latures, exists generally under the State constitutions, and it has long been exercised in England, not only by the members of Parliament, but by their wives and children. Our Constitution limits the privilege to senators and representatives themselves, and does not extend it to their families.

§ 158. This privilege, however, is limited. It does not extend to treason, which is defined in another part of the Constitution; nor to felony, which is a legal term of wide signification, used to denote a class of crimes which, by the ancient common law of England, occasioned a forfeiture of land or goods, and to which the punishment of death was generally attached; nor does it extend to a breach of the peace, which is a violation of the public order or a disturbance of the public peace.

§ 159. No member of Congress can be lawfully questioned in any other place for any speech or debate in either house. The object of this is to secure freedom of speech, independence, and liberty in the discussions. But if a member publish a speech which is libellous, it is said he is not protected by his privilege, and may be proceeded against as in ordinary cases of libel. The debates in Congress have for many years, however, been reported and published at the expense and by the authority of Congress.

[Clause 2.] "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."

§ 160. This clause is intended to prevent members of Congress from creating civil offices, or increasing the salary attached to such offices already existing, for the sake of benefiting or advancing themselves. No senator or representative can, during the term for which he has been elected, be appointed to an office which has been created, or to one the emoluments of which have been increased, during such term, although he may be appointed after the expiration of the term.

§ 161. The prohibition in the former part of the clause does not extend to military offices, because they frequently require to be filled immediately, without delay; but no officer under the United States, either civil or military, can be a senator or representative during his continuance. in office. A person may hold an office under the United States when elected a member of Congress; but he must resign it before he can take his seat in Congress.

CHAPTER VII.

THE ENACTMENT OF LAWS.

SECTION 7. [Clause 1.] "All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

§ 162. Bills for raising revenue are generally considered to be those only by which taxes are levied, and not such as may incidentally have the effect of creating a revenue. In England, the House of Commons possesses the sole

power of originating bills for raising revenue, or "money bills," as they are called there; and the Commons will not suffer the House of Lords to make the least alteration or amendment in, or exert any power over, such bills, but that of simply agreeing to or rejecting them.

§ 163. A similar right to originate all bills for raising revenue is granted by the Constitution to the House of Representatives, because that body is more popular in its character, more immediately dependent upon the people, and more directly represents their opinions and wishes, and possesses at the same time more knowledge of the local wants and resources of each part of the country.

§ 164. The Senate is not a permanent and hereditary body, like the House of Lords; but is an elective body, representing the States; and as the States, as such, are interested in the apportionment of direct taxes, there seemed no good reason for excluding the Senate from some control over money bills. They are, therefore, allowed to propose or concur with amendments, as on other bills, but they cannot originate such bills.

[Clause 2.] Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall be

come a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

§ 165. The Constitution does not prescribe the mode of enacting laws; that is determined by the rules and practice of the Senate and House of Representatives. Bills may originate either in the Senate or the House of Representatives, except they be bills for raising revenue, which, as we have just seen, must originate in the House. The general mode of passing bills in both bodies is quite similar, though not in all respects the same. It will be sufficient, for an understanding of the subject, to refer more particularly, as an illustration of the manner of enacting laws, to the course pursued in the House of Representatives.

§ 166. By the rules of the House, a bill, which is the original form or draft of a law proposed to be enacted, may be introduced into the House in the report of a committee, or upon a motion by a member of the House for leave to introduce it. In the latter case, at least one day's notice of the motion must be given, or a memorandum thereof filed with the clerk and entered on the journal. But the rule in regard to the introduction of bills on leave is rarely practised; nearly all the bills not regularly

reported by a committee are introduced with or without consent, as the case may be.

§ 167. By another rule, every bill shall receive three several readings previous to its passage, and no bill can be read twice on the same day without the special order of the House. The first reading is for information, and if opposition is made, which is not usual, however, at the first reading, the question is put, "Shall this bill be rejected ?" If no opposition is made, or if the question to reject be negatived, the bill goes to its second reading without any motion for that purpose and in such cases the actual practice is for the second reading to take place forthwith, immediately after the first reading, it being understood that it is by the special order of the House. The whole bill is not, in point of fact, read, but only its title, for members are informed of the contents of the bill by printed copies of it, which are furnished to them, except in the case of bills introduced cn leave, which are never printed until reported back from the committee to which they may have been referred, which is after the second reading, as every bill is read twice before it is referred.

§ 168. Upon the second reading of a bill, it may, according as the House shall determine, be committed, that is, referred, either to a select committee, or a standing committee, or a committee of the whole house; or it may be ordered to be engrossed, that is, copied on paper in a fair round hand, and a day be appointed when it shall be read a third time. According to the uniform practice of the House for many years, whenever a bill is ordered to be engrossed it is immediately read the third time. It is usually engrossed in advance; but whether engrossed or not, it is considered as engrossed, a question as to the fact of engrossment being seldom if ever raised.