several states which may be included within this Union, according to their respective numbers, which 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 first meeting of the Congress of the United States, and within every subsequent term of ten years, in such a manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such enumeration shall be made, the state of New Hampshire 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, and Georgia, three."

The representation and taxation ought to be regulated according to the inhabitants of the several states, and not according to the population of the United States. Those bound to service for a number of years, as sailors, etc., ought to be counted. Indians not taxed are excluded because they live in tribes, a kind of state. The three fifths of all other persons are those bound to service for life, or slaves, forming a distinct race not included within the regular political organization, like the before-mentioned Indian tribes.

The words "by adding three fifths of all other persons," are wrongly understood by some commentators and the abolition party. Their proper meaning, adopted by Congress, is that five slaves count as but three persons, while five free negroes in free states count as much, viz., five persons. Those free negroes do not vote themselves, but in making up the census they count like white persons, while in a slave state five negroes pass only as three persons. An example will show that this proviso is in favor of the free states, and not in favor of the slave states. Suppose there are in a free state

1,000,000 white and free colored persons,

100,000 servants or persons bound to service for a term of years, this gives

1,100,000 whole number of free persons.

And in a slave state

1,000,000 white and free colored persons, 100,000 slaves counting only

60,000 after deducting two fifths, leaving

940,000 whole number of free persons.

Thus a slave state may lose by this operation one or more representatives in Congress. It follows that this clause diminishes in the slave states the "whole number" at the rate of two fifths in regard to the slave population, compared with the free negroes and whites elsewhere. The federal constitution is as liberal as possible, and is only illiberally interpreted to please or suit parties.

When this clause was made by the convention there were more inhabitants in the middle and southern states than in the eastern. It would not be agreed to at present, because it deprives the slave states of about thirty-five members in Congress.

The enumeration here mentioned is the business known by the name of census. Congress, having nothing to do with municipal affairs, has no interest to ascertain, for its own use, more than the number of the inhabitants in order to control and regulate their representation in Congress.

Still Congress has assumed the right to inquire every ten years for everything people possess. There is no grant for that, and wisely not, because it belongs to municipal governments to make census for statistical purposes of this kind. It is supposed that a statistical state census, by the agency of the well-informed town officials, is more reliable than that made in the vast territory of the United States by United States marshals, appointed every ten years for this purpose at random. You see here how necessary is a strict adherence to the words and spirit of the constitution. Its framers were exceedingly careful not to interfere with the business of states, counties, and towns. At present all states take from time to time a census. Congress may be placed in possession of the number of the state inhabitants at short notice by telegraph. Of course the ratio of representation has been altered at each census. The difference between the present time and that of the constitution is interesting in regard to the progress of the population of the several states.

The electoral votes of the United States are at present as follows:

The whole number is 296; 176 in the free states, and 120 in the slave states. It shows a great preponderance of some states. Large legislative bodies are useless for their proper purpose. The proper legislative business of Congress has not increased with the population, because it is national, not local. The grants of the constitution remain to-day what they were eighty years ago. The same wisdom which was required then to make the laws for the carrying out of the constitution is sufficient at present for the same purpose. The more state governments the less territorial Congressional business. It is different with the finance and the executive. Upon the administration of the laws the increase of population has some influence also in the Union. That our senate is a more respectable body than the house is owing to its smaller number. We have few fit men to fill our overnumerous legislative bodies. The house of representatives would answer better to its purpose if composed of the same or only double the number of the senate. Large legislative bodies become invariably corrupt and turbulent.

"4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill up such vacancies."

Here also the constitution leaves the care of the elective business to the state governments; who, acting not in an understanding with each other, differ in regard to the mode of filling vacancies. In states where an absolute majority is required for an election often much delay is caused.

"5. The house of representatives shall choose their speaker, and other officers, and shall have the sole power of impeachment."

Impeaching means accusing for official malversation. You will learn later that the senate is the court of impeachment. All officers, the president included, being responsible or accountable, there must be a court and an impeacher or accuser. In choosing the

speaker the absolute majority rule has been adopted, that is, the candidate must get the absolute or real and not merely the relative majority. This rule presents no difficulty if there are but two candidates. But in the reverse case the election may remain for weeks and months doubtful, as we have witnessed several times. There should be a remedy for such delay which is merely owing to party. The power of impeachment, though rarely effectively used is yet an important check upon the judicial and executive officers. These few provisions form the basis of the organization of the house of representatives of the Congress of the United States, one of the most august legislative bodies in the world, not excepting the English parliament, because it is the most independent legislative assembly, whose character and authority is entirely its own work. This, according to all appearances, the members of this house, alas, too often forget. The sessions being public and the debates promptly divulged by the press, the influence of the conduct of their members upon the morals of the people and upon the authority of the government at home and abroad must be immense.

We will still hope that the honest noble zeal with which George Washington labored in legislative bodies for society, may serve in the future as an example for all representatives.

Excuse me, my dear children, if I should not treat my subject pleasantly enough. But before I conclude this epistle, I can not repress the remark that the influence of the ladies upon these assemblies in regard to decorum, may be more effective than the most stringent laws, provided they are well informed of the actual duties of the legislators.

LETTER IV.

Senate. Organization. — Each Senator has one Vote. -No Right of the State to instruct them. -Election by the States. One third of the Senators to be chosen every second Year. - Temporary Appointments. Age of thirty Years. - Vice-President, President of the Senate. - Impeachment. Election. — Annual Sessions of Congress, and the Parliament in Great Britain. Difference between Congress and the House of Parliament in Great Britain. - Senate an executive Council. - British private

Council.

WE come now to the senate, whose members, from old Roman recollections, represent themselves to our mind as a grave and awe-inspiring assemblage of Solons. Let us see what the constitution provides about them.

SECTION III.

"1. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years, and each senator shall have one vote."

This plainly shows that the senators vote and act as individuals, because each has one vote. They have not to vote in the name of the state who elects them. Having no peerage, as the English, to form a house of lords, this mode of electing a second chamber of the national legislature, was adopted as the best. It is even against the tenor of this proviso that state governments may instruct the senators how to vote. As the law stands, one may vote for or against a measure, as he thinks best. The mode of election is again left with the state government; it is, generally, done by joint ballot of both houses of the state legislature, who serve here merely as electors, and not as legislators or instructors as to what shall be done in Congress. There is nothing to do by Congress except the carrying out of the powers specified by the constitution. Petitions and memorials may serve to inform the members of the wishes of the citizens. The states, as such, have no influence upon the business of Congress, just as the Congress has none upon the administration of the states.

"2. Immediately after they shall be assembled, in consequence of the first