the commencement of the Congress to which he shall have been elected, each person afterwards elected or appointed to fill such vacancy shall be compensated and paid from the time that the compensation of his predecessor ceased.-R. S., sec. 51.

TERM OF SERVICE.

The term of service of Members is construed to begin on the 4th of March, immediately after the expiration of the preceding Congress.

The day of the expiration of a Congress, March 4, is not specifically fixed by the Constitution or any statute. It results from the fact that the First Congress under the Constitution was authorized to commence, and did commence, its proceedings on the first Wednesday in March, 1789, which fell on the 4th day of the month. Article I, section 2 of the Constitution, providing that members shall be chosen every second year, has been construed by usage, at least, as limiting the term to two years. Whence it follows that a Congress must expire on the 4th day of March of every odd year.

(See Adjournment sine die, ante, pp. 246-8.)

PROHIBITED FROM HOLDING CERTAIN OFFICES.

No 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.— Const., 1, 6, 2, 5.

No Representative shall be appointed an elector.-Const., 14, 3, 31.

No Member shall practice in the Court of Claims.-R. S., sec. 1058.

PRIVILEGES OF.

The Senators and Representatives 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.-Const., 1, 6, 1, 5.

(See Privilege.)

A member of the House, Thirty-ninth Congress, having been arrested and detained on civil process, and the matter being referred to the Committee on the Judiciary, that committee reported a resolution, directing that a warrant issue commanding him deliver the Member from the custody of the officer by whom he was detained. The resolution was adopted; the warrant was afterwards returned executed, and the Member restored to his seat in the House.-Journal, 2, 39, 103, 105.

It was held in a recent decision by Judge Dyer, of the United States district court for the eastern district of Wisconsin, that the privilege of a Member extends to exemption from service of process even though not accompanied with an arrest.

Also held: That the time allowed for going to and returning from the Capitol must be construed as a reasonable time; and that a slight deviation from the usual route for rest, convenience, or because of sickness, did not terminate or suspend the exemption. Miner v. Markham, decided August 9, 1886. Federal Law Reporter.

Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds, expel a Member.-Const., 1, 5, 2, 5.

This power is evidently given to enable each House to exercise its constitutional functions of legislation unobstructed. It can not vest in Congress a jurisdiction to try a Member for an offense committed before his election; for such offense a Member, like any other citizen, is amenable to the courts alone.Report 815, by Judiciary Committee, First Session Forty-fourth Congress.

A smaller number than a quorum may be authorized to compel the attendance of absent Members in such manner and under such penalties as each House may provide.-Const., 1,5; 1,5.

RESIGNATION OF.

The right of a Member to resign his seat as a Representative can not be questioned by the House.-Congressional Globe, 2, 41, p. 1547.

A communication from a Member, informing the House that he had transmitted to the governor of his State his resignation of his seat in Congress, held to be sufficient evidence that he is no longer a Member of the House.-Journal, 2, 41, p. 373.

The resignation is made to the governor of the State, but the name of the Member remains on the roll of the House until the House is formally notified of the resignation, either by the Member himself or by the governor of his State..-See Report No. 2679, Judiciary Committee, 2, 48.

BRIBERY OR ATTEMPTED BRIBERY OF.

Every person who promises, offers, gives, or causes, or procures to be promised, offered, or given, any money or other thing of value, or makes or tenders any contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, to any Member of either House of Congress, either before or after such Member has been qualified or has taken his seat, with intent to influence his vote or decision on any question, matter, cause, or proceeding which may be at any time pending in either House of Congress, or before any committee thereof, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and shall be, moreover, imprisoned not more than three years.-R. S., sec. 5450.

Any Member of either House of Congress who asks, accepts, or receives any money or any promise, contract, undertaking, obligation, gratuity. or security for the payment of money, or for the delivery or conveyance of anything of value, either before or after he has been qualified or has taken his seat as such Member, with intent to have his vote or decision on any question, matter, cause, or proceeding which may be at any time pending in either House or before any committee thereof, influenced thereby, shall be punished by a fine not more than three times the amount asked, accepted, or received, and by imprisonment not more than three years.-R. S., sec. 5500. (See Bribery.)

No Member of Congress shall be interested in any public contract, under a penalty of three thousand dollars fine; and

if any officer of the United States, on behalf of the United States, shall make such a contract with a Member of Congress, he shall be liable to the same penalty.-See R. S., secs. 3739 to 3742.

Ever Member of Congress or any officer or agent of the Government who, directly or indirectly, takes, receives, or agrees to receive any money, property, or other valuable consideration whatever, from any person for procuring, or aiding to procure, any contract, office, or place from the Government or any Department thereof, or from any officer of the United States, for any person whatever, or for giving any such contract, office, or place to any person whomsoever, and every person who, directly or indirectly, offers or agrees to give, or gives, or bestows any money, property, or other valuable consideration whatever, for the procuring or aiding to procure any such contract, office, or place, and every member of Congress who, directly or indirectly, takes, receives, or agrees to receive any money, property, or other valuable consideration whatever after his election as such member for his attention to, services, action, vote, or decision on any question, matter, cause, or proceeding which may then be pending, or may by law or under the Constitution be brought before him in his official capacity, or in his place as such Member of Congress, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars. And any such contract and agreement may, at the option of the President, be declared absolutely null and void; and any Member of Congress or officer convicted of a violation of this section shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States.-R. S., sec. 1781.

No Senator, Representative, or Delegate, after his election and during his continuance in office, and no head of a Department, or other officer or clerk in the employ of the Government, shall receive or agree to receive any compensation whatever, directly or indirectly, for any services rendered, or to be rendered, to any person, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United

States is a party, or directly or indirectly interested, before any Department, court-martial, bureau, officer, or any civil, military, or naval commission whatever. Every person offending against this section shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars, and shall, moreover, by conviction therefor, be rendered forever thereafter incapable of holding any office of honor, trust, or profit under the Government of the United States.-R. S., sec. 1782.

REQUIRED TO ATTEND SESSIONS OF THE HOUSE.

Every Member shall be present within the Hall of the House during its sittings, unless excused or necessarily prevented.Rule VIII, clause 1.

Any fifteen Members (including the Speaker, if there be one) shall be authorized to compel the attendance of absent Members.-Rule XV, clause 2.

(See Call of the House; Absent Members.)

MEMORIALS.

(See Petitions.)

MERCHANT MARINE AND FISHERIES.

(See Committees.)

MESSAGES FROM THE PRESIDENT.

The President shall, from time to time, give to the Congress information of the state of the Union and recommend to their consideration such measures as he shall judge necessary and expedient. Const., 2, 3, p. 16.

The annual message of the President, with the accompanying documents, is usually communicated to the House at the commencement of each session, but usually not until after he has been notified through a joint committee of the two Houses that a quorum of each body has assembled, and is ready to receive any communication he may be pleased to make; although it was otherwise in the Thirty-fourth and Thirty-sixth Congresses, the messages having been communicated on the first occasion on the 31st of December, and on the latter not only