No Ambition To Bind Close By Words Which Shall Be
Exacting As Well As Exact Is Apparent.
A very broad power of
interpretation is left to those who were to be the future
interpreters of the written document.
It is declared that "representation and direct taxes shall be
apportioned among the several States which may be included within
this Union, according to their respective numbers," thereby meaning
that representation and taxation in the several States shall be
adjusted according to the population. This clause ordains that
throughout all the States a certain amount of population shall
return a member to the Lower House of Congress - say one member to
100,000 persons, as is I believe about the present proportion - and
that direct taxation shall be levied according to the number of
representatives. If New York return thirty-three members and Kansas
one, on New York shall be levied, for the purposes of the United
States revenue, thirty-three times as much direct taxation as on
Kansas. This matter of direct taxation was not then, nor has it
been since, matter of much moment. No direct taxation has hitherto
been levied in the United States for national purposes. But the
time has now come when this proviso will be a terrible stumbling-
block in the way.
But before we go into that matter of taxation, I must explain how
the South was again favored with reference to its representation.
As a matter of course no slaves, or even negroes - no men of color -
were to vote in the Southern States. Therefore, one would say, that
in counting up the people with reference to the number of the
representatives, the colored population should be ignored
altogether. But it was claimed on behalf of the South that their
property in slaves should be represented, and in compliance with
this claim, although no slave can vote or in any way demand the
services of a representative, the colored people are reckoned among
the population. When the numbers of the free persons are counted,
to this number is added "three-fifths of all other persons." Five
slaves are thus supposed to represent three white persons. From the
wording, one would be led to suppose that there was some other
category into which a man might be put besides that of free or
slave! But it may be observed, that on this subject of slavery the
framers of the Constitution were tender-mouthed. They never speak
of slavery or of a slave. It is necessary that the subject should
be mentioned, and therefore we hear first of persons other than
free, and then of persons bound to labor!
Such were the rules laid down for the formation of Congress, and the
letter of those rules has, I think, been strictly observed. I have
not thought it necessary to give all the clauses, but I believe I
have stated those which are essential to a general understanding of
the basis upon which Congress is founded.
The Constitution ordains that members of both the Houses shall be
paid for their time, but it does not decree the amount. "The
Senators and Representatives shall receive a compensation for their
services, to be ascertained by law, and paid out of the treasury of
the United States." In the remarks which I have made as to the
present Congress I have spoken of the amount now allowed. The
understanding, I believe, is that the pay shall be enough for the
modest support of a man who is supposed to have raised himself above
the heads of the crowd. Much may be said in favor of this payment
of legislators, but very much may also be said against it. There
was a time when our members of the House of Commons were entitled to
payment for their services, and when, at any rate, some of them took
the money. It may be that with a new nation such an arrangement was
absolutely necessary. Men whom the people could trust, and who
would have been able to give up their time without payment, would
not have probably been found in a new community. The choice of
Senators and of Representatives would have been so limited that the
legislative power would have fallen into the hands of a few rich
men. Indeed, it may be said that such payment was absolutely
necessary in the early days of the life of the Union. But no one, I
think, will deny that the tone of both Houses would be raised by the
gratuitous service of the legislators. It is well known that
politicians find their way into the Senate and into the chamber of
Representatives solely with a view to the loaves and fishes. The
very word "politician" is foul and unsavory throughout the States,
and means rather a political blackleg than a political patriot. It
is useless to blink this matter in speaking of the politics and
policy of the United States. The corruption of the venal
politicians of the nation stinks aloud in the nostrils of all men.
It behoves the country to look to this. It is time now that she
should do so. The people of the nation are educated and clever.
The women are bright and beautiful. Her charity is profuse; her
philanthropy is eager and true; her national ambition is noble and
honest - honest in the cause of civilization. But she has soiled
herself with political corruption, and has disgraced the cause of
republican government by the dirt of those whom she has placed in
her high places. Let her look to it now. She is nobly ambitious of
reputation throughout the earth; she desires to be called good as
well as great; to be regarded not only as powerful, but also as
beneficent. She is creating an army; she is forging cannon, and
preparing to build impregnable ships of war. But all these will
fail to satisfy her pride, unless she can cleanse herself from that
corruption by which her political democracy has debased itself.
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