196, 198, 210, lation on specified subjects, and the inhibitions upon the States. 224, 225. Story's Const. § 482-489; 2 Kent's Com. 333-4.

How insure domestic

9. TO INSURE DOMESTIC TRANQUILLITY. This, doubtless, means peace among and between the States. And it was sought to be tranquillity? attained by the equality of representation, actual and proportionate; the power to regulate commerce among the States; the inhibitions upon them; the jurisdiction of the Supreme Court over controver21. 89, 161, sies between them; the guaranties of the rights of the citizens in 162, 220, 223, each; the rendition of criminals and persons held to service; the guaranties of republican forms of government, and against domestic strife; and the national power of legislating over all irritating subjects. See Story's Const. § 490-494; the Federalist, Nos. 9, 10, 41.

233.

What is the

common defense? How

attained?

10. TO PROVIDE FOR THE COMMON DEFENSE. - This means the defense of the nation against all enemies, foreign and domestic. The end was intended to be attained by giving the power to Congress to declare war; to provide for armies and navies; grant letters of marque and reprisal; forts and arsenals; for arming and disciplining the militia; making treaties the supreme law; making

117, 123, 130, the President the commander-in-chief of the army and navy, and 175, 238, 240. of the militia when in actual service. Federalist, Nos. 24, 25, 41; Ex parte Coupland, 26 Tex. 386; Paschal's Annotated Digest, notes 218, p. 88-90; Story's Const. §§ 494, 495; Farrar, § 95.

What is the general welfare?

79, 80.

221.

11. TO PROMOTE THE GENERAL WELFARE. This, doubtless, means the general and equal advantages to all the people and the States, arising from the grants of power contained in the Constitution, as well as the inhibitions upon Congress and the States, and the guaranties in the Constitution.

Without claiming this as a warrant for the exercise of doubtful 87, 110, 220, implied powers, we may point to the regulation of commerce; the coining of money; post-offices and post-roads; the acquisition and extent of territory; the patents and copy-rights, and the general protection of the citizen everywhere, as vast blessings, the true value of which no one can comprehend.-ED. See Story's Const. 497-506.

8, 4. 80.

What is liberty?

How attained?

The words "common defense and general welfare" were not inserted until 4th Sept., 1787. "Safety" seems to be the first object. (Jay, Federalist, Nos. 3, 4), Farrar, §101. The same words occur in the first clause of section 7. See criticisms upon them. Id.

12. TO SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY.

Civil liberty means the natural liberty of every one to pursue his own happiness, except so far as he is restrained by the laws of the land. Burrill's Law Dictionary, CIVIL LIBERTY; Co. Litt. 116, b; 1 Bl. Com. 125; note 5; 2 Kent's Com. 26.

This was doubtless the liberty intended to be secured and transmitted to posterity in perpetuity. The object has been sought to be more permanently secured by the amendments incorporating the great principles of Magna Charta; the reservation of powers to the States; the destruction of negro slavery, which became dangerous to liberty, and the guaranties to the citizen in all the 246. Amendments. Story's Const. § 17, 507-517; 1 Elliot's Debates, 245-275. 278, 296, 297, 332; 2 Id., 47, 96, 136; 3 Id., 243, 257, 294. The Federalist, everywhere. See Farrar, §§ 34, 104-122.

the United

2, 4.

suits?

13. "OF THE UNITED STATES OF AMERICA." - Mr. Calhoun, in his What is essay on Government and in his speeches, contended, that this meant by meant "States united"-that is, a league or compact and not a States of government. But the true definition doubtless is, the union of America? States under all the restrictions contained in the Constitution. "The Government of the United States." Cohens v. Virginia, 6 Wheat. 2, 4, 6. 264. The United States is a government, and consequently a body politic and corporate, capable of attaining the objects for which it Is it a corpowas created, by the means which are necessary for their attain- ration? ment. United States v. Maurice, 2 Brock. 109. And, to the ex- 2, 4, 138. tent of its limited powers, it is supreme. See the Dred Scott decision, and Abelman v. Booth. Through the instrumentality of the proper department to which the delegated powers are confided, it may enter into contracts not prohibited by law, and appropriate to the just exercise of those powers. United States v. Tingey, 5 Pet. 128. As a corporation, it has capacity to sue by its corporate title. Dixon v. United States, 1 Brock. 177; Dugan v. United States, 3 Wh. 181. It may compromise a suit, and receive real Can it comand other property in discharge of the debt, in trust, and sell the promise same. United States v. Lane's Administrators, 3 McLean, 365; Neilson v. Lagow, 12 How. 107-8. The above decisions quoted and approved. Dikes v. Miller, 25 Tex. (1860;) and held, that, upon the same principle, the owner of land may file a release in the general land-office, and divest himself of the right to recover. Id.; Paschal's Annotated Digest, note 4. Absolute What was sovereignty, and complete supremacy in the exercise of all govern-intended? mental powers confided to the National Government, were intended to be secured; and it is believed that such intention was accomplished. Metropolitan Bank v. Van Dyck, 27 N. Y. Rep. 407. The powers of the General Government and of the States, al Distinguish though both exist, and are exercised within the same territorial the powers? limits, are yet separate and distinct sovereignties, acting separately and independently of each other within their respective spheres. And the sphere of action appropriated to the United States is as far beyond judicial process issued by a State Judge or a State Court, as if the line of division were traced by landmarks and monuments visible to the naked eye. (Ableman v. Booth, 21 How. 506, 516); Metropolitan Bank v. Dan Dyck, 27 N. Y. R. 411. See also Story's Const. § 413; The People v. New York Central Railroad Company, 24 N. Y. 485, 486; Newell v. the People, 3 Seld. 93; Gibons v. Ogden, 9 Wheat. 188; Martin v. Hunter, 1 Wheat. 304, 326, 327; McCulloch v. Maryland, 4 Wheat. 416, for the rules of interpretation as to the powers hereinafter granted.

3*

71.

138.

Where is the legislative power?

What is

ARTICLE I.

SEC. I.-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.

14. LEGISLATIVE POWER is the law-making power or supreme legislative power, wherein, according to Blackstone, resides the sovereignty, power? or at least the exercise of sovereignty, of the State. 1 Bl. Com. 49.

Why a 15. CONGRESS.-An assembly of persons; an assembly of enCongress? voys, commissioners. or deputies. An assembly of represen

Is this wise?

Of what is the house of

tatives from different governments to concert measures for their common good, or to adjust their mutual concerns. Webster. Here it is the National Legislature. 1 Kent's Com. 221; Burrill's Law Dic., CONGRESS.

The word was doubtless transferred from the Articles of Confederation, where each State expressly retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by this Confederation expressly delegated to the United States in Congress assembled. The government was only "a firm league of friendship." Art. 2, ante, p. 9.

The wisdom of this division of legislative power into two branches has been vindicated by our wisest statesmen. Story's Const. chap. viii. § 545-570; 1 Kent's Com. 208-210; The Federalist, No. 22; De Lolme on the Constitution of England, B. 2, chap. iii.; Randolph's Letter, 3 Amer. Museum, 62, 66; Adams's Defense of American Constitutions, 105, 106, 121, 284, 286; 2 Pitk. Hist. 294, 305, 316; Paley's Moral Philosophy, b. 6, ch. vii.; Wilson's Law Lect. 393-405.

In regular logical consecutive order the Senate should be first defined, but it is not. [ED.]

SEC. II.-[1.] The house of representatives shall be representa composed of members chosen every second year by

tives?

Why by the people of

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.

16. The House simply means the popular branch. By THE PEOPLE is meant the wise principle of direct representation and the several responsibility. (The Federalist, Nos. 40-52; 1 Wilson's Law

States?

What people?

Lect. 429-433; 2 Id. 124-128; 1 Tucker's Blacks. Com., App. 28; Paley's Moral Philosophy, b. 6, ch. 6); Story's Const. § 571576; Curtis's Hist. of the Const. 148.

"THE PEOPLE" are that portion of the citizens of the United States who are the resident inhabitants of particular States. Aliens are excluded. Farrar, § 24-38. This accords with Mr. Calhoun's 24-38. speech upon the admission of Michigan. But it is not sustained by practice, and was denied in the speeches by Mr. Stephens and others on the admission of Minnesota. Properly, "THE PEOPLE" 6, 21-25, 220, here really mean the qualified voters. But here Mr. Farrar contends that Congress may prescribe the qualifications. Farrar, § 124 -141. Mr. Farrar admits the practice to be contrary to his theory, but insists that an alien is not an inhabitant. (College v. Gove, 5 Pick. 373); Farrar, § 133. It will be observed that the elec- Who are tions are by "the people of the several States." But what electors? people shall vote? They are the "electors of the most numerous branch of the State legislature." There was then very little uniformity as to these voters. 2. Elliot's Debates, 38; 2 Wilson's Law Lecture, 128-131; Federalist, No. 52 to 54; Story's Const. chap. 9, § 570, et seq. 2 Curtis's Hist. of the Const. 198. Time has only lessened the uniformity, for many of the States allow unnaturalized aliens to vote. See the constitu- Is a negro tions of Illinois, Indiana, and Michigan, and the congressional one of the debate upon suffrage, 1865-66. In the Dred Scott case the sub-people? ject was fully discussed, and it was said that, while congress possessed the exclusive power of naturalization, a negro could 220. not be made a citizen of the United States; that a State could confer the right of suffrage on an alien, or any one else, but it May he be a could not thereby make them citizens of the United States. voter? Scott v. Sandford, 19 How. 404-414.

Constitu

The Constitution of the Confederate States, which showed the What of the Southern mind as to proper amendments, interpolated the words Confederate "shall be citizens of the Confederate States." And to the section was tion? added a clause, "but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or.political, State or federal." Paschal's Annotated Digest, p. 86.

This proved the willingness to make suffrage a matter of na- 6, 220. tional legislation, and the determination to avoid participation in the elections by persons who were not national citizens.

Mr. Farrar has only followed these extreme views. The ques- What is the tion of limited suffrage, and the motives which influenced the reason of the Convention to leave the power with the States, will be found in the rule ? following authorities: 1 Blacks. Com. 171, 172, 463, 464; Montesquieu's Spirit of Laws, b. 11, chap. vi.; Paley's Moral Philosophy, b. 11, chap. vi.; Locke on Government, p. 2, §§ 149, 227; Adams's Amer. Const., letter vi. pp. 263, 440; Jefferson's Notes on Virginia, 191; Story's. Const. 576-587; Curtis's Hist. of the Const. 187, 194, 200.

QUALIFICATIONS.-The word as here used is hardly within any What means of the ordinary significations. Webster's Dic., QUALIFICATION. qualificaThere was this logic and consistency in the rule adopted: 1. Those who indirectly elect the senators and the president and 19, 35, 46, vice-president, directly elect the representatives in Congress. 167. 2. The National Constitution could not well fix a rule as to voters for Congress without also extending it to all elections. 3. Any

28, 233.

What are

absolute abuse of the rights of electors, such as transferring the choice to other magistrates, or to a particular profession, profession, would be subject to the guaranty of a republican form of government.

17. The following are the "QUALIFICATIONS" for electors in the the qualifica- different States at the present time: In all the States, males twenty

tions as now defined by the States?

Alabama?

Arkansas?

one years of age.

ALABAMA.-White citizens of the United States; residence in the State one year, and in the county three months. Soldiers, seamen, and marines of the United States, and persons infamous for crime excluded. Const. of 30th Sept., 1865. Hough, New York Convention Manual, 82. See new Constitution of 1867.

ARKANSAS.- White citizens of the United States; six months residence; soldiers, seamen, and marines in time of peace excluded, Constitution of 1864-'5. Id. 85.

California?

CALIFORNIA.-White citizens of the United States and of Mexico, who shall have elected to become citizens of the United States under the treaty of the 30th May, 1848. Indians may be qualified by two-thirds of the legislature. Constitution of 13th October, 1849. Id. 96, 97.

Connecticut?

Delaware?

Florida?

CONNECTICUT.- Every white male citizen of the United States; one year's residence; freehold of the yearly value of six dollars; good moral character; able to read any article of the Constitution, or any section of the statutes of the State. Amendments of October, 1845, and October, 1855. Id. 115.

DELAWARE. Free white citizens of the United States; one year's residence; having paid a county tax within two years, which had been assessed at least six months before the election; no tax if between twenty-one and twenty-two years old; no person in the military, naval, or marine service of the United States shall be considered as acquiring a residence in this State by being stationed in any garrison, barrack, or military or naval place or station within this State; and no idiot or insane person, or pauper or person convicted of any crime deemed by law felony, shall enjoy the right of an elector. Constitution of 2d December, 1831. Id. 121.

FLORIDA. Citizens of the United States, with one year's residence. Officers, soldiers, and marines of the army and navy do not thereby acquire residence. The legislature may exclude persons convicted of infamous crimes. Constitution of 7th November, 1865. Id. 135.

Georgia?

GEORGIA. Free white male citizens of this State and of the United States; have paid all taxes required of them, and which they have had an opportunity of paying, for one year preceding the electiou; two years' residence in the State and one year in the county. Constitution of 7th Nov., 1865. Id. 149.

Illinois?

ILLINOIS.-White male citizens. Residence one year; inhabitants of one year's residence at the adoption of the Constitution. Constitution of 31st August, 1847. Id. 169.