1. All government consists of three steps, series, or departments. It has a Rule by which its action is governed; and this embraces the general principles guiding all action, as well as the special rules of conduct in regard to limited classes of actions—the next step in the series is the action demanded to put its rules in actual force—to apply them—the third is, to determine the application of the rule when supposed to be violated, and the agreement of the special rule with the general principle. That is to say, government is divided into the Legislative, or law making power; the Executive, or law enforcing power; and the Judicial, or law discriminating, or judging, power. 2. In some governments all these are in the same hands, and this produces a Despotism. In others they are variously divided or mixed. In our country the separation between them is made as distinct as possible. The People are regarded as the source or fountain of Power. The Constitution represents, in its general Principles or Rules, the Will and purposes of the People; and outside of the principles or regulations of this instrument no legislation is valid. The Constitution, emanating from the people, defines the boundary of all the Departments. Congress is the law-making power, enacting within the prescribed limits. The Judiciary takes care that these limits are not overstepped by legislative enactments, or[401] executive action. The executive power, or the President, is the concentrated force, the vigorous Arm, of the government.
It is Congress, the Legislative Authority, that we have now to consider.
3. The National Congress is a body of men representing, and acting in the place of, the people. They are elected by the people to enact laws for the public good—to do all—and no more nor less—than the people would do, if it were possible for them to assemble in one great body and make the laws by which they wish to be governed.
It was constituted as wisely, to guard against the errors to which humanity is liable, as the experience of the past permitted to the thoughtful and patriotic statesmen who had charge of the organization of the government, when the successful termination of the War of Independence left the interests of a new Nation in their hands. England, from which they had mostly sprung, and which governed them until that period, was in possession of the freest and most enlightened government of those times, in the Old World; and they copied from her institutions and general structure what they judged adapted to our circumstances; prudently avoiding untried experiments, as far as possible.
4. Congress, like the English Parliament, consists of two Houses, one, the House of Representatives, (answering to the English House of Commons) being directly elected, for a short term, by the people, so as to express their views and interests as clearly as possible; the other, the Senate, (answering partially to the English House of Lords) appointed by the State Legislatures for a longer term, and from among statesmen of acknowledged ability and mature character and experience. This was expected to supply the necessary check to hasty and ill considered action, as they were required to mutually agree on all laws enacted.
5. Both are required to assemble, at the same time, in the Capitol at Washington, on the first Monday in December of each year. This is the regular session—extra sessions being[402] occasionally called by the President when unusual circumstances demand it.
The members of the House of Representatives are elected for two years, the members of the Senate for six. As the first contains by far the largest number, a Congress is said to exist for two years, and the 20th Congress would be the one existing during the 40th and 41st years of the Republic, dating from the first Congress in 1789.
THE SENATE
 
6. Is composed of two persons, chosen by the legislature of each State, to represent it as a whole. It makes no difference whether the State be large or small, whether population counts by the million or the thousand. The States are sovereign in their sphere, and this constitution of the Senate keeps that fact in view, operates against undue centralization of power, and oppression of the smaller States by the larger.
7. A Senator must be thirty years of age, must have been nine years a citizen, (he may have been born in a foreign State, and a citizen of it previously,) and must be a citizen of the State—(a voter in it) at the time of appointment. He is appointed for six years. The Senate is arranged in three classes so that the terms of one-third of the whole number shall expire every two years. They may be re-elected as often as the State legislatures choose. In one case, a Senator was continued thirty years in the Senate, without intermission. It has equal legislative power with the House of Representatives, except that it cannot originate laws for raising money, but it must approve and adopt all laws made by the House to render them valid. It has some powers that do not belong to the House. It confirms or rejects the nominations of the President, to office, and the treaties he makes with foreign powers, and is the only High Court of Impeachment.
8. When the Senate meets to consider............