$ E u I 5 5 t- o X u 0) 1 MANUAL '>/>* a, - -^ /y . BaiSLATIVE PRACTICE AND ORDER OF BUSINESS DELIBERATIVE BODIES. SECOND EDITION. BY JOEL B. SUTHERLAND, PHILADELPHIA : Printed by Peter Hay & Co. 22 Walnut street, 1830. ( * Eastern District of Pennsylvania, to wit: BE it remembered, that on the fifth day of December, in the fifty' econd year of the Independence of the United States of America, A. P. 1827, ROBERT DESILVER,of the said District, hath deposited in this office, the title of a book, the right whereof he claims as proprietor in the words following, to wit: A Manual of Legislative Practice, and Order of Business in Delibe- rative Bodies. By Joel B. Sutherland." In conformity to the Act of the Congress of the United States, inti- tuled, ** An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of tuch Copies, during the times therein mentioned. And also to the Act, entitled," An Act supplementary to an Act, entitled * An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of such Copies during the times therein mentioned,' and extending the benefits thereof to the artt of designing, engraving, and etching historical and other prints.'* D. CALDWELL, Clerk of tb< Eastern District of FenniylrAiu*. INDEX Page. Absence, ........ 127 Adhere, ......... 163 Assembly, meeting of, - - - - - 101 -- , opening of, - - - - - 104 Amendments, - - - - - - . 156 to amendments, - - - - 163 - on third reading, - - - 156 - ' between the two Houses, - - - 161 concur, ...... 162 -- non ...... ib. -- recede, - ^ - - - 164, 167 - insist on, ...... 155 Bills, proceedings on, .... . 139 - signing of, - - . - . - 122, 172 - - in committee of the whole, - - - - 144 - leave to sit again on, - - - . -148 - on second reading, - - - . . . 153 - on third reading, - - - - . - 154 - - returned without signing, - - . . 175 - - public, ........ 141 - private, ........ ib. - read by title, -----.. IQQ Business, order of, -..-... 123 Business, items of unfinished, - - - - - 126 Census, ......... 84 V INDEX. Page. Committees, standing, ...... 128 reports of, - - - - - ib. reports of select, ..... ib. additional members added to, - - 128 reports of, amended, - - - - 133 of the whole, - - - - - 182 quorum of, ... 183 of conference, - - - 165 report of, - - - 168 to compare bills, ----- 172 Constitution, Pennsylvania, .... 33 United States, ----- i Debate, freedom of, - - - - - - 102 Documents, withdrawal of, - - - - 128 Elections contested, - - - - - - -191 of governor, ---... ib. of representatives, ----- ib. of senators, --.... ib. of state treasurer, - - - - -195 of U. S. senator, - - - - - 198 opening returns of governor's, - 201 Electors of president and vice-president, - - - 205 Impeachment, . - - - -215 Preamble, ........ 145 Privilege of members, - - - - - -101 Postponement, .......180 Question, privileged, - - - - - -177 , previous, - - - - - - 178 Recede, 1C7 Reconsideration, ------- 135 Representatives, election of, - - - - 92, 97 , qualification of, 92 , number of, ----- 9J , names of, - ib. privilege of, ----- 101 INDEX. V Page. Representation, census of, - - - - 85 ratio of, - - - - - 85, 88 - in senate, - - ib. Resolutions, ------- 112, 126 . original, ------- ib. Rules, of house of representatives, - 72 dispensed with, - - - - - -188 of senate, ------- 208 Senate, rules of- - - - - - - ib. Senators, names of, ...... 90 districts of, .--.. ib. number of, ------ ib. qualifications of, - - - - 89 term of service of, ... 99 privilege of, ----.. 101 Speaker, duties of, ---115 signing bills, 172 Taxable inhabitants, .*.. 86 Title, read, ------- 154 Vacancies, how filled, S02 THIS work contains the Constitution of the United States and of Pennsylvania, the whole of Mr. Sutherland's Manual, corrected up to the present session, the Rules of both Houses of Congress, and the Manual of Mr, Jeffer- son. It will therefore be a very useful assis- tant to old as well as new members of our State Legislatures ; embracing as it does, a mass of important Parliamentary Practice, worthy the attention of every Representative desirous of serving his constituents with abi- lity and fidelity. PREFACE. HAVING for several years occupied a seat in the House of Representatives of Pennsyl- vania, and having presided over that body and since served as State Senator, it occurred to me, that a work on the Practice and Me- thod of proceeding adopted in the two branches of the General Assembly would not be unacceptable to the members. The excel- lent Manual of Thomas Jefferson contains the landmarks of order, and must always be a useful guide ; but it is well known to all con- versant with the business of public bodies, that it does not supply all that is wanting to State Legislatures. The Manual I present is intended as far as practicable to explain the detail so necessary to a new member, and to note the exact words which custom has sanctioned in the order of business. In the short time allotted for this work, it cannot be expected to be perfect ; yet I shall be greatly disappointed, if it does not prove serviceable to the members. TUTS OF THE UNITED STATES OF AMERICA, WE, the people of the United States, in order to form a more perfect Union, estahlish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the hlessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. [See I Wheat. 324. 4 Wheat. 403.] ARTICLE I. OF THE LEGISLATURE. SECTION I. All legislative powers, herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. SECT. II. 1. The House of Representa- A CONSTITUTION OF Till". ttves shall be composed oi' members . ry second year, by the people <,!' th. ral states: and tlie el e .shall IUIMJ the qualifications requisite for < the moM numerous branch of the state lature. 2. No person sliall be a representative, \sho sliall not have attained to the age of t\\en five years, and been seven }rars a ( iti/en of the United States, and who sliall not, when elected, be an inhabitant of that state in \\hich he shall be chosen. 3. Representatives and direct taxes shall be apportioned, amunu; th< which may be included within this Union, ac- cording to their re^peeti\e numbers, M'hirh ill be determined by adding to the \\hole number of free persons, ineinding those hound to sen ice lor a term of yean, ;t:id rvludinu, Indians not taxed, three-lilihs of all other \ sons. The actual enumeration shall he made within tin is after the fust merlin; the C<. 1 \NJth- iii : in of ten years, in h mann . 'J'lie ', but each state -hall UNITED STAT Imve at least one representative ; and, until such enumeration shall be made, the state of New Hampshire shall he entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six. New Jersey four, Pennsylva- nia eight, Delaware one, Maryland six, Vir- ginia ten, North Carolina five, South Carolina five, and Georgia three. [See 5 Wheat- 317.] 4. When vacancies happen in the repre- sentation from any state, the executive autho- rity thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their Speaker, and other officers, and shall have the sole power of impeachment. SECT. III. 1. The Senate of the United States shall he composed of t\vo Senators from each state, chosen by the legislature thereof for six years ; and each Senator shall have one vote. [See 6 Wheat. 390.] 2. Immediately after they shall be assem- bled, in consequence of the first election, tin y shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expira- tion of the second year ; of the second class 4 CONSTITUTION Off THE at the expiration of the fourth year ; and of the third class at the expiration of the sixth year ; so that one third may he chosen every second year. And if vacancies happen hy resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments, until the next meeting of the legislature, Avhich shall then fill such vacancies. 3. No person shall he a Senator, who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and \vho shall not, when elected, he an inhabitant of that state for which he shall be chosen. 4. The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other offi- cers, and also a Pre k sident pro tempore, in the absence of the Vice President, or when ho shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oatli or affirmation. When tho President of the United States i* UNITED STATES. 5 tried, the Chief Justice shall preside. And no person shall be convicted, without the con- currence of two thirds of the members pre- sent. 7. Judgment in cases of impeachment shall not extend further than to removal from of- fice, and disqualification to hold and enjoy any office of honour, trust or profit, under the United States; but the party convicted shall, nevertheless, be liable and subject to indict- ment, trial, judgment and punishment, ac- cording to law. SECT. IV. 1. The times, places and man ncr of holding elections for Senators and Re- presentatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators. 2. Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. SECT. V. 1. Each House shall be the judge of the elections, returns and qualifica- tions of its own members, and a majority of each shall constitute a quorum to do business; CONSTITUTION OF THE but a smaller number may adjourn from day to day, and may be authorised to com-; 3! the attendance of the absent members, in ::nch manner, and under such penal ties, ;. House may provide. 2. Each House may determine the rules of its proceedings, punish its members for disor- derly behaviour, and, with the concurrence of two thirds, expel a member. [See 1 HalVs Am* Law Jour. 459.] 3 Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of members of either House, on any question, shall, at the desire of one fifth of those present, be entered on the journal. 4* Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place, than that in which the two Houses shall be sitting. SECT. VI. 1. The Senators and Represen- tatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and STATES 7 breach of the peace, he privileged from arrest during their attendance at the session of their respective Houses, and in going to, and re- turning from the same; and for any speech or dehate in either House, they shall riot be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, he appointed to any civil office under the author- ty of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no per- son holding any office under the United States shall be a member of either House, during his continuance in office. SECT. VII. 1. All bills for raising revenue shall originate in the House of Representa- tives; but the Senate may propose or concur with amendments, as on other bills. 2. Every bill, which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the ob- jections at large on their journal, and proceed 8 CONSTITUTION OF T1IE to reconsider it. If, after such reconsidera- tion, two thirds of that House shall agree to pass the hill, it shall he sent, together with the objections, to the other House, by which it shall likewise be re-considered, and, if ap- proved by two thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless Congress, by their adjourn- ment, prevent its return, in which case it shall not be a law. 3. Every order, resolution or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on a question of adjournment) shall be presented to the President of the United States, and, before the same shall take effect, shall be ap- proved by him, or, being disapproved by him, shall be re-passed by two thirds of the Senate and House of Representatives, according to UNITED 1TATBS. 9 the rules and limitations prescribed in tho case of a bill. SECT. VIII. Congress shall have power 1. To lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defence and general welfare of the United States ; but all duties, imposts and excises, shall be uniform throughout the Uni- ted States; [See 5 Wheat. 317.] 2. To borrow money on the credit of the United States ; 3. To regulate commerce with foreign na- tions, and among the several States, and with the Indian tribes; [Sec 9 Wheat. 1. 2 Hall's Jim. L. Jour. 255, 272. 17 Johns. 488.] 4. To establish an uniform rule of naturali- zation, and uniform laws on the subject of bankruptcies throughout the United States ; [See 4 Wheat. 122, 192, 209. 2 Wheat. 269. 20 Johns. 693.] 5. To coin money, regulate the value there- of, and of foreign coin, and fix the standard of weights and measures ; 6. To provide for the punishment of coun- terfeiting the securities and current coin of the United States ; 7. To establish post offices and post roads ; 10 CONSTITUTION THE 8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries ; [See 3 Wheat. Jlpp. n. 2, p. 13. 7 Wheat* 356.] 9. To constitute tribunals inferior to the supreme court; 10. To define and punish piracies and felo- nies committed on the high seas, and offences against the laws of nations ; [5 Wheat. 184, 153, 76. 3 Wheat. 336.] 1 1 . To declare war, grant letters of marque and reprisal, and make rules concerning cap- tures on land and water; [8 Cranch, 110, 154.] 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years ; 13. To provide and maintain a navy ; [See I Mason, 79, 81. 4 Binn. 487.] 14. To make rules for the government and regulation of the land and naval forces ; 15. To provide for calling forth the militia to execute the laws of the Union, suppress in- surrections, and repel invasions; [5 Wheat. 1. 19 Johns T.] UNITED STATES. 11 1 6. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states, respectively, the appointment of the officers, and the authority of training the militia ac- cording to the discipline prescribed by Con- gress ; [3 S. and R. 169. 5 Wheat. 1. 19 Johns. 7.] 17. To exercise exclusive legislation, in all cases whatsoever, over such district (not ex- ceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States ; and to exercise like au- thority over all places, purchased by the con- sent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings ; and [See 9. Mason, 60. 5 Wheat. 317, 324. 6 Wlieat. 440. Jour, of Jurisp. 47, 56. 17 Johns. 225.] 1 8. To make all laws which shall be neces- sary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government 12 CONSTITCTXOX 0V TUT, of the United States, or in any department or officer thereof. [4 Wheat. 413. G Wheat. 204.] SECT. IX. 1. The migration or importa- tion of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by Congress, prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importa- tion, not exceeding ten dollars for each per- son. 2. The privilege of the writ of habeas cor- pus shall not be suspended, unless, when in cases of rebellion or invasion, the public safe- ty may require it. 3. No bill of attainder, or expostfacto]&\v, shall be passed. [See 3 Dallas, 386, 396. 6 Sinn. 271.] 4. No capitation or other direct tax, shall be laid, unless in proportion to the census or enumeration, herein before directed to be taken. [See 5 Wheat. 317. 3 Dull. 171.] 5. No tax or duty shall be laid on articles exported from any state. No preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another ; nor shall vessels bound to or from ITXiTED STATES. 1 3 one state, be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the trea- sury, but in consequence of appropriations made bylaw; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. 7. No title of nobility shall be granted by the United States ; and no person, holding any office of profit or trust under them, shall, without the consent of Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. SECT. X. 1. No State shall enter into any treaty, alliance or confederation 5 grant letters of marque and reprisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts ; or grant any title of nobility. [See 8 Wheat. 84, 92, 256, n. 464. 5 Wheat. 420. 4 Wheat. 518, 122, 209. 6 Wheat. 13 i. 16 Johns. 233. 13 Mass. 16. 7 Johns. CA. R. 297. 2 Co-wen, 626.] B 14 CONSTITUTION OF THE 2. No state shall, without the consent of Congress, lay any imposts or duties on im- ports or exports, except what may be abso- lutely necessary for executing its inspection laws ; and the nett produce of all duties and imposts, laid by any state on imports or ex- ports, shall be for the use of the treasury of the United States ; and all such laws shall bo subject to the revision and control of Con- gress. No state shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such im- minent danger as will not admit of delay. ARTICLE II. OF THE PRESIDENT. SECT. I. 1. The Executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together \\ith the Vicc-President, chosen for the same term, be elected as follows: TTNITED STATES. 15 2. Each state shall appoint, in such manner as the legislature thereof may direct, a num- ber of electors, equal to the whole number of Senators and Representatives to which the state may be entitled in Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. (3. The electors shall meet in their respec- tive states and vote by ballot, for two per- sons, of whom one at least shall not be an in- habitant of the same state with themselves. And they shall make a list of the persons voted for, and the number of votes for each; which list they shall sign and certify, and transmit, sealed, to the seat of the govern- ment of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be coun- ed. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of rotes, thcii the house of Repre- 16 CONSTITUTION OF THB sentatives shall immediately choose, by ballot, one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall, in like man- ner, choose the President. But in choosing the President, the votes shall be taken by states, the representation Irom each state having one vote: A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-Presi- dent. But if there should remain two or more, who have equal votes, the Senate shall choose from them, by ballot, the Vice-Presi- dent. [This clause altogether altered and sup- plied by the JLllth amendment.] 4. Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same thoughout the United States. 5. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall ho to the office of President; neither UNITED STATES. 17 shall any person be eligible to that office, \vlio shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. [So also as to the Vice-President. See ~KIIth amendment, post.] 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and Congress may, by law, provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability, be removed, or a President shall be elected. 7. The President shall at stated times, re- ceive for his services a compensation, which shall neither be increased nor diminished dur- ing the period for which he shall have been elected; and he shall not receive within that period, any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the following oath or af- firmation : " I do solemnly swear (or affirm) that I will B 2 18 CONSTITUTION Or THE faithfully execute the office of President of tho United States, and will, to the best of my ability, preserve, protect, and defend the Con- stitution of the United States." SECT. IL 1. The President shall be com- mander in chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective of- fices ; and he shall have power to grant re- prieves and pardons for offences against the United States, except in cases of impeachment* 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur ; and he shajl nominate, and by and with the advice and consent of the Se- nate, shall appoint ambassadors, other pub- lic ministers and consuls, judges of the su- preme court, and all other officers of the Uni- ted States, whose appointments arc not herein otherwise provided for, and which shall be established by law. But Congress may, by law, vest the appointment of such inferior UNITED STATES, 19 officers as they think proper in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, hy granting commissions, which shall expire at the end of their next session. SECT. III. He shall, from time to time, give to Congress information of the state of the Union, and recommend to their considera- tion such measures, as he shall judge neces- sary and expedient ; he may, on extraordinary occasions, convene hoth Houses, or either of them, and, in case of disagreement between them, with respect to the time of adjournment, lie may adjourn them to such time as he shall think proper ; he shall receive ambassadors, and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. [1 Crunch, 137.] SECT. IV. The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. CONSTITUTION OF TUB ARTICLE III. OF THE JUDICIARY. SECT. I. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. [See 7 Johns. Ch. R. 303.] SECT. II. 1. The judicial power shall ex- tend to all cases in law and equity, arising under this Constitution, the laws of the Uni- ted States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party ; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands un- UNITED STATES. SI tier grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. [See 2 Dall. 297. 6 Wheat. 264, 405. 2 Mason, 472. 9 Wheat. 819.] 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as Congress shall make. [5 8. and E. 545. 1 Binn. 138.] 3. The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the state where the said crimes shall have been committed ; but when not committed within any state, the trial shall be at such place or places as Congress may by law have directed. SECT. III. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their ene- mies, giving them aid and comfort. No per- son shall be convicted of treason, unless on the testimony of two witnesses to the same CONSTJTITI05 OP Tin: overt act, or confession in open court. -[4 Crunch. .-1pp. Note B. 470, 126.] 2 Con 'iall have potter to declare the punishment of treason, but no aliaim; -on sliall work corruption of hlood, or forfeitur pt during tite life of the per- son attainted. ARTICLE IV. OF STATE RECORDS. SECT. I. Full faith and ere lit sliall be given in each state to the public a. >rds, and judicial proceeding* of ever) ii. And Co: may, by general la\\*, pre- scribe the manner in which such acN. records and proceedings shall he proM'd. and the ef- iliereof. [Sec 7 Crunch. 481. 3 Jl'hcut. . i Peters, 81, 552. 6 Jl'hcut. 129.) or rri r/i:N>n:r. II. 1. T: shall be entitled to all \)r\\ -.nd iininuni- . 7/.430.) ii^ vithia 8S& UNITED STATES. 23 OF FUGITIVES FROM JUSTICE. 2. A person charged in any state with treason, felony, or other crime, who shall ilee from justice, and he found in another state, shall, on demand of the executive au- thority of the state from which he fled, he delivered up, to he removed to the state hav- ing jurisdiction of the crime. [See 4 Johns. Ch. R. 106.] OF FUGITIVE SLAVES. S. No person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any la\v or regulation therein, be discharged from such service or labour, but shall be delivered up, on the claim of the party to whom such vice or labour may be due. [See 2 S. ami R. S06. 3 S. and R. 4. 58. and R. 62.] OF THE ADMISSION OF XEW STATES. SECT. III. l. New states may bo admitted by Congress into this Union ; but no new state shall be formed or erected within tho jurisdiction of any other shite, nor any state be formed by the junction of two or more states, or parts of states, without the consent 4 CONSTITUTION 07 THR of the legislatures of the states concerned, as well as of Congress. OF TERRITORIES. 2. Congress have power to dispose of, and make all needful rules and regulations re- specting the territory, or other property, be- longing to the United States ; and nothing in this Constitution shall be so construed, as to prejudice any claims of the United States, or of any particular state. OF STATE FORMS OF GOVERNMENT. SECT. IV. The United States shall guar- antee to every state in this Union, a republi- can form of government, and shall protect each of them against invasion ; and, on appli- cation of the legislature, or of the executive, (when the legislature cannot be convened) against domestic violence. ARTICLE V. Or AMENDMENTS TO THE CONSTITUTION. Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the UNITED STATES. 25 application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid, to all intents and pur- poses, as part of this Constitution, when rati- fied by the legislatures of three fourths of the several states, or by Conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by Congress: Provided, That no amendment, which may be made prior to the year one thousand, eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth sec- tion of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. OF PUBLIC DEBT. SECT. I. All debts contracted, and engage- ments entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as un- der the Confederation. 26 CONSTITUTION OF THE OF THE SUPREME LAW OF THE LAND. SECT. II. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall he made, under the authority of the United States, shall he the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the con- stitution or laws of any state to the contrary notwithstanding. OF THE CONSTITUTIONAL OATH, AND A RE- LIGIOUS TEST. SECT. III. The Senators and Representa- tives before mentioned, and the members of the several state legislatures, and all execu- tive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Consti- tution ; but no religious test shall ever be re- quired as a qualification to any office, or pub- lic trust, under the United States. ARTICLE VII. The ratification of the Conventions of nine states shall be sufficient for the establishment UNITED STATES. 27 of this Constitution, between the states so ratifying the same. Done in Convention, by the unanimous consent of the states present, the seven- teenth day of September, in the year of our Lord, one thousand seven hundred and eighty-seven, and of the Indepen- dence of the United States of America, the twelfth. In witness whereof, w r e have hereunto subscribed our names. GEORGE WASHINGTON, President, and Deputy from Virginia. New Hampshire. John Langdon, Nicholas Gil man. Massachusetts. Nathaniel Gorham, Rufus King. Connecticut. William Samuel Johnson, Roger Sherman. New York. Alexander Hamilton. New Jersey* William Livingston, David Brearly, 28 CONSTITUTION OF THE William Patterson, Jonathan Dayton. Pennsylvania. Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimmons, Jared Ingersoll, James Wilson, Gouverneur Morris. Delaware. George Read, Gunning Bedford, Jun. John Dickinson, Richard Bassett, Jacob Broom. Maryland. James M 'Henry, Daniel of St. Tho. Jenifer, Daniel Carroll. Virginia. John Blair, James Madison, Jun. North Carolina. William Blount, Richard Dobbs Spaight, UNITED STATES. 29 Hugh Williamson. South Carolina. John Rutledge, Charles Cotesworth Pinkney, Charles Pinkney, Pierce Butler. Georgia. William Few, Abraham Baldwin, Jtttest, WILLIAM JACKSON, J&ec'ry. AMENDMENTS. The following articles proposed by Con- gress, in addition to, and amendment of the Constitution of the United States, having been ratified by the legislatures of two thirds of the states, are become a part of the Constitution. First Congress, First Session, March 5, 1789. ART. 1. Congress shall make no law re- specting an establishment of religion, or pro- hibiting the free exercise thereof; or abridg- ing the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances, (See 3 Feates, 520.) SO CONSTITUTION OF THE ART. 2. A well regulated militia being ne- cessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. ART. 3. No soldier shall in time of peace be quartered in any house, without the con- sent of the owner, nor in time of war, but in a manner to be prescribed by law. ART. 4. The right of the people to be se- cure in their persons, houses, papers, and ef- fects against unreasonable searches and sei- zures, shall not be violated ; and no warrants shall issue, but upon probable cause supported by oath or affirmation, and particularly de- scribing the place to be searched, and the persons or things to be seized. [3 Cranch, 448, 453. 6 Binn. 316.] ART. 5. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in ac- tual service, in time of war or public danger ; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb ; nor shall be compelled, in any criminal case, to be a witness against himself; nor be UNITED STATES. SI deprived of life, liberty or property, without due process of law; nor shall private pro- perty be taken for public use, without just compensation. [18 Johns. 187. 3 Yeates, 362. 6Binn. 509. ZDall. 312. 2 Johns. Ch. R. 164. 1 S. and R. 382.] ART. 6. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law ; and to be in- formed of the nature and cause of the accusa- tion; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favour ; and to have the assistance of counsel for his defence. ART. 7. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. [See 8 Wheat. 674.] ART. 8. Excessive bail shall not be re- quired, nor excessive fine imposed, nor cruel and unusual punishments inflicted. c 2 * 32 CONSTITUTION OF THE ART. 9 The enumeration in the Constitu- tion of certain rights shall not be construed to deny or disparage others retained by the people. ART. 10. The powers not delegated to the United States by the Constitution, nor prohi- bited by it to the states, are reserved to the states respectively, or to the people. Third Congress, second Session, Dec. 2, 1793. ART. 1 1. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prose- cuted against one of the United States by citizens of another state, or by citizens or sub- jects of any foreign state. (See 6 Wheat. 405.) Eighth Congress, Jirst Session, Oct. 17, 1803. ART. 12. The electors shall meet in their respective states, * and vote by ballot, for President and Vice President; one of whom at least shall not be an inhabitant of the same state with themselves ; they shall name in their ballots, the person voted for as Presi- dent, and, in distinct ballots, the person voted * On the first Wednesday in December, by Act of Con- gress, 1st March, 1792. XJNITED STATES. SS for as Vice President ; and they shall make distinct lists of all persons voted for as Pre- sident, and of all persons voted for as Vice- President, and of the number of votes for each ; which lists they shall sign and certify, and transmit sealed, * to the seat of the govern- ment of the United States, directed to the president of the Senate ; the president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, fand the votes shall then be count- ed ; the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed. And if no person have such majority, then, from the persons having the highest numbers, not ex- ceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President ; but in choosing the President, the rotes shall be taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority * Before the first Wednesday in January, by the same act. t On the sccoad Wednesday ia Febpuary, by the same act. 34 CONSTITUTION OF THE of all the states shall be necessary to a choice; and if the House of Representatives shall not choose a president, whenever the right of choice shall devolve upon them, -before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disabity of the President. The person hav- ing the greatest number of votes as Vice-Pre- sident, shall be the Vice-President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice- President ; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole num- ber shall be necessary to a choice. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice- President of the United States. (The following article was proposedby Con- gress to the several states for their adoption as part of the Constitution, and has been ratified by the state of Pennsylvania, and some of the other states, but Jiad not, in March 1825, been UNITED STATES. 35 ratified by the number of states required by the Jlfth article of the Constitution, and is therefore as yet, no part of the Constitution of the United States.} Eleventh Congress, second Session, November 27th, 1809. ART. 13. If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honour, or shall, with- out the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them. [See Const. U. S. Jlrt, 1, s. ix. p. 13.] TRB Constitution OF THB COMMONWEALTH OF PENNSYLVANIA. WE, the People of the Commonwealth of Pennsylvania, ordain and establish this Con- stitution for its Government. [See 1 Wheat* 324. 4 Wheat. 403.] ARTICLE I. OF THE XEGISLATURE. SECTION I. The legislative power of this commonwealth shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives. SECT. II. The Representatives shall be chosen annually, by the citizens of the city of Philadelphia, and of each county respec- tively, on the second Tuesday of October. SECT. III. No person shall be a Represen- tative, who shall not have attained the age of CONSTITUTION, &C. 37 twenty -one years, and have been a citizen and inhabitant of the state three years next preceding his election, and the Jast year thereof an inhabitant of the city or county in which he shall be chosen; unless he shall have been absent on the public business of the United States, or of this state. No per- son, residing within any city, town, or bo- rough, which shall be entitled to a separate representation, shall be elected a member for any county ; nor shall any person, residing without the limits of any such city, town or borough, be elected a member therefor. SECT. IV, Within three years after the first meeting of the General Assembly, and within every subsequent term of seven years, an enumeration of the taxable inhabitants shall be made, in such manner as shall be di- rected by law. The number of representa- tives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the city of Philadel- phia and the several counties, according to the number of taxable inhabitants in each ; and shall never be less than sixty, nor greater than one hundred. Each county shall have at least one Representative ; but no county, D SS CONSTITUTION OF hereafter erected, shall he entitled to a sepa- rate representation, until a sufficient number of taxable inhabitants shall be contained within it, to entitle them to one Representa- tive, agreeably to the ratio which shall then be established. SECT. V. The Senators shall be chosen for four years, by the citizens of Philadelphia, and of the several counties, at the same time, in the same manner, and at the same places, where they shall vote for Representatives. SECT. VI. The number of Senators shall, at the several periods of making the enumera- tion before mentioned, be fixed by the legisla- ture, and apportioned among the districts, formed as herein after directed, according to the number of taxable inhabitants in each ; and shall never be less than one fourth, nor greater than one-third, of the number of Re- presentatives. SECT. VI r. The Senators shall be chosen in districts, to be formed by the legislature, each district containing such a number of tax- able inhabitants, as shall be entitled to elect not more than four Senators: When a district shall be composed of two or more counties, they shall be adjoining. Neither the city of PENNSYLVANIA. S9 Philadelphia, nor any county shall be divided, in forming a district. SECT. VIII. No person shall he a Senator, who shall not have attained the age of twen- ty-five years, and have been a citizen and in- habitant of the state four years next before his election, and the last year thereof, an inha- bitant of the district for which he shall be chosen, unless he shall have been absent, on the public business of the United States or of this state. SECT. IX, Immediately after the Senators shall be assembled, in consequence of the first election, subsequent to the first enumeration, they shall be divided, by lot, as equally as may be, into four classes. The seats of the Senators of the first class shall be vacated at the expiration of the first year, of the second class at the expiration of the second year, of the third class at the expiration of the third year, and of the fourth class at the ex- piration of the fourth year; so that one-fourth may be chosen every year. SECT. X. The General Assembly shall meet on the first Tuesday of December in every year, unless sooner convened by the Governor. 40 CONSTITUTION OF SECT. XL Each House shall choose its Speaker and other officers; and the Senate shall also choose a Speaker pro tempore, when the Speaker shall exercise the office of Governor. SECT. XII. Each House shall judge of the qualifications of its members. Contested elections shall he determined by a committee, to be selected, formed and regulated in such manner as shall be directed by law, A ma- jority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be author- ized, by law, to compel the attendance of absent members, in such manner, and under such penalties, as may be provided. SECT. XIII. Each House may determine the rules of its proceedings, punish its mem- bers for disorderly behaviour, and, with the concurrence of two thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free state. SECT. XIV. Each House shall keep a jour- nal of its proceedings, and publish tbem weekly, except such parts as may require secrecy: and the yeas and nays of the mem- PENNSYLVANIA. 4 1 bers, on any question, shall, at the desire of any two of them, be entered on the journals. SECT. XV. The doors of each House, and of committees of the whole, shall be open, un- less when the business shall be such as ought to be kept secret. SECT. XVI. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sit- ting. SECT. XVII. The Senators and Represen- tatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Commonwealth. They shall, in all cases, except treason, felo- ny, and breach or surety of the peace, be pri- vileged from arrest during their attendance at the session of the respective Houses, and in going to and returning from the same: And for any speech or debate in cither House, they shall not be questioned in any other place. SECT. XVIII. No Senator or Representa- tive shall, during the time for which he shall have been elected, be appointed to any civil office under this Commonwealth, which shall have been created, or the emoluments of 42 CONSTITUTION OF which shall have been increased, during such time; and no member of Congress, or other person holding any office (except of attorney at law, and in the militia) under the United States, or this Commonwealth, shall be a member of either House during his continu- ance in Congress, or in office. SECT. XIX. When vacancies happen in cither House, the Speaker shall issue writs of election to fill such vacancies. SECT. XX. All bills for raising revenue shall originate in the House of Representa- tives; but the Senate may propose amend- ments, as in other bills. SECT. XXI. No money shall be drawn from the treasury, but in consequence of ap- propriations made by law. SECT. XXII. Every bill which shall have passed both Houses, shall be presented to the Governor: If he approve, he shall sign it; but if he shall not approve, he shall return it, with his objections, to the House in which it shall have originated, who shall enter the objections at large upon their journals, and proceed to reconsider it: If, after such re- consideration, two-thirds of that House shall agree to pass the bill, it shall be sent, with PENNSYLVANIA. 45 the objections, to the other House, by which likewise it shall be re-considered : and if ap- proved by two-thirds of that House, it shall be a law. But in such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons votii for or against the bill shall be entered on the jour- nals of each House respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to bim, it shall be a law, in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return: in which case it shall be a law, unless sent back within three days after their next meeting. SECT. XXIII. Every order, resolution or vote, to which the concurrence of both Houses may be necessary, (except on a question of adjournment,) shall be presented to the Go- vernor, and, before it shall take effect, be ap- proved by him, or being disapproved, shall be repassed by two-thirds of both Houses, according to the rules and limitations pre- scribed in case of a bill. 44 CONSTITUTION or ARTICLE II. OF THE GOVERNOR. SECTION L The Supreme Executive powrr of this Commonwealth shall he vested in a Governor. SECT. II. The Govcrner shall be chosen on the second Tuesday of October, by the citi- zens of the Commonwealth, at the places where they shall respectively vote for Repre- sentatives. The returns of every election for Governor shall be sealed up, and transmitted to the seat of government, directed to the Speaker of the Senate, who shall open and publish them in the presence of the members of both Houses of the Legislature. The per- son having the highest number of votes shall be Governor, but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of the members of both Houses. Contested elec- tions shall be determined by a committee, to be selected from both Houses of the Legisla- ture, and formed and regulated in such man- ner as shall be directed by law. SECT. III. The Governor shall hold his of- PENNSYLVANIA. 45 fice during Jbree years from the third Tues- day of December next ensuing his election, and shall not be capable of holding it longer than nine, in any term of twelve years. SECT. IV. He shall be, at least, thirty years of age, and have been a citizen and inhabitant of this state seven years next before his elec- tion ; unless he shall have been absent on the public business of the United States, or of this state. SECT. V. No member of Congress, or per- son holding any office under the United States, or this state, shall exercise the office of Go- vernor. SECT. VI. The Governor shall, at stated times, receive, for his services, a compensa* tion, which shall be neither increased nor di- minished during the period for which he shall have been elected. SECT. VII. He shall be commander in chief of the army and navy of this commonwealth? and of the militia; except when they shall be called into the actual service of the United States. SECT. VIII. He shall appoint all officers, whose offices are established by this constitu- tion, or shall be established by law. and whose 46 CONSTITUTION OF appointments are not herein otherwise pro- vided for ; but no person shall be appointed to an office within any county, who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected ; but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. No member of Congress from this state, nor any person holding or exercising any office of trust or profit under the United States, shall, at the same time, hold or exercise the office of judge, secretary, treasurer, prothonotary, register of wills, recorder of deeds, sheriff, or any office in this state, to which a salary is by law annexed, or any other office which future le- gislatures shall declare imcompatible with of- fices or appointments under the United States. [See 3 S. and R. 145, 155. 5 S. and R. 451.] SECT. IX. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment. SECT. X. He may require information, in writing, from the officers in the executive de- partment, upon any subject relating to the du- ties of their respective offices. PENNSYLVANIA. 47 SECT. XL He shall from time to time, give to the General Assembly information of the state of the Commonwealth, and recommend to their consideration such measures as he shall judge expedient. SECT. XII. He may, on extraordinary oc- casions, convene the General Assembly ; and in case of disagreement between the two Houses, with respect to the time of adjourn- ment, adjourn them to such time as he shall think proper, not exceeding four months. SECT. XIII. He shall take care that the laws be faithfully executed. SECT. XLV. In case of the death or resig- nation of the Governor, or of his removal from office, the Speaker of the Senate shall exercise the office of Governor, until another Governor shall be duly qualified. And if the trial of a contested election shall continue lon- ger than until the third Tuesday in Decem- ber next ensuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, who may be in the exercise of the executive authority, shall continue there- in until the determination of such contested election, and until a Governor shall be quali- fied as aforesaid. 48 CONSTITUTION OF OF THE SECRETARY OP THE COMMON- WEALTH. SECT. XV. A Secretary shall be appointed and commissioned during the Governor's continuance in office, if he shall so long be- have himself well: He shall keep a fair re- gister of all the official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes and vouchers, relative thereto, before either branch of the legislature, and shall perform such other duties as shall be enjoined him by law. ARTICLE III. OF ELECTIONS. SECTION I. In elections by the citizens, every freeman of the age of twenty-one years, having resided in the state two years next be- fore the election, and within that time paid a state or county tax, which shall have been assessed at least six months before the elec- tion, shall enjoy the rights of an elector : Provided, That the sons of persons qualified as aforesaid, between the ages of twenty-one and twenty-two years, shall be entitled to PENNSYLVANIA. 49 vote, although they shall not have paid taxes. SECT. II. All elections shall be by ballot, except those by persons in their representa- tive capacities, who shall vote rim voce. SECT. III. Electors shall, in all cases, ex- cept treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from them. ARTICLE IV. OF IMPEACHMENTS. SECT. I. The House of Representatives shall have the sole power of impeaching. SECT. II. All impeachments shall be tried by the Seriate: When sitting for that purpose, the Senators shall be upon oath or affirma- tion. No person shall be convicted without the concurrence of two-thirds of the members present. SECT. III. The Governor, and all other civil officers, under this commonwealth, shall be liable to impeachment for any misdemea- nor in office: But judgment, in such cases, shall not extend further than to removal from 50 CONSTITUTION OF office, and disqualification to hold any office ofhonor, trust, or profit, under this common- wealth: The party, whether convicted or ac- quitted, shall nevertheless be liable to indict- ment, trial, judgment, and punishment, ac- cording to law. ARTICLE V. OE THE JUDICIARY. SECT. I. The judicial power of this com- monwealth shall be vested in a Supreme Court, in Courts of Oyer and Terminer ant! General Jail Delivery, in a Court of Common Pleas, Orphan's Court, Register's Court, and a Court of Quarter Sessions of the Peace, for each county, in Justices of the Peace, and in such other Courts as the legislature may, from time to time, establish. SECT. II. The Judges of the Supreme Court, and of the several Courts of Common Pleas, shall hold their offices during good be- haviour: But for any reasonable cause, which shall not be sufficient ground of impeachment, the Governor may remove any of them, on the address of two-thirds of each branch of the legislature. The Judges of the Supreme 51 Court, and the Presidents of the several Courts of Common Pleas shall, at stated times, re- ceive, for their services, an adequate compen- sation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit under this commonwealth. SECT. III. The jurisdiction of the Supreme Court shall extend over the state, and the judges thereof shall, by virtue of their offices, be Justices of Oyer and Terminer and Gene- ral Jail Delivery in the several counties. SECT. IV. Until it shall be otherwise di- rected by law, the several Courts of Common Pleas shall be established in the following manner. The Governor shall appoint, in each county, not fewer than three, nor more than four Judges, who, during their continu- ance in office, shall reside in such county: The state shall be divided by law into cir- cuits, none of which shall include more than six, nor fewer than three, counties: A Presi- dent shall be appointed of the courts in each circuit, who, during his continuance in office, shall reside therein: The President and judges, any two of whom shall be a quorum, shall 52 CONSTITUTION OF compose the respective Courts of Common Pleas. SECT. V. The Judges of the Court of Com- mon Pleas, in each county, shall, by virtue of their offices, be Justices of Oyer and Termi- ner and General Jail Delivery, for the trial of capital and other offenders therein: Any two of the said Judges, the President being one, shall be a quorum; but they shall not hold a Court of Oyer andTerminer or Jail Delivery in any county, when the Judges of the Su- preme Court, or any of them, shall be sitting in the same county. The party accused, as well as the commonwealth, may, under such regulations as shall be prescribed bylaw, re- move the indictment and proceedings, or a transcript thereof, into the Supreme Court. SECT. VI. The Supreme Court and the several Courts of Common Pleas shall, be- sides the powers heretofore usually exercised by them, have the power of a Court of Chan- cery, so far as relates to the perpetuating of testimony, the obtaining of evidence from places not within the state, and the care of the persons and estates of those, who are non compotes mentis; And the legislature shall vest in the said courts, such other powers, to PENNSYLVANIA. 53 grant relief in equity, as shall be found ne- cessary ; and may, from time to time, en- large or diminish those powers, or vest them in such other courts, as they shall judge pro- per, for the due administration of justice. [See 4 Binn. 117.] SECT. VII. The Judges of the Court of Common Pleas of each county, any two of whom shall be a quorum, shall compose the Court of Quarter Sessions of the Peace and Orphan's Court thereof; and the Register of Wills, together with the said Judges, or any two of them, shall compose the Register's Court of each county. SECT. VIII. The Judges of the Courts of Common Pleas shall, within their respective counties, have the like powers with the Jud- ges of the Supreme Court, to issue writs of Certiorari to the Justices of the Peace, and to cause their proceedings to be brought be- fore them, and the like right and justice to be done. SECT. IX. The President of the Courts, in each circuit, within such circuit, and the Judges of the Court of Common Pleas, with- in their respective counties, shall be Justi- E 2 54 CONSTITUTION 01? ccs of the peace, so far as relates to the crimi- nal matters. SECT. X. The Governor shall appoint a competent number of Justices of the Peace, in such convenient districts, in each county, as are or shall he directed hy law: they shall he commissioned during good behaviour; but may be removed on conviction of misbeha- viour in office, or of any infamous crime, or on the address of both houses of the legis- lature. [See 4 Feates, 399. 4 S. and R 76.] SECT. XL A Register's office for the pro- bate of wills and granting letters of adminis- tration, and an office for the recording of deeds, shall be kept in each county. SECT. XII. The style of all process shall be, The Commonwealth of Pennsylvania; all prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania, and conclude, Against the peace and dignity of the same. ARTICLE VI. OF SHERIFFS AND CORONERS. SECTION I. Sheriffs and Coroners shall, at the times aud places of election of Ilcpvcscnta- PENNSYLVANIA. 55 tivcs, be chosen by the citizens of each coun- ty; Two persons shall be chosen for cacli office, one of whom for each respectively shall be appointed by the Governor. They shall liold their offices for three years, if they shall so long behave themselves well, and until a successor be duly qualified; but no person shall be twice chosen or appointed Sheriff, in any term of six years. Vacancies, in either of the said offices, shall be filled by a new appointment, to be made by the Governor, to continue until the next general election, and until a successor shall be chosen and qualified as aforesaid. OF THE MILITIA. SECT. II. The freemen of this common- wealth shall be armed and disciplined for its defence. Those who conscientiously scruple to bear arms, shall not be compelled to do so; but shall pay an equivalent for personal ser- vice. The militia officers shall be appointed in such manner, and for such time, as shall be directed by law. OF PUBLIC OFFICERS. SECT. III. Prothonotarics, Clerks of the Fcace and Orphans' Courts, Recorders of 56 tXWSTITUTION OF deeds, Registers of \vills, and Sheriffs, shall keep their offices in the county town of the county in which they respectively shall be officers, unless when the Governor shall, for special reasons, dispense therewith for any term, not exceeding five years after the county shall have been erected. OF COMMISSIONS. SECT. IV. All commissions shall be in the name, and by the authority, of the common- wealth of Pennsylvania, and be sealed with the state seal and signed by the Governor. OF THE STATE TREASURER AND OTHER OFFICERS. SECT. V. The State Treasurer shall be ap- pointed, annually, by the joint vote of the members of both Houses. All other officers in the treasury department, attornies at law, election officers, officers relating to taxes, to the poor and highways, constables and other township officers, shall be appointed, in such manner as is or shall be directed by law. PENNSYLVANIA. 57 ARTICLE VII. OF PUBLIC SCHOOLS. SECT. 1. The Legislature shall, as soon as conveniently may be, provide, by law, for the establishment of schools throughout the state, in such manner that the poor may be taught gratis* OF SEMINARIES OF LEARNING. SECT. II. The arts and sciences shall be promoted in one or more seminaries of learn- ing. OF RELIGIOUS SOCIETIES AND CORPORATE BODIES. SECT. III. The rights, privileges, immuni- ties and estates of religious societies and cor- porate bodies shall remain, as if the constitu- tion of this state had not been altered or amended. ARTICLE VIII. OF THE OATH OF OFFICE. Members of the General Assembly, and all officers, executive and judicial, shall be bound, 58 CONSTITUTION" OF by oath or affirmation, to support the Consti- tution of this commonwealth, and to perform the duties of their respective offices with fidelity. ARTICLE IX. DECLARATION OF RIGHTS. That the general, great, and essential princi- ples of Liberty and free Government may be recognised and unalterably established, We Declare, That, SECTIOX I. All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. [See 4 nail. 258, 260.] SECT. II. All power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness: For the advance- ment of those ends, they have, at all times, an (inalienable and indefeasible right to alter, PENNSYLVANIA. 59 reform or abolish their government, in such manner as they may think proper. SECT. III. All men have a natural and in- defeasible right to worship Almighty God according to the dictates of their own con- sciences: no man can, of right, be compelled to attend, erect or support any place of wor- ship or to maintain any ministry, against his consent ; no human authority can, in any case whatever, control or interfere with the rights of conscience ; and no preference shall ever be given, by law, to any religious establishments or modes of worship. SECT. IV. No person who acknowledges the being of a God, and a future state of re- wards and punishments, shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this commonwealth. [See 2 Cow en, 433, n. 579,. n. 18 Johns. 93.] SECT. V. Elections shall be free and equal. SECT. VI. Trial by jury shall be as here- tofore, and the right thereof remain inviolate, lS.ee I Binn. 416. 8 Wheat. 674. 60 CONSTITUTION OF SECT. VII. The printing presses shall be free to every person who undertakes to ex- amine the proceedings of the legislature, or any branch of government: And no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject, being respon- sible for the abuse of that liberty. In prose- cutions for the publication of papers investi- gating the official conduct of officers, or men in a public capacity, or where the matter pub- lished is proper for public information,, the truth thereof may be given in evidence: And, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. [See 3 Yeates, 520.] SECT. VIII. The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures : And no warrant to search any place, or to seize any person or things, shall issue, with- out describing them as nearly as may be, nor without probable cause supported by oath or PENNSYLVANIA, Gt affirmation. [Sea 6 IKnn. 31G. 3 Crunch, 448, 453.] SECT. IX. In all criminal prosecutions, the accused hath a right to be heard by him- self and his counsel, to demand the nature and cause of the accusation against him, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favour, and, in prosecutions by indictment or infor- mation, a speedy public trial, by an impartial jury of the vicinage: He cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land. SECT. X. No person shall, for any indict- able offence be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger, or, by leave of the court, for oppression and misdemeanor in office. No person shall, for the same offence, be twice put in jeopardy of life or limb ; nor shall any man's property be taken or applied to public use, without the consent of his representatives, and without just compensation being made, [See 3 Yeates? 62 CONSTITUTION OF 362. 6 Binn. 509. 20 Johns. 735. 2 Dull. 312. IS Johns. 187. 2 Jo/ws. C/t. JR. 164. 1 S. and R. 382.] SECT. XI. All courts shall be open, and every man, for an injury done him in his lands, goods, person or reputation, shall have remedy by the due course of law, and right and justice administered, without sale, denial or delay. Suits may be brought against the commonwealth in such manner, in such courts, and in such cases, as the legislature may by law direct. SECT. XII. No power of suspending laws shall be exercised, unless by the legislature, or its authority. SECT. XIII. Excessive bail shall not be re- quired, nor excessive fines imposed, nor cruel punishments inflicted. SECT. XIV. All prisoners shall be baila- ble by sufficient sureties, unless for capital of- fences, when the proof is evident or presump- tion great ; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. SECT. XV. No commission of oyer and terminer or jail delivery shall be issued. PENNSYLVANIA. 63 SECT. XVI. The person of a debtor, Nvhero there is not strong presumption of fraud, shall not be continued in prison, after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. SECT. XVII. No ex post facto law, nor any law impairing contracts shall be made. [See 3 Dall. 386, 396. 6 Binn. 271. 8 Wheat. 84, 92, 256, n. 5 Wheat. 420. 4 Wheat. 122, 209, 518. 6 Wheat. 131. 16 Johns. 232. IS Mass. 16.] SECT. XVIII. No person shall be attainted of treason or felony by the legislature. SECT, XIX. No attainder shall work cor- ruption of blood, nor, except during the life of the offender, forfeiture of estate to the com- monwealth ; the estates of such persons as shall destroy their own lives, shall descend or vest as in case of natural deatli ; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. SECT. XX. The citizens have a right, in a peaceable manner, to assemble together, for their common good, and to apply to those in- vested with the powers of government for re- dress of grievances, or other proper purposes, by petition, address, or remonstrance. CONSTITUTION OF SECT. XXI. The right of citizens to be.- 1 arms in defence of themselves and the state, shall not bo questioned. SECT. XXII. No standing army shall ? in time of peace, be kept up without the consent of the legislature ; and the military shall, in all cases, and at all times, be in strict subordina- tion to the civil power. SECT. XXIIL No soldier shall in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to bo prescribed by law. SECT. XXIV. The legislature shall not grant any title of nobility or hereditary dis- tinction, nor create any office, the appoint- ment of which shall be for a longer term than during good behaviour. SECT. XXV. Emigration from the state diall not be prohibited. SECT. XXVI. To guard against transgres- sions of the high powers which have been de- legated, We declare, That every thing in this article is exccptcd out of the general powers of government, and shall forerer remain in- violate. PENNSYLVANIA. 65 SCHEDULE. That no inconvenience may arise from the alterations and amendments in the Consti- tution of this Commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained, That, I. All laws of this commonwealth, in force at the time of making the said alterations and amendments in the said Constitution, and not inconsistent therewith, and all rights, actions, prosecutions, claims and contracts, as well of individuals as of bodies corporate, shall con- tinue as if the said alterations and amend- ments had not been made. II. The President and Supreme Executive Council shall continue to exercise the execu- tive authority of this commonwealth, as here- tofore, until the third Tuesday of December next; but no intermediate vacancies in the Council shall be supplied by new elections. III. All officers in the appointment of the executive department shall continue in the exercise of the duties of their respective of- fices until the first day of September, one thousand seven hundred and ninety one, (un- less their commissions shall sooner expire by 66 CONSTITUTION OF their own limitations, or the said offices be- come vacant by death or resignation,) and no longer, unless re-appointed and commissioned by the Governor ; except that the judges of the Supreme Court shall hold their offices for the terms in their commissions respectively expressed. IV. Justice shall be administered in the several counties of the state until the period aforesaid, by the same justices, in the same courts, and in the same manner, as hereto- fore. V. No person now in commission, as She- riff, shall be eligible at the next election for a longer term than will, with the time which he shall have served in the said office, complete the term of three years. VI. Until the first enumeration shall be made, as directed in the fourth section of the first article of the Constitution established by this Convention, the city of Philadelphia and the several counties shall be respectively en- titled to elect the same number of Represen- tatives as is now prescribed by law. VII. The first Senate shall consist of eighteen members, to be chosen in districts formed as follows, to wit: The city of Phila- PENNSYLVANIA. 67 delphia, and the counties of Philadelphia and Delaware, shall be a district, and elect three Senators: The county of Chester shall be a district, and shall elect one Senator: The county of Bucks shall be a district, and shall elect one Senator: The county of M ontgomery shall be a district, and shall elect one Senator: The county of Northampton shall be a district, and shall elect one Senator: The counties of Lancaster and York shall be a district, and shall elect three Senators: The counties of Berks and Dauphin shall be a district, and shall elect two Senators: The counties of Cum- berland and Mifflin shall be a district, and shall elect one Senator: The counties of Nor- thumberland, Luzerne and Huntingdon shall be a district, and shall elect one Senator: The counties of Bedford and Franklin shall be a district, and shall elect one Senator: The counties of Westmoreland and Allegheny shall be a district, and shall elect one Senator: And the counties of Washington and Fayette shall be a district, and shall elect two Senators: Which Senators shall serve until the first enu- meration before mentioned shall be made, and the representation in both houses of the legis- lature shall be established by law, and chosen 68 CONSTITUTION OF as in the constitution is directed. Any vacan- cies which shall happen in the Senate, within the said time, shall he supplied as prescribed in the nineteenth section of the first article. VIII. The elections of Senators shall he conducted, and the returns thereof made to the Senate, in the same manner as is pre- scribed by the election laws of the state, for conducting and making return of the election of Representatives. In those districts, which consist of more than one county, the judges of the district election within each county, after having formed a return of the whole election within that county, in such manner as is di- rected by law, shall send the same, by one or more of their number, to the place hereinafter mentioned within the district, of which such county is a part, where the judges so met shall compare and cast up the several county returns, and execute, under their hands and seals, one general and true return for the whole district, that is to say; the judges of the district composed of the city of Philadel- phia and the counties of Philadelphia and De- laware, shall meet at the state-house in the city of Philadelphia ; the judges of the district composed of the counties of Lancaster and PENNSYLVANIA. 60 York shall meet at the court-house in the cwinty of Lancaster ; the judges qf the dis- trict composed of the counties of Berks and Dauphin shall meet at Middletown, in the county of Berks ; the judges of the district composed of the counties of Cumberland and Mifllin shall meet in Greenwood township, county of {Cumberland, at the house now occu- pied by David Miller ; the judges of the dis- trict composed of the counties of Northumber- land, Luzcrne and Huntingdon shall meet in the town of Sunbury ; the judges of the dis- trict composed of the counties of Bedford and Franklin, shall meet at the house now occu- pied by John Dickey, in Air township, Bed- ford county; the judges of the distiict com- posed of the counties of Westmoreland and Allegheny shall meet in Westmoreland coun- ty, at the court-house in the town of Greens- borough ; and the judges of the district com- posed of the counties of Washington and Fayette, shall meet at the court-house in the town of Washington, in Washington county, on the third Tuesday in October, respective- ly, for the purposes aforesaid. IX. The election of the Governor shall bo conducted iu the several counties u\ the man- TO CONSTITUTION OF ner prescribed by the laws of the state for the election of Representatives ; and the returns in each county shall be sealed by the judges of the elections, and transmitted to the President of the Supreme Executive Council, directed to the Speaker of the Senate, as soon after the election as may be. Done in Convention, the second day of Sep- tember, in the year of our Lord one thou- sand seven hundred and ninety, and of the Independence of the United States of America, the fifteenth. In testimony whereof, we have hereunto subscribed our names. THOMAS MIFFLIN, President, James Wilson, Benjamin Pedan, Hilary Baker, Matthew Dill, William Lewis, William Irvine, Thomas M'Kean, James Power, George Gray, Joseph Hiester, William Robinson, jr. Christian Lower, Robert Hare, Abraham Lincoln, Enoch Edwards, Paul Groscop, Samuel Ogden, Balzer Gehr, Thomas Jenks, jun. Samuel Sitgreaves, John Barclay, John Arndt, Abraham Stout, Peter Rhoads, PENNSYLVANIA. William Gibbons, Thomas Bull, James Boyd, Edward Hand, Robert Coleman, Sebastian Graft*, John Hubley, John Brekbill, Henry Miller, Henry Slagle, William Reed, Benjamin Tyson, James M'Lene, George Matthews, James Morris, Lindsay Coats, Joseph Powell, John Piper, Charles Smith, Simon Snyder, William Findley, William Todd, Alexander Addison, John Hoge, David Reddick, James Ross, John Smilie, Albert Gallatin, Alexander Gray don, Timothy Pickering, Andrew Henderson, John Gibson, Jonathan Shoemaker, Thomas Beale, John Gloninger, John Sellers, William Brown, Nathaniel Newlin. Attest, JOSEPH REDMAN, Secretary, J. SHALLUS, Assistant Secretary, RULES FOR THE GOVERNMENT OP THE HOUSE OF REPRESENTATIV 7 ' OF Of the Duties of the Speaker. 1. He shall take the chair at the hour to. which the house shall have adjourned, and immediately call the members to order, and on the appearance of a quorum, shall cause the journal of the preceding day to be read, which may then be corrected by the House. 2. He shall preserve order and decorum, and in debate shall prevent personal reflec- tions, and confine members to the question unilpr discussion. When two or more mem- bers rise at the same time, he shall name the one entitled to the floor. 3. He shall decide questions of order. An appeal from his decision may be made by two III7LES, 73 members; or the Speaker may, in the first instance, submit the question to the House. On questions of order there shall be no de- bate, except on an appeal from the decision of the Speaker, or on a reference of a question by him to the house, when no member shall speak more than once, unless by leave of the house ; all decisions upon questions of order shall be noted by the clerk, and placed at the end of the journal of each session, with a reference to the decision as stated in the jour- nal. 4. While the Speaker is putting a question or addressing the house, none shall walk out of or across the house, nor in such case, of when a member is speaking, shall entertain private discourse, nor while a member is speaking, shall pass between him and the chair. 5. The Speaker shall appoint the members of standing and select committees, unless otherwise ordered by the House. 6. Acts, addresses and joint resolutions shall be signed by the Speaker, and writs, warrants and subpoenas, issued by the House, shall be signed by him, and attested by the Clerk. 74 RULES. 7. He shall have a general direction of the hall. He may name a member to perform the duties of the chair, but such substitution shall not extend beyond an adjournment. Of the Order of Business. 8. After the reading of the journal, the or- der of business shall be as follows: 1st. Letters, petitions, memorials, remon- strances, and accompanying documents, may be presented and referred. 2. Original resolutions may be offered ; items of unfinished business may be referred ; leave of absence and leave to withdraw peti- tions and documents, may be asked ; and mo- tions to appoint additional members of com- mittees may be made. S. Reports of committees may be made: 1st, from standing committees. 2nd, from select committees. 4. Bills on a third reading. 5. Reports and resolutions may on motion be considered. 6. And motions to re-consider may be made. 7. Of bills. 1st, those irj which the House has made progress 6n a second reading. RULES. 75 2nd, those reported by a committee of the whole. Sd, those in which the committee of the whole has made progress and has leave to sit again. 4th, hills not yet considered in commit- tee of the whole, shall be taken up. Of Business and Debate. 9. When a member is about to speak in debate, or to communicate any matter to the House, he shall rise and respectfully address himself to "Mr. Speaker,' 5 confining his remarks to the subject before the House, and avoiding personal reflections. 10. If any member in debate trangress the rules of the House, the Speaker shall, or any member may, through the Speaker, call him to order ; the member so called to order, shall immediately sit down, unless permitted to explain ; the house shall, if appealed to, de- cide on the case, but without debate ; if there be no appeal, the decision of the Speaker shall be submitted to, and if the case require it, the member so called to order, shall be liable to the censure of the House. 11. No member shall speak more than 76 RULES. twice to the same question, without leave of the House. Of Debate. 12. No member when speaking, shall be interrupted, except by a call to order by the Speaker, or by a member through the Speak- er, or by a member to explain, or by a mo- tion for the previous question ; nor shall any member be referred to by name in debate, unless for a transgression of the rules of tho House* and then by the Speaker only. 13. A member presenting a petition, or other paper to the chair, shall state only the general purport of it. The name of every member presenting a petition or other paper, or making a motion, shall be entered on tho journal Of Motions. 14. Alt motions made and seconded shall be repeated by the Speaker, who shall put the question distinctly in the following form, viz. "As many as are of opinion, (as the ques- tion maybe) say Jlye." And after the affirmative is expressed, li as many as are of the contrary opinion, say JVb. " RULES. 77 But the Speaker or any member may call for a division of the House, when the Speaker shall again put the question distinctly and in the following manner, viz. Jls many as are in the affirmative 'will rise ; and when he has announced the number in the affirmative, he shall put the opposite side of the question. Jls many as are in the negative will rise. 1 5. If the Speaker or any two members re- quire it, a motion made shall be written. It may be withdrawn by the mover and seconder before amendment, or decision, and if withdrawn, the proceedings had thereon shall be expunged from the journal. 16. Any member may call for the di- vision of a question, which shall be divided, if it comprehends questions so distinct, that one being taken away, the rest may stand entire for the decision of the house ; a motion to strike out and insert shall be deemed indivisi- ble. But a motion to strike out bt Tuesday of December. It is cusiomar. open the session in the a fit-moon of that day, usually about 3 o'clock. Those meml> who arrive first at the seat of government, select such seats as they are best pic;; with. And this right is so well settled, that no one pretends to question it. No per is allowed to take a seat by proxy, mile- be a member from a county, who can take seats for the whole delegation of his county. This is done by taking \- ion of the. k of the respective desks seh < ted. In the Senate, \sherc the body is so small, when- the members arc elected for four years. \sln r only on- fourth vacate their seats annually, and \\lnrr a portion of that fourth i^ not mi- XEGISLATIVE MANUAL. 105 frequently re- elected, little or no difficulty occurs in obtaining scats. The Rule how- ever is, that new members can take, if they arrive at Harrisburg sufficiently soon, any of the scats vacated by the fourth whose time expires, although some of them may be re- elected, and would like to retain their old lo- cation in the Senate. But as the members of a small body are always courteous to each other, no misunderstanding is likely to take place among the Senators, particularly as they have to remain together for four years, they avoid every thing that would cause un- pleasant feelings, or engender personal dis- likes. In the House of Representatives, in the bus- tle of one hundred members, these matters arc not so nicely weighed. Every man is exceedingly diligent in getting what he con- siders the best seat in the house. The individuals elected, having'takcn their seats, and the secretary of the commonwealth having handed the returns to the clerk, who is seated in front of the Speaker's chair, some one of the old members rises, and remarks : "As this is the day assigned by the consti- tution, for the meeting of the General Assem- 106 LEGISLATIVE MAM'AL. bly, I move, that the clerk open and read the returns of the members elected from t.r city of Philadelphia, and the several counties of this commonwealth." This motion being seconded, the clerk states the motion, and asks, fck Will the House agree to the motion?" which being decided in the affirmative, the clerk says: "It is agreed to;' 5 and then opens and reads the returns, commencing with the city of Philadelphia. Having gone through, he calls over the names of the mem- bers present, in alphabetical order He then announces the number present: some one of the Representatives then moves, that the members proceed to the choice of a Speaker. This is done in pursuance of the XI. section, first arti- cle, which declares each House shall choose I its Speaker. As soon as this motion is seconded, the clerk rises, and after stating the motion, asks: "Will the members pre- sent proceed to the choice of a Speaker ?" Which being agreed to, he calls over the names of the members, who, in voting, pro- nounce aloud the name of the person they wish elected Speaker, pursuant to the 2nd section of the 3d article of the constitution, which declares, that "all elections shall be LEGISLATIVE MANUAL. 107 by ballot, except tbose by persons in tbeir Representative capacities, who shall vote viva voce." It requires a majority of all the votes of the members present in favour of any candi- date to elect him. Should there not, there- fore, be a majority of votes for one candidate, a second, third, and fourth vote, and so on, will be taken until a choice is made. 'In the Senate, in the year 1814, a number of votings took place between two candidates, viz. Isaac Weaver and P. C. Lane : neither of the candidates could obtain a majority of the whole number present: and as both the candidates had given their votes to the Hon. John Tod, who had formerly been Speaker of the House of Representatives, the Sena- tors finally turned their attention to that gen- tleman, and elected him on the third day of the session. The clerk having taken down the votes for Speaker, and having counted them, announces that "Mr. having votes, being a majority of the votes of the gentlemen present, is elected Speaker. " This gentleman then takes the chair, and makes the necessary acknowledgment for 108 LEGISLATIVE MANUAL. the honour conferred on him. He now asks the House to name a member to adminis- ter to him the requisite qualifications. This is invariably declined; and he is requested to name a member himself. He then calls some experienced member, who standing in front of the speaker's desk, administers the oath of office in the following form : " You do swear, that you will support the Constitution of the United States ; so help you God." " You do also swear, that you will support the Constitution of the State of Pennsylvania, and that you will discharge your duty as Speaker and member of the House of Repre- sentatives, with fidelity; so help you God." If the Speaker swear by the uplifted hand " You do swear by Almighty God, the searcher of all hearts, that you will support the constitution of the'United States, and that as you shall answer to God at the great day." " You do also swear by Almighty God, the searcher of all hearts, that you will perform your duty as speaker and member of the House of Representatives with fidelity, and that, as you shall answer to God at the great day," LEGISLATIVE MANUAL, 109 If he affirm: "You most solemnly, sincerely and truly declare and affirm, that you will sup- port the Constitution of the United States." "You also most solemnly, sincerely, and truly declare and affirm, that you will support ihe Constitution of the State, and discharge your duty as Speaker and Member of the House of Representatives with fidelity/' The Speaker, having been duly qualified, signs his name to a copy of the oath or af- firmation he has just taken, in a book kept for that purpose. He then requests the members to step forward, in front of the Speaker's desk, as their names are called in alphabeti- cal order, and take their qualification of office, and sign the same. " Those who swear by the book will please to step forward first." Those who swear by the uplifted hand arc afterwards called upon. Those who affirm are called last. This order depends upon the pleasure of the Speaker, who may vary it, if he thinks proper. The House being thus organized, a motion is made in the following words, by a member rising from his seat and standing up in his place: "Mr. Speaker, I move that a com- mittee be appointed to inform the Senate, 110 LEGISLATIVE MVM that the House of Representatives is 01 and ready to proceed to hiisine^." The m< being seconded, the Speak- 3 ii, and ris- ing from the chair, puts it as follows: "As ma- ny as are in favour of the motion \villsay A\e.' % Having paused a moment, he reverses it bj saying * 'As many as are against it will say No." As this motion uniformly carries, tin* Speaker sometimes puts the question thus: "Will the House agree to the motion?" which being determined in the affirmative, he an- nounces that " it is agreed to." He then "Of what number shall the committee con- ' The answer is -Tuo." The Speaker then observes, "two has been named: no other number having been named, the com- mittee will consist of two." The Speak -r then names the committee "the committee A. B. and C. D." In making up this committee, the gentleman ottering the motion is always first named upon it. The. two gentlemen thus appointed, immediate- pair to the bar of the Senate cham- -vliere they find tho sergcant-at-arms of that body ; who being notified that tlie\ a committee from the other House, rises and addresses the Speaker of the Senate, as fol- LEGISLATIVE MAXUAL. Ill lows. " A committee from the House of Re- presentatives." The Speaker of the Senate rises from las seat, as soon as the sergeant-at- arms announces the committee, and addresses the Senate in the same language: " A com- mittee from the House of Representatives." The committee now step some three or four paces NY i thin the har of the Senate, and the first named member addresses the Speaker, \vho continues standing during the ceremony, ?.s follows: "Mr. Speaker, we have been ap- pointed a committee by the House of Repre- sentatives to inform the Senate, that the House of Representatives is organized, and ready to proceed to business." Thecommit- tec then withdraw, and the Speaker resumes his seat. The committee return to the h use, and take their seals. The chairman, if lie discovers that there is no business before the house, rising in his place, makes report as follows: "Mr. Speaker, the committee' ap- pointed to inform the Senate, that the House of Representatives is organized, and ready to proceed to business. Report, that they h;< discharged that duty." The Speaker repeats I heir IT port. A similar committee is appointed by the 112 LEGISLATIVE MANUAL. Senate, who wait upon the House, are re- ceived in the same manner, and make re- port to the Senate. It is proper here to adopt the following motion: Resolved, That a com- mittee be appointed to prepare and report a system of rules and regulations for the go- vernment of the House, and until such report is made and approved, that the Rules of the last House be adopted. This is done in obe- dience to the 13th section of the first article of the constitution, which vests each House with power to determine upon its own rules of proceeding. The following resolution is usually present- ed on the same afternoon, by a member rising and announcing as follows: "Mr. Speaker. I offer the following resolution.' 5 He then reads it: Resolved, that the members of this House, the clerks, sergeant-at-arms, and door keeper, each be furnished, during the present session, with two daily newspapers, or as many papers as shall be equivalent thereto in price, and that the expenses thereof be paid out of the contingent fund/' As soon as the member shall have read his resolution, he walks up in front of the Speaker, and politely hands it to him: who says ''the following LEGISLATIVE MANUAL. 113 resolution lias been moved and seconded," and hands it to the clerk who reads it aloud. As soon as he has gone through the reading of it, the Speaker asks, " What order will the house take upon this resolution? 55 The mover, if he is anxious to dispose of it immediately, says, " I move the house proceed to the second read- ing and consideration of the resolution." Some member seconds the motion ; the Speaker rises and states it, and puts the question "As many as are in favour of proceeding will say Aye." "The contrary opinion will say No.' 5 "The ayes have it, it is agreed to.' 5 The Speaker says, " The resolution will be again read.' 5 The clerk reads the resolution. The Speaker then says: "The resolution is before the house," and after a momentary delay, if no objections arc made, asks, "Is the house ready for the question? 55 and being answered in the affirmative, he rises and puts the question as follows: "As many as are in favour of the passage of the resolution will say Aye. 55 " The contrary opinion will say No.' 5 If the Speaker from the sound of the voices, thinks the ayes have it, he will say, "The ayes appear to have it." If no one question Ins judgment, he then says, "the ayes have 114 .LEGISLATIVE MANUAL. it." If, however, any one doubts, he calls for a division, when the Speaker states, "A division is called for;" and rising says, "As many as are in favour of the resolution, will show their assent by rising.' 9 The Speak- er then counts the persons standing up, and usually commences on his right: and having ascertained the number, he says, "forty-five ayes," supposing that number to have been up. The Speaker then says, "The gentle- men will please take their seats, " He then says, "As many as are opposed to the passage of the resolution will show their dis- sent by rising." He counts those in the nega- tive in the same way, and says, "forty-two noes," or any other number as the case may be. If at this time, before the decision has been pronounced by the Speaker, the yeas and nays should be required by any two members, in pursuance of the 1st art. of the constitu- tion, sec. 14, the Speaker takes his scat, and directs the clerks to call over the names of the members. Having performed this duty, the two clerks compare their tallies, and hand the vote to the Speaker, who rises and says : "The clerks report, that they agree in their tallies, and that on agreeing to the passage, LEGISLATIVE MANUAL. 115 of the said resolution, the yeas are 45, nays 44. " "The Resolution is therefore agreed to." I have thus gone through, step hy step, the questions that usually occur in the adop- tion of a resolution. It is then the practice to "move, that when the House adjourns, it adjourns till to-mor- row morning at 10 o'clock, and that that be the standing hour of meeting until other- wise ordered ;" which being agreed to, on motion the House adjourns. In the case of a motion, it will be perceived, that the question is taken upon the proposition at once. It does not go through a second reading, as in the case of a resolution. Of the Duties of the Speaker. Rule 1. He shall take the chair at the hour to which the House shall have adjourned, and immediately call the members to order, and on the appearance of a quorum, shall cause the journal of the preceding day to be read, which may then be corrected by the House. The Speaker of each House having re- sumed his chair, at the hour to which their respective Houses stood adjourned, says, 116 LEGISLATIVE MANUAL* "The House will come to order." The members take their seats ; he then casts his eye round the chamber to ascertain whether there is a quorum of members present ; and having satisfied himself of the presence of a quorum, he announces, "There is a quorum of members present The Clerk will read the journal of yesterday." The Clerk rises, and reads the proceedings of the former day. As soon as the journal has been read by the Clerk, it is in order to correct any errors, or supply any omissions that may appear upon the proceedings. Errors seldom, if ever oc- cur, as the Clerks are gentlemen admirably qualified for their stations. An intelligent and industrious Clerk can- not be too highly prized by a legislative body. He expedites the proceedings of the Assembly, saves members immense trouble, is of great service to a newly elected Speaker, and by a quickness of apprehension, in taking down amendments, or moulding suggestions made by members into a proper shape to be intro- duced as alterations into bills, which are un- der discussion, greatly economizes the time of the House. LEGISLATIVE MANUAL. 117 Rule 2. He shall preserve order and deco- rum, and in debate shall prevent personal re- flections, and confine members to the question under discussion. When two or more mem- bers rise at the same time, he shall name the one entitled to the floor. It is always in the power of the Speaker to prevent, to a very great extent, personal re- flections, by promptly, yet in a decorous man- ner, informing a member, that he is out of order, and that such remarks cannot be to- lerated. The great error consists in allow- ing the member to proceed too far, before he is checked, and then the gentleman, to whom the remarks were intended to appty, demands it as a right to be heard. Mr. Speaker should stop, without delay, the first indica- tion that may be evinced of the sort alluded to. By such conduct he saves the time and preserves the dignity of the House, while he manifests his qualifications to preside over its deliberations. If it is understood, that the Speaker will enforce this part of his duty, the most delicate while it is the most impor- tant, members will be cautious in stepping across the threshold of propriety. The Speak- er will always find himself sustained by the H8 LEGISLATIVE MANUAL. House, if lie enforce the rules "without fear, favour or affection." Rule 3. He shall decide questions of order. An appeal from his decision may be made by two members ; or the Speaker may, in the first instance, submit the question to the House. On questions of order there shall be no de- bate, except on an appeal from the decision of the Speaker, or on a reference of a question by him to the house, when no member shall speak more than once, unless by leave of the house ; all decisions upon questions of order shall be noted by the clerk, and placed at the end of the journal of each session, with a reference to the decision as stated in the jour- nal. The Speaker should always decide ques- tions of order himself. He is selected for his experience in Legislative business, and ought not therefore to put aside a question to be de- cided in the first instance by the House. The great probability will be, that he will decide correctly and save a considerable time, which would otherwise be lost in useless debate. And what takes a great share of weight from a decision by the House is, that usually a ma- jority of the House is composed of new mem- LEGISLATIVE MANUAL. 119 hers, who are therefore for the Jirst time called upon to settle a point of order a matter to which they are almost total stran- gers And as there is a praiseworthy dis- position to support the chair, it is most probahle that its decision will pass unques- tioned. But if the Speaker submits the ques- tion to the house primarily, he admits that he is not master of it, and thus puts a subject afloat, for a tedious discussion, that will not be more likely to be decided correctly by them than if he had decided it himself; be- sides which, calling upon the house to decide, on points of order, begets a distrust in his judgment, and tends to encourage appeals, when he may decide what he feels confident is right. It is to the advantage of the house, as well as the speaker, that he should be con- sidered well skilled in his duties and need not be instructed. Rule 4. While the Speaker is putting a question or addressing the house, none shall walk out of, or across the house, nor in such case, or when a member is speaking, shall entertain private discourse, nor while a mem- ber is speaking, shall pass between him and the chair. 120 i>i; M i It i 'lii'gb :mno\ ing to be iuten uptrd by persons walking in and out oi' the lion while the Speaker is putting the (JIM stinn, or a member is addressing the Hot: Rule 5. The Speaker shall appoint the mem- bers of standing and select committee.,, uni otherwise ordered by the IIou Rule 6. Acts, add r iid joint resolutions shall be signed by the Speaker, and \\rits, rrants and subpoenas, issued by the Hoi ill be signed by him, and attested by the Clerk. This is a rule lately introduced into the le oi' regulations of the House. I remember, when Speaker of the House of H< ita- tives, I looked into my authority to sign bills, as there existed no act of the Legislature upon the subject. I found it was sanctioned by torn before I held the station of Speaker, ami of course signed the several enactments of the Legislature, while 1 \\as the pr ding ollicer of the Ilou^e of llepresenlal i\ Jn looking into the rules adopted immediate!} the framing of our State Constitution, I find the following, offered by Mr. (iallatm, 1 by Mr. Kv: LEGISLATIVE MANUAL. Resolved, That when hills are engrossed, they shall be examined and compared with the transcribed hills, as passed in the two Houses, and the errors that may he discovered in the engrossed hills, corrected in each House re- spectively in such manner as each House respectively may think fit. 2. Resolved, That after a bill shall be thus examined and compared in the House in which such bill shall have originated, it shall be signed by the Speaker of that House and trans- mitted by the clerk to the other House, where it shall likewise, after examination, be signed by the Speaker, and returned by the Clerk to the House in which the bill shall have ori- ginated. 3. Resolved, That after a bill shall have been thus signed and returned to the House where it shall have originated, it shall be pre- sented by the committee appointed by such House to the Governor for his approbation, it being first endorsed, certifying in which House the same did originate. The said committee shall report the day of presentation to the Governor, which time shall be entered on the journal of the House. 4. Resolved, That all orders, resolutions LEGISLATIVE VL. and which arc to be presented to the Governor far his appr , shall aNo in the same mant: nu- ined Jind signed, and shall be presented in the same manner as is provided ibr in the bills. Of Signing Bills. The practice of signing bills has grown out of these resolves, and although they have not been transcribed into the body of rules, they have produced tl: they had ii annually adopted by the two Houses of the. Lt'i^Matiiiv. Rule 7. He shall Inuen il direction of the hall. He may name a member to perform the duties of tin chair, but su< itution shall not extend beyond an adjournment. This is copied from the rules of Congr and will douli found \er\ hi KM !i< ial in . In c; -idispo- MHI, busine not be interni[)tel, ;is by this rule lie tute a m< mbrr for a morning or an afternoon, the rule reijuiring a i 'Tier e\ iournment, LEGISLATIVE MANUAL. 123 Of the Order of Business. Rule 8. After the reading of the journal, the order of business shall be as follows: 1st. Letters, petitions, memorials, remon- strances, and accompanying documents, may be presented and referred. The minutes having been read, and if erro- neous, corrected, the Speaker announces, "It is now in order for letters, petitions, memo- rials, remonstrances and accompanying docu- ments to be presented and referred." As soon as the Speaker has stated that petitions are in order, gentlemen rise in their places, and whoever meets the Speaker's eye first, obtains the preference: he states, "Mr, , from the county of Erie, will proceed." The mem- ber commences: "Mr. Speaker, I have been requested to present a memorial signed by a number of the inhabitants of this common- wealth, residing in the counties of Erie, Crawford, Mercer, Warren and Venango, praying for the establishment of a Bank to IK- located at Meadvillc, in the county of Craw- ford, to be called the Hunk of Crawford." Having given this succinct account of his petition, he walks up to the Speaker, hands 1^4 LEGISLATIVE M\M'AL. it to him, and returns to his place. The Speaker rises to receive the memorial, and holding it in his hand says: "A memorial has been presented, signed by a number of the inhabitants of Erie, Crawford, &c. re- prating the counties the purport of which lias been stated by the member who presented it. 5 ' "It will be referred to the committee on Banks." If, however, the memorial had prayed for the division of a county, there be- ing no standing committee upon the "division of counties,' 5 as in the case of "Banks ;' 5 the Speaker, after having remarked, that "The purport of the memorial had been stated by the gentleman who presented it," would have asked "What order will the House take upon the memorial? 7 ' The member present- it will say : "Mr. Speaker, I move it be referred to a special committee. 55 If seconded, the Speaker then says : "It has been i.-.ovcd and uled, that the memorial just pre- rred to a committee will the Ho ce to the motion?" There being no nhj- the Speaker says : "It is agreed H<* then asks, "Of what number shall The member says : *'I is named, and the Speaker XEGISLATIVE MANUAL, lv-5 says, " as there arc no objections to thai num- ber, the committee will consist of three. The committee are Messrs. A. B. C. 5> Suppose a member had, on a former day, presented a petition, and to-day wished to present a document to support the prayer of that petition. He merely rises, and says, "Mr. Speaker, I present a document in sup- port of the claim of an old soldier ; his pe- tition lias been referred to the committee on claims. 5 ' The member hands it to the Speak- er, in the same manner as if it were a peti- tion. And the Speaker repeats, " a document has been presented, in support of the claim of an old soldier It will be referred to the committee on claims." Letters arc usually sent under cover to the Speaker. He announces them as follows: " A letter addressed to the Speaker, signed *A. B. 5 it will be read, 55 and hands it to the clerk, who reads it. As soon as read, if it refers to a subject committed to a staging committee: the Speaker says: "It will be referred to the committee intrusted with that subject." If it is a special subject, and no motion is made to refer it, he says, " It will be laid on the table." 126 i.rc.i^vTivr. MVMAL. Knle*. Oi of unlinMied ! lea\e of al and h -Iraw } md do( i : : and mo- tions to appoint additional inc. >in- miltees may be in. Original Resolutions. As to offering an original resolution, see the proceedings upon the resolution relative to the, furnishing of newspapers to inemhers of the House, page 1 12, Items 1$ 1'ufniihed Business. Items of unfinished hu-in disposed of in the following manner. Some subject of illation lias been ])artially acied upon at a former session, but for want of time or ther cause, was not finally di of. A member from a county interested in this matter finds, that on page 441, on the jour- nals of the House, tin :nainrd unfin- ished. He therefore s;i>s: "Mr. Speaker I mo\ e that an item of unfinished business to be found upon page -111, of ihe journals of the HOUM-, relative to making an appropria- tion, to im; n Ilarrisburg LEGISLATIVE MAM AL. 127 and the borough of York, be referred to a com- mittee." The Speaker asks, if the motion is seconded, and if answered in the affirmative, puts the question: " Will the House agree to refer the item to a committee?" No one ob- jecting, he says: "It is agreed to; the com- mittee are Messrs. A. B. C," always putting the mover first: for he is presumed to under- stand the subject. Sometimes 20 or 30 items are referred in a morning, and an expert Speaker will not always look to the page of the Journal ; but recollecting what is the nature of the item, refers it, without delaying the House, by looking either for the item or the page. Leave of Absence. The following is the mode of asking leave of absence: "Mr. Speaker, I have b* quested to ask leave of absence for Mr. , of the county of , for a few days, from to-day." Sometimes he asks leave of absence for himself. The Speaker, rising, says,- Mr. , from the county of , asks leave of absence for his colleague, Mr. , for a few days, from to-day. Shall the gen- tleman have leave > If the motion is agreed to, he says, Mr. has leave. LEGISLATIVE MANUAL WitM A member \\ishii! \ !raw a , and doruineii 1 I have I)- -on and documents of , an old soldier."* Mr. Speaker then says: "Mr. , from nty of , asks leave, it ; and if it is agreed to, immediately luunc.s the two additional memlx 7*Y;;jr/s of Committees. The Speaker "Ueports of commit- now in or Reports of committees may be nun': I'Yom standing ronu. il From LKCilSLATlVE MANUAL. 129 Reports are made as follows : "The committee on claims report, That having duly considered the vouchers produced in favour of the claims of to a pension, they are fully satisfied that he docs not come -within the class of persons the state has here- tofore granted relief to. They therefore offer the following: Resolved, That the petitioner have leave to withdraw his petition and documents." If the memher who presented the petition upon which the committee here report, wishes for a few days delay, the chairman of the committee, when the Speaker asks what order shall he taken upon the resolution, says, "lie on the table." The Speaker then says, "it will be laid on the table." But if no delay should be asked, the chairman of the commit- tee, of claims will move, "that the House pro- ceed to the second reading and consideration of the resolution attached to the report" And the Speaker puts the question, and the pro- ceedings are the same as in the >f the newspaper resolutions, page 112. If the com- mittee of claims however, should have come to the conclusion that the applicant was en- titled to a pension, the chairman would have 130 J.ATIVE \L. made tlio following re-port : Mr. Sp the commr whom w:is referred tiic tiiion and dorumi , a r< -\ olntionary soldier pra\ing for relief, report ;i bill, cnti- tlen of the ad- ministrators of John Jn lirifmg power -k lea\e to re| hy hill." The. Spcakrr then "The rommitlee menlioned by the gentleman in his ]>];: \r to re]':rl hy bill. Shall the. < omin; \c leave. )J T! ver him in 'i-mative. The Speaker says : " '1 nieinher h; and makes the iollov, ing report : "M r. On 1, u'ji, I report a bill, t-niith-d LC udiiiii LEGISLATIVE MANUAL. 1S1 Jones to sell certain real estate." He hands it to the Speaker, who states to the House, "The committee mentioned by the member in his place, on leave given, report a bill," re- peating the title. He hands the bill to the Clerk, who puts its proper number upon it, as all private bills take order according to their number, which is marked at the time of their presentation to the House. I have often thought, it would be as well to allow all committees to report without putting the chairman to the trouble of "asking leave," or the Speaker to the necessity of submitting so many questions to the House. To avoid in some measure, the inconvenience of put- ting separate motions for leave, it frequently happens, in the commencement of the s sion, that when a member moves that a petition of a special character should be re- ferred to a committee, he adds the following words, " with leave to report by bill or other- wise." When this is the case, select or spe- cial committees report as if they v* nd- ing committees, leave i;a\ing been granted them to do so, at the time of their appoint- ment. Where, however, a select committee has agreed to report without a bill, for in- 132 M I M t t!u ]) jimtted their cl ihey do so iritlnntt (i skint* leu To ii report. a r< attach eiti. mum-riding th. discharged from the I'm" tion of i that the commit!' 1 to bring in a bill in conformity to prayer of the petition. In i i isc, aft soon as the Clerk has read the report and re- solution, the Speaker asks, "What order \\ill the House take upon the resolution attached to repor For further j. .s on olution- on the resolution ted \\ ith the report ol imfiUet elainis. ll i^, therefore, the resolution (I upon, and not 'omrtimeB, however, \vhen a committee may wish to place their } n;)on some matter- submitted t> them, u|)on the Jom-nal, and vet lca\e the House little or nothing to act upon, they ap- pend a resolution of this kind : That the barged from the further con- rat ion of the subj \ ote for or again u a resolution, by no means affords any just conception of the reasons of a inem : for the wliolc tfausc ma\ -Hi'^ t( > discharge the com- U'r.ISl ATiVi; XI AM' At. mittee, and yet not for reasons contained in this report. To meet this difficulty, a mem- ber usually prepares what he calls a substitute, containing the reasonings of the opposition to the report, and ending with a resolution ; and when the question comes before the House, h- maki- the following motion: "Mr. Speak- er, I move that the resolution, together with the report, (on the subject, stating it) be post- poned, for the purpose of introducing the fol- lowing, as a substitute ;" which motion, if seconded, the Speaker states, and by this pcdicnt the substitute is placed upon the jour- nals with the original report; and lie thus obtains a vote thereon, expressive of the wish of the House. Pcport$ of Committees Amended. During the session of 1SC3-U a report was made upon an item of the governor's n relative to the choosing of g of IV dent and Vico-rresident of the I 'nitrd Sta' The report was accompanied by a resolution requesting that the committee might be dis- charged from the further consideration of the subject Many of th;* members said, that the report was not such an one as ought to be i.r. adop ISC. That it Was drawn up \vitli the vii IK us in. On pa . \\r \\\\(\, on motion l 11. Smith and Mr. J. .the ho:, mied moderation of ill- (I to the report oi'the coiuini' ing the time and place ol i ot tin- tors of President and Vicr I 'resident of the United States, postponed on the iilih instant ; \vhcn a motion \vjis made b) Mr. Todd and Mr. Ilolgate, That the hou.s whole !' purpose oi' "amending ill- o that it \\iil contain no c\\ -r or a^ainM -i .onalor aucus; 1 ' and on 5 to the question, nays 26. So it \vas determined in the aflir- inativc. T, . the h >! \rditnlf into committre ol' the \\holr, and tin- (hair- man rcjxirtcd tin- same \\ i' ient. \\ hereupon tlie li-.. second reading of til ;K hrd \ rt-d and adopted. And n. \ Mr. N- ( I ^ir. ii<>: to ;un> n I tli lie word public" in ipun the h'p ol' . . LEGISLATIVE MANUAL. 133 the 4tli page these words: "to maintain this principle seems to become a serious duty, whether it be assailed directly and openly or by implication, and firmly to adhere to the example set by those who have gone before." These were the words that had been stricken out in committee of the whole. See the whole report, 339. I have gone somewhat into a detail upon this question, to show, that here the Legislature allowed the report to be amended in commit- tee, and no objections were made as to Mr. Norbury's motion being out of order to amend the report when it was before the House on a ontl reading. In this instance, therefore, the report was reached without introducing a substitute, and will be a very good mode of correcting reports hereafter: for in this < the report was every thing, the resolution no- tiling to pass upon the resolution was there- fore a subject of no importance. Indeed I can see no good reason \\liy a report to \\hich a resolution is attached, should not be sub- ject to amendment or correction in the same manner as preambles to bills. 4. Bills on third muling. VI.. 5. i , . On J,uiu;ir\ tin- rib, tli- 18, Mr. Kl ,\ Mr. \\ (rikrn, mo\cd. th -lay on tb ing the LEC.ISI.ATIVK MANUAL. 137 inhabitants of the city of Lancaster to raise money by way of lottery," &c. The mover and seconder, having waited till the Speaker announced the proper time for motions of re- consideration, and having brought themselves within the 19th rule, which provides that "no motion for reconsideration shall be per- mitted, unless made and seconded by members in the majority on the vote on the original question, and within six days, exclusive of Sundays." After the decision, the Speaker states: "It has been moved and seconded to reconsider the vote given on the 6th instant, relative to granting a lottery for the intro- duction of water into the city of Lancaster," "As many as are hi favour of reconsidera- tion will say Aye. The contrary will No. The ayes have it. The reconsideration is agreed to." And the question recurring : Will the house agree to the resolution:' a motion was made that the house adjourn, which was agreed to. This motion for adjournment was rer< ived in pursuance of the 18th rule, which prescribes that * k a motion for adjournment shall aln'tiijs bti in order, and shall be decided \\ithout de- bate, except that it cannot be rutivcd when 138 LP,' VL. the house n^ on another question, nor while a member is addressing the house. ]>; 167: " The house ; resumed the consideration of the resolution relative to the Lancaster lot- tery which was pending when the house ad journed on the 7th inst. after which, (page 168) a motion was made by Mr. Haincs and Mr. Baker, to postpone the further conside- ration of the same until Thursday next which was agreed to. Page 180, Ike consideration of the resolution postponed on the lOtli inst. relative to the Lancaster lottery was resumed : and on the question, * Will the house agree to the resolution/ the yeas were 43, nays 41; so the motion was determined in the ailirma- tive." I have traced this resolution, from the first vote, when it was negatived, till its reconsi- deration and final adoption, that it may be illustrated by example, suih'cicntly striking to impress it upon the recollection of the reader. I have known many instances, where motions have been made to proceed to the considera- tion of a resolution, laid on tiic table on some previous day, and the House have refused to proceed. When this happens, persons inter- ested in the resolution, are not precluded, on LEGISLATIVE MANUAL. 139 some other day, making another motion to take up this resolution. Nor can he be pre- vented from making the motion every day, at the time when his motion is order, until the House has taken up his resolution and finally disposed of it, hy cither voting for or against it. If a memher however, discovers that there is a decided majority against his resolution, he usually contents himself by making one de- cided effort to get it up, and if he feels anx- ious to show how he voted on the subject, and that he used his best exertions to carry it, and fells, he calls the yeas and nays and records his vote in favour of taking it up. Of Bills. 1st, those in which the house has made pro- gress on a second reading. 2nd, those reported by a committee of the whole. 3rd, those in which the committee of the whole has made progress and has leave to nit again. 4th, bills not yet considered in committee of the whole, shall be taken up. Every bill has a title, and one or more sections, and sometimes a preamble. Knl? i>o. Every i.iil riiall ill the Ho:i-e, the t \\ o I: of \shich shall ho at length, pr. its pas ut no bill shall bo road t\\i< o in 10 (!a\ : and all bills and joint r< :i^, al'tor t! reading *hall bo prin the use of the inoinbors, unless others 'IM- or- dorod by the House, and shall ho ivad in connnittcc of the \\holo : jiublic bills shall made the order of a, ])articular day, and shall, \vhcn called Tor, ha\o tho jiroloi TJK -o of jjri- vato bills, which shall bo taken up according to their seniority. .ninu; iVoin tin- datr of thoir introduction into the House, and \\ben an\ bill shall be prr-i-nird IVoin the Senate for concui-ronce, the Speaker shall determine, or the House may order upon the printing tho, no, anil direct accordingly. ]{ulc 24. >Vhon the House resolve.-, itsrlf into a committee of the. \\hole, the Speaker shall appoint a chairman, unless other\\ ordered by the 1I<. Huh- ,i.\ The rules and j>: $ ob- 86r\od in the House, shall be observed as far as they ai ^blc in coinmittee of i \\1, uia\ j.. tu. on the iiiibjett : nor can a, XEGISLAT1YE, MANUAL. 141 motion for the previous question be made therein. Public hills are such as are general in their operations, and relate to the whole state. Private bills are local in their nature, and are such as are limited in their provisions to particular counties or districts. The Speaker most generally determines whether a bill is public or private ; yet the House may deter- mine a bill to be of either description, not- withstanding his opinion may be to the con- trary. The Speaker, therefore, on a bill being presented by the Clerk of the other House, or by a committee of the House of Representatives, will say, after reading the title, " tliis is a public bill," and asks: " What day will the House assign for its second read- ing and consideration?" A day is commonly mentioned by a member or the committee having the care of it : and if no objections are made to that day, the Speaker asks ; "' Shall the bill be mi order for that day:'' which being agreed to, lie says: It .. ill Ijt> in order for that day." The Clerk marks the day on the bill. Private bills the Speaker hands to the Clerk, and lie gives them thlvi Itself ii vholr, u|>on the hill, and a^ soon a- tin- chair- man ha- tak n the chair, to -et the committee lea\e ' again, and ,\ill b< for the commit! ill. On that day the hill is an ord- Su; i appointed '! the following bill. No. 1. IJUHSLATIVli MANUAL. 143 titled "An act to incorporate the Penn- sylvania infirmary tor diseases of the eye ami ear." At the time this bill is presented to the Speaker, by the chairman of the com- mittee, he states that " the committee for that purpose appointed report bill No. 1." (re- peating the title.) The reading of the title is the first reading of the bill. This is 80 well settled a practice in the Pennsylvania Legislature, that if a member should require the clerk to read the body of the bill at the time it was reported, he would be considered as uselessly wasting the time of the House. The bill being handed to the clerk, he imme- diately numbers and sends it to be printed. As soon as printed it is returned to the House, and without delay placed upon the file of bills. lla\ing thus disposed of all the preceding matters, and bill No. 1. being now in order, the Speaker, opening his file of bills, says, "The next business in order is the considera- tion of bill No. I. entitled," &c. reading the title. Having gone through the title, he says, "As many as are in ia\ our of proceeding to the consideration of the bill, will say a\ e," und re- versing the question, he says "as many as are opposed to it will say no/' It* the ayes have it, 144 5 V i 1TE MAM*AL. he will > " He then calls our of the n ir, by saving, "Mr. \\i\l pin. chair/' Mr. immediately 1 ,u, carrying with him his file of hills, and \\alks up to the Speaker's desk, and as Mr. ascending the stops on one side of the chair, Mr. Speaker is descending the steps en tin* other side : and having politely i other, the chairman takes the vac ant chair, and the Speaker retires to tin member called to officiate as chairman, or any other vacant seat The chairman, he'mg thu -sed of the Speaker's station he! he taki . reports as follows : i4 Tin 4 committee of the whole have referred to tl. bill No. 1, entitled," reading the title tin -mi out, he then says "the first section \\ill he read." The clerk then stands up in front of the Speaker's desk, now occupied hy the chairman, and reads the i, on. soon as he has finished reading, the chairman sn\ s. >Thei, he fore the committee." This he does sitting. lnd< all qile IN ihe pi-.-sid- ing ollicer sitting. If there are no objections urged against the tection, he asks, "istho 1 K. C.ISLATIYB MANUAL. 145 committee ready for the question?" and be- ing answered in the affirmative, rises and says, "As many as are in favour of the sec- tion will say Aye." "The contrary opinion No." If the ayes have it, he will say, "the section is agreed to." lie then says, " The second section will be read." The clerk reads it in the same manner as the first: and when done, the chairman says, "The second sec- tion is before the committee." If he has dis- covered that there are no objections to the bill, instead of putting the affirmative and negative, he merely asks, "Will the commit- tee agree to the second section?" If the bill has but two sections, as soon as the second section has been read and considered, the chairman states: "The bill is gone through." But if the bill should have a preamble attach- ed to it ; in that case, the preamble must be read, and the question taken on it before the committee rises. The preamble being dis- posed o^ the chairman says, "the committee will rise." The preamble is always read after the sections have been passed. The Speaker then proceeds towards the desk/and as lie n ascending on one side, the chairman retires on the other, and again they how to cadi other. N 146 (.ISLATIVK MAMAL. The Speaker h;iving now resumed his pi. but not having taken 1,. . and the chair iui\ing retired to his own desk, standing in front of it, makes the follow ing report. 'Mr. Speaker, the committee oi' the whole have had under consideration hill No. l, upon the files oi' the House oi' Representative^ en- titled 'An act,' (repeating the title,) and ha\e instructed their chairman to report the hill without amendment" Suppose the bill in question had but one section, and the committee had dNu^n-ed to the section ; then the report would him as follows: *'Mr. Speaker, the commit! the whole have had under consideration hill No. 1, &c. (repeating as in the otln and have instructed their chairman to report the first and only section negati\ed." Suppose there were more than one section, but that all the other sections \\< n dependant upon the passage of the lir-t, and tint >vas negatived : the committee would without going any further than the ili^i tion, and the chairman would report the first Bection negatived. But suppose, instead of agreeing to the 1st and 2d sections of the bill, both sections had LEGISLATIVE MAXUAL. 147 been amended in committee. In that case, the chairman says, he was "instructed to re- port it with amendments." When I became a member of the Legislature in 1814, the practice was to ask if the amendment should be read over, on the bill being reported to the House. The question was always asked, but the reading of the amendments was never agreed to. To get rid of this practice, I offered a resolution, which is now embodied in the rules of the House, and is as follows: Kule%5. Amendments made in committee of the whole, shall not be read by the Speaker on his resuming the chair, unless required by one or more of the members. On the first report being made, that the bill has been agreed to by the committee of the whole without amendments, the Speaker sa "The chairman of the committee of the whole reports without amendments bill No. 1, on the files of the House of Representatives, en- titled'- me m her moves, That the comn pro and ask h-,, The chairman then stales the cjiiestion : if second- ed, and concurred in, the Speaker resume^ chair and the chairman his place in the hon and makes the following report: "Mr. Speak- er The committee of the whole !uue had un- der consideration bill No. 1, upon the files of the House of Kepresentathes, and not having had time to go through the same, have in- structed their chairman to report pi ,md leave to sit again/' The Speaker then ^s: "The committee of the whole have had under consideration bill No. 1, entitled. 8 and not having had time to go through the same, have instructed their chairman so to report and ask leave f> tin" hr then says, "The o,ucstion will he, on granting the committee of the whole l< ,iin." If there appear no objection, he will ask: hall the committee of the whole ha\- to - M .'' when, if agreed t<>. he \> ill say: " At what " the answer ma\ h. morrow," "next Thursday'* or ** this da\ LEGISLATIVE MAM AL. 149 two weeks" or any other day. Tlie Speaker then says: "To-morrow," " next Thursday" and "this day two weeks" "have heen nam- <*d." "The question will l>e on the most distant day." "As many therefore as arc in favour of this day two weeks, will say, Aye. 1 ' "The contrary opinion will say, No." If the ayes have it, he will say so and observe, "The committee of the whole will have leave to sit again on this day two weeks." The clerk marks the day upon the hill, and the journal is made up accordingly. But suppose the object of the members who Kncceeded in getting the committee of the whole tn rise, should be, to get the bill before the :so, and prevent tkc extensive debate, that it was likely to undergo in committee of the whole, wlrcrc a member may speak as often as lie pleases, and consume a number of days in discussion. In that case, when the ques- tion is put by the Speaker, " Shall the com- mittee of the whole have leave to sit again?' they will vote against the committee barn leave; and if they succeed in their opposition and the committee should be refused leave to again, the bill up immediately br- forc the house on a scroucl reading. The re 2 IdO I V I \\ 1. M VM AL. house B of the hill hnnii in a ra^e of emergency, as i:i a rev< 11 or thr like, and tl of tin !|\- ap- proaching. It is m<> >nc Mirther reading of tin' hill till next <: Pago 'Jlo, Journal 20, 21 I fmd the fol- lowing: In the evening the house resumed the se- cond reading of hill No. 234, i-ntith d, a supplement to the ral As^enihly rr-jjcriin;;- auctionfl ;;:id auction- i: >Vhen the Sjc uhinitted the fol- lowing question of order to the decision of the housf. \i/: "Shall the amendments in . in committee of the \vh sit again, and the house having The yeas and nays were required h\ M . Forward and Mr. Good, on thefjn, md arc as folio \\-. \(,is 51, nays r> Mr. Sjieak-r (iilnn. d in the n ti\% and correctly. 15ul lii^ mi . in Imenti niii )iiunitt c. \\ hen the < onnnii ud ]>i * lid not belong ill, as LK(,IS? A ilVJ; MAM'AL. 151 they never had been reported to the House. The bill stood before the house on a second reading in this instance, as if it never had been in committee. What makes this case of still less authority is, that it was decided in the evening, and on a revenue bill, when there seemed to be more anxiety to get the bill through the House, than to adhere to the old land-marks of order. This proceeding took place on the evening of the 25th of March, and the Legislature adjourned on the 3d of April. When the chairman of the committee of the \vhole reports the first section negatived, or the bill negatived, or the like, the Speaker, after repeating that he reports the bill nega- tived, puts this question: "Will the House agree to the report of the committee?" And if it is decided in the affirmative, the bill is lost If the report of the committee should be disagreed to, then the hill comes before the House upon a second reading. This oc- currence seldom takes place. Where the bill has been negatived in the committee, the most ""ordinary practice is, to move to post- pone the question of agreeing to the report of the committee negativing the bill, for the pre- \L. :t : which motion. p disturbed and the hill is in thi-uav thrown out of the further consideration of tlic House. A member may, it i an attempt to reconsider the motion within the si\ days allowed for that purpose; atid if he finds the \ otc nearly balanced, he ma\ ] sibly gain some proselUes to his inter* -t in that time, and may therefore endeavour to h the report of the committee disagreed to, and thus have the hill again before the Hoi; An error that new members are likeh to fall into, is the belief, that the reading in com- mittee of thr \\holc is one of the three read- !itemplated by the rules of the Hoi, They sometimes, also, request the yeas rind nays, which cannot be called in commit: An old member turns all tl. the House to advantage, while a IK r may be his talents, approaches every subject connected with the rules, hesitatin^h. A careful examination of what I here 1 clown for his guidance, \\ill however enable him \\ithout tear to obtain all the adv*. jJting from an intim;t of the lml No i, entitl LK<;f^LATlVK MANUAL. 153 ported, goes over to the next clay, when it comes up for a second reading, in the order which is announced hy the Speaker. I should here remark, that it is in order, if a member thinks proper to propose it, and a majority of the House sustain him, to proceed upon the mil reading of the bill as soon as the Speaker lias gone through the report made by the chairman. This is the practice near the close of the session, when business is crowd- ing upon the consideration of the House.- The time having arrived for the second read- ing on the succeeding day, the Speaker says: 'The business next in order is the second reading and consideration of bill No. 1, upon the files of the House of Representatives/' [reading the title ] The Speaker then sa; "As many as arc in favour of proceeding to the second reading and consideration of bill JSo. 1, will say aye." "The contrary will say no." If the ayes have it, the Speaker says: "It is agreed to. The first section will be read." The Clerk then reads the set lion, as was done in committee of the whole, and the questions arc taken in the same way. Having gone through all the sections, the Speaker then says: The title will be read." 154 i.r \\r.\l,. The Clerk then reads the title. The Spt says: -The title is !>! llnu^e." "Aa man} in favour ol'the thle \vill I "The ontrary opinion \\ill say no." The title being agreed to. the Speaker t!: "This bill has now been read a second time, considered and agreed to : the question \\ill be on transcribing it for a third reading.'' A^ many as are in favour of transcribing the bill for a third reading, >vill say Aye." "The contrary opinion will say No." If a majoi i(\ should be in favour of the bill, the Sp \\ill say: ' The question is agreed :<>. Thr bill Nvill be transcribed lor a third readi On the next morning it \vill come up in its proper nrder: ^h^n 1' ,ker \vill say the next bu^inr^ in oi-der is the third read ing of bill No. 1,'* reading its title. NO ques- is put to know whether the house >\ill 'he i-radirjg of i(: bu' n as the Sjjcaker has rcjid the title to the lmii-r, lie \\i!l say, f j"he < lerk \\ill read the bill ;'' and !onc lr tojh.- end. \\ithout ion being ; n :MI\ of ils During the time the Clerk is read H- tran--< ribcd bill, the Sjiraker is iully examining the printed bill, \\hirh LEGISLATIVE MANUAL. 155 directed to be transcribed by the House on the preceding day, to detect errors, it* any may have been committed in transcribing. If any are discovered, he stops the clerk, and orders them to be corrected. As soon as the bill has been read by the clerk, the Speaker says: "The bill is before the House." " The question will be on its final passage." " Is the Uouse ready for the question?" and being answered in the affirmative, he rises to put the question, and says: "As many as arc in fa- vour of the passage of the bill will say Aye." " The contrary will say, No." If the ayes have it, he will say, "The ayes have it." "The bill passes." He hands it to the clerk, who notes the proceeding, makes the neces- sary endorsements, and as soon as he can conveniently leave the House, passes to the Senate chamber, where the scrgcant-at-aims announces: "The clerk of the House of Re- presentatives." The Speaker repeats: "The clerk of the House of Representatives," rising for that purpose: when the clerk, having ad- vanced a short distance within the bar of the Senate, says "Mr. Speaker, I have been directed to present to the Senate for concur- rence, bill No. 1, entitled," &c. reading the 15C \rm.M\Mvi. till* 1 . and ho I'he Speaker t;iK< .\ith the 1)\ tin 1 entrance of the < h-rk. But if mail amendment ! to be made, or some important omi red. that only ivsjiiiiv tioned. to be rectified. inn- bcrs i . and mn\. it be amended, so as to remove the objection. The ker asks if the motion is seconded, and hiivii red that it is. In It jcen mo\ed and . 1 t > amend the bill in s :, line 4. 5 ' II . This cjuestion must be unanimous^-. d to, as no ;imendments c;m be received on a third reading \\ithout the consent of the \\liole House." lie puts the question: " Will the House agree to the amend ' If no one he says, "The amendment is a.L. The question on the passage of tin \\ill then recur. J5ut it not imlivquenih hajipens, that a \\ hole section \ oh/|ec- !j|e. of many jiarts of the hill, and that the memhei-s are . j oi' making one innre elfurt i ' of tilt? bill in [( tit -h:])e. nml it busing LEGISLATIVE MAXUil. 157 shown that no amendments can be made upon a third reading unless unanimously approved of, an expedient has long been in use of reach- ing the object in another shape: and that is by making a motion that the House resolve itself again into committee of the whole, for the purpose of striking out section two, if that he the only one not approved of; or if the bill is thought to be defective in many points, it is moved that the House resolve itself into committee of the whole for the purpose of " general amendments." And if this motion should succeed, the Speaker calls the former chairman, if present, if not another one, to oiliciate in committee of the whole. And the sections are all read as formerly, and the question taken upon them generally, or such sections as arc not disapproved of need not be read, but only those, where amendments are intended to be offered, or where whole sections are disliked, they arc read, that they may be passed again or rejected by the com- mittee. If the House should, however, go into committee for a special purpose, as, for instance, to strike out tii m. the moment that question is decided, the object of the commitment is at an end, and the commit- o 158 LEf tee must rise. If when the Ijili inmittc ' the commiitee n!' the who .nnend- me: lip- committee rises, anil the chairman "repo: the hil! ./' If amended ports the bill with amendin and if the oiul section should be stricken out, lie "re- ports the bill with one amendmen The question then presents itself again upon the bill as originally before the House, or as amended, and the qiu final {> 50. Having traced the bill into tli- e, i \\ill now show its pp.. ak- er eini. he first opportuih in t ^ disposed of \\lia: :he Hate, of rising and stating, **AbilI, No. i," holding it in his band,) "is pre.M-nu-d roncurrenee from the House of Representa- tives, entitled * An BCt' ; the title.) The bill is then handed to the clerk, \\lrn the prl en printed, t!ie -.11 upon the files of i'hciv are t\\o tiles of hills: the one contain!! :Lr un -n the amendmen 1 A motion is then maii< concur ; ii'this motion i> agreed to, inlorma- tion is immediately carried to the other 1 ,! the House of Representatives concurred in the amendments r.iade ! If, . the i liould he nnwillin concur, and the vote should ha\e hrn concurring, or if the motion had been "to non-concur," and that motion had pr- in that, case, the clerk of the house \\oii! turn the hill \\ith the amendments to the Scn- heing duly announced In tin ,i-at-arms and t! , the < uoul ' k Mr. Sjieaker, 1 l:;i n di- ') iho Senate, that the House Of Jirpivsei. ' lion-conflii-i-eil' in Jiicndinents made hy the . to hill House of Represent at- ." In former times the Houses LEGISLATIVE MANUAL. 163 \jscd to proceed so far as to adhere, but of lato years, it has not been the practice to proceed further than to insist. But, it may so happen that the amendments sent by the Senate, can be so amended by the House of Representa- tives, as to meet the approbation of that body. In such case, the following motion should he made: "Mr. Speaker, I move that the amend- ments made by the Senate to bill No. 1, enti- tled &c. be amended by striking out all that follows the word "four" in the fourth line, to the word "and" in the sixth line in the first amendment of the Senate, and insert the following, (here insert what may be required, ) and also to strike out all that follows the word "ten," in the ninth line of the second amendment of the Senate, to the end of the section. '' The motion being seconded, the Speaker says: " Will the House agree to the amendments:" If agreed to, he says: "The amendments are agreed to." He then asks it* the House will agree to the amendment of the Senate as amended? If it is agreed to, the clerk repairs to the Senate, and informs that body that he is instructed to inform the Sen- ate, that the House have agreed to the amend- ments made to bill No. l, entitled, &c. with 164 an amendment in \vhirh the conciirmi-. the Semite il. If the Senate ^hould concur in the amend- ment made by the House of H ntat'm-s to the amendment by the Senate, the t informs the House of the concurrence. But vJiere the amendments have been non-con- curred in by the House of Representatives, and the information of such non-concurrence ieen given to the Senate, the next step is for some member to move that the Senal i pon their amendments or, that the Sc- rcccdc from their amendments. If the, Senate should, by a majority of \ the Clerk informs the House of the 6 'in* upon their amendments. If, h<>\\- ever, the motion to recede from their amend- ments bad been made, and that motion had ]e\ ailed, the Speaker st -The motion to recede has been agreed to." The Clerk carries the intelligence of the Senate'- having led, and addressi Speaker <>f the Housras follows: <4 Mr. Speaker I lia\e hern din. led 1o inform the House of Krpresenla- . that il: edcd from their 10 bill No. 1, entii i . LEGISLATIVE MANUAL. 163 report. Ilore the bill would be considered as passed by the two houses, and should be hand- ed over to the comparing committee. But if the Senate should not recede, but insist upon their amendments, the bill is returned, and the house is informed of the Senate's having insisted, and that A. B. and C. have been appointed a committee of conference by the Senate. As soon as the Speaker repeats the report of the Clerk of the Senate, a motion is made in the House of Representatives to recede from its non-concurrence in the amendments made by the Senate. If this should be made and fail, or if a motion to recede had not been made, then it is customary to move that a committee of conference be appointed, to con- fer with the committee appointed by the Sen- ate upon the amendments pending between the two houses. As soon as this motion is agreed to, the Speaker appoints a committee, usually three, who must have voted in favour of non-concurring in the amendments. The clerk of the house informs the Senate, that that house has appointed a committee of con- ference to confer with the committee appoint- ed by the Senate. The two committees fix upon a time and place of meeting. There they sn .diiication- ral parlies may think IM-IS, likely to comprom and settle tin* dillirulties. If they cannot agree, they report their disagreement to tl House, and thus the bill is lost. If th< mittces of conference agree on a report, 1h make it separately to each House, and recom- mend that it should he adopted. When both Houses adopt the reports, then the hill handed to the comparing committee. Soin times the Senate concurs in the report made by their committee, and the House refuse to '*'. lion thr report ofthrir commitUv. \Vhm that happens, it i> equivalent to the rejection of the bill. To exemplify the ] .ing in mice to amendments and committees of conference, 1 Lave extn from the Journals of lhc House for K : ! " 987. The ( lerk of the Senate informed the !Ii ii' liep. lives, tiiat the Senate h , An act for I .-ilaiion Milili.i n ' .jmoiiNNeulth," and lendmen LEGISLATIVE MANUAL. 1 G7 to section 38, and striking out section 55: and have appointed Messrs. Hill, Barnard, and Marks, a committee on the part of the Senate, to confer with a committee of the House of Representatives, (if the house should appoint a committee,) on the subject of said amend- ments. A motion was made, when this report was read, in the House of Representatives, by Mr. Weaver, seconded by Mr. Piper, that (he house recede from the amendment to section 38 of the bill relative to the Militia, from the Senate, No. 360, non-concurred in by that body: which was agreed to. The only remaining subject of difference between the two houses, was, upon the adop- tion of the 55th section. The house wished to strike this section out of the bill, and the Senate was anxious to retain it. The Senate having appointed a commi of conference, it now remained for the h either to refuse to appoint a committee, and thus defeat the bill, or what I have al\v;i\ ; found to be the case, while I was in the legis- lature, to appoint a committee of conference. Mr. Lawrence, seconded by Mr. W.Smyth, moved that a committee of conference be ap- 1G8 pointed to conf'T with the conn: .ireadr si|)pointed hy '. amendments hy the House ol to the Militia hill I in hy t n:\te, striking out the 55 1 Wl.'.'IVllpon M. Todd and Kohbins, were appointed t! committee, and ordered tliat the cl- "/in the Senate of the same. Page 993. Mr. Lav 1'rom the com- mittee appointed to confer with a similar com- mittee of the Senate 4 on the subject of amendment to the. hill from the Senate, No. 360, entitled "An act ! illation Militia of this commonv. ' made port, vJiich \\: 1 as follows: vii The coinii, reflCe h:i\- a;;: to the following resolution, \ Tliiit the f> of thr hill j)ass \\ ii!i Hie l'ol!o\\ i ndmcn line 1C, ai -i-d Uo' iii^-ri k or -diall/ Line 13, strike tlieiv tly or iii(i; ike tin froni ilic-i! v. ^liall undci* an\ ]. tence v. in\alidate or d r shall to defeat any sentence of a court of ap- il or court imiriiiil.' Line 36, strikeout LEGISLATIVE MANUAI. 169 all that follows the word ' state* to the end of the section. And on motion, said report was read a se- cond time, and the resolution thereto attached was considered and agreed to. And the clerk was ordered to inform the Senate of the same. The committee of conference on the part of the Senate, made a similar report, which was con- curred in by that hody, as appears from page 1005 of the journal. " The clerk of the Sen- ate informed the house, that the Senate had adopted the report of the committee of con- ference on the subject of the amendment to hill No. 360, entitled ' An Act for the regu- lation of the Militia of this Commonwealth.' Sometimes the one or other of the commit- tees agree to a report, that the house they represent should recede altogether. When that is the case, the following is the form: Mr. Read from the committee of conference ap- pointed to confer upon the amendments hy the House of Representatives non-concurred in by the Senate to the hill No. 123, entitled 'A further supplement to an act entitled An Act for holding special courts of Common Pleas,' made the following report, viz. that they re- commend that the House of Representatives 1 N 1 M recede from tlirir amendments to bill No. 1 on the files nl' tin 1 II- Kepre- non-concurred in by tin- S . and th< offer the following resolution : UeM)heie, 1 would call the attention of the reader to the proceedings of a. committee upon the bill entitled an , to establish the District Court lor the city and county of Philadelphia/ 9 page. 446, Journal of . for 1824-5. All the srcti of this bill were agreed t. e\< ept the w hicli the I IOM < <>| Represenlati\ es w i^hed to be striken out. Tl / upon lining it, and a cointnittee of conl s appointed, and tin >iu- ud that the two h ild adopt the MAM VL. 171 9th section with amendment, and to add a nc iv section, to be called section 10 and to make section 9 read section 11, and section 10 read section 12. The houses concurred in both amendments, and the conference in this in- stance proceeded further than I had ever known before, for they introduced an addi- tional section. If the reports of the committees of confer- ence shall have been concurred in, as for in- stance in the case of the bill " regulating the militia of this commonwealth," and the clerk has amended the 55th section as reported by the conference and approved of by the two houses, it is handed to the comparing commit- tee appointed pursuant to the 28th rule of the house. That committee carefully reads over the engrossed bill and compares it with the printed one and its amendments, to see that no mistakes or inaccuracies have crept into the transcribed copy. This cngrosed bill goes through three readings, to prevent er- rors in copying, before it is signed by the Speakers. The transcribing clerk reads it. The Speaker of the house in which the bill originated, on its final passage follows the rierk while he reads it; and the comparing r r 1.1*1. vm i M | id it also. During the \\h time I \Viis ;i mrmber nf thr Lrgislat n -v, I never knew but one mistake to e com- mittee: and in tbe inflame I jiliuclc to. finally received the signature of the (io\ n nor, Jt was an amendment relative to the qualifi- cations of persons eligible to be In- of the Penitentiary in Philadelphia. As soon as the committee have examined and found the engrossed bill correct, they hand it first to the Speaker of the House of Represen- tat'm's, who signs it. They alters ards prc- a it to the Speaker of nate, wlm B us it. It is then can-led h\ the romparing (()iiiiiiittcc, one member at least from each house, for each house has its comparing com- mittee, and they jointly perform their duti who present the bill to the Governor for Ins approbation, pursuant to the 22d of the 1st \rlide of the Constitution. 910, Mr. kelion, from thecomni apjiriintrd to < ompan- bills and present them to the (io\ernor for his approbation, made port, \s Inch \v . \ i/: "Tiiat in ( OIIJIJIK t ion \\ith a similar committee from tin- 1, aad on this day p Uo\ernoi- for hi ^ LEGISLATIVE MANUAL. KS lion, the bill entitled as follows, viz: * An act for the regulation of the militia of this com- monwealth.' " The committee keeps a book, in which they register the titles of all the bills, and the day w hen presented to the Governor, so as to know whether they are returned in time, agreeably to the Constitution. If the Governor has no objections, as in this instance, he directs the Secretary of the Commonwealth to return it, with his appro- bation, in writing, as follows : "To the Se- nate and House of Representatives of the Com- monwealth of Pennsylvania. Gentlemen, I have this day approved and signed the follow- ing act, and directed the Secretary of the Commonwealth to return the same to the house in which it originated, viz: * An act for the regulation of the militia of this com- monwealth. By the 2Sd section of the first article of the Constitution, it is directed, that every order, resolution or vote, to which the concurrence of both Houses may be necessary, (except on a question of adjournment,) shall be presented to the Governor, and before it take effect, be approved by him or being disapproved shall be repassed by two-thirds of both Houses, ac- p 2 174 LBGI8LA i Ml, MAM AL. Mi-ding to the rules and limitation^ in ruse of a bill.'' The pn> resolution*, that a; lature, under s oi' the two 11 without IM pn to t!ie (ioNernor (or hisapprobation, llr.- joiirna!^ of the Senate and 11' Representatives, lor Hit; session of 18:21. ' relati\e to th< -nol'ii United Sta 1 . mitoi-. lla\ ing thus expressed my opinion uj hill and a resolution, it will be cxpedimt here IM remark, upon tip ( .Mvri-imr and tlie L<^i^i;ilnre : ] )( uld ha\e i-etnnied the "militia bill" wit' i< n d.t\ -, \Suinl;i I, : to 1!:.- 1 im, in \shii li it oi-i^!. \\ ith In be entered at large up LHGISLATIYK MANUAL. 175 tlio journals, and the House is to proceed to reconsider it. Here a question has been raised, whether the reconsideration must be forthwith, and it has been derided, that the House need not proceed immediately. In 1821, '22, (see page 1 157 of the Journal of the liouso of Re- presentatives,) the Governor returned with objections the bill entitled "an act to provide for the election of Representatives of the peo- ple of this State in the Congress of the United States." The bill with the objections were laid on the table, and the reconsideration post- poned until the afternoon. The bill "supplementary to the act incor- porating the Roman Catholics worshipping at St. Mary's Church in the city of Philadel- phia, " which was returned by the Governor without his signature, was postponed for re- consideration until the next day. If after the reconsideration, two thirds of that House shall agree to pass the bill, it shall bo sent with the objections to the other House, where like- wise it shall be reconsidered ; if approved by t\\o thirds of that House it shall be a law Hut in such cases the votes of both Hou- shall be determined by yeas and nays, and tho allies of the persons voting for or against the 1T6 Lr,(,IM ATMfc MAM VI,. hill, shall be entered on the journals of each house, respectively. It' any hill shall not In- returned within ten days (Sundays excepted,) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return, in which case it shall be a law, unless sent back within three days after their next meeting. If the bill should be passed by two-thirds in both houses, it is signed and attested by the clerks. It is evident therefore, that the Senate and House of Representatives are invested with the whole legislative power of the State. It only requires that two-thirds should concur iu any enactment to give it the force and validity of a law. The same two-thirds can remove the judges by impeachment who should declare it unconstitutional. I have thrown out these few observations, to manifest how clearly it was the intention of the framers of the Consti- tution, that the supreme power of the State should be vested in the Legislature, and that the judges, in expounding Legislative enact- ments, will see that wh; might be their construction of the Constitution, the peo- ple ha\e nested their Rcprcscntati\c:j with a LEGISLATIVE MANUAL. 17T supervisory power over them, to correct them, or to remove the judges, if they deem it expe- dient. The hill being now signed by the Governor and returned to the House in which it origi- nated, the chairman of the comparing com- mittee lodges it in the office of the Secretary of the commonwealth, where it remains. The laws are printed every session, and the copy is taken from the act, thus placed in the ar- chives of the State. The practice is the same as to a resolution. Governor Shulze had a resolution, fixing the residence of the Attor- ney-general at Harrisburg, at the session of 1826-7, presented to him for his signature, but it not having been presented ten days be- fore the rising of the legislature, he detained it, and sent it hack signed, within the three first clays of the next session; if he had not return- ed it, within the three days, it would have been valid without liis approval. Of Privileged (Questions. IT. No business regularly before the House shall be interrupted except by a motion For adjournment, 178 T r,(,i-r. v i nr \t VM \T. For the previous question, namely, the main qncx!ient'd to the Senate, where it aim nded as to direct that the Vttorn- ral should thn after I'esidr at IIarn>huru;, that he ini-iit the necess;u-\ inlonnation to the different ' LEGISLATIVE MANUAL. 179 partments, and generally to supcriteml all the law interests of the commonwealth. This amendment was sent to the House of Repre- sentatives for concurrence, on the afternoon of the last day of the session, when motions to " non-concur,'' " amend, 5 ' " postpone for the present" ** postpone indefinitely," were se- verally made ; and it being discovered, that if any further time should be allowed to the opposition, the amendment from the Senate would not be concurred in, as it was then late in the afternoon. The previous question was therefore called, which was done by the fol- lowing persons rising and requiring the ques- tion, viz : Messrs. Burden, Pearson, Lawson, J. H. C. Smith, Bonner, Dunlap, Woolvcr- tun, Shannon, Cunningham, 1'. Stephens, Matheson, and 0\ei hol/er. f riie clerk having taken down the names of the members \\lio remained standing for that purpose, and having reported to the Speaker, that twelve, the proper number ac- cording to the rule, were up, the Speaker stuted the question: Shall the main question he now put?" And the>ras and nays being 'a! led, it appeared there were 5:1 yeas. 2t nays. So tho question was determined in the 180 LEGISLATIVE MINI' AIi. affirmative. When the previous cjuc.stion was called, the motion then before the chair was : "To postpone the question of concurring in the amendment made to the resolution by the Senate, indefinitely.'* It having, however, been decided, that the main question should be put, and the "main question' 5 being "to concur in the amendment from the Senate,'* the Speaker asked : "Will the house concur in the said amendment ?" And the yeas and nays being required, were as follows for concurring, 32 ; against concurring, 24. So the amendment was concurred in. This is a brief, but perfect outline of the proceedings upon a call for the previous question. Of Postponement. A motion for postponement shall preclude commitment. A motion for commitment shall preclude amendment or decision on the origi- nal subject. A motion may be made to post- pone a question "for the present." This motion may be amended by fixing a definite day, either within or beyond the session ; or it may be amended so as to read to * 'postpone indefinitely." Where different days are men- LEGISLATIVE MANUAL. 181 tioncd, the rule is, that the question shall be first put on the most distant day. Sometimes hills arc indefinitely postponed, together with amendments. At the session of the Legislature of 1826-27, a hill passed the Senate relative to the Pilots of the Bay and River Delaware and in the House, the hill was agreed to with a verbal amendment. The hill with the amendment was returned to the Senate for concurrence, and a motion was made to postpone the amendment to- gether with the hill indefinitely. It was con- tended, that as the house had agreed to the Senate hill with an amendment, all that the Senate could do, was to " concur" or "non- concur" in the amendment but that they could not touch tlic hill itself. The amend- ment, together with the hill, was however in- definitely postponed. Three or four instances were shown, in which the Legislature had postponed hills similarly situated, and the Senate relied upon the precedents to sustain them. It is now too late to disturb the practice, but certainly it is not based upon any thing like system or re- gularity in Legislative proceedings. LKGISLATIVK MANUAL, Of Committee of the Iff Rule 23. The rules ;mvas then to he proceeded in as if reported by a committee, was a very good one, and \\ell calculated, particularly on the e\e of the sion, to free legislative proceedings from use- less embarrassment. The 2i)th rule has been copied from the rules of the House of Hep sentativcs of the 1 nited Stales ; but I feel LRf;i8LATIVfi MANUAL. \\cll assured, that experience will prove that the former one was most convenient lor a state legislature. The Senate rule permitting members to read bills in their places, and on leave given to present them to the chair, to be^proceeded on as it' reported by a commit- tee, remains unchanged. Rule 31. Communications from the Senate to the house shall be read, and information shall be given to the Senate whenever any proposition coming from that body shall be concurred in. When a bill is negatived by cither house, it is not the practice for the clerks to inform the house in which it originated, that it has been rejected. The copy of the journal, fur- nished by the scrgeant-at-arms of one house to the sergeant-at-arms of the other, by whom it is placed on the tables of the members, onsidercd a suilicient notification upon the subject. liule 32. When the names of the members shall be called, it shall bo done in alphabet i i al order, except Mr. Speaker, who shall be called last. 15 y the 9th rule of the House of Represen- tatives, adopted during the session of 179,:, 186 i.vrivr. M \NTAL. it was directed. Unit ''The Speaker's \ote should only be taken \\hen the votes wore equal." The 9(h rule of tlic House of Representa- tives of the l"n i ted States directs, that "In all f ballot by the house, the Speaker sAaMvote: in other cases he shall not Note, unless the house be equally divided, or unl< his vote, if given to the minority, will make the division equal ; and in case of such equal division, the question shall he lost.'' During the late -. Tla present rule of LEGISLATIVE MANUAL. 187 tho House of Representatives of this state, is the proper one. It directs the Speaker to vote last. Where a county, as in the case of (Ireene, has but one member, and that mem- ber should be elected Speaker, as in the case of the Hon. Reese Hill, it would be gross injustice to the people of that county to pre- vent their representative from voting, by electing him to preside over the deliberations of the house. Rule 37. On the call of a member for a bill or other subject, on the table of the house, the question shall be decided without debate. This is a very beneficial rule, if the Speak- er sets his face against all evasions, and im- partially administers it. If a member is very anxious to get a bill before the house, he should, when the house is not in session, give the members his reasons for wishing it to be taken up. A whole day, if the rule is not strictly adhered to, may be wasted in discuss- ing the propriety of taking up a bill ; and perhaps after all this loss of time, the house may refuse to proceed to tho consideration of it. This rule was devised to interrupt prefa- tory remarks, for if a disru^sinn must be heard, it is most convenient to hear it on the 188 . V J 1\ 1. M VN I VI.. bill itself, anil not on the propriety of goj into a consideration ( 'f it. 'I'o enforce the rule properly, il i> to In- done ifl -. member commence-, with his realms in l,i\or of his motion, h\ the Speaker's remark) No ohsrr\ ations ran he allo\vr ]) n.scd with, but hv two-thirds of the mem- bers present. There is no rule more frequently called into requisition than the 39th, towards the rising of the legislature. \\\ this rule, \\liich dis- l>en lre(|uently \vith other rules, hills lia\e passed through their se\ eral readings in the course of a few minutes. The pr<> a^ follo\\s: 1'a'V' "73 Agreeably to order, the hou-e rcsolved itself into a rommittt'r, of the \\hole. Mr. Hanisry in the (hair, on the hill from the , No. .^74, entitled "An art for tin relief of >\ m. Mi-eper, a soldier of the PCVO- hitiM.i ;'' and after .oine time, the Speaker rc- -iiined the (hair, and the chairman reported the bill without amendment. LEGISLATIVE MANUAL. 189 As soon as this report was made, it was moved and seconded to proceed to the second reading and consideration of the bill, which being agreed to, and the several sections, to- gether with the title, having been read and agreed to, the Speaker rises and says: "This bill having been read the second time, con- sidered and agreed to, the question will be on preparing it for the third reading/' He puts the question: "Will the house agree to pre- pare the bill for a third reading?" which having carried, he says: "The bill will be prepared for the third reading." As soon as he has announced that it will be prepared, a member moves, that " The rule which prohi- bits bills from being read twice on the same day, be dispensed with so far as relates to this bill, and that it now be read the third time." If no objections arc made, lie s;'\s: " The motion is agreed to." The clerk then reads the bill ; and when he lias finished, the Speaker says: k The bill is before the house," and rises and states the question thus: " This bill originated in the Senate, and has now been read the third time. The question will be on its final passage." Will the house agree to the passage of the bill?" He puts 190 LATH I- M \M M. ">n in this : he liill is an important one. and he wUl tlif time of the)' LB motions after this manner areal\\a\s made about tlie time of the adjournment of the le^Natn: Sometimes the motion to proceed to tin conil reading is put \\ith this addition " that it be read by its title." In this case, the tions are not read, but merely the title; \\hcn the Speaker says: "The bill has b- / a ond time, considered and I to. r \ question is on preparing the bill tor a third reading." Bills from the Senate are not transcribed l>\ the Clerk of the House, lor they are tra- cribed before the\ are transmitted; hence the bill is said to be "prepared." It is not unu- 1, \\lxn the motion is made to dispn \\ itii the rule. NN Iiich prohibits bills from bei d t\si'e on the samed;:\. and that it he '1 a third time, to add " //// its title."* If ibis moti'.: ' to, the clei'k reads the .lid the i- annoi, i hat. 4 * tin- bill is ! lie house, and that the rjn \\illbi-on it- linal passage." I'his motion iker from rending oxer the I bill to del \vhile tin- < h rl LEGISLATIVE MANUAL. 191 reading the enrolled copy, and of course is never resorted to, except in cases of necessity. When, however, the clerk has doubts about the correctness of the copy, he informs the Speaker, and the motion to read by the title is withdrawn, and the bill is read throughout. It used frequently to occur, that a motion was made to dispense with going into committee of the whole ; but that motion is not so bene- ficial as to go into committee, and there make the necessary amendments ; as this keeps the journal from being loaded with amendments whereas if the motion to dispense with go- ing into committee is carried, then, if any amendments are made upon a second reading, they must appear upon the journal, unless unanimously dispensed with. Contested Elections. Constitution, Article 1st, Sect. 12. Con- tested elections shall be determined by a com- mittee, to be selected, formed and regulated in such manner as shall be directed by law r . Upon the petition of at least fifty qualified electors of this State, (see the act of 6th March 1793 and its supplements,) addressed to the Legislature, complaining of an undue election 192 i.r.<,i-i.v in r. M x\r vi .. or false return of a person clectrd (iovernor, or upon the |>etition of twenty qualified rl- ors of the proper di vd to tin* s ate, complaining of an undue election t'd with power to send for per-ons, paprrs and records, to examine all witnesses who may come before them upon oath or afl'mna- tion, which the chairman or clerk of the com- mittee may administer in liicir presence, and any person guilty of taking a false oath or af- firmation before them, or of procuring another ,11 upon coimction, be liabh the same punishment as prisons convicted of re liahh' to 1)) the Ia\\s of this com- monwealth. By the a 1 n-lrn-t-d to, no j,. tion can be; received by thr I^-^i^laturr, un- une -hall h i iivsmtcd within twenty LEGISLATIVE MAXt'AL. 193 days after the meeting of the General Assem- bly. By a supplementary act passed the Gth of March 1793, relative to contested elections, it is further declared that no order shall he taken on any petition, unless the same is ac- companied hy a certificate from the Treasurer, Prothonatory, or any of the commissioners of the county or counties in which the peti- tioners reside, setting forth that the said peti- tioners or as many of them as are required by the law to which this section is a supple- ment, wcrcaf the time of signing such petition, duly qualified electors. The committee is also clothed with power not only to determine on the validity of con- tested elections, hut to decide which of the candidates has the greatest number of le- gal votes, which candidate shall thereupon he entitled to the seat or oilice, which he had been voted for at such election. By the act of the 23d of March 1818, ano- ther supplement to the original act upon con- tested elections, it was deemed advisable by the Legislature to enact that no order shall bo taken on any petition addressed to the. islature, complaining of the undue election i.r.fjrsLvrm: M MR or falsr return of a- pei 1 (io\crn, he po- litely take be Speaker of the 1 T!K -heir chamber, J,r,(.I-T.YTIvr. MVNTAL. and the Speaker h;r. Burned the toller on the- part of the Senate, makr^re- port: "That the member- of the E ,md llouse of Representatives assembled in joint convention, and elected Si surer:'' and hands to the clerk the result of the election, Mhich is entered upon the jour- nals. In the House of Repivsrnlain inilar report is made, and ordered to he en- tered upon the journal thereof. Of the nomination ajid election of United Stated Senator. nstitution, Art. I. !. The tin places and manner of holding cl< for hall h> prescribed in eai h by the l"j.i>latii!T thereof. ncT.I. Whenever a ^ -ibout to <;ike place in the representation of this sta> in the Senate of the United States, in < ijuencr of tlio . ion of the lime for \vliicli ^laiure ^liall jjrocrrd to supply such vacancy in the follow- nianner. in 7. e nn-mfocrs of hoth h'USCS Shall aaSCIhhle in the < !iait)h( r ot 1 he M hour of i "ii the sttohJ Tutoday in December, pi LEGISLATIVE MANUAL. 199 ing the month of March, in any year, where- in a vacancy shall happen hy the expiration of the constitutional term, for which such se- nator was elected, and then and there elect a senator or senators, as the case may he, to represent this state in the senate of the United States, which election shall he conducted in the following manner, ri#. Before the time of meeting, each house shall appoint one tel- ler, and nominate one or more candidate or candidates for senator, and two days pre- viously to the said meeting, communicate to each other the names of the persons so hy them respectively appointed and nominated : at the meeting, the Speaker of the Senate, in his absence, the Speaker of the House of Re- presentatives shall preside ; the names of the persons voted for, and the memhers voting, shall be entered in writing by the tellers, who shall report to the president the number of votes given for each candidate : if neither of the candidates shall have a majority of votes of the whole number of the members present, a second poll shall be taken, and so from time to time, until some one of the candidates shall have a majority of votes of the whole numi of the mcmbci .at : if the election shall 200 Jj:<;i*i the pre^id- :1 adjourn : maj>>riiy of the i ; tlicn i'rom ti, ti;n >hall have been linai ing a majority of votes of the v,h<;le number of members JUTS/HI, \n he (inly ut liiis state in ilie Un. |>i-t of the nieinljers of both h foui cd by the tellers: one of V JI be transmitted \<) the pi of the Un; .(1 the reniainii! 'Kill he onls, and ent len^ih on tlie journals of t! on the journals of the house of repre^eniat'p and \\\ ;iey by death, r tlOO or olh< .ill happen in the repr, lion of ih> in the si-nate of tin: I ir States, aft lay in i .iber, and during the session of the 1 ture. then and i, shall. \Mthin eiL-Jit (1, r knov, .formed of LEGISLATIVE MANUAL. 201 the same, in the manner herein before pre- scribed." Purdon, 227-8. Of the Opening and Publishing the returns of the Election of Governor. The two Houses appoint joint committees to fix upon the time and place of opening and publishing the returns. The returns are al- ways opened and read in the chamber of the House of Representatives, prior to the 3d Tuesday in December, The Speaker of the Senate and House of Representatives sign a certificate, declaring that upon opening and counting the votes it was ascertained that was duly elected Governor. This certificate is directed to be deposited in the office of the Secretary of the Commonwealth, and there recorded. And a duplicate attested by both Speakers to be transmitted to the Governor elect. Twelve o'clock of the 3d Tuesday in December, is the time fixed upon for the inauguration of the Governor. The S< arc intnx 1 into the Repnsentathe Chamber to hear the returns read and added up, in the same man- ner as described in the election of State Treasurer or a United States' Senator. The i.r< m: MUTUAL. returns ha\ ing ' id, and ascertained in fa\our of - for (iovernor. tin 1 houses a p jjoint ;i joint committee, uho Wiiit upon and attend him to and from the (ieneral \-M'ml)ly. The Speaker of the Sena . and reads ertiiicate of the election, signed hy hoth Speakers. The (io\crnor then rises, and the Speaker administers to him the fnll<>\\ ing qualification: ** You do s\vear that you \vill support Hie Constitution of the I so help you God." "You do al-o sv. ear that you \vill support the Constitution of tho Slate of lYmis\]\ania, and that you \vill dis- charge your duti 'iovi-rnor, \sith fidelity, so help }ou (iod." A to ailirmation^ or shearing hy the uplifted hand. MC page 108. cx in til fur House. "SncT. X\'. And Nshereas tlie Hi of the Constitution of thi pi'o- \iiles, that \vheu vacancies happen in either IloiiM', the ^peakei- -Jiall i ISQC ^ 1 tion to Jill up Then-fore. Hi' I \\lien in C of any K \ hy death, ; M>n. or Other III the I! of the House of Kcpre.sentali LEGISLATIVE MANUAL. 203 Iiis writ, he shall therein command the sheriiV of the proper county, or other person to whom such writ may he directed, on a day certain, and therein particularly expressed, to hold an election to supply such vacancy: and when in consequence of any vacancy in the Senate, by death, resignation, or otherwise, the Speaker of the Senate shall issue his writ to the She- riff or Sheriffs of the county or counties of uhich the district is composed, or other per- son or persons to whom such writ may he di- rected, he shall therein command such person or persons on a day certain, and therein par- ticularly expressed, to hold an election to sup- ply such vacancy : and when such vacancy shall happen in either House during the ses- sion of the General Assemhly, or when the same shall he required hy their own adjourn- ment, or hy the Governor, to meet at some time previous to the next succeeding general election, the Speaker of the House wherein such vacancy shall happen, shall appoint a time, as early as may he convenient, for hold- ing an election to fill the said vacanc\ : hut if such writ shall he issued during the ret ess of the general assembly, and when the same shall not be required to meet before the next sue- 204 LE< IVK M \ eroding general el the Speaker i surh writ shall <: '' held at the lime appointed for holding t! ral election: Pnrcidcd (iliruys, That if afirr i^ ing of such last mentioned '\rit, the g^n-nor shall at anytime issue his proclamation for convening the General Assembly, the sheriff, or other person to whom the said writ si i all be directed, shall in that ca^ : <1 to < cute the same, by holding the < -h < (i.m within thirty days after the date of such proclama- tion: Arul provided further. Thai such \ te.d by the Speaker of the Housi! of Ke- presen: and S< iall be delivi'red to t!ie sheriff, or oilier person to \\liom the same may he direeu-d. at I the. day appoint! fr-r such rlrction, who shall lor(h\\ith give due and public notice thereof throughout, ihe com at Iras; t- 11 days before s >d shall ich of tin' jut! to one of the judges of ra< h di hrreiiu in case such (XX r coiiurn-s be t' for the, purposes of ,1 : and tions shall In*, holdrn and -! in ! manm hrrrin before dij ,md th<' jnd id insp; for and hrf. LEGISLATIVE MANUAL. 205 the next preceding general election, shall at- tend at, and serve as such, respectively, at such occasional elections. Purdon, 216.* Electors of President, in certain cases, to be chosen by the Legislature. SECT. III. The electors who shall he riinsen as aforesaid, shall at twelve o'clock, on the day which is or may he directed by the congress of the United States, meet at the seat of government of this state, and shall then and there perform the duties enjoined upon them by the constitution and laws of the Uni- ted States, f SECT. IV. Each of the said electors shall, before the hour of nine o'clock, A. M. on the day next preceding the day of election of pre- sident and rice-president of the United Stales, give notice to the go\ernor, that he is at the seat of government, and ready to perform the duties of an elector, and it shall he the duty * l?ut st-0 Supplement ].:i^ .1 the If.th of April, ^lucli uirerts that \\heieihr ivliir tin- riMii of ill- till tho ur\; on. t Hy an Act > .t il:\r in tin- fu>t \Veiln.-stl.. nilier: ihr re to h<- <1- 1 to the I're^iili-ut ot" ih< brt'orc the first tiny ot" ,lanuar\, to b the second \\'. - "\ . 206 LE(;i-Lvm i. M KM u.. of the ^oxernor. on the day of the mertii i|,r said electors, b i\\e<-n the Iioiirs <>C nine and ten o'< !>< k, A. M. to inl'orni the le^isla- if in session) \\lio of the eh-< toflB ;uv at of government, and if hy tliat infor- mation, it shall appear that any one or more of the electors be absent from the seat of go- vernment, the legislature shall forthwith pro- ceed to choose by a joint vote, a person or persons to fill up such vacancies as mas have occurred by the non-attendance of our or more of the electors, and immediately after such choice shall have been made by the le- gislature, the name or names of the pel-son or 'iis so chosen, shall he transmitted to the rnor, \shoseduty it shall be fortlixuth to I a notification of his or their election to be deli\en-e . grafted hy \\ ay of amendment on the \\ords, it enacted/' \r. I I. The Sjiraker shall take the chair* day, at the hour to \\hich the Senate adjourned, \\hen he shall call the mem 1 the, a| of a quorum urnal ! the pi -e, rding nlli(-ient importanre to warrant the preparing arti clesof impeachment, to be presented to Senate. In a number of cases the commiu reported in favour of impeaching the jud& and they were put upon their trials at the bar of the Senate sitting as a court of impeach- ment That the proceedings of a court of this kind may be fully understood. 1 have looked into tbc manner of preparing and presenting articles to the Senate, and the orga?ii/ing of the court, an outline of which I have thought. proper to introduce into this work. Suppose a petition had been presented to the House of Representatives, complaining Judge 's official conduct. Afier bci read, it would he referred to a commit l who would be authori/ed to send for persons and papers. If the committee should, upon the examination of the evidence, come to the. determination of reporting against theJudiv conduct, they would report- "That they had unined the testimony adduced in support LEGISLATIVE MANUAL* 217 of the complaint preferred against the Judge, [naming him] from which it appeared that he had neglected to discharge his duties of Judge in the following instances." [Here enume- rate the instances.] To the report they would attach the following: " Resolved, That a committee be appointed to prepare articles of impeachment against , the president judge of the judicial district of the com- monwealth of Pennsylvania, for misdemean- ors in office." If this resolution should be agreed to, a committee is immediately ap- pointed to prepare the articles. In the course of a few days, that committee would report : " That they have prepared articles of im- peachment against , the president judge of the judicial district of this state," head- ed as folio ARTICLES Exhibited by the House of Rcpresentai of the commonwealth of Pennsylvania, in their name and in the name of the people of Pennsylvania, against , President Judge of the judicial district of the commonwealth of Pennsylvania, in support of their impeach- ment against him for misdemeanors in office : 18 LEGISLATIVE MA NT AT,. Article 1, 2, $c. If these articles of im- peachment should be adopted, the Speaker, on motion, appoints usually seven members of the House as a committee to exhibit them to the Senate, and on behalf of the House of Repre- sentatives to manage the trial thereof. The articles are signed by the Speaker. And when the committee are ready to present them to the Senate, the House usually resolves itself into committee of the whole, and proceeds to the Senate chamber, to hear them read hy their committee. The committee of managers are announced by the Sergcant-at-arms and afterwards by the Speaker of the Semite. The chairman of the managers then says, That they are appointed to prefer to the Senate ar- ticles of accusation and impeachment against president judge of the judicial dis- trict." He then reads the articles. The Speak- er continues standing till the, chairman of the, managers finishes reading them ; as soon as he has gone through the articles, the chairman says in behalf of the committee, that they " are ready on the part of the House of Re- presentatives, to support the charges exhibit- ed, at such time and place as the Senate may appoint" He then presents the articles to LEGISLATIVE MANUAL. 219 the Speaker of the Senate, who addresses the committee as follows: "Gentlemen of the House of Representa- tives: The Senate will in due time, give notice to the House of Representatives, of the order taken on the articles of impeachment now ex- hihited against , the President Judge of the judicial district of Pennsylvania." The committee now withdraw, in company with the committee of the whole house, who are or ought to be present, at the presentation of the articles of impeachment. And the Speaker of the House of Representatives hav- ing resumed his seat, the chairman of the committee of the whole makes report, and af- terwards the committee of managers, detail- ing all that was done by them, as well as t)\f Senate in relation to the articles. Their re- port is inserted upon the journal of the House. The Senate now appoint a committee to en- quire at what time it will be most convenient and proper for them to proceed to the trial, and having agreed upon the time, they direct their clerk to notify the House of Representa- tives of the time when they will he ready to proceed, together with the order of proceed- 220 LEGISLATIVE M \ ings. In tin.* cise of Judge Franklin, the fol lowing regulations were adopted : Resolved. That the senate \\ill proceed tci the trial of the said impeachment on Friday the 525th March, at 9 o'clock in the forenoon. Resolved, That the Speaker do issue his summons to the said judge, to appear on the said day, to answer to the articles exhibited against him. Resolved, That as well the man^rr- <>f the House of Representatives as the said judge, shall have process for their witn ud that the Speaker shall issue such pi < quest of the parti Resolved, That the court shall he organ 'r/ed and the proceedings ho as iollov^ : 1st. That before proceeding to organi/r. the court of impeachment, the following oath or aflirmation shall he administered to the Senate, viz. "You do solemnly swear ->r allirm) that in all things appcrlainiiiL'; to the trial of tlie impeachment of V> alter I lin. preM r, M v\r \i.. conded by any two members of the court ; and the question shall be put and decided in the usual manner. 7th. All motions made by the parties or their counsel, shall be addressed to thr pre- sident of the court ; and if he shall require it, shall be reduced to writing All qin to a witness, by any member of the court, shall be put by the president ; and if he shall require it, shall be reduced to writing. 8th. Witnesses shall be sworn or affirmed, in the following form, to wit: "You do swear (or affirm) that the evideinv > mi shall give, in the case now depending brt\srm the Commonwealth of Pennsylvania and Waller Franklin, president of the courts of common pleas in the second judicial district, consist- ing of the counties of Lancaster and York, shall be the truth, the whole truth, and no- thing but the truth." Which oath shall be ad- inini.s.irrrd by the president of the court : and all witnes.M-s shall be iir-t examined by the party producing them, and then cross- amined in the u-ual lorm. 9th. The ..ii the trial shall be as follov First Ti ,'mg of the ao i by tnanagi LEGISLATIVE MANUAL. Second The testimony on the part of the commonwealth. Third The opening in the behalf of the accused. Fourth The testimony on the part of the accused. Fifth The argument on the part of the managers. Sixth The argument on the part of the accused. Seventh The reply on behalf of the ma- nagers. Friday the 25th of March 1825, being the day agreed upon to open the court and com- mence the trial, the proceedings are as fol- lows : The Speaker, at the hour appointed will adjourn the Senate, and inform the mem- bers that the court of impeachment will now be organized. For this purpose he calls one of the Senators to administer to him the re- quisite qualification, the form of which is pre- scribed in the order of proceedings, and hav- ing taken his oath, pursuant to the direction of the constitution, he directs the clerk to call all the members, alphabetically, who step up to the desk and severally take the necessary oath or affirmation. If anv member is desir- LEGISLATIVE MAMAL. ous of being excused from serving on the court, if he can give a reason stiflicient to satisfy the majority of the court, lie will he excused. On the trial of Judge Franklin, Mr. Mahon, the late Speaker of the Senate, was excused from serving on account of indisposition, and Mr. Emlen was excused on account of his re- lationship to the judge. All the memli having been sworn or affirmed, except such as may have been excused, and the Sergeant- at-arms having made proclamation that the court is open; the Clerk is directed to give notice to the House of Representatives, that the court of impeachment for the trial of president judge of the judicial district of Pennsylvania, is ready to proceed to busint The managers having been previously no- tified of the day and hour for the assembling of the court, arc in a state of readiness. They immediately proceed, accompanied by the committee of the whole house, to the Senate chamber, where the court are sitting. The. .iihers of the House ai its. The court now direct , the president jud^e of the judicial district of IVnnsyl- ia, to be called ; and on his app at the bar, the president directs the Clerk to read the article of impeachment; prepare! LEGISLATIVE MAMAL. 25 bv the House of Representatives, in his hear- ing. The clerk having read the articles to the Judge, the president of the court of im- peachment now asks him, "What answer, if any, he has to make in his behalf, to the arti- cles of impeachment preferred against him?" The Judge in reply, reads his answer, or his counsel reads it for him, he having informed the court that the gentleman appears to assist him in his defence. As soon as the Judge's answer has been read, the president of the court asks the committee of managers in be- half of the House of Representatives, " What reply they have to make to the pleas and an- swers of the judge?" It is usual at this time, for the managers to request a day's delay, till they consult with the House, as to the replication that may be thought proper to be made 4 . The court of impeachment grant the re- quest, and adjourn to meet the next day, ;it the hour appointed. The Senate then resume their legislative busiu The next morning, the court being op* by proclamation of the proper olHoer, and the clerk having railed over the names of the members and the president haung an- 226 LEGISLATIVE MANUAL. nounced that the court are ready to proceed, the managers, by their chairman, present the following replication: "In the House of Representatives, March , 1825. "The House of Representatives, in their own name, and in the name of the people of Pennsylvania, reply that the said is guilty of all and every the misdemeanors charged in the several articles in the manner and form as therein set forth ; and this they are ready to prove against him, at such con- venient time and place as the Senate shall ap- point for that purpose. Signed, , Speaker of the House of Representatives. Attest F. R. S. Clerk. Suppose that all the testimony had been heard on botli sides, and the last day of tho trial had arrived, the President would ad- s the court as folio " Gentlemen You have now heard the \vil m hi iialf of the commonwealth and the respondent, president judge of the judicial district of Pennsylvania, impeached for misdemeanors in office/- The. president directs the clerk to read the first article, and LEGISLATIVE MANUAL. observes, that the members will please, as their names are called, to pronounce their judgment on the following question : " Is the respondent guilty or not guilty of a misde- meanor in office, charged in the first article of impeachment?" Whatever may be the vote, the clerk records it. Thus the presi- dent goes through all the articles, taking the vote of every member upon each article. The clerk then hands the votes to the president, who reads it, as follows: 1st. Art. 4 members said guilty 24 said not guilty. 2d. Art. 8 members said guilty 20 said not guilty. And so on, pronouncing on all the articles. And as there are not two-thirds of the votes of all the court in favour of any one article, the president rises and says: "As there is not a constitutional majority of votes finding guilty of any one of the articles, it therefore becomes my duty to declare that ho stands acquitted of all the articles of impeach- ment exhibited by the House of Representa- tives against him. The business of the court being finished, it adjourns sine die. LEGISLATIVE MANUAL. EXECUTIVE DEPARTMENT. Governor George Wolf. Secretary of the Commonwealth Samuel McKean. Auditor General Daniel Sturgeon. Surveyor General Jacob Spangler. Secretary of the Land Office Samuel Work- man. State Treasurer Alexander Mahon. Attorney General Samuel Douglass. Clerk of the Senate Walter S. Franklin. Assistant Clerk Lawrence L. Minor. Clerk of the House of Representatives Francis R. Shunk. Assistant CJerft Thomas J. Gross. RULES FOR THE GOVERNMENT OF THE OF THE CITY OF PHILADELPHIA- I. The President, or in his absence, a member chosen to preside during the meeting, shall take the chair as soon as seven members appear ; after that no member shall depart, without leave of the President. II. The Clerk shall call over the names of all the members present in alphabetical order, setting down the names of all the members present, in the minutes. III. If a quorum do not attend, within one half hour after the time appointed to meet, the members present shall then adjourn, the Clerk inserting their names, on the minutes. IV. But if a quorum attend, Council shall proceed to business in the following order. The minutes of the last meeting shall be read, and where necessary, mistakes cor- rected. Petitions and other communications to Council shall be presented. Reports of committees shall be called for, u 230 RULES OF COUNCIL and order thereon taken, after which. may be proceeded in, at the pleasure of Coun- cil. V. All questions of order, shall he decided by the President : and in case of an appeal from his decision by any two members. Coun- cil shall determine by vote without debate. VI. The President shall vote on all ques- tions, but not debate thereon, without leave of Council. VII. The President shall appoint all com- mittees, unless in any particular case, Coun- cil shall determine otherwise. VIII. He shall call special meetings of Council, whenever in his opinion public busi- ness may require it, or on the request of two members, but when meetings shall be so call- ed, he shall when he may think it necessary direct the clerk to insert in the notices to the members, the import of the business upon which they are to convene, and all notices shall be served on the day preceding that ap- pointed for the meeting. IX. Previously to any motion becoming the subject of debate, it shall be seconded, and repeated by the President, and if required by the President or two members it shall be reduced to writing, and no motion shall be withdrawn without, the consent of Council. When a member speaks he shall ri^e and address the President, and he shall not be permitted to speak more than t\\ice, on the same question, without leave granted by Coun- cil. OF PHILADELPHIA. 23 i XL At the desire of any member, the ques- tion shall be repeated by the President, or any document or paper read by the Clerk. XII. In ordinary cases, questions may be determined by the aye or no of the members, or by their rising at the option of the Presi- dent, and in both cases, the President shall declare the state of the vote, and on the call of any three members, before the final vote is taken on any question, the yeas and nays shall be entered on the minutes. XIII. On motion, any bill, petition, reso- lution, report or other paper, that has been read and laid on the table, may be called up for a second reading, and shall then become the subject of discussion, and such order mad* thereon, as the case may require. XIV. When a question or subject is undo deliberation, no motion shall be admitted, un less to amend, divide, commit or postpone it, but a motion to adjourn, shall be always in order and decided without debate, and no amendment shall be admitted, that shall mili- tate against the spirit or principles of the re- solution, or bill under consideration. XV. Bills shall be introduced, by message from the Common Council, by a member in his place, by a committee appointed to report by bill, and by petitioners on leave. On the second reading of a bill it shall be considered by paragraphs, beginning with the enacting clause, and going through to the end, after which the preamble and title shall be decided RULKS OF COUNCIL on. The bill shall (hen be read a third time, and finally passed or rejected : the nuestion on such reading heinu; put by the President, 'shall this hill |; [f the l.iii i -I it shall be engrossed by tin- Clerk, read and compared, and sent to the Common Council for concurrence, and no bill shall be finally passed in the same meeting on which ii nated or was received, unless by a special or- der of Council, two-thirds agreeing, it be called up for that purpose and j XVI. A motion to re-consider any former olution or vote, can only be made or second- ed by a member who then >oted with the ma- jority, nor then, unless made at or before the ig al'ier tin <>n. XVII. No rule of Council shall be dU- pensed with, hut with the consent of t\\o- thirds of the members present. XVIII. Council may resolve itself in committee of the >\ hole, when the lYesii!- having appointed a chairman, shall lease the (bail- and shall p" ame pri\ il< any other membei-. Such committee shall ob- \ e the rules and forms of proceeding n^ual in Council, a- ihey are applicable, \\itli the exception of the latter part of the truth rule. \\ hit b prohibits a member from speaking t\\ice on the same (juesiion \\ithout lea\e. XI \. i^\ ( i-y nn inbei' on a comn hall call of the < hairman. who ^hall be the lir-1 namrd on the . commillee. At every stated mcetiir. .INK il. ( (^mrnir lall OF PHILADELPHIA. 233 be called over, and the chairman, or in his absence, any member of the committee, shall if required, assign the reason why the com- mittee have not reported, and all reports shall be in writing, and signed by all the members agreeing thereto. XX. The Clerk shall keep fair minutes of all the transactions of Council with an index to the same ; and present all messages to the Common Council. XXI. He shall, by the messenger, summon the meetings of Council, by written or print- ed notices, one day at least previous to the time of meeting. XXII. When any bill, resolution, or report, is to be printed by an order of Council, the Clerk shall carry this order into execution, and he shall furnish the chairman of commit- tees with copies of resolutions, and when ap- plied to, with such other papers as may be necessary. XXIII. The Clerk shall keep a book, to be termed the Committee Book, in which he shall enter in columns, under appropriate heads. The time of the appointments of all com- mittees. The names of the members of the commit- tees. A brief title of the subject committed. The time at which the report is to be made. The time at which the committee made re- port or were discharged. u 2 234 HTJLES OF COUNCIL \ "vl V. lie shall also keep a book, in which he shall enter in proper columns, A brief title of such hills, motions or other papers, as have been read, and laid on the table, at any former meeting, but not yet re- ferred to committees, or otherwise disposed of. The time of their being first read. The disposal of these papers. The time of their disposal. And shall lay these books before the Presi- dent at the commencement of every meeting, for the information of Council. RULES FOR THE GOVERNMENT OF THE COMMOX COUNCIL,, OF THE CITY OF PHILADELPHIA. I. As soon as a majority of members ap- pear, the President shall take his seat, and call to order: after which no member shall depart without leave of the President. He shall be judge of order, and his decis- ions thereon shall he immediately submitted to, unless two members require an appeal to Council; which shall be decided without de- bate. He shall vote on all questions, but take no part in debate, without leave of Council. He shall name all committees, unless Coun- cil otherwise determine. He shall call special meetings of Council, whenever in his opinion public business may require it, or on the request of three mem- bers: but when meetings shall be so called, he shall direct the clerk to insert in the notices to the members, the import of the business upon which they are to convene; and such no- tices shall be served on the day preceding that appointed for the meeting. 236 RULES OF COUNCIL II. It shall be the duty of the clerk to keep a docket of all business of Council; with short entries of each transaction thereon; which shall always lie on the table. He shall also keep fair and regular minutes of the proceedings of Council; read every min- ute separately as it is made; furnish the chair- man of every committee with a copy of the resolution under which they are appointed; and cause a written or printed notice of every meeting of Council to be served by the mes- senger on each member. III. After the roll has been called, the or- der of business shall be: The minutes of the last preceding meeting, and the docket of unfinished business, shall be read, and, if necessary, corrected as to mat- ters of mistake or form. Petitions or other communications to Coun- cil shall be presented. Reports of committees shall be called for, and order taken thereon; after which, any bu- siness may be proceeded on, at the pleasure of Council. IV. Every member presenting a paper to the chair, shall first state its general purport; and every member who shall make a motion, shall rise and address the chair. V. No debate shall be entered into on any motion, unless that motion be seconded, and stated from the chair; and all motions shall, if requested by two members, or by the Presi- dent, be reduced to writing. No member shall OF PHILADELPHIA. 237 speak more than twice upon any one question, "without leave of Council, and when he does speak, shall rise and address the President. VI. While a subject is under consideration, no motion shall he made except to amend, di- vide, commit, or postpone it; but a motion to adjourn shall be always in order, and shall be decided without debate. VII. No amendment, which tends to de- stroy the general sense of the clause or mo- tion, shall be admitted. VIII. Upon the first reading of any report, petition, bill, or other paper, unless upon mo- tion otherwise ordered, it shall, as a matter of course, lie on the table. Upon the second reading, which, upon motion seconded and carried, may be had in the same sitting, order shall be taken thereon as the case may require. IX. No bill shall be considered as before Council, until.it be introduced by message from the Select Council, by a member in his place, by petitioners upon leave given, or by report of a committee. Upon the second reading, the question, after debate, shall be: " Shall this bill be read the third time?" If decided in the negative, the bill shall be lost; if in the affirmative, it shall be so read, con- sidered by paragraphs, beginning with the first enacting clause, and proceeding through the bill, end with the preamble and title. The President shall then take the question: "Shall this bill pass?" If Council determine in the negative, it shall be lost; if in the affirmative, 238 RULES OF COUNCIL it shall, with such additions, alterations, or amendments, as have been agreed to, be en- grossed by the clerk, read and compared at the table, and sent to the Select Council for their concurrence. But no bill shall be pass- ed at the same sitting at which it is introduc- ed, unless, in passing, two thirds of the mem- bers present concur. X. Upon motion, seconded and carried, Council may resolve itself into a committee of the whole, when the President, having first appointed a chairman, shall leave the chair, and shall possess the same privileges as any other member: but the rules and modes of pro- ceeding usual in Council, shall be observed in such committees, as far as they are applica- ble ; the latter clause of the fifth rule, which prohibits a member from speaking more than twice upon any one question, only excepted. XL Every member on a committee shall attend the call of the chairman, who shall he the person first named on the committee. At every stated meeting of Council, committees shall be called over, and the chairman, or in .ihsence. any member of the committee, shall, if required, assign the reason why the committee hu\ e not reported. \U. No motion lor re-consideration shall he permitted, unless m;rde and seconded by members \\ho were, in the majority on the ori- ginal question; nor then, unless made at the same meeting as the decision, or at the next meeting after it. OF PHILADELPHIA. 239 XIII. The yeas and nays shall be entered on the minutes, at the request of any two members. XIV. No rule of Council shall at any time be dispensed with, unless in doing it two- thirds of the members present concur. RULES FOR REGULATING THE INTERCOURSE AND BUSINESS BETWEEN THE SELECT AND COMMON COUNCILS I. The stated meetings of Councils shall be held on the second and fourth Thursdays of each month from October till April, inclu- sive, at half past six o'clock in the evening; and on the second Thursday of each of the other months, at half past seven o'clock in the evening. II. When either of the Councils shall ad- journ, to meet at any other than the time of stated meeting, or when the President of ei- ther Council shall call a special meeting, (which he may do when he judges it expedi- ent) then the other Council shall be summon- ed to meet at the same time. And in cases of special meetings, called as aforesaid, the notices to the members shall state the particu- lar object, and no other business shall be tak- en up in either Council, unless two -thirds of the members present shall agree thereto. III. Messages shall be transmitted, in writing, from one Council to the other, by their respective clerks, introduced and an- nounced by the messenger, and shall be pre- sented to the President RULES OF COUNCIL 241 IV. All proceedings, whether of concur- rence, non-concurrence, or amendment, rela- tive to bills, or resolutions requiring the sanction of both Councils, shall be transmit- ted and re-transmitted, from one Council to the other, until the business shall be finally terminated. V. When any amendments arc proposed by one Council, the other Council may either concur, or non-concur, with the whole, or any part thereof. VI. When any amendment proposed by one Council is non-concurred in by the other, the first may either recede from such amendment, or adhere thereto. In the latter case, they shall, by a resolution, propose to the other Council to appoint a joint committee of con- ference, for the purpose of effecting a union of sentiment in their respective Councils. VII. The standing joint committees shall be the following: a Watering Committee, to consist of four members from each Coun- cil; a committee of Ways and Means, a com- mittee on the Sinking Fund, a committee on Accounts, a committee on Markets, and a committee on Fire Companies, to consist of three members from each Council; a Pav- ing Committee, to consist of four members from each Council; and a committee on the Li- brary, to consist of two members from each Council. Of the three first mentioned commit- tees, the jnembcr first named in the Select x 242 RULES OF COUNCIL Council shall be chairman; and of the other committees, the member first named in the Common Council. In all other cases, the member first named in the Council where the business originates, shall be the chairman, and shall call the committee together. VIII. The reports of all joint committees, signed by a majority of the members, shall be made to the Council in which the business referred commenced, and shall be therein act- ed on; after which, information shall be given to the other Council, accompanied by the re- port of the committee. IX. All joint committees, other than those \vhose services continue during the year, ex- cept in particular cases a longer time be al- lowed, shall report at the third stated meet- ing, at farthest, after the time of their ap- pointment: and all joint committees, whose services continue during the year, shall meet at least once in every month, and keep min- utes of their proceedings, which shall be open to the inspection of any member, at any meet- ing of the Councils, if required. X. All resolutions or bills transmitted from one Council to the other, shall be finally dis- posed of at the third stated meeting, at far- thest, after being received. XL All matters within the sphere of the authority of Councils, which shall affect the citizens at large, and with which they ought necessarily to be acquainted, must be enacted by ordinance; but matters merely respecting OF PHILADELPHIA. 43 the duties of city officers, or other objects of a particular nature, may be authorized by resolution. XII. No ordinance, or part of an ordi- nance, shall be repealed, altered, or amended, except by ordinance. XIII. When any ordinance is enacted by Councils, it shall be the duty of the clerk of that Council in which it originated, to have the same examined, recorded, and published, as the law directs, and to preserve four cor- rect copies thereof, two for the use of each Council. XIV. In joint meetings of the Councils, no business shall be transacted excepting such as shall have been previously agreed upon by concurrent resolution. XV. Neither Council shall adjourn before half past nine o'clock in the evening, without giving fifteen minutes' notice to the other Council. 244 MEMBERS OF COUNCIL. SELECT COUNCIL,. President John M. Scott. Clerk Archibald Randall. William Boyd, Joshua Lippiricott, Anthony Cuthbert, Charles Massey, William J. Duanc, John R. Neff, Michael Fox, John M. Scott, Henry Horn, Henry Toland, Thomas Kittera, Joseph Worrell. COMMON COUNCIL, President James Page. Clerk George Fox. Michael Baker, John Moss, Thomas Cave, Joseph Murray, Henry L. Coryell, Daniel Oldenburg, William Feariss, James Page, John M. Hood, John Patterson, Michael E. Israel, Lewis Ryan, Charles Johnson, Silas W. Sexton, Christian Kneass, Thomas Wallace, William E. Lehman, Isaac Wainwright, William J. Leiper, John P. Wetherill Mayor Benjamin W. Richards. Recorder Joseph M 'II vainc. RULES FOR CONDUCTING BUSINESS IN THE SEXATE OF THE UNITED STATES. : 1. The President having taken the chair, and a quorum being present, the journal of the preceding day shall be read, to the end that any mistake may be corrected that shall be made in the entries. 2. No member shall speak to another, or otherwise interrupt the business of the Senate, or read any news- paper, while the journals or public papers are read- ing, or when any member is speaking in any debate. 3. Every member, when he speaks, shall address the chair, standing in his place, and when he has finished shall sit down. 4. No member shall speak more than twice, in any one debate, on the same day, without leave of the Se- nate. 5. When two members rise at the same time, the President shall name the person to speak ; but in all cases the member who shall first rise and address the chair, shall speak first. 6. When a member shall be called to order, by the President, or a Senator, he shall sit down ; and every question of order shall be decided by the President without debate, subject to an appeal to the Senate ; and the President may call for the sense of the Senate on any question of order. 7. If the member be called to order by a Senator, for words spoken, the exceptionable words shall im- mediately be taken down in writing, that the Presi- dent may be better enabled to judge of the matter. 8. No member shall absent himself from the service of the Senate, without leave of the Senate first obtain- A 2 RULES OF T- \TE. cd. And in case a less number than a quorum of the Senate shall convene, they arc hereby authorized to send the sergcant-at-arms, or any otln sons by them authorized, for bers, as tin- such in iall agree, at the expense of surh lively, unless such excuse for non-attend .nee shah made, as the Senate, when a quorum is convened, shall judge sufficient ; and in that case the < shall be paid out of the contingent fund. And this rule shall ap- ply as well to the first convention of the Senate at the legal time of meeting, as to each day of the session, after the hour has arrived to which the Senate stood adjourned. 9. No motion shall be debated until the same shall be seconded. 10. When a motion shall be made and second shall be reduced to writing, if desired by the P, dent, or any member, delivered in at the table, and read, before the same shall be debated. 11. When a que-tion is under debate, no motion shall be received but to adjourn, to lie on the tabK postpone indefinitely, to postpone to a day certain, to commit, or to amend; which several motions shall have precedence in the order they stand ai and the motion for adjournment shall al\va\ order, and be decided without deb 12. It the question in debate contain several p any member may have the same divide d. 13. In filling up blanks, the largest sum and 1 time shall be first put. 14. When tin- reading of a pap il for, and,, the . cted toby any UK termincd by a vote of the Senate, and u ithout 15. The unfinished business in which the S< -.aged at the last preceding adjournment, shall have th nee in the s] ay. When t: shall be called for by one-fifth of the i! , each member railed i special reason he b. : \>\ openh , and without dc!> lU'I.ES OF THE SENATF. 3 assent or dissent to the question. In taking the yeas and nays, and upon the call of the House, the names of the members shall be taken alphabetically. 17. When the yeas and nays shall betaken'upon any question, in pursuance of the above rule, no member shall be permitted, under any circumstances whatever, to vote after the decision is announced from the chair. 18. On a motion made and seconded to shut the doors of the Senate, on the discussion of any business which may, in the opinion of a member, require se- crecy, the President shall direct the gallery to be cleared ; and, during the discussion of such motion, the doors shall remain shut. 19. No motion shall be deemed in order, to admit any person or persons whatsoever within the doors of the Senate chamber to present any petition, memorial, or address, or to hear any such read. 20. When a question has been once made and car- ried in the affirmative or negative, it shall be in order for any member of the majority to move for the recon- sideration thereof: but no motion for the reconsidera- tion of any vote si Kill be in order after a bill, resolu- tion, message, report, amendment, or motion, upon which the vote was taken, shall have gone out of the -sion of the Senate, announcing their decision : nor shall any motion for reconsideration be in order, unless made on the same day on which the vote was taken, or within the two next days of actual session of the Senate thereafter. When the Senate are equally divided, the Se- cretary shall take the decision of the President. All (juestions shall be put by the President of the Senat' re of the of the Unite-.' . :uul the Senators irno. of the Senate pro temp i member to perform the duties of the 'i substitu- tion shall not extend beyond an adjournment. W1V petition or mcmori il, addressed to the Senate, shall be received and read at the table, 4 ;F THE SENATE. whether the same shall he introduced by t! lent or a member, a br'n :it of the cm, petition or memorial >hall verbally be made by the in- trodu 25. One day's notice, at least, shall be given of an intended motion fur leave to bring in a bill ; and all bills reported by a committee, shall, after the t ling, be printed for the use of the Senate : but no other paper or document shall be printed for the of the Senate, without special order. 26. Every bill shall receive three readings previous to its being passed ; and the President shall give notice at each, whether it be the first, second, or third ; which readings shall be on three different days, unless the Senate unanimously direct otherwise. And all re- solutions proposing amendments to the Constitution, or to which the approbation and signature of the Pre- sident may be requisite, or which may grant money out of the contingent, or any other fund, shall be treat- ed, in all respects, in the introduction and form of proceedings on them, in the Senate, in a similar man- ner with bills : and all other resolutions shall lie on the table one day for consideration, and also reports of Committees. 27. No bill shall 'be committed or amended until it shall have been twice read ; after which it may be re- ferred to a committee. 28. All bills on a second reading shall first be con- sidered by the Senate in the same manner as it Senate were in committee of the whole, before tl shall be taken up and proceeded on by the Sei. agreeably to the standing rules, unless others dered. And when the Senate shall ronsii lot, the othcrmembers necessary to complete the same; and a majority of the whole number n shall be necessary to the choice of a chairman <,f a standing committee. All other committees shall be appointed .Hot, and a plurality of votes shall makf M any subject or matter shall have been referred to any other subject or matter of a similar nature may, on motion, be referred to such committee. 35. When motions are made for cc^of the select conuii, : to a standing committee, the question on reference to the standing committee shall be first put. 36. When nominations shall he made in writing by :ent oft!: >igned,unlessth< i IT din f the- I 'nited States shall te in the ' hamber, the PreM mno- minuted by tin :it to office, shall be kept secret. 40. When acting on confidential -*ive busi- ness, the r i all be cleared of all persons, c the Secretary, the I (1 Door-keep- er, or, in his absence, the Assistant Door-keeper. 41. The proceedings of the Senate, when they shall act in their executive capacity, shall be kept in rate and distinct books. 42. Extracts from the Executive Record are not to be furnished but by special order. 43. When an amendment to be proposed to the con- stitution is under consideration, the concurrence ot 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 1 44. When any question may have been decided bv the Senate, in which two-third* of the members present are necessary to cany the affirmative. :nber, who votes on that side which prevailed in the ques- tion, may be at liberty to move tor a deration ; and a motion for re-consideration shall be decided by a ritv of v 45. Messages shall be sent to the House of Repre- sentatives by the Secretary, who shall previously cn- thc final determination of the 46. Messengers are introduced in ." busi- except while a question is putting, while th and n r while the b inting, 47. The pt^Hng officer of the S ich parts of the Capitol and it fur the use ot the ers. 48. : Mate, thr Anns, an ID : the Assist. .nt ! ' f the .-1 on th< . JOINT RULES OF THE TWO HOUSES. 1. In every case of an amendment of a bill agreed to in one House, and dissented to in the other, if either House shall request a conference, and appoint a Com- mittee for that purpose, and the other House shall also appoint a Committee to confer, such Committees shall, at a convenient hour, to be agreed on by their chairman, meet in the conference chamber, and state to each other verbally, or in writing, as either shall choose, the reasons of their respective Houses, for and against the amendment, and confer freely thereon. 2. When a message shall be sent from the Senate to the House of Representatives, it shall be announced at the door of the House by the Door-keeper, and shall be respectfully communicated to the chair, by the person by whom it may be sent. 3. The same ceremony shall be observed, when a message shall be sent from the House of Representa- tives to the Senate. 4. Messages shall be sent by such persons, as a sense of propriety in each House may determine to be proper. 5. While bills are on their passage between the two Houses, they shall be on paper, and under the signa- ture of the Secretary or Clerk of each House, respec- tively. 6. After a bill shall have passed both 1 1 shall be duly enrolled on parchment, by the Clerk of the House of Representatives, or the Secretary of the Se- nate, as the bill may have originated in the one or the other House, before it shall be presented to the 1 dent of the United St. 7. When bills are enrolled, they shall be examined by a Joint Committee of two from the Senate, and two from the House of Representatives, appointed as a 10 JOINT RULES Standing Committee for that purpose, who shall care- fully compare the enrolment with the engrossed bills, as passed in the two Houses, and, correcting any errors that maybe discovered in the enrolled bills, make their report forthwith to their respective Houses. 8. After examination and report, each bill shall be signed in the respective Houses, first by the Speaker of the House of Representatives, then by the Presi- dent of the Senate. 9. After a bill shall have been thus signed in each House, it shall be presented by the said Committee to the President of the United States, for his approbation, it being first endorsed on the back of the roll, certify- ing in which House the same originated ; which en- dorsement shall be signed by the Secretary or Clerk (as the case may be) of the House in which the same did originate, and shall be entered on the journal of each House. The said Committee shall report the day of presentation to the President, which time shall also be carefully entered on the journal of each House. 10. All orders, resolutions, and votes, which are to be presented to the President of the United States for his approbation, shall, also, in the same manner, be previously enrolled, examined, and signed, and shall be presented in the same manner, and by the same Committee, as provided in cases of bills. 11. When the Senate and House of Representatives shall judge it proper to make a joint address to the President, it shall be presented to him in his audience chamber, by the President of the Senate, in the pre- sence of the Speaker and both Houses. 12. When a bill or resolution, which shall have passed in one House, is rejected in the other, notice thereof shall be given to the House in which the same shall have pa When a bill or resolution, which has been -eel in on . shall be- rejected in the other, it shall not be brought in during the same session, without a notice of ten days, and leave of two-thirds of that House in which it slyill be renewed, . OF THE TWO HOUSES. 11 14. Each House shall transmit to the other all papers on which any bill or resolution shall be founded. 15. After each House shall have adhered to their disagreement, a bill or resolution shall be lost. 16. No bill that shall have passed one House, shall l>e sent for concurrence to the other, on either of the three last days of the session. 17. No bill or resolution, that shall have passed the House of Representatives and the Senate, shall be pre- sented to the President of the United States, for his approbation, on the last day of the session. STANDING RULES AND ORDERS FOR CONDUCTING BUSINESS IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES. Touching the duty of the Sjieaker. 1. He shall take the chair every day precisely at the hour to which the House shall have adjourned on the preceding day ; shall immediately call the mem- bers to order ; and, on the appearance of a quorum, shall cause the journal of the preceding day to be read. 2. He shall preserve order and decorum ; may speak, to points of order in preference to other members, rising from his seat for that purpose ; and shall decide ques- tions of order, subject to an appeal to the House by any two members ; on which appeal no member shall speak more than once, unless by leave of the House. 3. He shall rise to put a question, but may state it sitting. 4. Questions shall be distinctly put in this form, to wit : " As many as are of opinion that (as the question may be,) say Ay ;" and, atter the affirmative voice is expressed, " As many as are of the contrary opinion say No." If the Speaker doubts, or a division be call id for, the House shall divide: those in the affirmative of the question shall first rise from their seats, and after- wards those in the negative. If the Speaker still doubts, or a count be required, the Speaker shall name two members, one from each side, to tell the members in the affirmative, which being reported, he shall then name two others, one from each side, to tell those in the negative, which being also reported, he shall rise and state the decision to the House. 5. When any motion or proposition is made, the question, * Will the House now consider it ?" shall not RULES, &C. 13 be put, unless it is demanded by some member, or is deemed necessary by the Speaker. 6. The Speaker shall examine and correct the Journal before it is read. He shall have a general direc- tion of the Hall. He shall have the right to name any member to perform the duties of the chair, but such substitution shall not extend beyond an adjournment. 7. All committees shall be appointed by the Speaker, vunless otherwise specially directed by the House, in which case they shall be appointed by ballot ; and if, upon such ballot, the number required shall not be elected by a majority of the votes given, the House shall proceed to a second ballot, in which a plurality of votes shall prevail ; and, in case a greater number than is required to compose or complete a committee shall have an equal number of votes, the House shall pro- eed to a further ballot or ballots. 8. In all other cases of ballot than for committees, a majority of the votes given shall be necessary to an election ; and when there shall not be such a majority on the first ballot, the ballot shall be repeated until a majority be obtained. 9. In all cases of ballot by the House, the Speaker shall vote : in other cases he shall not vote, unless the House be equally divided, or unless his vote, if given to the minority, will make the division equal ; and in case of such equal division, the question shall be lost. 10. In all cases where other than members of the House may be eligible to any office by the election of the House, there shall be a previous nomination. 11. All acts, addresses, and joint resolutions, shall be signed by the Speaker ; and all writs, warrants, and subpoenas, issued by order of the House, shall be under his hand and seal, attested by the Clerk. 12. In case of any disturbance or disorderly conduct in the galleries or lobbv, the Speaker (or Chairman of the Committee of the Whole House) shall have power to order the same to be cleared. 13. No person, except members of the Senate, their Secretary, Heads of Departments, the Treasurer, Comptroller, Register, Auditor, Postmaster General, B 14 1,ES OF '1 : President's Secretary, Chap' of the I'r.iti rs and their cretark ived, or shall hcrcafu gallantry and good conduct displayed in tin- seniceof their country, the Commissioner- :rd, Governor, for the time being, of a: i Vrritory in the Union, who may attend at the scut of the ( >cne- ral Government during the f Congress, and who may choose to avail himself of such privil- such gentlemen as have been heads of departments, or members of either branch of the legislature ; and, at the discretion of the Speaker, persons who belong to such legislatures of foreign governments as arc in amity with the United States, shall be admitted within the Hall of the House of Representatn 14. Stenographers, wishing to take down th< bates, may be admitted by the Speaker, who shall assign such places to them, on the floor or el>e\vl.- to effect their object, as shall not interfere with the convenience of the House. Order of business of the Session. 15. After six days from the commencement second or subsequent session of anv ( all bills, resolutions, and reports, whic it ed in the 1 1 and at the close of the next preceding session remained undetermined, shall be resumed and acted on, in same manner as if an adjournment had not taken place. Order of business of the day. 16. A ker shall < all f'-v \. '')' D I in til n ; ml* delegates from and if, on ;i. iall not be called, the Speaker shall 1 vided, that," alter the first t 'ions shall not be on the first day of the meeting of the House in each we HOUSE OF REPRESENTATIVES. 15 17. The petitions having been presented and dispos- ed of, reports, first from the standing, and then from the select committees, shall be called for, and dispos- ed of. And not more than one hour in each day shall be devoted to the subject of reports from committees, and resolutions ; after which the Speaker shall dis- pose of the bills, messages, and communications, on nis table, and then proceed to call the orders of the day. 18. The business specified in the two preceding rules shall be done at no other part of the day, except by permission of the House. Local or Private Business. 19. Friday and Saturday in every week shall be set apart for the consideration of private bills and private business, in preference to any other, unless otherwise determined by a majority of the House, Of Decorum and Debate. 20. When any member is about to speak in debate, or deliver any matter to the House, he shall rise from his seat, and respectfully address himself to " Mr. Speaker," and shall confine himself to the question under debate, and avoid personality. 21. If any member, in speaking, or otherwise, trans- gress the rales of the House, the Speaker shall, or any member may, call to order ; in which case the member so called to order shall immediately sit down, unless permitted to explain, and the House shall, if appealed to, decide on the case, but without debate ; if there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member railed to order, he shall be at liberty to proceed ; if othti he shall not be permitted t< . :houtk\. the House ; and, it" tin ,'iire it, he shall be lia- ble to the censure of the I Ion 22. When two or more members happen to rise at once, the Speaker shall name the member who if to speak. 16 Ri: 23. No member shall sp< than twice to the same question, withom nor more than once, until every member choosing to speak shall 24. If a question depending be lost by adjournment of the House, and revived on the succ* \ , no member, who shall have spoken twice on the preceding h .11 be permitted again to speak without leave. 2.5. Whilst the Speaker is putting any question, or addressing the House, none shall walk out of, or across, the House ; nor, in such case, or when a mem- ber is speaking, shall entertain private discourse, nor, whilst a member is speaking, shall pass between him and the chair. 26. No member shall vote on any question in the event of which he is immediately and particularly in- terested ; or in any case where he was not present when the question was put. 27. Upon a division and count of the House on any question, no member without the bar shall be counted. 28. Every member who shall be in the House w hen the question is put, shall give his vote, unless the House, for special reasons, shall excuse him. 29- When a motion is made and seconded, it shall be stated by the Speaker ; or, being in writing, it shall be handed to the Chair, and read aloud by the Clerk before debated. 30. Every motion shall be reduced to writing, if the .ker or any member desire it. 31. After a motion is stated by the Speaker, or read by lli it shall be deemed to be in the p but may be withdrawn at any time deciMon or amendment. 32. Whi tion is under debate, no motion shall be received but to adjourn, to lie on the table, for the on, to postpone to a day certain, to com- r Miiend, to postpone indefinitely ; which s< l iallhave precedence in the order in which and no motion to postpone to a day M, to commit, or to postpone indefinitely, being decided, shall be again allowed on the same day, and HOUSE OF REPRESENTATIVES. 17 at the same stage of the bill or proposition. A motion to strike out the enacting words of a hill shall have precedence of a motion to amend, and, if carried, shall be considered equivalent to its rejection. 33. When a resolution shall be offered, or a motion made to refer any subject, and different committees shall be proposed, the question shall be taken in the following order : The Committee of the Whole House on the State of the Union ; the Committee of the Whole House ; a Standing Committee ; a Select Committee. 34. A motion to adjourn shall be always in order ; that, and the motion to lie on the table, shall be de- cided without debate. 35. The previous question shall be in this form: "Shall the main question be now put?" It shall only be admitted when demanded by a majority of the mem- bers present ; and, until it is decided, shall preclude all amendment and further debate of the main question. 36. On a previous question there shall be no debate. 37. When a question is postponed indefinitely, the same shall not be acted upon again during the session. 38. Any member may call for the division of a ques- tion, which shall be divided if it comprehends questions so distinct, that, one being taken away, the rest may stand entire for the decision of the House; a motion to strike out and insert shall be deemed indivisible. Rut a motion to strike out being lost, shall preclude neither amendment nor a motion to strike out and insert. 39. Mot". reports may be committed at the pleasure of the Hor, 40. No motion or proposition on a subject different from that under . ctiun, shall be admitted under colour of amendment. 41. When a motion has been once made and carried in the affirmative or negative, it shall be in order for any member <.f the niaj i ity to move for the recc nsidc. ration thereof, on the lay. 42. When the v ailed for, and the same is objected \ , it shall be de- termined by a vote ; f the 1 1< ; nished I) 1 . engaged ;st prec< ill have the ; tion on any other leave of the House, until the former is disposed of. 44. Every < .oiution, or vote, to which the concurrence of the S *essary, shall be read to the House, and laid on the table, on a day pre- ceding that in which the same shall be moved, unless the House shall otherwise expressly allow. 45. Petitions, memorials, and other papers address- ed to the House, shall be presented by the Speaker, or by a member in his place, a brief statement of the con- tents thereof shall verbally be made by the introducer, and shall not be debated or decided on the day of their being first read, unless where the House shall direct otherwise ; but shall lie on the table, to be taken up in the order they were read. 46. A proposition requesting information from the President of the United States, or directing it to be fur- .ed by the Head of either of tl. 1 depart- ments, or by the Pos the table one day for consideration, u; animous consent of the H< ' ::11 such propositions shall be taken ir ;> in the order th presented, immediately after reports in select committees ; and, when adopt- ed, the Clerk shall cause the same to be delivered. 47. Any fifteen members (including the Speaker, if there be one,) shall be authorized to compel the at- mce of absent members. 48. Upon calls of the House, or in taking the yeas s on any u the names of the members shall be called 'alphabetically. 49. Any member may excuse himself from serving my committee at the time of his appointment, if thru a member of two ot No men: >ent him \\ the ser- and end. 51. Upon the call of the Ilu f the I SK 01- UKl'i 19 members shall be called over by the Clerk, and the ab- sentees noted : after which the names of the absentees shall again be called over, the doors shall then be shut, and those for whom no excuse, or insufficient excuses are made, may, by order of those present, if fifteen in number, be taken into custody as they appear, or may be sent for and taken into custody, wherever to be founa, by special messengers to be appointed for that purpose. 52. When a member shall be discharged from cus- tody and admitted to his seat, the House shall deter- mine whether such discharge shall be with or without paying fees ; and in like manner, whether a delinquent member, taken into custody by a special messenger, shall, or shall not, be liable to defray the expense of such special messenger. 53. A Sergeant-at-Arms shall be appointed, to hold his office during the pleasure of the Hou^e, whose duty it shall be to attend the House during its sitting; to exe- cute the commands of the House from time to time; to- gether with all such process, issuer! by authority there- of as shall be directed to him by the Speaker. 54. The fees of the Sergeant-at-Arms shall be, for every arrest the sum of two dollars ; for each day's cus- v and releascment, one dollar; and for travelling expenses for himself or a special messenger, going and returning, one-tenth of a dollar per mile. 55. Twenty-one st uuling committees shall be ap- pointed ut the commencement >n, viz : To consist of seven Members each. A Committee of Flections. A Committee oi ans. A Committee of Claims. A Committee of Conmv A Committee on the Public Lands. A Committee on the Post () Post Roads. A Committee fur the District of Col A Committee on the Judiciary. A Committee on Revolt. ms. A Committee on Public Exptuditur. 20 RULES OF THE A Committee on Private Land Claims. A Committee on Manufactures. A Committee on Agriculture. A Committee on Indian Affairs, A Committee on Military Affairs. A Committee on Naval Affairs. A Committee on Foreign Affairs. A Committee on the Territories. A Committee on Military Pensions. To consist of three Members each. A Committee of Revisal and Unfinished Business. A Committee of Accounts, 56. It shall be the duty of the Committee of Elec- tions to examine and report upon the certificates of election or other credentials of the members returned to serve in this House, and to take into their considera- tion all such petitions, and other matters touching elec- tions and returns, as shall or may be presented, or come into question, and be referred to them by the House. 57. It shall be the duty of the Committee of Ways and Means to take into consideration all such reports of the Treasury Department, and all such propositions relative to the revenue, as may be referred to them by the House : to inquire into the state of the public debt, or the revenue, and of the expenditures, and to report, from time to time, their opinion thereon ; to examine into the state of the several public departments, and particularly into the laws making appropriations of mo- neys, and to report whether the moneys have been dis- bursed conformably with such laws ; and, also, to re- port from time to time, such provisions and arrange- ments as may be necessary to add to the economy of the departments, and the accountability of their officers. In preparing bills of appropriation for other objects, the Committee of Ways and Means shall not include appropriations for carrying into effect treaties made by the United States ; and, where an appropriation bill shall be referred to them, for their consideration, which HOUSE OF REPRESENTATIVES. 21 contains appropriations for carrying a treaty into effect, and for other objects, they shall propose such amend- ments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropriations for other objects. 58. It shall be the duty of the Committee of Claims to take into consideration all such petitions and matters or things, touching claims and demands on the United States, as shall be presented, or shall, or may come in question, and be referred to them by the House ; and to report their opinion thereupon, together with such propositions for relief therein, as to them shall seem expedient. 59. It shall be the duty of the Committee of Com- merce to take into consideration all such petitions and matters or things, touching the commerce of the United States, as shall be presented, or shall or may come in question, and be referred to them by the House ; and to report, from time to time, their opinion thereon. 60. It shall be the duty of the Committee on the Public Lands to take into consideration all such peti- tions and matters or things respecting the lands of the United States, as shall be presented, or shall or may come in question, and be referred to them by the House ; and to report their opinion thereupon, to- gether with such propositions for relief therein, as to them shall seem expedient. 61. It shall be the duty of the Committee on the Post Office and Post Roads, to take into consideration all such petitions and matters or things touching the Post Office and Post Roads, as shall be presented, or may come in question, and be referred to them by the House ; and report their opinion thereupon, together with such propositions relative thereto, as to them shall seem expedient. 62. It shall be the duty of the Committee for the Dis- trict of Colambiato take into consideration all such pe- titions and matters or things touching the said District as shall be presented, or shall come in question, and be referred to them by the House ; and to report their opinion thereon, together with such propositions rela- tive thereto, as to them shall seem expedient. 22 RULES OF THK 63. It shall be the duty of the Committee on the Ju- diciary to take into consideration all such petitions and matters or things touching jud'u , as shall be presented, or niav come in question, and be referred to them by the House ; and to report their opinion thereupon, together with such propositions re- lative the u expedient. 64. It shall be the duty of the Committee on Revo- lutionary Claims to take into consideration all such pe- titions and matters or things touching claims and de- mands originating in the Revolutionary war, or arising therefrom, as shall be presented, or shall or may come in question, and be referred to them by the House ; and to report their opinion thereupon, together with such propositions for relief therein, as to them shall seem expedient. 65. It shall be the duty of the Committee on Public Expenditures to examine into the state of the several public departments, and particularly into laws making appropriations of moneys, and to report whether the moneys have been disbursed conformably with such laws ; and also, to report, from time to time, surh pro- visions and arrangements as may be i to add to the economy of the departments, and the accounta- bility of their officers. 66. It shall be the duty of the Committee on Private Land Claims to take into consideration all claims to land which may be referred to them, or shall or may come in question, and to report their opinion there- upon, together with such propositions for relief there- in, as to them shall seem expedient. 67. It shall be the duty of the Commitee on Military Affairs to take into o ^ relating ti| the military establishment and public defence, whiclf : retl to them bv the IIuse, and t r opinion thereupon; t, from Ol to til to economy and ty in the nt. 68. It shall be the duty of th< on Naval loconsid' ^ which* ceri ablishment, and which shall be refer- HOUSE OF REPRESENTATIVES. 23 red to them by the House, and report their opinion thereupon; and also, to report, from time to time, such measures as may contribute to economy and accounta- bility in the said establishment. 69. It shall be the duty of the committee on Foreign Affairs to take into consideration all matters which con- cern the relations of the United States with foreign na- tions, and which shall be referred to them by the House, and to report their opinion on the same. 70. It shall be the duty of the Committee on the Ter- ritories to examine into their legislative, civil, and criminal proceedings, and to devise and report to the House such means as, in their opinion, may be neces- sary to secure the rights and privileges of residents and non-residents. 71. It shall be the duty of the Committee on Military Pensions to take into consideration all such matters re- specting pensions for military service; and also, all such matters respecting invalid pensions, as shall be referred to them by the House. 72. It shall be the duty of the Committee of Revisal and Unfinished Business to examine and report what laws have expired, or are near expiring, and require to be revived or further continued ; also, to examine and report, from the Journal of the last session, all such matters as were then depending- and undetermined. 73. It shall be the duty of the Committee of Accounts to superintend and control the expenditure of th< tingent fund of the Hou utatives, and to au- dit and settle all accounts vvliuh may be charged thereon; and also to audit the accounts of the members for their travel to and from the Seat of Government, and their attendance in the Hou^e. 74. Six additional standing committees shall b pointed at the commencement of the first session in each Congress, whose duty shall continue until the first session of the ensuing Congrt To consist of three members eac/i. 1. A committee on so much of the public accounts and expenditures as relate to the Department of State. 24 2. A committee on so much of the public accounts and expenditure^ totheT; 3. A committee on so much of the publi and expenditures as relate to the Department 4. A committee on so much of the public accounts and expenditures as relate to the Department of the Na 3 . A committee on so much of the public account expenditures as relate to the Post Office ; and, 6. A committee on so much of the public accounts and expenditures as relate to the Public Buildings. 75. It shall be the duty of the said committees to ex- amine into the state of the accounts and expendit', respectively submitted to them, and to inquire anc' port, particularly Whether the expenditures of the respective departments arc justified by law: Whether the claims from time to time satisfied and discharged by the respective departments are suppor- ted by sufficient vouchers, establishing their justi.t both as to their character and amount : Whether such claims have been discharged out of funds appropriated therefor, and whether all me have been disbursed in conformity with appropriation laws ; and whether any, and what, provi cessary to be adopted,*to provide more perfectly for the application of the public moneys, and to secure the Government from demands unjust in their character, or extravagant in their amount. And it shall be, moreover, the duty of the said mittees to report, from time to time, whether any, and what retrenchment ran be made in the expenditui of the several departments, without detriment to the public service : whether any, and what, abuses at any time exist in the failure to enforce the pa\ inent of mo- neys which may be due to the I 'nited States from pub- lic defaulters or others ; and to u port, from time to time, such p 1 - and arrangemcn' <-;,: 10. Addr. 1 1. Committees. ( 'ommmoe of tho Whole. 13. Examination before Committees, &c. 1 1. AnaiiL'viiu-nt m'ee. K 11 tip. SEC.30. 31. 33. 35! 3G. 37. 38. 39. 40. 41. n 44*. 45. 48. cmd rcadiiiL,' in tin " Reading paprrx. " rrivil % i;i-d titnis. " Previous jii' " Amcntlmr: ' Divi>in ol don. " Co-existing ;:/.'// the quuite coolness and del, ; and that w must PRIVILEGE. 39 therefore have a power to fmnish these disturbers of our peace and proceedings. To this it was answered, that the parliament and courts of England have cog- nizance of conte?njits by the exfiress Jiro-visions of their law ; that the State legislatures have equal authority, because their powers are plenary ; they represent their constituents completely, and possess all their pow- ers, except such as (heir constitutions have expressly denied them ; that the courts of the several States have the same flowers by the laws of their States, and those of the federal government by the same State laws adopted in each State, by a law of Congress ; that none of these bodies, therefore, derive those powers from na- tural or 7iecessary right, but from express law ; that Congress have no such natural or necessary power, nor any powers but such as are given them by the con- stitution ; that that has given them, directly, exemp- tion from personal arrest, exemption from question elsewhere for what is said in their house, and power over their 'own members and proceedings ; for these no further law is necessary, the constitution being the law; that, moreover, by that article of the constitution which authorizes them "to make all laws necessary and proper for carrying into execution the powers Bested by the constitution in them," they may provide by law for an undisturbed exercise of their functions, e. g. for the punishment of contempts, of affrays or tu- muli in their presence, &c. but, till ttie law be made, it does not exist ; and does not exist, from their t neglect ; that, in the mean time, however, they are not unprotected, the ordinary niagistrates a?id c law being" open and competent to punish all unjustifia- ble disturbances or defamations, and even their > sergeant, who ?nay appoint deputies ad libitum to aid him, 3 Grey, 59. 147. 255. is equal to small di*'ur- bances ; that in rc c of the ton ground privilege of tl PKIVII.l 41 For any speech or debate in either house, they shall not be questioned in any other place. Const. U. ,V. /. 6. S. P. Jirotest of the Commons to James I. 1621. 2 Rafiin.^ No. 54. f. 211, 212. But this is restrain- ed to things done in the house in a parliamentary course. 1 Rush. 663. For he is not to have privilege contra morem parliamentarian!, to exceed the bounds and limits of his place and duty. Com. ji. If an offence be committed by a member in the house, of which the house has cognizance, it is an infringe- ment of their right for any person or court to take no- tice of it, till the house has punished the offender, or referred him to a due course. Lex Part. 63. Privilege is in the power of the house, and is a re- straint to the proceeding of inferior courts ; but not of the house itself. 2 Nalson, 450. 2 Grey, 399. For whatever is spoken in the house is subject to the cen- sure of the house ; and offences of this kind have been severely punished by calling the person to the bar to make submission, committing him to the tower, ex- pelling the house, c. Scob. 72. L. Parl. c. 22. It is a breach of order for the speaker to refuse to put a question which is in order. 2 Hats. 175, 6. 5 Vrcy, 133. And even in cases of treason, felony, and breach of the peace, to which privilege does not extend as to substance, yet in parliament a member is privileged as to the mode of proceeding. The case is first to be laid before the house, that it may judge of the fact and of the grounds of the accusation, and how far forth the manner of the trial may concern their privilege. Otherwise it would be in the power of other branches of the government, and even of every private man, un- der pretences of treason, See. to take any man from his service in the house, and so as many, one after another, as would make the house what he pleaseth. Dec. of the Com. 071 the King's declaring Sir John Hot ham a traitor. 4 Bushw. 586. So when a member stood indicted for felony, it was adjudged thathe ought tore- main of the house till o nvirtion. For it may be any man's case, who is guiltless, to be accused and indict- D2 42 or the like crime. 1 D'Jtivcs, 283. col. 1. Lex. /'- When it is found | r the public ^ put a member under r when, :blic in- quiry, matte 1 out which may lead to after t the person of a member, it is the- nediutely to acquaint the house that they may know th< for such a proceeding, and take such steps as they tlfmk proper. 2 Hats. 259. Of which see many examples, Ib. 256, 257, 258. But the communication is subse- quent to the arrest. 1 Blackst- 167. It is highly expedient, says Hatsell, for the due pre- servation of' the privileges of the separate branches of the legislature, that neither should encroach on the other, or interfere in any matter depending before them, so as to preclude, or even to influence that free- dom of debate which is essential to a free council. They are therefore not to take notice of any bills or other matters depending, or of votes that have been given, or of speeches which have been held, by the members of either oi the other brain lies of the legis- lature until the same have been communicated to them in the usual parliamentary manner. 2 Hutu. 252. 4 '. 15. Seld. JucL 53. " Thus the king's taking no- tice of the bill, for suppressing soldiers, depending be- fore the house, his proposing a provisional clause for a bill before it was presented to him by the two houses ; his expressing displeasure against some persons for matters moved in parliament during the debate and preparation of a bill, were breaches of privilege ; 2 Mitson, 743 ; and in 1783, December 17, it was de- clared a breach of fundamental privi' port any opinion of the king, on any bill or proceeding depending in cither house of parliament, with a v'n-w to influence the votes of the members, 2 Hats. 251, 6. SEC. IV. ELECTIONS. The times, Jilaces, and manner of holding elections for senators and representatives, snail he firescrihrd in each State by the legislature thereof; but the Con- QUALIFICATIONS. 43 grew way at any time by law make or alter such re- gulations, excejit as to the filaces of choosing senators. Const. I. 4. Each house shall be the judge of the elections, re- turns, and qualifications of its own members. Const. SEC. V. QUALIFICATIONS. The Senate oj the United States shall be composed of two members from each State, chosen by the legisla- ture thereof for six years, and each senator shall have one -vote. Immediately after they shall be assembled in conse- quence of the Jirst election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the end of the 2d year ; of the second class at the expiration of the bth year ; and of the third class at the exfiiration of the Gt/iyear ; so that one-third may be chosen every second year; and if vacancies hafijien by resignation or otherwise, during the recess of the legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. JVb fierson shall be a senator who shall not have at- tained to the age of 30 years, arid been 9 years a cit of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be choseji. Const. I. 3, The House of Representatives shall be composed of members chosen every secojid year, by thefieofilc of the several States ; and' the electors in each State shall have the qualifications requisite for electors oj the most numerous branch of the State legislature. JVb fierson shall be a re/iresentative who shall not have attained to the age of 25 years, and been &< years a citizen of the United States, and who shall not, when elected, be an inhabitant oft/tat State in which he shall be chv 44 MANT'AI.. taxes shall be a/i/iordon- ed among' the several -S rh may be included within this I'liion, c um- bers ; which fshall be d to the whole number of free fiersons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other fiersons. The ac- tual enumeration shall be made within three y< after the first meeting of the Congress of the United States, and within every subsequent term of ten ij< in such manner as they shall by law direct." The number of representatives shall not exceed one for every thirty thousand, but each State shall huv at least one representative. Constitution of the O. States, I. 2. The provisional afifiortionments of representatives made in the constitution in 1787, and afterwards by Congress, were as follows : QUALIFICATIONS. 45 STATES. 1787. 1790. 1800. 1810. 1820.* Maine - - - 7 New-Hampshire 3 4 5 6 6 Massachusetts - 8 14 17 20 13 Rhode-Island - 1 2 2 2 2 Connecticut 5 7 7 7 6 New- York - - 6 10 17 27 34 New-Jersey 4 5 6 6 6 Pennsylvania - 8 13 18 23 26 Delaware - - 1 1 1 2 1 Maryland - - 6 8 9 9 9 Virginia - - 10 19 22 28 22 North-Carolina 5 10 12 13 13 South-Carolina 5 6 8 9 9 Georgia - - 3 2 4 6 7 Vermont - - 2 2 4 6 5 Kentucky - - 2 2 6 10 12 Tennessee - - 1 3 6 9 Ohio - - - - 1 6 14 Louisiana - - 1 3 Indiana - - - 1 3 Mississippi - - 1 1 Illinois - - - 1 1 Alabama - - 1 2 Missouri - - 1 When -vacancies hafi/ien hi the representation from any State, the executive authority // ivnts of election to Jill such vacancies I. Mb tenator or representative *hall t during the lime for which he tvas elected, be a/ to any c office under the authority of the United States, which shall have been created, or the emolunu shall have been increased, during such t . I no jierson holding any office under the :, 1659. Jan. 13. )ii ill, Seymour" 1'eb. 18. mour being ill, Sir Robert Sawyer chosen, 1678, April 15. Not merely pro temp .and. 169. 276, 277. Sawyer behi ill, Seymour cho- sen. Thorpe in execution, a new speaker chosen. 31 // VL 3 Grey, 11. and Mar. 14, 1694, Sir John Trevor chosen. There have been no later instances. 2 Hats. 161. 4 imt. 8 /,. Parl. 263. A speaker may be removed at the will of t a speaker pro tempore appointed. * 2 (*rcy, 186. 5 Grey, 134. ::. X. ADDRESS. The I'rrHiJmt shall, from time to time, (five to the s Information of the state of the Union, and recommend to their ttmtideration such nu\ shatt judge necessary and c.i'Jit-dient. Const. 1 1 A joint address of both Houses of Parliament is read by the S[)eaker of the House of Lords. It may be attended by both Houses in a mittee from each House, or by th in address of the House of Com: lv, may be presented by the whole II ijy the ;/, 473. 1 Chandler, 29S. by :hir niein'jer f the privv conn .78. * Ri The Vice-President. :it of the Senate, pro temporc, shall have t;. nic a in a the duties of the chair ; but W tilion sh COMMITTEES. 49 SEC. XL COMMITTEES. Standing Committees, as of Privileges and Elec- tions, &c., are usually appointed at the first meeting, to continue through the session. The person first named is generally permitted to act as chairman. But this is a matter of courtesy ; every Committee having a right to elect their own chairman, who pre- sides over them, puts questions, and reports their pro- ceedings to the House, 4 inst. 11, 12. Scob. 9. 1 Grey, 122. At these Committees the members are to speak standing, and not sitting : though there is reason to conjecture it was formerly otherwise. D'Etves, 630. col 1. 4. Parl. Hist. 440. 2 Hats. 77. Their proceedings are not to be published, as they are of no force till confirmed by the House. Rushw. part 3. -vol. 2. 74. 3 Grey, 401. Scob. 39. Nor can they receive a petition but through the House. 9 Grey, 412. When a Committee is charged with an inquiry, if a member prove to be involved, they cannot proceed against him, but must make a special report to the House ; whereupon the member is heard in his place, or at the bar, or a special authority is given to the Com- mittee to inquire concerning him." 9 Grey, 523. So soon as the House sits, and a Committee is noti- fied of it, the chairman is in duty bound to rise in- stantly, and the members to attend the service of the House. 2 Nab. 319. It appears that on joint Committees of the Lords and Commons, each Commit* \ in the fol- lowing instances : 7 Grt ?/, 261. 278. 285. 33cS. 1 Chand- ler, 357. 462. In the following i; appear whether they did or not : < 213. 229. 321.* * RULK 33. The foil consist of five mem: .1, shall be appointed at E 50 SEC. XII. COMMIT T KK OF Till. \VH< > The speech, messages, and other matters of concernment, are usualh d to a committee of the whole house, 6 Grey, oil. win-re general principles are digested in the form of n j, which are de- bated and amended till they get into a shape which meets the approbation of a majority. These being reported and confirmed by the house, are then refer- red to one or more select committees, according as the subject divides itself into one or more bills. Scob. 36. 44. Propositions for any charge on the people are es- pecially to be first made in a committee of the whole, the commencement of each session, with leave to re- port by bill or otherwise : A Committee on Foreign Relations. A Committee on Finance. A Committee on Commerce. A Committee on Manufactures. A Committee on Agriculture. A Committee on Military Affairs. A Committee on the Militia. A Committee on Naval Affairs. A Committee on Public Lands, A Committee on Private Land Claims. A Committee on Indian Affairs. A Committee of Claims. A Committee on the Judiciary. A Committee on the Post-Office and Po^.t Koadb. A Committee on Pensions. A Committee on the District of Columbia. A Committee of three nn dut\ it be to audit and control the contin the Senate. And a Committee, consisting of three mem': whose duty it shall be to examine all bil they go out of the pos- session of th- , and to mal, pt that they robbed; which n port shall be entered on thejournal. COMMITTEE OF THE WHOLE. 51 3 Hats. 127. The sense of the whole is better taken in committee, because in all committees every one speaks as often as he pleases. Scob. 49. They gene- rally acquiesce in the chairman named by the speaker; but,' as well as all other committees, have a right to elect one, some member, by consent, putting the ques- tion. Scob. 36. 3 Grey, 301. The form of going from the house into committee, is for the speaker, on motion, to put the question that the house do now resolve itself into a committee of the whole to take under considera- tion such a matter, naming it. If determined in the affirmative, he leaves the chair, and takes a seat d-e- where, as any other member ; and the person appoint- ed chairman seats himself at the clerk's table. Scob. 36. Their quorum is the same as that of the house ; and if a defect happens, the chairman, on a motion and question, rises, the speaker resumes the chair, and the chairman can make no other report than to inform the house of the cause of their dissolution. If a message is announced during a committee, the speaker takes the chair, and receives it because the committee cannot. 2 flats. 125, 126. In a committee of the whole, the tellers on a division, differing as to numbers, great heats and confusion arose, and danger of a decision by the sword. The speaker took the chair, the mace was forcibly laid on the table ; whereupon, the members retiring to their places, the speaker told the house * he had taken the chair without an order, to bring tin to order.' Some excepted against it ; but it was cr c >, . prov- ed as the only expedient to suppress the disorder. And every member was required, standing up in his ; to engage that he would proceed n<> further in con- sequence of what had happened in the grand com- mittee, which was dnne. ;> C A committee of the whole being broken up in disor- der, and the chair '. by the speaker with* order, the hoi. inied. 'i day the committee was consul- ', and the subject again before the house ; and < ided in the house, without returning into committee. 3 Grey, 130. 52 \u previous . 08. Hut it' they have gone through the matter referred to them, a member moves that the committee may rise, and the chairman report their proceedings to the house ; which being re- solved, the chairman rises, th sumes the chair, the chairman informs him that the committee have gone through the business referred to them, and that he is ready to make report when the house shall think proper to receive it. If the hou * ime to re- ceive it, there is usually a cry of * now, now,' v% upon he makes the report : but if it be late, the 'to-morrow, to-morrow,' or 'on Mon< motion is made to that effect, and a Question put that it be received, to-morrow, &c. Scob. 38. In other things the rules of proceeding are to be the same as in the house. Scvb. 3. SEC. XIII. EXAMINATION OF WITNESSES. Common fame is a good ground for the house to pro- ceed by inquiry, and e\ en to accusation. 7iY,so/////07i t C'jnim'jnN, 1 ('c a < peachment by the C'< mnu us. There it is ; quest. 3 Hats. 17. 9 Grnt, 306. 406. 10 Urnj, 133. Counsel are to be heard onlv on private, not <-n pub- lic bills, and on such points of law onh shall direct. 10 Grey, 61. SEC. XIV. ARRAN(;i MENT OF BUS1N; The Speaker is not precisely bound t< to what bills or other n ' taken u, is left to his own discretion, unless the H< tion decide to take up aparticular subject. //.. 54 MANUAL. A settled order of business is, however, necessary for the government of tli .ng person, and to re- strain individual meml> ; ing up favorite measures, or matters under their special patronage, out of their just turn. It is useful also fur directing the discretion of the House, when they are moved to take up a particular matter, to the prejudice of others hav- ing pri< ight to their i in the general order of business. In Senate, the bills and other pa/icrs ivhich are in possession of the House, and in a state to be acted on, are arranged every morning, and brought on in the following order. \. Kills ready for a second reading are read, that they may be referred to Committees, and so be put under 'way. I3ut if, on their being read, no motion is made for commitment, they are then laid on the table in the general file, to betaken up in their just turn. 2. Ajter twelve o'clock, bills ready for it are put on their jiassage. 3. Report* in possession of the House, ivhich offer grounds for a bill, are to be taketi up, that the bill may oe ordered in. 4. Bills, or other matters before the House, andun- fijiished on the preceding day, ivhether taken up in turn, or on special order, are entitled to be resumed and passed on through their present stage. 5. These matters being despatched, for fire/taring and expediting business, the general file of bills and other papers is then taken up, and each article of it is brought on according to its seniority, reckoned by the date of its first introduction to the House. Itejiorts on bills belong to the dates of their bills. [ The arrangement of the business of the Senate is now as follows : 1. Motions/;: '[i submitted. 2. Reports of Committees previously made. 3. Jiil/s from the Houxc >,f lit /in tentative, and those introduced ay take notice who it is that speaks. Scob. 6. LPvfC9 9 4l7* Col. 1. 2 Hats. 77. 4 Grey, 66. 8 Grey, 108. But mcml who are indisposed may be indulged to speak sitting. 2 Hats. 75. 77. 1 Grey, 195. In Senate even/ member when he sfieaks, shall ad- dress the chair landing in his/ilace, and 'when he has fin ifihcd shall .v/7 do wn . R u I When a member stands up to speak, no question is to be put, but he is to be heard, unless the house o-. rule him 4 Grey, 390. 5 (jrey, 6. 143, ORDER IN DEBATE. 57 If two or more rise to speak nearly together, the er determines who was fir.^t up, and calls him by name, whereupon he proceeds, unless he voluntarily sits down and gi\ es way to the other. But sometimes the house does not acquiesce in the speaker's decision, in which case the question is put, ' which membe first up ? ' 2 Hats. 76. Scob. 7. D'Ewes, 434. cot. 1, 2. In the Senate of the United States, the Preside?it's decision is without appeal. Their rule is in these words : when two members rise at the same time, the President shall name the person to speak ; but in all cases the member 'who shall first rise and address the chair shall speak firzt. Rule 5. No man may speak more than once to the same bill on the same day ; or even on another day, if the de- bate be adjourned. But if it be read more than once in the same day, he may speak once at every reading. Co. 12, 115. Htkcw. 148. Scob. 58. 2 Hats. 75. Even a change of opinion does not give a right to be heard a second time, Smyth Comw.JL.2. c. 3.drcan.Parl. 17. The corresponding rule of Senate is in these words : no member shall speak more than twice in any one de- bate, on the same day, without leave of the Senate. Rule 4. But he may be permitted to speak again to clear a matter of fact, 3 Grey, 357. 416. Or merely to ex- plain himself, 2 flats. 73. in some material part of his speech, ib. 75, or to the manner or words of the ques- tion, keeping himself to that only, and not travelling into the merits of it ; J\f< -mortals in Hakew. 29 ; or to the orders of the house if they be tr keep- ing within that line, and not tailing into the matter it- self. Mrm. Ifukc-ii\ 30, 31. But if the speaker rises to speak, the member stand- ing up ought to sit down, that he may be first 1. Town. col. 205. Hale part. 13;>. Mrm. in H 30, 31. Nevertheless, though the speaker may of right speak to matters of order, and be first heard, he is re- strained from speaking on any other subjr where the house have occasion for facts within his knowledge ; then he may, with their leave, state the matter of fact. 3 Grey, 38. 58 \r\i-. -me is to speak impertinently or beside the ques- tion, superfluously or flats. 166. NOJ .ecentlar -'.the pro- ceedings of the house, no prior determination <>f which is to be reflected on by am to conclude with a motion to rescind it. 2 Ilats. 169, 170. jKz/.s' l./o/. 42. But while a pr tion under consideration, is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the house. 9 Grey, 508. No person, in speaking, is to mention a member then present by his name ; but to describe him by hi in the house, or who spoke last, or on the other side of the question, &c. Mem. in Hukew. 3. Smyth's Comw. L. 2. c. 3. nor to digress from the matter to fall upon the person ; Scab. 31. Hale fiarl 133. 2 Hats. 166, by speaking, reviling, nipping, or unmannerly words against a particular member. Smyth Comw. L. 2. c. 3. The consequences of a measure may be reprobated in strong terms ; but to arraign the motives of those who propose to advocate it, is a personality, and against or- der. Qui digreditur a materia ad personam, Mr. Speaker ought to suppress. Orel. Com. 1604. Afir. 19. When a member shall be called to order by the Pre- sident or a Senator he shall sit down ; and every (/uea- tion of order shall be decided by the President without debate subject to an afifieal to the Senate : and the President may call for the sense of the Senate on a?jy question of order. ' Rule 6. JVb member shall sfieak to another, or otherwise in- trrrufit the bminesH of the > r read any printed fiufier while the journals or fiublic fnifirr '/"Kf, or when any member in s/icukiii!* in atiy debate. Rule 2, No one is to disturb another in his speech by hissing, coughing, spitting, 6 Grey, 332. Scob. 8. D'2 other. ,, 487. r. interrupt him ; Town. col. 205. Mem. in Hakcw. 31, ORDER IN DEBATE. 59 nor to pass between the speaker and the speaking member, nor to go across the house, Scob. 6. or to walk up and down it, or to take books or papers from the table, or write there. 2 Hats. 171. Nevertheless, if a member finds thai it is not the in- clination of the house to hear him, and that by conver- sation or any other noise they endeavor to drown his voice, it is his most prudent way to submit to the plea- sure of the house, and sit down ; for it scarcely ever hap pens that they are guilty of this piece of ill manners without sufficient reason, or inattentive to a member who says any thing worth their hearing. 2 Hats. 77, 78. If repeated calls do not produce order the speaker may call by his name any member obstinately persist- ing in irregularity, whereupon the house may require the member to withdraw. He is then to be heard in exculpation, and to withdraw. Then the speaker states the offence committed ; and the house considers the degree of punishment they will inflict. 2 Hats. 167, 7, 8. 172, For instances of assaults and affrays in the House of Commons, and the proceedings thereon, see 1 Pet. Misc. 82. 3 Grey, 128. 4 Grey 328. 5 Grey, 382. 6 Grey, 254. 10 Grey, 8- Whenever warm words, or an assault have passed between members, the house, for the protection of their members, requires them to de- clare in their places not to prosecute any quarrel, 3 Grey, 128. 293. 5 Grey 289; orders them to attend the speaker who is to accommodate their differences and report to the house; 3 Grey, 419. and they are put un- der restraint if they refuse, or until they do. 9 (.- 234. 312. Disorderly words are not to be noticed till the mem- ber has finished hi \ 6 Grey, 60. Then the person objecting to them, and desiring them to be taken down by the clerk at the table, must repeat them. The speaker then mav direct the clerk to take them down in his minutes. Hut if he thinks them not disorderly, he delays the direction. It the call bee pretty general, he orders the clerk to take them d as stated by the objecting member. They are then part 60 \NUAL. of his minutes, and when read to the offending mem- ber, he may deny tl, must then dccid- his wordsornot. Then the: !iem, or 'lain the sense in which lie used tin If the h< .tisfied, no farther sary. But it' two members still insist to t;. < use of the house, the member must withd: 'hat question is stated, and then the sense of the house is to be taken- 2 Hats. 199. 4 Grey, 170. < 5 l .. "When any member has spoken or other busine vened, after offensive words spoken, they cannot be taken notice of for censure. And this is for the r mon security of all, and to prevent mistakes which must happen if words are not taken down immediately. Formerly they might be taken down at any time the same day. 2 flats. 196. Mem. in Hakenv. 71. 3 GY 48. 9 Grey, 514. Disorderly words spoken in a committee must be written down as in the house ; but the committee can only report them to the house fbl . 6 Grey, 46. The rule of the Senate says, If the member be call- ed to order by a Senator, for words xjwkeu, tli tionable words shall immediately be taken doiv?; writing, that the President may he I abled to judge of the matter. ]iulc 7. In parliament, to speak irreverently or seditiously against the king is against order. Smith 9 a C'c 2. c. 3. 2 flats. 170. It is a breach of order in del* tice what has been said on the same subject in the other house, or the particular v t< , or majorities on it tin the opinion of e ..nuhl be left to its own ii, pendency, n<.l t be infill y tin- pi the other ; and the quoting t lions h Hiding 1 ihe two hou authority ber or oilker of the other, but should complain to I ORDER IN DEBATE. 61 house of which he is, and leave the punishment to them. VV here the complaint is of words disrespect- fully spoken by a member of another house, it is dif- cult to obtain punishment, because of the rules sun- posed necessary to be observed (as to the immediate noting down of words) for the security of members. I nerefore it is the duty of the house, and more particu- irly of the speaker, to interfere immediately, and not o permit expressions to go unnoticed, which may eive J ground of complaint to the other house, and intro- :e proceedings and mutual accusations between the two houses, which can hardly be terminated without difficulty and disorder. 3 Hats. 51. No member may be present when a bill or any busi- es concerning himself is debating; nor is any member ^n pea ^u the merits of * tiu hc withdraws. 2 Hats. I he rule is, that if a charge against a member out of a report of a committee, or examination of witnesses m the house, as the member knows fr,m that o what points he is to direct his exculpation, he may heard to those points, before any question is me or stated against him. He is then to be heard, and aw before any question is moved. But if the question itself is the charge, as for breach of order, ni- ter arising in the debate ; there the charge i teg, that is, the question must be heard, and then to withdraw. 2 Hats. J v\ here the private in terests of a member are concern- i bill or question, he is to withdraw. And \v! D an interest has appeared, his voice lowed, even after a division. In a case so com [ily to the laws of decency, but to the fundamei cipleofthe social compact, which e a judge in his o\\ the house that this rule, ;f inr should he strictly adhered tp. 2 Hats. 119. 121. 6 ;er is Income into tlu covered, nor ton i^^ Ins hat on, nor is to put mi his hat moving until he be set down in his i Scob 6. F 62 MANUAL. A question of on icljourncd to give time to look into preceden* ; 18. In parliament, all de i' the speaker may be controlled by the hou- .319. SEC. XVIII, ORDERS OF THE HOUSE. Of right, the door of the house ought not to be shut, but to be kept by porters, or scrgeants-at-arms. signed for that purpose. Mod. ten. Part. By the. rules of the Senate, on motion made and seconded to shut the doors of the Senate on the discus- sion of any business, which may in the opinion of a member, require secrecy, the President shall direct (he gallery to be cleared, and during the discussion of such motion, the doors shall remain shut. Rule 18. JVb motion shall be deemed in order to admit any person or persons whatever within the doors of (he Senate chamber, to present any petition, memorial, or address, or to hear any such read. Rule The only case where a member has a right to insist on any thing, is where he calls for the execution of a subsisting order of the House. Here, there having been already a resolution, any person has a right to in- sist that the Speaker, or any other whose duty it is, shall carry it into execution ; and no debate < >r d be had on it. Thus any member has a right to h the house or gallery cleared of strangers, an order isting for that purpose; or to have the house told when there is not a quorum present. 2 Hats. 87. 129. II far an order of the House is binding, see Hakew But where an order is made that any particular niat- !>e taken up on a particular day, there- a qn to be put when it is called for, whether th will now proceed to that matter? Wh : the day on important or interesting matter, they ought to be proceeded on till an hour at which the hou- !y full, C which in Senate in at ?iow. ) Order* of the day may be discharged at any time.and a new 01 i drey, 4.x When a session is drawing to a close, and the impor- PETITIONS. 63 tant bills are all brought in, the house, in order to pre- vent interruption by further unimportant bills, some- times come to a resolution that no new bill be brought in except it be sent from the other house. 3 Cam/, 156. All orders of the House determine with the session; and one taken under such an order may, after the ses- sion is ended, be discharged on a habeas corpus. Raym. 120. Jacob's L. D. by Ruff head. Parliament, 1 Lev. 165, Prichard's case. Where the constitution authorizes each House to determine the rules of its proceedings, it must mean in those cases legislative, executive, or judiciary, sub- mitted to them by the constitution, or in something relating to these, and necessary towards their execu- tion. But orders and resolutions are sometim: tered in the journals, having no relation to these, such as acceptances of invitations to attend orations, to take part in processions, &c. These must be un- derstood to be merely conventional among those ivho are willing to participate in the ceremony, and are therefore perhaps improperly placed among the re- cords of the House. SEC. XIX. PETITIONS. A petition prays something. A remonstrance has no prayer. 1 Grey, 58. Petitions must be subscribed by the petitioners. Scob. 87. L. Par I. c. 22. 9 Grey, 362, unless tin attending, 1 Grey, 401. or unable to sign, and a\ by a member. /, 418- But a petition not sub- scribed, but which the member presenting it affirmed to be all in the hand writing of the petitioner, and his name written in the beginning, was on the q\: (Mar. 14, 1800) received by the v i ment of a member, or of somebody without doors, that they know the hand writing of the petitioners, is neo if it be questioned. 6 Grey, 36. It must be presented by a member not by tlu 1 must be opened by him, holding it in his hand. 10 ( Before any petition or memorial addressed to the Senate shall be received and read at the table, whether 64 \NUAL, the same shall be introd r >r a 7jiernb(T 9 a brief statement of the content* of the fir- 'ally be made 'bij the in- troducer. Rule ularly a motion for ! ; it must be made and seconded, and a question put whether it shall be rece But a cry from the II ; d," or even its silence, dispenses with the formality of this question. It is then to be read at the table and dis- posed of. SEC. XX. MOTIONS, When a motion has been made, it is not to be put to the question, or debated until it is seconded. Scob. 21. The Senate say no motion shall be debated until the same shall be seconded. Rule 6. It is then and not till then in possession of the house, and cannot be withdrawn but by leave of tin- hn It is to be put into writing, if the hou quire it, and must be read to the 1 iker as often as any member desires it for his information. 2 Hats. 82. The rule of the Senate is, 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 by the president beT< shall be debated, Rule 7. It mi^ht be asked whether a motion for adjournment or for the orders of th< be made by one men, ? It cannot. Whentwomem- inl, and it ih ;j)t him, un- m to order if he de-parts frnm it. And ing decided, he is still t<> imcnt, or f- r the der of t : ; the.. No motion can 1 without rising and ad ir. Such < themselves b which, though the niein- M if ini- BILLS, LEAVE TO BRING IN. 65 patience of the house against further debate, yet, if he chooses, he has a right to go on, SEC. XXI. RESOLUTIONS. When the house commands, it is by an ' order,' But facts, principles, their own opinions and purposes, are expressed in the form of resolutions. A resolution, for an allowance of money to the clerks, being moved, it was objected to as not in order, and so ruled by the chair. But on an afifieal to the Senate [i. e. a call for their sense by the President on account of doubt in his mind according to Rule 6.] the decision was overruled. Journ. Sen. June 1, 1796. / presume the doubt was whether an allowance of mo- ney could be made otherwise than by bill. SEC. XXII. BILLS, Every bill shall receive three readings, previous to its being passed ; and the president shall give notice at each whether it be the 1st, 2d, or 3d ; which readings shall be on three different days, unless the Sei unanimously direct otherwise. Rule 26. SEC. XXIII. BILLS, LEAVE TO BRING IN. One day's notice, at least, shall be given of an in- tended motion for leave to bring in a bill. RuK When a member desires to bring in a bill on any subject, he states to the house in general U causes for doing it, and concludes by moving for K to bring in a bill entitled, cc. Leave being t; the question, a committee is appointed to prcj bring in the bill. The mover and seconder are ah appointed of this committee, and one or more in dition. Hakew. 132. Scob. 40. It is to be presented fairly written, without am sure or interlineation, or the r may refuse it. Scob. 41. 1 Grey, 82. 84. F 2 66 ay. mi. ISTREADI \\'hcn a bill is first presented, the clerk at the table, and 1) the house the title of the bill, tha- ime of r r . and the question will be win nail be read 1 time ? Then sitting opening is, if nom and puts the question whether it shall be r time? Ha k civ. 137. 141. A bill cannot at the first reading ; 6 (Jreit, 286; nor is it usual t to be opposed then : but it may be done, and \ D'JSwcs, 335. col 1. 3 Hats. "198. SEC. XXV. BILLS, SECOND READING. The second reading must regularly be on another Ilakciu. 143. It is done by the clerk at the table, w then hands it to tin states to the hoi; le of the bill, that 1 1 , ' second time of reading it, and tl: be, whether it shall be commitu read a third time ? But if the bill came from the other house, as it always comes engrossed, In that the question will be, v. ' third time ? and before he hath so reported the state of the bill, r. c-ak to it. Hak<\ M6. In the Senate of the United States, the / jiortft the title of the bill, that this is the second time of .'7, that it is now to be coi. a coni- ?n Hire //" the ivlt it may be rcj> rt-d t'j ' committee? I. B1LI i m(/, n-d BILLS, COMMITMENT. 67 committee. If the latter, the speaker proceeds to name the committee. Any member also may name a single person, and the clerk is to write him down as of the committee. But the house have a controlling over the names and number, if a question be m< one, and may in any case put in and put out whom they please. Those who take exceptions to some particulars in the bill, are to be of the committee. But none who speak dir< . : nst the body of the bill. For he that would totally destroy, will not amend it. Ilakeiv. 146. 71- coll. 208. D'Eives y 63 1. col. 2. Scob. 47. or as is s 5 Grey, 145, the child is not to be put to a nurse that cares not for it. 6 Grey, .373. It is therefore a cons: rule 'that no man is to be employed in any matter wh' , lared himself against it.' And when . member who is against the bill hears himself named of its committee, he ought to ask to be excused. Thus, March 7, 1606, Mr. Hadley was, on the question's be- ing put, excused from being of a committee, declaring himselfto be against the matter itself. Scob. 46. No bill skull be committed or amended until it sJm/I In-- twici In lumber* nfCfssar .slid// />,' , >t t and a i r^inniit' muff .-..'" The clerk may deliver the bill to an r of the commit' col. 138. But it is \. deliver it to him who is first n:-.. Ins KIS ordered a committ withdraw in to the c and Scob. 48. Ar.cmmi" for hen to- 68 MANUAL. gather, and not by separate consultation and con- sent, nothing being the report of the committee but what has been agreed to in committee actually assem- bled. A majority of the committee constitutes a quo- rum for business. Elsynge's method of passing bills, Any member of the house may be present at any select committee, but cannot vote, and must give place to all of the committee, and sit below them. Elsvnge, 12. Scob. 49. The committee have full power over the bill, or other paper committed to them, except that they can- not change the title or subject. 8 Grey, 228. The paper before a committee, whether select, or of the whole, may be a bill, resolutions, draught of an address, 8cc. and it may either originate with them, or be referred to them. In every case, the whole pa- per is read first by the Clerk, and then by the chair- man by paragraphs, Scob. 49. pausing at the end of each paragraph, and putting questions for amending, if proposed. In the case of resolutions on distinct sub- jects, originating with themselves, a question is put on each separately, as amended, or unamended, and no final question on the whole : 3 Hats. 276. but if they relate to the same subject, a question is put on the whole. If it be a bill, draught of an address, or other paper originating with them, they proceed by paragraphs, putting questions for amending, either by insertion or striking out, if proposed : but no ques- tion on agreeing to the paragraphs separately. This is reserved to the close, when a question is put on the whole, for agreeing to it as amended, or unamended. But if it be a paper referred to them, they proceed to put questions of amendment, if proposed, but no final question on the whole: because all parts of the paper having been adopted by the House, stand of course, unless altered, or struck out by a vote. Even if they are opposed to the whole paper, and think it cannot be made good by amendments, they cannot reject it, but REPORT OF COMMITTEE. 69 must report it back to the house without amendments, and there make their opposition. The natural order in considering and amending any paper is, to begin at the beginning, and proceed thro* it by paragraphs ; and this order is so strictly adhered to in parliament, that when a latter part has been amended, you cannot recur back and make any alte- ration in a former part. 2 Hats. 90. In numerous as- semblies, this restraint is doubtless important : But in the Senate of the United States, tiiough in the main we consider and amend the paragraphs in their natural order, -yet recurrences are indulged : and they seem, on the whole, in that small body, to produce advan- tages o~uerweighing tlieir incon~veniencef}. To this natural order of beginning at the beginning, there is a single exception found in parliamentary usage. When a bill is taken up in Committee, or on its second reading, they postpone the preamble, till the other parts of the bill are gone through, The rea- son is, that on consideration of the body of the bill such alterations may therein be made as may also oc- casion the alteration of the preamble. Scob. 50. 7 Grey, 431. On this head the following case occurred in the Se- nate, March 6, 1800: A resolution, which had no pre- amble, having been already amended by the House so that a few words only of the original remained in it, a motion was made to prefix a preamble, which having an aspect very different from the resolution, the mo- ver intimated that he should afterwards propose a correspondent amendment in the body of the resolu- tion. It was objected that a preamble could not be taken up till the body of the resolution is done with. But the preamble was received : because we are in fact through the body of the resolution, we have amended that as far as the amendments have been offered, and indeed till little of the original is left. It is the proper time, therefore, to consider a preamble: and whether the one offered be consistent with the re- solution, is for the House to determine. The mover indeed has intimated that he shall offer a subsequent 70 MANUAL. proposition for the body of the resolution ; but the House is not in possession of it ; it remains in his breast, and may be withheld. The rules of the House can only operate on \vh:it is before them. The prac- tice of the Senate, too, allows r es backwards and forwards forthejiurjioxcs of amendment, ?iotficr- mitting amendments in a subsequent, to preclude those in a prior fiart^ or e converso. When the Committee is through the whole, a men-,- ber moves that the Committee may rise, and the chairman report the paper to the House, with or out amendments, as the case may be. 2 Hats. 289, 292. Scob. 53. 2 Hats. 290. 8 AcoA. 50. When a vote is once passed in a Committee, it can- not be altered but by the House, their votes being binding on themselves. 1607, Jnii The Committee may not erase, interline, or blot the bill itself ; but must, in a paper by itself, set down the amendments, stating the words whirh are to 1 serted or omitted, Scob. 50. and where, by references to the page, line, and word of the bill. Scob. 50. SEC. XXVII. REPORT OF COMM1TT1 The chairman of the Committee, standing in his place, informs the House that the Committee, to whom was referred such a bill, have, according to or- der, had the same under consideration, and ha\ rected him to report the same without any amend- ment, or with sundry amendments, (as the be,) which he is ready to do when the H< use j.' to receive it. And he, or any oilier, may : it be now received. But the cry of * nowi now,' from the House, generally dispenses with the form:-.: a motion and question. lie then reads th- ments, with the coherence in the bill, and rp-ns the .tions, and the reasons of the Commits amendments, until he has U.-OHL- thl He then delivers it at tin amendments i ; )y the ( thout the coherence, whereupon the papers lie up BILL, 1< ble till the House at its convenience shall take up ihc report. Scob. 52. hakeiv. 148. The report being made, the Committc* and can act no more without a new p< >1. But it may be revived by a vote, and the - recommitted to them. 4 Grey, 361. SEC. XXVIII. BILL, RECOMMITMENT. After a bill has been committed and re] ought not, in an ordinary course, to be rec But in cases of importance, and tor spt is sometimes recommitted, and usually to the s Committee. Hakcw. 151. If a report be recommit! before agreed to in the House, -what ha- Committee is of no validity 5 the whole again before the Committee, and a new resolutu must be again moved, as if nothing had passed. Hats. 131. note. In Senate, January, 1800, the salvage bill wai r committed three times after the commitment. A narticularclause of a bill may be committed wit! out the whole bill. 3 Hats. 131. or so much of a paper to one, and so much to another committee. XXIX. BILL, REPORT TAK1.N IT. When the report of a paper originating with a com- mittee is taken up bv the House, they proceed as in committee. Here, as in committee, * paragraphs have, on distinct questions, b riatim, 5 Grey, 366. 6 Grey. 068 8 Gtry, 47. 104. 360. 1 TorBuck'* deb. 125 question needs be put on the whole repoi " 8 0n taking up a bill reported with am. the amendmentscily are read by the Clerk. 1 then reads the first, and puts it to the question,^ on till the whole arc adopted or reje< other amendment be admitted, exc ment to an amendment. EUyng* * lfm ' ** " " 72 MANUAL, through the amendments of the committee, the Speak- er pauses, and gives time for amendments to be pro- posed in the House to the bixly < ith- out utility. But suppose a motion to amend a motion for postponement, as to one day instead of another ; or to a special, instead of an indefinite time. The use- ful character of amendment gives it a privilege of at- taching itself to a secondary and privileged motion. That is, we may amend a postponement of a main question. So we may amend a commitment of a main question, as by adding, for example, 'with instruc- tions to inquire, &c.' In like manner, if an amend- ment 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 M. Q. 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 must be sought by deciding against the amend- ment to the amendment, and t ing it again us it was wished to be amended. In this form it becomes only an amendment to an amendment. THE PREVIOUS QUESTION. S3 When motions are made for reference of the samt subject to a select committee, and to a standing com- mittee, the question, on reference to the standing com- mittee, shall be tint put. Rule 35. In filling a blank with a sum, the largest eum shall be first put to the question by the loth rule oj the Senate,* contrary to the rule of parliament, which pri- vileges the smallest sum and longest time. 5 Grey, 179. 2 Hats. 8. 83. 3 Hats, 132, 133. And this is consid- ered to be not in the form of an amendment to the ques- tion but as alternative or successive orignals. 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 commit- tee, amount of a fine, term of an imprisonment, terra of an irredeemability of a loan, or the terminus in quern, in any other case. Then the question must be- gin a maximo. Or whether the lesser includes the greater, as in questions on the limitation of the rate of interest, on what day the session shall be closed by ad- journment, on what day the next shall commence, when an act shall commence, or the terminus a quo in any other case, where the question must begin a minimo. The object being not to begin at that extreme, which, and more, being within every man's wish, no one could 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 ad- vance 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, 365. Another exception to the rule of priority is when a motion has been made to strike out, or agree to a para- graph. Motions to amend it are to be put to the ques- tion before a vote is taken on striking out, or agreeing to the whole paragraph. But there are several questions, which, being inci- * In filling up blanks, the largest sum and longest time shall be first put. Rule 13. 84 MANUAL. dental to every one, will take place of every one, privi- leged or not ; to wit, a question of order arising out of any other question, must be decided before that ques- tion. 2 Hats. 88. A matter of privilege arising out of any question, or from a quarrel between two memb^ t y 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, SEC. XXXIV. 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 question is to be put immediately, and no man may speak any thing further to it, either to add or alter. Memor* in Hakew. 28. 4 Grey, 27. The previous question being moved and seconded, the question from the chair shall be, ' Shall the main question be now put ? ' and if the nays prevail, the main question shall not then be put. This kind of question is understood bv Mr. Hataell 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 main question be put ? ' A determination in the ne- gative suppressed the main question during the session; but since the words * now put ' are used, they exclude it for the present only. Formerly indeed only till the present debate was over ; 4 Grey, 43; but now for that day and no longer. 2 Grey t il3, 114, PRIVILEGED QUESTIONS, 85 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. . 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 propos- ed : 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 ex- tended abusively to other cases : but in these it has been an embarrassing procedure : its uses would be as well answered by other more simple parliamentary forms, and therefore it should not 1 I d, but re- stricted within as narrow limits as possible. Whether a main question may be amended after the previous question on it has been moved and seconded ? 2 Hats. 88. says, if the previous question has been moved and seconded, and also proposed from the chair, (by which he means stated by the Speaker for debate,) it has been doubted whether an amendment can be ad- mitted to the main question. He thinks it may, after the previous question moved and seconded ; but not af- ter 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 rs the main question, by dividing its friends, some of whom may choose it unamended, rather than lose it alto- gether : while others of them may vote, as Hatsell ad- vises, that the main question be not now put, with a view to move it again in an amended torm. The enemies of the main question, by this manoeuvre to the previous question, get the enemies to the amendment added to them on the first vote, and throw the friends n 86 MANUAL. of the main question under the embarrassment of rat-* lying again as they can. To support his opinion, too, he makes the deciding circumstance, whether an amendment may or may not be made, to be, that the previous question has been proposed from the chair- But, as the rule is that the house is in possession of a question as soon as it is moved and seconded, it cannot be" more than possessed of it by its being also proposed from the chair. It may be said, indeed, that the ob- ject of the previous question being to get rid of a ques- tion, which it is not expedient should be discussed, 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 pre- vious question be defeated, by moving the amended question, as Mr. Hatsell proposes, after the decision against!putting the original question. He acknowledg- es, too, that the practice has been to admit previous amendment, and only cites a few late instances to the contrary. On the whole, I should think it best to de- cide it ab inconvenienti, to wit ; which is most incon- venient, to put it in the power of one side of ihe house to defeat a proposition by hastily moving the previous question, and thus forcing the main question to be put unamended ; or to be put in the power of the other side to force on, incidentally at least, a discussion which would be better avoided ? Perhaps the last is the least inconvenience ; inasmuch as the speaker, by con- fining the discussion rigorously to the amendment only, may prevent their going into the main question, ana inasmuch also as so great a proportion of the cases in which the previous Question is called for, are fair and proper subjects of public discussion, and ought not to be obstructed by a formality introduced for ques- tions of a peculiar character. SEC. XXXV. AMENDMENTS. On an amendment being moved, a member who ha* spoken to the main question may speak again to the amendment. Scob. 23. AMENDMENTS, 87 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 speak- er 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 im- portant modifications, and suppress, instead of sub- serving, 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 it 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. 192. If it be proposed to amend by leaving out certa n words, it may be moved as an amendment to this amend- ment to leave out a part of the words of the amendment, which is equivalent to leaving them in the bill. 2 Ha(9. 60, 9. The parliamentary question is, always, whether the words shall stand part of the bill ? When it is proposed to amend by inserting a para- graph, 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. It it be received, it cannot be amended afterwards, in the same stage; be- cause 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 paragraph are first to make it as perfect as they can by amendments, be- fore the question is put for striking it out. If on the question it be retained, it cannot be amended after- wards : because a vote against striking out is equiva- lent to a vote agreeing to it in that form. When it is moved to amend, by striking out certain words, and inserting others, the manner of stating the question is first to read the whole p;i^,u;e to be ai ed as it stands at present, then the ed to be struck out, next those to be inserted, and lastly the whole passage as it will be when amended. And the question, if desired, is then to be divided, and put first 88 MANUAL. on striking out. If carried, it is next inserting the words proposed. If that be lost, it may be moved to insert others. 2 Hats. 80, 7. A motion i> made to amend b) -triking out certain words, and inserting" which is negatived. Then it is moved the same Avords, and to insert others of a ten< from those first proposed. It is negatived. Then it is moved to strike out the same and insert no- thing, which is agreed to. All this is admissible ; be- cause to strike out and insert A, is one proposition. To strike out and insert B, is a different proposition. And to strike out and insert nothing, is still different. And the rejection of one proposition does not preclude the offering a different one. Nor would it change the case were the first motion divided by putting the ques- tion 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 re- jecting A. * In the case of a division of the question and a de- cision against striking out, I advance doubtingly the opinion here expressed. I find no authority either way ; and I know it may be viewed under a dill t It may be thought that, having decided rately not to strike out the for striking out cannot be put " h with v to a different insertion. Still 1 think it more i iking out, and insertion, as forming < n ; but should read) v evidence that the contrary is the practice in Parliament, AMENDMENTS. 89 After A is inserted, however, it may be moved to strike out a portion of the original paragraph, compre- hending A, provided the coherence to be striu i be so substantial as to make this effectively a difi 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. In Senate, January 25, 1798, a motion to postpone until the second Tuesday in February some amend- ments proposed to the constitution ; the words "until the second Tuesday in February" were struck out by way of amendment. Then it was moved to add, "until the first day of June." Objected that it ^vas 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 mo- tion may be received to insert any other. In fact, it is not until they are struck out, and a blank for the time thereby produced, that the rule can begin to operate, by receiving all the 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 in February," and inserting instead thereof "the first of June." It would have been regular, then, to divide the question, by proposing first the question to strike out, and then that to insert. Now this is precisely the effect of the present proceeding ; only instead of one motion and two questions, there are two motions and two ques- tions, to effect it ; the motion being divided as well as the question. H 2 90 MANUAL. 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. S^> it' 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 insert- ing it in the place desired. A bill passed by the one House with blanks. These may be filled up by the other by way of amendments, returned to the first, as such, and passed. 3 Hats. 83. The number prefixed to the section of a bill, being merely a marginal indication, and no part of the text of the bill, the clerk regulates that the House or com- mittee is only to amend the text. SEC. XXXVI. DIVISION OF THE QUESTION. If a question contain more parts than one, it may be divided into two or more questions. Mem. in Hakeiv* 29. But not as the right of an individ , >er, but with the consent of the House. For who is to decide whether a question is complicated or not? where it is complicated? 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 question: 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 Cirey, 444. So 1739, April 17, on an objection that a question was complicated, it was separated by amend- t. 2 Huts. 79. The soundness of these observations will be evident from the embarrassments produced by the 12th rule of the Senate, wi , " if the question in debate contain several points, any member may have the same divided." DIVISION OF THE QUESTION. 91 1798, May 30, the alien bill in quasi-committee. To a section and proviso in the original, had been added two new provisoes by way of amendment. On a mo- tion to strike out the section as amended, the question was desired to be divided. To do this it must be put first on striking out either the former proviso, or some distinct member of the section. But when nothing re- mains but the last member of the section and the pro- visoes, they cannot be divided so as to put the last member to question by itself; for the provisoes might thus be left standing alone as exceptions to a rule when the rule is taken away; or the new provisoes might be left to a second question, after having been decided on once before at the same reading; which is contrary to rule. But the question must be on striking out the last member of the section as amended. This sweeps away the exceptions with the rule, and relieves from incon- sistence. A question to be divisible, must compre- hend 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. 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 4 parts, the 4th taking in the words 'conforming himself,' &c. It was ob- jected that the words any alien merchant' could not be separated from their modifying words conform- ing, 'See. because these words, "if left by themseh containing no substantive idea, will make no sense. But admitting that the div isions of a ] h into sepa- rate questions must be so made as that each part may stand by itself, yet the house having, on the ques- tion, retained the two first divisions, the words ' any alien merchant* may be struck out, and their modify- ing words will then attach themselves to the preced- 93 MANUAL, ing description of persons, and become a modification of that description. When a question is divided, after the question on the 1st number, the 2d is open to debate and amendment : because it is a known rule that a pervn m:i\ rise and speak at any time before the question lias been com- pletely decided, by putting the negative as well as affir- mative 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. Joum. June 25, 1795. The same decision by President Adams. SEC. XXXVII. CO-EXISTING QUESTIONS. It may be asked whether the house can be in posses- sion of two motions or propositions at the same time ? So that, one of them being decided, the other goes to question without being moved anew ? The answer must be special. When a question is interrupted by a vote of adjournment, it is thereby removed from before the house, and does not stand ipso facto before them at their next meeting: but must come forward in the 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. . the previous question, postpone- ment, or commitment) remove it from before the house. But it is only suspended by a motion to amend, to with- draw, to read papers, or by a question of order or pri- vilege, and stands again before the house when these are decided. None but the class of privileged ques- tions 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. SEC. XXXVIII. EQUIVALENT QUESTIONS. If, on a question for rejection, a bill be retained, it passes of course to its next reading. Hakenv. 141. Scab. 42. And a question for a second reading, deter- EQUIVALENT QUESTIONS. 93 mined negatively, is a rejection without farther ques- tion. 4 Grey, 149. And see ElsyngSs Memor. 42, in what cases questions are to be taken for rejection. Where questions are perfectly equivalent, so that the negative of the one amounts to the affirmative of the other, and leaves no other alternative, the decision of the one concludes necessarily the other, 4 Grey, 157. Thus the negative of striking out amounts to the affirmative of agreeing ; and therefore to put a question on agreeing after that on striking out, would be to put the same question in effect twice over. Not so in ques- tions of amendments between the two houses, A mo- tion to recede being negatived, does not amount to a positive vote to insist, because there is another alterna- tive, to wit, to adhere. A bill originating in one House, is passed by the other with an amendment. A motion in the originat- ing House to agree to the amendment is negatived. Does there result from this a vote of disagreement, or must the question on disagreement be expressly voted? The questions respecting amendments from another house are, 1st, To agree; 2d, disagree; 3d, recede: 4th, insist; 5th, adhere. 1st. Toagree. ? Either of these concludes the other 2d. Todisagree. 5 necessarily, for the positive of either is exactly the equivalent of the ne- gative of the other, and no other alternative remaii it her mo- tion amendments to the amendment may be proposed; e. g. if it be mov- edt( .-, those who are for the amendment have a right to propose amendments, and to make it as por- tion of disagreeing is put. 3d. To^ recede. "^ Ye HI may then cither insist or adhere. 4th. To insist V \theneit! 5th, To adhere, j You maj . ia t. ^equently the negative of these is not equivalent to a positive vote, the other way. It does not raise so 94 MANUAL. necessary an implication as may au- thorize the Secretary by inference to enter another vote: for two alterna- tives still remain, either of which may be adopted by the House. SEC. XXXIX. THE QUESTION. The question is to be put first on the affirmative, and then on the negative side. After the Speaker has put the affirmative part of the question, any member who has not spoken before to the question, may rise and speak before the negative be put. Because it is no full question till the negative part be put. Scob. 23. 2 Hals. 73. But in small matters, and which are of course, such as receiving petitions, reports, withdrawing motions, reading papers, &c. the Speaker most commonly sup- poses the consent of the House where no objections is expressed, and does not give them the trouble of put- ting the question formally. Scob. 22. 2 Hats. 87. 2, 87. 5 Grey, 129. 9 Grey, 301. SEC. XL. BILLS, THIRD READING. To prevent bills from being passed by surprise, the House, by a standing order, directs that they shall not be put on their passage before a fixed hour, naming one at which the House is commonly full. Haketu. 153. The usage of the Senate is not to put bills on their passage till noon. A bill reported and passed to the third reading can- , not on that day be read the third time and passed. Because this would be to pass on two readings in the same day. At the third reading the clerk reads the bill and de- . livers it to the speaker, who states the title, that it is^ the third time of reading the bill, and that the question! will be whether it shall pass ? Formerly the speaker J or those who prepared a bill, prepared also a breviatej or summary statement of its contents, which the speak- er read when he declared the state of the bill, at the BILLS, THIRD READING. 95 several readings. Sometimes, however, he reads 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 \vhole 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 1st section enacts that, &c.; the 2d section enacts,' 8cc. But in the Senate of the United States, both of these formalities are dispensed with ; the breviate presenting but an imperfect -view of the bill, and being capable of being made to present a false one : and the full state* ment being an useless waste of time, immediately after a full reading by the clerk; and especially as every member has a printed copy in his hand, A bill on the third reading is not to be committed for the matter or body thereof; but to receive some parti- cular clause or proviso, it hath been sometimes suffer- ed, but as a thing very unusual, Hakew. 156 ; thus, 27 EL 1584, a bill was committed on the third reading, having been formerly committed on the 2d, but is de- clared not usual. D'Ewes, 337. col. 2,414, col. 2. When an essential provision has been omitted, rath- er than erase the bill, and render it suspicious, they add a clause on a separate paper, engrossed and called a ryder, -which is read and put to the question three times. Elsynge's memorials, 59. 6 Grey, 335. 1 JBlackst. 183. For examples of ryders, see 3 Hats. 121, 122. 124. 126. Every one is at liberty to bring in a ryder without asking leave. 10 Grey, 52. It is laid down as a general rule, that amendments proposed at a 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 occa- sion erasures or interlineations. Sometimes a proviso has been cut off from a bill ', sometimes erased. 9 Grey, 513. 96 MANUAL. This is the proper stage for filling np blanks ; for if filled up before, and now altered by erasure, it would be p At this reading the bill is ml for the most p n ,ken to, at this time, than on of the former readings. Hak< The debate on th r it should be read a third time ? has discovered to its friends and oppo- nents the arguments on -which each sid. which of these appear to have influence with the housei they have had time to meet them with nev. ntM and to put their old ones into new shapes. The forma| vote has tried the strength of the first opinion, and fur- nished grounds to estimate th and the questiJ now offered for its p \ the last occasion whicM is ever to be offered for carrying or rejecting it. When the debate is ended, tli r, holding the bill in his hand, puts the question f < i . by saying, ' gentlemen, all you who > this bill shall pass, say ay,' and after t ayes, 'all those of the contrary opinion say no.'- Hakew. 154. After the bill is passed, there can be no further alter* ation of it in any point. Hakeiv. 159, SEC. XLI. DIVISION OF THE HOUSE. The affirmative and negative of the question having been both put and answered, the spe iker declai ther the yeas or nav it by the sound, ii himself satisfied, and it E the jud the house. But if he be not himself which v is the greater, or if, before any i into the motion i is too late after that,) him the :.'*. HO* p'irty goes f< This lias made it important which go forth, ai.< remain ; because the latter gain all the indolent, the in- DIVISION OF THE HOUSE. 97 different, and inattentive. Their general rule, there- fore, is, that those who give their vote for the preser- vation of the orders of the House, shall stay in ; and those who are for introducing any new n> Itera- tion, or proceeding contrary to the establish are to go out. But this rule is subject to many excep- tions and modifications. 2 Hats. 134. 1 Rush. /?. 3./o/, 92. Scab- 43.52. Co. 12. 116. D'Eives, 505. col. 1. Me m. in Hakeiv. 25. 29. as will appear by the follow- ing statement of who go forth : Petition that it be received,* 7 ^ Read, 5 Lie on the table, - "} Rejected after refusal to lie on > Noes, table, - j Referred to a Committee, or far- 7 ^ ther proceeding, 5 * Bill, that it be brought in, ~\ Read first or second time, Engrossed or read third time VAyes. Proceeding on every other stage, I Committed, J To a Committee of the Whole, To a Select Committee, Report of a bill to lie on table, Be noil) read, Be taken into consideration three months hence, Amendments be read a second time, Clause offered on report of bill be "^ read second tin. ) Ayes. For receiving a clause - J With amendments be engrossed, J 395. That a bill be now read a third time, Noes, 398. Receive a ryder, - } 260. Pass, - - Ayes. 259. Be printed, - J * Noes. 9 Grey, 365. Noes, 291, 98 MANUAL. Committees. That A. take the chair,! To agree to the whole or any part of report, That the House do now resolve into Committee, Speaker. That he now leave the chair, after order to go into Committee, That he issue warrant for a new writ, Member. That none be absent with- out leave, Witness. That he be further exa-" . , r mined, - - Ayes, 344 Previous question, - - Noes. Blanks. That they be filled witln the largest sum, J Amendments. That words stand (Ayes. part of, Lords. That their amendment be } %^ read a second time - 3 Messenger be received, ~) Orders of day to be now read, if be- C Ayes. fore 2 o'clock, j If after 2 o'clock, - - Noes. Adjournment. Till the next sitting > A day, if before 4 o'clock, If after 4 o'clock, Noes* Over a sitting day, (unless a pre- > . vious resolution,) > Over the 30th of January, Noes. For sitting on Sunday, or any other ? day, not being a sitting day, ) The one party being gone forth the speaker names two tellers from the affirmative, and two from the nega* :n might last several hours. 2 Hat*. 143. The voice of the majority decides. For the lex ma- joris partis is the law of all councils, elections, &c., where not otherwise expressly provided. Hakeiv. 93. But if the House be equally divided, ' semper presu- TITLE RECONSIDERATION. 101 matur pro negante;' that is, the former law is not to be changed but by a majority. Towns. coL 134. But in the Senate of the United States, the i President decides, when the house is divided. Const. U. S. L 3. When, from counting the House, on a division, it appears that there is not a quorum, the matter con- tinues exactly in the state in which it was before the division, and must be resumed at that point on any future day. 2 Hats. 126. 1606, May 1, on a question whether a member hav- ing said yea, may afterwards sit and change his opi- nion? a precedent was remembered by the speaker, of Mr. Morris, attorney of the wards in 39 liz. who in like case changed his opinion. Mem. in Hake, shall , before they are Bent to the House qf RcpmentfUtv&i be examined by a committee, con&isfhig of three member*, whose duty it shall fie to examine all bills, amendments, resolutions, or motions, before they go out of the fiosscssiwi of the Senate, and to make refiort that they are correctly en- grossed; which refiort shall be entered on the JournaL Rule 33. 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. BEG. XLV. AMENDMENTS BETWEEN THE HOUSES. When either House, e t g. the House of Commons, send a bill to the other, the other may pass it with amendments. The regular progression in this case that the commons disagree to the amendment; the lords insist on it; the commons insist on their disagreement; the lords adhere to their amendment; the commons ad- here to their disagreement. The term of insisting may be repeated as often as they choose to keep the question open. But the first adherence by either renders it ne- cessary for the other to recede or adhere also; when the matter is usually suffered to fall. 10 Grey, 148. Latter- ly, however,'there are instances of their having gone to a second adherence. There must be an absolute con- clusion of the subject somewhere, or otherwise trans- actions 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 in- to parliamentary usage, by the lords. 7 Grey, 94. It was certainly a happy innovation, as it multiplies the opportunities of trying modifications which may bring AMENDMENTS BETWEEN THE TWO HOUSES, 105 the Houses to a concurrence. Either House, however, is free to pass over the term of insisting, and to adhere in the first instance. 10 Grey, 146. But it is not re- spectful to the other. In the ordinary parliamentary course, there are two free conferences at least before an adherence. 10 Grey, 147. Either House may recede from its amendment and agree to the bill ; or recede from their disagreement to the amendment, and agree to the same absolutely, or with an amendment. For here the disagreement and receding destroy one another, and the subject stands as betore 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 reason that it cannot send to the other House an amend- ment to its own act after it has passed the act. They may modify an amendment from the other House by ingrafting an amendment on it, because they have never assented to it; but they cannot amend their own amendment, because they have, on the question, passed it in that form. 9 Grey, 363. 10 Grey, 240. In Senate, March 29, 1798. Nor where one House has adhered to their amendment, and the other agrees with an 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 i The commons however refused them, as infringing on their privilege as to money bills; but they offered them- selves to add to the bill a proviso to the same effect, which had no coherence with the lords amendm and urged that it was an expedient warranted by pre- cedent, and not unparliamentary in a case become im- practicable, and irremediable in any < Hats. 256. 266, 270, 271. But the lords refused, and the bill was lost. 1 Chand. 288. Alike c ''iand. 311. So the commons resolve that it is unparliamen- tary to strike out at a conference any tiling in a bill which hath been agreed and passed by both House*. 6 Grey, 274. 1 Chand. 312. 106 MANUAL. A motion to amend an amendment from the other House, takes precedence of a motion to agree or dis- agree. A bill originating in one House is passed by the other with an amendment The originating House agrees to their amendment with an amendment. The other may agree to their amendment with an amendment; that being only in the 2d and not the 3d degree. For, as to the amending House, the first amendment with which they passed the bill, is a part of its text ; it is the only text they have agreed to. The amendment to that text by the origi- nating House, therefore, is only in the 1st degree, and the amendment to that again by the amending House is only in the 2d, to wit, an amendment to an amend- ment, and so admissible. Just so, when, on a bill from the originating House, the other, at its 2d reading, makes an amendment ; on the 3d reading this amend- ment is become the text of the bill, and if an amend- ment to it be moved, an amendment to that amendment may also be moved, as being only in the 2d degree. SEC. XLVI. CONFERENCES. It is on the occasion of amendments between the Houses that conferences are usually asked : but they may be asked in all cases of difference of opinion be- tween the two Houses on matters depending between them. The request of a conference, however, must always be by the House which is possessed of the papers. 3 flats. 31. 1 Grey, 425. Conferences may be either simple or free. At a con- ference simply, written reasons are prepared by the House asking it, and they are read ami delivered with- out debate to the managers of the other House at the conference ; but are not then to be answered. 4 (*rry t 144. The other House then, if satisfied, vote the rea- sons satisfactory, or say nothing: if not satisfied, they resolve them not satisfactory, and ask a conference on the subject of the last conference, where they read and fieliver in like manner written answers to those reasons, CONFERENCES. 107 3 Grey, 183. They are meant chiefly to record the justification of each house to the nation at large, unu to posterity, and in proof that the miscarriage of a neces-* sary measure is not imputable to them. 3 Grey, 255'. At free conferences, the managersdiscuss, viva voce and freely, and interchange propositions for such modifica^ tions as may be made in a parliamentary way, and may bring the sense of the two Houses together. And each party reports in writing to their respective Houses, the substance of what is said on both sides, and it is entered in their journals. 9 Grey, 220, 3 Hats. 280, This re- port cannot be amended or altered, as that of a com- mittee may be. Journ. Senate, May 24, 1796. A conference may be asked, before the House asking it has come to a resolution of disagreement, insisting or adhering. 3 Hats. 269. 341. In which case the pa- pers are not left with the other conferees, but are brought back to be the foundation of the vote to be given. And this is the most reasonable and respectful proceeding. For, as was urged by the lords on a par^ ticular occasion, ' it is held vain, and below the wis- dom of parliament, to reason or argue against fixed reso- lutions, and upon terms of impossibility to persuade. ' 3 Hats. 226. So the commons say, ' an adherence is never delivered at a free conference, which im- plies debate.' 10 Grey, 147. And on another occasion the lords made it an objection that the commons had asked a free conference after they had made reso- lutions of adhering. It was then affirmed, how- ever, on the part of the commons, that nothin more parliamentary than to proceed with free confer- ences after adhering, 3 Hats. 269. and we do in fact see instances of conference, or of free conference, asked af- ter the resolution of disagreeing. 3 Hats. 251. 253. 260. 286. 291. 316. 349. of insisting, ib. 280. 296. $99, 319*322. 355; of adhering, 269, 270, 283- 309, and even of a second or final adherence. 3 Hats. 270, And in all cases of conference asked after a vote of dis- agreement, cc. the conferees of the House asking it, are to leave the papers with the conferees of the othe?; and in one case where they refused to receive them, they 108 MANUAL, 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 confer- ence. 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 ; Ore/. H. Com. 1 Grey, 425. 7 Grey, 31. They are some- times asked to inquire concerning an offence or default of a member of the other House. 6 Grey, 181. 1 Chand. 304. Or the failure of the other House to pre- sent to the King a bill passed by both Houses, 8 Grey, 302. Or on information received, and relating to the safety of the nation, 10 Grey, 171. Or when the me- thods of parliament are thought by the one House to have been departed from by the other, a conference is asked to come to a right understanding thereon. 10 Grey, 148. So when an unparliamentary message has been sent, instead of answering it, they ask a confer- ence. 3 Grey, 155. Formerly an address or articles of impeachment, or a bill with amendments, or a vote of the House, or concurrence in a vote, or a message from the king, were sometimes communicated byway of conference. 6 Grey, 128. 300. 387. 7 Grey, 80. 8 Grey, 210, 255. 1 Torbuck's Deb. 278. 10 Grey, 293. 1 Chandler, 49. 287. But this is not the mo- dern practice. 8 Grey, 255. A conference has been asked after the first reading of a bill. 1 Grey, 194. This is a singular instance. SEC. XLVIL MESSAGES. Messages between the houses are to be sent only while both houses are sitting. 3 Hats. 15. They are received during a debate, without adjourning the de- bate. 3 Hat8. 22. In Senate the messengers are introduced in any *tate of business except , 1. While a question is put- ting. 2. While the yeas and nays are calling. 3. While MESSAGES. 109 the ballots are counting. Rule 46. The first case ia short: the second and third are cases where any inter- rufition might occasion errors difficult to be corrected. So arranged, June 15, 1798. In the House of Representatives, as in parliament, if the house be in committee when a messenger at- tends, the speaker takes the chair to receive the mes- sage, 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, 1809, the Senate having made two amendments to a bill from the House of Representatives, their secretary, by mistake, delivered one only; which being inadmis- sible by itself, that house disagreed, and notified the Senate of their disagreement. This produced a disco- very of the mistake. The 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 acquaints the house * that the other house have by their messenger sent certain bills,' and then reads their titles, and delivers them to the clerk, to be safely kept, till they shall be called for to be read. Hakciv. 178. It is not the usage for one house to inform the other by what numbers a bill has past. 10 Grci/ t 150. Yet they have sometimes recommended a bill, as of great importance to the consideration of the house to which it is sent. 3 Hats. 25. Nor when they have rejected a bill from the other house, do they giVe notice of it ; but it passes sub silentio.to prevent unbecoming alter- cations. 1 Illackst. 18.3. But in Co?jgress the rejection is notified by message to the house in which the hill originated. A question is never asked by the one house of the other by way of message, but only at a conference ; for K 110 \NTAL. this is an interrogatory, not an , lj 1 181. When a bill is sent by on to the other, and is neglected, tl, e to remind them of it. 3 llata 25. . 154. Hut if it be mere in- attention, it is better to have it done informally, by communications between the speakers, or members of the two hou Where the subject of a message is of a nature that it can properly be communicated to both houses of par- liament, it is expected that this communication should be made to both on the same day. But where a mes- sage 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 pos- sibly be sent to both houses at the same time. 2 Hat*. 260, 261, 262. The king, having sent original letters to the com- mons, afterwards desires tin \ may be returned, tl. may communicate them to the lords. 1 Chandler ', 303. . XLY1II. ASSKNT. The house which has received a bill and passed it may present it for the king's assent, and ought to doit, though they have not by m d to the other their] of it. Yet the notifying by mi form which ought to be observed Between th- houses from motives of respect and c< <>d u: 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. When a hilt has /Hissed ho'/i //ou.sr.v of Congress, the house last acting on if, nofi/ics its fMU9OPC In the , and delivers the bill to the Joint Com mi" Umi-iit, iv/io see that it is truly enrolled in / ?nen(. When the bill is enrolled, it is not to be writ- ten in paragraphs, but solidly, and all of a pirn-, that flanks between th- .phs ma\ t he'n /tut in to the hand- / ///< ho a. A < /' 1\ atives JOURNALS. Ill to have it signed by the S/ieaker. Tfie Clerk then brings it by way of message to the Senate to be sign- ed by their President. The Secretary of the & returns it to the Committee of Enrollment, who fire- sent it to the President of the United Stat< afifirove, he signs, and deposits it among the rolls in the office of me Secretary of State, and not if i message the House in which it originated that he has afifiroved and signed it; of which that House informs the other by message. If the President disa/i/iroves he is to return it, with his objections, to that House in which it shall have originated ; who are to the objections at large on their journal, and proceed to reconsider it. If, after such reconsidera thirds of that House shall agree to fiass the bill, it shall be scut, together with the President's objections, to the other House, by which it shall lik< sidered, and if approved by two- thirds of that 11 it shall become a law. If any bill shall not be return- ed by the President within ten days (Sundays ex- ce/ited,) after it shall have been presented to him, the same shall be a law, in like manner as if he had ed it, unless the Congress, by their adjournment, pre- vent its return ; in which case it shall not be a law. Const. U. S. I. 7. Every order, resolution, or vote, to which the con- currence of the Senate and House q may be necessary, (ejcce/it on a (/uestion of aclj ment,} shall be presented to the President United States, and before the same shall take shall be a/i/iroved by him, or ed by him, shall be refiassed by two-thirds of House of Re/iresentativ'es, ace the rules and limitations Prescribed in the case oj a bill. Con S. I. 7. SEC. XLIX. JOURNA! JZach House shall kcc/i a journal of its fir < and from time to tin- such parts as may, in their judgment, require si Const. I. 5. 112 MANUAL. Tfa proceeding* of the Senate, when not acting a* in a Committee of the I; d on the journals, as concise, re bring taken to detail a true account of ' of the ticfi:ite shall / id a brief statement of th mo- rtal, or /m/; ted to tli \ . rted on the journal, llul The titles of bills, and such parts thereof only, as shall be affected by firofiosed amendments, ^fiall be in- serted on the journals. Rule 31. If a question is interrupted by a vote to adjourn, or to proceed to the orders of the day, the original question is never printed in the journal, it never having been a vote, nor introductory to any vote : but when suppress- ed by the previous question, the first question must be stated in order to introduce and make intelligible the second. 2 Hats. 83. So also when a question is postponed, adjourned, or laid on the table, the oru>: lion, though not yet a vote, must be expressed in t' it makes part of the vote of p< .cnt, adjourning, or lying it on the table. Where amendments are made to a question, those amendments are not printed in the journals, separated from the question ; but only the question as finally agreed to by the House. The rule of entering in the journals only what the House has agreed to, is founded in great prudence and trood may be many questions proposed which it may be improper tQ publish to the world, in the form in which they are made. 2 7 fa f ft. 85. In both II v, all qurxtio- 11 the yean and naiw are dt^ircd h\i < ii''- fifth of the ninn' /in-sent, ivh' matirel': 7tutftt be entered in the journal. ' iir-t onlrr f.r pi !87. have been of opinion tl:!t the journals of the 1 1 . Hut this is not la\\'. //,/;. 110, 111. Lex. ADJOURNMENT. 11" Par!. 114, 115. Jour. H. C. Mar. 17, 1592. Hale. Par/. 105. For the Lords in their House ha\ of judicature, the Commons in their House of judicature, and both Houses together ha\ of judicature ; and the book of the Clerk of th of Commons is a record, as is affirmed by act of P 6 H. 8, c. 16. 4 List. 23, 24. and every member of the House of Commons hath a judicial place. 4 List. As records they are open to every person, and a print- ed vote of either House is sufficient ground tor 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 particular < fats. 261. 3 Huts. 27. 30. Every membe'- Ins a right to see the journals, and to take and publish votes from them. Being a record, every one may see and pub them. 6 '.-a//, without the consent of the other, <. r f i lace than that in ii'hich the (wo Houses shall b< 1 5. And in case of il ect to the time of nient, th< -ay adjourn the: % he shall (hink firofier. Const. 11 K J 114 MANTAI, A motion to adjourn, simply, cannot be amended as by adding ' to a particular day.' But must be put s ; m- ply 'that this House do now adjourn ? ' and it 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 //t : adhered to the Mod. Euro/it-, 457. 2 Smol!< tty tin- C'jntitHuti'jn of ; ;/Y, '" subjects f/i> i: iu'd in TREATIES. 117 detail by the Constitution; nor are we entirely agreed among ourselves. 1. // is admitted (hat it must concern the foreign nation, party to the contract, or it would be a mere nullity, res inter a lion acta. 2. fly the general power to make treaties, the Constitu- tion must have intended to comprehend only these sub- jects which are usually regulated by treaty, and can- not be otherwise regulated. 3. It must have meant to exce/it out of the*? the rights resented to the States; for surely the President 'and Senate cannot do by treaty what the whole Government is interd/c from doing in a?;y way. 4. And also to excefit those subjects of legislation in which it gave a fu. cifiation to the House of Reflrctentativet, This last exception is denied by some, on the ground that it would leave venj little matter for the treaty fiwer to work on. The less the better, say others. The Con- stitution thought it wise to restrain the executive and Senate from entangling and embroiling our affairs with those of Eurofic. Besides, as the negotiations are carried on by the executive alone, the subjecting to the ratification of the representatives such articles as are within their jiarticifiation, is no more inconvenient than to the Senate. But the ground of this excef. is denied as unfounded. For examine, the treaty of commerce with France, and it will be found that, out of 31 articles, there are not more than small portions of two or three of them which would not still re ?nam as subjects of treaties, untouched by these exceptions. Treaties being declared, equally with the la", the United States, to be the sufir< r.f the land, it is understood that an act of the legislature alone can declare them infringed and rescinded. 7 accordingly the process adopted in the case of France in 1798. It has been the usage for the crccu ^n it communicates a treaty to the Senate fir their ratifi- cation, to communicate also the correspondence of the negotiators. This having been omitted in the case of the Prussian treaty, was asked by a "vote of 118 MANUAL. the Ho: ;>. 12, 1800, and was obtained. And in / >'), the co?iventhn of that year between the United States and Frar / of the ne- gotiations by the envoys, but not their instructions, be- ing laid before the Senate , t/i- re asked for and communicated by the President. The mode of -voting on questions of ratification is by nominal call. Whenever a treaty shall be laid before the Senate for ratification, it shall be read a first time for infor- mation only; when no motion to reject, ratify, or modify the whole, or any part, shall be received! Its second reading shall be for consideration, and on a subsequent day, when it shall be taken up as in a com- mittee of the whole, and every one shall be free to move a question on any particular article, in this form, " Will the Senate advise and consent to the ratification of this article?" or to firofiose amendments thereto, either by inserting or by l> nt words, in which last case the question shall be, Khali the words stand fiart of the article? 9 Jnd in every of the cases, the concurrence of two-thirds of 'i tors present shall be requisite to decide affirmatively. Jlnd, when through the whole, the proceedings 'shall be stated to the House, and questions be again severally put thereon for confirmation, or new ^ones prop requiring in like manner a concurrence of two-th 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 modification*! as may have been decided, and shall be proposed on a subse- quent day, when every one shall again be free to move umendmrntx, cither Inj inserting or 'leaving out word*; in i"/iie/i lust r.sr the question shall be,* Shall th' 'and part of the resolution?' Jlnd in both <"8 the CO). r of two-thirds shall he ret/uisitr to 'ry the uffirn. . .^ well as on the final (/uc^ to <. nt to the ratification in t/ic form agreed to. Rule 37. IMPEACHMENT. 119 / / lien any question may have been decided by the Senate, in which two -thirds of (he members present arc necessary to carry the affirmative, any member who voted on that side which prevailed in the (jm may be at liberty to move for a reconsideration ; and a motion for reconsideration shall be decided by a ma- jority of votes. Rule 44. SEC. LIU. IMPEACHMENT. The House of Representatives shall have the sole flower of impeachment. Const. U. S. I. 3. The Senate shall have the sole power to try all im- peachments. When titling for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall pr and no fierson shall be convicted without the concur- rence of two-thirds of the members present. Judg- ment i? i cases ofim/ie'achmcnt shall not extend fh than to removal from office, and disqualification to hold and enjoy any office of honor ', trust, or profit un- der the United States. But the party convicted shall neater the less be liable and subject to indictment, judgment, and punishment according to law. Cons. L 3. The President, Vice- President, and all civil officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and n:. ;ors. Const. II. 4. The trials of crimes, except in cases of imp' ment, shall be by jury. Const. III. 2. These are the provii titution of the United States on the subject of impeachment!. The following is a sketch of the principK practices of Kn.^b.nd on the same Jurisdiction. Ti inot impeach any to thcmsehes, nor join in tin they arc the ju> they proceed B - commoner but on complaint of the Commons. Id. -Si. The lords may not, by the 120 MANUAL. law, try a commoner for a capital offence, on the in- formation of the king or a private person ; because the accused is entitled to a trial by his peers generally; but on accusation by the II K proceed against the delinquent, of v. -r degree, and whatsoever be the nature of the offence? for there they do not assume to themselves trial at common law. The Commons are then instead of a jury, and the judg- ment is given on their demand, which" is instead of a verdict. So the lords do only judge, but not try the delinquent. Id. 6, 7. But VVooddeson denies that a commoner can now be charged capitally before the lords, even by the Commons; and cites* Fitzharris's case, 16S1, impeached of high treason, where the lords remitted the prosecution to the inferior court. 8 Grey's Deb. 3257. 2 Wooddcson, 601. 576. 3. Seld. 1610. 1619. 1641. 4. Blackst. 257. 3 Seld. 1604, 1618. 9. 1656. Accusation. The Commons, as the grand inquest of the nation, become suitors for penal justice. 2 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 mem- ber to impeach him by oral accusation, at the bar of the House of Lords, in the name of the Commons. The person signifies that the articles will be exhibited, and desires that the delinquent may be sequestered from his seat, or be committed, or that the peers will take order for his appearance. Sachev. Trial. 325. 2 ll'ood. 702. f>05. Lord's Journ 3 June > 1701. 1 Wms 616. 6 Grey, 324, Process. It" the party do not appear, proclamations are to be issued, giving him a day to appear. On their return tli' nelly examined, li" any error be found in them, a new proclamation issues, giving a short dav. If). .! not, his go Vj arrest- ed, -Id. Jitd. 9K/99- Articles. The, : >;i (articles) of the Com- mons is si. . in place of an indictment. Thus, by the usage of Parliament, in impeachment for writ- ing or speaking, the particular words need not be spe- I Ml' \T. cified. Sack. Tr. 325. 2 Wood. 602. 605. Lords' Journ. 3 June, 1701. 1 JTms. 616. Appearance. If he appears, and the case be capital, he answers in custody: though not if tin general. He is not to be committed but cusations. If it be for a misdemeanor only, 1,< swers, a lord in his place, a commoner at the bar. not in custody, unless, on the answer, the . cause to commit him, till he find sureties to a f lest he should fly. Seld. Jud. 98, 99. A copy of the articles is given him, and a day fixed for h T. Ray. 1 JRus/iw. 268. Post. 232. 1 Clar. hist, of the Red. 379. On a misdemeanor, his appca: may be in person, or he may answer in writing, or by attorney. Seld. Jud. 100. The general rule cusation for a misdemeanor, is, that in such a state of li- berty or restraint as the party is when the Commons complain of him, in such he is to answer. Id. 101. If previously committed by the Commons, he answers as a prisoner. But this may be called in some sort judicium parium suorum. Id. In misdemeanors the party has a right to counsel by the common law, but not in capital cases. Seld. Jud. 1025. Answer. The answer need not observe great strict- ness of form. He may plead guilty, as to part, and de- fend as to the residue ; or, saving all CM the whole, or give a particular answer to ear separately. 1 Rush. 274. 2 Kmh. 1374. Hist. 442. 3 Lords' Journ. 13 Aor. 1643. 607. But he cannot plead a pardon in bar to th peachment. 2 Wood. 615. 2 St. Tr. 735. Replication, Rejoinder, &c. There mav be a : cation, rejoinder, Sec. Sel. Jud- 114. 8 Grq/'a 233. Sack. Tr. 15. Jour. H. of Common*, 6M 1640, 1. Witnesses. The practice is t the witMMi in open house, and then examine them there : or a committee may be named, wh< shall e>; committee, either on interrognt -i the house, or such as the committee in their discretion shall demand. Seld. Jud. 120 123. L 122 MANUAL. Jury. In the case of Alice Pierce, 1 R. 2. a jury was empannelled for her trial before a committee. ScUL Jud. 123. But this was on a complaint, not on impeach- ment by the Commons. Seld. Jud. 163. It must also have been for a misdemeanor only, as the lords spiri- tual sat in the case, which they do on mi but not in capital cases. Id. 148. Tl a forfeiture of all her lands and goods. Id. 188. This, Selden says, is the only jury he finds recorded in 1' liament for misdemeanors : but he makes no doubt, if the delinquent doth put himself on the trial of his coun- try, a jury ought to be empannelled, and he adds that it is not so on impeachment by the Commons; for they are in loco proprio, and there no jury ought to be em- pannelled. 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. He waived his peerage, and was tried by a jur Gloucestershire and Warwickshire. Id. 1125. In ill. 7. the Commons protest that they arc not to be c sidered as parties to any judgment given, or In to be given in Parliament. Id. 133. They have been generally, and more justly considered, as is befonl stated, as the grand jury. For the conceit of Selden is certainly not accurate, that they are the patria of the accused, and that the lords do only judge, but not try. It is undeniable that they do try. For tl examine witnesses as to the facts, and acquit ore demn, according to their own belief of them. And lord Hale says, 'the peers are judges of law as \vei of fact.' 2 Hale, 1\ C. 275. Consequently of far well as of law. Presence of Commons. The Commons arc to be present at the examination of witm- 'd. Jud. 124. Indeed they are to attend throughout, either as a nmittee of the whole h'-ux-, <-r otherwi tion, appoint managers to conduct the proofs. / Tr <,f Straff. 37. Com. Journ. 4 Feb. 170910. //bo<7<7. 614. And jud not to be .given till they demand it. Scld. Jud. 124. But they arc ; IMPEACHMENT. 123 to be present on impeachment when the Lords consi- der of the answer or proofs, and determine of their judgment. Their presence, however, is necessary at the answer and judgment in cases capital. Id. 58. 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 Woodd. 612. Judgment. Judgments in Parliament, for death, have been strictly guided per legem terra:, which they cannot alter : and not at all according to their discre- tion. They can neither omit any part of the legal judgment, nor add to it. Their sentence must 1 cundum, non ultra legem. Seld. Jud. 168 171, This trial, though it varies in external ceremony, yet dif- fers not in essentials from criminal prosecutions before inferior courts. The same rules 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 pow- erful delinquents. The judgment, therefore, is to be such as is warranted by legal principles or precedents. 6 Sta. Tr. 14. 2 Woodd. 611. The Chancellor gives judgment in misdemeanors ; the Lord High Steward formerly in cases of life and death. Seld. Jud. 180, But now the Steward is deemed not necessary. Forst. 144. 2 Woodd. 613. In misdemeanors the gn corporal punishment hath been imprisonment, Seld. Jud. 184. The king's absent is necessary in capital punishments, (but 2 IToodd. 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. Run. 383. 4 Com. Journ. 237>e>c. 1790. Lords' Jour. M. , 16, 1791. 2 Woodd. 618. INDEX TO THE RULES OF Till' SEN \TK OF TH1 VTES. A. No. P. Absence from the Senate, not allowed without leave 8 1 without leave, in cases of, the Sergeant-at-arms may be sent - - 8 2 Address of both Houses, to the President of the United States, to be presented by the President of the Senate [Joint rule! 11 10 Adherence of both Houses, effect of [Joint] 15 11 Adjournment, motion for, has precedence - - 11 2 Amendments to a resolution to amend the Constitution, carried by a majority - - k3 8 Appeal allowed from the decision of the President - 6 1 B fiills may be introduced upon one day's notice - 25 4 shall be read twice before amendment or reference 27 4 reported >hall be printed - 25 ! fihall receive three on different days - 26 4 on second reading, considered as in Committee of the Whole - . - - 28 4 proceedings on, at different stages, titles of, only, and parts affected by amendments, inserted on the Journal on their i to be on paper [Joint] 5 ! ed, shall be enrolled on parchment enrolled, shall ned " 79 examined, shall lie signed by the presiding officer of each House [Joint] 8 10 signed, to be i. for approval, and report - [Joinl] !. earh Hoiisp to be notified 1 J 10 in! rejected by the other, in what mniiner ih.-v n,av !' renewed [Joint] adh< ' ' !,^t 1.'' 1 i Cannot be sent li iier doriag the three list days of tessioa - 16 11 shall -.-(I J'orapproval before the la-- j 17 11 lilanks. in filling, what n, ' ... 15 2 RULES OF THE SENATE. 125 C. JVo. P. Chair, to be addressed 31 Character of persons nominated, to be kept s< 39 8 Coramit ; motion to, in order at any time before final passage Committees, standing - how appointed on enrolled bills - [Joint] 7 9 reports of, to lie one day 26 4 Communications, confidential, to be kept secret 38 7 Conference, proceedings of Committee of [Joint] 1 9 Consent, bills may be read three times in one day, by unanimous - 26 4 nominations may be considered on the day received, by unanimous - 36 6 Constitution, what majority rcquiM! reso- lution proposing aim-mlnn'iiK u> tin- 43 8 Conversation, among- members, not allowed dm debate, or while papers are reading 2 1 D. Debate, no member to speak more than twice, in the same, in one day, without kv not allowed on a call to order prohibited on a motion to adjourn - not allowed on a call tin [tapers - 14 2 not allowed in tak Documents, to be printed only by special or 25 4 E. Executive record, extracts from prohibited - - U P. Executive proceedings, to be kept il !l !J Galleries, when they shall be 18 House, each shall trans n which bills arc loan. led - [JonuJ It 11 Journal, to be read on a quon ;inu- - 1 1 to contain the title, on ,md the t| aiVeete.l l.\ ]; iinOBU 3 5 - a bi lion, and paper, to i on to be as concise a> in Committee of tin ,U :) L Leave to brina: in a bill. OIK> Messages, how announced [Joint] 2 & 3 9 by whom sent " 49 Messengers, when introduced - - 46 8 Motion, not to be debated, until seconded - - 9 2 made and seconded, shall, if desired, be reduc- ed to writing - - - - - 10 2 to be read before debated - - - 10 2 to adjourn, has preference - - - 11 2 to adjourn, to be decided without debate - 11 "2 privileged, what shall be, when a subject is under debate - - - - - 11 2 privileged in filling blanks - 13 2 privileged, in reference to Select or Standing Committees - - 35 6 to close the galleries shall be discussed confi- dentially - - - 18 3 to admit persons for the purpose of presenting memorial, not in order - JO 3 to reconsider, \\lien, and by whom may be made 14 15 . not to read while a member is speaking 2 1 Nominations not to l>e eon- : .Vre 3 may appoint a Chairman, while Senate are act- ing as in Committee of the Whole to give notice of the several readings of bills 26 4 to have the regulation of the parts of the Capitol appropriated to the Senate - -17 8 President of U. S. to be assigned the President's Chair when attending the deliberations of Senate 36 6 Q. Question under debate, when, and 1>\ what motions su- perseded - - 11 may be divided final on second reading -'.* 4 to be decided, Ay or S'o to be put by the President of the Senate 22 3 128 INDEX TO THE JVb. 1\ ion on amouli, rt of the main question, to aed by a majority 43 8 Quorum. proceediiiL- 8 1,2 R. Reading IS <, prohibited, while t: 3 in session - -21 of a paper, called for and objected to, to be :dcd by the Senate - - 1 I- 2 Reconsideration, mo'tion for may be made by one of the majority - - 20 3 or by a member of the side that pre- iled - 44 8 motion for, must be made within two days after vote - 20 3 motion for, must be made before the subject matter is out of possession of the Senate - ^0 3 of a question requiring the affirma- tive vote of two-thirds, to be de- termined by a maj' Record, Execut om prohibited - 4ii 8 Resolutions, requirii -. Ltioii of the President amend Constitution, and grant money, to be ti .;lls - - 26 other . to fie one day - - H> on 3d reading, amended onl; ' 5 engrossed, recommitted, and reported be i uid time further proceedings in passing [Joint] S j-y j j o. Secrecy enjoined on confidential communications - 38 enjoined on remark* oi: ..)iuinat-d enjoine.l on treaties - - - 38 Secretary to endorse I .ills pa- >'i. A .. - - 8 ike the ( |. drill \\lien ,^. ,'ially divided - 21 .' :en a liuml in aijiio- riiin shall h;i .! - 8 1, 2 pr- - of, in quasi committee to be en- - . ; : 5 i met .y t| : . !' d-ni of the I. S. at anv other jilace than - 3G RULES OF THE SENATE. 129 Ao. P. (36 r 37 7 38 7 39 8 40 8 votes of, to be entered on Journal - - 32 5 contents of memorials and petitions present- ed to, to be entered on the Journal - 32 5 shall be cleared of all persons except their officers, whenaeti: .-iit'ivc business - 40 8 Executive proceedings of, to be recorded sepa- rately from the Legislative 41 8 officers of, when they shall be ejected - 48 8 Speaking, among members, prohibited during debate, more than twice in one clay on the same >ub- ject, prohibited - 4 1 Time, longest, first put .... 13 2 Treaties, proceedings on 37 7 to be kept secret until injunction be removed 38 7 Unfinished business, has preference in special orders 15 2 Vice-President, or President, pro tempore, may appoint a Chairman .... - 23 3 Vote, every, to be entered on the Journal - 32 5 no member allowed to, after decision is announced 17 3 \Y. Words, exceptionable, shall be taken down, when a call to order is made bv a Senator - 7 1 " V. Yeas and Nays, to be called alphabetically - 16 3 in;i\ be i-f.jiiMcii b\ one-tilth - to be taken without deb;' - 1 rbrinir taken, no member allov to enter his vote - - - 17 2 INDEX TO Til I RULES OF TJIK HOUSE OF KKPKLSENTATIVES. A. Rule. Absent members, their attendance may be compell- ed by fifteen members - - 47 Absent, no member allowed to be, unless on leave 50 l^sts j -^ed by Speaker 11 Adjourn, a motion to, always in order, but not to be debated - - - - 34 Amendment not to be admitted, if on a subject differ- ent from that under consideration - - 40 Amendments to engrossed bills, by way of ryder, not permitted - - 92 to engrossed bills to be kept on separate paper - 96 to original motions, in Committee of the 'Whole to reports, in Committee of the Whole 98 Appeals, how made and debated - 2 proceedings in case of - - 21 Appropriations to be first discussed in Committee of the Whole - 102 Appropriations for treaties not to be included in bills making appropriations for other objects - 57 B. HalJot, for committees - - 7 in other c - 8 Bill rejected, if enaetiim words be stricken out - 32 Bills on the table, wh-n taken up - 17 private, to have preierenee Fridays andSaturdas 19 now to be introduced or reported - 85 the several readings of - - 86 ifoppox-d on Hot reading, question to reject to put, &LC. - 87 how to i i ond re;ii - 88 not more than three to I.e coininitted to same ( 'oniiniUre ofthr \\ - 89 minted at any time lu-fore passage 90 to : .-d in a fair round hand - !'l not to I,* d on third ; HOUSE OF REPRESENTATIVE. 131 /?. P. Bills, when passed, to be certified by the Clerk - 93 26 [in Committee of the Whole] how to be taken up; not to be interlined ; amendments to, how to be kept and reported; and, after report, may be again debated and amended - - 96 28 Blanks, rule respecting- the filling of - 99 28 Business on the table, when taken up daily order of - 16 14 no debate on priority of - - 84 25 unfinished, at the close of a session, to be re- sumed at the commencement of a second or subsequent session of the same Congress 15 14 private, to have preference on Fridays and Saturdays - - - - 19 15 C. Calls on Departments for information, rule relating to 46 18 Call of the House, names called alphabetically - 48 18 rules relative to a - 51,52 18-19 Clerk to cause resolutions to be delivered to the Presi- dent, &c. - 46 18 to make a list of reports to be made by public of- ficers to Congress - - 79 25 to forward the Journals to the Governors of the States - - 80 25 to take an oath to act faithfully, and tenure of ap- pointment, &c. - 78 25 Committees, how to be appoin:* 1 - 7 13 a member may in a certain case, l>< cused from MT\ inr on - - 49 precedence of, in motions for reference 33 appointment of standing duties of, viz : Of Klections OfW;ivs ami Means - 57 la.'ms - - 58 OfComii!. - 59 Of Public Lamb - 60 On Post Oilice &. P- Roads - .61 ct of Columbia On the Judici On Kevohuionary ("lain On Public Expenditure! 65 < Mi I'rivate Land Claim- Militn.i\ A ft airs On Naval Ai: On Tor. ; : On the Ti-rrii" - 70 On Military Pennons - 71 132 INDEX TO THE RULES OF THE /?, P. Committees, duties of ; viz: On I ad Unfinished r.ii^ Oil \er, units (standing) may report by hill - 76 J4 not to sit during the .sitting of the Hui>c 77 24 Committees on Expenditure!, appointment and dtl of the six standing - - 23 Committee of the Whole on tlie Union, a standing or- of the day Committee of the Whole, how formed how to proceed in cases of bills 96 27 how to report amendments to original motions - - 97 how to report amendments to a report 98 rules of the House to be ob- served in - 103 must first entertain all motions for laying or increasing 100 ; 101 27 Commitment (of motions) to be at the pleasure of the House - 39 17 Confidential communications or proceedings, rules upon the subject of Consideration, questions of 5 12 Conversation (private) not to be entertained win!' member is .speaking - ^ 16 D. Debate, provisions for the preM-r\ ation of order and de- corum in - " I 15 on appeals, limited nature of 1 1 on appeals in calls to order, proli; prohibited on motions to adjourn 17 on motions to lie on the table :'>\ 17 prohibited on petitions and other paper-, on the day of presentation - - Jo 18 prohibited on prioritv oi to be pivrhlded by the ; .ueMum IT all for information from ler in the (ial:> - 1 1 Divin- terformed in tin- Hall, un consent of tin- Spe,. - |l<; I ben called for - 1 I J I 'in ol '(In. iid how til al- lov. - - - . '. ]', v - - ,';.) 25 Dnti- .), their . . - jm. 101 HOUSE OF REPRESENTATIVES. 133 E. P.P. Elections, how to be conducted - 8 13 Enacting words, stricken out, considered a rejection - 3- 16 Engrossed bills not to be amended by rydert while on their passage between the two Houses. (See Bills.) ! Engrossments to be in a lair round hand - 91 26 Enrolled bills, committee on, may report at any time I 1 Excused from voting, rule relating to being - - 28 16 Excused from serving on a committee, a membermay be 49 18 Executive Departments, rules to be observed in calling for information from the heads of 46 18 F. Fees in cases of calls of the House - - - 52 19 of Serg-eant-at-Arms 54 19 G. Galleries may be cleared in cases of disorder - 12 13 H. Hall to be under the direction of the Speaker - 6 13 persons who may be admitted within the - 13 13-14 not to be used in the performance of Divine ser- vice, unless by consent of the Speaker 106 28 Heads of Departments, calls for information from 46 18 Indefinitely, questions not to be resumed which are post- poned - - 37 17 Information, calls on President and Departments for 46 18 Joint Resolutions, or propositions requiring the co: of the Senate to be laid on the table one day .... 44 II? I l> v the Speaker - - 11 13 Journal, reading of 1 1J to be corrected by the Speaker - 6 13 Li. Lie on the table, precedence of a motion to - - .s no debate allowed on a motion to - . one day, all m con- cur, ^ : V 18 all resolutions rallini: OB l'.\- nua- O.all - - : Lobby may be cleared in cases of disorder - - 1J l.> M. Members, to be called alphabetical - 18 18 Memorials, wfcen to be presented - - 16 14 rules to be observed on the presentation of 4o 13 M 134 INDEX TO THE RULES OF Tl Motions to be stated by the Speak- . Speaker to decide questions of . 12 Order of business of the session . . 15 14 of the day . . . 16 14 Orders ot the day, when to be called . .17 15 P. Personality in debate prohibited . .20 15 Petitions, when to be presented . .16 14 rules in presenting . . .45 18 Postmaster General, calls for information from 46 18 Postponed indefmiteh, effect of being . .37 i7 Precedence of motions . . . 32,33 1C- 17 in business to he decided \vithoutdebate 84 2$ Previous question, rules relating lo tin- . 17 I to be obser\eii in calling for in- formation from tin- . 46 18 Private business, to ha\e preference on lYidays and Saturdays . . . . 19 15 Privileged persons, to come within the Hall . 13 13, 14 a Questions, manner of nutting . . .41- decornm to be observed whilst putting 16 uhen, by whom, and how, dhidi d 38 17 to be propounded in the order mo\ed 99 Quorum, fifteen members ma\ compel the attend- ant- of . . . . 47 18 Reading a paper, if object, d to, rule respecting th 17 insider, rule respecting motions to . . 41 17 ler and precedence ot motions of 17 of motion-,, to !), at the pl< ;tMire of ibe U... . . . . 39 17 Reports of committees, \\hentobemade . 17 k tomak< \\ ben tb.-\ m:i\ lie viihmitted, . v 17 1^ i-eqiiiring iln- asseni oft! be laiil on tin- table one da\ b lor- . . 44 18 calling on Kxecm in- f ; day . 46 I S HOUSE OF REPRESENTATIVES. 135 R. /'. Ryders, engrossed bills not to be amended by . 92 Rules, how to be amended, rescinded, or suspended 104 28 o. Secrecy, rule relating to . . . . 82 25 Senate, all orders to be laid on the table one day which require the assent of the . .43 18 Sergeant-at- Arms to be appointed, and duty of the 53 19 ties of the . . . 54 19 to be sworn to secrecy . 83 25 Speak, Speaker to designate the member who is first to . . . . 22 15 Speaker to take the chair at the hour of meeting 1 12 to have preference in Breaking to order 2 12 to rise in putting questions . 3 12 may substitute a member in his place . 6 13 cases in which he shall or shall not vote 9 13 to sign acts, addresses, writs, subpoenas. 8cc.ll 13 divine service not to be performed in tin- Hall unless by his consent . . 106 28 Speaking, rules to be observed in, in the House 20, 21, 22, 23 15-16 in Committee of the AVhole . 103 28 private discourse not to be entertain- ed, nor is any person to pass between the chair and a member who is .25 16 Stenographers n\:\\ be admitted In the Speaker . 14 14 Strike out and insert, rule r.>|.ic-t ing motions to . 38 17 Substitute for a proposition, rule respecting a . 40 17 Taxes or duties, rules respecting the imposition of ... 100, 101 27 Tellers may be appointed to count in certain cases 4 12 Unfinished business to have I- . 18 Vote, every member pre se m shall vote unit cused . . 28 16 of persons in interest prohibited . .26 16 Voting, no member \\ilhout the bar considered as 27 16 Withdrawal (of motions) rule re>pert'n._ . 31 16 Writing, mutitii lured to, . 30 16 Writs, subpoenas, &c. to be signed \>\ the Speak- er, fce. . 11 13 Yens and nays to be taken alphabetically . 48 18 INDEX TO THE MANUAL. A. Page. Absence, not allowed without leave 46 provision in cases of 47 Address, by the President, &c. 48 Adjournment, motion for, cannot be amended 114 to be declared by the Speaker - 114 for more than three days, by concurrent votes - - - 113 provision for disagreement respecting 113 effect of, on business depending. See Session. - - 114-15 Amendment to Bills. See Sills. 71 made in Committee of the Whole, falls by a reference - 73 proposed inconsistent with one adopted, may be put 87 may be amended prior to adoption, but not after - 87 (proposed,) by striking out, and lost, the paragraph proposed to be stricken out cannot be amended - 87 not identical, or equivalent, to one lost, may be proposed - 88 by insertion, how far liable to further amendment 89 Assent to bills, by the Executive regulations re- specting - 110 R Bills, new, concerning their introduction - 63 to receive three readings, cc. - 65 may be brought in on notice and leave 65 forms in introdu- 65 not amcMided at first reading - 66 proceeding- ng 66-74 noft and to whom committed - - 66-67 shall be t\\ '. iinmitment 67 nottolj -wed opponents 67 referred, may be delivered to any of the Committee parts of, may be committed 71 INDEX TO THE MANUAL. 137 Bills, amendment to, how considered and proceed- ed on - 71-2, 90, 105 amendments to fall by a reference, in Com- mittee of the Whole, to Special Committee 73 amendments to, may be insisted on, or adher- ed to 104 amendments to, cannot be receded from or in- sisted on, by the amending House, with a further amendment - 105 amendment to an amendment has precedence over a motion to agree or disagree 106 amendments to amendments, how far admis- sible - - 106 proceedings upon, in Committee of the Whole, &c. - 73-4 third reading of, at what hour - on third reading may be recommitted - on third reading amended by ryders on third reading, blanks in may be filled titles, when made 101 reconsideration may be moved by one ot ma- jority, or of the prevailing side 101, 119 reconsideration, at what time to be moved 101 reconsideration, effect of a vote for 101-2 (rejected) relating to their being brought in during the same session. See 13th JOINT RULE - 102 originating in one House, rejected in the other may be renewed in the rejecting House - 103 expedients for remedying omissions in 103 mode of proceeding, when founded on facts requiring explanation 104 effect of a vote to insist or adhere 104 conferences upon, at what stages, and by whom asked 106 papers relating to, to be left with the confe- rees of the House acceding to the confe- rence enrolling 110 proceedings when disapproved 111 M 2 138 INDEX TO THK MANUAL. Bills not returned in ten days, to be laws,unless an adjournment intervene 111 Blanks, construction of the rule for filling - 89 Business, a settled order in its arrangement use- ful - - 54 C. Call of the House, proceedings in case of - 46 Chairman, may be temporarily appointed in Se- nate, [Note] 49 Committee, a member elect, though not sworn, may be appointed on - 40 may elect their Chairman 49 Committees, standing 49 forms and proceedings of - 49-68 joint, how they act 49 who shall compose 67 how appointed in Senate 67 time and place of meeting 67 majority of, to constitute a quorum 68 who may be present at their sitti ngs 68 their po'wer over a bill 68 have entire control of a report re- committed - 71 dissolved by a report - 71 how revived - 71 may be discharged from instructions 103 when they may sit during recess 114 effect of a reference to, when a bill has been amended in committee of the whole - 72, 3 Committee of the Whole, proceedings in - 51. 72 irregularly dissolved 51 cannot adjourn - 52 report proceedings 52 subjects which have passed through, may be r cial committees pu: which at- tach to Communications, confidential, to be kept secret 1 1') INDEX TO THE MANUAL. 139 Conferences, when, by which House, and at what stages to be asked 106 Congress, member of, no person holding office under the United States, can be 45 cannot adjourn for more than three days, except by joint vote. See Ad- jour?imcnt. 107 Counsel may be heard on private bills 53 Count of the House may be called 46 D. Debate, forms and proprieties to be observ- ed in - 56-7-8-9 the Speaker not allowed to engage in, except on points of order 57 proceedings of the House not to be cen- sured - 58 personalities to be prohibited 58 motives not to be arraigned 58 violation of order in, to be suppressed by the Speaker 58-9 disorderly words not to be noticed until the member has finished 59 disorderly words, when taken down 60 proceedings of the other House not to be noticed in - 60 members concerned or implicated by the subject of, ought to withdraw - 61 Decorum, points of - 61 Division (of the House) practice in ascertaining 96-101 Doors to be kept by porters rule respecting their being closed 62 E. Elections, time, place, and manner of holding 42 of members to be judged by each House 43 H. House of Representatives. Ser Representatives. House, division of, how ascertain- ed - 96-101, 99-100-1 I. Impeachment, to be made by the House of Re- presentatives 119 to be tried by the Senate - 119 140 INDEX TO THE MANUAL. Impeachment, who shall preside at 119 continued by an adjournment 116 extent of a judgment by 1 1 9 party convicted on, still liable to trial and punishment, accord- ing to law 119 officers convicted by, to be re- moved 119 sketch of the law of Parliament, respecting 111 123 Inquiry, or accusation, common fame a ground for 152 Journal, shall be kept by each House 111 of each House to be published 111 shall show every vote 1 12 to contain a brief statement of every pe- tition and paper, &c, presented - 112 titles of bills and parts affected by amend- ments, to be inserted on 112 what questions shall be entered on 112 a record, in law - 112 subject to examination 113 Jury trial, secured in certain cases 119 L. Legislative power, vested in Congress 35 Legislature, members of Nation, their compensa- tion - 35 National, powers of - 35 M. Majority decides on general questions 99 Members and officers of one House not amenable to the other 60-1 Messages, when'received 108 forms in receiving - 109 errors in their delivery may be corrected 109 bills not acted on, the subjects of - 110 Motion, not to be put or debated ontil seconded 64 to be reduced to writing if desired 64 to be read for information - 64 to adjourn, not in order when a member has the floor 64 privileged, what shall be, See Questions. 77 INDEX TO THE MANUAL, 141 o. Officers, of either House, forms of nomination or election 47 of one House, not amenable to the other 60-1 Order, " instances make" 56 respecting paper. See Papers. 56 in debate. See Debate. 56 questions of, may be adjourned 62 decision of Speaker on points of, may be controlled - 62 a member may insist on the execution of a subsisting - 62 question of, to supersede a question de- pending 84 and Resolution, distinction between 65 of one House, requiring concurrence of the other, (except for adjourn- ment) to be presented for ap- proval 111 Ordc n of the day, how, and when to be called up 62-3 may be discharged at any time 62 of the House, determined with the session 63 P. Papers and Journals, not to be removed from Clerk's t 56 rules respecting their pre- servation 56 reading of, how far t ! be called for 76 referred, usirillv read by title to be left with the conferees of the House acceding to the conference asked 108 Parliament, each 1 1 nise of, may adjourn indepen- dently of the ot' 113 Petition and remonstrance, f ion 63 to be presented by a member, &c. - 63 the member presenting; t< contents 64 to be subscribed or written by petitioner 63 President of the Senate, ; the Consti- tution - - 47 may appoint chairman 47 firo temfiore, to be chosen in the absence of the Vice-President 47 142 INDJ HE MANUAL. President, pro tern, at what time his office shall determine - 47 of the United States shall give information to Congi 48 Privilege of Parliament has gradually increased 35-6 of member of Parliament - 35-42 of Senators and Representatives - 36-42 of Senators, constructive extent 37-42 of the two Houses, cases of alleged breach of 38-39-40 of members commence by virtue of elec- tion 40 of members must be ascertained at the peril of the party violating 40 of members, the privilege of the House 40 a member violating, amenable only to the House 41 is violated by not putting a question which is in order - 41 of one House in relation to the other, or in relation to a co-ordinate branch of the Government 42 Q. Qualification of Senators 42 Questions, general rule for putting - - 77-94 the priority of certain, considered 77 privileged, what shall be - 77 to 84 privileged, in filling blanks - 87, 89 privileged, in reference to Committees 83 privileged, in amending amendment, and to agree or disagree 106 privileged, motion to amend has pre- cedence over motion to strike out 83 of order, (incidental,) how far it shall supersede any other 83-4 previous, its intention and effect - 84-5 previous, after being moved, ran an Mcndment to M. Q. be proposed? 85-6 division of, by whom and how made 90 what are divisible - - 91 INDEX TO THK MANUAL. 143 Questions, when divided, each point open to de- bate and amendment - 83 (co-existing,) what, suspends, and what removes from the House, an existing question 92 equivalent, what is considered - 93 determined by ayes and noes 99 to be resumed, in statu quo, when sus- pended by the want of a quorum 101 Quorum, only shall do business 46 what number shall be a 46 how the attendance of may be com- pelled - 46 any member may desire a count, for the purpose of ascertaining 46 not present, suspends the question 101 Recommitment of a report, effect of 71 Reconsideration of bills, orders, instructions.&c. 101-2-3 of questions requiring two-thirds, by whom may be moved 119 Remonstrance and Petition, distinction 63 Report of one House not to in the other 76-7 Representath se of, of whom compo 44 shall choose t!. Sj. 47 H uv of, p< '.ation to luct of in 55 Representatioi . how up: 1 44 of i 10 1820 ;licd - Resolution, a of one House to pay i: i not 65 >val 111 Rules, an adherence to, important 34 and ord u*es they shall apply ~* Senate, of whom composed, and how ch 43 144 INDEX TO THE MANUAL. Senate the Vice-President to be the President 47 shall choose their officers, &c. See Pre- sident of the Senate. - 47 power of, in relation to rules, and the con- duct of members - 55 equal division to be determined by the vote of the Vice-President 99 adjournment of. See Adjournment. 113 session of, what constitutes - 114 committees of, may, if authorized, sit dur- ing the recess 114 Speaker, shall be chosen by the House of Repre- sentatives 47 absence of, from sickness, another chosen 48 Special orders, See Orders. T. Taxes, direct, how apportioned Treaties may be made by President and Senate 116 shall be kept secret until injunction re- moved - 116 are legislative acts 116 extent of the power to make 116 may be rescinded by an act of the Legis- lature - 117 papers to be communicated with 117 ratified by nominal call 118 read for information, the day received 118 read for consideration on subsequent day 118 proceedings upon - 118 reconsideration of votes upon, may be moved by one of the side prevailing 1 19 Vice-President of the United States shall be Pre- sident of the Senate 47 his absence provided for 47 Y. Yeas and Nays, may be required by one-fifth 99 to be taken alphabetically 99 all present shall vote unless ex- cused - 99 when called & decision announc- ed, no member allowed to vote 99 THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO 5O CENTS ON THE FOURTH DAY AND TO $1.OO ON THE SEVENTH DAY OVERDUE. 20 1934 27Nov'60HC ' YA 01007 I