The Government Class Book by Andrew W. Young

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After 1810, the ratio was 35,000; number of members 182.
After 1820, the ratio was 40,000; number of members 213.
After 1830, the ratio was 47,700; number of members 240.
After 1840, the ratio was 70,680; number of members 233.

After 1850, the ratio was 93,000 and a fraction, making the number of
members 233, of which California had one; but in view of her rapid
increase in population, she was allowed an additional member, making, in
all, 234. Minnesota has since been admitted into the Union (1858) with
two members, and Oregon (1859) with one member.

Sec.14. Representatives are chosen by districts. Each state is divided by
the legislature into as many districts as there are representatives to
be elected in the state; and one representative is chosen in each
district. In most of the states, representatives are chosen at the
general state election; in the others, there are special elections for
choosing representatives.

Sec.15. By an act of congress, every territory belonging to the United
States in which a government has been established, is entitled to send a
delegate to congress, who has a right to take a part in the debates of
the house, but not the right of voting.

Chapter XXX.

The Senate.

Sec.1. "The senate of the United States shall be composed of two senators
from each state; chosen by the legislature thereof, for six years; and
each senator shall have one vote." (Art. I, sec. 3.) The convention
readily agreed upon dividing congress into two branches; but, as has
been observed, it was difficult to settle the mode of representation.
The delegates from the large states insisted upon a representation in
proportion to numbers, in the senate as well as in the house; and the
small states contended for equality in both branches. The debate was
long and animated; and it became apparent that, as in the case of slave
representation in the house, there must be a compromise. This was at
length effected; the small states consenting to a proportional
representation in the house, and the large states to an equal
representation in the senate.

Sec.2. It has been remarked, that the federative principle of the old
system has been to some extent retained in the constitution. Both the
equality of representation in the senate, and the election of senators
by the state legislatures, are in strict conformity with the plan of the
confederation, and of simple confederacies generally. Different modes of
electing senators were proposed; but the one adopted by the convention
seems preferable to any other.

Sec.3. There is, however, in one particular, a material difference between
the plan of the old congress and that of the senate. It is in the manner
of voting. In the former, the vote was taken by states, each state
having but one vote; (Chap. XXVIII, Sec.5,) in the latter, the senators
vote separately, the vote of each senator counting one, as in the house;
and a question is decided by the united votes of a majority of the
members, and not by the vote of a majority of the states. Nor is the
vote of a state lost if but one of its senators is present, as formerly.
If, however, the two senators vote on different sides of a question, the
effect is the same as when, in the old congress, the members from a
state were equally divided.

Sec.4. There were also various opinions as to the proper term of office of
senators. Terms were proposed differing in length from three to nine
years; and a proposition was even made by one distinguished member to
make the term continue during good behavior, which is practically for
life. There appear to be sound objections both to long and short terms.
It is urged by those in favor of the latter, that an officer elected for
a short term, especially if he desires a reelection, will have a strong
inducement to please and faithfully serve those who are to elect or
appoint him.

Sec.5. Others, however, while they admit that short terms tend to insure
responsibility on the part of a representative, consider this argument
more than counterbalanced by the objections to which a short term is
liable. Looking to a reelection, he may act with a view to his
popularity rather than to the public good. Again, the oftener a
legislature is changed, the more changeable and uncertain will be the
laws. Men having invested their capital in a business enterprise, and
made a successful beginning under existing laws, may be ruined by a
sudden and unexpected change of governmental policy.

Sec.6. In view of these objections to both long and short terms, a medium
term of six years was adopted. This was believed to be short enough to
keep up in a senator a feeling of responsibility, and yet long enough to
insure his acting independently and with a regard to the general
interests of the nation. Although a bad senator may occasionally be kept
too long in office by a six years' term, cases also occur in which the
act of a senator, especially in time of public excitement, is strongly
condemned, but upon calm and mature reflection meets the public
approbation.

Sec.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.

Sec.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 assembled 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.

Sec.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
anticipation 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 entitled to a seat.

Sec.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 citizenship are
required. The nature of these duties will be noticed in subsequent
chapters.

Sec.11. The seventh section of the first article provides for the passage
of bills negatived, or vetoed, by the president. Bills returned by him
with his objections, become laws when passed 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.

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

Chapter XXXI.

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

Sec.1. Having shown how the legislative department of the general
government is constituted, 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.

Sec.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
constitution. 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.

Sec.3. Most of the powers of congress are enumerated in the eighth section
of the first article of the constitution. 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."

Sec.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: Sec.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.

Sec.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.

Sec.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.

Sec.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.

Sec.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.

Sec.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 XXXII.

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

Sec.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 constitution. (Chap. XXVII: Sec.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.

Sec.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 illustration.

Sec.3. One object was, to secure a market at home for the products of
agricultural labor. How this is done by taxing foreign products, will
appear from the following example: Suppose the market value of a bushel
of wheat in Great Britain to be one dollar a bushel, and the cost of
raising the article here and carrying it to that market to be the same.
If now a duty of 40 cents a bushel is laid upon wheat from abroad, the
English consumer, instead of buying it with this duty added, will buy of
the English producer. But more wheat is produced here than there is a
market for; and the American farmer must find a market abroad. But in
order to sell it in the English market, he must pay 40 cents on every
bushel to the British government; or, which is the same thing in effect,
he must sell it for 40 cents a bushel less than its value to the British
purchaser, who pays the duty to that government.

Sec.4. Now, as much less American wheat will be sent to Great Britain than
if it were free from duty, a better market is secured to the English
farmer. Besides this, of the value of every bushel which Great Britain
may please to admit, or which the people of other countries maybe
obliged to sell to her, 40 per cent, is paid into her treasury. Thus by
one operation, are two benefits secured, namely, the reward of
agricultural labor at home, and the raising of revenue. So by the duties
imposed upon foreign vessels entering her ports, the national revenue
was to some extent increased, and great advantages were secured to her
citizens engaged in the carrying trade.

Sec.5. The people of this country being nearly all employed in agriculture,
and consequently dependent upon foreign markets for the sale of the
surplus products of their labor, they were obliged to submit to the
payment of these duties. And not possessing at that time the means of
manufacturing to any considerable extent for themselves, goods in large
quantities came in from Great Britain, for which they must pay in
produce heavily burdened with duties, or with money obtained for the
produce subject to these heavy duties.

Sec.6. To remove the inequality in the trade between the two countries, it
was thought necessary to retaliate upon Great Britain by subjecting her
goods and vessels coming into our ports to the payment of duties similar
to those imposed on our produce and vessels in her ports. But the power
to lay duties was with the states; and, as we have seen, the states
could not agree upon any effectual system; for, in order to make any
system effectual, the duties must be uniform throughout the United
States.

Sec.7. It was intended, in regulating trade, to render our own country less
dependent upon foreign nations for manufactured goods, by encouraging
domestic or home manufactures by duties on goods imported. Duties laid
for this purpose are called _protective_ duties, being designed to
_protect_ our manufacturers against loss from the competition of
foreigners. The nature and operation of a protective duty may be thus
illustrated:

Sec.8. Suppose foreign broadcloth of a certain quality is sold in this
country for $2.50 a yard, and cloth of the same quality manufactured
here can not be afforded for less than $3 a yard. There would now be no
encouragement to any one to engage in the manufacture of such cloth;
because in order to sell it, he must reduce the price to that of the
foreign article, which would subject him to a loss of fifty cents a
yard. Let now a duty of $1 a yard be laid upon the foreign cloth, and
the price would be $3.50, and preference would be given to the domestic
article, unless the importer should reduce the price of his foreign
cloth to $3; in which case, it is to be presumed, about an equal
quantity of each would be consumed, and the duty of $1 a yard on the
foreign cloth would go into the United States' treasury.

Sec.9. The same objects may, to some extent, be effected by the first
mentioned power, "to lay taxes, duties," &c. In laying duties for
revenue, that is, raising money to pay the debts and other expenses of
the government, congress may lay the duties upon those kinds of goods
which it wishes to protect; and thus _indirectly_ both encourage
domestic industry and regulate commerce. From this it appears that the
three objects mentioned may be accomplished under the grant of either
one of the two general powers, to lay duties, and to regulate commerce.

Sec.10. Why, then, it may be asked, were both these powers inserted in the
constitution? The first _expressly_ authorizes the laying of duties only
to raise money for paying debts and government expenses; and protection
and the regulation of commerce can only be effected _indirectly_. Hence,
if our arrangements with foreign nations should be such as to render it
unnecessary to lay duties to regulate commerce, or encourage domestic
industry, money could not be raised without the _express_ power to lay
taxes, duties, &c. And such might be the state of things, that rates of
duties sufficient for revenue would be insufficient for the purposes of
protection and regulating trade. Therefore, both powers are properly
granted to congress.

Sec.11. Again, it may be asked, if foreign goods without duty can be had at
lower prices than domestic, why is it not better for us to buy them than
to force the manufacture and sale of our own at higher prices? and, if
there is no other way of raising money, why not do it by direct
taxation? Suppose, for example, as in a preceding section, (Sec.8,) the
price of foreign cloth to be $2.50 a yard, for which the farmer has to
pay in wheat, or in cash received for it. But as the wheat has to be
shipped to a foreign market, the merchant who takes it in exchange for
the cloth, or the cash purchaser, deducts from the foreign market price
the cost of transportation and the foreign duty, which, together, let us
suppose to be fifty cents a bushel, or one-half of the foreign market
price. A yard of cloth would then cost five bushels of wheat.

Sec.12. Let us now suppose a domestic article at $3 a yard to take the
place of the foreign. A large portion of the laborers formerly employed
in agriculture, are now engaged in building factories and in
manufacturing. These, instead of being producers, have become only
consumers of the wheat of the farmers, who now have a market at home,
thus saving the duties and the cost of transportation. As there are now
fewer producers, the price of wheat would probably be not less than $1 a
bushel. Therefore a yard of domestic cloth would cost only _three_
bushels of wheat, instead of _five_ paid for the foreign cloth. And as
there would be a corresponding rise in the price of labor, more cloth at
$3 a yard could be bought for the avails of a day's labor than formerly.

Sec.13. The protection of domestic industry received the early attention of
congress. The second law passed by the first congress under the
constitution, authorized "duties to be laid on goods, wares, and
merchandises imported;" and among the objects of the law expressed in a
preamble one was "the encouragement and protection of domestic
manufactures." For a long time, however, little was done in the way of
protection. The principal nations of Europe, England included, became
involved in war. A large portion of their laboring population having
been called from agricultural pursuits into the armies, a foreign demand
was created for American produce; and we were enabled to supply
ourselves at less disadvantage with foreign manufactures.

Sec.14. But after peace had been restored in Europe, and people had
returned to their usual employments, the foreign demand for our
breadstuffs nearly ceased; and large quantities of foreign goods were
again imported, for which our people were unable to pay. Congress now
found it necessary to exercise, to a greater extent, its power to
regulate trade, by discouraging importations, and encouraging domestic
manufactures, and, in 1816, commenced an effective system of
protection. Laws have from time to time been passed to favor
manufactures from cotton, wool, iron, and other materials; and
manufacturing is now carried on extensively in this country. By thus
drawing a large portion of the people into manufacturing and mechanical
employments, a market has been created at home for more grain, meat, and
other agricultural products, than is required to supply all foreign
demand.

Sec.15. The laws relating to foreign commerce prescribe the manner of
collecting the revenue. There is in every port of entry a _collector_ of
_customs_, who superintends the collection of duties. When a vessel
arrives it is submitted, with the cargo and all papers and invoices, to
the inspection of the proper officers; and the goods subject to duty are
weighed and measured, and the duties estimated according to law.

Chapter XXXIII.

Power to regulate Commerce, continued. Navigation; Commerce among the
States, and with the Indian Tribes.

Sec.1. In regulating foreign commerce, congress has also passed navigation
laws. _Navigation_ is the art of conducting ships and other vessels. It
has reference also to the rules to be observed by owners and masters
engaged in the shipping trade. We have noticed the navigation acts of
Great Britain by which she built up her shipping interest; (Chap. XXVII,
Sec.7,) and we have stated that one object of the power to regulate
commerce was to countervail the effects of those acts upon our shipping.

Sec.2. To encourage and promote domestic navigation, an act was passed by
the first congress conferring special privileges upon vessels built and
owned by citizens of the United States. This was done by laying _duties
on tunnage_. _Tunnage_ means the content of a ship, or the burden that
it will carry, which is ascertained by measurement, 42 cubic feet being
allowed to a tun. This act imposed a duty of fifty cents a tun on
foreign vessels, and upon our own a duty of only six cents a tun. As
such a law discriminates, or makes a distinction or difference between
domestic and foreign vessels, these duties are also called
_discriminating_ duties.

Sec.3. By the aid of these protective duties, slightly changed from time to
time, our shipping interest acquired great strength. But the necessity
of discriminating duties no longer exists. By the stipulations of
existing treaties between the principal commercial nations, each is to
admit into her ports the vessels of the others on equal terms with her
own. Our government having become a party to this agreement,
discriminating tunnage duties have been abolished.

Sec.4. The registry, however, of vessels of the United States, and other
regulations concerning them, are for the most part continued. A vessel
is measured by a surveyor to ascertain her tunnage, and the collector
records or registers in a book her name, the port to which she belongs,
her burden or tunnage, and the name of the place in which she was built,
and gives to the owner or commander a certificate of such registry.

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