1. all government consists of three steps, series, or departments. it has a rule by which its action is governed; and this embraces the general principles guiding all action, as well as the special rules of conduct in regard to limited classes of actions—the next step in the series is the action demanded to put its rules in actual force—to apply them—the third is, to determine the application of the rule when supposed to be violated, and the agreement of the special rule with the general principle. that is to say, government is divided into the legislative, or law making power; the executive, or law enforcing power; and the judicial, or law discriminating, or judging, power.
2. in some governments all these are in the same hands, and this produces a despotism. in others they are variously divided or mixed. in our country the separation between them is made as distinct as possible. the people are regarded as the source or fountain of power. the constitution represents, in its general principles or rules, the will and purposes of the people; and outside of the principles or regulations of this instrument no legislation is valid. the constitution, emanating from the people, defines the boundary of all the departments. congress is the law-making power, enacting within the prescribed limits. the judiciary takes care that these limits are not overstepped by legislative enactments, or[401] executive action. the executive power, or the president, is the concentrated force, the vigorous arm, of the government.
it is congress, the legislative authority, that we have now to consider.
3. the national congress is a body of men representing, and acting in the place of, the people. they are elected by the people to enact laws for the public good—to do all—and no more nor less—than the people would do, if it were possible for them to assemble in one great body and make the laws by which they wish to be governed.
it was constituted as wisely, to guard against the errors to which humanity is liable, as the experience of the past permitted to the thoughtful and patriotic statesmen who had charge of the organization of the government, when the successful termination of the war of independence left the interests of a new nation in their hands. england, from which they had mostly sprung, and which governed them until that period, was in possession of the freest and most enlightened government of those times, in the old world; and they copied from her institutions and general structure what they judged adapted to our circumstances; prudently avoiding untried experiments, as far as possible.
4. congress, like the english parliament, consists of two houses, one, the house of representatives, (answering to the english house of commons) being directly elected, for a short term, by the people, so as to express their views and interests as clearly as possible; the other, the senate, (answering partially to the english house of lords) appointed by the state legislatures for a longer term, and from among statesmen of acknowledged ability and mature character and experience. this was expected to supply the necessary check to hasty and ill considered action, as they were required to mutually agree on all laws enacted.
5. both are required to assemble, at the same time, in the capitol at washington, on the first monday in december of each year. this is the regular session—extra sessions being[402] occasionally called by the president when unusual circumstances demand it.
the members of the house of representatives are elected for two years, the members of the senate for six. as the first contains by far the largest number, a congress is said to exist for two years, and the 20th congress would be the one existing during the 40th and 41st years of the republic, dating from the first congress in 1789.
the senate
6. is composed of two persons, chosen by the legislature of each state, to represent it as a whole. it makes no difference whether the state be large or small, whether population counts by the million or the thousand. the states are sovereign in their sphere, and this constitution of the senate keeps that fact in view, operates against undue centralization of power, and oppression of the smaller states by the larger.
7. a senator must be thirty years of age, must have been nine years a citizen, (he may have been born in a foreign state, and a citizen of it previously,) and must be a citizen of the state—(a voter in it) at the time of appointment. he is appointed for six years. the senate is arranged in three classes so that the terms of one-third of the whole number shall expire every two years. they may be re-elected as often as the state legislatures choose. in one case, a senator was continued thirty years in the senate, without intermission. it has equal legislative power with the house of representatives, except that it cannot originate laws for raising money, but it must approve and adopt all laws made by the house to render them valid. it has some powers that do not belong to the house. it confirms or rejects the nominations of the president, to office, and the treaties he makes with foreign powers, and is the only high court of impeachment.
8. when the senate meets to consider the nominations of the president to office, it is called an executive session, and only a majority of votes is required to approve or confirm them; but when a treaty is to be ratified, or judgment given[403] in a case of impeachment, a vote of two-thirds of the members present is required.
the vice-president of the united states is the presiding officer of the senate; but in case of a vacancy in that office, when he is acting as president, or if he be absent, it chooses a president from its own members.
the house of representatives
9. is composed of persons elected by the people in the various states, in proportion to the number of inhabitants. a representative is elected for a term of two years. he must be twenty-five years of age, must have been a citizen of the united states seven years, and must be a citizen of the state he represents. this is often called the “lower house,” or popular branch of the national legislature, as the senate is sometimes called the “upper house,” because it is more select, and greater in dignity.
10. the house of representatives has the sole power of presenting articles of impeachment, and it alone can originate laws for raising revenue. a larger part of the laws are actually originated in it, because it is more numerous, its members better known to the people whom they immediately represent, and the people are better acquainted with them; and more petitions for particular laws are sent to them. each representative is voted for by the people of his congressional district alone, and not by all the people of each state; and he specially represents the views and wants of his district.
in each branch of congress, when a bill, or plan of a law, has been passed, it is sent to the other house, where it is referred to a committee who examine it, and report on it to the house; by which it is discussed and adopted, amended, or rejected according to its judgment, and returned to the house in which it originated. by this method every law is meant to be subjected to a careful and cool investigation, its defects discovered and corrected, and its appropriateness clearly made manifest. whoever will examine, with care and thoroughness the whole structure of our government will everywhere discover[404] traces of the same wisdom and watchful foresight. he will see reason for more admiration of the prudent statesmanship of those who organized our institutions, and feel less surprised at the wonderful prosperity of the country, and at the strength of the government when subjected to the severest trial. everything human is more or less imperfect, and we shall never be without subjects of complaint, and opportunities for improvement; but every american, well informed concerning his own and foreign governments, will discover many weighty reasons for self-congratulation and pride that our first statesmen and people were so wise and prudent in laying the foundation, and that their successors have built on it with so much skill.
11. the presiding officer in the house of representatives is called “the speaker,” and is chosen by the house, at the beginning of each congress. he serves during its two years of existence. the clerk of the house and its minor officers are chosen by its members—and each house makes its own rules, or parliamentary laws. the term congress properly covers both branches of the national legislature; but, by custom, the members of the upper house are called senators, and those of the lower members of congress, (commonly abbreviated to m. c.)
12. the compensation of members of congress was originally fixed at eight dollars a day, but has, of late years, been several times changed. in 1856 it was made $3,000 per session, or $6,000 for a congress of two years. in 1866 it was increased to $5,000 per session, and, in 1873 to $7,500 per session, the speaker of the house, and the president of the senate, by this last law, receiving $10,000 per year; but it produced so much dissatisfaction among the people that the law was changed at the following session, and they now receive $5,000 per annum.
13. the members of each house receive the same compensation. mileage is allowed them in addition to the salary. this has been forty cents per mile, by the usual routes between[405] the members residence and washington. in 1865 it was reduced to twenty cents per mile, which still seems more adapted to the days of stages and slow traveling than to the modern improvements in rapidity and cheapness. they formerly enjoyed the franking privilege, so called, i. e.: they could send letters and documents through the mails free. this was abolished in 1873, and they now pay their postage, the same as other people.
14. the first congress under the constitution met in new york city, where two sessions were held, when it was removed to philadelphia. it remained there until 1800, when washington became the capital. the capitol there, in which congress meets, is one of the largest buildings in the world; and the offices for the different executive departments are immense structures. in 1874 there were 37 states and therefore 74 senators. the number of representatives was fixed by a law of march, 1873, at 292, at which number it will remain until the next census in 1880.
