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consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.
3. But no person constitutionally ineligible to the office of president, shall be eligible to that of vice president of the United States.
The provision of the last amendment, allowing each state but one vote in case of an election by the house of representatives, is the worst feature in the constitution. It subverts the first principle of political justice, by making the votes of the small states equal to that of the large ones. If the election were by a joint convention of the two houses, each senator and representative having one vote, the relative vote of the several states would be the same as it is in the electoral college, full justice would be done to all, it would tend to a reasonable compromise and adjustment of sectional and partizan strifes and jealousies, and avoid the great objections now existing, to allowing the election of president to go to the house of representatives. It would be likely to lead to such re-adjustments of parties as frequently take place in the cabinet and parliament of Great Britain ; and could hardly fail to produce harmony of action in congress, and harmony of feeling in our country.
ELEMENTS, ORIGIN, AND DEVELOPEMENT OF THE SYSTEM OF LAWS, CON
STITUTIONS, AND GOVERNMENTS, BY WHICH THE RIGHTS AND LIBERTIES OF THE AMERICAN PEOPLE HAVE BEEN SECURED THE SYSTEM
HAVING BEEN FINALLY CONSUMMATED BY THE FORMATION AND AD
OPTION OF THE CONSTITUTION OF THE UNITED STATES, THE ORGANE ZATION OF THE NATIONAL GOVERNMENT UNDER IT, AND THE ADOPTION OF THE ORDINANCE OF 1787, FOR THE GOVERNMENT OF THE TERRITORIES THEN BELONGING TO THE UNITED STATES.
THE ORIGIN AND CHARACTER OF THE AMERICAN CONSTITU
TIONS AND BILLS OF RIGHTS.
The articles of confederation, firstly, and subsequently the federal constitution as a substitute for them, constituted, or was intended to constitute, so far as practicable, a permanent compact and bonil of union between the states. They were also intended to constitute a part, and do constitute a part, of the constitution of each state-as much so, as if the federal constitution was copied therein at length. This is especially recognized by the 4th article of the bill or declaration of rights, forming a part of the constitution of Massachusetts, which is as follows, viz:
“ The people of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state ; and do, and forever hereafter shall exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter be, by them cupressly delegated to the United States of America, in congresu assembled.”
The 7th article of the bill of rights, forming a part of the constitution of New Hampshire, recognizes the government of the United States in nearly the same words. The people of each and every one of the states claimed the sole and exclusive right of governing themselves, as free, sovereign, and independent states, and of exercising and enjoying every power, jurisdiction, and right properly belonging to an independent state except such powers as they had expressly granted to the national government, first by the articles of confederation, and lastly by the constitution of the United States.
To understand and construe correctly the constitution of the several states and of the United States, it is necessary to consider them together, and to consider also the declarations or bills of rights, forming parts of the state constitutions, which embody many of the principles and corner stones on which our dual system of government is based.
The first American constitution was framed by a convention of delegates of the colony of South Carolina, and adopted by the convention on the 26th of March, 1776. It contains no formal bill of rights—but the 8th and 9th articles thereof contain some of the most valuable elements of a bill of rights.
The first constitutional convention of Virginia, adopted on the 12th of June, 1776, the first formal American bill, or declaration of rights, which embodied the most of the elements of the bills of rights of all the other states. Some of the principles and provisions of the American bills of rights were borrowed from the magna carta of King Joho, and other great charters of the 13th century ; some of them are from the petition of rights and acts of the parliament of Great Britain, in the time of Charles I. (1628 to 1649); some of them originated in England during the revolutionary period from 1685 to 1689; but many of them are of American origin.
The articles of amendment to the constitution of the United States numbered 1 to 8, inclusive, were taken from the constitutions and bills of rights of the states, and from magna carta of King John. The 10th article of the amendments thereto was taken from the 2d article of confederation-leaving out the explanatory part, which serves to illustrate its meaning, and to which the reader should
refer, to understand its meaning, and get a clear idea of the division of power between the national and state governments.
The state constitutions are generally comprehensive in their details, and arrangements for the formation of complete governments --extending to every proper subject of government except national, inter-national, and inter-state matters. The first constitutions of Pennsylvania and Vermont provided for only one legislative body and a council ; but for many years past, the legislature of each state in the Union has consisted of two distinct houses, each of which must pass bills before they can become laws. Each state has also a governor or chief executive officer—a supreme court with appellate jurisdiction, inferior courts, and magistrates, codes of laws, and systems of jurisprudence, and all the machinery of county and city governments; and in the most of them, township governments also. All the machinery of government in each state applies to the same territory, to the same people, to the same property, as the constitution, government, and laws of the United States do ; and each must be operated and executed within its proper sphere, without conflicting with the proper action of the other. Hence the importance of an accurate interpretation of the constitution of the United States, in order to ascertain with certainty the precise boundaries of power between the national and state governments, and prevent conflicts between them.
SEC. 2. GREAT ENGLISII CHARTERS OF KING JOHN, HENRY UI.
AND EDWARD I. The liberties, personal rights, and rights of property, secured to the freemen of America, as well as to Englishmen, were derived through the great charters granted by Norman Kings. The Barons of England, in military array, and at the point of the sword, extorted the first great charter from King John at Runnymede, June, 1215. The same charter was confirmed in parliament by his son, King Henry III. with some additions. The same charter was afterwards confirmed by statute, called Confirmatio Cartarum, of 25th Edward I. (A. D. 1297), whereby the great charter is directed to be allowed as the common law. These charters, in fact, constituted the most essential portion of the British constitution, down to the time of the long parliament, in the time of Charles I. (1641)
The liberty and rights of the freemen of England, both as to person and property, were secured by those charters, by the following provisions :
From King John's Charter:
Sec. 46. No freeman shall be taken, or imprisoned, or dis seized, or outlawed, or banished, or in any way destroyed; nor will we pass upon him nor commit him to prison, unless by the legal judgment of his peers, or by the law of the land.
The same provision is contained in the 29th chapter of magna carta, of 9th Henry III. (1225), drawn out more at length, as follows, viz:
“Nullus liber homo capiatur, vel imprisonetur, aut disseiziatur de libero tenemento suo, vel libertatibus, vel liberis cousuetudinis suis, aut utlagetur, aut exulit, aut aliquo modo destruatur ; nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae. Nulli vendemus, nulli negabimus, aut differemus rectum vel justitiam.” Which has been translated as follows :
"No freeman shall be taken, or imprisoned, or disseized of his freehold or his liberties, or free customs, or be outlawed, or banished, or in any way destroyed; and we will not pass upon him, nor condemn him but by the lawful judgment of his peers, or by the laws of the land. We will sell, (referring to justice and its administration), to no man, and we will not deny nor defer either right or justice to any man.”
The 29th section of the confirmatio cartarum, or magna carta, of Edward I. has been translated into English, as follows, viz:
29. No freeman shall be taken or imprisoned, or disseized of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any otherwise destroyed; and we will not pass upon him nor condemn him, but by lawful judgment of his peers, or by the laws of the land. We will sell to no man, we will not deny or defer to any man, either justice or right.
PETITION OF RIGHTS PRESENTED TO KING CHARLES THB
FIRST, WITH HIS REPLIES.
To the King's Most Excellent Majesty:
1. Humbly show unto our sovereign lord the King, the lords spiritual and temporal, and commons in parliament assembled,