The restrictions laid upon the state governments in this clause are necessary consequences of the Union and the establishment of a national government, and are required for the protection of the liberty of industry. The different agents of our public affairs should scrupulously avoid any violation of their trusts or powers. Thus only will they command the respect of the citizens; because these submit themselves cheerfully to the laws, and respect obediently the public authorities, if they are executing the laws faithfully and honestly. It is plain that there can be only one sort of imposts or customs; otherwise the same article might be taxed by each state, and its whole value soon absorbed by taxation. Something like this has existed in European countries, and may still take place under the name of excise, octroi, etc. Our state governments are thus forced to resort to direct taxation, which, in its turn, obliges them to be economical, if they are not allowed to borrow money.

"3. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships-of-war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay."

If state governments were allowed to keep troops, Congress would be under the necessity of having constantly an overwhelming force to keep the state governments with their troops at bay. When, in 1848, the German national Congress at Frankfort had debated and resolved awhile without an executive force at their disposal, the state governments, tired of their debates, marshalled their armies, dissolved this Congress, and made an end of German national unity. A similar destiny awaited the ancient Greek confederations. This would also happen in the United States under similar circumstances. Without a strict adherence to the provisions of this clause, the United States would be Europe to-morrow. No state, as such, has a right to control Congress, or to exercise any authority under the general constitution. No state tribunal has a right to interfere with the seizures of property made by federal revenue-officers in conformity with the laws of Congress. State laws have no operation upon the rights or contracts of the United States. The United States and the states are throughout to be considered as entirely separate business concerns. The governments of Great Britain and France can not be more distinctly

separated from each other than the federal government from the state governments. All resolves and acts of the state legislature or executive, all propositions and recommendations in messages of our state governors on business belonging to Congress are improper, unconstitutional, and entirely gratuitous, betraying a meddlesome spirit and very little appreciation and knowledge of our political system and organic law.

If all governments would aim at nothing but the realization of justice, never meddle with any business which is not strictly political, and never interfere with each others' affairs, a serious misunderstanding among those public business concerns would be as little possible as a misunderstanding between two neighboring farmers or merchants, if they act upon the same plan, that is, mind their own business. However, for plotting and intriguing men, there is, alas! no help in laws, though made by a hundred Washingtons; none in compromises or treaties, though written with the blood of millions of patriots. Those wicked men are the cause of the complaints about the complication of our political system and machinery.

Well-informed women can here do much good for society. While they are excluded from direct participation in the public affairs, they may cultivate harmony and promote the interests of the country the more surely. If they are not Viragos-would that there were none in the United States, even to promote the temperance fanaticism by violence- they may wield the social balance of power.

I do not flatter; you, my daughters, know me too well in this respect. Make, then, a good use of your real woman's rights: there are bogus woman's rights abroad.

4*

LETTER XX.

Executive. President. - Vice-President. - Their Election. - Term of Four Years. - No Titles. - Santa Anna. — Vulgar Political Papers. Respect of Public Officers. - English ́Grumbling. — Second Term. Swiss Presidential Election.

We have now to examine a few simple provisions concerning our president or executive. Laws require execution. It is wise to separate this business from the legislative; it may then be done more considerately and effectively, the patronage and power which public business produces divided, and a wholesome mutual check created between the great branches of the government.

ARTICLE II.

Of the Executive.

SECTION I.

"1. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and, together with the vice-president, chosen for the same term, be elected as follows:-"

An office which is merely ministerial, that is, has to execute what others have ordained, as that of our president, is better filled by one head than by several. Our federal laws are discussed or enacted by a college or assembly, with the help of committees, and executed by one responsible man, in Greek called a monarch. This brings unity, energy, and precision in this business. That ambition may not creep in and spoil the man and business, he serves only four years, and therefore must be elected. The simplicity and business-like character of our constitution appear pre-eminent in omitting all titles, in this instance also. There was no example of such a singleness on earth, when this constitution was set up. Our next door neighbors have not learned from this constitution, otherwise Santa Anna would not have assumed the title of highness.

Still, our president has just the same business to perform about
which kings and emperors make so much ado for nothing.
While we are not given to empty titles, we should, however,
not deny the president, the elected responsible head of our fed-
eral government, his due respect. I know that you, my daugh-
ters, and a great many of your sex, do not like the political
papers on account of their systematic vulgar attacks on the
president and other officers, just as if they were the common
mark for the missiles of malice and bad taste. A public officer
who is not respected, is without real authority. Englishmen
have good reason to grumble, and if they please, ridicule their
obsolete feudal state-affairs and wigged officials; but is there
any thing obsolete or ridiculous in our political system? As
long as our
president acts constitutionally, and as well as he is
able to do, with the help of his numerous advisers, he deserves
general respect. The licentious vulgar press corrupts the taste
of the masses, and is the cause of villany and mob violence.

According to the wording of this clause, the president shall
hold his office during the term of four years only. Washing-
ton, and several other presidents, have been elected for a second
term. With the increase of the population, the parties have
president in favor of his re-election. At present, Washington
gained strength. Party influence may now be coveted by a
would not have consented to a re-election. This is the cause why
some wish that the absolute one-term system, either of four or six
years may be adopted. The constitution being silent about a

second term,
or re-election, we have to understand it as being in
absolute term, which, no doubt, is right; for if not,

favor of

one

one person may as well, from four years to four years, be re-
elected to the end of his life.

The Swiss, probably to avoid the excitement which accompa

nies our

presidential elections, have, in their

new constitution

of 1848, (a good imitation of ours,) made the heads of the departments elective, who then chose one of their number as president. This, however, is against the principle which serves as a

guide in

and not

elected.

appointing officials. Those who act merely as clerks,
representatives of the government, should never be
Our constitution is, in this regard, perfect, and has been,

as

thus far, misunderstood by the Swiss.

"2. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector."

"3. [As amended.] The electors shall meet in their respective states, and vote by ballot for president and vice-president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president, and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; 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; the person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president; but in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice; and if the house of representatives shall not choose a president, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president. The person having the greatest number of votes as vice-president, shall be the vicepresident, if such a number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list the senate shall choose the vice-president; a quorum for the purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no persons constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States."