Yeas and nays?

State the

power of adjourn

ments.

What is the

"YEAS AND NAYS" are simply a call for the record of each member's vote upon the questions stated by the Speaker.

[4.] Neither House, during the session of Congress, 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. § 843.

power?

How of compensation?

SEC. VI.-[1.] 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, 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 compensa

bers?

53. COMPENSATION.-The rate of compensation or pay has been several times increased to meet the exigencies of the diminished tion of mem- value of money. 1 Story's Const. § 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 § 17.

How fixed?

The members of the British Parliament receive no compensation. (1 Blackst. Com. 174, and Christian's note 34); 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, 92-99. The reasons for and against discussed. Rawle on the Const. ch. 18, p. 179); Story's Const, § 854-858. See Confederation, ante Art. V., p. 11.

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 Const. $ 857.

53.

What are 55 THIS PRIVILEGE, which means freedom from arrest, has betheir privi- longed to all legislative bodies on the Continent, and immemoleges? rially to the English Parliament. (1 Black. Com. 164, 165; Com. Dig. Parliament D. 17; Jefferson's Manual, § 3, Privilege; Benyon v. Evelyn, Sir O. Bridge. R. 334.) 1 Story on Const. §

48.

859. It could not be surrendered without endangering the public liberties, as well as the private independence of the members. (Kent's Com. Lect. 11. Bolton v. Martin, Dallas 296. Coffin v. Coffin, 4 Mass., R. 1) Story's Const. § 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 returned of record. (4 Jefferson's Manual, 4), 1 Story's Const. § 860. 56. TREASON, FELONY, OR BREACH OF THE PEACE." This From what would 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, 194. Const. § 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 privileged? or other civil process, while in attendance on their public duties. Geyer's Lesse v. Irwin, 4 Dall. 107; Nones v. Edsall, 1 Wall. Jr. 191; 1 Story's Const. § 860; Coxe v. McClenachau, 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 propria redeundo. (Holliday v. Pitt, 2 Str. R. 985; S. C. Cas. Temp. Hard. 28; 1 Black. Com. 165, Christian's note 21; Barnard v. Mordaunt, 1 Kenyon R. 125; 4 Jeff. Manual, § 3); Story's Const. $861, 862, 864.

arrest

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 (1 Black. Com. 164-166; Com. Dig. Parliament D. 17; Jefferson's Manual, § 3.) Story's Const. § 863. The member may also be discharged 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 before the member takes his seat or is sworn. $3; but see Comyn's Dig. Parliament D. 17.)

from the election and When does it (Jefferson's Manual, commence! Story's Const. § 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 though it be subsequently decided by Congress, that he is not entitled to a seat there, he is protected until he reaches bome, if he return as soon as possible after such decision. Dunton v. Halstead. 4 Penn. L. J. 237.

61. AND FOR ANY SPEECH OR DEBATE IN EITHER HOUSE THEY What is free SHALL NOT BE QUESTIONED IN ANY OTHER PLACE."

This secures the freedom of debate. (2 Wilson's Law Sect. 156;

1 Black. Com. 164, 165.) Story's Const. § 866.

dom of debate?

246, 247.

offices are

represents

ed?

But this privilege is strictly 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 Manual, § 3) Story's Const. 866.

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

From what [2] No senator or representative shall, during the senators and time for which he was elected, be appointed to any civil tives 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

ance of one

another?

62. The acceptance by a member of any office under the United the accept- States, after he has been elected to, and taken his seat in congress, office vacate operates as a forfeiture of his seat. Van Ness's Case, Cl. & Hall, 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 ordere l an election, and Newton was elected, and served out the term. Continuing to execute the duties of an office under the United States, alter one is elected to Congress, but before he takes his seat, is not a disqualification, such office being resigned prior to the taking of the seat. Hammond v. Herrick, Cl. & Hall, 287; Earle's Case, Id. 314; Mumford's Case, Id. 316.

25.

25.

What is the effect of holding incompatible offices?

25.

Where must originate revenue bills?

A person holding two compatible offices or employments under the government is not precluded from receiving the salaries of both. &c. (Converse v. The United States, 21 How. 463.) 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.

A collector cannot, at the same time, hold the office of inspector of customs and claim compensation therefor. Stewart v. The United States, 17 How. 116.

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 as an implied resignation; an absolute determination of the original office. (Rex v. Trelawney. 3 Burr, 1616; Millward v. Thatcher, 2 T. R. 87; Wilcock on Municipal Corp. 240, 617; Ang. & Ames on Corp. 255.) Paschal's Annotated Digest, note 200, p. 67; Biencourt v. Parker, 27 Tex. 262.

SEC. VII.-[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.

bills?

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.

enue?

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

Here it means what are technically called "money bills." Story's Const. § 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. § 880. And see 1 Tucker's Blacks. App. 261.

manner of

laws?

165.

veto power?

come?

[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 excepted) 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.

354.

855.

be not re

When do bills take effect?

Can we go behind the

record?

What is the

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 case. In the matter of Richardson, 2 Story, 571; People v. Campbell. 1 Cal. 400. 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 approve bills, not signed by the presiding officers before their actual adjournment.

We cannot go behind the written law. An act of Congress examined and compared by the proper officers, approved by the president and enrolled in the Department of State, cannot afterwards be impugned by evidence to alter and contradict it. 9 Op. 2, 3.

67. This returning of the bill commonly called the "VETO veto 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 word?

What are its objects?

74, 81.

87.

166.

'VETO;" I (FORBID), the word by which the Roman tribunes expressed their negative against the passage of a law or other proceeding, which was also called interceding. (intercedere). (Adams' Roman Ant. 13, 145, 146.) Burrill's Law Dic. VETO. And see 1 Wilson's Law Lect. 448, 449; the Federalist, No. 51, 69, 73; Rawle's Const. Ch. 6, p. 61. 62; Burke's letter to the Sheriff's of Bristol in 1777, for the reasons why the exercise has been forborne.

It is intended as a defence of the executive authority, and also as an additional security against rash, immature, and improper laws. Idem. and Story's Const. § 881-893.

The veto power was rarely exercised and never overcome during the first forty years of the government. (Story's Const. § 888.)

The most notable instances of its exercise to prevent legislation, which had really not been made issues in the popular contests for the presidency, were the vetos o President Jackson of the renewal of the charter of the United States bank in 1832; 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 1840, the recreation of a National bank was one of the favorite issues of the successful party. But VicePresident Tyler, having succeeded to the presidency, after the death of General Harrison, the exercise of the negative power created an obstacle which could not be overcome by a two-thirds 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 1866, 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