SENATE AND HOUSE OF REPRESENTATIVES. 25

of the census, but not more than one representative is, by the Constitution, to be allowed for every 30,000 souls, nor less than one for any single state. The House of Representatives so constituted has the sole power of impeachment (§ 5).

The House of Representatives represents population; the Senate represents state interests. Large or small, each state (sec. 3) sends two senators, elected by its legislature for six years, but one-third of the whole number going out every second year. The senators must be thirty years old, must have been for nine years citizens of the United States, and must inhabit the states which they represent. The VicePresident of the United States is President of the Senate, but with only a casting vote. The Senate tries impeachments sent up by the House, and convicts by a majority of two-thirds; but the penalties for impeachment are only removal and disqualification for office. The legislatures of the several states (sec. 4) may prescribe the time, place, and manner of holding elections for senators and representatives, but except as to "the places of choosing senators," Congress "may, at any time by law, make or alter such regulations."

Congress, thus constituted, meets once at least in every year; on the first Monday in December, unless otherwise ordained by law (sec. 4, § 2), Each House keeps and publishes journals of its proceedings, except as to such parts as may require secrecy (sec. 5, § 3). Neither House, during the Session of Congress, may

26

MODE OF LEGISLATION.

adjourn without the consent of the other for more than three days, nor to any other place of meeting.

On the provisions as to the compensation to be paid to members, or as to their privileges, I need not dwell. No senator or representative is to be appointed to a civil office created or increased whilst he is such, nor is any office-holder to be member of Congress (sec. 6). Bills for raising money are to originate with the House of Representatives, but the Senate (freer, in this respect, than our House of Lords) may propose or concur with amendments to such bills (sec. 7).

Every bill which has passed both Houses of Congress is to be presented to the President, who signs it, if he approves of it, and thereby gives it force of law. If he disapprove of it, he sends it, with his objections, to the House where it originated. If, on reconsideration, it be approved once more by that House, and by a majority of two-thirds, it is sent on with the President's, objections to the other House, and if approved here also by a majority of two-thirds, becomes law without the President's sanction; the votes in such case being taken by "yea" and "nay," and the names of members voting being entered on the journals. Again, if a bill is not returned by the President in ten days it becomes law, unless Congress adjourn meanwhile (sec. 7, §2), Every order, resolution, or vote, to which the concur rence of both Houses is necessary (except as to adjourn ment) follows the same course (§ 3).

You will see from what precedes to what extent the President is to be considered as part of the sovereign

SHARE OF THE PRESIDENT IN LEGISLATION. 27

authority of the United States. Practically, though he has no share in originating legislation, and his veto is only a suspensive one, his controlling power is considerable. For it is very seldom that there can exist a majority of two-thirds in each House to force upon him a law which he disapproves of. Let him only secure the support of somewhat over one-third in either, and his power of obstruction is absolute. Whilst, by procuring his supporters to fight against time, so as to put off the final passing of a bill till within the last ten days of the usual period of closing the session, he may make use, and has made use ere this, of the provision which allows him by implication ten days for making up his mind upon a measure, to throw it over, by simply retaining it.

The main share of the supreme authority, however, belongs undoubtedly to Congress. Congress, it is enacted by the Constitution (sec. 8), "shall have power, 1. To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States" (but all duties, &c., to be uniform ;) "2. To borrow money on the credit of the United States; 3. To regulate commerce with foreign nations, and among the several states, and with the Indian Tribes; 4. To establish an uniform rule of naturalisation, and uniform laws on the subject of bankruptcies throughout the United States; 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the secu

28

POWERS OF CONGRESS.

rities and current coin of the United States; 7. To establish post-offices and post-roads; 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; 9. To constitute tribunals inferior to the Supreme Court; 10. To define and punish piracies and felonies committed on the high seas, and offences against the laws of nations; 11. To declare war, grant letters of marque and reprisals, and make rules concerning captures on land and water; 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years; 13. To provide and maintain a navy; 14. To make rules for the government and regulation of the land and naval forces; 15. To provide for calling forth the militia, to execute the laws of the Union, suppress insurrections and repel invasions; 16. To provide for organising, 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; 17. To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square), as may by the 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 states in which the same

THE FEDERAL SOVEREIGNTY A LIMIITED ONE. 29

shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; and 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."

Few, if any, of the essential characteristic prerogatives of sovereignty are omitted in the foregoing enumeration. A single one, that of coining money, is sufficient to prove such sovereignty; "Render unto Cæsar the things that are Cæsar's." And yet the very enumeration shows that that sovereignty is meant to be a limited one. You may hunt up and down our statute-book till the end of time without effect for any legislative enumeration of the powers of parliament, as you would no doubt hunt in vain in the Russian laws for an enumeration of the powers of the Czar; simply because in either case the sovereignty is absolute, and has nothing earthly beyond. Here, on the other hand, the sovereignty of the Federal authority is essentially a qualified one. It is absolute only for specified purposes; only within the four corners of the Constitution. But among the specified purposes we must not forget that the "calling forth the militia to execute the laws of the Union," and to "suppress insurrection," is included. It is worthy, moreover, of remark, that Congress is less fettered than is our own government as respects standing armies. With us the mutiny act, as well as army appropriations, are continued only from