be hoisted on their forts, arsenals, and other buildings, and on territory belonging to the United States, and on their vessels of war, and over the army controlled by them.

The several State flags, such as the blue flag of Virginia and the white flag of New York, were intended to be raised over State troops, and wave over State buildings.

When the President, in the name of all the States, makes requisition on the individual States for troops for the "common defence," it was intended that each contingent should be mustered under its State flag into the service of the Union. During war the flag of the United States should only be used as the symbol of Union; and when hostilities ceased, State troops should be returned to their governors and resume their State flags.

No mention is made of a flag of the Union in the Constitution. It is an omission.

Is it proper to speak of " the State and Nation "?

It is not. The phrase is a growing absurdity. The States now number forty-five, and more will be admitted. Each has a coat of arms, and each has its methods of self-government, which differ widely from each other in many respects. States must have and preserve "a republican form of government." That is their compact as united sovereigns. It has been shown that the United States are not a nation.

What is meant by the House of Representatives of the United States?

The people of the States in council. The House protects majorities.

What is the Speaker of the House?

The presiding officer of the people of the States in council. When the election of President is referred by the States to the people, the House resolve themselves into a special council of the people of the States, and then- vote as States, separately.

What of the Vice-Presidency and the Senate? Article II., section 3, says: "The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves." The inhibition is without reservation or qualification. There is no ambiguity here. The electors are not to vote for two inhabitants of the same State for President and Vice-President. It means partial disfranchisement for any attempt of the citizens of one State to monopolize two executive offices at the same time, and during prescribed terms.


As Article II. originally stood, the section did not name "President and Vice-President," but "two persons," to be balloted for. The tie vote and fierce struggle between Jefferson and Burr caused the adoption of the amendment which specifically sets forth how separate ballots shall be cast for President and Vice-President. In case of no election, the Senate chooses a Vice-President.

So much for the letter. The spirit, which is the very life of the letter, suggests that the equality and co-equality of the small States will become impaired if a large and populous commonwealth is permitted to have at the same moment, and during four years, two of her citizens in the first and second executive offices of the United States. One of them must be held to be ineligible in his own State. Necessarily the Vice-President would be discarded, as the ballot for President has electoral precedence.

The Vice-Presidency seems to have been of little importance to the framers of the unamended Constitution.

Dr. Franklin called the Vice-President "his superfluous Excellency."

What is meant by the Senate of the United States?

The States in council. The Senate protects minorities. Because States are constituents of Presidents, and in a confederation each member should be equal and co-equal, and as each State was a priori sovereign, the smaller States are represented by two Senators, as are the larger and largest. The Senate arose from the necessity of compromise and union.

What is the balance-wheel?

No law can be enacted unless a majority of States and a majority of the people of the States concur. This prevents the States as corporate bodies from dominating the people who are corporators, and the people from dominating the States as corporations.

During the Articles of Confederation, States only voted. They were equal, as under the present Constitution. Nine States could pass a law. The keen eyes of Ellsworth, Sherman, and Johnson saw the vice, and insisted that Congress should be made bicameral. Two Houses of Congress were created; one House representing the numerical force of States, and the other the equipollency of States. What New York, Pennsylvania, and Virginia lose by the smaller States in the Senate, they regain by powerful representation in the House.

The idea of a Senate and House, as now constituted, was suggested by the "Connecticut systern " (since 1699) of two legislative Houses; one representing the equality of the towns, the other the whole people.

What of equality in the Senate?

It is an irrepealable provision of the Constitution that " No State, without its consent, shall be deprived of its equal suffrage in the Senate."— See Article V.

For what cause can a member of Congress be expelled?

With the concurrence of two-thirds, each House can expel a member for disorderly behavior. This punishment is temporary, and intended solely to defend the dignity of the people in council and the States in council. There is no authority to inquire into the personal history of a Senator or Representative before election. It is presumed that the several States and the people select with a view to their wants. Their will is sovereign. Neither House can resolve itself into a criminal court to try members for alleged offences against the laws of any State or Territory. That is a matter for the courts of law.

What are superior and inferior officers?

All officers appointed by the President "by.and

« ForrigeFortsett »