prohibit to the states, and the people have not themselves retained. § 486. Without entering into details, we may briefly notice some of the most important powers possessed by the states. 1st. The Constitution of the United States, while directing that a representative body should be chosen, left the regulation of the elective franchise to the states; for it 'directs that the "electors" shall have the same qualifications as electors for the most numerous branch of the Legislatures. Each state then, in regulating the elective franchise for itself, also regulates that of the government of the Union, and may make it as enlarged or as restricted as it pleases. § 487. 2d. Another power possessed by the states,' is that of partaking in the formation of the national Senate. Though this would seem to place the existence of the Senate in the power of the states, yet such is not the fact; for the Constitution in another provision gives Congress the power to make and alter regulations as to times and manner of choosing senators; if, then, Congress make such regulations, and the states do not choose their senators at that time and in that mode, they will act unconstitutionally, and place themselves in the wrong. § 488. 3d. Another power possessed by the states,1is contained in the mode of choosing the President. The states appoint in such manner as the legislatures direct the electors; but in this case, as in that of senators, the power to act or not act is not left with the states. By another clause, Congress appoints the time of choosing electors, and the day of giving their votes. § 489. 4th. The next and greatest authority vested in the states, is the enactment of the whole body of local and municipal laws, and the enforcement of them by a 1 Art. 1, Sect. 2, United States Constitution. 2 Idem. Sect. 3. 8 Idem. Sect. 4. 4 Art 2, Sect. 2, Constitution United States, Idem. Sect. 4. proper organization of judicial courts. The Constitution of the United States has vested in the national government all the powers which are supreme and national,—and all the powers necessary and proper to carry these into effect; but among these enumerated powers, and among those necessary to carry them into effect, are not found any of the municipal and local laws, which concern the rights of person and property; hence these are among the powers of the states, and they constitute the large mass of objects upon which the local legislatures occupy themselves. This class of laws are those which most intimately concern the happiness and prosperity of the people. The citizen can well understand this when he reflects that an act of incorporation by the Legislature, or the location of a canal near his farm, may double his property, or a series of unwise enactments destroy the peace of society, or paralyze its industry, when the distant war, upon which the nation is engaged, is unfelt and scarcely known. § 490. The laws which result from the authority of state legislatures may be divided into four classes. 1st. Those which concern private property and rights: This is composed of the body of the Common Law, and such acts of the Legislature as either confirm, alter, or abrogate it, with such other enactments as add or substitute new provisions. Thus the Common Law directs that the lands of the ancestor shall descend to the heirs, in a certain order. The statute of the Legislature, that certain alterations shall take place in this mode of descent. The Common Law and the statutory alteration then constitute the law of descent, and to regulate and alter it is one of the powers of the states. § 491. 2d. Another class of laws, upon which the state legislatures act, and which occupies much of their time, are those relating to corporate and public bodies; for example, laws incorporating turnpike, bridge, and stock companies,-chartering cities, banks, and charitable and literary institutions. § 492. 3d. A third class of subjects upon which the legislatures of the states act, is public property, public works, and public institutions; of this sort are public buildings, lands, &c., state canals, rail-roads, and improvements, the provision for common schools, benevolent institutions, and whatever else is of a public and general nature. § 493. 4th. Another subject of legislative action is the punishment of crimes. The mode of conviction, the nature of the crime, the mode of punishment, and the support of criminals, all come within the jurisdiction of the states, except those crimes committed against the United States, and those committed on the high seas. § 494. 5th. These several classes constitute the mass of the municipal and local legislation, with which the states are charged. But there are still other powers committed to their care. Of these, one of them is the power of officering the militia, and governing them when not called into service. Here it must be observed, however, that Congress, by the Constitution, have the power of organizing, arming, and disciplining the militia; and, when called into actual service, the President or the United States officers command them; hence, when Congress choose to exercise this power, the whole system of State Militia Laws will be abrogated. § 495. 6th. Another power vested in the states is their co-operation in the amendment of the Constitution. Three-fourths of the states must assent to every amend ment. § 496. Having considered the constitution of the state of New-York separately, and the general powers vested in all the states, it is only necessary farther to see in what respects, if any, the constitutions of the other states differ from that of New-York. § 497. In all the great divisions of the constitutions, the states all agree; Thus: 1. The government is in all of them expressly divided into the three divisions, Legislative, Executive, and Judicial. 2. The Legislative department is in all of them divided into two branches,-the Senate and the Assembly, except only Vermont,-in which, however, there is an executive council, occupying a middle station between the executive and the legislative. 3. The executive is in every state the same, viz. a governor. In some states, as in Vermont, New-Hampshire, and Maryland, the executive power is divided between the governor and a council. In these cases, the council share with him chiefly in the appointing power; but in every state the chief magistrate is the governor. 4. The states all agree in the leading feature of the judiciary; they all have a Supreme Court, with inferior courts of Common Law, from which lies an appeal to the Supreme Court. In respect to Chancery, Probate, and Criminal Courts, they differ. § 498. In considering the differences between the state constitutions,-the first and greatest is in respect to the right of suffrage. Here, we have before observed, the states have a controlling influence over the national representatives; for, by restricting the qualifications of electors, they may make the Congress entirely aristocratic. Such, however, is not the tendency of our institutions; all the amendments in the state constitutions, made since the Revolution, have enlarged the right of suffrage, so that, in most of the states, it is substantially universal. Still there are great differences in this respect between some of the old and the new constitutions. § 499, 1. In the State of New-Hampshire, the right of suffrage is vested in "every male inhabitant of 21 years of age, except paupers, and persons excused from paying taxes by their own request." This is the nearest universal suffrage granted by any state in the Union. In fact, it is so to all whites of age. In Maine, the right of suffrage is the same, except the addition of three months' residence. 3. In Illinois, the qualification is six months' residence in the state. In Tennessee, six months' residence in any county. 4. In the states of Indiana, Vermont, and North Carolina, the qualification is a year's residence in the state, except that in Vermont it is required the voter should be of quiet and peaceable behavior; and in North-Carolina, a higher qualification is required for the Senate. 5. Georgia, Alabama, and Missouri require one year's residence in the state, and three months within the county. 6. In Rhode Island, the charter gives the right of suffrage simply to the freemen. 7. In Connecticut, the qualification is six months' residence, and militia duty, or exemption from it, or a state tax and moral character. 8. New-Jersey,—one year's residence and state tax. 9. Maryland, Massachusetts, New-York, and Missis sippi require one year's residence in the state, and six months within the county or town. In Massachusetts, it is also required to have paid a tax, or been exempt by law. 10. Ohio and Louisiana require one year's residence and a tax; in Louisiana the tax must have been paid within six months. 11. Pennsylvania, Delaware, and South-Carolina require two years' residence and a state tax. 12. Kentucky requires a residence within the state of two years, and within the county of one. 13. Virginia requires, 1st, a freehold of the value of |