Sidebilder
PDF
ePub

shall judge that such extra number cannot be safely spared out of the same; in which case they shall raise, officer, clothe, arm and equip, as many of such extra number as they judge can be safely spared; and the officers and men so clothed, armed and equipped shall march to the place appointed, and within the time agreed on, by the United States in Congress assembled.

The United States in Congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sum and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the numbers of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy, unless nine States assent to the sanie; nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States in Congress assembled.

The Congress of the United States shall have power to adjourn at any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations as in their judgment require secrecy; and the yeas and nays of the delegates of each State, on any question, shall be entered on the journal, when it is desired by any delegate; and the delegates of a State, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several States.

ARTICLE X. The committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall, from time to time, think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the Articles of Confederation, the voice of nine States, in the Congress of the United States assembled, is requisite.

ARTICLE XI. Canada, acceding to this Confederation, and joining in the measures of the United States, shall be admitted into and entitled to all the advantages of this Union; but no other colony shall be admitted into the same unless such admission be agreed to by nine States

ARTICLE XII. All bills of credit emitted, money; borrowed, and debts contracted by or under the authority of Congress. before the assembling of the United States, in pursuance of the present Confederation, shall be deemned and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged.

[ocr errors]

ARTICLE XIII. Every State shall abide by the determina. tions of the United States in Congress assembled, on all questions which, by this Confederation, are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State; and the Union shall be perpetual. Nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to, in a Congress of the United States, and be afterward confirmed by the legislatures of every State.

And whereas, it hath pleased the great Governor of the world to incline the hearts of the Legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify, the said Articles of Confederation and Perpetual Union :

KNOW YE, That we, the undersigned delegates, by virtue of the power and authority to us given for these prosents, in the name, and in behalf, of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and Perpetual Union, and all and singular the matters and things therein contained. And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which, by the said Confederation, are submitted to them; and that the articles thereof shall be inviolably observed by the States we respectively represent; and that the Union shall be perpetual.

In witness whereof, we have hereunto set our hands in Congress.

Done at Philadelphia, in the State of Pennsylvania, the ninth day of July, in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the Inde. pendence of America.

[Here follow the signatures of the delegates from New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. Forty-eight in all.]

Appointments to Office. (See Term and Tenure of Office.)

Apportionment is the allotment to any portion of the people of the right of selection of a member in a legislative body, or the allotment to them of the duty of providing a certain proportion of a tax. It may be based on status, geographical divisions, or on numbers. The United States Constitution, Article 1, section 3, apportions two Senators to every State, a geographical apportionment; in Article 1, section 2, the apportionment of representatives is based on the number of free persons (excluding Indians), plus three-fifths of all slaves, being

thus dependent partly on number and partly on status. The Fourteenth Amendment does away with the limitation as to status and bases the apportionment on numbers merely, excluding Indians and persons without cause deprived of their right to vote. The Constitution provisionally apportioned the representatives according to the best information obtainable, assigning to each State a specified number and provided for subsequent periodical enumerations, establishing a minimum of 30,000 persons to one representative. In 1792 an apportionment based on the census of 1790, assigned one hundred and five members, one to every 33,000 inbabitants, all fractions being disregarded, and in 1802 an apportionment on the same terms was made based on the census of 1800, the total of members being one hundred and forty-one. The census of 1810 caused in 1811 one hundred and eighty-one members to be distributed among the States, one member being assigned to 35,000 persons. The census of 1820 increased the number of members to two hundred and twelve, and the number of persons to whom one representative was assigned to 40,000. The census of 1830 resulted in a law giving one member to every 47,000 people, a total of two hundred and forty members. In all these apportionments fractions had been disregarded, but the discussion following the census of 1840 ended in the adoption of the principle of representation to fractions larger than onehalf. `In this debate a proposition to force States to elect by districts was voted down. By the act of 1842 there were two hundred and twenty-three members, being one in 70,680 persons; six members being assigned to States having fractions larger than one-half. In 1850 S. F. Vinton, of Ohio, amended the bill providing for the taking of the census, so as to leave the apportionment on the following basis in the hands of the Secretary of the Interior. This law came to be known as the Vinton Bill. As subsequently passed it provided for two hundred and thirty-three members. The total population of the country was to be divided by two hundred and thirty-three, thus obtaining the number of constituents of each member, then by dividing the total population of each State by the basis thus obtained, the number of representatives assigned to each State for full constituencies would be obtained; the number of members remaining was then to be apportioned among the fractions until exhausted. One member was subse. quently added to California. The ratio was one to 93,420. The principle of the Vinton Bill has since prevailed in all of the apportionments. Based on the census of 1860, two hundred and forty-one members were apportioned, being one to every 126,840 persons. The thirteenth, fourteenth and fifteenth amendments abolished the slaves as a basis for representation, but the provision in the fourteenth amendment ordering a reduction in the number on which the apportionment is to be based, in cases of causeless deprivation of persons of the right to vote, has been deemed impracticable and is now dis. regarded. In 1872, four members were assigned to States not having the full number required for one representative, two hundred and seventy-nine were apportioned among the remaining States on the principle of the Vinton Bill, and nine additional were subsequently added to certain States, making a total of two hundred and ninety-two, or one in 131,425 persons. The latest apportionment took effect March 4, 1883. By it three hundred and twenty-five members sit in Congress, being one to every 151,912 persons.

Appropriations. - Article 1, section 7, clause 1 of the Constitution provides that “All bills for raising revenue shall originate in the House of Representatives;" a similar privilege has been claimed by the House in the case of appropriations of public money, but in this case the claim has not been insisted on. Previous to 1865 the appropriation bills were in the House considered by the Committee of Ways and Means, but in that year the Committee on Appropriations was formed. By a rule of the House and Senate, appropriation bills must include only items authorized by existing laws, and they cannot contain provisions changing existing laws. But this rule is frequently disregarded. These bills

must be reported to the Committee of the Whole, and may be reported at any time, taking precedence of any other measures. This rule puts vast power into the hands of the chairman of the committee, and of late years this power has been used to choke discussion on the subject of the tariff, by withholding the report of the appropriation bills until the end of the session and then introducing them at a time when the most urgent duties of Congress having been performed, that topic is most likely to come up for discussion. In the House the yeas and nays on the passage of these bills must be recorded. But bills are frequently passed under a suspension of this rule. In the Senate this is not necessary. The Appropriation Committee in that body was organized in 1867, the Finance Committee having previously had that matter in charge. The appropriation bills are made up from estimates furnished by the heads of the executive departments; these are usually much reduced in the House, and these estimates are again usually raised by the Senate (which body has less political capital to make out of a claim of economy); a compromise between the two usually results in appropriations considerably lower than the amount asked for by the department officers. This necessitates the passage, at the beginning of every session, of a bill to supply the deficiency of the previous appropriations; this bill is known as the Deficiency Bill. · The annual appropriation made by the United States Congress for the expenses of the Government for the fiscal year ending June 30, 1892, was $323,783,079, of this amount over $135,000,000 was for pensions.

Besides these appropriations there are “ permanent annual appropriations,” or money expended by the treasury by virtue of laws whose operation involves the expenditure without a specific appropriation renewed each year, as interest on the public debt. For the expenditures of the government, see Expenditures and Receipts of the United States.

Arbitration, International.—The earliest method of settling international disputes was by war. This

« ForrigeFortsett »