Abbildungen der Seite
PDF
EPUB

387

CHAPTER VIII.-GOVERNMENT.

THE political association of the American people commenced at a very. early period. A long time before the revolutionary troubles, it was generally perceived and acknowledged that the true safety and prosperity of the colonies were to be found only in their union. In the year 1643, the colonies of Massachusetts, Plymouth, Connecticut, and New Haven, entered into a perpetual league, offensive and defensive, for mutual protection against the claims of their Dutch neighbors, and to resist apprehended aggression from the Indians. By their articles of confederation, the jurisdiction of each colony within its own borders was to be exclusive; in every war, each of the confederates was to furnish its quota of men and provisions, according to its population; and an annual congress of two commissioners from each colony was to be held, with power to decide on all matters of general interest. With some alterations, this confederacy existed more than forty years; and it was dissolved only in 1686, when the charters of the New England colonies were vacated by a commission from king James II.

In the year 1754, a congress of a very interesting character assembled at Albany. It was called at the instance of the lords commissioners for trade and the plantations, and consisted of delegates from the New England provinces, New York, Pennsylvania, and Maryland. The object of the meeting was to consider the best means of defending the colonies, in the case of a war with France. The lords commissioners had reference merely to forming friendly connections with the Indian tribes; but the colonies indulged more extensive views. This convention proposed a plan of union, for which, however, public sentiment was not yet ripe, and it met with the singular fortune of being rejected both by the crown and the people. Local jealousies and disputes in regard to boundaries, had at that time so excited the different colonies, that governor Pownal felt himself authorized to say, in his work on the Administration of the Colonies, that they had no one principle of association among them, and that their manner of settlement, diversity of charters, conflicting interests, and mutual rivalship and jealousies, would render an union impracticable. Happy for our people that the stone which they rejected has become the corner stone of our political temple; for the whole edifice must be crushed and crumbled, when profane hands shall be laid upon that which is its strength and foun dation!

Men could not, however, remain insensible of the great advantages that must inevitably result from a federate union. A common interest was destined to be made more apparent and pressing by a common danger and soon after the first unfriendly measures of the British government, a congress of delegates from nine colonies was assembled at New York in October, 1765. This step was adopted at the suggestion of Massachusetts, and was preparatory to a more extensive and general association of the colonies, which took place in September, 1774, and laid the foundation of per

manent independence. At this last period, the impending oppressions of Great Britain induced the colonies to unite in sending delegates to a congress at Philadelphia, with authority to consult together for the common welfare. The measures adopted by this assembly met with a prompt and general obedience, and the union thus auspiciously formed was continued by a succession of delegates in congress; it has continued through the struggles of a revolution, foreign war and domestic dissension.-Gou grant that it may be perpetual.

In May, 1775, a congress, with ample discretionary powers, assembled in Philadelphia. Georgia soon after acceded to the measures that had been adopted, and completed the confederacy of the thirteen colonies. In Massachusetts, hostilities had been already commenced, and the appeal to arms was now considered as the only resource. Congress prepared to support this measure, and, gradually assuming all the attributes of sovereignty, on the fourth day of July, 1776, declared the united colonies to be free and independent states. The consequences of this step belong more properly to another portion of this volume. In June, 1776, congress undertook to prepare articles of confederation; but it was not till November of the following year that they were able so far to unite discordant interests, as to adopt these articles. In passing through the states, they met with still stronger impediments, and it was not till three years after their first promulgation, that they received the unanimous approbation of the United States. This confederation proved imbecile and insignificant, and it was only by the assumption of power not granted by the fundamental charter of the union, that congress could rescue the country from the most humiliating consequences. A quorum of congress could with difficulty be assembled; the finances of the nation were annihilated; in 1784, the whole army amounted but to eighty men, and the states were urged to provide some of the militia to garrison the western posts. In short, to use the impressive and melancholy language of the Federalist, each state, yielding to the voice of immediate interest or convenience, successively withdrew its support from the confederation, till the frail and tottering edifice was ready to fall upon our heads, and to crush us beneath its ruins.'

[ocr errors]

The first effort to relieve the country from the miseries and dangers of the confederation originated in Virginia, in the proposition for a convention of delegates to regulate our foreign commerce. A partial representation of the states was in this manner collected at Annapolis, and the plan of a national convention was by this body strongly recommended to congress, for the purpose of devising a government that should be adequate to the exigencies of the nation. Congress adopted the suggestion, and immediately acted upon it; with the exception of Rhode Island, all the states acceded to the proposal of a general convention, and their delegates assembled at Philadelphia in May, 1787. This assembly united men of the most distinguished talents, high-minded integrity, and disinterested patriotism, and commanded the public regard and confidence in their fullest extent. After a tranquil deliberation of several months, the plan of government, which now forms the constitution of the United States, was adopted with unprecedented unanimity. Nearly a year elapsed before it received the assent of a sufficient number of states to give it a political existence; but on the fourth of March, 1789, the government was duly organized and set in motion. It was not till the year 1790, that the constitu

non had received the unanimous ratification of all the members of the original confederacy. The peaceable adoption of this government,' says chancellor Kent, under all the circumstances which attended it, presented the case of an effort of deliberation, combined with a spirit of amity and of mutual concession, which was without example. It must be a source of just pride, and of the most grateful recollection, to every American, who reflects seriously on the difficulty of the experiment, the manner in which it was conducted, the felicity of its issue, and the fate of similar trials in other nations of the earth.' The following is a copy of the constitution as adopted, with its subsequent amendments:

WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I.

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.

SEC. II. 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 legis

lature.

No person shall be a representative who shall not have attained to the age of twentyfive 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.

Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years, after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

The house of representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.

SEC. III. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have

one vote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature which shall then fill such vacancies.

No person shall be a senator who shall not have attained to the age of thirty years and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

The vice-president of the United States shall be president of the senate, but shall have no vote, unless they be equally divided.

The senate shall choose their other officers, and also a president pro tempore, in the

absence of the vice president, or when he shall exercise the office of president of he United States.

The senate shall have the sole power to try all impeachments: when sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.

SEC. IV. The times, places, and manner of holding elections for senators and repre sentatives, shall be prescribed in each state by the legislature thereof; but the congress may at any time by law make or alter such regulations, except as to places of choosing

senators.

The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

SEC. V. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide.

Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal.

Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

SEC. VI. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created. or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office.

SEC. VII. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills.

Every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the president of the United States: if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the congress, by their adjournment, prevent its return, in which case it shall not be a law Every order, resolution, or vote, to which the concurrence of the senate and house of representatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States; and before the same shall take effect, shail be approved by him, or, being disapproved by him, shall be repassed by two thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill.

SEC. VIII. The congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States: but all duties, imposts, and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries; To constitute tribunals inferior to the supreme court;

To define and punish piracies and felonies committed on the high seas, and offences against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions;

To provide for organizing, arming, and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress;

To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings; and

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or office thereof.

SEC. IX. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.

No bill of attainder or ex post facto law shall be passed.

No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

No tax or duty shall be laid on articles exported from any state.

No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to or from one state, be obliged to enter, clear, or pay duties in another.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

No title of nobility shall be granted by the United States: And no person holding any office of profit or trust under them, shall, without the consent of congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

of

SEC. X. No state shall enter into any treaty, alliance, or confederation; grant letters marque and reprisal; coin money; emit bills of credit; make any thing but gold

« ZurückWeiter »