also to consider the expediency of providing that certain actions of tort shall not be brought against any volunteer, either in the military or naval service of the United States, during his absence from the Commonwealth on duty, under his present enlistment, and of modifying the statute of limitations for such

cases.

Congressional Districts.

It will be necessary for additional legislation to be had relative to the election of Representatives in Congress. By the result of the last national census,

it

appears that for the next decennial period this Commonwealth will be entitled to but ten members of the lower House, losing one member from its present proportion. To this inevitable result of the increase of the great Western States in population, Massachusetts yields a cheerful acquiescence. She recognized from the beginning that her narrow limits and less fertile soil would prevent successful competition with her younger sisters in the great race for material strength; but she still trusts to the intelligence and enterprise of her people to retain that degree of political power, which once she wielded by right also of predominance of population.

I respectfully suggest the expediency of no longer insisting by statute that each representative in Congress shall be an inhabitant of the District from which he is elected. This is simply a restriction upon the

among

the

freedom of choice to be exercised by the various constituencies, who ought all to be treated by the law of Massachusetts as capable of selecting from citizens of the Commonwealth their best representatives. Our limited territory, and the homogeneous character and interests of our people, their intimacy of relations, their nearness to each other by means of their network of railways, the numbers whose legal habitations are in a town or city, while their daily business is from five to fifty or more miles remote therefrom, all tend to render it desirable that each constituency shall be unfettered in its freedom to select the wisest and ablest citizen at its command to sit in the National Council, especially in this grave emergency of our public affairs.

And the law, as it stands, is subject to the grave objection of unconstitutionality. The eligibility of a person to an office must be determined by the constitution or the law under which the office was created, and by which its jurisdiction and functions are prescribed. The office of Representative in Congress is created by the constitution of the United States, by which also its powers, duties and incidents are determined. And the constitution fixes the conditions of eligibility by requiring that "No person shall be a age of representative who shall not have attained the twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen."

The question of the right of a State to add new conditions to those of the constitution, was examined in the thirty-fourth Congress by both houses, in the exercise of their respective powers to judge of the elections and qualifications of their own members. It was elaborately discussed and with great ability, and was settled in the negative by both houses, by decisive majorities; and a senator and a representative whose elections were contested on the ground that they were ineligible by the constitution of the State from which they were elected, though not so by the constitution of the United States, retained their seats. Conspicuous instances have occurred in which members of Congress have served without objection, notwithstanding limitations of State law. It seems, therefore, well settled both by precedent and principle, that a State has no power to fix or define the qualifications of a senator or a representative in the Congress of the Union.

Direct National Tax.

By the Act of Congress of August fifth, in the past year, a direct annual tax of $20,000,000 was laid upon the United States, to be assessed upon "the value of all lands and lots of ground, with their improvements and dwelling-houses." The proportion assigned to Massachusetts, of this tax, is $824,581.33. By the same Act it is provided that any State may assume and collect its quota, and pay the same into the National Treasury, it being lawful to use for this

purpose the last or any subsequent valuation list made by authority of such State, for purposes of its own taxation; and that any State which shall, on or before the second Tuesday of February of each year, give notice through its Governor or other proper officer, to the Secretary of the Federal Treasury, of its intention so to assume, collect, and pay its quota, shall, by way of compensation for the expenses of collection, be entitled to a deduction of fifteen per cent., according to the amount paid by it into the Federal Treasury "on or before the last day of June in the year to which such payment relates," "such year being regarded as commencing on the first day of April." Under date of November 29th last, a communication was addressed to me by the Secretary of the Treasury, making inquiry "whether the authorities of Massachusetts will assume and pay the amount of direct tax apportioned to that State by the existing law, and also whether in case of any change in the law, by which a different and perhaps larger amount shall be apportioned to the State, the authorities will probably assume and pay it." To this communication I had the honor to reply, giving personal assurances in the affirmative; and I now respectfully refer the subject to the immediate attention of the General Court, with the recommendation that at the earliest day I may be empowered officially to notify the Secretary of the intention of Massachusetts to assume the collection of her quota of this tax for the present

year, and that the necessary legislation may immediately be had for the purposes of such collection.

It is true that it may be said that the Act provides that the quota of any State may be satisfied in whole or in part by the release by such State of any liquidated claim against the United States, of equal amount, and that Massachusetts has claims against the United States, far exceeding her total quota, which claims will probably become liquidated before such quota becomes due. The release of a suitable portion of these claims may afford a convenient method of insuring payment in season to secure to us the full deduction of fifteen per cent.; but in this instance it is questionable whether we should rely upon the offset of such liquidated claims to relieve ourselves from the immediate collection of this tax, for the principle upon which the State bonds were issued, on which bonds the money was raised, the expenditure of which on service of the United States constitutes the basis of such claims, was that all scrip or certificates of debt received in payment, should constitute a sinking fund for the redemption of the bonds so issued. As the annual tax of $20,000,000 on the States is a continuing imposition, not being limited by law to the present year, but being intended as a continuing source of revenue to the Federal Government, it is as well that we should assume and realize its burden at once,