being over, they did not continue to act in harmony. Laws were enacted in some states, giving their own citizens undue advantages over the citizens of other states; and soon the good feeling which had existed was interrupted; and in a few years the jealousies and disputes between the states became such as threatened to break up the union.

§ 14. It was now evident that to keep the states united in time of peace with foreign nations, there must be a different government; a government possessing more extensive powers, which could in all needful cases control the action of the state governments. Having been thereto requested, congress called a convention to revise and amend the articles of confederation. All the states, Rhode Island excepted, chose delegates, who met at Philadelphia in May, 1787. Although it seems to have been generally intended only to alter the articles of confederation, it was proposed to the convention to form a new government, different both in its form, and in respect to its powers. This proposition was agreed to by a majority of the convention, and after a long and arduous session which closed in September, the present constitution was adopted by the convention.

§ 15. On examining the constitution, we see that it differs also in its nature from the former government. This appears from the manner in which it was formed and adopted. The articles of confederation were framed by congress, the members of which were appointed by the state legislatures; and when so framed, they were sent to the state legislatures, to be approved by them before they could go into effect. The adoption of these articles was therefore the act of the legislatures of the states, and not the act of the people of the states; and the confederation was a union of states, rather than a union of the people of the states.

§ 16. The constitution, on the other hand, was framed by men appointed expressly for that purpose, and submitted for approval, not to the state legislatures, but to the people of the states, and adopted by state conventions whose members were chosen for that purpose by the people. Hence, the constitution is virtually the act of the people; and the union is not a mere confederation of states, but as the preamble de

clares, "a more perfect union," formed by "THE PEOPLE OF THE UNITED STATES."

EXERCISES.

§ 1. How is the power of the people in their political capacity exercised; and in what acts? How is the civil power of the state divided?

§ 2. Is a person a citizen only of the state in which he resides? To what other government does he sustain the relation of citizen?

§ 3. Under what instrument are the people of the several states incorporated into one general government? What is the general plan of this government?

§ 4. What was the political condition of the colonies before the revolution?

What

§ 5. Where and when did the first great congress meet to devise measures for the defence of the country? was done at subsequent meetings?

§ 6. Did the people of the states become united in government by any measures then adopted?

§ 7. What plan of union was agreed on by congress in 1777? When was it finally adopted by the states?

§ 8. What was the nature of the union under the confederation? Of what powers was it destitute?

9. In what manner did that congress decide questions? 10, 11. In what, mainly, did the weakness and inefficiency of that system consist?

§ 12. What general cause induced obedience on the part of the states to the requirements of congress?

§ 13. In what did the inefficiency of this government appear after the war?

§ 14. What measure was taken to alter the government? When did the convention begin and end its session?

§ 15, 16. State the difference between the constitution and confederation in the manner of their formation and adoption. Also the difference in the nature of the unions under the two systems respectively.

CHAPTER XLV.

Of the Legislative Department.

§ 1. THE legislature, called congress, is composed of two branches, a senate and a house of representatives. The senate consists of two members from each state, chosen by the legislature, for six years. This body is constituted upon the same principles, nearly, as the old congress, in which all the states were entitled to an equal representation, and the members of which were also chosen by the legislatures.

§ 2. A senator must be thirty years of age; and he must have been nine years a citizen of the United States, and must be an inhabitant of the state for which he is chosen

§ 3. The house of representatives is constituted upon the same principle as the house of representatives in most of the states. As the members of that branch of a state legislature are apportioned among the counties (in the New England states the towns) according to the number of inhabitants in each, so is a state entitled to a representation in the house of representatives of the United States in proportion to its population. Representatives are elected for two years, by the people of the states.

§ 4. The constitution does not limit either house to any definite number of members. Whenever a new state is added to the union, two members are added to the senate, and one or more to the house of representatives.

§ 5. The number of representatives may change, while the number of states remains the same. After the taking of a new census, which is done every ten years, congress determines what number of inhabitants shall be entitled to a representative for the next ten years; which number, the constitution declares, shall not be less than 30,000.

§ 6. But a representative for every 30,000 inhabitants, as the population increases, would make the house too large. At this rate there would be, at present, more than 500 representatives. This number would be too great. It would be a needless expense to pay so many men to make laws,

when a smaller number can do the business as well, and with greater dispatch. Hence congress, after the census of 1840, fixed the number of inhabitants as the ratio of representation from each state, at 70,680. After the first census taken under the constitution, 1790, the ratio was fixed at 33,000, and the number of representatives was 106. A new apportionment has been made after every enumeration, and the ratio altered. After 1840, it was fixed at 47,700, and the number of representatives was 240. The number at present, (1848,) is 230.

§ 7. Representatives are chosen thus: Each state is divided, by the legislature, into as many districts, called congressional districts, as it has representatives to elect; and the people of each such district choose one representative. Representatives to congress are in most states, it is believed, chosen at the time of the general state election, every two

years.

§ 8. In the southern states, a large portion of the people are slaves. In ascertaining the number of representatives for the slaveholding states, only three-fifths of the slaves are counted. It was contended by some of the delegates in the convention that framed the constitution, that the people of the slave states ought not to be represented for their slaves, because their slaves were property, and no property in the free states entitled its owners to representation. After much debate, it was at length agreed that every five slaves should be counted as three free citizens.

§ 9. Hence it appears, that the slaveholding states have, according to this rule of representation, a great advantage over the other states in respect to their power in the government; the number of their representatives being much greater in proportion to their free population, and there being no good reason for taking into account their slaves, who have no interest at all in the government.

§ 10. The extent of this advantage may be judged of by the following examples given by way of illustration. Suppose a state to contain 600,000 free white persons, and 500,000 slaves. Three-fifths of the number of slaves is 300,000; which number added to the number of f ee person, makes 900,000. From which it appears, that the state sup

posed would have just three representatives for every two that it would have if it contained the 600,000 free persons and no slaves

§ 11. But the non-slaveholding states expected in return an equivalent for this advantage given to the slave states. Turn to the constitution, article 1, section 2, and it will be seen, that direct taxes, as well as representatives, are to be apportioned according to the enumeration of slaves. To show the effect of this provision, let us suppose it necessary for congress to levy a direct tax upon the people of the states, and that there are two states in the Union, the one containing a population like that of the state supposed in the last preceding section, and the other the 600,000 free persons and no slaves. Now as in apportioning representatives the former would have three for every two of the latter; so also in apportioning to each state its quota of taxes, the slave state would be required to raise three dollars for every two to be raised by the free state.

§ 12. But this expected advantage has not been realized by the non-slaveholding states, as direct taxes for defraying the expenses of the general government are not necessary. The treasury of the United States has for many years been amply supplied by duties on goods imported; and congress has found it necessary to exercise its power of direct taxation only two or thee times since the adoption of the constitution.

§ 13. A representative must be twenty-five years of age, and must have been seven years a citizen of the United States. Aliens, or foreigners, therefore, cannot be elected until seven years after they have been naturalized.

§ 14. The manner of organizing the houses, and of passing bills, as will be seen from the first article of the constitution, is similar to that which is practised by the state legislatures.

§ 15. Members of congress receive for their services, eight dollars a day. The speaker of the house of representatives, and the president of the senate pro tempore, when the vicepresident is absent, receive sixteen dollars a day. Members of congress also receive a day's compensation for every twenty miles travel to and from the seat of government.