Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/331

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CH. XII.]
PRIVILEGES OF CONGRESS.
323

station. It has been justly observed, that the principle of compensation to those, who render services to the public, runs through the whole constitution.[1]

§ 854. If it be proper to allow a compensation for services to the members of congress, there seems the utmost propriety in its being paid out of the public treasury of the United States. The labour is for the benefit of the nation, and it should properly be remunerated by the nation. Besides; if the compensation were to be allowed by the states, or by the constituents of the members, if left to their discretion, it might keep the latter in a state of slavish dependence, and might introduce great inequalities in the allowance. And if it were to be ascertained by congress, and paid by the constituents, there would always be danger, that the rule would be fixed to suit those, who were the least enlightened, and the most parsimonious, rather than those, who acted upon a high sense of the dignity and the duties of the station. Fortunately, it is left for the decision of congress. The compensation is "to be ascertained by law;" and never addresses itself to the pride, or the parsimony, the local prejudices, or local habits of any part of the Union. It is fixed with a liberal view to the national duties, and is paid from the national purse. If the compensation had been left, to be fixed by the state legislature, the general government would have become dependent upon the governments of the states; and the latter could almost, at their pleasure, have dissolved it.[2] Serious evils were felt from this source under the confederation, by which each state was to maintain its own delegates in congress;[3] for it was found, that the
  1. Rawle on the Constitution, ch. 18, p. 179.
  2. 2 Elliot's Debates, 279.
  3. Articles of Confederation, art. 5.