Section Vi. Members.

Clause 1.--Privileges.

The senators and representatives shall receive a compensation for the services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases except treason, 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.

See discussion in connection with state legislature, p. 85.

The salary of congressmen is, therefore, fixed by themselves, subject only to the approval of the president. It is now $5000 a year, and mileage. The speaker receives $8000 a year and mileage. The president pro tempore of the Senate receives the same while serving as president of the Senate.

They are serving the United States.

Defined on pages 158 and 211.

So that their constituents may not for frivolous or sinister reasons be deprived of representation.

That is, he cannot be sued for slander in a court of justice, but he can be checked by his house, if necessary, and the offensive matter omitted from the Record.

The purpose of this provision is not to shield cowards in speaking ill of persons who do not deserve reproach, but to protect right-minded members in exposing iniquity, no matter how the doers of it may be intrenched in wealth or power.

Clause 2.--Restrictions.

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.

The obvious purpose of this provision is to remove from members of congress the temptation to create offices with large salaries for their own benefit, or to increase for a similar reason the salaries of offices already existing. It was designed also to secure congress from undue influence on the part of the president.

The wisdom of the provision has, however, been seriously questioned. "As there is a degree of depravity in mankind, which requires a certain degree of circumspection and distrust, so there are other qualities in human nature, which justify a certain portion of esteem and confidence. Republican government presupposes the existence of these qualities in a higher form, than any other. It might well be deemed harsh to disqualify an individual from any office, clearly required by the exigencies of the country, simply because he had done his duty.... The chances of receiving an appointment to a new office are not so many, or so enticing, as to bewilder many minds; and if they are, the aberrations from duty are so easily traced, that they rarely, if ever, escape the public reproaches. And if influence is to be exerted by the executive, for improper purposes, it will be quite as easy, and its operation less seen, and less suspected, to give the stipulated patronage in another form." [Footnote: Judge Story.]

This was to obviate state jealousy, to allay the fears entertained by some that the general government would obtain undue influence in the national councils.

TABULAR VIEW.

Each pupil may make out a tabulation, giving briefly the facts called for in this outline:

I. CONGRESSIONAL ELECTIONS, HOW REGULATED. II. SESSIONS OF CONGRESS-- 1. Frequency. 2. Time of beginning. III. POWERS AND DUTIES OF EACH HOUSE-- 1. Membership. 2. Quorum. 3. Discipline. 4. Publicity. 5. Adjournment. IV. MEMBERS OF CONGRESS-- 1. Privileges. 2. Restrictions.

Debate.

Resolved, That members of the cabinet should have seats in congress ex officio.

Pertinent Questions.

Why not leave the power to regulate congressional elections unreservedly with the states? Where are the United States senators from this state elected?

How are United States senators elected? See appendix.

Is congress now in session? Will the next session be the long or the short one? When, within your recollection, was there an "extra session" of congress? Could the president convene one house without the other? Which is the longest session of congress on record? Does congress meet too often?

Where does congress now meet? Is that the best place? At what different places has congress met since the adoption of the constitution?

If two persons should claim the same seat in the House of Representatives, who would decide between them? How would the contest be carried on? (See page 330.) Has there ever been a "contested" election from this state?

What number of representatives is the least that could transact business? The least number of senators? The least number of representatives that could possibly pass a bill? Of senators? What is done if at any time during the proceedings it is found that there is "no quorum present?"

Has a member ever been expelled from either house? May either house punish for disorder persons who are not members? Can either house temporarily set aside all of its rules?

Did you ever see a copy of the Congressional Record? If congress be now in session, make a weekly report of its proceedings. How could you see congress in session? Could you be a spectator at a committee meeting? How could you witness an "executive session" of the Senate?

Can a member be punished for an offense committed before he was elected?

How is voting usually done in a deliberative assembly? How in Congress? How are territories represented in congress?

Distinguish between the "capital" and the "capitol" of the United States. Who has power to locate the capital of the United States?

Has the salary of congressmen ever been more than $5000 a year? How were congressmen paid under the confederation?

What is meant by the House resolving itself into a committee of the whole?

When does the freedom from arrest of a member of congress begin? When does it end? Could a summons be served upon him during that time?

What is slander? Libel? Is a member of congress liable for the publication of his speech in the Congressional Record? Would he be responsible if he should have it published in any other than the official way?

Can a member of congress resign to accept an office already in existence, and whose emoluments have not been increased during his term? Give examples. If a United States officer be elected to congress, how long can he retain his office? Could a member of congress be appointed to a military office created during his term? Can a member be appointed after his term is out to an office created during his term?

Is a member of congress an officer of the United States?