Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/338

gress does not extend to publication of his speech. And they ground themselves upon an important distinction arising from the actual differences between English and American legislation. In the former, the publication of the debates is not strictly lawful, except by license of the house. In the latter, it is a common right, exercised and supported by the direct encouragement of the body. This reasoning deserves a very attentive examination.^[1]

§ 864. The next clause regards the disqualifications of members of congress; and is as follows:

No senator or representative shall, during the time, for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time. And no person, holding any office under the United States, shall be a member of either house of congress during his continuance in office,

This clause does not appear to have met with any opposition in the convention, as to the propriety of some provision on the subject, the principal question being, as to the best mode of expressing the disqualifications.^[2] It has been deemed by one commentator an admirable provision against venality, though not perhaps sufficiently guarded to prevent evasion.^[3] And it has been elaborately vindicated by another with uncommon earnestness.^[4] The reasons for excluding persons from offices, who have been concerned in creating them, or increasing their emoluments,

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1. Mr. Doddridge's Speech in the case of Houston, in May, 1832; Mr. Burges's Speech, id.
2. Journ. of Convention, 214, 319, 320, 322, 323.
3. 1 Tuck. Black. Comm. App. 198, 214, 215, 375.
4. Rawle on the Const. ch. 19, p. 184, &c.; 1 Wilson's Law Lect. 446 to 449.