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§ 1. This oath is administered to the members, before taking their seats, by the Secretary of the Senate, or Clerk of the House of Representatives. He who takes it appeals to the Supreme Being for the rectitude of his intentions. Such an oath is calculated to make a solemn impression on the mind of any candid and conscientious
§ 2. It seems fit and proper, therefore, that all who assume the important trust of legislation for their country should take upon themselves this solemn obligation. They assume grave responsibilities, the faithful discharge of which concerns the welfare of the whole people.
§ 3. If it is necessary to administer a solemn oath to a justice of the peace, a witness, a juror, or constable, to insure the faithful performance of his duties, it is far more befitting in cases of the most sacred public trust.
$ 4. Some persons are conscientioucly opposed to taking an oath on any occasion whatever. Out of respect to the scruples of such persons, a solemn affirmation is administered instead of an oath.
ART. IX.-SALARIES. 1. The members shall receive a compensation for their ser
vices, to be ascertained by law; and, 2. The same shall be paid out of the treasury of the United
States. 21. § 1. In the Constitutional Convention, there were quite a number of members opposed to allowing salaries to representatives and senators, but more especially senators. It was proposed to consider the honor of the position a sufficient reward; believing that this would secure the services of men of higher character and more distinguished ability. On the contrary, it was urged that this would savor too much of aristocracy, and prevent men of limited means, however worthy, from accepting seats in the national councils, and thus deprive the country of the benefits, in many instances, of able minds, for want of wealth.
§ 2. In England, the members of Parliament are not paid for their services. If a poor man is elected to the House of Commons,
he is compelled to depend on the liberality of wealthy friends. The House of Lords is composed of the aristocracy of the realm, who, of course, stand in no need of salaries.
§ 3. But the majority of the Convention were in favor of salaries; and this view prevailed. It was thought best that the salaries of members should be paid from the United-States treasury, as that would be more likely to secure promptness of payment, and, conse quently, promptness of attendance. Under the Confederation, the members were paid by their respective States. The pay was often slow, and the attendance tardy and reluctant.
§ 4. The salaries of members is to be ascertained (that is, fixed) by law.
But who makes the law ? The members themselves. The salaries have been advanced several times since 1789, at the opening of the first Congress under the present Constitution.
1st. From March 4, 1789, to March 4, 1795, inclusive, six dollars
a day. For the same time, six dollars for every twenty miles'
necessary travel in going and returning. 2d. From March 4, 1795, to March 4, 1796, inclusive, senators
received seven dollars, and representatives six dollars, a day, and travel-fees as before.
3d. From March 4, 1796, to Dec. 5, 1815, the pay of members
of either house was six dollars a day, and travel-allowance six dollars for every twenty miles.
4th. From Dec. 5, 1815, to March 4, 1817, the pay was fifteen
hundred dollars a year, travel-fees as before, and proportional deduction of salary for absence for any cause but sickness. The President of the Senate and the Speaker of the House
received double the pay of other members. 6th. From March 4, 1817, to the first Monday of December, 1856,
the pay was eight dollars a day, and eight dollars for every twenty miles' travel.
The President pro tempore of the Senate and the Speaker of the House each received double the pay of other members.
6th. From the first Monday of December, 1856, to 1866, the pay
of members was three thousand dollars a year; the Speaker of the House to receive double pay, and the President pro tempore of the Senate the same as the Vice-President would have been entitled to, --six thousand dollars; the Vice-President, William R. King of Alabama, having died soon after his election Mileage, or traveling-expenses, same as before.
7th. An act was passed July 22, 1866, raising the pay of members
of Congress to five thousand dollars a year, and mileage as
heretofore ; the Speaker of the House, eight thousand dollars. Since the above date the pay of members has been once raised; but it was soon restored to the amount, fixed by the act of July 22, 1866, and so remains.
POWERS OF CONGRESS.
Note.-1. While it is intended to treat the departments of government by topics, it will be necessary to frequently refer to other subjects than the one under more immediate consideration. The powers conferred by the Constitution are intimately related to and dependent on each other. The legislative functions are so related to the executive and judicial, the judicial to the executive and legislative, and the executive to each of the others, that, in treating of either, reference must be had more or less to the others.
2. It is desirable, however (and that is the aim of this work), to group powers of kindred character, as far as possible, under the same general or specific titles. The arrangement of the powers specified in the Constitution is palpably defective, as has been noticed by our best writers on the subject. In discussing it, therefore, by topics, it is impossible to pay much attention to the order of that arrangement.
3. This want of order in the instrument is more particularly apparent, perhaps, in the powers of Congress, than in either of the other departments of the government. Single sentences and clauses are scattered here and there, detached from their proper connections, without any regard to their harmonious and necessary relationship. It is the purpose of the Analysis, as far as possible, to bring these fragmentary clauses and sentences into position with others to which they are related.
ART. I.-FINANCES. 2. RESOURCES. 1st. To lay and collect taxes, uniform duties, imposts,
and excises. 26. But all direct taxes must be apportioned among the
several States according to their respective num
bers. 5, 47. 2d. To borrow money on the credit of the United
States. 27. 3d. To dispose of the territory belonging to the United
States. 4th. To dispose of other property of United States. 76. 2. DISBURSEMENTS.
1st. To pay the debts of the United States.
1. - RESOURCES.
§ 1. A tax is a sum of money levied on the property or inhabitants of a country for the support of the government. When levied on individuals, without
reference to the amount of property owned by them, it is called a capitation or poll tax. When levied on the property, it is to be done in proportion to its value, as ascertained by local officers called assessors.
§ 2. The power to lay and collect taxes belongs to every human government, without which the expenses thereof could not be defrayed. This is one of the means which it has of enabling it to perform its obligations to the country. No government could sus tain itself without regular and reliable resources.
§ 3. The word “taxes” here, doubtless, means direct taxes, which are mentioned in two other places in the Constitution, and which are to be imposed on States according to their respective numbers, as ascer tained by the census, or enumeration. They are to be apportioned among
the several States in the same manner as representatives. § 4 Taxes are of two kinds, direct and indirect. Direct taxes are such as may be levied on land and other real estate, and capitation-taxes, or taxes on individuals. Indirect taxes are such as ar.,
taxation; being levied
levied on articles of consumption, of which no person pays, except in proportion to the quantity or number of such articles which he may consume.
§ 5. Duties, imposts, and excises are also of the nature of indirect taxes. These must be uniform throughout the United States. This is to prevent giving any preference to the pursuits or interests of one State over those of another.
§ 6. The word “duties” refers to a kind of taxes levied on goods and merchandise imported or exported. In our country, an export duty is not permitted to be levied. The Constitution forbids it. The word "imposts,” under our government, is equivalent to "customs,” referring strictly to the duties on imports from foreign countries. It would also cover duties on exports, were such duties allowable. § 7. The word “excises” is applied more particularly to internal
on articles manufactured and consumed in the country, and also on various kinds of business. The money paid for licenses to sell liquors, or to deal in any other commodities, is called excises, or excise taxes.
§ 8. Duties on imports are of two kinds, — specific and ad valorem. A specific duty is a certain sum of money charged by law at the custom-house where goods are landed, according to quantity or weight, without any reference to the value of the articles weighed or measured ; as a dollar on a yard of silk, a gallon of brandy, a bushel of wheat, or a pound of opium.
$ 9. “Ad valorem" is a word or phrase that signifies according to the value of. Ad valorem duties are levied on articles according to their value. An ad valorem duty of twenty per cent on a watch or diamond worth a hundred dollars would require the payment of twenty dollars.
§ 10. Duties are collected at the custom-house where the dutiable goods are landed. It is not easy to avoid the payment of specific duties, except by a process called smuggling; that is, by the owner's concealing the articles, or landing them clandestinely, in order to avoid payment. In such case, however, he runs the risk of detec