"To establish a court proper for the trial of impeachments, a remedy deemed necessary to prevent abuse of power by the executive.

6

"All of these five objects have been more or less perfectly attained; and the Senate has acquired a position in the government of the nation which Hamilton scarcely ventured to hope for. In 1788 he wrote: Against the force of the immediate representatives of the people nothing will be able to maintain even the constitutional authority of the Senate, but such a display of enlightened policy, and attachment to the public good as will divide with the House of Representatives the affections and support of the entire body of the people themselves.'

"It may be doubted whether the Senate has excelled the House in attachment to the public good; but it has certainly shown greater capacity for managing the public business, and has won the respect, if not the affections, of the people, by its sustained intellectual power." 1

We come now to the House of Representatives. This House represents the nation on the basis of population, as the Senate represents it on the basis of states. The Constitution provides that representatives and direct taxes shall be apportioned among the several States according to their respective numbers, and under this provision Congress allots so many members of the House to each state in proportion to its population at the last preceding decennial census, leaving the state to determine the districts within its own area, for, and by which, the members shall be

1 Bryce, p, 108,

chosen. The original House which met in 1789 contained only sixty-five members, the idea being that there should be one member for every 30,000 persons. At present the number is 356, being, according to the census of 1890, one member to 173,901 persons. The electoral franchise on which the House is elected is, for each state, the same as that by which the members of the more numerous branch of the state legislature are chosen. Each state has the right to regulate its own franchise, so that there is no uniformity in this respect. Members are elected for two years, and the election always takes place in even years 1892, 1894, 1896. The powers of the House are in theory purely legislative. The House has no share in the executive function of the Senate, on the other hand it has the exclusive right of initiating revenue bills, and of impeaching officials, and of choosing a President in case there should be no absolute majority of presidential electors for any one candidate.

The House of Representatives is so similar in character and constitution to the House of Representatives both in the colonies and states of South Africa, that there can be no question as to the establishment of such a body being part of the Federal legislature to be devised for South Africa.

CHAPTER X.

THE FEDERAL COURTS.

Necessity for federal courts-Established by constitutionJurisdiction of courts-Courts have worked well-Provide means of operation of federal government on individuals -Civil process for securing authority of state against infringement-Success of these provisions-Further function of federal courts-Maintain the supremacy of the constitution-Give effect to relative validity of federal constitution, of federal statutes, of state constitutions and state statutes-Court acts as international arbiter between states-Has preserved peace among states-Unanimous verdict in favour of success of courts-Valuable precedent for South African Federation.

We must now describle a very important authority directly constituted by the constitution of the United States of America, we refer to the Federal courts. "When in 1788," says Bryce, "the loosely confederated states of North America united themselves into a nation, national tribunals were felt to be a necessary part of the national government. Under the Confederation there had existed no means of enforcing the treaties made or orders issued by the Congress, because the courts of the several states owed no duty to that feeble body, and had little will to aid it. Now that a Federal legislature had been established, whose laws were to bind directly the

individual citizen, a Federal judicature was evidently needed to interpret and apply these laws, and to compel obedience to them. The alternative would have been to entrust the enforcement of the laws to state courts. But state courts were not fitted to deal with matters of a quasi-international character, such as admiralty jurisdiction and rights arising under treaties. They supply no means for deciding questions between different states. They could not be trusted to do complete justice between their own citizens and those of another state. Being under the control of their own state governments, they might be forced to disregard any Federal law which the state disapproved; or even if they admitted its authority, might fail in the zeal or the power to give due effect to it. And being authorities co-ordinate with and independent of one another, with no common court of appeal placed over them to correct their errors or harmonize their views, they would be likely to interpret the Federal Constitution and statutes in different senses, and make the law uncertain by the variety of their decisions. These reasons pointed imperatively to the establishment of a new tribunal or set of tribunals, altogether detached from the states, as part of the machinery of the new government. Side by side of the thirteen (now forty-two) different sets of state courts, whose jurisdiction under state laws and between their own citizens was left untouched, there arose a new and complex system of Federal courts. The Constitution drew the outlines of the system. Congress perfected it by statutes; and as the details rest upon

these statutes, Congress retains the power of altering them. Few American institutions are better worth studying than this intricate judicial machinery; few deserve more admiration for the smoothness of their working; few have more contributed to the peace and well-being of the country."

There are three kinds of courts-the Supreme court, the Circuit courts, and the District courts. The Supreme court is established as such by the constitution. It consisted originally of six judges, and these have now been increased to nine. They are nominated by the President and confirmed by the Senate, holding office during good behaviour, and removable by impeachment. This provision was regarded by the founders of the constitution as of great importance for securing the independence of the judges, for they were to be independent in their actions both of Congress and the President, and acting as a check on them if necessary. Competent authorities affirm that the judges have acted with independence, uninfluenced by Congress or by party feeling, and that their secure position has not been abused by them.

The Circuit and District courts have been created by Congress under the provisions in the Constitution for the erection of inferior courts. The jurisdiction of the Federal courts extends to the following, any other cases being left to the state courts :

I. Cases in law and equity arising under the Constitution, the laws of the United States, and treaties made under their authority.

1 Bryce, p. 225.