dividing or amalgamating States. But it cannot apply to places in rebellion; to people who have made themselves public enemies, and thereby lost all their rights under the Constitution; to places where there is no government organized under the Constitution, administered in subordination to it, and recognized as a State government by the United States. Such places and such people, within the jurisdiction of the United States, are subject to the government of the United States only, and without the power of making any other, without their consent. The Constitution of the United States is "adequate to all the exigencies of government;" and they may be governed by it, as other places and people having no State governments are governed by it, with their present divisions, or new ones, or none, at the election of the government. This is the position in which they have placed themselves, and they have nobody else to complain of.

§ 486. 10th, The fifth Article contains two restrictions on the power of amendment: "That no amendment which may be made prior to the year 1808 shall in any manner affect the first and fourth clauses in the 9th section of the first Article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate." The first has long since expired by its own limitation, and become obsolete; no practical question having ever been raised upon

it. The other is perpetual in its terms, and has hitherto proved effectual in its action. But its strictly legal operation has never been discussed or questioned. These are the only instances in which the Constitution has attempted to place any of its provisions beyond the power of amend

ment.

11th, "No religious test shall ever be required as a qualification for any office or public trust under the United States." This requires no remark, and the restrictions in the Amendments have been considered under that head.

CHAPTER XXVII.

THE EXECUTIVE.

487. BY Article II., "The executive power shall be vested in a President of the United States." This declares the essential and perfect unity of the executive department. Whatever shall be found to constitute "executive power" belongs to the President. "Shall be vested," in the language of the Constitution, means is vested. "All legislative powers,". "the executive power,”. . . and the judicial power,”. . . “shall be vested" respectively in their appropriate departments. Not that any other or further act is necessary to vest them, but they are hereby vested ipso facto. In this sentence, the nature of the power is no otherwise defined than by its name; but it is obvious from that only, that the "executive power" can be nothing but the executive power of the government, which must mean the power to execute the Constitution and all the laws made under it.

"The object of this department is the execution of the law."1

THE PRESIDENT.

§ 488. The President is to be chosen by electors, of whom each State is entitled to a number equal to the whole number of its Senators and Representatives, to be designated in such manner as the legislature thereof may direct. This has, in a few instances, been considered equivalent to an authority in the State legislature to appoint them themselves; and such an appointment has never been rejected as unconstitutional. But as Congress is expressly authorized to "determine the time of choosing the electors," a phrase almost exclusively appropriated to a popular election, "and the day on which they shall give their votes," the choice has generally been referred to the people; and this may now be considered to be the established custom, if not the constitutional requisition. The Constitution prescribes no qualifications for an elector, but that he shall not be a member of Congress, or hold any office under the government.

§ 489. The electors shall meet and vote by ballot, in their respective States, on the same day in every State; sign, certify, seal up, direct to the President of the Senate, and transmit to the seat of the government of the United States, a

11 Kent's Com., 253.

list of all the persons voted for as President, and the number of votes for each. 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. If any person have a majority of the whole number of electors appointed, he shall be the President for the term of four years from the fourth day of March then next. If no person have such majority, then from the persons, not exceeding three, having the highest numbers, the House of Representatives shall, by ballot, immediately choose the President; but the vote shall be taken by States, each State having one vote. A quorum for the purpose shall be one or more members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. If a President shall not be chosen before the fourth day of the next March, the Vice-President shall act as President, as in case of the death, or other constitutional disability, of the President.

§ 490. In the year 1865, when certain States were in rebellion against the government, not represented in Congress, and having no State governments regularly organized and administered in conformity to the Constitution of the United States, and in obedience to its laws, Congress, by concurrent resolution, directed that no certificates of votes from those States should be opened, or votes counted, in their presence;