disposed toward it otherwise, that fearful of further stripping of the States of rights, an amendment was promptly demanded-and promptly adopted by the first Congress-that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." (Article X of the Amendments.) It is quoted here in full in order at this time clearly to impress this important feature of the whole plan: The Constitution by express terms grants enumerated powers to the National Government, and denies others; it denies by express terms certain powers to the State governments, and reserves to them (thereby, in effect, granting) all those powers not delegated to the National Government nor denied to the States.

Most of the terms limiting the powers of the States have been considered in the discussion of preceding Clauses. Bills of credit are defined by the Supreme Court as "paper issued by the sovereign power containing a pledge of its faith and designed to circulate as money."

Inspection laws are of many kinds, designed to exclude from a State persons afflicted with contagious diseases, infected live stock or meat, fruit or fruit trees, to maintain a standard of excellence in milk, oil, wine, and many other articles of food and drink. Such laws may be expensive to administer, and States may lay and collect fees on the articles inspected, even on imported articles, but only for the purpose of meeting the cost of inspection.

A duty of tonnage is an ancient form of tax levied on ships and computed by the ship's carrying capacity, its tonnage. States may, of course, tax ships as other property, according to their value.

Here we conclude our examination of the first Article with its ten Sections and fifty-one Clauses; enacting the Constitution, instituting Congress, apportioning representation, delegating and restricting powers to the Government and the States; laying the broad and firm foundation upon which the Convention with less difficulty completed their structure, working with more accustomed minds and greater facility, with less friction if with no greater unanimity of original views. The next question treated of, the Presidency, was voluminously discussed, but much of that discussion was incidental to matters determined in the first Article, and at no time was the debate on the Presidency so heated, nor did it cause such strain, as that involved in the great questions which we have seen disposed of by compromise.

Article II, Section 1, Clause 1.-The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected as follows:

2. Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

3. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the

United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner choose the President. But in choosing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall choose from them by Ballot the Vice President.

The questions involved in instituting the Presidency were: Of how many persons should it consist, length of term and how to elect. The seventh Randolph resolution provided that the Chief Executive should be chosen by Congress and be ineligible for a second term; the number of persons to constitute the office and the term were not provided for. Early in the Convention, on June 1st, Wilson moved that the chief executive powers should be vested in one person. Members were familiar with this plan, as it prevailed in the States, yet, says Madison, "a considerable pause ensuing, the Chair asked if he should put the question." At once it was seen that there was much un

certainty, and a member somewhat sharply called for a fearless expression of opinions.

Sherman thought but little of the importance of the office. "The executive magistracy," he said, would be "nothing more than an institution for carrying out the will of the Legislature. The person or persons should be appointed by the Legislature." Gerry favored annexing a council to the executive; Randolph "strenuously opposed a unity in the executive," as the seed of monarchy, and advocated an executive of three persons; Wilson favored an election by the people for three years and re-eligibility; C. Pinckney wanted a seven-years term; Mason approved that term, but would limit it by ineligibility as a preventive of "the effect of a false complaisance on the side of the Legislature toward unfit characters." Bedford favored three years and no second term, because "impeachment would reach misfeasance only, not incapacity."

By a vote, the term was made seven years. Then Wilson renewed his argument for the election by the people of the President and both branches of the Legislature in order "to make them as independent as possible of each other, as well as of the States." Mason asked to have this idea expressed in the form of a motion, which Wilson did the next day, presenting for the first time in the Convention the electoral college plan (Hamilton's plan, presented later, provided for a chief executive to be called Governor, to be elected by electors). Wilson's plan was that the States be divided into districts; that the persons qualified to vote in each district for the members of the House elect electors to meet in a body and elect 'a President who should not be one of themselves. The motion was put on this plan and negatived by ten

States, Pennsylvania and Maryland only voting aye. Then it was agreed to by a vote of eight to two that the Chief Magistrate should be elected by Congress for seven years, and this decision remained unchanged until it appeared in the draft for discussion on August 31st. In its then form it was provided that the President should have the title of "His Excellency." On the occasion mentioned, the provision was referred to the Committee of Eleven, a hard-working body consisting of a member from each State represented, which was doing much to close up the business of the Convention. That committee reported it on September 4th in a form which provided for the election of a President and Vice-President for four years by electors, the eventual choice, in case of no candidate having a majority of electoral votes, to go to the Senate, to choose from five having the greatest number of votes. In the debates which followed, and in preceding debates on the subject, there were expressed as many opinions as to the length of the President's term of office as there were States in the Confederation. These were, respectively, that the term should be 2, 3, 4, 6, 7, 8, 10, 11, 12, 15, 20 years, during good behavior, and life. Some idea of the volume of discussion on the manner of electing the President will be conveyed by mentioning a number, not all, of the various plans suggested. These were that each State should have one vote in his election; that he should be elected by Congress, by electors chosen by Governors of States, by electors chosen by the legislatures of the States, by electors chosen by the people (there were variations in this, the plan adopted), by electors chosen by States, by the House of Representatives, by joint ballot of Representatives and Senators, by State legislatures,