insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves [all the people] and our posterity." These are the powers vested, and all the powers originally vested, in the whole government generally; in distinction from those specially assigned in detail to the several departments and officers of the government, on the division and distribution of the general powers among them. Such is the purport and effect of this first part or enacting clause of the Constitution. The subsequent Articles and sections proceed to arrange the organization of the government, with its different departments and officers; and to distribute among them such portions of those general powers as appropriately fall to the share of each, together with such further additions, regulations, qualifications, and restrictions, as were thought appropriate to the great purposes and objects of a firm national government, adequate to the exigencies of government and the preservation of the Union.

CHAPTER XI.

THE ORGANIZATION.

§ 123. WE have seen, that the people of the United States, in accordance with the resolution of the Confederation Congress by which the Convention was assembled, by ordaining and establishing this Constitution, have formed and instituted a ee Firm National Government," which it calls the Government of the United States," "in order" to accomplish the six great purposes announced in the ordaining or enacting clause; and which render the government "adequate not only to "the preservation of the Union," but also to all the " exigencies of government." Its duty is to execute the Constitution, and its powers are commensurate with the duty. This government is divided into three departments, the Legislative, Executive, and Judicial; and the first three Articles next following the enacting clause disclose the mode of organizing each of these departments, and describe in general terms, and by reference to many examples, that portion of the whole duty of such a govern

ment, which falls appropriately to each of those departments.

THE LEGISLATIVE DEPARTMENT.

§ 124. The legislative department is organized in two branches, called the Senate and House of Representatives, and named the "Congress of the United States." The House of Representatives is composed of members chosen every second year by the people of the several States. The people of the several States are that portion of the citizens of the United States who are the resident inhabitants of particular States. These constitute the body represented, and from among whom the Representative must be selected; but though the Representative is said to be "chosen by the people," yet all the people are not necessarily and under all circumstances actual electors. Electors may be subject to regulations, and required to have other qualifications; that is, to conform to law in other respects than mere citizenship, being of the people, members of the body politic. Though all citizens are not voters under all circumstances, in all places, and at all times, yet no aliens or others not citizens can be under any circumstances, because by the Constitution the Representatives must be chosen only by "the people, the citizens;" and who they are, whether

1 Article I., section 1.

2 Article I., section 2.

by birth or naturalization, depends on the laws of the United States.

§ 125. The qualifications of electors of Representatives, other than habitancy and citizenship, may be prescribed by law; but they must "have the qualifications requisite for electors of the most numerous branch of the State legislature." This provision has been claimed as absolutely conferring the power to fix the qualifications of electors on the State legislatures. But this is obviously a misconstruction. It neither grants nor restricts the power to any body. As it stands, it would comport well, and be perfectly consistent, with an addition giving the power expressly to either government. Such an addition not being made, the clause leaves the power as it found it, unprovided for in this place; and, if not provided for elsewhere in the Constitution, it remains with the other "powers not delegated ... nor prohibited," but "reserved to the States respectively or to the people." We shall find, however, that it is provided for elsewhere. This is the plain and palpable effect of the clause as it here stands by itself alone; and it is further corroborated by the fact, that in its original form, as reported by the Committee of Detail, it was objected to by Mr. Governeur Morris on this precise ground, that, " as it stands, it makes the qualifications of the national legislature depend on the will of the States;" and that the revised draft, which altered it essentially, and

probably on this very account, so as to read as it now does in the Constitution, was made by Mr. Morris himself.1

§ 126. The word "requisite" has no necessary relation to the legislative power of the States, any more than to that of Congress. It might refer to either or to neither. If the State legislatures have the exclusive power of deciding what qualifications are "requisite" for electors of their "most numerous branch," they may decide that none are; and so open the elections to aliens as well as citizens, which would be contrary to the Constitution. Or they may decide that their "most numerous branch" shall be appointed by the governor and council, or by the Senate, or by the county courts, or otherwise; and so not elected by the people at all. Neither the Constitution nor any law of the Union requires expressly that either branch of a State legislature shall be elected by the people. But it does require that the State government shall be republican, and that Representatives to Congress shall be chosen by the people, and incidentally that State Representatives shall also; for otherwise the qualifications of the electors of the two sets of Representatives would, in this respect, be different; and could not be the same or identical, as the Constitution is understood to require. When Congress undertake to prescribe a republican government to the States, and of

1 See 3 Madison Papers, and 5 Elliot's Debates.