CHAPTER VI. .

The manner in which Political Power is exercised.

§ 48. For the more convenient exercise of political power, as well as for the civil administration, a state of considerable extent must be divided into districts of smaller territory. Indeed, without such division, the purposes of government could not be carried into effect. It has been remarked, that the people of a state, being too numerous to meet in one vast assembly to make laws and transact the public business, elect a small number to represent them. But to elect these representatives and other officers, and to make the constitutional or fundamental law of the state, are political duties, which must be performed in a personal and collective capacity. Hence the necessity of small territorial divisions, in which the people may assemble within their respective districts for political purposes.

§ 49. The smallest division of a state is into towns. Several of these compose a county, and several counties the state. These districts correspond to similar institutions in England, the country of our ancestors. Counties and towns are incorporated by a general law of the state. Like all other corporations they have the power of acting under one name, and of managing their local concerns.

§ 50. Of equal necessity are these divisions to facilitate the civil administration. The general law-making power of a state cannot extend its supervision to all the minute interests which are continually springing up in every section of the state. Besides, these minor concerns can generally be best regulated by some competent authority in the neighborhood where they arise. No less does the effectual dispensation of justice require such a division. A single state court could not investigate all the cases which would be brought before it for adjudication. Persons obliged to have recourse to the laws to obtain satisfaction for wrongs, would either sustain farther injury by delay, or entirely fail of ob

§ 48. Why is the division of a state necessary? § 49. How is a state divided? § 50. Describe the conveniences of a division of a

taining justice. Crime would be encouraged and multiplied, because offenders, in many cases, must needs go unpunished. And witnesses, as well as parties to suits at law, would be subjected to much inconvenience and expense in attending court from the remote parts of the state.

With these brief and general observations on the necessity of the division of a state into towns and counties for civil and political purposes, we shall proceed to show the manner in which political and civil powers are exercised by the people of the United States.

§51. First, political power. Perhaps the most important act in which the people of a state exercise their political rights, is that of making and establishing a constitution, or form of government. It is important, because it is to be the guide of those to whom the administration of the government shall be committed, and must consequently affect, favorably or unfavorably, the interests of every citizen.

§ 52. A state constitution is generally formed in nearly the following manner: A number of delegates, as they are usually called, corresponding generally to the number of representatives which compose the legislature of the state, represent the inhabitants of the several towns or counties, and are chosen by the electors in the same manner as representatives in the state legislature are chosen. These dele. gates meet in convention, and agree upon a form of rules for the government of the state. These rules, which have the nature of articles of agreement between the citizens, are then proposed to the people for their adoption. The people, after having had sufficient time to consider these articles, again meet in their respective towns, and vote directly for or against the proposed constitution. If a majority of the electors vote in favor of its adoption, it is declared to be the constitution of the state.

53. Again, political power is exercised in electing the public officers, required by the constitution or by law to be elected by the people, to serve in the several administrations of state, counties, and towns. The electors meet in their

state for civil purposes. § 51. What is the first act of political power? § 52. Describe the manner of forming a state constitution. § 53. For what other purpose is political power exercised? Describe the manner

respective towns, and each votes for the persons ne wishes to be elected. The manner of voting is generally by ballot. A ballot is a small piece of paper, on which are printed or written the name of the candidate, and the title of the office to be filled. The electors present their ballots to the person authorized to receive them, and by him they are deposited in a box. Another mode of voting, practised in some states, is viva voce, which means, by the living voice, the elector speaking the name of the person for whom he votes.

§ 54. The election of candidates is decided either by a majority or plurality of the votes. Election by majority is when any person has a majority, or more than one half of all the votes given. An election by plurality is when the person elected has received more votes than any other can.. didate. The latter, it is believed, prevails in most of the states, especially in the election of the lower officers. It often happens, that, by the former, there is no election at the first trial, no one candidate having received a greater number of votes than all the rest; and the people sometimes find much difficulty in effecting a choice, as several trials become necessary. The latter mode, by plurality, is liable to this objection, that, when the people are divided upon numerous candidates, a person may be elected by a small number of votes, and therefore the interests or wishes of a majority of he people may not be represented.

CHAPTER VII.

To whom the Exercis of Political Power ought to be entrusted.

§ 55. To what class or portion of the citizens of a state political power shall be entrusted, is properly made the subject of express provision in the constitution; but owing

of voting. 54. What is election by majority? What by plural ? To what objection is each of these modes liable?

§ 55. What is the right of exercising political power called?

to a diversity of opinion among the people of this country respecting the right of suffrage, the qualifications of electors, as fixed by the constitutions of the several states, have been very unlike. The right of suffrage, called also the elective franchise, means the right of voting, or the right of a citizen to a voice in the election of officers, and in making or adopting the constitution, the political law of the state.

$56. The American colonies, following the example of the parent country, restricted the right of suffrage to those who possessed a certain amount of property. After they became independent states, a similar restriction was adopted by the people in forming the several state constitutions. In general, none but freeholders were allowed the privilege either of holding public offices, or of voting. A freeholder is a man who holds a real estate in his own right, which he may transmit to his heirs. In some states the right was extended to those who possessed personal property to a considerable amount. The property qualification, however, has been nearly abolished in the United States. In most of the states, all free white male citizens, with few exceptions, enjoy the right of suffrage.

§ 57. It is maintained by some, that those only who have property to be protected by law, and who are compelled to defray the expenses of the government, are justly entitled to a voice in it; that men of property, from their superior advantages of acquiring education, are generally more competent than the poor to take a part in political affairs: also, that poverty and ignorance, which render a man unfit to be entrusted with political power, are most common among the vicious part of the community. If, therefore, the right of suffrage be enjoyed by all, without distinction, ignorant and unprincipled men may obtain control of the government.

§ 58. In favor of universal suffrage it is said, that all men have rights which need the protection of government, especially in a free government, where all are, or ought to be, possessed of equal privileges. The way to wealth is open

To what class of persons was the right of suffrage confined in the colonies? What is a freeholder? How far has the right of suffrage been extended? § 57. What are the reasons generally given in favor of a restricted suffrage? § 58, 59. What may be said in favor of uni

tc every citizen; and the laws affect a man as certainly in acquiring property as in its actual possession. Besides, by the restriction of the right, many of the best citizens are denied a voice in the government; and the state also is deprived, in many cases, of the services of men who, for the want of property, cannot be elected to office, however dis. tinguished they may be for their capability and integrity.

$59. The property qualification is still advocated by some of the most sincere friends of republican institutions. And it is doubtless true, that it is attended with some advantages. Public opinion, however, has decided in favor of an extended suffrage, as being more consistent with the principles of free government. The former makes an unjust distinction between the rich and the poor; and it is by no means generally admitted, that it secures a greater degree of wisdom and virtue in the administration of the state, than universal suffrage. None will presume to declare that property itself either confers merit, or entitles its possessor to unequal privileges; and a restricted franchise, founded on this basis, certainly savors of aristocracy.

§ 60. By universal suffrage, however, it is not meant that this right must be indiscriminately enjoyed by all, without limit or qualification. This right, though invaluable to freemen, is liable to abuse, and needs to be wisely guarded. Hence females, to whom nature has assigned a more limited sphere of action, are excluded from a participation in public affairs. Age is an essential qualification. A person should also be free from constraint or control by others. Twentyone years, the period at which men become free to act for themselves, and are presumed to have attained the requisite knowledge and maturity of judgment, is the age at which they are invested with this right. Foreigners also, who must be supposed to be ignorant of our institutions, and wanting in their attachment to them, are properly excluded. And persons who, by the commission of certain crimes, have proved themselves to be too corrupt to be safely trusted with political power, are justly denied the right of suffrage.

§ 61. Virtue and intelligence are the best safeguards to

versal suffrage? § 60. What classes of persons are properly excluded? § 61. What affords the best security to free institutions?