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POWERS OF CONGRESS.

489

roads” was Gerry's. Both Madison and Pinckneya suggested the encouragement of science and the protection of authors and inventors,-ideas incorporated by the Committees of Eleven and of Detail. Admiralty Courts were established by the Articles of Confederation, whose provision on the subject was in part the precedent for constituting tribunals inferior to the Supreme Court. Ellsworth of Connecticut suggested punishment of piracies and felonies committed on the high seas and offenses against the law of nations; and Madison and Randolph3 the power of Congress “to define them.” To declare war and to grant letters of marque and reprisal were authorized by the Articles, but the particular provision on the subject in the Constitution was chiefly the work of Gerry, Pinckney and the Committee of Eleven.

The Articles of Confederation also provided for making requisitions for troops. Gorham suggested that Congress should have power to raise and support armies, but Pinckneys was the author of the limitation that no appropriation of money to that use should be for a longer term than one year, but the time was modified to two years by the Committee of Eleven. The clause to provide and maintain a navy was taken from the Articles. Gouverneur Morris was the author of the clause empowering Congress to provide "for calling forth the militia to execute the laws of the Union, suppress insurrection and repel invasion."

4

1 August 16; Elliot, V, 434. An act of Parliament regulated the post office system in the Colonies and fixed postal rates.

2 August 18; Elliot, V, 440. 3 August 17; Elliot, V, 437.

4 August 17; Elliot, p. 439; August 18, Elliot, p. 440. September 5; Elliot, p. 510. The power to declare war was proposed in the fifth article of Franklin's plan of 1775.

5 August 20; Elliot, V, 445. September 5; Id., p. 510. 6 August 23; Elliot, V, 467.

490

POWERS OF CONGRESS.

That Congress shall have power for organizing, arming and disciplining the militia was suggested by Ellsworth, but that this authority should govern such a portion of them as might be employed in the service of the United States was a condition fixed by Dayton of New Jersey.? The reservation to the States of the appointment of the officers was a survival from the Articles of Confederation.3 That the militia should be trained according to a discipline prescribed by Congress was suggested by Madison. He also proposed the exclusive control of the Federal District by Congress, in which idea he was suppported by Pinckney;5 but the clause, as it stands, was chiefly the work of the Committee of Eleven. In his letter to Washington, of the preceding March, Madison had urged the principle embodied in Bedford's motion of the seventeenth of July, and now known as the "sweeping clause" of the Constitution.?

It was due to General Pinckney of South Carolina that the Constitution permitted the importation of slaves,8 but the limit of time, 1808, was proposed by Dickinson.9-10 The principle of the habeas corpus act was a part of the

1 August 18; Elliot, V, 443. 2 August 23; Id., 465.

3 Articles VII and IX which declared the general powers of Congress referred to above.

4 August 23; Elliot, V, 466.
5 August 18; Id., 439.
6 July 17; Id., 220.
7 Art. I, Sec. 8, Ci. 18.
8 August 20; Id., 445.
9 August 25; Id., 477.

10 SECTION 9. 1. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each person.

LIMITATIONS

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CONGRESS.

491

constitutions of Georgia, Massachusetts and New Hampshire, but the provision respecting the suspension of the writ was the work of Gouverneur Morris.2_3 Bills of attainder and ex post facto laws were forbidden specifically by the constitutions of four States and practically by all the others. Gerry and McHenry," who were from States whose constitutions forbade such laws, proposed the clause on the subject in the Constitution. The Committee of Detail was the author of the provision requiring the apportionment of direct taxes to the census and also of the

1 Georgia, 1777, Article LX; Massachusetts, 1780, Part 2, Chapter VI, Article VII; New Hampshire, 1784.

2 August 28; Elliot, V, 484; see also Pinckney, Ib.

82. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of Rebellion or Invasion the public Safety may require it.

4 North Carolina 1776, Article XXIV; Maryland, 1777, Article XV; Massachusetts, 1780, Part 1, Article XXIV; New Hampshire, 1784, Part 1, Article XXIII.

5 August 22, Elliot, p. 462; see also Rutledge, August 28, p. 485.

6 3. No Bill of Attainder, or ex post facto Law shall be passed.

4. No Capitation or other direct Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

5. No Tax or Duty shall be laid on Articles exported from any State.

6. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties, in another.

7. No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

8. No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

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LIMITATION

OF STATES.

injunction on laying taxes on exports from any State. To Carroll and Luther Martin! we owe the clause forbidding discriminations in post regulations, and to Sherman’ the clauses forbidding the withdrawal of money from the treasury, except by lawful appropriations, and calling for the regular publication of the receipts and expenditures of public money. The clause on titles of nobility and the acceptance of gifts, offices and titles from foreign powers was proposed by the Committee of Detail, though the germ of it was found in the Articles of Confederation.3

That the powers of the State should be limited and especially as to bills of credit had been earnestly urged by Madison in his letters to Jefferson and Washington just before the Convention met, and the Articles of Confederation put several limitations on the States, all of which were incorporated in the Constitution.4 Wilson and Sherman were the immediate authors of the clause forbidding a State to “make anything but gold and silver coin a tender in payment of debts;"5 and Pinckney, of the provision forbidding the States to keep troops, or ships of war, in time of peace. The remaining provision limiting the States was the work of the Committee of Detail.?

1 August 25, Id., p. 479.
2 August 28, Id., p. 484.
3 Article VI.
4 Articles of Confederation VI.
6 August 28, Elliot, V, 484.
6 August 20, Elliot, V, 445.

7 Section 10: 1. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any title of Nobility.

2. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws; and the

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The title "President,” for the Chief Executive, was given by the Virginia charters of 1606, 1609 and 1611, to the presiding officer in the meetings of the directors of the London and Plymouth companies, and doubtless the word soon found its way into the colony. The title was used in the charter of New England, of 1620; in the grant of New Hampshire to John Mason, in 1629; in the New England Union, of 1643; thirty-six years later in the New Hampshire commission, and in the last colonial charter, that of Georgia of 1732. At the time of the Revolution, the term was taken up as a proper title for the chief executive, and was used in the constitutions of five States.2 The title was also given to the presiding officer of Congress. Franklin, the President of Pennsylvania, was a member of the Federal Convention. It was the Committee of Detail that gave the title to the Chief Executive of the United States. Wilson suggested that the executive

net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

3. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops or Ships of War, in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or Engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

1 These Charters may be found in Poor's Charters and Constitutions.

2 Pennsylvania 1776, Sections I and III. South Carolina, 1776, Article III; Delaware, 1776, Article VII; New Jersey, 1776, Article VI; the governor was president of the council; New Hampshire 1784.

3 1776-1789; explicitly by the Articles of Confederation IX.

4 Article II. Section 1: 1. The Executive Power shall be vested in a President of the United States of America. He shall hold his office during the Term of four Years, and, together with the Vice-President, chosen for the same Term, be elected as

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