§ 252. Unless some restraint were imposed upon congress, either house might interrupt the public business, by adjournments for periods of time of unnecessary length. The time of the final adjournment is fixed by a concurrent resolution of both houses. Every second year, congress must of necessity adjourn on the third day of March, as the terms for which all the representatives and one-third of the senators are elected, expire on that day. It is the day also on which, in every fourth year, the president's term of office expires.

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253. "The senators and representatives shall receive a compensation for their services, to be ascertained by "law, and paid out of the treasury of the United States. "They shall in all cases, except treason, felony, or breach “of the peace, be privileged from arrest, during their at"tendance 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 shall not be questioned in any other place."—Art. 1, sec. 6, cl. 1.

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§ 254. If adequate compensation were not allowed to members of congress, men of poverty, however meritorious, would be excluded from the councils of the nation; and the law-making power would be thrown into the hands of such wealthy and ambitious persons as would be able or willing to support themselves in office. The practical result of this would be, that the rich and powerful would legislate for their own benefit. The present compensation of a member of congress is eight dollars for every day's attendance in the house, and eight dollars for every twenty miles of the esti mated distance, by the most usual route, from his residence, both going to, and returning from, the place of the meeting of congress. The president of the senate pro tempore, in the absence of the vice president, and the speaker of the house of representatives, respectively receive double daily compensation for every day's attendance.

§255. Privilege from arrest is due, no less to the constit

ments limited? § 252. What is the object of this limitation? § 253. What does the constitution provide concerning the compensation and privileges of members? § 254. What is the compensation of members? Why is compensation deemed necessary? § 255.. Why is the

uents of a representative, than to himself. Prosecutions at law might be instituted against members, from motives of personal resentment or political animosity, with the design of preventing their attendance in congress. Hence the ne cessity of a provision securing to the people the services of their representatives.

§ 256. Freedom of speech and debate is guarantied to members of congress, that they discharge their duties fear. lessly. Questions sometimes arise which affect the charac ter of individuals, who, to prevent the exposure of their conduct, might attempt to intimidate members, or awe them into silence, by threats of prosecution. Liberty of speech is therefore properly secured to members by constitutional enactment. If, however, a member publish a speech con. taining libellous statements, he may be prosecuted as in ordinary cases of libel.

§257. "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 increased, 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."-Art. 1, sec. 6, cl. 2.

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§ 258. The object of this clause is to preserve the purity of legislation. Civil offices are created, and the salaries of public officers established, by congress. And as the power of appointment virtually resides in the executive, with whom members might previously collude for appointment to these offices, a provision prohibiting such appointment was inserted in the constitution, in order to remove from members all inducements to create unnecessary offices. A person may be elected to congress by the people, while holding an office under the United States; but such office must be resigned before he can be entitled to a seat in congress.

§ 259. In carrying out the intention of this clause, con

privilege from arrest granted? § 256. Why is freedom of speech and debate allowed? When does a libellous statement become punishable? $257. Under what restrictions are members respecting the receiving and holding of offices? § 258, 259. Why are these restrictions deemed

gress has provided, by law, that no member shall be allowed to make any contract, or have any interest in any contract to be made, with any officer of the United States, or with any person authorized to make contracts on the part of the United States. Upon conviction for a violation of this law, a member is adjudged guilty of a high misdemeanor, and liable to be fined three thousand dollars; and the contract is declared void.

§ 260. "All bills for raising revenue shall originate in "the house of representatives; but the senate may propose 66 or concur with amendments, as on other bills."-Art. 1, sec. 7, cl. 1.

§ 261. The former part of this clause is conformable to the practice of the parliament of Great Britain, in which bills for raising revenue originate in the house of commons. It was deemed proper to confine this power to the popular branch, whose members are directly responsible to the people, from whom the tax or revenue is to be collected. The necessity, however, of such a provision in our constitution is by some supposed not to exist. It is thought necessary in Great Britain, because the house of lords are entirely independent of the people, having hereditary rights and privileges. But no argument can be drawn from the British house of lords, as the senate of the United States is at least indirectly accountable to the people. Bills for raising revenue, according to the practice of congress, are such only as provide for levying taxes, in the strict sense of the term. Those which indirectly increase or create revenues, may originate in either house.

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$262. "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 66 originated, who shall enter the objections at large on their

necessary? Illustrate this provision by an example? § 260. In which house must revenue bills originate? § 261. Why is their origination confined to the house? What are revenue bills? § 262. What power has the president in enacting laws? How may bills become laws without his approval? Describe the manner of passing bills. (§ 75–78.)

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www.al, and proceed to reconsider it. If, after such reconside, ation, two thirds of that house shall agree to pass "the dill, it shai 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. Rut, 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 pre"sented to him, the same shall be a law, in like manner as "if he had signed it, unless the congress, by their adjourn"ment, prevent its return, in which case it shall not be a law."-Art. 1, sec. 7. cl. 2.

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For the manner of passing bills, and the reasons for the power of the executive to negative bills passed by both houses, see § 79, 80, 81, 82.

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§ 263. "Every order, resolution, or vote, to which the concurrence of the senate and house of representatives may be necessary, (except on a question of adjournment,) "shall be presented to the president of the United States; "and, before the same shall take effect, shall be approved "by him; or, being disapproved by him, shall be repassed "by two thirds of the senate and house of representatives, "according to the rules and limitations prescribed in the case of a bill."—Art. 1, sec. 7, cl. 3.

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§ 264. This clause is intended to prevent the evasion of the president's negative. It was foreseen that, instead of enacting laws in the usual manner by passing bills, congress might change its mode of action, and pass any measure in the form of an order or resolution. Hence every vote requiring the concurrence of both houses must be presented to the president for his approval; except on a question of adjournment; and in this case he has no power, unless the two houses cannot agree upon the time. (§ 492.)

§ 263, 264. What provision has been made to prevent an evasion of the president's negative ?

CHAPTER VII.

Powers of Congress.-Taxes, Duties, &c.'

$265. "THE Congress shall have power to lay and col"lect taxes, duties, imposts, and excises, to pay the debts "and provide for the common defence and general welfare "of the United States; but all duties, imposts, and excises "shall be uniform throughout the United States.”—Art. 1, sec. 8, cl. 1.

§ 266. Some suppose this clause was intended to confer two distinct powers; one, to lay and collect taxes, duties. &c.; the other, to pay the debts, and provide for the com mon defence and general welfare. Others are of the opinion, that only one power is granted, namely, to lay and collect taxes; and that these words are qualified by those following; as if the clause were to read, "congress shall "have power to lay and collect taxes, duties, imposts, and "excises," for the purpose of paying, or in order" to pay "the debts, and provide for the common defence and general "welfare." The latter appears to be the more natural construction, and is that which has been given to the clause by most expositors of the constitution, among whom is Mr. Jefferson.

§ 267. It has been remarked, that every government ought to have power to provide for its support. For this purpose, the power of taxation is indispensable; for, without it, a government cannot furnish the money necessary to. defray the expenses of its administration. The want of this power under the confederation, had been severely felt. The framers of the constitution, therefore, to remedy this defect, inserted this clause, granting complete power to procure a regular and adequate supply of revenue.

§ 268. This clause, however, met with much opposition, both in the convention of the framers, and in the conventions of the people of the states by which the constitution was

§ 265. For what purposes may congress lay and collect taxes and duties? § 266. What various constructions have been given to this clause? 267. Why is the power of taxation necessary? § 268.