Punishment of Members.

103. It has been contended that the Constitution only confers on each House of Congress the power to punish its members for disorderly behavior during the session of the House, and within its presence. But the prevailing opinion is, that members may be punished for disorderly behavior committed during the session of Congress, no matter whether it be committed within or without the walls of the House; and that a member may be expelled for any misdemeanor inconsistent with his trust and duty, no matter whether he commits the misdemeanor during the session of Congress or otherwise, nor whether such misdemeanor is punishable by statute or not.

104. Each House of Congress not only possesses this express power of punishing its own members, but the implied power of protecting itself from injury or insult on the part of others; or, in other words, of punishing for any contempts committed against itself. This power of punishment is deemed essential to the dignity, safety, and self-protection of a deliberative assembly.

105. The extent to which it may be carried has been a subject of grave discussion, and the conclusion arrived at is, that it is limited to imprisonment, which must terminate with the adjournment of Congress. For although the legislative power continues per

petual, the legislative body ceases to exist at the moment of its adjournment or periodical dissolution.

The Journal of Proceedings.

106. Each House must keep a journal of its proceedings, and, from time to time, publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either House, on any question, must, at the desire of one-fifth of those present, be entered on the journal.

107. A journal preserves in permanent form a record of the proceedings of Congress, and its publication, from time to time, insures to the people authentic information of their official acts. As the proceedings of Congress, however, are generally conducted in public, and immediately communicated to the people through the press, and in advance of the official publication of their journal, this provision of the Constitution may, on a first view, seem to be needless. But when we consider that neither House is required to sit with open doors, and might, if they chose, conduct all their proceedings in secret, as was done by the Senate at the outset of the government, the importance of this provision for the publication of their journal will appear.

108. When business of a confidential nature is

brought before either House, all persons are excluded but their officers. The Senate, too, holds what are termed Executive Sessions," in which confidential communications from the President are considered, such as nominations to office, treaties, &c. The journal of its proceedings on occasions of this kind, unless the injunction of secrecy has been removed, is not made public, but is kept in a distinct record, which is only accessible to certain privileged persons.

The Yeas and Nays.

109. The importance of that portion of the clause which requires the yeas and nays to be entered on the journal, if one-fifth of the members present desire it, is obvious. By this means the people know how their representatives vote, and thus caution and deliberation are induced on the part of the latter. As too much time, however, would be consumed in calling the yeas and nays on every question, and as they might be called by factious or dissatisfied members for the sole purpose of delaying and embarrassing the passage of measures, it is wisely provided that they shall not be called, or entered upon the journal, unless at the desire of one-fifth of the members present.

Adjournments.

110. Neither House, during the session of Congress, can, without the consent of the other, adjourn

for more than three days, nor to any other place than that in which the two Houses shall be sitting.

111. This clause was intended to prevent either House from interrupting the regular course of legislation by undue adjournments. In this particular they are restrained both as to time and place. In case of disagreement between them, with respect to the time of adjournment, the President may adjourn them to such time as he shall think proper. With this exception, the executive department has nothing whatever to do with the duration or the adjournment of Congress. In England, on the contrary, the King may prorogue or dissolve Parliament at his pleasure.

Duration of Congress.

112. It will be recollected that the members of the House are chosen for two years, and also that the seats of one-third of the Senators become vacant every second year. Hence the duration of each Congress is two years. And as the Constitution requires them to assemble at least once in every year, it follows that each Congress will necessarily hold not less than two sessions. In addition to these, the President is empowered, on extraordinary occasions, to convene both Houses, or either of them.

CONSTITUTION OF THE UNITED STATES.

89

PRIVILEGES AND DISABILITIES OF MEMBERS.

Compensation.

113. The Senators and Representatives receive a compensation for their services, ascertained by law, and paid out of the Treasury of the United States.

114. In England, the members of Parliament receive no compensation; their services being considered merely honorary. It seems, however, to harmonize best with the genius of a republican government to adopt the contrary practice. Without compensation an undue advantage would be given to the rich. Men of talents, who were not favored by fortune, might be deterred from seeking or accepting a position whose expenses they could ill support. And, if they did obtain a seat in the national councils, their necessities might expose them to pecuniary temptations.

115. The Congress of the Confederation were paid. by their respective states; but the Senators and Representatives under the Constitution are paid out of the Treasury of the United States-the amount being determined by an act of Congress. Under the first