exercise all the reserved powers. The reservation is made to the people of the States, not to the State governments; and the people in the State constitutions deny such reserved powers to their State governments as they see fit. From the first the people have withheld powers from the governments that they have constituted; and in later years they have witheld more such powers than formerly. Thus, the States might establish State churches, deny to citizens the right of petition, or the right to bear arms, and unduly limit, or even deny, the right of trial by jury; but the State constitutions carefully guard these points, and many more besides. For example, the Pennsyl vania bill of rights closes with this declaration: "To guard against transgression of the high powers which we have delegated, we declare that every thing in this Article is excepted out of the general powers of government, and shall forever remain inviolate."

660. THE SCOPE OF THE PRESENT INQUIRY.-It is neither possible nor desirable in the present work to examine in detail all the forty-four State constitutions, or even any one of them. The full discussion of the National Constitution renders that superfluous. A general statement of the nature and operation. of the State governments, with some account of the principal variations, will amply suffice for the present purpose.

661. THE THREE DEPARTMENTS.-The States all preserve the old three-fold division of governmental powers and departments, and it constitutes the main frame work of their constitutions. The National Constitution, by devolving certain duties upon the legislatures and governors, makes this threefold division necessary; a State without it would not have a republican form of government within its meaning.

CHAPTER III.

THE STATE LEGISLATURES.

662. NAMES. -The Legislature is the name generally applied to the law-making body of the States, but this is not always the constitutional name. In new Hampshire and Massachusetts it is called the General Court; in North Dakota, Montana, and Oregon, the Legislative Assembly; in Maine, New York, New Jersey, Florida, Texas, Michigan, Wisconsin, Minnesota, Nebraska, Kansas, South Dakota, Wyoming, Washington, Idaho, Nevada, and California, sixteen in all, the Legislature; in the other twenty-three States, the General Assembly. 663. NAMES OF THE TWO HOUSES.-In Georgia from 1787 to 1789, in Pennsylvania from 1776 to 1790, and in Vermont from its admission to the Union to 1836, the legislature consisted of a single house. But these are the only exceptions to the prevalence of the bicameral system. In all the States the upper house is called the Senate. In Maryland, Virginia, and West Virginia, the lower house is the House of Delegates; in California, Nevada, Florida, New York, and Wisconsin the Assembly; in New Jersey, the General Assembly; and in the thirty-five other States the House of Representatives. Previous to 1868 North Carolina called her lower house the House of Commons.

664. THE TERMS OF SENATORS AND REPRESENTATIVES. -In Massachusetts and Rhode Island the senatorial term is one year; in New Jersey three years; in Maine, New Hamp

shire, Vermont, Connecticut, New York, North Carolina, Georgia, Tennessee, Ohio, Michigan, Nebraska, South Dakota, and Idaho, two years. In the remaining twenty-eight States it is four years. In Connecticut, Massachusetts, New York, New Jersey, South Carolina, the representatives hold one year; in Louisiana four years; in the other States two years.

665. THE PAY OF SENATORS AND REPRESENTATIVES.-In all cases this is the same for members of both houses. Sometimes it is fixed, or at least the maximum, by the constitution, but commonly it is ascertained by law. It ranges from a dollar a day and mileage at eight cents a mile, in Rhode Island, to $1,500 a year and mileage at ten cents a mile, in New York.

666. THE NUMBER OF MEMBERS.-This varies widely in the different States. It is either fixed by the State constitution, or it results from the application of a rule that the constitution prescribes. The number of senators varies from 9 in Delaware to 51 in Illinois; the number of representatives from 21 in Delaware to 321 in New Hampshire.

667. APPORTIONMENT.-The rule that is followed in the apportionment of members of the houses of legislation is population, but population as limited by town and county lines. In apportioning senators much closer attention is paid to such lines than in apportioning representatives. The widest departure from this rule is Vermont, where representatives have always been distributed among the towns equally, while senators are assigned to the counties according to their population. First constitutions always contain an apportionment of representation, and often later ones; and all the constitutions, with the exception of Delaware, provide for a periodical redistribution of members. Some very definite rules regulating the matter are prescribed, and their application is enjoined upon some constituted State authority.

The common practice is to entrust this duty to the legislature, but in Maryland it is given to the Governor, and in Ohio to the Governor, Auditor, and Secretary of State. By far the larger number of States provide for a new distribution following each National census. Ten States, California, Nevada, Oregon, Nebraska, Missouri, Wisconsin, Indiana, Michigan,, Minnesota, and New Hampshire, that have intercalary State censuses, provide for them once in five years.

668.

REPRESENTATIVE POPULATION.-This differs somewhat in different States. In some it is the total population as enumerated; in some the total, excluding aliens; in some the total, excluding Indians not taxed; in some the total, excluding Indians not taxed and aliens. Some States make the rule the total population, excluding aliens incapable of naturalization, as the Chinese in California; some, the total white population, and a few, the voters.

669. DISTRICTING THE STATE. Generally some civil division already existing is adopted as a unit, as the county in the Middle and Western States, and both the county and the town in New England. As it is not deemed desirable that the members of the two houses should have just the same constituents, the representative and senatorial districts do not commonly coincide. The factors to be considered in establishing the two districts are, the number of members to be distributed, population, existing civil divisions, and the representation of fractions.

The common rule is to fix in the constitution major and minor numbers for each house, leaving a discretionary power to the legislature within these limits. In such cases the legislature ordinarily first fixes the number of members, then determines ratios of representation by dividing the population by this number, and finally establishes the districts with reference to the quotient. This is the method employed by Congress in appointing National Representatives under the censuses of 1850 and

1860, except that Congress left the districting to the State legislatures.

A few Constitutions, however, fix ratios of representation, and direct that these ratios shall be applied to the population to ascertain the size of the houses by division.

Most of the constitutions give the State authority charged with the duty of appointment, power to group counties when necessary; while they also deny or limit power to divide the civil division adopted as the unit. With a view of preventing the aggregation of too much political power at one point, most of the States having large cities limit the number of representatives assigned to them by requiring a larger population than in other parts of the State. Several States assign to each county at least one representative; while New Jersey assigns one senator and Connecticut two senators to each county. The representation of fractions is duly provided for; but the subject, which is quite technical, need not be considered here.

670. LEGISLATIVE SESSIONS.-The Constitutions of Massachusetts, Connecticut, Rhode Island, New York, New Jersey, and South Carolina provide for annual sessions; the constitutions of the other States, for biennial sessions. In Ohio, however, every legislature elected under the present constitution, with a single exception, has held an adjourned session, thus defeating the intent of the constitution. The governors of the States may call special sessions when the occasion for them arises.

671. LENGTH OF THE SESSIONS.-Some of the States, as Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, South Carolina, and Ohio, have left this matter wholly to the discretion of their legislatures. In other States the length of the constitutional session ranges from 40 days in Georgia, Colorado, Nebraska, and Oregon, to 150 in Pennsylvania.

672. POWERS OF THE SEPARATE HOUSES.-These are practically the same as the powers possessed by the Houses of Congress.