receive compensation
for services before a government department in relation to proceedings
in which the United States is interested. Such a statute does not
interfere with the legitimate authority of the Senate or House over its
own Members.[174] In upholding the power of the Senate to investigate
charges that some Senators had been speculating in sugar stocks during
the consideration of a tariff bill, the Supreme Court asserted that "the
right to expel extends to all cases where the offence is such as in the
judgment of the Senate is inconsistent with the trust and duty of a
Member."[175] It cited with apparent approval the action of the Senate
in expelling William Blount in 1797 for attempting to seduce an American
agent among the Indians from his duty and for negotiating for services
in behalf of the British Government among the Indians--conduct which was
not a "statutable offense" and which was not committed in his official
character, nor during the session of Congress nor at the seat of
government.
THE DUTY TO KEEP A JOURNAL
The object of the clause requiring the keeping of a Journal is "to
insure publicity to the proceedings of the legislature, and a
correspondent responsibility of the members to their respective
constituents."[176] When the Journal of either House is put in evidence
for the purpose of determining whether the yeas and nays, were ordered,
and what the vote was on any particular question, the Journal must be
presumed to show the truth, and a statement therein that a quorum was
present, though not disclosed by the yeas and nays, is final.[177] But
when an enrolled bill, which has been signed by the Speaker of the House
and by the President of the Senate, in open session, receives the
approval of the President and is deposited in the Department of State,
its authentication as a bill that has passed Congress is complete and
unimpeachable, and it is not competent to show from the Journals of
either House that an act so authenticated, approved, and deposited, in
fact omitted one section actually passed by both Houses of
Congress.[178]
Section 6. Clause 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, Felony and Breach of the Peace, be privileged from
Arrest during their Attendance at the Session of their respective
Houses, and in going to a
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