particular states "requested," to make or support certain propositions. But surely the opinion is erroneous. A senator is no more bound to obey the instructions of the state legislature, in opposition to his own judgment, than a representative of the people in the other house, is bound by the occasional instructions of his constituents. They are both elected for the purpose of freely and honestly exercising their own judgments according to the best of their capacities.

The moment they take their seats, they commence the task of legislating for the Union, including the state from which they are delegated, whose peculiar interests and desires, it may often be necessary to postpone to the general benefit. On the contrary, the state contemplates and urges its own interests; its inhabitants or the electoral sections of its inhabitants, in like manner, consider and pursue theirs, and it is perfectly proper that they should be represented to and directly pressed upon, the persons so delegated. But the powers and the duties of those delegates are essentially altered if such requests are converted into binding instructions. In respect to senators, the impropriety of the measure seems peculiarly striking. If one state possesses a right to direct the votes of its senators, every other state must have the same right, and if every state were to exercise such right, no portion of the legislative power would really reside in the senate, but would be held by the states; thus relapsing into the principles of the old confederation, or falling into something worse.

The appointment of a senator is for six consecutive years, but if a vacancy happens, an appointment is made by the executive of the state, for the proportion of the term of service which remains. Under the direction of the Constitution, the senators were at their first meeting divided into three classes: the seats of those of the first class to be vacated at the end of two years, of the second class at the end of four, and of the third at the end of six years; the reason of which was, that the

senate should always continue a permanent body. The house of representatives, at the expiration of two years is at an end: a new house, though it may consist of the same members, then succeeds; but the public service requires, for many purposes, that there should always be a senate. In executing the directions of the Constitution, it was so arranged, that two senators from the same state, should not go out at the same time.

The senate at first sat with closed doors, but it was afterwards conceived to be more conformable to the genius of a free country, that the deliberations of both the legislative bodies should be openly conducted, with the exception, however, of its consideration of treaties and appointments to offices on the President's nomination.

On these points, their deliberations would be very improperly exposed to public notice; the national interest is better promoted by waiting for the result.

A majority of the senate constitutes a quorum; that is, a majority of the members of the senate, not a majority of the states. The power of legislation might therefore be suspended by the wilful absence of a majority; but what effect this would have on the government, in other respects, will hereafter be considered.

In respect to the single function of legislation, a deep and serious discussion might be had on a point which has not yet occured, and it is fervently hoped may never arise in this country. If the legislatures of a majority of the states were to omit or refuse to appoint senators, the question would be, whether the majority of those who were actually in office, excluding from the computation the number to which the non-appointing states were entitled, would be sufficient, within the spirit of the constitution, to uphold the legislative power. It is sufficient to state, without presuming to decide the question.

CHAPTER IV.

OF THE HOUSE OF REPRESENTATIVES.

THE house of representatives was founded on the principle of the representation of the people; yet not purely and abstractedly, but with as much conformity to it as was practicable.

It is composed of representatives of the people of the several states, not of the people at large; and in this respect there is still something of a federative quality. If the whole had been thrown into one mass, it would certainly have been more consistent with a full representation of the entire people, but many would have been the objections to it. It would have been desirable that the qualifications of the electors should be uniform, but considerable variety of opinion and practice in this respect exists. In some states, the system of universal suffrage prevails; in others a freehold or other estate is required of more or less value. Residence for a longer or shorter time is requisite in different states, and when the constitution was framed, different qualifications were required in two of the states for electors of the different branches of the legislative body. The people of each state were naturally attached to their own institutions, and would unwillingly have surrendered them in favour of others. Indeed, if the qualification of property had been required, the people of those states wherein

meaning from its known intention and its entire text, and to give effect, if possible, to every part of it, consistently with the unity, and the harmony of the whole.

In many respects we have the benefit of the learned elucidations of judicial tribunals, and wherever the supreme court of the United States has pronounced its solemn decision upon constitutional points, the author has gladly availed himself of this irrefragable authority; but where a guide so certain, cannot be found, recourse can only be had, to an anxious and serious endeavour to display and expound, with truth and justice, the main features of a constitution, which must always be more admired, as it is more considered, and better understood. If these examinations produce the same effect upon the reader, that they have upon the author, the attachment to it, of our native citizens, and its attractions to foreigners will be increased; and those who are now here, and those who may hereafter be here, will concur to venerate and support a government, eminent above all others in promoting the freedom and the happiness of man.

CHAPTER II.

OF THE LEGISLATIVE POWER.

THE course proposed to be pursued, is first, to consider the legislative power as it resides in the senate and house of representatives; to what extent the president participates in general legislation, and his power in conjunction with the senate relative to making treaties, with the operation and effect of treaties; we shall then proceed to those powers of general legislation which are implied by the Constitution, or expressly enumerated, and conclude this head with a view of the restraints under which both the United States and the states severally, are constitutionally placed.

The legislative power is vested in the congress of the United States, consisting of the senate and house of representatives. The first paragraph evinces that it is a limited government. The term "all legislative powers herein granted," remind both the congress and the people, of the existence of some limitation. The introduction displays the general objects. The Constitution itself enumerates some of the powers of congress, and excludes others which might perhaps fall