the great principles of Magna Charta; the reservation of powers 264. 245-275. the United States of 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 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. 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, 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. sovereignty, and complete supremacy in the exercise of all governmental 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 Ñ. Y. 485, 486; Newell v. the People, 3 Seld. 93; Gibous 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. Absolute What was intended? 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. Why a Is this wise? Of what is the house of tives? 49. 15. CONGRESS.-An assembly of persons; an assembly of envoys, commissioners. or deputies. An assembly of representatives 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 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. Why by the people of the several States? What people? 16. The House simply means the popular branch. By THE PEOPLE is meant the wise principle of direct representation and responsibility. (The Federalist, Nos. 40-52; 1 Wilson's Law 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 subpeople? 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, S$ 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. qualifications? There 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. 2. The National Constitution could not well fix a rule as to voters for Congress without also extending it to all elections. 3. Any 167. 28, 233. What are absolute abuse of the rights of electors, such as transferring the choice to other magistrates, or to a particular 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 twentyone years of age. tions as now defined by the States? Alabama? Arkansas? California? Connecticut? Delaware? Florida? Georgiu ? Illinois ? 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. 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.-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.-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 election; two years' residence in the State and one year in the county. Constitution of 7th Nov., 1865. Id. 149. 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. INDIANA.-White male citizens of the United States; six months Indiana? residence; if of foreign birth, one year's residence in the United States and six months in this State; and shall have declared his intention to become a citizen of the United States, conformably to the laws on the subject of naturalization. No soldier, seaman, or marine of the United States, or of their allies, shall be deemed to have acquired a residence in the State in consequence of having been within the same; nor shall any such soldier, seaman, or marine have the right to vote. No negro or mulatto shall have the right to vote. Const. of 10th Feb., 1865. Id. 171. IOWA.-White male citizens of the United States; six months Iowa? residence in the State and sixty days in the county. Persons in the military, naval, or marine service of the United States; idiots, insane, or convicted of infamous crimes excluded. Const. of the 5th March, 1857. Id. 184. KANSAS.-Citizens of the United States; or persons of foreign Kansas? birth who shall have declared their intentions to become citizens, conformably to the laws of the United States on the subject of naturalization; six months residence in the State, and thirty days in the township. No person under guardianship, non compos mentis, or insane, or any person convicted of treason or felony, unless restored to civil rights, nor any soldier, seaman, or marine shall be allowed to vote. Const. of 29th July, 1859. Id. 202. KENTUCKY.-Free white male citizens; residence two years in Kentucky? the State, or one year in the county, town, or city in which he offers to vote, and sixty days in the precinct. Const. of 11th June, 1850. Id. 210. LOUISIANA.-White male citizens of the United States; residence Louisiana? in the State twelve months, and three months in the parish. Const. of Sept., 1854. Id. 227. MAINE.-Male citizens of the United States, excepting pau- Maine? pers, persons under guardianship, and Indians not taxed; established residence three months. Persons in the military, naval, or marine service of the United States or this State, and students not deemed to have acquired residence. Const. of 29th Oct., 1819. Id. 240. MARYLAND. White male citizens of the United States; resi- Maryland? dence one year in the State and six months in the county. Const. of 1867 (and so of 1864). Id. 250. MASSACHUSETTS.-Male citizens (excepting persons or paupers Massachuunder guardianship); residence in the State one year; in the town setts ? or district six months; having paid all required taxes. Const. of 1780, as amended. Id. 294. Amendment, Art. XX. No person shall have the right to vote, or be eligible to office, under this Commonwealth, who shall not be able to read the Constitution in the English language and write his name; Provided, however, that the provisions of this amendment shall not apply to any person prevented by physical disability from complying with its requisi |