Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/327

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CH. XII.]
PRIVILEGES OF CONGRESS.
319

compensation to be paid to members; and the practice is believed to be absolutely universal, under the state constitutions. The members are not, however, always paid out of the public treasury; but the practice still exists, constitutionally, or by usage, in some of the states, to charge the amount of the compensation fixed by the legislature upon the constituents, and levy it in the state tax. That has certainly been the general course in the state of Massachusetts; and it was probably adopted from the ancient practice in England.

§ 850. Whether it is, on the whole, best to allow to members of legislative bodies a compensation for their services, or whether their services should be considered merely honorary, is a question admitting of much argument on each side; and it has accordingly found strenuous advocates, and opponents, not only in speculation, but in practice. It has been already seen, that in England none is now allowed, or claimed; and there can be little doubt, that public opinion is altogether in favour of their present course. On the other hand, in America an opposite opinion prevails among those, whose influence is most impressive with the people on such subjects. It is not surprising, that under such circumstances, there should have been a considerable diversity of opinion manifested in the convention itself. The proposition to allow compensation out of the public treasury, to members of the house of representatives, was originally carried by a vote of eight states against three;[1] and to the senators by a vote of seven states against three, one being divided.[2] At a subsequent period, a motion to strike out the payment out of the public treasury was lost by a vote of four states in
  1. Journal of Convention, 67, 116, 117.
  2. Id. 119.