18 HniHKKft IHIfili 1 s 3298 I SB Bp Hi HSU WmBffl InffiH wBBBH I man H Book 8; s J* *<. THE or THE UNITED STATES OF AMERICA: THE RULES OF THE SENATE, AND OF THE HOUSE OF representatives: "WITH 3tHttwn'fi ffltmuuh PRINTED BY ORDER OF THE SENATE OF THE UNITED STATES. WASHINGTON: PRINTED BY DUFF GREEN. 1828. rx\ s** 7 $* CONSTITUTION. WE the People of the United States in order to form a more perfect union, establish justice, ensure domes- tranquillity, provide for the common defence, pro- )te the general welfare and secure the blessing's of erty to ourselves and our posterity, do ordain and 'ablish this Constitution for the United States of •nerica. ARTICLE I. SECTION I. \11 legislative powers herein granted shall Legislative I vested in a Congress of the United States, powers. :ich shall consist of a Senate and House of ypresentatives. SECTION II. The House of Representatives shall be com- Members posed of members chosen every second year House of by the people of the several States, and the ^es^how" electors in each State shall have the qualifica- chosen, tions requisite for electors of the most nume- rous branch of the State Legislature. No person shall be a Representative who Qualifica- shall not have attained to the age of twenty- ^ on mem * n 11 *'• p bers House live years, and been seven years a citizen of of Repre . the United States, and who shall not, when sentatives, elected, be an inhabitant of that State in which he shall be chosen. Representatives and direct taxes shall be Apportion- apportioned among the several States which ment of Re ° may be included within this Union, according jjyeg enta * to their respective numbers, which shall be CONSTITUTION. \Jlrt. 1. determined by adding to the whole number of free persons, including those bound to ser- vice for a term of years, and excluding In- dians not taxed, three-fifths of all other per- sons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and with- in every subsequent term of ten years, in such manner as they shall by law direct. The num- ber of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecti- cut five, New-York six, New-Jersey four, Pennsylvania eight, Delaware one, Mary- land six, Virginia ten, North-Carolina five, South-Carolina five, and Georgia three. When vacancies happen in the representa- tion from any State, the Executive authority thereof shall issue writs of election to fill such vacancies. House of The House of Representatives shall choose Represents- their Speaker and other officers; and shall have tives choose the sole power of impeachment. officers. SECTION III. Vacancies, how filled. Senate, how chosen. Senators classed. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first Jlrt. L] CONSTITUTION 5 class shall be vacated at the expiration of the second year, of the second class at the expira- tion of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the Legisla- ture of any State, the executive thereof may make temporary appointments, until the next meeting of the Legislature, which shall then fill such vacancies. No person shall be a Senator who shall not Senator have attained to the age of thirty years, and qualification been nine years a citizen of the United States, and who shall not, when elected, be an in- habitant of that State for which he shall be chosen. The Vice-President of the United States Vice-Presi- shall be "President of the Senate, but shall dent vote, have no vote, unless they be equally divided. The Senate shall choose their other officers, Senate and also a President pro-tempore, in the ab- cnoose offi - cers sence of the Vice-President or when he shall exercise the office of President of the United States. The Senate shall have the sole power to Try im* try all impeachments: when sitting for that peachments,. purpose, they shall be on oath or affirmation. When the President of the United States is tried the Chief Justice shall preside: and no person shall be convicted without the concur- rence of two-thirds of the members present. Judgment in cases of impeachment shall Judgment not extend farther than to removal from office, on irn P eac fr**- menu and disqualification to hold and enjoy any of- fice of honor, trust or profit under the United States: but the party convicted shall never- 1* CONSTITUTION. [Jlrt. 1 theless be liable and subject to indictment, trial, judgment and punishment, to law. according Elections, how held. Congress as- semble an- nually. Elections, how judged. Quorum, Senate and House of Representa- tives. Rules. Journals by each House. SECTION IV. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the legis- lature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. section v. Each House shall be the judge of the elec- tions, returns and qualifications of its own members, and a majority of each shall consti- tute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide. Each House may determine the rules of its proceedings, punish its members for disorder- ly behaviour, and, with the concurrence of two-thirds, expel a member. Each House shall keep a journal of its pro- ceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal. Neither House, during the Session of Con- Art. 1.] CONSTITUTION. 7 gress, shall, without the consent of the other, Adjourn- adjourn for more than three days, nor to any ment other place than that in which the two Houses shall be sitting. SECTION VI. The Senators and Representatives shall re- Compensa- eeive a compensation for their services, to be Un- ascertained by law, and paid out of the Trea- sury of the United States. They shall in all privileges; cases except treason, felony and breach of the peace, be privileged from arrest during their Arrests* attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. No Senator or Representative shall, during Members the time for which he was elected, be appoint- n ^ a PP°/nt- ed to any civil office under the authority of e ° ° ce * the United States, which shall have been cre- ated, or the emoluments whereof shall have been increased during such time: and no per- son holding any office under the United States shall be a member of either House during his continuance in office. SECTION VII. All bills for raising revenue shall originate Bills, reve- in the House of Representatives; but the Se- nue > Hous e nate may propose, or concur with, amend- sentatives. ments, as on other bills. Every bill which shall have passed the Bills, their House of Representatives and the Senate, formalities, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall 8 CONSTITUTION. [•£#»/. 1- return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the per- sons voting for and against the bill shall be entered on the journal of each House respec- tively. If any bill shall not be returned by the President within ten days (Sundays ex- cepted,) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Resolutions Every order, resolution, or vote to which and votes, the concurrence of the Senate and House of before the Representatives may be necessary (except the United on a question of adjournment) shall be pre- States. sented to the President of the United States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, ac- cording to the rules and limitations prescribed in the case of a bill. SECTION VIII. Congress The Congress shall have power To -lay lay taxes. an( j collect taxes, duties, imposts and ex- cises, to pay the debts and provide for the Jlrt. 1.] CONSTITUTION. 9 common defence and general welfare of the United States; but all duties, imposts and ex- cises shall be uniform throughout the United States; To borrow money on the credit of the Borrow mo-. United States; ne y- To regulate commerce with foreign na- Commerce, tions, and among the several States, and with &c. the Indian tribes; To establish an uniform rule of naturaliza- Naturalize tion, and uniform laws on the subject of bank- ^ oll > &e « ?uptcies throughout the United States; To coin money, regulate the value thereof, Coin, &c. and of foreign coin, and fix the standard of weights and measures; To provide for the punishment of counter- Punish feiting the securities and current coin of the . counterfeit> United States; ' To establish post offices and post roads; |°f offices > To promote the progress of science and promote useful arts, by securing for limited times to science, authors and inventors the exclusive right to their respective writings and discoveries; To constitute tribunals inferior to the su- Congress . constitute preme court; ■- . . , - ' . courts. To define and punish piracies and felonies piracies, committed on the high seas and offences &c. against the law of nations ; To declare war, grant letters of marque Declare and reprisal, and make rules concerning cap- war, &c, tures on land or water; To raise and support armies, but no ap- Raise propriation of money to that use shall be for armies, a longer term than two years; To provide and maintain a navy; Navy, To make rules for the government and re- gulation of the land and naval forces; 10 CONSTITUTION. [rfrt. 1 Militia. Organize militia*. Exclusive legislation over ten miles. Congress make laws general. To provide for calling forth the militia to execute the laws of the Union, suppress in- surrections and repel invasions; To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of the of- ficers, and the authority of training the mili- tia according to the discipline prescribed by Congress; To exercise exclusive legislation in all cases whatsoever, over such district (not ex- ceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like au- thority over all places purchased by the con- sent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; — And To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vest- ed by this constitution in the government of the United States, or in any department or office thereof. Importation of persons after 1808. SECTION IX. The migration or importation of such per- sons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year eighteen hundred and eight, but a tax or duty may be imposed on such importation; not exceeding ten dollars for each person. Art. 1.] CONSTITUTION 11 The privilege of the writ of Habeas Corpus Habeas Cor- shall not be suspended, unless when in cases pus. of rebellion or invasion the public safety may- require it. No bill of attainder or ex post facto law Attainder. shall be passed. No capitation, or other direct, tax shall be Tax * laid, unless in proportion to the census or enu- meration herein before directed to be taken. No tax or duty shall be laid on articles ex- No exporta- ported from any State. tion duty. No preference shall be given by any regu- No prefer- lation of commerce or revenue to the ports of ence in one State over those of another: nor shall ves- Q r °™™ erce sels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. No money shall be drawn from the Trea- Money, how sury, but in consequence of appropriations drawn, made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by Titles not to the United States: and no person holding any beconferr- office of profit or trust under them, shall, ' without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State. section x. No State shall enter into any treaty, al- states, not liance, or confederation; grant letters ofmaketrea- marque and reprisal; coin money; emit bills ties * of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law 12 CONSTITUTION. {Art. 2. impairing the obligation of contracts, or grant any title of nobility. States, not No State shall, without the consent of the lay imposts, Congress, lay any imposts or duties on im- ports or exports, except what may be abso- lutely necessary for executing its inspection laws: and the nett produce of all duties and imposts, laid by any State on imports or ex- ports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Con- gress. No State shall, without the consent of Con- gress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. Or tonnage, fee. SECTION I. Executive The executive power shall be vested in a power. President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-Pre- sident, chosen for the same term, be elected as follows Electors, Each State shall appoint, in such manner how ap- as the Legislature thereof may direct, a num- pomted. k er f e i ec tors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. **lrt. 2.] CONSTITUTION* IS The electors shall meet in their respective Electors States, and vote by ballot for two persons, of meet, whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which Proceed- list they shall sign and certify, and transmit m % s * sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal num- ber of votes, then the House of Representa- tives shall immediately choose, by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall, in like man- ner, choose the President But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President. 14 CONSTITUTION [Art. 2 Day electors meet. Qualifica- tions of Pre- sident of the U. States. Removal of President V. States in case. President U. States' compensa- tion. Oath. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty- five years, and been fourteen years a resident within the United States. In case of the removal of the President from office, or of his death, resignation, or in- ability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. The President shall, at stated times, re- ceive for his services, a compensation, which shall neither be increased or diminished dur- ing the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Before he enter on the execution of his office, he shall take the following oath or af- firmation: — " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of idrt. 2.] CONSTITUTION. 15 my ability, preserve, protect and defend the constitution of the United States." SECTION II. The President shall be commander in chief President of the army and navy of the United States, u * states* and of the militia of the several States, when po called into the actual service of the United States; he may require the opinion, in writ- ing, of the principal officer in each of the ex- ecutive departments, upon any subject relat- ing to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the ad- Make trea- vice and consent of the Senate, to make trea- ties » ties, provided two-thirds of the Senators pre- sent concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public min- isters and consuls, judges of the supreme court, and all other officers of the United Appoint of- States, whose appointments are not herein ficers. otherwise provided for, and which shall be established bylaw: But the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. The President shall have power to fill up Vacancies all vacancies that may happen during the re- in office, cess of the Senate, by granting commissions which shall expire at the end of their next session. -$ CONSTITUTION. [Art. o. SECTION HI. President He shall from time to time give to the dmief teS Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and ex- pedient: he may, on extraordinary occasions, convene both Houses, or either of them, and, in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers: he shall take care that the laws be faithfully executed, and shall commission ail the officers of the United States. SECTION IV. Officers re- The President, Vice-President and all ci- movable by v y officers of the United States, shall be re- impeach- movec l from office on impeachment for, and men& . . ,, , v, , 7 , . , conviction oi, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. SECTION I. Judicial The judicial power of the United States, powers and shall be vested in one Supreme Court, and in tenure of sucn inferior courts as the Congress may ^ e: " from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office, Art. 3. J CONSTITUTION. 17 SECTION II. The judicial power shall extend to all cases Judicial in law and equity, arising under this con- P ow . er ex " •^ o # Tension t stitution, the laws of the United States, and the treaties made, or which shall be made, under their authority; to all cases — affecting ambassadors, other public ministers, and con- suls; — to all cases of admiralty and maritime jurisdiction;— to controversies to which the United States shall be a party; — to controver- sies between two or more States; — between a State and citizens of another State; — between citizens of different States, — between citizens of the same State claiming lands under grants of different States, and between a State or the citizens thereof, and foreign States, citizens or subjects. In all cases affecting ambassadors, other Supreme public ministers and consuls, and those in ^^V^ 15 which a State shall be a party, the supreme court shall have original jurisdiction. In all the other cases before-mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. The trial of all crimes, except in cases of Trials by ju- impeachment, shall be by jury; and such trial r ^* shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Con- gress may by law have directed. 2* IS CONSTITUTION [Art 4. SECTION III. Treason. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on con- fession in open court. Attainder. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the per- son attainted. ARTICLE IV. i of States ac- credited. SECTION I. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records and pro- ceedings shall be proved, and the effect there- of. Citizens' privileges. Persons charged with crimes -eeing*. SECTION II. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. A person charged in any State with trea- son, felony, or other crime, who shall flee from justice, and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having juris- diction of the crime- Art. 5.] CONSTITUTION. 19 f No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. SECTION III. New States may be admitted by the Con- New States gress into this Union; but no new State shall admitted, be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legisla- ture of the States concerned as well as of the Congress. The Congress shall have power to dispose Territory of of and make all needful rules and regulations u - states » respecting the territory or other property be- longing to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. SECTION IV. The United States shall guaranty to every Republican State in this Union a republican form of go- form * vernment, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the le- gislature cannot be convened) against domes- tic violence. ARTICLE V. The Congress, whenever two-thirds of both m ^g " now Houses shall deem it necessary, shall propose attained. 20 CONSTITUTION. [Art. 6. amendments to this constitution, or, on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratifi- cation may be proposed by the Congress; pro- vided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article: and that no State without its con- sent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. Debts prior All debts contracted and engagements en- to adoption tered into, before the adoption of this constitu- constitution. ^ shall be ^ YgLUd a g ainst the United States under this constitution, as under the confederation. Treaties law This constitution, and the laws of the Uni- of land. ted States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstand- ing. Oath or af- The Senators and Representatives before- firmation to mentioned, and the members of the several members. State legislatures, and all executive and ju- dicial officers, both of the United States and Srt. 7.] CONSTITUTION. 21 of the several States, shall be bound by oath or affirmation, to support this constitution: but no religious test shall ever be required as a qualification to any office or public trust un- der the United States. ARTICLE VII. The ratification of the conventions of nine Ratification, States, shall be sufficient for the establishment of this constitution between the States so rati- fying the same. Done in convention by the unanimous con- sent of the States present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty- seven and of the independance of the Uni- ted States of America the twelfth. In wit- ness whereof we have hereunto subscrib- ed our names. G°. WASHINGTON, President, and Deputy from Virginia. New-Hampshire. Pennsylvania. John Langdon, Benjamin Franklin, Nicholas Gilman. Thomas Mifflin, Massachusetts. Robert Morris, Nathaniel Gorham, George Clymer, Rufus King. Thomas Fitzsimons, Connecticut. Jared Ingersoll, William Samuel Johnson, James Wilson, Roger Sherman. Gouverneur Morris. New- York. Delaware. Alexander Hamilton. George Reed, New-Jersey. Gunning Bedford, jun. William Livingston, John Dickinson, David Brearley, Richard Bassett, William Patterson, Jacob Broom, Jonathan Dayton. 22 CONSTITUTION. Maryland. Hugh Williamson. James M 'Henry, South-Carolina., Daniel of St. Tho. Jenifer, John Rutledge, Daniel C arroll. C harle s C . P in ckney, Virginia. Charles Pinckney, John Blair, Pierce Butler. James Madison, jr. Georgia. North-Carolina. Wilham Few, William Blount, Abraham Baldwin. Richard Dobbs Spaighi. Attest; WILLIAM JACKSON, Secretary IN CONVENTION. Monday, September 11 th, 1787. Present— The State of New Hampshire, Massachusetts, Connecticut, Mr. Hamil- ton from New York, New Jersey, Pennsyl- vania, Delaware, Mar} r land, Virginia, North Carolina, South Carolina, and Georgia. Resolved, That the preceding Constitution be laid before the United States in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be sub- mitted to a Convention of delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification : and that each Conven- tion assenting to, and ratifying the same, should give notice thereof to the United States in Congress assembled. Resolved, That it is the opinion of this Convention, that, as soon as the Conventions of nine States shall have ratified this Consti- tution, the United States in Congress assem- bled should fix a day on which electors should CONSTITUTION. 23 be appointed by the States which shall have ratified the same, and a day on which electors should assemble to vote for the President, and the time and place for commencing proceed- ings under this Constitution. That after such publication, the electors should be appointed, and the Senators and Representatives elected: That the electors should meet on the day fix- ed for the election of the President, and should transmit their votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Con- gress assembled, that the Senators and Re- presentatives should convene at the time and place assigned ; that the Senators should ap- point a President of the Senate, for the sole purpose of receiving, opening and counting the votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without delay, proceed to execute this Constitution. By the unanimous order of the Convention, G°. WASHINGTON, Presid't. W. Jackson, Secretary. IN CONVENTION. September 17/A, 1787. Sir: We have now the honor to submit to the consideration of the United States in Con- gress assembled, that Constitution which has appeared to us the most advisable. The friends of our country have long seen and desired that the power of making war, 24 CONSTITUTION. peace, and treaties; that of levying money, and regulating commerce, and the correspon- dent executive and judicial authorities, should be fully and effectually vested in the general government of the Union; but the impropri- ety of delegating such extensive trust to one body of men is evident — hence results the necessity of a different organization. It is obviously impracticable in the federal government of these States, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, as on the object to be obtained. It is at all times difficult to draw with precision the line be- tween those rights which must be surrender- ed, and those which may be reserved; and, on the present occasion, this difficulty was increased by a difference among the several States as to their situation, extent, habits, and particular interests. In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true Ameri- can, the consolidation of our Union, in which is involved our prosperity, felicity, safety — perhaps our national existence. This import- ant consideration, seriously and deeply im- pressed on our minds, led each State in the convention to be less rigid on points of inferior magnitude, than might have been otherwise expected; and thus, the constitution which we now present, is the result of a spirit of amity, and of that mutual deference and concession, CONSTITUTION. 25 Which the peculiarity of our political situa- tion rendered indispensable. That it will meet the full and entire appro- bation of every State, is not perhaps to be ex- pected; but each will doubtless consider, that had her interest alone been consulted the con- sequences might have been particularly disa- greeable or injurious to others; that it is lia- ble to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country so dear to us all, and secure her free- dom and happiness, is our most ardent wish. With great respect, we have the honor to be, sir, yourExcellency'smostobedient and hum- ble servants. By the unanimous order of the Convention: G°- WASHINGTON, Presid't. His Excellency the President of Congress, THE UNITED STATES IN CONGRESS ASSEMBLED. Friday, September 28th, 1787. Present — New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Penn- sylvania, Delaware, Virginia, North Caro- lina, South Carolina, and Georgia; and from Maryland, Mr. Ross. Congress having received the report of the Convention lately assembled in Philadel- phia, Resolved, unanimously ', That the said re- port, with the resolutions and letter accompa- nying the same, be transmitted to the seve- ral legislatures, in order to submit to a con- 3 26 constitution. [Amend's. vention of delegates, chosen in each State by the people thereof, in conformity to the re- solves of the convention, made and provided in that case. Charles Thompson, Secretary* AMENDMENTS. Article the Fmst. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the free- dom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of griev- ances. Article the Second. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be in- fringed. Article the Third. No soldier shall, in time of peace, be quar- tered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. Article the Fourth. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. %lmend's.~\ constitution. 27 Article the Fifth. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger; nor shall any person be subject, for the same of- fence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, with- out due process of law; nor shall private pro- perty be taken for public use without just compensation. Article the Sixth. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be in- formed of the nature and cause of the accusa- tion; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. Article the Seventh. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re- examined in any court of the United States, than according to the rules of the common law, 28 constitution. [Amend' s. Article the Eighth. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Article the Ninth. The enumeration in the constitution of cer- tain rights shall not be construed to deny or disparage others retained by the people. Article the Tenth. The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States re- spectively, or to the people. Article the Eleventh. The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. Article the Twelfth. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in dis- tinct ballots the person voted for as Vice-Pre- sident; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of JlmencPs.~\ constitution. 29 the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate: the President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted: the person having the great- est number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose, immediately, by ballot, the Pre- sident. But, in choosing the President, the votes shall be taken by States, the representa- tion from each State having one vote; a quo- rum for this purpose shall consist of a mem- ber or members from two-thirds of the States, and a majority of all the States shall be ne- cessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President as in the case of the death or other constitutional disability of the Pre- sident. The person having the greatest number of votes as Vice-President shall be the Vice- President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall 3* 30 constitution. [Amend' s> choose the Vice-President: a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States INDEX TO THE CONSTITUTION OF THE UNITED STATES. tart , Sec. Page. 4 5 1 1 1 18 1 19-20 9 11 9 11 A. Acts, records, and judicial proceedings of each State, entitled to faith and credit in other States Amendments to the Constitution, how made Appropriations by law. — See Treasury Attainder, bill of, prohibited - Attainder, of treason, shall not work corruption of blood or forfeiture, except during the life of the person attainted - - -33 18 B. Bills for raising revenue, shall originate in the House of Representatives - - --IT 7 before they become laws, shall be passed by both Houses, and approved by President; or, if dis- approved, shall be passed by two-thirds of each House - - - --17 7-8 not returned in 10 days, unless an adjournment intervene, shall be considered as approved -17 8 C. Capitation tax. — See Tax- - • - 1 9 11 Census, or enumeration, to be made every ten years 12 4 Claims of the United States, or of the several States, not to be prejudiced by any construction of the Constitution - - - 4 3 19 Citizens of each State, shall be entitled to the privi- leges and immunities of citizens in the several States - - - * - 4 2 18 32 INDEX TO THE CONSTITUTION. Art. Sec Page. Commerce, regulations respecting", to be equal and uni- form - - - - 1 9 11 Congress, vested with Legislative power - - 1 1 3 may alter the regiilations of State Legisla- tures concerning 1 elections of Senators and Representatives, except as to place of choosing Senators - - 1 4 6 shall assemble once every year - 1 4 6 may provide for cases of removal of President and Vice-President - - 2 1 14 may determine the time of choosing electors of President and Vice-President 2 1 12 may invest the appointment of inferior of- ficers in the President alone, in the courts of law or the Heads of Departments 2 2 15 may, from time to time, establish Courts in- ferior to the Supreme Court - 3 1 16 may, (with one limitation) declare the pu- nishment of treason - - 3 3 18 may prescribe the manner of proving* the acts, records, and judicial proceeding's of each State - - - - 4 1 18 the assent of, required to the formation of a new State within the jurisdiction of any other, or by the junction of two or more 4 3 19 may propose amendments to Constitution, or, on application, call a Convention 5 1 19 the assent of, required to the admission of new States into the Union - 4 3 19 Powers of — to lay and collect duties on imposts and ex- cises - - - - -188 to borrow money - - - 1 8 9 to regulate commerce - - 1 8 9 to establish uniform laws of bankruptcy and naturalization - - - - 1 8 9 to coin money, regulate the value of coin, and fix a standard of weights and mea- sures - - - - -189 to punish counterfeiting - 1 8 9 to establish post offices and post roads 1 8 9 to authorize patents to authors and inventors 18 9 to constitute tribunals inferior to the Su- preme Court - - - - 1 8 9 to define and punish piracies, felonies on the high seas, and offences against the laws of nations - - - 1 8 9 1 8 9 1 8 9 1 8 9 1 8 9 1 8 9 1 8 10 INDEX TO THE CONSTITUTION. 33 Art. Sec. Page Congress, powers of— to declare war, grant letters of marque, and make rules concerning captures to raise and support Armies to provide and maintain a Navy - to make rules for the government of the Army and Navy ... to call for the militia in certain cases to organize, arm, and discipline militia - to exercise exclusive legislation over ten miles square - - - 1 8 10 to pass laws necessary to carry the enumerat- ed powers into effect - - 1 8 10 to dispose of, and make rules concerning the territory or other property of the United States - - - - 4 3 19 Constitution, formed by the people of the U. S., Preamble 3 how amended - - 5 1 19 and the laws under it, and treaties, de- clared to be the supreme law 6 1 20 rendered operative by the ratification of the Conventions of nine States 7 1 21 Conventions, for proposing amendments to Constitu- tion - - - - 5 1 20 Court, Supreme, its original and appellate jurisdiction 1 2 17 Courts, inferior to the Supreme Court, may be ordained by Congress - - - 3 1 16 Crimes, persons accused of, fleeing from justice, may be demanded - - - 4 2 18 D. Debts, against the Confederation, to be valid against the United States, under this Constitution 6 1 20 Duties, on exports prohibited - - 1 9 11 on imports and exports, imposed by States, shall enure to the Treasury of the United States - - - - . 1 10 12 E. Elections, of Senators and Representatives, shall be prescribed by the State Legislatures, as to time, place, and manner - 1 4 6 qualifications and returns of members of Con- gress, to be determined by each House 15 6 b'4 INDEX TO THE CONSTITUTION. Art Sec. Page. Electors of President and Vice-President, how chosen, and their duties - - 2 1 12-13 and 12th Amendment shall vote the same dav throughout the Unit- ed States - - - - 2 1 12 no Senator or Representative holding 1 office under the United States, shall serve as 2 1 12 Enumeration. — See Census. 12 4 Executive Power shall be vested in a President. — 2 1 12 See President. Exports. — See Tax. and imports, duties on by States, to be pay- able into the Treasury of the United States 1 10 12 Ex post facto Law, none shall be passed - 1 9 11 H. Habeas Corpus, writ of, can only be suspended in cases of rebellion or invasion - 1 9 11 House of Representatives. — See Representatives, House, — See Senate, Impeachment, all civil officers liable to - 2 4 16 persons found guilty by, liable to indict- ment, and punishment for the offence 13 5 Importation of Slaves, until prohibited, a duty autho- rized on after 1808 - - 1 9 10 J. Judges, shall hold their offices during good behaviour 3 1 16 The compensations of, shall not be diminished during continuance in office - 3 1 16 Judicial Power, vested in a Supreme Court, and Courts inferior - - - 3 1 16 the cases to which it extends 3 2 17 Judicial Proceedings, records and acts of each State, are entitled to faith and credit in every other State - 4 1 18 Jury Trial shall be held in the State where the crime shall have been committed - 3 2 17 if the crime have not been committed with- in a State, the trial shall be held at the place Congress shall have directed 3 2 17 INDEX TO THE 60NSTITTTTI0K. 35 Art. Sec. Page* Jury, trial by, secured, in prosecutions for all wimes, except in cases of impeachment - 3 2 17 and in suits at Common Law where the value in controversy shall exceed 20 dollars, 7th Amendment .... 27 L. Law, Supreme, the Constitution, the Laws under it, and Treaties declared. to be - 6 1 20 Legislative Powers, vested in Congress. — See Congress, 118 M. Money shall be drawn from the Treasury, only by laws appropriating - - 1 9 11 N. Nobility, titles of, shall not be granted by the United States ... 1 9 11 O. Officers of the Senate, except their President, shall be chosen by the Senate - - 1 3 5 civil, may be removed by impeachment 2 4 16 Order of one House, requiring the concurrence of the other. — See Resolution. 17 8 P. Persons held to labor or service, their importation or migration into the United States may be prohibited after 1808, - - - 1 9 10 escaping from one State to another, shall be delivered up to those entitled to service, 4 2 19 Powers, not delegated, are reserved to the people, or, when not prohibited, to the States, 10th Amendment, - - 28 Legislative. — See Congress, - - 1 1 3 Executive. — See President, 2 1 12 Judicial. — See Judicial, *> 3 1 16 1 9 11 2 12 2 2 12 12 2 14 2 14 2 14 2 4 16 2 2 15 2 2 15 2 2 15 2 2 15 36 INDEX TO THE CONSTITUTION. Art. Sec. Page Presents, emoluments, office, or title, from a foreign king-, prince, or state, to persons holding offices of profit or trust, prohibited President of the U. S. vested with the executive power shall be chosen for four years how elected - qualifications for compensation of - shall take an oath of office may be removed by impeachment President of the United States, powers of — shall be commander in chief of army and navy, may require the written opinions of the heads of departments ... may reprieve and pardon may make treaties, with consent of the Senate, may appoint to office, with the consent of the Senate - - - 2 2 shall fill up vacancies happening during the recess of the Senate - - - 2 2 President of the United States, duties of — shall give information to Congress, and re- commend measures - - - 2 3 may convene both Houses, or either House 2 3 may adjourn them in case of disagreement 2 3 shall receive ambassadors and public ministers 2 3 shall take care that the laws be faithfully ex- ecuted - - - 2 3 shall commission all officers of the United States - - - - - 2 3 in case of death, &c, shall devolve on the Vice-President and on such other officer as may be provided by law - 2 1 Privileges and immunities of citizens of States. — See Citizens. Property shall not be taken for public use, without just compensation ; 5th Amendment Q. Quorum, what shall be, for business - - 1 5 of States, in choosing a President by the JHouse of Representatives - - 2 1 INDEX TO THE CONSTITUTION. 37 R. Art. Sec. Page Receipts and expenditures, accounts of, to be published, 1 9 11 Records. — See Judicial Proceedings. 4 1 18 Representatives, House of, composed of members cho- sen every second year - 1 2 3 qualifications of the electors of its mem- bers - - - - 1 2 3 qualifications of members - - 1 2 3 shall not exceed one for 30,000, - 1 2 4 shall choose their Speaker and other officers • - - 1 2 4 shall have the power of impeachment, 12 4 shall be the judge of the returns, elec- tions and qualifications of its mem- bers - - - - 1 5 6 what shall be a quorum of - 1 5 6 any number may adjourn, and compel the attendance of absentees 1 5 6 may determine the rules of proceeding", 15 6 may punish or expel a member - 1 5 6 shall keep a journal, and publish the same, except the parts requiring- se- crecy - - - 1 5 6 shall not adjourn for more than three days, nor to any other place, with- out the consent of the Senate, - 1 5 6-7 one-fifth of present may require the yeas and nays - - - 1 5 6 shall originate bills for raising revenue, 17 7 shall receive a compensation, to be as- certained by law - -16 7 privileged from arrest during attend- ance, and in going and returning", ex- cept in certain cases - -16 7 shall not be questioned elsewhere for any speech or debate in the House, 16 7 shall not be appointed to the offices created, or whose compensations shall have been increased, during the time for which they are elected 16 7 can, whilst serving, hold no office un- der the United States - -16 7 shall not serve as primary electors of President - - 2 1 12 Representatives and direct taxes apportioned accord- ing to numbers, - - 1 2 3 4 38 INDEX TO THE CONSTITUTION. Art Sec. Page, Representation of a State, vacancies in, supplied until a new election by the Executive autho- rity thereof - - 1 2 4 Resolution, order, or vote, requiring' the concurrence of both Houses, [except for an adjourn- ment,] shall be presented to the President, and undergo the formalities of bills 17 8 Revenue. — See Vessels. Rights of the Citizen declared to be — liberty of conscience in matters of reli- gion. Amendment, 1 26 freedom of speech and of the press 1 26 to assemble and petition 1 26 to keep and bear arms 2 26 to be exempt from the quartering of sol- diers, in any house, in time of peace, without the consent of the owner; and in time of war, unless prescribed by law - - - - *3 26 to be secure from unreasonable searches and seizures ... 4 26 to be free, except in the army, navy, and militia, from answering for a capi- tal or otherwise infamous crime, un- less on presentment or indictment of a grand jury - - 5 26-27 not to be twice jeopardized for the same offence 5 27 nor to be compelled, in criminal cases, to be a witness against himself - 5 27 not to be deprived of life, liberty, or property, without due course of law 5 27 private property shall not be taken for public use without just compensation 5 27 that the accused, in criminal prosecu- tions, shall enjoy the right of a speedy public trial by an impartial jury of the vicinage; and the means necessary for his defence - - 6 27 that, in civil cases, facts tried by a jury shall only be re-examined according to the rules of the common law 7 27 that, in suits at common law, where the value shall exceed twenty dollars, the right of trial by jury shall be preserved 7 27 INDEX TO THE CONSTITUTION. $9 Rights of the Citizen Amend, page, that excessive bail shall not be required, excessive fines imposed, nor cruel or unusual punishments inflicted 8 27 that the enumeration of certain rights shall not operate constructively against the retained rights 9 28 Art. Sec. Page. Rules, each house shall determine its own - 1 5 6 S. Senate of the United States, composed of two Senators from each State how chosen, classed, and terms of service qualifications of members, 30 years of age, 9 years a citi- zen, and an inhabitant of the State shall choose their officers, ex- cept the President shall be the judge of the elec- tions, returns, and qualifica- tions of its members what number shall be a quo- rum ... any number may adjourn, and compel attendance of ab- sentees may determine its rules may punish or expel a member shall keep a journal, and pub- lish the same, except parts requiring secrecy shall not adjourn for more than three days, nor to any other place, without the consent of the other House one-fifth of present, may re- quire the yeas and nays may propose amendments to bills for raising revenue shall try impeachments their judgments only to ex- tend to removal from of- fice, and to disqualify for any other 3 4-5 5 6-7 40 INDEX TO THE CONSTITUTION. Senate of the United States Art. sec. Page, members of, shall receive a compensation to be ascer- tained by law - 1 6 7 privileged from arrest -16 7 shall not be questioned else- where for any speech or debate in the House - 1 6 shall not be appointed to of- fices of the United States, created, or whose emolu- ments shall have been in- creased during the terms for which they were elect- ed - - - 1 6 f Senators and Representatives, elections of, how pre- scribed - -14 6 Senator shall not be an Elector of President 2 1 12 Slaves. — See Persons held to service. Speaker, how chosen - - - -12 4? States, prohibited from entering into any treaty, alliance or confede- ration .... granting letters of marque coining money - emitting bills of credit - making any thing a tender but gold and sil- ver coin passing bills of attainder, ex post facto laws, or laws impairing contract granting titles of nobility laying impost, or duties on imports and ex- ports for their own use - 1 10 12 laying duties on tonnage without the consent of Congress, - - - - 1 10 12 keeping troops, or ships of war, in time of peace - - - - - 1 10 12 entering into any agreement or contract with another State, or a foreign power, - 1 10 12 engaging in war, unless invaded or in immi- nent danger - - - 1 10 12 States, new, may be admitted into the Union, 4 3 19 may be formed within the jurisdiction of others, or by the junction of two or more, with the consent of Congress and the Le- gislatures concerned = - 4 3 19 1 10 11 X 10 11 1 10 11 1 10 11 1 10 11 1 10 11 1 10 12 INDEX TO THE CONSTITUTION. 41 Art. Sec. Page. 6 1 20 States, Judges of, bound to consider treaties, the constitution, and the laws under it, as supreme, - States, majority of all, necessary to the choice of Pre- sident, - - - 2 1 13 State, each, to be guarantied a republican form of government ; protected against invasion ; and secured, upon application against do- mestic violence - - 4 4 19 Supreme Court. — See Court. T. Tax, capitation or direct, shall be laid only in propor- tion to census, - - 1 9 11 Tax, on exports from a State, prohibited, - - 1 9 11 Taxes, direct, shall be apportioned according to repre- sentation, - - - - 1 2 3 Territory, or property belonging to United States, Congress may make rules concerning, 4 3 19 Test, religious, shall not be required 7 21 Titles.— See Nobility. - - - - 1 9 21 TYtle, from foreign State. — See Present, - 1 9 11 Treason, denned, - - - - - 3 3 18 two witnesses, or confession, necessary for conviction, - - - -3318 punishment of, maybe prescribed by Congress, with one limitation, - - 3 3 18 Treason, or other crime, persons charged with in one State, fleeing into another, shall, on de- mand, be delivered up, - 4 2 18 Treasury, money drawn from only by appropriation, 1 9 11 Treaties, the supreme law, - - 6 1 20 Y. Vacancies happening during the recess of the Senate, may be filled temporarily by the President 2 2 15 in representation in Congress, how filled - 1 2 4 Vessels to enter, clear, and pay duties in the States, in which they arrive, or from which they de- part - - - - - 1 9 11 Vice-President of the United States to be President of the Senate, except when exercising the office of President of the United States - - - 1 3 5 4* 42 INDEX TO THE CONSTITUTION. Vice-President of the United States Art. See. Page, how elected - - - 2 1 13 and 12th amendment - qualifications for, 12th amendment 30 shall, in certain cases, discharge the duties of President - - - - 2 1 14 may be removed by impeachment - 2 4 16 Vote of one House, requiring* concurrence of the other, 17 8 See Resolution. Warrants for searches and seizures, when and how they shall issue, 4th amendment - 26 Witness, in criminal cases, no one compelled to be against himself, 5th amendment RITLJES POR CONDUCTING BUSINESS IN THE SENATE OF THE UNITED STATES. RULES FOR CONDUCTING BUSINESS IN THE SENATE OF THE UNITED STATES 1. The President having taken the chair, and a quorum being present, the journal of the preceding day shall be read, to the end that any mistake may be cor- rected that shall be made in the entries. 2. No member shall speak to another, or otherwise interrupt the business of the Senate, or read any news- paper, while the journals or public papers are reading, or when any member is speaking in any debate. 3. Every member, when he speaks, shall address the chair, standing in his place, and when he has finished shall sit down. 4. No member shall speak more than twice, in any one debate, on the same day, without leave of the Se- nate. 5. When two members rise at the same time, the President shall name the person to speak; but in all cases the member who shall first rise and address the chair, shall speak first 6. When a member shall be called to order, by the President, or a Senator, he shall sit down; and every question of order shall be decided by the Presi- dent without debate, subject to an appeal to the Senate; and the President may call for the sense of the Senate on any question of order. 7. If the member be called to order by a Senator, for words spoken, the exceptionable words shall imme- diately be taken down in writing, that the President may be better enabled to judge of the matter. 46 RULES OF THE SENATE 8. No member shall absent himself from the service of the Senate, without leave of the Senate first obtained. And in case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the sergeant-at-arms, or any other person or persons by them authorized, for any or all absent members, as the majority of such members present shall agree, at the expense of such absent members respectively, unless such excuse for non-attendance shall be made, as the Senate, when a quorum is convened, shall judge suffi- cient; and in that case the expense shall be paid out of the contingent fund. And this rule shall apply as well to the first convention of the Senate at the legal time of meeting, as to each day of the session, after the hour has arrived to which the Senate stood adjourned. 9. No motion shall be debated until the same shall be seconded. 10. When a motion shall be made and seconded, it shall be reduced to writing, if desired by the President, or any member, delivered in at the table, and read, be- fore the same shall be debated. 11. When a question is under debate, no motion shall be received but to adjourn, to lie on the table, to postpone indefinitely, to postpone to a day certain, to commit, or to amend; which several motions shall have precedence in the order they stand arranged, and the motion for adjournment shall always be in order, and be decided without debate. 12. If the question in debate contain several points, any member may have the same divided. 13. In filling up blanks, the largest sum and longest time shall be first put. 14. When the reading of a paper is called for, and the same is objected to by any member, it shall be de- termined by a vote of the Senate, and without debate. 15. The unfinished business in which the Senate was engaged at the last preceding adjournment, shall have the preference in the special orders of the day. RULES OP THE SENATE. 47 16. When the yeas and nays shall be called for by one-fifth of the members present, each member called upon shall, unless for special reason he be excused by the Senate, declare openly, and without debate, his as- sent or dissent to the question. In taking the yeas and nays, and upon the call of the House, the names of the members shall be taken alphabetically. 17. When the yeas and nays shall be taken upon any question, in pursuance of the above rule, no member shall be permitted, under any circumstances whatever, to vote after the decision is announced from the chair. 18. On a motion made and seconded to shut the doors of the Senate, on the discussion of any business which may, in the opinion of a member, require secre- cy, the President shall direct the gallery to be cleared; and, during the discussion of such motion, the doors shall remain shut. 19. No motion shall be deemed in order, to admit any person or persons whatsoever within the doors of the Senate chamber to present any petition, memorial, or address, or to hear any such read. 20. When a question has been once made and car- ried in the affirmative or negative, it shall be in order for any member of the majority to move for the recon- sideration thereof: but no motion for the reconsidera- tion of any vote shall be in order after a bill, resolution, message, report, amendment, or motion, upon which the vote was taken, shall have gone out of the pos- session of the Senate, announcing their decision; nor shall any motion for reconsideration be in order, unless made on the same day on which the vote was taken, or within the two next days of actual session of the Senate thereafter. 21. When the Senate are equally divided, the Secre- tary shall take the decision of the President. 22. All questions shall be put by the President of the Senate, either in the presence or absence of the 48 RULES OF THE SENATE. President of the United States, and the Senators shall signify their assent or dissent, by answering, ay or no. 23. The Vice-President, or President of the Senate pro tempore, shall have the right to name a member to perform the duties of the chair; but such substitution shall not extend beyond an adjournment. 24. Before any petition or memorial, addressed to the Senate, shall be received and read at the table, whether the same shall be introduced by the President or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the in- troducer. 25. One day's notice, at least, shall be given of an intended motion for leave to bring in a bill; and all bills reported by a committee, shall, after the first reading, be printed for the use of the Senate: but no other paper or document shall be printed for the use of the Senate, without special order. 26. Every bill shall receive three readings previous to its being passed; and the President shall give notice at each, whether it be the first, second, or third ; which readings shall be on three different days, unless the Senate unanimously direct otherwise. And all resolu- tions proposing amendments to the Constitution, or to which the approbation and signature of the President may be requisite, or which may grant money out of the contingent, or any other fund, shall be treated, in all respects, in the introduction and form of proceedings on them, in the Senate, in a similar manner with bills: and all other resolutions shall lie on the table one day for. consideration, and also reports of Committees. < 27. No bill shall be committed or amended until it shall have been twice read; after which it may be re- ferred to a committee. 28. All bills on a second reading shall first be con- sidered by the Senate in the same manner as if the Senate were in committee of the wiiole, before they RULES OF THE SENATE. 49 shall be taken up and proceeded on by the Senate agree- ably to the standing rules, unless otherwise ordered. And when the Senate shall consider a treaty, bill, or resolution, as in committee of the whole, the Vice-Pre- sident, or President pro tempore, may call a member to fill the chair, during the time the Senate shall remain in committee of the whole; and the chairman so called shall, during such time, have the powers of a President pro tempore. 29. The final question, upon the second reading of every bill, resolution, constitutional amendment, or mo- tion, originating in the Senate, and requiring three readings previous to being passed, shall be, " Whether it shall be engrossed and read a third time?" and no amendment shall be received for discussion at the third reading of any bill, resolution, amendment, or motion, unless by unanimous consent of the members present: but it shall at all times be in order, before the final passage of any such bill, resolution, constitutional amendment, or motion, to move its commitment; and should such commitment take place, and any amendment be report- ed by the committee, the said bill, resolution, constitu- tional amendment, or motion, shall be again read a second time, and considered as in committee of the whole, and then the aforesaid question shall be again put. 30. The special orders of the day shall not be called by the Chair before one o'clock, unless otherwise direct- ed by the Senate. 31. The titles of bills, and such parts thereof only as shall be affected by proposed amendments, shall be in- serted on the journals. 32. The proceedings of the Senate, when not acting as in committee of the whole, shall be entered on the journal as concisely as possible, care being taken to de- tail a true and accurate account of the proceedings: but every vote of the Senate shall be entered on the journal; ^nd a brief statement of the contents of each petition? 5 50 RULES OF THE SENATE. memorial, or paper, presented to the Senate, shall also be inserted on the journal. 33. The following Standing Committees, to consist of five members each, shall be appointed at the com- mencement of each session, with leave to report by- bill or otherwise. A Committee on Foreign Relations. A Committee on Finance. A Committee on Commerce. A Committee on Manufactures. A Committee on Agriculture. A Committee on Military Affairs. A Committee on the Militia. A Committee on Naval Affairs. A Committee on Public Lands. A Committee on Private Land Claims, A Committee on Indian Affairs. A Committee of Claims. A Committee on the Judiciary. A Committee on the Post-Office and Post Roads. A Committee on Pensions. A Committee on the District of Columbia. A Committee of three members, whose duty it shall be to audit and control the contingent expenses of the Senate. And a Committee, consisting of three members, whose duty it shall be to examine all bills, amendments, resolu- tions, or motions, before they go out of possession of the Senate, and to make report that they are correctly en- grossed; which report shall be entered on the journal. 34. In the appointment of the standing committees, the Senate will proceed, by ballot L , severally, to appoint the chairman of each committee, and then, by one ballot, the other members necessary to complete the same; and a majority of the whole number of votes given shall be necessary to the choice of a chairman of a standing co??i?nittee. All other committees shall be appointed RULES OP THE SENATE. 51 by ballot, and a plurality of votes shall make a choice. When any subject or matter shall have been referred to a committee, any other subject or matter of a similar nature may, on motion, be referred to such committee. 35. When motions are made for reference of the same subject to a select committee, and to a standing committee, the question on reference to the standing committee shall be first put. 36. When nominations shall be made in writing by the President of the United States to the Senate, a fu- ture day shall be assigned, unless the Senate unanimous- ly direct otherwise, for taking them into consideration. When the President of the United States shall meet the Senate in the Senate Chamber, the President x)f the Senate shall have a chair on the floor, be considered as the head of the Senate, and his chair shall be assigned to the President of the United States. When the Senate shall be convened by the President of the United States to any other place, the President of the Senate and Se- nators shall attend at the place appointed. The Secretary of the Senate shall also attend to take the minutes of the Senate. 37. Whenever a treaty shall be laid before the Se- nate for ratification, it shall be read a first time for in- formation only; when no motion to reject, ratify, or modify, the whole or any part, shall be received. Its second reading shall be for consideration, and on a sub- sequent day; when it shall be taken up, as in committee of the whole, and every one shall be free to move a question on any particular article, in this form: "Will the Senate advise and consent to the ratification of this article?" or to propose amendments thereto, either by inserting or by leaving out words; in which last case, the question shall be, "Shall these words stand as part of the article?" And in every of the said cases, the con- currence of two-thirds of the Senators present shall be re- quisite to decide affirmatively* And when through the 5'2 RULES OP THE SENATE. whole, the proceedings shall be stated to the House, and questions shall be again severally put thereon for confir- mation, or new ones proposed, requiring, in like man- ner, a concurrence of two-thirds, for whatever is retain- ed or inserted; the votes so confirmed, shall, by the House, or a committee thereof, be reduced into the form of a ratification, with or without modifications, as may have been decided, and shall be proposed on a subse- quent day, when every one shall again be free to move amendments, either by inserting or leaving out words; in which last case, the question shall be, " Shall these words stand as part of the resolution?" And in both cases, the concurrence of two-thirds shall be requisite to carry the affirmative, as well as, on the final question, to ad- vise and consent to the ratification in the form agreed to. 38. All confidential communications, made by the President of the United States to the Senate, shall be by the members thereof kept secret; and all treaties which may be laid before the Senate, shall also be kept secret, until the Senate shall, by their resolution, take off the injunction of secrecy. 39. All information or remarks, touching or con- cerning the character or qualifications of any person no- minated by the President to office, shall be kept secret. 40. When acting on confidential or executive busi- ness, the Senate shall be cleared of all persons, except the Secretary, the Sergeant-at-Arms and Door-keeper, or, in his absence, the Assistant Door-keeper. 41. The proceedings of the Senate, when they shall act in their executive capacity, shall be kept in separate and distinct books. 42. Extracts from the Executive Record are not to be furnished but by special order. 43. When an amendment to be proposed to the constitution is under consideration, the concurrence of two-thirds of the members present shall not be requisite JIULES OF THE SENATE. S3 to decide any question for amendments, or extending to the merits, being short of the final question. 44. When any question may have been decided by the Senate, in which two-thirds of the members present are necessary to carry the affirmative, any member, who votes on that side which prevailed in the question, may be at liberty to move for a reconsideration; and a mo- tion for reconsideration shall be decided by a majority of votes. 45. Messages shall be sent to the House of Repre- sentatives by the Secretary, who shall previously en- dorse the final determination of the Senate thereon. 46. Messengers are introduced in any state of busi- ness, except while a question is putting, while the yeas and nays are calling, or while the ballots are counting. 47. The presiding officer of the Senate shall have the regulation of such parts of the Capitol and of its passages, as are or may be set apart for the use of the Senate and its officers. 48. The Secretary of the Senate, the Sergeant-at- Arms and Door-keeper, and the Assistant Door-keeper, shall be chosen on the second Monday of the first ses- sion of the 21st Congress, and on the same day of the first session of every succeeding Congress. - « JOINT RULES OP THE TWO HOUSES JOINT RULES OF THE TWO HOUSES. 1. In every case of an amendment of a bill agreed to in one House, and dissented to in the other, if either House shall request a conference, and appoint a Com- mittee for that purpose, and the other House shall also appoint a Committee to confer, such Committees shall, at a convenient hour, to be agreed on by their chairman, meet in the conference chamber, and state to each other verbally, or in writing, as either shall choose, the rea- sons of their respective Houses, for and against the amendment, and confer freely thereon. 2. When a message shall be sent from the Senate to the House of Representatives, it shall be announced at the door of the House by the Door-keeper, and shall be respectfully communicated to the chair, by the person by whom it may be sent. 3. The same ceremony shall be observed, when a message shall be sent from the House of Representa- tives to the Senate. 4. Messages shall be sent by such persons, as a sense of propriety in each House may determine to be proper, 5. While bills are on their passage between the two Houses, they shall be on paper, and under the signa- ture of the Secretary or Clerk of each House, respec- tively. 6. After a bill shall have passed both Houses, it shall be duly enrolled on parchment, by the Clerk of the House of Representatives, or the Secretary of the Se- nate, as the bill may have originated in the one or the other House, before it shall be presented to the Presi- dent of the United States. 58 JOINT RULES' 7. When bills are enrolled, they shall be examined by a Joint Committee of two from the Senate, and two from the House of Representatives, appointed as a Standing Committee for that purpose, who shall care- fully compare the enrolment with the engrossed bills, as passed in the two Houses, and, correcting any errors that may be discovered in the enrolled bills, make their report forthwith to the respective Houses. 8. After examination and report, each bill shall be signed in the respective Houses, first by the Speaker of the House of Representatives, then by the Presi- dent of the Senate. 9. After a bill shall have been thus signed in each House, it shall be presented by the said Committee to the President of the United States, for his approbation, it being first endorsed on the back of the roll, certify- ing in which House the same originated; which endorse- ment shall be signed by the Secretary or Clerk (as the case may be) of the House in which the same did origin- ate, and shall be entered on the journal of each House. The said Committee shall report the day of presenta- tion to the President, which time shall also be care- fully entered on the journal of each House. 10. All orders, resolutions, and votes, which are to be presented to the President of the United States for his approbation, shall, also, in the same manner, be previously enrolled, examined, and signed, and shall be presented in the same manner, and by the same Com- mittee, as provided in cases of bills. 11. When the Senate and House of Representa- tives shall judge it proper to make a joint address to the President, it shall be presented to him in his audience ehamber, by the President of the Senate, in the presence of the Speaker and both Houses. 12. When a bill or resolution, which shall have passed in one House, is rejected in the other, notice thereof shall be given to the House in which the same shall have passed. OF THE TWO HOUSES. 59 13. When a bill or resolution, which has been passed in one House, shall be rejected in the other, it shall not be brought in during the same session, without a notice of ten days, and leave of two-thirds of that House in which it shall be renewed. 14. Each House shall transmit to the other all papers on which any bill or resolution shall be founded. 15. After each House shall have adhered to their dis- agreement, a bill or resolution shall be lost. 16. No bill that shall have passed one House, shall be sent for concurrence to the other, on either of the three last days of the session. 17. No bill or resolution, that shall have passed the House of Representatives and the Senate, shall be pre- sented to the President of the United States, for his approbation, on the last day of the session. INDEX TO THE RULES OF THE SENATE OF THE UNITED STATES. A. iVb. Past. a 11 58 15 59 11 46 43 52 6 45 Absence, from the Senate, not allowed without leave 8 46 without leave, in cases of, the Sergeant-at- Arms may be sent 8 46 Address of both Houses, to the President of the United States, to be presented by the President of the Senate [Joint rule] Adherence of both Houses, effect of [Joint] Adjournment, motion for, has precedence - Amendments to a resolution to amend the Constitution, carried by a majority Appeal allowed from the decision of the President B. Bills, may be introduced upon one day's notice - - 25 48 shall be read twice before amendment or re- ference - reported, shall be printed - shall receive three readings on different days on second reading", considered as in Com- mittee of the Whole - proceedings on, at different stages titles of, only, and parts affected by amend- ments, inserted on the Journal on their passage, to be on paper [Joint] passed, shall be enrolled on parchment " enrolled, shall be examined " examined, shall be signed by the presiding officer of each House [Joint] signed, to be presented, for approval, and reported [Joint] when rejected, each House to be notified '« 6 27 48 25 48 26 48 28 48 29 49 31 49 5 57 6 57 7 58 8 58 10 58 12 58 62 INDEX TO THE Bilk— No. Page* passed by one House, and rejected by the other, in what manner they may be re- newed [Joint] adhered to, by both Houses, lost " cannot be sent from one House to the other during the three last days of session [Joint] shall be presented for approval before the last day [Joint] Blanks, in filling, what motions have preference - Business, unfinished, has preference - 13 59 15 59 16 59 17 59 13 46 15 46 3 45 39 52 29 49 50 34 50 7 38 26 48 38 52 1 57 Chair, to be addressed Character of persons nominated, to be kept secret Commit, motion to, in order at any time before final passage - Committees, standing how appointed ------ on enrolled bills reports of, to lie one day * Communications, confidential, to be kept secret - Conference, proceedings of Committee of [Joint] Consent, bills may be read three times in one day, by unanimous 26 48 nominations may be considered on the day received, by unanimous - - - - 36 51 Constitution, what majority requisite to amend a resolu- tion proposing amendments to the - - 43 52 Conversation, among members, not allowed during de- bate, or while papers are reading 2 45 D. Debate, no member to speak more than twice, in the same, in one day, without leave - not allowed on a call to order prohibited on a motion to adjourn not allowed on a call for reading papers not allowed in taking yeas and nays Documents, to be printed only by special order - E. Executive record, extracts from prohibited - Executive proceedings, to be kept in separate books - 4 45 6 45 - 11 46 - 14 46 - 16 47 - 25 48 - 42 52 - 41 52 RVLES OF THE SENATE. 63 No. Page. Galleries, when they shall be cleared - - - - 18 47 H. House, each shall transmit to the other the papers on which bills are founded - - - - 14 59 Journal, to be read on a quorum assembling 1 45 to contain the title, only, of bills, and the parts affected by proposed amendments - 31 49 every vote to be entered on - - 32 49 a brief statement of every memorial, peti- tion, and paper, to be entered on - - 32 49 to be as concise as possible when acting as in Committee of the Whole - - - 32 49 L, Leave to bring in a bill, one day's notice of motion for, required 25 48 M. Members, prohibited from speaking to each other dur- ing debate 2 45 present, not a quorum, empowered to send for absent members 8 46 shall express assent or dissent by ay or no - 22 47-8 Member, when he speaks, shall address the Chair 3 45 first rising and addressing the Chair, shall speak first 5 45 called to order by President or Senator, shall sit down ------ 6 45 words of, shall be taken down, when called to order by a Senator 7 45 shall not absent himself without leave 8 46 any, may desire a motion to be reduced to writing 10 46 may have a question divided, if susceptible of division - - - - « - 12 46 No.. Page. 16 47 17 47 24 48 32 49 2&3 57 4 57 46 53 9 46 10 46 10 46 11 46 11 46 11 46 13 46 64 INDEX TO THE Member — required to vote when yeas and nays are called - not allowed to vote after decision is announc- ed - - - - - - - - Memorial or Petition, contents of, shall be stated before received and read contents of, to be entered on the Journal - Messages, how announced [Joint] by whom sent « Messengers, when introduced ----- Motion, not to be debated, until seconded made and seconded, shall, if desired, be re- duced to writing to be read before debated - to adjourn, has preference - to adjourn, to be decided without debate privileged, what shall be, when a subject is un- der debate - - . privileged in filling blanks - privileged, in reference to Select or Standing Committees 35 51 to close the galleries shall be discussed confi- dentially ------- 18 47 to admit persons for the purpose of presenting memorial, not in order - - - - 19 47 to reconsider, when, and by whom may be made 44 53 N. Newspapers, not to be read while a member is speaking 2 45 Nominations not to be considered on the day received, unless by consent - - - - 36 51 Notice of one day required of an intended motion for leave to bring in a bill - 25 48 of bills rejected, to be given - - [Joint] 12 58 0. Orders of the day, special, not called before one o'clock 30 49 of the day, special, unfinished business has pre- ference in 15 46 Order, upon a call to, the member shall sit down - 6 45 questions of, to be decided without debate - 6 45 appeals on questions of, may be made from the President's decision .•».,-■» 6 45 RULES OF THE SENATE. 65 M. Page, Order, on questions of, the President may require the sense of the Senate ----- 6 45 upon a call to, by a Senator, for words spoken, the exceptionable words shall be taken down 7 45 Papers and Documents not to be printed without special order - Papers, relating 1 to bills, to accompany them [Joint] Persons, not admitted to present a memorial, &e, Petition, before received, contents of to be stated contents of those presented to be entered on the Journal - President to be first addressed by the Speaker to decide when two or more rise at the same time to speak - *• - - to decide questions of order may call for the sense of the Senate on a ques- tion of order may desire a motion to be reduced to writing" to decide on an equal division - decision of, on an equal division, to be taken by the Secretary - shall put all questions - may, for a limited time, name a member to perform the duties of the chair may appoint a Chairman, while Senate are acting as in Committee of the Whole to give notice of the several readings of bills to have the regulation of the parts of the Capitol appropriated to the Senate - 47 S3 President of the U. S, to be assigned the President's Chair when attending the deliberations of the Senate - » - - - -36 51 Q. Question, under debate, when, and by what motions superseded 11 may be divided - final on second reading - to be decided, Ay or No - to be put by the President of the Senate 25 14 19 24 48 59 47 48 32 3 49 45 5 6 45 45 6 10 21 45 46 47 21 22 47 46-7 23 48 28 26 49 48 11 46 12 46 29 49 22 47 22 47 66 INDEX TO TH£ iVo. Page. Question, on amending Constitution, short of the main question, to be determined by a majority - 43 52 Quorum, proceeding's when a less number shall have as- sembled 8 46 R. Reading Newspapers, prohibited, while the Senate are in session 2 45 of a paper, called for and objected to, to be de- cided by the Senate - - - - 14 46 Reconsideration, motion for, may be made by one of the majority - - - - - 20 47 or by a member of the side that pre- vailed 44 53 motion for, must be made within two days after vote • ■ - ■ 20 47 motion for, must be made before the subject matter is out of possession of the Senate 20 47 of a question requiring the affirmative vote of two-thirds, to be determined by a majority - Record, Executive, extracts from prohibited Resolutions, requiring approbation of the President, to amend Constitution, and grant money, to be treated as bills - other, to He one day - on third reading, amended only by consent engrossed, recommitted, and reported, to be ag-ain read second time further proceedings in passing [Joint] s. Secrecy enjoined on confidential communications enjoined on remarks on persons nominated enjoined on treaties - Secretary to endorse bills passed, &c. - to take the decision of the Vice-President when Senate is equally divided Senate, proceedings of, when a number less than a quo- rum shall have assembled -*•■*'•-■.'- 44 42 53 52 26 26 29 48 48 49 29 10 17 49 58 59 38 39 38 45 52 52 52 53 21 47 8 46 36 51 36 51 37 51 38 51 39 51 40 51-2 32 49 41 52 48 53 2 45 RULES OF THE SENATE. 67 M. Page. Senate, proceedings of, in quasi committee to be enter- ed concisely 32 49 ceremonial proceedings when met by the Presi- dent of the U. S. at any other place than Senate Chamber - __=_ - -36 relating to the Executive proceedings of votes of, to be entered on Journal - contents of memorials and petitions presented to, to be entered on the Journal - - 32 49 shall be cleared of all persons except their offi- cers, when acting on Executive business - 40 52 Executive proceedings of, to be recorded sepa- rately from the Legislative ... officers of, when they shall be elected Speaking, among members, prohibited during debate, more than twice in one day on the same sub- ject, prohibited - - - - 4 45 Time, longest, first put ------ 13 46 Treaties, proceedings on - 37 51 to be kept secret until injunction be removed 38 52 u. Unfinished business, has preference in special orders 15 46 v. Vice-President, or President pro tempore, may appoint a Chairman 23 48 Vote, every, to be entered on the Journal - * - 32 49 no member allowed to, after decision is announced 17 47 w. Words, exceptionable, shall be taken down, when a call to order is made hy a Senator 7 45 68 IKDEX TO THE RULES OF THE SENATE. iYo. Page o Yeas and Nays, to be called alphabetically - - 16 47 may be required by one-fifth - - 16 47 to be taken without debate - - 16 47 after being- taken, no member allowed to enter his vote - - - - 17 47 STAtfDIXG RULES AND ORDERS FOR CONDUCTING BUSINESS IK THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES. STANDING RULES AND ORDERS FOR CONDUCTING BUSINESS IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES. Touching the duty of the Speaker 1. He shall take the chair every day precisely at the hour to which the House shall have adjourned on the preceding day; shall immediately call the members to order; and, on the appearance of a quorum, shall cause the journal of the preceding day to be read. 2. He shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House by any two members; on which appeal no member shall speak more than once, unless by leave of the House. 3. He shall rise to put a question, but may state it sitting. 4. Questions shall be distinctly put in this form, to wit: " As many as are of opinion that (as the question may be,) say Ay;" and, after the affirmative voice is expressed, " As many as are of the contrary opinion say No." If the Speaker doubts, or a division be called for, the House shall divide: those in the affirmative of the question shall first rise from their seats, and afterwards those in the negative. If the Speaker still doubts, or a count be required, the Speaker shall name two members, one from each side, to tell the members in the affirma- 72 RULES OF THE tive, which being reported, he shall then name tw@ others, one from each side, to tell those in the negative, which being also reported, he shall rise and state the decision to the House. 5. When any motion or proposition is made, the ques- tion, " Will the House now consider it?" shall not be put, unless it is demanded by some member, or is deem- ed necessary by the Speaker. 6. The Speaker shall examine and correct the Journal before it is read. He shall have a general direction of the Hall. He shall have the right to name any member to perform the duties of the chair, but such substitution shall not extend beyond an adjournment. 7. All committees shall be appointed by the Speaker, unless otherwise specially directed by the House, in which case they shall be appointed by ballot; and if, upon such ballot, the number required shall not be elected by a majority of the votes given, the House shall proceed to a second ballot, in which a plurality of votes shall prevail; and, in case a greater number than is re- quired to compose or complete a committee shall have an equal number of votes, the House shall proceed to a further ballot or ballots. 8. In all other cases of ballot than for committees, a majority of the votes given shall be necessary to an election; and when there shall not be such a majority on the first ballot, the ballot shall be repeated until a majority be obtained. 9. In all cases of ballot by the House, the Speaker shall vote: in other cases he shall not vote, unless the House be equally divided, or unless his vote, if given to the minority, will make the division equal; and in case of such equal division, the question shall be lost. 10. In all cases where other than members of the House may be eligible to any ofiice by the election of the House, there shall be a previous nomination. 11. All acts, addresses, and joint resolutions, shall be HOUSE OP REPRESENTA? 1VE5. 73 signed by the Speaker; and all writs, warrants, and sub- poenas, issued by order of the House, shall be under his hand and seal, attested by the Clerk. 12. In case of any disturbance or disorderly conduct in the galleries or lobby, the Speaker (or Chairman of the Committee of the Whole House) shall have power to order the same to be cleared. 13. No person, except members of the Senate, their Secretary, Heads of Departments, the Treasurer^ Comp- troller, Register, Auditor, Postmaster General, Presi- dent's Secretary, Chaplains to Congress, Judges of the United States, Foreign Ministers and their Secretaries, Officers who, by name, have received, or shall hereafter receive, the thanks of Congress for their gallantry and good conduct displayed in the service of their country, the Commissioners of the Navy Board, Governor, for the time being, of any State or Territory in the Union, who may attend at the seat of the General Government during the sessions of Congress, and who may choose to avail himself of such privilege, such gentlemen as have been heads of departments, or members of either branch of the legislature; and, at the discretion of the Speaker, persons who belong to such legislatures of foreign go- vernments as are in amity with the United States, shall be admitted within the Hall of the House ©f Repre- sentatives. 14. Stenographers, wishing to take down the debates, may be admitted by the Speaker, who shall assign such places to them, on the floor or elsewhere, to effect their object, as shall not interfere with the convenience of the House. Order of business of the Session* 15. After six days from the commencement of a se- cond or subsequent session of any Congress, all bills, resolutions, and reports, which originated in the House, 7 74 RULES OF THE and at the close of the next preceding session remained undetermined, shall be resumed and acted on, in the same manner as if an adjournment had not taken place. Order of business of the day. 16. As soon as the Journal is read, the Speaker shall call for petitions from the members of each State, and delegates from each Territory, beginning with Maine ; and if, on any day, the whole of the States and Terri- tories shall not be called, the Speaker shall begin on the next day where he left off the previous day. Provided, that, after the first thirty days of the session, petitions shall not be received except on the first day of the meet- ing of the House in each week. 17. The petitions having been presented and disposed of, reports, first from the standing, and then from the select committees, shall be called for, and disposed of. And not more than one hour in each day shall be de- voted to the subject of reports from committees, and re- solutions; after which the Speaker shall dispose of the bills, messages, and communications, on his table, and then proceed to call the orders of the day. 18. The business specified in the two preceding rules shall be done at no other part of the day, except by per- mission of the House. Local or Private Business. 19. Friday and Saturday in every week shall be set apart for the consideration of private bills and private business, in preference to any other, unless otherwise determined by a majority of the House. HOUSE OF REPRESENTATIVES. 75 Of Decorum and Debate. 20. When any member is about to speak in debate, or deliver any matter to the House, he shall rise from his seat, and respectfully address himself to "Mr. Speaker," and shall confine himself to the question un- der debate, and avoid personality. 21. If any^member, in speaking, or otherwise, trans- gress the rules of the House, the Speaker shall, or any member may, call to order; in which case the member so called to order shall immediately sit down, unless permitted to explain, and the House shall, if appealed to, decide on the case, but without debate; if there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, he shall not be permitted to proceed, without leave of the House; and, if the case require it, he shall be liable to the censure of the House. 22. When two or more members happen to rise at once, the Speaker shall name the member who is first to speak. 23. No member shall speak more than twice to the same question, without leave of the House, nor more than once, until every member choosing to speak shall have spoken. 24. If a question depending be lost by adjournment of the House, and revived on the succeeding day, no member, who shall have spoken twice on the preceding day, shall be permitted again to speak without leave. 25. Whilst the Speaker is putting any question, or addressing the House, none shall walk out of, or across, the House; nor, in such case, or when a member is speaking, shall entertain private discourse, nor, whilst a member is speaking, shall pass between him and the chair. 26. No member shall vote on any question in the VO HVLES OP THE event of which he is immediately and particularly in- terested; or in any case where he was not present w 7 hen the question was put. 27. Upon a division and count of the House on any question, no member without the bar shall be counted. 28. Every member who shall be in the House when the question is put, shall give his vote, unless the House, for special reasons, shall excuse him. 29. When a motion is made and seconded, it shall be stated by the Speaker; or, being in writing, it shall be handed to the Chair, and read aloud by the Clerk be- fore debated. 30. Every motion shall be reduced to writing, if the Speaker or any member desire it. 31. After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in the possession of the House, but may be withdrawn at any time before a decision or amendment. 32. When a question is under debate, no motion shall be received but to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to com- mit, or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged: and no motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall be again allowed on the same day, and at the same stage of the bill or proposition. A motion to strike out the enacting words of a bill shall have pre- cedence of a motion to amend, and, if carried, shall be considered equivalent to its rejection. 33. When a resolution shall be offered, or a motion made to refer any subject, and different committees shall be proposed, the question shall be taken in the follow- ing order: The Committee of the Whole House on the State of the Union; the Committee of the Whole House; a Stand- ing Committee; a Select Committee; HOUSE OF REPRESENTATIVES. 77 34. A motion to adjourn shall be always in order; that, and the motion to lie on the table, shall be decided without debate. 35. The previous question shall be in this form : " Shall the main question be now put?" It shall only be ad- mitted when demanded by a majority of the members present; and, until it is decided, shall preclude all amend- ment and further debate of the main question. 36. On a previous question there shall be no debate. 37. When a question is postponed indefinitely, the same shall not be acted upon again during the session. 38. Any member may call for the division of a ques- tion, which shall be divided if it comprehends questions so distinct, that, one being taken away, the rest may stand entire for the decision of the House; a motion to strike out and insert shall be deemed indivisible. But a motion to strike out being lost, shall preclude neither amendment nor a motion to strike out and insert. 39. Motions and reports may be committed at the pleasure of the House. 40. No motion or proposition on a subject different from that under consideration, shall be admitted under color of amendment. 41. When a motion has been once made and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsidera- tion thereof, on the same, or the succeeding day. 42. When the reading of a paper is called for, and the same is objected to by any member, it shall be de- termined by a vote of the House. 43. The unfinished business in which the House was engaged at the last preceding adjournment, shall have the preference in the orders of the day; and no motion on any other business shall be received, without special leave of the House, until the former is disposed of. 44. Every order, resolution, or vote, to which the concurrence of the Senate shall be necessarv, shall be 7* 7S RULES OP THE read to the House, and laid on the table, on a day pre- ceding that in which the same shall be moved, unless the House shall otherwise expressly allow. 45. Petitions, memorials, and other papers addressed to the House, shall be presented by the Speaker, or by a member in his place ; a brief statement of the contents thereof shall verbally be made by the introducer, and shall not be debated or decided on the day of their being first read, unless where the House shall direct other- wise; but shall lie on the table, to be taken up in the order they were read. 46. A proposition requesting information from the President of the United States, or directing it to be fur- nished by the Head of either of the Executive Depart- ments, or by the Postmaster General, shall lie on the table one day for consideration, unless otherwise order- ed by the unanimous consent of the House; and all such propositions shall be taken up for consideration in the order they were presented, immediately after reports are called for from select committees; and, when adopt- ed, the Clerk shall cause the same to be delivered. 47. Any fifteen members (including the Speaker, if there be one, ) shall be authorized to compel the attend ance of absent members. 48. Upon calls of the House, or in taking the yeas and nays on any question, the names of the members shall be called alphabetically. 49. Any member may excuse himself from serving on any committee at the time of his appointment, if he is then a member of two other committees. 50. No member shall absent himself from the service of the House unless he have leave, or be sick and unable to attend. 51. Upon the call of the House, the names of the members shall be called over by the Clerk, and the ab- sentees noted ; after which the names of the absentees shall again be called over, the doors shall then be shut^ MOUSE OP REPRESENTATIVES. 70 and those for whom no excuse, or insufficient excuses are made, may, by order of those present, if fifteen in number, be taken into custody as they appear, or may be sent for and taken into custody, wherever to be found, by special messengers to be appointed for that purpose. 52. When a member shall be discharged from custody, and admitted to his seat, the House shall determine whether such discharge shall be with or without paying fees; and, in like manner, whether a delinquent mem- ber, taken into custody by a special messenger, shall, or shall not, be liable to defray the expense of such special messenger. 53. A Sergeant-at-Arms shall be appointed, to hold his office during the pleasure of the House, whose duty it shall be to attend the House during its sitting; to exe- cute the commands of the House from time to time; to- gether with all such process, issued by authority thereof, as shall be directed to him by the Speaker. 54. The fees of the Sergeant-at-Arms shall be, for every arrest, the sum of two dollars; for each day's cus- tody and releasement, one dollar; and for travelling ex- penses for himself or a special messenger, going and re- turning, one-tenth of a dollar per mile. 55. Twenty-one standing committees shall be ap- pointed at the commencement of each session, viz: To consist of seven Members each. A Committee of Elections. A Committee of Ways and Means. A Committee of Claims. A Committee of Commerce. A Committee on the Public Lands. A Committee on the Post Office and Post Roads. A Committee for the District of Columbia. A Committee on the Judiciary. A Committee on Revolutionary Claims. A Committee on Public Expenditures. SO EtLES OF THE A Committee on Private Land Claims. A Committee on Manufactures. A Committee on Agriculture. A Committee on Indian Affairs. A Committee on Military Affairs A Committee on Naval Affairs. A Committee on Foreign Affairs. A Committee on the Territories. A Committee on Military Pensions. To consist of three ^Members each. A Committee of Revisal and Unfinished Business. A Committee of Accounts. 56. It shall be the duty of the Committee of Elections to examine and report upon the certificates of election or other credentials of the members returned to serve in this House, and to take into their consideration all such petitions, and other matters touching elections and re- turns, as shall or may be presented, or come into ques- tion, and be referred to them by the House. 57. It shall be the duty of the Committee of Ways and Means, to take into consideration all such reports of the Treasury Department, and all such propositions relative to the revenue, as may be referred to them by the House: to inquire into the state of the public debt, or the revenue, and of the expenditures, and to report, from time to time, their opinion thereon; to examine into the state of the several public departments, and particularly into the laws making appropriations of mo- neys, and to report whether the moneys have been dis- bursed conformably with such laws: and. also, to report, from time to time, such provisions and arrangements as may be necessary to add to the economy of the depart- ments, and the accountability of their offie- In preparing bills of appropriation for other obj : the Committee of Ways and Means shall not include ap- propriations for carrying into effect treaties made by the HOUSE OP REPRESENTATIVES. 81 United States; and, where an appropriation bill shall be referred to them, for their consideration, which contains appropriations for carrying a treaty into effect, and for other objects, they shall propose such amendments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropria- tions for other objects. 58. It shall be the duty of the Committee of Claims to take into consideration all such petitions and matters or things, touching claims and demands on the United States, as shall be presented, or shall or may come in question, and be referred to them by the House; and to report their opinion thereupon, together with such pro- positions for relief therein, as to them shall seem ex- pedient. 59. It shall be the duty of the Committee of Com- merce to take into consideration all such petitions and matters or things, touching the commerce of the United States, as shall be presented, or shall or may come into question, and be referred to them by the House; and to report, from time to time, their opinion thereon. 60. It shall be the duty of the Committee on the Pub- lic Lands to take into consideration all such petitions and matters or things respecting the lands of the United States, as shall be presented, or shall or may come in question, and be referred to them by the House; and to report their opinion thereupon, together with such pro- position for relief therein, as to them shall seem expe- dient. 61. It shall be the duty of the Committee on the Post Office and Post Roads, to take into consideration all such petitions and matters or things touching the Post Office and Post Roads, as shall be presented, or may come in question, and be referred 1o them by the House; and to report their opinion thereupon, together with such pro- positions relative thereto, as to them shall seem expe* dient, 82 RULES OF THE 62. It shall be the duty of the Committee for the Dis- trict of Columbia to take into consideration all such pe- titions and matters or things touching the said District, as shall be presented, or shall come in question, and be re- ferred to them by the House; and to report their opinion thereon, together with such propositions relative there- to, as to them shall seem expedient. 63. It shall be the duty of the Committee on the Judi- ciary to take into consideration all such petitions and matters or things touching judicial proceedings, as shall be presented, or may come in question, and be referred to them by the House; and to report their opinion there- upon, together with such propositions relative thereto, as to them shall seem expedient. 64. It shall be the duty of the Committee on Revo- lutionary Claims to take into consideration all such pe- titions and matters or things touching claims and de- mands originating in the Revolutionary war, or arising therefrom, as shall be presented, or shall or may come in question, and be referred to them by the House; and to report their opinion thereupon, together with such propositions for relief therein, as to them shall seem ex- pedient. 65. It shall be the duty of the Committee on Public Expenditures to examine into the state of the several public departments, and particularly into laws making appropriations of moneys, and to report whether the moneys have been disbursed conformably with such laws; and also, to report, from time to time, such provisions and arrangements as may be necessary to add to the economy of the departments, and the accountability of their officers. 66. It shall be the duty of the Committee on Private Land Claims to take into consideration all claims to land which may be referred to them, or shall or may come in question, and to report their opinion thereupon, to- gether with such propositions for relief therein, as t« them shall seem expedient. HOUSE OF REPRESENTATIVES. S3 67. It shall be the duty of the Committee on Military Affairs to take into consideration all subjects relating to the military establishment and public defence, which may be referred to them by the House, and to report their opinion thereupon; and also, to report, from time to time, such measures as may contribute to economy and accountability in the said establishment. 68. It shall be the duty of the Committee on Naval Affairs to take into consideration all matters which con- cern the naval establishment, and which shall be referred to them by the House, and report their opinion there- upon; and also, to report, from time to time, such mea- sures as may contribute to economy and accountability in the said establishment. 69 It shall be the duty of the Committee on Foreign Affairs to take into consideration all matters which con- cern the relations of the United States with foreign na- tions, and which shall be referred to them by the House, and to report their opinion on the same. 70. It shall be the duty of the Committee on the Ter- ritories to examine into their legislative, civil, and criminal proceedings, and to devise and report to the House such means as, in their opinion, may be neces- sary to secure the rights and privileges of residents and non-residents. 71. It shall be the duty of the Committee on Military Pensions to take into consideration all such matters re- specting pensions for military service; and also, all such matters respecting invalid pensions, as shall be referred to them by the House. 72. It shall be the duty of the Committee of Revisal and Unfinished Business to examine and report what laws have expired, or are near expiring, and require ta be revived or further continued; also, to examine and report, from the Journal of the last session, all such matters as were then depending and undetermined 84 Kt?LES 0F THE 73. It shall be the duty of the Commitee of Accounts to superintend and control the expenditure of the con- tingent fund of the House of Representatives, and to au- dit and settie all accounts which may be charged thereon; and also, to audit the accounts of the members for their travel to and from the Seat of Goverment, and their at- tendance in the House. 74. Six additional standing committees shall be ap- pointed at the commencement of the first session in each Congress, whose duty shall continue until the first ses- sion of the ensuing Congress. To consist of three members each, 1. A committee on so much of the public accounts and expenditures as relate to the Department of State. 2. A committee on so much of the public accounts and expenditures as relate to the Treasury Department. 3. A committee on so much of the public accounts and expenditures as relate to the Department of War. 4. A committee on so much of the public accounts and expenditures as relate to the Department of the Navy. 5. A committee on so much of the public accounts and expenditures as relate to the Post Office; and, 6. A committee on so much of the public accounts and expenditures as relate to the Public Buildings. 75. It shall be the duty of the said committees to ex- amine into the state of the accounts and expenditures respectively submitted to them, and to inquire and re- port, particularly — Whether the expenditures of the re- spective departments are justified by law: Whether the claims from time to time satisfied and dis- charged by the respective departments are supported by sufficient vouchers, establishing their justness both as to their character and amount: Whether such claims have been discharged out of funds appropriated therefor, and whether all moneys have been disbursed in conformity with appropriation HOUSE OF REPRESENTATIVES. 35 laws; and whether any, and what, provisions are neces- sary to be adopted, to provide more perfectly for the ap- plication of the public moneys, and to secure the Govern- ment from demands unjust in their character, or extra- vagant in their amount. And it shall be, moreover, the duty of the said com- mittees to report, from time to time, whether any, and what, retrenchment can be made in the expenditures of the several departments, without detriment to the pub- lic service; whether any, and what, abuses at any time exist in the failure to enforce the payment of moneys which may be due to the United States from public de- faulters or others; and to report, from time to time, such provisions and arrangements as may be necessary to add to the economy of the several departments, and the ac- countability of their officers. 76. The several standing committees of the House shall have leave to report by bill, or otherwise. 77. No committee shall sit during the sitting of the House, without special leave. 78. The Clerk of the House shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities, and shall be deemed to continue in office until another be appointed. 79. It shall be the duty of the Clerk to make, and cause to be printed and delivered to each member, at the commencement of every session of Congress, a list of the reports which it is the duty of any officer or department of the Government to make to Congress; referring to the act or resolution, and page of the volume of the Laws or Journal in which it may be contained; and placing, under the name of each officer, thte list of reports of him to be made, and the time when the report may be expected. 80. It shall be the duty of the Clerk of the House, at the end of each session, to send a printed copy of the Journals thereof to the Executive, and to each branch of the Legislature of every State. 8 86 RULES OF THE 8 1 . All questions of order shall be noted by the Clerk, with the decision, and put together at the end of the Journal of every session. 82. Whenever confidential communications are re- ceived from the President of the United States, the House shall be cleared of all persons, except the members, Clerk, Sergeant-at-Arms, and Doorkeeper, and so contin- ued during the reading of such communications, and (unless otherwise directed by the House) during all pro- ceedings to be had thereon. And when the Speaker or any other member shall inform the House that he has communications to make, which he conceives ought to be kept secret, the House shall, in like manner, be clear- ed till the communication be made; the House shall then determine whether the matter communicated requires secrecy or not, and take order accordingly. 83 The Sergeant-at-Arms and the Doorkeeper shall be sworn to keep the secrets of the House. 84. All questions relating to the propriety of busi- ness to be acted on shall be decided without debate. On Bills. 85. Every bill shall be introduced by motion or leave, or by an order of the House, on the report of the Com- mittee; and, in either case, a committee to prepare the same shall be appointed. In cases of a general nature, one day's notice at least shall be given of the motion to bring in a bill; and every such motion may be commit- ted. 86. Every bill shall receive three several readings in the House previous to its passage; and all bills shall be despatched in order as they were introduced, unless where the House shall direct otherwise; but no bill shall be twice read on the same day, without special order of the House. 87. The first reading of a bill shall be for information ; and, if opposition be made to it, the question shall be, HOUSE OP REPRESENTATIVES. S7 " Shall this bill be rejected ?" If no opposition be made, or if the question to reject be negatived, the bill shall goto its second reading without a question. 88. Upon a second reading of a bill, the Speaker shall state it as ready for commitment or engrossment; and, if committed, then a question shall be, whether to a se- lect or standing committee, or to a Committee of the Whole House; if to a Committee of the Whole House, the House shall determine on what day; but if the bill be ordered to be engrossed, the House shall appoint the day when it shall be read the third time. 89. No more than three bills originating in the House shall be committed to the same Committee of the Whole, and such bills shall be analogous in their nature, which analogy shall be determined by the Speaker. 90. After commitment and report thereof to the House, or at any time before its passage, a bill may be recom- mitted. 91. All bills ordered to be engrossed shall be executed in a fair and round hand. 92. No amendment, by way of rider, shall be re- ceived to any bill on its third reading. 93. When a bill shall pass, it shall be certified by the Clerk, noting the day of its passage at the foot thereof. Of Committees of the Whole House. 94. It shall be a standing order of the day, through- out the session, for the House to resolve itself into a Committee of the Whole House on the State of the Union. 95. In forming a Committee of the Whole House, the Speaker shall leave his chair, and a chairman, to preside in committee, shall be appointed by the Speaker. 96. Upon bills committed to the Committee of the Whole House, the bill shall be first read throughout by the Clerk, and then again read and debated by clauses, leaving the preamble to be last considered; the body of oo RULES OP THE the bill shall not be defaced nor interlined, but all amendments, noting the page and line, shall be duly en- tered by the Clerk on a separate paper, as the same shall be agreed to by the committee, and so reported to the House. After report, the bill shall again be subject to be debated and amended by clauses, before a question to engross it be taken. 97. All amendments made to an original motion in committee shall be incorporated with the motion, and so reported. 98. All amendments made to a report committed to a Committee of the Whole, shall be noted and reported as in case of bills. 99. All questions, whether in committee or in the House, shall be propounded in the order in which they were moved, except that, in filling up blanks, the largest sum and longest time shall be first put. 100. No motion or proposition for a tax or charge upon the People shall be discussed the day in which it is made or offered, and every such proposition shall re- ceive its first discussion in a Committee of the Whole House. 101. No sum or quantum of tax or duty, voted by a Committee of the Whole House, shall be increased in the House until the motion or proposition for such in- crease shall be first discussed and voted in a Committee of the Whole House; and so in respect to the time of its continuance. 102. All proceedings, touching appropriations of mo- ney, shall be first discussed in a Committee of the Whole House. 103. The rules of proceeding in the House shall be observed in a Committee of the Whole House, so far as they may be applicable, except the rule limiting the time of speaking; but no member shall speak twice to any question, until every member choosing to speak shall have spoken-. HOUSE OF REPRESENTATIVES. 89 104. No standing rule or order of the House shall be rescinded or changed without one day's notice being given of the motion therefor. Nor shall any rule be sus- pended, except by a vote of at least two-thirds of the members present. 105. It shall be in order for the Committee on Enroll- ed Bills to report at any time. 106. No person shall be permitted to perform di- vine service in the chamber occupied by the House of Representatives, unless with the consent of the Speaker. &* IDTDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES, A. Rule. Page Absent members, their attendance may be compelled by fifteen members - - - - - Absent, no member allowed to be, unless on leave MtoL,\ signed by Speaker - - - Adjourn, a motion to, always in order, but not to be de- bated ------ Amendment not to be admitted, if on a subject different from that under consideration - Amendments to engrossed bills, by way of rider, not permitted - - - - to engrossed bills to be kept on separate paper - to original motions, in Committee of the Whole - to reports, in Committee of the Whole - Appeals, how made and debated - proceedings in case of Appropriations to be first discussed in Committee of the Whole ------ Appropriations for treaties not to be included in bills making appropriations for other objects - B. Ballot, for committees - in other cases - Bill rejected, if enacting words be stricken out Bills on the table, when taken up private, to have preference on Fridays and Saturdays how to be introduced or reported - the several readings of - if opposed on first reading, question to reject to be put, &c - - 87 86 47 78 50 78 11 72 34 77 40 77 92 87 96 87 97 88 98 88 2 71 21 75 L02 88 57 80 7 72 8 72 32 76 17 74, 19 74, 85 86 86 86 92 INDEX TO THE RULES OF THE Rule. Bills, how to be disposed of on second reading - 88 not more than three to be committed to same Com- mittee of the Whole - - - - 89 may be recommitted at any time before passage - 90 to be engrossed in a fair round hand - - 91 not to be amended on third reading by riders - 92 when passed, to be certified by the Clerk - 93 [in Committee of the Whole] how to be taken up; not to be interlined ; amendments to, how to be kept and reported ; and, after report, may be again debated and amended - - 96 Blanks* rule respecting the filling of - - - 99 Business on the table, when taken up - - -17 daily order of - - - - 16 no debate on priority of - - 84 unfinished^ at the close of a session, to be re- sumed at the commencement of a second or subsequent session of the same Congress - 15 private, to have preference on Fridays and Sa- turdays . - - - - - 19 C. Calls on Departments for information, rule relating to 46 Call of the House, names called alphabetically - - 48 rules relative to a - - 51, 52 Clerk to cause resolutions to be delivered to the Presi- dent, &c. - - - 46 to make a list of reports to be made by public of- ficers to Congress - - - - 79 to forward the Journals to the Governors of the States - - - - - 80 to take an oath to act faithfully, and tenure of ap- pointment, &c. Committees, how to be appointed 78 7 a member may, in a certain case, be ex- cused from serving on - - 49 precedence of, in motions for reference - 33 appointment of standing - - -55 duties of, viz : Of Elections - -56 Or* W r avs and Means - 57 Of Claims - - - 58 Of Commerce - - 59 On Public Lands - - 60 On Post Office & Post Roads 61 For District of Columbia - 62 Page. 87 87 87 87 87 87 87-8 88 74 74 86 74 78 78 78-9 78 85 85 85 72 78 76 79 80 80 81 81 81 81 82 Rule. Page. 63 82 64 82 65 82 66 82 67 83 68 83 69 83 70 83 71 83 72 83 73 84 76 85 77 85 74 84 94 87 95 87 96 87 HOUSE OF HEPRESENTATIVES. 93 Committees, duties of, viz: On the Judiciary - On Revolutionary Claims - On Public Expenditures - On Private Land Claims - On Military Affairs On Naval Affairs - On Foreign Affairs On the Territories On Military Pensions On Revisal and Unfinished Business On Accounts (standing) may report by bill not to sit during the sitting of the House « Committees on Expenditures, appointment and duties of the six standing - Committee of the Whole on the Union, a standing order of the day ------ Committee of the Whole, how formed - - - how to proceed in cases of bills 96 how to report amendments to original motions - - 97 88 how to report amendments to a report - - - 98 88 rules of the House to be ob- served in - - • 103 88 must first entertain all motions for laying or increasing taxes 100, 101 88 Commitment (of motions) to be at the pleasure of the House - - - - - - 39 77 Confidential communications or proceedings, rules upon the subject of - - - - 82 86 Consideration, questions of - - - 5 72 Conversation (private) not to be entertained while a member is speaking - - - - 25 75 D. JJebate, provisions for the preservation of order and de- corum in - . - 20, 21 75 on appeals, limited nature of - - 2 71 on appeals in calls to order, prohibited - 21 75 prohibited on motions to adjourn - - 34 77 on motions to lie on the table - 34 77 94 INDEX TO THE RULES OF THE Rule. Page, Debate, prohibited on petitions and other papers on the day of presentation - - - - prohibited on priority of business to be precluded by the previous question Departments, call for information from - Disorder in the Gallery, remedy in cases of - Divine service not to be performed in the Hall, unless by consent of the Speaker - Division, proceeding's when called for - Division of Questions, when and how they may be allowed 38 Doorkeeper to be sworn to secrecy - Duties or Taxes, rules to be observed respecting" their imposition ----- 100, 101 45 78 84 86 56 77 46 78 12 73 106 89 4 71 . 38 . 77 83 86 88 E. Elections, how to be conducted Enacting words, stricken out, considered a rejection - Engrossed bills not to be amended by riders while on their passage between the twoHouses. (See Bills. ) Engrossments to be in a fair round hand Enrolled bills, committee on, may report at any time - Excused from voting, rule relating to being Excused from serving on a committee, a member may be Executive Departments^ rules to be observed in calling for information from the heads of - 8 72 32 76 92 87 91 87 105 89 28 76 49 78 46 78 Fees in cases of calls of the House of Sergeant-at-Arms 52 54 79- 79 G. Galleries may be cleared in cases of disorder H. 12 Hall to be under the direction of the Speaker 6 72 persons who may be admitted within the - 13 73 not to be used in the performance of Divine ser- vice, unless by consent of the Speaker - 106 89 Heads of Departments, calls for information from - 46 44 77 11 72 1 71 6 72 HOUSE OP REPRESENTATIVES. 95 I. Rule. Page. Indefinitely, questions not to be resumed which are post- poned - - - - - - 37 77 Information, calls on President and Departments for - 46 78 J. Joint Resolutions, or propositions requiring the consent of the Senate to be laid on the table one day - signed by the Speaker Journal, reading of - to be corrected by the Speaker Lie on the table, precedence of a motion to -32 76 no debate allowed on a motion to - 34 77 one day, all matters requiring the con- f currence of the Senate, to - 44 77 all resolutions calling on Exec- utive officers for information shall - - - 46 78 Lobby may be cleared in cases of disorder - - 12 73 M. Members, to be called alphabetically - - - 48 78 Memorials, when to be presented - - - 16 74 rules to be observed on the presentation of 45 78 Motions to be stated by the Speaker, or read by the Clerk - - - - - 29 76 if desired, shall be reduced to writing - 30 76 when to be considered as in possession of the House - - - - - 31 76 precedence and order of certain - 32-3 76 N. Nomination, cases in which it shall be necessary - 10 72 Rule. Page. - 21 75 - 2 71 - 15 73 - 16 74 - 17 74 96 INDEX TO THE RULES GF THE o. Order, proceedings in cases of calls to - Speaker to decide questions of - Order of business of the session of the day - Orders of the day, when to be called P. Personality in debate prohibited - Petitions* when to be presented - rules in presenting - Postmaster General, calls for information from - Postponed indefinitely, effect of being - Precedence of motions - 32, in business to be decided without debate - Previous question, rules relating to the - 35, President, rules to be observed in calling for informa- tion from the - Private business, to have preference on Fridays and Sa- turdays ------ Privileged persons, to come within the Hall q. Questions, manner of putting - - - - 4 71 decorum to be observed whilst putting - 25 75 when, by whom, and how, divided - - 38 77 to be propounded in the order moved . - 99 88 Quorum, fifteen members may compel the attendance of 47 78 R. Rettding a paper, if objected to, rule respecting the Reconsider, rule respecting motions to - Reference, order and precedence of motions of of motions, to be at the pleasure of the House Reports of committees, when to be made Reports to be made to Congress, clerk to make a list of - Resolutions, when they may be submitted, &c. &c. requiring the assent of the Senate to be laid on the table one day before acted on, &c . 44 77 20 75 16 74 45 78 46 78 37 77 33 76 84 86 36 77 46 78 19 74 13 73 42 77 41 77 33 76 39 77 17 74 79 85 17 74 HOUSE OP REPRESENTATIVES. 97 Rule. Page. Resolutions, calling on Executive officers for information, to lie one day - - - - 46 78 Eiders, engrossed bills not to be amended by - - 92 87 Rules, how to be amended, rescinded, or suspended - 104 89 S. Secrecy, rule relating to - - - - 82 86 Senate, all orders to be laid on the table one day which require the assent of the - Sergeant-at-Jirms to be appointed, and duty of the fees of the - to be sworn to secrecy Speak, Speaker to designate the member who is first to Speaker to take the chair at the hour of meeting to have preference in speaking to order to rise in putting questions - may substitute a member in his place - cases in which he shall or shall not vote to sign acts, addresses, writs, subpoenas, &c. divine service not to be performed in the Hall unless by his consent - Speaking, rules to be observed in, in the House 20, 21, 22, 23 in Committee of the Whole "• private discourse not to be entertained, nor is any person to pass between the chair and a member who is Stenographers may be admitted by the Sneaker Strike out and insert, rule respecting motions to Substitute for a proposition, rule respecting a - Taxes or duties, rules respecting the imposition of 100, 101 Tellers may be appointed to count in certain cases 43 77 53 79 54 79 83 86 22 75 1 71 2 71 3 71 6 72 9 72 11 72 .06 89 >, 23 75 103 88 25 75 14 73 38 77 40 77 .01 88 4 71 u. Unfinished business to have precedence, 8cc. V. 43 77 Vote, every member present shall vote unless excused 28 76 of persons in interest prohibited - - - 26 75 9 9S INDEX TO THE RULES, &C. V. Voting, no member without the bar considered as - 27 76 W. Withdrawal (of motions) rule respecting the - - 31 76 Writing , motions to be reduced to, if desired - • 30 76 Writs, subpoenas, &c. to be signed by the Speaker, &c. 11 72 Y. Yeas and nays to be taken alphabetically - - 48 78 07 PARLIAMENTARY PRACTICE, roa THE USE OF THE SENATE OF THE UNITED STATES, BY THOMAS JEFFERSON. TABLE OP CONTENTS* , 1. Rules, importance of. 2. Legislature. 3. Privilege. 4. Elections. 5. Qualifications. 6. Quorum. 7. Call of the House. 8. Absence. 9. Speaker. 10. Address. 11. Committees. 12. Committee of the Whole. 13. Examination before Committees, &e< 14. Arrangement of business. 15. Order. 16. Order, respecting papers. 17. Order, in debate. 18. Orders of the House. 19. Petitions. 20. Motions. 21. Resolutions. 22. Bills. Readings. 23. " Leave to bring in. 24. a First reading. 25. " Second reading. 26. " Commitment. 27. " Report of Committee. 28. " Recommitment. 29. " Report taken up. 30. " Quasi Committee. 31. " Second reading in the House, 9* 102 TABLE OF CONTENTS. Sec. 32. Bills. Reading papers. 33. " Privileged questions. 34. u Previous question. 35. " Amendments. 36. " Division of question. 37. " Co-existing questions. 38. " Equivalent questions. 39. " The question. 40. " Third reading. 41. " Division of the House. 42. " Title. 43. Reconsideration. 44. Bills sent to the other House. 45. Amendments between the Houses 46. Conferences. 47. Messages. 48. Assent. 49. Journals. 50. Adjournment. 51. Session. 52. Treaties. 53. Impeachment. PREFACE. The Constitution of the United States, establishing a legislature for the Union under certain forms, author- izes each branch of it ' to determine the rules of its own proceedings.' The Senate have accordingly formed some rules for its own government : but these going only to few cases, they have referred to the decision of their President, without debate and without appeal, all questions of order arising either under their own rules, or where they have provided none. This places under the discretion of the President a very extensive field of decision, and one which, irregularly exercised, would have a powerful effect on the proceedings and determi- nations of the House. The President must feel, weightily and seriously, this confidence in his discretion; and the necessity of recurring, for its government, to some known system of rules, that he may neither leave him- self free to indulge caprice or passion, nor open to the imputation of them. But to what system of rules is he to recur, as supplementary to those of the Senate ? To this there can be but one answer. To the system of regulations adopted for the government of some one of the parliamentary bodies within these States, or of that which has served as a prototype to most of them. This last is the model which we have all studied, while we 104 PREFACE. are little acquainted with the modifications of it in our several States. It is deposited, too, in publications pos- sessed by many, and open to all. Its rules are probably as wisely constructed for governing the debates of a considerative body, and obtaining its true sense, as any which can become known to us ; and the acquiescence of the Senate, hitherto, under the references to them, has given them the sanction of their approbation. Considering, therefore, the law of proceedings in the Senate as composed of the precepts of the Constitution, the regulations of the Senate, and, where these are silent, of the rules of Parliament, I have here endeavored to collect and digest so much of these as is called for in ordinary practice, collating the Parliamentary with the Senatorial rules, both where they agree and where they vary. I have done this, as well to have them at hand for my own government, as to deposite with the Senate the standard by which I judge, and am willing to be judged. I could not doubt the necessity of quoting the sources of my information ; among which Mr. HatsePs most valuable book is pre-eminent ; but as he has only treated some general heads, I have been obliged to recur to other authorities in support of a number of common rules of practice, to which his plan did not descend. Sometimes each authority cited supports the whole pas- sage. Sometimes it rests on all taken together. Some- times the authority goes only to a part of the text, the residue being inferred from known rules and principles. For some of the most familiar forms no written authority is, or can be quoted: no writer having supposed it ne- < PREFACE. 105 eessary to repeat what all were presumed to know. The statement of these must rest on their notoriety. I am aware that authorities can often be produced in opposition to the rules which I lay down as parliamen- tary. An attention to dates will generally remove their weight. The proceedings of Parliament in ancient times, and for a long while, were crude, multiform, and embarrassing. They have been, however, constantly advancing towards uniformity and accuracy, and have now attained a degree of aptitude to their object beyond which little is to be desired or expected. Yet I am far from the presumption of believing that I may not have mistaken the parliamentary practice in some cases, and especially in those minor forms, which, being practised daily, are supposed known to every body, and therefore have not been committed to writing. Our resources, in this quarter of the globe, for obtaining information on that part of the subject, are not perfect. But I have begun a sketch, which those who come after me will successively correct and fill up, till a code of rules shall be formed for the use of the Senate, the effects of which may be accuracy in business, economy of time, order, uniformity, and impartiality. NOTE. — The rules and practices peculiar to the Senate, are printed in Italics. Those of Parliament are in the Roman letter. A MANUAL OF PARLIAJ^ENTAHIT PRACTICE. IMPORTANCE OF RULES. Sec. 1. THE IMPORTANCE OF ADHERING TO RULES. Mr. Onslow, the ablest among the Speakers of the House of Commons, used to say, " it was a maxim he <( had often heard when he was a young man, from old " and experienced members, that nothing tended more " to throw power into the hands of administration, and " those who acted with the majority of the House of 66 Commons, than a neglect of, or departure from, the " rules of proceeding: that these forms, as instituted u by our ancestors, operated as a check and control on " the actions of the majority, and that they were, in " many instances, a shelter and protection to the mi- " nority, against the attempts of power/' So far the maxim is certainly true, and is founded in good sense, that as it is always in the power of the majority, by their numbers, to stop any improper measures pro- posed on the part of their opponents, the only weapons by which the minority can defend themselves against similar attempts from those in power, are the forms and rules of proceeding, which have been adopted as they were found necessary, from time to time, and are become the law of the House; by a strict adherence to which, the weaker party can only be protected from those irregularities and abuses, which these forms were in- 108 MANUAL. tended to check, and which the wantonness of power is but too often apt to suggest to large and successful ma- jorities. 2 Hats. 171, 172. And whether these forms be in all cases the most ra- tional or not, is really not of so great importance. It is much more material that there should be a rule to go by, than what that rule is; that there may be a uni- formity of proceeding in business, not subject to the caprice of the Speaker, or captiousness of the members. It is very material that order, decency, and regularity be preserved in a dignified public body. 2 Hats. 149. Sec. n. LEGISLATURE. All Legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Constitution of the United States, Art. 1. Sec. 1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. Constitution of the United States, Art. 1, Sect. 6. For the powers of Congi*ess, see the following Ar- ticles and Sections of the Constitution of the United States. I. 4. 7. 8. 9. II. 1. 2. III. 3. IV. 1. 3. 5. and all the amendments. Sec. III. PRIVILEGE. The privileges of the members of Parliament, from small and obscure beginnings, have been advancing for centuries with a firm and never yielding pace. Claims seem to have been brought forward, from time to time, PRIVILEGE. 109 and repeated, till some example of their admission en- abled them to build law on that example. We can only therefore state the point of progression at which they now are. It is now acknowledged, 1st. That they are at all times exempted from question elsewhere for any thing said in their own house; that during the time of privilege, 2d. Neither a member himself, his* wife, or his servants, [familiares sui] for any matter of their own, may bet arrested on mesne process, in any civil suit: 3d. Nor be detained under execution, though levied be- fore time of privilege: 4th. Nor impleaded, cited, or subpoenaed in any court: 5th. Nor summoned as a wit- ness or juror: 6th. Nor may their lands or goods be dis- strained: 7th. Nor their persons assaulted, or charac- ters traduced. And the period of time, covered by privilege, before and after the session, with the practice of short prorogations under the connivance of the crown, amounts in fact to a perp tual protection against the course of justice. In one instance indeed it has been relaxed by the 10. G. 3. c. 50. which permits judi- ciary proceedings to go on against them. That these privileges must be continually progressive, seems to re- sult from their rejecting all definition of them; the doc- trine being that " their dignity and independence are " preserved by keeping their privileges indefinite; and " that ' the maxims upon which they proceed, together " with the method of proceeding, rest entirely in their " own breast, and are not defined, and ascertained by " any particular stated laws. 5 " 1 Blackst. 163, 164. // was probably from this view of the encroaching character of privilege, that the f ranters of our Con- stitution, in their care to provide that the laws shall bind equally on all, and especially that those who make them shall not exempt themselves from their * Order of the House of Commons, 1663, July 16. f Elsynge 217, 1 Hats. 21. 1 Grey's Deb. 133, 10 110 MANUAL. operation, have only privileged "Senators and Re- presentatives" themselves from the single act of "arrest in all cases, except treason, felony and breach of the peace, during their attendance at the session of their respective houses, and in going to and return- ing from the same, and from being questioned in any other place for any speech or debate in either house." Const. U. S. Art. 1. Sec. 6. Under the general au- thority " to make all laws necessary and proper for carrying into execution the powers given them," Const. U. S. Art. 2. Sec. 8. they may provide by law the details which may be necessary for giving full effect to the enjoyment of this privilege. No such law being as yet made, it seems to stand at present on the following ground. 1. The act of arrest is void, ab initio* 2. The ?nember arrested may be dis- charged on motion. 1. Bl 166. 2 Stra. 990. or by habeas corpus under the Federal or State authority, as the case may be; or by a writ of privilege out of the Chancery, 2 Stra. 989, in those States which have adopted that part of the laws of England. Or- ders of the House of Commons, 1550, February 20. 3. The arrest being unlawful, is a trespass for ivhich the officer and others concerned are liable to action or indictment in the ordinary courts of justice, as in other cases of unauthorized arrest. 4. The court before ivhich the process is returnable is bound to act as in other cases of unauthorized proceeding, and liable also, as in other similar cases, to have their proceedings staid or corrected by the superior courts* The time necessary for going to, and returning from, Congress, not being defined, it will, of course, be judged of in every particular case by those who will have to decide the case. While privilege was under- * 2 Stra. 989. PRIVILEGE. Ill stood in England to extend, as it does here, only to ex- emption from arrest, eundo, morando, et redeundo, the House of Commons themselves decided that " a conve- nient time was to be understood." (1580,) 1 Hats. 99, 100. Nor is the law so strict in point of time as to re- quire the party to set out immediately on his return, but allows him time to settle his private affairs, and to prepare for his journey; and does not even scan his road very nicely, nor forfeit his protection for a little devia- tion from that which is most direct; some necessity per- haps constraining him to it. 2 Stra. 986, 987. This privilege from arrest, privileges of course against all process the disobedience to which is punish- able by an attachment of the person; as a subpoena ad respondendum, or testificandum, or a summons on a ju- ry; and with reason; because a member has superior duties to perform in another place. When a represen- tative is withdrawn from his seat by summons, the 40,000 people whom he represents lose their voice in debate and vote, as they do on his voluntary absence: when a senator is withdrawn by summons, his State loses half its voice in debate and vote, as it does on his voluntary absence. The enormous disparity of evil admits no comparison. So far there will probably be no difference of opi- nion as to the privileges of the two houses of Con- gress: but in the following cases it is otherwise. In Dec. 1795, the H. of R. committed two persons of the name of Randall and Whitney ', for attempting to cor- rupt the integrity of certain members; which they considered as a contempt and breach of the privileges of the house: and the facts being proved, Whitney was detained in confinement a fortnight, and Randall three weeks, and was reprimanded by the Speaker. — In March, 1796, the H. of R. voted a challenge given to a member of their house to be a breach of the privileges of the house; but satisfactory apologies 112 MANUAL. and acknowledgments being made, no farther pro- ceeding was had. — The editor of the Aurora having •, in his paper of February 19, 1800, inserted some pa- ragraphs defamatory of the Senate, and failed in his appearance, he was ordered to be committed. In debating the legality of this order, it was insisted, in support of it, that every man, by the law of nature, and every body of men, possess^ the right of self de- fence; that all public functionaries are essentially invested with the powers of self preservation; that they have an inherent right to do all acts necessary to keep themselves in a condition to discharge the trusts confided to them; that whenever authorities are given, the means of carrying them into execution are given by necessary implication; that thus we see the British parliament exercise the right of pun- ishing contempts; all the State Legislatures exercise the same power; and every court does the same; that, if we have it not, we sit at the mercy of every in* trader who may enter our doors or gallery, and, by noise and tumult, render proceeding in business im- practicable; that if our tranquillity is to be perpetu- ally disturbed by newspaper defamation, it will not be possible to exercise our functions with the re- quisite coolness and deliberation; and that we must therefore have a power to punish these disturbers of our peace and proceedings. To this it was answer ed^ that the parliament and courts of England have cog- nisance of contempts by the express provisions of their law; that the State legislatures have equal au- thority, because their powers are pie, dry; they re- present their constituents completely, and possess all their powers, except such as their constitutions have expressly denied them; that the courts of the several States have the same powers by the laws of their Slates, and those of the federal government by the same State laws adopted in each State, by a law of PRIVILEGE. 113 Congress; that none of these bodies, therefore, derive those powers from natural or necessary right, but from express law; that Congress have no such natu- ral or necessary power, nor any powers but such as are given them by the constitution; that that has given them, directly, exemption from personal arrest, exemption from question elsewhere for ivhat is said in their house, and power over their own members and proceedings; for these no further law is necessa- ry, the constitution being the law; that, moreover, by that article of the constitution which authorizes them « to make all laws necessary and proper J or carrying into execution the powers vested by the con- stitution in them," they may provide by law for an undisturbed exercise of their functions, e. g. for the punishment of contempts, of affrays or tumult in their presence, 8,-c. but, till the law be made, it does not exist; and does not exist, from their own neglect; that, in the mean time, however, they are not unpro- tected, the ordinary magistrates and courts of law being open and competent to punish all unjustifiable disturbances or defamations, and even their own ser- geant, who may appoint deputies ad libitum to aid him, 3 Grey, 59. 147. 255. is equal to small disturb- ances; that in requiring a previous la , the consti- tution had regard to the inviolability of the citizen, as well as of the member; as, should one house in the regular form of a bill, aim at too broad privileges, it may be checked by the other, and both by the Pre- sident; and also as, the law being promulgated, the citizen will know how to avoid offence. But if one branch may assume its own privileges without con- trol, if it may do it on the spur of the occasion, con- ceal the laiv in its own breast, and after the fact committed, make its sentence both the law and the judgment on that fact; if the off nee is to be kept ^undefined, and to be declared only ex re nata, ana 10* 114 MANUAL. according to the passions of the moment, and there be no limitation either in the manner or measure of the punishment, the condition of the citizen will be perilous indeed. Which of these doctrines is to pre- vail, time will decide. Where there is no fixed law, the judgment on any particular case is the law of that single case only, and dies with it. When a new and even a similar case arises, the judgment which is to make, and at the same time apply the law, is open to question and consideration, as are all new laws. Perhaps Congress, in the mean time, in their care for the safety of the citizen, as well as that for their own protection, may declare by law what is necessary and proper to enable them to carry into execution the powers vested in them, and thereby hang up a rule for the inspection of all, which may direct the con- duct of the citizen, and at the same time test the judgments they shall themselves pronounce in their own case. Privilege from arrest takes place by force of the elec- tion ; and before a return be made a member elected may be named of a committee and is to every intent a member, except that he cannot vote until he is sworn. Memor. 107, 108. D' Ewes, 642. col. 2. 643. col. 1. Pet Miscel. Pari 119. Lex. Pari. c. 23. 2 Hats. 22. 62. Every man must, at his peril, take notice who are members of either house returned of record. Lex. Pari. 23. 4i?ist. 24. On complaint of a breach of privilege, the party may either be summoned, or sent for in custody of the ser- geant. 1 Grey, 88. 95. The privilege of a member is the privilege of the house. If the member waive it without leave, it is a ground for punishing him, but cannot in effect waive the privilege of the house. 3 Grey, 140. 222. For any speech or debate in either house, they shall not be questioned in any other place. Const. U. S. L PBIV'ILEGE 115 6 tempore. 1 Cnand. Sawyer chosen, 16/8, April lo. Sawyer being ill, Seymour cho- sen. Thorpe in execution, a new speaker chosen. 31 H. VI. 3 Grey, 11. and Mar. 14, 1694, Sir John Trevor 169. 276, 277. COMMITTEES. 123 chosen. There have been no later instances. 2 Hats. 161. 4 inst. 8 L. Pari. 263. A speaker may be removed at the will of the house, and a speaker pro tempore appointed.* 2 Grey, 186. 5 Grey, 134. Sec. X. ADDRESS. The President shall, from time to time, give to the Congress informatiori of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. Const. II. 3. A joint address of both Houses of Parliament is read by the Speaker of the House of Lords. It may be at- tended by both Houses in a body, or by a Committee from each House, or by the two Speakers only. An ad- dress of the House of Commons only, may be present- ed by the whole House, or by the Speaker, 9 Grey, 473. 1 Chandler, 298. 301; or by such particular mem- bers as are of the privy council. 2 Hats. 21 S. Sec. XI. COMMITTEES. Standing Committees, as of Privileges and Elections, &c, are usually appointed at the first meeting, to con- tinue through the session. The person first named is generally permitted to act as chairman. But this is a matter of courtesy; every Committee having a right to elect their own chairman, who presides over them, puts questions, and reports their proceedings to the House. 4 inst. 11, 12. Scob. 9. 1 Grey, 122. * Rule 23. The Vice-President, or President of the Senate, pro tempore, shall have the right to name a member to perform the duties of the chair; but such substitution shall not extend beyond an adjournment* 124 MANUAL. At these Committees the members are to speak stand- ing, and not sitting: though there is reason to conjecture it was formerly otherwise. D'Ewes, 630. col. 1. 4. Pari Hist. 440. 2 Hats. 77. Their proceedings are not to be published, as they are of no force till confirmed by the House. Rushw. part. 3. vol. 2. 74. 3 Grey, 401. Scob. 39. Nor can they receive a petition but through the House. 9 Grey f 412. When a Committee is charged with an inquiry, if a member prove to be involved, they cannot proceed against him, but must make a special report to the House; whereupon the member is heard in his place, or at the bar, or a special authority is given to the Com- mittee to inquire concerning him. 9 Grey, 523. So soon as the House sits, and a Committee is noti- fied of it, the chairman is in duty bound to rise in- stantly, and the members to attend the service of the House. 2 Nals. 319. It appears that on joint Committees of the Lords and Commons, each Committee acted integrally in the fol- lowing instances: 7 Grey, 261. 278. 285. 338. 1 Chand- ler, 357. 462. In the following instances it does not appear whether they did or not: 6 Grey, 129. 7 Grey 9 213. 229. 321.* * Rule 33. The following Standing Committees, to consist of five members, each, shall be appointed at the commencement of each session, with leave to report by bill or otherwise: A Committee on Foreign Relations. A Committee on Finance. A Committee on Commerce. A Committee on Manufactures. A Committee on Agriculture. A Committee on Military Affairs. A Committee on the Militia. A Committee on Naval Affairs. A Committee on Public Lands, A Committee on Private Land Claims, A Committee on Indian Affairs. COMMITTEE OF THE WHOLE. 125 Sec. XII. COMMITTEE OF THE WHOLE. The speech, messages, and other matters of great con- cernment, are usually referred to a committee of the whole house, 6 Grey, 311. where general principles are digested in the form of resolutions, which are debated and amended till they get into a shape which meets the approbation of a majority. These being reported and confirmed by the house, are then referred to one or more select committees, according as the subject divides itself into one or more bills. Scob. 36. 44. Proposi- tions for any charge on the people are especially to be first made in a committee of the whole. 3 Hats. 127. The sense of the whole is better taken in committee, because in all committees every one speaks as often as he pleases. Scob. 49. They generally acquiesce in the chairman named by the speaker; but, as well as all other committees, have a right to elect one, some mem- ber, by consent, putting the question. Scob. 36. 3 Grey, 301. The form of going from the house into com- mittee, is for the speaker, on motion, to put the ques- tion that the house do now resolve itself into a commit- tee of the whole to take under consideration such a mat- ter, naming it. If determined in the affirmative, he leaves the chair, and takes a seat elsewhere, as any other member; and the person appointed chairman seats him- A Committee of Claims. A Committee on the Judiciary. A Committee on the Post Office and Post Roads. A Committee on Pensions. A Committee on the District of Columbia. A Committee of three members, whose duty it shall be to audit and control the contingent expenses of the Senate, And a Committee, consisting 1 of three members, whose duty i f shall be to examine all bills, amendments, resolutions, or motions, before they go out of the possession of the Senate* and to make report that they are correctly engrossed; which report shall be en tered on the journal. 126 MANUAL, self at the clerk's table. Scob. 36. Their quorum 1* the same as that of the house: and if a defect happens, the chairman, on a motion and question, rises, the speaker resumes the chair, and the chairman can make no other report than to inform the house of the cause of their dissolution. If a message is announced during a committee, the speaker takes the chair, and receives it because the committee cannot. 2 Hats. 125, 126. In a committee of the whole, the tellers on a division, differing as to numbers, great heats and confusion arose, and danger of a decision by the sword. The speaker took the chair, the mace was forcibly laid on the table; whereupon, the members retiring to their places, the speaker told the house ' he had taken the chair withoutan order, to bring the house into order.' Some excepted against it; but it was generally approved as the only expedient to suppress the disorder. And every mem- ber was required, standing up in his place, to engage that he would proceed no further in consequence of what had happened in the grand committee, which was done. 3 Grey , 128. A committee of the whole being broken up in disor- der, and the chair resumed by the speaker without an order, the house was adjourned. The next day the com- mittee was considered as thereby dissolved, and the sub- ject again before the house; and it was decided in the house, without returning into committee. 3 Grey, 1 30. No previous question can be put in a committee; nor can this committee adjourn as others may; but if their business is unfinished, they rise, on a question, the house is resumed, and the chairman reports that the committee of the whole, have, according to order, had under their consideration such a matter, and have made progress therein ; but not having had time to go through the same, have directed him to ask leave to sit again. Whereupon a question is put on their having leave, and on the time the house will again resolve itself into a EXAMINATION OF WITNESSES. 127 committee. Scob. 38. But if they have gone through the matter referred to them, a member moves that the committee may rise, and the chairman report their proceedings to the house ; which being resolved, the chairman rises, the speaker resumes the chair, th^e chair- man informs him that the committee have gone through the business referred to them, and that he is ready to make report when the house shall think proper to re- ceive it. If the house have time to receive it, there is usually a cry of 'now, now/ whereupon he makes the report : but if it be late, the cry is 6 to-morrow, to-mor- row/ or * on Monday, &e.' or a motion is made to that effect, and a question put that it be received, to-mor- row, &c. Scob, 38. In other things the rules of proceeding are to be the same as in the house. Scob. 39. Sec Xni. EXAMINATION OF WITNESSES. Common fame is a good ground for the house to pro- ceed by inquiry, and even to accusation. Resolution House Commons, 1 Car. 1, 1625. Rush. L. ParL 115. 1 Gray, 16—22. 92. 8 Grey, 21. 23. 27. 45. Witnesses are not to be produced but where the house has previously instituted an inquiry, 2 Hats. 102. nor then are orders for their attendance given blank, 3 Grey, 51. When any person is examined before a committee, or at the bar of the house, any member wishing to ask the person a question, must address it to the speaker or chairman, who repeats the question to the person, or says to him, < you hear the question, answer it.' But if the propriety of the question be objected to, the speak- er directs the witness, counsel and parties^ to with- draw $ for no question can be moved or put, or debated 126 MANUAL. while they are there. 2 Hats. 108. Sometimes the questions are previously settled in writing before the witness enters, ib. 106, 107. 8 Grey, 64. The ques- tions asked must be entered in the journals. 3 Grey, 81. But the testimony given in answer before the house is never written down ; but before a committee it must be, for the information of the house who are not present to hear it. 7 Grey, 52. 334. If either house have occasion for the presence of a person in custody of the other, they ask the other their leave that he may be brought up to them in custody. 3 Hats. 52. A member, in his place, gives information to the house of what he knows of any matter under hearing at the bar. Jour. H of C. Jan. 22, 1744-5. Either house may request, but not command the at- tendance of a member of the other. They are to make the request by message to the other house, and to express clearly the purpose of attendance, that no improper sub- ject of examination may be tendered to him. The house then gives leave to the member to attend, if he choose it ; waiting first to know from the member himself whether he chooses to attend, till which they do not take the message into consideration. But when the peers are sitting as a court of criminal judicature, they may order attendance; unless where it be a case of impeach- ment by the Commons. There it is to be a request. 3 Hats. 17. 9 Grey, 306. 406. 10 Grey, 133. Counsel are to be heard only on private, not on pub- lic bills, and on such points of law only as the House shall direct. 10 Grey, 61. Sic. XIV. ARRANGEMENT OF BUSINESS. The Speaker is not precisely bound to any rules as to what bills or other matter shall be first taken up: but ARRANGEMENT OF BUSINESS. 129 is left to his own discretion, unless the House on a ques- tion decide to take up a particular subject. Hakew. 136. A settled order of business is, however, necessary for the government of the presiding person, and to restrain individual members from calling up favorite measures, er matters under their special patronage, out of their just turn. It is useful also for directing the discretion of the House, when they are moved to take up a par- ticular matter, to the prejudice of others having priority of right to their attention in the general order of busi- ness. In Senate, the bills and other papers which are in possession of the House, and in a state to be acted on, are arranged every morning, and brought on in the following order. 1. Bills ready for a second reading are read, that they may be referred to Committees, and so be put under way. But if, on their being read, no motion is made for commitment, they are then laid on the table in the general file, to be taken up in their just turn. 2. After twelve o'clock, bills ready for it are put on their passage. 3. Reports in possession of the House, which offer grounds for a bill, are to be taken up, that the bill may be ordered in. 4. Bills, or other matters before the House, and unfinished on the preceding day, whether taken up in turn, or on special order, are entitled to be re- sicmed and passed on through their present stage. 5. These matters being despatched, for preparing and expediting business, the general file of bills and other papers is then taken up, and each Article of it is brought on according to its seniority, reckoned by the date of its first introduction to the House. Re- ports on bills belong to the dates of their bills. 139 MANUAL. \The arrangement of the business of the Senate is now as follows : 1. Motions previously submitted. 2. Reports of Committees previously made. 3. Bills from the House of Representatives, and those introduced on leave, which have been read the first time, are read the second time; and, if not re- ferred to a Committee, are considered in Committee of the Whole, and proceeded with as in other cases. 4. After twelve o'clock, engrossed bills of the Se- nate , and bills of the House of Representatives, on third reading, are put on their passage. 5. If the above are finished before one o-clock, the general file of bills, consisting of those reported from Committees on the second reading, and those reported from Committees after having been referred, are taken up in the order in which they were reported to the Senate by the respective Committees. 6. At one o'clock, if no business be pending, or if no motion be made to proceed to other business, the special orders are called, at the head of which stands the unfinished business of the preceding day.~\ In this way we do not waste our time in debating ivhat shall be taken up ; we do one thing at a time ; folloiu up a subject while it is fresh, and till it is done with; clear the House of business gradatim as it is brought on, and prevent, to a certain degree, its im- mense accumulation towards the close of the session. Arrangement, however, can only take hold of mat- ters in possession of the House. New matter may be ?noved at any time, when no question is before the House. Such are original motions, and rejwrts on bills. Such are bills from the other House, ivhich are received at all times, and receive their first reading as soon as the question then before the House is dis- posed of; and bills brought in on leave, which are read first whenever presented. So messages from ORDER RESPECTING PAPERS. 131 the other House, respecting amendments to bills, are taken up as soon as the House is clear of a question, unless they require to be printed, for better consider- ation. Orders of the day may be called for, even when another question is before the House. Sec. XV. ORDER. Each House may determine the rules of its pro- ceedings; punish its members for disorderly beha- viour; and, with the concurrence of two-thirds, expel a member. Const. I. 5. In Parliament 'instances make order/ per Speaker Onslow. 2 Hats. 141. But what is done only by one Parliament, cannot be called custom of Parliament by Prynne. 1 Grey, 52. Sec. XVI. ORDER RESPECTING PAPERS. The clerk is to let no journals, records, accounts, or papers, be taken from the table, or out of his custody. 2 Hats. 193, 194. Mr. Prynne having at a committee of the whole amended a mistake in a bill without order or knowledge of the committee, was reprimanded. 1 Chand. 11. A bill being missing, the house resolved that a pro- testation should be made and subscribed by the members < before Almighty God, and this honorable house, that neither myself nor any other to my knowledge, have taken away, or do at this present conceal a bill entitled, &c. 5 Grey, 202. After a bill is engrossed, it is put into the speaker s hands, and he is not to let any one have it to look into. Town. col. 209. 132 MANUAL. Sec. XVn. ORDER IN DEBATE. When the speaker is seated in his chair, every mem- ber is to sit in his place. Scob. 6. 3 Grey, 403. When any member means to speak, he is to stand up in his place, uncovered, and to address himself, not to the house, or any particular member, but to the speaker, who calls him by his name, that the house may take no- tice who it is that speaks. Scob. 6. D' Ewes, 487. Col. 1. 2 Hats. 77. 4 Grey, 66. 8 Grey, 108. But members who are indisposed may be indulged to speak sitting. 2 Hats. 75. 77. 1 Grey, 195. In Senate every member, when he speaks, shall ad- dress the chair standing in his place, and when he has finished shall sit down. Ride 3. When a member stands up to speak, no question is to be put, but he is to be heard, unless the house overrule him. 4 Grey, 390. 5 Grey, 6. 143. If two or more rise to speak nearly together, the speaker determines who was first up, and calls him by name, whereupon he proceeds, unless he voluntarily sits down and gives way to the other. But sometimes the house does not acquiesce in the speaker's decision, in which case the question is put, ' which member was first up?' 2 Hats. 76. Scob. 7. D'Ewes, 434. col. 1, 2. In the Senate of the United States, the President's decision is without appeal. Their rule is in these words: when two members rise at the same time, the President shall name the person to speak ; but in all cases the member who shall first rise and address the chair, shall speak first. Rule 5. No man may speak more than once to the same bill on the same day; or even on another day, if the debate be adjourned. But if it be read more than once in the same day, he may speak once at every reading. Co. 12, 115. Hakeiv. 148. Scob. 58. 2 Hats. 15. Even a change of opinion does not give a right to be heard a .second time. Smyth Comw. L. 2. c. 3. Jircan. Pari. 17. ORDER IN DEBATE. 133 The corresponding rule of Senate is in these words : no member shall speak more than twice, in any one debate, on the same day, without leave of the Senate. Rule 4. But he may be permitted to speak again to clear a matter of fact. 3 Grey, 357. 416. Or merely to ex- plain himself, 2 Hats. 73. in some material part of his speech, ib. 15, or to the manner or words of the ques- tion, keeping himself to that only and not travelling into the merits of it ; Memorials in Hakew. 29; or to the orders of the house, if they be transgressed, keeping within that line, and not falling into the matter itself. Mem. Hakew. 30, 31. But if the speaker rises to speak, the member stand- ing up ought to sit down, that he may be first heard. Town. col. 205. Hale pari. 133. Mem. in Hakew. 30, 31. Nevertheless, though the speaker may of right speak to matters of order, and be first heard, he is re- strained from speaking on any other subject, except where the house have occasion for facts within his know- ledge ; then he may, with their leave, state the matter of fact. 3 Grey, 38. No one is to speak impertinently or beside the ques- tion, superfluously or tediously. Scob. 31. 33. 2 Hats. 166 168. Hale pari. 133. No person is to use indecent language against the pro- ceedings of the house, no prior determination of which is to be reflected on by any member, unless he means to conclude with a motion to rescind it. 2 Hats. 169, 170. Rushw. p. 3. v. 1. fol. 42. But while a proposi- tion under consideration is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the house. 9 Grey, 508. No person, in speaking, is to mention a member then present, by his name; but to describe him by his seat in the house, or who spoke last, or on the other side of 12 134 MANUAL. the question, &c. Mem. in Hakew. 3. Smyth- s Co?nw. L. 2. c. 3. nor to digress from the matter to fall upon the person ; Scob. 31. Hale pari. 133. 2 Hats. 166. by speaking, reviling, nipping, or unmannerly words against a particular member. Smyth Comw. L. 2. c. 3. The consequences of a measure may be reprobated in strong terms; but to arraign the motives of those who propose to advocate it, is a personality, and against order. Qui digreditur a materia ad personam, Mr. speaker ought to suppress. Ord. Com. 1604. Jipr. 19. When a member shall be called to order by the Pre- sident, or a Senator, he shall sit down; and every question of order shall be decided by the President, without debate, subject to an appeal to the Senate; and the President may call for the sense of the Senate on any question of order. Rule 6. No member shall speak to another /or otherwise in- terrupt the business of the Senate, or read any print- ed paper while the journals or public papers are read- ing, or when any member is speaking in any debate. Rule 2. No one is to disturb another in his speech by hissing, coughing, spitting, 6 Grey, 332. Scob. 8. D'Ewes, 332. col. 1. 640. col. 2. speaking or whispering to an- other, Scob. 6. D'Ewes, 487. col. 1. nor to stand up or interrupt him ; Town. col. 205. Mem. in Hakew. 31. nor to pass between the speaker and the speaking mem- ber, nor to go across the house, Scob. 6. or to walk up and down it, or to take books or papers from the table, or write there. 2 Hats. 171. Nevertheless, if a member finds that it is not the in- clination of the house to hear him, and that by conver- sation or any other noise they endeavor to drown his voice, it is his most prudent way to submit to the plea- sure of the house, and sit down; for it scarcely ever happens that they are guilty of this piece of ill manners ORDER IN DEBATE. 135 without sufficient reason, or inattentive to a member who says any thing worth their hearing. 2 Hats. 77, 78. If repeated calls do net produce order, the speaker may call by his name any member obstinately persist- ing in irregularity, whereupon the house may require the member to withdraw. He is then to be heard in exculpation, and to withdraw. Then the speaker states the offence committed; and the house considers the de- gree of punishment they will inflict. 2 Hats. 167, 7, 8. 172. For instances of assaults and affrays in the House of Commons, and the proceedings thereon, see 1 Pet. Misc. 82. 3 Grey, 128. 4 Grey, 328. 5 Grey, 382. 6 Grey, 254. 10 Grey, 8. Whenever warm words, or an assault have passed between members, the house, for the protection of their members, requires them to de- clare in their places not to prosecute any quarrel, 3 Grey, 128. 293. 5 Grey, 289.; or orders them to attend the speaker, who is to accommodate their differences and report to the house; 3 Grey, 419. and they are put un- der restraint if they refuse, or until they do. 9 Grey, 234. 312. Disorderly words are not to be noticed till the mem- ber has finished his speech. 5 Grey, 356. 6 Grey, 60. Then the person objecting to them, and desiring them to be taken down by the clerk at the table, must repeat them. The speaker then may direct the clerk to take them down in his minutes. But if he thinks them not disorderly, he delays the direction. If the call becomes pretty general, he orders the clerk to take them down ? as stated by the objecting member. They are then part of his minutes, and when read to the offending mem- ber, he may deny they were his words, and the house must then decide by a question whether they are his words or not. Then the member may justify them, or explain the sense in which he used them, or apologize. Tf the house is satisfied, no farther proceeding is. neces- 136 MANUAL. sary. But if two members still insist to take the sense of the house, the member must withdraw, before that question is stated, and then the sense of the house is to betaken. 2 Hats, 199. 4 Grey, 170. 6 Grey, 59. When any member has spoken, or other business intervened, after offensive words spoken, they cannot be taken no- tice of for censure. And this is for the common secu- rity of allj and to prevent mistakes which must happen if words are not taken down immediately. Formerly they might be taken down at any time the same day. 2 Hats. 196. Mem. in Hakew. 71. 3 Grey, 48. 9 Grey, 514. Disorderly words spoken in a committee must be written down as in the house ; but the committee can only report them to the house for animadversion. 6 Grey, 46. The rule of the Senate says, If the member be call- ed to order by a Senator, for words spoken, the excep- tionable words shall immediately be taken down in writing, that the President may be better enabled to judge of the matter . Rule 7. In parliament, to speak irreverently or seditiously against the king is against order. Smith's Comw. L. 2. c. 3. 2 Hats. 170. It is a breach of order in debate to notice what has been said on the same subject in the other house, or the particular votes or majorities on it there: because the opinion of each house should be left to its own inde- pendency, not to be influenced by the proceedings of the other; and the quoting them might beget reflections leading to a misunderstanding between the two houses. 8 Grey, 22. Neither house can exercise any authority over a mem- ber or officer of the other, but should complain to the house of which he is, and leave the punishment to them. Where the complaint is of words disrespectfully spoken by a member of another house, it is difficult to obtain ORDER IN DEBATE. 137 punishment, because of the rules supposed necessary to be observed (as to the immediate noting down of words) for the security of members. Therefore it is the duty of the house, and more particularly of the speaker, to in- terfere immediately, and not to permit expressions to go unnoticed, which may give a ground of complaint to the other house, and introduce proceedings and mutual accusations between the two houses, which can hardly be terminated without difficulty and disorder. 3 Hats. 51. No member may be present when a bill or any busi- ness concerning himself is debating; nor is any member to speak to the merits of it till he withdraws. 2 Hats. 219. The rule is, that if a charge against a member arise out of a report of a committee, or examination of witnesses in the house, as the member knows from that to what points he is to direct his exculpation, he may be heard to those points, before any question is moved or stated against him. He is then to be heard, and with- draw before any question is moved. But if the ques-^ tion itself is the charge, as for breach of order,- or mat- ter arising in the debate; there the charge must be stated? that is, the question must be moved, himself heard, and then to withdraw. 2 Hats. 121, 122. Where the private interests of a member are concern- ed in a bill or question, he is to withdraw. And where such an interest has appeared, his voice has been disal- lowed, even after a division. In a case so contrary, not only to the laws of decency, but to the fundamental prin- ciple of the social compact, which denies to any man to be a judge in his own cause, it is for the honor of the house that this rule, of immemorial observance, should be strictly adhered to. 2 Hats. 119. 121. 6 Grey, 368. No member is to come into the house with his head covered, nor to remove from one place to another with, his hat on, nor is to put on his hat in coming in, or re- moving until he be set down in his place. Scob. 6, 138 MABTITAL. A question of order may be adjourned to give time to look into precedents. 2 Hats. 118. In parliament, all decisions of the speaker may be controlled by the house. 3 Grey, 319. Sec. XVm. ORDERS OF THE HOUSE. Of right, the door of the house ought not to be shut, but to be kept by porters, or sergeants-at-arms, assign- ed for that purpose. Mod. ten. Pari. 23. By the miles of the Seriate, on motion made and seconded to shut the doors of the Senate on the discus- sion of any business, which may in the opinion of a member, require secrecy, the President shall direct the gallery to be cleared, and during the discussion of such motion, the doors shall remain shut. Rule 18. No motion shall be deemed in order to admit any person or persons whatever within the doors of the Senate chamber, to present any petition, memorial, or address, or to hear any such read. Rule 19. The only case where a member has a right to insist on any thing, is where he calls for the execution of a subsisting order of the House. Here, there having been already a resolution, any person has a right to in- sist that the Speaker, or any other whose duty it is, shall carry it into execution; and no debate or delay can be had on it. Thus any member has a right to have the house or gallery cleared of strangers, an order ex- isting for that purpose; or to have the house told when there is not a quorum present. 2 Hats. S7. 129. How far an order of the House is binding, see Hakew. 392. But where an order is made that any particular mat- ter be taken up on a particular day, there a question is to be put when it is called for, whether the house will now proceed to that matter? Where orders of the day PETITIONS. 139 are on important or interesting matter, they ought not to be proceeded on till an hour at which the house is usually full, (which in Senate is at noon.) Orders of the day may be discharged at any time, and a new one made for a different day. 3 Grey, 48. 313. When a session is drawing to a close, and the impor- tant bills are all brought in, the house, in order to pre- vent interruption by further unimportant bills, some- times come to a resolution that no new bill be brought in, except it be sent from the other house. 3 Grey, 156, All orders of the House determine with the session; and one taken under such an order may, after the ses- sion is ended, be discharged on a habeas corpus. Raym. 120. Jacob's L. D. by Ruffhead. Parliament, 1 Lev. 165, Prichard's case. Where the constitution authorizes each House to determine the rules of its proceedings, it must mean in those cases legislative, executive, or judiciary, sub- mitted to them by the constitution, or in something relating to these, and necessary towards their execu- tion. But orders and resolutions are sometimes en- tered in the journals, having no relation to these, such as acceptances of invitations to attend orations, to take part in processio?is, fyc. These must be un- derstood to be merely conventional among those who are willing to participate in the ceremony, and are therefore perhaps improperly placed among the re- cords of the House. Sec. XIX. PETITIONS. A petition prays something. A remonstrance has no prayer. 1 Grey, 5S. Petitions must be subscribed by the petitioners, Scob. 87. L. Pari. c. 22. 9 Grey, 362, unless they are 140 MANUAL. attending, 1 Grey, 401. or unable to sign, and averred by a member. 3 Grey, 418. But a petition not sub- scribed, but which the member presenting it affirmed to be all in the hand writing of the petitioner, and his name written in the beginning, was on the question (Mar. 14, 1800) received by the Senate. The averment of a member, or of somebody without doors, that they know the hand w r riting of the petitioners, is necessary if it be questioned. 6 Grey, 36. It must be present- ed by a member — not by the petitioners, and must be opened by him, holding it in his hand. 10 Grey, 57. Before any petition or memorial addressed to the Senate shall be received and read at the table, whether the same shall be introduced by the President or a member, a brief statement of the contents of the pe- tition or memorial shall verbally be made by the in- troducer. Rule 24. Regularly a motion for receiving it must be made and seconded, and a question put whether it shall be received? But a cry from the House of " received," or even its silence, dispenses with the formality of this question. It is then to be read at the table and disposed of. Sec. XX. MOTIONS. When a motion has been made, it is not to be put to the question, or debated until it is seconded. Scob. 2L The Senate say no motion shall be debated until the same shall be seconded. Rule 6. It is then and not till then in possession of the house, and cannot be withdrawn but by leave of the house. It is to be put into writing, if the house or speaker require it, and must be read to the house by the speaker as of- ten as any member desires it for his information. 2 Hats. 82. RESOLUTIONS. 141 The rule of the Senate is, when a motion shall be made and seconded, it shall be reduced to writing, if de- sired by the president or any member, delivered in at the table, and read by the president before the same shall be debated. Rule 7. It might be asked whether a motion for adjournment or for the orders of the day can be made by one member while another is speaking? It cannot. When two mem- bers offer to speak, he who rose first is to be heard, and it is a breach of order in another to interrupt him, un- less by calling him to order if he departs from it. And the question of order being decided, he is still to be heard through. A call for adjournment, or for the or- der of the day, or for the question, by gentlemen from their seats, is not a motion. No motion can be made without rising and addressing the chair. Such calls are themselves breaches of order, which, though the mem- ber who has risen may respect, as an expression of im- patience of the house against further debate, yet, if he chooses, he has a right to go on. Sec. XXI. RESOLUTIONS. When the house commands, it is by an ' order/ But fact, principles, their own opinions and purposes, are expressed in the form of resolutions. Jl resolution, for an allowance of money to the clerks, being moved, it was objected to as not m or- der, and so ruled by the chair. But on an appeal to the Senate [i. e. a call for their sense by the President on account of doubt in his mind according to Rule 6.] the decision was overruled. Journ. Sen. June 1, 1796. I presume the doubt was whether an allowance of mo* ney could be made otherwise than by bill 142 MANUAL. Sec. XXII. BILLS. Every bill shall receive three readings, previous t© its being passed; and the president shall give notice at each whether it be the 1st, 2d, or 3d; which readings shall be on three different days, unless the Senate unan- imously direcl; otherwise. Rule 26. Sec. XXHI. BILLS, LEAVE TO BRING IN. One day's notice, at least, shall be given of an in- tended motion for leave to bring in a bill. Rule 25. When a member desires to bring in a bill on any sub- ject, he states to the house in general terms the causes for doing it, and concludes by moving for leave to bring in a bill entitled, &c. Leave being given, on the ques- tion, a committee is appointed to prepare and bring in the bill. The mover and seconder are always appoint ed of this committee, and one or more in addition. Hakew 132. Scob. 40. It is to be presented fairly written, without any era- sure or interlineation, or the speaker may refuse it Scob. 41. 1 Grey, 82. 84. Sec. XXIV. BILLS, FIRST READING. When a bill is first presented, the clerk reads it at the table, and hands it to the speaker, who, rising, states to the house the title of the bill, that this is the first time of reading it, and the question will be whether it shall be read a second time? Then sitting down to give an opening for objections, if none be made, he rises again and puts the question whether it shall be read a second time? Hakew. 137. 141. A bill cannot be amended at the first reading; 6 Grey? 286; nor is it usual for it BILLS, COMMITMENT. 143 to be opposed then: but it may be done, and rejected, D'Ewes, 335. col. 1. 3 Hats. 198. Sec. XXV. BILLS, SECOND READING. The second reading must regularly be on another day, Hakew. 143. It is done by the clerk at the table, who then hands it to the speaker. The speaker rising, states to the house the title of the bill, that this is the second time of reading it, and that the question will be, whether it shall be committed, or engrossed and read a third time ? But if the bill came from the other house, as it always comes engrossed, he states, that the question will be, whether it shall be read a third time ? and be- fore he has so reported the state of the bill, no one is to speak to it. Hakew. 143. 146. In the Senate of the United States, the President reports the title of the bilU that this is the second time of reading it, that it is now to be considered as in a committee of the whole, and the question ivill be, whether it shall be read a third time? or that it may be referred to a special committee? Sec. XXVI. BILLS, COMMITMENT. If on motion and question it be decided that the bill shall be committed, it may then be moved to be referred to a committee of the whole house, or to a special committee. If the latter, the speaker proceeds to name the committee. Any member also may name a single person, and the clerk is to write him down as of the committee. But the house have a controlling power over the names and number, if a question be moved 144 MANUAL. against any one, and may in any case put in and put out whom they please. Those who take exceptions to some particulars in the bill, are to be of the committee. But none who speak directly against the body of the bill. For he that would totally destroy, will not amend it. Hakew. 146. Town* noil. 208. D'Ewes, 634. col 2. Scob. 47. or as is said, 5 Grey r , 145, the child is not to be put to a nurse that cares not for it. 6 Grey, 373. It is therefore a constant rule ' that no man is to be employed in any matter who has declared himself against it. ' And when any member who is against the bill hears himself named of its committee, he ought to ask to be excused. Thus, March 7, 1606, Mr. Hadley was, on the question's be- ing put, excused from being of a committee, declaring himself to be against the matter itself. Scob. 46. No bill shall be committed or amended until it shall have been twice read, after which it may be referred to a committee. Rule 27. In the appointment of the standing committees, the Senate will proceed, by ballot, severally to appoint the chairman of each com?nittee, and then, by one ballot, the other members necessary to complete the same; and a majority of the whole number of votes given shall be necessary to the choice of a chairma?i of a standing committee. Ml other committees shall be appointed by ballot, and a plurality of votes shall make a choice. When any subject or matter shall have been referred to a committee, any other subject or matter of a similar nature may, on motion, be re- f erred to such committee. Rule 34. The clerk may deliver the bill to any member of the committee. Town. col. 138. But it is usual to de- liver it to him who is first named. In some cases the house has ordered a committee to withdraw immediately into the committee chamber. BILLS, COMMITMENT, 145 and act on, and bring back the bill, -sitting the house* Scob. 48. A committee meets when and where they please, if the house has not ordered time and place for them. 6 Grey, 370. But they can only act when to- gether, and not by separate consultation and consent, nothing being the report of the committee but what has been agreed to in committee actually assembled. A majority of the committee constitutes a quorum for business. Elsynge's method of passing bills, 11. Any member of the house may be present at any select committee, but cannot vote, and must give place to all of the committee, and sit below them. Elsynge, 12. Scob. 49. The committee have full power over the bill, or other paper committed to them, except that they cannot change the title or subject. 8 Grey, 228. The paper before a committee, whether select, or of the whole, may be a bill, resolutions, draught of an ad- dress, &c. and it may either originate with them, or be referred to them. In every case, the whole paper is read first by the clerk, and then by the chairman by paragraphs; Scob. 49. pausing at the end of each par- agraph, and putting questions for amending, if propos- ed. In the case of resolutions on distinct subjects, ori- ginating with themselves, a question is put on each separately, as amended, or unamended, and no final question on the whole: 3 Hats. 276. but if they relate to the same subject, a question is put on the whole. If it be a bill, draught of an address, or other paper originating with them, they proceed by para- graphs, putting questions for amending, either by in- sertion or striking out, if proposed : but no question on agreeing to the paragraphs separately. This is re- served to the close, when a question is put on the w T hole, for agreeing to it as amended, or unamended. But if it be a paper referred to them, they proceed tQ put 13 146 MANUAL. questions of amendment, if proposed, but no final ques- tion on the whole : because all parts of the paper hav- ing been adopted by the house, stand of course, unless altered, or struck out by a vote. Even if they are opposed to the whole paper, and think it cannot be made good by amendments, they cannot reject it, but must report it back to the house without amendments, and there make their opposition. The natural order in considering and amending any paper is, to begin at the beginning, and proceed through it by paragraphs; and this order is so strictly adhered to in parliament, that when a latter part has been amend- ed, you cannot recur back and make any alteration in a former part. 2 Hats. 90. In numerous assemblies, this restraint is doubtless important: But in the Senate of the United States, though in the main ive consider and amend the paragraphs in their natural order , yet recurrences are indulged: and they seem, on the whole, in that small body, to produce advantages everweighing their inconveniences. To this natural order of beginning at the beginning, there is a single exception found in parliamentary usage. When a bill is taken up in Committee, or on its second reading, they postpone the preamble, till the other parts of the bill are gone through. The reason is, that on consideration of the body of the bill such alterations may therein be made as may also occasion the altera- tion of the preamble. Scob. 50. 7 Grey, 431. On this head the following case occurred in the Se- nate, March 6, 1800: A resolution, which had no pre- amble, having been already amended by the House so that a few words only of the original remained in it, a motion was made to prefix a preamble, which having an aspect very different from the resolution, the mover intimated that he should afterwards propose a corres- pondent amendment in the body of the resolution. It was objected that a preamble could not be taken up till REPORT OF COMMITTEE. 147 the body of the resolution is done with. But the pre- amble was received: because we are in fact through the body of the resolution, we have amended that as far as amendments have been offered, and indeed till little of the original is left. It is the proper time, therefore, to consider a preamble: and whether the one offered be consistent with the resolution, is for the House to de- termine. The mover indeed has intimated that he shall offer a subsequent proposition for the body of the reso- lution; but the House is not in possession of it; it re- mains in his breast, and may be withheld. The rules of the House can only operate on what is before them. The practice of the Senate, too, allows recurrences backwards' and forwards for the purposes of amend- ment, not permitting amendments in a subsequent, to preclude those in a prior part, or e converso. When the Committee is through the whole, a mem- ber moves that the Committee may rise, and the chair- man report the paper to the House, with or without amendments, as the case may be. 2 Hats. 289. 292. Scob. 53. 2 Hats. 290. 8 Scob. 50. When a vote is once passed in a Committee, it cannot be altered but by the House, their votes being binding on themselves. 1607, June 4. The Committee may not erase, interline, or blot the bill itself; but must, in a paper by itself, set down the amendments, stating the words which are to be insert- ed or omitted, Scob. 50. and where, by references to the page, line and word of the bill. Scob. 50. Sec. XXVII. REPORT OF COMMITTEE. The chairman of the Committee, standing in his place, informs the House that the Committee, to whom was referred such a bill, have, according, to order, had 148 MANTJAL. the same under consideration, and have directed him to report the same without any amendment, or with sun- dry amendments, (as the case may be,) which he is ready to do when the House pleases to receive it And he, or any other, may move that it be now received. But the cry of l now, now/ from the House, generally dispenses with the formality of a motion and question. He then reads the amendments, with the coherence in the bill, and opens the alterations, and the reasons of the Committee for such amendments, until he has gone through the whole. He then delivers it at the Clerk's table, where the amendments reported are read by the •Clerk, without the coherence, whereupon the papers lie upon the table till the House at its convenience shall take up the report. Scob. 52. Hakew. 148. The report being made, the Committee is dissolved, and can act no more without a new power. Scob, 51. But it may be revived by a vote, and the same matter recommitted to them. 4 Grey, 361. Seg. XXVni. BILL, RECOMMITMENT. After a bill has been committed and reported, it ought not, in an ordinary course, to be recommitted. But in cases of importance, and for special reasons, it is some- times recommitted, and usually to the same Committee. Hakew, 151. If a report be recommitted before agreed to in the House, what has passed in Committee is of no validity; the whole question is again before the Com- mittee, and a new resolution must be again moved, as if nothing had passed. 3 Hats. 131. note. In Senate, January 1S00, the salvage bill was recom- mitted three times after the commitment. A particular clause of a bill may be committed with- out the whole bill, 3 Hats. 131. or so much of a pa- per *o one, and so much to another committee. $trASr-COMMITTEE. 149 Sec. XXIX. BILL, REPORT TAKEN UP. When the report of a paper originating with a com- mittee is taken up by the house, they proceed exactly as in committee. Here, as in committee, when the pa- ragraphs have, on distinct questions, been agreed to se- riatim, 5 Grey, 366. 6 Grey, 368. 8 Grey, 47. 104. 360. 1 Torbuctfs deb. 125. 3 Hats. 348. no question needs be put on the w T hole report. 5 Grey, 381. On taking up a bill reported with amendments, the amendments only are read by the clerk. The speaker then reads the first, and puts it to the question, and so on till the whole arc adopted or rejected, before any other amendment be admitted, except it be an amend- ment to an amendment. Elsynge's Mem. 53. When through the amendments of the committee, the speaker pauses, and gives time for amendments to be proposed in the House to the body of the bill: as he does also if it has been reported without amendments; putting no questions but on amendments proposed : and when through the whole, he puts the question whether the bill shall be read a third time? Sec. XXX. QUASI-COMMITTEE. If on motion and question, the bill be not committed. or if no proposition for commitment be made, then the proceedings in the Senate of the United States, and in parliament, are totally different. The former shall be first stated. The 28th rule of the Senate says, i v Ml bills > on a second reading, shall first be considered by the Se- nate in the same manner as if the Senate ivere in committee of the whole, before they shall be taken up and proceeded on by the Senate, agreeably to the stand- 13* i50 MANUAL. ing rules, unless otherwise ordered:' [that is to say, unless ordered to be referred to a Special Committee.] And when the Senate shall consider a treaty, bill, or resolution, as in Committee of the Whole, the Vice- President, or President pro tempore, may call a mem- ber to fill the chair, during the time the Senate shall remain in Committee of the Whole; and the chair- man so called, shall, during such time, have the pow- ers of a President, pro tempore. * The proceeding of the Senate as in a Committee of the Whole, or in Quasi-Committee, is precisely as in a real Committee of the Whole, taking no questions but on amendments. When through the Whole, they consider the Quasi-Committee as risen, the House re- sumed, ivithout any motion, question, or resolution to that effect, and the President reports that 'the fc House, acting as in a Committee of the Whole, have 6 had under their consideration the bill intituled, $c, S and have made sundry amendments which he will ; now report to the House.' The bill is then before ihem, as it ivould have been if reported from a Com- mittee, and questions are regularly to be put again on every amendment; which being gone through, the President pauses to give time to the House to pro- pose amendments to the body of the bill; and when through, puts the question whether it shall be read a third time. After progress in amending a bill in Quasi- Com- rnittee, a motion may be made to refer it to a Special Committee. If the motion prevails, it is equivalent m effect to the several votes that the Committee rise, the House resume itself, discharge the Committee of the Whole, and refer the bill to a Special Committee, hi that case, the amendments already made fall. But if the motion fails, the Quasi-Committee stands i>i statu quo. QUASI-COMMITTEE. 151 How far does this 28th rule subject the House when in quasi-committee, to the laws which regulate the proceedings of committees of the whole? The parti- culars in which these differ from proceedings in the House, are the following: 1. In a committee every member may speak as often as he pleases. 2. The votes of a committee may be rejected or altered when report- ed to the house. 3. A committee, even of the whole, cannot refer any matter to another committee. 4.^ In a committee no previous question can be taken. The only means to avoid an improper discussion, is to move that the committee rise : and if it be apprehended that the same discussion will be attempted on returning into committee, the house can discharge them, and proceed itself on the business, keeping down the improper dis- cussion by the previous question. 5. A committee cannot punish a breach of order in the house, or in the gallery. 9 Grey, 113. It can only rise and report it to the house, who may proceed to punish. The 1st and 2d of these peculiarities attach to the quasi-commit- tee of the Senate, as every day's practice proves, and seem to be the only ones to which the 28th rule meant to subject them. For it continues to be a house, and therefore, though it acts in some respects as a com- mittee, in others it preserves its character as a house. Thus, 3. it is in the daily habit of referring its busi- ?iess to a special committee. 4. It admits of the pre- vious question. If it did not, it would have no means of preventing an improper discussion; not being able as a committee is, to avoid it by returning into the house: for the moment it would resume the same sub- ject there, the 28th rule declares it again a quasi-com- mittee. 5. It would doubtless exercise its powers as a house on any breach of order. 6. 7/ takes a ques- tion by Yea and Nay, as the House does. 7. It re- ceives messages from the President and the other house. 8. In the midst of a debate it receives a mo- 152 MANUAL. Hon to adjourn, and adjourns as a house, not as a co?nmittee. Sec. XXXI. BILL, SECOND READING IN THE HOUSE. In parliament, after the bill has been read a second time, if, on the motion and question, it be not commit- ted, or if no proposition for commitment be made, the Speaker reads it by paragraphs, pausing between each, but putting no question but on amendments proposed; and when through the whole, he puts the question whe- ther it shall be read a third time? if it came from the other house: or, if originating with themselves, whe- ther it shall be engrossed and read a third time? The Speaker reads sitting, but rises to put questions. The clerk stands while he reads. * But the Senate of the United States is so much in the habit of making many and material amend- ments at the 3d reading, that it has become the prac- tice not to engross a bill till it has passed, Jin irre- gular and dangerous practice; because, in this icay, the paper which passes the Senate is not that ivhich goes to the other house; and that ivhich goes to the * The former practice of the Senate, referred to in this para- graph, has been changed by the following- rule: The final question, upon the second reading of every hill, resolution, constitutional amendment, or motion, originating in the Senate, and requiring three readings previous to being passed, shall be, " Whe- ther it shall be engrossed and read a third time?" and no amendment shall be received for discussion at the third reading of any bill, resolu- tion, amendment, or motion, unless by unanimous consent of the mem- hers present: but it shall at all times be in order, before the final pas- sage of any such bill, resolution, constitutional amendment, or mo- tion, to move its commitment; and should such commitment take place, and any amendment be reported by the committee, the said bill, reso- lution, constitutional amendment, or motion, shall be again read a se- cond time, and considered as in committee of the ivhole, and then the aforesaid question shall be again put.- Rule 29, HEADING PAPERS. 153 other house as the act of the Senate, has never been seen in Senate. In reducing numerous, difficult, and illegible amendments into the text, the Secretary may, ivith the most innocent intentions, commit er- rors, which can never again be corrected. The bill being now as perfect as its friends can make it, this is the proper stage for those fundamentally op- posed to make their first attack. All attempts at ear- lier periods are with disjointed efforts; because, many who do not expect to be in favor of the bill ultimately, are willing to let it go on to its perfect state, to take time to examine it themselves, and to hear what can be said for it; knowing that, after all, they will have suf- ficient opportunities of giving it their veto. Its two last Stages, therefore, are reserved for this, that is to say, on the question whether it shall be engrossed and read a third time? And lastly, whether it shall pass? The first of these is usually the most interesting contest; because, then the whole subject is new and engaging, and the minds of the members having not yet been declared by any trying vote, the issue is the more doubtful. In this stage, therefore, is the main trial of strength between its friends and opponents: and it behooves every one to make up his mind decisively for this question, or he loses the main battle; and accident and management may, and often do, prevent a successful rallying on the next and last question, whether it shall pass? When the bill is engrossed, the title is to be endorsed on the back, and not within the bill. Hakew. 250. Sec. XXXII. READING PAPERS. Where papers are laid before the House, or referred to a committee, every member has a right to have them once read at the table, before he can be compelled to 154 MANUAL. vote on them. But it is a great, though common error, to suppose that he has a right, to ties quoties, to have acts, journals, accounts or papers on the table, read inde- pendently of the will of the house. The delay and in- terruption which this might be made to produce, evince the impossibility of the existence of such a right. There is, indeed, so manifest a propriety of permitting every member to have as much information as possible on every question on which he is to vote, that when he de- sires the reading, if it be seen that it is really for in- formation, and not for delay, the Speaker directs it to be read, without putting a question, if no one objects. But if objected to, a question must be put. 2 Hats. 117, 118. It is equally an error to suppose that any member has a right, without a question put, to lay a book or paper on the table, and have it read, on suggesting that it con- tains matter infringing on the privileges of the House, ib. For the same reason a member has not a right to read a paper in his place, if it be objected to, without leave of the House. But this rigor is never exercised but where there is an intentional or gross abuse of the time and patience of the House. A member has not a right even to read his own speech, committed to writing, without leave. This also is to prevent an abuse of time; and therefore is not re- fused, but where that is intended. 2 Grey, 227. A report of a committee of the Senate on a bill from the House of Representatives being under considera- tion, on motion that the report of the committee on the House of Representatives on the same bill be read in Senate, it passed in the negative; Feb. 28, 1793. Formerly when papers were referred to a committee, they used to be first read: but of late, only the titles; unless a member insists they shall be read, and then no >>ody can oppose it 2 Hats. 117, PRIVILEGED QUESTIONS. 155 Sec. XXXIII. PRIVILEGED QUESTIONS. * While a question is before the Senate, no motion shall be received, unless for an amendment, for the previous question, or for postponing the main ques- tion, or to commit it, or to adjourn. Rule 8. It is no possession of a bill unless it be delivered to the clerk to be read, or the Speaker reads the title. Lex. Pari 274. Elsynge, Mem. 85. Ord. House of Commons, 64. It is a general rule that the question first moved and seconded shall be first put. Scob. 28. 22. 2 Hats. 81. But this rule gives way to what may be called privi- leged questions; and the privileged questions are of dif- ferent grades among themselves. A motion to adjourn simply takes place of all others; for otherwise the House might be kept sitting against its will, and indefinitely. Yet this motion cannot be received after another question is actually put, and while the House is engaged in voting. Orders of the day take place of all other questions, except for adjournment. That is to say, the question which is the subject of an order is made a privileged one, pro hac vice. The order is a repeal of the general rule as to this special case. When any member moves therefore for the orders of the day to be read, no fur- ther debate is permitted on the question which was before the House, for if the debate might proceed, it might con- ♦This rule has been modified so as to specify the questions en- titled to preference. The rule is now as follows: When a question is under debate, no motion shall be received but to adjourn, to lie on the table, to postpone indefinitely, to postpone to a day certain, to commit, or to amend; which several motions shall have precedence in the order they stand arranged, and the motion for ad- journment shall always be in order 9 and be decided withotft debate. 156 MANUAL. tinue through the day and defeat the order. This ma- tion, to entitle it to precedence, must be for the orders generally, and not for any particular one; and if it be carried on the question. " Whether the House will now proceed to the orders of the day.'- they must be read and proceeded on in the course in which they stand: 2 Hats. S3, for priority of order gives priority of right, which cannot be taken away but by another spe- cial order. After these there are other privileged questions which will require considerable explanation. It is proper that every parliamentary assembly should have certain forms of question, so adapted as to enable them fitly to dispose of every proposition which can be made to them. Such are, 1. The previous question. 2. to postpone indefinitely. 3. To adjourn a question to a definite day. 4. To lie on the table. 5. To commit 6. To amend. The proper occasion for each of these questions should be understood. 1. When a proposition is moved, which it is useless or inexpedient now to express or discuss, the previous question has been introduced for suppressing for that time the motion and its discussion 3 Hats. 1SS, 189. 2. But as the previous question gets rid of it only for that day. and the same proposition may recur the next day, if they wish to suppress it for the whole of that session, they postpone it indefinitely. 3 Hats. 183. This quashes the proposition for that session, as an in- definite adjournment is a dissolution, or the continuance of a suit, sine die, is a discontinuance of it. 3. When a motion is made which it will be proper to act on, but information is wanted, or something more pressing claims the present time, the question or debate is adjourned to such day within the session as will an- swer the views of the House. 2 Hats. SI. And those who have spoken before may not speak again when the turned debate is resumed. 2 Hats. 73. Sometis: PRIVILEGED QUESTIONS* 157 however, this has been abusively used by adjourning it to a day beyond the session, to get rid of it altogether, as would be done by an indefinite postponement. 4. When the House has something else which claims its present attention, but would be willing to reserve in their power to take up a proposition whenever it shall suit them, they order it to lie on their table. It may then be called for at any time. 5. If the proposition will want more amendment and digestion than the formalities of the House will con- veniently admit, they refer it to a Committee. 6. But if the proposition be w r ell digested, and may need but few and simple amendments, and especially if these be of leading consequence, they then proceed to consider and amend it themselves. The Senate, in their practice, vary from this regular gradation of forms. Their practice, comparatively with that of Parliament, stands thus: For the Parliamentary The Senate uses Postponement indefinite, Postponement to a day beyond the session. Adjournment, Postponement to a day within the session. . . . M . , C Postponement indefinite. Lying on the table, £ Lyin ^ on the uble% In their 8th rule, therefore, which declares that while a question is before the Senate, no motion shall be re- ceived unless it be for the Pr. Qu., or to postpone, commit, or amend the main question, the term post- ponement must be understood according to their broad use of it, and not in its Parliamentary sense. Their rule then establishes as privileged questions, the pre- vious question, postponement, commitment, and amend- ment. But it may be asked, have these questions any privi- lege among themselves? Or are they so equal that the common principle of the < first moved, first put/ takes 14 158 MANUAL. place among them? This will need explanation. Their competitions may be as follow: !. Previous Question and Postpone } C ommit C Amend J> In the 1st, 3d, an . Postpone and Previous Question "p classes, and the 1- Conimit C ber of the 4th class, the Amend j rule :ved first put,' 3j. Commit and Previous Question 1 takes place. Postpone £» Amend j i. Amend and Previous Question } Postpone £ Commit j In the first class, where the P. Q, is first moved, the effect is peculiar. For it not only prevents the after motion to postpone or commit from being put to ques- tion before it, but also from being put after it. For, if the P. Q. be decided affirmatively, to wit, that the 31. Q. shall now be put, it would of course be against the decision to postpone or commit And if it be decided negatively, to wit, that the 31. Q. shall not now be put, this puts the House out of possession of the 31. Q. , and consequently there is nothing before them to postpone or commit. So that neither voting for or against the P. Q. will enable the advocates for postponing or com- mitting to set at their object. Whether it may be amended shall be examined hereafter. 2d class. If postponement be decided affirmatively, the proposition is removed from before the house, and consequently there is no ground for the Pr. Qu. com- mitment, or amendment. But, if decided negatively, that it shall not be postponed, the 31. Q., may then be suppressed by the P. Q. or may be committed, or amended. The 3d class is subject to the same observations a* the 2d-. PRIVILEGED QUESTIONS. 159 The 4th class. Amendment of the Q. M. first mov- ed, and afterwards the P. Q., the question of amend- ment shall be first put. Amendment and postponement competing, postpone- ment is first put, as the equivalent proposition to ad- journ the M. Q. would be in parliament. The reason is that the question for amendment is not suppressed by postponing or adjourning the M. Q. but remains be- fore the house whenever the M. Q. is resumed : and it might be that the occasion for other urgent business might go by, and be lost by length of debate on the amendment, if the house had it not in their power to postpone the whole subject. Amendment and commitment. The question for com- mitting, though last moved, shall be first put: because in truth it facilitates and befriends the motion to amend. Scobell is express. i On a motion to amend a bill, any one may notwithstanding move to commit it, and the question for commitment shall be first put.' Scob. 46. We have hitherto considered the case of two or more of the privileged questions contending for privilege be- tween themselves, when both were moved on the ori- ginal or M. Q. , but now let us suppose one of them to be moved, not on the original primary question, but on the secondary one, e. g. Suppose a motion to postpone, commit or amend the JM. Q. and that it be moved to suppress that motion by putting a previous question on it. This is not allowed; because it would embarrass questions too much to allow them to be piled on one another several stories high ; and the same result may be had in a more simple way, by deciding against the postponement, commitment, or amendment. 2 Hats. 81. 2, 3, 4, Suppose a motion for the previous question or com- mitment or amendment of the main question, and that it be then moved to postpone the motion for the previous question, or for commitment or amendment of the main 160 MANUAL. question, 1. It would be absurd to postpone the pre- vious question, commitment or amendment alone, and thus separate the appendage from its principal. Yet it must be postponed separately from its original, if at all: because the 8th rule of Senate says that when a main question is before the house no motion shall be receiv- ed but to commit, amend or pre-question the original question, which is the parliamentary doctrine also. Therefore the motion to postpone the secondary motion for the previous question, or for committing or amend- ing, cannot be received. 2. This is a piling of questions one on another, which, to avoid embarrassment, is not allowed. 3. The same result may be had more simply by voting against the previous question, commitment or amendment. Suppose a commitment moved of a motion for the previous question, or to postpone or amend. The 1st, 2d and 3d reasons before stated all hold good against •this. Suppose an amendment moved to a motion for the previous question. Answer. The previous question cannot be amended. Parliamentary usage, as well as the 9th rule of the Senate, has fixed its form to be 4 shall the main question be now put?' i. e. at this in- stant. And as the present instant is but one, it can ad- mit of no modification. To change it to to-morrow, or any other moment, is without example, and without utility. But suppose a motion to amend a motion for postponement, as to one day instead of another •• or to a special, instead of an indefinite time. The useful character of amendment gives it a privilege of attach- ing itself to a secondary and privileged motion. That is, we may amend a postponement of a main question. So we may amend a commitment of a main question, as by adding, for example, ' with instructions to inquire, &c.' In like manner, if an amendment be moved to an amendment, it is admitted. But it would not be ad* PRIVILEGED QUESTION^ 161 milted in another degree ; to wit, to amend an amend- ment to an amendment, of a M. Q. This would lead to too much embarrassment. The line must be drawn somewhere, and usage has drawn it after the amend- ment to the amendment. The same result must be sought by deciding against the amendment to the amendment, and then moving it again as it was wished to be amended. In this form it becomes only an amendment to an amendment. When motions are made for reference of the same subject to a select committee, and to a stand- ing commit tee , the question on reference to the stand- ing committee, shall be first put. Rule 35. In filing a blank with a sum, the largest sum shall be first put to the question by the 1 3th rule of the Senate * contrary to the rule of parliament, which pri- vileges the smallest sum and longest time. 5 Grey, 179. 2 Hats. 8. 83. 3 Hats. 132, 133. And this is con- sidered to be not in the form of an amendment to the question, but as alternative or successive originals. In all cases of time or number, we must consider whether the larger comprehends the lesser, as in a question to what day a postponement shall be, the number of a com- mittee, amount of a fine, term of an imprisonment, term of irredeemability of a loan, or the terminus in quiem, in any other case. Then the question must be- gin a maximo. Or whether the lesser includes the greater, as in questions on the limitation of the rate of interest, on what day the session shall be closed by ad- journment, on what day the next shall commence, when an act shall commence, or the terminus a quo in any other case, where the question must begin a minimo. The object being not to begin at that extreme, which, and more, being within every man's wish, no one could *In filling up blanks, the largest sum and longest time shall h% first put. Rule 13. 14* neg ir, and yet, if he should vote in the affirr question for more would be precluded; bu: that extreme which would unite ft .7, and then to ad- vance or recede till you get to a number which will te a bare majority. 3 Gtey. 376» 384, 185 The lair question in this case is not that to which and n: all will agree, but whether there shall be addition to the question/ 1 Grey, 365. Another exception to the rule of priority is when a motion has been made to strike out, or agree to a para- graph, s to amend it are to be put to the q tion before a vote is taken on striking out, or agreeing to the whole paragraph. But there are several questions, which, being inciden- y one ? will take p: :e, privile. or not ; to wit, a question of order arising out of any other question, must be decided before that question. Hats. 88. A matter of privilege arising out of any question, roin a quarrel bet members, or any other 5e, supersedes the consideration of the original ques- tion, and must be first sposed of. 2 Hats. 88. Reading papers relative to the question before the 'aouse. This question must be put before the principal one. 2 Bats. S3. Leave asked a motion. The rule of par- liament being that a motion made and seconde possession of the house, and cannot be withdrawn with- out leave, the very terms of the rule imply that leave may be given, and consequently may be asked and pui ion. Sic iXXT* THE PREVIOUS QUEST! en any question is before the ise, any member as question, i whether thai question THE PREVIOUS QUESTION. 163 (called the main question) shall now be put?' If it pass in the affirmative, then the main question is to be put immediately, and no man may speak any thing further to it, either to add or alter. Mentor, in Hakew. 28. 4 Grey, 21. The previous question being moved and seconded, the question from the chair shall be, < Shall the main question be now put?' and if the nays prevail, the main question shall not then be put. This kind of question is understood by Mr. Hatsell to have been introduced in 1604. 2 Hats. 80. Sir Henry Vane introduced it. 2 Grey, 113, 114. 3 Grey 384. When the question was put in this form, ' Shall the main question be put?' A determination in the ne- gative suppressed the main question during the session; but since the words ' now put' are used, they exclude it for the present only. Formerly indeed only till the present debate was over; 4 Grey, 43, but now for that day and no longer. 2 Grey, 113,114. Before the question ' Whether the mam question shall now be put?' any person might formerly have spoken to the main question, because otherwise he would be precluded from speaking to it at all. Mem. in Hakew. 28. The proper occasion for the previous question, is when a subject is brought forward of a delicate nature as to high personages, &c. or the discussion of which may call forth observations which might be of injurious consequences. Then the previous question is proposed; and, in the modern usage, the discussion of the main question is suspended, and the debate confined to the pre- vious question. The use of it has been extended abusive- ly to other cases : but in these it has been an embar- rassing procedure : its uses would be as well answer- ed by other more simple parliamentary forms, and therefore it should not be favored, but restricted within as narrow limits as possible. 1 6 | MANl'AL. Whether a main question may be amended after the previous question on it has been moved and second 2 Hats, $$. says, if the previous question has been moved and seconded, and also proposed from the chair. (by which he means stated by the Speaker for debate,) it has been doubted whether an amendment can be ad- mitted to the main question. He thinks it may. after the previous question moved and seconded; but not after it has been proposed from the chair. In this case, he thinks the friends to the amendment must vote that the main question be not now put; and then move their amended question, which being made new by the amendment, is no longer the same which has been just suppressed, and therefore may be proposed as a new one. But this pro- ceeding certainly endangers the main question, by di- viding its friends, some of whom may choose it unamend- ed, rather than lose it altogether: while others of them may vote, as Hatsell advises, that the main question be not now put. with a view to move it again in an amend- ed form. The enemies of the main question, by this manoeuvre to the previous question, get the enemies to the amendment added to them on the first vote, and throw the friends of the main question under the em- barrassment of rallying again as they can. To support his opinion, too, he makes the deciding circumstance, whether an amendment may or may not be made, to be, that the previous question has been proposed from the chair. But. as the rule is that the house is in possession of a question as soon as it is moved and seconded, it cannot be more than possessed of it by its being also proposed from the chair. It may be said, indeed, that the object of the previous question being to get rid of a question, which it is not expedient should be discussed, this object may be defeated by mo vine to amend, and, in the discussion of that motion, involving; the subject of the main question. But so may the object of the pre- vious question be defeated, by moving the amended AMENDMENTS. 165 question, as Mr. Hatsell proposes, after the decision against putting the original question. He acknowledges, too, that the practice has been to admit previous amend- ment, and only cites a few late instances to the contrary. On the whole, I should think it best to decide it ab in- con venienti, to wit: which is most inconvenient, to put it in the power of one side of the house to defeat a pro- position by hastily moving the previous question, and thus forcing the main question to be put unamended; or to put in the power of the other side to force on, inci- dentally at least, a discussion which would be better avoided? Perhaps the last is the least inconvenience; inasmuch as the speaker, by confining the discussion ri- gorously to the amendment only, may prevent their go- ing into the main question, and inasmuch also as so great a proportion of the cases in which the previous question is called for, are fair and proper subjects of public dis- cussion, and ought not to be obstructed by a formality introduced for questions of a peculiar character,, Sec. XXXV. AMENDMENTS. 0n an amendment being moved, a member who has spoken to the main question may speak again to the amendment. Scob. 23. If an amendment be proposed inconsistent with one already agreed to, it is a fit ground for its rejection by the house; but not within the competence of the speaker to suppress as if it were against order. For were he permitted to draw questions of consistence within the vortex of order, he might usurp a negative on important modifications, and suppress, instead of subserving, the legislative will. Amendments may be made so as totally to alter the nature of the proposition; and it is a way of getting rid 166 MAM'AL. of a proposition, by making it bear a sense different from what it was intended by the movers, so that they vote i: ntst it themselves. 2 ifr/te. 79. 4. Si. 84. A new bill may be ingrafted by way oi amendment on I words < Be it enacted. <$ce/l Grey, 190. 192. If it be proposed to amend by leaving out certain words, it may be moved ?s :n amendment to this amend- inent to le we : t a part of the words off the amendme which:- ~\.:r ?::t in the bill. 2 Bk 80,9. Tk = r:::aryq "ays. whether the words : - '. ih? When it is proposed to amend bv inserting a para- graph, or part of one, the ^ragraph may make it as perfect as they can by amendments, before the question is~ put for inserting it. If it be received, it cannot be amended afterwards, in the same stage: be- cause the house has, on a vc to it in that form. In like maimer, if it is proposed to imend by striking out a paragraph, the friends paragraph are first to make it as ey can by amendments, before the question is put for striking it out. If on the ques- tion it be retained, it cannot be amended afterwards: because a vote against striking out is equivalent to a vote agreeing to it in When it is moved to amend, by striking out certain ] inserting oth stating the question is drst to read the whole passage to be amend- ed as it stands at present, then the words proposed to be struck c si those to be inserted, ana the s.'ge as it will be when amended. And the question, if desired, is then to be divided, and put hrst on striking om, If - .. it is r ing the If that be lost, it may be moved to insert others. 2 Huts. SO. 7. A motion is made to amend by striking out certain words, and inserting others in theii rich is ne- gatived. Then it is moved to su rtthesai AMENDMENTS. 167 and to insert others of a tenor entirely different from those first proposed. It is negatived. Then it is moved to strike out the same words and insert nothing, which is agreed to. All this is admissible; because to strike out and insert A, is one proposition. To strike out and insert B, is a different proposition. And to strike out and insert nothing, is still different. And the rejection of one proposition does not preclude the offer- ing a different one. Nor would it change the case were the first motion divided by putting the question first on striking out, and that negatived. For as putting the whole motion to the question at once would not have precluded, the putting the half of it cannot do it. * But if it had been carried affirmatively to strike out the words and to insert A, it could not afterwards be permitted to strike out A, and insert B. The mover of B should have notified, while the insertion of A was under debate, that he would move to insert B. In which case those who preferred it would join in reject- ing A. After A is inserted, however, it may be moved to strike out a portion of the original paragraph, compre- hending A, provided the coherence to be struck out be so substantial as to make this effectively a different pro- position. For then it is resolved into the common case of striking out a paragraph after amending it. Nor does any thing forbid a new insertion, instead of A and its coherence. * In the case of a division of the question and a decision against striking out, I advance doubtingly the opinion here expressed. I find no authority either way; and I know it may be viewed under a different aspect. It may be thought that, having decided sepa- rately not to strike out the passage, the same question for striking out cannot be put over again, though with a view to a different in- sertion. Still I think it more reasonable and convenient to consi- der the striking out, and insertion, as forming one proposition; but should readily yield to any evidence that the contrary is the prac- tice in parliament. 168 MANUAL, In Senate, January 25, 1798, a motion to postpone until the second Tuesday in February some amend- ments proposed to the constitution ; the words " until the second Tuesday in February" were struck out by way of amendment. Then it was moved to add, u until the first day of June." Objected that it was not in or- der, as the question should be first put on the longest time; therefore, after a shorter time decided against, a longer cannot be put to question. It was answered that this rule takes place only in filling blanks for time. But when a specific time stands part of a motion, that may be struck out as well as any other part of the mo- tion; and when struck out, a motion maybe received to insert any other. In fact, it is not until they are struck out, and a blank for the time thereby produced, that the rule can begin to operate, by receiving all the pro- positions for different times, and putting the questions successively on the longest. Otherwise it would be in the power of the mover, by inserting originally a short time, to preclude the possibility of a longer. For till the short time is struck out, you cannot insert a longer; and if, after it is struck out, you cannot do it, then it cannot be done at all. Suppose the first motion had been to amend by striking out " the second Tuesday in February," and inserting instead thereof " the first of June. " It would have been regular, then, to divide the question, by proposing first the question to strike out, and then that to insert. Now this is precisely the effect of the present proceeding; only instead of one motion and two questions, there are two motions and two questions, to effect it; the motion being divided as well as the question. When the matter contained in two bills might be bet- ter put into one, the manner is to reject the one, and in- corporate its matter into another bill by way of amend- ment. So if the matter of one bill would be better dis- tributed into two, any part may be struck out by way DIVISION OP THE QUESTION. 169 of amendment, and put into a new bill. If a section is to be transposed, a question must be put on striking it out where it stands, and another for inserting it in the place desired. A bill passed by the one House with blanks. These may be filled up by the other by way of amendments, returned to the first, as such, and passed. 3 Hats. 83. The number prefixed to the section of a bill, being merely a marginal indication, and no part of the text of the bill, the clerk regulates that — the House or com- mittee is only to amend the text. Sec. XXXVI. DIVISION OF THE QUESTION. If a question contain more parts than one, it may be divided into two or more questions. Mem. in Hake-w. 29. But not as the right of an individual member, but with the consent of the House. For who is to decide whether a question is complicated or not? where it is com- plicated? into how many propositions it may be divided? The fact is, that the only mode of separating a com- plicated question is by moving amendments to it; and these must be decided by the House on a question: un- less the House orders it to be divided: as on the ques- tion Dec. 2, 1640, making void the election of the knights for Worcester, on a motion it was resolved to make two questions of it, to wit, one on each knight. 2 Hats. 85, 86. So wherever there are several names in a question, they may be divided and put one by one. 9 Grey, 444. So 1729, April 17, on an objection that a question was complicated, it was separated by amend- ment. 2 Hats. 19. The soundness of these observations will be evident from the embarrassments produced by the 12th rule of the Senate, which says, " if the question in debate contain several points, any member may have the same divided." 15 170 MANUAL. 1798, May 30, the alien bill in quasi-committee. To a section and proviso in the original, had been added two new provisoes by way of amendment. On a mo- tion to strike out the section as amended, the question was desired to be divided. To do this it must be put first on striking out either the former proviso, or some distinct member of the section. But when nothing re- mains but the last member of the section and the pro- visoes, they cannot be divided so as to put the last member to question by itself; for the provisoes might thus be left standing alone as exceptions to a rule when the rule is taken away; or the new provisoes might be left to a second question, after having been decided on once before at the same reading; which is contrary to rule. But the question must be on striking out the last member of the section as amended. This sweeps away the exceptions with the rule, and relieves from incon- sistence. A question to be divisible, must comprehend points so distinct and entire, that one of them being taken away, the other may stand entire. But a proviso or exception, without an enacting clause, does not con- tain an entire point or proposition. May 31. The same bill being before the Senate. There was a proviso that the bill should not extend, 1. To any foreign minister; nor 2. To any person to whom the president should give a passport; nor 3. To any aliftn merchant conforming himself to such regula- tions as the president shall prescribe; and a division of the question into its simplest elements was called for. It was divided into 4 parts, the 4th taking in the words •'conforming himself/ &e. It was objected that the words ' any alien merchant' could not be separated from their modifying words ' conforming/ &c. because these words, if left by themselves, contain no substan- tive idea, will make no sense. But admitting that the divisions of a paragraph into separate questions must be so made as that each part may stand by itself, yet the CO-EXISTING QUESTIONS. 171 house having, on the question, retained the two first divisions, the words 'any alien merchant' may be struck out, and their modifying words will then attach themselves to the preceding description of persons, and become a modification of that description. When a question is divided, after the question on the 1st number, the 2d is open to debate and amendment: because it is a known rule that a person may rise and speak at any time before the question has been com- pletely decided, by putting the negative as well as af- firmative side. But the question is not completely put when the vote has been taken on the first member only. One half of the question, both affirmative and negative, remains still to be put. See Execut. Journ. June 25, 1795. The same decision by President Adams* Sec. XXXVII. CO-EXISTING QUESTIONS. It may be asked whether the house can be in posses- sion of two motions or propositions at the same time? So that, one of them being decided, the other goes to question without being moved anew? The answer must be special. When a question is interrupted by a vote of adjournment, it is thereby removed from before the house, and does not stand ipso facto before them at their next meeting: but must come forward in the usu- al way. So, when it is interrupted by the order of the day. Such^ other privileged questions also as dispose of the main question, (e. g. the previous question, post- ponement or commitment) remove it from before the house. But it is only suspended by a motion to amend, to withdraw, to read papers, or by a question of order or privilege, and stands again before the house when these are decided. None but the class of privileged questions can be brought forward while there is another i/2 MANtfAL. question before the house, the rule being that when a motion has been made and seconded, no other can be received, except it be a privileged one. Sec. XXXVHI. equivalent questions. If, on a question for rejection, a bill be retained, it passes of course to its next reading. Hakeio. 141. Scob. 42. And a question for a second reading, deter- mined negatively, is a rejection without farther ques- tion. 4 Grey, 149. And see Elsynge's Memor. 42, in what cases questions are to be taken for rejection. Where questions are perfectly equivalent, so that the negative of the one amounts to the affirmative of the other, and leaves no other alternative, the decision of the one concludes necessarily the other. 4 Grey, 157. Thus the negative of striking out amounts to the affirmative of agreeing; and therefore to put a question on agreeing after that on striking out, would be to put the same ques- tion in effect twice over. Not so in questions of amend- ments between the two houses. A motion to recede being negatived, does not amount to a positive vote to insist, because there is another alternative, to wit, to adhere. A bill originating in one House, is passed by the other with an amendment. A motion in the originat- ing House to agree to the amendment is negatived. Does there result from this a vote of disagreement, or must the question on disagreement be expressly voted? The questions respecting amendments from another house are, 1st, To agree; 2d, disagree; 3d, recede; 4th, insist; 5th, adhere. 1st. To agree. > Either of these concludes the other 2d, To disagree. 3 necessarily, for the positive of either is exactly the equivalent of the ne- THE QUESTION. 173 3d. To recede. 4th. To insist. 5th. To adhere. gative of the other, and no other alternative remains. On either mo- tion amendments to the amendment may be proposed; e. g. if it be mov- ed to disagree, those who are for the amendment have a right to propose amendments, and to make it as per- fect as they can, before the question of disagreeing is put. You may then either insist or adhere. You may then either recede or adhere You may then either recede or insist. Consequently the negative of these is not equivalent to a positive vote, the other way. It does not raise so necessary an implication as may au- thorize the Secretary by inference to enter another vote: for two alterna- tives still remain, either of which may be adopted by the House. Sec. XXXIX. THE QUESTION. The question is to be put first on the affirmative, and then on the negative side. After the Speaker has put the affirmative part of the question, any member who has not spoken before to the question, may rise and speak before the negative be put. Because it is no full question till the negative part be put. Scab. 23. 2 Hats. 73. But in small matters, and which are of course, such as receivingpetitions,reports,withdrawingmotions,reading papers, &c. the Speaker most commonly supposes the_ consent of the House where no objection is expressed,, and does not give them the trouble of putting the quosr I'5* 174 MANUAL. tion formally Scob. 22. 2 Hats. 87. 2, 87. 5 Grey, 129. 9 Grey j 301. Sec. XL. BILLS, THIRD READING. To prevent bills from being passed by surprise, the House, by a standing order, directs that they shall not be put on their passage before a fixed hour, naming one at which the House is commenly full. Hakew. 153. The usage of the Senate is not to put bills on their passage till noon. A bill reported and passed to the third reading can- not on that day be read the third time and passed. Be- cause this would be to pass on two readings in the same day. At the third reading the clerk reads the bill and de- livers it to the speaker, who states the title, that it is the third time of reading the bill, and that the question will be whether it shall pass? Formerly the speaker, or those who prepared a bill, prepared also a breviate or summary statement of its contents, which the speak- er read when he declared the state of the bill, at the several readings. Sometimes, however, he read the bill itself, especially on its passage. Hakew. 136, 137. 153. Coke, 22. 115. Latterly, instead of this, he, at the third reading, states the whole contents of the bill verb- atim, only instead of reading the formal parts, * Be it enacted/ &c. he states that i the preamble recites so and so — the 1st section enacts that, &c. ; the 2d section enacts/ &c. But in the Senate of the United States, both of these formalities are dispensed with; the breviate presenting but an imperfect view of the bill, and be- ing capable of being made to present a false one: and the full statement being an useless tvaste of BILLS, THIRD READING. 175 time, immediately after a full reading by the clerk; and especially as every member has a printed copy in his hand. A bill on the third reading is not to be committed for the matter or body thereof; but to receive some parti- cular clause or proviso, it hath been sometimes suffered, but as a thing very unusual, Hakew. 156; thus, 27 El. 1584, a bill was committed on the third reading, having been formerly committed on the 2d, but is declared not usual. D'Ewes, 337. col. 2, 414. col. 2. When an essential provision has been omitted, rather than erase the bill, and render it suspicious, they add a clause on a separate paper, engrossed and called a ryder, which is read and put to the question three times. Elsynge's memorials, 59. 6 Grey, 335. 1 Blackst. 183. For examples of ryders, see 3 Hats. 121, 122. 124. 126. Every one is at liberty to bring in a ryder with- out asking leave. 10 Grey, 52. It is laid down as a general rule, that amendments pro- posed at the second reading shall be twice read, and those proposed at the third reading thrice read; as also all amendments from the other house. Town. col. 19. 23, 24, 25, 26, 21, 28. It is with great and almost invincible reluctance, that amendments are admitted at this reading, which occasion erasures or interlineations. Sometimes a proviso has been cut off from a bill; sometimes erased. 9 Grey, 513. This is the proper stage for filling up blanks; for if filled up before, and now altered by erasure, it would be peculiarly unsafe. At this reading the bill is debated afresh, and for the most part is more spoken to, at this time, than on any of the former readings. Hakew. 153. The debate on the question whether it should be read a third time? has discovered to its friends and opponents the arguments on which each side relies, and which of 176 MANUAL. these appear to have influence with the house; they have had time to meet them with new arguments, and to put their old ones into new shapes. The former vote has tried the strength of the first opinion, and furnished grounds to estimate the issue; and the question now of- fered for its passage, is the last occasion which is ever to be offered for carrying or rejecting it. When the debate is ended, the speaker, holding the bill in his hand, puts the question for its passage, by saying, < gentlemen, all you who are of opinion that this bill shall pass, say ay,' and after the answer of the ayes, 'all those of the contrary opinion say no.' — Hakew. 154. After the bill is passed, there can be no further alter- ation of it in any point Hakew. 159. Sec. XLI. DIVISION OF THE HOUSE. The affirmative and negative of the question having been both put and answered, the speaker declares whe- ther the yeas or nays have it by .the sound, if he be himself satisfied, and it stands as the judgment of the house. But if he be not himself satisfied which voice is the greater, or if, before any other member comes into the house, or before any new motion made, (for it is too late after that,) any member shall rise and declare himself dissatisfied with the speaker's decision, then the speaker is to divide the house. Seob. 24. 2 Hats. 140. When the House of Commons is divided, the one party goes forth, and the other remains in the House. This has made it important which go forth, and which remain; because the latter gain all the indolent, the in- different, and inattentive. Their general rule, therefore, is, that those who give their vote for the preservation of the orders of the House, shall stay in; and those who DIVISION OP THE HOUSE- 177 are for introducing any new matter or alteration, or pro- ceeding contrary to the established course, are to go out. But this rule is subject to many exceptions and modifications. 2 Hats. 134. 1 Rush. p. 3, fol. 92. Scob. 43. 52. Co. 12. 116. I)' Ewes, 505. col. 1. Mem. in Hakew. 25. 29. as will appear by the follow- ing statement of who go forth: Petition that it be received,* ? ^ Read, - Lie on the table, Rejected after refusal to lie on table, - Referred to a Committee, or far- £ r es. ther proceeding, 1 Bill, that it be brought in, Read first or second time, Engrossed or read third time, Proceeding on every other stage, Committed, - To Committee of the Whole, To a Select Committee, Report of bill to lie on table, Be now read, - Be taken into consideration three months hence, Amendments be read a second time, Clause offered on report of bill be read second time, For receiving a clause, With amendments be engrossed, That a bill be now read a third time, Receive a ryder, Pass, - Be printed, - [ Ayes. Noes. Ayes. Noes. Ayes. 30, P. J. 251 Noes. Ayes. 334. 395. Noes. 398. 260. Aves. 259. Noes. 9 Grev, 365. 178 MANUAL. ^Noes, 291 Ayes, 344. Noes. >Ayes. Committees. That A take the chair, To agree to the whole or any part of report, That the House do now resolve into Committee, Speaker. That he now leave the chair, after order to go into Committee, That he issue warrant for a new writ, - Member. That none be absent with- out leave, Witness. That he be further exa- mined, - Previous question, Blanks. That they be filled with the largest sum, Amendments. That words stand part of, - Lords. That their amendment be read a second time, - Messenger be received, Orders of day to be now read, if be- £ Ayes, fore 2 o'clock, - ) If after 2 o'clock, - Noes. Adjournment. Till the next sitting day, if before 4 o'clock, If after 4 o'clock, - Noes. Over a sitting day, (unless a pre- } A vious resolution,) - 5 ^ eSe Over the 30th of January, Noes. For sitting on Sunday, or any other > . day, not being a sitting day, 5 A ^ es ' The one party being gone forth, the speaker names two tellers from the affirmative, and two from the nega- tive side, who first count those sitting in the House, and report the number to the speaker. Then they I Noes, > Ayes. DIVISION OP THE HOUSE. 179 place themselves within the door, two on each side, and count those who went forth, as they come in, and re- port the number to the speaker. Mem. in Hakew. 26. A mistake in the report of the tellers may be recti- fied after the report made. 2 Hats. 145. note. But in both houses of Congress all these intricacies are avoided. The ayes Jirst rise and are counU ed, standing in their places, by the President or Speaker. Then they sit, and the noes rise and are counted in like manner. In Senate, if they be equally divided, the Vice- President announces his opinion, which decides. The Constitution, however, has directed that 'the yeas and nays of the members of either house on any question, shall, at the desire of one-fifth of those pre- sent, be entered on the Journal.' Jind again, that in all cases of re-considering a bill, disapproved by the President, and returned with his objections, ' the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the Journals of each house respectively .' By the 16th and 17 th rules of the Senate, when the yeas and nays shall be called for by one-fifth of the members present, each member called upon shall, un- less for special reasons he be excused by the Senate, declare, openly and without debate, his assent or dis- sent to the question. In taking the yeas and nays, and upon the call of the house, the names of the members shall be taken alphabetically. When the yeas and nays shall be taken upon any question, in pursuance of the above rule, no member shall be permitted, under any circumstances what- ever, to vote after the decision is announced from the Chair. When it is proposed to take the vote by yeas and nays, the President or Speaker states that ' the ques- 180 makil Hon is ithi ;-. g. the bill shall pass/ that it u p posed that the yeas and nays shall be entered on the Journal. Those, therefore, who desire it will rise.' If he finds and declares that one-fifth have risen, he then states that -thus- who are of opinion that the bill shall pass, are to answer in the affirmative: those of the contrary opinion in the negatived The clerk then calls ovc> ~ -.ernes alphabetically, notes the yea or 'nay of each, and gives the list to the Presi- dent or Spec- res the result. In Se- nate, if there be an equal divisions the Secretary calls on the Vice-President, and notes his affirmative or negative, which h ion of the house. In the House of Commons, every member must give - vote the one way or the other. Scob. 24. As it is not permitted to any one to withdraw who is in the ho en the question is put, nor is any one to be told in the division who was not in when the question was put 2 Bats. 140. This lai ::on is always true when the vote is by - id nays: where the negative as well as affirmative of the question is stated by the President at the Sc time, and the vote of both begins and proce pari passu. It is true also when the question is put in y. if the negative has also been put But if it has not, the member entering, or any other mem- ber, may - and even propose amendments, by ich the debate may be opened again, and the qu tion be greatly deferred. And as some who have an- ^red ay, may have been changed by the new argu- ments, the affirmative must be put over again. If, then, member entering may, by speaking a few words, a si on a repetition of the question, it would be use- less to deny it on his simple call for it While the House is telling, no member may speak, TITLE. 181 ed, it must be told again. Mem. in Hakew. 26. 2 Hats. 143. If any difficulty arises in point of order during the division, the speaker is to decide peremptorily, subject to the future censure of the House if irregular. He sometimes permits old experienced members to assist him with their advice, which they do, sitting in their seats, covered, to avoid the appearance of debate; but this can only be with the speaker's leave, else the di- vision might last several hours. 2 Hats. 143. The voice of the majority decides. For the lex ma- joris partis is the law of all councils, elections, &c, where not otherwise expressly provided. Hakew. 93. But if the House be equally divided, < semper presu- matur pro negante;' that is, the former law is not to be changed but by a majority. Towns, col. 134. But in the Senate of the United States, the Vice- President decides, when the House is divided. Const. U. S. I. 3. When, from counting the House, on a division, it appears that there is not a quorum, the matter continues exactly in the state in which it was before the division, and must be resumed at that point on any future day. 2 Hats. 126. 1606, May 1, on a question whether a member hav- ing said yea, may afterwards sit and change his opinion? a precedent was remembered by the speaker, of Mr. Morris, attorney of the wards in 39 Eliz. who in like case changed his opinion. Mem. in Hakew. 27. Sec. XLn. TITLE. After the bill has passed, and not before, the title, may be amended, and is to be fixed by a question; and the bill is then sent to the other house. 16 182 MANUAL. Sic. XLIIL RECONSIDERATION. When a question has been once made, and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsi- deration thereof: but no motion for the reconsider- ation of any vote shall be in order after a bill, reso- lution, message, report, amendment, or motion upon ivhich the vote was taken, shall have gone out of the possession of the Senate, announcing their decision; nor shall any motion for reconsideration be in order, unless made on the same day on which the vote was taken, or within the two next days of actual session of the Senate thereafter.* Rule 20. 1798, Jan. J2 bill on its second reading being amended, and on the question whether it shall be read a third time, negatived, was restored by a decision to reconsider that question. Here the votes of negative and reconsideration, like positive and negative quan- tities in equation, destroy one another, and are as if they were expunged from the Journals. Consequent- ly, the bill is open for amendment, just so far as it was the moment preceding the question for the third reading: that is to say, all parts of the bill are open for amendment, except those on which votes have been already taken in its present stage. So, also, it may be recommitted. t The rule permitting a reconsideration of a ques- tion, affixing to it no limitation of time or circum- stance, it may be asked whether there is no limita- tion? If, after the vote, the paper on which it is passed has been parted with, there can be no recon- sideration: as if a vote has been for the passage of a bill, and the bill has been sent to the other House* * This part of the Rule has been added since the Manual was compiled. f The Rule now fixes a limitation. RECONSIDERATION. 183 But where the paper remains, as on a bill rejected; when, or under what circumstances does it cease to be susceptible of reconsideration? This remains to be settled; unless a sense that the right of reconside- ration is a right to waste the time of the House in repeated agitations of the same question, so that it shall never know when a question is done with, should induce them to reform this anomalous proceeding. In parliament, a question once carried, cannot be questioned again, at the same session; but must stand as the judgment of the house. Toivns. col. 67. Mem. in Hakew. 33. And a bill once rejected, another of the same substance cannot be brought in again the same ses- sion. Hakew. 158. 6 Grey, 392. But this does not extend to prevent putting the same question in different stages of a bill; because every stage of a bill submits the whole and every part of it to the opinion of the house, as open for amendment, either by insertion or omission, though the same amendment has been accepted or re- jected in a former stage. So in reports of committees, e g. report of an address, the same question is before the house, and open for free discussion. Towns, col. 26. 2 Hats. 98. 100, 101. So orders of the house, or in- structions to committees, may be discharged. So a bill, begun in one house, sent to the other, and there reject- ed, may be renewed again in that other, passed and sent back. ib. 92. 3 Hats. 161. Or if, instead of being re- jected, they read it once and lay it aside, or amend it, and put it off a month, they may order in another to the same effect, with the same or a different title. Hakew. 97, 98. Divers expedients are used to correct the effects of this rule; as by passing an explanatory act, if any thing has been omitted or ill expressed, 3 Hats. 278, or an act to enforce, and make more effectual an act, &c. or to rectify mistakes in an act, &c. or a committee on one bill may be instructed to receive a clause to rectify the mis- 164 MARITAL. takes of another. Thus, June 24, 1685, a clause was inserted in a bill for rectifying a mistake committed by a clerk in engrossing a bill of supply. 2 Hats. 194, 6. Or the session may be closed for one, two, three, or more days, and a new one commenced. But then all matters depending must be finished, or they fall, and are to begin de novo. 2 Hats. 94. 98. Or a part of the subject may be taken up by another bill, or taken up in a different way. 6 Grey* 304. 316. And in cases of the last magnitude, this rule has not been so strictly and verbally observed as to stop indispensable proceedings altogether. 2 Hats. 92. 98. Thus when the address on the preliminaries of peace in 17S2 had been lost by a majority of one, on account of the importance of the question, and smallness of the majority, the same question, in substance, though with some words not in the first, and which might change the opinion of some members, was brought on again and carried; as the motives for it were thought to outweigh the objection of form. 2 Hats. 99, 100. A second bill may be passed to continue an act of the same session; or to enlarge the time limited for its execution. 2 Hats. 95. 98. This is not in contradic- tion to the first act. Sec. XLIV. BILLS SEXT TO THE OTHER HOUSE, All bills passed in Senate* shall, before they are sent to the House of Representatives, be examined by a committee, consisting of three members, whose duty it shall be to examine all bills, amendments, resolutions, or motions, before they go out of the possession of the Senate, and to make report that they are correctly engrossed; which report shall be entered on the Journal. Rule 33, AMENDMENTS BETWEEN THE TWO HO0SES. 185 A bill from the other House is sometimes ordered to lie on the table. 2 Hats. 97. When bills, passed in one House and sent to the other, are grounded on special facts requiring proof, it is usual, either by message, or at a conference, to ask the grounds and evidence; and this evidence, whe- ther arising out of papers, or from the examination of witnesses, is immediately communicated. 3 Hats. 48, Sec. XLV. AMENDMENTS BETWEEN THE HOUSES. When either House, e. g. the House of Commons, send a bill to the other, the other may pass it with amendments. The regular progression in this case, is, that the commons disagree to the amendment; the lords insist on it; the commons insist on their disagreement; the lords adhere to their amendment; the commons ad- here to their disagreement. The term of insisting may be repeated as often as they choose to keep the ques- tion open. But the first adherence by either renders it necessary for the other to recede or adhere also; when the matter is usually suffered to fall. 10 Grey, 148. Latterly, however, there are instances of their having gone to a second adherence. There must be an abso- lute conclusion of the subject somewhere, or otherwise transactions between the Houses would become endless. 3 Hats. 268. 270. The term of insisting, we are told by Sir John Trevor, was then [1679] newly introduced into parliamentary usage, by the lords. 7 Grey, 94. It was certainly a happy innovation, as it multiplies the opportunities of trying modifications which may bring the Houses to a concurrence. Either House, however, is free to pass over the term of insisting, and to adhere in the first instance. 10 Grey, 148. But it is not re- spectful to the other. In the ordinary parliamentary 16* 186 MANUAL. course, there are two free conferences at least before an adherence. 10 Grey, 147. Either House may recede from its amendment and agree to the bill; or recede from their disagreement to the amendment, and agree to the same absolutely, or with an amendment. For here the disagreement and receding destroy one another, and the subject stands as before the disagreement. Elsynge, 23. 27. 9 Grey f 476. But the House cannot recede from, or insist on its own amendment, with an amendment: for the same reason that it cannot send to the other House an amend- ment to its own act after it has passed the act. They may modify an amendment from the other House by ingrafting an amendment on it, because they have never assented to it; but they cannot amend their own amend- ment, because they have, on the question, passed it in that form. 9 Grey, 363. 10 Grey, 240. In Senate, March 29, 1798. Nor where one House has adhered to their amendment, and the other agrees with an amend- ment, can the first House depart from the form which •they have fixed by an adherence. In the case of a money bill, the lords proposed amend- ments become, by delay, confessedly necessary. The commons however refused them, as infringing on their privilege as to money bills; but they offered themselves to add to the bill a proviso to the same effect, which had no coherence with the lords amendments; and urged that it was an expedient warranted by precedent, and not unparliamentary in a case become impractica- ble, and irremediable in any other way. 3 Hats* 256. 266. 270, 271. But tlie lords refused, and the bill was lost. 1 Chand. 288, A like case, 1 Chand. 311. So the commons resolve that it is unparliamentary to strike out at a conference any thing in a bill which hath been agreed and passed by both Houses. 6 Grey, 274. £ Chand. 312, CONFERENCES. 187 A motion to amend an amendment from the other House, takes precedence of a motion to agree or dis- agree. A bill originating in one House is passed by the other with an amendment. The originating House agrees to their amendment with an amendment. The other may agree to their amendment with an amendment; that being only in the 2d and not the 3d degree. For, as to the amending House, the first amendment with which they passed the bill, is a part of its text; it is the only text they have agreed to. The amendment to that text by the origi- nating House, therefore, is only in the 1st degree, and the amendment to that again by the amending House is only in the 2d, to wit, an amendment to an amend- ment, and so admissible. Just so, when, on a bill from the originating House, the other, at its 2d reading, makes an amendment; on the 3d reading this amend- ment is become the text of the bill, and if an amend- ment to it be moved, an amendment to that amendment may also be moved, as being only in the 2d degree. Sec. XLVI. CONFERENCES. It is on the occasion of amendments between the Houses that conferences are usually asked: but they may be asked in all cases of difference of opinion be- tween the two Houses on matters depending between them. The request of a conference, however, must al- ways be by the House which is possessed of the papers. 3 Hats. 31. 1 Grey, 425. Conferences may be either simple or free. At a con- ference simply, written reasons are prepared by the House asking it, and they are read and delivered with- out debate to the managers of the other House at the 1SS MANUAL* eonference; but are not then to be answered. 4 Grey, 144. The other House then, if satisfied, vote the rea- sons satisfactory, or say nothing: if not satisfied, they resolve them not satisfactory, and ask a conference on the subject of the last conference, where they read and deliver in like manner written answers to those reasons. 3 Grey, 183. They are meant chiefly to record the justification of each house to the nation at large, and to posterity, and in proof that the miscarriage of a neces- sary measure is not imputable to them. 3 Grey, 255. At free conferences, the managers discuss, viva voce and freely, and interchange propositions for such modifica- tions as may be made in a parliamentary way, and may bring the sense of the two Houses together. And each party reports in writing to their respective Houses, the substance of what is said on both sides, and it is entered in their journals. 9 Grey, 220. 3 Hats. 280. This re- port cannot be amended or altered, as that of a commit- tee may be. Journ. Senate, May 24, 1796. A conference may be asked, before the House asking it has come to a resolution of disagreement, insisting; or adhering. 3 Hats. 269. 341. In which case the^pa- pers are not left with the other conferees, but are brought back to be the foundation of the vote to be given. And this is the most reasonable and respectful proceeding. For, 'as was urged by the lords on a par- ticular occasion, ' it is held vain, and below the wis- dom of parliament, to reason or argue against fixed reso- lutions, and upon terms of impossibility to persuade/ 3 Hats. 226. So the commons say, < an adherence is , never delivered at a free conference, which im- plies debate/ 10 Grey, 147. And on another occasion the lords made it an objection that the commons had asked a free conference after they had made reso- lutions of adhering. It was then affirmed, how- ever, on the part of the commons, that nothing was more parliamentary than to proceed with free confer- ences after adhering, 3 Hats. 269, and we do in fact see CONFERENCES. 189 instances of conference, or of free conference, asked af- ter the resolution of disagreeing. 3 Hats. 251. 253. 260* 286. 291. 316. 349. of insisting, ib. 280. 296. 299. 319. 322. 355; of adhering, 269, 270. 283. 300, and even of a second or final adherence. 3 Hats. 270. And in all cases of conference asked after a vote of dis- agreement, &c. the conferees of the House asking it, are to leave the papers with the conferees of the other: and in one case where they refused to receive them, they were left on the table in the conference chamber, ib. 271. 317.323. 354. 10 Grey, 146. After a free conference, the usage is to proceed with free conferences, and not to return again to a conference. 3 Hats. 270. 9 Grey, 229. After a conference denied, a free conference may be asked. 1 Grey, 45. When a conference is asked, the subject of it must "be expressed, or the conference not agreed to; Ord. H. Com. 89. 1 Grey, 425. 7 Grey, 31. They are some- times asked to inquire concerning an offence or default of a member of the other House. 6 Grey, 181. 1 Chand. 304. Or the failure of the other House to pre- sent to the King a bill passed by both Houses, 8 Grey, 302. Or on information received, and relating to the safety of the nation, 10 Grey, 171. Or when the me- thods of parliament are thought by the one House to have been departed from by the other, a conference is asked to come to a right understanding thereon. 10 Grey, 148. So when an unparliamentary message has been sent, instead of answering it, they ask a confer- ence. 3 Grey, 155. Formerly an address or articles of impeachment, or a bill with amendments, or a vote of the House, or concurrence in a vote, or a message from the King, were sometimes communicated by way of conference. 6 Grey, 128. 300. 387. 7 Grey, 80/ 8 Grey, 210, 255. 1 Torbuck's Deb. 278. 10 Grey, 293. 1 Chandler, 49, 287. But this is not the mo- dern practice, S Grey, 255. 190 MANUAL. A conference has been asked after the first reading of a bill. 1 Grey, 194. This is a singular instance. Sec. XLVII. MESSAGES. Messages between the houses are to be sent only while both houses are sitting. 3 Hats. 15. They are re- ceived during a debate, without adjourning the debate. 3 Hats. 22. In Senate the messengers are introduced in any state of business, except, 1. White a question is put- ting. 2. While the yeas and nays are calling. 3. While the ballots are counting. Ride 46. The first case is short: the second and third are cases where any interruption might occasion errors difficult to be cor- rected. So arranged, June 15, 179S. In the House of Representatives, as in parliament, if the house be in committee when a messenger attends, the speaker takes the chair to receive the message, and then quits it to return into committee, without any question or interruption. 4 Grey, 226. Messengers are not saluted by the members, but by the speaker for the house. 2 Grey, 253. 274. If messengers commit an error in delivering their message, they may be admitted, or called in to correct their message. 4 Grey, 41. Accordingly, March 13, 1800, the Senate having made two amendments to a bill from the House of Representatives, their secretary, by ^mistake, delivered one only; which being inadmis- sible by itself, that house disagreed, and notified the Senate of their disagreement. This produced a disco- very of the mistake. The secretarv was sent to the other house to correct his mistake, the correction was received, and the two amendments acted on de novo. As soon as the messenger, who has brought bills from the other house, has retired, the sneaker holds the MESSAGES. 191 bills in his hand, and acquaints the house * that the other house have by their messenger sent certain bills/ and then reads their titles, and delivers them to the clerk, to be safely kept, till they shall be called for to be read. Hakew. 178. It is not the usage for one house to inform the other by what numbers a bill has past. 10 Grey, 150. Yet they have sometimes recommended a bill, as of great importance, to the consideration of the house to which it is sent. 3 Hats. 25. Nor when they have rejected a bill from the other house, do they give notice of it; but it passes sub silentio, to prevent unbecoming alter- cations. 1 Blackst. 183. But in Congress the rejection is notified by mes- sage to the house in which the bill originated. A question is never asked by the one house of the other by way of message, but only at a conference; for this is an interrogatory, not a message. 3 Grey, 151. 181. When a bill is sent by one house to the other, and is neglected, they may send a message to remind them of it. 3 Hats. 25. 5 Grey, 154. But if it be mere in- attention, it is better to have it done informally, by com- munications between the speakers, or members of the two houses. Where the subject of a message is of a nature that it can properly be communicated to both houses of par- liament, it is expected that this communication should be made to both on the same day. But where a message was accompanied with an original declaration, signed by the party to which the message referred, its being sent to one house, was not noticed by the other, because the declaration, being original, could not possibly be sent to both houses at the same time. 2 Hats. 260, 261, 262. The king, having sent original letters to the com- mons, afterwards desires they may be returned, that he may communicate them to the lords. 1 Chandler, 303. 192 MANUAL. Sec. XL VIII. ASSENT. The house which has received a bill and passed it may present it for the king's assent, and ought to do it, though they have not by message notified to the other their passage of it. Yet the notifying by message is a form which ought to be observed between the two houses from motives of respect and good understanding. 2 Hats. 242. Were the bill to be withheld from being- presented to the king, it would be an infringement of the rules of parliament, ib. When a bill has passed both Houses of Congress, the House last acting on it, notifies its passage to the other, and delivers the bill to the Joint Commit- tee of Enrollment, who see that it is truly enrolled in parchment. When the bill is enrolled, it is not to be written in paragraphs, but solidly, and all of a piece, that the blanks between the paragraphs may not give room for forgery. 9 Grey, 143. It is then put into the hands of the Clerk of the House of Representatives to have it signed by the Speaker. The Clerk then brings it by way of message to the Senate to be sign- ed by their President. The Secretary of the Senate returns it to the Committee of Enrollment, who pre- sent it to the President of the United States. If he approve, he signs, and deposits it among the rolls in the office of the Secretary of Slate, and notifies by message the House in which it originated that he has approved and signed it; of which that House informs the other by message. If the President disapproves he is to return it, with his objections, to that House hi which it shall have originated; who are to enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two- thirds of that House shall agree to pass the bill, it shall be sent, together with the President's objections, to the other House, by which it shall likewise be re- JOURNALS. 193 considered, and if approved by two-thirds of that House, it shall become a laiv> If any bill shall not be returned by the President within ten days (Sun- days excepted,) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjourn- ment, prevent its return; in which case it shall not be a law. Const. U. S I. 7. Every order, resolution, or vote, to which the con- currence of the Senate and House of Representatives may be necessary, (except on a question of adjourn- ment,) shall be presented to the President of the United States, and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill* Const. U. S. I. 7. Sec. XLIX. JOURNALS. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy . Const. I. 5. The proceedings of the Senate, tvhen not acting as in a Committee of the Wliole, shall be entered on the journals, as concisely as possible, care being taken to detail a true account of the proceedings. Every vote of the Senate shall be entered on the jour- nals, and a brief statement of the contents of each petition, memorial, or paper presented to the Senate, be also inserted on the journal. Rule 32. The titles of bills, and such parts thereof only, as 17 194 MANUAL, shall be affected by proposed amendments, shall be inserted on the journals. Rule 31. If a question is interrupted by a vote to adjourn, or to proceed to the orders of the day, the original question is never printed in the journal, it never having been a vote, nor introductory to any vote: but when suppress- ed by the previous question, the first question must be stated, in order to introduce and make intelligible the second. 2 Hats. S3. So also when a question is postponed, adjourned, or laid on the table, the original question, though not yet a vote, must be expressed in the journals; because it makes part of the vote of postponement, adjourning, or laying it on the table. Where amendments are made to a question, those amendments are not printed in the journals, separated from the question; but only the question as finally agreed to by the House. The rule of entering in the journals only what the House has agreed to, is founded in great prudence and good sense; as there may be many questions proposed which it may be improper to pub- lish to the world, in the form in which they are made. 2 Hats. 85. In both Houses of Congress, all questions whereon the yeas and nays are desired by one-fifth of the mem- bers present, whether decided affirmatively or nega- tively, must be entered in the journals. Const. I. 5. The first order for printing the votes of the House of Commons, was October 30, 1685. 1 Chandler, 387. Some judges have been of opinion that the journals of the House of Commons are no records, but only re- membrances. But this is not law. Hob. 110, 111. Lex. Pari. 114, 115. Jour. H. C. Mar. 17, 1592. Hale. Pari. 105. For the Lords in their House have power of judicature, the Commons in their House have power of judicature, and both Houses together have power of judicature; and the book of the Clerk of the House of ADJOURNMENT. 195 • - Commons is a record, as is affirmed by act of Pari. 6 H 8. c. 16. 4 List. 23, 24. and every member of the House of Commons hath a judicial place. 4 Inst. 15. As records they are open to every person, and a printed vote of either House is sufficient ground for the other to notice it. Either may appoint a Committee to in- spect the journals of the other, and report what has been done by the other in any particular case. 2 Hats. 261. 3 Hats. 21 — 30. Every member* has a right to see the journals, and to take and publish votes from them. Being a record, every one may see and publish them. 6 Grey, 118, 119. On information of a mis-entry or omission of an en- try in the journal, a Committee may be appointed to examine and rectify it, and report it to the House. 2 Hats. 194, 5. Sec. L. ADJOURNMENT. The two Houses of Parliament have the sole, sepa- rate, and independent power of adjourning each their respective Houses. The king has no authority to ad- journ them; he can only signify his desire, and it is in the wisdom and prudence of either House to comply' with his requisition, or not, as they see fitting. 2 Hats. 232. 1 Blackstone, 186. 5 Grey, 122. By the Constitution of the United States a smaller number than a majority may adjourn from day to day. I. 5. But ' neither House, daring the session of Congress, shall, without the consent of the other, ad- journ for 7nore than three days, nor to any other place than that in ivhich the two Houses shall be sit- ting.' I. 5. And in case of disagreement, between them, with respect to the time of adjournment, the President may adjourn the?n to such time as he shall think proper. Const. II. 3. 1 9& MANUAL. A motion to adjourn, simply, cannot be amended as by adding t to a particular day/ But must be put sim- ply i that this House do now adjourn?' and if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolution, ' that at its rising it will adjourn to a particular day/ and then the House is adjourned to that day. 2 Hats. 82. Where it is convenient that the business of the House be suspended for a short time, as for a conference pre* gently to be held, &c, it adjourns during pleasure, 2 Hats. 305. Or for a quarter of an hour. 5 Grey, 331. If a question be put for adjournment, it is no adjourn- ment till the Speaker pronounces it. 5 Grey, 137. And from courtesy and respect, no member leaves his place till the Speaker has past on. Sec. LI. A SESSION. Parliament have three modes of separation, to witr by adjournment, by prorogation, or dissolution by the king, or by the efflux of the term for which they were elected. Prorogation or dissolution constitutes there what is called a session; provided some act has passed. In this case all matters depending before them are dis- continued, and at their next meeting are to be taken up de novo, if taken up at all. 1 Blackst. 186. Adjourn- ment, which is by themselves, is no more than a con- tinuance of the session from one day to another, or for a fortnight, a month, &c. ad libitum. All matters de- pending remain in statu quo, and when they meet again, be the term ever so distant, are resumed without any fresh commencement, at the point at which they were left. 1 Lev. 165. Lex. Pari. c. 2. 1 Eo. Rep. 29. 4 Inst. 7. 27, 28. Hutt. 61. 1 Mod. 252. Ruffh. Jac. X. Diet. Parliament. I Blackst. 186. Their whole A SESSION.' 197 session is considered in law but as one day, and has re- lation to the first day thereof. Bro. Jlbr. Parliament, 86. Committees may be appointed to sit during a recess by adjournment, but not by prorogation. 5 Grey, 374. 9 Grey, 350. 1 Chandler, 50. Neither house can con- tinue any portion of itself in any parliamentary func- tion, beyond the end of the session, without the consent of the other two branches. When done, it is by a bill constituting them commissioners for the particular pur- pose. Congress separate in two ways only, to wit, by adjournment, or dissolution by the efflux of their time* What then constitutes a session with them? ift dissolution certainly closes one session, and the meeting of the new Congress begins another. The Constitution authorizes the President, i on extraor- dinary occasions, to convene both Houses, or either of them. ' I. 3. If convened by the President 9 s pro- clamation, this must begin a new session, and of course determine the preceding one to have been a session. So if it meets under the clause of the Con- stitution, which says, 'the Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.'' I. 4. This must be- gin a new session. For even if the last adjournment id as to this day, the act of adjournment is merged in the higher authority of the Constitution, and the meeting will be under that, and ?iot under their ad- journment. So far toe have fixed land marks for determining sessions. In other cases it is declared by the joint vote authorizing the President of the Se- nate and the Speaker to close the session on a fixed day, which is usually in the following form : ' Re- solved, by the Senate and House of Representatives, that the President of the Senate and the Speaker of 17* 198 MANUAL, the House of Representatives be authorized to close the present session by adjourning their respective Houses on the — day of — j When it was said above that all matters depending before Parliament were discontinued by the determi- nation of the session, it was not meant for judiciary cases, depending before the House of Lords, such as impeachments, appeals, and writs of error. These stand continued, of course, to the next session. Raym. 120. 381. Ruffh. Jac. L. D. Parliament. Impeachments stand in like manner, continued before the Senate of the United States. Sec. LII. TREATIES. The President of the United States has power, by and icith the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur. Const. U. S. II. 2. Resolved, that all confidential communications, made by the President of the United States to the Senate, shall be, by the members thereof, kept secret; and that all treaties, which may hereafter be laid before the Senate, shall also be kept secret; until the Senate shall, by their resolution, take off the injunc- tion of secrecy. Rule 38. Treaties are legislative acts. A treaty is the law of the land. It differs from other laws only as it must have the consent of a foreign nation, being but a con- tract with respect to that nation. In all countries, I believe, except England, treaties are made by the le- gislative power: and there also, if they touch the laws of the land, they must be approved by Parliament. Waretfc Hylton. 3 Dallas Rep. 223. It is acknow- ledged, for instance, that the Xing of Great Britain TREATIES. 19& cannot, by a treaty, make a citizen of an alien. Vat- tel, b. I.e. 19. sec. 214. An act of Parliament was necessary to validate the American treaty of 1783 And abundant examples of such acts can be cited. In the case of the treaty of Utrecht, in 1712, the com- mercial articles required the concurrence of Parliament. But a bill brought in for that purpose was rejected. France, the other contracting party, suffered these arti- cles, in practice, to be not insisted on, and adhered to the rest of the treaty. 4 RussePs Hist. Mod. Eu- rope, 457. 2 Smollet, 242. 246. By the Constitution of the United States, this de- partment of legislation is confided to two branches only of the ordinary legislature; the President origi- nating, and the Senate having a negative. To what subjects this power extends, has not been defined in detail by the Constitution; nor are we entirely agreed among ourselves. 1. It is admitted that it must concern the foreign nation, party to the contract, or it would be a mere nullity, res inter alios acta. 2. By the general power to make treaties, the Constitu- tion must have intended to comprehend only those sub jects which are usually regulated by treaty, and can- not be othenvise regulated. 3. 7/ must have meant to except out of these the rights reserved to the States; for surely the President and Senate cannot do by treaty what the whole Government is interdicted from doing in any ivay. 4. And also to except those subjects of legislation in which it gave a parti- cipation to the House of Representatives. This last exception is denied by some, on the ground that it would leave very little matter for the treaty power to work on. The less the better, say others. The Con- stitution thought it wise to restrain the executive and Senate from entangling and embroiling our affairs with those of Europe. Besides, as the negotiations are carried on by the executive alone, the subjecting to 200 MANUAL. the ratification of the representatives such articles as are within their participation, is no more inconveni- ent than to the Senate. But the ground of this ex- ception is denied as unfounded. For examine, e. g. the treaty of commerce with France, and it will be found that, out of 31 articles, there are not more than small portions of two or three of them ivhich would not still remain as subjects of treaties, un- touched by these exceptions. Treaties being declared, equally with the laws of the United States, to be the supreme law of the land, it is understood that an act of the legislature alone can declare them infringed and rescinded. This was accordingly the process adopted in the case of France in 1798. It has been the usage for the executive, ivhen it communicates a treaty to the Senate for their ratifi- cation, to communicate also the correspondence of the negotiators. This having been omitted in the case of the Prussian treaty, was asked by a vote of the House, of Feb. 12, 1800, and teas obtained, And in Bee. 1800, the convention of that year betiveen the United States and France, ivith the report of the negotiations by the envoys, but not their instructions, being laid before the Senate, the instructions ivere asked for and communicated by the President. The mode of voting on questions of ratification is by nominal call. Whenever a treaty shall be laid before the Senate for ratification, it shall be read a first time for in- formation only ; when no motion to reject, ratify, or modify the whole, or any part, shall be received. Its second reading shall be for consideration, and on a subsequent day, when it shall be taken up as in a committee of the whole, and every one shall be free to move a question on any particular article, in this form, " Will the Senate advise and consent TREATIES. 201 to the ratification of this article?" or to propose amendments thereto, either by inserting or by leav- ing out words, in which last case the question shall be, < Shall the words stand part of the article?' And in every of the said cases, the concurrence of two- thirds of the Senators present shall be requisite to de- cide affirmatively. And, when through the whole, the proceedings shall be stated to the House, and questions be again severally put thereon for confirm- ation, or neiv ones proposed requiring in like man- ner a concurrence of two-thirds for whatever is re- tained or inserted. The votes so confirmed shall, by the House, or a committee thereof, be reduced into the form of a ratification, with or without modifications, as ??iay have been decided, and shall be proposed on a subse- quent day, when every one shall again be free to move amendments, either by inserting or leaving out words; in which last case the question shall be, ' Shall the words stand part of the resolution?' And in both eases the concurrence of two -thirds shall be requisite to carry the affirmative; as well as on the fined ques- tion to advise and consent to the ratification in the form agreed to. Rule 37. When any question may have been decided by the Senate, in which two-thirds of the members present are necessary to carry the affirmative, any member who voted on that side which prevailed in the question, may be at liberty to move for a recon- sideration ; and a motion for reconsideration shall be decided by a majority of votes. Rule 44. 2G9 MANUAL. SEC. Lffl. IMPEACHMENT. The House of Representatives shall have the sole power of impeachment. Const. U. S. I. 3. The Senate shall have the sole power to try all im- peachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend farther than to removal from office, and disqualifi- cation to hold and enjoy any office of honor, trust, or profit under the United States. But the party convicted shall nevertheless be liable and subject to in- dictment, trial, judgment and punishment, accord- ing to law. Cons. I. 3. The President, Vice-President, and all civil officers t>f the United Slates, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Const. II. 4. The trial of crimes, except in cases of impeach- ment, shall be by jury. Const. Ill 2. These are the provisions of the Constitution of the United States on the subject of impeachments. The following is a sketch of some of the principles and practicesof England on the same subject. Jurisdiction. The lords cannot 'impeach any to themselves, nor join in the accusation, because they are the judges. Selcl. Judic. in Pari. 12. 63. Nor can they proceed against a commoner but on complaint of the Commons. Id. 84. The lords may not, by the law, try a commoner for g capital offence, on the in- formation of the king or r private person; because the accused is entitled to a trial by his peers generallv: but m IMPEACHMENT. 203 on accusation by the House of Commons, they may proceed against the delinquent, of whatsoever degree, and whatsoever be the nature of the offence; for there they do not assume to themselves trial at common law. The Commons are then instead of a jury, and the judg- ment is given on their demand, which is instead of a verdict. So the lords do only judge, but not try the delinquent. Id. 6, 7. But Wooddeson denies that a commoner can now be charged capitally before the lords, even by the Commons; and cites Fitzharris's case, 1681, impeached of high treason, where the lords remitted the prosecution to the inferior court. 8 Grey's Deb. 325—7. 2 Wooddeson, 601. 576. 3. Seld. 1610. 1619. 1641. 4. Blackst. 257. 3 Seld. 1604. 1618. 9. 1656. Accusation. The Commons, as the grand inquest of the nation, become suitors for penal justice. 2 fVoodd. 597. 6 Grey, 356. The general course is to pass a resolution containing a criminal charge against the supposed delinquent, and then to direct some mem- ber to impeach him by oral accusation, at the bar of the House of Lords, in the name of the Commons. The person signifies that the articles will be exhibited, and desires that the delinquent may be sequestered from his seat, or be committed, or that the peers will take order for his appearance. Sachev. Trial. 325. 2 Wood. 702. 605. Lords' Journ. 3 June, 1701. 1 Wms. 616. 6 Grey, 324. Process. If the party do not appear, proclamations are to be issued, giving him a day to appear. On their return they are strictly examined. If any error be found in them, a new proclamation issues, giving a short day. If he appear not, his goods may be arrest- ed, and they may proceed. Seld. Jud. 98, 99. Articles. The accusation (articles) of the Com- mons is substituted in place of an indictment. Thus, by the usage of Parliament, in impeachment for writ- 204 MANUAL. ing or speaking, the particular words need not be spe- cified. Sack. Tr. 325. 2 Wood, 602. 605. Lords' Journ. 3 June, 1701. 1 Wins. 616. Appearance. If he appears, and the case be capital, he answers in custody: though not if the accusation be general. He is not to be committed but on special ac- cusations. If it be for a misdemeanor only, he an- swers, a lord in his place, a commoner at the bar, and not in custody, unless, on the answer, the lords find cause to commit him, till he find sureties to attend, and lest he should fly. Seld. Jud. 98, 99. A copy of the articles is given him, and a day fixed for his answer. T. Ray. 1 Rushio. 26S. Fost. 232. 1 Clar. Hist, of the Reb. 379. On a misdemeanor, his appearance may be in person, or he may answer in writing, or by attorney. Seld. Jud. 100. The general rule on an ac- cusation for a misdemeanor, is, that in such a state of li- berty or restraint as the party is when the commons complain of him, in such he is to answer. Id. 101. If previously committed by the Commons, he answers as a prisoner. But this may be called in some sort judici- um parium suorum. lb. In misdemeanors the party has a right to counsel by the common law, but not in capital cases. Seld. Jud. 102 — 5. Answer. The answer need not observe great strict- ness of form. He may plead guilty, as to part, and defend as to the residue ; or, saving all exceptions, deny the whole, or give a particular answer to each arti- cle separately. 1 Rush. 214. 2 Rush. 1374. 12 Pari. Hist. 442. 3 Lords 7 Journ. 13 Nov. 1643. 2 Wood. 607. But he cannot plead a pardon in bar to the impeachment. 2 Wood. 615. 2 St. Tr. 735. Replication, Rejoinder, &c. There may be a repli- cation, rejoinder, &c. Sel. Jud. 114. 8 Grey's Deb. 233. Sach. Tr. 15. Jour. H. of Commons, § March, 1640, L IMPEACHMENT. 205 Witnesses. The practice is to swear the witnesses in open house, and then examine them there: or a com- mittee may be named, who shall examine them in com- mittee, either on interrogatories agreed on in the house, or such as the committee in their discretion shall de- mand. Seld. Jud. 120. 123. Jury- In the case of Alice Pierce, 1 R. 2. a jury was empannelled for her trial before a committee. Seld. Jud. 123. But this was on a complaint, not on im- peachm0nt by the Commons. Seld. Jud. 163. It must alsb have been for a misdemeanor only, as the lords spiritual sat in the case, which they do on misde- meanors, but not in capital cases. Id. 148. The judg- ment was a forfeiture of all her lands and goods. Id. 188. This, Selden says, is the only jury he finds recorded in Parliament for misdemeanors: but he makes no doubt, if the delinquent doth put himself on the trial of his country, a jury ought to be empannelled, and he adds that it is not so on impeachment by the Commons; for they are in loco proprio, and there no jury ought to be empannelled. Id. 124. The Ld. Berkeley, 6 E. 3. was arraigned for the murder of L. 2. on an informa- tion on the part of the king, and not on impeachment of the Commons; for then they had been patria sua. He waived his peerage, and was tried by a jury of Gloucestershire and Warwickshire. Id. 125. In 1 H. 7. the Commons protest that they are not to be con- sidered as parties to any judgment given, or hereafter to be given in Parliament. Id. 133. They have been generally, and more justly considered, as is before stated, as the grand jury. For the conceit of Selden is certainly not accurate, that they are the patria sua of the accused, and that the lords do only judge, but not try. It is undeniable that they do try. For they examine witnesses as to the facts, and acquit or con- demn, according to their own belief of them. And lord Hale says, ' the peers are judges of law as well as 18 206 MANUAL. of fact'.' 2 Hale, P. C. 275. Consequently of fact as well as of law. Presence of Commons. The Commons are to be present at the examination of witnesses. Seld. Jud. 124. Indeed they are to attend throughout, either as a committee of the whole house, or otherwise, at discre- tion, appoint managers to conduct the proofs. Rushw. Tr. of Straff. 37. Com. Journ. 4 Feb. 1709—10. 2 Woodd. 614. And judgment is not to be given till they demand it. Seld. Jud. 124. But they are not to be present on impeachment when the lords consider of the answer or proofs, and determine of their judg- ment. Their presence, however, is necessary at the an- swer and judgment in cases capital. Id. 58. 159, as well as not capital, 162. The lords debate the judg- ment among themselves. Then the vote is first taken on the question of guilty or not guilty; and if they convict, the question, or particular sentence, is out of that which seemeth to be most generally agreed on. Seld. Jud. 167. 2 Woodd. 612. Judgment. Judgments in Parliament, for death, have been strictly guided per legem terrse, which they can- not alter: and not at all according to their discretion. They can neither omit any part of the legal judgment, nor add to it. Their sentence must be secundum, non ultra legem. Seld. Jud. 168 — 171. This trial, though it varies in external ceremony, yet differs not in essentials from criminal prosecutions before inferior courts. The same rules of evidence, the same legal notions of crimes and punishments, prevail. For im- peachments are not framed to alter the law, but to car- ry it into more effectual execution against too powerful delinquents. The judgment, therefore, is to be such as is warranted by legal principles or precedents. 6 St a. Tr. 14. 2 Woodd. 611. The chancellor gives judg- ment in misdemeanors; the lord high steward former- ly in cases of life and death. Seld. Jud. 180. But now the steward is deemed not necessary. Fost. 144. IMPEACHMENT. 207 2 Woodd. 613. In misdemeanors the greatest corpo- ral punishment hath been imprisonment. Seld. Jud. 184. The king's assent is necessary in capital judg- ments, ( but 2 Woodd. 614, contra) but not in misde- meanors, Seld. Jud. 136. Continuance. An impeachment is not discontinued by the dissolution of Parliament; but may be resumed by the new Parliament. T. Ray. 383. 4 Com. Journ. 23 Bee. 1790. Lords' Jour. May 16, 1791, 2 Woodd. 618. INDEX TO THE MANUAL* A, Page, Absence, not allowed without leave - 121 provision in cases of - - - 121 Address, by the President, &c. - 123 Adjournment, motion for, cannot be amended - - 196 to be declared by the Speaker - - 196 for more than three days, by concurrent votes - - - - 195 provision for disagreement respecting* - 195 effect of, on business depending. See Session. 196-8 Amendment to Bills. — See Bills. - - - 149 made in Committee of the Whole, falls by a reference - 150 proposed, inconsistent with one adopted, may be put - 16o may be amended prior to adoption, but not after - - - - - 166 (proposed,) by striking out, and lost, the pa- ragraph proposed to be stricken out cannot be amended .... 166 not identical, or equivalent, to one lost, may be proposed - 167 by insertion, how far liable to further amend- ment - - - - - 167 Assent to bills, by the Executive, regulations respecting 192 B. Bills, new, concerning their introduction - - 139 to receive three readings, &c. - 142 may be brought in on notice and leave - 142 forms in introducing - - - - 142 not amended at first reading - 142 proceedings on second reading - 143.152-3 how and to whom committed - 143-4 shall be read twice before commitment - 144 not to be referred to avowed opponents - 144 referred, mav be delivered to any of the Committee 144 18* ~10 INDEX TO THE MANUAL. Pag€. Bills, parts of, may be committed - - - 148 amendments to, how considered and proceeded on - - - . _ 149.169.186 amendments to fall by a reference, in Committee of the Whole, to Special Committee - 150 amendments to, may be insisted on, or adhered to 185 amendments to, cannot be receded from or insist- ed on, by the amending House, with a further amendment ----- 186 amendment to an amendment has precedence over a motion to agree or disagree - - 187 amendments to amendments, how far admissable 187 proceedings upon in Committee of the Whole, 84c. 151 third reading of, at what hour - 174 on third reading may be recommitted - - 175 on third reading amended by ryders - - 175 on third reading, blanks in may be filled - 175 titles, when made - - - - 181 reconsideration may be moved by one of majority, or of the prevailing side - - - 182. 201 reconsideration, at what time to be moved - 182 reconsideration, effect of a vote for - - 182 (rejected) relating to their being brought in dur- ing the same session. — See 13th Joint Rule - 183 originating in one House, rejected in the other, may be renewed in the rejecting House - 183 expedients for remedying omissions in - 183-4 mode of proceeding, when founded on facts re- quiring explanation - - - - 185 effect of a vote to insist or adhere - - 185 conferences upon, at what stages, and by whom asked -• - - - - 187 papers relating to r J&be left with the conferees of the House acceding to the conference - 189 enrolling - - - - - 192 proceedings when disapproved - - 192 not returned in ten days, to be laws, unless an ad- journment intervene, - 198 Blanks, construction of the rule for filling - - 168 Business, a settled order in its arrangement useful - 129 C. Call of the House, proceedings in case of - - 120-1 Vhairman, may be temporarily appointed in Senate, [Note] 123 INDEX TO THE MANUAL. 211 Page Committee, a member elect, though not sworn, may be ap- pointed on - - - 114 may elect their Chairman V - " - - 123 Committees, standing - - \^ /- - - 123-4 forms and proceedings of - 123. 145 joint, how they act ... 124 who shall compose - 144 how appointed in Senate - 144 time and place of meeting - - 144-5 majority of, to constitute a quorum - 145 who may be present at their sittings - 145 their power over a bill - - - 145 have entire control of a report recommitted 148 dissolved by a report ... 146 how revived - 146 may be discharged from instructions - 183 when they may sit during recess - - 197 effect of a reference to, when a bill has been amended in committee of the whole - 150 Committee of the Whole, proceedings in - 125-6. 150 irregularly dissolved - - 126 cannot adjourn - - 126 report proceedings - - 126 subjects which have passed through, may be referred to special committees - - 150 particulars which attach to - 151 Communications, confidential, to be kept secret - 198 Conferences, when, by which House, and at what stages to be asked .... 187 Congress, member of, no person holding office under the United States, can be 120 cannot adjourn for more than three days, ex- cept by joint vote. — See Adjournment. 188-9, 190 Counsel may be heard on private bills - 128 Count of the House may be called ... 120 D. Debate, forms and proprieties to be observed in - 132-3-4 the Speaker not allowed to engage in, except on points of order .... 133 proceedings of the House not to be censured - 133 personalities to be prohibited - 134 motives not to be arraigned - 134 212 INDEX TO THE MANUAL. Page- Debate, violation of order in, to be suppressed by the Speaker - 134-6-7 disorderly words not to be noticed until the member has finished - 135 disorderly words, when taken down - - 136 proceedings of the other House not to be no- ticed in - 136 members concerned or implicated by the sub- ject of, ought to withdraw - 137 Decorum, points of 137 Division {of the House) practice in ascertaining 176-7-8-9 Dooi'S to be kept by porters - 138 rule respecting their being closed - - 138 E. Elections, time, place, and manner of holding - - 117 of members to be judged by each House - 117 H. House of Representatives. — See Representatives. House, division of, how ascertained - 176-7-8-9, 180, 181 Impeachment, to be made by the House of Representatives 202 ' to be tried by the Senate - - 202 who shall preside at ~-' : - - - 202 continued by an adjournment - - 198 extent of a judgment by - 202 party convicted on, still liable to trial and punishment, according to law - - 202 officers convicted by, to be removed - 202 sketch of the law of Parliament, respect- ing 202-3-4-5-6-7 Inquiry, or accusation, common fame a ground for - 127 J. Journal, shall be kept by each House - 193 of each House to be published - -" 193 shall show every vote - 193 to contain a brief statement of every petition and paper, &c presented - 19$ titles oftulls and parts affected by amendments, to be inserted on .... 193-4 what questions shall be entered on - - 194 a record, in law - - - - 194 subject to-e%itmination - 194 Jury trial, secured in certain cases - 202 INDEX TO THE MANUAL, 213 Ii. Page, Legislative power, vested in Congress ... 108 Legislature, members of National, their compensation • 108 National, powers of 108 M. Majority decides on genera] questions - - 181 Members and officers of one House not amenable to the other ..... 136 Messages, when received .... 190 forms in receiving" .... 190 errors in their delivery may be corrected - 190 bills not acted on, the subjects of . - - 191 Motion, not to be put or debated until seconded - 140 to be reduced to writing if desired - - 140-1 to be read for information - - - 141 to adjourn, not in order when a member has the floor ---.-. 141 privileged, what shall be. — See Questions. - 155 O. Officers, of either House, forms of nomination or election 122 of one House, not amenable to the other - 136 Order, ■ c instances make" - - - - 131 respecting papers. — See Papers. - - 131 in debate. — See Debate. ... 132 questions of, may be adjourned - - 138 decision of Speaker on points of, may be controlled 138 a member may insist on the execution of a subsist- ing - - - - - - 138 question of, to supersede a question depending 162 and Resolution, distinction between - - 141 of one House, requiring concurrence of the other, (except for adjournment) to be presented for approval - - 19 Orders of the day, how, and when to be called up - 138-9 may be discharged at any time - 139 of the House, determined with the session - 139 P. Papers and Journals, not to be removed from Clerk's table 131 &14 INDEX TO THE MANUAL. Page. Papers and Journals, rules respecting their preservation 131 reading of, how far they may be called for - 154 referred, usually read by title - - - 154 to be left with the conferees of the House acced- ing to the conference asked - - 189 Parliament, each House of, may adjourn independently of the other 195 Petition and remonstrance, distinction - 139 to be presented by a member, &c. - - 138.140 the member presenting to state its contents - 140 to be subscribed or written by petitioner - 140 President of the Senate, provided by the Constitution - 121 may appoint chairman - 123 pro tempore, to be chosen in the absence of the Vice-President - - 122 at what time his office shall deter- mine ... 122 of the United States shall give information to Congress ... - 123 Privilege of Parliament has gradually increased - 108-9 of members of Parliament - 109-15 of Senators and Representatives - - 110-14 of Senators, constructive extent - - 111-15 of the two Houses, cases of alleged breach of 11 1-12-13 of members commence by virtue of election 114 of members must be ascertained at the peril of the party violating ... 114 of members, the privilege of the House - 114 a member violating, amenable only to the House 115 is violated by not putting a question which is in order ----- 115 ©f one House in relation to the other, or in re- lation to a co-ordinate branch of the Govern- ment ----- 116 q. Qualification of Senators - - - - 117 Questions, general rule for putting - - - 155.173 the priority of certain, considered - - 155 privileged, what shall be - - 155 to 162 privileged, in filling blanks - 166,168 privileged, in references to Committees - 161 privileged, in amending amendment, and to agree or disagree - -.. 187 INDEX TO THE MANUAL. 215 Fage. Question, privileged, motion to amend has precedence over motion to strike out - 162 of order, (incidental,) how far it shall super- sede any other - - 162 previous, its intention and effect - - 163-4 previous, after being' moved, can an amend- ment to M. Q. be proposed? - 164-5 division of, by whom and how made - 169 what are divisible - 179 when divided, each point open to debate and amendment - 161 (co-existing,) what, suspends, and what removes from the House, an existing ques- tion .... 171 equivalent, what is considered - . 172 determined by ayes and noes - - 179 to be resumed, in statu quo, when suspended by the want of a quorum - - 181 Quorum, only shall do business - - - - 120 what number shall bea - - - 120 how the attendance of may be compelled - 120-1 any member may desire a count, for the purpose of ascertaining .... 120 not present, suspends the question - - 181 R. Recommitment of a report, effect of - 148 Reconsideration of bills, orders, instructions, &c. - 182-3-4 of questions requiring two-thirds, by whom may be moved ... 201 Remonstrance and Petition, distinction - - 139 Report of one House not to be read in the other - - 154 Representatives, House of, of whom composed - - 118 House of, shall choose their Speaker and other officers ... 122 House of, powers of in relation to its rules, and the conduct of members - 131 qualifications of 118.120 Representation and direct taxes, how apportioned - 118 of each State, from 1787 to 1820 - 119 vacancies in, how supplied - - 119 Resolution, and Order, distinction ... 141 of one House to pay money, when not in order 141 when to be presented for approval - 193 216 INDEX TO THE MANUAL, PttM Mules, an adherence to, important - 107- Rutes and orders of each House, to what cases they shall apply - - - - 131 S. Senate, of whom composed, and how classed - - 11 »: the Vice-President to be the President - 12 J shall choose their officers, &c. — See President of the Senate. ..... I2jjj power of, in relation to rules, and the conduct of members ----- 131 equal division ta be determined by the vote of the Vice-President .... 171- adjournment of. — See Adjournment. - - 19J session of, what constitutes ... 19! : committees of, may, if authorized, sit during the recess ..... 19'? Speaker, shall be chosen by the House of Representa- tives - - - - 12! absence of, from sickness, another chosen - 12! Special orders. — See Orders. T. Taxes, direct, how apportioned Treaties may be made by the President and Senate shall be kept secret until injunction removed are legislative acts .... extent of the power to make - - - may be rescinded by an act of the Legislature papers to be communicated with ratified by nominal call ... read for information, the day received read for consideration on subsequent day proceedings upon - reconsideration of votes upon, may be moved by one of the side prevailing - - 201 V. Vice-President of the United States shall be President of the Senate 121 his absence provided for - - 122 Y. Yeas and Nays, may be required by one-fifth - - \7i to be taken alphabetically - - iSjl all present shall vote, unless excused - 171 when called and decision announced, no member allowed to vote - 17' ■