26, Surveyor-general in Washington, Courts of Tennessee, 864. Collection districts, 313, 649. Examiner at San Francisco, 385. Public printing, 797. Courts of Delaware, 224. District courts of Virginia, 896. Pre-emption rights, 477. Courts of Tennessee, 864. Court of claims, 199-200. Clerks of territorial courts, 138. Compensation of members of congress, 168-9. District courts of Texas, 873-4. Foreign coin, 156. Mint, 631. Pay of the army, 88. March 2, Collection districts, 300. 3, Appraisement of goods imported, 371. Circuit court of Missouri, 648. Collection districts, 33, 291. Courts of Minnesota, 627. Crimes, 211-12, 215. District court of Missouri, 618-9. Independent treasury, 889-90. Indian agents, 427. Land districts, 458, 577, 908. Military storekeepers, 67. Pay of cadets, 88. Post office, 772. Revenue cutters, 815. Salaries, 51, 448, 818, 819, 820. Tariff of duties, 351-4. Treasury department, 880. THE CONSTITUTION OF THE UNITED STATES OF AMERICA.(4) WE, THE PEOPLE OF THE UNITED STATES, (b) in order to form a more perfect union, te. establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity,(c) 1 ordain and establish this Constitution for the United States of America.(d) ARTICLE I. power. SECT. I. All legislative powers herein granted, shall be vested in a congress of the Legislativo United States, which shall consist of a senate and house of representatives.(e) SECT. II. 1. The house of representatives shall be composed of members chosen every House of repre second year by the people of the several states:(g) and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. sentatives. members. 2. No person shall be a representative who shall not have attained to the age of Qualification of twenty-five years, and been seven years a citizen of the United States, (h) and who shall not, when elected, be an inhabitant (i) of that state in which he shall be chosen.(k) and direct taxes. 3. Representatives and direct taxes (7) shall be apportioned among the several states (m) Apportionment which may be included within this union, according to their respective numbers; which representatives shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the Census. first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives Number of repre shall not exceed one for every thirty thousand, but each state shall have at least one sentatives. representative; and until such enumeration shall be made, the state of New Hampshire (a) This constitution went into operation on the first Wednesday in March 1789. Owings v. Speed. 5 Wh. 420. (b) The constitution was ordained and established, not by the states in their sovereign capacities, but emphatically, as the preamble declares, by " the people of the United States." Martin r. Hunter's Lessee, 1 Wh. 324. Banks v. Greenleaf, 6 Call, 277. It required not the affirmance, and could not be negatived by the state governments. When adopted it was of complete obligation, and bound the state sovereignties. McCulloch v. Maryland, 4 Wh. 494. Chisholm v. Georgia, 2 Dall. 471. Cohens e. Virginia, 6 Wh. 414. It is not, however, to be inferred from the language of the judges of the supreme court, in these cases, that the preambie to the constitution points to the majority of the whole people of the United States. in their aggregate collective capacity, as the original depository of this power; the true doctrine would seem to be, that the constitution was adopted by the people of the several states which had been previously confederated under the name of the United States. acting through the delegates by whom they were respectively represented in the convention which formed the constitution. Baldwin's Constitutional Views. 29-42. And see Worcester r. Georgia, 6 Pet. 569, where it is said by McLean. J.. to have been formed by a combined power, exerrised by the people, through their delegates, limited in their sanctions to the respective states.” (c) The preamble to the constitution is constantly referred to, by statesmen and jurists, to aid them in the exposition of its provisions. See Chisholm r. Georgia, 2 Dall. 475. Brown v. Maryland, 12 Wh. 455-6. 1 Story Const. ch. 6. (d) The United States is a government, and consequently, a body politic and corporate, capable of attaining the objects for which it was created, by the means which are necessary for their attainment. United States v. Maurice, 2 Brock. 109. Through the instrumentality of the proper department to which those powers are confided, it may enter into contracts not prohibited by law, and appropriate to the just exercise of those powers. United States v. Tingey. 5 Pet. 128. As a corporation, it has captcity to sue, by its corporate title. Dixon e. United States, 1 Brock. 177. Dugan v. United States, 3 Wh. 181. It may compromise a suit, and receive real and other property in discharge of the debt in trust, and sell the same. United States v. Lane's Administrators. 3 McLean, 365. Neilson v. Lagow, 12 How. 107-8. (e) See 1 Story Const. ch. 7-8. (g) See Latimer v. Patton, Cl. & Hall, 69. (h) See Ramsay v. Smith. Cl. & Hall, 23. (1) See Key's Case, Cl. & Hall, 224. An inhabitant of a state, is one who is "bona fide a member of the state, subject to all the requisitions of its laws, and entitled to all the privileges and advantages which they confer" Bailey's Case. Cl. & Hall, 411. A person residing in the district of Columbia, though in the employment of the general government, is not an inhabi tant of a state, so as to be eligible to a seat in congress. Ibid. But a citizen of the United States residing as a public ininister at a foreign court, does not lose his character of inhabitant of that state of which he is a citizen, so as to be disqualified for election to congress. Ibid. Forsyth's Case, Ibid. 497. (k) The constitution having fixed the qualifications of members, no additional qualifications can rightfully be required by the states. Barney v. McCreery, Cl. & Hall, 167. (1) A tax on carriages is not such a direct tax. Hylton v. United States, 3 Dall. 171. (m) This does not exclude the right to impose a direct tax on the district of Columbia, in proportion to the census directed to be taken by the constitution. Loughborough v. Blake, 5 Wh. 317. Art. 1. Sect. 2. shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.(a) Vacancies. Officers. 4. When vacancies happen in the representation from any state, the executive auth ➤ rity thereof shall issue writs of election to fill such vacancies.(b) 5. The house of representatives shall choose their speaker and other officers; and Impeachments. shall have the sole power of impeachment. Senate. Classification. Vacancies. Qualifications. President of the senate. Officers, and president pro lem. Trial of impeach ments. Judgment. SECT. III. 1. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, (c) for six years; and each senator shall have one vote. 2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year;(d) and if vacancies happen by resignation, (e) or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments(g) until the next meeting of the legislature, which shall then fill such vacancies. 3. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States,(h) and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. The vice president of the United States shall be president of the senate,(i) but shall have no vote, unless they be equally divided. 5. The senate shall choose their other officers, and also a president pro tempore, in the absence of the vice president, or when he shall exercise the office of president of the United States. 6. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.(k) 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law. Election of mem- SECT. IV. 1. The times, places and manner of holding elections for senators and rep bers of congress. resentatives, shall be prescribed in each state by the legislature thereof;(7) but the congress may at any time by law make or alter such regulations, except as to the places of choosing senators. To meet annually. Powers of each house. 2. The congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.(m) SECT. V. 1. Each house shall be the judge of the elections, returns and qualifications of its own members,(n) and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel (a) Under the seventh census, the states have the following representation in congress, viz.: Alabama 7 Mississippi 5 And the following territories of the United States each send one (c) Where the election is by a Joint convention of the two houses of the legislature. it is not necessary that there should be a concurrent majority of each house in favor of the candidate declared to be elected. Cameron's Case, United States Senate, 13 March 1857. The election, however, must be substantially by both houses, as distinct boilies; the mere fact that a majority of the joint body, or even of each boly, is present, does not constitute the aggregate body a legislature, unless the two bodies, acting separately, have voted to meet, and have actually met accordingly. Harlan's Case, United States Senate, 12 January 1857. 10 Law Rep. 1-6. (d) The senate is a permanent body; its existence is continued and perpetual. Cushing's Law of Legislative Assemblies, 19. (e) The seat of a senator is vacated by a resignation addressed to the executive of the state, notwithstanding he may have received no notice that his resignation has been accepted. Bledsoe's Case, Cl. & Hall, 869. (g) It is not competent for the executive of a state, during the recess of the legislature, to appoint a senator, to fill a vacancy which shall happen, but has not happened, at the time of the appointment. Lanman's Case, Cl. & Hall, 871. (h) See Gallatin's Case, CI. & Hall, 851. (i) See 1 Story Const. 2 739. (k) A judgment of impeachment in the English house of lords, requires that at least twelve of the members should concur in it. And a verdict by less than twelve would not be good." Com. Dig Parliament, L. 17. (1) Where the legislature of a state have failed to "prescribe the times, places and manner" of holding elections, as required by the constitution, the governor may, in case of a vacancy, in his writ of election, give notice of the time and place of election; but a reasonable time ought to be allowed for the promulgation of the notice. Hoge's Case, Cl. & Hall, 135. (m) The constitutional term of congress does not expire until 12 o'clock at noon on the 4th March. 11 Stat. App'x. ii. (n) The returns from the state authorities are prima facie evidence only of an election, and are not conclusive upon the house. Spaulding v. Mead. Cl. & Hall, 157. Reed v. Cosden, Ibid. 353. And the refusal of the executive of a state to grant a certificate of election, does not prejudice the right of one who may be enti tled to a seat. Richards's Case, Ibid. 95. |