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. 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 system it was thought the members of Congress were too much the mere agents and advocates of state interests, instead of being the impartial umpires and guardians of justice and the general good. To avoid this evil, to prevent too much dependence on the states, the Constitution changed the mode of payment from the states to the United States. Freedom from Arrest. 116. The Senators and Representatives are, in all cases, except treason, felony, and breach of the peace, privileged from arrest during their attendance at the session of their respective Houses, and in going to, and returning from, the same. And, for any speech or debate in either House they are not to be questioned in any other place. 117. The privilege of members of Congress from arrest, except for the offences mentioned in the preceding section, is founded upon important public reasons. They are exempted while going, because it is necessary that they should reach the scene of their labors; they are exempted while there, because if they could be withdrawn from their seats at the suit of creditors, or by any other merely civil process, such as a summons to testify as witnesses, or to serve as jurors, the voice of their constituents would be lost, and the public interests, perhaps, suffer serious inconvenience; they are exempted while returning, because, having gone from home in the service of the public, it is proper that the public should insure their return to it safe from interruption. 118. It has also been held that this privilege from arrest extends to one duly commissioned as a member, though Congress should decide, upon investigation, that he is not entitled to a seat. In going and returning a member is not restricted to a precise number of days, but the law allows him a reasonable time. Nor is he restricted to the most direct route, and any little deviation from it will be presumed to have been directed by some superior convenience or necessity. Neither does the law compel him to set out on his return immediately upon the adjournment'; but allows him time to settle his private affairs, and to prepare for his journey. 119. If the immunity from arrest is disregarded, the member thus unlawfully arrested will at once be discharged on application to a court of justice. He may also maintain an action against the party making the arrest, or procure his indictment for the trespass. But the privileges of a member are not so extensive that his suits cannot be forced to a trial and decision while the session of Congress continues. While privileged from arrests both on judicial and mesne process, and from the service of a summons or other civil process while in attendance on their public duties, none |