Слике страница
PDF
ePub

CHAPTER XXIII.

I. OFFICERS OF THE FEDERAL GOVERNMENT.

THE Constitution, most of which we have heretofore given, declares the mode of electing the legislative department of the government, and defines its powers and duties, and imposes limitations, independent of all statutory provision.

It confers and defines those in the judicial department in many essential particulars, but leaves much to the consideration and action of the legislative branch.

It also confers powers and imposes duties upon the executive, and prescribes limitations.

The number of officers constituting the federal government, their duties, not expressed in the constitution, compensation, and duration of their terms of service, are mostly prescribed by statutes. At the hazard of some repetition, the constitutional and statute duties of the different departments and officers will be so far given, under the name of each, as to enable the reader to acquire a general knowledge of both. These will be stated with all possible accuracy, without encumbering this work with quotations or references, or extending its size by

illustrations or minor details. The powers and duties of the different branches of the government, as well as those of the different officers constituting it, will be separately given.

2. CONGRESS COLLECTIVELY.

The legislature consists of senators and members of the House of Representatives, collectively called Congress. The constitution prescribes their mode of election, powers, and duties, and the limitations upon their authority. There are few statutes in relation to either. The members of both houses are forbidden to become interested in contracts with or claims upon the government. They are prohibited from practicing in the Court of Claims, and prosecuting claims before the departments. They enjoy the franking privilege. The members of both houses receive the same compensation-a salary of $5000, and twenty cents a mile for travel in going to and returning from a meeting of Congress.

It has been determined that senators and members of the house are not civil officers of the United States, so as to be impeachable, they being officers or representatives of the States and people.

CHAPTER XXIV.

I. THE SENATE OF THE UNITED STATES.

THE Senate (signifying an assembly of elders) is the highest American legislative body. But, except in trying impeachments, ratifying treaties, and consenting to appointments by the President, and electing a Vice-President, when the electors fail to do so, it has no constitutional powers which are not also conferred upon the House of Representatives. It has its own. modes of proceeding. From its organization on the 4th of March, 1789, until the December session, in 1795, except during the discussion, in February of that year, of the right of Albert Gallatin to a seat in that body, when it was insisted he was an alien and ineligible, the sessions of the Senate were with closed doors. During that period there are no records of the debates, or any proceedings, except the brief memoranda of votes and resolutions, and amendments to bills, found in its journals and in the annals of Congress. Up to the present time, its sessions, when considering treaties and nominations, are with closed doors.

On important occasions, such as considering a declaration of war, where the public interests require

secrecy, the galleries and lobbies are cleared, and the doors locked. The broadest publicity is now given to all other legislative proceedings, and to some considerable extent at the expense of the treasury. The proceedings of both houses are carefully and pretty accurately preserved in a paper published at Washington under their patronage, called the Congressional Globe, which is largely purchased by the government, and distributed by senators and

members.

OFFICERS OF THE SENATE.

A

THE VICE-PRESIDENT.

The constitution provides that the Vice-President shall be President of the Senate. This is his only duty, except when there is a vacancy in the office of president, when the duties of that office devolve upon him. The conditions of eligibility are the same as required of the President. He is elected in the same manner as the President when the electors make the choice. But when no one receives a majority of all the votes given, he is elected by the Senate from the two highest on the list. For the purpose of such an election, it requires two thirds of the whole number of senators to form a quorum, a majority of whom can elect. He takes an oath to support the constitution and perform the duties of his office, which may be taken before any officer compe

tent to administer oaths. When he becomes President, by reason of a vacancy in that office, he ceases to be the presiding officer of the Senate.

His duties as presiding officer require him to receive the certificates of votes cast for President and Vice-President, and to open and count them in the presence of both houses of Congress, and to declare the result of the election. If no person has been elected, he notifies the House of Representatives, and informs it who are the three highest on the list from which it is to elect a president, and reports to the Senate the two highest from whom it is to elect a vice-president.

He receives all communications addressed to the Senate from the President, the House of Representatives, or any person applying to the Senate for any purpose, preserves order in the Senate chamber and galleries, and determines all questions of order in debate.

He also directs the order of business, and gives the casting vote when the Senate are equally divided.

He authenticates by his signature all bills and resolutions passing the Senate, which are to be sent to the President or House.

When so directed by the Senate, he appoints the standing and other committees.

2. He does not participate in the debates in the Senate, except to assign his reasons for his opinions and decisions.

« ПретходнаНастави »