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COLLOQUY V.

THE CONSTITUTION OF THE UNITED STATES-ANALYSIS OF ITS PROVISIONS, MUTUAL COVENANTS, AND DELEGATIONS OF POWER, AS IN THE ARTICLES OF CONFEDERATION.

MR. STEPHENS. Let us now look into the Constitution itself, and see the nature of the Government instituted by it, so far as appears from the words, and the terms used in it;-keeping closely in mind all the antecedent factsthese are mainly-the separate Sovereignty of the States, by whose Delegates it was framed-the old law-the articles of Confederation-the evils complained of under them, and the remedies proposed. Keep in mind the purpose for which the Convention was called, the instructions and powers, under which the Delegation from each State acted, as well as what the Convention said of their work, after it was done, in transmitting it to the States, then in Congress assembled. Recollect, also, what Ellsworth and Sherman said of it, and what Washington, in his own name, said of it. All these matters should be kept constantly in view in our examination of the terms of the Constitution. With these facts, then, thoroughly impressed upon the mind, let us enter upon an examination of the Instrument itself.

Upon an analysis of the entire provisions of the Constitution, from the beginning to the end, similar to the analysis made of the Articles of Confederation, we see that the whole may be divided and arranged:

* See Appendix C.

First, into mutual Covenants and Agreements between the States, and

Secondly, the delegation of specific powers, by the States severally, to the States jointly, to be exercised by them jointly, in the mode and manner specifically set forth in the mutual Covenants, as stated.

The mutual Covenants relate partly to the new organi-* zation, and the general division of the exercise of the powers granted or delegated to the different departments; and partly to restrictions upon the several States, and duties or obligations assumed by them, just as under the former, or old Constitution.

The Covenants of the First Class, for a clearer understanding, by proper analysis, may be further subdivided under appropriate heads, and in classification arranged accordingly. Those relating to the new organization and division of powers being placed by themselves, in order, and those relating to the restraints upon the several States and the duties and obligations assumed by them as States. being, also, arranged by themselves, in like order.

Now, then, upon opening the Constitution, at the head of it, we find the Preamble, of which we have spoken. That is in these words:

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CONSTITUTION OF THE UNITED STATES OF AMERICA.

"We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this CONSTITUTION for the United States of America."

From this, as has been shown, it clearly appears that it was the intention of those who framed what follows, that it was to be a Constitution for States, or, in other

words, a Compact between States. No more on that point here.

First, then, in our examination into the body and substance of the Instrument, let us arrange all the mutual Covenants or Agreements in their order, according to the plan of analysis as stated.

Those relating to the new organization and the machinery of the Government, and the distribution of Powers, may be placed as follows:

FIRST.-COVENANTS RELATING TO THE LEGISLATIVE

DEPARTMENT.

1st. "All Legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."

2d. "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature."

3d. "No Person shall be a Representative who shall not have attained to the Age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."

4th. "Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every

subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three."

5th. "When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies."

6th. "The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment."

7th. "The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote."

8th. "Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies."

9th. "No Person shall be a Senator who shall not have

attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen."

10th. "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided."

11th. "The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States."

12th. "The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present."

13th. "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and Disqualification to hold and enjoy any Office of honour, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

14th. "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the place of chusing Senators."

15th. "The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day."

16th. "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a

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