Part 11 (1/2)

--7. The next clause of the third section provides for the gradual change of the senate. One-third of the senators go out of office every two years. In favor of this arrangement are two important considerations.

First, it secures to the public at all times the benefit of the experience of at least two-thirds of the body. Whereas, if the terms of all the senators expired at once, their places might be supplied mainly by new members without the requisite knowledge and experience. Secondly, while a long term is intended to guard against the too frequent changes in the laws, it may also prevent, for too long a time, the amendment or the repeal of bad laws. Such amendment or repeal may be hastened by the election of new members in the place of the one-third who retire every two years.

--8. Vacancies which happen in the representation of any state in the senate during the recess of its legislature, may be filled by the governor until the next meeting of the legislature. Without this provision, either the legislature must be a.s.sembled immediately to fill the vacancy, or the state must remain in part, or perhaps wholly unrepresented in the senate, until the next regular session of the legislature.

--9. But an appointment may not be made by an executive before the vacancy actually happens. In 1825, the term of a senator was about to expire during the recess of the legislature of his state, which had failed at its previous session to appoint a successor. As a special session of the senate was to be held immediately after the expiration of the senator's term, the governor, a few days before the term expired, in antic.i.p.ation of the vacancy, reappointed the senator. But the senate decided that, as the appointment had been made _before the vacancy happened_, the senator was not ent.i.tled to a seat.

--10. The next clause prescribes the qualifications of senators. A senator must have attained the age of thirty years, and been nine years a citizen of the United States; and he must, when elected, be an inhabitant of the state for which he is chosen. As many of the duties of a senator require more knowledge, experience, and stability of character than those of a representative, greater age and longer citizens.h.i.+p are required. The nature of these duties will be noticed in subsequent chapters.

--11. The seventh section of the first article provides for the pa.s.sage of bills negatived, or vetoed, by the president. Bills returned by him with his objections, become laws when pa.s.sed by majorities of two-thirds of both houses; that is, by two-thirds of the members present. They also become laws if not returned by him within ten days (Sundays excepted) after they have been presented to him, unless their return is prevented by the adjournment of congress.

--12. We have pa.s.sed over several sections and clauses of this article without remark. Most of them are similar to some in the state const.i.tutions, which we have noticed; and the propriety of others is so readily perceived, that any comment upon them is deemed unnecessary.

Chapter x.x.xI.

Power of Congress to lay Taxes, Duties, &c.; Power to Borrow Money.

--1. Having shown how the legislative department of the general government is const.i.tuted, we proceed to consider its powers. It is thought proper, however, first to notice one important characteristic of the general government, in which it differs from the state governments, and the knowledge of which is necessary to a right understanding of the powers of the state and national governments respectively.

--2. The general government is a government of _delegated_ powers; that is, powers which have been intrusted or _delegated_ to it by the states, or the people of the states. Having derived its powers from the states, or the people, it has such powers only as have been conferred by the const.i.tution. Hence it is called a government of _limited_ powers. The states, on the other hand, existing before the general government, and possessing entire sovereignty or supreme power, may exercise all powers which they have not surrendered to the general government. In other words, their powers are _unlimited_, except so far as they have parted with any of their original powers.

--3. Most of the powers of congress are enumerated in the eighth section of the first article of the const.i.tution. The first in the list is in these words: ”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 U. States.”

--4. We have already noticed the want of such a power in the old congress. The debt which had been contracted to carry on the war remained unpaid; and congress, as we have seen, had no power to raise money either to pay debts or to defray the current expenses of the government. (Chap. XXVII: --4, 6.) It could neither raise money by _direct_ taxation; that is, by taxing the persons and property of the citizens, nor by _indirect_ taxation, which is by duties.

--5. _Duties_, or _customs_, are taxes on goods imported from, or exported to, a foreign country. _Imposts_ are taxes on imported goods only. Duties on exports, however, being deemed inexpedient, are not laid by our government. An _excise_ is a tax neither on imports nor exports, but on articles produced and consumed in the country, and on licenses to deal in certain commodities. The money paid for license to sell spirituous liquors is an _excise_ tax.

--6. Duties are _specific_ and _ad valorem_. A _specific_ duty is a specified sum of money charged upon every yard, pound, or gallon of any commodity. Thus, a duty of ten cents on a pound of tea, or of one dollar on a yard of cloth, or of fifty cents on a gallon of wine, is a specific duty. _Ad valorem_ is a Latin phrase, signifying _according to the value_. An _ad valorem_ duty is a certain _per centage_ on the value or price. Thus, thirty per cent, on a yard of cloth costing two dollars, is sixty cents; on a yard costing three dollars, ninety cents; the sum charged being varied by the difference in the price or value.

--7. The power to lay duties is very properly qualified by the provision that ”all duties shall be uniform throughout the United States.” This was intended to prevent the giving of unjust preference to any one or more states over others. Without this restriction upon the exercise of this power, the representatives of a part of the states might combine, and by laying higher duties upon goods imported into other states, than upon those imported into their own, might turn the trade chiefly into the latter. Or they might in laying duties on exports, impose high duties upon the productions of other states, and low duties, or none at all, upon the products of their own.

--8. Although Congress has power to lay direct taxes, it has seldom been exercised. The duties on foreign goods and on the vessels in which they were imported, have been found sufficient for the payment of the public debt, and for other government purposes. The national debt in 1791 was about $75,000,000, and, in 1804, had risen to $86,000,000; yet chiefly by duties was this debt reduced nearly one-half by the year 1812. By the war which commenced that year, the debt was again increased, being in 1816, $127,000,000. In 1835, this large debt had been, in the manner stated, entirely extinguished.

--9. The next power mentioned is the ”power to borrow money on the credit of the United States.” Although Congress may, under the power to lay taxes and duties, raise money to any extent, a large amount may sometimes be wanted before it can be raised from the regular income or revenue of the nation, or even before it could be raised by a direct tax, which would be burdensome to the people. Hence the utility of the power to borrow money until it can be reimbursed from the national revenues.

Chapter x.x.xII.

Power of Congress to Regulate Commerce. Commerce with Foreign Nations.

--1. Next in the list of powers is ”the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” The need of no power under the confederation was more deeply felt than the power to regulate foreign trade. It was the want of this power, as we have seen, which was the more immediate cause of calling the convention that framed the const.i.tution. (Chap. XXVII: --7-11.) The necessity of this power arose mainly from the policy of Great Britain, by which she had secured to herself undue advantages in her foreign commerce, especially in her trade with this country.

--2. During the war of the revolution, the direct trade with Great Britain was interrupted. But when peace was restored, our markets were again open to British goods and vessels, while upon American produce and American vessels entering British ports, heavy duties were levied. To enable some young readers more clearly to understand the objects and the unequal operation of the policy of the British government, the subject may need some further ill.u.s.tration.