21 Admitted under act of Congress of March 3, 1845, with two Representatives.

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66

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When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.-Const. U. S., Art. 1, Sec. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time ; and no person, holding any office under the United States, shall be a member of either House, during his continuance in office.-Const. U. S., Art. 1, Sec. 6.

SECTION VI.

QUORUM.

A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may decide.Const. U. S., Art. 1, Dec. 5.

In general, the chair is not to be taken until a quorum for business is present; unless, after due waiting, such a quorum be despaired of, when the chair may be taken and the House adjourn. And whenever, during businiss, it is observed that a quorum is not present, any member may call for the House to be counted; and being found deficient, business is suspended.-2 Hats., 125, 126.

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 shail have been made in the entries.-Rules of the Senate, 1.

SECTION VII.

CALL OF THE HOUSE.

On a call of the House, each person rises up as he is called, and answereth; the absentees are then only noted, but no excuse to be made till the House be fully called over. Then the absentees are called a second time, and if still absent, excuses are to be heard.— Ord. H. of C. 92.

They rise, that their persons may be recognized; the voice, in such a crowd, being an insufficient verification of their presence; but in so small a body as the Senate of the United States, the trouble of rising cannot be necessary.

Orders for calls on different days may subsist at the same time.-2 Hats. 72.

SECTION VIII.

ABSENCE.

No member shall absent himself from the service of the Senate without leave of the Senate first obtained. And in case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the Sergeant-at-Arms, or any other person or persons by them authorized, for any or all absent members, as the majority of such members present shall agree, at the expense of such absent members, respectively, unless such excuse for non-attendance shal be made, as the Senate, when a quorum is convened, shall judge sufficient; and in that case the expense shall be paid out of the contingent fund. And this rule shall apply as well to the first convention of the Senate at the legal time of meeting, as to each day of the session, after the hour is arrived to which the Senate stood adjourned.-Rule 8.

SECTION IX.

SPEAKER.

The Vice-President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided.-Const., U. S., Art. I., Sec. 3.

The Senate shall choose their other officers, and also a President pro-tempore in the absence of the Vice-President, or when he shall exercise the office of President of the United States.-Const. U. S., Art. I., Sec. 3.

The House of Representatives shall choose their Speaker and other officers.-Const. U. S., Art. I., Sec. 2.

When but one person is proposed, and no objection made, it has not been usual in Parliament to put any question to the House; but without a question, the members proposing him conduct him to the chair. But if there be objections, or another proposed, a question is put by the clerk.-2 Hats. 168. As are also questions of adjournment.-6 Grey, 406. Where the House debated and exchanged messages and answers with the King for a week, without a speaker, till they were prorogued. They have done it de die in diem for 14 days.-1 Chand. 331, 335.

In the Senate, a President pro-tempore, in the absence of the Vice-President, is proposed and chosen by ballot. His office is understood to be determined on the Vice-President appearing and taking the chair, or at the meeting of the Senate after the first recess.-Vide Rule 23.

Where the Speaker has been ill, other Speakers pro-tempore have been appointed. Instances of this are, 1 H. 4, Sir John Cheney, and for Sir William Sturton, and in 15 H. Sir John Tyrrell, in 1656, Jan. 27-1658, Mar. 9-1659, Jan. 13.

18.

Sir Job Charlton ill, Seymour Chosen, 1673, Feb.

Seymour being ill, Sir Robert Sawyer chosen,1678, April 15.

Sawyer being ill, Seymour chosen.

Not merely Chand. 169,276, pro-tempore, 1

277.

Thorpe in execution, a new Speaker chosen-31 H. VI.—3 Grey, 11; and March 14, 1694, Sir John Trevor chosen. There have been no later instances.-2 Hats. 161.-4 Inst.-8 Lex. Parl. 263.

A Speaker may be removed at the will of the House, and a Speaker pro-tempore appointed.-Grey, 186.—5 Grey, 134.— Vide Rule Šen. 23.

SECTION X.

ADDRESS.

The President shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient.-Const. U. S., Art. II., Sec. 3.

A joint address of both Houses of Parliament is read by the Speaker of the House of Lords. It may be attended by both Houses in a body, or by a committee from each House, or by the two Speakers only. An address of the House of Commons only may be presented by the whole House, or by the Speaker-9 Grey, 473, 1 Chandler, 298, 301, or by such particular members as are of the Privy Council.-2 Hats. 276.

SECTION XI.

COMMITTEES.*

Standing committees, as of privileges and elections, &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 presides over them, puts questions, and reports their proceedings to the House.-4 Inst. 11, 12-Scob. 7-1 Grey, 112. At these committees the members are to speak standing, and not sitting; though there is reason to conjecture it was formerly otherwise. D'Ewes, 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 proved 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 committee to inquire concerning him.-9 Grey, 523.

So soon as the House sits, and a committee is notified of it, the chairman is in duty bound to rise instantly, and the members to attend the services of the House,-2 Nals. 319. Vide Rules H. R. 102.

It appears, that on joint committee of the Lords and Commons, each committee acted integrally, in the following instances.-7 Grey, 261, 278, 285, 338—1 Chandler, 357, 462. In the following instances it does not appear whether they did or not.-6 Grey, 129–7 Grey, 123, 229, 321.

SECTION XII.

COMMITTEE OF THE WHOLE.

The speech, messages, and other matters of great concernment, are usually referred to a committee of the whole House-6 Grey, 311, where general principles are digested in the form of resolutions, which are debated and amended until they get into a shape which meets the approbation of a majority. These being reported and confirmed by the House, are then referred to one or more select committees, according as the subject divides itself into one or more bills-Scob. 36, 44. Propositions for any charge on the people are especially to be first made in a committee of the whole-3 Hats. 127. Vide Rules H. R. 123, 124. The sense of the whole is better taken in committee, because in all committees every one speaks as often as he pleases-Scob. 49— Vide Rules H. R. 125. They generally 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 question.-Scob. 363 Grey, 301- Vide Rules H. R. 118. The form of going from the House into committee, is for the Speaker, on motion, to put the question that

*Mode of appointing committees.-Vide Senate Rules, 33. 34. Rules H. R.7.

the House do now resolve itself into a committee of the whole, to take under consideration such a matter, naming it. If determined in the affirmative, he leaves the chair, and takes a seat elsewhere, as any other member; and the person appointed chairman seats himself at the clerk's table.-Scob. 36- Vide Rules H. R. 118. 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 Hats. 125, 126.

In a committee of the whole, the tellers, on a division, differing as to numbers, great heats and confusion arose, and danger of a decision by the sword. The Speaker took the chair, the mace was forcibly laid on the table; whoreupon the members retiring to their places, the Speaker told the House "he had taken the chair without an order to bring the House into order." Some excepted against it; but it was generally appoved as the only expedient to suppress disorder. And every member was required, standing up in his place, to engage that he would proceed no further, in consequence of what had happened in the grand committee, which was done.-3 Grey, 139.

A committee of the whole being broken up in disorder, and the chair resumed by the Speaker without an order, the House was adjourned. The next day the committee was considered as thereby dissolved, and the subject again before the Honse; and it was decided in the House, without returning into committee.-3 Grey, 130.

No previous question can be put in a committee; nor can this committee adjourn as others may; but if their business is unfinished, they rise on a question, the House is resumed, and the chairman reports that the committee of the whole have, according to order, had under their consideration such a matter, and have made progress therein; but not having time to go through the same, have directed him to ask leave to sit again. Whereupon, a question is put on their having leave, and on the time when the House will again resolve itself into a committee. Scob. 38. But if they have gone through the matter referred to them, a member moves that the committee may rise, and the chairman report their proceedings to the House, which being resolved, the chairman rises, the Speaker resumes the chair, 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 House have time to receive it, there is usually a cry of "Now, now," whereupon he makes the report; but if it be late, the cry is, "To-morrow, to-morrow," or, "On Monday," &c.; or a 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 proceedings are to be the same as in the House.-Scob. 39.

SECTION XIII.

EXAMINATION OF WITNESSES.

Common fame is a good ground for the House to proceed by inquiry, and even to accusation.-Resolutions of House of Commons, 1 Carl. 1, 1625-Rush. Lex. Parl. 115-1 Grey, 16, 22, 92-8 Grey 21, 23, 27, 45.

Witnesses are not to be introduced but where the House has previously instituted an inquiry, 2 Hats. 102, nor then are orders for their attendance given blank.-3 Grey, 51.

When any person is examined before a committee, or at the bar of the House, any member wishing to ask the person a question, must address it to the Speaker or chairman, who repeats the question to the person, or says to him, "You hear the question, answer it." But if the propriety of the question be objected to, the Speaker directs the witness, counsel, and parties to withdraw; for no question can be moved, or put, or debated while they are there.-2 Hats. 108. Sometimes the questions are previously settled in writing before the witness enters.-2 Hats. 106, 107—8 Grey, 64. The questions asked must be entered in the journals.-3 Grey, 81. But the testimony given in answer before the House, is never written down; but before a committee it must be, for the information of the House, who are not present to hear it.-7 Crey, 52, 334.

If either House have occasion for the presence of a person in custody of the other, they ask the other their leave that he may be brought up to them in custody.-3 Hats. 52.

A member in his place gives information to the House of what he knows of any matter under hearing at the bar.-Jour. H. of C., Jan. 22, 1744, 5.

Either House may request, but not command, the attendance of a member of the other. They are to make the request by message to the other House, and to express clearly the purpose of attendance, that no improper subject of examination may be tendered to him. The House then gives leave to the member to attend, if he choose it; waiting first to know from the member himself whether he chooses to attend, till which they do not take the message into consideration. But when the Peers are sitting as a court of Criminal Judicature, they may order attendance; unless where it be a case of impeachment by the Commons. There is to be a request.-3 Hats. 17-9 Grey, 306, 406 -10 Grey, 133.

Counsel are to be heard only on private, not on public bills; and on such points of law only as the House shall direct.-19 Grey, 61.

SECTION XIV.

ARRANGEMENT OF BUSINESS.

The Speaker is not precisely bound to any rules as to what bills or other matter shall be first taken up, but is left to his own discretion, unless the House on a question decide to take up a particular subject. -Hakew. 136.