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15. All the secretaries and postmaster-general, except the secretary of the treasury, report annually to the presi dent, who lays their reports before congress. The secretary of the treasury reports directly to congress.

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1. As has been stated, there was, before the adoption of the constitution, no established national judiciary. The necessity of such a tribunal to decide disputes between states, and other matters of a national character, having become apparent, power was given to congress to establish national courts. (See Cons. Art. 1, § 8; Art. 3, § 1.)

§ 2. It is proper that all cases arising between citizens of the same state, as well as all crimes committed against its laws, should be tried by the courts of the state. But when cases arise under the laws of the United States, or between different states, or citizens of different states; or when crimes are committed on the ocean, or elsewhere beyond the juris diction of a state, it is evident that some other than a state

court ought to try such cases. For example, if a person should violate the laws of congress made for the collection of duties on goods imported, he must be prosecuted in a court of the United States. So a murder committed at sea, beyond the limits of a state, is properly tried in a national court. Piracy, which is robbery on the high seas, is always tried in such court. And so all other cases mentioned in article 2, section 2, of the constitution.

§ 3. The lowest national courts are the district courts. Every state constitutes at least one district; a few of the large states, two each. In each district is a judge, who has power to hold a court. There are also in each district a

postmaster-general and his under officers? What is the compensation of deputy postmasters? 15. To whom do the heads of departments report!

1. What is the object of having national courts? 2. What are some of the cases that properly come before these courts? What is piracy! 3. Which are the lowest national courts? What constitutes a district!

district attorney to attend to suits on the part of the United States, and a marshal, whose duties in this court are like those of a sheriff in state courts. This court has four stated terms a year. It tries certain kinds of civil cases, and the lower crimes against the laws of the United States

§ 4. The circuits embrace larger territories than the districts. There are nine circuits in the United States, each including several states. In each there is a circuit judge, who holds a court in his circuit twice a year. The judge of the district within which the court is held, sits with the circuit judge in holding a circuit court. Besides certain kinds of civil causes, this court tries the highest crimes against the laws of the United States; as murder within forts, arsenals, and other territory, the property of the United States, or on the high seas.

5. The supreme court consists of all the judges of the circuit courts, one of whom is the chief justice of the supreme court. There are but few causes which originate or com mence in this court; its principal business is to rejudge cases that are brought up from the circuit courts. It holds one session annually, at the seat of government, commen cing on the second Monday of January, and continuing about eight weeks.

6. One important object of a supreme court of the United States, is, that a uniform meaning or interpretation may be given to the constitution and laws of the United States. One court may decide a law to be constitutional; another may declare it to be unconstitutional. In one state the constitution may be taken to mean one thing; in another quite another thing. But when a case comes before the supreme court, and is there decided, such decision governs the judgment of all inferior courts thoughout the union.

§7. All judges of the United States' courts are appointed by the president and senate, and hold their offices for life, or during good behavior. The salary of the chief justice i $5,000; that of the associate judges, $4,500 each.

What cases does this court try? 4. Of what territory are the circats composed? How many circuits are there? Who hold the circuit courts! What cases do they try? 5. How is the supreme court constituted! What is its business? Where and when does it meet? 6. What is one important advantage of this court? 7. How are all United States' judges appointed? What are the salaries of the judges of the supreme court?

CHAPTER XLVIII.

Of the Powers of the General Government.

§1. Most of the important powers of the government of the United States, are vested in congress, and will be found numerated in the 1st article, and 8th section, of the constitution. Perhaps the want of none of these powers was so sensibly felt under the confederation, as the first three here mentioned; and it is probably for this reason that they were placed at the beginning of the list.

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2. The first of these is the power "to lay and collect taxes, duties, imposts and excises; and the objects of this power are declared to be, "to pay the debts, and provide for the common defence and general welfare of the United States."

3. Congress had been obliged to borrow large sums of honey to defray the expenses of the war. Several millions were borrowed from France and Holland. But congress had no power, as has been observed, to raise money by taxation. The government could not pay its debts, nor support itself. But by the power here given, it may raise money to any amount necessary for the objects stated in the constitution. And it may raise the money either by direct taxation, that is, by laying the tax directly upon the property of the citizens, or by indirect taxation, which is by duties, imposts, and excises.

4. The nature of duties has been explained. (See duties.) Duties or customs, and imposts, have nearly the same meaning. The last, however, are properly taxes on goods imported only; the first apply to taxes on goods exported as well as on those imported. But as our government does not impose duties on exports, these three words practically signify the same thing. But excise has no reference at all to the exportation or importation of goods; it is a tax laid upon an article manufactured, sold, or consumed, within the country.

1. What three powers of congress are first mentioned? 2. Which is the first? 3. Why was this power necessary when the const tution was framed? What is direct taxation: Indirect taxation? 4. What is the

Such, for example, is the duty paid by keepers of taverns and groceries for the privilege of selling liquors.

§ 5. Notwithstanding congress has power to raise money by taxation in several ways, it has seldom been four.d necessary to exercise it in any other way than by laying duties on foreign goods, and on the vessels in which they were imported. How effectual this mode of taxation has been, will appear from the following facts:

§ 6. At the close of the revolutionary war, the national debt amounted to $42,000,000, on which congress could not so much as pay the interest. Two years after the constitu tion went into effect, the debt had risen to $75,000,000; in 1804, to $86,000,000. From that time it gradually dimin ished until the commencement of the late war, in 1812, when it was reduced to $45,000,000. By that war, the debt was again increased, being in 1816, $127, 000,000.

§ 7. Now the raising of so large a sum by a direct tax, would have been very oppressive. Wherefore congress ex ercised its power of taxation almost exclusively in laying duties on imports; and from the revenue thus raised, not only have the yearly expenses, of the government been defrayed, but this vast national debt has long since been paid, besides leaving in the treasury a large surplus, which has been distributed among the states, and loaned out to the citizens.

§ 8. Equally necessary is the power next mentioned, "to borrow money on the credit of the United States." Large sums of money are sometimes wanted to pay a debt before they can be raised from the revenues or regular income of the nation; and sometimes immediately, as in case of war. in such case, congress must tax the people, or borrow the money. But who would lend the government, if it had not the means of paying?

§ 9. Here, then, we see the utility of both these powers, Capitalists are now willing to lend their money to the govern ment, because, if other means of paying its debts should be insufficient, it has power to raise the money by direct

taxation.

difference between duties and imposts? What is an excise? 5. Have direct taxes been often laid? each period here mentioned.

6. State the amount of the national debt at 7. By what means has this debt been paid!

§ 10. The power to regulate commerce with foreign na tions," which is next in the list, seems to be, in a measure, connected with the first, "to lay duties." It will be remembered that, before the war of the revolution, the colonies were dependent on Great Britain for manufactured goods. By the war, trade with that country was interrupted. But when peace was restored, the British again sent their goods into this country; but they levied heavy duties upon American produce and American vessels coming into their ports, with the view of so raising the price of foreign agricultural products, as to compel her citizens to buy those of their own country. Thus was the trade of the two countries placed on an unequal footing. We wanted English goods, but England would not take the produce of our labor in exchange, without subjecting it to heavy duties.

§ 11. Hence, some regulations concerning foreign trade became necessary. Congress had not the power to regulate commerce; it belonged to the states. But the states, acting separately, were unable to effect the object desired; they could not agree upon any system of measures. A change in the government must be made before the evil could be remedied. And we learn from the history of that day, that, to give to the general government power to regulate trade was one of the principal causes, perhaps the more immediate cause, of calling the convention that framed the constitution. § 12. It has just been remarked, that the two powers, "to lay duties, ," and "to regulate commerce," are nearly allied. Indeed, the former has been used to, carry into effect the intentions of the latter. The first law but one, passed by the first congress under the constitution, authorized "duties to be laid on goods, wares, and merchandises, imported," and for purposes, one of which was declared to be, "the encouragement and protection of domestic manufactures." England having by her regulations of trade encouraged the supplying of her own people with provisions, congress intended, by laying duties upon foreign goods, to encourage the manufacture of similar goods at home.

$8,9. Why is the power to borrow money necessary? 10. What power is next mentioned? What is said about our trade with Great Britain? 11. What then became necessary? Why could they not be made? What did this lead to? 12. What law was passed by the first congress

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