they shall be divided as equally as may be into three classes. The seats of the Sena tors of the first class shall be vacated at the end of the second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the Legislature of any State, the executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. Const., I, 3.] [No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. Const. I, 3.] [The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. Const., I, 2.] [No person shall be a Representative who shall not have attained to the age of twenty-five years and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Const., I, 2.] [Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers; which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exexceed one for every thirty thousand, but each State shall have at least one Representative. Const., I, 2.] [When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. Const., I, 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., I, 6.] SEC. VI. QUORUM. tute a quorum to do business, but a [A majority of each House shall constismaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner and under such penalties as each House may provide. Const., I, 5.] In general the chair is not to be taken till 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 adjourned. And whenever, during business, it is observed that a call for the House to be counted, and being quorum is not present, any member may found deficient, business is suspended. 2 Hats., 125, 126. [The President having taken the chair, of the preceding day shall be read, to the and a quorum being present, the journal end that any mistake may be corrected that shall have been made in the entries. Rules of the Senate.] SEC. 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. House of Commons, 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. SEC. 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 the expense of such absent members, reof such members present shall agree, at spectively, unless such excuse for non-attendance shall be made as the Senate, sufficient: and in that case the expense when a quorum is convened, shall judge 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 session, after the hour is arrived to which time of meeting, as to each day of the the Senate stood adjourned. Rule 8.] SEC. 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. Constitution, I, 3.] [The Senate shall choose their 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. Ib.] [The House of Representatives shall choose their Speaker and other officers. Const., I, 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 objection, or another proposed, a question is put by the Clerk. 2 Hats., 158. 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 fourteen 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's appearing and taking the chair, or at the meeting of the Senate after the first recess.] Where the Speaker has been ill, other Speakers pro tempore have been appointed. Instances of this are 1 H., 4. Sir John Cheyney, and Sir William Sturton, and in 15 H., 6. Sir John Tyrrel, in 1656, January 27; 1658, March 9; 1659, January 13. Sir Job Charlton ill, Seymour chosen, February 18. Seymour being ill, Sir Robert Sawyer chosen, 1678, April 15. Sawyer being ill, Seymour cho sen. 1673, Not merely pro tempore. 1 Chand., 169, 276, 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; L. Parl., 263. A Speaker may be removed at the will of the House, and a Speaker pro tempore appointed. 2 Grey, 186; 5 Grey, 134. SEC. X.-ADDRESS. [The President shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. Const., II, 3.] A joint address of both Houses of Parliament is read by the Speaker of the House of Lords. It may be 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., 278. SEC. 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., 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'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 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 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 service of the House. 2 Nals., 319. It appears that on joint committees of the Lords and Commons, each committee acted integrally in the following instances: 7 Grey, 26, 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, 213, 229, 321. SEC. 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 till they get into a shape which meets the approbation of a majority. These being reported and confirmed by the House, are then referred to one or more select committees, according as the subject divides itself into one or more bills. Scob., 36, 44. Propositions for any charge on the people are especially to be first made in a Committee of the they shall be divided as equally as may be into three classes. The seats of the Sena tors of the first class shall be vacated at the end of the second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the Legislature of any State, the executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. Const., I, 3.] [No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. Const. I, 3.] [The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. Const., I, 2.] [No person shall be a Representative who shall not have attained to the age of twenty-five years and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Const., I, 2.] [Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers; which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exexceed one for every thirty thousand, but each State shall have at least one Representative. Const., I, 2.] When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. Const., I, 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., I, 6.] SEC. 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 provide. Const., I, 5.] In general the chair is not to be taken till 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 adjourned. And whenever, during business, 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 shall have been made in the entries. Rules of the Senate.] SEC. 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. House of Commons, 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. SEC. 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 the expense of such absent members, reof such members present shall agree, at spectively, unless such excuse for non-attendance shall be made as the Senate, sufficient: and in that case the expense when a quorum is convened, shall judge 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 the Senate stood adjourned. Rule 8.] session, after the hour is arrived to which SEC. 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. Constitution, I, 3.] [The Senate shall choose their 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. Ib.] [The House of Representatives shall choose their Speaker and other officers. Const., I, 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 objection, or another proposed, a question is put by the Clerk. 2 Hats., 158. 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 fourteen 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's appearing and taking the chair, or at the meeting of the Senate after the first recess.] Where the Speaker has been ill, other Speakers pro tempore have been appointed. Instances of this are 1 H., 4. Sir John Cheyney, and Sir William Sturton, and in 15 H., 6. Sir John Tyrrel, in 1656, January 27; 1658, March 9; 1659, January 13. Sir Job Charlton ill, Seymour chosen, 1673, February 18. Seymour being ill, Sir Robert Sawyer chosen, 1678, April 15. Sawyer being ill, Seymour cho sen. Not merely pro tempore. 1 Chand., 169, 276, 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; L. Parl., 263. A Speaker may be removed at the will of the House, and a Speaker pro tempore appointed. 2 Grey, 186; 5 Grey, 134. SEC. X.-ADDRESS. [The President shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. Const., II, 3.] A joint address of both Houses of Parliament is read by the Speaker of the House of Lords. It may be 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., 278. SEC. 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., 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'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 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 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 service of the House. 2 Nals., 319. It appears that on joint committees of the Lords and Commons, each committee acted integrally in the following instances: 7 Grey, 26, 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, 213, 229, 321. SEC. 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 till they get into a shape which meets the approbation of a majority. These being reported and confirmed by the House, are then referred to one or more select committees, according as the subject divides itself into one or more bills. Scob., 36, 44. Propositions for any charge on the people are especially to be first made in a Committee of the Whole. 8 Hats., 127. The sense of the] having leave, and on the time the House whole is better taken in committee, be- will again resolve itself into a committee. cause in all committees every one speaks Scob., 38. But if they have gone through as often as he pleases. Scob., 49. They the matter referred to them, a member generally acquiesce in the chairman named moves that the committee may rise, and by the Speaker; but, as well as all other the chairman report their proceedings to committees, have a right to elect one, some the House; which being resolved, the member, by consent, putting the question. chairman rises, the Speaker resumes the Scob., 36; 3 Grey, 301. The form of go- chair, the chairman informs him that the ing from the House into committee, is for committee have gone through the business the Speaker, on motion, to put the ques- referred to them, and that he is ready to tion that the House do now resolve itself make report when the House shall think into a Committee of the Whole to take in- proper to receive it. If the House have to consideration such a matter, naming it. time to receive it, there is usually a cry of If determined in the affirmative, he leaves": now, now," whereupon he makes the rethe chair and takes a seat elsewhere, as port; but if it be late, the cry is "to-morany other member; and the person ap- row, to-morrow," or Monday," &c., or a pointed chairman seats himself at the motion is made to that effect, and a quesClerk's table. Scob., 36. Their quorum is tion put that it be received to-morrow, the same as that of the House; and if a &c. Scob., 38. defect happens, the chairman, on a motion and question, rises, the Speaker resumes the chair, and the chairman can make no other report than to inform the House of the cause of their dissolution. If a message is announced during a committee, the Speaker takes the chair and receives it, because the committee cannot. 2 Hats., 125, 126. In a Committee of the Whole, the tellers on a division differing as to numbers, great heats and confusion arose, and danger of a decision by the sword. The Speaker took the chair, the mace was forcibly laid on the table; whereupon, the members retiring to their places, the Speaker told the House "he had taken the chair without an order, to bring the House into order." Some excepted against it; but it was generally approved, as the only expedient to suppress the disorder. And every 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, 128. 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 House; 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 had time to go through the same, have directed him to ask leave to sit again. Whereupon a question is put on their In other things the rules of proceeding are to be the same as in the House. Scob., 39. SEC. XIII.-EXAMINATION OF WITNESSES. Common fame is a good ground for the House to proceed by inquiry, and even to accusation. Resolution House of Commons, 1 Car. 1, 1625; Rush, L. Parl,, 115; 1 Grey, 16-22, 92; 8 Grey, 21, 23, 27, 45. Witnesses are not to be produced but where the House has previously instituted an inquiry, 2 Hats., 102, nor then are orders for their attendance given blank. 3 Grey, 51. When any person is examined before a committee, or at the bar of the House, any member wishing to ask the person a question, must address it to the Speaker or chairman, who repeats the question to the person, or says to him, "You hear the question-answer it." But if the propriety of the question be objected to, the 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 be fore the witness enters. Ib., 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 Grey, 52, 334. If either House have occasion for the presence of a person in custody of the other, they ask the other their leave that he may be brought up to them in custody. 3 Hats., 52. A member, in his place, gives information to the House of what he knows of any matter under hearing at the bar. Jour. H. of C., Jan. 22, 1744–5. Either House may request, but not com. mand, the attendance of a member of the |