CH. XII.]
PRIVILEGES OF CONGRESS.
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an expulsion.[1] This clause, requiring a concurrence of two thirds, was not in the original draft of the constitution, but it was inserted by a vote of ten states, one being divided.[2] A like general authority to expel, exists in the British house of commons; and in the legislative bodies of many of the states composing the Union.
§ 836. What must be the disorderly behaviour, which the house may punish, and what punishment, other than expulsion, may be inflicted, do not appear to have been settled by any authoritative adjudication of either house of congress. A learned commentator supposes, that members can only be punished for misbehaviour committed during the session of congress, either within, or without the v/alls of the house; though he is also of opinion, that expulsion may be inflicted for criminal conduct committed in any place.[3] He does not say, whether it must be committed during the session of congress or otherwise. In July, 1797, William Blount was expelled from the senate, for "a high misdemeanour, entirely inconsistent with his public trust and duty as a senator." The offence charged against him was an attempt to seduce an American agent among the Indians from his duty, and to alienate the affections and confidence of the Indians from the public authorities of the United States, and a negotiation for services in behalf of the British government among the Indians. It was not a statutable offence; nor was it committed in his official character; nor was it committed during the session of congress; nor at the seat of government.
