The power member in the Senate. Each one I imagine, like Senator Tillman wants a "slice for his constituents." A member of a recent congress complained to me that although he had secured six millions out of the Treasury for his district, an ungrateful constituency were supporting six competitors against him for renomination. I believe, and I am certain the American people will believe that he should have given more attention to the country at large rather than have kept an eye single to his particular district. 110. The Senate at Work* The freedom of debate in the Senate as contrasted with the party discipline imposed in the House is thus described by Mr. H. L. West in a recent article in the Forum. In the Senate the individual is supreme. Any Senator may of the single address the presiding officer and secure recognition at any time when the floor is not occupied by a colleague. He can offer a resolution upon any subject, and, through admirable rules, can place the Senate upon record as to its disposition. If the majority of the Senate desires to send the resolution to some committee crypt, where it shall remain buried until the campaign, for instance, is safely over, the reference is secured only after a yeaand-nay vote. If the resolution goes upon the calendar, any Senator can at any time move that the Senate proceed to its consideration a question which must be determined without debate. This again places the Senate upon record, and is a proceeding almost unknown in the House. Almost every day the record is made up in the Senate upon some test question, because the right of the individual is not abridged or restricted. Unlimited debate. As long as any Senator desires to speak upon any bill under consideration, just so long must a hearing be accorded and a vote postponed. This is what is popularly known as unlimited debate. It is the one thing which makes the Senate absolutely unique in legislative bodies. Only recently the River and Harbor Appropriation Bill failed to reach a final vote, because a Senator occupied the floor during the last thirteen hours of the session, ostensibly criticising the measure, but, in reality, talking against time, with the knowledge that when the hands of the clock reached the hour of noon, Congress would expire by limitation, and the bill would die. In its own way, the Senate accomplishes more work — that is it enacts more bills than the House of Representatives. No Senator objects for the mere sake of objecting; because he is aware that if he is captious, he will himself encounter innumerable stumbling-blocks when he seeks the passage of measures in which he is interested. He is only one of ninety Senators, any one of whom has every privilege which he enjoys. ence of It is the fact that each Senator is a power unto himself that Independgives the Senate its peculiar place in our system of government. Senators. When a vote upon a treaty or an important measure is to be canvassed, it is necessary to know the individual view of each Senator, a task frequently surrounded with some difficulty. There is more independence of thought and action in the Senate than in the House. Instances where two Senators of the same political party from the same State vote upon opposite sides of the same question are by no means rare, and, of late years, have become quite common. Party leaders, therefore, take occasion, during the days occupied in a prolonged debate, to investigate the condition of their own ranks, and strengthen, by such pressure as may be most effective, any weakness they may discover. The right of any Senator to speak at any time, upon any subject, and at any length, develops orators and debaters. No man who possesses a talent in this direction need lack of opportunity to prove his capacity. If he is really a great orator, if he actually demonstrates his logical and thoughtful mind, he forges to the front, and must be reckoned with by those who assume leadership. If, on the other hand, he is dull and slow-witted, lacking both strength of thought and forcefulness of expression, he will sink by his own weight. The recognition of talent. Senate approval of House amendments. The joint conference committee. III. Communications between the Houses These extracts from the Congressional Record illustrate the way in which agreements and disagreements between the two bodies are registered, and arrangements made for conferences. A message from the Senate, by Mr. Parkinson, its reading clerk, announced that the Senate had agreed to the amendments of the House of Representatives to the bill (S. 640) to extend the provisions, limitations, and benefits of an act entitled "An act granting pensions to the survivors of the Indian wars of 1832 to 1842, inclusive, known as the Black Hawk war, Creek war, Cherokee disturbances, and the Seminole war," approved July 27, 1892. This message also announced that the Senate had disagreed to the amendments of the House of Representatives to the bill (S. 5269) to provide a commission to secure plans and designs for a monument or memorial to the memory of Abraham Lincoln, late President of the United States, had asked for a conference with the House on the disagreeing votes of the two Houses thereon, and had appointed Mr. Wetmore, Mr. Hansbrough, and Mr. Vest as the conferees on the part of the Senate. CHAPTER XV THE FEDERAL JUDICIARY 112. Constitutional Provisions ARTICLE III courts. SECTION 1. The judicial power of the United States shall be The vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. of the courts. SECTION 2. The judicial power shall extend to all cases in law Jurisdiction and equity arising under this Constitution, the laws of the United States, and treaties made or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign states, citizens, or subjects. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. The decision based on certain principles. The right to create with limited The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. 113. Power of the Courts to Pass on the Constitutionality of Federal Statutes The Constitution nowhere expressly confers upon the Supreme Court the power of declaring statutes invalid on the ground of unconstitutionality. This power has been derived with inexorable logic from the nature of the instrument itself, and was for the first time asserted by Chief Justice Marshall in the celebrated case of Marbury v. Madison from which this extract is taken. The question whether an Act repugnant to the Constitution can become the law of the land, is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it. That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most governments conduce to their own happiness, is the basis on which the whole American fabric has been erected. The exercise of this original right is a very great exertion; nor can it nor ought it to be frequently repeated. The principles, therefore, so established, are deemed fundamental. And as the authority from which they proceed is supreme, and can seldom act, they are designed to be permanent. This original and supreme will organizes the government, and assigns to different departments their respective powers. It may either stop here, or establish certain limits not to be transcended by those departments. powers. Why limitations if not to be obeyed? The government of the United States is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written. To what purpose are powers limited, and to what pur |