of which Virginia gave the first ex- of uniformity and certainty. A maample. The qualifications of a sena-jority of each house shall constitute a tor which the constitution requires, quorum to do business; but a smaller are, that he should be thirty years of number may adjourn from day to age, have been nine years a citizen day, and may be authorised to compel of the United States, and, when elect- the attendance of absent members, in ed, be an inhabitant of that state for such manner, and under such penalwhich he shall be chosen. Art. 1, s. ties, as each may provide. Each 3.-2. The house of representatives house may determine the rules of its is composed of members chosen every proceedings; punish its members for second year by the people of the disorderly behaviour; and, with the several states, who are qualified elec- concurrence of two-thirds, expel a tors of the most numerous branch of member. Each house is bound to the legislature of the state to which keep a journal of its proceedings, and they belong. No person can be a from time to time, publish the same, representative until he has attained excepting such parts, as may in their the age of twenty-five years, and has judgment, require secrecy; and to been seven years a citizen of the enter the yeas and nays on the jourUnited States, and is, at the time of nal, on any question, at the desire of his election, an inhabitant of the state one-fifth of the members present. Art. in which he is chosen. Const. U. S. 1, s. 5. The members of both houses art. 1, § 2. The constitution requires are in all cases, except treason, felothat the representatives and direct ny and breach of the peace, privitaxes shall be apportioned among the leged from arrest during their attenseveral states, which may be included dance at the session of their respecwithin this Union, according to their tive houses, and in going to, and rerespective mumbers, which shall be turning from the same. Art. 1, s. 6. determined by adding to the whole These privileges of the two houses, number of free persons, including are obviously necessary for their prethose bound to service for a term of servation and character; and, what years, and excluding Indians not is still more important to the freedom taxed, three-fifths of all other persons. of deliberation, no member can be Art. 1, s. 1. The number of repre- questioned in any other place for any sentatives shall not exceed one for speech or debate in either house. Ib. every thirty thousand, but each state There is no express power given to shall have at least one representa- either house to punish for contempts, tive. Ib. except when committed by their own members, but they have such an implied power. 6 Wheat. R. 204. This power, however, extends no further than imprisonment, and that will continue no further than the duration of the power that imprisons. The im [3] Having shown how congress is constituted, it is proposed here to consider the privileges and powers of the two houses, both aggregately and separately. Each house is made the judge of the election, returns, and qualifica-prisonment will therefore terminate tions of its own members. Art. 1, with the adjournment or dissolution s. 5. As each house acts in these of congress. cases in a judicial character, its decisions, like the decisions of any other court of justice, ought to be regulated by known principles of law, and strictly adhered to, for the sake [4] The house of representatives has the exclusive right of originating bills for raising revenue, and this is the only privilege that house enjoys in its legislative character, which is [7] The ordinary mode of passing laws is briefly this; one day's notice of a motion for leave to bring in a bill, in cases of a general nature, is required; every bill must have three readings before it is passed, and these readings must be on different days; and no bill can be committed and In the house of representatives, bills, after being twice read, are committed to a committee of the whole house, when a chairman is appointed by the speaker to preside over the committee; the speaker leaves the chair, and takes a part in the debate as an ordinary member. When a bill has passed one house, it is transmitted to the other, and goes through a similar form, though in the senate there is less formality, and bills are often committed to a select committee, chosen by ballot. If a bill be altered or amended in the house to which it is transmitted, it is then returned to the house in which it orig not shared equally with the other; | officio, president of the senate, and and even those bills are amendable gives the casting vote when the memby the senate, in its discretion. Art. bers are equally divided. The pro1, s. 7. The two houses are an en- ceedings and discussions in the two tire and perfect check upon each houses are generally in public. other, in all business appertaining to legislation; and one of them cannot even adjourn, during the session of congress, for more than three days, without the consent of the other; nor to any other place than that in which the two houses shall be sitting. Art. 1, s. 5. [5] The powers of congress ex-amended until it has been twice read. tend generally to all subjects of a national nature. Congress are authorised to provide for the common defence and general welfare; and for that purpose, among other express grants, they have the power to lay and collect taxes, duties, imposts and excises; to borrow money on the credit of the United States; to regulate commerce with foreign nations, and among the several states, and with the Indians; 1 McLean, R. 257; to establish an uniform rule of naturalization, and uniform laws of bankruptcy throughout the United States; to establish post offices and post roads; to promote the progress of science and the useful arts, by secur-inated, and if the two houses cannot ing for a limited time to authors and inventors, the exclusive right to their respective writings and discoveries; to constitute tribunals inferior to the supreme court; to define and punish piracies on the high seas, and offences against the laws of nations; to declare war; to raise and support armies; to provide and maintain a navy; to provide for the calling forth of the militia; to exercise exclusive legislation over the District of Columbia; and to give full efficacy to the powers contained in the constitution. [6] The rules of proceeding in each house are substantially the same; the house of representatives choose their own speaker; the vice-president of the United States, is, ex agree, they appoint a committee to confer on the subject. When a bill is engrossed, and has received the sanction of both houses, it is sent to the president for his approbation. If he approves of the bill, he signs it. If he does not, it is returned, with his objections, to the house in which it originated, and that house enters the objections at large on their journal, and proceeds to re-consider it. If, after such re-consideration, two-thirds of the house agree to pass the bill, it is sent, together with the objections, to the other house, by which it is likewise re-considered, and if approved by two-thirds of that house, it becomes a law. But in all such cases, the votes of both houses are deter mined by yeas and nays; and the names of the persons voting for and against the bill, are to 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 the congress, by their adjournment, prevent its return; in which case it shall not be a law. Art. 1, s. 7. See House of Representatives; President; Senate; Veto; Kent, Com. lecture xi.; Rawle on the Const. ch. ix. TABLE. 1. Congress defined, 1. 2. Congress of the United States, 2. 1. Senate, 2. 1. Number of senators, 2. 2. Classes of senators, 2. 3. Qualification of senators, 2. 2. House of representatives, 2. 1. Number of members, 2. 2. Qualification of members, 2. 3. This house has the sole right to originate revenue bills, 4. 3. Powers of both houses separately, 3. 1. Each to judge of the election of its members, 3. 2. A majority in each house to consti- 3. Each to make rules, 3. 6. Each house may punish for con tempt, 3. 4. The powers of both houses, 5, extend to, 1. Provide for the common defence, 5. 2. Lay taxes, &c. 5. 3. Borrow money, 5. 4. Regulate commerce, 5. 11. Declare war, 5. 12. Raise and support armies, 5. 5. The rules of proceeding in each house, 6. The mode of passing laws, 7. CONGRESS, med. juris. This name was anciently given in France, England, and other countries, to the indecent consummation of marriage, when made in the presence of witnesses appointed by the courts, in cases when the husband or wife was charged by the other with impotence. Trebuchet, Jurisp. de Méd. 101; Dictionnaire des Sciences Medicales, art. Congrès, by Marc. CONJUNCTIVE, contracts,wills, instruments. A term in grammar used to designate particles which connect one word to another, or one proposition to another proposition. There are many cases in law, where the conjunctive and is used for the disjunctive or, and vice versa. An obligation is conjunctive when it contains several things united by a conjunction, to indicate that they are all equally the object of the matter or contract; for example, if I promise for a lawful consideration, to deliver to you my copy of the Life of Washington, my Encyclopædia, and my copy of the History of the United States, I am then bound to deliver all of them and cannot be discharged by 5. Establish uniform rules of naturali. delivering one only. There are, ac zation, 5. cording to Toullier, tom. vi. n. 686, many separate obligations as there are things to be delivered, and the obligor may discharge himself pro tanto by delivering either of them, or in case of refusal the tender will be valid. It is presumed, however, that only one action could be maintained for the whole. But if the articles in the agreement had not been enumerated, I could not, according to Toullier, deliver one in discharge of my contract, without the consent of the creditor; as if, instead of enumerating the books above mentioned, I had bound myself to deliver all my books, the very books in question. Vide Disjunctive, Item, and the cases there cited; and also, Bac. Ab. Conditions, M; 1 Bos. & Pull. 242; 4 Bing. N. C. 463; S. C. 33 E. C. L. R. 413. CONJURATION, swearing together. It signifies a plot, bargain, or compact made by a number of persons under oath, to do some public harm. In times of ignorance this word was used to signify the personal conference which some persons were supposed to have had with the devil, or some evil spirit, to know any secret, or effect any purpose. which are judicial to another. Art. 2.-The legislative power is vested in two distinct houses or branches, the one styled the senate, and the other, the house of representatives, and both together the general assembly. 1. The senate consists of twelve members chosen annually by the electors. 2. The house of representatives consists of electors residing in towns from which they are elected. The number of representatives is to be the same as at present practised and allowed; towns which may be hereafter incorporated are to be entitled to one representative only. 2d. The executive power is vested in a governor and lieutenant-governor. 1. The supreme executive power of the state is vested in a governor, chosen by the electors of the state; CONNECTICUT. The name of he is to hold his office for one year one of the original states of the Uni- from the first Wednesday of May, ted States of America. It was not next succeeding his election, and ununtil the year 1665 that the territory til his successor be duly qualified. now known as the state of Connec- Art. 4, s. 1. The governor possesses ticut was united under one govern- the veto power, art. 4, s. 12. 2. The ment. The charter was granted by lieutenant-governor is elected immeCharles the Second, in April, 1662, diately after the election of governor, but as it included the whole colony in the same manner as is provided of New Haven, it was not till 1665, for the election of governor, who conthat the latter ceased its resistance, tinues in office the same time, and when both the colony of Connecticut is to possess the same qualifications and that of New Haven agreed, and as the governor. Art, 4, s. 3. The then they were indissolubly united lieutenant-governor, by virtue of his and have so remained. This char-office, is president of the senate; and ter, with the exception of a temporary in case of the death, resignation, resuspension, continued in force till the American revolution, and afterwards continued as a fundamental law of the state till the year 1818, when the present constitution was adopted. 1 Story on the Const. § 86-88. The constitution was adopted on the fifteenth day of September, 1818. The powers of the government are divided into three distinct departments, and each of them confided to a separate magistracy, to wit: those which are legislative, to one; those which are executive to another; and those fusal to serve, or removal from office of the governor, or of his impeachment or absence from the state, the lieutenant-governor exercises all the powers and authority appertaining to the office of governor, until another be chosen, at the next periodical election for governor, and be duly quali fied; or until the governor impeached or absent shall be acquitted or return. Art. 4, s. 14. 3d. The judicial power of the state is vested in a supreme court of errors, a superior court, and such inferior courts as the general assembly may from time to time ordain and establish; the powers of which courts shall be defined. A sufficient number of justices of the peace, with such jurisdiction, civil and criminal, as the general assembly may prescribe, are to be appointed in each county. Art. 5. quest, until they are abrogated, unless they are contrary to our religion or enact any malum in se; for in all such cases the laws of the conquering country prevail; for it is not to be presumed that laws opposed to religion or sound morals could be sanctioned. 1 Story, Const. § 150, CONNIVANCE, is an agreement and the cases there cited. The conor consent, indirectly given, that quest and military occupation of a something shall be done by another. part of the territory of the United The connivance of the husband to States by a public enemy, renders his wife's prostitution deprives him of such conquered territory, during such the right of obtaining a divorce; or of occupation, a foreign country with recovering damages from the seducer. respect to the revenue laws of the It may be satisfactorily proved by United States. 4 Wheat. R. 246; implication. Connivance differs from 2 Gallis. R. 486. The people of a condonation, (q. v.) though either conquered territory change their almay have the same legal conse- legiance; but, by the modern pracquences. Connivance necessarily in- tice, their relations to each other, and volves criminality on the part of the their rights of property remain the individual who connives; condona- same. 7 Pet. R. 86. Conquest does tion may take place without imputing not, per se, give the conqueror plethe slightest blame to the party who num dominium et utile, but a tempoforgives the injury. Connivance must rary right of possession and govern. be the act of the mind before the of- ment. 2 Gallis. R. 486; 3 Wash. C. fence has been committed, condona- C. R. 101. See 8 Wheat. R. 591; tion, is the result of a determination 2 Bay, R. 229; 2 Dall. R. 1; 12 to forgive an injury which was not Pet. 410. The right which the Enknown until after it was inflicted. 3 glish government claimed over the Hagg. Eccl. R. 350. Connivance territory now composing the United differs also from collusion, (q. v.); States was not founded on conquest the former is generally collusion for but discovery. Ib. § 152 et seq. a particular purpose, while the latter may exist without connivance. Hagg. Eccl. R. 130. Vide Shelf. on Mar. & Div. 449; 3 Hagg. R. 82; 2 Hagg. R. 376; Ib. 278; 3 Hagg. R. 58, 107, 119, 131, 312. 3 CONQUEST, feudal law. This term was used by the feudists to signify purchase. CONQUEST, international law, is the acquisition of the sovereignty of a country by force of arms, exercised by an independent power which reduces the vanquished to the submission of its empire. It is a general rule that where conquered countries, have laws of their own, these laws remain in force after the con CONQUETS, French law. The name given to every acquisition which the husband and wife, jointly or severally make, during the conjugal community. Thus whatever is acquired by the husband and wife, either by his or her industry or good fortune, enures to the extent of one half for the benefit of the other. Merl. Rép. mot Conquêt; Merl. Quest. mot Conquêt. In Louisiana these gains are called aquets, (q. v.) Civ. Code of Lo. art. 2369. CONSANGUINITY is the relation subsisting among all the different persons descending from the same stock, or common ancestor. 2 Bl. Com. 202; Toull. Dr. Civ. Fr. liv. |