Jill | ! 5 ' JjV \b q H Mj 1 B' W? h; THE LEGISLATIVE GUIDE, CONTAINING ALL THE RULES FOR CONDUCTING BUSINESS IN CONGRESS; JEFFERSON'S MANUAL; AND THE CITIZENS' MANUAL, inclcdinq a concise system of rules of order founded on congressional proceedings: COPIOUS NOTES AND MARGINAL REFERENCES, EXPLAINING THE RULES AND THE AUTHORITY THEREFOR ; DESIGNED TO ECONOMIZE TIME AND SECURE UNIFORMITY IN THE PROCEED- INGS OF ALL DELIBERATIVE ASSEMBLIES, TO MEET THE WANTS OF EVERT PRIVATE CITIZEN WHO DESIRES TO UNDERSTAND THE RIGHT WAT TO TRANSACT PUBLIC BUSINESS. BY JOSEPH BARTLETT BURLEIGH, LL, D, FOURTH EDITION REVISED. PHILADELPHIA: J. B. LIPPINCOTT & CO. 1858. PREFACE. The Author's attention was first called to the importance of a uniform system of rules for conducting public business, when presiding at the faculty meetings of a University, which were composed of members edu- cated in the different States of the Union, and in different countries of Europe. Questions sometimes arose in reference to the mode of conducting business, respecting which the members entertained various opinions. This led to an examination of works on Parliamentary practice, for there were none based on Congressional proceedings, and it was found that no two books were alike in all respects, that the rules of State Legislatures differed from each other, and from those of Congress, in matters where uniformity would add alike to the convenience of the members and the dispatch of business. There are now more than thirty State Legislatures; each having its separate and distinct forms for conducting pub.ic business. After having visited most of those bodies during their sessions, the Author is of the opinion, that much time is needlessly lost for the want of a systematic and uniform standard. No one can doubt but that the will of the majority is often defeated, and public business retarded, for the want of the general diffusion of, and the familiar acquaintance with, correct legislative forms of pro- ceeding. This Guide contains a full set of rules for conducting business in every association, of whatever name or character, from the lowest to the most exalted. By these, a person having properly learned how to conduct the affairs of a small society or meeting of one kind, may know at once how to carry on that much of the proceedings of another body of larger size and greater scope, and a State legislator, on being transferred to Congress, will not be under the disagreeable necessity of unlearning anything he has acquired, and studying a new system of rules for conducting legislative business. Entered, according to the Act of Congress, in the year 1862, by Joseph Bartlett Burleigh, In the Clerk's Office of the District Court of the United States for the District of Mary- land. ~> r CONTENTS. PAGE Constitution of the United States 5 Index to the Constitution of the United States 51 References to Judicial Decisions on Constitution of U. S...52 Rules of the House of Representatives of the United States 67 Joint Rules of both Houses of Congress 107 Index to Rules of the Ho. of Reps., and to the Joint Rules.lll Rules for conducting business in the Senate of the U. S...125 Index to the Rules of the Senate of the United States... 137 Jefferson's Manual 147 Index to Jefferson's Manual 193 Citizens' Manual 195 Index to Citizens' Manual (Appendix) 27 A Synopsis of English Legislation 269 " Laws of Naturalization 273 " Proceedings in Elections 275 Holding Elections and Meetings of State Legislatures ....280 Census of the United States for 1850 281 European Statistics 287 APPENDIX. Directions for Literary Societies 1 Outlines for Young Debaters 4 Hints for Debating Societies 20 Articles of the Confederation 22 3 L: r<-.. 5_*'t_j *3 * / -J Department of State. Washington, Oct. 1, 1850. This is to certify, that Joseph Bartlett Burleigh's Script Edition of the U. S. Constitution with the Amendments, has been carefully collated with the originals in the Archives of this Department, and proved to be accurate in the capitals, orthography, text, and punctuation. Secretary of State. Chief Clerk. Department of State. Washington, October 3, 1850. / have carefully compared Burleigh's Script Edition of the American Constitution and the Amendments appended, with the original manuscript and the twelve Amendments, in the order of their adoption, and have found that it minutely delineates the original documents, with all their peculiarities. It may be proper to add, that other Amendments have been proposed, but only the aforesaid twelve have been constitutionally ratified. VI Keeper of the Archives. Washington, D. C, Sept. 30, 1850. / have critically compared Burleigh's Script Constitution of the United States, and all its Amendments, with the original documents deposited at the Department of State, and have found them in every respect alike, even to the minutest particular. Proof-Reader in the Department of State. (4) CONSTITUTIOX OF THE UNTTED STATES. The following Script is an exact copy, in capitals, ortho- graphy, text, and punctuation, of the Constitution of the United States of America, as proposed by the Convention held at Philadelphia, September 17, 1787, and since ratified by the several States; with the Amendments thereto. Wl §t |5e0|l(e of t4e ^bnitea' Stated, in Ureter to down a mo^e dievdect ^/-<(mion, edtavdiwi dadtice, indare aomeAtic 4 cd Juoivevtii to owi&edvea ana ciii & odteiitw , ao oi- aain ana e&tav-didn t/iid- ^>on&titaticn dot tne ^l/onitea C/tated. od Q/(ome%ica. Article* I. erection. /. Qwdt deaiddative 'z/oivevd. netein a^antea 6-naw ve vedted in a ^?cn= aie&d o4 tne^lknited c/tatej, itidU&n> ddzad'V ccndi&t od a cfenate and e4wedentatived ana al^ect U axed- 6-naz€ -be afzAcztionea awicna tne bevezai tftated wnicn maw <6e mciaaea tvitnin tnid. ^Ifanicn, acccvama, to tnevr zed/iective iJyaTntie^d, va-ntcn 6-nat/ fre a / ete^minea / 4y adding to tde -w-do/e idon6-. , Jveto- terd-ey ffoa^, zy" enn&ytvania eiafit, i2Det= azvare o?ie, ^/fwaiy€ana &ix, ^Uiryinia Census e7 ery tea years. CONSTITUTION OF THE UNITED STATES. Vacancies, how filled. Represen- tatives choose of- f.i^rs and brin? im- peach- ments. Senate, how cho- sen. Senators classed. ten, e= fiiedentaticn worn anu estate, tne (oa>e= cative Q^batnozit?^ tneiecjf &na/Z id&ue ^yrwtd. o4 (o/ection to ii// ducn ^Uacan= cied. U ne cyfooud-e o4 tybefae&entative^. 6-na// cnade tneir cf gleaner and otner &/jlicev4 ; ana dna/Z -nave tne dc/e {/rower ojf iSmJieacnment. jection. 3. U ne jenate c4 tnety/ni^ tea j tat 66. dna/Z v-e comAcjea ojf two jenatoid- focm eacn cftate, cnoden fry tne j/eai&Zataze tneieo/, dor &ix tffeazA. ; ana eacn jenator Ana// nave one tfjote. J/wwieatate/u a/ter Mew A-/a// /e jfizdt (o/ecticn, t/ey &Aiza= tton off tne 6-econa ^clear, off tne &eccna jo-tadd- a,t tne (dccfeiiaticn off tne ffoavtn ILear, ana off tne tnwa TO'tabd- at tne (exfoliation off tne Mcctn ^uear, &o tnat one tniza wiaif tie cno&en eveiy decona I Lear ; ana iff ^Uacancied. naJi/ien vy 0hed.ianation , or otnezwide, aazma tne (y&ecedd off tne ioDeai&tataze off any- J tate, tne (occectctive tnezeoff may- mane te7nfio= zazy QwAfiomtmentd* unlit Ine next ^yfbeetcna off tne ^&eat&€ataie, wnicn dna& tnen ffi't'V dacn ^Uacancied. natt not, tv-rien etectca, tie an <_/n= navitant off tnat jtate ffcr wnicn ne dnat'V ve cno&en. U ne Vuice (y^zediaent off tne ^ifcnitea Vacancies, how filled. Qualifica- tions of Se- nators. Vice Presi- dent to p-eside. 10 CONSTITUTION OF THE UNITED STATES. Stated- d/ia// ve Uriedident 0/ tne Cren= ate, vat A-natt nave no ^Uote, a?ite6-& tnew ve eaaa€'t / u aiviaea. U ne jenate d-natt cnade tneir otncr &££iceid } ana ai&o a 'c/ze&iaent /no te?n= fcoie, in tne Q/bv-A-ence ojf tne ^Uice c/W- iaent, or vv/ien ne &naii eawzcite tne 0jfjfice cd ^zedident 0^ t4e United C/tated. U ne c/enate anaii nave tne dote nnen Me ^ledident ojf t4e tf&ntfect jtated id. tuea, tne ^nie4 fad-tice 6-na/t fiied-ide : QAond 'no Sreid-on d-na/t fre con= victea witnoat tne Tecncai/ience ojf Jive t/ziiad o€ tne iyfkenivci& fite&ent. J-adament in &0466. ojf jFmAeac/i^ ment 6-Aa€€ net ecetend jatt/ier t/ian to lenwva/ ^icm Ojffce, anct ctitaua/idica* CONSTITUTION OF THE UNITED STATES. \\ tion to dodd and envoy, any &jfjfice ojf donor, U ' zad-t or 0*wjtu under tde ^dmi* ted cftated : dat tdie 3ra^ty convicted 6.£add nevevtdede&d de diadde and dudfect to Kjndictment, U via/, dudament and ca anid-dment, acccvdma to ^BatcA. erection. A. JzzaziA made or adter 6-acd U&eaadationd, except ad to tde J dace6- oft cdauny cdenatotd. a'iijficationd o4 ltd ow?i &r j (Zs&oa&e, auuna, tne je&= &ion off loonaie&d, 6-naii, tvilnotct tne i&oit&eiit off tne otner, aatoain ffor move tnan tnzee aayd, ?io / r j to any otner iyiace tnan tnat in wnicn tne two c^woa&ed d-nati v-e 6-ittma. erection. 6. *J ' ne fjenatotd and &hefi= leAsntatived &na€€ receive a T^oinffiendation ffcr tneir c/eiviced, to ve a&cettamea vy <=MazcA, and fftaia out off tne aA6d , eccceffit 6-natt nave vcen cwatec/, or tne (emoluments w/ietcot 6-na// nave veen encteaded duiina ducft time ; and no *crei&on notaina a?iy @jf s p,ce u?id^r tne ^vk-nited c/tateo, d/iaii ve a ^/tf&emver o4 either cdfcou&e dwina nid Continuance m &4iice. ejection, J. Qw// (%li€€6 tor lai&ina zvnicn it Mta€^ tinezni^e ve vecon&iaezea, ana iff aA/novea ^W two tnizad off tnat c7fcoa&e, it a-natt vecome a JuoaicA. 'tyjut in ait 6-acn i^ad-ed tne Quoted off? votn <^&oa6.ed d-natt ve detev^ mmea v-m Mead ana *Jya / u4, a?ia / tne Jyamed off tne )^r&uon6 votina ffor and aaam&t tne < £$i/t &na€z ve entezea on tne loainat off eacn tne ty J 'ie&iaent ivitnin ten ayd (c/anaa'Ud eate ojf ^Jyatazatcxation, and unijfozm £&azvd on tne 6-avj-ect o4 iyd an-wiafitcied tnwaan- oat tne ^Itnited cftated ; U ' c cocn ^/tfcone'U, veaaiate tne ^l/atae tnezeojf, and ojf jfozeian i&oin, and jftx tne jtandazd ojf ^rretantd and ^/fwea= d-azed ; ieM o^ Science and uAe'fa/o/foitd, <£y> &ecu*mp ^or Uwi* ited 3"imed to Q&iUnoM and J/nventoit tde exc/auve 0lia4t to tdevr ledfiective CfVutinat and @L h&cov&itet ; 3~o constitute STu^ana/d inffeuor to tne bufiwme joowit ; £7~c de/ine and Jumid-n, 0^naaed and ffie/onied committed on tne nian uead, and Odjfenced aaatnd-t tne ££aut oi efw,iMi,e, and mane 0§>uie4 concerning* i&aJitwied. on ^tand and y rr ater ; U o vatd-e and sufifioit Q/b^mle^, vat no Q/Jcfifivofiuatio?i o4 ^/fitconeu to tnat — CONSTITUTION OF THE UNITED STATES. 19 6-e 6-na^-t ve dor a lonae^ U evm tnan tivo IteaM ; ; U o mane , a^mlna } and ai&ciA'Umna , tne *ywiiiitia, and ffor aave^nlna■ Mien cs avt off tnern ad may ve emfeto'ued in tne Je^ / ulce off tne ^lbni~ ted crtated, ze&eivma to tne jtateo ie^ d-feectivet'u , tne Qwfifiomtment cjf tne Ufffficeid, and tne QAotitncfyit'u off ttain= ma> tne *yp(oiiitia accovdma to trie di&= ci/i^me faie&czifred -^W ^jonaied-d ; ieof. Jection. p. t_y ne K^mazation or *ym= fooitation of sucn t^rezsond ad any of tne tftated now exi&tma Anatt tnmn CONSTITUTION OF THE UNITED STATES. 21 Aiofier to aamit, d-natt not ve Sivoniv^ ited vy tne ^onaved-d Siuor to tne ^liear one tnou&ana eia^nt ntinawa and eiant, vat a U ax or aaty may v-e iwifeo&ea on 6-acn, ^y / m^lo^tatlon, not exceeamy ten aoziaM 4or eacn^ )zrei&on. STde : *^lvi/eae o4 tne ^frul o4 cyWa^ vea d-natt fre SiafrtiAned worn, time to time. *Jyo <_y ' it€e off ^Jyofritity d-natt fre avanted fry tne ^vknited jtated : QAond no c!reiA.o?i notdina any Ojfjfice ojf csio= iit or U ' vad-t tender tneni, 6-nat/, zvitn= oat tne ^jon&ent o4 tne donate &d , acccfet oi anu ty J ze&ent, hmoiame?it, Office, or kJ Me, o4 any nmd zvnatever , worn any KJloma, )^r^l7lce, or 4oveian cftate. erection. SO. JVc S^tate Ana// enter CONSTITUTION OF THE UNITED STATES. 23 into anon= dedezation ; at ant Jzzetteid off ,^/tfbataue and 0teefiti&at ; coin <_ytf / fcone / u ; eniU SSi/t'a ojf *ioiedit ; mane any onateAd, lay any J/mfeo&td or QDatied on J/mfacttd or (occ/iottd, ea>= cefftt wnat maw ve avd-o/atety nece&&aiy ffor execatma it' d inA^ection Jjzazad : and tne net0*todace o4 ' a-td (2L \Utea ana J/mfio&td } €ay any ^Duti/ off STonnaae, fieefe U \ocfid, or c?iti/id off ^frar m time off zjeace, enter into any Q/baieement or izomffiact witfi anotner Sftate, or wsitn a ffoieian vr outer, or enaaae in "7/ ar, tmte&d actaaiiy m= vaaea, or in 6-ucn imminent \2J)anaer ad laiti not aamit off aetay. Article. II. jection. /. U ne executive zyotiter d-nat-i ve ve&tea in a i^r^e^iaent off t/ie ^c/onitea crtated off CMonievica. cy&e d-natz not a nid tJffffice auvina tne U ezm off ff oar ^u^eatd, ana, toaetner tvitn tne ^Uice < cr ^e&iaent , cno&en ffor tne &ame Cy e^m, ve etectea, ad ffottoutt (dacn cttate Anal/ affiffioint, m 6-ucn t^vfoa.nner ad tne <=&eai6./ataie tneveoff may anect, a Jyumver off (dtectoid, CONSTITUTION OF THE UNITED STATES. 25 eatiat' to tne wnote e/iied-entati'ved to itttt&cfo trie jtate 7nay> ve entitled in tne j&onate&A : vat no c/enator or ijheAie&entative, or of- U ia&t or et&on no'tama an 7 ice iy^oitt under tne ^Itnited stated, anaw ve afefeomted an fatector. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of 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 List they shall sign and cer- tify, 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 the Presence of the Senate and Honse of Repre- sentatives, open all the Certificates, ami the Votes shall then be counted. The Person having the great- est 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 Representatives shall immediatelg chase by Ballot one of than for President ; and if no Person have a Majority, then from the five, highest on the List the said House shall in like Manner chuse the President. But in chustng the President, the Votes shall be taken by Slates, 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 Stales shall he , sary to a Choice. In every Case, after the Choice of the President, the Person having 'lie great Number of Votes of the Electors shall be the Vice President Put if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. ^onqte&d wiaip dett 'ewrune zate-iM maw U ' i/me ov cnu&ina tne ktectovd, and tne QDay on tvnicn tne?/> &naw aive tnecr ^(Joted ; ?^rucn \k2)a7/ Miat-t ve tne &ame tniotianoat trie ^t'entted c/tated. ±J\c xyevbon exce/it a natavat vein i&itizen, or a Sitvzen off tne ^l&nited cf tated, at tne tune off trie Q^bdo/itton off tnid Tfro?i&titation ; Anat-t t i e etiaiwe 26 CONSTITUTION OF THE UNITED STATES. For Vice- Presid't, Sec Sec. xti. Ani'ts. In case of removal, death, ic, of the Pre- sident his powers de- volve on the Vice President. Compensa- tion of Pre- (ident to tde Office #/ 0*w&i,ehfd6>} neither d-da// any> ^ciAon ve c/tyto/e to that 04/fice wno Ana/d not nave attained to tde o4?ae 0/ thiitn dive ^Ifeaw, and deen j?ouitee?i tyf'eazd a &be6.ic/ent tvit/tni the ^i/onited jtatcd. JFn Toad-e of the 0ic77iova€ of 4ne ^veAideiU 'Uom Ojfjfice, or of /ua (2Death, 0i)e&ia?iatioii, or ana witn tne Qnoavice a?ia T&on&ent oft tne jenate, to mane U veatied, fe^ovlaed two tuiiad oft tne uenatovd Aie&cnt concur- ; ana ne d-Ua/t nominate, ana vm ana vvitn tne QAoavice ana ^jon&ent oft tne c/enate, 6-nat't a^iAomt Q/bm^ia&6■aao^6 , otne?" fauvtic Kyvkini&teid- ana i£>on6.utd, l-uaaed oft tne &ufaeme i^ouit, ana a€c ciner uffticevd oj( tne tybnited cftated, to-no&e CMofifiointmentd aze not nezein otnezwibe Sizoviaea ftcr , and ' t^nicn 6-nati CONSTITUTION OF THE UNITED STATES. 29 ve e&tavti&ued wu J^atv : 'Out tne Tzon= aw&d mau vy> ££auL vc&t tne Q/kfi/ioint= ment o4 6-uc/i injfezior Ufiicezd, ad tneu t/u?in, fao/ier, m tne : \e&ia / cnt a/one, in tne isoavtd o€ <=&avc/ f or m tne cfweac/d o4 (0)e/ia'itmentd. U ' ne Urie&iaeiit 6-na// nave Srozver to jfcC-C afe at€ ^Uacancied tnat maty na/iAen auuna tne 0teeced.d ojf tne S y en= ate, &u aiantma Teonimid&iond K/nicn &naictiveen t/iem, vt/itn 0te6/iect Vacancies in office 3* Further powers and dutie of the P _ e sident. 30 CONSTITUTION OF THE UNITED STATES. to t/ie 2Time e4 Q/fodtoiwi?)icnt } de may adjourn idem, to Mien executed, ana 6-naii ^?om= mi&Aien aw tne ojliiceid o4 tne ^Ivmted jtated. c/ection. A. *J ne 0^^e&ide?lt ) ^Uice 'crve&iaenl ana ai€ civit u4j(lce^^ o4 tne ^Ifanited cftated, &naii ve ^emeved item UMice on J/m/ieacnment 4or, and &on= viction oi, kJ iea6-on, ijcJii'Vev'u, or otner nian vziwied ana t^dbiddeoneanotd. article in. erection. /. <_/^ indicia^ (y ozver ojf tne ^Ibnited jtatej, &na€e sufiieme and infte= vior Coiwtd, snatt note/ tmew &ftfticed duuna aood 'cSenaviour, and sna^t, at atated U imed, veceive ft or tneir c/eiviced, a i&omfoen&atiow, wnicn, snai-v not ve diminisned duuna tneir Contmua?ice in Concern- ing the J udges. ■ice. S^ecticn. 2. onswtd ; to att Cased oft ad / miiatty> and 7nafyitwie J-u= iisdiction ; to Contwvezsies to 2a€t ve a £y i a^t / M ; to toeiitioveisied vetween two or mote c/tated ; vetzv-een a C/tate and (oitizend oft another jtate; vettveen Citizens Extent of the judi- cial power. See Amend- ments, Art. xi CONSTITUTION OF THE UNITED STATES. Of original and appel- late juris- diction of the Su- preme Court. Trials by jury. And w here held. rJ c/{ffeicnt £f fates., £etwee?i %itizcnd rj t/te tame cftate c/aimi?iy £&antU tender ffiantd 0/ a / Mcze?it Stated, anc/ -£etwee?i a S^tate, or tde 'izitizend thezeejl, anc/ 'fozeian Sftatet, 9zitizend or juv= ■tectd. Jfn a/Z^ad-ed a/'/ectina Q/tm/a&d-a^ c/om, ot/ier fiuvtic ^yf/rimUeid and%on= ui/d, anc/ t/iod-e m zvnicA a estate Miai-t ve 0*aztw, tue d-afizeme %ouzt duatt nave cziainat luiidc/iction. tj/n at-t the otne'r &ad£d veioze ??ienho?iea, t/tc d-a/izeme Tzotcit dna// nave a/iSie/tate / iczidc/iction , votn, ad to ^katc* a?ia ^ act, zo-itA mic/i SxceAtiond, a7ia anc/er d-acA ^y^eaatationd ad tAe ^onatedd dnatt 7?iafoe. J zia/ of at/^vimed, exce/it in Traded ci umfieac/iment, d/ia/A Ae Az/ J-wzu ; azict dticAi omfovt. ^/vo /lei&on &na/t fre convicted o4 U \ea&on anteAd on tne U e^tiTnon^ oj( ttao W it?ie&&ed to tne d-ame ovevt Q/wct, or on ^onffe&Mon in ofae7z &ou%t. *Jne ioonaved-4 d-natt nave (grower tc dec-iaze tne c/ ii?iid-nment o4 \J tead-on, vat no Q/bttamder c£ U iea&on 6-natC tv-ovn teontiJition o€ ( £$<£ooa / , or ^crffeitaze except aauna tne J^ide ojf tne iyei&cn attainted. Nocorruj>- tion of blood ( 31 CONSTITUTION OJ THE UNITED STATES. Acts of State ac- credited. Privileges of citizen- ship. Fugitives from jus- tice to be delivered op. &vttcle* iv. Section. /. §Fu// ffiaUn anc/ ( ^0- dit 6-nat/ ve aiven in eacn 3 tate to tne fiw^/ic Q/(octd, 0heco^a / ^, ana tuaiciat ^toceedinad o4 eveiy otner estate. Q/kna tne Teonave&d may v-y aeneta-v ^Lawa foebciive tne ^(canner in wnicn 6-ucn Qwcld, ffbecozdii and 0" ioceeama ^zoavo- or ryi)eawCa= tio7i tneiem, t i e aibcnavaea ffvom^ &ac/i fjevvice or .tzoavoar , vat Ana/t ve ae= tivevea uA on le-taim off trie er aity to zo-nom d-ticn, c/evvice or J^oavoar may v-e aae. erection. 3. ^Jyeto- cttated maw tt-e aamittea v?f tne T&imate&d into tnid ^lbnio?i ; vat no neiv estate 6-nat-c ve ffovmea or etectea zaitnin tne laudaic^ tion off any ctner j tate ; nor any utate ve ffovmea V'U t/ie I unction off tivc or move jtated, or e/^aitd off jtated, tiutn= oat the Gond-ent off trie J^zoeaidtataved off tue t/tated conceznea ad taet-i ad off tne fj -tie loonaved-d d-nat-i nave grower to onave&d. ai&/io&e off ana mane al^ neeaffat a€cd Fugitive slaves to be deliv ered up. New- States Territory and nlher Bropertv ol i. State* CONSTITUTION OF THE UNITED STATES. Republi- can form of govern- ment gua- rantied to every State. Protection of Slates. An.tnd- nients to tins Con- stitution. and 0leaa/atton6 wdfeectmy t/ie J ' etu= tovu or otder ^vo/ietty /e/onatny to tde tf/onited Stated ; and not/iny i?i t/id ^onstitation Ana// /e 6-0 con&tzaed a4 to 0*wiudice any ^/atmd 0^ t/ie United Stated, or od any feaitica/ar fjtate. Section. A. STde United jtated 6-/a// auaiantee to eve^ / u j tate i?i tfud tybnion a 0le/ia//tca7i iflotm c4 Qov^ evnment, and &nat€ footed each oi t/em aaam&t Jfnvauon ; ana on Qac/i^ fi/icatio?t od tne ^teeatd/atiwe, or o4 t/ie Sxecative [■ivnen tne ^&eal&'Cata^e ca?mot we convened \ aaat?idt domestic yUio€ence. Article- v. U ne ioonaied-6, wnenever two t/uzdt on&titation , or ? on tne CMo/i/i-iica^ tion off tne Jzzeaid-'fata'ied off two tAiidd off tn>e &eve^az estates, &na€t catt a Convention ffor faofao&ma> Q/bmena^ mentd, wnicn*, i?i eitAer ^>ad-e, d-natt v-e vaiia to aw J/ntentd ana zsuifaoAed, ad zs avt off tnid Conatitiition , wnen iati^ ffiea vu tne J^eaiA-tatuwd off tnzee ffoaztnd off tne Aeveta-c c/tated, or fry Conventiond in twiee ffoaitnd tnezeoff, ad. tne one or tne otne-r ^stfkoae off 0hati= ffication maw ve faofeo&ea fru tne Con~ aie&d ; zy J ioviaea tnat no Q/bmenament wnicn may 6e wiaae fezior to tne ^Ipear One tnoad-ana eiant nanaiea ana eiant Afiati in any> *_ytfbanner affffecl tne ffiwt ana ffoavtn JO'taad.ed m tne oaw ateuon. Zona : (2D anion \ ^ ''laiiAim ov- ^^< / fko^^l^ bt eo iovu oi a wee fjtate, the uant off the fieofiie to neefi, ana vear QAetwid, &hatt not ve wificnaea. QADzticte the thwa......iJyo jotaier d-hatt, i?i time o4 Sieace ve aaavtevea en any hoa&e, tutt/iout the consent o4 CONSTITUTION OP THE UNITED STATES. 43 t/te Owner, nor in time off zvai, /at in a manner to ve fae&czivec/ uniina/ Toa&e tc ve a zvitned-d aaam&t ni?n&e€ff } nor ve aefaived off /iffe, €ivezty>, or fizo/ze'it / u, zz/it/zoiit aae Szto= ce&d off law; nor &/za// faivate fac= Aeitw /e tan,en ffor fouv€ic ud-e, wit/zotzt iU&t C077z/ie7l&atl07l. Q/bztic/e t/ze 6-ixt/z. J/n a/t cumi* 71a/ ffzzo&ecizliond , t/ze acca6.ec/ d-/za// en= t-c-y tAe via/zt to a rfzeeaif ana /za/tic tua/ } vm an im/zaztiai f a ' l/ ¥ °jf t/ze t/tate ana aid-tiict ziLrzevein tue ciwze 6-nu// nave veen committed, w/zic/z aid= tiict 6-tzat/ nave /-ee7i Sizevioa6€ / ?j> a&cez= taizzea v-u taw, ana to /e i7zffoi77zea / ojf t/ze nataze ana cau&e off t/ze accud.ati07i ; to /e co7zffzontea ivitfc t/ze tctit7ied.6.ed aaambt /zi7n ; to /zave ( ioo77i/za/d.oz'U faoce&d ffor o/tainma G ty u itne&6.e6 in CONSTITUTION OF THE UNITED STATES. 4.5 nid flavor, and to nave t/ie OAo6-M6t= ance off ^>oan&ei ffor nid deffence. Qwfyticte tne &eventn ..*jn jaitd at common taw, ^(^ne^e tne value in con= tiove%6-?i> 6-na€t exceed twenty aottavd, tne viant off tuav v-u f U//l/ ¥ ^natt ve fae= d-ezvea, ana no ffact tzied v / w a fwi>% 6nat€ Se otnevtifi&e %e- examined in any woa%t off tne ^Ibnitea jtated, tnan acco^ama to tne za€ed off tne common €ata. QwztiC'ie tne eiantn . . . Sxceddive vail bfia-t'i not v-e veaaizea, nor exce&d-ive ffmed imAo&ea, nor cztie€ ana untiMia-c ffian= id-nme?itd mffiicted. QAQ^tlC'£e tne nmtn .. tne azeatedt ntwiver off voted 4o?" ijiediaent, dnat'i v-e trie ty } lediaent } iff ducn number ve a '/naffoutu off trie lano-te numve'r off (dtec= to id afi/iomted ; ana iff no ftiezdon nave dac/i marovit'u, trien fftzom tne Aezdond navtna tne ntanedt nam^e^d not eaceed^ ma trizee on trie tidt off tnode votea ffo^ ad (y ledident , tne eA%e= 6-entatived d-natt crioode tmineatatety , vy> Manner of electing the Presi- dent and Vice-Pres- ident. 48 CONSTITUTION OF THE UNITED STATES. Manner of electins the Presi- dent and Vice-Pres- ident. off tne zcAnote numver off (otecl= ozd afeAomtea, ana iff no fieidon nave a CONSTITUTION OF THE UNITED STATES. 49 mafovity-, tn&n, ffw?ri tue two '/iianeAt 7^lC7?l€ L 6^6 07i t/ie €i6t, tne t/enate d-nci'L-t cnood-e tne ( ^Utce-zy^e6■iaent; a auoitMn, dor tne fnwfio&e &na€'t con&t&t off two* t/iivc/d o4 tne who've ntcm^eT' off jenatotd, a?ic& a 'ma1 off tne wnoie nwrnver bnatt ve neced-baiii to a cnotce. ^yjut no fle^6■07^ covi&titiitiona'i'V'U ineiiaizt-'ie to tne offfftce off & \ed.iae?it 6.na€z v-e eziaiv'te to tnat offf &Vice ~ & zeuc/ent off tne nitea jtated . Agreeable to the third paragraph of Art. II. Section I. of the original Constitution, Congress passed a law on the 23rd. of January, 1845, " that the electors of President and Vice-President shall be appointed in each state on the Tuesday next after the first Monday in the month of November of the year in which they are to be appointed. Provided, That each state may by law provide for the filling of any vacancy or vacancies which may occur in its college of electors when such college meets to give its electoral vote. And provided also, When any state shall have held an election for the purpose of choosing electors, and shall fail to make a choice on the day aforesaid, then the electors may be appointed on a subsequent day in such manner as the state shall by law provide." Note. The Articles in addition to, and amendment of, the Constitution, have been numbered in the order of their adoption, (not as proposed). The lltli and 12th Articles were written on separate pieces of parchment, and were not numbered, when proposed ; they have assumed the above titles by their adoption. ~5~ D INDEX TO THE U. S. CONSTITUTION. 51 INDEX CONSTITUTION OF THE UNITED STATES. A. Art. Arts and Sciences, to be promoted .... 1 Acts, records, and judicial proceedings of each State entitled to faith and credit in other States - - - 4 Amendments to the Constitution, how made - - - 5 " " made - - - — Appointments, to be made by the President - - -2 Apportionment of Representatives • 1 Appropriations by law ------ 1 Appropriation for army, not to exceed two years- - 1 Armies, Congress to raise and support 1 Arms, right of the people to keep and bear - - - 2 Assemble, people may -------1 Attainder, bill of, prohibited to Congress - - - 1 " prohibited to the States .... 1 " of treason, shall not work corruption of blood, or forfeiture, except during the life of the person attainted ----- 3 B. Bail, excessive, not required -----. 8 Bankruptcy laws to be uniform - - - - 1 Bills for raising revenue, shall originate in the House of Representatives ...... l " 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 -----.--1 " not returned in ten days, unless an adjournment in- tervene, shall be laws ..... i Borrow money, Congress may ..... 1 * A stanjs for Amendment. Sec. Page 8 18 1 34 1 36 - 42 2 28 2 6 9 22 8 18 8 18 A* 42 A* 42 9 21 10 23 A* 45 8 17 7 14 14 52 INDEX TO THE V. S. CONSTITUTION. c. Capitation tax, apportionment of. (See also v. Wheat. 317; iii. Dall. 171.)* Census, or enumeration, to be made every ten years Citizens of each State shall be entitled to the privileges and immunities of citizens in the several States. (See also iv. Johns' Chancery Reports, 430.)* Claims, no prejudice to certain - - Claims of the United States, or of the several States, not to be prejudiced by any construction of the Consti- tution ........ Coasting trade, regulations respecting • " " no preference given .... Coins, Congress fix value of foreign » - Commerce, Congress to regulate - " regulations respecting, to be equal and uniform Commissions, to be granted by the President - ] Common law, recognised and established ... Congress, vested with power ..... " may alter the regulations of State Legislatures concerning elections of Senators and Repre- sentatives, except as to pluct of choosing Sena- tors --...-.. " shall assemble once every year « " officers of Government cannot be members of - " may provide for cases of removal, death, &c, of President and Vice President ... " may determine the time of choosing electors of President and Vice President ... " may invest the appointment of inferior officers in the President alone, in the courts of law, or the Heads of Departments ... * may establish courts inferior to the Supreme Court ■ may declare the punishment of treason " may prescribe the manner of proving the acts and records of each State .... " to assent to the formation of new States - " may propose amendments to Constitution, or call a Convention ...... " to lay and collect taxes, duties, pay debts, &c. (See also v. Wheat. 317.)* Art. Sec. Page 1 9 21 1 2 7 4 2 34 4 3 36 4 3 36 1 8 17 1 9 21 1 8 17 1 8 17 1 9 21 2 3 30 7 Af 45 1 1 5 1 4 11 1 4 11 1 6 14 2 1 26 2 1 25 2 2 29 3 1 30 3 3 33 4 I 34 4 3 35 5 1 36 1 8 17 * Reports of judicial decisions; for Lawyers and Legislators. t Amendment. INDEX TO THE U. S. CONSTITUTION. Congiiess to borrow money. (See also ii. Pet. 465.) " to regulate commerce. (See also ix. Wheat. 1 ; xvii. Johns, 488.) " to establish uniform laws of bankruptcy and natu- ralization. (See also ix. Wheat. 1 ; xvii. 483 ; i. Pet. 251 ; iv. Wash. C. C. R. 317; vi. Pet. 515; ii. Wheat. 269; iv. Wheat. 122, 192, 209 ; xii. Wheat. 213; xx. Johns, 693.) " to coin money, regulate the value of coin, and fix a standard of weights and measures " to punish counterfeiting ..... " to establish post offices and post roads " to authorize patents to authors and inventors. (See also iii. Wheat. Ap. 2, p. vii. Wheat. 356.) " to constitute tribunals inferior to the Supreme Court. (See also i. Pet. 546.) - " to define and punish piracies, felonies on the high seas, and offences against the laws of nations. (See also iii. Wheat. 336 ; v. Wheat. 76, 153, 186.) " to declare war, grant letters of marque, and make rules concerning captures. (See also viii. Cranch, 110, 154.) " to raise and support armies .... " to provide and maintain a navy. (See also iv. Binn. 487.) " to make rules for the government of the army and navy ....... " to call out the militia in certain cases. (See also v. Wheat. 1 ; xix. Johns, 7.) " to organize, arm, and discipline militia. (See also iii. S. & R. 169 ; v. Wheat. 1 ; xix. Johns, 7.) " to exercise exclusive legislation over seat of Gov- ernment. (See also v. Wheat. 317, 324 ; vi. Wheat. 440 ; xvii. Johns, 225.) " to pass laws necessary to carry the enumerated powers into effect. (See also iv. Wheat. 413 ; vi. Wheat. 204.) " limitations of the powers of. (See also i. Wash. C. C. R. 500.) " to dispose of, and make rules concerning the ter- ritory or other property of the United States Ut See. Page 1 8 17 1 8 17 17 1 8 17 1 8 17 1 8 18 1 8 18 18 19 19 1 8 18 1 8 19 1 8 19 1 8 19 19 19 20 20 35 54 INDEX TO THE U. S. CONSTITUTION. Art. Sec. Page Congress, President may convene and adjourn in certain cases - Constitution, how amended - « laws and treaties, declared to be the su- preme law ------ « rendered operative by the ratification of nine States. (See also v. Wheat. 422.) Contracts, no law impairing - Conventions, for proposing amendments to the Constitu- tion ------- Counterfeiting, Congress to provide for punishment Court, Supreme, its original and appellate jurisdiction. (See also v. Serg. & Rawle, 544 ; i. Binney, 138 ; i. Wheat. 327 ; vii. Pet. 276.) Courts, inferior to the Supreme Court, may be ordained by Congress ------- Ditto ditto Crimes, persons accused of, fleeing from justice, may be de- manded. (See also iv. Johns' Chanc. Rep. 106.) " how to be tried ------- Criminal prosecutions, proceedings in cases of - D. Debts, against the Confederation, to be valid - Duties, to be laid by Congress, and to be uniform - " further provision respecting - " cannot be laid by the States - " on exports prohibited - - - - - " on imports and exports, imposed by States, shall inure to the Treasury of the United States - 1 E. Elections, of Senators and Representatives, shall be pre- scribed by the States ... 1 " qualifications and returns of members of Con- gress, to be determined by each House - 1 Electors of President and Vice President, how chosen, and their duties ------ 2 " altered 12 " to vote the same day throughout the U. States - 2 " no Senator, or Representative, or public officer, shall serve as- - - - - -2 10 3S 7 1 39 1 10 23 5 1 37 1 8 17 3 2 32 1 8 18 3 1 30 4 2 34 3 2 32 6 A» 44 6 1 38 1 8 17 1 9 21 1 10 23 1 9 21 23 4 11 5 12 1 24 A» 46 1 25 25 * A stands for Amendment. INDEX TO THE U. S. CONSTITUTION. Enumeration, every ten years ..... Executive power vested in a President. (See President) Exports, not to be taxed ------ " and imports, States prohibited from laying duties on -------- Ex post facto iaw, none shall be passed. (See also iii. Dall. 386, 396 ; vi. Binn. 271.) " " " prohibited to States - F. Fines, excessive, prohibited - - - - Fugitives, from justice, to be delivered up " from service, may be reclaimed H. Habeas corpus, writ of, can only be suspended in cases of rebellion or invasion - - - - House of Representatives. (See Representatives.) " each may expel a member, (i. Hall's Am. Law Journal, 459.) I. Impeachment, to be brought by House of Representatives - " tried by the Senate ----- " judgment on ----- - " all civil officers liable to - Importation of slaves, not prohibited till 1808 Judges, shall hold their offices during good behavioi. (See also i. Pet. 546.) Judiciart, tribunals inferior to Supreme Court may be created ....... Judges, their compensation. (See also vii. Johns' Ch. R., 303; i. Wheat. 327; i. Pet. 546.) Judicial power, vested in a Supreme Court, and courts inferior ------ " powers of the Judiciary. (See Amend- ments, Art. xi. ; ii. Dall. 297 ; vi. Wheat. 264, 405; ix. Wheat. 819; iv. Wash. C.C.R. 371: i. Pet. 512; ii. Pet. 251; iii. Pet. 289 ; vii. Pet. 276 ; and Act of Congress, 1789.) Art. Sec. Page 1 2 7 2 1 24 1 9 21 1 10 23 I 9 21 10 2:1 - 8 A* 4 - 4 2 34 - 4 2 35 21 1 2 8 1 3 10 1 3 10 2 4 30 1 9 20 31 1 8 18 3 1 31 3 1 30 3 2 31 * A stands for Amendment. 56 INDEX TO THE U. S. CONSTITUTION*. Art. Sec. Page Judicial power, restriction as to suits against a State. (See 11 A* 46 also vi. Wheat. 402; Pet. 110; vii. Pet. 627.) Judicial proceedings of each State are entitled to faith and credit in every State - 4 1 34 Jury trial secured, and shall be held in the State where the crime shall have been committed - 3 2 32 " further regulated ------ 6 A* 44 " ' secured in suits at common law where the value in controversy shall exceed twenty dt. liars. 7 A* 45 (See also viif. Wheat. 85, 674.) L. Law, what is declared the supreme - 6 1 38 Law, common, recognised and established - 7 A* 44 Laws, President to see them faithfully executed 2 3 30 Legislative powers, vested in Congress. (See Congrtss.) Loans, authority to make ...... 1 8 20 M. Marque and reprisal, letters of - 1 8 18 Militia to be called out, armed, &c, by Congress - 1 8 19 " to be officered by the States .... 1 8 19 " to be commanded by President - - - . 2 2 27 " their right to keep and bear arms secured - 2 A* 42 Monet shall be drawn from the treasury, only by appro- 1 9 22 " Congress to coin and regulate value ... 1 8 17 " States cannot make --.-.. 1 10 23 N. Naturalization, uniform rules - 1 8 17 Navt, Congress to provide and govern - 1 8 19 Nobilitt, titles of, shall not be granted by the U. States - 1 9 22 nor by the States ---... 1 10 23 j 0. Officers, of House of Representatives shall be chosen by 1 2 8 " of the Senate shall be chosen by the Senate 1 3 10 civil, may be removed by impeachment - 2 4 30 Order of one House, requiring the concurrence of the 1 7 16 * A stands for Amendment. INDEX TO THE U. S. CONSTITUTION. Oath, of the President - " of the public officers Pardons, President may grant - Patents to be granted to inventors - Petition, right of ....... Persons held to labor or service, their importation or mi- gration into the United States may be prohib- ited after 1808 " escaping from one State to another, shall be de- livered up to those entitled to service Piract, Congress to prescribe punishment ... Post offices and post roads, establishment of Powers not delegated to Congress, nor prohibited to the States, are reserved. (See also i. Wheat. 325.) 10 " Legislative. (See Congress.) " Executive. (See President.) " Judicial. (See Judicial.) Preamble. (See also i. Wheat. 324, and v. Wheat. 420.) Presents from foreign powers to public officers prohibited Press, freedom of - President of the U. S. vested with the Executive power " " shall be chosen for four years " " how elected .... \rt. Sec. Page 2 1 27 6 I 38 2 2 28 1 8 18 1 A* 42 " " same ..... " " qualifications for " " who shall act in case of vacancy " " compensation of " " shall take an oath of office - " " may be removed by impeachment President, commander of army, navy, and militia - " may require the written opinions of the heads of Departments - - - - - 2 " may reprieve and pardon .... 2 •' may make treaties, with consent of the Senate 2 " may appoint to office, with the consent of the Senate -.---.-2 " shall fill up vacancies happening during the re- cess of the Senate - - - - - 2 u shall give information to Congress, and recom- mend measures - - - - - 2 20 4 2 37 1 8 18 1 8 18 45 2 28 2 28 2 28 2 28 2 29 3 29 * A stands for Amendment. 58 INDEX TO THE U. S. CONSTITUTION. Art 2 2 2 President may convene both Houses, or either House - " may adjourn them in case of disagreement " shall receive ambassadors and public ministers " shall take care that the laws be faithfully exe- cuted ..-...-2 " shall commission all officers. (See also 2 i. Cranch, 137.) Privileges and immunities of members of CongTess - 1 " of citizens. (See Citizens, also Rights.) Property, Congress to provide for care of public property 4 " shall not be taken for public use without just compensation ----- 5 Punishments, cruel and unusual, prohibited - - - 8 Q- Quorum, for business, what shall be - - - - 1 " of States, in choosing a President by the House of Representatives - - - - - 12 Quartered, no soldier to be quartered on a citizen - - 3 R. Receipts and expenditures, accounts of, to be published - Records, how to be authenticated. (See also vii. Cranch, 481 ; iii. Wheat. 234; vi. Wheat. 129 ; i. Pet. 81, 352; x. Serg. & Rawle, 242.) Religion, no law to be made, free exercise of. (See also iii. Yeates, 520.) " religious test not required - Reprieves, granted by the President .... Representatives, House of, composed of members chosen every second year. (See also v. Wheat. 422.) " " qualifications of inhabitants - " " qualifications of members " " apportionment of " " vacancies, how supplied " " shall choose their officers - " " shall have the power of im- peachment - - - •' " shall be the judge of the elec- tion and qualifications of its members - - - Soc. 3 3 3 3 3 29 29 30 30 30 13 36 43 45 12 48 42 42 1 2 7 1 2 6 1 2 6 1 2 8 1 2 8 11 * A stands for Amendment. INDEX TO THE U. S. CONSTITUTION. 59 Art. Representatives, House of, what shall be a quorum " " any number may adjourn and compel the attendance of absentees - n " may determine the rules of proceeding - " " may punish or expel a member " " shall keep a journal and pub- lish the same - «« " shall not adjourn for more than three days, nor to any other place, without the consent of the Senate « " one-fifth may require the yeas and nays ... « " shall originate bills for rais- ing revenue - - - " " compensation to be ascer- tained by law - - - " " privileged from arrest, except in certain cases Representatives, shall not be questioned for speech or debate in the House - " shall not be appointed to office - " Bhall not serve as electors of President " and direct taxes apportioned according to numbers. (See also v. Wheat. 3 1 7.) Representation of a State, vacancies in, supplied until a new election by executive authority - Resolution, order, or vote, requiring the concurrence of both Houses, to undergo the formalities of bills Revenue bills, to originate in House of Representatives - Rights of the citizen declared to be — privileges of citizens of the seve- ral States - " " liberty of conscience in matters of religion - " " . freedom of speech and of the press - - - - - " " to assemble and petition - Sec. Page 5 12 12 12 5 13 5 13 7 14 6 13 6 13 6 13 6 14 1 25 2 6 2 8 7 16 7 14 2 34 A* 42 A* 42 A* 42 * A stands for Amendment. 60 INDEX TO THE U. S. CONSTITUTION. Art. Sec. Page Rights of the citizen to keep and bear arms 1 A* 42 << « to be exempt from the quartering of soldiers - 3 A* 42 M « to be secure from unreasonable searches and seizures. (See 4 A* 43 also ill. Cranch, 448, 453 ; vi. Binney, 316.) « « to be free from answering for a^ crime, unless on presentment or indictment of a jury - 5 A» 43 « « not to be twice jeoparded for the same offence ... 5 A» 44 « u not to be compelled to be a wit- >5 ness against himself A* 44 " " provision for the appointment of £. (joint rule) 7 the Committee on 3 " " to be signed by the presiding officers of the Houses (joint rule) ----- 8 " " how to be presented to the President, and the time to be noted (joint rule) ... 9 " " not to be presented to the President on the last day of session (joint rule) - 17 Executive Departments, rules to be observed in calling for in- formation from heads of - 61 Executive communications, when to be read - 27 Excused from voting, rule relating to being (rescinded*) - 42 Excused trom serving on a committee, a member may be 9 Extra compensation forbidden ------ 150 F. Fees in cases of calls of the House, payment by members - 64 " of Sergeant-at-arms -------- 69 Friday, private business, precedence on 29 G. Galleries may be cleared in cases of disorder ... - 16 Governors, send journals to- - - - - - - 110 " admitted in the Hall 17 H. Hall to be under the direction of the Speaker - - - - 6 " persons who may be admitted within the - - - - 17 " this rule to be strictly executed ----- 20 " not to be used in the performance of Divine service, unless by consent of the Speaker ------ 140 *So much as relates to reasons for bein? excused rescinded at id sess. 29th Congress. 1 J 8 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. Hats off during session of House - Heads of Departments, calls for information from - Hour rule for speaking ------ Interested, members not to vote when - - - - - Indefinitely questions not to be resumed which are postponed Information, calls on the President and Departments for - Insert and strike out, questions indivisible - - - - Index to laws, to be made ------ J. Jefferson's Manual, to goven. in certain cases 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 examined by the Speaker ------ « to be printed and distributed within thirty days after the adjournment -------- " written motions to be entered - " to be sent to Governors ------ Laws to be signed by the Speaker ------ " index to be made -------. Lie on the table, precedence of a motion to " " no debate on a motion to Lie on the table one day, all matters requiring the concurrence of the Senate to - u " " all calls on Executive officers for in- formation shall - - - - " " " motion to print extra numbers Library of Clerk's office, books to be retained - Lobby may be cleared in cases of disorder - M. Mace, or symbol of office of the Sergeant - Maps, not printed under common order - - . Manual, Jefferson's, to govern in certain cases Memorials, when to be presented - " rules to be observed on the presentation of " names of members presenting Members, not to vote, when interested - - - " to be furnished with extra set of documents Rule 39 61 34 40 52 61 53 146 139 59 15 1 6 142 44 110 15 146 46 48 59 61 81 143 16 68 148 139 23 23,24 60 40 144 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 119 Rule Members, to sit uncovered ....... 39 " their names to be called alphabetically ... 62 " proceedings against absentees at call - - - 63, 64 " to be paid by Sergeant-at-arms ..... 70 " may address the House from the Clerk's desk, or a place near by------- 32 Messages between the two Houses, how to be announced and delivered (joint rules) ...... 2, 3 " by whom to be sent (joint rule) .... 4 Messages from Senate, when considered ..... 27 Messages from President, when read ..... 27 Mileage, duty of Committee on ...... 103 Morning hour, for reports and resolutions .... 27 " " no suspension during ..... 136 Motions, to be stated by the Speaker or read by the Clerk - - 43 " if desired, shall be reduced to writing .... 44 " when to be considered as in possession of the House - 45 " precedence and order of certain .... 47,48,130 " may be committed at pleasure ..... 54 " when they may be withdrawn - 44, 45 N. Name of member presenting petitions ..... 60 " " presenting resolution - 60 Nomination, cases in which it shall be necessary ... 13 Newspapers, reporters to give names of - 19 O. Order, proceedings in cases of calls to - - . _ - 35 36 " Speaker to decide questions of 2 " Speaker to make calls to ----- . 35 " Clerk to note questions of - - - - . . m " questions of, arising after previous question, no debate - 51 Order of business of the session -----. 22 " " of the day ....... 23 " " postponed or changed - - - - - 136 Order op calling for petitions ..... 23 " " for reports of committees ... 25 Orders of the day, when to be called ..... 27 " " may be moved pending consideration or dis- cussion of reports and resolutions - 27 " " unfinished business to have precedence in - 58 120 INDEX TO THE RT'LES OF THE HOUSE OF REPRESENTATIVES. P. Pat of members, by Sergeant-at-arms - Petitions, when they may be presented - " rules to be observed on presentation of " rule respecting debate on - " may be handed to the Clerk - " name of member presenting - Personality in debate to be avoided - Postmaster General, calls for information from - Postmaster of House to be appointed - Postponed indefinitely, effect of question which is - Postpone, to day certain, orde r of motion - " or change order of business - Precedence, or ~i , , ... ... . , 5- to be decided without debate •Priority of business, j Precedence of motions -------. President, rules to be observed in calling for information from the " manner of presenting bills and resolutions to the (joint rule) ........ " manner of presenting joint addresses to the (joint rule) ........ " no bill or resolution to be presented on the last day of the session to the (joint rule) - - - - Printing of the two Houses, Committee on (joint rule) - Printing, Committee on, may report at any time (joint rule) Printing of Journals to be completed within thirty days after an adjournment- .... Printing of bills, joint rule relating to (joint rule) - Printing, motion for extra numbers to lie one day ... Previous auESTioN, order of motion for " " rules relating to the - Private business, to have preference on Fridays and Saturdays " to be called over on first and fourth Fridays of every month, and preference given to, if not objected to ..... Privileged characters, to come within the Hall, named - " rules respecting, to be strictly executed Q- Questions, precedence of manner of putting ..... decorum to be observed during the putting of may be divided, and the manner of dividing Rule 70 23 23,24 24 24 60 31 61 75 52 46 136 113 46 61 9 11 17 20 21 142 18 61 46 50,51 29 46 4 39 53 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. Rule Questions to be propounded in the order in which they are moved -------- 130 Quorum, fifteen members may compel the attendance of a - - 65 " how compelled in Committee of the Whole - - 126 R. Reading a paper, if objected to, rule respecting the - 57 Reconsider, rule respecting motions to 56 Reference, order and precedence of motions of - - 47 " of motions to be at the pleasure of the House - 54 Reporters, rules respecting - - - - - - -18, 19 Reports, may be committed at pleasure ----- 54 Reports of committees, when to be made - - - 25 Reports to be made to Congress, Clerk to make a list of - 109 Resolutions, when they may be submitted .... 25, 26 " only one at a time ------ 25 " every alternate Monday set aside for - - 26 " those giving rise to debate to lie over - - - 26 " cannot be amended by adding other resolutions - 55 " requiring assent of the Senate, to be laid on the table one day before acting on, &c. - - - 59 " calling on Executive officers for information, to lie one day --, 61 " name of member moving .... 60 " orders, votes, &c, requiring the President's appro bation, shall be signed and presented as in cases of bills (see Bilk) (joint rule) - - - - 10 " passed one House and lost in the other, notice to be given (joint rule) ------ 12 " not to be presented to the President on the last day of the session (joint rule) - - 17 Riders, engrossed bills not to be amended by - - - - 122 Rooms, Speaker to dispose of unappropriated - - - . 147 Rules, how to be amended, rescinded, or suspended - - - 130 " majority may suspend, to go into Committee of the Whole on the state of the Union ------ 136 " shall not be suspended, except on Monday only, to go into Committee of the Whole ------ 137 Saturday, private bills precedence on 29 Secjiecy, rule relating to -•---... 112 " Sergeant-at-arms sworn to ----- - 72 " Doorkeepers sworn to ----- - 74 11 122 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. Rule 59 27 27 2,3 67 69 68 70 71 72 1 2 3 2 6 6 7 33 35 147 6 12 15 140 25 Senate, all orders to be laid on the table one day which require the assent of the „--■•■-" » bills and resolutions, when to be read - - - - " consider messages from ------ » messages to and from (joint rules) . - - - Sergeant-at-arms, to be appointed, and duties of the « « fees of the ------ « « his mace or symbol of office - « « to pay members . - - - - « « to give bond ------ « « to be sworn to secrecy - - - - Speaker, to take the chair at ti.e hour of meeting - " to have preference in speaking to order - " to rise to put a question " to decide questions of order - " to examine the Journal ------ " to have direction over the Hall - - - - - « to appoint committees ------ " to name member who is to speak - - - - " to call members to order ------ " to have direction over unappropriated rooms " may substitute a member in his place - - - - " case in which he shall or may vote - - - - " to sign acts, addresses, writs, subpoenas, &c. " Divine service not to be performed in the Hall, unless by consent of the ------- Speaker's table, mode of disposing of business on - Speaking, rules to be observed in the House - 31, 32, 33, 34, 35, 36, 37 " " " in Committee - - - - 134, 32 " private discourse not to be entertained, nor is any person to pass between the chair and the member who is -------- 39 Speak, Speaker to designate the member who is first to - - 33 " no member to speak more than once or twice - - 37,38, 134 Speech, no speech to exceed an hour ----- 34 Spirits, not to be brought within or about the Capitol (joint rule) 19 Stenographers, may be admitted on the floor, &c. - - - 18 " further regulations for 19 Strike out and insert, rules respecting motions to - 53 Substitute for a proposition, rule respecting a - - - - 55 Summons, to be signed by the Speaker ... - 15 Suspension of rules, two-thirds necessary - - - 136 " " only to be permitted on Monday - - 137 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 123 Taxes or Duties, respecting the imposition of - Tellers may be appointed to count in certain cases - U. Uncovered, members to sit - Unfinished business, to have precedence, &c. - V. Vote, may be taken on each item of appropriation ... " no member to vote when interested, or without the bar " every member present shall vote, unless excused " to be given viva voce * . • Voting, manner of------.-. " who are to be excluded from ..... " if a member requests to vote, he is to be interrogated by the Speaker ----.-.- Viva voce, elections to be by - W. Witnesses, how to be subpoenaed - " rule for compensating ..... Withdrawal of motions, rule respecting the ... Writs, Subpcenas, &c, to be signed by the Speake &*. Writing, motions to be reduced to, if desired Words excepted to, to be reduced to writing Y. Yeas and Nats, when calling, no one to go near the table - " " to be taken alphabetically ... Rule 131, 132 4 39 58 151 40,41 42 14 4 40,41 40 14 15 141 44,45 15 44 36 INSIDE VIEW OF A LEGISLATIVE HALL v mm sff QW mm -d JOLT a QCE Kl ON THE PLAN OF THE HOUSE OF REPRESENTATIVES, U. S. _ " (124) ~" RULES OF THE U. S. SENATE. 125 RULES CONDUCTING BUSINESS SENATE OF THE UNITED STATES. Rule 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. R. 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. R. 3. Every member, when he speaks, shall address the Chair, standing in his place ; and, when he has fin- ished, shall sit down. R. 4. No member shall speak more than twice, in any one debate, on the same day, without leave of the Senate. R. 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. R. 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 President, with- 11* 126 RULES OF THE U. S. SENATE. out debate, subject to an appeal to the Senate ; and the President may call for the sense of the Senate on any question of order. R. 7. If the member be called to order by a senator for words spoken, the exceptionable words shall immedi- ately be taken down in writing, that the President may be better enabled to judge of the matter. R. 8. No member shall absent himself from the service of the Senate, without leave of the Senate first obtained. And, in case a less numuer 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 ex- pense of such absent members, respectively, unless such excuse for non-attendance shall be made as the Senate, when a quorum is convened, shall judge sufficient ; and, in that case, the expense shall be paid out of the contin- gent 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. R. 9. No motion shall be debated until the same shall be seconded. R. 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, before the same shall be debated. R. 11. When a question is under debate, no motion shall be received but, 1st, to adjourn, 2d, to lie on the table, 3d, to postpone indefinitely, 4th, to postpone to a day certain, 5th, to commit, or, 6th, 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. R. 12. If the question in debate contains several points, RULES OF THE U. S. SENATE. 127 any member may have the same divided : but, on a mo- tion to strike out and insert, it shall not be in order to move for a division of the question : but the rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different pro- position ; nor prevent a subsequent motion, simply to strike out ; nor shall the rejection of a motion simply to strike out prevent a subsequent motion to strike out and insert. R. 13. In filling up blanks, the largest sum and longest time shall be first put. R. 14. When the reading of a paper is called for, and the same is objected to by any member, it shall be deter- mined by a vote of the Senate, and without debate. R. 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. R. 1 6. 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 assent or dissent to the question. In taking the yeas and nays, and upon the call of the house, the names of the mem- bers shall be taken alphabetically. R. 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. R. 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 secrecy, the President shall direct the gallery to be cleared ; and, during the discussion of such motion, the doors shall remain shut. * See Art. I., Sec. 5., page 12 Constitution of the U. States. 128 RULES OF THE U. S. SENATE. R. 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 ad- dress, or to hear any such read. R. 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 reconsidera- tion thereof: but no motion for the reconsideration of any vote shall be in order after a bill, resolution, mes- sage, report, amendment or motion upon which 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 next two days of actual session of the Senate thereafter. R. 21. When the Senate are equally divided, the Secre- tary shall take the decision of the President. R. 22. All questions shall be put by the President of the Senate, either in the presence or absence of the Presi- dent of the United States ; and the senators shall signify their assent or dissent, by answering, ay* or no.* R. 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. R. 24. After the Journal is read, the President shall first call for petitions, and then for reports from standing committees ; and every petition or memorial, or other paper, shall be referred, of course, without putting a question for that purpose, unless the reference is objected to by a member at the time such petition, memorial, or other paper, is presented. And before any petition or memorial, addressed to the Senate, shall be received and raad at the table, whether the same shall be introduced * See Constitution of the U. States, Art. I., Sec. 5, p. 12. RULES OF THE U. S. SENATE. 129 by the President or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the introducer. R. 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, with- out special order. R. 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 Sen- ate unanimously direct otherwise. And all resolutions 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 contin- gent 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 considera- tion, and also reports of committees. R. 27. No bill shall be committed or amended until it shall have been twice read, after which it may be referred to a committee. R. 28. All bills on a second reading shall first be con- sidered by the Senate in the same manner as if the Sen- ate were in committee of the whole, before they shall be taken up and proceeded on by the Senate agreeably 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 President, or Presi- dent pro tempore, may call a member to fill the chair, dur- ing 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. 13( RULES OF THE U. S. SENATE. R. 29. The final question, upon the second reading of every bill, resolution, constitutional amendment, or mo- tion, originating in the Senate, and requiring three read- ji ings 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 reported by the com- mittee, the said bill, resolution, constitutional amendment, or motion, shall be again read a second time, and con- sidered as in committee of the whole, and then the afore- said question shall be again put. R. 30. The special orders of the day shall not be called by the Chair before one o'clock, unless otherwise directed by the Senate. R. 31. The titles of bills, and such parts thereof only as shall be affected by proposed amendments, shall be inserted on the Journals. R. 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, and a brief statement of the contents of each petition, memorial, or paper, presented to the Senate, shall also be inserted on the Journal. R. 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. RULES OF THE U. S. SENATE. 131 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 Revolutionary Claims. A Committee on the Judiciary. A Committee on the Post Office and Post Roads. A Committee on Roads and Canals. A Committee on Pensions. A Committee on the District of Columbia. A Committee on Patents and the Patent Office. A Committee on Retrenchment, to consist of five mem- bers, whose duty it shall be to take into consideration the expenditures of the government in the several depart- ments thereof, and to inquire whether any, and, if any, what retrenchment can be made, without injury to the public service ; and to report thereupon, together with such propositions relative thereto as to them shall seem expedient. A Committee on Territories, to consist of five mem- bers. A Committee of three members, whose duty it shall be to audit and control the contingent expenses of the Senate. A Committee on Public Buildings, to consist of three members, to act jointly with the same committee of the House of Representatives. A Committee on Printing, to consist of three members, to whom shall be referred every question on the printing of documents, reports, or other matter transmitted by 132 RULES OF THE U. S. SENATE. either of the executive departments, and all memorials, petitions, accompanying documents, together with all other matter, the printing of which shall be moved, ex- cepting bills originating in Congress, resolutions offered by any senator, communications from the legislatures of the respective States, and motions to print by order of the standing committees of the Senate ; and it shall be the duty of such Committee on Printing to report in every case in one day, or sooner, if practicable 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 shall deliver the same to the Secretary of the Senate, who shall enter upon the Journal that the same have been correctly engrossed. R. 34. In the appointment of the standing committees the Senate will proceed by ballot 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 ne- cessary to the choice of a chairman of a standing com- mittee. All 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 referred to such committee. R. 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 com- mittee shall be first put. R. 36. When nominations shall be made in writing by the President of the United States to the Senate, a future day shall be assigned, unless the Senate unanimously direct otherwise, for taking them into consideration. Nominations neither approved nor rejected during the session at which they are made, shall not be acted upon RULES OF THE U. S. SENATE. 133 at any succeeding session without being again made by the President. When the President of the United States shall meet the Senate in the Senate chamber, the Presi- dent of the Senate shall have a chair on the floor, con- sidered 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 senators shall attend at the place appointed. The Secretary of the Senate shall also attend to take the minutes of the Senate. R. 37. 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 subse- quent day ; when it shall be taken up as in committee of the whole, and every one shall be free to move a ques- tion 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 requisite to decide affirmatively. And when through the whole, the proceedings shall be stated to the house, and questions shall be again severally put thereon for con- firmation, or new ones proposed, requiring, in like man- ner, a concurrence of two-thirds, for whatever is retained 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 subsequent day, when every one shall again be free to move amendments, either by inserting or leaving out words ; in which last 12 Y/OR.Rulb H. Reps. 134 RULES OP THE U. S. SENATE. Cor. Rulei IJ Reps. ! case, the question shall be, " Shall these words stand as part of the resolution ?" And, in both cases, the concur- rence of two-thirds shall be requisite to carry the affirma- tive, as well as, on the final question, to advise and con- sent to the ratification in the form agreed to. R. 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. R. 39. All information or remarks, touching or con- cerning the character or qualifications of any person nominated by the President to office, shall be kept secret. R. 40. When acting on confidential or executive busi- ness, the Senate shall be cleared of all persons, except the Secretary, the principal or the executive Clerk, the Ser- geant-at-arms and Doorkeeper, and the Assistant Door- keeper. R. 41. The legislative proceedings, the executive pro- ceedings, and the confidential legislative proceedings of the Senate, shall be kept in separate and distinct books.* R. 42. The President of the United States shall, from time to time, be furnished with an authenticated transcript of the executive records of the Senate ; and all nomina- tions approved, or definitively acted on by the Senate, shall be returned by the Secretary, from day to day, as such proceedings may occur ; but no further extract from the executive Journal shall be furnished, except by spe- cial order; and no paper, except original treaties trans- mitted to the Senate by the President of the United States, or any executive officer, shall be returned or de- livered from the office of the Secretary, without an order afthe Senate for that purpose. * See Constitution of the U. States, Art. I., Sec. 5, p. 12. RULES OF THE U. S. SENATE. 135 R. 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 to decide any question for amendments, or extending to the merits, being short of the final question. R. 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 motion for reconsideration shall be decided by a majority of votes. R. 45. Messages shall be sent to the House of Repre- sentatives by the Secretary, who shall previously endorse the final determination of the Senate thereon. R. 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. R. 47. The following persons, and none others, shall be admitted on the floor of the Senate : members of the House of Representatives, and their Clerk ; the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Attorney General, and the Postmaster General ; the private Secretary of the President, 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 con- duct in the service of their country, or who have received medals by a vote of Congress ; the governor for the time being of any State or Territory of the Union ; the ex- governors of the several States; the ex-officers of the Senate ; such gentlemen as have been heads of depart- ments, or members of either branch of Congress ; persons who, for the time being, belong to the respective State and Territorial legislatures ; and persons belonging to Cor. Kui.r H. Reps. CnuB.U.8 Art, V , St. J. Rule 56, II Rep*. Joint R. 4 Rule 27, H. Reps Rule 17, II. Reps. 136 RULES OF THE U. S. SENATE. such legislatures of foreign governments as are in amity with the United States. R. 48. The presiding officer of the Senate shall have the regulation of such parts of the Capitol and of its pas- sages as are or may be set apart for the use of the Senate and its officers. R. 49. Whenever a claim is presented to the Senate and referred to a committee, and the committee report that the claim ought not to be allowed, and the report be adopted by the Senate, it shall not be in order to move to take the papers from the files for the purpose of referring them at a subsequent session, unless the claimants shall present a memorial for that purpose, stating in what manner the committee have erred in their report, or that new evidence has been discovered since the report, and setting forth the new evidence in the memorial : Pro- vided, That this rule shall not extend to any case where an adverse report, not in writing, shall have been made prior to the 25th of January, 1842. R. 50. Any officer or member of the Senate convicted of disclosing for publication any written or printed matter directed by the Senate to be held in confidence shall be liable, if an officer, to dismissal from the service of the Senate, and, in the case of a member, to suffer expulsion from the body. INDEX TO THE RULES OF THE U. S. SENATE. 137 INDEX THE RULES OF THE SENATE THE UNITED STATES. Absence, from the Senate, not allowed without leave- » " without leave, in cases of, the Sergeant-at-arms may be sent Adjournment, motion for, has precedence - Admission on the floor, the persons entitled to - Amendments to a resolution to amend the Constitution, carried by a majority ... Appeal allowed from the decision of the President - Rule 8 11 47 B. Bills may be introduced upon one day's notice - - - -25 " shall be read twice before amendment or reference - - -27 " reported, shall be printed ..-.---25 " shall receive three readings on different days - - - - 26 " on second reading, considered as in committee of the whole - 28 " proceedings on, at different stages ------ 29 " titles of, only, and parts affected by amendments, inserted on the Journal ----------31 " engrossed, how examined, reported, and entered - - - 33 " joint rule relative to printing of ------ 18 Blanks, in filling, what motions have preference - - - - 13 Business, unfinished, has preference -15 12* INDEX TO THE RULES OF THE U. S. SENATE. c. Rule Chair to be addressed - - - 3 Character of persons nominated to be kept secret - - - - 39 Claims, effect of decisions upon -------49 Commit, motion to, in order at any time before final passage - - 29 Committees, standing ---------33 " how appointed --------34 " reports from standing, when received - - - - 24 " reports of, to lie one day ------ 26 Communications, confidential to be kept secret - - - - 38 Confidence, respecting violations of ------ 50 Consent, bills may be read three times in one day, by unanimous - 26 " nominations may be considered on the day received, by unani- mous ----------36 Constitution, what majority requisite to amend a resolution proposing amendments to the ------ 43 Conversation among the members, not allowed during the debate, or while papers are reading .... - 2 D. Debate, no member to speak more than twice, in one day, in the same, 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 Expulsion, a cause for - Floor of Senate, the persons entitled to admission on the 17 G. Galleries, when they shall be cleared U INDEX TO THE RULES OF THE U. S. SENATE. 139 J. Rule 1 Journal, to be read on a quorum assembling - - - - " to contain the titles only of bills, and the parts affected by proposed amendments ■ - - - - - - 31 " every vote to be entered on ------ 32 " a brief statement of every memorial, petition, and paper, to be entered on -------- 32 " to be as concise as possible, when acting as in committee of the whole ---------32 " engrossed bills to be entered on - - - - - - 32 Leave to bring in a bill, one day's notice of motion for required - - 25 M. Members, prohibited from speaking to each other during debate - - 2 " present, not a quorum, empowered to send for absent mem- bers -..-.-.---8 " shall express assent or dissent by ay or no - - - 22 Member, when he speaks, shall address the chair .... 3 ■ after speaking shall sit down ------ 3 " shall speak but twice the same day, in one debate, without leave ----------4 " first rising and addressing the chair, shall speak first - - 5 " called to order by the President or senator, shall sit down - C " words of, shall be taken down, when called to order by a senator --------- " shall not absent himself without leave - - - - " any, may desire a motion to be reduced to writing - - 10 " may have a question divided, if susceptible of division - - 12 " required to vote when yeas and nays are called - - 16 " not allowed to vote after decision is announced - - - 17 Memorial or Petition, contents of, shall be stated before received and read ------ 24 « " when received ------ 24 " " how referred ------ 24 " " contents of, to be entered on the Journal - 32 Messengers, when introduced - - - - - - -46 Motion, not to be debated until seconded ------ 9 " made and seconded, shall, if desired, be reduced to writing - 10 " to be read before debated - .....io 40 INDEX TO THE RULES OF THE U. S. SENATE. Motion, to adjourn has preference ------- to adjourn, to be decided without debate - privileged, what shall be, when a subject is under debate privileged in filling blanks ------- privileged, in reference to select or standing committees to close the galleries, shall be discussed confidentially - to admit persons for the purpose of presenting memorial, not in order --------- to reconsider, when and by whom may be made - - - N. Newspapers, not to be read while a member is speaking - Nominations not to be considered on the day received, unless by con- sent .-------- " not finally acted on during the session, to fall Notice of one day required of an intended motion for leave to bring in a bill Papers and Documents not to be printed without special order - Persons not admitted to present a memorial, &c. - " entitled to admission on floor, the -- Petition, before received, contents of, to be stated - - - " when received - " how referred -------- " contents of those presented to be entered on the Journal Rule 11 11 11 13 35 18 19 44 25 o. Officer of the Senate, for what liable to dismissal - - - 50 Orders of the day, special, not called before one o'clock - - - 30 " of the day, special, unfinished business has preference in - 15 Order, interruption of---.--""-*"* " upon a call to, the member shall sit down - - - - 6 " questions of, to be decided without debate - - - - 6 " appeals on questions of, may be made from the President's de- cision ----------6 " on questions of, the President may require the sense of the Senate 6 " upon a call to, by a senator, for words spoken, the exceptionable words shall be taken down ------ 7 INDEX TO THE RULES OF THE U. S. SENATE. 141 Rule President to be first addressed by the speaker ----- 3 " to decide when two or more rise at the same time to speak 5 " to decide questions of order ----.. 6 " may call for the sense of the Senate on a question of order ----.....6 " may desire a motion to be reduced to writing - - - 10 " to decide on an equal division - - - - - - 21 " decision of, on an equal division, to be taken by the Secre- tary 21 " shall put all questions 22 " may, for a limited time, name a member to perform the duties of the Chair --23 " may appoint a chairman, while the Senate are acting as in committee of the whole ...... 28 " to give notice of the several readings of bills - - - 26 " to have the regulation of the parts of the Capitol appropri- ated to the Senate ....... " to be assigned the President's chair when attending the de- liberations of the Senate ...... Presiding officer of the Senate to have the regulation of certain parts of the Capitol ..... Privilege of admission to the floor, persons entitled to 48 36 Q. Question under debate, when, and by what motions superseded - -11 " may be divided ........12 " final, on second reading ----..-29 " to be decided, ay or no - - - - - - - 22 " to be put by the President of the Senate - - - - 22 " on amending the Constitution, short of the main question, to be determined by a majority ..... 43 Quorum, proceedings when a less number shall have assembled 8 R. Reading newspapers prohibited while the Journals or public papers are reading or a member speaking 2 " of a paper called for, and objected to, to be decided by the Senate 14 Reconsideration, motion for, may be made by one of the majority - 20 or by a member of the side that prevailed - - 44 142 INDEX TO THE RULES OF THE U. S. SENATE. Reconsideration, motion for, must be made within two days after vote ...---=■- « motion for, must be made before the subject-matter is out of possession of Senate - - - - « of a question requiring the affirmative vote of two- thirds, to be determined by a majority Record, executive, extracts from, prohibited - Reference of petitions, &c, how made ------ Reports of standing committees, when received - " of committees, to lie one day ------ Resolutions, requiring approbation of the President to amend Consti- tution, and gr^nt money, to be treated as bilk - " other, to lie one day ------- " on third reading, amended only by consent - " engrossed, recommitted, and reported, to be again read a second time -------- Rale 20 20 44 42 24 24 26 26 26 29 29 Secrecy enjoined on confidential communications - - - - 38 " enjoined on remarks on persons nominated - - - - 39 " enjoined on treaties --------38 Secretary to endorse bills passed, &c. - - - - - - 45 " to take the decision of the Vice President when the Senate is equally divided - - - - - - -21 to receive from committee, and enter engrossed bills - - 33 to furnish the President with transcripts of executive Jour- nal 42 to attend and take minutes when Senate is convened to any other place .-------36 to make returns on nominations, from day to day - - 42 to return or deliver no paper, except original treaties, with- out order of Senate -------42 to furnish no extract from executive Journal without spe- cial order ---------42 to convey messages to House of Representatives - - 45 Senate, proceedings of, when a number less than a quorum shall have assembled ---------8 " proceedings of, in quasi committee, to be entered concisely - 32 " ceremonial proceedings when met by the President of the United States at any other place than the Senate Cham- ber 36 INDEX TO THE RULES OF THE U. S. SENATE. 143 Senate, relating to the executive proceedings of - < I * who shall be admitted when engaged in executive or confi- dential business -------- " the proceedings of, to be recorded separately . . - " transcripts and extracts from executive records, in what cases furnished --------- « votes of, to be entered on Journal - " contents of memorials and petitions presented to, to be entered on the Journal -------- " shall be cleared of all persons except their officers, when act- ing on executive business ------ " executive proceedings of, to be recorded separately from the legislative --------- Speaking, among the members, prohibited during debate - - - " more than twice in one day, on the same subject, pro- hibited --------- Rule 36 37 38 39 40 40 41 43 32 32 40 41 2 T. - 13 - 37 - 38 16 Time, longest, first put ------- Treaties, proceedings on ----- - " to be kept secret, until injunction be removed - U. Unfinished business, has preference in special orders V. Vice President, or President pro tempore, may appoint a chair- man -- 23 Vote, every, to be entered on the journal ------ 32 " no member allowed to, after decision is announced - - - 17 W. Words, exceptionable, shall be taken down, when a call to order is made by a senator .-------7 J 44 INDEX TO THE RULES OF THE U. S. SENATE. Y. Rule Yeas and Nats, to be called alphabetically 16 <( «< may be required by one-fifth - - - - - 16 him to report the same without any amendment, or with sundry amend- ments, (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 'Now, now,' from the House, generally dis- penses 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 on 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. ] SECTION XXIII 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 sometimes 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 Committee, and a new resolution must be again moved, as if nothing had passed. [ 3 Hats. 131, note. ]* A particular clause of a bill may be committed without the whole bill, [ 3 Hats. 131, ] or so much of a paper to one, and so much to another Committee. SECTION XXIV BILL, REPORT TAKEN UP. When the report of a paper, originating with a Committee, is taken up by the House, they proceed exactly as in Committee. Here, as in Com- mittee, when the paragraphs have, on distinct questions, been agreed i I P- 103 - * In the Senate, January, 1800, the Salvage Bill was recommitted three times after the commitment. ICG QUASI-OOMMITTEE — BILL, SECOND READING IN THE HOUSE. to seriatim,* [5 Grey, 366. 6 Grey, 368. 8 Grey, 47, 104, 360. 1 Torbuck's deb. 125. 3 Hats. 348, ] no question need be put on the whole 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 are adopted or rejected, before any other amendment be admitted, except it be an amendment 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 ques- tion whether the bill shall be read a third time? SECTION XXV. QUASlf-COMMITTEE. The particular form of Parliamentary proceeding in Committee of the whole House is 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 reported 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, keep- ing down the improper discussion by the previous question. 5. A Com- mittee 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. SECTION XXVI. 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 committed, or if no proposition for com- mitment be made, the Speaker reads it by paragraphs, pausing between * In regular order. t Just as if. This means where the whole assembly act just as if in Committee, or a Committee of the whole House. BILL, SECOND READING IN THE HOUSE. 107 each, but putting no question but on amendments proposed ; and when through the whole, he puts the question whether it shall be read a third time ? if it came from the other House. Or, if originating with them- selves, whether it shall be engrossed and read a third time ? The Speaker reads sitting, but rises to put questions. The Clerk stands while he reads. The bill being now as perfect as its friends can make it, this is the proper stage for those fundamentally opposed to make their first attack. All attempts at earlier 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 sufficient 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 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 acci- dent 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. ] 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 vote on them. But it is a great, though com- mon error, to suppose that he has a right, toties quoties,* to have acts, journals, accounts or papers on the table read independently of the will of the House. The delay and interruption 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 ou which he is to vote, that when he desires the reading, if it be seen that it is really for information, 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 contains matter infringing on the privileges of the House. [2 Hats. 117, 118.] 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 rio-or 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 refused, but where that is intended. [ 2 Grey, 227. ] 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 nobody can oppose it. [ 2 Hats. 117. ] * Whenever this may occur. 168 PRIVILEGED QUESTIONS. SECTION XXVII PRIVILEGED QUESTIONS. 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. 95. Ord. House of Commons, 64. ] It is a general rule that the question first moved and seconded shall be first put. [ Scob. 22, 28. 2 Hats. 81. ] But this rule gives way to -what may be called privileged questions ; and the privileged ques- tions are of different grade" 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 adjourn- ment. 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 further debate is permitted on the question which was before the House; for if the debate might pro- ceed, it might continue through the day, and defeat the order. This motion, 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. 83. ] For priority of order gives priority of right, which cannot be taken away but by another special 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 adopted, 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. 188, 189. ] 2. But as tne 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 indefinite adjourn- ment is a dissolution or the continuance of a suit, sine dief is a discon- tinuance of it. 3. When a motion is made which it will be proper to act on nt infor- mation is wanted, or something more pressing claims the present time, For this time. f Without naming any particular day. PRIVILEGED QUESTIONS. 1G9 the question or debate is adjourned to such day within the session as will answer the views of the House. [2 Hats. 81. ] And those who have spoken before may not speak again when the adjourned debate is resumed. [ 2 Hats. 73. ] Sometimes, 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 atten- tion, but would be willing to reserve in their power to take up a pro- position 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 conveniently admit, they refer it to a Committee. 6. But if the proposition be well digested, and may need but few and simple amendments, and especially if these be of leading consequence, the whole House may then proceed to consider and amend it. Have these questions any privilege among themselves ? Or are they so equal that the common principle of the 'first moved, first put,' takes place among them ? This will need explanation. Their competitions may be as follows : 1. Previous question and postpone. " " commit. " " amend. 2. Postpone and previous question. " " commit. " " amend. 3. Commit and previous question, f of the fourth class, the rule u a postpone, 'first moved first put' takes " " amend. 4. Amend and previous question. " " postpone. " " commit. In the first class, where the previous question is first moved, the effect is peculiar. For it not only prevents the after motion to post- pone or commit from being put to question before it, but also from being put after it. For if the previous question be decided affirmatively, to wit, that the main question 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 main question shall not now be put, this puts the House out of possession of the main question, and conse- quently there is nothing before them to postpone or commit. So that neither voting for or against the previous question, will enable the advocates for postponing or committing to get at their object. Whether it may be amended shall be examined hereafter. Second class. If postponement be decided affirmatively, the propo- sition is removed from before the House, and consequently there is no ground for the previous question, commitment, or amendment. But, if decided negatively, that it shall not be postponed, the main question may then be suppressed by the previous question, or may be committed, or amended. The third class is subject to the same observations as the second. The fourth class. Amendment of the main question first moved, and afterwards the previous question, the question of amendment shall be first put. 15 In the first, second, and third classes, and the first member place. 170 PRIVILEGED QUESTIONS. Amendment and postponement competing, postponement is first put, | as'the equivalent proposition to adjourn the main question would be in j Parliament. The reason is, that the question for amendment is not sup- pressed by postponing or adjourning the main question, but remains before the House whenever the main question 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 committing, though last moved, shall be first put : because in truth it facilitates and befriends the motion to amend. Scobell is express. ' 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 between themselves, when both were moved on the original or main question ; but now let us suppose one of them to be moved, not on the original primary question, but on the secondary one for example. Suppose a motion to postpone, commit or amend the main question, and that it be moved to suppress that motion by putting a previous question on it. This is not allowed : because it would embarrass ques- tions 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 commitment, or amend- ment, 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 question. 1. It would be absurd to postpone the previous 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 when a main question is before the House no motion shall be received but to commit, amend or pre- question the original question. 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, com- mitment or amendment. Suppose a commitment moved of a motion for the previous question, or to postpone or amend. The first, second and third 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 fixes its forms to be, Shall the main ques- tion be now put? i. e., at this instant. And as the present instant is but one, it can admit 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 indefinite time. The useful character of amendment gives it a privilege of attach- ing itself to a secondary and priviledged motion. That is, we may amend a postponement of a main question. So we may amend a com- mitment of a main question, as by adding, for example, 'with instruc- PRIVILEGED QUESTIONS. 171 tions to inquire, &c.' In like manner, if an amendment be moved to an amendment, it is admitted. But it would not be admitted in another degree, to wit : to amend an amendment to an amendment of a main question. This would lead to too much embarrassment. The line must be drawn somewhere, and usage has drawn it after the amendment to the amendment. The same result nnist 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. In filling a blank with a sum, the motion must be first put on the smallest sum and longest time. [5 Grey, 179. 2 Hats. 81, 83. 3 Hats. 132, 133. ] And this is considered to be, not in the form of an amendment to the question, but as alternative or succes- sive 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 Committee, amount of a fine, term of an imprisonment, the terminus in quem,* or in any other case. Then the question must begin a maximo.f Or whether the lesser concludes the greater, as in questions on the limita- tion of the rate of interest, on what day the session shall be closed by adjournment, on what day the next shall commence, or the teminus a quo J 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 negative it, and yet, if he should vote in the affirmative, every question for more would be precluded ; but at that extreme which would unite few, and then to advance or recede till you get to a number which will unite a bare majority. [3 Grey, 376, 384, 385. ] ' The fair question in this case is not that to which and more all will agree, but whether there shall be addition to the question.' [ 1 Grey, 3o5. ] Another exception to the rule of priority is when a motion has been made to strike out, or agree to a paragraph. Motions to amend it are to be put to the question before a vote is taken on striking out, or agreeing to the whole paragraph. But there are several questions, which being incidental to every one, will take place of every one, privileged or not, to wit : a question of order arising out of any other question, must be decided before that question. [ 2 Hats. 88. ] A matter of privilege arising out of any question, or from a quarrel between two members, or any other cause, supersedes the consideration of the original question, and must be first disposed of. [ 2 Hats. 88. ] Reading papers relative to the question before the House. This question must be put before the principal one. [ 2 Hats. 88. ] Leave asked to withdraw a motion. The rule of parliament being that a motion made and seconded is in possession of" the House, and cannot be withdrawn without leave, the very terms of the rule imply that leave may be given, and consequently may be asked and put to the question. * Term of irrecleemability of a loan. + From the greatest. t When an act shall commence. $ From the least. THE PREVIOUS QUESTION. SECTION XXVIII. THE PREVIOUS QUESTION. When any question is before the House, any member may move a previous question, ' Whether that question (called the main question) shall now be put?' If it pass in the affirmative, then the main ques- tion is to be put immediately, and no man may speak any thing further to it, either to add or alter. [Menior. in Hakew. 28. 4 Grey, 27.] 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 nega- tive suppressed the main question during the session ; but since the words ' now put' are used, they exclude it for the present only. For- merly, 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 main 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 previous question. The use of it has been extended abusively to other cases : but in these it is an embar- rassing procedure : its uses would be as well answered by other more simple parliamentary forms, and therefore it should not be favored, but restricted within as narrow limits as possible. Whether a main question may be amended, after the previous ques- tion on it has been moved and seconded ? 2 Hats. 88, says, if the pre- vious 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 admitted 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 proceeding certainly endangers 'the main question, by dividing its friends, some of whom may choose it unamended, 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 amended form. The enemies to the main question, by this manoeuvre of 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 embarrassment of rallying again as they can. To support his opinion, too, he makes the deciding circumstance, whether an AMENDMENTS. 173 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 can- not 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 dis- cussed, this object may be defeated by moving to amend, and, in the discussion of that motion, involving the subject of the main question. But so may the object of the previous question be defeated by moving the amended question, as Mr. Hatsell proposes, after the decision against putting the original question. He acknowledges, too, that the practice has been to admit a previous amendment, and only cites a few late instances to the contrary. On the whole, I should think it best to decide it ab inconvenienti,* to put it in the power of one side of the House to defeat a proposition 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, incidentally at least, a discus- sion which would be better avoided? Perhaps the last is the least inconvenience ; inasmuch as the Speaker, by confining the discussion rigorously to the amendment only, may prevent their going 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 sub- jects of public discussion, and ought not to be obstructed by a formality introduced for questions of a peculiar character. SECTION XXIX AMENDMENTS. On an amendment being moved, a member who has spoken 10 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 of a proposition, by making it bear a sense different from what was intended by the movers, so that they vote against it themselves. [2 Hats. 79, 4, 82, 84. ] A new bill may be ingrafted by way of amendment on the words 'Be it enacted,' &c. [1 Grey, 190," 102. ] If it be proposed to amend by leaving out certain words, it may be * Which is most inconvenient . 15 174 AMENDMENTS. Re. 110, Ho. Reps. page 100, moved as an amendment to this amendment to leave out a part of the words of the amendment, which is equivalent to leaving them in the bill. [ 2 Hats. 80, 9. ] The Parliamentary question is always whether the words shall stand as a part of the bill? When it is proposed to amend by inserting a paragraph, or part of one, the friends of the paragraph 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 ; because the House, has on a vote, agreed to it in that form. In like manner if it is proposed to amend by striking out a paragraph, the friends of the I paragraph are first to make it as perfect as they can by amendments, ; before the question is put for striking it out. If on the question it be j retained, it cannot be amended afterwards : because a vote against , striking out is equivalent to a vote agreeing to it in that form. When it is moved to amend, by striking out certain words, and in- ; serting others, the manner of stating the question is, first to read the j whole passage to be amended as it stands at present, then the words proposed to be struck out, next those to be inserted, and lastly the J whole passage as it will be when amended. And the question, if desired, is then to be divided, and put first on striking out. If carried, it is next on inserting the words proposed. If that be lost, it may be moved to insert others. [2 Hats. 80, 7. ] A motion is made to amend by striking out certain words, and inserting others in their place, which is negatived. Then it is moved to strike out the same words, 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 pro- position. 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 offering 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 rejecting A. After A is inserted, however, it may be moved to strike out a portion of the original paragraph, comprehending A, provided the coherence to be struck out be so substantial as to make this effectively a different proposition. 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.f * In the case of a division of the question, and a decision against striking out, I ad- vance 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 separately not to strike out the passage, the same question for striking out cannot be put over again, though with a view to a different insertion. Still I think it more reasonable and convenient to consider 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. t In Senate, January 25, 179S, a motion to postpone until the second Tuesday in Feb- ruary some amendments proposed to the Constitution. The words ' until the second DIVISION OF THE QUESTION. 175 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 Committee is only to amend the text. SECTION XXX. DIVISION OF THE QUESTION. If a question contain more parts than one, it may be divided into two or more questions. [ Mem. in Hakew. 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 complicated question is, by moving amendments to it ; and these must be decided by the House on a ques- tion, unless the House orders it to be divided, as on the question 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 amendment. [ 2 Hats. 79, 5. ] 1798, May 30, the Alien Bill in Quasi-Committee. To a section and Tuesday in February' were struck out by way of amendment. Then it was moved to add ' until the first day of June.' Objected that it was not in order, 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 motion ; and when struck out, a motion may be received to insert any other. In fact, it is not till they are struck out, and a blank for the time thereby produced, that the rule can begin to operate, by receiving all the propositions 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 of 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 better put into one, the manner is to reject the one, and incorporate its matter into another bill by way of amendment. So if the matter of one bill would be better distributed into two, any part may be struck out by way 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. 170 CO-EXISTING QUESTIONS. proviso in the original, had been added two new provisoes by way of amendment. On a motion 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 remains but the last member of the section, and the provisoes, 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 inconsistence. 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 contain an entire point or proposition.* SECTION XXXI CO-EXISTING QUESTIONS It may be asked whether the House can be in possession ot two mo- tions 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 factof before them at their next meeting : but must come forward in the usual 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, postponement or commitment,) remove it from before the House. But it is only suspended by a mo- * 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 alien merchant conforming himself to such regulations as the President shall prescribe, and a division of the question into its simplest elements was called for. It was divided into four parts, the fourth taking in the words 'conforming himself,' &c. It was objected that the words 'any alien mer- chant' could not be separated from their modifying words ' conforming." &o., because these words, if left by themselves, contain no substantive 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 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 first member, the second 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 completely decided, by putting the nega- tive as well as affirmative 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 Ex-President John Adams. \ By that fact. EQUIVALENT QUESTIONS. 177 tiou 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 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. SECTION XXXII EQUIVALENT QUESTIONS. If, on a question for rejection, a bill be retained, it passes of course to its next reading. [ Hakew. 141. Scob. 42. ] And a question for a second reading, determined negatively, is a rejection without farther question. [ 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 alter- native, the decision of the one concludes necessarily the other. [ 4 Grey, 157. ] Thus the negative of striking out amounts to the affirma- tive of agreeing ; and therefore to put a question on agreeing after that on striking out, would be to put the same question in effect twice over. Not so in questions of amendments 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 Originating House to agree to the amend- ment is negatived. Does there result from this a vote of disagreement, or must the question on disagreement be expressly voted ? The ques- tions 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 necessarily, 2d. To disagree. J for the positive of either is exactly the equivalent of the negative of the other, and no other alternative remains. On either motion amendments to the amendment may be proposed, e. g. if it be moved to disagree, those who are for the amendment have a right to propose amendments, and to make it as perfect as they can, before the question of disagreeing is put. 3d. To recede. You may then either insist or adhere. 4th. To insist. You may then either recede or adhere. 5th. To 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 authorize the Secretary by inference to enter another vote : for two alternatives still remain, either of which may be adopted by the House. M 173 THE QUESTION. — BILLS, THIRD READING. SECTION XXXIII. THE QUESTION. The question is to be put first on the afiirmative, 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 nega- tive part be put. [ Scob. 23. 2 Hats. 73. ] But in small matters, and which are of course such as receiving pe- titions, reports, withdrawing motions, 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 question formally. [ Scob. 22. 2 Hats. 79, 2, 87. 5 Grey, 129. 9 Grey, 301.] SECTION XXXIY. BILLS, THIRD READING. To prevent bills 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 commonly full. [Hakew. 153.] A bill reported, and passed to the third reading, cannot on that day be read the third time and passed ; because this would be to pass on two readings in the same day. At the third reading, the Clerk reads the bill, and delivers 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 Speaker 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 verbatim ; only, instead of reading the formal parts, 'Be it enacted,' &c, he states, that 'the preamble recites so and so; ] the first section enacts that,' &c. ' the second section enacts,' &c. A bill on the third reading is not to be committed for the matter or j body thereof; but to receive some particular clause or proviso, it hath I been sometimes suffered, but as a thing very unusual. [Hakew. 150.] Thus [27 El. 1584] a bill was committed on the third reading, having been formerly committed on the second; but is declared not usual. [D'Ewes, 337, col. 2, 414, col. 2.] DIVISION OF THE HOUSE. 179 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 Rider, which is read and put to the question three times. [Elsynge's Memorials, 59. 6 Grey, 335. 1 Blackst. 183.] For examples of Riders, [see 3 Hats. 121, 122, 124, 126. ] Every one is at liberty to bring in a Rider, without asking leave. [10 Grey, 52.] It is laid down, as a general rule, that amendments proposed 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, 27, 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 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 offered 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 'aye;' 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 alteration of it in any point. [Hakew. 159.] SECTION XXXV. DIVISION OP THE HOUSE. The affirmative and negative of the question having been both put and answered, the Speaker declares whether 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 auy 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. [Scob. 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 DIVISION OF THE HOUSE. forth, and which remain ; because the latter gain all the indolent, the indifferent, and inattentive. Their general rule therefore is, that those who give their votes for the preservation of the orders of the House shall stay in, and those who are for introducing any new matter or alteration, or proceeding 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. D'Ewes, 505, col. 1. Mem. in Hakew. 25, 29.] The one party having gone forth, the Speaker names two tellers from the affirmative, and two from the negative side, who first count those sitting in the House, and report the number to the Speaker. Then they place themselves within the door, two on each side, and count those who went forth, as they come in, and report the number to the Speaker, i [Mem. in Hakew. 26.] A mistake in the report of the tellers may be rectified after the I report made. [2 Hats. 145, note.] In the House of Commons every member must give his vote, the one j way or the other. [Scob. 24.] As it is not permitted to any one to withdraw who is in the House when the question is put ; nor is any j one to be told in the division who was not in when the question was \ put. [2 Hats. 140.] This last position is always true, when the vote is by yeas and nays : where the negative as well as affirmative of the question is stated by the President at the same time, and the vote of both sides begins and proceeds pari passu.* It is true, also, when the question is put in the usual way, if the negative has also been put. But if it has not, the member entering, or any other member, may speak, and even propose amendments, by which the debate may be opened again, and the ques- tion be greatly deferred. And as some who have answered aye may have been changed by the new arguments, the affirmative must be put over again. If then the member entering may. by speaking a few words, occasion a repetition of the question, it would be useless to deny it, on his simple call for it. While the House is telling, no member may speak, or move out of his place ; for, if any mistake be suspected, 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 division might last several hours. [2 Hats. 143.] The voice of the majority decides. For the lex majoris partisf is the law of all councils, elections, &c, where not otherwise expressly pro- vided. [Hakew. 93.] But if the House be equally divided, 'semper presumatur pro negante ; : % that is, the former law is not to be changed, but by a majority. [Towns, col. 134.] 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 * With equal gradations, i. e. alphabetically, or otherwise. % It is alw ays to be in favor of the negative. j- Will of the majority. TITLE. RECONSIDERATION. 181 was before the division, and must be resumed at that point on any future day. [2 Hats. 126.] May 1, 1606, on a question whether a member having said yea, may afterwards sit and change his opinion, a precedent was remem- bered by the Speaker, of Mr. Morris, attorney of the wards, in 39 Eliz. who, in like case, changed his opinion. [Mem. in Hakew. 27.] SECTION XXXVI. 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. SECTION XXXVII. RECONSIDERATION. In Parliament, a question once carried cannot be questioned again at the same session, but must stand as the judgment of the House. [ Towns, coll. 67. Mem. in Hakew. 33. ] And a bill once rejected, an- other 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 rejected 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 dis- cussion. [Towns, coll. 26. 2 Hats. 98, 100, 101. ] So orders of the House, or instructions to Committees, may be discharged. So a bill, begun in one House, sent to the other, and there rejected, may be re- newed again in that other, passed and sent back. [ lb. 92. 3 Hats. 161. ] Or if, instead of being rejected, 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 ex- pressed, [ 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 mistakes of an- 16 182 BILLS SENT, &C. AMENDMENTS BETWEEN THE HOUSES. Rule 56, Ho. Bepa. page 1813. Bes. 20, i 1!. Sen. pp. 128 & las. Joint Rs. 1 12, 14, 15 & 1«. p. 107 4 109. .loint He. 18, p. 109. other. Thus, June 24, 1685, a clause was inserted in a bill for recti- fying 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. 91 to 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 1782, 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 contradiction to the first act. SECTION XXXVIII. BILLS SENT TO THE OTHER HOUSE. 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. ] SECTION XXXIX. AMENDMENTS BETWEEN THE HOUSES. When either House, c. g. the House of Commons, sends a bill to the other, the other may pass it with amendments. The regular progres- sion 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 adhere to their disagree- ment. The term of insisting may be repeated as often as they choose, to keep the question open. But the first adherence by either renders AMENDMENTS BETWEEN THE HOUSES. 183 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 absolute conclusion of the subject somewhere, or otherwise transac- tions 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 oppor- tunities of trying modifications which may bring the Houses to a con- currence. Either House, however, is free to pass over the term of insisting, and to adhere in the first instance. [ 10 Grey, 146. ] But it is not respectful to the other. In the ordinary parliamentary course, there are two free conferences at least before an adherence. [10 Grev, 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, 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 amendment 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 amendment, because they have, on the ques- tion, passed it in that form. [ 9 Grey, 353. 10 Grey, 240. ] [ U. S. Sen- ate, March 29, 1798.] Nor where one House has adhered to their amendment, and the other agrees with an amendment, 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 amendments 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 lord's amendments ; and urged that it was an expe- dient warranted by precedent, and not unparliamentary in a case become impracticable, and irremediable in any other way. [ 3 Hats. 256, 266, 270, 271. ] But the lords refused, and the bill was lost. [1 Chand. 288. ] A like case, [ 1 Chand. 311. ] So the Commons resolved 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 Grev, 274. 1 Chand. 312. ] A motion to amend an amendment from the other House takes pre- cedence of a motion to agree or disagree. 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 second and not the third 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 originating House, therefore, is only in the first degree, and the amendment to that again by the amending House is only in the second, to wit : an amendment to an amendment, and so admissible. Just so when, on a bill from the origi- nating House, the other, at its second reading, makes an amendment , 184 CONFERENCES. on the third reading this amendment is become the text of the bill, and, if an amendment to it be moved, an amendment to that amendment may also be moved, as being only in the second degree. SECTION XL. CONFERENCES. It is on the occasion of amendments between the Houses that con- ferences are usually asked ; k.ut they may be asked in all cases of dif- ference of opinion between the two Houses on matters depending between them. The request of a conference, however, must always 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 conference simply, written reasons are prepared by the House asking it ; and they are read and delivered, without debate, to the managers of the other House, at the conference, but are not then to be answered. [ 3 Grey, 144. ] The other House then, if satisfied, vote the reasons 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 necessary measure is not imputable to them. [ 3 Grey, 255. ] At free conferences, the managers discuss viva voce* and freely, and interchange propositions for such modifications 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 sub- stance of what is said on both sides, and it is entered in their Journals. [ 9 Grey, 220. 3 Hats. 280. ] "This report cannot be amended or altered, as that of a Committee maybe." [Journ. Sen. 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 papers 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 particular occasion, 'It is held vain, and below the wisdom of Parliament, to reason or argue against fixed resolutions, and upon terms of impossibility to persuade.' [3 Hats. 226. ] So the Commons say, ' An adherence is never delivered at a free con- ference, which implies 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 resolutions of adhering. * With the living voice, i. e. orally MESSAGES. 185 It was then affirmed, however, on the part of the Commons, that nothing was more parliamentary, than to proceed with free conferences after adhering. [ 3 Hats. 2G9. ] And we do, in fact, see instances of conference, or of free conference, asked after the resolution of disa- greeing ; [ 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 disagreement, &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. Commons, 89. 1 Grey, 425. 7 Grey, 31. ] They are sometimes asked to inquire concerning an offence or default of a member of the other House. [ 6 Grey, 181. 1 Chandler, 304. ] Or the failure of the other House to present to the king a bill passed by both Houses. [ 8 Grey, 302. ] Or on informa- tion received, and relating to the safety of the nation. [ 10 Grey, 171. ] Or when the methods 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 an- swering it they ask a conference. [ 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 con- ference. [ 6 Grey, 128, 300, 387. 7 Grey, 80. 8 Grey, 210, 255. 1 Torbuck's Deb. 278. 10 Grey, 293. 1 Chand. 49, 287. ] But this is not the modern practice. [ 8 Grey, 255. ] A conference has been asked after the first reading of a bill. [1 Grey, 194. ] This is a singular instance. SECTION XLI MESSAGES. Messages between the Houses are to be sent only while both Houses are sitting. [ 3 Hats. 15. ] They are received during a debate, with- out adjourning the debate. [ 3 Hats. 22. ] In the House of Representatives, as in Parliament, if the House be in 16* 186 MESSAGE!?. Committee when a messenger attends, the Speaker takes the chair to receive the message, and then quits it to return into Committee, with- out 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 amend- ments to a bill from the House of Representatives, their Secretary, by mistake, delivered one only ; which being inadmissible by itself, that House disagreed, and notified the Senate of their disagreement. This produced a discovery of the mistake. The Secretary 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 Speaker holds the bills in his hand, and ac- quaints 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 num- bers a bill has passed. [ 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 re- jected a bill from the other House, do they give notice of it ; but it passes, sub silentio,f to prevent unbecoming altercations. [ 1 Blackst. 183.] 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 inattention, it is better to have it done informally, by communications 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 Parliament, 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 Commons, afterwards desires they may be returned, that he may communicate them to the lords. [ 1 Chandler, 303. ] * Anew. t ^ n silence. ASSENT. — JOURNALS. 187 SECTION XLII 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 mo- tives of respect and good understanding. [ 2 Hats. 242. ] Were the bill to be withheld from being presented to the king, it would be an in- fringement of the rules of parliament. [ lb. ] 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. ] SECTION XLIII. JOURNALS. A 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 suppressed by the previous question, the first question must be stated, in order to introduce, and make intelligible the second [ 2 Hats. 83. ] 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, adjourn- ing or laying 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 publish to the world in the form in which they are made. [ 2 Hats. 85. ] The first order for printing the votes of the House of Commons was Oct. 30, 1685. [1 Chandler, 387.] Some judges have been of opinion that the journals of the House of Commons are no records, but only remembrances. But this is not law. [Hob. 110, 111. Lex. pari. 114, 115. Jourl. 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 Commons is a record, as is affirmed by act of pari. 6 H. 8, c. 16, 4 Inst. 23, 24, and every member of the House of Commons hath % judicial place. [4 Inst. 15.] As records they are open to every per- 188 ADJOURNMENT. — A SESSION. son, and a printed vote of either House is sufficient ground for the other to notice it. Either may appoint a Committee to inspect the journals of the other, and report what has been done by the other in any parti- cular case. [2 Hats. 261. 3 Hats. 27 — 30. ] Every member has aright 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 misentry or omission of an entry in the journal, a Committee may be appointed to examine and rectify it, and report it to the House. [ 2 Hats. 194, 5. ] SECTION XLIV. ADJOURNMENT. The two Houses of Parliament have the sole, separate, and inde- pendent power of adjourning each their respective Houses. The king has no authority to adjourn 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 fit. [ 2 Hats. 232. 1 Blackstone, 186. 5 Grey, 122. ] A motion to adjourn simply cannot be amended as by adding 'to a particular day.' But must be put simply ' that this House do now ad- journ? 1 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 presently to be held, &c, it ad- journs 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 adjournment till the Speaker pronounces it. [ 5 Grey, 137. ] And from courtesy and re- spect, no member leaves his place till the Speaker has passed on. SECTION XLV A SESSION. Parliament have three modes of separation, to wit : 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 discontinued, and at their TREATIES. 189 next meeting are to be taken up de novo,* if taken up at all. [ 1 Blackst. 186. ] Adjournment, which is by themselves, is no more than a continuance of the session from one day to another, or for a fortnight, a month, &c, ad libitum. f All matters depending remain in statu quo, J 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 Ro. Rep. 29. 4 Inst. 7, 27, 28. Hutt. 61. _ 1 Mod. 252. Ruffb. Fac's. L. Diet. Parliament. 1 Blackst. 186. ] Their whole session is considered in law but as one day, and has rela- tion to the first day thereof. [ Bro. abr. 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 continue any portion of itself in any parliamentary function, beyond the end of the session, without the consent of the other two branches. When done, it is by a bill constituting them com- missioners for the particular purpose. When it was said above, that all matters depending before parliament were discontinued by the determination of the session, it was not meant for judiciary cases, depending before the House of Lords, such as im- peachments, appeals, and writs of error. These stand continued, of course, to the next session. [Raym. 120, 381. Ruffb. Fac. L. D. Par- liament. ] SECTION XLVI. TREATIES. Treaties are legislative acts. A treaty is a law of the land. It dif- fers from other laws only as it must have the consent of a foreign ' nation, being but a contract with respect to that nation. In all coun- tries, I believe, except England, treaties are made by the legislative power : and there also, if they touch the laws of the land, they must be approved by Parliament. [ Ware v. Hylton, 3 Dallas rep. 273. ] It is acknowledged, for instance, that the king of Great Britain cannot by a treaty make a citizen of an alien. [ Vattel. B. 1. c. 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 Utretcht in 1712, the commercial articles required the concurrence of parliament. But a bill brought in for that purpose was rejected. France, the other contracting party, suffered these articles, in practice, to be not insisted on,and adhered to the rest of the treaty' [4 Russel's Hist. Mod. Europe 457. 2 Smollet. 242, 246. ] * Anew. J In their former condition. t At pleasure. Joint Ylti 20, p. 110. Const. TJ. S. Art. 11, Sec. 2, p. 28. Rs. 37 & 38, Sen. p. ia:j & 134 190 IMPEACHMENT. SECTION XLVII. IMPEACHMENT. Jurisdiction. The lords cannot impeach any to themselves, nor join in the accusation, because they are the judges. [ Seld. 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 com- moner for a capital offence, on the information of the king, or a private person ; because the accused is entitled to a trial by his peers gene- rally ; but 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 judgment is given on their demand, which is instead of a verdict. So the lord's 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. Wooddesson, 601, 576. 3 Seld. 1610, 1619, 1641. 4 Blacks. 257. 3 Sed. 1604, 1618, 9, 1656.] Accusation. The Commons, as the grand inquest of the nation, be- come suitors for penal justice. [2 "Woodd. 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 member 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 wiL take order for his ap- pearance. [ Sachev. trial. 325. 2 Wood. 602, 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 exam- ined. If any error be found in them, a new proclamation issues giving a short day. If he appear not, his goods may be arrested, and they may proceed. [ Seld. Jud. 98, 99. ] Articles. The accusation (articles) of the Commons is substituted in place of an indictment. Thus, by the usage of parliament, in impeach- ment for writing or speaking, the particular words need not be specified. [ Sach. tr. 325. 2 Wood. 602—605. Lords. Journ. 3 June, 1701. 1 Wms. 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 accusations. If it be for a misdemeanor only, he answers a lord in his place, a commoner at the bar, and not in cus- tody, 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 Rushw. 268. 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 IMPEACHMENT. 101 accusation for a misdemeanor is, that in such a state of liberty or re- straint 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 judicium 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 strictness 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 ar- ticle separately. [ 1 Rush. 274. 2 Rush 1374. 12 Part. hist. 442. 3 Lords. 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 replication, rejoinder, &c. [Seld. Jud. 114. 8 Grey's deb. 233. Sacher. tr. 15. Journ. H. of Commons, 6 March, 1640, 1. ] Witnesses. The practice is, to swear the witnesses in open House, and then examine them there : or a Committee may be named, who shall examine them in Committee, either on interrogatories agreed on in the House, or such as the Committee in their discretion shall demand. [ Seld. Jud. 120, 123. ] Jury. In the case of Alice Pierce, 1 R. 2, a jury was impanelled for her trial before a Committee. [Seld. Jud. 123. ] But this was on a complaint, not on impeachment, by the Commons. [ Seld. Jud. 163. ] It must also have been for a misdemeanor only, as the lords spiritual sat in the case, which they do on misdemeanors, but not in capital cases. [Id. 148. ] The judgment was a forfeiture of all her lands and goods. [Id. 188.] This, Shelden says, is the only jury he finds re- corded 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 impanelled, and he adds that it is not so on impeachment by the Commons; for they are in loco proprio,f and there no jury ought to be impanelled. [ Id. 124. ] The Ld. Berkeley, 6 E. 3, was arraigned for the murder of L. 2, on an information on the part of the king, and not on impeachment of the Commons ; for then they had been patria sua. J 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 considered 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 condemn, according to their own belief of them. And Lord Hale says, 'the peers are judges of law as well as 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 ex- amination of witnesses. [ Seld. Jud. 124. ] Indeed they are to attend throughout, either as a Committee of the whole House, or otherwise, at discretion, appoint managers to conduct the proofs. [ Rushw. tr. of Straff, 37. Com. Journ. 4 Feb. 1709, 10. 2 Wood. 614.] Andjudg- I * Judgment of his peers, or equals. J The country. f In the right place. 8* 192 IMPEACHMENT. ment 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 judgment. Their presence however is necessary at the answer and judgment in cases capital. [ Id. 158, 159, as well as not capital, 162. ] The lords debate the judgment 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 Wood. 612. ] Judgment. Judgments in parliament for death have been strictly guidecfper legem terrse,* which they cannot alter : and not at all accord- ing 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.f [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 rales of evidence, the same legal notions of crimes and punishments prevail. For impeachments are not framed to alter the law, but to carry it into more effectual execution against too powerful delinquents. The judgment therefore is to be such as is war- ranted by legal principles or precedents. [ 6 Sta. tr. 14. 2 Wood. 611. ] The chancellor gives judgments in misdemeanors ; the Lord High Steward formerly in cases of life and death. [ Seld. Jud. 180. ] But now the steward is deemed not necessary. [Fost. 144. 2 Wood. 613.] In mis- demeanors the greatest corporal punishment hath been imprisonment. [ Seld. Jud. 184. ] The king's assent is necessary in capital judgments, (but 2 Wood. 614, contra) but not in misdemeanors. [ 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 Dec. 1790, Lords Jour. May 16, 1791. 2 Wood. 618.] * By the law of the land. f According to, not against law. FINIS. index to Jefferson's manual. 193 INDEX TO JEFFERSON'S MANUAL. Absence, Address, Adjournment, Amendment, ....... " Between the Houses, ... Arrangement of Business, Assent, ........ Bills, Leave to Bring in, " First Reading, " Second Reading, . • . . . " Recommitment, ..... ■ Report Taken Up, " Second Reading in the House, . . " Third Reading, " Sent to the Other House, . . . Call of the House, Committers, ....... " Of the Whole " Report of, " Quasi Conferences, Debate, Order in, Errors, Way to Amend, ..... Felony, Mode of Proceeding on Charge of, . Gallery, Committee cannot Punish for disorder in, House, Division of the, ..... " Orders of the, ..... Impeachment, Journals, ....... Longest Time Question first put, . . Messages, . Motions, Respecting, ..... Order, " ..... Papers, Orders Respecting, .... Petitions, ....... Privilege, ........ Questions, Privileged, ..... " Previous, ..... " Division, ..... " Co-existing, . . • . . " Equivalent, ..... " Putting the, . ; Quorum, Reconsideration, ...... Resolutions, Respecting, . . ... Rules, Importance of Adhering to, . . . Session, Respecting a, Speaker, " " Title, " the, Treatise, " Vote, Cannot till sworn, ..... Witnesses, Examination of, . PAGE 151 152 188 173 182 155 187 161 162 162 163 165 166 178 182 151 152 153 164 166 184 156 156 149 166 179 159 190 187 171 185 161 155 156 160 148 168 172 175 176 177 178 150 181 161 147 188 151 181 189 149 154 17 N EXTRACT OF A LETTER FROM EX-GOVERNOR W. G. D. WORTHINGTON. I have examined " Burleigh's Legislative Guide," and find, as its name implies, that it is indispensable for every legislator who desires to establish a uniform system of rules for conducting public business throughout the United States. In my humble judgment, every State Legislature will immediately adopt it as their standard as soon as the merits of the work can be known. W. G. D. WORTHINGTON. I am convinced that the "Legislative Guide" will prove a valuable text-book for collegiate students, and will use it as such at St. Timo- thy's Hall, believing that every young American ought to be acquainted with the routine of order appropriate to legislative assemblies. L. VAN BOHKELEN, Rector. St. Timothy's Hall, Catonsville, Md., Feb. 26, 1852. Ex. of Letter from Hon. J. C. Legrand, Ch. Justice Court of Appeals, Md. Baltimore, Feb. 9, 1852. The plan of the Legislative Guide enables the student or legislator to discover, with facility, the rule and reason for it, in each particular instance, and must, therefore, be of great value to legislative and other deliberative bodies. JNO. CARROLL LEGRAND. At a meeting of the School Commissioners of Baltimore held Feb. 10, 1852, the following resolutions were unanimously adopted : Resolved, That the American Manual; — that the Thinker ; — that the Practical Spelling Book by Joseph Bartlett Burleigh, LL. D., be introduced into the Public Schools of Baltimore. J. W. TILYARD, Cleric Com. Pub. Sch. Balto. At a meeting of the Controllers of Public Schools, First District of Pennsylvania, held at the Controllers' Chamber, on Tuesday, December 10th, 1850, the following resolution was adopted: — Resolved, That the American Manual, by Joseph Bartlett Burleigh, be introduced as a class-book into the Grammar Schools of this District. ROBERT J. HEMPHILL, See. Philadelphia, Nov. 13, 1851. At a meeting of the Controllers of Public Schools, First District of Pennsylvania, held on Tuesday, Nov. 11th, 1851, the following resolu- tion was adopted : Resolved, That the "Thinker," by Joseph Bartlett Burleigh, be intro- duced as a class-book into the Public Schools of this District. ROBERT J. HEMPHILL, Sec. THE CITIZENS' MANUAL, A FORM FOR ORGANIZING LITERARY AND DEBATING SOCIETIES. A CONCISE SYSTEM OF UNIFORM RULES OP ORDER, FOUNDED ON THE REGULATIONS FOR CON- DUCTING BUSINESS IN THE HOUSE OF REPRESENTATIVES OF THE U. S., TO SECURE THE UNIFORMITY AND DISPATCH OF BUSINESS IN ALL SOCIETIES, AND SECULAR MEETINGS, AND IN ALL RELIGIOUS, POLITICAL AND LEGISLATIVE ASSEMBLIES, MARGINAL REFERENCES TO THE CORRESPONDING ORDER OF CONGRESS 1'ROM WHICH THE RULE IS DERIVED, A SYNOPSIS OF THE BRITISH CONSTITUTION, VALUABLE STATISTICAL TABLES, THE CENSUS OF 1850, AND A COMPLETE INDEX. EXTRACTS FROM THE OPINIONS OF EMINENT MEN. The Legislative Guide deserves to be called the politician's and legislator's vade mecum.— Edi- tor of Boston Evening Traveller. The Legislative Guide is the most complete work of the kind that we have yet seen.— Editor of Boston Conner. Altogether it is the most complete and sntisfactorv book on the varied but kindred subjects on which it treats, that has issued from the American press.— Editor of Baltimore Patriot. The Legislative Guide is the most complete compendium of information upon the subject that has ever Been published.— Editor of Philadelphia City Item. From the Hon. George M. Dallas, late President of the U. S. Senate.— \ have read with very great satisfaction the Legislative Guide It is admirably adapted for popular use. and cannot lad, in a country like ours, winch is crowded in all its parts with deliberative bodies, either prescribed by law, or suddenly and spontaneously convening, to be a most convenient Guide for the orderly transaction of public business. It merits, and I hope will receive, extensive diffusion and adoption. From Millard Fillmore, President of the United States— It will prove a valuable book for refer- ence, not inilv to public men, but to all who may be called upon to take part in deliberative assem- blies.— Washington, .May l?th, 1852. From the Hon. Eli K. Price.— 1 think the Legislative Guide a book that cannot be too generally dilt'used. The Legislative Guide ought to accomoany the Bible and the Almanac, and be owned by every family throughout the laud. — Editor of Richmond ( Va.) Whig. The Legislative Guide contains, in one volume, a mass of information which could not hereto- fore he obtained without referring and re-referriug to many volumes. The precision, perspicuity and accuracy of the Guide, must soon make it a standard for all deliberative and legislative bodies.— Editor of Richmond ( Va.) Enquirer. This book contains in one volume a mass of information which could not before be obtained without examining many volumes. It contains the best edition of Jefferson's Manual ever pub- lished ; the English authority is compactly arranged by itself; the foreign phrases translated, and reference made on each page to the portion from which rules have been deduced by Congress. It also contains a form for organizing literary and debating societies, outlines for young debaters, and much other original matter, not to be found in any other work. No library should be with- out the Legislative Guide, or, as we would call it, the freeman's vade mecum. — Editor of Bal- timore Republican. All the rules are arranged in a practical manner and a perspicuous style. — Editor of Bait. Sun. We, the undersigned, teachers in the Public Schools of Pittsburg, have used Burleigh's Ameri" can Manual with great satisfaction and delight. The plan of the work is in all respects judi- cious. The marginal exercises are a novel and original feature, and are arranged with great accuracy and discrimination. Their use not only excites the liveliest interest among the pupils, but produces great, salutary, and lasting effects, in arousing the mental powers, and leading the scholars constantly to investigate, reason, and judge for themselves. The Manual is elegantly written, and must have the effect to give a taste to what is pure and loftv in the English lan- guage. Signed by B. M. KERR, J. WH1TTIER, and twenty-three other principals of Public Schools in Pennsylvania. From the Fredericksburg, Va.. Herald. The American Manual possesses a kind of railroad facility in arousing the minds of youth ; no one who is entrusted with the education of the rising generation should be ignorant of its contents, or a stranger to its thorough and efficient mode of imparting knowledge. It contains a condensed, lucid, exact, and comprehensive view of our social and political institutions, and ought to be in every family. From Hon. Wm. Roberts, President of the Bd. Pub. Sch. Com. of Princess Ann Co., Virginia — I consider the American Manual the best book for training the young mind, in the earlier stages of its education, I have ever seen. Extract of a Letter from Alexandtr Campbell, D. D , LL. D , President of Bethany Collri/e. Vir- ginia. — The American Manual is an admirable text-book for teacher and pupil, on the various important subjects so essential to the American scholar and statesman. Extract of a Letter from Hon. B. Everett Smith. — I douht whether the ingenuity of man can ever devise a work better adapted to the purpose avowed by the author. I arose from the peru- sal of the American Manual, more deeply impressed than ever with my responsibility as a citizen, and with the absolute necessity of fostering sound virtue and political morality. Extract of a Letter from Hon. L. G. Edwards, President of the Board of Public School Commis- sioners for Norjotk County. Virginia — I consider the American Manual a desideratum which had not before been supplied, and respectfully recommend that it be used generally in every District School in this county. At a meeting of the Controllers of Public Schools, First District of Pennsylvania, held on Tues- day, Nov. 11th, 1851, the following resolution was adopted :— Resolved, That the " Thinker," by Joseph Bartlett Burleigh, be introduced as a class-book into the Public Schools of this District. ROBERT J. HEMPHILL, Sec. At a meeting of the Board of School Commissioners for the city of Baltimore, held on Tues- day H)lh February, 1852. the following resolution was unanimously adapted :— Resolved. That the " Thinker," by Joseph Bartlett Burleigh, LL. D, be introduced as a class-book into the Public Schools of Baltimore. J. W. TILYARD, Clerk Com of Pub. Schools, Baltimore. (196) PREFACE. The right way of conducting the business of any meeting or society, by applying the proper rules, is exceedingly simple and easy to understand. All rules of order, from the humblest juvenile association to the highest legislative assembly, should have for their basis the same system, wisely arranged in order to secure accuracy in business, economy of time, method, consistency, and equity. The Legislative proceedings of a monarchy frequently have a tendency to exalt the few, by depressing the many. As the laws enacted by Parliament are not the most congenial to the best inter- ests of a Republic, so neither is the voluminous and complicated system of rules, which best subserve the interests of a kingly legisla- ture, the most suitable for an assembly of freemen, where all have equal rights and equal claims. The design of this work is to establish a uniform standard of rules, deduced from the regulations of the most exalted deliberative body of the world, for the management of public meetings, of every kind, throughout the Union. [ I ] The rules of Congress, like all other human productions, are not perfect, but they have been gradually formed, with the utmost care, to suit the genius of our republican institutions. Some of the most learned and patriotic of the present and the past age have, for a series of years, practically tested the working of each rule through every phase of legislation. Hence if any forms can command universal respect and confidence it must be those for conducting business in the Congress of the United States. [ \ 1 The American people are pre-eminently remarkable for asso- ciations and societies of every description, the object of which is to promote improvement in our social relations, in benevolence, in government, in literature, and in piety. Nothing contributes so much to the respectability, dignity, and usefulness of these various convocations, as a regular, uniform, orderly, and methodical mode of conducting business. : 17* TW 198 PREFACE. A general knowledge of proper legislative rules always tends to economize time, secure the dispatch of business, and harmonize all the proceedings. Nothing is hazarded in the assertion, that for the want of the timely enforcement of correct uniform rules of order hatred has been engendered, philanthropic movements defeated, and the welfare of the majority sacrificed to aggrandize the few. " Knowledge is power" — hence the necessity for its general diffu- sion. The nature of our unequalled social and political institutions presupposes that every citizen takes a part in deliberative meetings of some kind. Whether it be in the school boy's debating club or the collegian's society, the poor man's beneficial association or the banker's corporation, the small meeting at the rustic school- house, or the vast assemblage at the national capitol, a mite society or the highest ecclesiastical convention, the knowledge of a correct uniform mode of conducting business contributes, in the highest degree, to success. [ I ] The rules here laid down may, by the marginal references, be traced to those of Congress, or to the Constitution of the United States. [ I ] To restore confidence when doubt prevails, to bestow sys- tem when anarchy rules, to give uniformity and accuracy in doing every kind of public business by assembled citizens, to economize time and promote the dignity of legislation in every part of our confederacy, is the object of the Citizens' Manual. [ I ] As its name purports, it is designed for the use of every citizen, and should be owned and read by every one who feels an interest in sustaining the dignity of our social compact, in dissemi- nating the blessings of liberty in other countries, and in transmitting the inestimable privileges of a Republican Government to future generations. The author is indebted to Gen. Packer, late Speaker of the House of Representatives of Pennsylvania, for valuable suggestions, the sub- stance of which are embodied in this edition of the Legislative Guide. INTRODUCTION. In the United States all power is vested in the hands of the people. Every citizen exerts a primary influence that either tends to destroy or perpetuate our social and political institutions. It is universally conceded that general intelli- gence and sound morality are indispensable safe- guards, without which every Republic must be ruined. Europe sends to our shores, on an aver- age, more than a thousand inhabitants for each and every day in every year. [§] A large majority, of this down trodden population, have arrived at years of maturity without any correct knowledge of a Republican government. Being neither able to read nor write, they seem to have no other idea of liberty than that of unrestrained licentiousness. [§] Hence they plunge into all manner of vice and dissipation, and hence the poor houses and prisons of all our atlantic cities are filled, with more than two to one, of this class. Ragged and dis- sipated, having none to enlighten them, they soon grow more callous, and become the sappers instead of the supporters of our glorious institutions. [§] The quickest, the most effective way to | 200 INTRODUCTION. promote a universal love for knowledge and pure morality, is by enlisting all the people into social meetings for mental and moral culture, by forming various debating, beneficial, literary, and religious societies, each of which, in its proper sphere, tends to engender a spirit of inquiry and a desire for ra- tional pursuits. [§] Social elevation should occupy the leisure of the whole community, and thereby impart a relish for useful vocations and the true enjoyments of life. [§] The bitter fruits of monarchy, sent us in the shape of adult pauper population, must be sweetened and rendered serviceable by societies for general improvement, or they will endanger the very existence of our social fabric. [§] Let a proper literary spirit pervade the land, and on all haunts of dissipation, jails, and prisons, may be written, " To let." [§] The human mind must have employment. The minister, the lawyer, the physician, the school-master, the merchant, the mechanic, the farmer, and the best educated, should either take the lead or an active part in forming and sus- taining debating, literary, and other ennobling societies. [§] By this means the minds of all may be aroused to the paramount importance of mental culture and rational improvement. Vast multi- tudes may thus be saved who otherwise would annually become the new supporters of the haunts INTRODUCTION. 201 of iniquity, and in rotation ruin their health, blast their character, and sink into premature and ignoble graves. [§] But the real benefits of debating and other societies are not confined to the illiterate alone, for the rich harvest is enjoyed by all. [§] To say nothing of the literati of the old world whose writings and whose deeds are as imperisha- ble as the history of civilization, there have been multitudes of eminent men in the United States, who, but for the literary society, might have lived useless lives and, unhonored, died in obscurity. [§] Clay commenced his career at a village so- ciety, and Franklin formed a debating club of two associates. [§] As the sculptor turns the roughest marble into speaking beauty, and as the lapidary trans- forms the most insignificant pebble into the bril- liant diamond, so does the literary society disclose the inherent beauties and powers of the mind, by bringing to the service of man and to the glory of God genius and talent that otherwise might have existed only to breed wickedness and misery. [§] To forward the vital object of mental illu- mination and moral culture, a brief form has been given in this Manual for establishing societies for social and general improvement. This form is so simple and easy to be understood, that all who read intelligibly can comprehend it. [§] An outline has also been added for con- ducting discussions and preparing lectures, and it 202 DIRECTIONS FOE FORMING SOCIETIES. is to be hoped that every intelligent citizen will take a deep and an abiding interest in promoting societies for the general diffusion of knowledge. [§] It is believed that any person of common intelligence, by studying this book, may make himself not only competent to take part in any society, but also to preside over its deliberations, and determine questions of order with ease and accuracy. [§] No one can reasonably bring forward the plea that it is not necessary for him to understand legislative rules, from the fact that he never intends to preside at any meeting, for those who are ignorant of these forms yield much power into the hands of those who know them. [§] An adroit presiding officer often has it in his power to control the action of vast assemblies, who are ignorant of the right rules for conducting public business. [§] Hence, to guard against official encroach- ment, as well as against the combination of a few well informed members, it becomes the duty of all to know the proper way of proceeding in delibera- tive assemblies. DIRECTIONS FOR FORMING SOCIETIES. [§] If you wish the advantages of a Literary Society, in your village or town, either for your own or other's benefit, call on your neighbours, propose the subject, state the objects of such a society, and obtain as many as you can to co- DIRECTIONS FOR FORMING SOCIETIES. 203 operate with you in this noble work. Get a few of the most influential citizens to call a meeting to organize a society — either state to the audience the importance of such an institution, or prevail on a clergyman, or some other influential indi- vidual, to do it. Secure a committee to draft a constitution, or have one already prepared. [§] Be not discouraged, if but few attend the meeting or co-operate with you. " The most effi- cient literary society of the world had its origin with two individuals, who by accident met at a hotel in London, and in conversation on the de- plorable ignorance of the great mass of the people, one proposed to the other the formation of a society that would have a direct influence in the diffusion of useful knowledge, to which the other heartily assented. [§] They made arrangements, and advertised a meeting for the purpose of organizing a society, but no one attended with them ; one appointed the other president, and he in turn his associate secretary — they discussed and passed resolutions, which were published in the papers, with the statement that they were passed at a respectable meeting called for the purpose of forming a society for the diffusion of useful knowledge, and that another meeting would be held at such a time, which was attended by a large audience of the wealthy and influential, not only of London, but from many parts of the British empire ; and since then the society has, with constantly increasing 204 PRELIMINARY OBSERVATIONS. energy, been scattering light, knowledge, and innu- merable blessings over the civilized world."* PRELIMINARY OBSERVATIONS. § 1. Both Houses of Congress precede the business of each day with Prayer.-)- This righteous example was set by the founders of our Government, and is commended to all deliberative bodies and associa- tions of whatever name or character ; for no un- dertaking can ever attain permanent usefulness without the approval and the blessing of the Most High. § 2. Every meeting should be opened precisely at the time appointed. The presiding officer on taking the Chair should at once call the meeting to order. J His first duty is to ascertain if a quorum be present. This he may do, by either counting, or requiring the secretary to call over, the names of those assembled. MANNER OF ORGANIZING. § 1. No business can be legally transacted without a quorum. Hence the president should not continue * Wright's Casket. f Each House elects its own chaplain at the beginning of every session. The chaplains usually belong to different denominations, and alternate with each other i. e., A officiates in the Senate and B in the House of Representatives on Monday ; but on Tuesday B conducts the religious exercises of the Senate, and A those of the House of Repre- sentatives. X In case the members are engaged in conversation, &c, this is done by rapping on the desk or table, and saying the meeting will please come to order. PRELIMINARY OBSERVATIONS. 205 to occupy his seat unless that number be present. When, any time after the meeting is opened, a member suspects that a quorum is wanting, he may call for the body to be counted. A deficiency being found business should, at once, be suspended. § 2. Should there not be a quorum it is usual to wait half an hour and then adjourn, provided a legal number, for transacting business, cannot be convened. The adjournment when there is less than a quorum must, of course, be to the next regular time for assembling ; but a special meeting may be called whenever occasion requires. § 3. When the clerk* calls the roll each mem- ber should rise as his name is called and answer. Absentees should be noted, and their names called a second time, when excuses may be heard. § 4. The members rise that they may be re- cognized ; this rule, however, need not be enforced in small bodies, nor in large ones where the members are presumed to be well acquainted. § 5. The main object is to facilitate acquaint- anceship at anniversaries, conferences, and con- ventions, where various sections of the Union are represented. § G. No member of a legislative body should absent himself from its meetings without leave.t * Or secretary, as the case may be. f When any member wishes to be absent for a few days he should rise and say, Mr. President I ask leave of absence for days from |j- to-day. Or in case a member happens to be unexpectedly detained from jj the assembly, he may obtain leave of absence through the agency of if any other member. IS 206 PRELIMINARY OBSERVATIONS. A less number than a quorum may send for any or all the absent members. This rule applies to the first and every subsequent meeting. THE PRESIDING OFFICER.* § 1. The speaker)- of the House of Representa- tives of the United States is usually elected in the following way: On the day appointed for the meeting of Congress, the representatives assemble in their hall at 12 M. The clerk of the last House opens the session by calling the names of the members by states and territories. § 2. A quorum being present, the clerk names, with the permission of the House, two or more members to act as tellers, making the selection * The presiding officer of the Upper House of Legislatures, of Lite- rary Societies, of Bank Directors, of Colleges, and of Rail-Road Com- panies, and in fact all other corporations, is usually styled the Presi- dent ; of a Religious Convention, or a town meeting, a Moderator ; of the Lower House of Legislatures, a Speaker; of a called meeting or of a Committee, Chairman ; of a Medical Faculty, Dean. By giving the following form for electing Presiding officers, it is not proposed to change their title in any way, but only to secure uniformity in electing them by ballot, throughout the country. It should also be understood that the rule laid down above has reference solely to pre- siding officers who are elective, and does not apply to corporations and societies which provide for a chairman without election ; in some associa- tions, and especially in ecclesiastical conventions, provision is made that the senior member shall be the President, i. e. the one who has been longest a member of the association ; not the one who has attained the greatest age, unless he also happens to be the oldest member. The Rules, however, which follow should be binding, alike, on all Presiding officers. They are based on those of Congress, and unless they are, in the main, complied with, all hope of uniformity and regularity in con- ducting Legislative business throughout the Union must be abandoned. f For President of the Senate see Art. I. Sec. 3, page 9 Const. U. S. PRELIMI XARY OBSERVATIONS. 20* from each of the prominent political parties. Then the members present proceed to elect, by ballot, their Speaker. § 3. It is the duty of the tellers to announce distinctly the names of each of the members re- ceiving votes, so that all may count the ballots for the several candidates, and thereby the better guard against any oversight or error. § 4. The Speaker* is required to have a majority of all the votes given, and is seldom elected on the first balloting, unless the dominant party has previously held a caucus,-)* and even then the nominated candidate is liable to be defeated by the running of other members, J or by the coalition of minorities. * la case of a removal, death, resignation, or inability both of the President and Vice-President of the United States, the President of the Senate pro tempore, and, in case there shall be no President of the Senate, then the Speaker of the House op Representatives, for the time being, shall act as President of the United States until the disa- bility be removed or a President shall be elected. Act of Congress, March 1st, 1792. See also Art. II. Const. U. S., Sec. 1. The Speaker receives sixteen dollars per day, appoints all committees not elected by ballot ; he has power to call any member to the chair, and many other minor prerogatives which enable him to hold a commanding position and gain the courtesy of his associates. The Speaker of the House of Commons receives a salary and other perquisites equivalent to about forty thousand dollars per year. j- A meeting to agree on a party candidate. % The XXXI. Congress convened on Monday the 3u day of Dec. 1849. The members proceeded at once to vote for their Speaker. After sixty- two ineffectual ballotings, the Rule requiring the Speaker to receive a it» a ,iority of all the votes polled was suspended and a plurality only re- quired. The Hon. Howell Cobb was elected Speaker on the sixty-third trial, Dec. 23d, 1849. The whole number of votes polled was 222, and distributed among ten members in the following order : for Howell Cobb, 102; R. C Winthrop, 100; David Wilmot, 8 ; C S. Morehead, 4; 208 FORM OF ORGANIZATION IN A STATE LEGISLATURE. § 5. When a member has received a majority of all the votes given, or in case the rule is sus- pended, a plurality, the clerk proclaims him Speaker. Then he is customarily conducted to his seat by two of the most venerable members, takes the oath of office* and delivers a brief in- augural address. The remaining members are then qualified, and the clerk, sergeant-at-arms, door-keeper, and other officers elected. § 6. When the House is duly organized a message is sent to the Senate announcing the same. The first business of each house is usually to appoint a joint committee to wait on the President of the U. S. and inform him that Congress is ready to receive any communication he may be pleased to make. FOEM OF ORGANIZATION IN" A STATE LEGISLATURE.f By the House of Representatives, ) Jan. — , 185-. J Gentlemen of the Senate: The House of Representatives is ready to pro- ceed with the business of the session. We have chosen Speaker, and Clerk. By order, Clerk. t\"m. Strong, 3 ; A. H. Stephens, 1 ; Wm. F. Colcock, 1 ; Chas. Dur- kee, 1 ; E. D. Potter, 1 ; Linn Boyd, 1. * By an act of Congress, June 1, 1798, the oath of office may be ad- ministered by any member of the House of Representatives to the Speaker who, after taking the oath, is required to administer the pre- scribed oaths to all the other members who have not taken them, and the rest of the officers of the House. f A state legislature should be organized on the plan of Congress given in the preceding pages. - '' A FORM OF ORGANIZATION FOR A STATE LEOISLATURE. 209 By the House of Representatives, 1 Jan. — 185- j Gentlemen of the Senate : We propose, with your concurrence, to appoint a joint committee of the two Houses to wait upon his Excellency the Governor, and inform him that the legislature is organized for the dispatch of public business, and ready to receive any commu- nication he may think proper to make. Messrs. are appointed on the part of this House. By order, J. N., Clerk. By the Senate, 1 Jan. — , 18 5-. J Gentlemen of the House of Representatives : The Senate has organized and elected the Hon. , President, and , Secretary. We are prepared to proceed with the business of the session, and propose to sit from 10 o'clock, A. M. until — o'clock, P. M. By order, C. B., Secretary. By the Senate, \ Jan. — , 185- j The Senate has appointed Messrs. — , a committee to join the committee you have appointed* to inform his Excellency the Governor, of the organi- * Or the Senate may organize first, and use the preceding form of the House of Representatives. 18 * 210 A FORM OF ORGANIZATION FOR A STATE LEGISLATURE. He. 22 Ho. Reps. p. 72, zation of the legislature, and that we are ready to receive any communication he may desire to make. By order, C. B., Secretary. The Clerk* of the House of Representatives should, within the first week of a session, place in the hands of the Speaker, a correct list of the bills, resolutions, reports, and other unfinished business of the House, referred from the preceding to the succeeding session. FORM OF MESSAGES. Gentlemen of the Senate : We respectfully request your Hon. Body to re- turn to this House the bill entitled an act to . Gentlemen of the House of Representatives : We hereby return to your Hon. Body, a bill entitled an act FORM PRECEDING A BILL. First Form. The people of the State of , represented in House of Representatives and Senate, do enact as follows : — &c. Second Form. Be it enacted by the Legislature of , that, * This rule also applies to the Senate and should be observed by the Secretary thereof. MANNER OF ELECTING UNITED STATES SENATORS. 211 By the House of Representatives, 1 Jan. — , 18 5-. J Gentlemen of the Senate : We propose, with the concurrence of your Hon- orable Body, to proceed, on inst., at 12, M., to the election of a United States Senator to sup- ply the place of the Hon. , whose time will expire on the 4 th of March, 18 5-. We have nominated, on the part of this House, the Hon. , and the Hon. , and ap- pointed Hon. , Teller, to join such gentleman as may be named by your Honora- ble Body, to count the ballots and report the result. By order, J. G., Clerk. By the Senate, 1 Jan. — , 185—. j Gentlemen of the House of Representatives : We have received }^our message, proposing to go into an election of United States Senator, on — inst., and concur therein. We nominate the folio wins: persons : the Hon. and the Hon. . We have appointed the Hon. as Teller, to join the gentleman named by your Honorable Body, to count the ballots and report the result. By order, Wm. B., Sec'y. § 1. Whenever any legislature is apprised of a vacancy in the representation of its State in the Senate of the United States, notice may be given for the members of each House to meet in the Hall of Representatives at a certain hour, usually 12 M., for the purpose of electing, on joint ballot, a 212 MANNER OF ELECTING: UNITED STATES SENATORS. Senator, or Senators, as the case may be, to re- present the State in the Senate of the United States. § 2. Previous to the day of meeting, each House should appoint a teller, and nominate the candi- dates it prefers, and communicate to the other the names of the persons nominated .* At the hour of meeting, the President of the State Senate, and in his absence, the Speaker of the House, should preside. § 3. A candidate must have a majority of all the votes cast to be elected, hence it sometimes occurs that days elapse before any election is effected .f Whenever any person receives a ma- jority of all the votes cast, the presiding officer declares him elected to represent the State in the Senate of the United States, and announces the time for which he should serve. § 4. After the election it is usual for the presi- ding officer, in the presence of both Houses, to sign three certificates of election, attested by the tellers, one of which should be forwarded to the person elected, one to the President of the Senate of the U. S., and the other should be preserved among the archives of the court of the county in which the legislature sits, in addition to which the proceedings should be entered in full on the journals of both Houses. MANNER OF ENACTING LAWS. 21! MANNER OF ENACTING LAWS.* § 1. Bills for raising money should originate in the House of Representatives ; but those of every other kind may originate in either House. Bills, after being passed by one branch, may be re- jected in the other by a majority of the votes present. § 2. When a bill may be vetoed by a Governor, it should become a law r , if by being reconsidered, it is passed by two-thirds of the votes in both Houses. § 3. Every bill, before it becomes a law, should be examined by a joint committee,-)- w r ho should carefully compare the enrolled with the engrossed bill, and see that the name of the House in which it originated is written on its back. § 4. It should also be examined and signed by both the Speaker of the House and the President of the Senate. J After which the committee should present it to the Executive for his signature. * See Bills 99, 100, and 101st page, and 161st to the 108th page. Also the 178th and 179th page. A Bill is a form or draft of a law pre- sented to a legislature, but not enacted. Laws are frequently originated by petitions, the usual form of which is as follows : To the Legislature of To the Honorable the Senate and House of Representatives of the State of in General Assembly convened : The petition of the subscribers, citizens of county, respectfully showeth. [Here state the subject.] And your petitioners, as in duty bound, will ever pray, &c. | Usually two members from each House. J And attested by the Secretary and Clerk. 214 NECESSITY OF METHOD. NECESSITY OF METHOD. § 1. In associations of every kind, as well as in all legislative bodies, order, regularity, and form, are indispensable to the attainment of the greatest benefit, with the least expenditure. § 2. Every society and assembly should have prescribed land-marks, founded on reason and sanctioned by experience, in order to secure uni- versal confidence, and effectually guard the rights of all. . § 3. The object of meetings of every grade, should be to obtain a clear, full, and proper ex- pression of opinion from all present. Hence, per- manent and proper rules of order and constitu- tions should always form the bond of union and protection.* § 4. In this way can the wishes and the in- terest of the majority be best carried out, and at the same time the rights of the minority shielded from the abuses and excesses so apt to be exer- cised by the party in power. § 5. No printed form of a constitution for an association can be given, which, under every circumstance, will precisely suit its wants, without addition or restriction. § 6. But it is believed that the following out- line, with slight additions, or alterations, will meet the general wants of all literary and debating so- cieties. * In societies, and temporary or called meetings of every kind, the rights and privileges of all may be inviolably guarded by the uniform system of rules laid down in this book. CONSTITUTION. 215 A FORM FOR ESTABLISHING LITERARY SOCIETIES. CONSTITUTION. PREAMBLE. We, the undersigned, do hereby adopt and agree to obey the following Constitution and the several By-Laws that may be enacted in accordance with its provisions. article i. Name and Object. [Here insert the name of the society ; the object it is intended to accomplish ; the means to be used ; and the way in which its benefits will be realized.] ARTICLE II. § 1. The members of the — society shall be active, corresponding, and honorary. § 2. Any person of good moral character may become an active member by signing the consti- tution and paying an admission fee of cents. § 3. Persons of other towns may be elected cor- responding members, by a vote of two-thirds of the members present. § 4. Honorary members shall be admitted by a like vote of two-thirds. § 5. All members may participate in the discus- sions, but the privilege of voting and of eligibility to office, shall be confined to active members. 216 CONSTITUTION. § 6 A monthly contribution of paid by each active member. § 7. Members who may pay — • cts. shall be dollars, shall be entitled to life-member si dp, and exempted from all future contributions and assessments. Hono- rary members shall be free from assessments of every kind whatever. § 8. For immoral and disreputable conduct, a member may be impeached and expelled from the society by a vote of two-thirds of the members present, after affording every reasonable facility for a fair and impartial trial. If he be an officer, the society shall proceed to fill his place by ballot. ARTICLE III. Officers. The officers of the society shall be a President, Vice President, a Ptecording Secretary, a Corres- ponding Secretary, a Treasurer, a Librarian, a Committee on questions for debate, a Committee on lectures, a Committee on the library, and an Executive Committee. The officers of the society shall be elected on in , by a ma- jority of the ballots of all the members present. ARTICLE IV. Stated meetings of the society shall be held at the on throughout the year, except the months of be held at and an anniversary meeting shall on the of CONSTITUTION AND BY-LAWS. 217 ARTICLE V. By-Laws. By-Laws to the Constitution shall be proposed at one stated meeting of the society, and acted on at another. Any motion to amend or repeal a by- law must lie over, at least one stated before it is acted on. meeting, ARTICLE VI. Amendments of the Constitution. Any motion to amend or repeal this Constitution shall not be acted on before the second stated meeting after such motion has been proposed, and then shall not take effect unless by consent of two-thirds of the members present ; but any rule may be suspended, for the time being, by vote of two-thirds of the members in attendance. BY-LAWS. § 1. Quorum. — A majority of the society shall constitute a quorum for the transaction of business ; but a smaller number may organize and adjourn to the next stated meeting. § 2. Vacancies. — Vacancies in any office shall be filled in the way prescribed by the Constitution, at the next stated meeting after the official announce- ment of the same. 10 BY-LAWS § 3. Lectures and Debates. — The Committee on Lectures shall appoint some member to read at stated meeting an original lecture or essay the Committee on Debates shall select some subject for discussion, and provide a person to open the debate, after which the subject shall be open for general discussion by the members. They shall also extend invitations to persons engaged in literary or scientific pursuits, to present any paper or essay which they may deem of interest or im- portance to the society. § 4. Library. — Active members shall be entitled to take books from the Library ; but no book shall be kept by any one longer than weeks without renewal, nor shall it be renewed when another person desires it. Members who retain books beyond the time above limited, shall pay a fine of cents, for every week a volume is retained. Those who lose or injure books, shall pay for the same. § 5. Donations, dec. — It shall be the duty of the Executive Committee to make exertions to obtain donations of books, minerals, botanical and geolo- gical specimens, &c, for the society; to examine from time to time the books of the officers, and to submit to the members annually on the first regular meeting in January, a detailed written statement of the affairs and condition of the society. § 6. Arrears. — Any member whose pav- ement shall be in arrear for months, shall forfeit i'- - - BY-LAWS AND RULES OF ORDER. 219 his membership, and his name shall be stricken from the roll. § 7. Anniversary Meeting. — It shall be the duty of the Executive Committee to take measures likely to secure a general attendance at the anni- versary meeting, to make arrangements for suit- able lectures, to provide for public debates, and to furnish such other literary entertainments as will arouse the minds of the community to the im- portance of the general diffusion of knowledge and sound morality. § 8. Special Meetings. — Special meetings may at any time be called by the President, or by any two members. § 9. At each stated meeting there shall be a subject for discussion selected for the next meet- ing, and reported by the Committee on Debates. § 10. The exercises of the stated meetings of this society shall be public. RULES OF ORDER. § 1. Order of Business. — The order of business at the meetings of the society, shall be as follows, viz : 1. The roll called. 2. Minutes of previous meeting read and, in case of mistakes, corrected. 220 RILES OF ORDER. — CALLED MEETINGS. 3. Reports of Committees read and acted on. 4. Motions, resolutions and other unfinished business of preceding meetings acted on. 5. New resolutions offered. 6. Miscellaneous business. 7. Reading of lecture, essay, or other paper. 8. Debate. § 2. Sectarianism or Politics. — No subject of a direct sectarian or political nature shall be intro- duced before the society. § 3. On Speaking. — No member shall speak more than , nor longer than minutes upon the same subject, unless by permission of the Society; nor shall any member be interrupted while speaking unless for explanation, or when his remarks are foreign to the subject under debate. CALLED MEETINGS. § 1. In the formation of societies, as well as the calling of the various kinds of conventions, and in Town, District and all other public meetings, no- tice* should be given in the way which will best ac- quaint all interested of the intended convocation. Every call should set forth the object of the pro- posed meeting with precision and clearness, and should be signed by its originators. * The most usual -way of doing this is either by publication in the j most extensively circulated newspapers, or by posting up in the most frequented places written or printed notices. ELECTION OF OFFICERS. 221 § 2. At the time named for the meeting to assem- ble, if a sufficient number, to transact business, be present, the one whose name appears first on the call should proceed to organize* in the following way : he should go to the secretary's desk,f and with a few raps secure the attention of those pre- sent, and then say, " Gentlemen the hour appointed for opening the meeting has arrived, I nominate A. B. for chairman. J Those in favor of this nomi- nation will say yea." After a momentary pause the contrary nay. § 3. If the yeas appear to be in the majority, he declares A B-~ — chairman of the meeting. If the nays preponderate, he ought to ask the members present to nominate, and continue to put the question till some one is duly elected. He then declares A. B. or C. D., as the case may be, chairman of the meeting. § 4. The chairman should, at once, advance to his position,! and say, " Gentlemen who shall act as secretary, please to nominate ;" perhaps there will be several nominations. § 5. He then says the name of E. F. was first heard. Gentlemen in favor of E. F. acting as secretary will say yea — contrary nay. Or in case only one name is proposed. He says, " Gentlemen, * In case he is absent, the one whose name is next in order, and so on. f Should it be in a private room it will be sufficient simply to rise and make the announcement. % Or Speaker, Moderator, or President, as the case may be. § In called meetings it is not necessary for the presiding officer to occupy any time in rpturning thanks, &c, for the honor conferred. 19 *~ 222 ELECTION OF OFFICERS. you have heard the nomination just made, shall j G. H. act as secretary," &c. In the same way may be chosen any other officers it is deemed best to appoint. § 6. When a convention is assembled from various counties or states, it may be best for its originator to say, " I propose that we organize temporarily, for the purpose of electing officers and effecting a permanent organization. In which case the chair- man and secretary should be appointed pro tem- pore, in the way above indicated. § 7. Then the selection of persons the best quali- fied to fill the various offices may be referred to a committee who should, at once, retire to a private room, canvass the merits of the different candi- dates, and report with all possible dispatch, their nominations for the action of the assembly. § 8. Or several nominations may be made by the members from the various districts, and the assem- bly may proceed, at once, to elect the permanent officers by ballot. § 9. The first business, in every representative assembly, after its organization, should be the ap- pointment of a committee to ascertain the names of all who have been elected and returned as mem- bers. To this committee should be referred all cases of contested elections. § 10. When the proper officers are elected it will be the duty of the presiding officer to briefly set forth the object of the meeting. After this is done it will be in order for some one who is friendly to its FIXING DAY OF ADJOURNMENT. 223 object to move that a committee be appointed to prepare resolutions, or to arrange any business for its action.* § 11. The chairman then puts the question, if de- cided in the affirmative he says, " Of how many shall this committee consist ?" If more than one number be named the question should first be put on the highest. If that be not agreed to, the next highest, and so on, till the committee shall be elected. § 12. If only one particular number be suggested, say three, the chairman should say, three have been mentioned, the committee will consist of three. He then proceeds to appoint them. § 13. The first person named on any committee is its chairman. It is right to name the mover in the appointment first.f After the names of the committee are announced, the chairman should provide at once a private place for the meeting of his colleagues, in case a room has not been pre- viously set apart for the use of the committee. § 14. If it be known that the business cannot be finished at one session, some member should offer the following resolution, " Eesolved, that when this meeting adjourns it will adjourn to meet again in this place, at o'clock, P. M. Or at Hall, on inst., at o'clock, A. M., or P. M. as may be judged best. When a resolu- * Or in case the design is to form a permanent society to prepare the Constitution and By-Laws. •j- i. e. Chairman. 221 REPORT OF A COMMITTEE. tion of this kind is agreed to, the meeting on clos- ing its session merely adjourns, and the presiding officer declares that the meeting stands adjourned till o'clock, P. M., or any other time pre- viously agreed on. § 15. The object of fixing the time of adjourn- ment, at an early stage of the proceedings, is to prevent confusion, and also to give notice to the largest possible number. While the committee is absent, the chairman or any other prominent per- son present, should address the meeting* on some appropriate and interesting subject. § 16. It is often the case that the mover for the appointment of a committee has already a report, or Constitution and By-Laws, written out in full, which he submits to his colleagues for alteration and improvement. Whether this be done or not, the committee should prepare the report, &c, with the utmost care and dispatch, and, so soon as it is finished, go into the meeting. § 17. The chairman of the committee should then either privately inform the presiding officer of his readiness to report, or take a prominent position so as to be easily seen by him. If any person occupies the floor he ought at once to close his remarks, or if any other business be before the assembly it should give way at the earliest oppor tunity for the report. * The object of the address is to occupy profitably the attention of those assembled. Whenever it is possible to proceed to advantage with any other business, the address may be omitted. ACTION ON A REPORT OP A COMMITTEE. 225 § 18. The moment business is suspended the chairman of the committee should address the pre- siding officer as follows : " Mr. President,* the com- mittee appointed to draw up resolutions-)* expressing the sense of this meeting have directed me to make this report," and then hand it to the presiding offi- cer, who should say, ' : The committe appointed to prepare resolutions^ report (in part or in full, as the case may be,) the following ; will the secretary, or the chairman of the committee, (selecting the one he thinks will be best understood,) read the report ?" § 19. After all the resolutions are read, the presi- ding officer says, " The report is before the assembly, shall it be considered separately or altogether ?"§ § 20. If a majority appear to be in favor of con- sidering it separately he will say, " The first reso- lution is before the assembly." Some member should then move its adoption, and another second the motion. The presiding officer then says, " It is moved and seconded that the first resolution be adopted." slight pause. if no one rises to § 21. After speak, he says, " As many as are in favor of the first resolution say yea." Making a momentary pause, he continues, " As many as are of a contrary opinion, say nay" Then the yeas or the nays, as the case * Or Moderator, Speaker, or by whatever title he may be known. ■}• Or to prepare the Constitution, By-Laws, &c, as the case may be. J Or Constitution, By-Laws, &c. § The best way is to consider it by clauses, if it be of much import- ance, or if any part thereof is likely to be objectionable. Custom of Congress, R*. 4, Ho. Heps. p. 67. 226 ACTION ON A REPORT OF A COMMITTEE. may be, appear to have it. Again, after a mo- mentary pause, he declares the yeas have it. Or if the nays appear to preponderate, the nays have it. The first resolution is agreed to, or rejected. § 22. Sometimes it is difficult to determine which side of a question has a majority. When this happens to be the case, he says it is impossi- ble for the Chair to decide. § 23. Those in tire affirmative will rise.* Sup- pose fifteen members stand up, he says fifteen vote in favor of the resolution. He should then direct all up to be seated and again say, " Those in the negative will rise." Suppose this number be six- teen, he says, " Sixteen vote in the negative ; the resolution is rejected." § 24. Suppose any member doubts the correct- ness of the decision of the Chair, he should say immediately after the presiding officer announces that the yeas or the nays, as the case may be, ap- pear to have it, " I call for a division." § 25. The president should then say, " There is a call for a division. Will E. W. and Z. B. act as tellers."-]- Those in the affirmative will rise, twenty vote in the affirmative ; those of a contrary opi- nion will rise, -twenty vote in the negative; the Chair decides in the affirmative. In case the pre- * In case the meeting is small he should count the votes himself. If it be large he may appoint tellers, or direct the Secretary and the Vice- President to count the voters on each side. f Particular care should always be taken to select one teller from the affirmative and the other from the negative. MANNER OF PROCEEDING IN A CALLED MEETING. 227 siding officer should decline to vote, the resolution would be lost.. § 26. It often happens in called meetings that business is of a local character, and the proceed- ings are not intended to be published ; in a case of this kind the business may be dispatched with- out the form of passing through the hands of a committee. On such occasions, the presiding offi- cer, after making any remark he deems necessary, should say, " The meeting is organized and ready to proceed with business. § 27. It is then proper for any member to offer a resolution, and when it is seconded, the presiding officer should say, " The question is on the resolu- tion, is the meeting ready for the question ?" He then puts it provided no one rises to speak. § 28. If any resolution be in any way objection- able, or if it be incorrectly worded, it will be pro- per for any one to amend the same, or move that it be referred to a committee with instructions to make such alterations, or additions, as may be deemed necessary. § 29. When it appears that there is no business before the meeting, the presiding officer may sug- gest the propriety of providing for the publication of a part or of all the proceedings ; or when this is not necessary that the meeting adjourn sine die.* § 30. When the business has not been finished the meeting should adjourn to such time and place ! Jeff. Man. p. 179, this 'book. * Without naming any day to meet again. A motion to adjourn sine die is equivalent to a total dissolution of the meeting. Jeff. Man. p. 163, this book. Re.49,How Reps. p. 8L 228 INFORMAL MEETINGS. as will probably best accommodate the majority and secure the largest attendance. § 31. The object of an adjourned meeting should always be definitely stated, and public notice be given the same as in the original call. INFORMAL MEETINGS. § 1. It frequently happens that several persons may be collected, especially ladies, where there is no definite subject to occupy the attention. § 2. In such cases time may often be best turned to account by reading extracts from some instructive book, and then making the topic the subject of general conversation. § 3. Again, committees may be appointed to examine the various publications, periodicals, news- papers, &c, and report those which are the most valuable, and the points in which they excel, and also to designate those which have an immoral and deleterious influence. § 4. Much has recently been done towards fill- ing a chasm in the literature of the age by the writing of biographies of eminent and pious fe- males. These books should be in every library, and often form the basis of social discussion. § 5. Original compositions and essays on sub- jects which tend to improve and elevate the stand- ard of female education and female usefulness, afford alike the most pleasing and ennobling exer- cises. DUTIES OF THE PRESIDING OFFICER. 229 DUTIES OF THE PRESIDING OFFICER. § 1. The presiding officer occupies a more influ- ential and exalted position than any other member. Much of the success, prosperity, and often the very existence, of a society depends on his ability and energy. Hence it is incumbent on every one who expects ever to be called on to preside over any deliberative body, to understand a correct uniform system of rules for conducting public business. § 2. It is the duty of every presiding officer to take the chair precisely at the time at which the meeting may be called, or to which it may have adjourned, and immediately call the members to order.* § 3. He should then call on some onef of known probity and piety to open the deliberations with prayer. J After which he says, " A quorum being present, the secretary§ will read the minutes of the last meeting," 1 1 and then proceed with the regu- lar business. * If a quorum be not present, those assembled may take such measures as will be most likely to secure that number by sending for absent members, &c. Re. 65, Ho. Rep., page 85, Rule 8 Senatej page 126. •j- In case no one has been previously designated for that purpose, he should designate the person who would probably exert the most salu- tary influence. t See order for conducting business, page 204. \ In case the Secretary is absent with the records, a Secretary pro tempore may be elected, and any new business transacted. II This is done in order to correct mistakes if any should occur, and also for the information of those who might have been absent. The best way to correct mistakes is for the Secretary to read the minutes imme- diately before the adjournment of each meeting. 20 DUTIES OF THE PRESIDING OFFICER. Re. 147 Ho. Reps, p.106. Re. 43, Sen. 136. § 4. He should preserve order and decorum, and announce each item of business afc the right time. § 5. He should state, or cause to be read aloud, by the secretary, all motions and propositions, properly made, and put the same to vote in a dis- tinct form, and announce the result. § 6. He should sign all acts, orders, and other proceedings of the assembly which require to be authenticated, and cause the same to be attested by the secretary. § 7. He should receive all legitimate messages and other communications, and, at the proper time, announce the same to the assembly. § 8. He should represent and act for the body over which he presides whenever its prosperity and convenience require it. § 9. He should uniformly show himself the faithful guardian of its interests and its honor, by promptly, yet in the most conciliatory way, check- ing any personal reflections that may chance to occur in debate, and, whenever necessary, explain the rules of order. § 10. He should see that the secretary informs the members of committees of their appointment, and whenever necessary explain the nature of their duties. § 11. He should call on each committee at every stated meeting for its report. § 12. He should have the general supervision of the place of 'meeting, and see that the requirements It DUTIES OF THE PRESIDING OFFICER. 231 of the charter, if any, are enforced, and that the Constitution and By-Laws are properly re- garded. § 13. He should carefully protect all the pro- perty of the association ; use all reasonable means to augment its resources, and especially cause its debts to be collected, and see that its funds are invested in the safest and best way. § 14. When two or more members happen to rise at the same time, he should name the one who is to speak first. § 15. He should be constantly on the alert to notice the first approach to personality in debate, and restrain any breaches of order with mildness, but with the utmost promptness and impartiality. § 16. He should make himself acquainted with the ability and character of all the members, so as to make the most judicious selections in ap- pointing committees, and in promoting the highest prosperity and usefulness of the body over which he presides. § 17. He should vote on ballot, and when the assembly happen to be equally divided, his vote on ballot ought to be taken first, but in every other case it should be given last.* § 18. He may call any member to the Chair, if he wish to take part in the debate, or to be absent for a part of the session. If the assembly pro- vides for his absence by electing several Vice- * To avoid exerting an undue influence, and to cause each member to rely on his own judgment. DUTIES OF THE SECRETARY. Presidents ** they take his place and the place of each other in the order of their rank. § 19. When the presiding officer is absent, and there is no Vice-President to take his place, the assembly may elect a President pro tempore, "\ whose powers and duties, for the time being, will be precisely the same as those of the President. § 20. The presiding officer may state questions sitting, but he should always rise to put them. § 21. Although the president may be considered the leading member of an association, yet he may be removed at the will of a majority of the body, over which he presides, and another appointed in his place. DUTIES OF THE SECRETARY.^ § 1. It is the duty of the secretary to make a faithful record of all that is done and passed by the Assembly. § 2. He should read all letters and papers; call the names of the members and note the ab- sentees ; also, when a question is taken by yeas and nays, call the roll, and note the answers. § 3. He should notify each member of every com- mittee of his appointment, and give him a list of * Ordinarily the Vice-Presidents have no duty to perform, but should sit on each side of the President. The First Vice-President should oc- cupy a position at his right side, and supply his place in case of ab- sence, and so on. f For the time or occasion. J When there are several secretaries appointed the one first named should be called on to read the minutes, papers, &c, of the assembly. In case of his absence this duty devolves on the second named, and so on. DUTIES OF THE SECRETARY. 233 his associates, and the order of their appointment, so that each may know who is chairman, and who, in case the chairman is absent, must serve in his place. § 4. He should state clearly, to each committee, the nature of the business to it referred, and he ought to sign all acts and proceedings required to be authenticated. § 5. He should carefully preserve and file, separately and distinctly, all letters-, written re- ports, receipts and documents of every kind be- longing to the assembly, and keep a correct journal of all its proceedings. Every thing of general interest, and every question on which a vote has been taken ought to be carefully recorded. § 6. It is not, however, the secretary's duty to make any report of the speeches, or of motions moved, debated and withdrawn, without being acted on by the assembly. Every resolution, mo- tion, and important subject ought to be written in separate sections. There should be marginal notes on each page of the journal, to answer the purpose of an index to the matter therein contained. § 7. He should never permit any paper to be taken from his custody without the leave or order of the assembly ; he ought always to rise when he reads or calls the roll ; and keep all his papers filed in perfect order, so as to produce any one the moment it is wanted. § 8. He should have adjusted under one head the names in full of all the members of the several ~ 20 * = DUTIES OP THE TREASURER. Cust. of Trean. U.S. committees, and also a correct list of all the un- finished business. § 9. He should pay the closest attention to all motions, amendments, and other business of the assembly, and attest the proceedings of each meeting. § 10. He should register the names of the members alphabetically, and keep an accurate memorandum of the post-office address and resi- dence of each, so as to give him due notice of the time and place of every meeting. § 11. It is the duty of every secretary, at the expiration of his term of service, to deliver to his successor, or to the president, all books, vouchers, letters, papers, keys, and other articles which ap- pertain to bis office. DUTIES OF THE TEEASURER. § 1. It is the duty of the treasurer to deposit in the safest place all the money, notes, and papers of every description belonging to the assembly. § 2. He should charge himself with every item of property received, with the elate, source, and other minute particulars pertaining thereto. § 3. He should not part with any money or other property of the assembly without an order, signed by the president and secretary, or a resolu- tion authorizing him so to do. § 4. These orders and resolutions together, with the receipts of the party receiving the same, are a DUTIES OP THE LIBRARIAN — DUTIES OF A COMMITTEE. 235 bar to all further claims on him for the amount therein specified. § 5. He should, at all times, have his books properly posted, so as to tell the financial condi- tion of the association whenever called on, or so that, in case of death, neither his own estate nor the interest of the society would suffer. § 6. It is proper, though not always required, for the treasurer to give a bond for the faithful performance of his duties. § 7. The treasurer, like the secretary, at the expiration of his term of service is bound to deliver to his successor in office, or to the president, all books, papers, and other property, properly ar- ranged and in good order. • DUTIES OF THE LIBRARIAN. The librarian should have charge of the books, pamphlets, periodicals, maps, engravings, &c, belonging to the library, and ought to keep a record of all matters appertaining to the same ; and at the expiration of his office deliver to his successor, or to the society through its presiding officer, all information, documents, &c, that will tend to augment its usefulness. THE DUTIES OF A COMMITTEE. § 1. Evert assembly must, necessarily, entrust much of its business to committees. It is impos- sible for all the members to examine, thoroughly, each for himself, every item of business that may be presented. 23G DUTIES OF A COMMITTEE. § 2. Hence a committee, as a body, and the members of it personally, should give especial attention to every subject referred to them by the assembly. Each member should individually use constant vigilance to seek information by exami- nation and personal inquiry. § 3. Every standing committee should have its regular chairman and secretary, keep accurate minutes of all its proceedings, and carefully deli- berate on all matters to it referred. § 4. The members of a committee act for and in the place of the assembly; hence it is their duty to examine witnesses, abridge, simplify, ar- range, and put in proper form, all resolutions, papers, bills, and every description of business which may be assigned them. § 5. The duties and powers of committees may be modified or enlarged by definite instructions given, at any time, by the assembly ; it is their duty to meet and attend to the business assigned them with systematic order, and, unless otherwise directed, at times when the assembly is not in session. § 6. A majority of all their members is neces- sary to constitute a quorum ; their business and duties, like those of the assembly, require mutual consultation and deliberation; hence, no business can be properly transacted by separate consultation with every member by the chairman. § 7. If matters are referred to a committee with particular instructions, it must report accord- SELECT COMMITTEES. ,237 ing to the directions given. In all other Cases it may make such a report as it judges best. § 8. A committee may amend any bill or document referred to it, but the amendment should always be on a separate paper, and distinctly state the words to be inserted or erased, and specify clearly the word, or words, the line, or lines, where such alterations are to be made. § 9. A committee has no right to erase, inter- line, disfigure, or alter, in the least, any paper or document referred to it by the assembly. When it is found necessary to make several alterations, it may draft an entirely new paper, and report the same as a substitute for the original. § 10. If the members of a committee be of opi- nion that the subject referred cannot in any way be amended, so as to be productive of good, even then they have no right to reject it, unless the whole business, as well as the form, has been re- ferred. They should report the matter back to the assembly, state their objections, recommend that it " do not pass," and oppose it the same as other members. SELECT COMMITTEES. § 1. Select Committees may be appointed at any time to examine and report upon any speci- fied subject. After making their final report,* | Re.l27,No. Reps. p. 102. * The adoption of the report of a Special Committee dissolves it without any action of the Assembly, but a report may be received and action thereon postponed. 238^ STANDING COMMITTEES. they may be discharged either by a resolution or by a motion. § 2. Standing Committees should be appointed at the beginning of each session, and continue to examine and report upon all business coming within the scope of their jurisdiction. Their reports are justly entitled to the most weight with an assembly, § 3. For both the mover and seconder for the appointment of a Select Committee are placed on the same. The Parliamentary rule requires that those opposed to a subject be not appointed ; this rule in Congress is not strictly observed ; if it were, the reports of Select Committees would have less weight than what they do at present, § 4. For it is presumed that gentlemen in favor of a certain proposition would always report in its favor. It may also be observed that the mover is usually the Chairman, and draws the report agreeable to his own views. STANDING COMMITTEES. § 1. Standing Committees being appointed at the opening of each session, are less liable to be prepossessed in favor of, or against any measure, than those who are appointed, perhaps, at the time of excitement, and after each member has been, to some extent, committed to the measure. § 2. The fact that Standing Committees keep a record of their proceedings, tends to make them more careful in their deliberations ; they STANDING COMMITTEES. 239 also have former committee-books of reports, per- haps for a series of years, to refer to and consult previous to making their report. § 3. In case the chairman is absent, or declines or neglects to appoint a meeting, it is the duty of the committee to meet on the call of any two of its members. §4. In all cases where property is at stake, or whenever there is a temptation for bribery and corruption, the reports of committees should be thoroughly examined by each member of the as- sembly. § 5. For in adopting the report it thereby be- comes the report of the assembly, and all the doings of a committee have precisely the same force and power as though they had been origi- nally drafted and acted on by the assembly, with- out the aid of a committee. § 6. To secure the utmost respect and confi- dence, all standing committees should be elected by ballot.* As drawing the report usually devolves on the chairman, he should be first elected, by himself, and receive, at least, a majority of all the votes cast. § 7. The other members may all be elected at one ballot, and a plurality of votes only be re- quired for a choice. § 8. If, however, an assembly wish to avoid the tediousness of electing a large number of commits * In large assemblies convened from various sections of the Union, the members should nominate the individuals to serve on a committee; but no one should nominate more than one person. Re. 10, Ho. Reps. p. TO. 240 CO nIITTEE OF THE WHOLE HOUSE. tees, it may appropriately delegate this power to the presiding officer, whose reputation and duty alike require him to select the men best qualified to discharge such duty. THE CHAIRMAN OF A COMMITTEE. The first named on a committee should acti as chairman ; unless a majority choose some other member of their body to fill that office. COMMITTEE OF THE WHOLE HOUSE. § 1. All business of great public interest should be first discussed in a committee of the whole House.* The benefits derived from this course * Who debate and amend the subject till they get it into a shape that meets the approbation of a majority, which being reported, and con- firmed by the assembly, may then be referred to a select committee. The following is, in substance, extracted from the journals of Congress, June 8th, 1776. — "After being in session some time, the president re- sumed the chair, and the chairman of the committee of the whole, Benjamin Harrison, of Va., reported that the 'committee had taken into consideration the matter to it referred, but not having come to any resolution thereon, directed him to move to sit again on the 10th.' 'Resolved, that this Congress will, on the 10th inst., at ten o'clock, re- solve itself into a committee of the whole, to take into their further consideration the resolutions referred to them." June 10th, 1770. " Agreeably to order, Congress resolved itself into a committee of the whole, to take into further consideration the resolutions to it re- ferred ; and after some time spent thereon, the president resumed the chair, and Mr. Harrison reported that the committee have had under consideration the matters referred to it, and have come to a resolution thereon, which they directed him to report." "Resolved that these United Colonies are, and of right ought to be, free and independent states ; that they are absolved from all allegiance to the British crown : and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved." June 11th, 1776. " Resolved, that the select committee for preparing the Declaration of COMMITTEE OF THE WHOLE HOUSE. 241 are, that the assembly assumes the character of a colloquial meeting, where each member offers and receives advice. Several legislative rules are not enforced; the speeches are generally shorter, and the opinions of a majority may thus be better elicited. § 2. The parliamentary rule permits a person, in committee of the whole House, to speak as often as he can obtain the floor. But in Congress a member is prohibited from speaking twice on the same question, till each one has had an opportu- nity to express his views. This is a wise regula- tion, for those not in the habit of speaking are generally brief, and confine their remarks strictly to the merits of the question, and the leading points of the subject, without entering into its details. § 3. The form for any body to go into a com- mittee of the whole house is for the presiding offi- cer, on motion of some member, to put the question, that the house or meeting now resolve itself into a committee of the whole, to consider the proposed business (which should be distinctly specified). If determined in the affirmative, he appoints some one as chairman, then leaves his place and takes a seat the same as any other member, and the person appointed chairman does not occupy the speaker's chair, but sits at the table of the secre- tary. A committee of the whole cannot adjourn Independence consist of five. The committee were chosen as follows : Benjamin Franklin of Pa., John Adams of Mass., Thomas Jefferson of Va., Roger Sherman of Conn., R. R. Livingston of N. Y." 21 Q THE MOTION TO COMMIT. as other committees may, but if business is un- finished it rises on a question. § 4. The house or meeting is then resumed; the chairman reports that the committee have, accord- ing to order, had the business under consideration, and made progress therein ; but not having time to finish it, have directed him to ask leave to sit again. The question is then put, on having per- mission, and on the time the house will again re- solve itself into a committee of the whole. § 5. The committee can consider only the sub- ject to it referred. When this is done,* the chair- man should say, " The propositions under consi- deration are closed, the committee will rise." He ought then to return to his place in the assembly, and the regular presiding officer should, at once, resume his official seat, and the chairman of the committee ought immediately to say, " Mr. Presi- dent, the committee of the whole housej- have had under consideration the subject." [Here state it and the result of the deliberations thereon.] The secretary of the assembly records nothing but the report of the chairman. THE MOTION TO COMMIT. § 1. Whenever a proposition, or business of any kind, is brought before an assembly, which is de- * Or when the committee cannot proceed further for the want of time, or for any other cause, the chairman should report according to the facts of the case. •j- For Committee of the Whole on the state of the Union, see note on the 76th page. THE MOTION TO COMMIT. 248 sirable to pass, but the form in which it is intro- duced is crude and defective, a motion should be made to refer the subject to a committee, which is styled a commitment.* § 2. This motion may be amended by substi- tuting a different committee ; by increasing or les- sening the number; or by definite instructions which may be done to procure further information, and postpone the subject for future consideration. § 3. When different committees are proposed, the question should be taken in the following order : 1st. Committee of the whole house. 2d. A stand- ing committee, and 3d. A select committee. As a general rule, the subject should be referred to a standing committee, provided there be one suitable to take cognizance of it. If not, a select commit- tee ought to be appointed. § 4. Any member of an assembly may be pre- sent at a select committee, but cannot vote, and must give place to all of its members. With the exception that the title or subject cannot be changed, a committee has full power over any bill or paper committed to it. § 5. The paper before committees, whether se- lect or of the whole, may be a bill, resolutions, or draft of an address, either referred to, or originat- ing with them. In all cases the paper should be first read by the secretary of a committee, and then by the chairman, by paragraphs; a pause * In case it has already been referred, it is styled a re-commitment. See Sec. XXIII. page 165, and the note thereto. Re. 47, Ho. Reps. p. 80. Jeff Man., Clause 7 th, p. 163. Clause 8th, p. 163. 244 THE MOTION TO COMMIT. Jeff. Man.,1 Clause 1st, 1 p. 164. Re. 1M, Ho. Reps. p. Jeff. Man. Sec.25,p.l66, Ibis book Jeff. Man latter part, Sec. 8, p.154. And claust 4th p. 164 this book. being made at the end of each, and questions for amending put, if proposed. § 6. With respect to resolutions on distinct sub- jects emanating from themselves, questions should be put on each separately as amended or un- amended, but no final question on the whole; though if they relate to the same thing, a question should be put on the whole. § 7. If the paper originating with them be a bill, draft of an address, &c, they should proceed by clauses to put questions for amending, either by insertion or omission, if proposed ; but no question on agreeing to the paragraphs separately : at the close a question should be put on the whole for agreeing to it as amended or unamended, § 8. If a paper be referred to them, they should put questions of amendment, when proposed, but no final one on the whole ; for all parts of the paper having been adopted by the assembly must stand, unless altered or struck out by a vote. § 9. The rules of order that govern assemblies, in most cases, apply to committees, but not always ; for example, disorderly words or conduct in a com- mittee cannot be punished by the members thereof; all they can do, is to take down the words, note the conduct, and report the same to the assembly for it to adjudicate and punish. § 10. After a committee has agreed upon a report, on the business entrusted to it, some member should move that the committee now rise, and that the chairman, or in his absence some other FORM OF THE REPORT OF A COMMITTEE. 245 one, report the result of the proceedings to the as- sembly, which being agreed to, terminates their deliberations. FORM OF THE REPORT OF A COMMITTEE. § 1. The chairman, or the member appointed to make the report, at the proper time, should rise in his place and inform the assembly, that the com- mittee to whom was referred the [naming the title of the paper or business to the committee referred] have, according to order, had the same under con- sideration, and directed him to report thereon, with or without amendment, as the case may be. § 2. He then hands the report to the presiding officer, or proceeds to read it, if desired. It is usual in legislative assemblies to have all the im- portant reports of committees printed, and to dis- pense with the reading till the subject comes up for final action. § 3. Making the report and its adoption dis- solves the committee. If, however, the assembly de cline to receive it on the ground of new matter, or any other cause, the committee is not dissolved, but may be required to re-examine the subject and make another report. § 4. A committee may report, simply stating the facts and the results of their deliberations, without any resolution respecting the business to it referred. Reports of this kind should terminate with, " Re- 21 *~ 246 REPORTS OF A COMMITTED —THE MINORITY REPORT. solved that this committee be discharged from the J further consideration of this subject."* REPORTS OF A COMMITTEE. § 1. Or a committee may state the facts, &c., and conclude by condensing them and all the reas- onings thereon, in the form of a resolution or a series of resolutions, or it may report by resolu- tion without any preliminary observations. § 2. All resolutions should recommend definite action, and form the basis of proceeding for an as- sembly. § 3. The first question after a report, is on its re- ception or adoption. If it contains only a state- ment of facts, reasonings, or opinions, the question should be on its acceptance. -f §4. If, however, it contains a resolution, or de- finite propositions of any description, the question should be on its adoption. THE MINORITY REPORT. § 1. Each member of every committee is pre- sumed to have carefully examined the subject re- * In Congress, when the business is unfinished, the form of pro- ceeding varies. The chairman of a committee of the whole House on the state of the Union, reports that " the committee have come to no resolution thereon." The chairman of a committee of the whole House "reports progress, and asks leave to sit again;" and the chair- man of a standing or select committee when called on, simply announ- ces the fact that " the committee are not prepared to report." See page 153. f And the acceptance or adoption of the report, under these circum- stances, dissolves a special committee. PRECEDENCE OF QUESTIONS. 247 ferred, in all its bearings ; hence, should any one differ in opinion from his colleagues, and be desir- ous of placing his views and conclusions before the assembly, he may do so by making a separate and distinct report, immediately after that of the majority. § 2. Whenever any one of a committee feels it his duty to make a statement different from his colleagues, he should signify his desire to some member, who should move that action on the re- port of the majority be postponed in order to hear that of the minority,* and immediately after it is made, a motion will be in order to take up, for consideration, the report of the majority, but that of the minority may be substituted for it, or the subject may be recommitted with instructions, or the whole matter may be referred to a new com- mittee. PRECEDENCE OF QUESTIONS. § 1. The proposition first moved and seconded * When the minority are not ready to report, the whole matter may bo postponed till another meeting, or the assembly may proceed at once to act on the report of the majority. Whenever a committee may be divided, the following are the appropriate forms : The undersigned, a majority of the committee on the , to whom was referred the relating to -. , have bestowed upon them that deliberate con- sideration which their importance is entitled to, and beg leave to sub- mit the following report : Report of the Minority of the Committee on the The undersigned, a minority of the committee on the , to which were referred the relating to , beg leave to submit the follow- ing report : I 248 PRECEDENCE OF QUESTIONS. . "1 should be put first, unless a privileged question arises. § 2. The following are privileged questions, and have precedence in the order in which they are arranged : 1. A motion to fix the day to which the as- sembly shall adjourn. 2. To adjourn. 3. To lie on the table. 4. For the previous question. 5. To postpone to a day certain. 6. To commit. 7. To amend. 8. To postpone indefinitely. § 3. The design of the privileged questions is to subserve the interests of the assembly. A propo- sition, of great benefit, may be brought forward, which the majority may not comprehend, and con- sequently deem useless, or inexpedient, and which, if put to a direct vote, would be rejected ; hence, the motion to lay a proposition on the table, which admits of no amendment, will often prevail, and upon further examination it may be called up and passed by the votes of those who, if urged to vote in the first instance, would have rejected it. § 4. The previous question is designed to rid the assembly of an unnecessary discussion. It is not in order, and should not be put unless demanded by a majority present. The postponement to a day certain, gives the members more time for deliber- PRECEDENCE OP QUESTIONS. 249 ating thereon, or affords them an opportunity to at- tend to other business requiring immediate action. § 5. When a proposition ought to be condensed, simplified, or materially altered in any way, it should be referred to a committee. If it need only a slight alteration, a motion to amend it may be all that is necessary. § 6. When it is desirable to reject any question in a delicate manner, indefinite postponement should be moved. § 7. The main question may also be delayed by the introduction of questions which affect the per- sonal rights and privileges of the members, or of the assembly itself; for example, a quarrel may arise between some of those assembled, or the business of the meeting may be interrupted by some other kind of disorder. § 8. Questions growing out of cases of this de- scription, take the precedence of all others, except those pertaining to adjournment, and should al- ways be first decided. When order has been re- stored, business should be immediately resumed at the point at which it was suspended. § 9. A question that arises out of another, should be decided before the original one, from which it arose ; hence an amendment to an amend- ment should be first put; then the amendment, and lastly the original question, either with or without amendment, as the case may be. § 10. When a question of order arises, it arrests all consideration of the subject out of which it 250 ADJOURNMENT. — ORDERS OF THE DAY. arose, and should be first decided, after which the business that gave rise to it should, unless disposed of by the question, be resumed at the point at which it was suspended. All questions of order should be promptly decided, without debate, by the presiding officer. ADJOURNMENT. § 1. A motion to adjourn is always in order, un- less it be made immediately after the question to adjourn has been negatived ;* then it would not be in order, for the question already decided would be the same as the one following it. § 2. An assembly may adjourn for conference, or for a certain number of minutes. § 3. Should a regular adjournment take place during the consideration of any business, or before any question is decided, the subject before the as- sembly at the time is thereby removed, and will not come up as the first business of the next meet- ing, but will take its place as the first item in order on the roll of unfinished business. ORDERS OF THE DAY. § 1. When any subject before an assembly is postponed to a certain day, it is called the order for that day. If two or more subjects be post- poned to the same day, they form the orders for that day. * Or unless a motion be made to fix the time to which the assembly will adjourn. [See note to Rule 48, Ho. Reps. p. 80.] READING PAPERS. 251 § 2. If a subject be postponed to a certain hour of the day named, it is not a privileged question before that time. If no hour be stated, it takes precedence of all other business for every part of that day, or so much of it as is necessary for the final decision. § 3. A motion for the order of the day takes precedence of all other questions, and should be first put to vote ; unless a motion be made to ad- journ, or a question arise respecting the rights and privileges of the assembly, or some of its mem- bers. § 4. The business before an assembly, at the time it is decided to take up the special orders of the day, is affected precisely the same as if it had then adjourned, and comes up, as a matter of course, first on the roll of unfinished business at the next meeting. READING PAPERS. When documents, or papers of any kind, bearing directly on the question, are in possession of the assembly, any member may demand that they be once read, and it is the duty of the presiding offi- cer to take the vote thereon; or when it appears evident that the reading of a paper will give im- portant information, and tend to dispatch business, he may direct the secretary to read it, but if any member object, a vote should at once be taken as aforesaid. Re. 30. Sea p. 1.10. Jeff. Man. p. 100 and 168, this book. Re. 58, Ho. Reps. p. 84 Re. 67, Ho. Reps. p. 84. RuleH.Sen. p. 127. 252 ORDER OF BUSINESS. — THE PREVIOUS QUESTION. ORDER OF BUSINESS. § 1. If an important motion, or business of any kind, be obstructed by some rule or regulation, it may be suspended, for the purpose of disposing of the same by a vote of two-thirds of the members present. § 2. A motion to suspend should always be put before the consideration of the question which would be in order by the rules of the assembly. § 3. No motion or proposition on a subject differ- ent from that under consideration, should ever be allowed, by way of amendment. THE PREVIOUS QUESTION. § 1. When the previous question is moved, and seconded by a majority, the presiding officer should rise and say, " The previous question has been moved and seconded. Shall the main question* be now put?" § 2. The object of a call for the previous ques- tion is, generally, to wind up a tedious and unpro- fitable debate. This question, if decided in the affirmative, suspends all further consideration of the main subject, and stops all debate or amend- ment pertaining thereto/}" and the vote is at once taken without further deliberation. * The main question is the principal and original subject. See the note to Rule 50 at the bottom of the 81st page. f In Congress, the mover of the previous question aims to get an affirmative decision, and bring the subject to a direct vote. In Parlia- ment, on the contrary, the design is to get a negative decision, and sup- press a vote en the question altogether. A negative decision, accord- THE PREVIOUS QUESTION. 253 § 3. A direct vote may be taken on any subject, without the previous question, by a rule that after a specified time, appropriated to its consideration, all debate thereon shall cease, and that the assem- bly shall vote directly on all questions pertaining thereto. § 4. Or a society may make a rule that no mem- ber shall speak more than once, nor longer than a certain number of minutes. § 5. No debate should ever be allowed on the previous question after it is properly demanded, but the vote should always be first taken on the auxiliary, or as they are sometimes called, subsi- diary questions, provided the main subject is so encumbered. § 6. For example, suppose it has been moved and seconded to refer the main question to a com- mittee previous to the call for it ; then the vote aould first be taken on that proposition, and ,hould it prevail, the main question would be dis- posed of. But if not, the next vote should be on amendments, if any, reported by a committee ; then on amendments, if any, proposed in the assembly ; and lastly on the main question itself.* § 7. If, when the previous question is called, ing to Parliamentary usages, puts off all further consideration of the main question ; but by a negative decision, according to the custom of Congress, the debate goes on the same as if the motion for the previous question had not been made. * The Parliamentary practice is contrary to the Congressional rule in regard to this question. See previous question, Jefferson's Manual, page 172 this book. 22 THE MOTION TO COMMIT — AMENDMENTS. there be no secondary questions pending, then the vote should be taken directly on the main ques- tion. § 8. A motion to postpone to a certain day may be amended by the substitution of a different time, provided it be within the session of the assembly, so as not to make the subject different from the one first under consideration. THE MOTION TO COMMIT. § 1. The motion to commit* is next in order, and may be amended by substituting a different committee, by increasing or diminishing the num- ber, or by instructing the committee to introduce some particular amendment. § 2. When a motion to commit, or recommit, as the case may be, is decided in the affirmative, the principal question, and every thing pertaining thereto, is removed, for the time being, from the assembly ; but if it be negatived, it will still re- main, and must be disposed of in some other way. AMENDMENTS. § 1. There are three different ways of making amendments : 1st. By inserting or adding some specified word, phrase, sentence or section. 2d. By striking out some specified word, phrase, sentence or section. * Or if the subject has been once before a committee to ?-e-commit. AMENDMENTS. 265 3d. By striking out some particular part, and inserting, or adding in its stead, or otherwise, some word, phrase, sentence or section. § 2. Every proposition of several sections ought to be first read throughout by the secretary. Then the presiding officer should read it, by clauses, beginning immediately after the preamble, and pausing, at the end of each clause, to give room for inquiries, amendment, &c. § 3. After any portion of a bill, or paper, has been amended, it is not in order to go back and make any additional alteration or amendment. The only means to reach this point is by reconsi- deration. § 4. The right way to consider and amend every paper, is to commence at the beginning and go through it by clauses. But on the second reading by the presiding officer, the preamble, if any, should be omitted till all the other parts have been acted on, for the reason, that on the exami- nation of the balance of the paper, such changes may be made therein as to require the alteration of the preamble. § 5. It is in order to move an amendment to an amendment, but no further.* When, in the opin- ion of any member, an amendment to the amend- ment may be improved, he may give notice that if rejected in the form A. B., in which it is pre- sented, he will move it again in the form C. D., in which he desires it. * It is never in order to amend an amendment to an amendment. UST-See page 288. 256 AMENDMENTS. § 6. A resolution may be amended by striking out all after " resolved," and inserting a new pro- position, provided it relates to the subject under consideration. § 7. If it be moved to amend, by striking out a paragraph, the friends of that paragraph may make it as perfect as they can by amendments, before the question is put for striking it out. In such cases the amendments become a part of the original proposition, if the first motion to strike out should be rejected. § 8. Again if it be moved to amend by striking out certain words, it may be moved as an amend- ment to that motion, to strike out only a part of the words proposed to be stricken out by the first amendment ; which latter motion, if it prevail, is equivalent to leaving the words, stricken out of the first amendment, in the bill. [See page 288.] § 9. A motion for an amendment, once nega- tived, cannot be renewed in the same form. § 10. If an amendment be proposed and agreed to, by striking out or inserting some specified word or words, the question cannot again be put to strike out or insert the same words. The propo- sition, in its original form, can only be had by re- consideration. § 11. But the same words, or a part of them, may again be used in connection with other words, pro- vided they are so arranged as to make a proper coherence and a different proposition. § 12. When it is moved to amend by striking MODE OF DEBATE. 257 out, or by adding or inserting, or by striking out- some specified words and adding or inserting others, the question should be stated by reading the whole proposition to be amended as it stands. Then the words proposed to be stricken out. Next, those to be inserted, and finally the whole propo- sition as it will be if amended. § 13. After all the amendments have been dis- posed of, the presiding officer should put the final question, on agreeing to, or adopting the whole bill, or paper, amended, or unamended, as the case may be. MODE OF DEBATE. § 1. No person, in speaking, should mention any one present by name, but ought to describe him by the place or State he represents, or as the member on my right or left, or the member who spoke last, or the last but one, or the gentleman on the other side of the question, or my colleague, or the gentleman who offered the resolution or the amendment, &c. § 2. The object of this mode of procedure is to do away with all manner of excitement, and to exclude all personal feeling, both of friends hip and of enmity. The members should each act in an official, not personal, capacity. § 3. No one should ever use language offensive or insulting to the assembly, or any member thereof. The consequences of a measure may be denounced in strong terms, but everything per- 22 * R 258 MODE OP DEBATE taining to the motives of those who advocate it, should be scrupulously avoided. § 4. When a member is called to order, the ex- ceptionable words should, at once, be written down. § 5. When a member has spoken once, and de- sires to occupy the floor again, before others wish- ing to speak have done so, he ought to ask leave of the presiding officer, who says, " Shall the member have leave ?" If no objection be made, or if objected to and decided in the affirmative, he says, " The gentleman will proceed." § 6. Leave should always be obtained to make any statement to the assembly which does not in- volve a motion. No subject ought to be consid- ered open for debate till after it has been stated by the presiding officer. § 7. All incidental questions of order, motions to reconsider, to take up particular items of busi- ness, and to read documents pending a question, should be promptly decided without debate. § 8. No member should be permitted to occupy more than one hour in debate. In societies that hold only one meeting, it will be advantageous to limit each individual to a certain number of minutes. § 9. Whenever a member is declared out of order, he should not be permitted to proceed, if any one object, without the consent of the as- sembly. § 10. A faithful observance of the rules for con- QUESTIONS NOT DEBATABLE. 259 ducting public business best promotes the har- mony, prosperity, and usefulness of every deliber- ative body. It is not enough for a few to un- derstand legislative proceedings, for then business is transacted and power exercised by a minority, the real criterion of a monarchy. §11. The genius of free institutions presupposes that each member, however humble, as an indi- vidual, has an equal right with every other one, to submit his propositions, bring forward official busi- ness, explain, recommend, and discuss all matters pertaining thereto. § 12. No assembly should ever know a member either with undue favor or prejudice, but should always look to the merits of the case, and pa- tiently examine and deliberately decide thereon. QUESTIONS NOT DEBATABLE. § 1. In order to economize time, and secure dis- patch of business, the following questions should never be debated : 1. Amotion to fix the day of adjournment. 2. A motion to adjourn. 3. A motion to lie on the table. 4. The previous question, and all incidental questions pertaining thereto. 5. All appeals in calls to order. 6. All questions relating to priority of business. 7. A motion to read any paper. 8. A motion to take the yeas and nays. Ee. 48, Ho. Reps. p. SO. Re. 50 auu [61, Ho. Rep. pp. 81 and 182. Re. 35, no. jRep. p. 77. Re. 113, Ho. iReps. p. 98. |Re. 14, Sen, p. 127. Re. 16, Sen. p. 127. 260 THE DIVISION OF A QUESTION. Custom of Congress. Re. 6, Sen. p. 123. Re. 53, Ho Reps. p. 82. And Re 12, Sen. p 128. Re. 151, Ho. Reps. p. 106. Re. 53, Ho Reps. p. 82. 9. A motion relating to priority of business or to any particular part thereof. 10. A motion to reconsider. 11. And all motions relating to order should be promptly put or decided by the presiding officer, subject, however, to an appeal. THE DIVISION OF A QUESTION. § 1. When a question in debate contains two or more separate and distinct points, any member may have the same divided. When there is a call for the division of a question, the presiding officer should determine whether it is susceptible of sepa- ration ; if so, into how many parts it may be divi- ded. § 2. The member who calls for the division of a question, should also state the form in which he pro- poses to have it taken, for a motion to divide as- sumes the nature of an amendment, and as such may be amended. § 3. It may happen that a proposition will con- tain several separate and distinct parts, some of which may be very pernicious, while the others will be exceedingly beneficial. Hence the wisdom of the rule in permitting any member to demand a division. It offers the shortest way of amend- ment, and throws every question upon its own in- trinsic merit.* * This rule, though sanctioned by both Houses of Congress, is con- trary to the Parliamentary rule. See division of the question, Jeffer- son's Manual, page 175, this book. TO LIE ON THE TABLE. 261 INDEFINITE POSTPONEMENT. Indefinite postponement admits of neither de- bate nor amendment; it suppresses a question al- together, without coming to a direct vote thereon in a way which cannot be renewed during the ses- sion. This motion decided in the affirmative in Congress, is equivalent to the previous question decided in the negative according to the ancient rule in parliament. postponement to a certain time. When an assembly has more subjects before it than can be disposed of in one day ; or when its members wish for more information, or want time for examination and reflection, a motion should be made to postpone the business to a certain time, when different days are named, the question should be first put on the longest period. TO LIE ON THE TABLE. § 1. The motion to lie on the table takes pre- cedence of every other, except that of adjournment. When an assembly wishes to lay aside the consi- deration of any proposition for a short, but indefi- nite time, the motion to lie on the table should be made. § 2. If this motion be decided in the affirmative, the main question, with every thing pertaining thereto, is removed. All subjects lying on the Re. 52, Ho. Reps., p. 82. Custom of Congress. Re. 130, Ho. Rep. p. 102. Re. 46, Ho. Reps. p. 79. 262 THE MOTION TO RECONSIDER. Re. 56, Ho. Eeps. p. 83 Be. 20, Sen. p. 128. Re. 44, Sen., p. 135. table may be renewed whenever it suits the con- venience of the assembly. § 3. The motion to lie on the table is often re- sorted to by those unfavorable to a proposition, the operation of the rule being similar to the ancient application of the previous question, for, unless a majority afterwards consent to take up the subject, it is quashed. § 4. When it is proposed to lay any proposition, report, resolution, or paper on the table, the friends of the measure should have it limited to a specified time, or until certain questions have been decided; after which, a motion should be made that the assembly proceed to consider the subject on the table. THE MOTION TO RECONSIDER. § 1. When a motion has been carried, either in the affirmative or negative, it is in order for any member who voted on the side which prevailed to move for a reconsideration, on the same or the succeeding day, or at the next meeting after the one at which the question proposed to be recon- sidered was passed or rejected. § 2. But no motion to reconsider is in order after the subject upon which the vote was taken shall have been announced, by authority, and gone out of the possession of the assembly. § 3. In all cases a motion to reconsider should be decided by a majority of the votes present, and it takes precedence of all other questions, except APPEAL. 2G3 those to adjourn, and brings the whole subject up for debate the same as if it had not been acted on. § 4. Adroit politicians sometimes vote on the side of their opponents when a question is likely to be lost for the purpose of moving a reconsidera- tion ; but if it appears that a few members wish to retard the public business by this manoeuvre, it is proper to lay the motion to reconsider on the table, which effectually disposes of it, unless a ma- jority desire to call it up again. APPEAL. § 1. A decision of a presiding officer may be made the subject of appeal by any two members, and the motion to appeal may then be debated and decided the same as any other question. The pre- siding officer may give the reasons for his decision, but neither he nor any member should speak more than once, without leave of the assembly. § 2. When an appeal is made from the decison of the chair, the question ought to be put in the following manner : " Shall the decision of the CHAIR STAND AS THE DECISION OF THE ASSEMBLY?" § 3. The appeal and the vote thereon should be recorded by the secretary.* The question of ap- peal supersedes, for the time being, the further consideration of the subject before the assembly ; but so soon as it is settled business should be re- sumed at the point at which it was interrupted. Re. 56, Ho. Reps., and Note, p. 83. * It is always in order to move that the appeal lie on the table. Re. 2. Ho. Reps. p. 67. 264 MOTIONS. Rls. 9 and 10, Sen. p 126. Re. 43,Ho. Reps. p. 79, Re. 45,Ho. Reps. p. 79. MOTIONS. § 1. No motion should be put till it be seconded by some member * Every motion should, if de- sired by the presiding officer, or any member, be reduced to writing, and read, before any action or debate thereon. § 2. Every motion properly made should either be stated by the presiding officer, or, being in writ- ing, read aloud by the secretary. § 3. After a motion is stated, or read, it is in possession of the assembly, but may be withdrawn by the mover at any time before an amend- mentf or decision. § 4. When a question is stated, the presiding officer should first give the floor to the mover, if he rises to speak. When a motion to consider any particular item of business is negatived, it cannot be renewed till some other subject has been dis- posed of. § 5. When business is brought before an assem- bly which is not desirable to consider, a motion for indefinite postponement may be made. § 6. When a subject is presented in a suitable form, a motion to proceed with its consideration, or to adopt, or reject it, may be made. § 7. When the general outline of a proposition is acceptable, and desirable to be passed, with some * The presiding officer, if a member of the assembly, may second the question. ■)■ After an amendment it can only be withdrawn by general consent, or by a unanimous vote. QUORUM. 265 erasures, additions, or other changes, a motion to amend may be made. * QUORUM. § 1. Every assembly, to attain the highest de- gree of usefulness, should have the respect r.nd confidence of the community. Important ques- tions may be decided by one vote. § 2. It is to be presumed that the larger the number present, the more wisdom will be brought to bear on the subject under consideration ; the less hasty and ill advised will be the proceedings , the more in accordance with the will of the majority and the welfare of the whole community, will be the action of the assembly. Hence, a majority of all the members should be necessary to form a quorum .f § 3. Business cannot be lawfully commenced without a quorum, nor can the proceedings go on, if at any time there be not a majority of mem- bers present. § 4. A less number, of a permanent assembly, than a quorum may send for the absent members, or adjourn from time to time, till a quorum be ob- tained.J * Any assembly may make a rule that a smaller number than a ma- jority shall constitute a quorum. -j- No one should accept a public trust, unless there is a strong proba- bility that he will be able to serve his constituents, by giving the busi- ness committed to his charge his personal attention and support. % See Quorum, Sec. 3, Jeff. Man., page 150, this book. ===== - ~23 260 THE QUESTION. § 5. No member should be permanently absent, from the services of the assembly, unless he have leave, or be sick, or unable to attend. THE QUESTION. Custom of Spkrs Ho Reps. Custom of Congress. § 1. When a member offers any subject for the consideration of an assembly, his proposal is called a motion ; when the motion is stated by the presiding officer for acceptance or rejection, it is called a question ; when the question is adopted, it becomes the judgment and act of the assembly, and is called its resolution or law. § 2. Whenever deliberation on any subject appears to be closed, the presiding officer should rise and say, " Is the assembly* ready for the ques- tion ?" And, after a momentary pause, unless in- terrupted, he proceeds to state the question, or calls on the secretary to read it,f and then takes the vote thereon. § 3. Whenever it is reasonable to suppose that no objection will be made, the presiding officer may economize the time of the assembly, by dis- pensing with the formality of taking a vote, by saying, " If no objection be offered the report will be received." " The petition will be received." * Society, meeting, or convention, as the case may be. f It will often occur that the question can only be stated by the presid- ing officer. The presentation of petitions; the reports of committees; the call for the yeas and nays, &c, are examples of this kind. In these cases the question should be, " shall the petition, or the report be re- ceived?" "It is moved and seconded that the yras and nays be | taken," &c. THE YEAS AND NAYS. 267 " The secretary will read the paper." " The gen- tleman from , has leave to withdraw the mo- tion," &c. § 4. In every instance of this kind, the consent of the assembly is taken for granted. If any one, immediately after a vote has been declared in this summary, but informal way, offers any objec- tion, the presiding officer should say, " The ques- tion has been objected to." It cannot be put unless regularly moved and seconded. § 5. An intelligent and skilful officer will cause an assembly to dispatch, in a proper manner, more business in one day, than an indolent or unin- formed one would accomplish in thrice the time. § 6. In stating a question, the affirmative should always be put first. No member should vote who was not in the room at the time the question was put, but every one present then should vote, unless he has a direct personal or pecuniary interest in the question, or unless he is excused. THE YEAS AND NAYS. § 1. When questions of great importance are before an assembly, the members should vote with the utmost care and deliberation. To secure wise legislation, and impress representatives with a due sense of responsibility to their constituents and to the Union, the framers of the Constitution of the United States, inserted a clause requiring both Houses of Congress to keep a record of the votes THE YEAS AND NAYS. of the members thereof, whenever desired by one- fifth of those present.* § 2. This precaution was necessary, for in all the Parliamentary rules of England, which were generally adopted in the United States, no pro- vision of the kind exists. This is a feature too republican in character to suit monarchial legisla- tion, and it is a reason why Congressional rules should be followed instead of Parliamentary. § 3. Whenever any member calls for the yeas and nays, the presiding officer says, " There is a call for the yeas and nays ; those in favor of the call will rise." If one-fifth of the membersf rise, he says, "The yeas and nays are required. As many as are of the opinion that, [stating the question,] will [when their names are called,] answer yea ; and as many as are of a contrary opinion, will answer nay." " The secretary will call the roll." § 4. After the names of all the members have been called, the secretary reads first the names of those in the affirmative, and then those in the ne- gative, so that mistakes, if any, may be corrected. He then adds up the number on each side, and hands the result to the presiding officer. * The calling of the yeas and nays in the House of Representatives of the United States, occupies usually, when done in the most expedi- tious way, about one hour, and costs, at a moderate estimate, the Government five hundred dollars, on an average, every time the yeas and nays are called. Hence, it was judged best to fix the number as high as one-fifth of the members present. -j- Or whatever number may be prescribed by the by-laws. If less i, than the required number should rise, he says the motion is lost. !' . - -J A SYNOPSIS OF ENGLISH LEGISLATION. 269 A SYNOPSIS OF ENGLISH LEGISLATION. § 1. Parliament is the Legislature of the United Kingdom of Great Britain and Ireland. It is com- posed of three branches, namely, the King or Queen, the House of Peers, and the House of Com- mons. § 2. The kingly office is hereditary, and forms the executive* branch of the legislature. As head of the church, the king (or queen as the case may be) appoints all archbishops and bishops. All other titles of honor must also emanate from the crown. § 3. The house of peersf is also hereditary, and is composed of the lords spiritual, consisting of two archbishops, twenty-four English bishops, and four Irish representative bishops, with the lords tempo- ral, consisting of twenty-four dukes, twenty mar- quises, one hundred and fourteen earls, twenty viscounts, two hundred and eleven barons, sixteen representative peers of Scotland, and twenty-eight representative peers of Ireland, making a total of four hundred and thirty- three. § 4. The House of Commons J consists of two hundred and fifty-three representatives of counties, who are known as knights of shires, and are re- quired to have an annual income of two thousand six hundred and sixty-six dollars. There are also four * The corresponding office in the United States is the Presidential. + The corresponding house in the United States is the Senate. J The corresponding branch in the United States is the House of Representatives. 23 * 270 A SYNOPSIS OF ENGLISH LEGISLATION. hundred and five representatives from cities and boroughs, who are each required to have an annual income of at least thirteen hundred and thirty- three dollars. Those representing cities are known as citizens, and those from boroughs as burgesses. Total in the house of commons, six hundred and fifty-eight. § 5. The privilege of voting is subject to various and intricate laws, owing to the position of the citizen, but in every case a voter must have his name registered in the place in which he resides. No one is permitted to vote who has less than two hundred dollars worth of real estate, or who does not pay rent for property worth at least eleven hundred dollars. § 6. The king convokes parliament, and at the beginning of each session delivers to both houses an address,* stating the matters he wishes them to consider and act on, and until this is done neither house can proceed with any public business. § 7. On the assembling of a new parliament the Lord Chancellor^ states that his majesty will, so soon as the members are sworn, declare the causes for calling this parliament. The House of Com- mons then proceed to elect their speaker, and all the members take the oath of office. § 8. Before any business is undertaken prayers * Corresponding to the message of the President of the United States. | Who presides over the Hou^e of Peers. A Parliament continues for seven years, unless sooner dissolved by the crown, i. e. the members of the House of Commons are elected for the term of seven years. The peers, of course, hold their office for life. A SYNOPSIS OF ENGLISH LEGISLATION. 271 are read ; in the house of lords by a bishop, and in the commons by their chaplain. The former usually meet at five o'clock in the afternoon, the latter at four. § 9. Three members in the house of peers, and forty in the house of commons, make a quorum for the transaction of public business. When any question arises on which a difference of opinion is expressed, those in affirmative in the house of lords answer content, and those in the negative non content. In the house of commons the answer is aye and no. §10. When the presiding officer cannot decide by the voices, which party has the majority, or when his decision is questioned, a division takes place. In the house of lords the contents or the non-contents, as the case may be, pass to the out- side of the bar, leaving the other party in the house. § 11. A similar practice prevailed in the house of commons up to 1836. Since that time a new plan has been adopted which gives better satisfac- tion, because the party remaining in the house had an advantage in securing the votes of the " inattentive, the indifferent, and the indolent." § 12. There are two small halls at each end of the house ; on a division the main room is entirely cleared, one party being sent to each hall. Two clerks are stationed at each of the entrances to the main hall, holding lists of the members in alpha- betical order, printed on large sheets of paste-board, to avoid the delay of turning over pages. £72 A SYNOPSIS OF ENGLTSn LEGISLATION. § 13. While the members are passing into the house again, the clerks place a mark against the names of each, and the tellers count the number. These sheets are sent to the printer, who sets up the marked names in their order ; and the division lists are then printed the following morning, to- gether with the votes and proceedings of the house. § 14. When matters of great interest are to be debated in the house of peers, the lords are sum- moned. In the house of commons an order is made that the roll be called, and the absent mem- bers are ordered to attend on a certain day. § 15. A peer has the right to make another lord of parliament his proxy, to vote for him in his ab- sence, in all cases except in committee, or in the trial of another peer. He is also entitled, when a question is decided contrary to his sentiments, to record his opinion, and the reasons of it, by a pro- test in the journals, together with the names of all the peers who concur therein. § 16. All proposed laws must be introduced to the notice of parliament in the shape of bills which may originate in either house, unless they are for granting supplies, or unless they directly or indi- rectly involve the levying or appropriation of some tax, in which cases they must originate in the house of commons.* * See corresponding rule of the government of the United States, Sec. 7, page 14. NATURALIZATION. 273 NATURALIZATION. § 1. The laws of Congress on the subject of natu- ralization have been frequently changed. The act of 1790 required only two years' previous residence. In 1795, the period was enlarged to five; and in 1798, to fourteen; but in 1802, it was reduced back to five years, and this act is still unaltered. § 2. Foreigners, who move to this country, with the intention of making it their permanent resi- dence, have many inducements to become citizens, since they are unable as aliens, to possess a per- manent freehold interest in land, and are precluded from voting at the elections, or holding any civil office, or taking any active part in the administra- tion of the government. § 3. Any white foreigner may obtain the privi- leges of a natural born citizen, by declaring, on oath, before any State court of record, having common law jurisdiction* and a. clerk ; or before any cir- cuit, or district court of the United States, or be- fore a clerk of either, two years, at least, before his admission, his intention to become a citizen, and to renounce his native allegiance. § 4. At the time of his admission, his country must be at peace with the United States, and he must, before one of the aforenamed courts, take an * The following is the form of the declaration : I, A B , do declare on oath, that it is bond, fide, [i. e. in good faith, or in reality] my intention to become a citizen of the United States, and to renounce forever, all allegiance and fidelity to all and every foreign prince, po- tentate, state, and sovereignty whatever, and particularly to the king of , of whom I was a subject. S Foreigners naturalized. See Acts of Cong. Hth April, 1802, ch. 28. The 3d of March,lSl3, ch. 184. And 22d of March,1816, ch. 32. Sec Acts of Con. 'JO May, 1824,ch.l86, iiud 24 May, 182S,ch.ll6. 274 NATURALIZATION. oath* to support the constitution of the United States, and likewise an oathf to renounce and ab- jure his native allegiance. He must, at the time of his admission, satisfy the court, that he has re- sided five years at least, within the United States, and one year at least in the State where the court is held, and he must satisfy the judges that during that time, he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness thereof. J * The following is the form : I, A B , do solemnly swear that I will support the constitution of the United States of America. + I, A B , do absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, State, or sovereignty whatever, and particularly to King of , of whom I was subject. A B . Sworn in open court, the day of , 1852, before me. L W , Judge. J The children of Persons duly naturalized, being minors at that time, shall, if dwelling in the United States, be deemed citizens. The following is the form of a certificate of citizenship : United States of America, "> State of , County of . j Be it remembered, that on the day of , in the year of our Lord one thousand eight hundred and fifty , A B ap- peared in the court, [which is a court of record having common law ju- risdiction and a clerk and seal] and applied to the court aforesaid, to be admitted to citizenship of the United States of America, pursuant to the several acts of Congress for that purpose made and provided ; and the said applicant having thereupon produced to the court such evidence, made such declaration and renunciation, and taken such oaths as are by the said acts required ; thereupon it was ordered by the said court, that the said applicant be admitted, and he was accordingly ad- mitted by the said court, to be a citizen of the United States of America. In testimony whereof, the seal of the said court is hereunto affixed this . day of , A. D. 185-, and in the year of our Independence. By order of the court, S T , Clerk. [Seal of the court.] SYNOPSIS OF PROCEEDINGS IN ELECTIONS. 275 A SYNOPSIS OF PROCEEDINGS IN ELECTIONS. § 1. As a general rule, all elections by the peo- ple should be held between the hours of nine A. M., and six P. M. There are usually three per- sons appointed to receive the tickets and see that none are illegally cast, or that none but those qualified, vote. These persons are known in dif- ferent States by different titles. They are usually called inspectors or judges of the election. It is their duty to have a position that will enable them best to receive the tickets of the voters, and over or near the window, door, or place, at which the tickets are received, should be printed or written in legible characters, the name of the town, township, or ward. § 2. Every person claiming the right to vote at any election should, if required by the inspectors or judges, prove that he is a natural born citizen of the United States ; or that having been an alien, he has been naturalized conformably to the laws of the United States. The only evidence required is the certificate of naturalization, under the sea] of the court where his admission to citi- zenship took place. The names of all voters should [whenever circumstances will allow it] be regis- tered in alphabetical order by the collector of taxes or some other officer, and be used as refer- ence, when necessary, by the inspectors or judges. § 3. Every voter may deliver cither written or printed tickets, but each ticket should be on a sepa- 276 SYNOPSIS OP PROCEEDINGS IN ELECTIONS. rate piece of paper. Each inspector or judge, on receiving the ticket of a voter, should call out aloud his name, which should be entered by the clerk on a separate list, and the judge may insert the letter V opposite the name, in the regular al- phabetical list. Tickets should be delivered per- sonally by the voter, and ought never to be re- ceived by any other person, and should be imme- diately deposited in the ballot box, and there re- main till the polls are closed. When the polls shall be closed, the box, or boxes, as the case may be should be opened and the inspectors should take out the tickets and read aloud the name or names of the candidates written or printed thereon, and the clerk, or clerks, should carefully enter, as read, each ticket as it is taken from the box, and keep an account of the same on papers prepared for the purpose, so that the number of votes for each candidate tallied thereon, may be readily known. § 4. It is customary when more names are printed on a ticket than the law allows, or when two or more tickets have been improperly folded together to reject them entirely. But no ticket ouo-ht to be rejected which contains less than the required number of names. After the votes shall be counted, they should be returned to the ballot box, which ought to to be bound round tight with tape and sealed by the judges of the election. The box with all the lists, tally papers, &c, should then be delivered to the nearest justice of the SYNOPSIS OP PROCEEDINGS IN ELECTIONS. 277 peace, who should safely keep the same, for the proper tribunal in case of a contested election. § 5. It is then the duty of the judges to trans- mit within three days, the results of the election under seal to the clerk of the county court. § 6. After the votes given for any office shall have been read off and counted, the presiding judge, i. e., the one first named in the order of the appointment, should publicly declare the number of votes given for each candidate, and then the judges should make out a certificate under their hands and seal, and set forth the number of votes given for each of the several candidates.* * A FORM OF ELECTION RETURNS. At an election held on Wednesday, the day of , Anno Domini one thousand eight hundred and fifty , at the Hall, in the town of , in the county of , being the election dis- trict in the county aforesaid, on closing the polls it appeared that the votes were cast for the following persons : FOR GOVERNOR. James , had five hundred and eighty-six votes, . . . 586 Joseph , had two hundred and ninety-one votes, . . 291 FOR REPRESENTATIVES IN CONGRESS. Wm. C , had five hundred and sixty votes, .... 660 John , had three hundred and seventeen votes, . . . 317 FOR STATE SENATOR. Aaron , had five hundred and ninety-seven votes, . . . 697 Amos B , had two hundred and eighty-four votes, . . 284 FOR HOUSE OF REPRESENTATIVES. Stephen , had five hundred and eighty-five votes, . . . 585 Joshua L , had two hundred and eighty-nine votes, . . 289 Scattering, three votes, ........ 3 And so on for town clerk, select men, or whatever may be the title of the officer. In testimony whereof, we, the judges of the election for the said dis- trict, have hereunto set our hands and seals this day of , A. D. 185—. THOMAS W. W . [seal.] HIRAM . [seal.] BENJ. B . [seal.] SYNOPSIS OP PROCEEDINGS IN ELECTIONS f § 7. It is usually the duty of the presiding judge of each election district, to take charge of the cer- tificates aforenamed, and to produce the same at a general meeting of all the presiding judges of each election district of the county, at the court house the third day after the election [or in case the third occur on Sunday, the fourth day.] These judges, when assembled, should elect some one of their number as chairman, and also two suitable persons as clerks, who with the judges, are usually sworn to perform the duties of their office with honesty and fidelity. § 8. After the meeting is thus organized, the representative judges from each election district, should deliver the certificates of election of their respective districts to the president of the meeting, who should cause the clerks to add the number of votes which shall appear, by said certificates, to have been given for any candidate or candidates, in respect to each office. It is then the duty of the clerks to make out duplicate returns, which should be signed by all the judges present. The returns for governor and State senator, are gene- rally directed to the State Senate ;* — a represen- * The following is the usual form : To the Hon. the Senate of the State of The undersigned, judges of the election held in the several districts of the county of , on the inst., A. B., one of the judges of the first district ; C. D., one of the judges of the second district, and so on [one judge from each district according to the number of districts in the county] being assembled at the court house of the county afore- said, and having carefully examined the returns of the several dis- tricts, and enumerated and added the votes therein contained, do cer- SYNOPSIS OF PROCEEDINGS IN ELECTIONS. 279 tative in Congress, to the Governor ;* and a State representative, to the House of Representatives. It may be remarked that each State has its par- ticular laws in reference to the qualifications of voters, and its peculiar manner of conducting elec- tions, but the above forms, so far as they go, are adopted by most of the States in the Union. tify that at the said election, the votes for governor appeared as fol- lows, viz : For Wm. H , five thousand votes, ..... 6,000 For C , four thousand six hundred votes, . . 4,600 In testimony whereof, we have hereunto set our hands and seal, &c. * Whose duty it is to give the representative his credentials to the House of Representatives of the United States. Table I. exhibiting the Seats of Government, the Times of the Election of State Officers, and the Meeting of the Legislatures of Each State. States. Maine, N. H., Vt., Mass., R.I.. Conn., N. Y., N. J., Pa., Del., Md., Va., N. C, S. C, Ga., Fla., Ala., Miss., La., Texas, Ark., Mo., Iowa, Tenn., Ky., Ohio, Ind., 111., Wis., Mich., Cal., Seats of Government. Augusta, Concord, Montpelier, Boston, Prv. & Newp't Hart. & N. H. Albany, Trenton, Harrisburg, Dover, Annapolis, Richmond, Raleigh, Columbia, Milledgeville, Tallahassee, Montgomery, Jackson, Baton Rouge, Austin, Little Rock, Jefferson City, Iowa City, Nashville, Frankfort, Columbus, Indianapolis, Springfield, Madison, Lansing, San Jose", Times of Holding Elections. 2d Monday in September, 2d Tuesday in March, 1st Tuesday in Sept., 2d Monday in November, 1st "Wednesday in April, 1st Monday in April, Tu. after 1st Mon. in Nov. Tu. after 1st Mon. in Nov. 2d Tuesday in October, 2d Tuesday in Nov., 1st Wednesday in Nov., 4th Thursday in April, 1st Thursday in August, 2d Monday in October, 1st Monday in October, 1st Monday in October, 1st Monday in August, 1st Mon. and Tu. in Nov., 1st Monday in November, 1st Monday in August, 1st Monday in August, 1st Monday in August, 1st Monday in August, 1st Thursday in August, 1st Monday in August, 2d Tuesday in October, 1st Monday in August, Tu. after 1st Mon. in Nov. Tu. after 1st Mon. in Nov. 1st Tuesday in November, Tu. after 1st Mon. in Nov. Times of the Meeting of the Legislatures. 2d Wednesday in Jan. 1st Wednesday in June. 2d Thursday in Oct. 1st Wednesday in Jan. IstTu.inMay.lastM.Oc 1st Wednesday in May. 1st Tuesday inJanuary. 2d Tuesday in January. IstTuesday in January. 1st Tues.in Ja.n.,bic7in.* 1st Wed. in Jan., bienn. 1st Mon. in Dec, bienn. 3d Mon. in Nov., bienn. 4th Monday in Nov. 1st Mon. in Nov., bienn. 1st Mon. in Nov., bienn. 2d Mon. in Nov., bienn. 1st Mon. in Jan., bienn. 3d Mon. in Jan., bienn. December, bienn. 1st Mon. in Nov., bienn. Last Mon.in Dec.,bienn. 1st Mon. in Dec, bienn. 1st Mon. in Oct., bienn. 1st Monday in Dec. 1st Mon, in Jan., bienn. Th. af. IstMon. in Jan. ,bi. 2d Mon. in Jan., bienn. 1st Monday in January. 1st Monday in January. 1st Monday in January. * Biennially, that is, every other year, or once in two years. 0280) TABLE II. Populat'n of cities over 8000 in the D. S., with their decennial increase per ct. from 1830 to 1850. Bangor (Me.) Portland Augusta Bath Manchester (N. H.)... Boston (Mass.) Lowell Salem Roxbury Charlestown Worcester New Bedford Cambridge Lynn Springfield Taunton Providence (R. I.) New Haven (Conn.) .. Norwich Hartford New York city (N.Y.) Brooklyn Albany Buffalo Rochester Williamsburg Troy Syracuse Utica Poughkeepsie Lockport Oswego Newburgh Kingston Newark (N. J.) Paterson New Brunswick Phila. city and co. (Pa.) Pittsburg Alleghany Reading Lancaster Wilmington (Del.)... Baltimore (Md.) Washington (D. C.).. Richmond (Va.) ..... Norfolk Petersburg Wheeling Charleston (S.C.) Savannah (G-a.) Mobile (Ala.) New Orleans (La.).... Lafayette Memphis (Tenn.) Nashville Louisville (Ky.) Cincinnati (Ohio) Columbus Cleveland Dayton Madison (Ind.) Chicago (111.) Detroit (Mich.l St. Louis (Mo.) Milwaukee (Wis.) Pop. of 1830. 2,867 12,598 3,980 3,773 877 61,392 6,474 13,895 5,247 8,783 4,173 7,592 6,072 6,138 6,784 6,042 16,833 10,678 5,161 7,074 197,112 15,394 24,209 8,668 9,207 1,117 11,556 2,565 8,323 7,222 3,823 2,703 6,424 4,170 10,953 7.831 188.797 12,568 2,801 5,856 7,704 6,628 80,620 18,826 6,055 9,814 8,322 5,276 30,289 7.302 3,194 49,826 5,566 10,341 24,831 2,435 1,076 2,950 2,500 None 2,222 4.977 P >p. of 1840. 8,627 15,218 5,314 5,141 3,235 93,383 20,796 15,082 9,089 11,484 7,497 12.0S7 8,409 9,367 10,9S5 7,045 23,171 12,960 7,239 9,468 312,710 36,233 33,721 18,213 20,191 5,094 19,334 6,500 12,782 10,006 9,125 4.065 8,933 5,824 17,290 7,596 8,663 258,037 21,115 10,089 8,410 8,417 8,367 102.313 23,364 20,153 10,920 11,136 7,885 29,261 11.214 12,672 102.193 3,207 2,026 0.929 21,210 46,338 6.048 6,071 6,067 3,798 4,470 9,102 16,469 1,712 Ratio of 200.9 20.79 33.51 36.25 268.87 52.1 221.22 8.54 73.22 30.75 79.65 59.2 38.48 52.6 61.92 26.53 37.65 21.37 40.26 33.84 5S.04 35.37 39.29 110.11 119.3 356.04 67.3 153.4 53.57 38.54 138.68 72.58 39.05 39.66 57.85 10.62 36.67 68. 260.19 43.61 9.25 26. 26.9 24.1 232.83 11.26 33.81 49.45 dec. 3.39 53.57 296.74 105.09 24.48 105.1 86.61 14S.37 464.21 105.66 51. S0!M13 230.9 Top. of 1840. 8,627 15,21S 5,314 5,141 3,235 93,383 20,796 15,082 9,0S9 11,484 7.497 12,087 8,409 9,367 10.9S5 7,645 23,171 12,960 7,239 9,468 312,710 36.233 33i721 18,213 20,191 5,094 19,334 6,500 12,782 10,006 9,125 4,665 8,933 5,824 17.290 7,596 8,663 258,037 21,115 10,089 8,410 8,417 8,367 102,313 23,364 20,153 10.920 11,136 7,885 29,261 11,214 12.672 102,193 3,207 2,026 6,929 21,210 46,338 6,048 6,071 6,067 3,798 4,470 9,102 10.469 1.712 Pop. of lfcoO. 14,432 20,815 8.225 8,020 13,932 136,871 33,383 20,264 1S.364 17,216 17,049 16,443 15,215 14,257 11,766 10,441 41,512 20.345 10,265 13,555 515,507 96,838 50,763 42,261 36,403 30,780 28,785 22.271 17,565 13.144 12,323 12,205 11,415 10,233 38,894 11,338 13,387 408,762 46,601 21.261 15,748 12,365 13,979 169,054 40,001 27,482 14,326 14,010 11,391 42.985 IO.IH',11 20,513 119.461 14,190 8,839 10,478 43,196 115,436 17>s3 17.034 10,977 8,005 29.963 21.019 77,860 20,061 Ratio of increase. 24 6" .28 30.77 54.77 56. 330.67 46.56 60.52 34.35 102.04 49.91 127.41 36.03 80.93 52.2 7.1 36.57 79.15 56.98 41.8 43.16 64.8') 167.23 50.53 132.03 80.29 504.24 48.88 242.6 37.41 39.35 35.04 161.62 27.78 75.7 124.95 49.26 54.53 58.41 120.7 110.73 87.25 46.9 67.7 65.23 71.2 36.36 31.19 25.8 44.46 46.9 43.21 61.87 16.89 342.46 336.27 51.21 103.65 149.11 195.68 180.57 80.92 110.76 570.31 130.92 372.76 1071.78 281 282 STATISTICAL TABLES. TABLE III. Exhibiting the number of Dw 'llings, Families, White Males, Slaves, Deaths, Farms, Manufacturing Establishments, Federal He- i White Onlored Colored STATES. Dwellings. 95,797 Families. While males. Females. MaUs. Females. Maine, 103,787 296,635 285,128 705 620 N. H. 57,389 62,287 155,902 161,487 243 232 Vt. 56,327 58,475 159,374 153,528 366 343 Mass. 152,835 192,679 484,284 501,420 4,314 4,481 R I. 22,379 28,216 70,417 73,583 1,660 1,884 Conn. 64,013 73,448 180,001 183,304 3,749 3,737 N. Y. 473,956 566,861: 1,545,052 1,504,405 22,998 24,939 N. J. 81,064 89,080 233,746 232,494 11,542 11,551 Pa. 386,292 408,421 1,142,863 1,115,600 25,057 28,266 Del. 15,209 15,439 35,771 35,518 8,989 8,968 Md. 81,708 87,384 211,495 207,095 34,914 39,163 D. of C. 7,917 8,292 18,54S 19,479 4,210 5,763 Va. 165,797 167,512 451,510 443,726 25,843 27,986 N. C. 105,542 106,023 272,789 280,506 13,226 13,970 s. c. 52,642 52,937 137,773 136,850 4,110 4,790 Ga. 91,011 91,471 266,096 255,342 1,368 1,512 Florida, 9,022 9,107 25,674 21,493 420 505 Ala. 73,070 73,786 219,728 206,779 1,047 1,225 Miss.* 77,699 78,103 145,775 145,761 491 407 La. 49,101 54,112 141,059 114,357 7,598 9,939 Texas, 27,998 28,377 84,863 69,237 171 160 Ark. 28,252 28,416 85,699 76,369 318 271 Tenn. 129,420 130,005 382,270 37,427 3,072 3,191 Ky. 130,769 132,920 392,840 368,848 4,771 4,965 Ohio, 336,098 348,523 1,004,111 951,997 12,239 12,061 Indiana, 170,185 171,564 506,400 471,205 5,472 5,316 Illinois, 146,544 149,153 445,644 400,460 2,756 2,610 Mo. 96,849 100,890 312,986 279,091 1,338 1,206 Iowa, 32,962 33,517 100,885 90,994 168 167 Wis. 56,117 57,319 163,806 139,794 365 261 Mich. 71,616 72,611 208,471 186,626 1,412 1,145 Cal* 25,000 47,987 158,000 41,000 800 200 Min. T. 1,102 1,016 3,695 2,343 21 18 N. Mex. 13,453 13,502 31,706 29,782 14 3 U. T.* 2,000 3,000 16,000 8,500 300 200 Or. 2,374 2,374 8,142 4,945 119 87 * Estimated. The returns at the Ceiisus Office being incomplete. — The above tables script at the Census Bureau, and are probably p\ iblished six or eight months in ad- STATISTICAL TABLES. 283 White Females, Colored Males, Colored Females, Total Free Popidation, Oresentative Population, Total Popidation. Total Free Population. 583,088 Slaves. Deaths. Farms. Manvf. Federal JRep. Estab. Population. Total Pap. J00,000 7,545 46,760 1,682 583,088 583,088 317,864 > 00,000 4,268 29,229 3,301 317,864 317,864 313,611 000,000 3,130 29,687 1,835 313,611 313,611 994,499 000,000 19,414 34,235 9,637 994,499 994,499 147,544 000,000 2,241 5,385 1,144 147,544 147,544 370,791 000,000 5,781 22,445 3,913 370,791 370,791 3,097,394 000,000 44,339 170,621 23,823 3,097,394 3,097,394 489,333 222 6,467 23,905 4,374 489,466 489,555 2,311,786 000,000 28,318 127,577 22,036 2,311,786 2,311,786 89,246 2,289 1,209 6,063 513 90,619 89,246 492,667 90,368 9,594 21,860 3,863 546,887 583,035 48,000 3,687 846 264 427 No Delegate. 51,687 949,065 472,461 19,053 77,013 4,433 1,234,541 1,421,526 580,491 288,412 10,207 56,916 2,523 753,538 868,903 293,523 384,984 7,997 29,969 1,473 514,513 668,507 524,318 381,681 9,920 51,759 1,407 753,326 905,999 48,092 39,309 933 4,304 121 76,947 87,401 428,779 342,892 9,804 41,964 1,022 634,514 771,671 282,434 300,419 10,016 27,897 1,389 472,685 592,853 272,953 239,021 11,948 13,424 1,021 416,365 511,974 154,431 58,161 3,046 12,198 307 189,327 212,592 162,657 46,982 2,987 17,758 271 190,846 209,639 763,164 239,461 11,759 72,710 2,789 906,840 992,625 771,424 210,981 15,206 74,777 3,471 898,012 982,405 1,980,408 000,000 28,949 143,887 10,550 1,980,408 1,980,408 988,416 000,000 12,728 93,865 4,326 988,416 988,416 851,470 000,000 11,619 76,208 3,099 851,470 851,470 594,621 87,422 12,211 54,458 3,030 647,074 672,043 192,214 000,000 2,044 14,085 482 192,214 192,214 304,226 000,000 2,884 20,177 1,273 304,226 304,226 397,654 000,000 4,520 34,089 1,979 397,654 397,654 200,000 000,000 15,000 3,000 50 200,000 200,000 6,077 000,000 30 157 5 6,077 6,077 61,505 000,000 1,157 3,750 20 61,505 61,505 25,000 500 1,000 4,000 30 25,300 25,500 13,293 000,000 47 1,164 51 13,293 13,293 have cost much labor and expense. They have been copied from the iriginal manu- vance of the Government. 284 STATISTICAL TABLES. TABLE IV . Exhibiting the Agricultural Productions, Value of to the Census of 1850. [Ratio of representation, one for every STATES. Acres of land im- prov.d. Value of farming: implements, ate. Value of live stock. Bushels of wheat. 2,019,593 $2,363,517 §9,831,488 367,980 N. H ... 2,251,388 2,314,125 8,871,901 185,658 Vermont.. 2,322,923 2,774,959 11,292,748 493,666 2,127,924 3,173,809 9,619,964 29,784 K. I 337,672 473,385 1,466,636 39 1,734,277 2,043,026 7,353,996 40,167 N.York... 12,285,077 22,217,563 74,672,356 13,073,357 N. Jersey 1,770,337 4,267,124 10,678,264 1,508,216 Peun'a 8,619,631 14,931,993 42,146,711 15,482,191 Delaware 524,364 471,385 1,718,386 466,784 Maryland 2,797,905 2,463,443 7,997,634 4,494,680 D.of a... 17,083 40,220 71,573 17,370 Virginia... 10,150,106 7,021,658 33,607,952 14,516,950 N. Ca 5,443,137 4,056,006 17,837,108 2,147,899 S. Cu 4,074,855 4,143,709 15,060,015 1,066,278 Georgia... 6,323,426 5,901,050 25,727,408 1,085,784 Florida ... 349,423 675,885 2,945,668 1,225 Alabama.. 4,387,088 5,066,814 31,558,686 292,429 3,489,640 5,759,738 19,303,593 215,181 Louisiana 1,567,998 11,326,310 10,983,508 84 Texas 635,913 2,095,308 10,263,086 42,448 Arkansas . 780,333 1,594,941 6,728,254 193,902 Tennessee 5,087,057 5,351,178 29, 134,193 1,638,470 Kentucky 6,068,633 5,388,092 29,898,386 2,184,763 Ohio 9,730,650 12,716,153 43,276,187 14,967,056 Michigan . 1,923,582 2,764,171 8,005,429 4,918,706 Indiana... 5,019,822 6,748,722 22,398,965 6,625,474 Illinois 5,114,041 6,349,826 24,817,954 9,433,965 Missouri... 2,911,422 3,977,449 19,764,672 2,943,840 814,173 1,202,978 3,602,769 1,442,074 Wisconsin 1,011,308 1,701,047 4,594,717 4,292,208 California. 34,312 88,593 3,456,725 98,282 Minnesota 5,035 15,981 103,859 3,422 Oregon 135,357 183,403 1,875,989 228 882 Utah 15,219 78,495 533,951 103*441 N. Mex... 161,296 78,217 1,504,497 196,575 Total... 112,042,000 151,820,273 552,705,238 104,799,230 STATISTICAL TABLES. 285 Stock, and the Representatives in Congress, of each > State, according 93,716 inhabitants.] Bushels of Indian corn. Wool, pounds of. Flaxseed, bushels of. Maple sugar, pounds of. Hay, tons of. 35 1,741,715 1,366,866 362 87,541 794,780 ~6 1,573,670 1,108,476 94 1,292,429 598,854 3 1,625,776 3,492,087 307 5,159,641 763,579 3 2,326,167 576,736 72 768,596 645,749 11 516,133 111,937 None. None. 73,353 2 1,996,462 512,529 9,775 37,781 499,706 4 17,844,808 10,021,507 53,824 10,310,764 3,714,734 33 8,605,396 375,932 12,353 5,886 429,119 5 19,707,702 4,784,367 43,627 2,218,644 1,826,265 25 2,888,896 52,887 838 None. 30,159 1 11,104,631 477,438 2,816 47,740 145,070 6 65,280 None. None. None. 1,974 35,538,582 2,850,909 53,333 1,223,905 370,177 13 28,286,999 915,289 38,183 27,448 145,180 8 16,272,308 487,243 11 200 25,427 5 30,428,540 988,802 585 50 23,427 8 1,993,462 23,235 None. None. 2,620 1 28,485,966 637,829 54 473 31,801 7 21,836,154 556,057 21 110 12,517 5 10,915,051 105,393 None. 260 20,672 4 5,796,735 122,118 16 None. 8,327 2 8,857,296 181,427 695 8,825 3,924 2 52,137,863 1,340,833 19,405 159,647 72,942 10 58,922,788 2,246,168 80,458 388,525 115,296 10 59,788,750 10,089,607 185,598 4,521,643 1,360,636 21 5,620,215 2,047,364 1,186 2,423,897 394,717 2 52,887,564 2,502,763 35,803 2,921,638 402,791 11 57,179,283 2,129,139 11,873 246,078 586,011 9 35,709,042 1,635,182 13,439 171,943 116,284 7 8,475,027 363,398 2,182 70,680 84,598, 2 1,983,378 243,065 834 661,969 295,9271 3 90,082 4,800 None. None. 2,038 2 16,665 260 u 2,950 2,069 2,928 29,596 a None. 373 9,144 8,897 5 u 4,2881 355,795 32,641 None. a None. 591,586,053 52,422,797 567,749 32,759,263 13,605,384 233 , [286 STATISTICAL TABLES. TABLE T Exhibiting the Agricultural Productions, Number of Deaths, &c, according to the Census of 1850. STATES. Butter, pounds of. Cheese, pouDda of. Gallons of wine No. of deaths. Ratio to the Irring. 8,488,234 2,201,105 306 7,545 77.29 N. H 6,977,056 3,196,563 35 4,268 74.49 Vermont.. 12,128,095 6,755,006 140 3,132 100.13 Mass 7,825,337 7,124,461 4,122 19,414 51.23 R. I 1,066,625 296,748 842 2,241 65.83 Conn 6,620,579 4,512,019 3,346 5,781 64.13 N. York... 82,043,823 40,785,905 6,483 44,339 69.85 N. Jersey 9,070,710 500,819 517 6,467 75.70 Penn'a.... 40,554,741 2,395,279 23,839 28,318 81.63 Delaware 1,034,867 3,187 85 1,209 75.71 Maryland 4,206,160 3,925 2,099 9,594 60.77 D.of C... 14,869 None. 863 846 61.09 Virginia... 11,126,795 434,850 4,280 19,053 74.61 N. Ca 4,144,258 95,043 10,801 10,207 85.12 S. Ca 2,979,975 4,810 3,680 7,997 83.59 Georgia . . . 4,640,074 46,391 664 9,920 91.33 Florida ... 375,853 18,324 10 933 93.67 Alabama.. 3,961,592 30,423 14 9,084 84.94 4,388,112 20,314 301 8,711 69.63 Louisiana 685,136 1,148 None. 11,948 42.85 Texas 2,319,574 92,018 94 3,046 69.79 Arkansas . 1,854,104 28,440 10 2,987 70.18 Tennessee 8,130,686 179,577 204 11,759 85.34 Kentucky 10,115,267 228,744 4,202 15,206 64.60 Ohio 34,180,458 21,350,478 44,834 28,949 68.41 Michigan . 7,043,794 1,012,551 1,443 4,520 88.19 Indiana... 12,748,186 666,986 13,004 12,728 77.65 12,605,554 1,283,758 2,343 11,619 73.28 Missouri... 7,762,124 201,597 10,193 12,211 55.81 1,933,128 198,444 420 2,044 94.03 Wisconsin 888,816 440,961 68 2,884 105.82 California. 705 150 None. Unkn. Unkn. Minnesota 1,100 None. « 30 202.56 Oregon 211,734 36,030 a 47 282.82 Utah 74,064 32,646 it 239 47.61 N. Mex... 101 5,887 2,053 1,157 53.15 Total... 312,202,286 103,184,585 141,295 '1 STATISTICAL TABLES. 287 TABLE VI. Official Synopsis of the Census of Great Britain. [Taken March 31st, 1851.] England and Wales Scotland Isles in British seas Total , Ireland (1851) " (1841) Decrease in 10 y'rs 3,280,961 366,650 21,826 3,669,437 1,047,739 1,328,839 281,900 Uninhabited. 152,898 11,956 1,077 165,931 65,159 52,208 12,951t 26.554 2,378 202 2,113 3,313 1,200 POPULATION. 8,762,588 1,363,622 6,651 10,192,721 3,176,727 4,019,576 842,849 9,160,180 1,507.162 76,405 10,743,747 3,339,067 4,155,548 816,481 17,922,768 2,870,784 142,916 20,936,468* 6,515,794 8,176,727 1,660,933 POPULATION AT VARIOUS PERIODS. England, Scotl'd \ and Wales j Inc. for 10 years ... Per ct. for 10 years 1801 10,567,893 1811 12,047,455 1,479,562 14 1821 14,180,351 2,132,896 18 1831 16,364,893 2,184,542 15 1841 18,658,372 2.260,749 14 1851 20,936,468 2,227,438 12 POPULATION OF THE UNITED STATES AT SIMILAR PERIODS. 1790 1840 3,929,827 Inc. per ct. \ in 10 years j" 5,305,940 35 r,239,814 3eu ',638,191 33 12,866,020 33^ 17,068,666 THE PROMINENT POWERS OF EUROPE CONTRASTED. Or. Brit. & Irel'd France Russia , Austria Turkey Spain Population. 27,452,262 36,000,000 70,000,000 37,000,000 12,500,000 13.000,000 army. 129,000 265,000 700,000 500,000 220,000 160,000 $3,333,33::;.:;;:"! 886,666,666 488,666,666 733,333,333 26(1,666,066 866,666,666 Taxes paid to support army, &c. 250,000,000 335,000,000 550,000,000 500.000.000 75,000,000 400,000,000 Yearly income of all the people. 2,750,000,000 1,600,000,000 Unknown Av. tax for each person. * Persons in the army, the navy, and the merchant vessels, and out of the country when the census was taken, 167,604. f Increase of uninhabited houses. % The whole debt of all the powers of Europe is about ten billions of dollars, (which has been incurred to sustain the wars of kings and emperors.) This gives an ave- rage, for each family of five persons, of nearly $200. [See page 312.] § The amounts in this column go to the annual support of the army and government, and not to pay the national debt. The Englishman pavsan annual tax to support the army, &c, to the amount of one- eleventh of all bis income j while the Frenchman, for the same purposes, pays one-fifth. The yearly income from the productive industry of the 36.000,000 of people in France is but little more than half that of the 27,000,000 in Great Britain. In England there are 630,721 voters; in Wales, 37,924; in Scotland, 72,720: and in Ireland, 9S.006. In France there are only 2i0,000 voters. In England, one person out of every 26 is a voter ; in Wales, 1 to 23 ; in Scotland, 1 to 38 ; and in Ireland, 1 to 81. In trance, there is only 1 voter to 137 persons. In the United States, there is 1 voter to 7 persons. 288 AMENDMENTS. § 9. When an amendment to an amendment is adopted by an assembly, it is in order further to move to amend the proposed amendment as it stands in its new form. In this way any pro- posed amendment may be amended so long as an assembly deem it capable of being improved, or, in other words, for an indefinite number of times ; § 10. But no motion to amend is in order during the pending of the question to amend an amend- ment to an amendment, and the adoption of the first amendment either with or without amend- ment, precludes, at once, all further consideration of it, at that stage of the bill. APPENDIX. APPENDIX* Brief directions to youth, and those inexperienced, who wish to establish and conduct properly Literary and Debating Societies. When you intend to write or speak on any subject, endeavor to obtain all possible information pertaining to the same, both by reading and inquiry, and strive to keep in mind the five following rules for THINKING THEREON: 1. Endeavor to reason clearly and concisely on each part of the sub- ject, and all matters pertaining thereto. 2. Think connectedly of each part with reference to the whole subject. 3. View all the parts of the subject in their most extensive and varied applications. 4. Examine the subject in all its relations and bearings with other subjects of a similar nature. 5. Arrange all your thoughts on the subject in a proper method, and a just order, so that others may easily understand and remember your observations. The following Rules of Method, in arranging a composition, will be found useful to the young or inexperienced. 1. " Use great care and caution in laying the foundations of a dis- course, and carefully digest your thoughts upon the subject. 2. Let your primary and fundamental propositions be not only evi- dent and true, but make them familiar to your mind. 3. Draw up all your propositions and arguments with much caution, and express your ideas with exact limitation, so as to preclude objec- tions. 4. Begin with those things which are best known, and most obvious, and proceed by regular and easy steps to things that are more difficult, so that your auditors or readers may attend without fatigue. 5. Do not crowd too many thoughts and reasonings into one sentence or paragraph, so as to exceed the capacity of those you address. 6. Avoid too many subdivisions; yet divide every complicated theme into its distinct parts, as far as the nature of the subject and your de- sign require. 7. Arrange every idea, proposition, and argument in its proper class, and keep each part of the subject in its own place. * This Appendix contains an outline for assisting youth, and those inexperienced, in conducting discussions and preparing lectures. 25 T METHOD, ARGUMENTS, AND RHETORICAL ARRANGEMENT. 8. Never prove those things which need no proof, and do not suffer every occasional and incidental thought to induce you to digress or wander from the subject." Method is Analytical or Synthetical : 1. " The Analytical method resolves the compound into its principles, and the whole into its parts. 2. The Synthetical method begins with the parts and leads to a whole, or it puts together the principles and forms a compound. All Arguments are termed either metaphysical, physical, political, moral, mechanical, or theological, according to the science or subject from which they are drawn. The Argumentum ad judicium is an appeal to the common sense of mankind. The Argumentum ad fidem is an appeal to our faith. The Argumentum ad hominem is an appeal to the practices or pro- fessed principles of our opponent. The Argumentum ad populum is an appeal to the people. The Argumentum ex concesso is when something is proved by means of another proposition previously conceded. The Argumentum ad passiones is an appeal to the passions." RHETORICAL ARRANGEMENT. The arguments of every discourse, or oration, or composition, should be properly classified and arranged. The parts of a discourse are sometimes five, and sometimes six, viz. the Exordium, the Narration, the Proposition, the Confirmation, the Refutation,* and the Peroration. 1. The Exordium. In the Exordium, or beginning of a discourse, the writer or speaker gives some intimation of his subject, and solicits favor and attention. In this part he ought to be clear and modest; and whatever is trifling, tedious, and prolix, should be avoided. 2. The Narration. The Narration is a brief recital of the facts con- nected with the case from the beginning to the end. This part of a discourse ought to be plain and perspicuous, that it may be understood ; and probable and consistent, that it may be believed. 3. The Proposition. Iu this part is given the true state of the ques- tion, specifying the points maintained, and those in which the writer or speaker differs from the adversary. Here also the several heads should be enumerated, 4. The Confirmation. The Confirmation assembles all the proofs and arguments which can be adduced. The strongest are to begin and to end this part, and the weakest are to come in the middle. * This division properly applies to forensic discussions. AN ORATION DIVIDED INTO PARTS. li 5. The Refutation* In the Refutation, the writer or speaker answers the arguments and objections of his opponent, showing them to be ab- surd, false, trifling, irrelevant, or inconsistent, as the case may be. 6. The Peroration, or Conclusion. In the Peroration, he sums up the strongest and principal arguments, and endeavors also to excite the passions in his favor. EXAMPLE OF AN ORATION DIVIDED INTO PARTS. Address of St Paul to Agrippa, Acts xxvi. 2. EXORDIUM. I think myself happy, King Agrippa, because I shall answer for my- self this day before thee, touching all the things whereof I am accused by the Jews: especially because I know thee to be expert in all cus- toms and questions which are among the Jews : wherefore I beseech thee to hear me patiently. NARRATION. My manner of life from my youth, which was at first among mine own nation at Jerusalem, know all the Jews, which knew me from the beginning (if they would testify) that, after the strictest sect of our re- ligion, I lived a Pharisee. And now I stand and am judged, for the hope of the promise made by God unto our fathers : unto which pro- mise our twelve tribes, instantly serving God day and night, hope to come : for which hope's sake, King Arippa, I am accused by the Jews. PROPOSITIOX. Why should it be thought a thing incredible with you that God should raise the dead ? CONFIRMATION. I verily thought with myself, that I ought to do many things contrary to the name of Jesus of Nazareth. Which thing I also did in Jerusa- lem : and many of the saints did I shut up in prison, having received authority from the chief priests ; and when they were put to death, I gave my voice against them. And I punished them oft in every syna- gogue, and compelled them to blaspheme ; and being exceedingly mad against them, I persecuted them even unto strange cities. Whereupon, as I went to Damascus, with authority and commission from the chief priests ; at mid day, king ! I saw in the way a light from heaven, above the brightness of the sun, shining around me, and them which journeyed with me. And when we were all fallen to the earth, I heard a voice speaking unto me, and saying in the Hebrew tongue, "Saul, Saul, why persecuteth thou me ? It is hard for thee to kick against the goads." And I said, "Who art thou Lord ?" And he said, " I am * This division properly applies to forensic discussions. OUTLINE FOR YOUNG DEBATERS. Jesus whom thou persecutest. But rise and stand upon thy feet : for I have appeared unto thee for this purpose, to make thee a minister and a witness both of those things which thou hast seen, and of those things in which I will appear unto thee ; delivering thee from the people and from the Gentiles, unto whom I now send thee, to open their eyes, and to turn them from darkness to light, and from the power of Satan unto God, that they may receive forgiveness of 6ins, and inheritance among them, which are sanctified through that, faith which is in me." Whereupon, King Agrippa, I was not disobedient unto the heavenly vision ; but shewed, first unto them of Damascus, and afterwards to those of Jerusalem, and through all the country of Judea, and then to the Gentiles, that they should repent of their sins and turn to God, performing deeds worthy of tnat repentance which they profess. REFUTATION. For these causes the Jews caught me in the temple, and went about to kill me with their own hands. Having therefore obtained help of God, I continue unto this day, witnessing both to small and great, saying none other things than those which the prophets and Moses have declared should come ; that Christ should suffer, and that he should be the first that should rise from the dead, and should shew light unto the people, and to the Gentiles. PERORATION.* I am not mad, most noble Festus, but speak forth the words of truth and soberness. For the king knoweth of these things, before whom also I speak freely : For I am persuaded that none of these things are hidden from him ; for this thing was not done in a corner. King Agrippa, believest thou the prophets ? I know that thou believest. I would to God that not only thee, but also all that hear me this day, were both almost and altogether such as I am, except these bonds. OUTLINE OF A DEBATE. Are fictitious writings beneficial ? AFFIRMATIVE. Fictions are productions of the most brilliant imaginations, the magnificent pictures of fancy, enchanting descriptions of vast fortunes acquired by building castles in the air, wonderful adventures of lovers, hair breadth escapes of knight-errants, and glorious exploits of con- querors. Stories to fascinate the young and amuse the aged. * There should be an intimation of the conclusion of an address, for the attention of the audience generally revives towards its close, and it is at this point that the orator should make his boldest flights, and most powerful efforts to leave an indelible im- I pression on every mind. OUTLINES FOR YOUNG DEBATERS \ 2. By fictitious writings we mean novels ami romances, unreal painting which tickle the fancy, and as proof of their transcendent utility in enchaining the mind of youth and creating habits of reading, it is only necessary to examine the captivating and alluring style in which they are, as a whole, always written. Many, especially young ladies, peruse them merely for curiosity, or amusement, and thus form a taste for reading which in all probability they never would have done were it not for productions of fiction. Novels and romances are illustrated with engravings, and are so cheap as to be within the reach of all, and tend to create a taste for the fine arts. \ 3. But their vast benefits are not confined to the young alone, they enter the home of all who have been unfortunate in business, and em- ploy the time of disconsolate wives and heart-broken husbands. Many families spend happy hours in reading and discussing the merits of the last novels of European writers, for it is to be regretted that we have, as yet, few if any in that department who equal those of England and France. \ 4. As a proof of the great benefits of novels we need only allude to the fact that many thousands derive their support from their sales. Not a railroad car comes in or goes out of any city or village, of any note, in this country, but has in it some poor youth, perhaps the child of a dissipated father, or which, we believe, is more generally the case of a widowed mother, who is loaded with romances, or what amounts to the same thing, newspapers and periodicals which contain mostly extracts from those works of delightful amusement and recreation. \ 5. There is not a steam boat that plies on the waters of this free republic from Maine to California but has on board its venders of novels and romances. We have already said enough to convince every reason- able and intelligent mind of the vast benefits of works of fiction, yet we deem it necessary, before closing, to clinch the nail and settle forever this heretofore mooted question. It has been found by statistics* of England and France that the publication of works of fiction employs more persons, gives support to more venders than all the works on re- ligion, law, and medicine ; than all the religious, scientific and literary magazines, all the religious newspapers and all the other dry literature of those countries combined. § 6. It is to be regretted that in the United States we have no sta- tistics of the kind, but I am sure the observations of all present will bear us out in the assertion that America is not behind the old world in appreciating the great benefits of the works of fiction. In all our railroad cars, and on all our steamboats to which we have alluded, comparatively speaking no other writings are read. The people almost * See Edinburgh Magazine for 18d0. 25' OUTLINES FOR YOUNG DEBATERS. unanimously see and acknowledge the benefits of fictitious writings, fcr they patronize no other books in all our public thoroughfares, and vox populi VOX DEI.* a 7 In works of fiction virtue is decked in all its beauty and loveli- ness, and vice is held up in such horrible deformity that it need only be depicted to be shunned. The reader is taught to enter the bowers of paradise created by the former, and enticed from the miseries of tb« \ 8. Many novels, and particularly Sir Walter Scott's, are founded on facts, and in them are interwoven all the important historical infor- mation that is necessary for any one to know. Again, are not fable* fictitious ? and what is more, are not the parables of our Saviour ficti- tious ? With these overwhelming arguments we rest our cause. \ 1. Before endeavoring to reply to the arguments of our opponents, we give them full credit for doing all that skill and ability can accom- plish, they have labored with an enthusiasm worthy of a better cause, and their reasonings if permitted to go unrefuted, would doubtless be productive of much evil. 3 2. The parables of our Saviour are not fictitious, all his parables are facts introduced to represent truths, that is, He makes use of earthly things to illustrate heavenly realities, and this is done in order to make his instructions understood. Fables are modes of illustrating truth, and are symbolical facts, and therefore are not fictitious. I 3. As far as the novels of Scott are facts or histories, they are not fictitious, and hence, have no bearing on the subject, and all those parts of his novels which are fictitious, have a tendency to mislead and de- ceive the reader, and are positively injurious. How melancholy it is to reflect that the brilliant intellect of Scott was squandered in amus- ing instead of instructing mankind ; that he labored to please men instead of aiding them to do substantial good and glorify their Creator. \ 4. Works of fiction do not, as a general rule, clothe virtue in all its loveliness, and vice in all its deformity. They familiarize the mind with all that is corrupting and depraved, by administering to the sen- sual appetites, enervating and stultifying the intellectual powers. The very reverse of the assertion of our opponents, is generally true. For vice depicted by the tinsel of the novelist, is "first dreaded, then pitied, then embraced." \ 5. In real history alone is the true line of demarkation drawn ; there you see the difference between virtue and vice practically illustrated I in the lives of Arnold and Washington, Nero and Marcus Aurelius, Jo- : The voice of the people is the voice of God. OUTLINES FOR YOUNG DEBATERS. seph and his brethren, Judas and our Savior. Our opponents regret that we have no statistics to prove, as they have done with England and France, that the sales of novels exceed that of all the other books of the country combined. Startling as is this information in re- gard to Europe, we will show the sophistry of their conclusions in ref- erence to America. It is true that all our public thoroughfares and cities are flooded with novels ; because this happens to be the fact, does it follow that they are beneficial ? These same places abound with all manner of intoxicating drinks, but does this prove that they are pro- ductive of good ? Where are the most crimes committed ? Where prowls the libertine? the gambler? the thief? the incendiary? the robber ? the murderer ? the enemies of rational liberty and of human progress ? In the very places where novels are the most abundant ; and it is a well established fact that the most heinous criminals read, exclusively, works of fiction, and decry everything of a moral and reli- gious tendency. Truly, " by their fruits shall ye know them." As for the benefits of novels in comforting and sustaining those who have been unfortunate in business, the very reverse is true. Novels engaged the attention of the young wife ; she neglected her domestic duties, read late at night, became fretful and peevish because her husband had not millions at his command, because he was not a senator, governor, presi- dent, duke, king, or emperor ; she unconsciously neglected her children, made her home intolerable, and drove her husband to the intoxicating bowl, or chased him, by her petulance, to a premature grave, and the poor tatterdemalion orphans so pathetically described by our opponents, were made such, through the pernicious influence of novels. We admit that many may derive their entire livelihood by selling works of fiction ; but is that beneficial which supports or enriches one or a dozen, and ruins thousands ? Is it beneficial for a person to sell apparel which scatters contagious diseases, sickness, and death, and fills the land with gloom and misery ? Is that benficial which makes us see things through a false medium ? Is that right which has the mass of the people on its side ? Then is heathenism and idolatry more beneficial than Chris- tianity. Then was the banishment of the pure and noble Aristides, by the vox populi, just. The arguments of vox populi, so strongly relied on by our opponents, reminds us of the discussion of an Irishman and an itinerant minister about theatres: "And sure," said the former, " theatres must be beneficial for we have in their favor the king of England, the king of France, the king of Spain, and all the kings, and all the nobility besides, and you, poor devils, have nobody on your side except God Almighty." But to return to the subject. The great and the wise of our own country totally disregard the sickening tales of newspapers and periodicals, that editors insert for silly and weak minds . Are the most eminent lawyers, judges, doctors, teachers, and ministers, OUTLINES FOR YOUNG DEBATERS. advocates of fictitious writings ? Was there ever a novel found in the library of a single one who ranks as one of the founders of our govern- ment ? The vox sapientiae* is unanimous in favor of the negative of the question under debate, and as for the vox populi, it may sustain the affirmative side, and crucify the liberties of America, the same as it did the Savior of the world. \ 6. As for style it is bombastic and vulgar; for clearness, simpli- city, strength, or beauty, the advantages are always in favor of the sound literature, and the young will find, by reading books of bi- ography and history, as much to captivate and allure towards the piunacle of usefulness and fame, as there is on the side of works of fic- tion to contaminate and sink into hopeless wretchedness. As for cheapness, the American Bible Society furnish books at a lower rate, which lead to eternal bliss instead of eternal misery. As for a taste of the fine arts, the reverse is true. The dowdy obscene wood-cuts of novels create a taste for all that is madening and tantalizing. The gloomy cloud hiding the setting sun of many who were born with the brightest earthly prospects before them, has carried when too late, the saddest intelligence to many agonizing hearts, that bad books, novels, and romances, are public fountains of vice. 2 7. Works of fiction tend to give unnatural views of life, and render a distaste for all that is holy. Whoever heard of a novelist that was fond of studying and practising the precepts of our Savior. Whoever knew a real novel but tended to render the head silly ; the heart treacherous and corrupt. \ 8. The only reason why works of fiction are tolerated, is, that they are diluted with a few facts, sugared over with a little virtue, but the poison is sure to produce its fatal results. The haunts of dissipation and wretchedness teem with novels. The worst members of society, if they read at all, are certain to read them to the exclusion of all books which tend to make the head wiser and the heart better. \ 9. Works of fiction, as their name imports, are silent companions of guile and falsehood. An eminently wise man once said, " Let me see the favorite books of an individual, and I will tell you his character," and another once remarked, "Let me write the book for a nation, and I care not who makes the laws." \ 10. Works of fiction are pernicious in the extreme, because they create a relish, as their name imports, for falsehood ; they tend to make weak minded and treacherous men silly, and dissolute women. They scatter the seeds of dissipation and depravity, and stifle all holy aspira- tions for the lofty and ennobling principles of the Bible. It should never be forgotten that this book is the basis of civilization, and of hu- * The voice of the wise. OUTLINES FOR YOUNG DEBATERS. man improvement. No real liberty or happiness has ever existed, nor can it ever exist without it. Truly it " transforms the tiger fury and blindness of man into the gentleness of the lamb and the harmlessness of the dove. Wherever its principles are not studied and revered, re- publicanism and human bliss are alike unknown. § 11. Many instances are known of ladies whose youth was as un- sullied as the untrodden snow, the pride of their families, bidding fair to shine among the brightest literary stars, who began by reading the best illustrated novels, and ended with the worst, abandoned their dear- est friends, carried the grey hairs of their parents in sorrow to the grave, terminated their own lives as outcasts in the vilest dens of iniquity. \ 12. AY ere we compelled to lose our life or take a partner addicted to reading works of fiction, we would choose the former, but were this poor boon denied and the alternative of the latter presented, with that of a lady addicted to habitual drunkenness then praying for death, we should take the latter, for her habits brutalize directly the body, and render her an object to be shunned, whereas those of the former de- prave the soul and beguile only to ruin forever. \ 13. Works of fiction are greater scourges than war, pestilence, the inebriating bowl, and famine combined for these have intervals of ces- sation, or are mostly confined to the worst part of the race, but the former are ever present, and are perpetually ensnaring multitudes of youth of both sexes, and particularly the fairer and better part of cre- ation. Novels and romances, these keenest missiles of Satan, are no longer confined to the places of their origin, the despotisms of the old world, where they beguile the attention of subjects and aid kings, the better to forge their fetters, they are stealing the names of cheap liter- ature, and flooding our land. \ 14. Our country youths as they for the first time visit some of the great marts of the Union are beset on boats, cars or dock, and first en- ticed by stool-pigeons of crime to buy the last historical novel ; then follows in quick succession the depraving romances of France, in which are wilily concealed cards pointing out the most horrible dens of ini- quity into which no one has ever or can ever enter with safety. § 15. The reader of works of fiction like the drinker of ardent spirits knows not where he will stop, or the evils that will result therefrom. No one can with truth say they will not injure me, for millions have said the same and been irretrievably ruined. \ 16. If man dies not as the brutes of the field and the trees of the forest, if the mind lives forever, if human existence be given to fit and strengthen the mental faculties for the life to come, then is every work which tends to divert attention from the goal to which we are all rapidly 10 OUTLINES FOit iGUNG DEBATERS. hastening, and unfitting us for the end of our creation, pernicious in the extreme. \ 17. Novels and romances insidiously allure us from the duties to our- selves, our friends and our Creator, and engender a distaste for reading the holy scriptures, taking away the purest happiness on earth, and the strongest hopes of bliss in heaven. The leaves of the novel, like those of the flower that conceals the deadly asp of the Nile, if handled at all, are liable to impart an unseen sting of unutterable anguish and woe. Is it Wrong for a Government to Deprive a wilful Murderer of Life ?* AFFIRMATIVE. \ 1. In supporting the affirmative of this question, we shall not at- tempt to justify the murderer ; we wish him to receive even hand justice, but we desire that he may be punished otherwise than by death, and in a way that the community will be benefitted by his living. For death, we propose to substitute imprisonment for life. This plan will be greater punishment, and will also produce a revenue to the State, and often save the lives of innocent persons. \ 2. Many have been executed for supposed crimes, who afterwards were proved innocent. By imprisoning alleged criminals, they may, when proved guiltless, be set at liberty. The murderer, imprisoned, is a living beacon to guard the young against the dangers and penalties of crime, and affords the strongest protection to the community. Again, taking the life of the murderer, is contrary to Scripture. After Abel was killed by Cain, the Lord pronounced a seven-fold vengeance on any- one who should put him to death. The Bible reads, "Thou shalt not kill." Putting the murderer to death is killing him, and therefore a direct violation of the law of God. The Savior prayed for his mur- derers. \ 3. If persons are condemned to death for crimes by the laws, it lessens the value of human life in the eyes of the community. " Draco's bloody code doomed to death every person who committed the least fault ; but this instead of lessening crime increased it. The Romans punished with death many small offences — and behold the result, the community valued human life so little, and the frequent executions had so hardened the hearts of the people, that the deadly combat of the gladiators was a source of great amusement even to the ladies, who looked on with joy to see man butcher his fellow-man, and hear his death-struggle with delight. In England, a few years since, the steal- ing of a watch was a capital offence ; yet, while one man was being * See Civil Magistrate, Burleigh's American Manual, pps. 268 to 285, inclusive OUTLINES FOR YOUNG DEBATERS. 11 executed for that crime, it was reported that five hundred watches were stolen from the crowd who came to witness his execution, and crimes increased with a fearful ratio, so that the government was convinced of the necessity of abolishing capital punishment for minor offences. In our country, when executions were public, every species of crime was committed under the gallows, and frequently other murders were perpetrated in the vicinity of the execution, at the very time or soon after. Again, capital punishment is a species of revenge, a relic of bar- barism ; the principle is the same as if one man who being knocked down, must in turn knock down his antagonist." § 4. The object of law should be the reformation of the criminal, as well as the prevention of crime. This is the end of the Divine law and government. The Creator does not cut off immediately even the greatest rebel against his just laws, but uses means to reform him, ever holding out the sceptre of peace and salvation, and entreats him to turn and live. Here then is a perfect example for the magistrates of earth in the making and executing of laws. For these and the other reasons adduced and proved by facts and the Bible, capital punishment is wrong, a monstrous, cruel and barbarian custom, a disgrace even to savages. As light is dawning on the moral darkness of our globe, we trust that this and every other custom that is wrong, will soon be banished from the civilized world. 3 1. On this subject so much depends on the peculiar feelings of in- dividuals, and the judgments which they form, that unanimity cannot be expected unless we set out from acknowledged principles, and steadily pursue them to their legitimate consequences. 3 2. The great object of punisnment is the prevention of crime. The wilful murderer commits the greatest outrage ; hence a government has a right in his case to inflict that punishment which will best prevent its recurrence. § 3. The death penalty is universally viewed with more horror than any other. Hence it is the most efficacious by way of prevention. No murders would ever be committed if the life of the offender were certain to be forfeited. There never was and never can be a sentence to prison for life without a hope on the part of the culprit for escape. 2 4. The death penalty of our country offers a reasonable time to the convict for repentance. A person who has committed one wilful mur- der, will be certain to commit another, if permitted to live in society, and many, if not a majority of them imprisoned for life are pardoned ; they contaminate and ruin thousands ; their very breath is a moral pes- tilence ; who can doubt but that their death would tend to prevent crime, and be productive of more good than evil. 12 OUTLINES FOR YOUNG DEBATERS. § 5. The affirmative do not attempt to justify the murderer, but their arguments from beginning to end tend indirectly to encourage base assassins, robbers, murderers and pirates. Imprisonment for life a greater punishment than death, was there ever a criminal that preferred the latter to the former, "by their actions shall ye judge." \ 6. The most heinous convicts always have confederates or asso- ciates, who offer vast wealth to the attorney for obtaining a release. Whoever Knew a lawyer who could not procure a pardon with a bag of gold for the most revolting butcheries. § 7. The governor of one of the largest States not many years ago went into office worth about four thousand dollars, and went out worth half a million, he pardoned only 236 criminals. Think of the number of uncalled for pardons that nave been granted in our own state. Im- prisonment for life to prevent murder is no more sensible than it would be to pile up walls of tow to stop the progress of the raging flames. \ 8. The fallacious efforts of the affirmative to prove the correctness of their position by the Bible, are similar to those of the Atheist, to prove there is no God. When he reads the latter part of the verse, "there is no God," and omits the first part, which says, "the fool hath said in his heart," there is no God.* The quotations to sustain the other side of the question when properly explained in fact sustains ours. But we will give a quotation which answers them, " whoso sheddeth man's blood by man shall his blood be shed."f \ 9. The safety of the community is endangered by permitting the murderer to live. Among the numerous facts on this head, we will cite only two. A few years ago, a murderer in Mexico, was sen- tenced to die on the wheel ; both of his legs and one arm were cut off and he was supposed to be dead. His mangled body was given to the physicians, they took it to the dissecting room and there they discov- ered signs of life, and, moved with pity, they used the means to re- suscitate him with success. \ 10. They placed him by the side of the public highway that he might be supported by the charity of travellers. After being there for some time, a wealthy gentleman was passing, of whom the beggar so- licited alms — (his remaining hand being concealed under his coat ;) he held to him a gold coin — the solicitor requested him to put it in his pocket, stating that he had lost both of his hands : while stooping to fulfil his request, the donor started back at the sudden appearance of a hand with a dirk in it; he took the villain into his carriage and carried him to the nearest public house, examined him, and found in his pocket besides the dirk a whistle, which at once suggested the idea that he was associated with a band of robbers. * See Psalms, chap. liii. 1st. verse. f Gen. is. 6. OUTLINES FOR YOUNQ DEBATERS. 13 \ 11 A number of armed men were collected, and going near the place where the beggar had lain, concealed themselves, while one blowed the whistle, when immediately several men emerged from a cave with cut- lasses, pistols, &c. ; they were fired on and killed. The party then pro- ceeded to the cavern, and there found a large quantity of gold and silver, and a variety of articles, and in another part a trap-door, and in the cellar the remains of from twenty-five to thirty bodies, most of whom are supposed to have been killed by the one-hand beggar. § 12. Robert Kid, the notorious pirate, stated that after he had com- mitted the first murder, he was horror struck — his remorse of con- science was almost insufferable, but it wore away by degrees, and at length he killed another, then, he says, " My remorse of conscience was great, but not so much as after killing the first man ; at length I killed a third ; I now had much remorse of conscience, but still less, and so on until I felt, after killing over four hundred, no more remorse of conscience in killing a man than in slaying an ox."* The cruelty of Roman amusements, gladiators, &c, has no more to do with the question under debate, than the bull fights of Spain. The bloody laws of Draco made the stealing of a pin as much a crime as the most de- liberate murder, and are totally inapplicable to the present question. In neither of those instances did the people look to the Bible as the light to the path of duty. Capital punishment has been sanctioned by the great and wise of every nation and of every age. Washington sanc- tioned it, and caused Andre to be executed, who had not even com- mitted murder, but was only looking about to see the condition of the American army. Substitute imprisonment for the death penalty, and society reverts to its savage state. J) 13. The affirmative propose a half way measure ; grant imprison- ment for life, and then its cruelty will be decried, and the moral suasion of fanatics substituted therefor. The death penalty cuts off Satan's hook from his line, imprisonment only puts on a bait ; the lock will be broken, the wall scaled, or a pardon obtained, and then perhaps a score of murders follow without detection, for practice in crime as in every thing else, makes perfect. The murderer may not be pre- pared to die, but he always has more time to repent and prepare for the dread change than he allows his victim. \ 14. The proposition to do away with the death penalty is theoreti- cal, but the history of the world and common sense alike convince all that it never can be carried out in practice. When the farmer detects a wolf destroying his flock does he try to reform the animal in an en- * Here we see the awful danger of beginning to do wrong. Oh I let us refrain from commencing any bad course with more caution than we would aroid a mad dog or pes- tilence ; for it will prove the path of death to the body, and a source of endless misery to the undying soul. H OUTLINES FOR YOUNG DEBATERS. sure. The wilful murderer is a ravenous beast in society ; he de- stroys the flock of his Savior, prison walls afford no permanent security against his escape, and when at large the life of no one is entirely safe. As he grows in years he advances in wickedness, undermines the morals of thousands, inflicts vast misery but gives no happiness. His good and the good of others alike demand that he be not plotting to kill bis keepers, and escape from prison, but that he prepare in a given time to answer at the bar of God in the best possible way for his atro- cious crimes. The laws of no country are so rigidly executed as in Scot- land, and in no place, in proportion to population, are there so few murders. In the State of Delaware the criminal laws are the most se- vere, they have now [1852] no state prison, all criminals are either severely whipped with cat of nine tails or hanged. Yet in no State are there so few crimes committed. Judge Willard Hall remarked not long since that there had been but one horse stolen in Delaware for the past fourteen years. The best way to prevent murder is to have laws ren- dering detection if possible inevitable, and the greatest punishment, which is death, because it is the passage to eternal happiness or end- less misery to heaven or hell. It is an acknowledged principle that whatever produces more good than evil is right. The death of the wilful murderer does this. Hence it is not only right but the duty of every government to take the only effective way to regenerate the world, to elevate the race, to promote the safety, the happiness of all, by quenching the ranting and raging fury of spurious philanthro- j pists, the apologists, and hence the encouragers of the vilest criminals, and by killing instead of nourishing, all deadly reptiles, and extermi- nating instead of encouraging all the depraved monsters of crime.* Is Party Spirit Beneficial? AFFIRMATIVE. \ 1. This is one of the most interesting questions that can claim hu- man attention. All legislation is defective, and a spirit for differing in opinion is a law of our nature. It is not in the power of man to decide what is always expedient. Questions must frequently arise on subjects both of a religious and political character, about which men will hon- estly differ in opinion, and whether it be " the establishment of a church without a bishop, or a government without a king ;" the education of all the children by the church, or by the public schools of a state, you will find that the wisest and the best honestly differ in opinion ; that they will become leaders of parties, and that these parties are benefi- cial in arousing a universal spirit of enquiry. * For the illustrative facts in this outline, the author is indebted to Alfred E. Wright, who has labored indefatigably in collecting a mass of statistics, and elevating by his publications the common schools of our country. OUTLINES FOR YOUNG DEBATERS. 15 \ 2. Suppose there be a party in favor of war, there roust, as a na- tural consequence, be one opposed to it. Suppose all were U raise a revenue of one hundred millions to conquer an enemv, then there will spring up a difference as to the way in which this revenue should be raised, collected, and distributed. Party spirit is necessary for the healthy administration of a government. It checks those in power from becoming oppressive and corrupt. It was through the raging and per- fecting power of party spirit, that the Declaration of Independence was carried in the Congress of 1776. Had it not been for the beneficial influ- ence of opposing parties, our glorious constitution would not have ap- proximated so near to perfection as it does. It would, years ago, have crumbled, and its ruins caused gloom and desolation throughout the country. We see by the blessings of this spirit, that those parts of the earth which were formerly inhabited by savages and barbarians, now bloom and blossom like the rose, under the noblest form of government on which the sun has ever risen. The press is nearly equally divided. The partisans in religion and politics, arouse the dormant energies of the whole land, and excite among all classes an unquenchable thirst for investigation, for research, and mental elevation. All ancient govern- ments that were the seats of science, of civilization, and of liberty, received the beneficial influence of party spirit. "Wherever the sun of liberty now shines the brightest ; wherever our holy religion is most prized and revered, there do you find this spirit in the fullest plentitude of its power. Hence, the demonstration that party spirit is benefi- cial. negative. § 1. There is more of speciousness than of reality in the arguments of the affirmative. It is boldly asserted that " a spirit for differing in opinion, is a law of our natui'e." Hence, according to the tenor of this fallacious reasoning, God has endowed us with faculties which, if we use aright, will lead us to dispute the truth. Our opponents have marshalled before you the founders of our government ; and what do all their declarations prove : simply, that there was a party in favor of a foreign king, and a party in favor of American liberty. The former, the advocates of error ; the latter, of truth. We have been eloquently reminded of the ancient cradles of science and liberty ; and what does it all amount to ; why, simply this : that Republics, rent by the insane fury of parties, have been, " like man born of woman, few of days and full of trouble." We should deem the history of ancient republics, a fable, were it not that their crumbling monuments still attest alike their magnificence and the ruinous results of party spirit ; and wherever it is now racing ; whether the mass of the people are marshalled under the banners of sectarian or political aspirants, there is the progress of lib- OUTLINES FOR YOUNG DEBATERS. erty jeopardized, and the cause of truth and justice set at defiance. No two opposite parties either in religion or politics, were ever or can ever, both be equally right ; and the arguments of the affirmative, in demonstrating this question, prove that good is evil and that error is truth, and that both are right. The fact is, there can be no parties about truth ; no opposition can rightfully be brought against it. Party spirit is the prolific source of falsehood. If truth be known, there can be no difference of opinion among honest men. We should assist each other in seeking it, and found all our actions on its enduring principles. All our investigations should be conducted with fairness and sincerity. In even the best regulated christian communities at the present day, there are parties. The reason is, that christians are only men. Questions arise in which they feel a personal interest, and their feelings lead them astray. But this is pernicious instead of being beneficial. We are all Americans, and we should feel as did the patriarch of old, that there ought to " be no difference between us, forwe are brethren." There can be but one true and safe course, which is of mutual assistance, peace and harmony. In all questions where a difference of opinion arises, let us coolly argue the point and calmly weigh the evidence thereon, and with the decision of the majority be content. Party spirit is at war with these principles ; it is prejudicial to the cause of truth and justice. It cares more about a triumph than about right. If par- ties exist, error and falsehood must at least be the foundation of one of them. The cry becomes what can we do to promote the success of our party, whereas it should be, what can we do to benefit our country. All become maddened by partisan huzzas, and are zealous for town, or country, or state, or northern, or southern lines, and lose sight of the permanent good, the prosperity and glory of the whole country. This pandora box that feeds party spirit, has already threatened the very existence of our republic. The Northerner despises the Southerner and the Southerner detests the Northerner. Malicious feelings are produced ; whole neighborhoods are in a state of fiendish commotion ; friends are separated ; the domestic ties of families are sundered ; fraud, violence, and murder are nourished by party spirit. No matter how sincere persons of opposing parties may be in supposing that their side is right, the question in debate has nothing to do with what people think or pretend to think, but what is beneficial, not to the leader, but to the whole community. All the arguments in favor of parties are visionary and fallacious. Party spirit promotes many wicked and incompetent men to office, merely because they are boisterous partisans. The : watchword becomes, who has served his party with the most zeal, in- stead of who is the most competent, faithful, and meritorious. I I 2. Party spirit is opposed to merit ; the great and wise of every age | and nation have suffered by it. Seneca was condemned to death, Plato OUTLINES FOR YOUNG DEBATERS. 17 was doomed to slavery, Pythagoras was burned alive, and Socrates was fated to drink the poison cup; all like vile criminals, were sacrificed at the shrine of Moloch. But we need not go out of our own country for the baneful influence of party spirit, Washington was slandered as a traitor, a party was raised to displace him from the command of the American Army, and public meetings called to burn him in effigy,* No one since his day has been a candidate for the highest office in the world without being traduced ; as a general rule, the greater the ability and merit, the more clamorous and virulent has been the cry of partisan slanderers. Unless some rational course be taken to mitigate the animosity of par- ties, this boasted republic will follow the fate of all its predecessors, for a " House divided against itself cannot stand," but we have already said enough to prove that party spirit is subversive of the peace and comfort of families, at war with the principles of truth and justice, and destructive of the enduring prosperity and renown of a nation. Does Christianity diminish human happiness in this life ? AFFIRMATIVE. Any thing restricts human happiness when the resulting evil over- balances the good. Many Christians are willing, if not anxious to die, but whoever has known a person not pious willing to meet death. Do not all dread it, from the beggar in his lonely hovel to the king in his palace. Men seek their own happiness, hence the proof that the Christian being unhappy is willing to die, and all who are unconverted being comparatively speaking happy, are unwilling to leave the bliss they enjoy here below. Where especially among ladies, do you find the most mirth and joy, where rings loudest the laugh, where pass away the hours under pleasures flying feet, among those who have not the restraints of religion to mar their happiness. But we need not be con- fined to the narrow sphere of families and neighborhoods Christianity has occasioned wars. It caused numerous and direful persecutions in the palmiest days of the Roman Empire, and during the reformation. It produced the crusades, and the incalculable amount of crime, and human wretchedness resulting therefrom, has caused the most bitter and heart-rending persecutions throughout the civilized world. We know our opponents may bring forward the plea that the eternal hap- piness of the bliss of the soul which lives beyond the grave outbalances all this, but we wish them confined rigidly to the question, and that has reference exclusively to this world, and here we have every one who is fond of amusement and the social circle, and the practice and actions of the great bulk of the people of this free republic, and the * Remembrance of the Jate Col. James Stimson, of Maryland. 26* u OUTLINES FOR YOUNG DEBATER8. common sense of mankind, all in favor of the affirmative of the ques- I tion. NEGATIVE. In proving the negative of this question, we propose to consider first the happiness Christianity confers on its possessors, and then its mi- raculous power in alleviating human suffering and blessing the whole human race. Outward appearances are generally deceptive, the smiling countenance often conceals the saddest anguish of the heart, and the lady who is all mirth and glee is too often like the dove that folds its wings to conceal the barb of death. The minds of those who are Christians, like the unruffled waters, run deep, and enjoy pleasures concealed from mortal view. "Which is the happiest the votary of pleasure or the christian. Death may overtake us at any moment. The vast sum of human happiness is made up of peace of conscience, and that even tranquillity which renders one always contented with his present condition, and enables him to confer great and perpetual bliss on all around. The argument of the hour of death so strongly relied on by the affirmative is in reality the very strongest one in our favor, all must die, the Christian feels ever ready ; he looks forward to the brightest and most glorious prospect, but the sinner " is without hope and without God in the world." He is constantly terrified, conscience which is ever whispering to him, speaks of the dark and gloomy future, he fears perdition, and is ever unhappy. The Possessor, not the mere Professor of Christianity, sets a noble example, and carries with him every where peace and love, and strews around content- ment and happiness.* Christianity confers felicity, for it is the law of God. Is there any one so credulous as to believe that Jehovah would annex misery for practising what he has commanded and approved 1 It has been boldly asserted that Christianity has caused devastating wars, that it was the source of the most cruel and unheard of persecutions ; at the zenith of the power of Imperial Rome ; that it originated the crusades and the untold misery resulting therefrom ; that it was the source of the heart-rendiDg persecutions during the reformation, and that it has continued to embroil and embitter society ever since. The fact is, all these atrocities and scourges have originated from an entirely different cause, viz : The evil disposition of man. Who acts in direct opposition to the whole weight and power of Christianity ; where have wars been the most frequent, ferocious, bloody and desolating, in coun- tries not Christianized, "whence come wars and fighting among you, come they not hence even of your lusts." Persecutions have existed in every age and country. Who persecuted Shadrach, Meshack, and See " Do as you would be done by," page 76, Burleigh's School Thinker. OUTLINES FOR YOUNG DEBATERS. 1U Ahednego ? Who does not see the absurdity of the affirmative ia at- tributing to a cause, effects which are found anterior to it, and where it never has existed. All nations have practiced persecu- tions where the christian religion was unknown. Persecution is found in all communities, and has nothing to do with Christianity, which, instead of encouraging, has always presented the strongest pos- sible barriers against intolerance. Christ says, " Do good to them that hate you and pray for those who despitefully use you and persecute you." Christianity has, irrefutably, improved and elevated the condi- tion of human society. It has abolished gladiatorial shows, and the contests between men and wild beasts. For the offering of human sac- rifices it has taught us to acknowledge and forsake our sins. It hum- bles kings and nobles, for it teaches them that their poor christian menials are better than themselves. It has elevated the condition of the poor, and provided for the proper education of children. Christianity enhances the happiness of the race inconceivably even in this life. It has supplied innocent entertainments for those that were pernicious ; it has enacted wise laws ; it has rendered travelling safe ; promoted literature, advanced science ; established the law of nations, protecting the persons of foreigners in distant countries ; mitigated the horrors of war by causing prisoners to be treated with humanity ; created a regard for piety ; founded hospitals ; raised woman from her abject condition as a chattel and degraded slave to her proper rank in society. Like the sun in heaven, its beneficient rays fall on all, though not alike on each. Yet every one, however low or degraded, is rendered happier by its beneficent influence. \ 3. The preceding outlines have been given to encourage persons who have had little or no experience in conducting public discussions. It may be remarked that the same arguments do not appear alike to every mind ; that circumstances may be ingeniously adduced, which if rightly construed, would sustain the opposite side of a question, and that mere reports are very different from facts, and should always be closely scanned. For example, the assertion in the first line of page 11, that 600 watches were stolen, is incredible, and may be refuted by showing that it was a conspiracy among thieves to destroy the law, i. e., one thief stole from the other, and that he in turn stole it again, and so on, till the same watch had been stolen and re-stole 500 times ; or that thei-e were not more than fifty watches at that period in the whole country where the execution occurred, &c. Young debaters, like children commencing to walk, should receive every possible encourage- ment, and should not always be rigid!/ confined to the subject. \ 4. The questions and hints on the following page" are designed for societies which have had more experience in conducting discussions. 20 HINTS FOR LITERARY AND DEBATING SOCIETIES. Is Unanimity in Juries conducive to the Equity of their Verdicts ?* negative. [Heads.] It causes investigation and dis- affirmative. [Heads.] Folly to require unanimity, to convict the meanest criminal when a bare majority, the preponderance of a single vote, 'will decide the most important deliberations of a State or Nation. A majority of one is sufficient to declare a war which will destroy the lives of thousands. One perverse and ob- stinate individual, or one who is corrupted by a bribe, may entirely thwart the ends of justice, and keep from merited punishment the vilest criminal. Improvement is the order of the day. In a free country the majority should rule. Unanimity is a relic of English Monarchy. cussion in all questions of differ- ence, and leans to the side of mercy. A large minority would always create dissatisfaction to the sentence. It is better for the guilty to escape than for the inno- cent to be punished. Being con- demned by a unanimous voice does away entirely with the unjust usur- pation of executives ; pardoning power. Rulers are liable to be bribed as well as jurors. The affirmative supports the side of theory. The negative is sanctioned by all past experience, and the approbation of the civilized world. Ought Foreign Immigration to be Encouraged ? affirmative. [Heads.] Needed to increase our popula- tion ; to occupy waste land ; to add to the power of our army ; to our manufacturing establishments ; to increase our institutions of learning ; and to promote the lite- rature of the country. Should be encouraged by grants of land and naturalization. The exile the strongest supporter of Liberty. And lastly, the superior intellect of foreigners is necessary to im- prove American literature. See Buffons Natural History, &c. negative. [Heads.] Paupers ; criminals ; Botany Bay ; Land monopoly ; Armies a curse ; Tools of tyrants ; encou- rage all the vice of Europe; em- brace the policy that makes a million poor ; a few nabobs. With those who engraft monarchial principles; small farms; merit; To corrupt ballot boxes; Licen- tiousness ; Exploded theory. We should respect ourselves and our country. See lives of Eminent American Statesmen and Divines, History U. S. &c. :ee Duties and Responsibilities of Jurors, Burleigh's American Manual. HINTS FOR LITERARY AND DEBATING SOCIETIES. 21 Do Males exert a Greater Beneficial Influence than Females? AFFIRMATIVE. [Heads.] Males are stronger in body and mind. Occupy all the learned professions ; all offices of trust, honor or profit. Direct the com- merce, manufactories, education, banks, the press and armies. Command the wealth ; wealth is power ; males found colleges ; the strongest levers of Christianity ; women dislike colleges ; spend all their time and influence in favor of pernicious novels and romances. This question applies to the whole race, in all uncivilized countries women are slaves and have no influence. Ought the Liberty of the affirmative. [Heads.] Restrictions necessary to promote truth and repress falsehood. Rome and Greece were free, yet they had no free press. Foulest calumnies circulated through the press. Sanc- tions robbers of character who are more detestable than those of money. Thousands live and die by being slandered. Like a pesti- lence no one is safe from its perni- cious attacks. Christianity ridi- culed and belied by it. Infidelity disseminated. The French revolu- tion, 1793, and the reign of terror countenanced. Power may be abused ; the press is power and ought to be restrained. Enter semi- naries ; contaminate the young ; ruin a nation. * See Apology for the freedom of the press by Robert Hall. And R. Hunter on formation and publication of opinions. negative. [Heads.] Strength no test of intellectual power and moral influence. Sir Isaac Newton feeble. Women mould the character. Sir Wm. Jones : Bonaparte; Doddridge ; Washington left exclusively to the mother. Semiramis, Helen of Troy ; Maid of Orleans ; Isabella, Catharine of Russia, Maria The- resa, Elizabeth, Pocahontas, Victo- ria, Jenny Lind. Free from drunk- enness ; Kings control mankind, Women control Kings. Hemans, Hannah More, &c. &c. Direct the affairs of the Christian World,- 1 three-quarters Christian Females. Press to be Restricted ?* negative. [Heads.] Truth, like gold, the more it is rubbed the brighter it shines ; al- ways prevails over all libellous at- tacks. If false restrictions tend to perpetuate ; Greece and Rome, did not maintain their liberty. More crime and vice where it is re- stricted. Refutation follows slan- der. Destroys tyrants, the rob- bers of nations. Millions die for the want of having their rights fearlessly advocated. A virtuous man lives free, for the calumniator is not believed. Christianity re- futes its puny attacks ; encircles the globe with light and bliss. French revolution by stifling free discus, sion. A free press exposes bad books and stops their sale. Impos- sible to restrict it in a beneficial way. Bad rulers have bad men to control it. Our own country, glory and hope of the world. THE ORIGINAL ARTICLES OF CONFEDERATION. TO ALL TO WHOM THESE PRESENTS SHALL COME. We, the undersigned Delegates of the States affixed to our Karnes, send greeting. WHEREAS the Delegates of the United Slates of America in Congress assembled, did, on the fifteenth Day of November, in the Year nf our Lord one thousand seven hundred and seventy- seven, and in the second Yearofthe Independence of America, agree to certain Articles of Con- federation and perpetual Union between the Mates of New Hampshire, MassachU! Rhode Island and Providence Plantations, Connecticut, .New York, Hew Jersey, Pennsylvania. Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, in the Words fol- lowing, vr/.. : — Articles of Confederation and perpetual Vmon between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylva- nia, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. ARTICLE I. The Style of this Confederacy shall be "The Cmted States of America." AR I'. II. Each Slate retains its Sovereignty, Freedom, and Independence, and every Power. Jurisdiction, and Right, which is not by toil Confederation expressly delegated to the United Slates in Congress assembled, ART. 111. The said States hereby severally enter into a firm League of Friendship with each other, for their common Defence, the Security of their Liberties, and their mutual and general Welfare; binding themsi tch other, against all Force oflered to. or Attacks made upon them, or any of them, on Account of Religion, Sovereignty, Trade, or any other Pretence ART IV. The better to secure and perpetuate mutual Friendship and Intercourse among the People of the different States, in this Union, the free Inhabitants of each of tni Paupers, \ agabo id Justice excepted, shall be entitled to all Privi Immunities of free Citizens in il ill have free ind from any other State, and shall enjoy therein all the Privileges of Trade and Commerce, subject to the same Duti and Resti ctiona as the Inhabit- clively, provided thai - ins shall not extend so far as to prevent imported into any Male, to any othei h the Owner is an Inhabitant ; provided also, thai an Imposition, Duties, or Restriction shall be laid by any State, on the Property of the United Slates, or either of them. It any Prison guilty of, or charged wil r other high Misdemeanor in any State, sha ice, and he found in any of ihe United States, he shall, upon Demand of the Government or executive Power of the State from which he tied, be delivered up and removed lurisdiction of Ins Offence. edit shall be given in each of these States to the Records, Acts and judicial Proceedings ot the Courts and Magistrates of every other State. ART. V. For the more convenient Management of the general Interests of the United States, Delegates shall be annually appointed, in such Mannei i are of each State shall duvet, io meet in Congress on the first Monday in November, in every Year; win, a Power reserved to eachState, r any of them, at any Time within the Year, and to send others in th( „• Remainder of the Year No Male shall he represented in Congress by less than two. nor by more than seven Mem- bers; and no Person shall be capable of hem- a Delegate l.r more than three Years in any term of six Years; nor shall any Person, being a Delegate, be capable of holding any Office under Ihe United S'ates, tor which he, or another for Ins Benefit, receives any Salary, Fees, or Lmnlument ot any Kind. ate shall maintain its own Delegates in a Meeting of the States, and while they act as Members ol the i ommittee of the SI In determining Questions in the United States, in Congress assembled, each State shall have one vote ed in any , ... their Per- mits, during the Time of their going to, and from, and attend- pngress, except tor Treason, Felony, or Breach of the Pe.ice. AH 1. VI. TNo Sale, without in nsent ol Ihe United States in Congress assembled, shall end any Embassy to, - Freedom of Speech and Debate in Congress shall not be impeached or questioned ourt, or Place out of O tigress, and the Members of Congress shall be protected in th • and Imprisonments, daring the Time of their going to, and from, and mce on Congress, except tor Treason, Felony, or Breach of the Pe.ice. AH 1. VI. .o S ate, without the i onsent ol ihe United Stan - in i tengresa asse,nble„, _ send any Embassy to, or receive any Embassy from, or enter into any Conference, Agreement. Alliance, or 1 reaty with any King. Prince, or Male ; nor shall any Person holdiug am proht or trust under the United States, or anj ,t of any Present, En Office, or Title of aav Kind whatever fro United S.ates in C any King, Prince, or foreign Slate; nor shall the ress assembled, or any ot them, grant any Title of Nobibiy. (22) ARTICLES OF CONFEDERATION. *5ZR£. sass asw arcaja;sas» ° r i'/t* ^-r be . Treaties, entered mto by ^heTnifed °Sta es in (wLTY i"^? 1 ? ^ a ">' Stl l'ula:,„us „, sucli Slate, or its Trad,- • ,„,,- shall ,,, if i,r ' " '"T s a^eml'led, for the Defence o Peace, except such Nuin'be "or i as' ',&'" '!'' , ^ ft W °J» * a "X State, in ff ,, bled, shall be deemed requisite £ ga rr , n i P ,- ,',1 e - rv" '' "l^ '" Cc "- ress a " s <-''"- »ut everv Slat,- shall ahvavs keei, „ , 'its necessary for the Defence of such Male • a,:d acc,,-ut,ed and si, all prftfej'c,., t mU^fr^lT^""'* M ^:^—<^ arn ■ j her of Fieldpieces and Tents, and a p rone, ■, i ' ' 1 *'"' '""'"' St !"' es - a d "« N«m- No State shall engage ,„ a, y wSr^with,,?,? fhJ? ' Arm ^ Ammuiiition and Camp-equipage assembled, unless such Sta e e "inlk ?*" "' ""« J*««*d States in I ,„, «, Adviceof a Resolution being forn e Hy\ a Nation n?Sn^ St?a,) li,Ve T^ °* rt ^ Danger is so nnnnnent as not" to admit of a Ellai , , he o ' 1 s,' '? vade s uc h State, and the can be Consulted : nor shall any Sta e m,,t rl 1 I i , *i '" ( ,-" n;; "' Ss assembled Letters of Marque or Reprisal exce i ,i • i . r, " I """ ss "" ! > , to ;ul > Sdnps or Vessels ol War, n,„ all Vacancies shall he Idled le'S™! I «, , ''r^. 5 "'' 1 ' State shall direct; and ART. Via. All Chai-es ,f v v , r -fn,i f , - hl "' alle , " le A PPomtment. mon Defence or Rene -d \v f r. », ' ' U , er , E ^ e ^» ">•" shall be incurred for the com- shall be defrayed out of ,Z1t allowed by the United Slates ,„ Congress assembled Proportion MvSwof a 1 U d w Ihmc'ioh XI ^ !"", , , """ etl " y "f^veral Stales, m' such Land and the IHuld,,,^ a 1,, r ,v",^ , . " !"'[ V ° rMil Teyed for a "V Person as Mode as the United Slates In r , ss' Is , % T n'? sl "' • be es,l '! ,a,ed ' according to such The Taxes for pay,,,.- f ,;, lCS„S J^W f ,°/" ' YT "J T,me direct : '<"1 appoint of the Legislatures V the seven Sesvh? he Tone T^'' "7 "' e A ""i° n 5 y a " d D ' rect '°" Congress assembled. ' "'"" lne Ilme agreed U P°» Dy the Dnited States m and Power' of^te^^ F ^°^^^ m }> l f. s ^ *™ *. sole and exclusive Eight tide— of sending and receivnL it L , ar ' t,xce P ( ln " le Cases mentioned in the sixth A that no Treat; of C „ Jrc sllaf 1 1 ,t * a .; 1 ; ,re -p» , «'» ? int., Treaties and Alliances' provided States shall he res. ran™ iron in po,ii ™ s fA? l,y , the 1 W lll ' e > ver " f tbe respective People are subjected to, or from Bfi ' id IK^l, ? Dutle , s " n F "™<&ers, as their own Goods or Commodities whatsoever- ei I ?,^ IT'T °, r lm P ort ? t ">'' »f any Species of tares on Land or Water sh; life 1, Al a, i, v^ r \? '" r ,, ? ) c """"' »' a " Cases, what Cap- Forces in the Service of the I „ ed s t ' t'es s!,., , ,,'""''' P " ZeS taken b >' la " d "r "aval of Marque and Renrisal i , t„, • o ' a " be lllvll]ed or appropriated— of granting Letters onies commitLd Z he teea^nT^S'l'" 5 ,V U:tS fc ? the Tnal of ^racieslnd ft£ finally Appeals in lMfe™S' '7 t U " r S f °!: rec ? lvl "? a »J determining pointed a Judge ot^any of Uie said Courts «o Member of Congress shall be apt pute^nTDfc^ now's^Sfir or'th'tf 3 '' t" he tl,e last Resort on Appeal in all Dis- concerning Boundary Jurisdiction S anv iV e f reafter n , ,a r anse be u tvveen tw " or more States, be exercised in Ihe Jl " ! ; "'' ! 5r ther C ause whatever ; which Authority shall ahvavs lawful Agent of ariyS?a£ ^n ^SSS^iJ^KT'th 1 ' 1 r'1 ative or executive Authoritv, oi ^^ress^'u-feSB^™?^ ^''Sfrln',^^""^^?^"- ^^ m'^h^,^:; !r' .^i^e^lli^d^^ 1 ! i i s , | , 'e a p^ l,mbern , nt c eSS " ,a! I seven - '""• m ">'« 'han nine Names, as Congress all determine the Cnnr,v-,„,., > ' ' be Commissioners or Judges, to hear and finally lodged among the Acts of Congress, for the Security of the Parlies c nee rued p aded tha every c cmmissioner, before he siLs in Judgment, shall take an Oath, to be adm,n,ste,-ed by one 24: ARTICLES OF CONFEDERATION. nf the Judges of the Supreme or Superior Court of the State, where the Cause shall be tried, " well and truly to hear ami determine the Mutter in Question, according to the best of his Judgment, '• without Favour, Affection, or Hope oi Reward ;" provided also that no State shall be depnvec 1 of Territory for the benefit of the United Stales. All Controversies concerning the private Right of Soil, claimed under different Grants of two or more States, whose Jurisdictions, as they may respect such Lands, and the States which passed such Grants, are adjusted, the said Grants or either of them being at the same Time claimed to have originated antecedent to such Settlement of Jurisdiction, shall, on i he Petition of either Party to the Congress of the United States, be finally determined as near as may be in the same Manner as is before prescribed for deciding Disputes respecting territorial Jurisdic- tion between different Stales The United States in Congress assembled shall also have the sole and exclusive Right and Power of regulating the Alloy and Value of Coin struck by their own Authority, or by that ol the respective Suites— fixing the Standard of Weights and Measures throughout the United States — regulating the Trade and managing all Affairs with the Indians, not Members of any of the States, provided that the legislative Right of any State withm its own Limits be not in- fringed or violated — estal lishing and regulating Post-Offices from one State to another, through- out all the United Slates, and exacting such Postage on the Papers passing through the same as may be requisite to defray the Expenses of the said Office — appointing all Officers of the laud Forces, in the Service of the United States, excepting regimental Officers— appointing all the Officers of the naval Forces, and commissioning all Officers whatever in the Service of the United States— making Rules for the Government and Regulation of the said land and naval Forces, and directing their Operations. The United States in Congress assembled shall have Authority to appoint a Committee, to sit in the Recess of Congress, to be denominated "a Committee of the States," and to consist of one Delegate from each State ; and to appoint such other Committees and civil Officers as may be necessary tor managing the general Affairs of the United States under their Direction — to appoint one of their Number to preside, provided that no Person be allowed to serve in the Office of President more than one Year in any term of three Years ; to ascertain the necessary Sums of Money to be raised for the Service of the United States, and to appropriate and apply the same for defraying the public Expenses — to borrow Money, or emit Bills on the Credit of the United States, transmitting every half Vear to the respective States an Account of the Sums of Money SO borrowed or emitted — to build and equip a Xavy — to agree upon the Number of to make Requisitions from each State for its Quota, in Proportion to the Num- ber of wh . which Requisitions shall be binding, and thereupon nt the regimental Officers, raise the Men. and clothe, arm, and equip them in a soldier-like Manner, at the Expense i ted States; and the in i M :n so clothed, armed, and equipped, shall march to the Place appointed, ami within the Tjme agreed on by the 1 ed : but if the United Stales u iistances, judge proper thai any State raise Men, or should raise a smaller Number than its Quota, and thai • r Nnmber of Men than the Quota thereof, such extra Number shall d, armed, and equipped in the same Manner as the Quota of such State, uiilesi i e shall judge that such extra Number cannot be safely spared Olll of the Same, in which Case they shall raise, officer, clothe, arm, and equip as many of such extra Number as they jud| ed. And the Officers and Men so clothed, rail march to the Place appointed, and within the Time agreed on BJ ed S ates in I i i led. assembled shall never engage in a War, nor grant Letters of Marque and Reprisal m Time of Peace, nor enter into Treaties or Alliances, nor coin Money, I ilue thereof, nor ascertain the Sums and Expenses necessary for the Defence BS, or any of them, nor emit Bills, nor borrow Money oil the Credit of the United States, nor appropriate Money, nor agree upon the Number of Vessels of ir purchased, or the Number of land or sea Forces to be raised, nor appoint a i in chief of the Army or \" ivy, unless nine States assent to the S.nue : nor shall a nnt, except for adjourning from Day b Day be determined, unless by the Votes of a Majority of the United States in ubl I The Congress of the United Sates shad have Power to Adjourn to any Time withm the Year. . the United Slates, so that no Period >f Adjournment be tor a longer Dura of six Months; and shall publish the Journal of their Proceedings s thereof relating to Treaies. Alliances, or Military Operations, ;h in '.heir Jini. i s and Nays of the Delegates of each State on i Question sliii Journal, when it is desired by any Delegaie; and the Dele gates oi a State, or any of them, at his or their Request, shall 'be furnished with i I ranscripl of the said Journal, except such Paris as are above excepted, to lay before the Legislatures ol al States. ART. X. The Committee of the S'a'es. or any nine of them, shall be authorized to execute in the Recess of Congress, such of the Powers of Congress as the United States hi I ongres- assembled, by the Consent of n ne States, sha 1 from li.n ■ to Time tiiui< expedient to vest ihem with'; provided that no Power he delegated to the said Committee, for the Exercise ol which, by the Articles of Confederation, the Voice of nine States in the Congress of the United States a.- ART. XI. Canada acceding to tins Confederation, and joining in the Measures of the Uni'ed ill he admitted mio, and entitled to all the Advantages of this Un.ou; but no other Colony shall be admitted into the Sa unless such Admission be agreed to by nine S ates. ART X 1 1. All Bills of Credit emitted. Moneys bin rowed, and Debts contracted by, or under the Authority of Congress, bef ire the Assembling of the United Slates, in pursuance of the pre- senfConl leration, shall be deemed and considered as a Cnarge against the United States, for Payment and Satisfaction whereof, the said United States, and the Public Faith are hereby solemnly pledged. ARTICLES OF CONFEDERATION. 2r> ART. XIII. Every State shall abide by the Determinations of the United States in Congress assembled on all Questions which by this Confederation are submitted to them. And the Articles of this Conlederation shall be inviolably observed by every State, and the Union shall be per- petual ; nor shall any Alteration at any Time hereafter be made in any of them, unless such Alteration be agreed to by a Congress of the United States, and be afterwards conlirmed by the Legislatures of every State. And whereas it hath pleased the great Governor of the World to incline the Hearts of the Legislatures we respectively represent in Congress to approve of and to authorize us to ratify the said Articles of Confederation and perpetual Union; Know ye, that we, the undersigned Delegates, by virtue of the Power and Authority to us given for that Purpose, do by these Pre- sents, in the Name and in Behalf of our respective Constituents, fully and entirely ratifv and confirm each and every of the said Articles of Confederation and perpetual Union, and all and singular the Matters and Things therein contained : and we do furtiur solemnly plight and engage the Faith of our respective Constituents, that they shall abide by the Determinations of the United States in Congress assembled, on all Questions, which by the smd Confederation are submitted to them; and that the Articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual. In witness wliereof, we have hereunto set our Hands in Congress. Done at Philadelphia in the State of Pennsylvania the ninth Day of July in the Year of our Lord one thousand seven hundred and seventy-eight, and m the third Year of the Independence of America. On the Part and Behalf of the State of New Hampshire. JOSIAH BARTLETT, JOHN WENTWORTH, Jun. August 8, 1773. On the Part aud Behalf of the State of Massachusetts Bay. JOHN HANCOCK, ELBRIDGE GERRY, JAMES LOVELL, SAMUEL ADAMS, FRANCIS DANA, SAMUEL HOLTEN. On the Part and Behalf of the State vf Rhode Island and Providence Plantations. WILLIAM ELLERY, HENRY MARCHANT, JOHN COLLINS. On the Part and Behalf of Vie State of Connecticut. ROGER SHERMAN, OLIVER WOLCOTT, ANDREW ADAMS. SAMUEL HUNTINGTON, TITUS HOSMER, On the Part and Behalf of the State of New York. JAS. DUANE, FRA. LEWIS, WM. DUER, GOUV. MORRIS. On the Part and Behalf of the Slate of New Jersey. JNO. WITHERSPOON, Nov. 26, 1778. NATH. SCUDDER do. On the Part and Behalf of the State of Pennsylvania. ROBT. MORRIS, JON A. BAYARD SMITH, JOS. REED, Cd July, 1778. DANIEL ROBERDEAU, WILLIAM CL1NGAN. On the Part and Behalf of the Stale of Delaware. THOS. M'KEAN, Feb. 13, 1779. NICHOLAS VAN DYKE. JOHN DICKINSON, May 5th, 1779. On the Part and Behalf of the Slate of Maryland. JOHN HANSON, March 1, 1781. DANIEL CARROLL, do. On the Part and Behalf of the Slate of Virginia. RICHARD HENRY LEE, THOMAS ADAMS, FRANCIS LIGHTFOOT LEE. JOHN BANISTER, JNO. HARVIE, On the Part and Behalf of the State of North Carolina. JOHN PENN, July 21st, 1778. CORNS. HARNETT, JNO. WILLIAMS. On the Part and Behalf of the S/ate of South Carolina. HENRY LAURENS, JNO. MATHEWS, THOMAS HEYWARD, Jun. WILLIAM HENRY DRAYTON, RICHARD HUTSON. On the Part arid B( ha If of the State of Georgia. JNO. WALTON, 24th July, 1778. EDWD. TELFAIR, EDW. LANGWORTHY. f JVote.— From the circumstance of delegates from the name stabs havin? siened the Articles of Confederation at different time*, as appears by the lates, it is probable they affixed their names as they happened to be present in Congress, artel they had been authorized by their constituents.! 27 EXTRACT OF A LETTER FROM EX-GOVERNOR W. G. D. WORTHINGTON. I have examined " Burleigh's Legislative Guide," and find, as its name implies, that it is indispensable for every legislator who desires to establish a uniform system of rules for conducting public business throughout the United States. In my humble judgment, every State Legislature -will immediately adopt it as their standard as soon as the merits of the work can be known. W. G. D. WORTHINGTON. I am convinced that the "Legislative Guide" will prove a valuable text-book for collegiate students, and will use it as such at St. Timo- thy's Hall, believing that every young American ought to be acquainted with the routine of order appropriate to legislative assemblies. L. VAN BOHKELEN, Rector. St. Timothy's Hall, Catonsville, Md., Feb. 26, 1852. Ex. of Letter from Hon. J. C. Legrand, Ch. Justice Court of Appeals, Md. Baltimore, Feb. 9, 1852. The plan of the Legislative Guide enables the student or legislator to discover, with facility, the rule and reason for it, in each particular instance, and must, therefore, be of great value to legislative and other deliberative bodies. JNO. CARROLL LEGRAND. At a meeting of the School Commissioners of Baltimore held Feb. 10, 1852, the following resolutions were unanimously adopted : Resolved, That the American Manual ; — that the Thinker ; — that the Practical Spelling Book by Joseph Bartlett Burleigh, LL. D., be introduced into the Public Schools of Baltimore. J. W. TILYARD, Clerk Com. Pub. Sch. Balto. At a meeting of the Controllers of Public Schools, First District of Pennsylvania, held at the Controllers' Chamber, on Tuesday, December 10th, 1850, the following resolution was adopted : — Resolved, That the American Manual, by Joseph Bartlett Burleigh, be introduced as a class-book into the Grammar Schools of this District. ROBERT J. HEMPHILL, See. Philadelphia, Nov. 13, 1851. At a meeting of the Controllers of Public Schools, First District of Pennsylvania, held on Tuesday, Nov. 11th, 1851, the following resolu- tion was adopted : Resolved, That the "Thinker," by Joseph Bartlett Burleigh, be intro- duced as a class-book into the Public Schools of this District. ROBERT J. HEMPHILL, Sec. (26) INDEX TO THE CITIZENS' MANUAL. 27 INDEX TO THE CITIZENS' MANUAL. Adjournment, Fixing the time of, . " " " Place of, . . Amendments, Respecting, Appeals, from Decision of President, . Business, Order of, ... " When obstructed, by rule, . Census, of United States, . . Commit, Motion to, .... " May be Amended, . . Committee, Report of, ... " Respecting Chairman, " Majority and Minority Report, '« Duties of, . . " Select, .... " Standing, " Whole House, Directions for Debating Societies, Appendix, Debate, Mode of, Elections, Time of Holding in each State, " Synopsis of Proceedings, . English Legislation, Synopsis of, Form Preceding a Bill, . . Introduction to the Manual, . Laws, Manner of Enacting, Legislatures, Meeting of in each State, Librarian, Duties of, . . Messages, Form of, &c, Meetings, Called, &c. Method, Necessity for, Motions, When put, &c, Naturalization Laws, Respecting, Organization, Manner of, Officer, Presiding Respecting, , M Duties of, ... Proceedings, Manner of Called Meetings, Postponement, Indefinite and Certain, Questions, Precedence of, " Character of, " Previous, . , " Division of, " Not Debatable, Quorum, Respecting, Report of a Committee, Rhetorical Arrangement, Appendix, Reconsider, Motion to, Secretary, Duties of, Societies, Directions for, . Societies, Literary Form for, Treasurer, Duties of, Yeas and Nays, PAGE. 223 228 254 263 252 252 282 242 254 224 245 246 235 237 238 240 1 257 280 275 269 210 199 213 380 235 209 220 214 264 273 204 206 229 227 261 247 266 252 260 259 265 245 2 262 232 202 215 234 226: I have examined the "American Manual with much interest, and it gives me pleasure to say that I highly approve cf it. A text-book prepared by a man so distinguished tor sctioiar- ship experience, and success in teaching, as President Burleigh, cannot foil to secure uni- versal favour. The general arrangement ot the work is regular. The marginal exer- cises and questions placed at the foot of each page, greatly facilitate the labour both of the teacher and scholar, and serve to interest the mind of the latter, m the acquisition of know- ledge. The statistical tables are also valuable, and the appendix serves as a key to the whole work, wluch renders it complete. It is a book which, in my opinion, should be placed in the hands of every American citizen. ROBERT KERR, Principal of West. Female High School., Bait. I have examined with care the "American Manual." The chasteness of thought, and simplicity of style, in the articles accompanying the Constitution, highly recom- mend its use as a school-book. The marginal exercises are a new and im- portant feature, which, I am convinced, will aid the teacher verv much in lus arduous la- bours, by exciting the pupils to investigate and reflect. This arrangement will also enable them, by easy and gradual steps, to obtain a great command of language. 1 hope, therefore, it may receive a circula- tion commensurate to its merits. D. A. HOLLINGSHEAD, ^Instructor of History and Belles- Lettres in the Western Female High School, Bait. I fully concur in the foregoing recommenda- tion. JAMES HARSHAW, Prin. Pub. Sch. No. 9. Gentlemen: — I have examined President Burleigh's "Commentary on the Constitution of the United States." 1 consider it the best work of the kind extant ; and it is, beyond a doubt, admirably adapted to the use of schools. The style is neat, perspicuous and elegant ; and the marginal exercises will be found to confer a benefit similar to that derived from Uie study of the ancient languages. I shall introduce the book into my school early in September next. D. JONES, Prin. Classical Academy, Eutaw Street, Bait. Gentlemen: — I have, with great pleasure, examined the "American Manual." and am prepared to say that it is every thing it purports to be. The design and execution are both ad- mirable. If it be desirable that our civil du- ties and relations should form a subject of study in elementary schools, (and that they should, 1 presume, no one will pretend to doubt,) President Burleigh has unquestionably accomplished a most laudable work. His questions are well adapted to the subject matter, and will have the effect of drawing the mind of the youngest learner to it ; while his marginal exercises cannot fail to achieve that which every teacher feels to be a desidera- tum, to wit, the means of compelling pupils to attend to the import of words. As the best proof of my entire & probation of the work, 1 shall take the first opportunity to organize a class with that as a text-book. 11 SPENCER, Principal of the May land Institute. I cordially concur in the above recommenda- BENJAMIN G. FRY, Principal of Union Female Seminary, No. 30 Hanover Street, Baltimore. 1 have critically examined the American Manual. Having taken much pains in ascer- taining the true tenor of the republican msti- l my adopted country, I had previously read the leading authors on government with much satisfaction, but 1 have not met with any work in any language, that so clearly, so con- cisely, and so beautifully conveys to the mind, the principles of political science. The mar- ginal exercises afford much and valuable as- sistance to the foreigner in acquiring a know- ledge of the English language. The exercises also afford to the mental powers a similar dis- cipline that is obtained in studying the ancient classics. The questions are so remarkably ipted to the subject, that, while they assist the teacher, they also lead the pupils to reason and reflect for themselves. 1 hope the Manual will be nut only univers- ally used in America, but also in Europe. A. FREITAG. L.L. D. Professor of Modern Languages %n the Cen- tral High School, and of German in St. Mary's College. I have carefully examined the American Manual. The general plan in putting questions to make the pupils see the cause and result, is the same that 1 mvself have pursued for many years past, and 1 need hardly say that the work meets my most unqualified approval. The conciseness and beauty of the style, the unequalled excellence of the marginal exer- cis is in drawing out the mind, and thoroughly disciplining the mental powers, and training the pupils to reason with accuracy and preci- sion, renders it, in my opinion, the beat school- book extant. 1 shall introduce the work into the Seminary over which I preside at the commencement of the next session. D. R. ASHTON\ Filth below Arch St. Philadelphia, July 5th, 1848. I have examined the American Manual, and heartily concur with Professor Ashton in re- gard to its merits, and shall also introduce it RECOMMENDATIONS. 29 into the French Seminary for Young Ladies, over which I preside. C. P!COT, No. 15 Washington Square. After a very careful examination of the American Manual, by J. B. Burleigh, I can freely say that I consider it a performance of superior excellence. It embodies a fund of in- formation, surpassing: in importance and va- riety that of any other work which has come under my notice. It is happily adapted to the wants of children in families, pupils in com- mon schools, and students in higher semina- ries ; it is also equally well calculated to afford entertainment and instruction to adults in every sphere of life. JOHN ALLEN, Principal of the Female Seminary, No. 274 'North. Seventh Street. Extract of a Letter from Professor Brooks. The comprehensive view of politics in gene- ral, which the American Manual presents, its excellent commentary on the Constitution of our Republic, and the clear exposition of the duties of magistrates and citizens, the sound morals which it inculcates, with its questions, marginal exercises,