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by the people of each state, in concurrence with the people of all the states, it thus become a mutual compact between all, binding upon all, and upon their respective state governments.

119. A similar view of this subject was taken by the president of the United States, in his proclamation of December, 1832, occasioned by the hostile attitude assumed by the state of South Carolina against the general government; that state having threatened to resist the execution of a law of congress which she declared to be unconstitutional, and claimed for herself, as an independent state, the right to judge of the constitutionality of the law, as well as the right to secede from the union. These rights, it was asserted, had been reserved to the states, and had never been surrendered to the general government. The opinions expressed in the proclamation referred to, were, at that time, approved by a large majority of the people of the union. A few short extracts from that document are here given:

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'The people of the United States formed the constitution, acting through the state legislatures in making the compact, to meet and discuss its provisions, and acting in separate conventions when they ratified those provisions; but the terms used in its construction, show it to be a government in which the people of all the states collectively are represented. We are one people in the choice of the president and vice president. Here the states have no other agency than to direct the mode in which the votes shall be given. The people, then, and not the states, are represented in the executive branch.

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The constitution of the United States, then, forms a government, not a league; and, whether it be formed by compact between the states, or in any other manner, its character is the same. It is a government in which all the people are represented, which operates directly on the people individually, not upon the states: they retained all

are given in support of this last opinion? 119. What further authority is here cited, in corroboration of this opinion? What are some of the reasons given in favor of it? 120. What spirit must

the power they did not grant. But each state having expressly parted with so many powers as to constitute, jointly with the other states, a single nation, cannot from that period possess any right to secede, because such secession does not break a league, but destroys the unity of a nation."

120. The most able men have differed widely on this subject; and this diversity of opinion will probably continue to exist. These different views of the national compact are therefore given to lead the mind to inquire into the nature of the union, rather than to excite a spirit of controversy, which should always be discouraged. The people of the United States are indebted for the blessings enjoyed under their admirable system of gov ernment, to that spirit of compromise and mutual concession, which prevailed so universally among the members of the body that framed the constitution. It is indeed remarkable, that an assembly of men from so wide a territory, entertaining views, and representing interests, so varied and opposite, should have agreed on a form of government which should receive the assent of so large a majority of the people. And it is more remarkable still, that any system, adopted under these circumstances, should have been found, on an experiment of almost half a century, so fully competent to all the purposes for which it was intended. May the same spirit of forbearance and good will which governed those who framed and adopted our invaluable constitution, be cherished by their descendants!

have prevailed among the framers of the constitution? Has the constitution thus far answered its intended purpose? 121. In what

CHAPTER II.

Of the Legislative Power-House of Representatives.

121. ALL legislative powers granted in the constitution, are vested in a congress of the United States, which consists of a senate and house of representatives, The propriety of dividing the legislature into two co-ordinate branches, is obvious. It was intended, by this division, to guard against the evil consequences of hasty action by a single legislative body. The proceedings of some of the state legislatures, consisting of a single house, as well as the proceedings of congress under the confederation, had furnished examples of the ill effects of precipitate legislation. A hasty decision is not likely to be made, when a measure is liable to be arrested in its progress, and to be subjected to the critical revision of another body, in which it must pass through the same forms of deliberation before it become a law.

122. But there was another reason for this division o the national legislature. In the new constitution were combined the national and federative principles. It wa: proper that, when a people are incorporated into on nation, every district or territorial subdivision shoul have a proportional share in the government; and it was equally proper that each of the several members of the confederacy should have, in some respect, an equal voice in the public councils.

123. The house of representatives is composed o: members chosen every second year, by the people of the several states. By limiting the term of office of a repre sentative to two years, it was intended to secure a faithful and just representation of the interests of the people in the national councils. For, should a representative prove

are the legislative, or law making, powers of the government vested? For what purpose is the legislature divided? 122. Wha other reason is given for this division? 123. How is the house of representatives constituted? Why is the term of office of mem

to be incompetent, or unfaithful to his trust, he may at the end of two years be removed, and his place filled by another. Besides, the hope of a re-election, should his conduct meet the approbation of his constituents, and the fear of being displaced, should he forfeit their confidence, have a tendency to ensure a faithful performance of his duties. But if the elections were still more frequent, and the term of a representative were limited to a single year, his increased dependence on the popular favor, would probably diminish his regard for the general good.

124. Any person qualified to vote for a representative in the lowest or most numerous branch of the legislature of the state in which he resides, is entitled to vote for a representative in congress. But the qualifications of the electors, being established by the constitutions of the several states, are not uniform. In some states, the possession of a certain amount and description of property, is made a qualification. Colored persons are not allowed to vote in any state, excepting a few, in which the property qualification is required. In a majority of the states, however, all free white citizens, of the age of twenty-one years or upwards, having resided for a certain period of time in the state, and paid taxes thereto, are entitled to vote for representatives in the most numerous branch of the state legislature.

125. No person may be a representative unless he has attained to the age of twenty five years, and been seven years a citizen of the United States; nor unless he be an inhabitant of the state in which he is chosen. This provision, as to age and term of citizenship, is intended to prevent the election of men who have not had time to acquire that knowledge and experience, which are essential to constitute a useful and efficient representative; and, unless he be an inhabitant of the state in which he is chosen, he cannot be presumed to understand the interests he is to represent.

bers limited to two years? 124. What qualifications entitle an elector to vote for representatives? 125. What qualifications must

126. Representatives and direct taxes are apportioned among the several states, according to their respective numbers, which are 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. By this mode of apportionment, the free citizens of the slave-holding states have a greater number of representatives than an equal number of white persons in the other states. For instance, suppose a state to contain 500,000 free persons, and 300,000 slaves: the addition of three fifths, (180,000,) of the number of slaves, to the number of free persons, makes 680,000; according to which number representatives are apportioned. But as representation and taxation go together, it was thought the free states had no just cause to complain of unequal representation, as the slave states would be liable to greater direct taxes, in proportion to their free population, than the free states. Direct national taxes, however, have seldom been laid, and probably they will not again be resorted to.

127. The enumeration of the people is made every ten years, in such manner as the state legislatures direct. Representatives are at present apportioned according to the census of 1830. Census, among the Romans, was used to signify the valuation of a man's estate, and the registering of himself, his age, his family and his servants. As used in the United States, it usually means only the enumeration of the people.

128. The number of representatives may not exceed one for every 30,000 inhabitants. A very numerous legislative body cannot act with the same degree of convenience and despatch as a smaller assembly. Hence the propriety of this constitutional provision. To prevent the house of representatives from becoming too large, congress has found it necessary, from time to time, as the population of the states increased, to lessen the ratio of

a representative possess? 126. How are representatives and direct taxes apportioned among the states? 127. How, and how often are the people numbered? What is the meaning of census?

128.

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