it required, in the North American colonies, almost two hundred years to realize a free, independent, stable government, among men who were comparatively free, at least in regard to the management of their municipal affairs, how doubtful must be such revolutions among people who, like the Spaniards or Italians, or even the Germans, have been for centuries subject to strong monarchical rulers!

The colonies had, as early as 1778, adopted the appellation, "UNITED STATES OF AMERICA." Still the present constitution, although framed by a convention composed of delegates chosen by the legislatures of the states, was ratified and adopted by the people hence the words, "We the people”—that is, the aggregate of families, forming society and nations. It makes, indeed, but little difference whether this act of the free, independent people is called a sovereign act or not. A nation, as such, is master of its destiny. There is no society without a certain rule or organization. Cannibals, also, obey their chiefs. The family state is the beginning of social organization, and requires it for the purposes of support and education. It is, within its domestic limits, as independent as a nation within her political boundaries.

That the people, by their votes, and not by the states, have adopted the constitution, is an important fact in regard to the validity of the covenant, because on this fact, not the state governments, not Congress, but only the people, have to decide. Mind that no single state can leave the Union without the permission of the whole people or nation.

The preamble expresses the main objects of the constitution. First, A MORE PERFECT UNION. This was, as we have seen, most desirable. The new state governments cleaved with the same obstinacy to the national business as the English government, from the fear that Congress might become too powerful; from which cause sprung up a separate party, the republicans, opposing the federalists. This fear is unfounded, if we concede to Congress but national political business. You must remember that the business managed by states or Congress is called political or public business, which I shall, in a separate letter, endeavor clearly to explain. This Union has now been, after much trouble and a bloody war, achieved, by adopting the present constitution, which gives to Congress the national business, leaving to the states the

municipal, and to society, or the people at large, the free, nonpolitical affairs to manage.

JUSTICE.

The declared aim of the constitution is, further, to ESTABLISH This is the supreme and ultimate object of all political organizations. St. Paul, as you know from his first letter to Timothy, had already said, "The law [or state] is not made for the righteous, but for the lawless," etc. This means: if men would always act right, there would be, of course, no need of states, Congress, courts, sheriffs, troops, jails, etc. But this not being the case, we have to organize society, in order to establish and realize justice, on account of the lawless, and thus INSURE DOMESTIC TRANQUILLITY and PROMOTE THE GENERAL WELFARE. On this account, Congress has also to take care for the COMMON Defence. It is a part and the consequence of the establishment of justice, and its execution, at home and with regard to foreign nations. If all this is well done, the BLESSINGS OF LIBERTY will most certainly be secured to ourselves and our posterity; while the reverse, as injustice and lawlessness, will sow the seeds of discord, civil commotions, general misery, and despotism. The blessings of liberty consist chiefly in being unsubject—that is, in full possession of the rights of self-government, so that man is not hindered in regard to his industrial pursuits, culture, and management of his public affairs. No organic law, that I am acquainted with, protects people in this regard better than our federal constitution. For such a rational liberty, however, very few men comparatively are yet prepared. The majority mistake liberty for licentiousness. The men who framed this constitution could hardly have introduced it by a better preamble. It shows best what a clear and practical conception they had of their task. They have erected a monument of their wisdom, which, although made for their time, and the actual wants of their society, composed of very heterogeneous elements (Americans, Indians, Europeans, and Africans), is, notwithstanding, a perfect pattern of an organic law for all states and nations, as we shall often have opportunity to notice. I promise you that you will admire it the more, the longer you live.

This brings me to the end of my second letter, which I close with the wish that it may give you a sharp appetite for the following.

LETTER III.

Congress. Works in three Channels.- Legislature. - Grants. - Republies. Monarchies. - Government preservative, not progressive. - Scarcity of Solons.-Senate and House of Representatives. - Two-Chamber System. Qualification of Members of the House of Representatives. — Voting and electing, a Right of Families. - Congress biennial. — Qualification, twenty-five Years of Age. -Negroes, their counting. - Number of Representatives. - Census. - Large Legislative Bodies. - Vacancies filled by the State Executive Action. - Speaker. - Impeachment. - Importance of the House of Representatives. - Ladies. - Decorum.

WE come now to the examination of the institution erected by the constitution. It works in three divisions, called the legislative, executive, and judiciary, which constitute the political institution called United States. A similar fabric is that of a state; also the subdivisions of states, viz., counties and towns or townships, work by these three channels. Properly speaking, the people, or the aggregate of families, form society, and neither the states nor the United States, which are separate institutions set up for the benefit of society. But it is in common use to call society after the names of the political divisions. You will, however, do well to distinguish society from these political institutions, because, if your mind is in the habit of doing so, you will readily distinguish social rights and affairs, from political, and be able to judge with precision on encroachments of governments—especially of the legislative branches on individual and social rights, to guard and protect which is the duty of the political institutions.

ARTICLE I.

Of the Legislature.

SECTION 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."

Mind, now, that every word of the constitution is law. This being the case, it was written by its authors with a care and clear

ness unsurpassed since by similar productions, which is one of the causes why it has required but little or any amending during eighty years. Legislative powers mean political business given in trust to a legislative body. In the word "granted" is the main difference between republics and monarchies. In the latter form of government the management of the public affairs is claimed by the princes as a property or crown right, coming directly from God. Still originally both kinds of governments have only the same business to do.

You will easily perceive that the debating on the laws by two distinct houses is calculated to prevent inconsiderate and hasty legislation, one of the greatest social calamities.

The federal government is not intended to be a progressive machinery, or to run a race with society, philosophers, and visionaries, but merely to conserve and protect the main object of all governments. The progressive element belongs to society and individuals, and never to state institutions, as many, especially Europeans, think; their office is to prevent confusion and embarrassments on the grand onward road of humanity. To frame for this purpose laws is exceedingly difficult. There have been a very few real Solons in the world. There are in our large nation not a hundred men fit for legislating. Two legislative chambers are considered sufficient to avoid errors in law-making-nothing to say here of the veto-power of the president. We have seen that the senate in the Congress of 1856, checked the passage of a clause in the army appropriation bill, repeatedly approved by the majority of the house, which was an open violation of the constitution, and which would have, if passed, annulled the army and impeded the execution of the laws in Kansas, and jeoparded the public peace there and the existence of the Union.

There are many men who pretend to be well informed, of the opinion that a constitution is something like a vane, and open to all kinds of interpretation,to suit people, just like the Bible; but you will not hesitate to consider this a mistake. The Bible is in itself no law, but a mere book, written and suitable for all moral purposes of life, while a constitution is an organizing law, made for a certain district and for certain special purposes, and therefore subject to a limited or circumscribed definite interpretation. It may be abused, like everything, the Bible included, but should not be arbitrarily

interpreted by authority; for there are certain rules established for logical interpretation. These a jurist should know.

SECTION II.

"1. 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 numerous branch of the state legislature."

Very properly the constitution does not introduce a separate form of voting, but leaves the states free to take care of this business. But it is desirable that the laws on voting should be in harmony with the rights of society. As society is composed of families, it is but just that to these only, as the constituents of society, belongs the right of voting and electing, or the suffrage right.

The constitution presupposes that common sense, honesty, and patriotism, found in all classes of society, may be considered by the voters as the principal qualifications of their lawmakers, and not property, professional requirements, or caste, as is the case in Europe. The future will show whether the liberal, humane spirit which pervades this document in this instance, and all others, is right or not. No doubt that the voting laws, as I remarked, and the salary of the legislators, the numbers of the members of legislatures, and party and faction spirit, have an immense influence upon the working of legislatures, and may defeat the best constitutions. It is therefore the duty of all good citizens to be vigilant and understand the constitution well to prevent its abuse. Our Congress is, as you see, biennial; the British Parliament is septennial. This long term favors aristocracy; the short term, democracy.

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

American society being partly a product of immigration, requires laws in regard to the political qualifications of immigrants. The seven years' citizenship belongs to this kind of legislation. Official absence of a citizen does not deprive him of his rights as a citizen of the state where he comes from.

"3. Representatives and direct taxes shall be apportioned among the