the number of free white inhabitants in each, and their number is not to exceed one third, or be less than one fourth, of the number of representatives. These districts are to be formed by the legislature, at stated periods. The judicial department is to be constituted as follows: The state is to be divided into three districts, in which three judges of a high court of errors and appeals are to be chosen by the people, for the term of six years. In the first instance, however, the seat of one judge is to be vacated in two years, that of a second in four, and that of the third in six, so that there may be a new election in each of the districts, at the expiration of every two years. Their jurisdiction is described to be such as properly belongs to a court of errors and appeals. A circuit court is to be established, consisting of judges to be elected in districts, into which the state is to be divided for the purpose, and each of which is to comprehend not more than twelve, nor less than three counties. Among the other provisions of this instrument, is the following: That no loan shall be raised on the credit of the state, nor the public faith pledged for the redemption of any debt, unless the bill for that purpose, after passing the legislature, shall be published, for three months successively, in three news papers, and shall be passed a second time by the next succeeding legislature.

LOUISIANA. The constitution of this state was formed in 1812. The legislative power is vested in a senate and house of representatives, both together styled The General Assembly of the State of Louisiana. The representatives are elected for two years. Their number cannot be less than twenty-five, nor more than fifty; and they are apportioned according to the number of electors, as ascertained by enumeration every four years. Members of the senate are elected for four years; one half being chosen every two years, at the time of the election of the representatives. The state is divided into sixteen senatorial districts, in each of which one senator is chosen. Executive power is vested in a governor, who is elected for the term of four years. The people give their votes for a governor at the time and place of voting for representatives and senators; and on the second day of the succeeding session of the general assembly, the two houses, by a joint ballot, elect for governor one of the two candidates who have the greatest number of votes. Right of suffrage is possessed by every white male citizen of the United States, of the age of twenty-one years, who has resided in the county in which he offers to vote one year next preceding the election, and who, in the last six months prior to said election, has paid a state tax. Judiciary power is vested in a supreme court, which possesses appellate jurisdiction only, and such inferior courts as the legislature may establish. The judges are appointed by the governor, with the advice and consent of the senate, and hold their offices during good behavior.

TENNESSEE. The constitution of this state was formed at Knoxville, in 1796. Legis. lative authority is vested in a general assembly, consisting of a senate and house of representatives; and the members of both houses are elected biennially, on the first Thursday and Friday in August. The number of representatives is sixty, who are apportioned among the different counties, according to the number of taxable inhabitants. The number of senators cannot be less than one third, nor more than one half, of the number of representatives. The executive power is vested in a governor, who is elected at the same time with the senators and representatives, and who holds his office for the term of two years, but is not eligible more than six years in any term of eight. The right of suffrage is granted to every freeman of the age of twenty-one years, possessing a freehold in the county where he offers his vote, and to every freeman who has been an inhabitant of any one county in the state, six months immediately preceding the day of election. Judiciary power is vested in such superior and inferior courts, as the legis lature may from time to time direct and establish. The judges are appointed by a joint ballot of both houses, and hold their offices during good behavior.

KENTUCKY. On the separation of Kentucky from Virginia, in 1790, a constitution was adopted, which continued in force till 1799, when a new one was formed instead of it; and this is now in force. The legislative power is vested in a senate and house of representatives, which, together, are styled The General Assembly of the Commonwealth of Kentucky. The representatives are elected annually, and are apportioned, every four years, among the different counties, according to the number of electors. The senators are elected for four years, one quarter of them being chosen annually. The executive power is vested in a governor, who is elected for four years, and is ineligible for the succeeding seven years after the expiration of his term of office. At the election of

governor, a lieutenant governor is also chosen, who is speaker of the senate, and on whom the duties of the governor devolve, in case of his absence or removal. The constitution grants the right of suffrage to every free male citizen (people of color excepted) who has attained the age of twenty-one years, and has resided in the state two years, or in the county where he offers his vote one year next preceding the election. Judiciary · power is vested in a supreme court, styled the court of appeals, and in such inferior courts as the general assembly may, from time to time, erect and establish. Judges of the different courts, and justices of the peace, hold their offices during good behavior.

OHIO. The constitution of this state was formed at Chillicothe, in 1802. The legis lative power is vested in a senate and house of representatives, which, together, are styled The General Assembly of the State of Ohio. The representatives are elected annu ally, on the second Tuesday in October; and they are apportioned among the counties according to the number of white male inhabitants above twenty-one years of age. Their number cannot be less than thirty-six, nor more than seventy-two. The senators are chosen biennially, and are apportioned according to the number of white male inhabitants of twenty-one years of age. Their number cannot be less than one third, nor more than one half of the number of representatives. The executive power is vested in a governor, who is elected by the people for two years. Right of suffrage is granted to all white male inhabitants above the age of twenty-one years, who have resided in the state one year next preceding the election, and who have paid, or are charged with a state or county tax. Judicial power is vested in a supreme court, in courts of common pleas for each county, and such other courts as the legislature may from time to time establish. The judges are elected by a joint ballot of both houses of the general assembly, for the term of seven years.

The num

INDIANA. Executive power is vested in a governor, who is elected by the people for a term of three years, and may be once re-elected. At every election of governor, a Lieutenant governor is also chosen, who is president of the senate, and on whom, in case of the death, resignation, or removal of the governor, the powers and duties of governor devolve. The legislative authority is vested in a general assembly, consisting of a se nate, the members of which are elected for three years, and a house of representatives, elected annually. The number of representatives can never be less than thirty-six, nor more than one hundred; and they are apportioned among the several counties, according to the number of white male inhabitants above twenty-one years of age. ber of senators, who are apportioned in like manner, cannot be less than one third, nor more than one half of the number of representatives The representatives, and one third of the members of the senate, are elected annually, on the first Monday in August and the governor is chosen on the same day, every third year. Right of suffrage is granted to all male citizens of the age of twenty-one years or upwards, who may have resided in the state one year immediately preceding an election. Judiciary power is vested in one supreme court, in circuit courts, and in such other inferior courts as the general assembly may establish. The supreme court consists of three judges; and each of the circuit courts consists of a president and two associate judges. Judges are all appointed for the term of seven years. Judges of the supreme court are appointed by the governor, with the consent of the senate; presidents of the circuit courts, by the legislature; and associate judges are elected by the people.

ILLINOIS. The legislative authority is vested in a general assembly, consisting of a senate, the members of which are elected for four years; and of a house of representatives, elected biennially. 'The number of representatives shall not be less than twentyseven, nor more than thirty-six, until the number of inhabitants within the state shall amount to one hundred thousand; and the number of senators shall never be less than one third, nor more than one half of the number of representatives.' Executive power is vested in a governor, who is elected by the people for four years; and he is not eligi ble for more than four years in any term of eight years. At the election of governor, a lieutenant governor is also chosen, who is speaker of the senate; and on whom, in case the governor vacates his office, the duties of governor devolve. Representatives, and one half of the senators, are elected biennially, on the first Monday in August; and the governor is chosen every fourth year, at the same time. All white male inhabitants, above the age of twenty-one years, having resided in the state six months next preceding an election, have the rights of electors. The judicial power is vested in a supreme

court, and in such inferior courts as the general assembly may establish. The judges are appointed by a joint ballot of both branches of the general assembly, and hold their offices during good behavior.

MISSOURI. The constitution of this state was formed at St. Louis, in 1820. Legisla tive power is vested in a general assembly, consisting of a senate and house of repre sentatives. Representatives are chosen every second year. Every county is entitled to at least one representative; but the whole number can never exceed one hundred. The senators are elected for four years; the seats of one half being vacated every second year. The constitutional number is not less than fourteen, nor more than thirty-three. They are chosen by districts, and are apportioned according to the number of free white inhabitants. Executive power is vested in a governor, who is elected for four years, on the first Monday in August; and he is ineligible for the next four years after the expi. ration of his term of service. At the time of the election of governor, a lieutenant governor is also chosen, who is, by virtue of his office, president of the senate. Right of suffrage is granted to every white male citizen who has attained the age of twenty. one years, and has resided in the state one year before an election, the last three months thereof being in the county or district in which he offers his vote. Judicial power is vested in a supreme court, in a chancellor, circuit courts, and such other inferior tribu nals as the general assembly may, from time to time, establish. Judges are appointed by the governor, by and with the advice and consent of the senate; and they hold their cffices during good behavior, but not beyond the age of sixty-five years.

MICHIGAN. The Constitution of this State was formed in 1835. The legislative power is vested in a senate and house of representatives; the number of representatives is never less than forty-eight, nor can it exceed one hundred; and the senate is to equal one third of the house, as nearly as may be. The representatives are to be chosen annually on the first Monday of November, and the day following; on the same days, once in two years, the senators are elected. The State is divided, at each new apportionment, into not less than four, nor more than eight senatorial districts. The legislature commences its session on the first Monday of January. The executive power is vested in a governor and lieutenant governor, who are chosen directly by the people once in every two years. The lieutenant governor is president of the senate, and in the absence of the governor performs the duties of his office. The judicial power is vested in a supreme court, and such other courts as the legislature may establish. The judges of the supreme court hold their office for seven years. They are appointed by the governor, by and with the advice and consent of the senate.

The right of suffrage is possessed by all white male citizens over twenty-one years of age, who have resided in the state six months preceding any election in the townships where they reside. Slavery and involuntary servitude are forbidden in the state, except for crime.

ARKANSAS. Every free white male citizen of the United States, who shall have been a citizen of the State for six months, shall be deemed a qualified elector. Members of the house of representatives are to be elected for two years, and of the senate for four years. The general assembly meets every two years. All general elections are to be viva voce. The senate can never consist of less than seventeen, nor more than thirty-three members. The house of representatives shall consist of not less than fifty-four, nor more than one hundred. The governor is to hold his office for four years, but shall not be eligible for more than eight years in any period of twelve years. The judicial power is vested in a supreme court, circuit courts, and in justices of the peace. The supreme court consists of three judges. Its jurisdiction is appellate. The official terms of the judges of the supreme court is eight years of the judges of the circuit court, four years. They are chosen by the general assembly. Justices of the peace are elected for two years, by the people.

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CHAPTER IX-CONVENTION.

In the chapter preceding, a brief account has been given of the progress of Government among the people of the United States, from those early leagues, or compacts, which being passed by the colonists, served to bind. them together in the honds of a good degree of peace and amity, down to the formation of that constitution, which, now, for more than half a century has been the basis of our civil and political prosperity. But in relation to this last great change in the general government of the country, further statements are necessary. There are certain historical facts, in relation to the Convention which framed the Constitution, which every work of a similar character to the present should record, and which should be treasured up in the recollection of every free-born American.

Not a few of the men who composed this august assembly had borne a conspicuous part in the Revolutionary struggle, which achieved our independence. They had perilled life and fortune, in the great cause of freedom, and although that object had been won, they perceived that something further was necessary, or the toils and hardships, the sacrifice of life and fortune, during a seven years' war had all been in vain. The enemies of the revolution had predicted that a separation from the mother country would be followed by anarchy and confusion. It was confidently affirmed, that the Americans would be found incapable of self-government. So, for a time, it indeed seemed likely to prove. The confederation, it was apparent, was inadequate to the wants of the people. It embraced provisions which rendered the administration of government under it nearly impossible; and yet no amendments might be made to it, without the assent of every state in the Union. Experience had shown that no relief could be expected from this quarter.

The first measure which led to the Convention of 1787, was adopted by Virginia, in a proposition of her Legislature in January, 1786, for a convention of delegates to regulate our foreign commerce. In a letter to General Washington in March, 1786, Mr. Jay observed, "Experience has pointed out errors in our national government, which call for correction, and which threaten to blast the fruit we expected from our tree of liberty. The convention proposed by Virgina, may do some good, and would, perhaps, do more, if it comprehended more objects. An opinion begins to prevail, that a general convention for revising the articles of confederation, would be expedient. Whether the people are yet ripe for such a measure, or whether the system proposed to be obtained by it, is only to be expected from calamity and commotion, is difficult to ascertain."

In a second letter to the same person in June, his views and feelings are thus expressed: "Our affairs seem to lead to some crisis, some revolution, something that, I cannot foresee or conjecture. I am uneasy and apprehensive, more so than during the war. Then we had a fixed object, and though the means and time of obtaining it, were often problematical, yet I did firmly believe, that justice was with us. The case is now altered. We are going and doing wrong, and, therefore, I look forward to

evils and calamities, but without being able to guess at the instrument, nature or measure of them."

"Your statements," said General Washington, in reply to these communications, "that our affairs are drawing rapidly to a crisis, accord with my own. What the event will be, is also beyond my foresight. We have errors to correct; we have, probably, had too good an opinion of human nature, in forming our confederation. Experience has taught us, that men will not adopt and carry into execution measures the best calcu lated for their own good, without the intervention of coercive power. do not conceive we can exist long as a nation, without lodging somewhere, a power, which will pervade the whole Union, in as energetic a manner as the authority of the state governments extends over the several states."

I

Similar views were expressed by many of the distinguished men of the nation. An opinion prevailed among all classes that some measures were essential to the salvation of the country; but as yet no one saw distinctly what those measures should be, or what, amid the prevalent jealousies of so many different states, could be adopted.

The above proposal of Virginia met with so much favor, that delegates, or commissioners, were appointed by Virginia, Delaware, Pennsylvania, New Jersey and New York. These convened at Annapolis, in September of 1786. Delegates were also appointed by New Hampshire, Massachusetts, Rhode Island, and North Carolina, but did not attend. In consequence of such a partial representation of the states, the commissioners deemed it inexpedient to proceed in the important business which had called them together. But it was still more than ever apparent, that a general convention was essential, and must be effected. They therefore drew up a report and an address to the states, in which, after stating the defects of the federal government, and that the situation of the United States "was delicate and critical, calling for an exertion of the virtue and wisdom of the confederacy," they recommended to all the states, to concur "in the appointment of commissioners, to meet at Philadelphia, on the second Monday in May, 1787, to take into consideration the situation of the United States, to devise such further provisions as should appear to them necessary, to render the constitution of the federal government adequate to the exigences of the Union. This address was also sent to congress, as well as to the several states."

Virginia first appointed delegates, according to the recommendation of the meeting at Annapolis. The general assembly of that state, which commenced their session in October, 1786, selected seven of their most distinguished citizens, to meet delegates from the other states, at Philadelphia, in May following, and "to join with them, in devising and discussing all such alterations and further provisions, as may be necessary to render the federal constitution adequate to the exigences of the Union." Other states soon after followed the example of Virginia. In February, 1787, the subject claimed the attention of congress, and they passed the following resolution:

"Whereas there is provision, in the articles of confederation and perpetual union, for making alterations therein, by the assent of a congress of the United States, and of the legislatures of the several states; and whereas experience hath evinced, that there are defects in the present con