The three-fifths rule was rendered void by the adoption of Amendment XIII, which abolished slavery, since there were no longer the "other persons." That part of the clause which provides for the laying of direct taxes is still in force.

The Census.—In order to carry out the provision of the Constitution, an "actual enumeration" was made in 1790. Since that date there has been a census every ten years. The taking of the census and the compilation and publication of the statistics connected with it are under the supervision of the director of the census. Work on the thirteenth census was begun April 15, 1910, and required some 65,000 enumerators, 3500 clerks, and 1800 special agents. The cost was some $12,000,000. The most important volumes found in the report are those on population,[14] manufactures, and agriculture. The taking of the census will, in the future, be more economical and efficient because of the establishment of the permanent census bureau by an act of Congress in 1902.

[Footnote 14: The population of the United States, according to the first census, was 3,929,214. The population in 1910 was 91,972,266; including the possessions and dependencies, 101,000,000.]

Ratio of Representation.—The Constitution provided that there should be 65 members in the first House of Representatives. After the first census, Congress agreed that there should be one representative for each 33,000 of the population. This gave a house with 105 representatives. From that time the ratio of representation has been changed every ten years. Otherwise, with the rapid increase in population, the House would soon become too large. The ratio adopted by the act of 1911 was one representative to 211,877 people.[15] After March 4, 1913, therefore, there will be at least 433 members, an increase of 42.[16]

[Footnote 15: For the method of apportionment, see "Government in State and Nation," p. 128.]

[Footnote 16: The number of members in the English House of Commons is 670; in the French Chamber of Deputies, 584; and in the German Reichstag, 396.]

Members from New States.—Should a new State be admitted after the apportionment is made, its representatives are always additional to the number provided for by law.

The Constitution provides that each State shall have at least one representative. If this provision had not been made, the States of Arizona, Delaware, Nevada, and Wyoming, each having a smaller population than the ratio adopted in 1910, would not be represented.

Territorial Delegates.—The organized Territories are each entitled to send a delegate to the House of Representatives. He is allowed to speak on any question that has to do with his Territory, but may not vote.

Vacancies.—Section 2, Clause 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.

When a vacancy occurs in the representation from any State on account of death, expulsion, or for other cause, it is made the duty of the governor of the State in which the vacancy exists to call for a special election in that district to choose a representative for the remainder of the term.

Officers.—Section 2, Clause 5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.

The speaker, who is the presiding officer, has always been a member of the House, but the Constitution does not say that he shall be. The other officers are the clerk, sergeant-at-arms, doorkeeper, postmaster, and chaplain, none of whom is a member of the House.

Number and Term of Office of Senators.—Section 3, Clause 1. The Senate of the United States shall be composed of two senators from each State, elected by the people thereof, for six years; and each senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.

As we have seen, the provision that there should be two senators from each State was the result of a compromise. Consequently, New York and Pennsylvania have the same number as Delaware and Nevada.[17] The term of six years for senators was likewise a compromise measure. There were members of the convention who favored three years; others wanted nine years, and Hamilton desired that the term should be during good behavior. Many States have practically lengthened the prescribed term by the wise policy of returning acceptable senators for more than one term.

[Footnote 17: The Senate now contains 96 members; the English House of Lords, 560; and the French Senate, 300.]

Prior to April 8, 1913, when the Seventeenth Amendment became a part of the Constitution, through ratification by the requisite votes of three-fourths of the State legislatures, senators were chosen by the State legislatures. For years the demand for such an amendment was insistent. More than two-thirds of the State legislatures had gone on record in favor of such a reform. The House of Representatives had passed such a resolution a number of times, but the requisite two-thirds vote could not be secured in the Senate. The leading reasons for the amendment were: the frequent deadlocks in the legislatures, thus interrupting the course of regular legislation, and the use of bribery.

Classes of Senators and Vacancies.—Section 3, Clause 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year; and of the third class, at the expiration of the sixth year; so that one-third may be chosen every second year. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies. Provided, that the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any senator chosen before it becomes valid as part of the Constitution.

This provision makes the Senate a permanent body, since only one-third of the members go out of office every two years. In the first session of the first Congress, the senators were divided into three classes. It has been the custom to place the senators from new States in different classes. This is done in order to preserve, so far as possible, the equality of numbers in each class. Besides, a State is thus enabled to keep one man of experience in the Senate. When a new State is admitted, the senators from that State determine by lot, drawn in the presence of the Senate, which classes they are to enter.

Qualifications of Senators.—Section 3, Clause 3. No person shall be a senator who shall not hove attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State from which he shall be chosen.

The reasons for requiring different qualifications in senators from those of representatives is expressed in "The Federalist" as follows: "The propriety of these distinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages." The attitude of Americans toward the Senate to-day differs from that manifest during the first quarter century of our history. Has the Senate degenerated is a question frequently asked. The presence in that body of numerous millionaires has also excited unfavorable comment. There have been two instances only in which senators have been disqualified because of inadequate citizenship.

Times and Places for Electing Senators and Representatives.—Section 4, Clause 1. The times, places, and manner of holding elections for senators and representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the place of choosing senators.

It is desirable that Congress should have the final authority in providing for the election of its own members, because the very existence of the Union might otherwise be left, at times, to the whims of the State legislatures.

President of the Senate.—Section 3, Clause 4. The Vice-President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided.

Other Officers.—Section 3, Clause 5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.

The Vice-President of the United States is the presiding officer of the Senate. He cannot take part in debates, and has no vote unless there be a tie. In marked contrast with the power of the speaker, he cannot name the committees, and has no direct authority in legislation. Indeed, the office is regarded as one of so little influence that it is sometimes difficult to secure, as candidates for it, men of recognized prominence.

The other officers of the Senate are secretary, chief clerk, sergeant-at-arms, chaplain, postmaster, librarian, and doorkeeper, none of whom is a member of the Senate. It is desirable, in the absence of the Vice-President, that the Senate should have a presiding officer. At the opening of the session, therefore, that body chooses from its own members a president pro tempore. He may vote on any question, but cannot cast the deciding vote in case of a tie.

When Congress Meets.—Section 4, Clause 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

As we have already seen, representatives are elected for a term of two years. This period defines the length of a Congress. Representatives, as we know, are chosen on the first Tuesday after the first Monday in November. Now the term of office of a representative begins legally on the fourth of March succeeding the time of his election.[18] The first regular session of the Congress to which he was elected does not begin until the first Monday of the following December, or thirteen months after the election. It would seem desirable that the members should be given an earlier opportunity to express themselves on the issues upon which they have been chosen.

[Footnote 18: The limits of the 63d Congress will be March 4, 1913, to March 4, 1915.]

Sessions of Congress.—Each Congress has two regular sessions. The first is called the "long session," for its length is not determined by a definite date of adjournment. It usually lasts until midsummer and may not extend beyond the first Monday in December, the time fixed for the beginning of the next session. The second, or "short session," cannot extend beyond 12 M. of March 4, the time set for a new Congress to begin. The President may convene Congress in special session.

Organization of Congress.—The first Monday in December of each second year is a notable day in Washington, for the formal opening of a new Congress is regarded as an important event. The House of Representatives must go through the entire process of organization. To the clerk of the preceding House are intrusted the credentials of the members, and from these he makes out a list of those who are shown to be regularly elected. At the hour of assembly he calls the roll from this list, announces whether or not a quorum is present, and states that the first business is to elect a speaker. After his election the speaker takes the oath of office, which is administered by the member who has had the longest service in the House. The speaker then administers the oath to the members by States. The election of the chief clerk and the other officers follows, after which the House is said to be organized.

The Senate is a "continuing body," and no formal organization is necessary. At the opening of a new Congress the Vice-President calls the Senate to order and the other officers resume their duties. After the president pro tempore has been chosen, the newly elected members are escorted to the desk in groups of four, and the oath is administered by the president of the Senate. Each house, when organized, notifies the other of the fact, and a joint committee of the houses is appointed to wait upon the President and inform him that quorums are present and are ready to receive any communication he may desire to send.

The House of Representatives occupies a large hall in the south wing of the capitol. The desks of the members are arranged in a semicircle about that of the speaker, with the Republicans on his left and the Democrats on his right. When a member gains the floor, he speaks from his own desk or from the space in front of the speaker's desk. Unless the question is one of importance, but little attention is paid to the course of debate. Consequently a visitor can hear only with great effort because of the constant din produced by the shuffling of papers, clapping of hands for pages, etc. The real work of Congress, as we shall see, is done in committees. The Senate occupies a hall at the opposite end of the capitol. It is, of course, much smaller than that occupied by the House, but is similarly arranged. In general, the proceedings on the floor of the Senate are conducted in a much more orderly manner than is usual in the House.

* * * * *

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. What is the number of the present Congress? Give the dates for the beginning and end of each session.

2. In the States which have woman suffrage, may women vote for representatives?

3. It is not required by law that a representative shall reside in the district that he represents, but it is an established custom. What are its advantages and disadvantages? Compare with the English practice. Bryce, American Commonwealth, I, Chapter 19.

4. Are the States which allow women the right to vote justified in the enactment of their suffrage laws?

5. Ought Section 2, Amendment XIV, to be enforced? Rev. of R's, 22:273-275, 653, 654; 24:649-651; Forum, 31:225-230; 32:460-465; N. Am. Rev., 168:285-296; 170:785-801; 175:534-543; Outlook, 69:751.

6. State the points of likeness and of difference between the House of Representatives and the House of Commons. N. Am. Rev., 170:78-86.

7. Give the number of representatives to which your State is entitled. Was the number increased in the last apportionment? How large is your Congressional district? Population?

8. Compare the area of your district with that of other districts in your State; also with the population of other districts. Compare the number of votes cast for representative in your district with the number cast in districts of other States in different sections of the country. How do you account for the variation? See New York World Almanac.

9. Some interesting facts connected with the apportionment of 1901 are given in the Forum, 30:568-577.

10. For the Reapportionment Law of 1901, see Outlook, 67:136.

11. For accounts of the methods by which a census is taken, see American Census Methods, Forum, 30:109-119. Census of 1910, Rev. of R's, 41:589-596; 404, 405.

12. Who are some of the best-known representatives and senators? For what reasons are they noted?

13. Who are the senators from your State? When was each elected?

14. Give the names of the speaker and of the president pro tempore.

15. Would you have voted for the Seventeenth Amendment? See Outlook, 67:559-604; 73:277-285; 386-392. For other references, see James and Sanford, Government in State and Nation, p. 137.



CHAPTER VIII.

POWERS AND DUTIES OF THE SEPARATE HOUSES.

I. IMPEACHMENT.

Article II, Section 4. The President, Vice-President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Article I, Section 2, Clause 5. The House of Representatives shall ... have the sole power of impeachment.

Section 3, Clause 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

Section 3, Clause 7. Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law.

There have been but seven impeachment trials in the history of our government. Section 4 of Article II declares who may be impeached. The expression "civil officer" does not include military and naval officers. They are subject to trial by court-martial. Members of Congress may not be impeached, since the Constitution authorizes each house to bring to trial and punish its own members. Clause 5 of Section 2, and Clauses 6 and 7 of Section 3, Article I, give the method of procedure against an officer who may be charged with "treason, bribery, or other high crimes and misdemeanors." The articles of impeachment preferred by the House of Representatives correspond to the indictment in a criminal trial. The manner of conducting an impeachment trial, in the Senate, resembles also a trial by jury.[19] That the "Chief Justice shall preside" during the trial of the President of the United States is a wise provision, because it is easy to presume that a Vice-President might be personally interested in the conviction of a President.

[Footnote 19: See "Government in State and Nation," p. 159.]

II. THE QUORUM, JOURNAL, AND FREEDOM OF SPEECH.

Determination of Membership and Quorums.—Section 5, Clause 1. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide.

In 1900 the right of a senator to a seat in the Senate was challenged by the citizens of his State on the ground that his election was secured through bribery and corruption. In a memorial of the citizens forwarded by the governor, the matter formally came before the Senate. The case was referred to the Committee on Privileges and Elections, which unanimously reported, after careful deliberation, that the senator was not duly and legally elected by the legislature of his State. The committee found that he had obtained through illegal and corrupt practices more than eight votes which would otherwise have been cast against him and changed the result. Before a vote was taken in the Senate on this resolution the senator resigned his seat.

In the House the name of the person possessing the certificate of election signed by the governor of his State is entered on the roll of the House, but the seat may still be contested. Many cases of contested elections are considered by each new House. There were thirty-two seats contested in the 54th Congress. Such cases are referred to the Committee on Elections, which hears the testimony, and presents it to the House for final decision. Each of the cases when presented to the House consumes from two to five days which might otherwise be used for the purposes of legislation. The law provides that no more than $2000 shall be paid either of the contestants for expenses, but even then, it is estimated, these contests cost the government, all told, $40,000 annually. When the decision is rendered by the House, the vote is, in most cases, strictly on party lines, regardless of the testimony. In view of these facts, it has been suggested that the Supreme Court decide all contested elections.

How a Quorum is Secured.—If it appears, upon the count of the speaker, or upon the roll-call of the House, that a majority is not present, business must be suspended until a quorum is secured. Fifteen members, including the speaker, may be authorized to compel the attendance of absent members. This is accomplished as follows: the doors of the House are closed, the roll is called, and absentees noted. The sergeant-at-arms, when directed by the majority of those present, sends for, arrests, and brings into the House those members who have not sufficient excuse for absence. When a quorum is secured, business is resumed.

Rules and Discipline.—Section 5, Clause 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

The Journal.—Section 5, Clause 3. Each house shall keep a journal of its proceedings and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal.

Our Knowledge of Congressional Proceedings.—As citizens in a republican government, it is our duty to keep informed on the problems which our representatives are called upon to solve. Means of gaining information are not wanting. The public galleries of both houses are usually open to visitors. The official record of the proceedings of Congress is made known to the public through the Journal, which is read at the opening of each day's session. Reports of the debates do not appear in the Journal, but are published each day in the Congressional Record.

Another means of keeping constituents informed on the position of their representatives is through the recording in the Journal of the vote of each member when demanded by one-fifth of those present. In voting by the "yeas and nays," the clerk calls the roll of members and places after each name, "yea," "nay," "not voting," or "absent." The Senate rules specify this as the only method of voting. (Other methods of voting in the House are indicated on page 77.)

Power to Adjourn.—Section 5, Clause 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

If there is a disagreement between the two houses with respect to the time of adjournment, the President may adjourn them to such a time as he thinks proper. This right has never yet been exercised.

Compensation and Freedom from Arrest.—Section 6, Clause 1. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

Should the members of Congress be paid a salary, or should the office be regarded as exclusively one of honor? These questions were discussed at length in the Constitutional Convention. Some of the delegates favored the English custom, by which members of Parliament receive no salary. It was finally concluded to adopt the provisions as given, in order that men of ability, though poor, might become members of the National Legislature.

By a law of 1789 the compensation of senators and representatives was fixed at six dollars per day and thirty cents for every mile traveled, by the most direct route, in going to and returning from the seat of government. Prior to 1873 this amount was changed several times by act of Congress. The compensation then agreed upon and until 1907 was $5000 per year, with mileage of twenty cents, and $125 per annum for stationery. The speaker received $8000 a year and mileage. The president pro tempore received the same amount while acting as president of the Senate.

To many people $5000 seemed a large salary, but the great expense of living in Washington renders the salary quite inadequate. Members have been known to pay more than their salaries for house-rent alone. Accordingly, in 1907, the salary of senators and representatives was increased to $7500 and that of the speaker and president pro tempore of the Senate to $12,000.

To Hold Other Offices. Disqualification.—Section 6, Clause 2. No senator or representative shall, during the time for which he is elected, be appointed to any civil office under the authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office.

The purpose of this provision seems to have been to remove the temptation on the part of Congressmen to create offices, or to increase the emoluments of those already existing, in order to profit by such legislation. The exclusion of United States officials from seats in Congress was due to the desire of appeasing State jealousy, which asserted that the National government would in this way secure an undue influence over the State governments. It is advocated, with good reason, that members of the Cabinet should be privileged to take part in the discussion of measures in Congress which pertain to their own departments. Alexander Hamilton asked for this privilege. It was refused because of the belief that he would exert too great influence over the members. The precedent thus established has always been retained.

But since executive officers are often invited to present their views before committees of Congress, they may, in this way, exert great influence upon legislation.



CHAPTER IX.

HOW LAWS ARE MADE BY CONGRESS.

Methods of Procedure Developed by Custom.—Very little can be learned directly from the Constitution concerning the actual methods employed in the enactment of laws by Congress. In both houses the ways in which business is conducted have been developed by custom; and they have changed from time to time according to circumstances. These methods of procedure are different from those in use when the government was new. The principal reason for this is found in the growth of the amount of business that Congress must consider; this, in turn, has been caused by the growth of population and wealth, and by the expansion of business relations throughout this country and with other nations.

I. The Committee System.—An understanding of this system is necessary in order that we may follow the steps taken in the making of laws. Two facts made the committee system necessary in the houses of Congress. (1) The number of members, especially in the House of Representatives, is so large that business cannot be transacted quickly by the entire body. (2) The number of bills introduced is so very great that it is impossible for either house to consider all of them; hence it is necessary that committees shall examine the bills and decide which are worthy of consideration.

In the long session of the 61st Congress more than 33,000 bills were introduced into the House. The number of committees in the House was 61, the membership varying from 5 to 19. The most important House committees are those on Ways and Means (which has charge of all bills for raising revenue), Appropriations, Banking and Currency, Foreign Affairs, and Military Affairs. In the Senate of the 61st Congress there were 72 standing committees. The number of members on a committee was in most cases 9 or 11. A few of the Senate committees are those on Finance (corresponding to the Committee on Ways and Means in the House), Agriculture, Commerce, and Foreign Relations.

Both in the House and in the Senate every member is on some committee, and some members have places on several committees. In both houses the committees are elected. The chairman and a majority of the members of each committee are from the members of the party that has a majority in the house.

Steps in the Progress of a Bill.—(1) The first step in the progress of a bill is its introduction. This is done in the House by merely placing the bill in a basket on the clerk's desk. In the Senate the member introducing a bill rises and asks leave to introduce it.

(2) The bill is next referred to a committee.

(3) If the committee decides that the bill should go further they report it back to the house.

The house will in a great majority of cases pass or reject it according to the committee's recommendation. Few bills are debated in either house, and in the most of these cases the discussion has no influence upon the fate of the bill—it is meant merely to be heard or to be printed. Hence, it is in that intermediate stage between the reference of the bill to a committee and the report on it that the real work of legislation is accomplished.

The Power of Committees over Bills.—A committee may exercise the utmost freedom with respect to the bills referred to it. The greater number of bills receive no consideration whatever from the committees; these may never be reported if the committees see fit to ignore them. Other bills are amended by the committees, or new bills are substituted for them. Such is the power intrusted to Congressional committees. However, if a majority of the house wishes, it may take up for discussion a bill which one of its committees has decided not to report back.

Many of the important committees have separate rooms where their meetings are held. Here the members may confer in secret, or they may hold public hearings; i.e., persons are invited to give testimony or to make arguments. Frequently the majority members of a committee hold separate meetings, determine their policy, and then adhere to it regardless of the wishes of the minority members. The latter may present a separate report called the minority report of the committee.

Consideration of Bills.—(4) In the next step, the bill is brought before the house for consideration. How is it determined which bills shall be thus favored? In some measure this depends upon the importance and the merits of the bill; but it depends more upon the skill and influence of the member (generally the chairman of the committee reporting the bill) who is particularly interested in seeing it enacted into law. In the House of Representatives this important matter is most often decided by the Committee on Rules, which is composed of ten members, six being of the party that has a majority in the House. In most cases this committee decides which bills shall be considered, and how much time shall be given to the discussion of each one. So it is necessary for the chairman of a committee to make a previous arrangement with the speaker to be recognized before he can bring up his bill. But on Wednesday of each week the chairmen of committees may call up their bills in the order in which they secure recognition. And the Committee on Rules does not control the bills which the House takes out of the hands of committees.

II. The Power of the Speaker.—The speaker is the executive officer who sees that the decisions of the Committee on Rules are carried out. In most important matters it is necessary for a member to make an arrangement with the speaker in order to secure recognition when he wishes to address the House.

In exercising the power of recognition, the speaker will, of course, give both the sides a fair opportunity to debate upon important measures. He will not permit members to make motions or lengthy speeches merely for the sake of delaying some action to which they are opposed. Such actions are called obstructive tactics, or filibustering.

The Lobby, Log-rolling, and Patronage.—Not all the bills that come before Congress are passed or rejected because they are wise or unwise. The influences that determine the course of legislation at Washington are very numerous and complicated. Some of these influences are to a greater or less extent legitimate, and others are totally bad. The lobby, in its broadest sense, is composed of all those persons who go to Washington in order to exert pressure upon Congressmen in favor of or against certain measures. Some of the best laws and some of the worst are enacted through the influence of the lobbyist. Log-rolling is an important influence in determining legislation; a member votes for the pet measure of his fellow Congressman on condition that the latter will vote for the bill in which he is particularly interested. Political patronage is a great factor in determining votes in Congress; the power of members to recommend appointments, and the influences exerted in their favor by the appointees, often determine the question of their continuance in office. Consequently, there is a great temptation to use patronage in exchange for votes. The use of money directly in bribery is difficult of detection, but other favors and privileges of money value are no less effective in the purchase of the votes of those members who are so unscrupulous as to be open to such influences.

Debate in Congress.—It is now apparent that many other things besides the arguments used in debate determine which bills shall pass and which shall fail. In the House the time for debate is strictly limited, on account of the amount of business. The chairman of the committee reporting a bill generally has one hour in which to urge the passage of his measure; for a portion of the time he may yield the floor to other members, both friends and opponents of the bill. Of course, much more than one hour is given to debate on important bills. Many of the speeches which are printed in the Congressional Record have not been delivered; but they are intended for circulation among the constituents of representatives, and for use as campaign documents. Many of the speeches that are actually delivered receive scant attention; the lack of interest in them is made evident by the noise and confusion that very often prevail during sessions of the House.

Senate Procedure.—In the Senate debate is not limited. Senators are expected to regard each other's rights with respect to the amount of time and attention they may demand; yet a bill may be "talked to death" in the Senate. As a result, the Senate is less business-like in its procedure than the House, and some means of checking unlimited discussion have often been proposed for it.

Conference Committees.—A bill which has passed one house must be sent to the other. Here it is introduced and goes through the stages above described. If one house amends a bill which has already passed the other, it must be returned for re-passage to the house where it originated. This is a frequent cause of conflict between the two houses, and each tries to insist on its rights.

When such a dispute cannot be easily adjusted, a conference committee must be appointed. This is composed of members from each house, and they endeavor to arrange a compromise which will be acceptable to both houses. Generally their decision is ratified without question, but sometimes even this method of settlement fails.

Methods of Voting.—There are three methods of voting in Congress. (1) Members respond "aye" or "no" by acclamation. (2) If a division is called for, a rising vote is taken and the members are counted. In the House the counting is done by two tellers, who stand near the speaker's desk, while the members pass between them in single file, first those voting in the affirmative, and afterward those opposing the motion. (3) When the "yeas and nays" are called for, or whenever the rules of either house require them, the roll is called and each member votes as he responds to his name. This vote is entered on the Journal.

After the roll-call is completed, the presiding officer announces the pairs. Members who belong to different political parties may agree that they shall be recorded on opposite sides of party questions, whether they are present or not. Or pairs may be arranged for particular votes only. This device enables a member to be absent from his seat without feeling that his vote is needed.

The President's Power in Law-Making.—A bill which has received a majority vote in both houses is next sent to the President.

Article 1, Section 7, Clause 2. Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

There are then three ways in which a bill may become a law. (1) It may pass by majority vote in both houses and be signed by the President. (2) It may, after being vetoed by the President, be passed by two-thirds vote in both houses. (3) It will become a law if the President neither signs nor vetoes it within ten days, unless these are at the end of the session.

The framers of the Constitution intended that the veto power should be a check, though not an absolute one, upon hasty or unwise legislation. The President may cause a bill to fail by neither signing nor vetoing it during the last ten days of a session. The term pocket veto has been applied to this method of defeating bills.

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. Copies of the Congressional Record and the Congressional Directory furnish interesting illustrations of the topics treated in this chapter.

2. What difference is there in the granting of recognition in the Senate and House? Harrison, This Country of Ours, 45-48.

3. How are obstructive tactics carried on? Alton, Among the Law-makers, Chapter 20.

4. Reinsch, Young Citizen's Reader, 198-213. Marriott, Uncle Sam's Business, 8-16.



CHAPTER X.

SOME IMPORTANT POWERS OF CONGRESS.

I. NATIONAL FINANCES.

The Power of Taxation.—When we speak of the finances of a country, we mean its revenues and expenditures. Revenues have their origin chiefly[20] in taxation, and the power vested in Congress by virtue of which taxes are imposed and collected is found in the following clause:

Article I, Section 8, Clause 1. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States.

[Footnote 20: Considerable sums are derived by our National government from the sale of public lands. See Chapter on Territories and Public Lands.]

Duties on Imports.—The two forms of taxes relied upon by the United States for its revenues are (1) duties and (2) excises.[21] A duty is a tax levied upon goods that are imported into the United States.[22] The merchant doing business in New York, for example, cannot obtain possession of the goods he has imported until the officers of the custom-house at that port have examined the invoice, or the list of articles in each package, with their prices; and the officers may examine the goods, also, to see if they correspond in amount and quality to the statements of the invoice. The importer then pays to the collector of the port of New York the amount of the duty levied on his importation.

[Footnote 21: The terms duties and imposts have nearly the same meaning.]

[Footnote 22: Duties on exports are prohibited in Section 9, Clause 5, of Article I: No tax or duty shall be laid on articles exported from any State.]

Kinds of Duties.—These are of two kinds. (1) Specific duties are fixed amounts levied on certain units of measurement of commodities, as the pound, yard, or gallon. Under the tariff law of 1909 the duty on tin-plate was one and two-tenths cents for each pound. (2) Ad valorem duties are levied at a certain rate per cent on the value of the articles taxed. The law of 1909 laid a duty of 60 per cent on lace manufactures.

On some articles both kinds of duties are levied. Under the law just mentioned, the duties on carpets and rugs were 10 cents per square foot and 40 per cent ad valorem in addition.

Passengers on steamships coming from foreign countries are required to declare what dutiable goods they have among their baggage, each person being allowed to enter $100 worth of goods free of duty. Upon landing, their baggage is examined; trunks and valises are opened, and in suspected cases the persons of travelers are searched for concealed dutiable goods. The temptation to undervaluation and to smuggling, in order to escape this form of taxation, is so great that constant vigilance is necessary at custom-houses and along the borders of the United States to prevent these frauds. Special agents and revenue cutters are employed to detect violations of the law.

Tariff Laws.—A tariff is the list of the rates of duties fixed by law. An importer of foreign goods must consider the amount of the duties he has paid as part of the cost of the goods when he sells them. If a higher price is caused in this way, less of such goods will be imported and the production of the goods in this country will be encouraged. Consequently, high rates of duties may have a decided influence upon the industries of a country. When the rates of duties are so fixed as to bring about this result, we have a protective tariff; i.e., one under which persons can produce in this country certain articles which otherwise they could not produce, because of their cheapness when imported from a foreign country. The duties are made so high that it is not profitable to import the articles. When rates of duties are fixed primarily with the object of raising revenue, and without regard to their effect upon the industries of the country, we have a tariff for revenue. This kind of tariff is generally meant when the term free trade is used. Articles on which no duties are imposed are said to be on the free list. There is no country which fails to collect duties on some of its importations.

Reciprocity Agreements.—The United States has entered into reciprocity treaties with various countries for securing the reduction of tariff rates. Each country agrees to admit certain products of the other country at reduced rates, or free of duty. These are generally commodities in the production of which there is little or no competition between the parties to the treaty.

Internal Revenue Taxes.—Excises are taxes laid upon the manufacture and sale of certain products within the country. At the present time these internal revenue taxes are levied by the National government upon liquors,[23] tobacco, snuff, opium, oleomargarine, filled cheese, mixed flour, and playing cards. The greater number of these taxes are paid by the purchase of stamps, which must be affixed, in the proper denominations, to the articles taxed. When the packages are broken, the stamps must be destroyed so that they cannot be used again.

[Footnote 23: Taxes are levied, not only upon the liquors themselves, but upon the business of brewing and rectifying; of selling by wholesale and by retail; of manufacturing stills; and upon the stills themselves. A list of these taxes may be obtained from the collector of any internal revenue district.]

War Taxes.—Because taxes of this kind are so easily collected, the government has extended them to a great number of articles when it suddenly needed a large revenue, as in the War of 1812, the Civil War, and the Spanish War of 1898. The law of 1898 increased the taxes on liquors and tobacco, and imposed new taxes on (1) proprietary articles, and (2) documents. Under the first heading fall patent medicines and compounds of various kinds. Documentary taxes[24] were imposed upon legal papers, such as deeds, mortgages, etc., and also upon bank checks and drafts, telegraph and telephone messages, and express receipts. Under this law the internal revenue receipts rose from $170,000,000 in 1898, to $273,000,000 in 1899. Congress has repealed these special war taxes.

[Footnote 24: These were exactly like those imposed by Parliament in the Stamp Act of 1765.]

Corporation Tax.—In 1909 Congress levied a tax upon corporations. Every corporation doing interstate business is required to report its earnings and its expenses. The difference between these amounts is its net earnings. The law requires the payment of one per cent of the net earnings that are in excess of $5000.

Rules for Levying Taxes.—The Constitution contains three rules by which Congress must be guided in the levying of taxes. We have seen, Article I, Section 8, Clause 1, that duties, imposts and excises must be uniform throughout the United States; that is, the same rates must prevail everywhere. Another provision, Article I, Section 2, Clause 3, is that representatives and direct taxes shall be apportioned among the several States ... according to their respective numbers.[25]

[Footnote 25: See also Article 1, Section 9, Clause 4: No capitation, or other direct, tax shall be laid unless in proportion to the census or enumeration hereinbefore directed to be taken.]

The third provision is the Sixteenth Amendment, which became a part of the Constitution in February, 1913: Article 16. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

We have, therefore, the following classification:—

I. Direct persons,[26] Must be apportioned among taxes, lands, the States according to levied on population.

II. Indirect duties, Must be uniform throughout taxes imposts, the United States. excises, income taxes.

[Footnote 26: These are poll taxes. Such a tax was levied on slaves in 1798 and 1813.]

So far, we have discussed the indirect taxes only, for at present the United States levies no direct taxes. In our previous history, however, the government has imposed all the kinds of taxes mentioned in the outline above. In levying a direct tax, Congress must determine the total amount to be raised (as $2,000,000 in 1798, and $20,000,000 in 1861), and then apportion this amount among the States, according to their population.

The bills introduced into Congress which provide for taxation are called "bills for raising revenue." They must originate in the House of Representatives (Article I, Section 7, Clause 1). The Committee on Ways and Means frames these bills. In the Senate such bills are referred to the Committee on Finance, and here the bills may be amended.

The Appropriation of Money.—Appropriation bills are those which provide for the expenditure of the government's funds, and these bills are in charge of the committee on appropriations in each house.

Below is a list of the principal items in the revenues and appropriations for the year ending June 30, 1910.

REVENUES. Duties $333,000,000 Internal revenue 290,000,000 Miscellaneous 52,000,000 —————- Total $675,000,000

EXPENDITURES. War Department $156,000,000 Navy Department 123,000,000 Indian Bureau 18,000,000 Pensions 160,000,000 Interest on public debt 21,000,000 Civil list and miscellaneous 180,000,000 —————- Total $659,000,000

The Power to Borrow Money.—We have now seen how money is provided for the government under ordinary circumstances. In extraordinary cases this revenue is not sufficient; accordingly, Congress has been given power by Article 1, Section 8, Clause 2, To borrow money on the credit of the United States.

Money is borrowed in most cases by the sale of bonds. These are of the same nature as the promissory notes by which individuals obtain loans. National bonds state the promise of the United States to pay a certain amount, at a stated time, with interest. A "registered" bond contains the name of the owner, and this is a matter of record at the Treasury Department. When this bond is sold, the record must be changed. "Coupon" bonds are usually payable to bearer; they have attached to them a number of coupons equal to the number of interest payments due during the term of the bond. Each of these is cut off as the payment becomes due, and can be cashed at any bank.

Bonds are bought and sold on the market, and their prices are quoted in the daily papers. When the bonds fall due, they are redeemed by the government at their face value, or "at par." On the market all United States bonds are now selling "at a premium." Issues of bonds were made in 1898, the rate of interest being 3 per cent, and in 1900, the rate being 2 per cent. The Public Debt Statement issued monthly by the Treasury Department gives the divisions of the bonded debt and the amount outstanding. On December 1, 1910, the amount of the interest-bearing debt was $913,000,000.



II. THE POWER OF CONGRESS OVER COMMERCE.

The Control of Commerce.—The power over commerce, which we are next to discuss, was given to Congress because the history of the country under the Articles of Confederation showed clearly that State control of commerce resulted in confusion and constant disputes. It is necessary that merchants and ship-owners should conduct their business under laws that are as uniform as possible. It is also necessary that they should be certain as to the terms of the law. These conditions could not exist if each State were to make laws controlling the commerce going to other States and to foreign countries.

The Constitution gives Congress the power, in Article I, Section 8, Clause 3, To regulate commerce with foreign nations, and among the several States, and with the Indian tribes. Not all commerce that is carried on by the citizens of this country is subject to control by Congress.

There is a vast amount of commerce that is carried on entirely within the limits of the different States. Over this commerce Congress has no power; it is regulated by State laws relating to trade and transportation.

Interstate Commerce.—The distinction between State and interstate commerce is not readily seen in many cases; but in general it may be said that if a commodity starts in one State destined for another, its control throughout its course lies within the power of Congress. This principle applies to both land and water transportation. So the coast trade among the States lies within the jurisdiction of Congress; also, commerce upon those rivers that form highways between different States. The harbors and waterways of the United States have been improved by the expenditure of many millions of dollars. This money has been appropriated in the "River and Harbor Bills" that are passed by almost every Congress.

The Interstate Commerce Law.—The importance of railroad transportation led to the enactment, in 1887, of the "Interstate Commerce Law," controlling this form of commerce. The law became necessary because of certain abuses which had arisen. In many instances the railroads gave lower freight rates to certain persons than to others doing the same kind of business; again, the merchants or manufacturers of certain cities were favored by more liberal rates than could be obtained by those who were engaged in the same industries in other cities. As a result, the business of many persons and places suffered injury, while the business of their rivals prospered through the advantages given to them by the railroads.

In consequence of these and other evils, various laws, beginning with that of 1887, have been passed to control not only railroad and steamboat lines, but also telegraph, telephone, express, and sleeping-car companies in so far as they are engaged in interstate and foreign commerce.

Some provisions of these laws will now be stated, (1) Charges must be just and reasonable. The Interstate Commerce Commission has power to decide what is reasonable, and to fix rates, after an investigation. (2) It is unlawful to give one person or corporation a better rate than another for the same service. This is called "discrimination." Passes cannot be granted, except to employees. (3) All rates must be posted where they can be consulted by any person. (4) All companies engaged in interstate commerce must open their books to inspection by the commission and must make reports that they require. (5) If any person objects to a decision of the commission, he may appeal to the Commerce Court, which has been created to consider such cases.

The Control of Trusts.—Among the abuses arising in connection with interstate commerce are those which result when persons enter into agreements or combinations to prevent free competition; for under these circumstances prices are raised, or certain persons are favored in trade. In 1890, Congress passed a law prohibiting such combinations "in restraint of trade or commerce among the several States or with foreign nations." This is known as the Sherman Anti-trust Law.-Now, a trust is simply a large corporation which has absorbed or killed off, more or less completely, other establishments engaged in the same industry. The trust may or may not have a monopoly, that is, complete control in that line of business; and it may or may not be engaged in interstate commerce. An agreement among certain, railroad companies to establish and maintain freight rates was declared to be in violation of the law of 1890. Also, a combination, or "conspiracy," among railroad employees to stop the running of trains was declared illegal.

The "trust problem," which is so prominent in current political discussion, is the question of preventing the evils of combination in industry. These evils become evident when excessive prices are charged by persons who control certain lines of business; that is, when free competition is prevented in the production, transportation, or sale of commodities. If the business conducted by a trust lies entirely within the limits of a single State's boundaries, then it must be regulated by State law.

III. THE MONEY of THE UNITED STATES.

Our National Currency.—Another of the most important powers of Congress is that granted in the following clause:—

Article I, Section 8, Clause 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.

In civilized countries it is the practice of the government to furnish the people a "circulating medium" for use in trade and commerce. Two kinds of money are in use in the United States: (1) coin or specie; and (2) paper money. The total amount of money in circulation in the United States on November 1, 1910, was $3,124,679,057 or $35.01 per capita for the whole population. We shall first consider the coins of the nation.

How Coins Are Made.—The coinage of money takes place at the mints, which are located at Philadelphia, Denver, New Orleans, and San Francisco. Gold and silver come to the mints in the form of bricks, or rough bars, to which the term bullion is applied. Alloy must be added to the pure metal for the purpose of rendering it of sufficient hardness to withstand wear. In our gold and silver coins one-tenth of the weight is an alloy composed of copper and nickel. A quantity of the bullion of the required purity is first melted and then cast into ingots, or long bars. Each bar is next run between heavy rollers until it takes the form of a thin strip. From the strip are punched round pieces, called "blanks," of the size and thickness of the coin that is being made. In the next process the blank is weighed on a delicate balance; when found to be of the correct weight, the coin is placed in a powerful press, and from this it comes with its edge raised above the face and its edge milled. In a similar press the designs are stamped upon the faces of the coin.

Below is a list of the coins now being minted.

GOLD Coins.[27]

Double eagle Half-eagle Eagle Quarter-eagle

SILVER COINS.

Standard dollar Quarter-dollar Half-dollar Dime

MINOR COINS. Five-cent (nickel) One-cent (bronze)

The silver coins less in value than one dollar are called subsidiary coins.

[Footnote 27: No gold one-dollar pieces have been coined since 1890.]

The Ratio of Gold and Silver Coins.—The law fixes the weight of pure metal in a silver dollar at 371.25 grains, troy weight, and that of the pure metal in a gold dollar at 23.22 grains. The ratio of these weights is 15.988+: 1, or nearly 16:1. This indicates the origin of the famous expression, "sixteen to one."

Free Coinage.—By free coinage is meant a policy established by law, under which any person may bring bullion to the mint in any amount and have it coined; that is, the amount which the government will coin is unlimited by law. Our country has always had the policy of free coinage with respect to gold. This was also the policy in the coinage of our silver dollars until 1873. At that time the coinage of the silver dollar was discontinued until a law was passed in 1878 (the Bland Act) renewing its coinage, but in limited quantities. The government purchased silver bullion under this law, and under the Sherman Act (1890), but since 1893 no silver bullion has been purchased for the coinage of silver dollars, but the bullion already on hand has been used for this purpose.



Paper Money.—We have in the United States five kinds of paper money in general circulation:—

Kinds. Amounts in circulation, Nov. 1, 1910. 1. United States notes $341,000,000 2. Gold certificates 836,000,000 3. Silver certificates 483,000,000 4. National bank notes 706,000,000 5. Treasury notes of 1890 3,500,000

The History of United States Notes.—United States notes, or "greenbacks," as they are commonly called, originated during the Civil War. When the government was without specie (i.e., gold and silver money) with which to purchase supplies for the army and pay other expenses, it issued these notes. Each note says on its face, "The United States will pay to bearer $——." Since no time was set for the fulfillment of this promise, and since there was neither gold nor silver in the Treasury with which to redeem the notes, people would naturally hesitate to accept them in payment for goods or salaries. Consequently, Congress made the notes "legal tender";[28] that is, the law compelled creditors to receive this kind of money in payment for debts. The notes passed into circulation, therefore, because people were forced to take them; but their value depreciated greatly during the war. In 1879 the government began the redemption of the notes in specie, and since that time they have been worth their face value.

[Footnote 28: Our full legal-tender coins at present are the gold coins, silver dollars, United States notes, and Treasury notes of 1890. Subsidiary silver coins are legal tender in amounts not greater than $10.00, and the minor coins are legal tender to the amount of twenty-five cents.]

Gold and Silver Certificates.—It is much more convenient to handle paper money than coins. When a person deposits gold or silver coin in the Treasury, he may receive these certificates in exchange. Consequently, the value of these certificates in circulation represents an equal amount of gold coin and silver dollars stored in the United States Treasury and ready for exchange for the certificates at any time.

National Bank Notes.—The fourth kind of paper money is issued by National banks. These are organized under United States law and subject to control by an officer of the Treasury Department. Like banks that are organized under State law, National banks conduct the ordinary banking operations. That is, they receive deposits, loan money, and buy and sell drafts in the ordinary course of business. In addition, these banks are given the right "to issue notes." In doing this, the bank first buys on the market a certain amount of United States bonds; these it sends to the Treasury at Washington and leaves there on deposit. The bank will then receive from the Treasury "National bank notes" equal in amount to the face value of the bonds deposited. These notes say that "The National Bank of —— will pay the bearer $——, on demand." Now, the bank may fail, i.e., it may not be able to pay what it owes to its depositors and other creditors. But the holders of National bank notes will not suffer loss. For the Treasury will sell the bonds and thus obtain cash with which it can redeem the notes held by individuals.

The amount of Treasury notes of 1890 is comparatively small, and this kind of money is destined to disappear within a few years.

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. The tariff schedule in force at the present time may be found in newspaper almanacs. Is this tariff high, low, or moderate in its rate?

2. The Statistical Abstract, published by the Bureau of Statistics of the Treasury Department, gives the list of items upon which duties and internal revenue taxes are collected, and the amounts yielded by each for a series of years; the expenditures of the government, with the chief items; a statement of the National debt; and statistics concerning the money of the United States. See also any newspaper almanac.

3. Why do liquors and tobaccos bear the heaviest excise taxes? What reasons can you give for taxing the other articles mentioned on pp. 82-83?

4. Because our coins contain one-tenth alloy, they are said to be nine-tenths fine. Calculate from the weights of pure metal, given on p. 91, the total weights of the gold and silver dollars.

5. For information concerning the Act of Congress fixing a "standard of weights and measures," see Government in State and Nation, 188-189.

6. The depreciation of the United States notes, referred to on p. 92, is shown graphically in Government in State and Nation, 185.

7. For our money, see Reinsch, Young Citizen's Reader, 101-103; Marriott, Uncle Sam's Business, 97-119; 165-172; Century Book for Young Americans, 121-134.

8. On commerce, read Harrison, This Country of Ours, 65-67.

9. Finances. Harrison, 59-65, and Chapter 12; Marriott, 109-127.



CHAPTER XI.

OTHER GENERAL POWERS OF CONGRESS.

I. POWER OF NATURALIZATION.

Who Are Citizens.—Who are citizens of the United States is always a question of interest. We find it clearly answered in the first clause of the Fourteenth Amendment as follows: All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States, and of the States wherein they reside.

Thus there are two classes of citizens: (1) those who are citizens by birth; (2) those who have been naturalized. Children born in this country, though of foreign parentage, and residing here, may be considered American citizens if they choose. According to an Act of Congress, passed in 1882, Chinese aliens may not be naturalized; but our Supreme Court has decided that a child born in the United States of Chinese parents is a citizen, if he desires to be. Though born in a foreign country, a child whose father is an American citizen may claim the privilege of American citizenship. Indians who keep their tribal relations are not included under the provisions of this section.

Naturalized Citizens.—The second class of citizens are those who are naturalized. That the rules should be uniform by which aliens become citizens, is self-evident. After a brief discussion, the Constitutional Convention provided in Section 8, Clause 4, that Congress shall have the power to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States.

Process of Naturalization.—(1) The foreigner desiring to become a citizen goes before the clerk of any court of record and declares, "upon oath," that it is his intention to become a citizen of the United States, and to renounce all allegiance to the government which has jurisdiction over him. He then receives his "first papers." (2) After he has resided in the United States for five years, providing two years have elapsed since his "declaration of intention," he may secure his certificate of naturalization. He must appear in open court and swear that he will support the Constitution of the United States, and renounce all allegiance to any foreign power. Two witnesses must testify to his term of residence, and declare that he is a man of good moral character. The applicant must be able to speak the English language. His wife, and those of his children who are under twenty-one years of age, become citizens at the same time. In certain cases Congress has, by a single act, admitted large numbers of aliens to American citizenship, as it did at the time of the purchase of Louisiana, the annexation of Texas, and of Hawaii.

Bankrupt Laws.—It sometimes happens, because of general depression in trade throughout the country, on account of losses, or for other reasons, that business men become heavily involved in debt. They are said to be insolvent. Now, it is but just that such property as they have should be divided in some equitable way among the creditors. A bankrupt law secures such a division, and the debtor is, at the same time, freed from all legal obligation to pay the debts which cannot be met in this way. The first law of Congress on this subject was passed in 1802, and repealed in 1803. Since that time there have been three other bankrupt laws, but the total time during which they have been in force amounts only to some twenty years. The last law, that of 1898, is still in operation.[29]

[Footnote 29: See "Government in State and Nation," p. 193, for a further discussion of bankrupt laws—especially that of 1898.]

Some States have also passed insolvency laws. However, these must not in any way conflict with the provisions of the National bankrupt laws.

II. THE POSTAL SYSTEM.

Organization of the Post-office Department.—We can appreciate somewhat the advancement made in the postal service rendered by the government when we read that an Act of Congress in 1782 directed that mail should be carried "at least once in each week from one office to another." Our well-organized postal system, declared recently by the Postmaster-General to be the "greatest business concern" in the world,[30] has been evolved through laws made in carrying out the provision of the Constitution that Congress shall have power to establish post-offices and post-roads.

[Footnote 30: The total receipts of the Post-office Department for 1910 were $224,128,657.]

As is well known, the Postmaster-General, a member of the President's Cabinet, is at the head of this department of government. One of the chief burdens of the Post-office Department was formerly the appointment of the so-called fourth-class postmasters, intrusted to the Fourth Assistant Postmaster-General. Executive orders of Presidents Roosevelt and Taft placed 50,000, or about five-sevenths, of these postmasters in the classified service. An order of President Wilson, in 1913, applied the merit system to these offices, by which these postmasters were compelled to demonstrate their fitness for these appointments. This order included all fourth-class postmasters except those paying less than $180 a year. The other three classes, in which are included those postmasters whose salaries are not less than $1000, are appointed by the President, with the consent of the Senate.

Classes of Mail.—Mail matter belongs to one of four classes. In general, the classes and rates are as follows: First class—letters, two cents an ounce; second class—newspapers and periodicals, one cent a pound; third class—books, one cent for two ounces; and fourth class—merchandise, limited to four-pound packages, one cent an ounce.

Free Delivery.—Among the notable advances in the mail service was the provision for the free distribution of mail in the cities of 10,000 inhabitants, or where the annual postal receipts are $10,000 and above.

Rural Free Delivery.—No innovation in postal methods has been more successful than the free delivery of mails in the country districts. The development of the system, since its establishment in 1897, has been remarkable.[31]

[Footnote 31: According to the report of the superintendent for the year ending June 30, 1910, 41,079 routes had been established. The rural population receiving daily mail service amounted to more than 18,000,000. Two thousand one hundred and twenty-four new rural routes were authorized in 1911, aggregating 51,230 miles in length. President Taft urged a further extension of the system.]

Among the good effects resulting from its extensive introduction may be mentioned the following: (1) Correspondence in the communities affected has increased. (2) The circulation of the daily newspaper and of periodical literature has been greatly enlarged, and interest has grown in public affairs. (3) Good roads have been multiplied, for they are made one of the conditions for the introduction of the service. (4) Because the country districts are brought into daily communication with the centres of population, the tendency to quit the farm for the town has been lessened and thus rural free delivery is helping, in some degree, to solve one of the problems of our social and industrial life.

Postal Savings-Banks.—At various times bills have been before Congress providing for the establishment of postal savings-banks in connection with post-offices. It is proposed that they shall receive small amounts on deposit, paying a low rate of interest, and that the funds secured be invested in government bonds. A law was passed in 1910 which provided for the establishment of postal savings-banks. The plan has proved a success.

Some of the Defects in Our Postal System.—(1) For thirty years prior to 1911 there has been an annual deficit of several million dollars. This was caused largely through the transportation of second-class matter, so-called periodical publications. But in 1911 there was a postal surplus of nearly $220,000, which was due largely to more business-like methods in management. That this is an unjust drain upon the public funds is clear, when we consider that, in a recent year, the government expended $17,277,783 more than it received for carrying second-class mail. (2) Another serious defect has existed in the payment of exorbitant rates to railroad companies for carrying the mails. (3) Some Congressmen abuse the privilege granted them of sending government publications free. (4) The postal system has offered one of the best fields for the manipulation of the spoilsman. Postmasters have been usually appointed on the recommendation of representatives, and, too frequently, the one essential to securing an office is that the applicant must be influential in politics.

Parcels Post.—On January 1, 1913, a far-reaching innovation was put into operation by the Post-office Department. The parcels-post system was used for the first time. Bills providing for such a system had been introduced into Congress, but failed to pass owing largely to the opposition of express companies and other common carriers.



III. COPYRIGHTS AND PATENTS.

Copyrights and Patents.—Section 8, Clause 8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries.

The development of American literature has been greatly aided through the operation of laws based on this clause. Copyrights are secured from the Librarian of Congress. Any person obtaining a copyright has the sole right to print, copy, or sell the book, chart, engraving, music, etc., for a period of twenty-eight years. A copyright may be renewed for fourteen years longer. It may be sold or transferred providing a record of the transfer be made in the office of the Librarian of Congress within sixty days.

Patents.—Americans have been rightly named the great inventors of the world. Not a little of our marvelous industrial progress has been due to this inventive ability. The government has contributed to the same end, through the enactment of laws protecting those inventors who secure patents. A person desiring a patent must declare upon oath, in his petition addressed to the Commissioner of Patents, that he believes himself to be the first inventor of the article for which he solicits a patent. The sum of fifteen dollars is charged for filing the application, and twenty dollars for issuing the patent. A patent is granted for seventeen years, but may be extended for seven years more. During this period, the patentee has the exclusive right to manufacture, sell, or transfer his invention.[32]

[Footnote 32: In the year 1910, 37,421 patents were granted by our government.]

IV. MILITARY POWERS IN CONGRESS.

Section 8, Clauses 11, 12, 13, 14. _To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years.

To provide and maintain a navy.

To make rules for the government and regulation of the land and naval forces._

The Army.—Americans are always impressed by the military spirit so prevalent in European nations. Compared with the standing army of Germany, which has some 700,000 men, and with that of Russia, containing 1,000,000 men, or with that of most European nations, our army is insignificant in size. According to a law of 1901, the army of the United States cannot contain more than 100,000 men.[33]

[Footnote 33: The minimum number of men was fixed at 57,000. In 1908, the number of officers and men in the army was 72,628.]

Fortunately, there has always existed in the United States the desire to keep the standing army from becoming unduly large. The Constitution itself indicates that appropriations for the army shall not be for a longer time than two years. At the end of this period, the people may check the growth of the army through the election of representatives opposed thereto.

Officers and Classification of the Army.—The President is, ex officio, commander-in-chief of the army and navy of the United States. The office of general was created, by Congress, March 3, 1799, but was not filled. It was revived in 1866 for General Grant, General Sherman succeeding to the title in 1869. The same rank was bestowed on General Sheridan in 1888. The lieutenant-general is next in rank to the general. The army is distributed geographically as follows: Division of the Philippines and the Departments of California, of the Colorado, of the Columbia, of Dakota, of the East, of the Lakes, of the Missouri, and of Texas. The division is in charge of a major-general, and the departments are each in charge of a major-general or of a brigadier-general. The commands which correspond to each grade are: major-general, four regiments; brigadier-general, two regiments; colonel, one regiment; lieutenant-colonel or major, a battalion or squadron; captain, a company. As now organized, infantry regiments consist of 12 companies, of 65 men each. Cavalry regiments contain 12 troops, each having 65 enlisted men.

The Navy.—We are told by competent authorities that one of our best means of preserving peace with foreign powers is to maintain a strong navy. This has become much more necessary since the United States has begun to acquire insular possessions. Although the construction of the modern American navy was not begun until 1883, there has been a notable advance within the past few years. In 1910 it was estimated that our navy is excelled in strength only by that of Great Britain. Congress, in 1910, continued the policy of "adequate preparation" by authorizing the construction of two battle-ships a year.

Names of Vessels.—A ship of the first class is given the name of a State; one of the second class that of a principal city or river, and the names for ships of the third class are selected by the President. The navy now contains 312 vessels.

Officers in the Navy.—The titles admiral and vice-admiral, corresponding to the grades of general and lieutenant-general in the army, were created by act of Congress to be bestowed on the following men as recognition for distinguished services during the Civil War: Admirals Farragut and Porter; and Vice-Admirals Farragut, Porter, and Rowan. Admiral Dewey was granted his title by a special Act of Congress after the Battle of Manila. The officers of the navy ranking with major-generals, brigadier-generals, colonels, and so on, in the army, are rear-admirals, commodores, captains, commanders, lieutenant-commanders, lieutenants, masters, ensigns.

The Militia.—With but little opposition in the Constitutional Convention, Congress was given the power to make provision for citizen-soldiers as follows:—

Section 8, Clause 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions.

Clause 16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.

Number of the Militia.—All able-bodied male citizens of the United States and males between eighteen and forty-five years of age who have declared their intention to become citizens are regarded as the militia force of the country. As a matter of fact, there are at present only about 100,000 men enrolled in this service. But in the case of an emergency the President may compel the governors of the various States to furnish the troops needed. The militia may thus be called into service, under their own State officers, for a period of nine months. The War of 1812 and the Civil War furnish the best illustrations of the enforcement of this provision.

Volunteers of 1898.—We should note here the manner in which men were secured for the war against Spain. We see, according to Clause 15, that the militia may be called out only for the purposes of executing the laws of the Union, suppressing insurrections, and repelling invasions. Now, in the case given, the war was to be conducted in foreign territory, and President McKinley called for 200,000 volunteers. It was understood, however, that preference would be given to those volunteers who were already members of the organized militia.

V. LOCATION OF THE CAPITAL.

Section 8, Clause 17. Congress shall have the power to exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings.

One of the most interesting contests in American history arose in the selection of a site for the capital city. Congress finally accepted, for this purpose, one hundred square miles of land on the Potomac River, which was ceded by Maryland and Virginia. The thirty square miles given by Virginia were afterward returned to that State. The capital was to be in New York until 1790, then in Philadelphia until 1800. In 1800 it was transferred to the new district, called the District of Columbia.[34]

[Footnote 34: For the government of this district, see "Government in State and Nation," p. 204.]

VI. IMPLIED POWERS.

Strict and Loose Construction.—Our national development has been, in large measure, dependent on the interpretation of the next clause of the Constitution. It is often called the elastic clause.

Section 8, Clause 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of the United States or in any department or officer thereof.

Briefly stated, the problem has always been, Has Congress the right to exercise powers not definitely granted by the Constitution? Alexander Hamilton first set forth the doctrine of implied powers. He urged that Congress might, in carrying out specific powers, use methods not expressly provided for in the Constitution, as in the creation of a bank or mint. Since the time of this interpretation, which, fortunately for American interests, was sanctioned by Washington and later by the Supreme Court through its great Chief-Justice John Marshall, the advocates of the doctrines of strict and loose construction have contended for their principles. Does the Constitution permit the acquisition of territory? May Congress establish a protective tariff, or a system of internal improvements? We have here but three of the great questions which have led to a definition of these opposing views. Speaking in general terms, the party in power has favored loose construction, while the party out of power has advocated strict construction. Said Mr. Bryce, "The Americans have more than once bent their Constitution in order that they might not be forced to break it."[35]

[Footnote 35: Bryce, "American Commonwealth," I, 390.]

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. What are some of the difficulties encountered in becoming a citizen? Independent, 65:994-1000.

2. Is there a postal savings-bank in your town? Is it successful?

3. Should there be a system of postal telegraphy? Cent. Mag., 59:952-956; N. Am. Rev., 172:554-556.

4. Extent and advantages of rural free delivery, Rev. of R's, 27:55-60.

5. Perils of the postal service, N. Am. Rev., 172:420-430; 551-559.

6. Defects in the postal system, N. Am. Rev., 174:807-819; 175:115-127.

7. Privateers and privateering, Government in State and Nation, 204; Walker, The Making of the Nation, 200.

8. For the methods employed in the patent office and a comparison between our system and that of European nations, see Cent. Mag., 61:346-356.

9. A good account of the reorganization of the army of the United States is given in the Atl. Mo., 89:437-451.

10. The development of the United States army, Scribner's Mag., 30:286-311, 446-462, 593-613.

11. West Point after a century, World's Work, August, 1902, 2433-2451.

12. A hundred years of West Point, Outlook, 71:591-601.

13. Life at West Point, Rev. of R's, 26:45-53.

14. What was the character of our navy prior to 1883? Harrison, This Country of Ours, 251-255.

15. The new American navy, Outlook, 73:323-337.

16. Comparison of the strength of our navy with that of other nations, Rev. of R's, 25:561-570; 39:347.

17. What special problem was connected with the location of the capital? How was it finally settled? Hart, Contemporaries, III, 269-272; Schouler, I, 152-156; McMaster, I, 555-562; World's Work, 1:191-195.

18. The development of Washington during the past one hundred years is discussed in Rev. of R's, 22:675-686; Forum, 30:545-554; Outlook, 70:310, 311, 817-829; Cent. Mag., 63:621-628, 724-756; Cosmop., 30:109-120.

19. Proposed improvements in Washington, Cent. Mag., 63:621-628, 747-759.

20. For the influence of the doctrine of implied powers, see:—

(a) Internal improvements, Hart, Contemporaries, III, 436-440; Walker, The Making of the Nation, 204, 205, 262, 363; Hart, Formation of the Union, 227-229, 353-355.

(b) The United States Bank, Hart, Contemporaries, III, 446-450; Hart, Formation of the Union, 150-151, 226-227; Walker, The Making of the Nation, 82-83.

(c) The annexation of territory, Hart, Contemporaries, III, 373-376; Walker, The Making of the Nation, 177-184; Hart, The Formation of the Union, 188.

(d) Legal-tender cases, Wilson, Division and Reunion, 280-281.

21. For further questions on this chapter, consult Government in State and Nation, 206, 207.



CHAPTER XII.

POWERS DENIED THE UNITED STATES AND THE SEVERAL STATES.

While restrictions on Congressional powers are found elsewhere in the Constitution, Section 9 of Article I seems to have been framed especially for this purpose.[36]

[Footnote 36: Clause 1 of this article formed an important part of the third great compromise, which was discussed on p. 43.]

Writ of Habeas Corpus.—Clause 2 provides: The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.

A writ of habeas corpus is a writ granted by a court, commanding an officer to produce before it a prisoner, in order that the court may inquire into the cause of his imprisonment or detention. If, after such inquiry, it is found that the person is detained for insufficient cause, he is granted his freedom.

President Lincoln and the Writ of Habeas Corpus.—President Lincoln, as a military necessity, in 1861, suspended the privilege of the writ over a limited area, constituting a large part of the State of Maryland. The Supreme Court, however, declared his order non-effective, maintaining that the right of suspending the writ of habeas corpus lay with Congress, though it might be granted to the President. This attempt on the part of the Supreme Court to restrain Mr. Lincoln was a failure, and shows that even the highest of our tribunals may not have its usual power in time of war. It was not until March 3, 1863, that Congress made the decree of President Lincoln legal by authorizing him to suspend the writ whenever he believed the public safety demanded it. In September of that year he declared the suspension general throughout the country.

Ex Post Facto Laws.—Clause 3. No bill of attainder or ex post facto laws shall be passed.

An ex post facto law, as defined by the Supreme Court, is a "law which renders an act punishable in a manner in which it was not punishable when it was committed." It applies to acts of a criminal nature only.[37]

[Footnote 37: Clause 4 is discussed under National Finances, p. 84.]

Care of Public Money.—Clause 7. No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

It is proper in a government such as ours that the control of the public money should be lodged with the representatives of the people. Through the annual report of the Secretary of the Treasury, the people may know from what sources our revenues are derived and for what purposes the money is expended.

Titles of Nobility and Gifts.—Clause 8. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever from any king, prince, or foreign state.

According to the wording of the clause, Congress may allow gifts, of the kind mentioned, to be accepted by our National officials. Usually, however, such gifts pass into the keeping of government.

Powers Denied the States.—We recall the power of the States and weakness of the general government under the Articles of Confederation. It was plain to the members of the Constitutional Convention that hopeless confusion would arise if the States should also be given the right to coin money, pass ex post facto laws, etc. Therefore, certain prohibitions were made on the powers of the States. In Section 10, Clause 1, we note that these prohibitions are absolute, as:—

No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal, coin money, emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.[38]

[Footnote 38: In the celebrated Dartmouth College case, it was finally determined that a State legislature may not modify the terms of a contract. See Life of John Marshall, by Magruder, "American Statesmen," new ed., 188-190.]

In Section 10, Clauses 2 and 3, the prohibitions are only conditional; thus:—

_No State shall, without the consent of the Congress, lay any impost or duties on imports or exports except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay._

More Complete Protection of Personal Rights.—By a careful reading of Sections 9 and 10, it is seen that some of the rights of the individual are guarded against encroachment on the part of government, either National or State. But the people felt that there were other personal rights which needed protection. They were familiar with the bills of rights in their own State constitutions. That the National Constitution did not also contain a bill of rights was, as we have seen, one of the chief arguments made against its adoption in the State conventions.