554. What were the first attempts to obtain a more efficient government?

555. When, where and by whom was the present constitution of the United States formed?

556. How was the constitution ratified? When was the ratification by eleven states, and how was the event received? 557. When was the constitution organized? Who was the first president? Where and how was he inaugurated?

CHAPTER XV.

CONSTITUTION OF THE UNITED STATES.

558. Different forms of Government. In Asia the governments are all despotic; whole nations being subject to the arbitrary will of one man, under the denomination of emperor, sultan, king, nabob, or other title. In Europe, some nations are governed by the absolute sway of emperors or kings; some are subject to a body of nobles; others are subjects of forms of government of a mixed character, consisting of a king, of nobles, and representatives of the people. When the sole power of making laws is in the hands of one person, the government is called a monarchy, or an empire; the chief is called a monarch, emperor, or autocrat; and the government is arbitrary or despotic. When the powers of government all centre in a body of nobles, it is called an aristocracy, or oligarchy. The government of England is a mixed form, consisting of a king, lords, and commons.

559. Republican Government. These United States present the first example, in modern times, of a government founded on its legitimate principles. By the laws of nature, reason, and religion, all men are born with equal rights. Every person is equally entitled to the protection of his person, his liberty, and his property; and of course is entitled to have a voice in forming the government by which this protection is to be secured. In this country, the people all enjoy these inestimable rights and privileges; and the constitution of the United States, formed by the delegates of the people, and ratified by the people represented in conventions, guarantees to

them the enjoyment of their rights. This constitution is truly republican, and forms a splendid era in the history of man.

560. Distribution of the powers of Government. In the constitution of the United States, as in most of those of the several states, the government is divided into three branches, a House of Representatives, a Senate, and a President, or executive power. The House of Representatives and the Senate form_the legislative power, or power of enacting laws. The president is the chief magistrate, in whom is vested the power of executing the laws; that is, the power of enforcing them, or carrying them into effect. The reasons why the legislative power is vested in two branches or houses, are, that there may be a more full discussion of bills or proposed laws, for the purpose of ample deliberation, and a clear understanding of their nature and tendency; and also that one house may check, if necessary, any hasty or partial measures proposed by the other. The two houses are called the Congress of the United States.

561. Article I. The House of Representatives is composed of members chosen every second year by the people of the several states. The citizens who have the right of choosing, are called electors; and to be electors, they must have the qualifications which entitle citizens to vote for representatives in the several states; such as suitable age and character, and in some states, property. A representative in Congress must be twenty-five years of age, and have been seven years a citizen of the United States; and at his election, must be a citizen of the state in which he is chosen. The reasons are obvious. The age of twenty-five years is necessary to prevent young men, not mature in judgment, from being elected to one of the most important offices in government: and a man cannot represent a state, unless he is an inhabitant.

562. Apportionment of Representatives. The number of representatives in each state is according to the number of its free persons, and three fifths of all other persons or slaves, Indians not taxed being excluded.

For the purpose of ascertaining the number of persons, a census or enumeration of inhabitants is taken every ten years; and Congress by law determine the number of inhabitants which entitles to a representative. This number is enlarged every ten years, to prevent the House of Representatives from being too numerous. The house establishes rules of proceeding in conducting debates, and elects a speaker, who presides for keeping order, and enforcing the rules.

563. Senate. The Senate of the United States is composed of two senators from each state, chosen by its legislature for six years, and each senator has one vote. The senators are divided into three classes, and one class or third go out of office every two years, and the vacancies are supplied by new appointments. A senator must be thirty years of age and an inhabitant of the state, and he must have been a citizen of the United States nine years, at the time of his appointment. The vice president of the United States is president of the Senate, and has no vote, except when the votes of the Senate are equally divided. The smallest states have two senators, and the largest have no more; the senators being considered as representatives of the states, rather than of the people.

564. Distinct powers of the two houses. The House of Representatives has the sole right of impeachment, that is, the right or power to accuse officers of the government for maladministration, or for crimes, offenses, or neglect of duty in their offices. The Senate has the sole right and power to try offenders impeached. Each house is the judge of the elections, returns, and qualifications of its own members; each determines the rules of its proceedings, and punishes or expels its own members for disorderly conduct. Senators and representatives receive a compensation for their services which is ascertained by law. They are privileged from arrest, except for treason, felony, or breach of the peace, during their attendance in the session, and in going to and returning from the same. Officers of government cannot hold a seat in either house.

565. Money Bills. All bills for raising a revenue

must originate in the House of Representatives; but the Senate may propose or concur with amendments to such bills, as in other cases. This restriction in regard to the raising of money, is founded on the principle that the House of Representatives is strictly the representation of the people, and is intended to prevent undue appropriation of money, which might be made by a house less dependant on the people. In Great Britain the right of originating money-bills is solely in the House of Commons; but for stronger reasons, as the House of Lords is a body wholly independent of the people, by hereditary right or royal grant of title.

566. Mode of passing bills. Bills, when presented to either house, must be read three times. On the first reading, no debate is had, but a vote is taken for a second reading; and on this reading the bill, if opposed, is discussed, and then by vote is passed to a third reading, or rejected. Three readings, and regularly on different days, are required, and then, if not rejected, the bill passes to be engrossed. It is then engrossed on parchment, and passed to be enacted. The bill is then presented to the President of the United States, whose signature completes the act, and the bill becomes a law, But if the President objects to it, he returns the bill to the house in which it originated, with his objections in writing; and the bill is reconsidered. If on reconsideration, two thirds of the members are in favour of it, it becomes a law; if not, it dies.

567. Powers of Congress. The powers of Congress are specified in the constitution. They extend to the general concerns of the United States; leaving to the several states the right of making laws respecting their own local interests. The Congress can lay and collect taxes, duties, imposts, and excises, pay the debts, and provide for the defense and welfare of the United States; but all such duties must be uniform throughout the United States. Congress can borrow money, regulate commerce, coin money, establish postoffices and post roads, institute courts, declare war, raise and support armies, provide a navy, organize the militia, secure to authors and inventors the exclusive right to

their writings and discoveries for a limited time, and punish crimes or a violation of their laws.

568. Restrictions of power. Congress cannot pass any ex post facto law, that is, they cannot pass a law to punish a crime after it has been committed; they cannot lay a direct tax, unless in proportion to the census or number of inhabitants; they cannot lay any tax or duty on exports, nor give any advantage to one state over another in commercial regulations; no money can be drawn from the treasury, but in consequence of an appropriation by law; no title of nobility can be granted, nor can any officer of the government accept any present, emolument, office, or title, from any king, prince, or foreign state. No state can enter into any treaty, alliance, or confederation; grant letters of marque and reprisal, coin money, emit bills of credit, make any thing except gold and silver a tender in payment of debts, or pass any law impairing the obligation of contracts; nor can it lay any imposts or duties on exports or imports, without the consent of Congress.

569. Article II. The executive power is vested in a President, who, with the Vice-President, is elected for the term of four years. These officers are chosen by electors appointed by the states in such manner as the legislatures prescribe. The number of electors in each state is equal to the joint number of senators and representatives in that state. By an amendment to the constitution, the electors meet on the same day, in their respective states, and vote by ballot for President and Vice-President, one of whom must not be an inhabitant of the same state with themselves. They must name in their ballots the person voted for as President, and in distinct ballots, the person voted for as VicePresident. They make a certified list of all persons voted for, and transmit the same to the President of the Senate, who opens the certificates, in the presence of both houses of Congress, and the votes are counted. The person who has a majority of all the votes is declared President; or if no person has a majority, then from the persons having the highest number of votes, not exceeding three, the House of Representatives elect