Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1894-02-23
THE AMERICAN CONGRESS-.
Clarke G. Fitts's Professional
Club Paper
Read and Discussed at the February
Meeting, Monday Evening"; 10Th Inst.

and Lawyer Clarke G.. Fits was the es
sayst at the February meeting of the Pro-
fessional club Monday evening. In begin
ming his paper Mr.. Fits considered first
the various steps which led up to the con
stitutional Congress as it is seen TODAY.
The most important preliminary action
was through the Federal convention of
1884, Prior to that time, while the Con-
tinental Congress might legislate upon
general subjects under the powers delegated
to it by the articles of confederation it
could in no way enforce its laws. The
states were at liberty to accede to and obey
Its mandates, or not, as they saw fit. The
jealousies, and conflicting interests of the
several states, with the sovereign power
resting in each of them Individually as it
did, brought about that chaotic condition
of political affairs which existed during the
Few years Immediately succeeding the Rev
olutlon. The determinations of one state
against another, carried sometimes to the
extent of imposing heavier duties against
each other than against importation from
Europe, destroyed that bond of unity which
held the colonies together during the
struggle for independence. Hence the Fed.
eral convention and the formation of a
stronger central government. The strup-
gle of divergent internal issues, the de-
mand of tire larger states that their repre-
sentation should be according to popula-
ton, and the unwillngness of the smaller
states to give up their equal voice with the
larger states, which they had in the Con-
tlnental Congress, led to the adoption of
the plan of two houses for the national
legislature, one OF popular representatives,
coming direct from the people, and APP
portioned according to the population, the
other of representatives of the states them
selves, each state having equal voice.
The essayst then took up the specific
powers granted to Congress and the specific
limitations of its authority. Special men
ton was made of the power of Congress
to raise revenue in the different ways, to
provide for the common defence and zen
eral welfare, to borrow money, to coin
money, to regulate commerce with foreign
nations and among the states, to declare
war, to raise and support armies, and in
particular to make and enforce all laws
necessary to carry into execution the pre-
negatives granted.
Under the head of specific limitations
were mentioned the inviolability of habeas
corpus, that no bill of attander or eX post
facto law should be passed, all capitation
or other direct taxes to be i'm PROMOTION
TO population, no duty on exports to be
levied, and no preference to be shown to
one state over another; the prohibition of
titles of nobility, and the protection of
civil rights under the first amendment
After referring briefly to the debate in
the Federal convention upon these articles
Mr.. Fits proceeded to recount in a gener-
al way the more important instances in
which Congress has exceeded its preroga-
tive, or where the rights of Congress in
the premises have been questioned In
this list were mentioned the authority civ
EN- the President 70 deport foreigners I'M
der the alien and sedition law of 179S. a
measure which first brought out the idea of
nulllhcatlon; the assent of Congress to the
Louisiana purchase of 1903: the embargo
act OF lSO1; the national bank establish
ments of 1901 and 1916, to charter which
Congress had to make an extremely broad
construction of the organic law: the sever
al tariff measures, all bringing forward a
discussion of the constitutlonaity of pro-
tective tariff the endeavor of Congress 10
fix the bounds between free and slave ter
ritory, as in the Missouri compromise of
1920; the deposit of the surplus revenues
in 1886; the annexation of Texas bv Joint
resolution; the legal tender act of 1852;
and those great measures arising from the
necessities compelled by the war of the
rebellion, notably the freedman bureau
law, the civil rights bill, the tenure of Of
lice bill, and the reconstruction acts.
The rule OF the club which prohibits the
discussion of political questions prevented
more recent measures from being taken up.
as 1t also prevented discussion of the rules
OF Congress, which have become so largely
questions OF political dispute in recent
years.
Without expressing individual opinion of
the merits of any of these great measures.
! the essayist believed it could be safely said
that the great debates which have marked
the course of COngress-no notably that be-
tween Webster and Hayne, the discussion
| concerning slavery, and the pleas for the
equal rights of man as they fell from the
lips OF Charles Summer-would equal in
historic interest, and in the commanding
ability which they displayed, any which
the world has known.
Mr.. Fitts's address showed the careful
study of an intelligent student of the con-
stltutional history of our national legisla.
tive system.
Judge Wheeler and Judge J. NJ. TYLER
led the discussion. Judge Wheeler spoke
of the wisdom shown by the fathers i'm
making the division which exists between
the Federal and state governments. The
country is so large that it would be impos-
! sible for Congress to leglslate on general
domestic affairs The decks of ships are
treated as the soil of the country to which
they belong. The only subjects of general
! legislation within the province of Congress
| pertain to ships and the District of Col
umba. Congress can coin money which
the states cannot; it can regulate inter
state commerce, it can establish post-oilices
and post-rOads, but it cannot interfere with
matters pertaining TO the individual states.
Judge Tyler spoke of the difficulties I'M
| der which legislation in Congress is ac-
! complished Of the great mass of legisla-
| tion introduced at every session, but a
! small fraction is ever enacted into laws.
! OF $1,000 bills introduced in the Fifty
| second Congress only some 400 became
! laws-abOut three per cent. As rule the
| 20 different committees work with great
| diligence upon the bills committed to them,
! but the number of bills " hich ever come
| before Congress after passing through the
committees is small. The House never
clears up any one of its three calendars, as
is done in state legislatures. Sometimes a
member succeeds in getting recognized by
the speaker very difficult tning-and
then calls up from committee some bill