independent states, or united into any number of confedera. cies, how could each protect itself against the encroachments of the others; or resist the attacks of foreign nations? A military force of the same strength would be necessary to defend a small state or confederacy as a large one; and the expense of maintaining a body of troops sufficient for its protection, would be intolerably burdensome to the citizens of a single state or small confederacy.

§ 191. Another object is, "to promote the general welfare." It is easy to perceive that this could not, or at least would not be done by the states. Each state, seeking the welfare of its own citizens, would adopt measures which would operate injuriously upon the citizens of other states. Nor is it probable that all the states would unite in plans for promoting the common welfare. These can be carried into effect by a common power having the necessary jurisdiction.

§ 192. The last object mentioned in the preamble, is, " to secure the blessings of liberty to ourselves and our posterity.' The liberties of the American people had been achieved by a severe struggle, and at a great expense; and the authors of our invaluable constitution, knew well how to appreciate the blessings of civil and religious freedom. It had become apparent that these blessings could not be long enjoyed under the government then existing. With the hope of securing and perpetuating them, the constitution was formed; and the experience of half a century has shown how remarkably it is adapted to answer the ends of its formation.

CHAPTER IV.

Legislative Department.-House of Representatives.

§ 193. "ALL legislative powers herein granted, shall be "vested in a congress of the United States, which shall con

there in favor of union for the common defence? § 191. Why would not the general welfare be promoted without union? § 192. What is the last general object expressed in the preamble ?

193. Wherein is the legislative power of the union vested? § 194

"sist of a senate and house of representatives."-Constuu. tion, article 1, section 1.

§ 194. The propriety of dividing the legislature into two branches, has been shown. (§ 67.) It is obvious, that the passage of improper laws will often be prevented by the check which one branch has upon the other. Some of the state legislatures, as well as congress under the confederation, consisted of single bodies; and their proceedings in many instances had proved the necessity of the division of the legislative power, in order to prevent the evil consequences of hasty legislation.

$195. "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 numer. ous branch of the state legislature.”—Article 1, section 2, clause 1.

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§196. Under the confederation, the delegates from each state to the congress, were appointed by the state legislature. The people, however, prior to the adoption of the constitution, enjoyed the right of electing their representatives in the legislatures of their respective states. And as it is an essential principle of republican institutions, that representatives be immediately dependent on the people, with whom they have a common interest, the privilege of electing the popular branch of the national legislature was secured to them by the constitution.

§ 197. The qualifications of the electors in the different states were so various, that any uniform rule which the convention might have established, would have been dissatisfactory to some of the states. The mode adopted must be satisfactory to every state, because it is conformable to the standard which it has established for itself.

§ 198. Representatives are chosen for two years. A short term of office is best calculated to ensure obedience, on the part of a representative, to the will of those whom

Why is a legislature divided? § 195. How is the house composed? What are the qualifications of the electors? § 196. How were delegates to congress elected under the confederation? § 197. Why are not qualifications of electors uniform in all the states 7 § 198. What

e represents. (§ 54.) Delegates were, by the confederation, required to be appointed every year; and they might be recalled at any time within the year, and others might de sent in their stead for the remainder of the term. But a period so short, it was presumed, would keep in the house too many new members, destitute of the knowledge and experience necessary to a due performance of the important duties of a national representative. Hence it was supposed, that the interests of the nation would be best promoted by fixing the term at two years.

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§ 199. "No person shall be a representative who shal' "not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall 66 not, when elected, be an inhabitant of that state in which "he shall be chosen."-Art. 1, sec. 2, cl. 2.

§200. The provision with respect to age, is intended to exclude men who have not had time and opportunities of acquiring a general knowledge of public affairs. Few young men, at the age of twenty-one, possess the wisdom and maturity of judgment which are essential to a proper discharge of the duties of a legislator. Besides, their characters are not fully established at that age, or they are not sufficiently known to entitle them to the confidence of those whose interests are to be represented in the councils of the nation.

§201. That no others than citizens of the United States ought to be eligible to the office of representative, is evident. The attachment of foreigners to our country is presumed to be too feeble, and their knowledge of our free institutions too limited, to be intrusted with political or civil power. A long term of citizenship is therefore made an indispensable qualification for a representative. By seven years' citizenship is not meant seven years' residence. A foreigner or alien, when naturalized, becomes a citizen, and is entitled to the privileges of native born citizens, but not until then. And as a residence of at least five years is in all cases required before he can be naturalized, and as

are the advantages and disadvantages of a short term of office? § 199. What are the qualifications of representatives? § 200. What is the object of the qualification respecting age? §201. Respecting

an additional residence of seven years is required to render him eligible to this office, the door seems to be effectually closed against foreign influence in the government. (§ 319328.)

§ 202. To be a representative he must be an inhabitant of the state in which he is chosen, in order to secure, on his part, an intimate knowledge of the interests of those whom he represents. As the constitution does not designate any particular part of the state in which he must reside, a residence in any part of it, though without the bounds of the district he is to represent, renders him eligible, unless there be a special law of the state to the contrary.

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§ 203. " Representatives and direct taxes shall be ap"portioned 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 subse. quent 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 "choose 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."—Art. 1, sec. 2, cl. 3.

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§ 204. The apportionment of representatives was a subject of much debate in the convention. The small states had, under the confederation, the same power in congress as the large ones. Each state was entitled to not less than two nor more than seven delegates; and had one vote, the

citizenship? What is citizenship? § 202. Must a representative reside within the district he represents? § 203. How are representa. tives apportioned among the states? To what is their number restricted? § 204. What was the relative power of the large and

votes on all questions being taken by states, a majority of the delegates of a state determining its vote. The small states insisted on retaining the same power; the large states, on the contrary, contended for a representation in proportion to the number of inhabitants which each state contained. So unyielding were the members on both sides, that the convention was on the point of being broken up.

§205. The uniting upon a system of apportionment was rendered the more difficult, by the slaveholding states claim. ing a representation according to numbers, bond and free; and the free states insisting on a representation according to the number of free persons only. It was held to be proper to take slaves into consideration when taxes were to be apportioned, because it might discourage slavery; but the principle of taking slaves into computation in apportioning representatives, involved the absurdity of increasing the power of a state in making laws for freemen, in proportion as it violated the rights of freedom. It was improper to represent men who had no will of their own. On the other hand it was said, that representation and taxation ought to go together, and one uniform rule ought to apply to both. It would not be just to compute slaves in the assessment of taxes, and discard them in the apportionment of representatives. In imposing a burden, some advantage ought to be conferred. A compromise was at length effected: The non-slaveholding states assented to the proposition, that three fifths of the number of slaves be added to the number of free white persons in forming the basis of representation, on condition that they be computed in the assessment of direct taxes also.

§ 206. Hence it appears, that the slaveholding states have a greater number of representatives in proportion to the number of their free white population, than the other states. To illustrate this, suppose a state to contain 600,000 free persons, and 500,000 slaves. Three-fifths of the number of slaves is 300,000: this number added to the number of

small states in congress under the confederation? § 205. What in. creased the difficulty of agreeing upon a rule of apportionment? What reasons were given for and against slave representation? § 206. Illustrate, by example, the effect of the present basis of representation