The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-08-28
THE CONSTITUTION OF THE UNITED
STATES.
THE LEGISLATIVE POWER.

1 ihS hI"'sbAifE FO"Th
! The preamble Of this instrument merely adum-
/ braes the objects for The accomplishment Of winch
special and specific provisions are reciled IN me
/ body of the instrument. The expressions OF the
preamble cannot more properly have rightiul and
efficient influence 10 determining the puIport OF any
of The provisions in the body Of the instrument than
preface can have in limiting enlarging the ex-
pEesSions OF the author in the volume 10 which he
| has thought fit to prefix it. Again: the man who
would contend that preamble 10 statute limited
enlarged the meaning of plain and ordinary words
used in the body Of the statute, would draw down on
| himself "lhe worlds dread laugh" II may be con-
coded that the preamble throws light on the insru-
rnent, but il does follow that the preamble
should control any provision Of the instrument. Ii
il may control one provision, why not another and,
! indeed, every one? And If preamble should de-
| iermine the meaning OF all the provisions OF The
instrument, the provisions in detail had as well be
discarded in gross, las having been work of super
erogaiion,) TO make room tor the preamble TO be
received as the true and sufficient ex ponen Of all
the intentions Of the parties to il. In a word, the
preamble TO this instrument may be likened 10 po-
lite santation preparatory to business TO be done
after it,
II has been commended that the phrase, I" We, the
people Of the United States, do ordain this cons,itu
lion," goes 10 show that II received its validity
from the people Of the United States, iohole,-
While il true that the convention which formed
this instr umeni, was composed Of delegates chosen
by the Legislatures of the States il Is equally true
that each Legislature acted for its State and for
no other, and each delegation to the general con.
veniion, was delegation from State, and not from
the United States. Moreover, the constitution, as
the authentic history OF those recent times tells US,
was ratified by conventions of the people Of the
States each tor and BY ITSELF and neither was bound
by it, until ii was ratified by ITSELF BY some Of the
States il was ratified long AFTER others Of them had
given i; their sanction. 1t was ratified, first, by
Delaware, on the 7lh of December, 1857, without
condition or Recommendation OF amendment. II was
not ratified by North Carolina, until the 2lst Of Mo-
her 1850 nv Rhnde Island until 40 0Qth nj
May lf9O. II was put in operation the 4th OF March,
1859, before II had been ratified by North Carolina
or Rhode Island and the first election of President
was made by elepen States Although the constitu-
ton went into operation before IL was ratified by
those two States, the ormality of admitting them
new States into the Union was not observed. Then,
if there is virne in facts and truth in logic, ii is
true and incontrovertible thatrhis is government
founded by several and separate States, and not by
the several States as one people.
We shall now proceed to exhibit an accurate out
line of the principles Of this constitution.
BY this constitution, as by that we have already
exam ed, power is vested 10 three departments, TO
wit the Legislative, The Executive and the Jadicial
the Legislative, in Congress Of The United States
consisting of a Senate and a House Of Representa-
tires; the Executive, in President Of the United
States; and the Judicial, in one Supreme Court
and such Superior Courts Congress may order.
Representatives are apporiioned among the seve-
raj States, according to the population OF EACH to be
determined by adding 10 The whole number Of free
persons, including those bound 10 service for term
Of years. and excluding Indians not taxed, three
fiths Of all other persons-the number not TO exceed
for every thirty thousand but each State to have
one al leastto ascertain each ates number Of re-
personalities who elected bennially and by that
portion Of the people OF the Sale qualified to vote
Tor delegates to the most numerous branch of its
legislature, decennial census is required 10 be d.
rected by law Of Congress-the qualifications ares
10 be twenty five years Of age, and seven cit OF
the United States, TO be representative; and thirty
years OF age, and nine citizen Of the United States,
TO be Senator; and in each case, when elected, TO
be an inhabant Of the State he is elected to Syrc-
Vacancies BY resignation otherwise, in the House,
are supplied by virtue writs Of election issued by
the Executive authority Of the State thus deprived Ut
It's representation; and in the Senate, by temporary
appointments ill the next meeting Of the legisla-
ture,) made by the saroe authority. Two Senator'S,
thus qualified, are elected, one-lhird Of the whole
number every second year, by the legislature oi
each State. The Vice President of the United
States, is President Of the Senate Each House, win
that exception, appoints It's own oihcers ana me
Senate, President pro TEN. in the absence oil the
Vice President or on occasion Of his having TO act
President of the United States; and each deter
mines its own rules of proceeding The House has
the sole power Of impeachment, and The Senate are
The riers; the Chief Justice TO preside If the Pre-
sident of the United States be impeached and tried
Conviction and judgment, as under the government
OF this State. The conservative powers privileges
which we have seen belong 10 the General Assem-
bly, Of this State, engrailed 10 the organization Of
Congress II belongs 10 the legislatures OF The States
TO regulate the times pac, 8 and manner Of holding
elections for Senators and Representatives unless
Congress, as II may do, except as 10 the place OF