12,775,932 — being but little less than four-fifths of the whole.
These results, resting on calculations, which exclude doubt, incontestably prove — not only that the authority which formed, ratified, and even amended the constitution, regulates entirely the numerical majority, as one of its elements — but furnish additional and conclusive proof, if additional were needed, that ours is a federal government — a government made by the several States; and that States, and not individuals, are its constituents. The States, throughout, in forming, ratifying and amending the constitution, act as equals, without reference to population.
Regarding the Government, apart from the Constitution, and simply as the trustee or agent to carry its powers into execution, the case is somewhat different. It is composed of two elements: One, the States, regarded in their corporate character — and the other, their representative population — estimated in, what is called, "federal numbers" — which is ascertained, "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 others."[1] These elements, in different proportions, enter into, and constitute all the departments of the government; as will be made apparent by a brief sketch of its organization.
The government is divided into three separate
- ↑ 1st Art. 2d Sec. of Constitution.
