safety of the nation. 10 Grey, 171. Or when the methods of Parliament are thought by the one House to have been departed from by the other, a conference is asked to come to a right understanding thereon. 10 Grey, 148. So when an unparliamentary message has been sent, instead of answering it, they ask a conference. 3 Grey, 155. Formerly an address or articles of impeachment, or a bill with amendments, or a vote of the House, or concurrence in a vote, or a message from the King, were sometimes communicated by way of conference. 6 Grey, 128, 300, 337; 7 Grey, 80; 8 Grey, 210, 255; 1 Torbuck's Deb., 278; 10 Grey, 293; 1 Chandler, 49, 287. But this is not the modern practice. 8 Grey, 255. A conference has been asked after the first reading of a bill. 1 Grey, 194. This is a singular instance. SEC. XLVII.-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 debate. 3 Hats., 22. [In Senate the messengers are introduced in any state of business, except, 1. While a question is being put. 2. While the yeas and nays are being called. 3. While the ballots are being counted. Rule 51. The first case is short; the second and third are cases where any interruption 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 attends, the Speaker takes the chair to receive the message, and then quits it to return into committee, without any question or interruption. 4 Grey, 226. Messengers are not saluted by the members, but by the Speaker for the House. 2 Grey, 253, 274. If messengers commit an error in delivering their message, they may be admitted or called in to correct their message. 4 Grey, 41. Accordingly, March 13, 1800, the Senate having made two amendments to a bill from the House of Representatives, their Secretary, by mistake, delivered one only; which being inadmissible by itself, that House disagreed, and notified the Senate of their disagreement. This produced a discovery of the mistake. The Secretary was sent to the other House to correct his mistake, the correction was received, and the two amendments acted on de novo. As soon as the messenger, who has brought bills from the other House, has retired, the Speaker holds the bills in his hand, and 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. Hakew., 178. It is not the usage for one House to inform the other by what numbers a bill is passed. 10 Grey, 150. Yet they have sometimes recommended a bill, as of great importance, to the consideration of the House to which it is sent. 3 Hats., 25. Nor when they have rejected a bill from the other House, do they give notice of it; but it passes sub silentio, to prevent unbecoming altercations. 1 Blackst., 183. [But in Congress the rejection is notified by message to the House in which the bill originated.] A question is never asked by the one House of the other by way of message, but only at a conference; for this is an interrogatory, not a message. 3 Grey, 151, 181. When a bill is sent by one House to the other, and is neglected, they may send a message to remind them of it. 3 Hats., 25; 5 Grey, 154. But if it be mere inattention, it is better to have it done informally by communications between the Speakers or members of the two Houses. Where the subject of a message is of a nature that it can properly be communicated to both Houses of Parliament, it is expected that this communication should be made to both on the same day. But where a message was accompanied with an original declaration, signed by the party to which the message referred, its being sent to one House was not noticed by the other, because the declaration, being original, could not possibly be sent to both Houses at the same time. 2 Hats., 260, 261, 262. The King having sent original letters to the Commons, afterward desires they may be returned, that he may communicate them to the Lords. 1 Chandler, 303. SEC. XLVIII.-ASSENT. The House which has received a bill and passed it may present it for the King's assent, and ought to do it, though they have not by message notified to the other their passage of it. Yet the notifying by message is a form which ought to be observed between the two Houses from motives of respect and good understanding. 2 Hats., 242. Were the bill to be withheld from being presented to the King, it would be an infringement of the rules of Parliament. Ib. [When a bill has passed both Houses of Congress, the House last acting on it notifies its passage to the other, and delivers the bill to the Joint Committee of Enrolment, who see that it is truly enrolled in parchment]. When the bill is enrolled, it is not to be written in paragraphs, but solidly, and all of a piece, that the blanks between the paragraphs If a question is interrupted by a vote to adjourn, or to proceed to the orders of the day, the original question is never printed in the journal, it never having been a vote, nor introductory to any vote; but when suppressed by the previous question, the first question must be stated, in order to introduce and make intelligible the second. 2 Hats., 83. So also when a question is postponed, adjourned, or laid on the table, the original question, though not yet a vote, must be expressed in the journals; because it makes part of the vote of postponement, adjourning, or laying it on the table. may not give room for forgery. 9 Grey, 143. [It is then put into the hands of the Clerk of the House of Representatives to have it signed by the Speaker. The Clerk then brings it by way of message to the Senate to be signed by their President. The Secretary of the Senate returns it to the Committee of Enrolment, who present it to the President of the United States. If he approve, he signs, and deposits it among the rolls in the office of the Secretary of State, and notifies by message the House in which it originated that he has approved and signed it; of which that House informs the other by message. If the President disapproves, he is to return Where amendments are made to a quesit, with his objections, to that House in which it shall have originated; who are the journals, separated from the question; tion, those amendments are not printed in to enter the objections at large on their but only the question as finally agreed to journal, and proceed to reconsider it. If by the House. The rule of entering in the after such reconsideration, two-thirds of that House shall agree to pass the bill, it journals only what the House has agreed shall be sent, together with the Presi-to, is founded in great prudence and good sense; as there may be many questions dent's objections, to the other House, by which it shall likewise be reconsidered; proposed, which it may be improper to and if approved by two-thirds of that publish to the world in the form in which House, it shall become a law. If any bill they are made. 2 Hats., 85. 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 after he had signed it, unless the Congress, by their adjournment, prevent its return; in which case it shall not be a law. Const., 1,7.] [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 approved by him; or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. Const., I, 7.] SEC. XLIX.-JOURNALS. [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. Const., I, 5.1 [The proceedings of the Senate, when not acting as in a Committee of the Whole. shall be entered on the journals as concisely as possible, care being taken to detail a true account of the proceedings. Every vote of the Senate shall be entered on the journals, and a brief statement of the contents of each petition, memorial, or paper presented to the Senate, be also inserted on the journal. Rule 5.] [The titles of bills, and such parts thereof, only, as shall be affected by proposed amendments, shall be inserted on the journals. Rule 5.] [In both Houses of Congress, all questions whereon the yeas and nays are desired by one-fifth of the members present, whether decided affirmatively or negatively, must be entered in the journals. Const., I, 5.] The first order for printing the votes of the House of Commons was October 30, 1685. 1 Chandler, 387. Some judges have been of opinion that the journals of the House of Commons are no records, but only remembrances. But this is not law. Hob., 110, 111; Lex Parl., 114, 115; Jour. H. C., Mar. 17, 1592; Hale, Parl., 105. For the Lords in their House have power of judicature, the Commons in their House have power of judicature, and both Houses together have power of judicature; and the book of the Clerk of the House of Commons is a record, as is affirmed by act of Parl., 6 H. 8, c. 16; 4 Inst., 23, 24; and every member of the House of Commons hath a judicial place. 4 Inst., 15. As records they are open to every person, and a printed vote of either House is sufficient ground for the other to notice it. Either may appoint a committee to inspect the journals of the other, and report what has been done by the other in any particular case. 2 Hats., 261; 3 Hats., 27-30. Every member has a right to see the journals and to take and publish votes from them. Being a record, every one may see and publish them. 6 Grey, 118, 119. On information of a mis-entry or omission of an entry in the journal, a committee may be appointed to examine and rectify it, and report it to the House. 2 Hats., 194,1195. SEC. L.-ADJOURNMENT. whole session is considered in law but as one day, and has relation to the first day thereof. Bro. Abr. Parliament, 86. The two Houses of Parliament have the sole, separate, and independent power of adjourning each their respective Houses. Committees may be appointed to sit The King has no authority to adjourn during a recess by adjournment, but not them; he can only signify his desire, and by prorogation. 5 Grey, 374; 9 Grey, 350; it is in the wisdom and prudence of either tinue any portion of itself in any parlia1 Chandler, 50. Neither House can conHouse to comply with his requisition, or not, as they see fitting. 2 Hats., 232; 1mentary function beyond the end of the Blackst., 186; 5 Grey, 122. session, without the consent of the other two branches. When done, it is by a bill constituting them commissioners for the particular purpose. [By the Constitution of the United States, a smaller number than a majority may adjourn from day to day. I, 5. But "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." I, 5. And in case of disagreement between them, with respect to the time of adjournment, the President may adjourn them to such time as he shall think proper. Const., II, 3.] A motion to adjourn, simply, cannot be amended, as by adding "to a particular day;" but must be put simply that this House do now adjourn;" and if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolution, "that at its rising it will adjourn to a particular day," and then the House is adjourned to that day. 2 Hats., 82. Where it is convenient that the business of the House be suspended for a short time, as for a conference presently to be held, &c., it adjourns during pleasure; 2 Hats., 305; or for a quarter of an hour.' 5 Grey, 331. If a question be put for adjournment, it is no adjournment till the Speaker pronounces it. 5 Grey, 137. And from cour tesy and respect, no member leaves his place till the Speaker has passed on. which [Congress separate in two ways only, to wit: by adjournment, or dissolution by the tutes a session with them? A dissolution efflux of their time. What, then, consticertainly closes one session, and the meeting of the new Congress begins another. The Constitution authorizes the President both Houses, or either of them." I, 3. If on extraordinary occasions, to convene convened by the President's proclamation, this must begin a new session, and of course determine the preceding one to have been a session. So if it meets under the clause of the Constitution, at least once in every year, and such meetsays, "the Congress shall assemble ing shall be on the first Monday in December, unless they shall by law appoint a different day." I, 4. This must begin a new session; for even if the last adjournment was to this day, the act of adjournment is merged in the higher authority of the Constitution, and the meeting will be under that, and not under their adjourn ment. So far we have fixed landmarks it is declared by the joint vote authorizing for determining sessions. In other cases the President of the Senate and the Speaker to close the session on a fixed day, which is usually in the following form: "Resolved by the Senate and House of Representatives, that the President of the Senate and the Speaker of the House of tion, to wit: by adjournment, by proroga- Representatives be authorized to close the tion or dissolution by the King, or by the present session by adjourning their reefflux of the term for which they were spective Houses on the day of"] elected. Prorogation or dissolution con- When it was said above that all matters stitutes there what is called a session; pro-depending before Parliament were disconvided some act was passed. In this case tinued by the determination of the session, all matters depending before them are dis- it was not meant for judiciary cases decontinued, and at their next meeting are pending before the House of Lords, such to be taken up de novo, if taken up at all. as impeachments, appeals, and writs of 1 Blackst., 186. Adjournment, which is error. These stand continued, of course, by themselves, is no more than a continu- to the next session. Raym., 120, 381; ance of the session from one day to an- Ruffh. Jac., L. D. Parliament. other, or for a fortnight, a month, &c., ad libitum. All matters depending remain in statu quo, and when they meet again, be the term ever so distant, are resumed, without any fresh commencement, at the point at which they were left. 1 Lev., 165; Lex. Parl., c. 2; 1 Ro. Rep., 29; 4 Inst., 7, 27, 28; Hutt., 61; 1 Mod., 252; Ruffh. Jac., L. Dict. Parliament; 1 Blackst., 186. Their SEC. LI.-A SESSION. Parliament have three modes of separa [Impeachments stand, in like manner, continued before the Senate of the United States.] SEC. LII.-TREATIES. [The President of the United States has power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur. Const., II, 2.] [Resolved, that all confidential commu-| The Constitution thought it wise to renications made by the President of the strain the Executive and Senate from enUnited States to the Senate shall be, by tangling and embroiling our affairs with the members thereof, kept secret; and that those of Europe. Besides, as the negotiaall treaties which may hereafter be laid tions are carried on by the Executive alone, before the Senate shall also be kept secret, the subjecting to the ratification of the until the Senate shall, by their resolution, Representatives such articles are within take off the injunction of secrecy. Rule their participation is no more inconvenient 67.*] than to the Senate. But the ground of this exception is denied as unfounded. For examine, e. g., the treaty of commerce with France, and it will be found that, out of thirty-one articles, there are not more than small portions of two or three of them which would not still remain as subjects of treaties, untouched by these exceptions.] [Treaties are legislative acts. A treaty is the law of the land. It differs from other laws only as it must have the consent of a foreign nation, being but a contract with respect to that nation. In all countries, I believe, except England, treaties are made by the legislative power; and there, also, if they touch the laws of the land, they must be approved by Parliament. Ware v. Hylton, 3 Dallas's Rep., 223. It is acknowledged, for instance, that the King of Great Britain cannot by a treaty make a citizen of an alien. Vattel, b. 1, c. 19, sec. 214. An act of Parliament was necessary to validate the American treaty of 1783. And abundant examples of such acts can be cited. In the case of the treaty of Utrecht, in 1712, the commercial articles required the concurrence of Parliament; but a bill brought in for that purpose was rejected. France, the other contracting party, suffered these articles, in practice, to be not insisted on, and adhered to the rest of the treaty. 4 Russell's Hist. Mod. Europe, 457; 2 Smollet, 242, 246. [Treaties being declared, equally with the laws of the United States, to be the supreme law of the land, it is understood that an act of the legislature alone can declare them infringed and rescinded. This was accordingly the process adopted in the case of France in 1798.] [It has been the usage for the Executive, when it communicates a treaty to the Senate for their ratification, 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 the House of February 12, 1800, and was obtained. And in December, 1800, the convention that year between the United States and France, with the report of the negotiations by the envoys, but not their instructions, being laid before the Senate, the instructions were asked for and communicated by the President.] [The mode of voting on questions of ratification is by nominal call.] [By the Constitution of the United States this department of legislation is confined to two branches only of the ordinary legislature-the President originating and the Senate having a negative. To what subjects this power extends has not [Whenever a treaty shall be laid before been defined in detail by the Constitution; the Senate for ratification, it shall be read nor are we entirely agreed among our- a first time for information only; when no selves. 1. It is admitted that it must motion to reject, ratify, or modify the concern the foreign nation party to the whole or any part, shall be received. Its contract, or it would be a mere nullity, second reading shall be for consideration, res inter alias acta. 2. By the general and on a subsequent day, when it shall be power to make treaties, the Constitution taken up as in a Committee of the Whole, must have intended to comprehend only and every one shall be free to move a questhose subjects which are usually regulated tion on any particular article in this form: by treaty, and cannot be otherwise regu-"Will the Senate advise and consent to lated. 3. It must have meant to except the ratification of this article?" or to proout of these the rights reserved to the pose amendments thereto, either by inStates; for surely the President and Sen- serting or by leaving out words, in which ate cannot do by treaty what the whole last case the question shall be, "Shall the Government is interdicted from doing in words stand part of the article?" And in any way. 4. And also to except those every of the said cases the concurrence subjects of legislation in which it gave a of two-thirds of the Senators present shall participation to the House of Representa- be requisite to decide affirmatively. And, tives. This last exception is denied by when through the whole, the proceedings some on the ground that it would leave shall be stated to the House, and questions very little matter for the treaty power to be again severally put thereon, for confirwork on. The less the better, say others.mation, or new ones proposed, requiring This rule has been so amended as to except Indian treaties; which shall be considered and acted upon in cp n Senate, unless the same shall be transmitted by the President to the Senate in confidence. in like manner a concurrence of two-thirds for whatever is retained or inserted.] [The votes so confirmed shall, by the House, or a committee thereof, be reduced into the form of a ratification, with or without modifications, as may have been decided, and shall be proposed on a subsequent day, when every one shall again be free to move amendments, either by inserting or leaving out words; in which last case the question shall be, "Shall the words stand part of the resolution ?" And in both cases the concurrence of two-thirds shall be requisite to carry the affirmative; as well as on the final question to advise and consent to the ratification in the form agreed to. Rule 69.*] [When any question may have been decided by the Senate, in which two-thirds of the members present are necessary to carry the affirmative, any member who voted on that side which prevailed in the question, may be at liberty to move for a reconsideration; and a motion for a reconsideration shall be decided by a majority of votes. Rule 20.] SEC. LIII.-IMPEACHMENT. [The House of Representatives shall have the sole power of impeachment. Const.,1,3.] [The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirmation. When the President of the United States is tried the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States. But the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment according to law. Const., I, 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 misdemeanors. Const., II, 4.J [The trial of crimes, except in impeachment, shall be by jury. III, 2.] cases of Const., These are the provisions of the Constitution of the United States on the subject of impeachments. The following is a sketch of some of the principles and practices of England on the same subject: Jurisdiction. The Lords cannot impeach any to themselves, nor join in the accusation, because they are the judges. Seld. Judic. in Parl., 12, 63. Nor can they proceed against a commoner but on complaint of the Commons. Ib., 84. The Lords may not, by the law, try a commoner for a capital offense, on the information of the King or a private person, because the accused is entitled to a trial by his peers generally; *This rule has since been modified by the U. S. Senate. but on accusation by the House of Commons, they may proceed against the delinquent, of whatsoever degree, and whatsoever be the nature of the offense; for there they do not assume to themselves trial at common law. The Commons are then instead of a jury, and the judgment is given on their demand, which is instead of a verdict. So the Lords do only judge, but not try the delinquent. Ib., 6, 7. But Wooddeson denies that a commoner can now be charged capitally before the Lords, even by the Commons; and cites Fitzharris's case, 1681, impeached of high treason, where the Lords remitted the prosecution to the inferior court. 8 Grey's Deb., 325-7; 2 Wooddeson, 576, 601; 3 Seld., 1604, 1610, 1618, 1619, 1641; 4 Blackst., 257; 9 Seld., 1656. Accusation. The Commons, as the grand inquest of the nation, become suitors for penal justice. 2 Wood., 597; 6 Grey, 356. The general course is to pass a resolution containing a criminal charge against the supposed delinquent, and then to direct some member to impeach him by oral accusation, at the bar of the House of Lords, in the name of the Commons. The person signifies that the articles will be exhibited, and desires that the delinquent may be sequestered from his seat, or be committed, or that the peers will take order for his ap602, 605; Lords' Journ., 3 June, 1701; 1 pearance. Sachev. Trial, 325; 2 Wood., Wms., 616; 6 Grey, 324. Process. If the party do not appear, proclamations are to be issued, giving him a day to appear. On their return they are strictly examined. If any error be found in them, a new proclamation issues, giving a short day. If he appear not, his goods may be arrested, and they may proceed. Seld. Jud., 98, 99. Articles. The accusation (articles) of the Commons is substituted in place of an indictment. Thus, by the usage of Parliament, in impeachment for writing or speakspecified. ing, the particular words need not be Sach. Tr., 325; 2 Wood., 602, 605; Lords' Journ., 3 June, 1701; 1 Wms., 616. Appearance. If he appear, and the case be capital, he answers in custody; though not if the accusations be general. He is not to be committed but on special accusations. If it be for a misdemeanor only, he answers, a lord in his place, a commoner at the bar, and not in custody, unless, on the answer, the Lords find cause to commit him, till he find sureties to attend, and lest he should fly. Seld. Jud., 98, 99. A copy of the articles is given him and a day fixed for his answer. T. Ray.; 1 Rushu., 268; Fost., 232; 1 Clar. Hist of the Reb., 379. On a misdemeanor, his appearance may be in person, or he may answer in writing, or by attorney. Seld. Jud., 100. |