government; and a resolution was adopted, declaring "that a national government ought to be established, consisting of a supreme judicial, legislative, and executive." And in reporting to congress the result of their labors, the framers say: "In all our deliberations we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our union, in which is involved our prosperity, felicity, safety, perhaps our national existence."

§ 182. The above resolution in favor of a national government was strenuously opposed by several members of the convention, who were unwilling that the sovereignty of the states should be given up. They insisted that the people expected only an amendment of the confederation, and not a new form of government. And some of them, having lost all hope of carrying their point, left the convention long before its close.

§ 183. The history of the formation and adoption of the constitution, corrects a very general misapprehension respecting the origin and application of the term "federal." Those were called federalists, who, in the convention, op. posed the constitution, and were in favor of the then existing confederation of independent sovereignties; and the advocates of the constitution were, by way of contradistinction, called anti-federalists. But soon after, while the proposed constitution was before the people for their consideration, those who were in favor of its adoption, took the name of federalists, and bestowed upon the other party the name of anti-federalists, thereby intimating that the opposers of the constitution were opposed to any union of the states.

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of the consequences of this change of the names of parties, has been the misapplication of the word federal to the present national government; whereas the term, "federal government," was originally applied to the confederation.

§ 184. It will be seen, however, upon examination, that the government is not entirely national in its character, but that it still retains some of its original federative features. The act of establishing the constitution was in one respect

there that the present is a national union? § 183. To whom was the Lerm "federal" formerly applied? § 184. What federal features are

a federal act: it was adopted and ratified by the people, not as individuals composing an entire nation, but as composing the distinct states to which they respectively belonged. The federal principle is observed too in the manner in which the senate is constituted. (§ 216.) The same principles will be found in sundry other provisions of the constitution.

Having shown the nature of the union of the states under the present constitution, the objects of this union enumerated in the preamble will next be considered.

§ 185. The first object of framing the constitution, was "to form a more perfect union." It had been the general opinion of the people, that their safety and prosperity required that they should continue firmly united, for all general purposes, under one general government. But when the adoption of the constitution was depending, there were those who opposed the contemplated union, and advocated a division of the states into three or four distinct confederacies, or independent sovereignties. The pens of the ablest statesmen and the purest patriots of that day, were drawn forth in defence of the union, showing its utility to the political prosperity of the people; the insufficiency of the confederation to preserve that union; and the adaptation of the proposed government to the end in view. The good sense of the people prevailed; the new form of government was adopted ; and we their "posterity" enjoy the blessings of this "more perfect union."

§ 186. The next object of the union is "to establish justice." Provision had been made by the states to protect the rights of their own citizens. But without some provision in the general government, there could be no certainty that justice would be impartially administered to the citizens of other states. Laws had been made in some states, giving unjust preferences to their own citizens. Provision has accordingly been made in the constitution to place the citizens of all the states on the same footing. (§ 534, 535.)

§ 187. A national government was necessary also to settle controversies between states, between citizens of different

retained in the constitution? § 185. What sentiment, opposed to the union, prevailed when the constitution was depending? § 186, 187. What particular evils were to be remedied in the object" to establish

states, and between a state or its citizens, and foreign states or citizens. Private debts were paid in paper money almost worthless; and foreigners were either denied payment, or put to great inconvenience in recovering their dues. Provision for the payment of the public debt had not been made; nor had the government then existing the power or means of doing so. To restore public and private credit, by enabling debtors to discharge their contracts in a sound currency, a change in the government, like that which the constitution contemplated, became necessary.

§ 188. "To ensure domestic tranquillity," is another object of the constitution. In a state of disunion, dissensions would be likely to arise between the states or confederacies, which might result in violent contests with each other. Disputes had frequently arisen between states, and were settled with difficulty. From similar causes, future controversies were to be apprehended, which could be settled only by a national government.

§ 189. The union under the constitution also furnishes a safeguard against domestic factions and insurrections. A faction is a number of persons, whether a majority or minority of the whole, who unite in opposing the rights of other persons, or the interests of the community. And while men, in a free country, pursue different interests, the causes of faction will exist; and they cannot be removed without destroying liberty itself. So long as a faction consists of less than a majority, its purposes cannot be carried into effect: but if it should embrace a majority of the citizens of a state, it would have the power of oppressing the minority by unjust laws; and, to maintain itself in power, it might go so far as to change the form of government. The confederated power of the states in a national government, can prevent or suppress factions. If an insurrection, (a forcible opposition to the execution of law,) should break out in any of the states, it may be quelled by the general government.

§ 190. The next object expressed in the preamble, is, "to provide for the common defence." Divided into separate

justice?" § 188. What was contemplated in the object "to ensure domestic tranquillity?" § 189. What effect has the union against factions and insurrections? What are they? § 190. What reason is

independent states, or united into any number of confederacies, how could each protect itself against the encroachments of the others; or resist the attacks of foreign nations? A military force of the same strength would be necessary to defend a small state or confederacy as a large one; and the expense of maintaining a body of troops sufficient for its protection, would be intolerably burdensome to the citizens of a single state or small confederacy.

§ 191. Another object is, "to promote the general welfare." It is easy to perceive that this could not, or at least would not be done by the states. Each state, seeking the welfare of its own citizens, would adopt measures which would operate injuriously upon the citizens of other states. Nor is it probable that all the states would unite in plans for promoting the common welfare. These can be carried into effect by a common power having the necessary jurisdiction.

§ 192. The last object mentioned in the preamble, is, "to secure the blessings of liberty to ourselves and our posterity." The liberties of the American people had been achieved by a severe struggle, and at a great expense; and the authors of our invaluable constitution, knew well how to appreciate the blessings of civil and religious freedom. It had become apparent that these blessings could not be long enjoyed under the government then existing. With the hope of securing and perpetuating them, the constitution was formed; and the experience of half a century has shown how remarkably it is adapted to answer the ends of its formation.

CHAPTER IV.

Legislative Department.-House of Representatives.

§ 193. "ALL legislative powers herein granted, shall be "vested in a congress of the United States, which shall con

there in favor of union for the common defence? § 191. Why would not the general welfare be promoted without union? § 192. What is the last general object expressed in the preamble ?

§ 193. Wherein is the legislative power of the union vested? § 194

"sist of a senate and house of representatives."-Constitu tion, article 1, section 1.

§ 194. The propriety of dividing the legislature into two branches, has been shown. (§67.) It is obvious, that the passage of improper laws will often be prevented by the check which one branch has upon the other. Some of the state legislatures, as well as congress under the confedera. tion, consisted of single bodies; and their proceedings in many instances had proved the necessity of the division of the legislative power, in order to prevent the evil conse quences of hasty legislation.

§ 195. "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 legislature.”—Article 1, section 2, clause 1.

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§ 196. Under the confederation, the delegates from each state to the congress, were appointed by the state legislature. The people, however, prior to the adoption of the constitution, enjoyed the right of electing their representatives in the legislatures of their respective states. And as it is an essential principle of republican institutions, that representatives be immediately dependent on the people, with whom they have a common interest, the privilege of electing the popular branch of the national legislature was secured to them by the constitution.

§197. The qualifications of the electors in the different states were so various, that any uniform rule which the convention might have established, would have been dissatisfactory to some of the states. The mode adopted must be satisfactory to every state, because it is conformable to the standard which it has established for itself.

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§198. Representatives are chosen for two years. short term of office is best calculated to ensure obedience, on the part of a representative, to the will of those whom

Why is a legislature divided? § 195. How is the house composed? What are the qualifications of the electors? § 196. How were delegates to congress elected under the confederation? § 197. Why are not qualifications of electors uniform in all the states? § 198. What