1st. Be appointed an elector of President and VicePresident, 54; nor,

2d. Be a member of either house of Congress during his continuance in office. 22.

2. CONGRESSMEN.- No senator or representative shall,

1st. Be appointed an elector of President and VicePresident, 54; nor,

2d. During the time for which he was elected, be appointed to any civil office under the United States, 1st. Which shall have been created during

such time; nor,

2d. The emoluments of which have been increased during such time. 22.

§ 1. The object of the foregoing provision, which excludes persons who hold any office under the General Government from being appointed electors of President and Vice-President of the United States, was to prevent combinations and intrigues between pre-existing officials and the candidates for the two highest offices in the gift of the people. This clause requires that the electors shall come direct and fresh from the people, untrammeled by existing official relations.

§ 2. The clause forbidding membership of either house to officers under the General Government has been noticed in treating of the eligibility of senators and representatives, and need not be discussed here.

§ 3. Senators and representatives, although not officers of the United States, are excluded from being electors of President and Vice-President. The same reasons, however, why United-States officers should not be electors, bear with increased force against members of Congress assuming that trust. (See Executive Department.)

§ 4. The Constitution forbids the appointment of members of Congress to any civil offices created, or the emoluments whereof have been increased, during the terms for which such members were elected. The object of these provisions is apparent. It is to forbid the

creation of offices with tempting salaries, or the increase of the salaries of offices already in existence, with the design of obtaining those salaries on the part of those who should assist in creating or increasing them. (See appendix to Analysis D.)

No person holding any office under the Government of the United States shall, without the consent of Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State. 50.

§ 1. According to the theory of our government, American citizenship confers equality. Democracy abhors titular distinctions. The chief purpose of this clause is to forbid the acceptance of these distinctions and bribes, in whatever form they may be tendered by foreign powers, which, if received by an officer under our government, might seduce him from the faithful discharge of duty to his own country.

§ 2. A private citizen, it will be observed, does not come under this prohibition; nor does an officer under any State government. It is, perhaps, to be regretted that this prohibition was not extended farther, so as to include all American citizens. Were a costly present to be made by the Emperor of France or the Queen of England to the President of the United States, he would not be at liberty to accept it on his own account, though he might in behalf of the people, and have it preserved in the archives of the nation, as it might seem rude to decline it.

ART. III.- -THE PRESIDENT.

1. The compensation for the services of the President of the United States shall neither be increased nor diminished during the period for which he shall have been elected. 2. He shall not receive within that period any other emolument from the United States, or any State. 58.

This article will receive attention when we come to the discussion of the Executive Department.

ART. IV.-IMPEACHMENT.

1. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes or misdemeanors. 64.

2. Judgment in cases of impeachment shall not extend further than,

1st. To removal from office; and,

2d. Disqualification to hold and enjoy any office of honor, trust, or profit under the United States. 3. The party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law. 14.

The subject of impeachment has been fully presented in the first and second chapters of Part II. of this work. It will be found in Art. IX. of Chap. I., and Art. X., Chap. II.

CHAPTER VIII.

RIGHTS OF STATES.

ARTICLE I.-REPRESENTATION.

1. Each State shall have at least one representative. 5. 2. No amendment shall be made to the Constitution depriving any State, without its consent, of its equal suffrage in the Senate. 78.

§ 1. The first paragraph of this article is one of the clauses of the fifth paragraph of the Constitution, as it is numbered for convenience of reference. With the clause with which it stands in connection, it reads thus: "The number of representatives shall not exceed one for every thirty thousand; but each State shall have at least one representative." It is not here declared that there shall be one representative for every thirty thousand, but that the proportion shall not exceed that.

§ 2. At the taking of the first census, in 1790, it was ascertained that the State having the least number of inhabitants, Delaware,

contained over fifty-nine thousand. In 1860, the population of that State was a little over a hundred and twelve thousand; not enough, however, to give it one representative, were it not for this clause, that each State shall have at least one representative;' which for in 1860 the ratio of representation was fixed at one member for 127,316 inhabitants.

says

66

§ 3. The authors of the Constitution foresaw that the population of this country would rapidly increase for ages after their labors were done, and that many new States would be added to the Union. They also saw that it would not do to provide for increasing the number of members in the House of Representatives in proportion to the increase of population; for, in such case, that body would soon become inconveniently large for the purposes of legislative deliberation. Within one hundred years from the adoption of the Constitution, our country will number nearly one hundred millions. Were the House of Representatives, then, to have one member for every thirty thousand, it would have 3,333 members.

§ 4. When the time arrives that the United States shall number two hundred and fifty millions, the House of Representatives will probably be constituted on the basis of not over one member to a million of inhabitants. There will be many States, probably, at that time, which will not contain more than two or three hundred thousand each. Especially will this be true of the younger and the smaller of the older States. But these States must have at least one representative each, or they must be unrepresented in the national councils. Hence the necessity of this provision, that "each State shall have at least one representative."

§ 5. There are several States now in the Union, which, but for this provision of the Constitution, would not be entitled to representation in the House. They have not the necessary number of inhabitants; but they each have one member on account of this clause.

§ 6. The second clause of the article under consideration refers to equality of State representation in the Senate. When, in the Constitutional Convention, the smaller States consented that population might become the basis of representation in the House, it was upon the express condition that there should be equality of repro

sentation in the Senate. So tenacious were the smaller States on this point, that they insisted on and obtained this Constitutional provision. No majority of the States, however large, can change this clause of the Constitution so long as there is one State that refuses its consent to such change. The provision is for the protection of the smaller States.

ART. II.- PRIVILEGES OF CITIZENSHIP.

The citizens in each State shall be entitled to all the privileges and immunities of citizens of the several States. 72.

The purpose of this clause is to create a general national citizenship. Perhaps it does not so properly come under the rights of States as the rights of citizens derived from the States. A person being a citizen in one State of the Union may remove to any other without prejudice to his social, pecuniary, or political rights in his new home. He may purchase, hold, convey, and inherit property, and enjoy all other rights arising from citizenship, the same as though he were born or naturalized in the State to which he emigrates. These are rights in the enjoyment of which he can not only claim the protection of the United States, but of the States from which and to which he removes. (See appendix to Analysis B.)

ART. III.-STATE AMITY,

Full faith and credit shall be given in each State to the acts, records, and judicial proceedings of every other State. 71.

This provision confers at once a right on States and a right on individuals; and it imposes obligations on States: 1st. A State has the right to demand of another State that its acts, records, and judicial proceedings, shall be respected, and that full faith and credit shall be given to them. 2d. Individuals may demand the same, when that demand is necessary to the vindication of their rights. And, 3d, States on whom such demands are properly made are under obligations to heed and respect them. A judgment rendered by a court in Ohio, for instance, would be conclusive in New York, provided the courts of Ohio would hold it conclusive.

The manner of proving such acts, records, and judicial proceed