cure under any government possessing this power. A state legislature may alter or modify public corporations, such as counties, towns, and cities, provided the property therein be secured to its original owners; but such legislature cannot repeal statutes creating private corporations, or dispose of the property of the corporators. A charter from the British crown to the trustees of Dartmouth college before the revolution, has been declared to be a contract within the meaning of the constitution. The supreme court held that the college was a private corporation; and that the act of the legislature of New Hampshire, materially altering the charter without the consent of the corporation, was a law impairing the obligation of a contract, and therefore unconstitutional and void.

§ 450. No state shall, without the consent of the con. gress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the nett produce of all duties and imposts laid by any state on imports or exports, shall be "for the use of the treasury of the United States; and all "such laws shall be subject to the revision and control of "the congress. No state shall, without the consent of congress, lay any duty of tonnage; keep troops or ships of "war in time of peace; enter into any agreement or com st pact with another state, or with a foreign power; or enแ gage in war, unless actually invaded, or in such imminent danger as will not admit of delay."Art. 1, sec. 10, cl. 2. § 451. The reasons for restraining the power of the states over imports and exports, have been considered. (§ 291.) Inspection laws are enacted by the states; and are intended to improve the quality of the products of a country. In. spectors place upon the articles inspected a mark or stamp, indicating their quantity or measure, and their quality. This serves also to protect purchasers against loss. A small tax is laid upon the goods thus inspected, to pay for their inspection. The objects of the remaining provisions of this clause are so apparent as not to require particular notice.

§ 450. How far only may states lay imposts and duties? When en gage in war? § 451. Why ought not the states to lay duties?

CHAPTER XXI.

Executive Department.-Term of Office and Election of President and Vice President.

§ 452. "The executive power shall be vested in a presi"dent of the United States of America. He shall hold his "office during the term of four years, and, together with "the vice president, chosen for the same time, be elected 66 as follows:"Art. 2, sec. 1, cl. 1.

§ 453. The necessity of an executive department, the general principles on which it is established, and the nature and duties of the executive office, have been considered. It has also been stated, that this department did not exist under the confederation. (§ 83, 84, 179.) Experience had convinced the framers of the constitution, not only that an ex. ecutive power was necessary, but that, to secure an ener getic and prompt execution of the laws, this power ought to be vested in a single person. All laws duly made must be carried into effect. Whether they be deemed by an ex ecutive to be inexpedient or otherwise, it is his duty to see them faithfully administered, until repealed by the legislature, or pronounced unconstitutional by the judiciary.

§454. Respecting the proper duration of the executive office, a diversity of opinion prevailed in the convention. Some proposed a short term, in order to make a president feel his responsibility to the people. Others deemed a long term necessary to a firm and independent exercise of his constitutional powers, and a steady, unchanging system of administration. If elected for a short term, he might act with a view to popularity and a re-election, rather than the general good. If elected for a very long period, or during good behavior; as some proposed, the measures of his administration, though ever so unwise or pernicious, could not be effectually arrested, till they had worked great injury. The medium of four years was adopted, as being

§ 452. In what officer is the executive power vested? § 45? Why is this power vested in a single person? 454. What different opinions prevailed in the convention respecting the duration of the office?

calculated to prevent the evils and secure the benefits, as far as possible, of both a short and a long term.

$455. The presidential term of office commences on the fourth day of March next after the election. It was on this day of the year 1789, that the government under the constitution went into effect; and it is, consequently, the day on which every new house of representatives and one third of the senate commence their official term.

§ 456. "Each state shall appoint, in such manner as the "legislature thereof may direct, a number of electors, equal "to the whole number of senators and representatives to "which the state may be entitled in the congress; but no "senator or representative, or person holding an office of "trust or profit under the United States, shall be appointed an elector."-Art. 2, sec. 1, cl. 2.

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§ 457. The objects to be secured by the election of a presi. dent by a small number of electors, were various. It was thought that a small number of men, selected by their fellow. citizens, would be more competent to make a choice of a person possessing the necessary qualifications for so important an office. It was supposed also that less tumult and disorder would attend the election of chief magistrate in the manner provided, than by an election by the people at large. Though the mode of choosing the president through an intermediate body of electors may be liable to as few objec tions as any other mode, yet it is at least questionable wheth er either of the above mentioned advantages have, in prac. tice, been realized. The candidates for presidential electors being selected for their known preference of the very individual for whom the people themselves would vote if the election were made by them immediately, it is probable that the election of electors is attended with as much heat and tumult, as the election of the president by the direct vote of the people would be.

§458. The manner of appointing electors in the different states is not uniform. In some of the states, the electors are appointed by the legislature. In others, they are chosen by

§ 455. When does the term commence? § 456. How are electors of president chosen? § 457. For what reasons was the mode of election by a small number of electors adopted? § 458. How are electors ap

the people in districts. By this mode, a number of electors, equal to the number of members of the house of representatives to which a state is entitled in congress, are chosen by the people in the several congressional districts, as their representatives are elected. These electors, so chosen, then meet and appoint the two remaining electors, corresponding to the two senators to which the state is entitled in congress. Another, and the most common mode, is by general ticket. The names of all the electors to be chosen, are placed on a single ballot; and all the electors are voted for throughout the state.

§ 459. "The electors shall meet in their respective states, "and vote by ballot for two persons, of whom one at least "shall not be an inhabitant of the same state with them"selves. And they shall make a list of all the persons voted "for, and of the number of votes for each; which list they "shall sign and certify, and transmit sealed to the seat of "the government of the United States, directed to the presi "dent of the senate. The president of the senate shall, in "the presence of the senate and house of representatives, open all the certificates, and the votes shall then be count. "ed. The person having the greatest number of votes shall "be the president, if such number be a majority of the whole "number of electors appointed; and if there be more than "one who have such majority, and have an equal number of "votes, then the house of representatives shall immediately "choose by ballot one of them for president; and if no per

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son have a majority, then from the five highest on the list "the said house shall in like manner choose the president. "But in choosing the president, the votes shall be taken by states, the representation from each state having one vote: "a quorum for this purpose shall consist of a member or "members from two thirds of the states, and a majority of "all the states shall be necessary to a choice. In every

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case, after the choice of the president, the person having "the greatest number of votes of the electors, shall be the "vice president. But if there should remain two or more "who have equal votes, the senate shall choose from them, "by ballot, the vice president."—Art. 2, sec. 1, cl. 3.

pointed in the several states? § 459. Describe the manner in which

§ 460. The mode of election prescribed by the above clause, being deemed objectionable, an amendment to it was proposed at the first session of the eighth congress and subsequently adopted and ratified by the states.

ment is as follows:

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The amend.

§ 461. "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; they shall name in their ballots the person voted for as president, and in distinct ballots the per66 son voted for as vice president: and they shall make dis"tinct lists of all persons voted for as president, and of all persons voted for as vice president, and of the number of "votes for each, which lists they shall sign and certify, and "transmit sealed to the seat of the government of the United "States, directed to the president of the senate. The presi"dent of the senate shall, in the presence of the senate and "house of representatives, open all the certificates, and the "votes shall then be counted: the person having the great"est number of votes for president, shall be the president, "if such number be a majority of the whole number of elec"tors appointed; and if no person have such majority, then "from the persons having the highest numbers, not exceed"ing three, on the list of those voted for as president, the "house of representatives shall choose immediately, by bal"lot, the president. But in choosing the president, the votes "shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist "of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. "And if the house of representatives shall not choose a presi"dent whenever the right of choice shall devolve upon "them, before the fourth day of March next following, then "the vice president shall act as president, as in the case of "the death or other constitutional disability of the president. "The person having the greatest number of votes as vice president, shall be the vice president, if such number be a majority of the whole number of electors appointed; and

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the president and vice president were at first elected? § 460. When was a new mode of election proposed and adopted? § 461. Describe

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