Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/326

 318 § 848. The first clause is as follows: 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, and returning from, the same. And for any speech or debate in either house they shall not be questioned in any other place.

§ 849. In respect to compensation, there is, at present, a marked distinction between the members of the British parliament, and the members of congress; the former not being, at present, entitled to any pay. Formerly, indeed, the members of the house of commons were entitled to receive wages from their constituents; but the last known case is that of Andrew Marvell, who was a member from Hull, in the first parliament after the restoration of Charles the Second. Four shillings sterling a day used to be allowed for a knight of the shire; and two shillings a day for a member of a city or borough; and this rate was established in the reign of Edward the Third. And we are told, that two shillings a day, the allowance to a burgess, was so considerable a sum, in these ancient times, that there are many instances, where boroughs petitioned to be excused from sending members to parliament, representing, that they were engaged in building bridges or other public works, and, therefore, unable to bear so extraordinary an expense. It is believed, that the practice in America during its colonial state was, if not universally, at least generally, to allow a