THE GOVERNMENT UNDER THE CONSTITUTION.

TIME OF RATIFICATION BY THE ORIGINAL STATES.

After copies of the Constitution had been sent to the State Legislatures, more than a year elapsed, before the requisite number of States had ratified it.

On the 4th of March 1789, the NATIONAL CONSTITUTION went into effect, and became the organic law of the land. The first Congress thereafter, met in the city of New York, and a quorum was formed on the 6th of April, 1789.

The three most important powers of a government are1st. That of making laws, or the Legislative power. 2nd. That of executing them, or the Executive power. 3rd. That of interpreting the laws, and applying them to individual cases, or the Judicial power. The first is vested in Congress, the second is vested in the President, and the third is vested in one Supreme Court, and such other courts as Congress may establish. The government therefore is divided into three independent branches, to wit-the Legislative-the Executive, and the Judiciary.

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GOVERNMENT UNDER THE CONSTITUTION.

After the organization of the new goverment, the first matters brought before Congress were those pertaining to the financial affairs of the country, and forming a system of revenues, and also the business of organizing the different branches.

There were three departments arranged for the executive, to wit, The Treasury, The War, and of Foreign Affairs, the heads of which were to be styled Secretaries, and were to constitute a Cabinet Council.

A national Judiciary was also established, consisting of a Supreme Court of the United States, having one Chief Justice and five Associate Justices. District Courts were also established, and each State was made a district, and also three Circuit Courts-the States being formed into three circuits. The question as to amendments to the Constitution was then brought forward, and also the Bills of Rights proposed by Virginia and New York. Twelve amendments were agreed to by Congress, but only ten of them subsequently ratified by the States.

[These ten amendments were ratified by the constitutional number of States on the 15th of December 1791. Another the Eleventh was proposed on the 5th of March 1794, and ratified on the 8th of January 1798. The Twelfth was proposed in December 1803, and ratified on the 25th of Septembea 1804. The Thirteenth was ratified in 1865, the Fourteenth in 1868, and the Fifteenth in 1870, all now being a part of the National Constitution.]

THE EXECUTIVE BRANCH OF THE GOVERNMENT.

THE PRESIDENT.

The executive power is vested in a President of the United States of America. He must be a natural born citizen, a resident of the United States for fourteen years, and of the age of thirty-five years or upwards. He holds his office during the the term of four years, and may be re-elected for a second term.

He is the Commander-in-Chief of the army and navy, and with the consent of the Senate, appoints all cabinet, judicial and executive officers; has power to grant pardons and reprieves for offences against the United States, and it is his duty to see that the laws are faithfully executed.

The Vice-President is elected at the same time, in the same manner, and for the same term as the President, and must have the same qualifications. In case of the death or disability of the President, the duties of the office devolve upon the Vice-President during the term. In case of the death or disability of the Vice-President, the president of the Senate, pro tempore takes his place.

PRESIDENTIAL ELECTORS.

The present mode of election of the President and VicePresident of the United States, is not, by the the direct vote of the people, but through the machinery of an "Electoral College." Each State has as many Electors, as it has Senators and Representatives in Congress, who must be chosen within thirty-four days preceding the first Wednesday of December of the year in which an election of President and Vice-President takes place.

By an Act of Congress, approved January 23rd, 1845, the uniform time for holding elections for Electors in all the States of the Union, was fixed for the Tuesday next after the first Monday, in the month of November of the year in which

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PRESIDENTIAL ELECTORS.

they are to be appointed. Each State may also by law provide for the filling of any vacancy or vacancies which may occur in its College of Electors, when such College meets to give its clectoral vote, and if any State having held an election for the purpose of choosing electors, should fail to make a choice on the day appointed, then the Electors may be appointed on a subsequent day, in such manner as the State shall by law provide

The Electors must meet at the capitol of their respective States, on the first Wednesday of December, and vote by distinct ballots for President and Vice-President, one of whom shall not be an inhabitant of the same State with themselves.

Having made lists of the number of votes cast and for whom given, they must sign, certify, seal up, and transmit them by a special messenger to the President of the Senate, at Washington. These are opened by the President of the Senate, and the votes are counted in the presence of the Senate and House of Representatives, who have convened on a day fixed for that purpose.

The person having the greatest number of votes for President is duly elected, if such a number be a majority of the whole number of electors appointed. If no person has such a majority, then from the persons having the highest number, not exceeding three, in the list of those voted for, the House of Representatives shall choose immediately, and by ballot, the President. In case they neglect to do this before the 4th of March following, then the Vice-President shall act as President, as he would in case of the death or other constitutional disability of the President.

PRESIDENTIAL ELECTORS-HOW APPOINTED

After each decennial enumeration, the aggregate representative population of the United States is ascertained by the Secretary of the Interior.

This was formerly done by adding to the whole number of free persons in all the States, including those bound to service for a term of years, excluding the Indians not taxed, and threefifths of all other persons. As the Members os the House of Representatives were limited by Act of May 23d, 1850, to 233,

this aggregate representative population was divided by that number, and the quotient, rejecting fractions, if any, was the ratio of apportionment for the several States.

The loss by fractions was made up by assigning to as many States, having the largest fractions, as may be necessary to make the whole number of Representatives 233, one additional Member each, for its fraction. When new States were admitted, Representatives were assigned to such States on the above basis, in addition to the number limited, till the next census. Thus under the census of 1860 the ratio was found to be 126,823.

By a subsequent Act in March 1862, this ratio was changed, and the number of Representatives after March 1863 was increased from 233 to 241, and subsequently increased by addition of new States and an additional Representative to some of the States to 243.

Now add to this 243, (the number of Representatives,) 72, (the number of Senators,) and we have the number of Presidential Electors of 1868, provided the Electoral College had been full, and all the States (37) had been represented; but as Virginia, Mississippi, and Texas had no vote, only 34 States were represented.