Abbildungen der Seite
PDF
EPUB

President, was under consideration. The arguments which prevailed in that case, however, would apply with equal force, as some contended, to the heads of all the executive departments, to collectors of the customs, and to marshals, &c. But even in such cases, it would appear proper the President should have the power of removal without the assent of the Senate. That he should possess the power, as to the high confidential officers about him, and concerned in administering the government, there cannot be a reasonable doubt. And here, the reason is apparent in favor of such a power, when only political subjects and measures of moment are concerned; for executive officers under the chief magistrate are but his agents, and entirely under his direction and control. But when this power is exercised, in the removal of subordinate executive officers, merely for party politics, it is extremely doubtful whether it be agreeable to the spirit of the Constitution, or for the welfare of the people, or the preservation of liberty. And whenever such power is displayed, in wantonness or caprice, or for party purposes, the chief magistrate and his advisers may expect to be visited with an expression of the honest indignation of a virtuous people.

At the first session of Congress, a proposition was offered, for fixing on a place, as a permanent seat of the federal government, and for the future meetings of the legislature of the Union. Several places were proposed, as Trenton in New Jersey, Philadelphia, Germantown, the east bank of the Susquehanna river, also the west side in Maryland, Wilmington in the State of Delaware, and the eastern bank of the Potomac. The subject excited much interest, and was discussed several days, though other business of far greater immediate importance was before Congress. The plan included a territory of ten miles square, to be under the jurisdiction of Congress, whenever it might be decided to erect buildings for the convenience of Congress and the officers of the general government. But no decision was had on the subject at the first session: the Senate voted to postpone it.

Some time was also occupied in preparing and discussing the bill for compensation to the President and Vice President, members of the Senate and House of Representatives, the heads of departments, collectors, controllers, auditors and other officers under the Secretary of the Treasury, &c. The members, generally, from the eastern States, were opposed to high salaries, or large compensation. In these States public officers received moderate salaries, the people

were economical, and would probably complain if the compensation was much greater than had been allowed to their State rulers and judges. The southern members were in the habit of a more expensive mode of living; and they contended, that now, in time of peace, and patriotism not requiring personal sacrifices, and the public service interfering almost wholly with other lucrative employment, it was proper to allow a decent support. The Senate also insisted that their pay should be more than that of the Representatives. But the proposed discrimination was not adopted by the House." The salary of the President was fixed at twenty-five thousand dollars per annum, and so remains to the present period. The Vice President's was five thousand dollars per annum, and still continues the same. The salaries of the Judges and of the heads of departments have been increased since first voted, in 1789, about thirtythree per cent. The compensation for Senators and Representatives was fixed at six dollars per diem; and afterwards, in 1818, was raised to eight dollars; and this sum they still receive for their daily pay.

The form of an oath was prescribed by law, early in this session of Congress, to be taken by all the federal officers, and by members of the legislature of the Union, in which they were to swear or affirm solemnly to support the Constitution of the United States: But no religious test was imposed; nor did the Constitution require it; and one of the amendments to that instrument expressly provided that Congress should make no law respecting an establishment of religion, or prohibiting the free exercise thereof. This important subject belongs solely to the power and will of the majority in the respective States, and they have wisely declined, of late, to interfere in so delicate and difficult a subject. In several States, however, there are laws against blasphemy, and rendering those liable to punishment who endeavor, by public acts, to cast contempt on the Christian religion, or by publications of a libellous character on the common faith and worship of the people.*

* At this session of Congress, by request of the two Houses of the federal Legislature, the President recommended a day for public religious service and thanksgiving. The motion for this request was made by Elias Bowdoin, of New Jersey. When John Adams was President he issued a proclamation for a Fast throughout the Union. And all religious persons approved it, and observed the day in a religious manner. But many truly pious Christian people were of opinion that such days should be proposed only by the several States, within their own jurisdiction.

A proposition was made to Congress, at this time, and a committee accordingly appointed, to consider the propriety of establishing a permanent system of bankruptcy throughout the United States. The importance of such a system was suggested and urged by several members, but the committee made no report, and prepared no bill for the purpose, during the first session of Congress.

A law was passed establishing a Post Office Department; and it was provided that the mail should be carried from Portland, in Maine, to Savannah, in Georgia, a distance of fifteen hundred miles. It was soon after extended one hundred and fifty miles farther eastward, in Maine; and different branches or routes were also provided for conveying the mail in various parts of the country.

The territory in the west and north west part of the United States was put under a Governor and other necessary officers, who were appointed by the President and Senate, for the maintenance of peace and good order in that section of the national domain, where the people from the old States cease making extensive settlements. This was the more necessary, as several tribes of the native Indians were living on the territory. Provision was also made, at this time, for having troops in that part of the country, as had been already done by the old Congress, for the protection of the frontier settlers. The territory was very extensive, and included all that part of the United States which lies west of Pennsylvania and west and north west of Virginia. A land office was ordered to be established in the territory, for the survey and sale of the public lands. The territory, though then under one government, included Ohio, Indiana, Illinois, Michigan, Wisconsin, and Iowa.

A subject of very great consideration, which engaged the attention of the first Congress, was that of additional articles, as amendments to the federal Constitution. A majority of the States, which adopted the national compact, proposed certain articles to be added to it, as has been already observed. These indeed were not made a condition of their assent to and support of the Constitution; but they were an expression of their opinion in favor of these, or similar articles. The most of these went to limit, or rather, more clearly to define the powers granted to the federal or general government. The powers delegated to Congress were for general or national purposes; and were enumerated in the Constitution: But there was also a clause added to this specification, granting authority to make all laws ne

cessary and proper for carrying into execution the several powers particularly mentioned, and all other powers vested in the government of the U. States, by the Constitution. This clause was proper and necessary; but those who were opposed to granting large powers to Congress, and were jealous of State rights; and aware, probably, that men in power, are inclined to extend their authority and to claim more than was meant to be delegated. — All such were desirous of limiting the powers of the federal government to the specific purposes expressed in the Constitution: And to reserve to the several States all the political authority not expressly granted.

In most of the State Constitutions, there was a bill of rights, which was designed to limit, in some measure, the power even of those governments or legislatures. To the federal constitution, there was no such declaration of rights, either of the people or of the State governments; and, from the nature of the federal government, being designed by the several States for specific purposes, many concluded that a bill of rights was unnecessary, as whatever powers were not clearly granted to Congress, remained with the respective State governments. But a majority of the people were not satisfied with this reasoning; and additional articles were therefore proposed by Conventions in most of the States, when they adopted the Constitution.

The subject was justly deemed of great importance by Congress, and early received their close attention and consideration. Mr. Madison, of Virginia, first called the attention of Congress to the subject: and proposed various amendments, all tending to limit or define the powers of the federal government. In the course of discussion on these articles, various alterations were proposed, and many days were occupied in the consideration of them, both by the House of Representatives and the Senate. Sixteen articles were finally approved by the requisite majority of Congress, and recommended to the several States to be adopted, either by the legislatures thereof, or by Conventions called expressly for the purpose, and chosen immediately by the people, as were the Conventions for adopting the original Constitution, in 1787 and 1788.

In most of the States, the proposed amendments were considered and adopted by the legislatures; but in a few cases, Conventions were called for the purpose. Ten of the articles proposed and recommended by Congress-Sep

* The Constitution required two thirds of both Houses.

tember, 1789-were approved by two-thirds of the States; and thus became parts of the federal Constitution, of equal authority and validity as the original instrument. Two other articles were added at a later period, being approved by two-thirds of the States in the Union. The great object of these amendments of the Constitution was to secure the rights of individuals, on charge or suspicion of crimes. committed against the United States, by treasonable acts, or violations of the laws of Congress; and to preserve to the respective State governments all the authority and power not clearly vested in the general government by the federal compact.*

These additional articles of the Constitution were highly important; as they served to define the powers of the federal government, and to prevent its encroachment on the rights of the States. Besides, the Constitution, adopted by the people of the several States, is the rule for the federal legislature, the source of their political power, and to the provisions of which they are obliged to conform. It is the supreme law of the land, and therefore paramount even to the power of the national legislature itself. If it were not so, our republican government would have no more stability than those which have existed, for short periods, in other countries. But for the check thus provided, the general government might have usurped powers, not intended to be granted, and injurious to the proper authority of the several States, by claiming a paramount or supervising authority over them in all cases. And thus have formed a national or consolidated government, which, neither the framers of the Constitution, nor the States which assented to it, intended; though they did intend a consolidation of the Union.

After an adjournment of three months, the Congress again met, on the first of January, 1790; and early in this session, a report was made by the Secretary of the Treasury, in conformity to an order of the House of Representatives before the adjournment. This report related to the financial concerns of the United States, its resources, and the means for supporting the public credit, and gradually paying the public debt; to the probable receipts and expenditures of the year then commenced, and also for future

* Amendments proposed by some States, but deemed of minor importance, were not recommended by Congress; for they were numerous, and probably would have been rejected by most of the legislatures. The New York Convention had proposed to limit the term of the presidential service to four years. A proposition often since made, in and out of Congress.

« ZurückWeiter »