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T TW EEkLY 1^6.Ew.o
ByGallrd&Depoteo WNNBOO S Cl AT-;PDA ORIN, PIL 28, 1866- [VOL. III.-NO. 388
TIHI TRI-WHERIY NEW
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Notes on the Constitution of the United
BY D). 11. N1M.0oT.
S.CTio- 3d. CLAus. 2nd. "Imnmedi.
"iately after they (the Semitors) shall
"be assembl d in coniseipence of the first
4vlection, they ;iall be divided as
"equally as imay be into three classi-s.
Tlhe s(at. of the Senators of the first
"6class siall be vacated at the expiration
".of the(, second year, of the second class
.'at the expiration of the foturth year,
"and of the third class at the expirationl
6.f the sixth year ; and if vacaeCWs
'haplpetin by resigination, or otlherwise,
"duinig the recess of the Legislature of
any State. the Executivo thereof nav
"make temporary appointnimits until Ihe
4.next iee ting of the Legislature, which
"shall tholn fill such vacanlcies."
The effect of the power granted in
this claust. is to arrange the election for
Senators throughont, the United States
inl such a manner that one third of the
Senate shall be newly elected every two
years. There is thus given both popu
lar and State sovereignties the opportt.
nity of endorsing at. the ball%-box what
their delegates to Congress do. 'I'here
isjtust ahead of uis a chance to see the
workimgs of the provisions in this clause.
Congress has by a two-third vote in both
.of its brarches enacted a law over and
.above (te vi%to of the President. It re
mains to be seen whether the people of
.the States themselves, satiction this act.
of their delegates- It can hardly be ius.
sible the sanction will be given.
Observe the manner in which vacan
cies in the Senate are to be filled. In
the clause providing for filling vacancies
in the House, the order is emphatic to
the Executive of the State. But here it
is said he "may make temporary ap
pointments," until the Legislature of his
State meets again. If it mean that the
matter is left to the diseretion of the
Governor of the State, then it is a privi.
lege which ie may or may not use ; but
ifit iean that for that one time the
Constiutiont permuts hinm to exercise theo
prerogatives of the Legislature, then it
is his duty to fill the vacancy, or &aeant
tiiea, ats eoo,n as possible. And this
would appear to be the true construc
C,Au8r.3d. "No person shall he
#'Senuator who shaull not have attained to
b"ie age of thirty year., and ben rine
nyea~rs at ciZtize of the UnitedI States,
"'and( who sha.1 not when ,dlected, be an
s'inhiabitant, of that State for which he
t'shall be chosen."
From the natatre and contihtution of'
t,lre Seniate, calmnesy, gravity and digni
ty aro expected to chiaractorize that
body. Moro years of experience, and a
longer idetntiflcation with theo ite~rests
of thei country, are required to fit a ciii.
zen for meombership thtere. It is dtesign
ed that they sthl be men too grave to
b.e dIriven by evptr.y. wind of political
doctrine. and calmrnonglh to gnide tlan
ship of State safely through the storms
and shallows of denagogneism.
Note the three classes into which the
Constitution divides the people. Per.
son-Citizen-Inhabitan t. The first
may be wholly represented, partly, or
not reprosented at all. The second is
wholly represented, and the third may
C.Ausr 4th. "The Vice President of
"the United States shall be President of
"the Senate, but shall have no vote, un
less they be equally divided."
If there is one office creited in the
whole Con.ztitution where greatness is
needed, but. where it is ex officio kept
under, it is that of the Vice-Presidency.
That officer is comparatively a cypher
in the administration of Government.
and yet a contingent necessity demands
that he should be capahlo of all things.
It rarely happens X.at the Senat.e are
eually divided, and an occasion arises
for his cast ing a vote.
CLAUsK 5TH. "The Senate shall
"choose their other officers, and also a
"President pro tempore. in the absence
''of tho Vice Prvsident. or when he shall
'"exercise t he office of President of the
It has happliened three times that the
Vice President succeeded to the Presi.
-lency by the death of that officer.
John Tyler succeeded General Harrison
Millard Filniore succeeded General Tay.
lor, ar.d Andrew Johnson- succeeded
Abraham Lincoln. Perhaps but one
Vice President has died during the
term of his office, and that was William
Rufus King, under the administration of
C.AUsF OTIr. "The Siate shall have
"tie sole power to try all impeachments.
"When sitting for that purpose, they
"shall be on oath or affirmation. W hen
"the President of the United States is
"tried, the Chiof Justice shall preside.
"And no person shall be convicted with
"out the concuirrence of two-thirds of
"the tmembers present.''
it has been seen that impeachments
must isAuo from the House of Represen
tatives. And when made the party
impeached is tried before a Court com
posed of the Senate. For fear the
Vice-President from bad motives of am
bition may prove partial in the trial of
the Presilenit, he is reheved from duty,
aud his place supplied by the Chief Jus
tice of the Supreme Court. "Two
thirds of the members present" can cotn.
For the first time in t.he history of
our Government, .he powers granted in
this clause of the Constitution are likely
to he exercised so far as they relate to
the impe'achnent of the President. To
all appearances there is nothing that the
present Congress could do with a great.
er apparent sanction from the Constitt
tion. Not that they have grounds upon
which to base an impeachment, but that
it will accord so well with the hatred
towards the President, and if they can
devise or concoc any charge, they have
already the two-third vote of the "mem
hers present." Here is one vote which
the Senate can take without any refer
ence to the representation of every
State. The only obstacle in the way of
a full swing of the prejudice against the
President on the part of the Senate, is
t hat npon his trial they are all "on oath
or affirmation." They cannot be so
lost to all honor and justice as to sustain
atny charge of "treason, bribery or other
high crimne or misdemeanor" against
Cu.ausa 7Tu. "Judgment in cases of
"imnpeauchtment shall not extend furthter
"than to removal from office, and disa
"qualldicatiton to hold and enjoy any of.
"flce of' honor, trust or profit under the
"United States : but the party con vict.
"ed shall ne~vertheless be liable And sub
"ject to indictment, trial, judgment and
"pumnishumentg according to law."
This clause"defines how far the Seu,
ate of the United States shall punish
those wvho may be qotwinind upon :.t
peachment. "Removal from o oe" is
all that th'e Radicala care to do with
President Johnson. He is in their
way in making encroachments upon the
Constitution, and hence they would
SHOTlN 4 CL.AUSE IST. "The times,
"places, and manner of holding elections
"for Senators-and Representatives. shall
"be prescribed in each State by the
"Legislatare thereof ; but the Congress
"maY at any time by law make or alter
"such rogulations, except as to the places
"of choosing Senators."
State sovereignty and United sover.
eignty are clearly defined in this clause.
As to the "times" and "manner" of
"holding elections," State sovereignty
has granted the United sovereignty the
exclusivo dictation ; but as to the
"places" of holding them, State sover
eignty reserves the right to control.
CLAusS 2ND. "The Congress shall
"assemble at least once in every year,
"and such meeting shall be on the first
"Monday in December, unless they
"shall byjaw appoint a different day."
The timo for the meeting of Congress,
that is its regular meetings, is still on the
first Mfonday in every December. The
civil iffairs of a country so large. ro
quire the attention of the administra.
tors of Government "at least" once in
NK.:w OIL:ANS, April 7, 1866,
To the Editors of the A*cayune :
I extract the following from the An
nual Scientlfic Discoverj for 1865, be.
lieving that it will be of interest to the
public at this time, and perhaps per.
form an important use:
NEW THEoRY RESPEOTING THE CHOLERA.
A work of considerable importance
has been published in Germany during
the past year (1865) by Dr. Max Pet.
tenkober, bearing the title "Investi.
gations and Observations in regard to
the Propaganons of, Cholera, with Re
filections on the Proper Means of Arrest.
ing its Progress." The author is Pro
fessor of Medicinal Chemistry at the
University of Munich, and has been
employtd by the Government during
the whole of last year, investigating the
progress and mode of propagation of the
disease m the prineiple towns of Bava.
ria. The present work is the result of
his and other physicians' researches, in
the form of a report to the Government,
and has given such complete satisfaction
that its gratuitous distribution has been
ordered throughout the kingdom at the
expense of the Government.
The author advances no now theory,.
but pruduces a volume of facts of a
most positive and conclusive character.
These facts could hardly have been as
certained with the same precision in any
other country ; for not only would it
have been impossible to ascertain the
age, condition, Mode of life, etc.,. of the
sick, but the patients themselves would
not willingly have subjected themselves
to a similar control. Observations were
made in Munich, Nuremburg, Augs
burg, Wurzburg, Ebracl, I ngolstadt,
Gamersheim, Rattisbone, Framstein and
Freysing, and the author compares his
resilts with the "report ofthe mortality
of cholera in England, 1848-49," and
t reports on the cholera in India du
ring the years 1817, 1818 and 1819, by
James Jameson. He shows conclusive.
ly that there is no contiadiction in these
reports; th)at the facts asce!rtained in
India are precisely those which have
been observed later in England, and bnt
last year in Bavaria; that any apparent
contradiction is due solely to accompv
ning circumstances by which the results
were modified, and which in part are
mentioned by the authors themselves.
TIhe facts which Dr. Pettenkober claims
to have fully established are a* follows:
1. That it is not contagious in the
usual sense- of the word ; but that it can,
nevertheless, bo carried from one place
2. That it always follows the usual
rout es ofi commerce..
3. That no elevation above the level
of the ocean furnishes, a guaranty
against the disease, nor Is any 4epth
necessarily exposed to itt ravageq.
4. That no contag~ons cholera mat.
tsr la floating in the atmosphere, e,n4
that consequently the diapass is, npt
propngatedl IVg e,pge~pq.4*,,
*5 'That it is'not piitefthrough
6. That it is propagat'ed throngh the
7. That the earth reeblves and ae
Velops the choleri contagidn from the
excrements of dis6ased persons.
8.. That exotments from a diseased
person thrown intb a link dr privy, are
capable of transforting the whole mass
into a hearth of cholera contagion.
9. That the gasses disengaged by
the decomposition of organic substances,
especially of ex0renjents, pbnetrate the
earth, rise to the surface and become
then the cause of fevers and of cholera.
10. That there has not been a en
gle cae-ofcholera observed in Bavaria
that could not be traced to that species
11. That the stools of persons alct
ed with cholera, or that peculiar species
of diarrhea which usually pre edes
cholera, are more infectious than those
who are actually seized with the disease.
12. That cholera is always carried
to a p!aco where it has not yet appeared,
by a diseased person, and communica ted
through excremeitts brought in contact
with the estth ; and that therb is no
other way of propagating the disease.
Immediate contact with the patieft; in
haling the air of the sick room, washing
of the dead body, nay, evei dissecting
it after death, doer not cdmmunicate the
13. Not every species of earth acts
on the process of decomposition in like
manner, and the capacity for spreading
the contagion in the marner above stat.
ed varies, in consequence, with the com
position of the soils Un which dwellings
are build. On rocky foundation, gran.
ite or sandstone, cholera never becomes
epidemic. An alluvial soil, underlaid
with lime or clay, or any other cause
which keeps the ground moist, may be
come a teeming womb for the cholera
14. The cholera'poilon may be in a
persory from one to twenty-eight days
without manifesting itself. This fact
furnishes a measure for the distance to
which it may be carried from one place
16. The disease which is not com.
municated by co-itact is carried to the
inmates of houses. sleeping in rooms
exposed to the cholera poison as abova
16. If the cholera, as proved in
London, is more inytense and fatal in
the plain than on elevations, it will, on
investigation, be found that it is owing
to the better drainage, by which filth is
removed before it is decomposed, or
before it enters, as in damp and wet
soil, into process of fermentation. Dr.
Pettenkober found some of the worst
cases of cholera on hilse where the priv.
ies of houses still higher si.uated empti.
ed into sewers or sinks of improper fall.
Tht upperhouses were generally exempt
17. To prevent contagion, the stools
of cholera patients nmt be disinfected
before they are emptied. The best dis.
infecting agent is vitrol of iron (green
copperas). Chloride ofthme only puri.
fies the air, but does not destroy the
18. When strangers from cholera
districts are expecting to arrive, the
privies of hotels and boarding-hoiises
where they are expected' to put up
ought to be disinfected with vitrol of
iron-say onee a week. In the rooms
and corridors of hosritals turpentine
may be spread on paper and exposed to
the atmosphere. The ozone (electrified
oxygen, thus given out is the best puri
fier of the atmosph ere.
19. Care must be had net to allow
an~y linen to be washed which is soiled
with the excrements of a cholera patient.
The p recess of maceration, to which
soiled clot hew are usually subjected, is
capable of developing and commnunitat.
mng the disease in its worst form. Jamne
son fonnd the same truth in 181IT?'18
and '19 in India, without t racing it to its
20. Thor, are no other sanitary
regulations capable of preventing' or at
resting choler# in its progress, than- those
which' have refer.nce to .cleanMg and
purifffng those paces whiehV serve t
ti onveyhliman. excmits.
If the 'ab6ya ere f*ets, as blaimied,
h9w important that advantage should
be tlten or. the ignowledge of.thetb, par
ticulrly in N~ew,Orleans, where 61thy
gutters aide the rule, apd faculent mattel
fernments in theai M411I times. Hoew
poor a prUotion-iW a guatailtine, 'ha ii
pyeensregulatedi- ',dhloled is' etisani
nicated and _propagated as aboe, and
that iu s so. Ido' not doubt.
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