CONGRESS. An assembly of deputies con vened from different governments to treat of peace or of other international affairs ; as the Congress of Berlin to settle the terms of . peace between Russia and Turkey in 1878, composed of representations of the great Powers of Europe.
In theory a congress may conclude a treaty, while a conference is for consulta tion, and its result, ordinarily a protocol, prepares the way for a treaty. See Cent. Dict.; Encyc. Dict. But this is not always true, as the Berlin conference of 1889 was composed of plenipotentiaries and its delib erations resulted in a treaty.
The legislative body of the United States, composed of the senate and house of repre sentatives (q. v.). U. S. Const. art. 1, § 1.
Each house is the judge of the election and qual ifications of its members. A majority of each house is a quorum ; but a smaller number may adjourn from day to day, and compel the attendance of ab sent members. Each house may make rules, punish its members, and by a two-thirds vote expel a mem ber. Each house must keep a journal and publish the same, excepting such parts as may, in their judgment, require secrecy, and record the yeas and nays at the desire of one-fifth of the members pres ent. Art. 1, s. 5. A court is bound to assume that the journal speaks the truth and cannot receive oral •testimony to impeach its correctness ; U. S. v. Bai lin, 144 U. S. 1, 12 Sup. Ct. 507, 36 L. Ed. 321. The members of both houses are in all cases, ex cept treason, felony, and breach of the peace, priv ileged from arrest while attending to and returning from the session of their respective houses ; and no member can be questioned in any other place for any speech or debate in either house. U. S. Const. art. 1, s. 6.
Whether a senator of the United States has waiv ed his privilege from arrest and whether stich priv ilege is personal or given for the purpose of • al ways securing the representation of his state in the senate are questions which can be raised by writ of error directly to the district court ; Burton v.
U. S., 196 U. S. 283, 25 Sup. Ct. 243, 49 L. Ed. 482. Each house of congress has claimed and exercised the power to punish contempts and breaches of its privileges, on the ground that all public func tionaries are essentially invested with the powers of self-preservation, and that whenever authorities are given, the means of carrying them into execution are given by necessary implication. Jefferson, Manual, § 3, art. Privilege; Duane's Case, Senate Proceedings, Gales and Seaton's Annals of Cong., 6th Congress, pp. 122, 184; Wolcott's Case, Journal Han. Reps. 1st Sess. 35th Congress, pp. 371, 386, 535. Irwin's Case, 2d Sess. 43d Congress, Index. In Kil bourn's Case, 103 U. S. 168, 26 L. Ed. 377, it was held that although the house can punish its own members for disorderly conduct or for failure to attend its sessions, and can decide cases of con tested elections and determine the qualifications of its members, and exercise the sole power of im peachment of officers of the government, and may, when the examination of witnesses is necessary to the performance of these duties, fine or imprison a contumacious witness,—there is not found in the constitution any general power vested in either house to punish for contempt. The order of the house ordering the imprisonment of a witness for refusing to answer certain questions put to him by the house, concerning the business of a real estate partnership of which he was a member, and to pro duce certain books in relation thereto, was held void and no defence on the part of the sergeant-at arms in an action by the witness for false impris onment. The members of the committee, who took no actual part in the imprisonment, were held not liable to such action. The cases in which the pow er had been exercised are numerous. This power, however, extends no further than imprisonment ; and that will continue no further than the duration of the power that imprisons. The imprisonment will therefore terminate with the adjournment or dissolution of congress.