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power of


What is the

Yeas and “YEAS AND NAYS" are simply a call for the record of each mein. nays!

ber's vote upon the questions stated by the Speaker. State the [4.] Neither House, during the session of Congress, adjourn. shall, 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.

52. This places Congress independent of the President, except object of the in cases of disagreement. Story's Const. S 813. power How of SEC. VI.-[1.] The Senators and Representatives cion Penn 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, Privileges ? felony, and breach of the peace, be 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 shall not be questioned in any other

place. What is the 53. COMPENSATION.—The rate of compensation or pay has been compensa several times increased to meet the exigencies of the diminished tiou or inem- value of money. bers?

1 Story's Const. S 858. It is now five thousand dollars per annum for the Senators and Representatives, and eight thousand dollars for the Speaker; and twenty cents a mile, by the nearest usually traveled route. 14 St. p. 323 S 17.

The members of the British Parliament receive no compensation. (1 Blackst. Com. 174, and Christian's note 31); Story's Const. $ 853. The subject is one on which there was much division in The Convention. (Journal of the Convention, 67, 116–119, 142-151; 2 Elliot's Debates. 279, 280; 4 Elliot's Debates, 92-09. Thie reasons for and against discussed. Rawle on the const. ch. 18. p. 179); Story's Consi, $ 854-858. See Confederation, ante Art. V.,

p. 11.

How fixed!

54. “TO BE ASCERTAINED BY LAW,” removes the subject from And why? the pride and parsimony, the local prejudices and local habits of any

section of the Union. (3 Elliot's Debates, 279.) Story's Consi. $ 857.


What are

55 Tuis PRIVILEGE, which means freedom from arrest, has be. their privi- longed to all legislative bodies on the continent, and immemo. leges ?

rially to the English Parliament. ( Black. Com. 164, 165; 43.

Com. Dig. Parliament D. 17; Jefferson's Manual, S 3, Privilege;
Benyon v. Evelyn, Sir 0. Bridge. R. 334.) 1 Story on Const. $

859. It could not be surrendered without endangering the public liberties, as well as the private independence of the members. (1 Kent's Com. Lect. 11. Bolton v. Martin, Dallas 296. Collin v. (ofhin, 4 Mass., R. 1) Story's Const. S 869. See Ante Art. V., p. 11.

It is not merely the privilege of the member or his constituents, but the privilege of the House also. And every man must at his peril take notice who are the members of the house returnert of record. (4 Jefferson's Manual, 4), 1 Story's Const. S 860.

56. "TREASON, FELONY, OR BREACH OF THE PEACE." This From what wculd seem to extend to all indictable offenses, as well those which offences : are in fact attended with force and violence, as those which are only constructive breaches of the peace of the government, inasmuch as they violate its good order. 1 Bl. Com. 166; 1 Story's 192, 191. Coust. 865. The words were borrowed from the common law, 14 Inst. 25; 1 Black. Com. 165; Com. Dig. Parliament D. Breaches of the peace include libels. Rex v. Wilkes, 2 Wilson's R. 151.) Story's Const. 865.

57. ARREST. They are privileged not only from arrest, both on From what judicial and mesne process, but also from the service of a summons arrest privior other civil process, while in attendance on their public duties. leged ! Geyer's Lesse v. Irwin, 4 Dall. 107; Nones v. Edsall, 1 Wall. Jr. 191; 1 Story's Const. § 860; Coxe v. McClenachan, 3 Dall. 478. Jefferson's Manual, $ 3 and 4.

The privilege is personal and does not extend to servants or property. It is only for a reasonable time, eundo, morando, et ad propriu redeundo. (Holliday v. Pitt, ? Str. R. 985; S. C. Cas. Temp. Hard. 28; 1 Black. Com. 16), Christian's note 21 ; Barnard 5. Mordaunt, 1 Kenyon R. 125; 4 Jeff. Manual, S 3); Story's Const. $ 801, 862, 364.

58, THE EFFECT of the arrest is, that it is a trespass ab initio, What is the actionable and indictable, and punishable as a contempt of the house. effect of the 11 Black. Com. 164-166; Com. Diy Parliament D. 17; Jefferson's Manual, $ 3.) Story's Const. § 863. The member may also be dis. charged by motion to a court of justice, or upon a writ of habeas corpus. (Jefferson's Manual, $ 3; 2 Str. 990; 2 Wilson's R. 151; Cas. Temp. Hard. 28). 1 Story's Const. § 863.

59. The privilege from arrest commences from the election and When does it before the member takes his seat or is sworn. (Jefferson's Manual, commence ? $3; but see Comyn's Dig. Parliament D. 17.) Story's Const. S 864.

60. One who goes to Washington duly commissioned to repre. In whose fa sent a State in Congress, is privileged from arrest, eundo, morando et vor? redeundo; and thongh it be subsequently uecided by Congress, that he is not entitled to a seat there, he is protected until he reaches bone, if he return as soon as possible after such decision. Dunton v. Halstead. Penn. L. J. 2:37.



bate? This secures the freedom of debate. (2 Wilson's Law Sect. 156; 246, 247. 1 Black. Com. 164, 165.) Story's Const. § 866.

dom of de venue bills ?

But this privilege is stric:ls confined to words spoken in the course of parliamentary proceedings, and does not cover things done beyond the place and limits of duty. (Jefferson's Maunai, § 3) Story's Const. 866.

The privilege does not cover the publication of the speech by the member. (The King v. Creevy, 1 Maule aud Selw. 273. Cottin v. Coffin, 4 Mass. R. ..) But see Houston's Case (Doddridge and Burgess Speeches in 1832). Story on Const. S 866.

From what offices are

ed ?

[2.] No senator or representative shall, during the senators and time for which he was elected, be appointed to any civil lives exclud- 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.

How does 62. The acceptance by a member of any office under the United tho

aocept- States, after he has been elected to, and taken his seat in congress, ance of one office vacato operates as a forfeiture of his seat. Van Ness's Case, Cl. & Hall, another? 122; Yell's Case in 1846–7. Yell had been elected a volunteer

colonel in Arkansas, and marched to Mexico. He did not resign; but the governor orderel an election, and Newton was elected, and

served out the term. Continuing to execute the duties of an office 25. under the United States, alter one is elected to Congress, but before

he takes his seal, is not a disqualification, such otfice being resigned prior to the taking of the seat. Hammond v. Herrick, C1. & Hall, 287; Earle's Case, Id, 31+; Mumford's Case, Id. 316.

A person holding two compatible offices or employments under 25. the government is not precluded from receiving the salaries of both.

&c. (Converse v. The United States, 21 How. 403.) 9 Op. 508.

63. “ DURING THE TIME FOR WHICH HE WAS ELECTED" does not reach the whole evil. (Rawle on the Const. ch. 19, p. 184; 1

Tucker's Black. App. 375.) Story's Const. 867, 868. What is the A collector cannot, at the same time, hold the office of inspector

of customs and claim compensation therefor. Stewart v. The United holding in

States, 17 llow. 116. compatible offices ? On the acceptance and qualification of a person to a second office,

incompatible with the one he is then holding, the first office is ipso

facto vacated. (The People v. Carrique, 2 Hill, 93.) It operates 25.

as an implied resignation; an absolute determination of the original office. (Rex y. Trelawney, 3 Burr, 1616; Millward v. Thatcher, ? T. R. 87; Wilcock on Municipal Corp. 240, 617; Ang. & Ames on Corp. 255.) Paschal's Annotated Digest, note 200, p. 67; Bien

court v. Parker, 27 Tex. 262. originate re

Sec. VII.—[1.] All bills for raising revenue shall

effect of

Where must

originate in the house of representatives; but the senate may propose or concur with amendments, as on other Lills.


64. This is copied from a rule governing the English Parlia. What are ment. Story's Const. § 864. The reason is that the commons or members of the house are the immediate representatives of the people. Id. Bills are the forms of enactments before they are acted upon by the house. Those for raising revenue are generally framed upon the estimate of the heads of departments.

65. REVENUE. That which returns or is returned; a rent, What is rev. (reditus); income; annual protit received from lands or other property. (Cowell). Burrill's Law Dic. REVENUE.

Here it means what are technically called " money bills.” Story's Const. 8 874. In practice it is applied to bills to levy taxes in the strict sense of the word. (2 Elliot's Debates. 283, 284). Story's Const. S 880. And see 1 Tucker's Blacks. App. 261.


[2.] Every bill which shall have passed the house of what is the representatives and the senate, shall, before it become passing 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 What of 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, How overby which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become 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 if the bill ten days (Sundays exceptel) after it shall have been turned ? 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.

manner of



veto power ?



When do bills take etfect?


66. Every bill takes effect as a law, from the time when it is approved by the president, and then its effect is prospective, and not retrospective. The doctrine that, in law, there is no fraction of a day, is a mere legal fiction, and has no application in such a

In the matter of Richardson, 2 Story, 571; People v. Campbell, 1 Cal. 100. But this is denied to be law. In the matter of Welman, 20 Verm. 653; In the matter of Howes, 21 Id. 619. The practice of the presidents has been not to approre bills, not

signed by the presiding officers before their actual adjourument. Can we go

We cannot go behind the written law. An act of Congress benind the examined and compared by the proper officers, approved by the

president and enrolled in the Department of State, camot afterwards be impugned by evidence to alter and contradiet it.

9 Op.


2, 3.

What is the 67. This returning of the bill commonly called the “VETO velu power! POWER," is simply the negative power of the president, which exists

in the English Parliament. But the king's veto or negative is a final disposition of the bill. 1 Blacks. Com. 154. The privilege is a part of the king's prerogative never exercised since 1692; 1

Kent's Com. 226–229; De Lolme on Const. ch. 17, p. 390, 391. Define the “ VETO;" I (FORBID), the word by which the Roman tribunes word ?

expressed their negative against the passage of a law or other pro. ceeding, which was also called interceding. (intercedere). (Adams' Roman Ant. 13, 145, 140.) Burrills Law Dic. l'ETO. And see 1 Wilson's Law Lect. 443, 149; the Feieralist, No.51, 69, 73; Rawle's Const. Ch. 6, p. 61. 62; Burke's letter to the Sherill's of Bristol in

1777, for the reasons why the exercise has been forborne. What are its It is intended as a defence of the executive authority, and also as objects?

an additional security against rash, immature, and improper laws. Idem, and Story's Const. S 881-893.

The veto power was rarely exercised and never overcome during the first forty years of the government. (Story's Const. S-58.)

The most notable instances of its exercise to prevent le rislation, which had really not been made issues in the popular contests for

the presidency, were the vetos of President Jackson of the renewal 74, 81.

of the charter of the United States bank in 18:32; and also of his veto of the Maysville Turnpike road. In both these messages the constitutional power of Congress was denied.

In the exciting contest of 1810, the recreation of a National bank was one of the favorite issues of the successful party. But Vice. President Tyler, having succeeded to the presideney, after the death of General Harrison, the exercise of the negative power created an obstacle which could not be overcome by a two-thirsis vote. Some Internal improvement measures and the French Spoliation appropriations were also defeated by the negatives of President Polk. But the most notable instances of the exercise of the power have been during the administration of President Johnson.

First, in 1806, the defeat of what is called the “Freedmen's Bureau bill," may be classed among the measures incident to history, where the two-thirds majority could not be found to overcome the negative of the executive. But the passage of the “Civil Rights bill" and the several acts for the reconstruction of the rebel states



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