CHAPTER IV.

FORM OF GOVERNMENT ADOPTED. Its nature and character. By whom originated. Assimilation of the rules and practices of the Congress to those of the British Houses of Parliament. Powers of the supreme legislature. Chief officers of Government: their necessary qualifications for office. Mode of appointment. Supreme Court of Judicature. Judges. Extent of jurisdiction. Judicial establishment.

The particular form of Government in the United States, as is well known, is a federative republic, or representative democ racy, designated in the constitution of the general Government, which was framed in Philadelphia after the successful termination of the war of independence, by the title of "The Congress of the United States."

The constitution was drawn up by a convention of thirteen delegates, one from each State,-assembled first at Philadelphia, the ancient capital; but principally by a committee composed of Jefferson, Adams, Franklin, Roger Sherman, and Livingston, and was finally accepted by Congress, and ratified by the people. Or, more particularly, the declaration whereby the thirteen provinces and colonies of North America withdrew their allegiance from George III., and proclaimed themselves to be free and independent States, was agreed to by their representatives, and published on the 4th of July, 1776. Jefferson and Adams were the sub-committee appointed to prepare it, and Jefferson was its author.*

* Dr. Fishback, of Lexington, says, "The following circumstances, which occurred in the State of Virginia, related to Thomas Jefferson, and were detailed to me by Elder Andrew Tribble, about six years ago. He died when ninety-two or three years old. Andrew Tribble was the pastor of a small Baptist church, which held its monthly meetings at a short distance from Jefferson's house, eight. or ten years before the American Revolution. Mr. Jefferson attended the meetings of the church for several months in succession, and, after one of them, asked Elder Tribble to go home and dine with him, with which he complied. Mr. Tribble asked Mr. Jefferson how he was pleased with their church government. Mr. Jefferson replied that it had struck him with great force, and had interested him much; that be considered it the only form of pure democracy that then existed in the world, and had concluded that it would be the best plan of government for the American colonies. To what extent this practical exhibition of

The articles of the constitution were presented by General Washington to Congress for their approval on the 17th of September, 1787. The constitution was formally inaugurated at New York in 1789, when Washington was chosen president, and John Adams vice-president, and this was the first Congress that was elected under the new constitution.

One of the clauses in the preamble of the constitution is to the following effect. "We, the people of the United States, in order to form a more perfect union, establish justice, ensure 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." Thus nobly did her first illustrious statesmen consolidate the rights so hardly gained into a permanent institution, and transmit it as a rich and glorious heritage to unborn generations.*

The Government is called a federative republic, because it is formed by the federation or union of all the States, and thus, like the Republics of ancient Greece, consists of a number of lesser Republics united in one great Commonwealth; with this difference, that the Republic of America possesses that in which those of the ancients were deficient a central organ, invested with a specific general control.

Like the constitution of England, which was closely though not servilely followed, it provides for three branches of the Government; but it differs from that of Great Britain, as its three branches are elective, as it recognises a widely diffused suffrage, and excludes the aristocratic element; that of Great Britain being partly founded upon the old system of corporations, and partly on that of a general national representation, thus to a considerable degree excluding the popular element. In England, Government is supreme. It can alter, amend, enlarge, or abridge the constitution as circumstances may seem to require. In the United States, Congress has no such authority. It has a certain delegated power it can neither extend nor restrict; any

religious liberty and equality operated on Mr. Jefferson's mind, in forming bis views and principles of religious and civil freedom, which were afterwards so ably exhibited, I will not say.”—Winks's History of the Baptists. [The declaration of independence was drawn out by Jefferson, but the constitution is supposed to have been framed by Madison.]

* The basis of Republicanism, however, was established in Massachusets, as will hereafter be seen, fifty years before by the Pilgrim Fathers.

such change must be submitted to the people at large in the separate States. It becomes, therefore, a matter of little or no importance what are the religious principles of the administrators of the Government. The Government of the United States secures to the people the grand principles of freedom, liberty of conscience in matters of religion, liberty of the press, trial by jury, and the right of choosing and being chosen to office.

Democracy is here a palpable existence in full operation,—an active principle, demonstrating man's capability to govern himself, and to determine between right and wrong in all political, as well as civil and religious affairs.

The meetings of the legislature are held in the Capitol, at Washington.

The Congress consists of a President, a Vice-President, a Senate, and a House of Representatives. The Senate is elected by the State legislatures; the Representatives are chosen directly by the people. In addition to the legislative and executive powers, is the judicial. The first-named makes the laws, the third expounds, and the second executes them; each constituting a distinct and independent branch. The President is the supreme executive officer, in accordance with the articles of the constitution, which also defines his qualifications and powers, and which are scarcely less ample than those of an English sovereign. He is elected for four years, eligible to reëlection at the expiration of that term, and in succession to his incapacity or death; although no instance has occurred in which the same President has been elected for more than two periods in succession.

On entering office, the President takes an oath to protect, preserve, and defend the constitution. He is Commander-inChief of the regular army, of the militia, and of the navy, and is alone invested with the supreme prerogative of mercy. He has the power of negociating treaties, though not of ratifying them until sanctioned by a majority of two-thirds of the Senate. He nominates all officers, civil and military; but the assent of the Senate is necessary to the validity of the appointments. He receives foreign ambassadors, and in almost every respect acts like, and possesses similar powers to those of a constitutional sovereign of Europe, only in a greater degree under the influence of the popular will, and with more of responsibility. The President is assisted in the discharge of his duties by a cabinet council, consisting of a Secretary of State, a Secretary of the

Treasury, and one for each of the principal naval and military departments, as also by a Postmaster and Attorney General.* The legislative powers conferred by the constitution are vested in the Congress.

The Senate is composed of two members from each State, presided over, ex officio, by the Vice-President; and as there are now thirty-two States, this branch of the legislature consists of sixty-four representatives. They are elected for a term of six years, one-third of the number retiring by rotation every second year. It will be seen that there is a considerable analogy between the legislative principles and machinery of the two constitutions, as also a close resemblance between the two Houses, in the functions of office. Acting, indeed, with the consent of the State, the articles of the American constitution give to the Senate, in a few comprehensive phrases, nearly all the legislative powers enjoyed by the King, Lords, and Commons of Great Britain.

The qualifications of a senator are, that he be thirty years of age, that he has been a citizen during a term of nine years, and that he be a resident in the State for which he is returned.

In addition to its legislative functions, the Senate is recognised as a branch of the executive. In this capacity it is invested with the privilege of ratifying or annulling the official appointments of the President. Nor is a treaty with any foreign power valid until sanctioned by a majority of two-thirds of the Senate.

The House of Representatives is chosen every second year. Their numbers are not, as with the Senate, in proportion to the States, but to the population; this proportion not exceeding one for every 70,000 or 80,000 of the constituents; and thus every member of the House, numbering now 234,† has from 60,000 to 100,000 constituents.

There are, besides, delegates to the Lower House from the several organized territories. At present there are seven of such delegates, one each from Oregon, Minnesota, Utah, New Mexico, Washington, Kansas, and Nebraska. These, however, though they have a recognised right to speak on any question, are not privileged to vote.

* Captain M'Kinnon's Transatlantic Sketches.

+ The Illustrated News, in March, 1850, stated the number of representatives to be 223.

No one is eligible to this assembly who is not twenty-five years of age, who is not resident in the State in which he is chosen, or who has not enjoyed the privilege of citizenship for seven years. No qualification in property is required in a candidate; and the right of suffrage is nearly universal.

The successful candidate for the office of President of the United States must be a natural born citizen of the States, and thirty-five years of age at the least. His election is carried on according to the following forms:-Each of the States appoints, in such a manner as its own legislature directs, 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 confidence under the United States, can be an elector. The electors meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State as themselves; they name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and lists of the names contained in the ballot are transmitted, sealed up, to the President of the Senate of the United States, who examines them in the presence of the Senate and House of Representatives. The person having the greatest number of votes is President, if such number be a majority of the whole number of electors; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives chooses immediately, by ballot, the President. But in choosing the President the votes are taken by States, the representation from each State having one vote; a quorum for this purpose consists of a member or members from twothirds of the States, and a majority of all the States is necessary to a choice. If the House of Representatives do not choose a President before a fixed day (the 4th of March ensuing the election), the Vice-President is to act as President, as in case of death or constitutional disability of the President.

The House of Representatives performs the duties allotted by the British constitution to the Commons House of Parliament, and has the right like it of originating bills for creating

revenue.

In order to the passing of laws, the Senate and the House of Representatives must agree. To the President is reserved an