The duration of the sessions of Congress depends, 1st. On the Constitutional limitation, which can not extend be yond the period of two years. 2d. On the pleasure of the two houses, subject to the foregoing restriction. 3d. On the pleasure of the President of the United States when the two houses can not agree on the time of adjournment. 1st. If a member of Congress were permitted to assist in creat ing an office, and then to resign his seat for the purpose of obtaining that office on being nominated to it by the President, it would throw wide open the doors to executive corruption. Numerous lucrative offices might thus be created by legislation, with the understanding, express or implied, between the legislators and the Executive, that the offices so created should be distributed among those who were instrumental in creating them. The chairman of the Judiciary Committee might propose to the house of which he was a member the creation of a United-States judgeship in California, with a salary of ten thousand dollars a year; and, through his official influence, the bill might pass both houses of Congress. By pre-arrangement with the Executive, that office might be secured to the very man who had been the chief means of creating it, were he at liberty to resign his seat and take it. 2d. Also, by a system of "bargaining and selling," the salaries of certain offices might be greatly increased by mercenary legisla tion; and then those salaries might be bestowed on the very men who had been active in augmenting them, but for the restriction under consideration. We can not too much admire the wisdom, purity, and sagacity of the great and good men who formed the Constitution, in their efforts to withdraw as far as possible from the framework of our government all motives to selfish and dishonest legislation. ART. VIII.-OFFICIAL OATH. Senators and representatives shall be bound by oath or affirmation to support the Constitution of the United States 1. § 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 man. § 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 responsibili ties, 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 conscientiously 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 services, 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. 5th. 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. CHAPTER IV. 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. 1. RESOURCES. ART. I.-FINANCES. 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 numbers. 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 any 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 |