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MANUAL 
 
 OF 
 
 PARLIAMENTARY PRACTICE; 
 
 COMPILED AND ARRANGED 
 FOR THE USE 
 
 OF THE 
 
 STATE OF NEW-YORK. 
 
 LIBRARY 
 
 BY AARON CLARK, 
 
 LATE CLERK OF THE ASSEMBLY. 
 
 SECOND EDITION, 
 
 REVISED, CORRECTED AND ENLARGED. 
 
 [Copy right secured.] 
 
 NEW-YORK: 
 
 PRINTED BY CHILD Si WELLS. 
 
 1826. 
 
 2.&Q/1 
 
TO THE HONOURABLE 
 
 THE LEGISLATURE 
 
 OF THE 
 
 STATE OF NEW- YORK. 
 
 Several years have elapsed since I terminated a clerk- 
 ship of the assembly, that had continued for six succes- 
 sive years. But previous to that period I had compiled 
 and arranged this work, which is now revised, and adapt- 
 ed to the new constitution, and the additional rules of the 
 two houses. It embraces the substance of the Manual 
 formerly published for the use of congress, by the late 
 president Jefferson : together with a great variety of oth- 
 er matter very important to be known by every member 
 of our state legislature. It has been repeatedly exam- 
 ined, and pronounced a valuable reference. 
 
 The difficulty of obtaining a copy of the first, added 
 to the friendly suggestions of many who have of late 
 been members of the legislature, have induced me to 
 publish this second editition. It is most respectfully 
 submitted to your consideration and patronage. 
 
 I have the honor to be, gentlemen, 
 
 Your most obedient and humble servant, 
 
 AARON CLARK. 
 
 New-York, Jan. 1, 1826. 
 
Subject matter. Page. 
 
 Declaration of Independence, 9 
 
 Articles of Confederation, 14 
 
 Constitution of the United States, 21 
 
 Constitution of the State of New-York, .... 43 
 Rules of the senate of the State, .... . . 63 
 
 Rules of the court of errors, 69 
 
 Rules of the assembly, 74 
 
 Joint rules of the senate and assembly, .... 80 
 
 The act relating to notices for incorporations, . . 81 
 
 new counties, ... 82 
 
 THE LEGISLATURE. 
 
 How composed, 83 
 
 Organization, ... 83 
 
 Importance of rules, 84 
 
 Privilege, 86 
 
 act concerning, 93 
 
 Act concerning bribery, 95 
 
 Quorum, 96 
 
 Call of the house, . , 96 
 
 Absence, , .... 97 
 
 The speaker and his duties, &c 97 
 
 Address to the executive, 100 
 
 Petitions, presentation of, 101 
 
 ,, consideration of, 117 
 
 Committees, 102 
 
 Committee of the whole, 103 
 
 Examination of witnesses, 106 
 
 Arrangement of business, 107 
 
 Order, 109 
 
 respecting papers, 109 
 
 in debate, 110 
 
 of the house, 115 
 
 Motions, 118 
 
 Resolutions, 119 
 
 Bills, leave to bring in, 120 
 
 first reading, 121 
 
 second reading, 121 
 
 commitment, 122 
 
VI INDEX. 
 
 Committees, report of, . 12? 
 
 standing committees, 129 
 
 under the 9th section of article 7th of 
 
 the constitution of the state, . . . 130 
 on bills from senate and amendments 
 
 by the senate, 131 
 
 on resolutions, 132 
 
 of selection, 132 
 
 References to state officers, 132 
 
 Bill, recommitment, 133 
 
 report taken up, 133 
 
 ,, second reading, 134 
 
 third reading, 154 
 
 Reading papers, 135 
 
 Privileged questions, 136 
 
 Previous question, 144 
 
 Amendments, 146 
 
 Division of the question, 149 
 
 Coexisting questions, 151 
 
 Equivalent questions, 152 
 
 The question, 153 
 
 Division of the house, 156 
 
 Reconsideration, 161 
 
 Bills from the other house, 164 
 
 Amendments between the houses, 164 
 
 Conferences, 167 
 
 Messages, 170 
 
 Assent, 172 
 
 Journals, 174 
 
 Adjournment, 176 
 
 A session, 177 
 
 Impeachment, 179 
 
 Rules of the senate of the United States, . . . 186 
 
 of the house of representatives of the U. States, 193 
 
 Joint rules of the two houses of congress, . . . 209 
 
* l rf 
 
 DECLARATION , , 
 
 Ll Km 
 
 TSf COZOTSHUBSS, tftf^lT 4* 1776. 
 
 TAe Unanimous Declaration of the Thirteen United States 
 of America. 
 
 WHEN in the course of human events, it becomes ne- 
 cessary for one people to dissolve the political hands 
 which have connected them with another, and to assume 
 among the powers of the eai th, the separate and equal 
 station to which the laws of nature and of nature's God 
 entitle them, a decent respect to the opinions of mankind, 
 requires that they should declare the causes which impel 
 tht-m to the separation. 
 
 We hold these truths to be self-evident, that all men 
 are created equal ; that they are endowed by their Crea- 
 tor with certain unaiienable rights; that among- these 
 are life, liberty, and the pursuit ol happiness : That to 
 secure these rights, governments are instituted among 
 men, deriving their just powers from the consent of the 
 governed : That whenever any form of government be- 
 comes destructive of these ends, it is the right of the 
 people to alter or to abolish it. and to institute nev g< v- 
 erninent, laying its foundation on such principles, and 
 organizing its poweis in Mich form, as to them shall seem 
 most likely to effect their safety and happiness. Pru- 
 dence indeed will dictate, that governments long estab- 
 lished should not be changed for light and transient 
 causes , and accordingly all experience hath shewn, that 
 mankind are more disposed to suffer, while evils arc suf- 
 ferable, than to right themselves by abolishing the forms 
 to which they are accustomed. Btft when a long train 
 of a.buses and usurpations, pursuing invariably the same 
 object, evinces a design to reduce them under absolute 
 despotism, it is their right, it is their duty, to throw off 
 such government, and to provide new guardj or their 
 future security. Such has been the patient suiTr* 
 of these colonies ; and such is now the necessity which 
 B 
 
10 Declaration of Independence. 
 
 constrains them to alter their former system of govern- 
 ment. The history of the present king of Great Britain 
 is a history of repeated injuries and usurpations, all hav- 
 ing in direct object the establishment of an absolute ty- 
 ranny over these states. To prove this, let facts be sub- 
 mitted to a candid world. 
 
 He has refused his assent to laws, the most wholesome 
 and necessary for the public good. 
 
 He has forbidden his governors to pass laws of imme- 
 diate and pressing importance, unless suspended in their 
 operation till his assent should be obtained ; and when 
 so suspended, he has utterly neglected to attend to them. 
 
 He has refused to pass other laws for the accommo- 
 dation of large districts of people, unless those people 
 would relinquish the right of representation in the legis- 
 lature ; a right inestimable to them, and formidable to 
 tyrants only. 
 
 He has called together legislative bodies at places un- 
 usual, uncomfortable, and distant from the depository of 
 their public records, for the sole purpose of fatiguing 
 them into compliance with his measures. 
 
 He has dissolved representative houses repeatedly, for 
 opposing with manly firmness his invasions on the rights 
 of the people. 
 
 He has refused for a long time, after such dissolutions, 
 to cause others to be elected, whereby the legislative 
 powers, incapable of annihilation, have returned to the 
 people at large, for their exercise ; the state remaining 
 in the mean time exposed to all the dangers of invasion 
 from without, and convulsions within. 
 
 He has endeavored to prevent the population of these 
 states ; for that purpose obstructing the laws for natural- 
 ization of foreigners ; refusing to pass others to encour- 
 age their migrations hither, and raising the conditions 
 of new appropriations of lands. 
 
 He has obstructed the administration of justice, by 
 revising his assent to laws for establishing judiciary 
 powers. 
 
 He has made judges dependent on his will alone, for 
 the tenure of their offices, and the amount and payment 
 of their salaries. 
 
 He has erected a multitude of new offices, and sent 
 
Declaration of Independence. 11 
 
 hither swarms of officers, to harrass our people, and eat 
 out their substance. 
 
 He has kept among us, in times of peace, standing 
 armies, without the consent of our legislatures. 
 
 He has affected to render the military independent of, 
 and superior to, the civil power. 
 
 He has combined with others to subject us to a juris- 
 diction foreign to our constitution, and unacknowledged 
 by our laws ; giving his assent to their acts of pretended 
 legislation : 
 
 For quartering large bodies of troops among us : 
 
 For protecting them, by a mock trial, from punish- 
 ment for any murders they should commit on the inhab- 
 itants of these states : 
 
 For cutting off our trade with all parts of the world : 
 
 For imposing taxes on us without our consent : 
 
 For depriving us in many cases, of the benefits of trial 
 by jury : 
 
 For transporting us beyond seas, to be tried for pre- 
 tended offences : 
 
 For abolishing the free system of English laws in a 
 neighboring province, establishing therein an arbitrary 
 government, and enlarging its boundaries, so as to ren- 
 der it at once an example and fit instrument for intro- 
 ducing the same absolute rule into these colonies : 
 
 For taking away our charters, abolishing our most 
 valuable laws, and altering fundamentally the forms of 
 our governments : 
 
 For suspending our own legislatures, and declaring 
 themselves invested with power to legislate for us in all 
 cases whatsoever. 
 
 He has abdicated government here, by declaring us 
 out of his protection, and waging war against us. 
 
 He has plundered our seas, ravaged our coasts, burnt 
 our towns, and destroyed the lives of our people. 
 
 He is, at this time transporting large armies of for- 
 eign mercenaries to complete the works of death, deso- 
 lation and tyranny, already begun with circumstances 
 of cruelty and perfidy, scarcely paralleled in the most 
 barbarous ages, and totally unworthy the head of a civ- 
 ilized nation. 
 
 He has constrained our fellow-citizens, taken captive 
 
12 Declaration of Independence. 
 
 on the high seas, to bear arms against their country, to 
 become the executioners of their friends and brethren, 
 or to fall themselves by their hands. 
 
 He has excited domestic insurrection amongst us, and 
 has endeavored to bring on the inhabitants of our fron- 
 tiers the merciless Indian savages, whose known rule of 
 warfare is an undistinguished destruction of all ages, 
 sexes and conditions. 
 
 In every stage of these oppressions, we have petition- 
 ed for redress in the most humble terms : our repeated 
 petitions have been answered only by repeated injury. 
 A prince whose character is thus marked by every act 
 which may define a tyrant, is unfit to be the ruler of a 
 free people. 
 
 Nor have we been wanting in attentions to our British 
 brethren. We have warned them from time to time of 
 attempts by their legislature to extend an unwarranta- 
 ble jurisdiction over us. We have reminded them of 
 the circumstances of our emigration and settlement 
 here. We have appealed to their native justice and 
 magnanimity, and we have conjured them, by the ties of 
 our common kindred, to disavow these usurpations, 
 which would inevitably interrupt our connection and 
 correspondence. They too have been deaf to the voice 
 of justice and consanguinity. We must therefore ac- 
 quiesce in the necessity which denounces our separa- 
 tion, and hold them, as we hold the rest of mankind, en- 
 emies in war ; in peace, friends. 
 
 We, therefore, the representatives of the United States 
 of America, in general congress assembled, appealing to 
 the Supreme Judge of the world for the rectitude of our 
 intentions, do, in the name, and by the authority of the 
 good people of these colonies solemnly publish and de- 
 clare, That these united colonies are, and of right ought 
 to be, FREE AND INDEPENDENT STA TE8 ; 
 that they are absolved from all allegiance to the British 
 crown, and that all political connection between them and 
 the state of Great Britain, is, and ought to be totally dis- 
 solved ; and that as free and independent states, they 
 have full power to levy war, conclude peace, contract al- 
 liances, establish commerce, and to do all other acts and 
 things which independent states may of right do. 
 
Declaration of Independence. 
 
 for the support of this declaration, with a firm reliance 
 on the protection of Divine Providence, we mutually 
 pledge to each other* our lives, our fortunes, and our 
 sacred honor. 
 
 JOHN HANCOCK, 
 
 Geo : Walton, 
 Edward Rutledge, 
 Thomas Hay ward, Jun. 
 Thomas Lynch, Jun. 
 Benj. Harrison, 
 Thos. Nelson, Jun. 
 Geo : Clymer, 
 Wm. Hooper, 
 Joseph Hewes, 
 Samuel Chase, 
 Win. Para, 
 Charles Carroll, of Car- 
 
 rollton, 
 
 George Wythe, 
 Richard Henry Lee, 
 Arthur Middleton, 
 James Wilson, 
 Robert Morris, 
 Wm. Floyd, 
 John Dickinson, 
 RoUt. R. Livingston, 
 Geo: Clinton, 
 Tho's. Willing, 
 Bolton Garnnett, 
 Lyman Hall, 
 John Hart, 
 Carter Braxton, 
 Tho's. Stone, 
 Benjamin Rush, 
 Benj a. Franklin, 
 
 Wm. Williams, 
 Oliver Wolcott, 
 Wm. Whipple, 
 Geo : Read, 
 Thos. M. Reah, 
 Phil : Livingston, 
 Fran's. Lewis, 
 Lewis Morris, 
 Rich'd. Stockton, 
 Jas. Witherspoon, 
 Fra's. Hopkinson, 
 Th : Jefferson, 
 Josiah Bartlett, 
 Sam'l. Adams, 
 John Adams, 
 Rob't. Treat Paine, 
 Elbridge Gerry, 
 Step : Hopkins, 
 William Ellery, 
 Roger Sherman, 
 Abra. Clarke, 
 Geo: Taylor, 
 Geo : Ross, 
 James Smith, 
 John Penn, 
 John Morton, 
 Casar Rodney, 
 Matthew Thornton, 
 Samuel Huntington, 
 Charles Thompson. 
 
 Those names of the members of the Convention, printed in Italics. 
 were not signed to the Declaration of Independence. 
 
ARTICLES OF COJ&TEBISSIATIOW, 
 
 AND 
 
 PERPETUAL UNION, 
 
 Between the States of New- Hampshire, Massachusetts- 
 Bay^ Rhode-Island and Providence Plantations, Con- 
 necticut, New-York, New-Jersey, Pennsylvania, Del- 
 aware, Maryland, Virginia, North-Carolina, South- 
 Carolina, and Georgia. 
 
 Proposed by the Congress of the United States, on the 
 
 17th November, 1777, and approved by this State, by 
 
 law passed February 6, 1778. 
 
 ARTICLE I. The style of this confederacy shall be, 
 "THE UNITED STATES OF AMERICA." 
 
 ART. II. Each State retains its sovereignty, freedom 
 and independence, and every power, jurisdiction and 
 right, which is not by this confederation expressly dele- 
 gated to the United States in Congress assembled. 
 
 ART. III. The said States hereby severally enter into 
 a firm league of friendship with each other for their 
 common defence, the security of their liberties, and 
 their mutual and general welfare ; binding themselves 
 to assist each other against all force offered to or attacks 
 made upon them, or any of them, on account of reli- 
 gion, sovereignty, trade, or any other pretence what- 
 ever. 
 
 ART. IV. The better to secure and perpetuate mutual 
 friendship and intercourse among the people of the dif- 
 ferent States in this union, the free inhabitants of each 
 of these States (paupers, vagabonds and fugitives from 
 justice excepted) shall be entitled to all privileges and 
 immunities of free citizens in the several states ; and 
 the people of each State shall have free ingress and re- 
 gress to and from any other State, and shall enjoy therein 
 all the privileges of trade and commerce, subject to the 
 same duties, impositions and restrictions, as the inhab- 
 itants thereof respectively, provided that such restric- 
 tion shall not extend so far as to prevent the removal of 
 property imported into any State to any other state, of 
 which the owner is an inhabitant : Provided also, That 
 no imposition, duties or restriction, shall be laid by any 
 
Articles of Confederation. 15 
 
 State on the property of the United States, or either of 
 them. 
 
 If any person guilty of or charged with treason, fel- 
 ony, or other high misdemeanor, in any State, shall flee 
 from justice, and be found in any of the United States, 
 he shall, upon demand of the Governor, or executive 
 power of the State from which he fled, be delivered up, 
 and removed to the State having jurisdiction of his offence. 
 
 Full faith and credit shall be given in each of these 
 States to the records, acts and judicial proceedings of 
 the courts and magistrates of every other State. 
 
 ART. V. For the more convenient management of the 
 general interests of the United States, delegates shall be 
 annually appointed, in such manner as the Legislature 
 of each State shall direct, to meet in Congress on the 
 first Monday in November, in every year, with a power 
 reserved to each State to recall its delegates, or any of 
 them, at any time within the year, and to send others 
 in their stead, for the remainder of the year. 
 
 No State shall be represented in Congress by less than 
 two, nor by more than seven members ; and no person 
 shall be capable of being a delegate for more than three 
 years in any term of six years ; nor shall any person, 
 being a delegate, be capable of holding any office under 
 the United States, for which he, or another for his ben- 
 efit, receives any salary, fees, or emoluments of any kind. 
 
 Each State shall maintain its own delegates in a meet- 
 ing of the States, and while they act as members of the 
 committee of the States. 
 
 In determining questions in the United States in Con- 
 gress assembled, each State shall have one vote. 
 
 Freedom of speech, and debate in Congress, shall not 
 be impeached or questioned in any court or place out of 
 Congress ; and the members of Congress shall be pro- 
 tected in their persons from arrests and imprisonments, 
 during the time of their going to and from, and attend- 
 ance on Congress, except for treason, felony, or breach 
 of the peace. 
 
 ART. VI. No State, without the consent of the United 
 States in Congress assembled, shall send any embassy to, 
 or receive any embassy from, or enter into any confer- 
 ence, agreement, alliance or treaty with any King, 
 
16 Articles of Confederation. 
 
 Prince or State ; nor shall any person, holding any of- 
 fice of profit or trust under the United States, or any of 
 them, accept of any present, emolument, office, or title 
 of any kind whatever, from any King, Prince or foreign 
 State; nor shall the United States in Congress assem- 
 bled, or any of them, grant any title of nobility. 
 
 No two or more States shall enter into any treaty, 
 confederation or alliance whatever between them, with- 
 out the consent of the United States in Congress assem- 
 bled, specifying accurately the purposes for which the 
 same is to be entered into, and how long it shall con- 
 tinue. 
 
 No State shall lay any imposts or duties, which may 
 interfere with any stipulations in treaties entered into by 
 the United States in Congress assembled, with any King, 
 Prince or State, in pursuance of any treaties already 
 proposed by Congress to the courts of France and Spain. 
 
 No vessels of war shall be kept up in time of peace 
 by any State, except such number only as shall be deem- 
 ed necessary by the United States in Congress assem- 
 bled, for the defence of such State, or its trade ; nor 
 shall any body of forces be kept up by any State in time 
 of peace, except such number only as, in the judgment 
 of the United States in Congress assembled, shall be 
 deemed requisite to garrison the forts necessary for the 
 defence of such State : but every State shall always keep 
 up a well regulated and disciplined militia, sufficiently 
 armed and accoutred, and shall provide, and constant- 
 ly have ready for use, in public stores, a due number of 
 field pieces and tents, and a proper quantity of arms, 
 ammunition and camp equipage. 
 
 No State shall engage in any war without the consent 
 of the United States in Congress assembled, unless such 
 State be actually invaded by enemies, or shall have re- 
 ceived certain advice of a resolution being formed by 
 some nation of Indians to invade such State, and the 
 danger is so imminent as not to admit of a delay, till the 
 United States in Congress assembled can be consulted; 
 nor shall any State grant commissions to any ships or 
 vessels of war, nor letters of marque or reprisal, except 
 it be after a declaration of war by the United States in 
 Congress assembled, and then only against the King- 
 
Articles of Confederation. It 
 
 clom or State, and the subjects thereof, against which 
 war has been so declared, and under such regulations 
 ill be established by the United States in Congress 
 assembled, unless such States be infested by pirates, in 
 which case vessels of war may be fitted out for that occa- 
 sion, and kept so long as the danger shall continue, or 
 until the United States in Congress assembled shall de- 
 termine otherwise. 
 
 ART. VII. When land forces are raised by any State, 
 for the common defence, all officers of or under the 
 rank of Colonel, shall be appointed by the Legislature 
 of each State respectively by whom such forces shall be 
 raised, or in such manner as such State shall direct; 
 and all vacancies shall be filled up by the State which 
 first made thl appointment. 
 
 ART. VIII. All charges of war and all other expen- 
 ses that shall be incurred for the common defence, or 
 general welfare, and allowed by the United States in 
 Congress assembled, shall be defrayed out of a common 
 treasury, which shall be supplied by the several States, 
 in proportion to the value of all land within each State, 
 granted to or surveyed for any person, as such land, and 
 the buildings and improvements thereon, shall be esti- 
 mated, according to such mode as the United States in 
 Congress assembled, shall from time to time direct and 
 appoint. 
 
 The taxes for paying that proportion shall be laid and 
 levied by the authority and direction of the legislatures 
 of the several States, within the time agreed upon by the 
 United States in Congress assembled. 
 
 ART. IX. The United States in Congress assembled 
 shall have the sole and exclusive right and power of de- 
 termining on peace and war, except in the cases men- 
 tioned in the sixth article of sending and receiving 
 ambassadors entering into treaties and alliances, pro- 
 vided, that no treaty of commerce shall be made, where- 
 by the legislative power of the respective States shall 
 be restrained from imposing such imposts and duties on. 
 foreigners, as their own people are subjected to, or from 
 prohibiting the exportation or importation of any spe- 
 cies of goods or commodities whatsoever of establish- 
 ing rules for deciding in all eases, what captures oil land 
 
18 Articles of Confederation. 
 
 or water shall be legal, and in what manner prizes taken 
 by land or naval forces in the service of the United 
 States shall be divided or appropriated of granting let- 
 ters of marque and reprisal in times of peace appoint- 
 ing courts for the trial of piracies and felonies commit- 
 ted on the high seas, and establishing courts for receiv- 
 ing and determining finally appeals in all cases of cap- 
 tures : Provided, that no member of Congress shall be 
 appointed a judge of any of the said courts. 
 
 The United States in Congress assembled shall also 
 be the last resort on appeal in all disputes and differen- 
 ces now subsisting, or that hereafter may arise, between 
 two or more States, concerning boundary, jurisdiction, 
 or any other cause whatever ; which authority shall 
 always be exercised in the manner following : When- 
 ever the legislative or executive authority, or lawful a- 
 gent of any State in controversy with another, shall pre- 
 sent a petition to Congress, stating the matter in ques- 
 tion, and praying for a hearing, notice thereof shall be 
 given by order of Congress to the legislative or executive 
 authority of the other state in controversy, and a day as- 
 igned for the appearance of the parties by their lawful 
 agents, who shall then be directed to appoint, by joint 
 consent, commissioners or judges to constitute a court 
 for hearing and determining the matter in question ; but 
 if they cannot agree, Congress shall name three persons 
 out of each of the United States, and from the list of 
 such persons each party shall alternately strike out one, 
 the petitioners beginning, until the number shall be re- 
 duced to thirteen ; and from that number not less than 
 seven nor more than nine names, as Congress shall di- 
 rect, shall in the presence of Congress be drawn out by 
 lot ; and the persons whose names shall be so drawn, or 
 any five of them, shall be commissioners or judges to 
 hear and finally determine the controversy, so always at 
 a major part of the judges, who shall hear the cause, shall 
 agree in the determination ; and if either party shall neg- 
 lect to attend at the day appointed, without shewing rea- 
 sons which Congress shall judge sufficient, or being 
 present shall refuse to strike, the Congress shall proceed 
 to nominate three persons out of each State, and the 
 Secretary of Congress shall strike in behalf of such par- 
 
Articles of Confederation. 19 
 
 ty absent or refusing ; and the judgment and sentence 
 of the court, to be appointed in the manner before pre- 
 scribed, shall be final and conclusive ; and if any of the 
 parties shall refuse to submit to the authority of such 
 court, or to appear or defend their claim or cause, the 
 court shall nevertheless proceed to pronounce sentence 
 or judgment, which shall in like manner be final and de- 
 cisive, the judgment or sentence and other proceedings 
 being in either case transmitted to Congress, and lodged 
 among the acts of Congress, for the security of the par- 
 ties concerned : Provided, That every commissioner, be- 
 fore he sits in judgment, shall take an oath, to be admin- 
 istered by one of the judges of the supreme or superior 
 court of the State where the cause shall be tried, " well 
 and truly to hear and determine the matter in question, 
 according to the best of his judgment, without favour, af- 
 fection, or hope of reward :" Provided also, That no 
 State shall be deprived of territory for the benefit of the 
 United States. 
 
 All controversies concerning the private right of soil, 
 claimed under different grants of two or more States, 
 whose jurisdictions, as they may respect such lands and 
 the States which passed such grants, are adjusted, the 
 said grants or either of them being at the same time 
 claimed to have originated antecedent to such settlement 
 of jurisdiction, shall on the petition of either party to the 
 Congress of the United Slates, be finally determined, as 
 near as may be, in the same manner as is before pre- 
 scribed for deciding disputes respecting territorial juris- 
 diction between different States. 
 
 The United States in Congress assembled shall also 
 have the sole and exclusive right aud power of regulating 
 the alloy and value o'f com struck by their own authori- 
 ty, or by that of the respective States ; fixing the stand- 
 ard of weights and measures throughout the United 
 States regulating the trade and managing all affaire 
 with the Indians not members of any of the States : 
 Provided, that the legislative right of any State within 
 its own limits be not infringed or violated establishing 
 and regulating post-offices from one State to another 
 throughout the United States, and exacting such postage 
 on the papers passing through the same as may be re- 
 
20 Articles of Confederation. 
 
 quisite to defray the expenses of the said office appoint- 
 ing ail officers of the lurid forces in the service of the 
 Unitea States, excepting regimental officers ; appointing 
 all the officers of the naval forces, and commissioning all 
 officers whatever in the service bl the United States 
 making rules for the government and regulation of the 
 said land and naval forces, and directing their operations. 
 The United States in Congress assembled, shall have 
 authority to appoint a committee, to sit in the recess of 
 Congress, to be denominated, " A Committee of the 
 Stx :cs," and to consist of one delegate from each State ; 
 and to appoint such other committees and civil officers, 
 as may be necessary, for managing the general affairs 
 of the United States under their direction to appoint 
 one of their number to preside, provided that no person 
 be allowed to serve in the office of President, more than 
 one year in any term of three years ; to ascertain the ne- 
 cessary sums ot money to be raised for the service of the 
 United States, and to appropriate and apply the same 
 for defraying the public expenses to borrow money, or 
 emit buls on the credit of the United States, transmitting 
 every half year to the respective States an account of 
 the sums of money so borrowed or emitted to build and 
 equip a Navy to agree upon the number of land forces, 
 and to make requisitions from each State for its quota, in 
 proportion to the number of white inhabitants in such 
 State; which requisitions shall be binding and thereupon 
 the legislature of each State shall appoint the regimen- 
 tal officers, raise the men ; and clothe, arm and equip 
 them in a soldier-like manner, at the expense of the U- 
 nitcd States ; and rhe officers and men, so clothed, arm- 
 ed and equipped, shall march to the place appointed, and 
 within the time agreed on by thn United States in Con- 
 gress assembled ; but if the United States in Congress 
 assembled, shall, on consideration of circumstances, 
 judge proper that any State should not raise men, or 
 should raise a smaller number than its quota, and that 
 any other Slate should raise a greater number of men 
 than the quota thereof, such extra number shall be rais- 
 ed, officered, clothed, armed arid equipped, in the 
 same manner as the quota of ruch State, unless the le- 
 gislature of such State shall judge, that such extra num- 
 
Articles of Confederation. -!I 
 
 IKT cannot be safely spared out of tin* same; in which 
 case, they shall raise, officer, clothe, arm and equip, as 
 many of such extra number, as they judge can be safe- 
 ly spared ; and the officers and men, so clothed, armed 
 and equipped, shall march to the place appointed, and 
 within the time agreed on by the United States in Con- 
 gress assembled. 
 
 The United States in Congress assembled, shall never 
 engage in a war, nor grant letters of marque and reprisal, 
 in time of peace, nor enter into any treaties or alliances, 
 . nor coin money, nor regulate the value thereof, nor as- 
 certain the sums and expenses necessary for the defence 
 and welfare of theUnited States, or any of them, nor emit 
 bills, nor borrow money on the credit of the United States, 
 nor appropriate money, nor agree upon the number of 
 vessels of war to be built or purchased, or the number of 
 land or sea forces to be raised, nor appoint a Command- 
 er in Chief of the Army or Navy, unless nine States as- 
 sent to the same ; nor shall a question on any other point, 
 except for adjourning from day to day, be determined, 
 unless by the votes of a majority of the United States in 
 Congress assembled. 
 
 The Congress of .the United States shall have power 
 to adjourn to any time within the ye, r, and to any place 
 within the United States, so that no period of adjournment 
 be for a longer duration than the space of six months, 
 and shall publish the journal of their proceedings monthly, 
 except such parts thereof relating to Treaties, Alliances, 
 or Military Operations, as in their judgment require 
 secrecy; and the yeas and nays of the delegates of 
 each State, on any question, shall be entered on the Jour- 
 nal, when it is desired, by any delegate ; and the dele- 
 gates of a State, or any of them, at his or their request, 
 shall be furnished with a transcript of the said Journal, 
 except such parts as are above excepted, to lay before the 
 Legislatures of the several States. 
 
 ART. X. The Committee of the States, or any nine 
 of them, shall be authorised to execute, in the recess of 
 Congress, such of the powers of Congress as the United 
 States in Congress assembled, by the consent of nine 
 States, shall from time to time think expedient to vest 
 them with ; provided that no power be delegated to the 
 C 
 
22 Articles of Confederation. 
 
 said Committee, for the exercise of which, by the Arti- 
 cles of Confederation, the voice of nine States, in the 
 Congress of the United States assembled, is requisite. 
 
 ART. XI. Canada acceding to this Confederation, and 
 joining in the measures of the United States, shall be 
 admitted into, and entitled to all the advantages of this 
 Union ; but no other Colony shall be admitted into the 
 same, unless such admission be agreed to by nine States. 
 
 ART. XII. All Bills of Credit emitted, Monies borrow- 
 ed and Debts contracted by, or under the authority of 
 Congress, before the assembling of the United States, in 
 pursuance of the present Confederation, shall be deemed 
 and considered as a charge against the United States ; 
 for payment and satisfaction whereof, the said United 
 States, and the public faith, are hereby solemly pledged. 
 
 ART. XIII. Every State shall abide by the determin- 
 ation of the United States in Congress assembled, on all 
 questions which by this Confederation are submitted to 
 them. And the Articles of this Confederation shall be 
 inviolably observed by every State, and the Union shall 
 be perpetual ; nor shall any alteration at any time here- 
 after be made in any of them, unless such alteration 
 be agreed to in a Congress of the United States, and 
 be afterwards confirmed by the Legislatures of every 
 State. 
 These Articles shall be proposed to the Legislatures of all 
 
 the United States, to be considered, and if approved by 
 
 them, they are advised to authorise their Delegates to 
 
 ratify the same in the Congress of the United States ; 
 
 which being done the same shall become conclusive. 
 By order of Congress, 
 
 HENRY LAURENS, PRESIDENT. 
 
THE 
 
 CONSTITUTION 
 
 OF THE 
 
 UNXTSD STATES OF AMERICA, 
 
 WITH THE 
 
 AMENDMENTS THERETO. 
 
 CONSTITUTION". 
 
 WE, the People of the United States, in order to form 
 a more perfect Union, establish justice, insure domestic 
 tranquility, provide for the common defence, promote 
 the general welfare, and secure the blessings of liberty 
 to ourselves and our posterity, DO ORDAIN AND ESTAB- 
 LISH this CONSTITUTION for the UNITED STATES or 
 AMERICA. 
 
 ARTICLE I. 
 
 SEC. 1. 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. 
 
 SEC. 2. The house of representatives shall be com- 
 posed of members chosen every second year by the peo- 
 ple 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. 
 
 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. 
 
 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 
 year?, 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 
 often years, in such manner as they shall by law direct. 
 
:4 4 Constitution of tJic United States. 
 
 The number of representatives shall not exceed one for 
 every thirty thousand, but each state shall have at least 
 one representative ; and until such enumeration shall be 
 made, the state of New-Hampshire shall be entitled to 
 choose three ; Massachusetts, eight ; Rhode-Island and 
 Providence Plantations, one ; Connecticut, five ; New- 
 York, six ; New-Jersey, four ; Pennsylvania, eight ; Dela- 
 ware, one ; Maryland, six ; Virginia, ten ; North-Caro- 
 lina, five; South-Carolina, five ; and Georgia, three. 
 
 When vacancies happen in the representation from any 
 state, the executive authority thereof shall issue writs of 
 election to fill such vacancies. 
 
 The house of representatives shall choose their speaker 
 and other officers, and shall have the sole power of im- 
 peachment. 
 
 SEC. 3. The Senate of the United States shall be com- 
 posed of two senators from each state, chosen by the 
 legislature thereof, for six years ; and each senator shall 
 have one vote. 
 
 Immediately after they shall be assembled, in conse- 
 quence of the first election, they shall be divided as equal- 
 ly as may be into three classes. The seats of the senators 
 of the first class shall be vacated at the expiration 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 ye&r, 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 appoint- 
 ments until the next meeting of the legislature, which 
 shall then fill such vacancies. 
 
 No person shall be a senator who shall not have attain- 
 ed to the age of thirty years, and been nine years a citi- 
 zen of the United States, and who shall not, when elected, 
 be an inhabitant of that state for which he shall be chosen. 
 
 The. Vice-President of the United States shall be pres- 
 ident of the senate, but shall have no vote, unless they 
 be equally divided. 
 
 The senate shall choose their other officers, and also 
 a president pro tempore, in the absence of the vice-presi- 
 dent, or when he shall exercise the office of president qf 
 the United States. 
 
Constitution of the United States. 
 
 The Senate shall have the sole power to try all im- 
 peachments. 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. 
 
 SEC. 4. The times, places and manner of holding elec- 
 tions for senators and representatives, 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. 
 
 The congress shall assemble at least once in every year, 
 and such meeting shall be on the first Monday in Decem- 
 ber, unless they shall by law appoint a different -day. 
 
 SEC. 5. Each house shall be the judge of the elections, 
 returns and qualifications of its own members, and a ma- 
 jority of each shall constitute a quorum, to do business ; 
 but a smaller number may adjourn from day to day, and 
 may be authorised to compel the attendance of absent 
 members, in such manner, and under such penalties, as 
 each house may provide. 
 
 Each house may determine the rules of its proceedings, 
 punish its members for disorderly behaviour, and, with 
 the concurrence of two-thirds, expel a member. 
 
 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 the members of either house on any 
 question, shall at the desire of one-fifth of those present, 
 be entered on the journal. 
 
 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. 
 
 SEC. 6. The senators and representatives shall receive 
 a compensation for their services, to be ascertained by 
 
26 Constitution of the United States. 
 
 law and paid out of the treasury of the United States* 
 They shall in all cases, except treason, felony and breach 
 of the peace, be privileged from* arrest during their at- 
 tendance at the session of their respective houses, and 
 in going to and returning from the same ; and for any 
 speech or debate in either house, they shall not be ques- 
 tioned in any other place. 
 
 No senator or representative shall, during the time for 
 which he was elected, be appointed to any civil office un- 
 der the authority of the United States, which shall have 
 been created, or the emoluments whereof shall have been 
 encreased during such time, and no person holding any of- 
 fice under the United States, shall be a member of either 
 house during his continuance in office. 
 
 SEC. 7. All bills for raising revenue shall originate in 
 the house of representatives ; but the senate may propose 
 or concur with amendments as on other bills. 
 
 Every bill which shall have passed the house of repre- 
 sentatives 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 originat- 
 ed, who shall enter the objections at large on their journal, 
 and proceed to re-consider it. If, after such reconsider- 
 ation, two-thirds of that house shall agree to pass the bill, 
 it shall be sent, together with the objections, to the other 
 house, by which it shall likewise be re-considered, and, if 
 approved 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 the congress by their adjournment, prevent its 
 return, in which case it shall not be a law. 
 
 Every order, resolution or vote to which the concur- 
 rence 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 be- 
 fore the same shall take effect, shall be approved by him, 
 
Constitution of the United States. 27 
 
 or IMMIIU disproved by him, shall be rcpassed by two- 
 thirds of the senate and house of represe.iitMl ivrs, accord- 
 ing to the rules and limitations prescribed in the case of 
 a bill. 
 
 SEC. 8. The congress shall have power 
 
 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 
 United States : 
 
 To borrow money on the credit of the United States : 
 
 To regulate commerce with foreign nations, and 
 among the several states, and with the Indian tribes : 
 
 To establish an uniform rule of naturalization, and 
 uniform laws on the subject of bankruptcies throughout 
 the United States : 
 
 To coin money, regulate the value thereof, and of 
 foreign coin, and fix the standard of weights and meas- 
 ures : 
 
 To provide for the punishment of counterfeiting the 
 securities and current coin of the United States : 
 
 To establish post-offices and post-roads : 
 
 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 dis- 
 coveries : 
 
 To constitute tribunals inferior to the supreme court : 
 
 To define and punish piracies and felonies committed 
 on the high seas, and offences against the law of nations. 
 
 To declare war, grant letters of marque and reprisal, 
 and make rules concerning captures on land or water : 
 
 To raise and support armies ; but no appropriation of 
 money to that use shall be for a longer term than two 
 years : 
 
 To provide and maintain a navy : 
 
 To make rules for the government and regulation of 
 the land and naval forces : 
 
 To provide for calling forth the militia to execute the 
 laws of the Union, suppress insurrections and repel in- 
 vasions : 
 
 To provide for organizing, arming and disciplining th 
 militia, and for governing such part of them as may be 
 
28 Constitution of the United States. 
 
 employed in the service of the United States, Teservin* 
 to the states respectively, the appointment of the officers, 
 and the authority of training the militia according to the 
 discipline prescribed by congress : 
 
 To exercise exclusive legislation in all cases whatso- 
 ever, over such district (not exceeding ten miles square) 
 as may, by cession of particular states, and the accept- 
 ance of congress, become the seat of the government of 
 the United States, and to exercise like authority over all 
 places purchased by the consent of the legislature of the 
 state in which the same shall be, for the erection of forts, 
 magazines, arsenals, dock-yards, and other needful build- 
 ings ; And 
 
 To make all laws which shall be necessary and pro- 
 per for carrying into execution the foregoing powers, and 
 all other powers vested by this constitution in the gov- 
 ernment of the United States, or in any department or 
 office thereof. 
 
 SEC. 9. The migration or importation of such persons 
 as any of the states now existing shall think proper to 
 admit, shall not be prohibited by the Congress prior to 
 the year one thousand eight hundred and eight ; but a tax 
 or duty may be imposed on such importation, not exceed- 
 ing ten dollars for each person. 
 
 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. 
 
 No bill of attainder or expost facto law shall be passed. 
 
 No capitation or other direct tax shall be laid, unless 
 in proportion to the census or enumeration herein be- 
 fore directed to be taken. 
 
 No tax or duty shall be laid on articles exported from 
 any state. No preference shall be given by any regula- 
 tion of commerce or revenue to the ports of one state 
 over those of another : Nor shall vessels, bound to or 
 from one state, be obliged to enter, clear, or pay duties 
 in another. 
 
 No money shall be drawn from the treasury, but in 
 consequence of appropriations made by law ; and a reg- 
 ular statement and account of the receipts and expendi- 
 tures of all public money shall be published from time to 
 time. 
 

 Constitution of the United States. 29 
 
 No title of nobility shall be granted by the United 
 Stales: and no person holding any office of profit or 
 trust under them, shall, without the consent of the con- 
 gress, accept of any present, emolument, office, or title 
 f any kind whatever, from any king, prince or foreign 
 state. 
 
 SEC. 10. No state shall enter into any treaty, alliance 
 or confederation ; 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, expost facto\aw,or law impairing 
 the obligation of contracts, or grant any title of nobility. 
 
 No state shall, without the consent of the congress, lay 
 any imposts or duties on imports or exports, except 
 what may be absolutely necessary for executing its in- 
 spection laws ; and the net produce of all duties and 
 imposts, laid by any state on imports or exports, shall be 
 for the use of the treasury of the United States; and all 
 such laws shall be subject to the revision and controul of 
 the congress. No state shall, without the consent of 
 congress, lay any duty of 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 a war, unless actually invaded, or in such im- 
 minent danger as will not admit of delay. 
 
 ARTICLE II. 
 
 SEC. 1. The executive power shall be vested in a pre- 
 sident of the United States of America. He shall hold 
 his office during the term of four years, and together with 
 the vice-president, chosen for the same term, be elected 
 as follows : 
 
 Each state shall appoint, in such manner as the legis- 
 lature thereof may direct, a number of electors, equal to 
 the whole" number of senators and representatives to 
 which the state may be entitled in the congress ; but 
 no senator or representative or person holding an office 
 of trust or profit under the United States, shall be ap- 
 pointed an elector. 
 
 The electors shall meet in their respective states, and 
 vote by ballot for two persons, of whom one at least 
 
30 Constitution of the United States. 
 
 shall not be an inhabitant of the same state with them- 
 selves. And they shall make a list of all the persons voted 
 for, and of the number of voies for each ; which list they 
 shall sign and certify, and transmit sealed to the seat of 
 the government of the United States, directed to the pre- 
 sident of the senate. The president of the senate shall, 
 in the presence of the senate and house of representa- 
 tives, open all the certificates, and the votes shall then be 
 counted. 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 votes, then the house of representatives shall 
 immediately choose by ballot one of them for president ; 
 and if no person have a majority, then from the five high- 
 est on the list, the said house shall, in like manner, choose 
 the president. But in choosing the president, the votes 
 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 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-president. But if there should 
 remain two or more who have equal votes, the senate 
 shall choose from them by ballot, the vice-president. 
 
 The 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 throughout the United States. 
 
 No person except a natural born citizen, or a citizen 
 of the United States, at the time of the adoption of this 
 constitution, shall be eligible to the office of president ; 
 neither shall any person be eligible to that office, who 
 shall not have attained to the age of thirty-five years, and 
 been fourteen years a resident within the United States. 
 
 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 de- 
 volve on the Vice-President, and the 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 
 
Constitution of the United States. 31 
 
 such officer shall act accordingly, until the disability be 
 removed, or a President shall be elected. 
 
 The President shall, at stated times, receive for his 
 services a compensation, which shall neither be increased 
 nor diminished during the period lor 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. 
 
 Before he enters on the execution of his office, he shall 
 take the following oath or affirmation : 
 
 " I do solemnly swear (or affirm) that I will faithfully 
 execute the office of President of the United States, and 
 will, to the best of my ability, preserve, protect, and de- 
 fend the constitution of the United States." 
 
 SEC. 2. The President shall be commander 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 officers in each of the executive 
 departments, upon any subject relating to the duties of 
 the respective offices; and he shall have power to grant 
 reprieves and pardons for offences against the United 
 States, except in cases of impeachment. 
 
 He shall have power, by and with the advice and con- 
 sent of the Senate, to make treaties, provided two thirds 
 of the Senators present, concur : and he shall nominate, 
 and by and with the advice and consent of the Senate, 
 shall appoint ambassadors, other public ministers, and 
 consuls, judges of the supreme court, and all other offi- 
 cers of the United States, whose appointments are not 
 herein otherwise provided for, and which shall be estab- 
 lished by law. But the Congress may, by law, vest the 
 appointment of such inferior officers as they think pro- 
 per, in the President alone, in the courts of law, or in 
 the heads of departments. 
 
 The President shall have power to fill up all vacan- 
 cies that may happen during the recess of the Senate, 
 by granting commissions which shall expire at the end of 
 their next session. 
 
 SEC. 3. He shall, from time to time, give to the Con- 
 gr-:ss information of the state of the union, and recom- 
 mend to their consideration, such measures as he 
 
32 Constitution of the United States. 
 
 shall judge necessary and expedient ; he may, on extra- 
 ordinary occasions, convene both houses or either of 
 them, and in case of disagreement between them with 
 respect to the time of adjournment, he 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. 
 
 SEC. 4. .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. 
 
 ARTICLE III. 
 
 SEC. 1. The judicial power of the United States shall 
 be vested in one supreme court, and in such inferior courts 
 as the Congress may, from time to time, ordain and es- 
 tablish. 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 com- 
 pensation which shall not be diminished during their 
 continuance in office. 
 
 SEC. 2. The judicial power shall extend to all cases 
 in law and equity, arising under this constitution, the 
 laws of the United States and the treaties made, or which 
 shall be made under their authority ; to all cases affect- 
 ing ambassadors, other public ministers and consuls ; to 
 all cases of admiralty and maritime jurisdiction ; to con- 
 troversies 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 claim- 
 ing lauds under grants of different states, and between 
 a state or the citizens thereof, and foreign states, citi- 
 zens or subjects. 
 
 In all cases affecting ambassadors, other public min- 
 isters 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 
 the Congress shall make. 
 
Constitution of the United States. 35 
 
 The trial of all crimes, except in cases of impeach- 
 ment, shall be by jury; and such trial shall be held in 
 the state where the said crime shall have been committed ; 
 but when not committed within any state, the trial shall 
 be at such place or places as the Congress may by law 
 have directed. 
 
 SEC. 3. Treason against the United States, shall con- 
 sist only in levying war against them, or in adhering to 
 their enemies, giving them aid and comfort. No person 
 shall be convicted of treason, unless on the testimony of 
 two witnesses to the same overt act, or on the confession 
 in open court. 
 
 The Congress shall have power to declare the punish- 
 ment of treason, but no attainder of treason shall work 
 corruption of blood, or forfeiture, except during the life 
 of the person attainted. 
 
 ARTICLE IV. 
 
 % 
 
 SEC. 1. Full faith and credit shall be given in each 
 state, to the public acts, records, and judicial proceed- 
 ings of every other state. And the Congress may, by 
 general laws, prescribe the manner in which such acts, 
 records, and proceedings, shall be proved, and the effect 
 thereof. 
 
 SEC. 2. The citizens of each state shall be entitled to 
 all privileges and immunities of citizens in the several 
 states. 
 
 A person charged in any state with treason, felony, or 
 other crime, who shall flee from justice, and be found 
 in another state, shall, on demand ,pf the executive au- 
 thority of the state from which he fled, be delivered up to 
 be removed to the state having jurisdiction of the crime. 
 
 No person held to service or labor in one state, under 
 the laws thereof, escaping into another, shall, in conse- 
 quence of any law or regulation therein, be discharged 
 from such service or labor, but shall be delivered up on 
 claim of the party to whom such service or labor may 
 be due. 
 
 SEC. 3. New states may be admitted by the Congress 
 into this union ; but no new state shall be formed or 
 erected within the jurisdiction of any other state ; nor 
 D 
 
34 Constitution of the United States. 
 
 any state be formed by the junction of two or more 
 states, or parts of states, without the consent of the le- 
 gislature of the states concerned as well as of the Con- 
 gress. 
 
 The Congress shall have power to dispose of and make 
 all needful rules and regulations, respecting the territo- 
 ry or other property belonging 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. 
 
 SEC. 4. The United States shall guarantee to every 
 state in this union, a republican form of government, and 
 shall protect each of them against invasion ; and on ap- 
 plication of the legislature, or of the executive (when 
 the legislature cannot be convened) against donlestic 
 violence. 
 
 ARTICLE V. 
 
 The Congress, whenever two thirds of both houses 
 shall deem it necessary, shall propose amendments to 
 this constitution, or, on the application of the legisla- 
 tures of two thirds of the several states, shall call a con- 
 vention for proposing amendments, which, in either 
 case, shall be valid to all intents and purposes, as part 
 of this constitution, when ratified 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 the Congress ; provided, 
 that no amendment which may be made prior to the 
 year one thousand ig'lit hundred and eight, shall in any 
 manner affect the first and fourth clauses in the ninth 
 section of the first article ; and that no state, without its 
 consent, shall be deprived of its equal suffrage in the 
 Senate. 
 
 ARTICLE VI. 
 
 All debts contracted and engagements entered into, 
 before the adoption of this constitution, shall be as valid 
 against the United States under this constitution, as 
 under the confederation. 
 
 This constitution, and the laws of the United States 
 which shall be m^de in pursuance thereof; and ah trea- 
 
Constitution of the United States. 35 
 
 ties made, or which shall be made under the authority of 
 the United States, shall be the supreme law of the land ; 
 and the judges in every state shall be bound thereby ; 
 any thing in the constitution or laws of any state to the 
 contrary notwithstanding. 
 
 The Senators and Representatives before mentioned, 
 and the members of the several state legislatures, and all 
 executive and judicial officers, both of the United States 
 and of the several States, shall be bound by oath or af- 
 firmation, to support this constitution v but no religious 
 test shall ever be required as a qualification to any office 
 or public trust under the United States. 
 
 ARTICLE VII. 
 
 The ratification of the conventions of nine state s, shall 
 be sufficient for the establishment of this constitution 
 between the states so ratifying the same. 
 
 Done in convention by the unanimous consent of the 
 states present, the seventeenth day of September, in the 
 year of our Lord one thousand seven hundred and eighty- 
 seven, and of the independence of the United States of 
 America, the twelfth. In witness whereof we have here- 
 unto subscribed our names. 
 
 GEORGE WASHINGTON, President, 
 and Deputy from Virginia. 
 
 NEW-HAMPSHIRE. DELAWARE. 
 
 John Langdon, George Reed, 
 
 Nicholas Gilman. Gunning Bedford, jun, 
 
 MASSACHUSETTS. John Dickinson, 
 
 Nathaniel Gorham, Richard Bassett, 
 
 Rufus King. Jacob Broom. 
 
 CONNECTICUT. MARYLAND. 
 
 William Samuel Johnson, James M'Henry, 
 
 Roger Sherman. Daniel of St. Tho. Jenifer, 
 
 NEW- YORK. Daniel Carroll. 
 Alexander Hamilton. VIRGINIA. 
 
 NEW- JERSEY. John Blair, 
 
 William Livingston, James Madison jun. 
 David Bresrley, NORTH-CAROLINA. 
 
 William Patterson, William Bloimt, 
 
 Jonathan Dayton. Richard Dobbs Spaight, 
 
 Hugh Williamson. 
 
30 Constitution of the United State*. 
 
 PENNSYLVANIA. SOUTH-CAROLINA. 
 
 Benjamin Franklin, John Rutledge, 
 
 Thomas Mifflin, Charles C. Pinckney, 
 
 Robert Morris, Charles Pinckney, 
 
 George Clymer, Pierce Battler. 
 Thomas Fitzsimons, GEORGIA. 
 
 Jared Ingersoll, William Few, 
 
 James Wilson, Abraham Baldwin. 
 Gouverneur Morris, 
 Attest, WILLIAM JACKSON, Secretary. 
 
 IN CONVENTION, 
 
 Monday, September I7tk t 1778. 
 PRESENT, 
 
 The States of NEW-HAMPSHIRE, MASSACHUSETTS, CON- 
 NECTICUT, Mr. HAMILTON from NEW-YORK, NEW-JER- 
 SEY, PENNSYLVANIA, DELAWARE, MARYLAND, VIRGINIA, 
 NORTH-CAROLINA, SOUTH-CAROLINA, and GEORGIA : 
 RESOLVED, 
 
 THAT the preceding constitution be laid before the 
 United States in Congress assembled, and that it is the 
 opinion of this convention, that it should afterwards be 
 submitted to a convention of delegates chosen in each 
 state by the people thereof, under the recommendation 
 of its legislature, for their assent and ratification ; and 
 that each convention assenting to and ratifying the same, 
 should give notice thereof to the United States in Con- 
 gress assembled. 
 
 Resolved, That it is the opinion of this convention, that 
 as soon as the conventions of nine states shall have rati- 
 fied this constitution, the United States in Congress as- 
 sembled, should fix a day on which electors should be 
 appointed by the states which shall have ratified the 
 same, and a day on which the electors should assemble 
 to vote for the President, and the time and place for com- 
 mencing proceedings under this constitution. That af- 
 ter such publication, the electors should be appointed, 
 and the Senators and Representatives elected. That 
 the electors should meet on the day fixed for the election 
 
Constitution of the United States. 37 
 
 of the President, and should transmit their votes, certi- 
 fied, signed, sealed, and directed, as the constitution 
 requires, to the Secretary of the United States, in Con- 
 gress assembled; that the Senators and Representatives 
 should convene at the time and place assigned ; that the 
 Senators should appoint a President of the Senate, for 
 the sole purpose of receiving, opening, and counting th 
 votes for President ; and, that after he shall be chosen, 
 the Congress, together with the President, should, with- 
 out delay, proceed to execute this constitution. 
 
 By the unanimous order of the convention, 
 
 GEORGE WASHINGTON, President. 
 
 WILLIAM JACKSON, Secretary. 
 
 IN CONVENTION, 
 
 September IJtli, 1787. 
 
 SIR, 
 
 WE have now the honour to submit to the considera- 
 tion of the United States in Congress assembled, that 
 constitution which has appeared to us the most advisable. 
 
 The friends of our country have long seen and desired, 
 that the power of making war, peace, and treaties ; that 
 of levying money, and regulating commerce, and the 
 correspondent executive and judicial authorities, should 
 be fully and effectually vested in the general government 
 of the union ; but the impropriety of delegating such 
 extensive trust to one body of men, is evident ; hence 
 results the necessity of a different organization. 
 
 It is obviously impracticable in the federal government 
 of these states, to secure all rights of independent sov- 
 ereignty to each, and yet provide for the interest and 
 safety of all. Individuals entering into society, must 
 give up a share of liberty to preserve the rest. The 
 magnitude of the sacrifice must depend as well on situ- 
 ation and circumstance, as on the object to be obtained. 
 It is at all times difficult to draw with precision the line 
 between those rights which must be surrendered, and 
 those which may be reserved ; and on the present occa- 
 sion, this difficulty was increased by a difference among 
 
38 Constitution of the United States. 
 
 the several states as to their situation, extent, habits, and 
 particular interests. 
 
 In all our deliberations on this subject, we kept stead- 
 ily in our view that which appears to us the greatest in- 
 terest of every true American, the consolidation of our 
 union, in which is involved our prosperity, felicity, safety, 
 perhaps our national existence. This important con- 
 sideration, seriously and deeply impressed on our minds, 
 led each state in the convention to be less rigid on points 
 of inferior magnitude, than might have been otherwise 
 expected ; and thus the constitution, which we now pre- 
 sent is the result of a spirit of amity, and of that mutual 
 deference and concession, which the peculiarity of our 
 political situation rendered indispensible. 
 
 That it will meet the full and entire approbation of 
 every state, is not, perhaps, to be expected ; but each 
 will doubtless consider, that had her interest alone been 
 consulted, the consequences might have been particu- 
 larly disagreeable or injurious to others ; that it is lia- 
 able to as few exceptions as could reasonably have been 
 expected, we hope and believe ; that it may promote the 
 lasting welfare of that country so dear to us all, and se- 
 cure her freedom and happiness, is our most ardent wish. 
 With great respect, we have the honor to be, sir, your 
 excellency's most obedient and humble servants. 
 
 GEORGE WASHINGTON, President. 
 
 By unanimous order of the convention. 
 His Excellency the President of Congress. 
 
 THE UNITED STATES, IN CONGRESS ASSEMBLED, 
 
 Friday, Sept. 28th, 1787. 
 
 Present New-Hampshire, Massachusetts, Connecticut, New- York, 
 New-Jersey, Pennsylvania, Delaware, Virginia, North-Carolina, 
 South-Carolina and Georgia ; and from Maryland, Mr. Ross. 
 Congress having received the report of the convention lately as- 
 sembled in Philadelphia; 
 
 Resolved unanimously, THAT the said report, with the 
 resolutions and letter accompanying the same, be trans- 
 mitted to the several legislatures, in order to submit to 
 a convention of delegates, chosen in each state by the 
 people thereof, in conformity to the resolves of the con- 
 vention, made and provided in that case. 
 
 CHARLES THOMPSON, Secretary. 
 
AMENDMENTS. 
 
 ARTICLE I. 
 
 CONGRESS shall make no law respecting an establish- 
 ment of religion, or prohibiting the free exercise thereof; 
 or abridging the freedom of speech, or of the press ; or 
 the right of the people peaceably to assemble, and to pe- 
 tition the government for a redress of grievances. 
 
 ARTICLE II. 
 
 A well regulated militia being necessary to the secu- 
 rity of a free state, the right of the people to keep and 
 bear arms shall not be infringed. 
 
 ARTICLE III. 
 
 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 be prescribed by law. 
 
 ARTICLE IV. 
 
 The right of the people to be secure in their persons, 
 houses, papers and effects, against unreasonable searches 
 and seizures, shall not be violated ; and no warrants shall 
 issue, but upon probable cause, supported by oath or af- 
 firmation, and particularly describing the place to be 
 searched, and the persons or things to be seized. 
 
 ARTICLE V. 
 
 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 actual 
 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 
 
40 Constitution of the United States. 
 
 criminal case, to be witness against himself, nor be de- 
 prived of life, liberty, or property, without due process 
 of law ; nor shall private property be taken for public 
 use without just compensation. 
 
 ARTICLE VI. 
 
 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 informed of the 
 nature and cause of the accusation ; to be confronted 
 with the witnesses against him ; to have compulsory pro- 
 cess for obtaining witnesses in his favor ; and to have the 
 assistance of counsel for his defence. 
 
 ARTICLE VII. 
 
 In suits of common law, where the value in controver- 
 sy 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. 
 
 ARTICLE VIII. 
 
 Excessive bail shall not be required, nor excessive 
 fines imposed, nor cruel and unusual punishments in- 
 flicted. 
 
 ARTICLE IX. 
 
 The enumeration in the constitution, of certain rights, 
 shall not be construed to deny or disparage others re- 
 tained by the people. 
 
 ARTICLE X. 
 
 The powers not delegated to the United States by the 
 constitution, nor prohibited by it to the states, are re- 
 served to the states respectively, or to the people. 
 
Constitution of tin butted States.^ / y 41 v t 
 ARTICLE XL " / 7 V | 
 
 The judicial power of the United Stated shall'n4t^pj r > 
 construed to extend to any suit in law or equity, com-* V / 
 menced or prosecuted against one of the United States 
 by citizens of another state, or by citizens or subjects of 
 any foreign state. 
 
 ARTICLE XII. 
 
 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 President, and in distinct ballots 
 the person voted for as Vice-President ; and they shall 
 make distinct lists of all persons voted for as President, 
 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 government 
 of the United States, directed to the President of the 
 Senate : the President of the Senate shall, in the pres- 
 ence of the Senate and House of Representatives, open 
 all the certificates, and the votes shall then be counted ; 
 the person having the greatest number of votes for Pres- 
 ident, shall be the President, if such number be a major- 
 ity of the whole number of electors appointed ; and if no 
 person have such majority, then from the persons having 
 the highest numbers not exceeding three on the list of 
 those voted for as President, the House of Representa- 
 tives shall choose immediately, by ballot, the President. 
 But in choosing the President, the votes shall be taken 
 by states, the representation from each state having one 
 vote ; a quorum for this purpose shall consist of a mem- 
 ber or members from two thirds of the states, and a ma- 
 jority 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 disability of the 
 President. 
 
42 Constitution of tlie United States. 
 
 The person having the greatest number of votes as 
 Vice-President, shall be the Vice-President, if such num- 
 ber be a majority of the whole number of electors ap- 
 pointed : 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 Sena- 
 tors, and a majority of the whole number shall be neces- 
 sary to a choice. 
 
 But no person constitutionally ineligible to the office 
 of President shall be eligible to that of Vice-President. 
 
OF THE 
 
 STATE OF NEW-YORK. 
 
 ADOPTED NOVEMBER 10, 1821, 
 
 In Convention of Delegates assembled at the Capitol, in 
 the city of Albany, for revising and amending the Con- 
 stitution of the State of New- York : and afterwards 
 adopted by the people of this State, agreeably to the, 
 provisions of the act calling the Convention. 
 
 WE, the People of the State of New- York, acknowledg- 
 ing with gratitude the grace and beneficence of God, 
 in permitting us to make choice of our form of govern- 
 ment, do establish the following Constitution : 
 
 ARTICLE FIRST. Legislature. 
 
 SECTION 1. The legislative power of this state shall 
 be vested in a senate and assembly. 
 
 SEC. 2. The senate shall consist of thirty-two mem- 
 bers. The senators shall be chosen for four years, and 
 shall be freeholders. The assembly shall consist of one 
 hundred and twenty-eight members, who shall be annu- 
 ally elected. 
 
 SEC. 3. A majority of each house shall constitute a 
 quorum to do business. Each house shall determine the 
 rules of its own proceedings, and be the judge of the 
 qualifications *>f its own members. Each house shall 
 choose its own officers ; and the senate shall choose a 
 temporary president, when the lieutenant-governor shall 
 not attend as president, or shall act as governor. 
 
 SEC. 4. Each house shall keep a journal of its pro- 
 ceedings, and publish the same, except such parts as may 
 require secrecy. The doors of each house shall be kept 
 open, except when the public welfare shail require se- 
 crecy. Neither house shall, without the consent of the 
 other, adjourn for more than two days. 
 
44 Legislature. 
 
 SEC. 5. The state shall be divided into eight districts, 
 to be called senate diitricts, each of which shall choose 
 four senators. 
 
 The first district shall consist of the counties of Suffolk, 
 Queens, Kings, Richmond, and New-York. 
 
 The second district shall consist of the counties of 
 Westchester, Putnam, Dutchess, Rockland, Orange, Ul- 
 ster and Sullivan. 
 
 The third district shall consist of the counties of 
 Greene, Columbia, Albany, Rensselaer, Schoharie, and 
 Schenectady. 
 
 The fourth district shall consist of the counties of Sar- 
 atoga, Montgomery, Hamilton, Washington, Warren, 
 Clinton, Essex, Franklin, and St. Lawrence. 
 
 The fifth district shall consist of the counties of Her- 
 kimer, Oneida, Madison, Oswego, Lewis, and Jefferson. 
 The sixth district shall consist of the counties of Dela- 
 ware, Otsego, Chenango, Broome, Cortland, Tompkins, 
 and Tioga. 
 
 The seventh district shall consist of the counties of 
 Onondaga, Cayuga, Seneca, and Ontario. 
 
 The eighth district shall consist of the counties of 
 Steuben, Livingston, Monroe, Genesee, Niagara, Erie, 
 Allegany, Cattaraugus, and Chautauque. 
 
 And as soon as the senate shall meet, after the first 
 election to be held in pursuance of this constitution, they 
 shall cause the senators to be divided by lot into four 
 classes, of eight in each, so that every district shall have 
 one senator of each class ; the classes to be numbered 
 one, two, three, and four. And the seats of the first 
 class, shall be vacated at the end of the first year ; of the 
 second class, at the end of the second year ; of the third 
 class, at the end of the third year ; of the fourth class, at 
 the end of the fourth year, in order that one senator be 
 annually elected in each senate district. 
 
 SEC. 6. An enumeration of the inhabitants of the state 
 shall be taken, under the direction of the legislature, in 
 the year one thousand eight hundred and twenty-five, 
 and at the end of every ten years thereafter ; and the 
 said districts shall be so altered by the legislature, at 
 the first session after the return of every enumeration, 
 that each senate district shall contain, as nearly as may 
 
Legislature. . 4~* 
 
 be, an equal number of inhabitants, excluding aliens, 
 paupers, and persons of colour not taxed ; and shall 
 remain unaltered until the return of another enumera- 
 tion ; and shall at all times consist of contiguous terri- 
 tory, and no county shall be divided in the formation of 
 a senate district. 
 
 SEC. 7. The members of the assembly shall be chosen 
 by counties, and shall be apportioned among the several 
 counties of the state, as nearly as may be, according to 
 the numbers of their respective inhabitants, excluding 
 aliens, paupers, and persons of colour not taxed. An 
 apportionment of members of assembly shall be made 
 by the legislature, at its first session after the return of 
 every enumeration ; and when made, shall remain unal- 
 tered until another enumeration shall have been taken. 
 But an apportionment of members of the assembly shall 
 be made by the present legislature, according to the last 
 enumeration taken under the authority of the United 
 States, as nearly as may be. Every county heretofore 
 established, and separately organized, shall always be 
 entitled to one member of the assembly, and no new 
 county shall hereafter be erected, unless its population 
 shall entitle it to a member. 
 
 SEC. 8. Any bill may originate in either house of the 
 legislature, and all bills passed by one house may be 
 amended by the other. 
 
 SEC. 9. The members of the legislature shall receive 
 for their services, a compensation to be ascertained by 
 law, arid paid out of the public treasury ; but no increase 
 of the compensation shall take effect during the year in 
 which it shall have been made. And no law shall be 
 passed increasing the compensation of the members of 
 the legislature beyond the sum of three dollars a day. 
 
 Snc. 10. No member of the legislature shall receive 
 any civil appointment from the governor and senate, or 
 from the legislature, during the term for which he shall 
 have been elected. 
 
 SEC. 11. No person, being a member of congress, or 
 holding any judicial or military office under the United 
 States, shail hold a seat in the legislature. And if any 
 person shall, while a member of the legislature, be elect- 
 ed to congress, or appointed to any office, civil or mili- 
 E 
 
46 Legislature. 
 
 tary, under the government of the United States, hii 
 acceptance thereof shall vacate his seat. 
 
 SEC. 12. Every bill which shall have passed the senate 
 and assembly, shall, before it become a law, be pj eetnted 
 to the governor. 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 
 objections at large on their journal, and proceed to re- 
 consider it. If, after such reconsideration, two-thirds 
 of the members present shall agree to pass the bill, it 
 shall be sent, together with the objections, to the other 
 house, by which it shall likewise be reconsidered ; and if 
 approved by two-thirds of the members present, 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 governor w ithin ten 
 days (Sundays excepted,) after it shall have been pre- 
 sented to him, the same shall be a law, in like manner as 
 if he had signed it, unless the legislature shall, by their 
 adjournment, prevent its return ; in which case it shall 
 not be a law. 
 
 SEC. 13. All officers holding their offices during good 
 behaviour, maybe removed by joint resolution of the two 
 houses of the legislature, if two-thirds of all the members 
 elected to the assembly, and a majority of all the mem- 
 bers elected to the senate, concur therein. 
 
 SEC. 14. The political year shall begin on the first 
 day of January ; and the legislature shall every year as- 
 semble on the first Tuesday of January, unless a differ- 
 ent day shall be appointed by law. 
 
 SEC. 15. The next election for governor, lieutenant- 
 governor, senators, and members of assembly, shall com- 
 mence on the first Monday of November, one thousand 
 eight hundred and twenty-two ; and all subsequent elec- 
 tions shall be held at such time in the month of October 
 or November as the legislature shall by law provide. 
 
 SEC. 16. The governor, lieutenant-governor, senators, 
 and members of assembly, first elected under this consti- 
 tution, shall enter on the duties of their respective offices 
 on the first day of January, one thousand eight hundred 
 
Qualifications of Electors. 47 
 
 and twenty-three ; and the governor, lieutenant-governor, 
 senators, and members of assembly, now in office, shall 
 continue to hold the same until the first day of January, 
 one thousand eight hundred and twenty-three, and no 
 longer. 
 
 ARTICLE SECOND. Electors. 
 
 SEC. 1. Every male citizen of the age of twenty-one 
 years, who. shall have been an inhabitant of this state one 
 year preceding any election, and for the last six months 
 a resident of the town or county where he may oft'er his 
 vote ; and shall have, within the year next preceding the 
 election, paid a tax to the state or county, assessed upon 
 his real or personal property ; or shall, by law, be ex- 
 empted from taxation ; or, being armed and equipped 
 according to law, shall have performed, within that year, 
 military duty in the militia of this state ; or who shall be 
 exempted from performing militia duty in consequence 
 of being a fireman in any city, town or village in this 
 state : And also every male citizen of the age of twenty- 
 one years, who shall have been, for three years next 
 preceding such election, an inhabitant of this state, and 
 for the last year a resident in the town or county where 
 he may offer his vote ; and shall have been, within the 
 last year, assessed to labor upon the public highways, 
 and shall have peformed the labor, or paid an equiva- 
 lent therefor, according to law, shall be entitled to vote 
 in the town or ward where he actually resides, and not 
 elsewhere, for all officers that now are, or hereafter may 
 be, elective by the people : But no man of colour, unless 
 he shall have been for three years a citizen of this state, 
 and for one year next preceding any election, shall be 
 seized and possessed of a freehold estate of the value of 
 two hundred and fifty dollars, over and above all debts 
 and incumbrances charged thereon ; and shall have been 
 actually rated, and paid a tax thereon, shall be entitled 
 to vote at any such election. And no person of colour 
 shall be subject to direct taxation, unless he shall be 
 seized and possessed of such real estate as aforesaid. 
 
 SEC. 2. Laws may be passed, excluding from the right 
 of suffrage, persons who have been, or may be, convicted 
 of infamous crimes. 
 
48. Qualifications of Electors. 
 
 SEC. 3. Laws shall be made for ascertaining, by propel? 
 proofs, the citizens who shall be entitled to the right of 
 suffrage hereby established. 
 
 SEC. 4. All elections by the citizens shall be by ballot, 
 except for such town officers as may by law be directed 
 to be otherwise chosen. 
 
 ARTICLE THIRD. Executive. 
 
 SEC. 1. The executive power shall be vested in a go- 
 vernor. He shall hold his office for two years ; and a 
 lieutenant-governor shall be chosen at the same time, 
 and for the same term. 
 
 Sec. 2. No person, except a native citizen of the Unit- 
 ed States, shall be eligible to the office of governor ; nor 
 shall any person be eligible to that office who shall not 
 be a freeholder, and shall not have attained the age of 
 thirty years, and have been five years a resident within 
 the state, unless he shall have been absent during that 
 time, on public business of the United States, or of this 
 state. 
 
 SEC. 3. The governor and lieutenant-governor shall 
 be elected at the times and places of choosing members 
 of the legislature. The persons respectively having the 
 highest number of votes for governor and lieutenant- 
 governor, shall be elected ; but in case two or more shall 
 have an equal, and the highest number of votes for go- 
 vernor, or for lieutenant-governor, the two houses of the 
 legislature shall, by joint ballot, choose one of the said 
 persons so having an equal and the highest, number of 
 votes for governor or lieutentant-governor. 
 
 SEC. 4. The governor shall be general and commander 
 in chief of all the militia, and admiral of the navy of the 
 state. He shall have power to convene the legislature 
 (or the senate only) on extraordinary occasions. He 
 shall communicate by message to the legislature at every 
 session, the condition of the state ; and recommend such 
 matters to them as he shall judge expedient. He shall 
 transact all necessary business with the officers of gov- 
 ernment, civil and military. He shall expedite all such 
 measures as may be resolved upon by the legislature, and 
 shall take care that the laws are faithfully executed. He 
 
Governor. 49 
 
 shall, at stated times, receive for his services a compen- 
 sation winch shall neither be inc'vji^-.i iu.r 
 during the term for which he shall have been 
 
 SEC. 5. The governor -ha'l liavo 'D.vjrto grant re- 
 prieves and pardons after conviction, for all offences ex- 
 cept treason and cases of impeachment. Upon convic- 
 tions for treason, he shall have power to suspend the ex- 
 ecution of the sentence until the case shall be rep'- tfed 
 to the legislature at its next meeting ; when the legislature 
 shall either pardon, or direct the execution of the crim- 
 inal, or grant a further reprieve. 
 
 SEC. 6. In case of the impeachment of the governor, 
 or his removal from office, death, resignation, or absence 
 from the state, the powers and duties of the office shall 
 devolve upon the lieutenant-governor for the residue of 
 the term, or until the governor absent or impeached shall 
 return, or be acquitted. But when the governor shall, 
 with the consent of the legislature, be out of the state in 
 time of war, at the head of a military force thereof, he- 
 shall still continue commander in chief of all the military 
 force of the state. 
 
 SEC. 7. The lieutenant-governor shall be president of 
 the senate, but shall have only a casting vote therein. If, 
 during a vacancy of the office of governor, the lieutenant- 
 governor shall be impeached, displaced, resign, die, or 
 be absent from the state, the president of the senate shall 
 act as governor, until the vacancy shall be filled, or the 
 disability shall cease, 
 
 ARTICLE FOURTH. Appointments and choice. 
 
 SEC. 1. Militia officers shall be chosen or appointed 
 as follows : 
 
 Captains, subalterns, and non-commissioned officers-, 
 shall be chosen by the written votes of the members of 
 their respective companies. Field officers of regiments 
 and separate battalions, by the written votes of the com- 
 missioned officers of the respective regiments and sepa- 
 rate battalions. Brigadier generals by the field officers 
 of their respective brigades. Major generals, brigadier 
 generals, and commanding officers o regiments or sepa- 
 rate battalions, shall appoint the staff officers of their 
 F/2 
 
50 Appointments and dioitt* 
 
 respective divisions, brigades, regiments, or separate 
 battalions. 
 
 SEC. 2. The governor shall nominate, and with the 
 consent of the senate, appoint all major generals, brigade 
 inspectors, and chiefs of the staff departments, except 
 the adjutant general and commissary general. The adju- 
 tant general shall be appointed by the governor. 
 
 SEC. 3. The legislature shall, by law, direct the time 
 and manner of electing militia officers, and of certifying 
 their elections to the governor. 
 
 SEC. 4. The commissioned officers of militia shall be 
 commissioned by the governor ; and no commissioned offi- 
 cer shall be removed from office, unless by the senate, 011 
 the recommendation of the governor, stating the grounds 
 on which such removal is recommended ; or by the de- 
 cision of a court martial pursuant to law. The present 
 officers of the militia shall hold their commissions, sub- 
 ject to removal as before provided. 
 
 SEC. 5. In case the mode of election and appointment 
 of militia officers hereby directed, shall not be found con- 
 ducive to the improvement of the militia, the legislature 
 may abolish the same, and provide by law for their ap- 
 pointment and removal, if two-thirds of the members 
 present in each house shall concur therein. 
 
 SEC. 6. The secretary of state, comptroller, treasurer, 
 attorney general, surveyor general, and commissary ge- 
 neral, shall be appointed as follows : The senate and as- 
 sembly shall each openly nominate one person for the 
 said officers respectively ; after which they shall meet to- 
 gether, and if they shall agree in their nominations, the 
 persons so nominated shall be appointed to the office for 
 which he shall be nominated. If they shall disagree, the 
 appointment shall be made by the joint ballot of the sena- 
 tors and members of assembly. The treasurer shall be 
 chosen annually. The secretary of state, comptroller, 
 attorney general, surveyor general, and commissary ge- 
 neral, shall hold their offices for three years, unless soon- 
 er removed by concurrent resolution of the senate and 
 assembly. 
 
 SEC. 7. The governor shall nominate, by message in 
 writing and with the consent of the senate, shall appoint 
 all judicial officers, except justices of the peace, who shall 
 
Appointments and choice. 51 
 
 be appointed in manner following, that is to say : The 
 board of supervisors in every county in this state, shall, 
 at such times as the legislature may direct, meet together ; 
 and they, or a majority of them so assembled, shall nom- 
 inate so many persons as shall be equal to the number 
 of justices of the peace, to be appointed in the several 
 towns in the respective counties. And the judges of the 
 respective county courts, or a majority of them, shall also 
 meet and nominate a like number of persons ; and it shall 
 be the duty of the said board of supervisors, and judges 
 of county courts, to compare such nominations, at such 
 time and place as the legislature may direct ; and if, on 
 such comparison, the said boards of supervisors and 
 judges of county courts, shall agree in their nominations, 
 in all or in part, they shall file a certificate of the nomi- 
 nations in which they shall agree, in the office of the 
 clerk of the county; and the person or persons named 
 in such certificates shall be justices of the peace ; and 
 in case of disagreement in whole, or in part, it shall be 
 the further duty of the said boards of supervisors and 
 judges respectively, to transmit their said nominations so 
 far as they disagree in the same, to the governor, who 
 shall select from the said nominations, and appoint so 
 many justices of the peace as shall be requisite to fill the 
 vacancies. Every person appointed a justice of the 
 peace, shall hold his office for four years, unless remov- 
 ed by the county court for causes particularly assigned 
 by the judges of the said court. And no justice of the 
 peace shall be removed, until he shall have notice of the 
 charges made against him, and an opportunity of being 
 heard in his defence. 
 
 SEC. 8. Sheriffs, and clerks of counties, including the 
 register and clerk of the city and county of New-York, 
 shall be chosen by the electors of the respective coun- 
 ties, once in every three years, and as often as vacancies 
 shall happen. Sheriffs shall hold no other office, and be 
 ineligible for the next three years after the termination 
 of their offices. They may be required by law to renew 
 their security from time to time ; and in default of giving 
 such new security, their offices shall be deemed vacant. 
 But the county shall never be made responsible for the 
 acts of the sheriff. And the governor may remove any 
 
52 Appointments and choice. 
 
 such sheriff, clerk, or register, at any time within the 
 three years for which he shall be elected, giving to such 
 sheriff, clerk, or register, a copy of the charge against 
 him, and an opportunity of being heard in his defence, 
 before any removal shall be made. 
 
 SEC. 9. The clerks of courts, except those clerks 
 whose appointment is provided for in the preceding sec- 
 tion, shall be appointed by the courts of which they res- 
 pectively are clerks ; and district attorneys, by the coun- 
 ty courts. Clerks of courts, and district attorneys, shall 
 hold their offices for three years, unless sooner removed 
 by the courts appointing them. 
 
 SEC. 10. The mayors of all the cities in this state 
 shall be appointed annually, by the common councils of 
 the respective cities. 
 
 SEC. 11. So many coroners as the legislature may di- 
 rect, not exceeding four in each county, shall be elected 
 in the same manner as sheriffs, and shall hold their offi- 
 ces for the same term, and be removable in like manner. 
 
 SEC. 12. The governor shall nominate, and with the 
 consent of the senate, appoint masters and examiners in 
 chancery, who shall hold their offices for three years, 
 unless sooner removed by the senate, on the recommen- 
 dation of the governor. The registers and assistant 
 registers shall be appointed by the chancellor, and hold 
 their offices during his pleasure. 
 
 SEC. 13. The clerk of the court of oyer and terminer, 
 and general sessions of the peace, in and for the city and 
 county of New-York, shall be appointed by the court of 
 general sessions of the peace in said city, and hold his 
 office during the pleasure of the said court ; and such 
 clerks and other officers of courts, whose appointment is 
 not herein provided for, shall be appointed by the sever- 
 al courts, or by the governor, with the consent of the 
 senate, as may be directed by law. 
 
 SEC. 14. The special justices, and the assistant jus- 
 tices, and their clerks, in the city of New-York, shall be 
 appointed by the common council of the said city, and 
 shall hold their offices for the same term that the justices 
 of the peace, in the other counties of this state, hold their 
 offices, and shall be removable in like manner. 
 
 SEC. 15. All officers heretofore elective by the peo- 
 
Appointments and choice. 53 
 
 pie, shall continue to be elected ; and all other officers, 
 whose appointment is not provided for by this constitu- 
 tion, and all officers whose offices may be hereafter cre- 
 ated by law, shall be elected by the people, or appointed 
 as may by law be directed. 
 
 SEC. 16. Where the duration of any office is not pre- 
 scribed by this constitution, it may be declared by law ; 
 and if not so declared, such office shall be held during 
 the pleasure of the authority making the appointment. 
 
 ARTICLE FIFTH. Courts. 
 
 SEC. 1. The court for the trial of impeachments, and 
 the correction of errors, shall consist of the president of 
 the senate, the senators, the chancellor, and the justices 
 of the supreme court, or the major part of them; but 
 when an impeachment shall be prosecuted against the 
 chancellor, or any justice of the supreme court, the per- 
 son so impeached, shall be suspended from exercising his 
 office, until his acquittal ; and when an appeal from a de- 
 cree in chancery shall be heard, the chancellor shall in- 
 form the court of the reasons for his decree, but shall 
 have no voice in the final sentence ; and when a writ of 
 error shall be brought on a judgment of the supreme 
 court, the justices of that court shall assign the reasons 
 for their judgment, but shall not have a voice for its af- 
 firmance or reversal. 
 
 SEC. 2. The assembly shall have the power of im- 
 peaching all civil officers of this state for mal and cor- 
 rupt conduct in office, and for high crimes and misde- 
 meanors ; but a majority of all the members elected shall 
 concur in an impeachment. Before the trial of an im- 
 peachment, the members of the court shall take an oath 
 or affirmation, truly and impartially to try and determine 
 the charge in question, according to evidence ; and no 
 person shall be convicted without the. concurrence of 
 two-thirds of the members present. Judgment, in cases 
 of impeachment, shall not extend farther than the remo- 
 val from office, and disqualification to hold, and enjoy, 
 any office of honor, trust, or profit, under this state ; but 
 the party convicted shall be liable to indictment, and 
 punishment, according to law. 
 
54 Courts. 
 
 SEC. 3. The chancellor and justices of the supreme 
 eourt shall hold their offices during good behaviour, or 
 until they shall attain the age of sixty years. 
 
 SEC. 4. The supreme court shall consist of a chief 
 justice, and two justices, any of whom may hold the 
 court. 
 
 SEC. 5. The state shall be divided, by law, into a con- 
 venient number of circuits, not less than four, nor ex- 
 ceeding eight, subject to alteration by the legislature, 
 from time to time, as the public good may require ; for 
 each of which, a circuit judge shall be appointed, in the 
 same manner, and hold his office by the same tenure, as 
 the justices of the supreme court ; and who shall possess 
 the powers of a justice of the supreme court at chambers, 
 and in the trial of issues joined in the supreme court, and 
 in courts of over and terminer and jail delivery. And 
 such equity powers may be vested in the said circuit 
 judges, or in the county courts, or in such other subor- 
 dinate courts as the legislature may by law direct, sub- 
 ject to the appellate jurisdiction of the chancellor. 
 
 Sec. 6. Judges of the county courts, and recorders of 
 cities, shall hold their offices for five years, but may be 
 removed by the senate, on the recommendation of the 
 governor, for causes to be stated in such recommendation. 
 
 SEC. 7. Neither the chancellor nor justices of the su- 
 preme court, nor any circuit judge, shall hold any other 
 office or public trust. All votes for any elective office, 
 given by the legislature, or the people, for the chancel- 
 lor, or a justice of the supreme court, or circuit judge, 
 during his continuance in his judicial office, shall be void. 
 
 ARTICLE SIXTH. Oath of Office. 
 
 SEC. 1. Members of the legislature, and all officers, 
 executive and judicial, except such inferior officers as 
 may by law be exempted, shall, before they enter on the 
 duties of their respective offices, take and subscribe the 
 following oath or affirmation. I do solemnly swear, (or 
 .affirm as the case may be,) that I will support the con- 
 stitution of the United States, and the constitution of the 
 state of New- York; and that 1 will faithfully discharge 
 
 the duties of the office of , according to 
 
 the best of my ability. 
 
Rights and Prohibitions. 56 
 
 And no other oath, declaration, or test, shall be requi- 
 red as a qualiitcaiion for any office or public trust. 
 
 ARTICLE SEVENTH. -RAfs and Prohibitions. 
 
 SEC. 1. No member of this state shall be disfranchised, 
 or deprived of any of the rights or privileges secured to 
 any citizen thereof, unless by the law of the land, or the. 
 judgment of his peers. 
 
 SEC. 2. The trial by jury in all cases in which it has 
 been heretofore used, shall remain inviolable for ever ; 
 and no new court shall be instituted but such as shall 
 proceed according to the course of the common law, 
 except such courts of equity as the legislature is herein 
 authorised to establish. 
 
 SEC. 3. The free exercise and enjoyment of religious 
 profession and worship, without discrimination or pre- 
 ference, shall for ever be allowed in this state to all man- 
 kind ; but the liberty of conscience hereby secured, shall 
 not be so construed as to excuse acts of licentiousness, or 
 justify practices inconsistent with the peace or safety of 
 this state. 
 
 SEC. 4. And whereas the ministers of the gospel are, 
 by their profession, dedicated to the service of God and 
 the cure of souls, and ought not to be diverted from the 
 great duties of their functions; therefore, no minister of 
 the gospel, or priest of any denomination whatsoever, 
 shall, at any time hereafter, under any pretence or de- 
 scription whatever, be eligible to, or capable of holding, 
 any civil or military office or place within this state. 
 
 SEC. 5. The militia of this state shall, at all times here- 
 after, be armed and disciplined, and in readiness for ser- 
 vice ; but all such inhabitants of this state, of any reli- 
 gious denomination whatever, as from scruples of con- 
 science, may be averse to bearing arms, shall be excused 
 therefrom, by paying to the state an equivalent in money ; 
 and the legislature shall provide by law for the collection 
 of such equivalent, to be estimated according to the ex- 
 pense, in time and money, of an ordinary able bodied 
 militia man. 
 
 SEC. 6. The privilege of the writ of habeas corpiu 
 shall not be suspended, unless when in case cf rebellion. 
 
56 RivJits and Prohibitions. 
 
 or invasion, the public safety may require its suspension 
 SEC. 7. No person shall be held to answer for a capi- 
 tal, or otherwise infamous crime, (except in cases of im- 
 peachment, and in cases of the militia, when in actual 
 service, and the land and naval forces in time of war, or 
 which this state may keep, with the consent of con- 
 gress, in time of peace, and in cases of petit larceny, un- 
 der the regulation of the legislature,) unless on present- 
 ment or indictment of a grand jury ; and in every trial 
 on impeachment or indictment, the party accused shall 
 be allowed counsel as in civil actions. No person shall 
 be subject, for the same offence, to be twice put in jeopar- 
 dy of life or limb ; nor shall he be compelled, in any crim- 
 inal case, to be a witness against himself; nor be deprived 
 of life, liberty, or property, without due process of law: 
 Nor shall private property be taken for public use, with- 
 out just compensation. 
 
 SEC. 8. Every citizen may freely speak, write and 
 publish his sentiments, on all subjects, being responsible 
 for the abuse of that light; and no law shall be passed to 
 restrain or abridge the liberty of speech, or of the press. 
 In all prosecutions or indictments for libels, the truth 
 May be given in evidence to the jury ; and if it shall ap- 
 pear to the jury, that the matter charged as libellous is 
 true, and was published with good motives, and for justi- 
 fiable ends, the party shall be acquitted ; and the jury 
 bhall have the right to determine the law and the fact. 
 
 SEC. 9. The assent of two-thirds of the members elect- 
 ed to each branch of the legislature, shall be requisite to 
 every bill appropriating the public moneys or property, 
 for local or private purposes, or creating, continuing, 
 altering, or renewing any body politic or corporate. 
 
 . 10. The proceeds of all lands belonging to this 
 state, except such parts thereof as may be reserved or 
 appropriated to public use, or ceded to the United States, 
 which shall hereafter be sold or disposed of, together 
 with the fund denominated the common school fund, shall 
 be and remain a perpetual fund ; the interest of which 
 shall be inviolably appropriated and applied to the sup- 
 port of common schools throughout this state. Rates of 
 toll, not less than those agreed to by the canal commis- 
 sioners, and set forth in their report to the legislature of 
 
Rights and Prohibition*. 57 
 
 the twelfth of March, one thousand eight hundred and 
 twenty-one, shall be imposed on, and collected from all 
 parts of the navigable communications between the great 
 western and northern lakes, and the Atlantic ocean, 
 which now are, or hereafter shall be made and completed : 
 And the said tolls, together with the duties on the manu- 
 facture of all salt, as established by the act of the fifteenth 
 of April, one thousand eight hundred and seventeen ; and 
 the duties on goods sold at auction, excepting therefrom, 
 the sum of thirty-three thousand five hundred dollars, 
 otherwise appropriated by the said act ; and the amount 
 of the revenue, established by the act of the legislature of 
 the thirtieth of March, one thousand eight hundred and 
 twenty, in lieu of the tax upon steam-boat passengers, 
 shall be, and remain inviolably appropriated and applied 
 to the completion of such navigable communications, 
 and to the payment of the interest, and reimbursement of 
 the capital of the money already borrowed, or which 
 hereafter shall be borrowed, to make and complete the 
 same. And neither the rates of toll, on the said navi- 
 gable communications, nor the duties on the manu- 
 facture of salt aforesaid, nor the Duties on goods sold at 
 auction, as established by the act of the fifteenth of April, 
 one thousand eight hundred and seventeen, nor the 
 amount of the revenue established by the act of March 
 the thirtieth, one thousand eight hundred and twenty, 
 in lieu of the tax upon steam-boat passengers, shall 
 be reduced or diverted, at any time before the full and 
 complete payment of the principal and interest of the 
 money borrowed, or to be borrowed as aforesaid. And 
 the legislature shall never sell nor dispose of the salt 
 springs belonging to this state, nor the lands contiguous 
 thereto, which may be necessary or convenient for their 
 use ; nor the said navigable communications, nor any 
 part or section thereof; but the same shall be and re- 
 main the property of this state. 
 
 SEC. 11. No lottery shall hereafter be authorised in 
 this state ; nnd the legislature shall pass laws to prevent 
 the sale of all lottery tickets within this state, except in 
 lotteries already provided for by law. 
 
 SEC. 12. No purchase or contract for the sale of lands 
 in this state, made since the fourteenth day of October, 
 
 F 
 
58 Rights and Prohibitions. 
 
 one thousand seven hundred and seventy-five, or which 
 may hereafter he made, of, or with the Indians in this 
 state, shall be valid unless made under the authority and 
 with the consent of the legislature. 
 
 SEC. 13. Such parts of the common law, and of the 
 acts of the legislature of the colony of New-York, as to- 
 gether did form the law of the said colony, on the nine- 
 teenth day of April, one thousand seven hundred and 
 seventy-five, and the resolutions of the congress of the 
 said colony, and ol the convention of the state of New- 
 York, in force on the twentieth day of April, one thousand 
 seven hundred and seventy-seven, which have not since 
 expired, or been repealed or altered ; and such acts of 
 the legislature of this state as are now in force, shall be 
 and continue the law of this state, subject to such altera- 
 tion as the legislature shall make concerning the same. 
 15 ut all such parts of the common law, and such of the 
 said acts, or parts thereof, as are repugnant to this con- 
 stitution, are hereby abrogated. 
 
 SEC. 14. All grants of land within this state, made by 
 the King of Great Britain, or persons acting under his 
 authority, after the fourteenth day of October, one thou- 
 sand seven hundred and seventy-five, shall be null and 
 void ; but nothing contained in this constitution shall 
 affect any grants of land within this state, made by the 
 authority of the said Ring, or his predecessors, or shall 
 annul any charters to bodies politic and corporate, by 
 him or them made before that day ; or shall affect any 
 such grants or charters since made by this state, or by 
 persons acting under its authority ; or shall impair the 
 obligation of any debts contracted by the state, or indi- 
 viduals, or bodies, corporate, or any other rights of 
 property, or any suits, actions, rights of action, or other 
 proceedings in courts of justice. 
 
 ARTICLE EIGHTH. Amendment*. 
 
 SEC. 1. Any amendment or amendments to this con- 
 stitution may be proposed in the senate or assembly ; and 
 if the same shall be agreed to by a majority of the mem- 
 bers elected to each of the two houses, such proposed 
 amendment or amendments shall be entered on their 
 
Amendments* 59 
 
 journals, with the yeas and nays taken thereon, and 
 referred to the legislature then next to he chosen ; and 
 shall he published, for three months previous to the time 
 of making such choice ; and if, in the legislature next 
 chosen as aforesaid, such proposed amendment or amend- 
 ments shall be agreed to by two-thirds of all the members 
 elected to each house, then it shall be the duty of the 
 legislature to submit such proposed amendment or amend- 
 ments to the people, in such manner and at such time as 
 the legislature shall prescribe ; and if the people shall 
 approve and ratify such amendment or amendments, by 
 a majority of the electors qualified to vote for members 
 of the legislature voting thereon, such amendment or 
 amendments shall become part of the constitution. 
 
 ARTICLE NINTH. When in force. 
 
 SEC. 1. This constitution shall be in force from the 
 last day of December, in the year one thousand eight 
 hundred and twenty-two. But all those parts of the same 
 which relate to the right of suffrage ; the division of the 
 state into senate districts ; the number of members of 
 the assembly to be elected in pursuance of this constitu- 
 tion ; the apportionment of members of assembly ; the 
 elections hereby directed to commence on the lirst Mon- 
 day of November, in the year one thousand eight hun- 
 dred and twenty-two ; the continuance of the members 
 of the present legislature in office until the first day of 
 January, in the year one thousand eight hundred and 
 twenty-three, and the prohibition against authorizing lot- 
 teries ; the prohibition against appropriating the public 
 moneys or property for local or private purposes, or 
 creating, continuing, altering, or rerewing any body pol- 
 itic or corporate without the assent of two-thirds of the 
 members elected to each branch of the legislature, shall 
 be in force and take effect from the last day of February 
 next. The members of the present legislature shall, on 
 the first Monday of March next, take and subscribe an 
 oath or affirmation, to support this constitution, so far 
 as the same shall then be in force. Sheriffs, clerks of 
 counties, and coroners, shall be elected at the election 
 hereby directed to commence on the first Monday of 
 
60 When in force. 
 
 November, in the year one thousand eight hundred and 
 twenty-two ; but they shall not enter on the duties of 
 their offices before the first day of January then next 
 following. The commissions of all persons holding civil 
 offices on the last day of December, one thousand eight 
 hundred and twenty-two, shall expire on that day ; but 
 the officers then in commission, may respectively con- 
 tinue to hold their said offices until new appointments 
 or elections shall take place under this constitution. 
 
 SEC. 2. The existing laws relative to the manner of 
 notifying, holding and conducting elections, making 
 returns, and canvassing votes, shall be in force, and 
 observed, in respect to the elections hereby directed to 
 commence on the first Monday of November, in the year 
 one thousand eight hundred and twenty-two, so far as 
 the same are applicable. And the present legislature 
 shall pass such other and further laws as may be requisite 
 for the execution of the provisions of this constitution, 
 in respect to elections. 
 
 THE following are the names of the members elected 
 to the Convention which formed the preceding Consti- 
 tution, with the counties they respectively represented. 
 Those whose names are in Italics did not subscribe the 
 Constitution. 
 
 County of Albany, County of Cayuga, 
 
 Stephen Van Rensselaer David Brinkerhoff 
 James Kent Rowland Day 
 
 Ambrose Spencer Augustus F. Ferris 
 
 Abraham Van Vechten County of Chenango, 
 
 Counties of Allegany and Thomas Humphrey 
 
 Steuben, Jarvis K. Pike 
 
 Timothy Kurd Nathan Taylor 
 
 James M'Call Counties of Clinton and 
 
 County of Broome, Franklin, 
 
 Charles Pumpelly Nathan Carver 
 
 Counties of Cataraugus, County of Columbia, 
 
 Erie, and Niagara, Wm. W. Van Ness 
 Augustus Porter Elisha Williams 
 
 Samuel Russell Jacob R. Van Rensselaer 
 
 Francis Sylvester 
 

 ( 'ortfana, 
 
 Samuel .Y'lson 
 
 County of Delaware. 
 Eru.-lus R M>t 
 jRwforf OV//-/J 
 
 County of Dut chess, 
 James Taliniadge Jttn. 
 Peter II. Livingston 
 Ahraham II. Schenck 
 Elislia Barlow 
 Isaac Hunting 
 
 County of Essex, 
 Reuben Sanford 
 
 County of Gencssce, 
 David Burrows 
 John Z. Ross 
 Elizur Webster 
 
 County of Greene , 
 Jehiel Tuttle 
 Alpheus IVtbster 
 
 County of Hcrkimcr, 
 Richard Van Home 
 Sanders Lansing 
 Sherman Wooster 
 
 County of Jefferson, 
 Egbert Ten Ejcfc 
 Hiram Steele 
 
 County of Kings, 
 John LefFerts 
 
 County of Lewis, 
 Ela Collins 
 
 County of Livingston, 
 James Rosebrugh 
 
 Onmty of Madison, 
 Barak Beckwith 
 | John Knowles 
 Edward Roi 
 
 C.< tin ?t/ of Mj-iroc, 
 John V. Bowman 
 
 County of Montgomery, 
 Pliil : p Rhinclander, jr. 
 Howtand&ish 
 
 Jftcuh II 
 M'illia/n I. 
 Ah-.vander 
 
 County of New- 1 "or/,-, 
 Nathan Sanford 
 Peter Sliarpc 
 l > cter Stagg 
 JYter II. Wendover 
 "\Villiam Paulding, jr. 
 Ogdcn Edwards 
 Jacobus Dyckman 
 Henry AVhcaton 
 James Fairlie 
 John L. Lawrence 
 Jacob Radclift" 
 
 County of Oiicida, 
 Jonas Platt 
 Henry Iluntington 
 Ezekiel Bacon 
 Nathan Williams 
 Samuel S. Breeze 
 
 County of Onondaga, 
 Victory Birdseye 
 I'arley E. Home 
 Ama/i Case 
 Asa Eastwood 
 
 Count i/ of Ontario, 
 Philettis Swift 
 John Price 
 Mi call Brooks 
 Joshua Van Fleet 
 David Sutherland 
 
 County of Orange, 
 John Dtier 
 
 Benjamin Woodward 
 John Hallock, jr. 
 Peter Mil i kin 
 
 County of Otsego, 
 Martin Van Buren 
 Joseph Cl.de 
 Dacid Tripp 
 Ransom' Hunt 
 William Park 
 
County of Putnam, 
 Joel Frost 
 
 County of Queens, 
 Rums King 
 Elbert H. Jones 
 Nathaniel Seaman 
 
 County of Remselaer, 
 James L. Hogeboom 
 John W Woods 
 David Buel, jr. 
 John Reeve 
 Jirah Baker 
 
 Coxnty of Richmond, 
 Daniel D. Tompkins 
 
 Cfnt'ity of Rockland, 
 Samuel G. Yerbryck 
 
 County of Saratoga, 
 Salmon Child 
 John Cramer 
 Samuel Young 
 Jeremy Rockwell 
 
 County of Schenectadyi 
 John Sanders 
 Henry Yates, jr. 
 
 County of Schoharie,, 
 Jacob Sutherland 
 Olney Briggs 
 Asa Starkweather 
 
 County of Seneca> 
 Robert S. Rose 
 
 Jonas Seely 
 
 Ci-tnty of St. Lawrence* 
 Jacob Fenton 
 
 Co.mty of Suffolk, 
 Ebenezer Sage 
 Usher H. Moore 
 Joshua Smith 
 County of Tioga, 
 Matthew Carpenter 
 
 Chanty of Tompkins, 
 Richard Smith 
 Richard Townley 
 Counties of Ulster and Sul- 
 livan, 
 
 Henry Jansen 
 James Hunter 
 Jonathan Dubois 
 Daniel Clark 
 Counties of Washington aud 
 
 Warren, 
 
 Nathaniel Pitcher 
 Melancton Wheeler 
 Alexander Livingston 
 William Townsend 
 John Richards 
 
 County of Westchester,, 
 Peter A. Jay 
 Jonathan Ward 
 Peter Jay 
 
RULES AND ORDERS 
 
 OF .iJi; 
 
 <dE 
 
 8 TA TE OF NE W- YORK. 
 
 1st. THE President having taken the chair, at the 
 hour to which the Senate shall have been adjourned, and 
 a quorum being present, the journal of the preceding 
 day shall be read, to the end that any mistake therein 
 may be corrected. 
 
 2d. No member shall speak to another, or otherwise 
 interrupt the business of the senate, or read any newspa- 
 per while the journals or public papers are reading ; and 
 when the president is putting a question, no senator shall 
 walk out or across the house, nor when a senator is speak- 
 ing, pass between him and the chair. 
 
 3d. The president shall have the right to name any 
 member to perform the duties of the chair, who is hereby 
 vested, during such time, with all the powers of the pre- 
 sident ; but such substitute shall not lose the right of vot- 
 ing on any question while so presiding. 
 
 4th. Every member when he speaks shall address the 
 chair, standing in his place: no member shall speak 
 more than twice in any one debate on the same day, with- 
 out leave of the senate. 
 
 5th. When two or more members rise at once, the pre- 
 sident shall name the member who is first to speak. 
 
 6th. No motion shall be debated until the same be sec- 
 onded ; and it shall be reduced to writing, if desired by 
 the president or any member, delivered in at the table, 
 and read by the president or clerk, before the same shall 
 be debated ; but it may be withdrawn at any time before 
 decision or amendment. 
 
 7th. While a question is before the senate, no motion 
 shall be received unless for an amendment, for postpon- 
 ing it, to commit it, or to adjourn ; and a motion for ad- 
 journment shall always be in order, and shall be decided 
 without debate. 
 
64 Rules and Orders of the Senate. 
 
 8th. If the question in debate contain several points, 
 any member may have the same divided. 
 
 9th. A motion for commitment, until it is decided, 
 shall preclude all amendments of the main proposition. 
 
 10th. Every bill shall be introduced by motion for 
 leave, or by order of the senate on the report of a com- 
 mittee ; and one day's notice at least shall be given of an 
 intended motion for leave to bring in a bill. 
 
 llth. 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 Sen- 
 ate unanimously direct otherwise. No bill shall be amen- 
 ded or committed until it shall have been twice read ; and 
 all resolutions to which a concurrence of the House of 
 Assembly is requisite, shall be treated in the form of pro- 
 ceedings on them in a similar mariner with bills, except 
 that it shall not be necessary to commit such resolutions 
 to a committee of the whole. 
 
 12th. Upon a division in the Senate, the names of those 
 who vote for or against a question shall be entered alpha- 
 betically on the minutes, if two members require it; and 
 each member called upon, unless for special reasons he 
 be excused by the Senate, shall declare, openly and with- 
 out debate, his assent or dissent to the question. 
 
 13th. The President shall appoint all ordinary com- 
 mittees, who shall consist of three members, unless a 
 different number shall be directed by the Senate. 
 
 14th. Informing a committee of the whole senate, a 
 chairman, to be named by the President, shall preside. 
 
 loth. The rules of the senate shall be observed in the 
 committee of the whole, so far as they may be applicable, 
 except limiting the number of times of speaking, and 
 except that the ayes and noes shall not be taken. 
 
 16th. A motion that the committee rise, shall always 
 be in order, and shall be decided without debate. 
 
 17th. No amendment shall be received for discussion 
 at the third reading of any bill, resolution, or amendment 
 to the constitution, unless by unanimous consent ; but it 
 shall at all times be in order before the final passage of 
 any bill, resolution or constitutional amendment, to move 
 its commitment or its recommitment. 
 
Of the State of New- York. 65 
 
 18th. When a member shall be called to order, he 
 shall sit down until the president shall have determined 
 whether he is in order or not ; and every question of or- 
 der shall be decided by the president, subject to an ap- 
 peal to the senate by any two members ; and if a mem- 
 ber be called to order for words spoken, the exceptiona- 
 ble words shall be immediately taken down in writing, 
 that the president or the senate may be better enabled to 
 judge of the matter. 
 
 19th. When a blank is to be filled, and different sums 
 or times shall be proposed, the question shall be first 
 taken on the highest sum and the longest time. 
 
 20th. No member shall absent himself from the service 
 of the senate, without leave first obtained ; and in case a 
 less number than a quorum of the senate shall convene, 
 they are hereby authorised to send the sergeant at arms, 
 or any other person, for any or all absent members, as 
 the majority of such persons present shall agree. 
 
 21st. Before any petition or memorial addressed to 
 the senate shall be received or read, a brief statement of 
 the contents thereof, shall be endorsed on the same, 
 with the name of the member introducing it. 
 
 22d. W T hen a question has been once put and decided, 
 it shall be in order for any member to move for the re- 
 consideration thereof; but no motion for the reconsider- 
 ation of any vote shall be in order, after the bill, resolu- 
 tion, message, report, amendment, or motion, upon 
 which the vote was taken, shall have gone out of the pos- 
 session of the senate, nor after the usual message shall 
 haVe been sent from the senate, announcing its decision ; 
 nor shall any motion for reconsideration be in order, un- 
 less made on the same day in which the vote was taken, or 
 within the three next days of the actual session of the 
 senate thereafter ; nor shall any question be reconsidered 
 more than once ; and the vote on the final passage of any 
 bill appropriating the public monies, or property, or cre- 
 ating, continuing, altering, or renewing any body politic 
 or corporate, shall not, in any case, be reconsidered. 
 
 23d. The following standing committees, to consist of 
 three members each, shall be appointed by the president, 
 at the commencement of each session : 1st, on claims ; 
 2d, on finance ; 3d, on the judiciary ; 4th, on the militia : 
 
66 Rules and Orders of the Senate 
 
 5th, on canals ; 6th, on roads and bridges ; 7th, on lite- 
 rature ; 8th, on the state prisons ; 9th, on banks and in- 
 surance companies ; 10th, on the division of counties and 
 towns; llth, on agriculture; 12th, on manufactures; 
 13th, on privileges and elections ; 14th, on enrolled bills ; 
 15th, on Indian affairs ; 16th, on expiring laws, to report 
 such as have expired, or are near expiring, and what 
 new laws they may conceive necessary. The commit- 
 tee of enrollment shall examine all bills, amendments, 
 and resolutions, before they go out of possession of the 
 senate, and make report when they find them correctly 
 engrossed. And it shall be the duty of that committee, 
 or any one of them, to present such bills as shall have 
 originated in the senate, and been passed by both houses, 
 to the governor, and to report the fact to the senate, 
 which report shall be entered on the journals, 
 
 24th. When an amendment to the constitution, or any 
 bill requiring the concurrence of two-thirds of the sena- 
 tors, is under consideration, the concurrence of two- 
 thirds shall not be requisite to decide any question for 
 amendments, or extending to the merits, being short of 
 the final question. 
 
 25th. The question on the final passage of all bills 
 which, by the constitution, require the assent of two- 
 thirds of the senators, and of all amendments to the con- 
 stitution, requiring such assent, shall be taken on a di- 
 vision, and entered on the journals ; and unless twenty- 
 two members vote in the affirmative, the bill or amend- 
 ment shall be declared lost ; and whenever such bill or 
 amendment shall receive the assent of two-thirds, as 
 aforesaid, the president shall certify the fact upon the 
 said bill or amendment ; and he shall certify the passage 
 of all other bills. 
 
 26th. 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 any member, require se- 
 crecy, the president shall direct all persons, excepting 
 the members and clerk of the senate, to withdraw ; and 
 during the discussion of said motion, the doors shall re- 
 main shut ; and every member and officer of the senate 
 *hall keep secret all such matters, proceedings, and 
 things, whereof secrecy shall be enjoined by order of 
 the senate. 
 
Of the State of New-Turk. 07 
 
 27th. Whenever the senate shall go into the consider- 
 ation of executive business, the president shall direct the 
 gallery to be cleared, and the doors to be closed; and 
 the proceedings of the senate, in such business, shall be 
 kept in a separate journal, which shall not be inspected 
 by any others than members of the senate, until the end 
 of the then meeting of the legislature, at which time the 
 same shall be public, and the clerk of the senate may 
 thereafter furnish extracts from the same at the request 
 of any citizen. 
 
 28th. When nominations to office shall be made by the 
 governor, a future day for taking them into consideration, 
 shall be assigned, unless the senate unanimously direct 
 otherwise. 
 
 29th. All information and remarks by any senator 
 concerning the character or qualifications of any per- 
 son nominated to office by the governor, shall be kept 
 secret. 
 
 30th. When a bill originated in the assembly shall 
 have been lost there, neither the same, or any other bill 
 on the same subject, and containing similar provisions, 
 shall be subsequently introduced into the senate, during 
 the same session, unless by unanimous consent. 
 
 31st. No person is to be admitted within the bar of 
 the senate, except the governor, the present and former 
 chancellors and judges of the supreme court, the cir- 
 cuit judges, present and former members of congress 
 and of the legislature of this state, the comptroller, the 
 treasurer, the secretary, the attorney-general, the sur- 
 veyor-general, the governor's private and military sec- 
 retary, the adjutant-general, the officers of the senate 
 and assembly, and such reporters as the president shall 
 permit. 
 
 32d. None but members shall be allowed to take any 
 books or stationary belonging to the senate, from their 
 chamber ; and on taking books, the members shall fur- 
 nish to the clerk a list of those taken, and his name, and 
 shall be responsible for them. And the clerk shall take 
 care that once in each week the books provided for the 
 use ol the senate, shall be placed in order, according to 
 some fixed arrangements ; and he shall make report to 
 the president of such books as are missing. 
 
68 Rules and Orders of the Senate 
 
 33d. The President shall cause the clerk of the senate 
 to make a list of all bills, resolutions, reports of commit- 
 tees, and other proceedings of this house which are com- 
 mitted to a committee of the whole senate, and which 
 are not made the order of the day for any particular day, 
 which list shall be called " the general orders of the day." 
 
 34th. When the senate has proceeded to the general 
 orders of the day, no other business shall be in order, 
 until the general orders shall have been disposed of, by 
 laying them upon the table, or postponing them. 
 
 35th. All the unfinished business of the preceding day 
 shall have preference to any other. 
 
 36th. No standing rule or order of the senate shall be 
 rescinded, suspended, or changed, without one day's no- 
 tice being given of the motion therefor; and no motion to 
 that effect, shall be in order, without such notice. Arid 
 no alteration or suspension of any rule shall take place 
 without the assent of two-thirds of the senators present. 
 
 January 19, 1825. 
 
RULES OF THE COURT 
 
 FOR THE 
 
 AND THE 
 CORRECTION OF ERRORS. 
 
 Proposed by His Honor Chancellor Kent-, and adopted at 
 the city of Albany, the ISth of September, 1818. 
 
 1. The plaintiff in error shall cause the writ of error, 
 with the transcript of the judgment or proceedings on 
 which the writ of error is founded, to be returned pur- 
 suant to the directions of the statute, or lose the benefit 
 of the said writ, unless this court shall see cause to allow 
 such plaintiff" a further day for that purpose. 
 
 2. If the plaintiff in error shall allege diminution of 
 the record, it shall be done on the day the writ of error 
 shall be returned, or within eight days thereafter, and 
 shall thereupon apply to the clerk of this court for a 
 certiorari to certify the diminution alleged, which the 
 clerk shall issue of course and without special order, 
 which certiorari the plaintiff in error shall cause to be 
 duly returned within twelve days, or shall lose the bene- 
 fit thereof, unless this court shall see cause to allow a 
 further day for that purpose. 
 
 3. That the plaintiff in error, on the day the writ of 
 error shall be returned, with the transcript of the record 
 or proceedings, if diminution shall not be alleged, and if 
 diminution shall be alleged, then on the return day of 
 the certiorari, shall assign errors and file the same with 
 the clerk, or in default thereof the plaintiff in error shall 
 lose the benefit of the writ, unless this court shall see 
 cause to allow further time for that purpose ; and the 
 defendant in error may thereupon, on motion, obtain an 
 order that such writ of error be dismissed with costs to 
 be taxed. 
 
 4. That when the plaintiff in error shall have filed an 
 assignment of errors with the clerk of this court, an or- 
 der may be thereupon entered by the plaintiff in error as 
 of course, for the defendant to join in error in eight days 
 after the service of a copy thereof, or be precluded: and 
 
 G 
 
70 Rules of the Court 
 
 if the defendant in error shall not comply with the said 
 order, he shall be precluded from joining in error, and 
 the plaintiff in error may take judgment by default. 
 
 5. That in every cause upon a writ of error, the plain- 
 tiff in error shall make a case for the use of this court, 
 on the argument thereof, and furnish to each member of 
 this court a printed copy of such case, on or before the 
 clay of hearing, or in default thereof the plaintiff in error 
 shall not be heard in support of the errors assigned. 
 
 6. The case to be made and printed upon a writ of 
 error, shall consist of the record or proceeding upon 
 which the writ is brought, and the errors assigned, to 
 which each party may add briefly the points or reasons 
 upon which they intend to rely in argument. 
 
 7. That in cases of appeals, the petition of appeal ad- 
 dressed to this court shall be filed in the office of the 
 register or assistant register, with whom the decree, or 
 order appealed from, shall have been entered ; which 
 petition, when filed in the recess of this court, shall pray 
 that the decree, decretal, or other order appealed from, 
 may be sent to this court on the first day of the next ses- 
 sion thereof, and when filed during the sitting of this 
 court, the same shall pray that the decree, decretal, or 
 other order appealed from, may be sent to this court 
 without delay. 
 
 8. That in every such petition of appeal, it shall b6 
 sufficient to set forth the decree, decretal, or other order 
 appealed from, without reciting the pleadings in the 
 cause, and stating that the said decree, decretal, or oth- 
 er order, so appealed from, or some part thereof, (spe- 
 cifying what part or parts) is erroneous, and that the 
 same ought to be reversed or modified, as the case may 
 be. 
 
 9. That the officer of the court of chancery, with 
 whom such petition of appeal shall be filed, shall make 
 and annex to the said petition of appeal the decree, de- 
 cretal, or other order appealed from, and such other or- 
 ders as may be required to be returned to this court, 
 without any of the pleadings, proofs and exhibits in the 
 cause ; and in case the cause had been set down for hear- 
 ing and heard prior to the decree or order appealed from, 
 then he shall cause to be annexed also a copy of the min- 
 
For the Correction of Errors. 7 1 
 
 utes taken by the register, or assistant register, respect- 
 ing what was read or used in the court below, or offered 
 and overruled on objection, or admitted at the hearing ; 
 authenticated copies of which pleadings, proofs, and ex- 
 hibits, or such of them as may be relied on by either par- 
 ty, shall be produced at the hearing by the parties. 
 
 10. That the party appealing shall, in every case, 
 cause the petition of appeal, with the matter to be annex- 
 ed to the same, as aforesaid, to be brought into this court, 
 and filed with the clerk thereof, by the day mentioned in 
 such petition, or when duly prepared by the officer as 
 before directed, or in default thereof shall lose the bene- 
 fit of such appeal, unless this court shall see cause to 
 allow a further day for that purpose. 
 
 1 1 . That on the petition of appeal being filed, as afore- 
 said, the appellant may thereupon, as of course, obtain 
 an order for the respondent to answer the petition of 
 appeal in eight days after service of a copy thereof, or 
 be precluded ; and if the respondent shall not comply 
 with the said order, he shall be precluded from answer- 
 ing the petition of appeal, and the appellant may pro- 
 ceed to take such decree as the case may require. 
 
 12. That previous to any argument of counsel upon 
 any appeal, a state of the case of each party, as it ap- 
 pears on the pleadings and proofs, and to be signed by 
 their respective counsel, shall be delivered to each mem- 
 ber of the court. 
 
 13. That in cases of writs of error, the attornies for 
 the parties respectively, and in cases of appeals, the so- 
 licitors for the respective parties, in the courts below, 
 shall be deemed the attornies and solicitors for them res- 
 pectively in all the proceedings on such writs of error, or 
 appeals in this court, under these rules, unless a new 
 attorney or solicitor shall have been employed in this 
 eourt and notice thereof given. 
 
 14. That all causes which have been put at issue in 
 this court, and ready for argument, but not argued dur- 
 ing the session thereof, and consequently continued to 
 the next session, shall be deemed to be set down for ar- 
 gument for the first day of such next session ; and the 
 clerk of this court shall make a list thereof, arranging 
 them in the order in which the joinder in error, or an- 
 
72 Rules of the @ourt 
 
 swer to the petition of appeal therein was filed, and a list 
 of all causes, whether on writs of error or appeal, which 
 shall be put at issue during the session of this court, shall 
 in like manner be made by the clerk and added to the list ; 
 and when this court shall be ready to proceed to the hear- 
 ing of causes, the same shall be called in the order in 
 which they stand on the list. 
 
 15. When any cause put in the list as aforesaid, shall 
 have been twice called and passed in consequence of the 
 plaintiff in error, or appellant, not being in readiness to 
 proceed with the argument thereof, the defendant in 
 error shall be entitled to a judgment of non pross of the 
 writ of error, and the respondent to a decree dismissing 
 the appeal, as the case may be, with costs, unless this 
 court on good cause shown shall otherwise order. 
 
 16. That the remittitur, in case of a writ of error, 
 shall contain a copy of the judgment of this court an- 
 nexed to the writ of error, and the transcript of the 
 record of proceedings, as brought into this court, under 
 the seal of this court, and signed by the clerk thereof; 
 and the remittitur, in case of an appeal, shall contain 
 a copy of the decree or order of this court annexed to the 
 petition of appeal, and the matters thereto annexed as 
 brought into this court, under the seal of this court, 
 and signed by the clerk thereof. 
 
 17. That all costs awarded by this court, in causes 
 upon writs of error or appeal, shall be taxed by the 
 chancellor or a judge of the supreme court, and inserted 
 in the judgment of this court, and form part of the re- 
 mittitur, for which costs the supreme court shall award 
 execution according to the course of that court ; and all 
 costs awarded by this court, in cases upon appeals, shall 
 be taxed in like manner, and the court shall award exe- 
 cution for the same, or enforce payment thereof, accord- 
 ing to the course and practice of that court. 
 
 18. That no member of this court shall, as attorney, 
 solicitor, or counsel, be concerned in or argue any cause 
 in this court, either upon error or appeal, unless such 
 member was, without reference to this court, actually 
 retained and employed in the cause in the court below, 
 before the judgment or decree on which the writ of error 
 or appeal is founded was rendered : provided, however, 
 
For the Correction of Error j. 73 
 
 that this rule shall not extend to causes in which any 
 member of this court was actually retained as attorney, 
 solicitor or counsel, previous to the adoption thereof. 
 
 19. That at the hearing of causes on appeal or writs 
 of error, not more than one counsel shall open the argu- 
 ment, and no more than two counsel shall answer, and 
 no more than one counsel shall reply or close, except in 
 special cases on appeal, where there are distinct parties 
 on the same side having distinct interests in question. 
 
 20. That special motions shall require a notice to the 
 opposite party of such motion, to be duly served two 
 days at least before the motion is to be made. 
 
 21. That in all cases on error and appeal brought into 
 this court, the judges in cases of writs of error, and the 
 chancellor in case.' of appeal, shall give the reasons for 
 their judgment or decree, immediately after the reading of 
 the record or decree, and before any counsel in the cause 
 is heard. 
 
 22. That when an appeal from any decree of the 
 chancellor shall be heard in this court, the chancellor 
 may state his opinion upon eve 7" matter that shall arise 
 on such hearing, but shall not have a voice in the decision 
 of the court on any question whatever arising on such 
 appeal ; and that when a cause shall be brought into 
 this court by ^i writ of error on the question of law in a 
 judgment of the supreme court, the judges of such court 
 may severally state their opinions upon every matter 
 that may arise on such hearing, but shall not have a 
 voice in the decision of the court on any question what- 
 ever arising in the cause so brought into this court. 
 
 23. That hereafter it shall be the duty of the appel- 
 lant or plaintiff in error in this court, to deliver a copy 
 of the opinion of the chancellor or supreme court to 
 each member, as an appendix to his case, previous to 
 the argument thereof. 
 
 24. That in cases not already provided for, the practice 
 of this court shall be similar to the practice of the court 
 of exchequer chamber in England ; and that on appeals 
 it shall be conformable to that of the house of lords in 
 England, when sitting as a court of appeals, until further 
 order ; and that all former rules made by this court reia-. 
 live to its practice b* vacated. 
 
RULES AND ORDERS 
 
 OF THE 
 
 ASSEMBLY 
 
 OF THE 
 
 STATE OF NEW-YORK. 
 
 1. Upon the appearance of a quorum, the speaker 
 shall take the chair, and the members shall be called to 
 order. 
 
 2. Immediately after the speaker shall have taken the 
 chair, the minutes of the preceding day shall be read by 
 the clerk, to the end, that any mistakes therein may be 
 corrected by the house. 
 
 3. The speaker shall preserve order and decorum, 
 and shall decide questions of order, subject to an appeal 
 to the house : he shall have the right to name any mem- 
 ber to perform the duties of the chair, but such substitu- 
 tion shall not extend beyond an adjournment. 
 
 4. The speaker shalV not vote in any case, unless 
 where the vote shall be by ballot ; or when the House 
 shall be equally divided ; or when his vote added to the 
 minority, shall make an equal division ; and in case of 
 such equal division, the question shall be lost. 
 
 5. When the house adjourns, the members shall keep 
 their seats until the speaker leaves the chair. 
 
 6. Every member, previous to his speaking, shall rise 
 from his seat, and address himself to the speaker. 
 
 7. When two or more members rise at once, the speak- 
 er shall name the member who is first to speak. 
 
 8. No member shall speak more than twice to the same 
 question without leave of the house ; nor more than once, 
 until every member, choosing to speak, shall have spoken. 
 
 9. No motion shall be debated or put, unless the same 
 be seconded. When a motion is seconded, it shall be 
 stated by the Speaker, before debate ; and every such 
 motion shall be reduced to writing, if the speaker, or 
 any member, desire it. 
 
 10. Alter a motion is stated by the speaker, it shall 
 be deemed to be in possession of the house ; but may be 
 withdrawn at any time before decision or amendment. 
 
Rules and Orders of the Assembly. 75 
 
 11. When a question is under debate, no motion shall 
 be received, unless to amend it ; to lay it on the table ; to 
 commit it : to postpone it to a day certain ; for the pre- 
 vious question ; or to adjourn. 
 
 12. A motion to adjourn shall be always in order, and 
 shall be decided without debate. 
 
 13. The previous question, until it is decided, shall 
 preclude all amendment and debate of the main question f 
 and shall be decided in this form Shall the main question 
 be now put 1 
 
 14. No member shall speak more than once, without 
 leave, upon a previous question. 
 
 15. A motion for commitment, until it is decided, shall 
 preclude all amendment of the main question. 
 
 16. Every order, resolution, and vote, to which the 
 concurrence of the Senate shall be necessary, shall be 
 read to the House, and laid upon the table, on a day 
 preceding that in which the same be moved, unless the 
 house shall otherwise allow. 
 
 17. Petitions, memorials, and other papers, addressed 
 to the house, shall be presented by the Speaker, or by a 
 member in his place. 
 
 18. Every member who shall be present when a ques- 
 tion is stated from the chair, shall vote for or against the 
 same, unless trie house shall excuse him, or unless he be 
 immediately interested in the question ; in which case he 
 shall not vote ; but no member shall be permitted to vote 
 upon any question, un'ess present when his name is called 
 upon a division in i's iegular order. 
 
 19. While the speaker is putting a question, no mem- 
 ber shall walk out of, or across the house ; nor when a 
 member is speaking, shall any member entertain any pri- 
 vate discourse, or pass between him and the chair. 
 
 20. A member called to order, shall immediately sit 
 down, unless permitted to explain ; and the house, if 
 appealed to, shall decide on the case, but without debate ; 
 if there be no appea', the decision of the chair shall be 
 submitted to. 
 
 21. Every bill shall be introduced by motion for leave, 
 r by an order of the house on the report of a committee ; 
 >and one day's notice, at least, shall be given of a motion 
 to bring in a bill, unless the house unanimously allow 
 
T6 1 Rules and Orders of the Assembly 
 
 the same to be brought in without such previous notice. 
 
 22. The printed copies of bills which are brought into 
 this house, by any member or committee, and ordered to 
 be printed, shall contain the name of the member or 
 committee bringing in or "reporting such bill. 
 
 23. Every bill shall receive three several readings, 
 previous to its being passed ; and the second and third 
 reading shall be on different days : and the third reading 
 shall be on a day subsequent to that on which it has pas- 
 sed a committee of the whole house, unless the house 
 unanimously direct otherwise. 
 
 24. No bill shall be committed or amended until it has 
 been twice read. 
 
 26. In forming a committee of the whole house, thd 
 speaker shall leave the chair, and a chairman shall b0 
 appointed to preside. 
 
 26. Bills committed to a committee of the whole house, 
 shall be first read through by the clerk, and then read 
 and debated by clauses, leaving the preamble to be last 
 considered : all amendments shall be entered on a sepa- 
 rate piece of paper, and so reported to the house by the 
 chairman, standing in his place ; alter the report, the 
 bill shall be subject to debate and amendment, belore the 
 question to engross it be taken. 
 
 27. All questions, whether in committee, or in the 
 house, shall be put in the order they were moved ; except 
 that in filling up blanks, the largest sum and longest time 
 shall be first put. 
 
 28. A similar mcde of proceeding shall be observed 
 with bills which have originated in, and have passed the 
 senate, as with bills originating in the house. 
 
 29. When a bill passes the house, tLe speaker fchall ccr 
 tify the same, with the date thereof at the lootot the bill* 
 
 30. Upon a division, the names ol those who vute tor, 
 and those who vote against the question, shall be entered 
 upon the minutes, if any ten members require it. 
 
 31. The order, of the day shuil have the preference to 
 any motion before the house. 
 
 32. A motion that the chairman leave the chair, shall 
 always be in order, and shall take place of any otiier 
 motion. 
 
Of the State of New-York 77 
 
 33. In the absence of a quorum, the speaker may ad- 
 journ the house until the next sitting day ; or if in com- 
 mittee of the whole, the committee may rise and report 
 progress. 
 
 34. No motion for reconsideration shall be in order, 
 unless on the same day, or day following that on which 
 the decision proposed to be reconsidered took place, nor 
 unless one of the majority shall move such reconsidera- 
 tion, A motion for reconsideration being put and lost, 
 shall not be renewed ; nor shall any subject be a second 
 time reconsidered, without unanimous consent. 
 
 35. The rules of the house shall be observed in a com- 
 mittee of the whole house, except the rules respecting 
 division, and limiting the times of speaking. 
 
 36. Select committees to whom references shall be 
 made, shall in all cases report a state of facts, and also 
 their opinions thereon, to the house. 
 
 37. That in all cases where a bill, order, resolution or 
 motion, shall be entered on the journals of this house, 
 the name of the member moving the same shall also be 
 entered on the journals. 
 
 38. Every message from the honourable the senate, 
 communicating any bill for the concurrence of this house, 
 shall, after the second reading of the said bill, be refer- 
 red to a select committee, with the accompanying docu- 
 ments, if any, to consider arid report thereon. 
 
 39. The speaker shall cause the clerk of this house to 
 make a list of all bills, resolutions, reports of committees, 
 and other proceedings in this house, which are committed 
 to a committee of the whole house, and which are not 
 made the order of the day for any particular day ; which 
 list shall be called " the general orders of the day." 
 
 40. On the meeting of the house, after the reading of 
 the journal, the presentation of petitions shall be first in 
 order ; and it shall be the duty of the speaker to call for 
 the same ; and when the petitions have been disposed of, 
 reports, first from standing committees, then from select 
 committees, shall be called for and disposed of, which 
 business shall be done at no other part of the day, except 
 by permission of the house. 
 
 41. When the ho:ise have proceeded to the " general 
 orders of the day," no other business shall b& in order. 
 
78 Mules and Orders of the Assembly 
 
 until the house have disposed of the same by laying them 
 upon the table, or by postponing them until the next day. 
 
 42. A standing committee of five persons shall be ap- 
 pointed, to be called " the committee on engrossed bills," 
 whose duty it shall be, carefully to examine all bills pas- 
 sed by this house, and see that the same are correctly 
 engrossed, and report the same to the house, before the 
 same are signed by the speaker. 
 
 43. Reports from the committee on engrossed bills, 
 shall at all times be in order, and have preference to any 
 other business. 
 
 44. All the unfinished business of the preceding day, 
 shall have preference to any other, except special orders 
 of the day, in committee of the whole. 
 
 45. No private bill shall be brought into the house, but 
 upon a petition signed by the parties who are suitors 
 therefor, first presented. 
 
 46. That hereafter, the final question on the passage 
 of any bill appropriating the public monies, or property, 
 for local or private purposes, or creating, continuing, al- 
 tering, or renewing any body politic, or corporate, shall 
 be taken 'by a division; and unless eighty-six members 
 shall vote in the affirmative, the bill shall be declared lost ; 
 and the speaker shall certify upon all such bills which shall 
 so pass, that two-thirds of all the members elected to this 
 house, voted in favor of the same. 
 
 47. That a standing committee of five be appointed, on 
 bills coming within the ninth section of the seventh ar- 
 ticle of the amended constitution of this state ; and that 
 when any bill shall have passed in committee of the 
 whole house, which the speaker shall suppose to be with- 
 in the provisions of the said ninth section, or on which 
 question he may entertain doubts, it shall be referred to 
 the said committee, to examine and report thereon, be- 
 fore the question on its final passage shall be taken. 
 
 48. That amendments by the senate to all bills which 
 have passed the house, shall be referred to an appropri- 
 ate select or standing committee, to examine and report 
 ihereon, unless the house shall otherwise expressly allow. 
 
 49. The final reading of all bills which require the 
 sanction of a constitutional majority, shall be had on 
 Tuesday or Friday in every week, and #B BO otkojr 
 
bf the State of New- York. V. 
 
 until otherwise ordered, except by unanimous consent. 
 
 50. That the final question on the passage of any bill 
 requiring a constitutional majority of this house, shall 
 not lie deemed to be decided, unless eighty-six members 
 are present, and vote on the question. 
 
 51. Every member, previous to presenting a petition 
 or memorial, shall endorse on the same the substance 
 thereof, and add his name ; the clerk shall then read 
 the endorsement, after which the speaker shall put the 
 question on the reference of said petion or memorial. 
 
 52. All committees shall be appointed by the speaker, 
 unless 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 pre- 
 vail ; 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 proceed to a further 
 ballot or ballots. 
 
 53. On a motion in committee of the whole house to 
 rise and report, the question shall be decided without 
 debate. 
 
 54. A motion to reconsider the vote Upon the final 
 passage of any bill requiring the assent of two-thirds of 
 all the members elected to this house, shall be made 
 by a member who voted against the bill ; and two-thirds 
 of the members elected to* this house, shall be required 
 to reconsider the same ; nor shall such vote be a second 
 time reconsidered. 
 
 55. All questions relating to the priority of business, 
 to be acted on, shall be decided without debate. 
 
 56. No standing riile or order shall be rescinded or 
 changed, without one day's previous notice being given 
 of the motion therefor; nor shall the 54th rule be alter- 
 ed, without two-thirds of the members elected to this 
 house, agree tr such alteration. 
 
 January 11, 1825. 
 
JOINT RULES 
 
 OF THE 
 
 SENATE AKFD ASSEMBLY, 
 
 OF THE 
 
 STATE OF NEW-YORK. 
 
 1. Each house shall transmit to the other all papers 
 on which any bill or resolution shall be founded. 
 
 2. 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 may have passed. 
 
 3. Messages from one house to the other, shall be com- 
 municated by the respective clerks of each house, unless 
 the house transmitting the message shall especially direct 
 otherwise. 
 
 4. It shall be in the power of either house to amend 
 any amendment made by the other, to any bill or reso- 
 lution. 
 
 5. In every case of a difference between the two houses 
 upon any subject of legislation, either house may request 
 a conference, and appoint a committee for that purpose, 
 and the other shall also appoint a committee to confer. 
 The committees shall meet at such hour and place as 
 shall be agreed upon by their chairman, and state to 
 each other, verbally or in writing, as either shall choose, 
 the reasons of their respective houses, and confer freely 
 thereon. And they shall be authorised to report to their 
 respective houses, such modifications or amendments as 
 they may think advisable. 
 
 6. It shall be in order for either house to recede from 
 any subject matter of difference subsisting between the 
 two houses at any time previous to conference, whether 
 the papers on which such difference has arisen are be- 
 fore the house receding, formally or informally, and that 
 a majority shall govern, except in those cases where two- 
 thirds are required by the constitution ; and the question 
 having been put and lost, shall not be again put on the 
 same day? and the reconsideration thereof shall in other 
 respects be regulated by the rules of the respective houses. 
 
 7. After each house shall have adhered to their disa- 
 
Joint Rules of the Senate and Assembly. 1 
 
 grcement, the bill which is the subject of difference, 
 shall be deemed lost, and shall not he again revived dur- 
 ing the same session in either house. 
 
 8. The same bill shall not create, renew or continue 
 more than one incorporation, nor contain any provisions 
 in relation to the altering of more than one act of incor- 
 poration, nor shall the same bill appropriate the public 
 money or property to more than one local or private 
 purpose. And bills appropriating money for the pay- 
 ment of the officers of government, shall be confined to 
 that purpose exclusively. 
 
 9. Whenever there shall be a ballot for officers by the 
 two houses, the result shall be certified by the president 
 of the senate, and speaker of the assembly, and shall 
 be reported by the presiding officer of eacfi. house to 
 their respective houses, and be entered on the journals 
 of each, and shall be communicated to the governor 
 by the clerks of the two houses. 
 
 AN ACT 
 
 Relative to Incorporations , and the Division of Counties* 
 
 Passed March 26, 1813. 
 
 I. Be it enacted by the People of the State of New- York, 
 represented in Senate and Assembly, That when any as- 
 sociation shall be formed for any purpose whatever after 
 the first day of July next, shall be disposed to make 
 application to the legislature for an act of incorporation, 
 or any company or association already incorporated 
 shall be disposed to make application for any alteration 
 in the law so incorporating them, it shall be the duty of 
 the persons so associated, or the directors or stockhold- 
 ers of such incorporation, or some of them, to signify 
 such their intention by advertisement, to be insertea for 
 at least six weeks successively immediately before such 
 application, in one or more of the newspapers printed in 
 the county where the objects of such association or in- 
 corporation is carried, or intended to be carried into 
 effect, (and also in the newspaper printed by the printer 
 to this state;) and if no newspaper be printed in such 
 
 H 
 
82 Joint Rules of the Senate and Assembly. 
 
 county, then in the newspaper or papers nearest to the 
 same, and shall specify the objects of such incorporation, 
 the amount of capital stock requisite to carry their ob- 
 jects into effect ; and in case of an application for any 
 alteration in any charter already granted, it shall be the 
 duty of the stockholders or directors of such incorpora- 
 tion, to state in such notice specifically, the alteration so 
 to be applied for ; and that due proot shall be made of 
 such notice having been published, previous to leave be- 
 ing given to bring in any bill to comply with any such 
 application. 
 
 II. And be it further enacted. That the like notice 
 shall be published of any application to divide any coun- 
 ty within this state, or to erect any new county out of 
 parts of counties. 
 
 AN ACT 
 
 Supplemental to an act, entitled 11 An Act relative tolncor- 
 porations, and the division of Counties." 
 
 Passed April 10, 1818. 
 
 Be it enacted by the People of the State of New- 
 York, represented in Senate and Assembly, That from 
 and after the passing of this act, upon all applications 
 intended to be made to the legislature of this state, for 
 removing any court-house, or imposing a tax for the lay- 
 ing out, making or improving any road, in or through 
 t}ie several counties of this state, or for any local pur- 
 poses where all or any part of the inhabitants of said 
 counties are proposed to be taxed, it shall be the duty of 
 such applicants to give the like notice, and make the 
 same proof thereof, as is prescribed in the first section 
 of the act, entitled " An act relative to incorporations, 
 arid the division of counties," passed March 26, 1813. 
 
THE LEGISLATURE. 
 
 SECTION I. 
 
 HOW COMPOSED. 
 
 THE legislative power of this state is vested in a Senate 
 and Assembly. Const. Art. 1. Sec. 1. 
 
 The senate consists of thirty two members, each chosen 
 for four years, and must be freeholders. Const. Sec. 2. 
 Art. I. 
 
 The assembly consists of one hundred and twenty 
 eight members who are annually elected. Const. Sec, 2, 
 of Art. 1. 
 
 No minister of the Gospel can be a member of either 
 branch of the legislature. Const. Art. 7. Sec. 4. 
 
 SECTION II. 
 
 ORGANIZATION. 
 
 A MAJORITY of each house shall constitute a quorum 
 to do business. Each house shall determine the rules of 
 its own proceedings, and be the judge of the qualifica- 
 tions of its own members. Each house shall choose its 
 own officers ; and the senate shall choose a temporary 
 president, when the lieutenant-governor shall not attend 
 as president, or shall act as governor. Const. Art. 1. 
 SM. 3. 
 
 Each house shall keep a journal of its proceedings, 
 and publish the same, except such parts as may re- 
 quire secrecy. The doors of each house shall be kept 
 open except when the public welfare shall require se- 
 crecy. Neither house shall, without the consent of the 
 other, adjourn for more than two days. Const. Art. 1. 
 Sec. 4. 
 
 Members of the legislature, and all officers, executive 
 and judicial, except such inferior officers as may by law 
 be exempted, shall, before they enter on the duties of their 
 respective offices, take and subscribe the following oath 
 
84 Importance of adhering to Rules. 
 
 or affirmation. I do solemnly swear, (or affirm, as the 
 case may be,) that I will support the constitution of the 
 United States, and the constitution of the State of New- 
 York ; and that I will faithfully discharge the duties of 
 
 the office of , according to the best of 
 
 iny ability. 
 
 And no other oath, declaration, or test, shall be re- 
 quired as a qualification for any office or public trust. 
 Const. Art. 6. 
 
 The lieutenant-governor is president of the senate, but 
 has only a casting vote therein. Const. Art. 3. Sec. 7. 
 
 The clerk of the senate is not chosen annually. 
 
 In the assembly a presiding officer is chosen by the 
 members present, (being a quorum,) and from former 
 usage is called " The Speaker." After the speaker has 
 been placed in the chair, the house then proceed by ballot, 
 resolution, or motion, at pleasure, to choose a clerk, ser- 
 geant at arms, and door-keepers : then the organization 
 of the assembly is completed. 
 
 SECTION III. 
 
 THE IMPORTANCE OP ADHERING TO RULES. 
 
 MR. ONSLOW, the ablest among the speakers of the 
 House of Commons, used to say, "it was a maxim he had 
 often heard, when he was a young man, from old and 
 experienced members, that nothing tended more to throw 
 power into the hands of administration and those who 
 acted with the majority of the House of Commons, than a 
 neglect of, or departure from, the rules of proceeding ; 
 that these forms, as instituted by our ancestors, operated 
 as a check and controul on the actions of the majority, 
 and that they were in many instances, a shelter and pro- 
 tection to the minority against the attempts of power/* 
 So far the maxim is certainly true, and is founded in good 
 sense, that as it is always in the power of the majority, 
 by their numbers, to stop any improper measures pro- 
 posed on the part of their opponents, the only weapons 
 by which the minority can defend themselves against 
 similar attempts from those in power, are the forms and 
 
importance of adhering to Rules. 85 
 
 rules of proceeding which have been adopted as they 
 were found necessary from time to time, and are become 
 the law of the House ; by a strict adherence to which, 
 the weaker party can only be protected from those irreg- 
 ularities and abuses which these forms were intended to 
 check, and which the wantonness of power is but too of- 
 ten apt to suggest to large and successful majorities. 2 
 Hats. 171, 172. 
 
 And whether these forms be in all cases the most ra- 
 tional or not, is really not of so great importance. It is 
 much more material that there should be a rule to go by, 
 than what that rule is ; that there may be an uniformity 
 of proceeding in business, not subject to the caprice of 
 the speaker, or captiousness of the members. It is very 
 material that order, decency and regularity, be prserved 
 in a dignified public body. 2 Hats. 149. 
 
 And in 1698 the Lords say " the reasonableness of 
 what is desired is never considered by us, for we are 
 bound to consider nothing but what is usual. Matters 
 of form are essential to government, and 'tis of conse- 
 quence to be in the right. All the reason for forms is 
 custom, and the law of forms is practice; and reason is 
 quite out of doors. Some particular customs may not 
 be grounded on reason, and no good account can be given 
 of them ; and yet many nations are zealous for them ; 
 and Englishmen are as zealous as any others to pursue 
 their old forms and methods." 4 Hats. 258. 
 
 And this subject has been still further and elegantly 
 illustrated by the Onslow of the United States, the Hon- 
 orable Henry Clay, Esq. for many years Speaker of the 
 House of Representatives of the Union. In his address 
 on taking the chair on the 1st of Dec. 1823, is the fol- 
 lowing brief outline : 
 
 " The principles which should regulate the execution 
 of the duties of the incumbent of the chair are not diffi- 
 cult to comprehend, although their application to partic- 
 ular instances is often extremely delicate and perplexing. 
 They enjoin promptitude and impartiality in deciding the 
 vanous questions of order, as they arise, firmness and dig- 
 nity in his deportment towards the house, patience, good 
 temper, and courtesy, towards the individual members, 
 asidthe best arrangement and distribution of the talent 
 H2 
 
86 Privilege* 
 
 of the house, in its numerous subdivisions, for the des- 
 patch of the public business, and the fair exhibition of 
 every subject presented for consideration. They espe- 
 cially require of hii.a, m those moments of agitation, from 
 which no deliberative assembly is always entirely exempt, 
 to remain c( ..} and unshaken, amidst all the storms of 
 debate, carefully guarding- the preservation of the per- 
 mn; >n: .w? ^nd rules of tiie house, from being sacrificed 
 to tempo jtar;- pcissious, prejudices or interests." 
 
 SECTION IV. 
 
 PRIVILEGE. 
 
 THE privileges of the members of Parliament, from 
 small and obscure beginnings, have been advancing for 
 centuries, with a firm and never yielding pace. Claims 
 seem to have been brought forward from time to time, and 
 repeated, till some example of their admission enable 
 them to build law on that example. We can only there- 
 fore state the point of progression at which they now are. 
 It is now acknowledged, 1, That they are at all times 
 exempted from question elsewhere for any thing* said in 
 their own house ; that during the time of privilege, 2, 
 Neither a member himself.* his wif , or his servants, (Ta- 
 miliares, sm) for any matter of their own, may be ar- 
 rested,! on mesne process, in an>- civil suit: 3, Nor ba 
 detained under execution, thouy '. levied before time of 
 privilege: 4, Nor impleaded, cited, or subpo3naed in any 
 court: 5, Nor summoned as a witness or juror: 6, Nor 
 may their lands or goods be distrained : 7, Nor their 
 persons Assaulted, or characters traduced. And the pe- 
 riod of time covered by privilege, before and after the 
 session, with the practice of short prorogations under the 
 connivance of the crown, amounts in fact to a perpetual 
 protection against the course of justice. In one instance, 
 indeed, it has been relaxed by the 10. G. 3. c. 50, which 
 permits judiciary proceedings to go on against them. 
 That these privileges must be continually progressive, 
 
 * Ord. of the H. of Com. 1663, July 16. 
 t Elsynge 217. 1 Hats. 21. Grey's deb. 133, 
 
Privilege. 87 
 
 seems to result from their rejecting all definition of them ; 
 the doctrine being that " their dignity and independence 
 are preserved by keeping their privileges indefinite ;" 
 and that the " maxims upon which they proceed, together 
 with the method of proceeding, rest entirely in their own 
 breast, and are not defined and ascertained by any par- 
 ticular stated laws." 1 Blackst. 163, 164. 
 
 It was probably from this view of the encroaching cha- 
 racter of privilege, that the framers of our constitution, 
 in their care to provide that the laws shall bind equally 
 on all, and especially that those who make them shall 
 not exempt themselves from their operation, have only 
 privileged " Senators and Representatives" themselves 
 from the single act of " arrest in all cases, except trea- 
 son, felony, and breach of the peace, during their attend- 
 ance at the session of their respective houses, and in going 
 to and returning from the same, and from being question- 
 ed in any other place for any speech or debate in either 
 house." Const. U. S. Art. I , Sec. 6. Under the general 
 authority " to make all laws necessary and proper for 
 carrying into execution the powers given them," Const. 
 U. 8. Art. 2, Sec. 8, they may provide by law the detail* 
 which may be necessary for giving full effect to the en- 
 joyment of this privilege. No such law being as yet made, 
 it seems to stand at present on the following ground : 1. 
 The act of arrest is void ab initio.* 2. The member ar- 
 rested may be discharged on motion. 1 Bl. 166. 2 Stra. 
 990, or by habeas corpus under the federal or state au- 
 thority, as the case may be ; or by a writ of privilege out 
 of the Chancery, 2 Stra. 989, in those states which have 
 adopted that part of the laws of England. Orders of the 
 H. of Commons 1550, February 20. 3. The arrest being 
 unlawful, is a trespass, for which the officer and others 
 concerned are liable to action or indictment in the ordi- 
 nary courts of justice, as in other cases of unauthorised 
 arrest. 4. The court before which the process is return- 
 able, is bound to act as in other cases of unauthorised 
 proceeding, and liable also, as in other similar cases, to 
 have their proceedings staid or corrected by the superior 
 courts. 
 
 * 2 Stra. 989. 
 
88 Privilege. 
 
 The time necessary for going to and returning from 
 Congress, not being defined, it will of course be judged 
 of in every particular case by those who will have to de- 
 cide the case. 
 
 While privilege was understood in England to extend, 
 as it does here, only to exemption from arrest elm do, 
 morando, et redeundo, the House of Commons them- 
 selves decided that " a convenient time was to be under- 
 stood." (1580.) 1 Hats. 99, 100. Nor is the law so 
 strict in point of time as to require the party to set out 
 immediately on his return, but allows him time to settle 
 his private affairs, and to prepare for his journey ; and 
 does not even scan his road very nicely, nor forfeit his 
 protection for a little deviation from that winch is most 
 direct ; some necessity, perhaps, constraining him to it. 
 2 Stra. 986, 987. 
 
 This privilege from arrest, privileges of course 
 against all process, the disobedience to which is punish- 
 able by an attachment of the person ; as a subpoena ad 
 respondendum, or testificandum, or a summons on a jury : 
 and with reason ; because a member has superior duties 
 to perform in another place. 
 
 When a representative is withdrawn from his seat by 
 summons, the 30,000 people whom he represents, lose 
 their voice in debate, and vote as they do on his volun- 
 tary absence : when a senator is withdrawn by summon?, 
 his state loses half its voice in debate and vote, as it does 
 on his voluntary absence. The enormous disparity of 
 evil admits no comparison. 
 
 So far, there will probably be no difference of opinion 
 as to the privileges of the two houses of congress ; but in 
 the following cases it is otherwise. In December, 1795, 
 the H. of R. committed two persons of the name of Ran- 
 dall and Whitney, for attempting to corrupt the integrity 
 of certain members, which they considered as a contn;.',rt 
 and breach of th* privi'eges of the House : and the facts 
 being proved, Whitney was detained in coiilinemeni, a 
 fortnight, and Randall three weeks, and was reprimand- 
 ed by the Speaker. In March, 1706, the H. of R. voted 
 a challenge given to a member of their House, to be a 
 breach of the privileges of the House; but satisfactory 
 apologies and acknowledgments being made, no further 
 
Privilege. %$ 
 
 proceeding was had. The editor of the Aurora having, 
 in his paper of February 19, 1800, inserted some para- 
 graphs defamatory of the Senate of the United States, 
 and failed in his appearance, he was ordered to be com- 
 mitted. In debating the legality of this order, it was in- 
 sisted, in support of it, that every man, by the law of 
 nature, and every body of men, possesessthe right of self 
 defence ; that all public functionaries are essentially in- 
 vested with the powers of self preservation ; that they 
 have an inherent right to do all acts necessary to keep 
 themselves in a condition to discharge the trusts confided 
 to them ; that whenever authorities are given, the means of 
 carrying them into execution are given by necessary im- 
 plication ; that thus we see the British parliament exer- 
 cise the right of punishing contempts ; all the state legis- 
 latures exercise the same power ; and every court does 
 the same : that if we have it not, we sit at the mercy of 
 every intruder, who may enter our doors or gallery, and, 
 by noise and tumult, render proceeding in business im- 
 practicable ; that if our tranquility is to be perpetually dis- 
 turbed by newspaper defamation, it will not be possible 
 to exercise our functions with the requisite coolness and 
 deliberation ; and that we must therefore have a power 
 to punish these disturbers of our peace and proceedings. 
 To this it was answered, that the parliament and courts 
 of England have cognizance of contempts by the express 
 provisions of their law ; that the state legislatures have 
 equal authority, because their powers are plenary : they 
 represent their constituents completely, and possess all 
 their powers, except such as their constitutions have ex- 
 pressly denied them ; that the courts of the several states 
 have the same powers 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 natural 
 or necessary 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 constitution ; that that 
 has given them directly exemption from personal arrest, 
 exemption from question elsewhere for what is said in 
 their House, and power over their own members and pro- 
 ceedings ; for these, no further law is necessary, the con- 
 
90 Privilege. 
 
 stitution being the law ; that moreover, by that article of 
 the constitution which authorises them "to make all laws 
 necessary and proper for carrying into execution the 
 powers vested by the constitution in them," they may 
 provide by law for an undisturbed exercise of their func- 
 tions, e. g. for the punishment of contempts, of affrays or 
 tumult in their presence, &c. but, till the law be made, it 
 does riot exist ; and does not exist from their own neglect ; 
 that in the mean time, however, they are not unprotected, 
 the ordinary magistrates and courts of law being open 
 and competent to punish all unjustifiable disturbances or 
 defamations, and even their own sergeant, who may ap- 
 point deputies ad libitum to aid him, 3 Grey 59, 147, 255 
 is equal to small disturbances ; that in requiring a previ- 
 ous law, the constitution had regard to the inviolability 
 of the citizen as well as of the member ; as, should one 
 House, in the regular form of a bill, aim at too broad 
 privileges, it may be checked by the other, and both by 
 the president ; and also, as, the law being promulgated, 
 the citizen will know how to avoid offence. But if one 
 branch may assume its own privileges without controul, 
 if it may do it on the spur of the occasion, conceal the law 
 in its own breast, and, after the fact committed, make 
 its sentence both the law and the judgment on that fact; 
 if the offence is to be kept undefined, and to be declared 
 only ex re nata, and according to the passions of the 
 moment, and there be no limitation either in the manner 
 or measure of the punishment, the condition of the citi- 
 zen will be perilous indeed. Which of these doctrine* is 
 to prevail, time will decide. "Where there is no fixed 
 law, the judgment on any particular case is the law of 
 that single case only, and dies with it. When a new and 
 even a similar case arises, the judgment which is to make, 
 and at the same time apply the law, is open to question 
 and consideration, as are all new laws. Perhaps, con* 
 gress, in the mean time, in their care for the safety of the 
 citizen, as well as that for their own protection, may de- 
 clare by law what is necessary an<< proper to enable them 
 to carry into execution the powers vested in them, and 
 thereby hang up a rule for the inspection of all, which 
 may direct the conduct of the citizen, and at the same 
 time test the judgments they shall themselves pronounce 
 in their own case. 
 
Privilege , 91 
 
 Privilege from arrest takes place by force of the elec- 
 tion ; and before a return be made, a member elected 
 may be named of a committee, and is to every intent a 
 member, except that he cannot vote until he is sworn. 
 Mmwr. 107, 108. Dewcs 642. col 2, 643. col 1. Pet. 
 Miscel. Parl. 111). Lex. Parl c. 23. 2 Hats. 22, 62. 
 
 Every man must, at his peril, take notice who are mem* 
 bers of either house returned of record. Lex. Parl. 23, 
 4. inst. 24. 
 
 On complaint of a breach of privilege, the party may 
 either be summoned, or sent for in custody of the ser- 
 geant. 1 Grey, 88, 95. 
 
 The privilege of a member is the privlege of the house. 
 If the member waive it without leave, it is a ground for 
 punishing him, but cannot in effect waive the privilege 
 of the house. 3 Grey, 140, 222. 
 
 For any speech or debate in either house, they shall 
 not be questioned in any other place. Const, of U. S. 
 I. 6. S. P. Protest of the commons to James I. 1621. 2 
 Rapin, No. 54, pa. 211, 212. But this is restrained to 
 things done in the house in a parliamentary course. 1 
 Rush. 663. For he is not to have privilege contra mo- 
 rem parliamentarian, to exceed the bounds and limits of 
 his place and duty. Com. P. 
 
 If an offence be committed by a member in the house, 
 of which the house has cognizance, it is an infringement 
 of their right for any person or court to take notice of it, 
 till the house has punished the offender, or referred him 
 to a due course. Lex. Parl. 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 what- 
 ever is spoken in the house is subject to the censure of 
 the house ; and offences of this kind have been severely 
 punished, by calling the person to the bar to make sub- 
 mission, committing him to the tower, expelling 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. Grey 
 133. 
 
 And even in cases of treason, felony, and breach of 
 the peace, to which privilege does not extend as to sub- 
 
92 Privilege. 
 
 stance, yet in parliament, a member is privileged as t* 
 the mode of proceeding. The case is first to be laid be- 
 fore 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 gov- 
 ment, and even of every private man, under pretences of 
 treason, &c. to take any man from his service in the 
 house, and so as many, one after another, at w-mld make 
 the house what he pleaseth. Decl. of the C m. on the 
 King's declaring Sir John ffotham a traitor. 4 Rushw. 
 586. So when a member stood indicted of felony, it was 
 adjuged that he ought to remain of the house till con- 
 viction. For it may be any man's case, who is guiltless, 
 to be accused and indicted of felony, or the like crime. 
 23 El. 15SO. D'Ewes. 283. col. 1. Lex. Parl. 133. 
 
 When it is found necessary for the public service to 
 put a member under arrest, or when, on any public en- 
 quiry, matter comes out which may lead to aftect the 
 person of a member, it is the practice immediately to 
 acquaint the house, that they may know the reasons for 
 such a pi cceeding, and take such steps as they think pro- 
 per. 2 Hats. 259. Of which see many examples. Ib. 
 256, 257, 258. But the communication is subsequent to 
 the arrest. 1 Blaclcst. 167. 
 
 It is highly expedient, says Hatsell, for the due pres- 
 ervation 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 a 
 to preclude, or even influence that freedom 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 of the other 
 branches of the legislature, until the same have been 
 communicated to them in the usual parliamentary man- 
 ner. 2 Hats, 252. 4. Inst. 15. Seld. Jud. 53. Thus 
 the king's taking notice of the bill for suppressing sol- 
 diers, depending before the house, his proposing a pro- 
 visional 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 
 
Privilege. 
 
 the debate and preparation of a Mil, were breaches of 
 privilege. 2 Nalson, 743. and in 1783, Dec. 17, it was 
 dec lured a breach of fundamental privileges, &c. to re- 
 port any opinion or pretended opinion of the king on any 
 bill, or proceeding, depending in either house of parlia- 
 ment, with a view to influence the votes of the members. 
 
 An ACT for preventing any inconvcniencies that may 
 pen by Privilege. R. Laivs, vol. 1. p. 122, 123. 
 
 Passed 20th February, 1788. 
 [J. & V. v. 2. 229. Gr. v. 2. 59. K. & R. v. 1. 133.] 
 
 I. Be it enacted by the People of the State of New- 
 ork, represented in Senate and Assembly, and it is here- 
 by enacted by the authority of the same, That from and 
 after the passing ot this act, any person or persons, shall 
 and may commence and prosecute any action or suit in 
 any court of record in this state, against any senator or 
 member of assembly for the time being, or against their 
 or any of their servants, or any other person entitled to 
 the privilege of either house of the legislature, at any 
 time from and immediately after the prorogation or ad- 
 journment of the legislature, until a new legislature shall 
 meet, or the same be re-assembled ; and from and imme- 
 diately a te/uny adjournment of both houses of the legis- 
 lature for above the space of fourteen days, until both 
 houses shall meet or re-assemble ; and that the said res- 
 pective courts of record shall and may, after such proro- 
 gation or adjournment as aforesaid, proceed to give judg- 
 ment, or to make final orders, decrees and sentences, 
 and award execution thereupon, as such court may now 
 lawfully do against other persons, liable to be arrested 
 and imprisoned ; any law, usage or custom to the contra- 
 ry thereof notwithstanding. Provided always, That no 
 member of the legislature, or his servant or servants, 
 shall be liable to arrest, on any civil process, while com- 
 ing to, or return i tig from the place were the legislature 
 shall sit, to the place of such member's residence, but 
 
 I 
 
04 Privilege. 
 
 such time of coming or returning, shall not exceed four- 
 teen days. 
 
 II. And be it further enacted by the authority aforesaid, 
 That where any plaintiff or plaintiffs shall, by reason or 
 occasion of any privilege of either house of the legisla- 
 ture, be stayed or prevented from prosecuting any suit 
 by him, her or them commenced, such plaintiff or plain- 
 tiffs shall not be barred by any statute of limitation, or 
 nonsuited, dismissed, nor his, her or their suit discontin- 
 ued for want of prosecution of the suit, by him, her or 
 them begun ; but may, after the time aforesaid, be at 
 liberty to proceed to judgment and execution thereupon, 
 as aforesaid. 
 
 III. And whereas, it is just and reasonable, that per- 
 sons employed in offices and places of public trust, should 
 at all times be accountable for any misdemeanors therein, 
 and the public justice of the state requireth a vigorous 
 prosecution of such offenders ; Therefore, Be it further 
 enacted by the authority aforesaid, That any action or suit 
 shall and may be commenced, and prosecuted in any 
 court of record in this state, against any officer or per- 
 son intrusted or employed in the revenue of this state, or 
 any part or branch thereof, or in any other office or 
 place of public trust, for any forfeiture, misdemeanor or 
 breach of trust, of, in or relating to such office or place 
 of trust, or any penalty imposed by law to enforce the 
 due execution thereof; and that no such action, suit, or 
 any other process, proceeding, judgment or execution 
 thereupon, although such officer or person shall be a 
 member of the senate or assembly, shall be impeached, 
 stayed or delayed, by or under colour or pretence of any 
 privilege of either house of the legislature. 
 
95 
 
 An ACT for the Prevention of Bribery. 
 
 R. Laws, vol. 2, p. 191. 
 
 Passed February 25, 1813. 
 
 [W. v. 4. 634. Sess. 29. c. 181.] 
 
 I. Be it enacted by the People of the State of New- 
 York, represented in Senate and Assembly, That if any 
 person shall promise, offer, or give to any member of the 
 council of revision, council of appointment, or any com- 
 missioner of the land office, or member elect of the sen- 
 ate or assembly of this state, or any member who hath 
 qualified and taken his seat in the said senate or assem- 
 bly, any money, goods, chattels, chose in action, or other 
 property, with intent to influence his vote on any ques- 
 tion brought or to be brought before the said councils, 
 board of commissioners, senate or assembly, such person 
 shall be deemed guilty of a high misdemeanor, and shall 
 on conviction thereof be fined in a sum not exceeding 
 five thousand dollars, or imprisoned in the state-prison 
 at hard labor, for a term not exceeding ten years, or 
 both, in the discretion of the court. 
 
 II. And be it further enacted, That if any such mem- 
 ber of the said councils, board of commissioners, senate 
 or assembly, shall give his vote on any question brought 
 as aforesaid, in consequence of such corrupt promise or 
 promises, offer or offers, gift or gifts, such member shall 
 be deemed guilty of a high misdemeanor, and shall, on 
 conviction thereof, be fined and imprisoned as aforesaid, 
 nnd also be for ever disqualified from holding a seat in 
 the legislature, or any office of honor, profit, or trust in 
 this state. 
 
 III. And be it further enacted, That it shall be the du- 
 ty of the attorney-general to cause all persons already 
 indicted, or who may be hereafter indicted for corrupt- 
 ing, or attempting to corrupt any such member of the 
 legislature, or of the councils or board of commissioners 
 aforesaid, to be brought to trial, and to attend in person 
 to the execution of the duties required of him by this act. 
 
9S Quorum Call of the House. 
 
 SECTION V, 
 
 QUORUM. 
 
 A majority of the members is a quorum. Const. Art. 1, 
 Sec. 3. 
 
 In general, the chair is not to be taken by the speaker, 
 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 pres- 
 ent, any member may call for the house to be counted, 
 and being found deficient, business is suspended. 
 
 Upon the appearance of a quorum the speaker shall 
 take the chair, and the members shall be called to order. 
 Rules of assembly 1. 
 
 Immediately after the speaker shall have taken the 
 chair, the minutes of the preceding day shall be read by 
 the clerk, to the end, that any mistakes therein may be 
 corrected by the house. R. of A. 2 
 
 SECTION VI. 
 
 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. Or d. 
 H. Com. 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 ne- 
 cessary. 
 
 Orders for calls on different days may subsist at the 
 same time. 2. Hats. 72. 
 
Absence Speaker. 97 
 
 SECTION VII. 
 
 ABSENCE. 
 
 No member, after having appeared and been sworn, 
 can with propriety, absent himself from the house dur- 
 ing the hours of business, without leave first asked and 
 obtained from the house ; unless he have a reasonable ex- 
 cuse therefor, as illness, or other urgent business, &c. 
 
 The speaker, under the direction of the house, may 
 send the sergeant at arms of the house, for any such 
 me-mber, absenting himself from the house during the 
 hours of business. 
 
 SECTION VIII. 
 
 SPEAKER. 
 
 He is chosen by ballot ; the clerk of the preceding 
 session superintends the proceedings in organizing the 
 new house, till the speaker is placed in the chair. The 
 speaker is conducted to the chair, immediately after 
 his election, by a committee of two members appointed 
 by the house, under a nomination by the acting clerk. 
 
 His powers and duty are various. 
 
 The Speaker shall preserve order and decorum, and shall 
 decide questions of order, subject to an appeal to the 
 house ; 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. R. of A. 3. 
 
 The speaker shall not vote in any case, unless where 
 the vote shall be by ballot ; or when the house shall be 
 equally divided ; or when his vote, added to the minority, 
 shall make an equal division ; and in case of such equal 
 division, the question shall be lost. R. of A. 4. 
 
 When the house is in committee of the whole, the 
 speaker addresses the chair on the matter, and votes as 
 any other member. 
 
 When the house adjourns, the members shall keep 
 
 their seats until the speaker leaves the chair. R. of A. 5. 
 
 10 
 A 
 
98 Speaker. 
 
 Every member, previous to his speaking, shall rise from 
 his seat, and address himself to the speaker. R. of A. 6. 
 
 When two or more members rise at once, the speaker 
 shall name the member who is first to speak. R. of A. 7. 
 
 No motion shall be debated or put, unless the same be 
 seconded. When a motion is seconded, it shall be stated 
 by the speaker before debate $ and every such motion 
 shall be reduced to writing, if the speaker, or any mem- 
 ber desire it. R. of A. 9. 
 
 Then and then only is it in possession of the house. 
 R. of A. 10. 
 
 In forming a committee of the whole house, the speaker 
 shall leave the chair, and a chairman shall be appointed 
 to preside. R* of .4.25. 
 
 The house never resolves itself into a committee of the 
 whole, on more than three bilJs or subjects at once ; when 
 so resolved into a committe of the whole, the speaker 
 says, " Mr. will please take the chair" the 
 
 chairman thus appointed, comes to the chair, the speaker 
 rises, delivers him the bills, &c. and informs him the 
 house have thus resolved itself into commitee of the 
 whole, &c. he does not resume the chair, until the com- 
 mittee of the whole have resolved to rise, and report up- 
 on all the three different subjects. Then the speaker takes 
 his seat, and the chairman reports the proceedings in com- 
 mittee of the whole, and the speaker repeats the same re- 
 port to the house, where the same are, or are not agreed to. 
 
 JVhcn a bill passes the house, the speaker shall certify 
 the same, with the date thereof, at the foot of the bill. 
 R.ofA. 29. 
 
 In the absence of a quorum* the speaker may adjourn 
 the house until the next sitting day ; or if in committee 
 of the whole, the committee may rise and report pro- 
 gress. R. of A. 33, 
 
 On the meeting of the house, after the reading of the 
 journal, the presentation of petitions shall be first in or- 
 der, and it shall be the duty of the speaker to call for the 
 same. .R, of A. 40. 
 
 The speaker may assign places for stenographers. 
 
 He nominates all the standing committees and all se- 
 lect committees of the house, and takes the sense of the 
 house on such nominations. 
 
Speaker. 99 
 
 All committees shall be appointed by the speaker, un- 
 less 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 ma- 
 jority of the votes given, the house shall proceed to 
 a second ballot, in which a plurality of votes shall pre- 
 vail ; 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 proceed to a further 
 ballot or ballots. R. of A. 52. 
 
 Under the direction of the house, he may send the ser- 
 geant at arms after members that have qualified, and 
 absent themselves without leave. 
 
 The speaker signs his name to all addresses of the 
 honorable the assembly, to his excellency the governor, 
 and reads through and delivers the same to him, accom- 
 panied by, and in presence of the members of the assem- 
 bly. 
 
 Under the colonial government, on the 9th April 1691, 
 under governor Sloughter, is the most distant period at 
 which there seems to have been a choice of speaker by 
 the house. About the same time a majority was resolved 
 competent to do business ; and on the 22d October, 1694, 
 the speaker was ordered to give pay certificates to mem- 
 'bers these three last regulations have been in constant 
 use ever since their first occurrence. 
 
 When the speaker has been ill, other speakers, pro 
 tempore, have been appointed. 
 
 Instances of this, are, 1 //. 4. Sir John Cheyney, and 
 so Sir William Sturton ; and in 15 //. 6. Sir John Tyr- 
 rel, 1656. January 27, 1658, March 9. 1659, January 13, 
 
 Sir Job Charlton, ill, 
 
 Seymour chosen, 1673, Feb. 18. 
 
 Seymour being ill, 
 
 Sir Robert Sawyer chosen, 
 
 1678, April 15. 
 Sawyer being ill, 
 
 Not merely 
 pro tern. 
 1 Chand. 169. 
 276. 277. 
 
 Seymour chosen. 
 
 Thorpe in Execution, a new speaker chosen, 3 H. 6. 
 3. Grey 11. and March 14, 1694, Sir John Trevor chosen. 
 There have been no later instances. 2 Hats. 161, 4 mst. 
 8 L, Parl 263, 
 
100 Address. 
 
 A Speaker may be removed at the will of the house, 
 and a speaker pro tempore appointed. 2 Grev 186. 5 
 Grey 134. 
 
 So in the assembly, on the 12th Feb, 1810, Mr. Ross 
 was chosen speaker, Mr. Sanford, the speaker first 
 chosen, " being indisposed and unable to attend to the 
 duties of the office." The speaker in the first instance, 
 is not chosen conditionally, not pro tern. 
 
 SECTION IX. 
 
 ADDRESS. 
 
 The governor shall be general and commander in 
 chief of all the militia, and admiral of the navy of the 
 state. He shall have power to convene the legislature 
 (or the senate only) on extraordinary occasions. He 
 shall communicate by message to the legislature at every 
 session, the condition of the state ; and recommend such 
 matters to them as he shall judge expedient. He shall 
 transact all necessary business with the officers of gov- 
 ernment, civil and military. He shall expedite all such 
 measures as may be resolved upon by the legislature, 
 and shall take care that the laws are faithfully executed. 
 He shall, at stated times receive for his services a com- 
 pensation which shall neither be increased nor diminished 
 during the term for which he shall have been elected. 
 Const. Art. 3, Sec. 4. 
 
 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. Grey 473. 1 Chandler 298, 301. 
 or by such particular members as are of the privy coun- 
 cil. 2. Hats. 278. 
 
 In the Assembly, the address to the Governor, is 
 brought in by the chairman of a committee of three mem- 
 bers, appointed for that purpose by the house, being first 
 nominated by the speaker. The same is then printed, 
 and passed by the house in committee of the whole, en- 
 
Address Presentation of Petitions. 101 
 
 grossed, read again, passed, signed by the speaker a 
 committee of two members is then appointed, to wait on 
 the governor, and know at what time and place it will 
 be agreeable to him to receive the house with their address 
 in answer to his speech. This committee give him a 
 copy of the address. He appoints a time and place, and 
 in pursuance thereof, the speaker leaves the chair, pre- 
 ceded by the sergeant at arms, and accompanied by the 
 clerk and the members of the house, proceed at tbe hour 
 to meet the governor at the place appointed ; there the 
 speaker reads through the address to the governor, in 
 presence of the house, and delivers him the same. 
 
 The house having received his reply, then return, and 
 the speaker makes report, that the house have waited on 
 the governor in pursuance of his appointment, and de- 
 livered the said address, and received the reply, which 
 he then hands to the clerk ; it is read, and the usual bu- 
 siness of the house is then resumed. 
 
 SECTION. X. 
 
 PRESENTATION OF PETITIONS. 
 
 That it is the right of the citizens of this state to pe- 
 tition the person administering the government of this 
 state for the time being, or either house of the legislature ; 
 and all commitments and prosecutions for such petitioning 
 are illegal. 
 
 On the meeting of the house, after the reading of the 
 journal, the presentation of petitions shall be first in or- 
 der, and it shall be the duty of the speaker to call for the 
 same. R. of A. 40. 
 
 Petitions, memorials, and other papers addressed to 
 the house, shall be presented by the speaker, or by a 
 member in his place. R. of A. 17. 
 
 The member having the petition or memorial, rises 
 from his seat, announces the object of the petition, walks 
 up to the speaker's desk, and presents the petition, <fcc. 
 to the speaker. The name of the member presenting the- 
 petition ought to be endorsed thereon by the member pre- 
 senting it. 
 
102 Committees. 
 
 These petitions, &c. are announced to the house by the 
 speaker, then by him handed to the clerk ; by the clerk 
 they are read through, unless the house, on motion, dis- 
 pense with the reading thereof, and then either order- 
 ed to lie on the table, or referred to a select committee. 
 
 Provided they are referred to a select committee, the 
 following is the rule to be observed by the committee, viz: 
 
 Select committees, to whom reference shall be made, 
 shall in all cases report a state of facts, and also their 
 opinions thereon, to the house. R. of A. 36. 
 
 In obedience to this rule, it becomes the duty of the 
 committee, as soon as thai business will permit, to meet 
 together, examine the matters and make their report, 
 containing a state of the facts, and their opinion thereon. 
 When this committee is ready to report, the chairman 
 thereof, when no one occupies the floor, or whenever the 
 house permits, rises in his place,; and there reads the report 
 agreed upon, and then delivers the same to the speaker to- 
 gether with all papers submitted to them. The speaker an- 
 nounces the report, and the same is then read through 
 by the clerk, and the opinion of the house taken thereon, 
 unless postponed. If agreed to, leave is given to bring in 
 a bill, provided that is the request made in the report : 
 and such other proceedings thereon had as the house 
 shall think fit and proper. (See bills, first and second 
 reading &c. hereafter.) 
 
 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 gener- 
 ally 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, Scab. 9. 1 Grey 122. 
 
 At these committees the members are to speak stand.- 
 
Committee of the Whole. 103 
 
 ing, and not sitting : though there is reason to conjec- 
 ture it was formerly otherwise. I)' 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. Parl. 
 3. vol. 2. 74. 3 Grey, 401 Scob. 39. Nor can they re- 
 ceive a petition but through the house. 9 Grey 412. 
 
 When a committee is charged with an enquiry, if a 
 member prove to be involved, they cannot proceed against 
 him, but must make a special report to the house, where- 
 upon the member is heard in his place, or at the bar, or 
 a special authority is given to the committee to enquire 
 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 Mais. 
 819. 
 
 It appears that on joint committees of the Lords and 
 Commons, each committee acted integrally in the follow- 
 ing instances. 7 GreyZGl, 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. 
 
 Every message from the honorable the senate, com- 
 municating any bill for the concurrence of this house, 
 shall, after the second reading of the said bill, be refer- 
 red to a select committee, with the accompanying docu- 
 ments, if any, to consider and report thereon. R. of A. 38. 
 
 SECTION XII. 
 
 COMMITTEE OF THE WHOLE. 
 
 The speech, messages and other matters of great con- 
 cernment, 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 debat- 
 ed 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 
 
104 Committee of the Whole. 
 
 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. 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 generally acquiesce in the chairman 
 named by the speaker ; but, as well as all other commit- 
 tees, have a right to elect one, some member, by consent, 
 putting the question. Scob. 36. 3 Grey 301. The form 
 of going from the house into committee, is, for the speak- 
 er, on motion, to put the question that the house do now 
 resolve itself into a committee of the whole, to take un- 
 der consideration such a matter, naming it. If deter- 
 mined 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. 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 the 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 with- 
 out an order, to bring the house into order." Some ex- 
 cepted 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 en- 
 gage 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, with- 
 out returning into committee. 3 Grey 130. 
 
Commit fee of the Whole. 1 05 
 
 No previous question can be put in a committee ; nor 
 can this committee adjourn ns others may; but if their 
 business is unfinished, they rife, on a question, the I 
 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 havinjr leave, and on the time 
 v, hen the house will again resolve itself into a committee. 
 Scab. 38. But if they have gone through the matter re- 
 ferred 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 proceeding are to be the 
 same as in the house. Scob. 39. 
 
 In forming a committee of the whole house, the speak- 
 er shall leave the chair, and a chairman shall be appoint- 
 ed to preside. R. of A. 25. 
 
 The rules of the house shall be observed in a commit- 
 tee of the whole house, except the rules respecting divis- 
 ions, and limiting the time of speaking. R. of A. 35. 
 
 No motion shall be debated or put, unless the same 
 be seconded. When a motion is seconded, it shall be 
 stated by the speaker, before debate ; and every such 
 motion shall be reduced to writing, if the speaker, or any 
 member, desire it. R. of A. 9. 
 
 A motion that the chairman leave the chair, shall al- 
 wavs be in order, and shall take place of anv other mo- 
 tion. R. of A. 32. 
 
 No motion for reconsideration, shall be in order, unless 
 on the same day, or day following that on which the de- 
 cision proposed to be reconsidereo! took place, nor unless 
 
 K 
 
106 Examination of Witnesses. 
 
 one of the majority shall move such reconsideration. A 
 motion for reconsideration being put, and lo&t, shall 
 not be renewed ; nor shall any subject be a second time 
 reconsidered, without unanimous consent. R. of A. 34. 
 
 On a motion in committee of the whole house, to rise 
 and report, the question shall be decided without debate. 
 R. of A. 53. 
 
 SECTION XIII. 
 
 EXAMINATION OF WITNESSES. 
 
 Common fame is a good ground for the house to pro- 
 ceed by enquiry, and even to accusation. Resolution 
 House Commons 1. Cbr. 1. 1625. IZtdt. L. Parl 115. 
 1 Grty 16....22. 92. 8 Grey 21, 23, 27, 45. 
 
 As the heads of impeachment were severally read against 
 the Lord Clarendon in 1667, some member in his place, 
 stated to the house, that several persons had undertaken 
 to make that head good." Or, " that the member had 
 heard this from a certain great lord." Or, " that this 
 was too public to stand in need of proof." Or, in one 
 instance, " that the member did not doubt that it will be 
 made out." St. Tr. 558. 4 Hats. 137. 
 
 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. 
 The process is a summons from the house. 4 Hats. 255, 
 258. 
 
 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 chair- 
 man, who repeats the question to the person, or says to 
 him, " you hear the question, answer it." But if the pro- 
 priety 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 pre- 
 viously settled in writing before the witness enters. Ib. 
 106, 107, 8 Grey 64. The questions asked must be en- 
 tered in the journals. 3 Grey 81. But the testimony giv- 
 
Arrangement of Business. 107 
 
 en 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 per- 
 son in custody of the other, they ask the other their 
 leave that he may be brought up to them in custody. 3 
 Hat*. 52. 
 
 A member, in his place, gives information to the house 
 of what he knows of any matter under hearing at the bar. 
 Jour. If. of C. January 2*2, 1744....5. 
 
 Either house may request, but not command the atten- 
 dance 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 sub- 
 ject 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 mes- 
 sage into consideration. But when the peers are sitting 
 as a court of criminal judicature, they may order atten- 
 dance ; unless where it be a case of impeachment by the 
 Commons. There it 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. 10 Grey 61. 
 
 SECTION XIV. 
 
 ARRANGEMENT OF BUSINESS. 
 
 The Speaker shall cause the clerk of the house to 
 make a list of all bills, resolutions, reports of committees, 
 and other proceedings in the house, which are commit- 
 ted to a committee of the whole house, and which are not 
 made the order of the day, for any particular day, which 
 list shall be called " the general orders of the day." R. 
 0/4.39. 
 
 On the meeting of the house, after the reading of the 
 journal, the presentation of petitions shall be first in. 
 order ; and it shall be the duty of the speaker to call for 
 the same. R. of A. 40. 
 
108 Arrangement of Business. 
 
 When the house have proceeded to the " general orders 
 of the day," no other business shall be in order, until the 
 house have disposed of the same by lay ing them upon the 
 table, or by postponing them until the next day. R. of 
 A. 41. 
 
 A settled order of business is necessary for the govern- 
 ment of the presiding person, and to restrain individual 
 members from calling up favourite measures, or matters 
 under their special patronage, out of their just turn. It 
 is useful also, for directing the discretion of the house, 
 when they are moved to take up a particular matter, to 
 the prejudice of others having priority of right to their 
 attention in the general order of business. 
 
 1. After the reading and reference of petitions, how- 
 ever, bills for a second reading are read, that they may 
 be re-committed to a committee of the whole house, and 
 so put under way. 
 
 Reports of committees are next in order. These 
 should all be delivered in, that the business may take its 
 proper place upon the general orders of the day. 
 
 2. Bills ready for it, are read the third time, and the 
 question taken thereon, which is either to lie on the table, 
 postponed to a day certain, to reject, to re-commit, or 
 that the same do pass. If the latter, the speaker puts 
 the question, " Shall this bill/ pass? Gentlemen, as many 
 as agree that this bill do pass, will say aye those op- 
 posed say no." The speaker then pronounces the vote, 
 " 'tis carried," or " 'tis lost," as the case may be. 
 
 3. Bills and other matters before the house, and unfin- 
 ished on the preceding day, whether taken up in turn or 
 on special order, are entitled to be resumed and passed 
 on through their present stage. 
 
 4. These matters being dispatched, the general orders 
 of the day is again taken up, and each article of it is 
 brought on according to its priority of entry thereon. 
 And although many bills were passed over the day pre- 
 ceding, the general order, except as to the unfinished bu- 
 siness, is to be taken up from the beginning of the list of 
 bills undisposed of by the house. 
 
 In this way time is not wasted in debating what shall 
 be taken up ; one thing is done at a time : thus the house 
 follows up a subject while it is fresh, and till it is done 
 
Order Order Respecting Papers. 10*J 
 
 with; clears the house of business grad atim, and pre- 
 vents, to a certain degree, its immense accumulation to- 
 wards the close of the session. 
 
 Orders of the day may be called for, even when an- 
 other question is before the house. 
 
 The order of the day shall have the preference to any 
 motion before the house. R. of A. 31. 
 
 SECTION XV. 
 
 ORDER. 
 
 In Parliament, " instances make order" per speaker 
 Onslow, 2 Hats. 141. but what is done only by one Parlia- 
 ment, cannot be called custom of Parliament, by Prynne. 
 1 Grey 52. 
 
 SECTION XVI. 
 
 ORDER RESPECTING PAPERS. 
 
 The clerk is to let no journals, records, accounts, or 
 papers be taken from the table, or out of his custody. 2 
 Hats. 193, 194. 
 
 Mr. Prynne having at a committee of the whole amend- 
 ed a mistake in a bill without order or knowledge of the 
 committee, w r as reprimanded. 1 Chand. 77. 
 
 A bill being missing, the house resolved that a protes- 
 tation should be made and subscribed by the members 
 "before Almighty God and this honourable house, that 
 neither myself nor any other to my knowledge, have ta- 
 ken away, or do at this present conceal a bill entitled, 
 &c. 5 Grey 202. 
 
 After a bill is engrossed, it is put into the speaker's 
 hands, and he is not to let any one have it to look into. 
 Town, col 209. 
 
110 Order in Debate. 
 
 SECTION XVII. 
 
 ORDER IN DEBATE. 
 
 When the speaker is seated in his chair, every mem- 
 ber is to sit in his place. Scab. 6. 3 Grey 403. 
 
 When any member means to speak, he is to stand up 
 in his place, uncovered, and to address himself, not to 
 the house, or any particular member, but to the speaker, 
 who calls him by his name, that the house may take no- 
 tice who it is that speaks. Scob. 6. D'Ewes, 487. Col. 1. 
 2 Hats. 77. 4 Grey 66. 8 Grey 108. But members who 
 are indisposed may be indulged to speak sitting. 2 Hats. 
 75, 77. 1 Grey 195. 
 
 Every member, previous to his speaking, shall rise from 
 his seat, and address himself to the speaker. R. of A. 6. 
 
 When a question is under debate, no motion shall be 
 received, unless to amend it ; to lay it on the table ; to 
 commit it ; to postpone it to a day certain ; for the pre- 
 vious question; or to adjourn. R. of A. 11. 
 
 The previous question, until it is decided, shall pre- 
 clude all amendment and debate of the main question, 
 and shall be decided in this form shall the main question 
 be now put 1 R. of A. 13. 
 
 No member shall speak more than once, without leave, 
 upon a previous question. R. of A. 14. 
 
 A motion for commitment, until it is decided, shall pre- 
 clude all amendment of the main question. R. of A. 15. 
 
 When a member stands up to speak, no question is to 
 be put, but he is to be heard, unless the house overrule 
 him. 4 Grey 390. 5 Grey 6, 143. 
 
 If two or more rise to speak nearly together, the speak- 
 er determines who was first up, arid calls him by name, 
 whereupon he proceeds, unless he voluntarily sits down 
 and gives way to the other. But sometimes the house 
 does not acquiesce in the speaker's decision, in which 
 case the question is put "which member was first up 1" 
 2 Hats. 76 Scnb. 7. DJEwes 434. col. 1. 2. 
 
 In the assembly of New-York, when two or more mem- 
 bers rise at once, the speaker shall name the member who 
 is first to speak. R. of A. 7. 
 
Order in Debut r. Ill 
 
 No man may speak more than owe to the same bill on 
 the same day; or even on another day if the debate be 
 adjourned. But if it be read more than once in the same 
 day, he may speak once at every reading. Co. 12, 116. 
 JIdkcw. 148. Scob. 58. 2 Hats. 75. Even a change of 
 opinion does not give a right to be heard a second time. 
 Smyth Com tv. L. 2. c. 3. Arcan. Parl. 17. 
 
 The corresponding rule of assembly, is in these words : 
 No member shall speak more than twice to the same ques- 
 tion, without leave of the house ; nor more than once, un- 
 til every member choosing to speak shall have spoken. 
 R. of A. 8. 
 
 But he may be permitted to speak asrain to clear a 
 matter of fact. 3 Grey 357, 41C. Or merely to explain 
 himself, 2 Hats. 73. in some material part of his speech, 
 ib. 75. or to the manner or words of the question, keep- 
 ing himself to that only and not travelling into the merits 
 of it ; Memorials in Hakew. 29. or to the orders of the 
 house if they be transgressed, keeping within that line, 
 and not falling into the matter itself. Mem. in Hakew. 
 30, 31. 
 
 But if the speaker rises to speak, the member standing 
 up ought to sit down, that he may be first heard. Town, 
 col. 205. Hale Parl. 133. Mem. in Hakew. 30, 31. Nev- 
 ertheless, though the speaker may of right speak to mat- 
 ters of order and be first heard, ne is restrained from 
 speaking on any other subject, except where the house 
 have occasion for facts within his knowledge ; then he 
 may, with their leare, state the matter of fact. 3 Grey 38. 
 
 No one is to speak impertinently or beside the ques- 
 tion, superfluously or tediously. Scoo. 31 33. 2 Hats. 
 166, 168. Hale Parl. 133. 
 
 No person is to use indecent language against the pro- 
 ceedingsof the house, no prior determination of which is 
 to be reflected on by any member, unless he means to 
 conclude with a motion to rescind it. 2 Hats. 169, 170. 
 Rushw. P. 3. v. 1. fol. 42. But while a proposition is 
 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 his seat in 
 
112 Order in Delate. 
 
 the house, or who spoke last, or on the other side of the 
 question, &c. Mem. in Hakeic. 3 Smyth 1 s Comw. L. 2. 
 c. 3. nor to digress from the matter to fall upon the per- 
 son, Scob. 31. Hale Parl 133. 2 Hats. 166. by speak- 
 ing, reviling, nipping, or unmannerly words against a 
 particular member. Smyth's Comw. L. 2 c. 3. The con- 
 sequences of a measure may be reprobated in strong 
 terms; but to arraign the motives of those who propose 
 or advocate it, is a personality, and against order. Qui 
 digreditur a materia ad personam, Mr. Speaker ought to 
 suppress. Ord. Com. 1604. Apr. 19. 
 
 While the speaker is putting a question, no member 
 shall walk out of, or across the house, nor when a mem- 
 ber is speaking, shall any member entertain any private 
 discourse, or pass between him and the chair. R. of 
 A. 19. 
 
 No one is to disturb another in his speech by hissing, 
 coughing, spitting, 6 Grey 332. Scob. 8. D'Ewes 332. col. 
 1. 640. col. 2. speaking or whispering to another; Scob. 
 6. D'Ewes 487. col. 1. nor to stand up or interrupt him ; 
 Town. col. 205, Mem. in Hakew. 31. 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 that 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 pleas- 
 ure of the house, and sit down : for it scarcely ever hap- 
 pens that they are guilty of this piece of ill manners with- 
 out 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 persisting 
 in irregularity, whereupon the house may require the 
 member to withdraw. He is then to be heard in excul- 
 pation, 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. Mise. 
 
Order in Debate, 113 
 
 S\. :5 Gmj 128. 4 Grey 328. 5 Grey 382. 6 Grey 254, 
 10 Grry S. Whenever warm words, or an assault, have 
 passed between members, the house, for the protection of 
 their members, requires them to declare in their places 
 not to prosecute any quarrel ; 3 Grey 128, 293. 5 Grey 
 289. or orders them to attend the speaker, who is to ac- 
 commodate their differences and report to the house ; 3 
 Grey 419. and they are put under restraint if they re- 
 fuse, or until they do. 9 Grey 234, 312. 
 
 Disorderly words are not to be noticed till the member 
 has finished his speech. 5 Grey 356. 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 may direct the clerk to take them down 
 in his minutes. But if he thinks them not disorderly, he 
 delays the direction. If the call becomes pretty general, 
 he orders the clerk to take them down, as stated by the 
 objecting member. They are then part of his minutes, 
 and when read to the offending member, he may deny 
 they were his words, and the house must then decide by 
 a question whether they are his words or not. Then 
 the member may justify them, or explain the sense in 
 which he used them, or apologize. If the house is satis- 
 fied, no farther proceeding is necessary. But if two 
 members still insist to take the sense of the house, the 
 member must withdraw, before that question is stated, 
 and then the sense of the house is to be taken. 2 Hats. 
 199. 4 Grey 170. 6 Grey 59. When any member has 
 spoken, or other business intervened after offensive words 
 spoken, they cannot be taken notice of for censure. And 
 this is for the common security of all, and to prevent 
 mistakes which must happen if words are not taken down 
 immediately. Formerly they might be taken down any 
 time the same day. 2 Hats. 196. Mem. in Hakew. 71. 
 3 Grey 48. 9 Grey 514. 
 
 Disorderly words spoken in a committee must be writ- 
 ten down as in the house ; but the committee can only 
 report them to the house for animadversion. 6 Grey 46. 
 
 In parliament, to speak irreverently or seditiously 
 against the king is against order. Smyth's Comic. L. 2, 
 c. 3. 2 Hats. 170, 
 
114 Order in Debate. 
 
 It is a breach of order in debate to notice what has 
 been said on the same subject in the other house, or the 
 particular votes or majorities on it there ; because the 
 opinion of each house should be left to its own indepen- 
 dency, not to be influenced by the proceedings of the 
 other ; and the quoting them might beget reflections 
 leading to a misunderstanding between the two houses. 
 8 Grey 22. 
 
 Neither house can exercise any authority over a mem- 
 ber or officer of the other, but should complain to the 
 house of which he is, and leave the punishment to them. 
 Where the complaint is of words disrespectfully spoken 
 by a member of another house, it is difficult to obtain 
 punishment, because of the rules supposed necessary to 
 be observed (as to the immediate noting down of words) 
 for the security of members. Therefore it is the duty of 
 the house, and more particularly of the speaker, to in- 
 terfere immediately and not to permit expressions to go 
 unnoticed which may give a ground of complaint to the 
 other house, and introduce proceedings and mutual accu- 
 sations between the two houses, which can hardly be ter- 
 minated without difficulty and disorder. 3 Hats. 51. 
 f No member may be present when a bill or any business 
 V concerning himself is debating ; nor is any member to 
 speak to the merits of it till he withdraws. 2 Hats. 219. 
 The rule is, that if a charge against a member arise out 
 of a report of a committee, or examination of witnesses 
 in the house, as the member knows from that to what 
 points he is to direct his exculpation, he may be heard 
 to those points, before any question is moved or stated 
 against him. He is then to be heard, and withdraw be- 
 fore any question is moved. But if the question itself is 
 the charge, as for breach of order, or matter arising in 
 the debate, there the charge must be stated, that is, the 
 question must be moved, himself heard, and then to with- 
 draw. ZHats. 121, 122. 
 
 Where the private interests of a member are concerned 
 in a bill or question, he is to withdraw. And where such 
 an interest has appeared, his voice has been disallowed, 
 even after a division. In a case so contrary not only to 
 the laws of decency, but to the fundamental principle of 
 the social compact, which denies to any man to be a 
 
Orders of the House. 115 
 
 in his own cause, it is for the honor of the house 
 this rule, of immemorial observance, should be strict- 
 ly adhered to. 2 Hats. 119, 121. 6 Grey 368. 
 
 No member is to come into the house with his head 
 'i, nor to remove from one place to another with 
 , ' <>n, nor is to put on his hat in coming in, or remov- 
 ing, until he be set down in his place. Scab. 6. 
 
 A question of order may be adjourned to give time to 
 look into precedents. 2 Hats. 118. 
 
 In the assembly of New-York, every question of order 
 is to be decided by the Speaker. 
 
 A member called to order, shall immediately sit down, 
 unless permitted to explain ; and the house, if appealed 
 to, shall decide on the case, but without debate ; if there 
 be no appeal, the decision of the chair shall be submitted 
 to. R. of A. 20. 
 
 In parliament, all decisions of the speaker maybe con- 
 trouled by the house. 3 Grey 319. 
 
 SECTION XVIII. 
 
 ORDERS OF THE HOUSE. 
 
 Of right, the door of the house ought not to be shut, 
 but to be kept by porters, or sergeants at arms, assigned 
 for that purpose. Mod. Ten. Parl. 23. 
 
 Each house shall keep a journal of its proceedings, 
 and publish the same, except such parts as may require 
 secrecy. The doors of each house shall be kept open, 
 except when the public welfare shall require secrecy. 
 Neither house shall, without the consent of the other, 
 adjourn for more than two days. Const. Art. 1, Sec. 4. 
 
 Every order, resolution, and vote, to which the con- 
 currence of the senate shall be necessary, shall be read 
 to the house, and laid upon the table, on a day preceding 
 that in which the same be moved, unless the house shall 
 otherwise allow. R. of A. 16. 
 
 The order of the day shall have the preference to any 
 motion before the house. R. of A. 31. 
 
 By the rules of the senate of the United States, on 
 motion made and seconded, to shut the doors of the se- 
 
116 Orders of the Home. 
 
 nate on the discussion of any business which may in the 
 opinion of a member require secrecy, the president shall 
 direct the gallery to be cleared, and during the discussion 
 of such motion, the doors shall remain shut. Rule 28. 
 
 No motion shall be deemed in order, to admit any per- 
 son or persons whatever, within the doors of the senate 
 chamber, to present any petition, memorial, or address, 
 or to hear any such read. Rule 29. 
 
 The only case where a member has a right to insist on 
 any thing 1 is, wiK're he calls for the execution of a sub- 
 sisting ol'der of the house. Here, there having been 
 already a resolution, any member has a right to insist 
 that the speaker, or any other whose duty it is, shall car- 
 ry it into execution; and no debate or delay can be had 
 on it. Thus anv member has a right to have the house 
 or gallery cleared of strangers, an order existing for that 
 purpose; or to have the house told when there is not a 
 quorum present. 2 Hats. 87, 129. How far an order 
 of the house is binding, see Hakcw. 392. 
 
 But where an order is made that any particular mat- 
 ter be taken up on a particular day, there a question is 
 to be put when it is called for, whether the house will 
 now proceed to that matter ? Where orders of the day 
 are on important or interesting matter, they ought not 
 to be proceeded on till an hour at which the house is 
 usually full, (which in senate is at noon.) 
 
 Orders of the day may be discharged at anytime, and 
 a new one made for a different day. 3 Grey 48, 313. 
 
 When a session is drawing to a close, and the impor- 
 tant bills are all brought in, the house, in order to prevent 
 interruption by further unimportant bills, sometimes come 
 to a resolution that no new bill be brought in, except it be 
 sent from the other house. 3 Grey 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. Rayrn. 
 120. Jacob's L. D. l)\j Ruff-head. Parliament, 1 Lev. 105. 
 Prichard's rase. 
 
 Where the constitution authorises each house to de- 
 termine the rules of its proceedings, it must menn in 
 those cases legislative, executive, or judiciary, submitted 
 to them by the constitution, or in something relating to 
 
Petition Motions. 117 
 
 these, and necessary towards their execution. But or- 
 ders and resolutions are sometimes entered in the jour- 
 nals, having no relation to these, such as acceptances of 
 invitations to attend orations, to take part in processions, 
 &.c. These must be understood to be merely conven- 
 tional among those who are willing to participate in the 
 ceremony, and are therefore, perhaps, improperly placed 
 among the records of the house. 
 
 SECTION XIX. 
 
 PETITIONS. 
 
 A petition prays something. A remonstrance has no 
 prayer. 1 Grey 58. 
 
 Petitions must be subscribed by the petitioners, Scab. 
 87 L. Parl. c. 22. 9 Grey 362. unless they are attending, 
 1 Grey 401, or unable to sign, and averred by a member. 
 3 Grey 418. But a petition not subscribed, 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 question (March 14, 1800) receiv- 
 ed by the United States senate. The averment of a 
 member, or of somebody without doors, that they know 
 the hand writing of the petitioners, is necessary if it be 
 questioned. 6 Grey 36. It must be presented by a 
 member, not by the petitioners, and must be opened by 
 him, holding it in his hand. 10 Grey 57. 
 
 Petitions, memorials, and other papers, addressed to 
 thehouse, shall be presented by the speaker, or by a 
 member in his place. It. of A. 17. 
 
 On the meeting of the house, after the reading of the 
 journal, the presentation of petitions shall be first in 
 order ; and it shall be the duty of the speaker to call for 
 the same, R. of A. 40. 
 
 No private bill shall be brought into the house, but upon 
 a petition signed by the parties who are suitors therefor, 
 first presented. R. of A. 45. 
 
 Every member, previous to presenting a petition, shall 
 endorse his name on the back of the same. R. of A. 51. 
 
 Regularly a motion for receiving it mast be made and 
 L 
 
118 Motions. 
 
 seconded, and a question put whether it shall be receiv- 
 ed ? But a cry from the house of " received," or even its- 
 silence, dispenses with the formality of this question. It 
 is then to be read at the table and disposed of. 
 
 SECTION 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 of the United States 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 the house. It 
 is to be put into writing, if the house or speaker require 
 it, and must be read to the house by the speaker as often 
 as any member desires it for his information. 2 Hats. 82. 
 
 No motion shall be debated or put, unless the same be 
 seconded : when a motion is seconded, it must be stated 
 by the speaker before debate ; and every such motion 
 shall be reduced to writing, if the speaker or any member 
 desire it. JR. of A. 9. 
 
 After a motion is stated by the speaker, it shall be 
 deemed to be in possession of the house ; but may be 
 withdrawn at any time before decision or amendment. 
 R.ofA. 10. 
 
 A motion to adjourn shall be always in order, and 
 shall be decided without debate. R. of A. 12. 
 
 A motion for commitment, until it is decided, shall 
 preclude all amendment of the main question. R. of 
 A. 15. 
 
 A motion that the chairman leave the chair, shall al- 
 ways be in order, and shall take place of any other mo- 
 tion. R. of A. 32. 
 
 The order of the day shall have the preference to any 
 ^notion before the house. R. of A. 31. 
 
 No motion for reconsideration shall be in order, unless 
 on the same day, or day following that on which the de- 
 cision proposed to be reconsidered took place, nor unless 
 oao of the majority shall move such reconsideration. A 
 
Resolutions* 1 19 
 
 Tnotion for reconsideration being put, and lost, shall not 
 be renewed ; nor shall any subject be a second time re- 
 considered, without unanimous consent. 72. of A. 34. 
 
 On a motion in committee of the whole house, to rise 
 and report, the question shall be decided without de- 
 bate. R. of A. 53. 
 
 A motion to reconsider the vote upon the final pas- 
 sage of any bill, requiring the assent of two-thirds of 
 all the members elected to this house, shall be made by 
 a member who voted against the bill ; and two-thirds cf 
 the members present shall be required to reconsider the 
 same. R. of A. 54. 
 
 It might be asked whether a motion for adjournment \ 
 or for the orders of the day, can be made by one mem- / 
 ber, while another is speaking ? It cannot. When two/ 
 members offer to speak, he who rose first is to be heard, 
 and it is a breach of order in another to interrupt him, 
 unless by calling him to order, if he departs from it. 
 And the question of order being decided, he is still to be 
 heard through. A call for adjournment, or for the order 
 of the day, or for the question, by gentlemen from their 
 seats, is not a motion. No motion can be made without 
 rising and addressing the chair. Such calls are them- 
 selves breaches of order, which though the member who 
 has risen may respect, as an expression of the impatience 
 of the house against further debate, yet, if he chooses, 
 he has a right to go on. 
 
 SECTION 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. 
 
 All resolutions offered must be proposed and read 
 through at the place of the member moving the same, 
 then handed to the speaker, by him announced, and then 
 read through by the clerk. 
 
 In practice, there are three kinds of resolutions. 
 
 JL. Resolutions of the house not concurrent. 
 
120 Sills, leave to bring iu. 
 
 2. Resolutions of the house concurrent. 
 
 3. Resolutions from senate concurrent. 
 
 The first of these may be considered whenever the 
 Jhouse shall direct. 
 
 The second is governed by the following rule : 
 
 Every order, resolution and vote, to which the concur- 
 rence of the senate shall be necessary, shall be read to 
 the house, and laid upon the table, on a day preceding 
 that in which the same be moved, unless the house shall 
 otherwise allow. R. of A. 16. 
 
 It has been usual under this rule, to decide that such 
 14 allowance" must be unanimous, unless the rule be dis- 
 pensed with. 
 
 Resolutions concurrent, from the senate, it has been 
 supposed, do not come within this rule ; but that they 
 may be acted upon as soon as received. This, however, 
 is incorrect. 
 
 SECTION XXII. 
 
 BILLS, LEAVE TO BRING IN. 
 
 Every bill shall be introduced by motion for leave, or 
 by an order of the house on the report of a committee, 
 and one day's notice at least shall be given of a motion 
 to bring in a bill, unless the house unanimously allow the 
 same to be brought in without such previous notice. H. 
 of A.M. 
 
 When a member desires to bring in a bill on any sub- 
 ject, he states to the house in general terms the causes 
 for doing it, and concludes by moving for leave to bring 
 in a bill entitled, &c. Leave being given, on the ques- 
 tion, a committee is appointed to prepare and bring in 
 the bill. The mover and seconder are always appointed 
 of this committee, and one or more in addition. Hakew* 
 132. Scob.40. 
 
 It is to be presented fairly written, without any erasure 
 or interlineation, or the speaker may refuse it. Scob. 
 41. !GVey32, 84. 
 
 The printed copies of bills which are brought into this 
 house, by any member or committee, and ordered to be 
 
Bills, Jirst reading Bills, second reading. 121 
 
 printed, shall contain the name of the member or com- 
 mittee bringing in or reporting such bill. JR. of A. 22. 
 
 SECTION XXII. 
 
 BILLS, FIRST READING. 
 
 When a bill is first presented, the clerk reads it at the 
 table, and hands it to the speaker, who rising states to 
 the house the title of the bill, that this is the first time of 
 reading it, and the question will be whether it shall be 
 read a second time ? Then sitting down to give an open- 
 ing for objections : if none be made, he rises again and 
 puts the question whether it shall be read a second time ? 
 Hakcw. 137, 141. A bill cannot be amended at the first 
 reading, 6 Grey 236, nor is it usual for it to be opposed 
 then ; 6zrf it may be done and rejected. D'Ewes 335. col 
 
 SECTION XXIV. 
 
 BILLS, SECOND READING. 
 
 Every bill shall receive three several readings previous 
 to its being passed ; and the second and third reading 
 shall be on different days, and the third reading shall be 
 on a day subsequent to that in which it has passed a 
 committee of the whole house, unless the house unani- 
 mously direct otherwise. R. of A. 23. 
 
 No bill shall be committed or amended, until it has 
 been twice read. R. of A. 24. 
 
 The second reading must regularly be on another day. 
 Hakew. 143. It is done by the clerk at the table, who 
 then hands it to the speaker. The speaker, rising, states 
 to the house the title of the bill, that this is the second 
 time of reading it, and that the question will be whether 
 it shall be committed, or engrossed and read a third time ? 
 But if the bill came from the other house, as it always 
 comes engrossed, he states that the question will be 
 whether it shall be read a third time ? and before he has 
 
 L2 
 
1*28 Bills, Commitment. 
 
 so reported the state of the bill, no one is to speak to it. 
 Hauew. 143, 146. 
 
 In the assembly, the speaker reports the title of the bill ; 
 that this is the second time of reading it. Bills are often 
 read first and second time by their title, by unanimous 
 consent of the house : and after second reading, the 
 speaker puts this question, " Shall this bill be committed 
 to a committee of the whole house ?" " Gentlemen, as 
 many as agree thereto, vvill please to say aye those 
 opposed, will please to say no." He then pronounces 
 it " carried" or " lost," as the case may be. 
 
 SECTION XXV. 
 
 BILLS, COMMITMENT. 
 
 No bill shall be amended or committed until it has 
 been twice read. R. of A. 24. 
 
 A motion for commitment, until it is decided, shall pre- 
 elude all amendment of the main question. R. of A. 15. 
 
 If on motion and question it be decided, that the bill 
 shall be committed, it may then be moved to be referred 
 to a committee of the whole house, or to a special com- 
 mittee. If the latter, the speaker proceeds to name the 
 committee. Any member also may name a single per- 
 son, and the clerk is to write him down as of the commit- 
 tee. But the house have a controuling power qver the 
 names and number, if a question be moved against any 
 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 
 directly against the body of the bill For he that would 
 totally destroy, will not amend it. Hakew. 146. Town, 
 col 208. D'Ewes, 634. col. 2 t-A 47. or as is said, 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 constant rule 
 " that no man is to be employed in any matter who has 
 declared himself against it." And when any member 
 who is against the bill hears himself named of its com- 
 mittee, he ought to ask to be excused. Thus March 7, 
 
Biffs, Commitment. 123 
 
 1606, Mr. Hadley was, on the question's being put, ex- 
 cused from being of a committee, declaring himself to be 
 against the matter itself. Scab. 46. 
 
 All committees are appointed by the speaker, under 
 the sanction of the house. 
 
 The clerk may deliver the bill to any member of the 
 committee. Town. col. 138. But it is usual to deliver 
 it to him who is first named. 
 
 In some cases, the house has ordered a committee to 
 withdraw immediately into the committee chamber, and 
 act on, and bring back the bill, sitting the house. Scob. 48. 
 
 A committee meets when and where they please, if the 
 house has not ordered time and place for them. 6 Grey 
 370. But they can only act when together, and not by 
 separate consultation and consent ; nothing being the re- 
 port of the committee but what has been agreed to in 
 committee actually assembled. 
 
 A majority of the committee constitutes a quorum for 
 business. Elsynge's* Method of passing Bills. 11. 
 
 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. Elsynge 12. Scob. 49. 
 
 But in 1626, April 24, the house of commons resolved, 
 that though any members may be present at the examin- 
 ation of witnesses, they may not be at the debate, dispo- 
 sition or penning of the business by the select committee. 
 4 Hats. 124. 
 
 The committee have full power over the bill, or other 
 paper committed to them, except that they cannot 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 ad- 
 dress, &c. and it may either originate with them, or be 
 referred to them. In every case, the whole paper is read 
 first by the clerk, and then by the chairman, by para- 
 graphs. Scob. 49. pausing at the end of each paragraph, 
 and putting questions for amending, if proposed. In the 
 case of resolutions on distinct subjects, 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 sub- 
 ject, a question is put on the whole. If it be a bill, 
 
124 Bills, Commitment. 
 
 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 question 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, un- 
 less altered, or struck out by a vote. Even if they a,re 
 opposed to the whole paper, and think it cannot be made 
 good by amendments, they cannot reject it, but must re- 
 port 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 through 
 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 alteration in a for- 
 mer part. 2 Hats. 90. In numerous assemblies this re- 
 straint is doubtless important. But in senate of the 
 United States, though in the main they consider and 
 amend the paragraphs in their natural order, yet recur- 
 rences are indulged ; and they seem on the whole, in 
 that small body, to produce advantages overweighing 
 their inconveniences. 
 
 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 reason is, that on con- 
 sideration of the body of the bill, such alterations may 
 therein be made as may also occasion the alteration of 
 the preamble. Scob. 50. 7 Grey 431. 
 
 On this head the following case occurred inU. S. Sen- 
 ate, March 6, 1800. A resolution, which had no pream- 
 ble, 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 mover intimated 
 that he should afterwards propose a correspondent a- 
 
Bills, Commitment. 125 
 
 mendment in the body of the resolution. It was object- 
 ed that a preamble could not be taken up till the body of 
 the resolution is done with. But the preamble was re- 
 ceived ; because we are in fact through the body of the 
 resolution, we have amended that as far as amendments 
 have been offered, and indeed till little of the original is 
 left. It is the proper time, therefore, to consider a pre- 
 amble : and whether the one offered be consistent with 
 the resolution, is for the house to determine. The mov- 
 er indeed, has intimated, that he shall offer a subsequent 
 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 oper- 
 ate on what is before them. The practice too of the 
 senate of the United States, allows recurrences back- 
 wards and forwards, for the purpose of amendment, not 
 permitting amendments in a subsequent, to preclude 
 those in a prior part, or e converse. 
 
 When the committee is through the whole, a member 
 moves that the committee may rise, and the chairman re- 
 port the paper to the house, with, or without amend- 
 ments, as the case may be. 2 Hats. 289, 292. Scob. 53. 
 2 Hats. 290. 8 Scob. 50. 
 
 "When a vote is once passed in a committee, it cannot 
 be altered but by the house, their votes being binding on 
 themselves. 1607, June 4. 
 
 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 which are to be inserted 
 or omitted ; Scob. 50. and where, by references to the 
 page, line and word of the bill. Scob. 50. 
 
 In forming a committee of the whole house, the speaker 
 shall leave the chair, and a chairman shall be appointed 
 to preside. jR. of A. 25. 
 
 The following are the rules of the assembly of New- 
 York on this subject : 
 
 No member shall speak more than twice to the same 
 question, without leave of the house ; nor more than once, 
 until every member choosing to speak shall have spoken. 
 R.ofA.S. 
 
 Bills committed to a committee of the whole house, shall 
 be first read through by the clerk, and then read and de- 
 
126 Bills, Commitment. 
 
 bated by clauses, leaving the preamble to be last consid- 
 ered : All amendments shall be entered on a separate 
 piece of paper, and so reported to the house by the chair- 
 man standing in his place ; after the report, the bill shall 
 be subject to debate and amendment before the question 
 to engross it be taken. R. of A. 26. 
 
 All questions, whether in committee or in the house, 
 shall be put in the order they were moved : except that 
 in filling up blanks, the largest sum and longest time shall 
 be first put. R. ofA.Z7. 
 
 A similar mode of proceeding shall be observed with 
 bills which have originated in, and have passed the sen- 
 ate, as with bills originating in the house. R. of A. 28. 
 
 Upon a division, in the house, the names of those who 
 vote for, and those who vote against the question, shall 
 be entered upon the minutes, if any ten members require. 
 it. R. of A. 30. 
 
 That in all cases where a bill, order, resolution, or mo- 
 tion, shall be entered on the journals of this house, the 
 name of the member moving the same shall also be en- 
 tered on the journals. R. of A. 37. 
 
 All the unfinished business of the preceding day, shall 
 have preference to any other, except special orders 
 of the day, in committee of the whole. R. of A. 44. 
 
 No motion for re-consideration shall be in order, unless 
 on the same day, or day following that on which the de- 
 cision proposed to be re-considered took place, nor unless 
 one of the majority shall move such re-consideration. A 
 motion for re-consideration being put and lost, shall not 
 be renewed, nor shall any subject be a second time re- 
 considered without unanimous consent. R. of A. 34. 
 
 After a motion is stated by the speaker, it shall be 
 deemed to be in possession of the house ; but may be 
 withdrawn at any time before decision or amendment. 
 JR. of A. 10. 
 
 Every member who shall be present when a question 
 is stated from the chair, and no other, shall vote for or 
 against the same, unless the house shall excuse him, or 
 unless he be immediately interested in the question, in 
 which case he shall not vote. But no member shall be 
 permitted to vote upon any question, unless present when 
 his name is called upon a division in its regular order. k 
 R. of A. IS. 
 
Report of Committees. 127 
 
 While the speaker is putting a question, no member 
 shall walk out of, or across the house, nor when a mem- 
 ber is speaking, shall any member entertain any private 
 discourse, or pass between him and the chair. R. of A. 19. 
 
 A member called to order, shall immediately sit down, 
 unless permitted to explain ; and the house, if appealed 
 to, shall decide on the case, but without debate ; if there 
 be no appeal, the decision of the chair shall be submitted 
 to. R.ofA.M. 
 
 The rules of the house shall be observed in a committee 
 of the whole house, so far as they maybe applicable, ex- 
 cept the rules respecting divisions and limiting the time 
 of speaking. R. of A. 35. 
 
 SECTION XXVI. 
 
 REPORT OP COMMITTEE. 
 
 The chairman of the committee, standing in his place, 
 informs the house, that the committee, to whom was re- 
 ferred such a bill, have, according to order, had the same 
 under consideration, and have directed him to report the 
 same without any amendment, or with sundry amend- 
 ments, (as the case may be,) which he is ready to do, 
 when the house pleases to receive it. And he, or any 
 other, may move that it be now received. But the cry 
 of " now, now," from the house, generally dispenses 
 with the formality of a motion and question. He then 
 reads the amendments with the coherence in the bill, and 
 opens the alterations, and the reasons of the committee 
 for such amendments, until he has gone through the 
 whole. He then delivers it at the clerk's table, where 
 the amendments reported are read by the clerk, without 
 the coherence, whereupon the papers lie on the table, 
 till the house, at its convenience, shall take up the re- 
 port. Scob. 52. Haktw. 148. 
 
 The report being made, the committee is dissolved, 
 andean act no more without a new power. Scob. 51. 
 But it may be revived by a vote, and the same matter re- 
 committed to them. 3 Grey 361. 
 
 1* In a committee, every member may speak as often 
 
128 Report of Committees. 
 
 as he pleases. 2. The votes of a committee may be re- 
 jected or altered, when reported to the house. 3. A com- 
 mittee even of the whole, cannot refer any matter to an- 
 other committee. 4. In a committee, no previous ques- 
 tion can be taken. The only means to avoid an improper 
 discussion, is to move that the committee rise ; and if it be 
 apprehended that the same discussion will be attempted 
 on returning into committee, the house can discharge 
 them, and proceed itself on the business, keeping down 
 the improper discussion by the previous question. 5. A 
 committee cannot punish a breach of order, in the house 
 or in the gallery. 9 Grey 113. It can only rise and re- 
 port it to the house, who may proceed to punish. Jef- 
 ferson's Manual, sec. 30, page 85. 
 
 In the assembly of this state, a committee is commonly 
 appointed about the 7th week of the annual meeting of 
 the legislature, that performs nearly all the duties of the 
 'quasi committee of the National Legislature, and aided 
 by a select committee, performs all the duties of a com- 
 mittee of the whole house. 
 
 This committee is commonly named by the speaker, 
 consists of nine, and is appointed, on motion, by virtue 
 of a resolution, generally first adopted in the following 
 words : 
 
 " Resolved, That a committee of nine members be ap- 
 pointed, whose duty it shall be to examine all bills from 
 time to time committed to a committee of the whole house, 
 and report all such bills as in their opinion may with 
 safety and propriety be referred to select committees, to 
 be reported complete ; but that no bill shall be so recom- 
 mended to be referred, except with the consent of a ma- 
 jority of the said committee." See Journal of Assembly, 
 181C, p. 276. 
 
 This committee commonly meets twice per week ; and 
 from all of the bills before the house, select such as they 
 think "proper;" the chairman then reports to the house 
 what bil's they have selected, and gives the titles: the 
 speaker then puts " the question on agreeing with the 
 committee in their report ;" if carried in the affirmative, 
 the' speaker then addressing himself to the house, says, 
 " Is it the pleasure of the house the committee of the 
 whole house be discharged from the further consideration 
 
Standing Committees. 129 
 
 of these said several bills, and that, the same be referred 
 to select committees to be reported complete ?" One neg- 
 ative is sufficient to prevent a bill from being thus dispos- 
 ed of. The member objecting to any particular bill, com- 
 monly objects to that, and consents as to the remainder. 
 
 The speaker then appoints a committee of three mem- 
 bers to receive three of the bills, and to report the same 
 complete; first naming the bills, and then the committee 
 to whom he proposes to refer them, and then takes 
 the sense of the house on the nomination, as in other 
 cases. Sometimes but one bill is referred to each com- 
 mittee. 
 
 These select committees of three, to whom the bills are 
 referred, report the bills complete, with all convenient 
 speed, either with or without amendment ; and then the 
 speaker puts "the question on agreeing with the commit- 
 tee in their report;" if agreed to, he asks " shall this (or 
 these) bill (or bills) be engrossed ? Those in favor," &c. 
 as in other cases. If carried in the affirmative, the hill 
 is engrossed for a third reading, in like manner as if the 
 same had passed in committee of the whole house. 
 
 This is a very expeditious way of disposing of much 
 business before the house of a merely local or private 
 and not very important description. 
 
 SECTION XXVII. 
 
 STANDING COMMITTEES. 
 
 1. Committee of ways and means. 
 
 2. Of claims. 
 
 3. Of privileges and elections. 37 T V 
 4-. Of grievances. 
 
 5. On courts of justice, &c. OAI [Vt ) R \J f 
 
 6. On expiring laws. s, 
 
 7. On colleges, academies and common schools. 
 
 8. On engrossed bills. 
 
 9. On the erection and division of counties. 
 
 10. On the incorporation of cities and villages, and 
 charitable and religious societies. 
 
 11. On the petitions of aliens. 
 
 M 
 
*<*0 Standing Committees. 
 
 12. On the incorporation and alteration of banking 
 and insurance companies. 
 
 13. On the establishment and improvement of roads 
 and bridges, and the incorporation of turnpike compa- 
 nies. 
 
 14. On amendments proposed to the constitution of 
 this jstate and the United States. 
 
 15. On canals and internal improvements. 
 
 16. On the mijitia, and other subjects relating to the 
 public defence. 
 
 17. On state prisons, and other subjects relating to the 
 penitentiary system. 
 
 18. On agriculture. 
 
 19. On trade and manufactures. 
 
 20. On the erection and division of towns. 
 
 21. On bills coming within the ninth section of the 
 seventh article of the amended constitution of this state. 
 
 SECTION XXVIII. 
 
 COMMITTEE UNDER THE NINTH SECTION OF THE SEVENTH 
 ARTICLE OP THE CONSTITUTION OF THIS STATE. 
 
 The assent of two thirds of the members elected to 
 each branch of the legislature, shall be requisite to every 
 bill appropriating the public monies or property for lo- 
 cal or private purposes, or creating, continuing, altering 
 or renewing any body politic or corporate. Const. Art. 
 7, Sec. 9. 
 
 That a standing committee of five be appointed, on 
 bills coming within the ninth section of the seventh arti- 
 cle of the amended constitution of this state ; and that 
 when any bill shall have passed in committee of the whole 
 house, which the speaker shall suppose to be within the 
 provisions of the said ninth section, or on which question 
 he may entertain doubts, it shall be referred to the said 
 committee, to examine and report thereon, before the 
 question on its final passage shall be taken. R. of A. 47. 
 
 That hereafter, the final question on the passage of 
 any bill appropriating the public monies, or property, 
 for local or private purposes, or creating, continuing. 
 
Committee on Bills from the Senate. 131 
 
 altering, or renewing any body politic, or corporate, shall 
 be taken by a division ; and unless eighty-six members 
 .shall vote in the affirmative, the bill shall be declared lost ; 
 and the speaker shall certify upon all such bills which 
 shall so pass, that two-thirds of all the members elect- 
 ed to this house, voted in favor of the same. R. of A. 46. 
 
 The final reading of all bills which require the sanc- 
 tion of a constitutional majority, shall be had on Tues- 
 day ox Friday in every week, and on no other days, until 
 otherwise ordered, except by unanimous consent. R. of 
 4.49. 
 
 That the final question on the passage of any bill, re- 
 quiring a constitutional majority of this house, shall not 
 be deemed to be decided, unless eighty-six members are 
 present, and vote on the question. R. of A. 50. 
 
 A motion to reconsider the vote upon the final passage 
 of any bill, requiring the assent of two-thirds of all the 
 members elected to this house, shall be made by a mem- 
 ber who voted against the bill ; and two-thirds of the 
 members present shall be required to reconsider the same. 
 R. of A.M. 
 
 SECTION XXIX. 
 
 COMMITTEE ON BILLS FROM THE SENATE, AND AMEND- 
 MENTS BY THE SENATE. 
 
 Every message from the honorable the senate commu- 
 nicating any bill, for the concurrence of this house, shall, 
 after the second reading of the said bill, be referred to a 
 select committee, with the accompanying documents, (if 
 any,) to consider and report thereon. " R. of A. 38. 
 
 This committee, like most select committees in the as- 
 sembly, consists of three. They receive the bill and 
 accompanying documents, and having duly considered, 
 report the same according to the exigency of the rule. 
 Their report should contain a brief statement of all the 
 facts embraced in those documents, together with the 
 opinion of the select committee thereon, and be commit- 
 ted to the committee of the whole house. 
 
 That amendments by the senate, to all bills which have 
 
J 32 Committees on resolutions References to state officers. 
 
 passed the house, shall be referred to an appropriate se- 
 lect, or standing committee, to examine and report there- 
 on, unless the house shall otherwise expressly allow.- 
 R. of A. 43. 
 
 SECTION XXX. 
 
 COMMITTEES ON RESOLUTIONS. 
 
 In all resolutions of the assembly of much Importance, 
 requiring any committee relative to the subject matter, a 
 committee of five is appointed. In all concurrent reso- 
 lutions of the senate and assembly, concerning any mat- 
 ter to be considered by joint committee, the senate ap- 
 point three members on their part, and the assembly five 
 of their house, to consider and report thereon. The re- 
 port should be made to the house where the resolution 
 originated." 
 
 ._. 
 
 SECTION XXXI. 
 
 REFERENCES TO STATE OFFICERS. 
 
 Petitions, memorials, and bills, are often referred to 
 either the attorney general, surveyor general, comptrol- 
 ler, or secretary of state ; sometimes to all those at the 
 same time. 
 
 When their report is received, it is referred to a select 
 committee, in all cases, together with the papers refer- 
 red, to consider and report thereon. 
 
 SECTION XXXII. 
 
 COMMITTEE OF SELECTION- 
 
 This is a committee of five, and is appointed in pursu- 
 ance of a resolution to that effect, first offered in these 
 words: 
 
IBM, Recommitment. Bill, Report taken up. 133 
 
 "Resolved, That a committee be appointed for the 
 purpose of selecting from the various bills now pending 
 in this house, such as in their opinion ought first to be 
 acted upon ; to arrange the order in which the said bills 
 should be taken up for consideration." 
 
 This committee usually reports three or four times 
 per week. It is seldom appointed till toward the close, 
 of the meeting. 
 
 SECTION XXXIH. 
 
 BILL, RECOMMITMENT. 
 
 After a bill has been committed and reported it ought 
 not, in an ordinary course, to be recommitted. But in 
 cases of importance, and for special reasons, it is some- 
 times recommitted, and usually to the same committee. 
 Hakew. 151. If a report be recommitted before agreed 
 to in the house, what has passed in committee is of no 
 validity ; the whole question is again before the com- 
 mittee, and a new resolution must be again moved, as if 
 nothing had passed. 3 Hats. 131. note. 
 
 In TJ. S. Senate, January 1800, the salvage bill was 
 recommitted three times after the commitment. 
 
 A particular clause of a bill may be committed with- 
 out the whole bill ; 3 Hats. 131. or so much of a paper to 
 one, and so much to another committee. 
 
 SECTION XXXIV. 
 
 BILL, REPORT TAKEN UP. 
 
 When the report of a paper originating with a com- 
 mittee is taken up by the house, they proceed exactly as 
 in committee. Here, as in committee, when the para- 
 graphs have, on distinct questions, been agreed to seri- 
 atim, 5, Grey 366. 6 Grey 368. 8 Grey 47, 104, 360. 1 
 Torbuck r s Deb. 125. 3 Hats. 348. no question needs be 
 put on the whole report. 5 Grey 381. 
 
 On taking up a bill reported with amendments, the 
 M2 
 
134 Bills, Second Reading in the House. 
 
 amendments only are read by the clerk. The speaker 
 then reads the first, and puts it to the question, and so on, 
 till the whole are adopted or rejected, before any other 
 amendment be admitted, except it be an amendment to 
 an amendment. Elsynge's Mem. 53. When through 
 the amendments of the committee, the speaker of the 
 house of representatives pauses, and gives time for amend- 
 ments to be proposed in the house to the body of the bill : 
 as he does also if it has been reported without amend- 
 ments ; putting no questions but on amendments pro- 
 posed : and when through the whole, he puts the ques- 
 tion whether the bill shall be engrossed and read a third 
 time ? Jefferson 1 s Manual^ 83. 
 
 SECTION XXXV. 
 
 BILLS, SECOND READING IN THE HOUSE. 
 
 In parliament, after the bill has been read a second 
 time, if on the motion and question, it be not committed, 
 or if no proposition for commitment be made, the speak- 
 er reads it by paragraphs, pausing between each, but 
 putting no question but on amendments proposed ; and 
 when through the whole, he puts the question whether it 
 shall be read a third time ? if it came from the other 
 house ; or, if originating with themselves, whether it shall 
 be engrossed and read a third time ? The speaker reads 
 sitting, but rises to put questions. The clerk stands 
 while he reads. 
 
 But the senate of the United States is so much in the 
 habit of making many and material amendments at the 
 third reading, that it has become the practice not to en- 
 gross a bill till it has passed. An irregular and dangerous 
 practice ; because, in this way, the paper which passes 
 the senate is not that which goes to the other house as 
 the act of the senate, has never been seen in senate. In 
 reducing numerous, difficult, and illegible amendments 
 into the^text, the secretary may, with the most innocent 
 intentions, commit errors, which can never again be 
 corrected. 
 
 After the bill has been finally agreed to, it is ordered 
 
Reading Papers. I :] "> 
 
 to be engrossed. It is then prepared to be read the third 
 time. 
 
 The bill being now as perfect as its friends can make 
 it, this is the proper stage for those fundamentally oppos- 
 ed, to make their first attack. All attempts at earlier 
 periods are with disjointed efforts ; because many who 
 do not expect to be in favor of the bill ultimately, are 
 willing to let it go on to its perfect state, to take time to 
 examine it themselves, and to hear what can be said for 
 it; knowing that, after all, they will have sufficient op- 
 portunities of giving it their veto. Its two last stages 
 therefore are reserved for this, that is to say, on the 
 question whether it shall be read a third time ? And last- 
 ly, whether it shall pass ? The first of these is usually 
 the most interesting contest; because then the whole 
 subject is new and engaging, and the minds of the mem- 
 bers having not yet been declared by any trying vote, 
 the issue is the more doubtful. In this stage, therefore, 
 is the main trial of strength between its friends and op- 
 ponents ; and it behoves every one to make up his mind 
 decisively for this question, or he loses the main battle ; 
 and accident and management may, and often do, pre- 
 vent a successful rallying on the next and last question 
 whether it shall pass ? 
 
 When the bill is engrossed, the title is to be endorsed 
 on the back, and not within the bill. Hakew. 250. 
 
 In the assembly it is also written within the bill, at top. 
 
 SECTION XXXVI. 
 
 READING PAPERS. 
 
 Where papers are laid before the house, or referred to 
 a committee, every member has a right to have them once 
 read at the table, before he can be compelled ttrvote on 
 them. But it is a great, though common error, to sup- 
 pose that he has a right, toties quoties, to have acts, jour- 
 nals, accounts, or papers on the table read independently 
 of the will of the house. The delay and interruption 
 which this might be made to produce, evince the irnpos- 
 
136 Privileged Questions. 
 
 sibility of the existence of such a right. There is indeed 
 so manifest a propriety of permitting every member to 
 have as much information as possible on every question 
 on which he is to vote, that when he desires the reading, 
 if it be seen that it is really for information, and not for 
 delay, the speaker directs it to be read without putting a 
 question if no one objects. But if objected to, a ques- 
 tion must be put. 2 Hats. 117, 118. 
 
 It is equally an error, to suppose that any member has 
 a right, without a question put, to lay a book or paper on 
 the table, and have it read, on suggesting that it contains 
 matter infringing on the privileges of the house. Ib. 
 
 For the same reason, a member has not a right to 
 read a paper in his place, if it be objected to, without leave 
 of the house. But this rigour is never exercised, but where 
 there is an intentional or gross abuse of the time and pa- 
 tience of the house. 
 
 A member has not a right even to read his own speech, 
 committed to writing, without leave. This also is to pre- 
 vent an abuse of time ; and therefore is not refused, but 
 where that is intended. 2 Grey 227. 
 
 A report of a committee of the U. S. Senate, on a bill 
 from the house of representatives, being under consider- 
 ation, on motion that the report of the committee of the 
 house of representatives, on the same bill be read in sen- 
 ate, it passed in the negative ; February 28, 1793. 
 
 Formerly when papers were referred to a committee, 
 they used to be first read : but of late, only the titles ; un- 
 less a member insists they shall be read, and then noboby 
 can oppose it. 2 Hats. 117. 
 
 SECTION XXXVII. 
 
 PRIVILEGED QUESTIONS. 
 
 No motion shall be debated or put, unless the same be 
 seconded ; when a motion is seconded, it shall be stated 
 by the Speaker before debate, and every such motion 
 shall be reduced to writing if the speaker or any mem- 
 ber desire it. R. of A. 9. 
 
Privileged Questions. 137 
 
 After a motion is stated by the speaker, it shall be 
 deemed to be in possession of the house ; but may be 
 withdrawn at any time before decision or amendment. 
 72.0/^1.10. 
 
 When a question is under debate, no motion shall be 
 received, unless to amend it, to commit it, to postpone it 
 to a day certain, for the previous question, or to adjourn, 
 R. of A. 11. 
 
 A motion to adjourn shall be always in order, and shall 
 be decided without debate. R. of A. 12. 
 
 The previous question, until it is decided, shall preclude 
 all amendment and debate of the main question, and shall 
 be in this form shall the main question be now put ? R. 
 of A. 13. 
 
 No member shall speak more than once without leave, 
 upon a previous question. R. of A. 14. 
 
 A motion for commitment, until it is decided, shall pre- 
 clude all amendment of the main question. R. of A. 15. 
 
 It is no possession of a bill, unless it be delivered to 
 the clerk to be read, or the speaker reads the title. Lex* 
 Parl. 274. Elsynge Mem. 95. Ord. House of Commons 64. 
 
 It is a general rule, that the question first moved and 
 seconded, shall be first put. Scob. 28, 22. 2 Hats. 81. 
 But this rule gives way to what may be called privileged 
 questions : and the privileged questions are of different 
 grades among themselves. 
 
 A motion to adjourn simply takes place of all others ; 
 for otherwise the house might be kept sitting against its 
 will, and indefinitely. Yet this motion cannot be re- 
 ceived after another question is actually put, and while 
 the house is engaged in voting. 
 
 Orders of the day take place of all other questions, ex- 
 cept for adjournment. That is to say, the question which 
 is the subject of an order, is made a privileged one pro 
 hac voce. The order is a repeal of the general rule as 
 to this special case. When any member moves there- 
 fore for the orders of the day to be read, no further de- 
 bate is permitted on the question which was before the 
 house ; for if the debate might proceed, it might con- 
 tinue through the day, and defeat the order. This motion, 
 to entitle it to precedence, must be for the orders gen- 
 erally, and not for any particular one ; and if it be car- 
 
138 Privileged Questions. 
 
 Tied on the question, " Whether the house will now pro- 
 ceed to the orders of the day," they must be read and 
 proceeded on in the course in which they stand. 2 Hats. 
 83. For priority of order gives priority of right, which 
 cannot be taken away but by another special order. 
 
 When the house have proceeded to the " general or- 
 ders of the day," no other business shall be in order until 
 the house have disposed of the same, by laying them up- 
 on the table, or by postponing them until the next day. 
 R. of A. 41. 
 
 The final reading of all bills which require the sanction 
 of a constitutional majority, shall be had on Tuesday or 
 Friday in every week, and no other days, until other- 
 wise ordered, except by unanimous consent. R. of A. 49. 
 
 All the unfinished business of the preceding day, shall 
 have preference to any other, except special orders of 
 the day, in committee of the whole. R. of A. 44. 
 
 After these, there are other privileged questions which 
 will require considerable explanation. 
 
 Jt is proper tk*t ov^rv- parliamentary assembly should 
 have certain forms of questions so adapted, as to enable 
 them fitly to dispose of every proposition which can be 
 made to them. Such are I. The previous question. 2. 
 To postpone indefinitely. 3. To adjourn a question to a 
 definite day. 4. To lie on the table. 5. To commit. 6. 
 To amend. The proper occasion for each of these ques- 
 tions should be understood. 
 
 1. When a proposition is moved, which it is useless or 
 inexpedient now to express or discuss, the previous ques- 
 tion has been introduced for suppressing for that time the 
 motion and its discussion. 3 Hats. 188, 189. 
 
 2. But as the previous question gets rid of it only for 
 that day, and the same proposition, may recur the next 
 day if they wish to Suppress it for the whole of that ses- 
 sion, they postpone it indefinitely. 3 Hats. 183, This 
 quashes the proposition for that session, as an indefinite 
 adjournment is a dissolution, or the continuance of a suit 
 sine die is a discontinuance of it. 
 
 3. When a motion is made which it will be proper to 
 act on, but information is wanted, or something more 
 pressing claims the present time, the question or debate 
 is adjourned to such day within the session as will answer 
 
Privileged Questions. 159 
 
 the views of the house. 2 Hats. 81. And those who have 
 spoken before may not speak again when the adjourned 
 debate is resumed. 2 Hats. 73. Sometimes, however, 
 this has been abusively used, by adjourning it to a day 
 beyond the session, to get rid of it altogether, as would 
 be done by an indefinite postponement. 
 
 4. When the house has something else which claims 
 its present attention, but would be willing to reserve in 
 their power to take up a proposition whenever it shall 
 suit them, they order it to lie on their table. It may- 
 then be called for at any time. 
 
 5. If the proposition will want more amendment and 
 digestion than the formalities of the house will conven- 
 iently admit, they refer it to a committee. 
 
 6. But if the proposition be well digested and may need 
 but few and simple amendments, and especially if these 
 be of leading consequence, they then proceed to consid- 
 er and amend it themselves. 
 
 The senate of the United States, in their practice, va- 
 ry from this regular gradation of forms. Their practice, 
 comparatively with that of parliament stands thus : 
 
 For the Parliamentary, The Senate uses, postp. to a 
 
 Postpmnt. indefinite day beyond the session. 
 
 Adjournment Postp. to a day within the session. 
 
 tying on the Tab,, _ } JJj^ Mfc 
 
 In their 8th rule therefore, which declares that while 
 a question is before the senate, no motion shall be receiv- 
 ed unless it be for the previous question, or to postpone, 
 commit, or amend the main question, the tei*m postpone- 
 ment must be understood according to their broad use of 
 it, and not in its parliamentary sense. Their rule then 
 establishes as privileged questions,' the previous question, 
 postponement, commitment and amendment. 
 
 But it may be asked, have these questions any privi- 
 lege among themselves ? Or, are they so equal, that the 
 common principle of the "first moved, first put," takes 
 place among them ? This will need explanation. Their 
 competitions may be as follow : 
 
140 Privileged Questions. 
 
 1. Prev. qu. and postpone, 
 
 Commit, 
 Amend. 
 
 2. Postpone and prev. qu 
 
 Commit, 
 Amend. 
 
 3. Commit and prev. qu. 
 
 Postpone, 
 Amend. 
 
 4. Amend and prev. qu. 
 
 Postpone, 
 Commit. 
 
 In the 1st, 2d, and 3d 
 
 classes and the 1st mem- 
 
 >ber of the 4th class, the 
 
 rule "first moved first 
 
 put" takes place. 
 
 In the first class, where the previous question is first 
 moved, the effect is peculiar. For it not only prevents 
 the after motion to postpone or commit from being put 
 to question before it, but also, from being put after it. 
 For if the previous question be decided affirmatively, to 
 wit, that the main question shall now be put, it would of 
 course be against the decision to postpone or commit. 
 And if it be decided negatively, to wit, that the main 
 question shall not now be put, this puts the house out of 
 possession of the main question, and consequently there 
 is nothing before them to postpone or commit. So that 
 neither voting for, or against the previous question, will 
 enable the advocates for postponing or committing to get 
 at their object. Whether it may be amended, shall be 
 examined hereafter. 
 
 2d class. If postponement be decided affirmatively, the 
 proposition is removed from before the house, and con- 
 sequently there is no ground for the previous question, 
 commitment, or amendment. But if decided negatively, 
 that it shall not be postponed, the main question, may 
 then be suppressed by the previous question, or may be 
 e:>mmitted, or amen Wl. 
 
 The 3d class is subject to the same observations as 
 the 2d. 
 
 The 4th class. Amendment of the main question first 
 moved, and afterwards the previous question, the ques- 
 tion of amendment shall be first put. 
 
 Amendment and postponement competing, postpone- 
 ment is first put, as the equivalent proposition to adjourn 
 
Privileged Questions. 141 
 
 the main question would be in parliament. The reason 
 is, that the question for amendment is not suppressed by 
 postponing or adjourning the main question, but remains 
 before the house whenever the main question is resum- 
 ed : and it might be that the occasion for other urgent 
 business might go by, and be lost by length of debate on 
 the amendment, if the house had it not in their power to 
 postpone the whole subject. 
 
 Amendment and commitment. The question for com- 
 mitting, though last moved, shall be first put : because, 
 in truth, it facilitates and befriends the motion to amend. 
 Scobell is express. " On a motion to amend a bill, any 
 one may notwithstanding, move to commit it, and the 
 question for commitment shall be first put. Scob. 46. 
 
 We have hitherto considered the case of two or more 
 of the privileged questions contending for privilege be- 
 tween themselves, when both were moved on the original 
 or main question ; but now let us suppose one of them to 
 be moved, not on the original primary question, but on 
 the secondary one : e. g. 
 
 Suppose a motion to postpone, commit or amend the 
 main question, and that it be moved to suppress that mo- 
 tion by putting a previous question on it. This is not 
 allowed : because it would embarrass questions too much 
 to allow them to be piled on one another several stories 
 high ; and the same result may be had in a more simple 
 way, by deciding against the postponement, commitment 
 or amendment. 2 Hats. 81, 2, 3, 4. 
 
 Suppose a motion for the previous question, or com- 
 mitment, or amendment of the main question, and that 
 it be then moved to postpone the motion for the previous 
 question, or for commitment, or amendment of the main 
 question. 1. It would be absurd to postpone the previ- 
 ous question, commitment or amendment alone, and thus 
 separate the appendage from its principal. Yet it must 
 be postponed separately from its original, if at all : be- 
 cause the 8th rule of the senate of the United States, 
 says, that when a main question is before the house, no 
 motion shall be received but to commit, amend, or pre- 
 question the original question, which is the parliamenta- 
 ry doctrine also. Therefore the motion to postpone the 
 secondary motion for the previous question, or for com- 
 N 
 
142 Privileged Questions. 
 
 mitting or amending, cannot be received. 2. This is a 
 piling of questions one on another, which, to avoid em- 
 barrassment, is not allowed. 3. The same result may 
 be had more simply, by voting against the previous ques- 
 tion, commitment or amendment. 
 
 Suppose a commitment moved of a motion for the pre- 
 vious question, or to postpone or amend. The 1st, 2d 
 and 3d reasons before stated, all hold good against this. 
 
 Suppose an amendment moved to a motion for the 
 previous question. Answer. The previous question can- 
 not be amended. Parliamentary usage, as well as the 
 9th rule of the senate of the United States, has fixed its 
 form to be " Shall the main question be now put ?" i. e. 
 at this instant. And as the present instant is but one, it 
 can admit of no modification. To change it to to-mor- 
 row, or any other moment, is without example, and with- 
 out utility. But suppose a motion to amend a motion 
 lor postponement ; as to one day instead of another, or 
 to a special, instead of indefinite time. The useful 
 character of amendment, gives it a privilege of attaching 
 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 instructions to enquire, &c." 
 In like manner, if an amendment be moved to an amend- 
 ment, it is admitted. But it would not be admitted in 
 another degree : to wit, to amend an amendment to an 
 amendment, of a main question. This would lead to 
 too much embarrassment. The line must be drawn some- 
 where, and usage has drawn it after the amendment to 
 the amendment. The same result must be sought by 
 deciding against the amendment to the amendment, and 
 then moving it again as it was wished to be amended. In 
 this form it becomes only an amemdment to an amend- 
 ment. 
 
 All questions , whether in committee or in the house, 
 shall be put in the order they were moved : except that 
 in filling up blanks, the largest sum and longest time 
 shall be first put. R. of A. 27. 
 
 Contrary to the rule of parliament which privileges 
 the smallest sum and longest time. 5 Grey 179. 2 Hats. 
 81, 83. 3 Hats. 132, 133. And this is considered to be 
 
Privileged Questions. 143 
 
 not in the form of an amendment to the question ; but as 
 alternative, or successive originals. In all cases of time 
 or number, we must consider whether the larger com- 
 prehends the lesser, as in a question to what day a post- 
 ponement shall be, the number of a committee, amount 
 of a fine, term of an imprisonment, term of irredeema- 
 bility of a loan, or the terminus in quern, in any other 
 case. Then the question must begin a maximo. Or 
 whether the lesser concludes the greater, as in questions 
 on the limitation of the rate of interest, on what day the 
 session shall be closed by adjournment, 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 pre- 
 cluded : but at that extreme which would unite few, and 
 then to advance 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 GWy365. 
 
 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 question 
 before a vote is taken on striking out, or agreeing to the 
 whole paragraph. 
 
 But there are several questions, which being inciden- 
 tal to every one, will take place of every one, privileged 
 or not ; to wit, a question of order arising oiit of any oth- 
 er question, must be decided before that question. 2 
 Hats. 88. 
 
 A matter of privilege arising out of any question, or 
 from a quarrel between two members, or any 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 par- 
 liament being, that a motion made and seconded is in 
 
144 The Previous Question. 
 
 possession of the house, and cannot be withdrawn with- 
 out leave, the very terms of the rule imply that leave 
 may be given, and consequently may be asked and put 
 to the question. 
 
 SECTION XXXVIII. 
 
 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. Mem. in Hakew. 28. 4 
 Grey 27. 
 
 The previous question, until it is decided, shall pre- 
 clude all amendment and debate of the main question, 
 and shall be in this form shall the main question be now 
 put? R. of A. 13. 
 
 No member shall speak more than once, without leave, 
 upon a previous question. R. of A. 14. 
 
 This kind of question is understood by Mr. Hatsell 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 the main 
 question be put ?" a determination in the negative sup- 
 pressed 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 de- 
 bate was over ; 4 Grey 43. but now, for that day and no 
 longer. 2 Grey 113, 114. 
 
 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 pre- 
 cluded from speaking to it at all. Mem. 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 conse- 
 quences. Then the previous question is proposed ; and, 
 
The 1'rcvious Question. 145 
 
 in the modern usage, the discussion of the main question 
 js suspended, and the debate confined to the previous 
 question. The use of it has been extended abusively to 
 other cases ; but in these it is an embarrassing procedure ; 
 its uses would be as well answered by other more simple 
 parliamentary forms, and therefore it should not be fa- 
 vored, but restricted 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 lints. 88. says, If the previous question has been mov- 
 ed and seconded, and also proposed from the chair, (by 
 which he means stated by the speaker for debate) it ha* 
 been doubted whether an amendment can be admitted to 
 the main question. He thinks it may, after the previous 
 question moved and seconded ; but not after it has been 
 proposed from the chair. In this case he thinks the 
 friends to the amendment must vote that the main ques- 
 tion be not now put ; and then move tjheir amended ques- 
 tion, 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 pro- 
 ceeding certainly endangers the main question, by divid- 
 ing its friends, some of whom may choose it unamended, 
 rather than lose it altogether : while others of them may 
 vote, as Hatsell advises, that the main question be not 
 now put, with a view to move it again in an amended 
 form. The enemies to the main question, by this ma- 
 noeuvre of the previous question, get the enemies to the 
 amendment added to them on the first vote, and throw 
 the friends of the main question under the embarrass- 
 ment of rallying again as they can. To support his opin- 
 ion too, he makes the deciding circumstance, whether an 
 amendment may or may not be made, to be that ihe pre- 
 vious question lias 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 object of the pre- 
 vious question being to get rid of a question, which it is 
 not expedient should be discussed, this object may be de- 
 feated by moving to amend, and, in the discussion of that 
 motion, involving the subject of the main question. But 
 
 m 
 
146 Amendments. 
 
 so may the object of the previous question be defeated by 
 moving the amended question, as Mr. Hatsell proposes, 
 after the decision against putting the original question. 
 He acknowledges too, that the practice has been to admit 
 previous amendment, and only cites a few Kite instances 
 to the contrary. On the whole, I should think it best to 
 decide it ab inconvenienti, to wit, which is most incon- 
 venient, to put it in the power of one side of the house 
 to defeat a proposition by hastily moving the previous 
 question, and thus forcing the main question to be put 
 unamended ; or to put it 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 incon- 
 venience; inasmuch as the speaker, by confining the 
 discussion rigorously to the amendment only, may pre- 
 vent their going into the main question, and inasmuch 
 also as so great a proportion of the cases in which the 
 previous question is called for, are fair and proper sub- 
 jects of public discussion, and ought not to be obstructed 
 by a formality introduced for questions of a peculiar char- 
 acter. 
 
 SECTION XXXIX. 
 
 AMENDMENTS. 
 
 On an amendment being moved, a member who has 
 spoken to the main question may speak again to the 
 amendment. 8co1. 23. 
 
 li' 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 speaker 
 to suppress as if it were against order. For were he 
 permitted to Iraw questions of consistence within the 
 vortex of order, he might usurp a negative on important 
 modifications, and suppress, instead of subserving, the 
 legislative wjll. 
 
 % 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 was intended by the movers, so that they vote against 
 
Amendments. 147 
 
 it themselves. 2 Hats. 79, 4, 82, 84. A new bill may 
 be ingrafted by way of amendment, on the words " Be it 
 enacted, <fcc." 1 Grey 190, 192. 
 
 If it be proposed to amend by leaving out certain 
 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 Hats. 
 80, 9. The parliamentary question is always, whether 
 the words shall stand part of the bill 1 
 
 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. If 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, before 
 the question is put for striking it out. If, on the ques- 
 tion, it be retained, it cannot be amended afterwards : 
 because a vote against striking out, is equivalent to a 
 rote 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 passage to be amend- 
 ed as it stands at present, then the words proposed 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 on striking 
 out. If earned, it is next on inserting the words pro- 
 posed. If mat be lost, it may be moved to insert others, 
 2 Hats. 80, 7. 
 
 A motion is made to amend by striking out certain 
 words, and inserting others in their place, which is neg- 
 atived. Then it is moved to strike out the same words, 
 and to insert others, of a tenor entirely different from 
 those first proposed. It is negatived. Then it is moved 
 to strike out the same words and insert nothing, which 
 is agreed to. All this is admissible ; because 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 
 
148 Amendments. 
 
 of one proposition does not preclude the offering a dif- 
 ferent one. Nor would it change the case were the first 
 motion divided, by putting the question first on striking 
 out, and that negatived. For as putting the whole mo- 
 tion 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 per- 
 mitted 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 rejecting A. 
 
 After A is inserted, however, it may be moved to strike 
 out a portion of the original paragraph, comprehending 
 A, provided the coherence to be struck out, be so substan- 
 tial as to make this effectively a different 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 U. S. senate, Jan. 25, 1798, a motion to postpone 
 until the second Tuesday in February some amendments 
 proposed to the constitution....The words " until the 2d 
 Tuesday in February," were struck out by way of amend- 
 ment. Then it was moved to add " until the first day of 
 June." Objected that it was 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 
 motion may be received to insert any other. In fact, it 
 is not till they are struck out, and a blank for the time 
 
 * In the case of a division of the question, and a decision 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 
 different aspect. It may be thought that having decided separately 
 not to strike out the passage, the same question for striking out can- 
 not be put over again, though with a view to a different insertion. 
 Still I think it more reasonable and convenient, to consider the 
 striking out and insertion, as forming one proposition ; but should 
 readily yield to any evidence that the contrary is the practice ifc 
 parliament. 
 
Division of the Question. 149 
 
 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. Oth- 
 erwise, it would be in the power of the mover, by insert- 
 ing originally a short time, to preclude the possibility of 
 a longer. For till the short time is struck out, you can- 
 not 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 2d 
 Tuesday of February," and inserting instead thereof, 
 14 the 1st 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 
 questions, to effect it ; the motion being divided as well 
 as the question. 
 
 When the matter contained in two bills, might be bet- 
 ter put into one, the manner is to reject the one, and in- 
 corporate its matter into another bill by way of amend- 
 ment. Or, both may be referred to a committee to be 
 made into one bill. 4 Hats. 319. So if 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 inserting 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 committee 
 is only to amend the text. 
 
 SECTION XL. 
 
 DIVISION OF THE QUESTION. 
 
 If a question contain more parts than one, it may be 
 divided into two or more questions. Mem. in Hakew. 29, 
 
150 Division of the Question. 
 
 But not as the right of an individual member, but with 
 the consent of the house. For who is to decide whether 
 a question is complicated or not 1 where it is compli- 
 cated ? into how many propositions it may be divided ? 
 The fact is, that the only mode of separating a compli- 
 cated 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, De- 
 cember 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 ques- 
 tion, they may be divided, and put one by one. 9 Grey 
 414. So 1729, April 17, on an objection that a qestion 
 M-as complicated, it was separated by amendment. 2 
 Hats. 79. 5. 
 
 The soundness of these observations will be evident 
 from the embarrassments produced by the 10th rule of 
 the senate of the United States, which says, '* if the ques- 
 tion in debate contain several points, any member may 
 have ihe same divided." 
 
 1798, May 30, the alien bill in quasi-committee. To 
 a section and proviso in the original, had been added two 
 new provisos by way of amendment. On a motion to 
 strike out the section as amended, the question was de- 
 sired to be divided. To do this, it must be put first on 
 striking out either the former proviso, or some distinct 
 members of the section. But when nothing remains but 
 tho last member of the section, and the provisos, they 
 cannot be divided so as to put the last member to ques- 
 tion by itself; for the provisos might thus be left stand- 
 ing alone, as exceptions to a rule, when the rule is taken 
 away ; or the new provisos might be left to a second 
 question, after having been decided on once before at the 
 ame reading ; which is contrary to rule. But the ques- 
 tion must be on striking out the last member of the sec- 
 tion as amended. This sweeps away the exceptions 
 with the rule, and relieves from inconsistence. A ques- 
 tion to be divisible, must comprehend 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. 
 
Coexisting Questions. 151 
 
 May 31. The same bill being before the senate of the 
 United States. ...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 divis- 
 ion of the question into its simplest elements, was called 
 for. It was divided into four parts, the 4th taking in the 
 words " conforming himself, &c." It was objected that 
 the words " any alien merchant," could not be separated 
 from their modifying words " conforming, <fcc." because 
 these words, if left by themselves, contain no substan- 
 tive idea, will make no sense. But admitting that the 
 divisions of a paragraph into separate questions must be 
 so made as that each part may stand by itself, yet, the 
 house having, on the question, retained the two first di- 
 visions, the words " any alien merchant" may be struck 
 out, and their modifying words will then attach them- 
 selves to the preceding description of persons, and be- 
 come a modification of that description. 
 
 When a question is divided, after the question on the 
 1st member, the 2d is open to debate and amendment: 
 because it is a known rule, that a person may rise and 
 speak at any time before the question has been com- 
 pletely decided, by putting the negative, as well as af- 
 firmative 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. Journ. June 25, 1795. 
 The same decision-by president Adams. 
 
 SECTION XLL 
 
 COEXISTING 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 ques- 
 tion without being moved anew 1 The answer must be 
 special. When a question is interrupted by a vote of 
 adjournment, it is thereby removed from before the house. 
 
152 Equivalent Questions. 
 
 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. g. the previous question, postponement or 
 commitment,) remove it from before the house. But it 
 is only suspended by a motion to amend, to withdraw, 
 to read papers, or, by a question of order or privilege, 
 and stands again before the house when these are de- 
 cided. None but the class of privileged questions can 
 be brought forward, while there is another question be- 
 fore the house, the rule being, that when a motion has 
 been made and seconded, no other can be received, ex- 
 cept it be a privileged one. 
 
 SECTION XLII. 
 
 EQUIVALENT QUESTIONS. 
 
 If, on a question for rejection, a bill be retained, it 
 passes of course to its next reading. Hakew. 141. Scob. 
 42. And a question for a second reading, determined 
 negatively, is a rejection without farther question. 4 
 Grey 149. And see Elsynge's Mcmor. 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 oth- 
 er, 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 ques- 
 tion in effect twice over. Not so in questions of amend- 
 ments between the two houses. A motion to recede be- 
 ing negatived, does not amount to a positive vote to insist, 
 because there is another alternative, to wit, to adhere. 
 
 A bill originating in one house, is passed by the other 
 with an amendment. A motion in the originating house 
 to agree to the amendment is negatived. Does there re- 
 sult from this a vote of Disagreement, or must the ques- 
 tion on disagreement be expressly voted? The questions 
 
The Question. 153 
 
 respecting amendments from another house are, 1. To 
 agree. 2. Disagree. 3. Recede. 4. Insist. 5. Adhere. 
 1st. To agree. > Either of these concludes the other 
 2d. To disagree. ) necessarily : for the positive of either 
 is exactly the equivalent of the negative of the 
 other, and no other alternative remains. On eith- 
 er motion amendments to the amendment may be 
 proposed, e. g. if it be moved to disagree, those 
 who are for the amendment have a right to pro- 
 pose amendments, and to make it as perfect as 
 they can, before the question of disagreeing is put. 
 3d. To recede. You may then either insist or adhere. ^ 
 4th. To insist. You may then either recede or adhere, f 
 5th. To adhere. You may then either recede or in- 
 sist. J 
 
 Consequently the negative of these is not equivalent to 
 a positive vote the other way. It does not raise so ne- 
 cessary an implication as may authorise the secretary by 
 inference to enter another vote : for two alternatives still 
 remain, either of which may be adopted by the house. 
 
 SECTION XLIII. 
 
 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. 
 Scab. 23. 2 Hats. 73. 
 
 But in small matters, and which are of course, such as 
 receiving petitions, reports, withdrawing motions, reading 
 papers, &c. the speaker most commonly supposes the 
 consent of the house, where no objection is expressed, 
 and does not give them the trouble of putting the question 
 formally. Sco'l. 22. 2 Hats. 79, 2, 87. 6 Grey 129. 9 Grey 
 301. 
 
 O 
 
154 Bills, Third Reading. 
 
 SECTION XLIV. 
 
 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, llokcw. 153. 
 
 The usage of the senate of the United States is not to 
 put bills on their passage till noon. 
 
 A bill reported and passed to the third reading cannot 
 on that day be read the third time and passed : because 
 this would be to pass on two readings in the same day. 
 
 Every bill shall receive three several readings, previ- 
 ous to its being passed; and the second and third reading 
 shall be on different days : and the third reading shall 
 be on a day subsequent to that on which it has passed a 
 committee of the whole house, unless the house unani- 
 mously direct otherwise. R. of A. 23. 
 
 The final reading of all bills which require the sanc- 
 tion of a constitutional majority, shall be had on Tues- 
 day or Friday in every week, and on no other days, until 
 otherwise ordered, except by unanimous consent. R. of 
 A. 49. 
 
 That hereafter, the final question on the passage of any 
 bill appropriating the public monies, or property, for lo- 
 cal or private purposes, or creating, continuing, altering 
 or renewing any body politic or corporate, shall betaken 
 by a division: and unless eighty-six members shall vote 
 in the affirmative, the bill shall be declared lost ; and the 
 speaker shall certify upon all such bills which shall so 
 pass, that two-thirds of ail the members elected to this 
 house, voted in favor of the same. R. of A. 46. 
 
 That the final question on the passage of any bill, re- 
 quiring a constitutional majority of this house, shall not 
 be deemed to be decided, unless eighty-six members are 
 present, and vote on the question. R. of A. 50. 
 
 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, or those 
 who prepared a bill, prepared also a breviate or summary 
 
Bills, Third Reading. 155 
 
 statement of its contents, which the speaker read when 
 In- declared the state of the bill, at the several readings. 
 Sometimes, however, lie read the bill itself, especially 
 on its passage. Ha/cew. 136, 137, 153. Coke 22, 115. 
 Latterly, instead of this, he, at the third reading, states 
 the whole 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 that, &c." 
 
 But in the senate of the United States and in the as- 
 sembly of New-York, both of these formalities are dis- 
 pensed with ; the breviate presenting but an imperfect 
 view of the bill, and being capable of being made to pre- 
 sent a false one : and the full statement being an useless 
 waste of time, immediately after a full reading by the 
 clerk : and especially as every member has a printed 
 copy of every important bill in his hand. 
 
 A bill on the third reading, is not to be committed for 
 the matter or body thereof; but to receive some particu- 
 lar clause or proviso, it hath been sometimes suffered, but 
 as a thing very unusual. Haktw. 156. thus 27 EL 1584. 
 a bill was committed on the third reading, having been 
 formerly committed on the second, but is declared not 
 usual. D'Ewes 337. col 2, 414, col 2. 
 
 When an essential provision has been omitted, rather 
 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. El- 
 synge's Memorials 59. 6 Grey 335. 1 Blackst. 183. For 
 examples of ryders see 3 Hats. 121, 122, 124, 126. Ev- 
 ery 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 the 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- 
 sions erasures or interlineations. Sometimes a proviso 
 has been cut off from a bill; sometimes erased. 9 Grct/ 
 513. 
 
15(J Division of the House. 
 
 This is the proper stage for filling up blanks!; for f 
 filled up before, and now altered by erasure, it would be 
 peculiarly unsafe. 
 
 At this reading the bill is debated afresh, and for the 
 most part is more spoken to, at this time, than on any of 
 the former readings. Hakew. 153. 
 
 The debate on the question whether it should be read 
 a third time, has discovered to its friends and opponents 
 the arguments on which each side relies, and which of 
 these appear to have influence with the house ; they have 
 had time to meet them with new arguments, and to put 
 their old ones into new shapes. The former vote has 
 tried the strength of the first opinion, and furnished 
 grounds to estimate the issue ; and the question now of- 
 fered for its passage, is the last occasion which is ever to 
 be offered for carrying or rejecting it. 
 
 When the debate is ended, the speaker, holding the 
 bill in his hand, puts the question for its passage by say- 
 ing, "Gentlemen, all you who are of opinion that this 
 bill shall pass, say aye," and after the answer of the 
 ayes, " All those of the contrary opinion say no." 
 Hakew. 154. 
 
 After the bill is passed, there can be no further altera- 
 tion of it in any point. Hakew. 159. 
 
 SECTION XLV. 
 
 DIVISION OP THE HOUSE. 
 
 The affirmative and negative of the question having 
 been both put and answered, the speaker declares whe- 
 ther the yeas or nays have it by the sound, if he be him- 
 self satisfied, and it stands as the judgment of the house. 
 But if he be not himself satisfied which voice is the great- 
 er, or if, before any other member comes into the house, 
 or before any new motion made, (for it is too late after 
 that,) any member shall rise and declare himself dissat- 
 isfied with the speaker's decision, then the speaker is to 
 divide the house. Scob.%1. 2 Hats. 140. 
 
 When the house of commons is divided, the one party 
 goes forth, and the other remains in the house. This 
 
Division of the. House. \ -">"/ 
 
 has made it important which go forth, and which remain ; 
 because the latter gain all the indolent, the iiidilli-reiii. 
 and inattentive. Their general rule therefore is, that 
 those who give their votes for the preservation of the or- 
 ders of the house, shall stay in, and those who are for 
 introducing any new matter or alteration, or proceeding 
 contrary to the established course, are to go out. But 
 this rule is subject to many exceptions and modifications. 
 2 Hats. 134. 1 Rush. p. 3. fol. 92. 8r.ob. 43, 5:2. Co. 12, 
 116. D'Etocs 505. col. 1. Mem. in Hakcw. 25, 29. as 
 will appear by the following statement of who go forth. 
 
 Petition that it be received,* ) . 
 
 Read. } A - ves - 
 
 Lie on the table, \ 
 
 Rejected after refusal to lie on > Noes. 
 
 the table. j 
 
 Referred to a committee, or ) . 
 
 farther proceeding, ] ? ei 
 
 Bill that it be brought in, 
 
 Read 1st or 2d time, 
 
 Engrossed, or read 3d 
 
 tme, 
 
 > Ayes. 
 
 Proceeding on every other 
 
 stage, 
 
 Committed, 
 To committee of the whole, Noes. 
 To a select committee, Ayes. 
 
 Report of bill to lie on table, Noes, 
 Be now read, \ 
 
 Be taken into consideration 3 > Ql 
 
 months hence, j 3 L ' J ' 
 
 Amendments be read a 2d time, Noes. 
 Clause offered on report of "} 
 
 bill be read 2d time, 1 Ayes. 
 
 For receiving a clause, f 334. 
 
 With arnendm'ts be engrossed, j 395. 
 
 That a bill be now read a 3d time, Noes. 398. 
 Receive a ryder, \ 200. 
 
 Pass, >Ayes. 259. 
 
 Be printed, 
 
 * Noes 9 Grey 3G5. 
 O2 
 
158 
 
 Division of the House. 
 
 344, 
 
 Committees. That A take the 
 
 chair, 
 To agree to the whole or any 
 
 part of report, 
 That the H. do now resolve 
 
 into committee, 
 Speaker. That he now leave J>Noes. 
 
 the chair, after order to 
 
 go into committee, 
 That he issue warrant for a 
 
 new writ, 
 Member. That none be ab- 
 
 sent without leave, 
 Witness. That he be further 
 
 examined, 
 Previous question, 
 Blanks. That they be filled 
 
 with the largest sum, 
 Amendments. That words 
 
 stand part of 
 Lords. That their amend- 
 
 ment be read a 2d time, 
 Messenger be received, 
 Orders of day to be now read, 
 
 if before 2 o'clock, 
 
 If after 2 o'clock, 
 Adjournment, till the next sit- 
 ting day, if before 4 
 o'clock. 
 
 if after 4 o'clock, 
 Over a sitting day, (unless a 
 
 previous resolution,) 
 Over the 30th of January, 
 For sitting on Sunday or any 
 
 other 'lay, not being a sit- 
 
 ting day, 
 
 The one party being gone forth, the speaker names 
 two tellers from the affirmative, and two from the nega- 
 tive side, who first count those sitting in the house, and 
 report the number to the speaker. Then they place 
 themselves within the door, two on each side, and count 
 
Division of the House. 159 
 
 those who went forth, as they come in, and report the 
 number to the speaker. Mem. in Ilakew. 26. 
 
 A mistake in the report of the tellers may be rectified 
 after the report made. 2 Hats. 145. note. 
 
 But in both houses of congress, and in the assembly 
 of New-York, all these intricacies are avoided. The ayes 
 first rise and are counted, standing in their places, by the 
 president or speaker. Then they sit, and the noes rise- 
 aiid are counted in like manner. 
 
 In the U. S. senate, if they be equally divided, the 
 vice-president announces his opinion, which decides. In 
 assembly of New-York, the speaker exercises a like 
 power. 
 
 By the llth rule of the U. S. senate, when the yeas 
 and nays shall be called for by one fifth of the members 
 present, each member called upon, shall, unless for spe- 
 cial reasons he be excused by the senate, declare openly 
 and without debate, his 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 alpha- 
 betically. 
 
 When it is proposed to take the vote by yeas and nays, 
 the president or speaker states, that " the question is, 
 whether e. g. the bill shall pass ? that it is proposed that 
 the yeas and nays shall be entered on the journal. Those 
 therefore who desire it will rise." If he finds and de- 
 clares that one fifth have risen, he then states that "those 
 who are of opinion that the bill shall pass are to answer 
 in the affirmative, those of the contrary opinion in the 
 negative." The clerk then calls over the names alpha- 
 betically, notes the yea or nay of each, and gives the 
 list to the president or speaker, who declares the result. 
 In senate of U. S. if there be an equal division, the 
 secretary calls on the vice-president, and notes his affir- 
 mative or negative, which becomes the decision of the 
 house. 
 
 In assembly, upon a division, either in the house, or in 
 committee of the whole house, the names of those who 
 vote for, and those who vote against the question, shall 
 be entered upon the minutes, if any ten members require 
 it. R. of A. 30. 
 
 That in all cases where a bill, order, resolution, or mo- 
 
160 Division of the, House. 
 
 tion, shall be entered on the journals of this house, the 
 name of the member moving the same shall also be en- 
 tered on the journals. R. of A. 37. 
 
 The clerk calls over the names, enters down the votes, 
 tells them over and declares the result of the vote. 
 
 If the house is equally divided, the speaker gives the 
 casting vote which is noted accordingly. 
 
 The speaker shall not vote in any case, unless where 
 the vote shall be by ballot ; or when the house shall be 
 equally divided ; or when his vote added to the minority, 
 shall make an equal division; and In case of such equal 
 division, the question shall be lost. R. of A. 4. 
 
 In the house of commons, every member must give his 
 vote the one way or the other. Scob. 24. as it is not per- 
 mitted to any one to withdraw who is in the house when 
 the question is put, nor is any one to be told in the division 
 who was not in when the question was put. 2 Hats. 140. 
 
 This last position is always true when the vote is by 
 yeas and nays ; where the negative as well as affirm- 
 ative of the question is stated by the president at the same 
 time, and the vote of both sides begins and proceeds pari 
 passu. It is true also when the question is put in the usual 
 way, if the negative has also been put. But if it has not, 
 the member entering, or any other member, may speak, 
 and even propose, amendments by which the debate may 
 be opened again, and the question be greatly deferred. 
 And as some who have answered aye, may have been 
 changed by the new arguments, the affirmative must be 
 put over again. If then the member entering may, by 
 speaking a few words, occasion a repetition of the ques- 
 tion it would l:e useless to deny it on his simple call for it. 
 
 While the house is telling, no member may speak, or 
 move out of his place; for if any mistake be suspected, 
 it must be told again. Mem. in Hakew. 26. 2 Hats. 143. 
 
 Every member who shall be present when a question 
 is stated from the chair, shall vote for or against the same, 
 unless the house shall excuse him, or unless he be imme- 
 diately interested in the question ; in which case he shall 
 not vote ; but no member shall be permitted to vote upon 
 any question, unless present when his name is called upon 
 a division in its regular order. R. of A. 18. 
 
 If any difficulty arises in point of order during the di- 
 
Reconsideration. 101 
 
 vision, the speaker is to decide peremptorily, subject to 
 the future censure of the house if irregular. He some- 
 times permits old experienced members to assist him with 
 their advice, which they do, sitting in their seats, covered, 
 to avoid the appearance of debate ; but this can only be 
 with the speaker's leave, else the division might last sev- 
 eral hours. 2 Hats. 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. Hakew. 93. But 
 if the house be equally divided " semper presumatur pro 
 negante ;" that is, the former law is not to be changed 
 but by a majority. Town. col. 134. 
 
 But in the senate of the United States, the vice-presi- 
 dent decides, when the house is divided. Constitution 
 United States I. 3. 
 
 When from counting the house on a division, it ap- 
 pears that there is not a quorum, the matter continues 
 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 having 
 said yea, may afterwards sit and change his opinion 1 a 
 precedent was remembered by the speaker, of Mr. Mor- 
 ris, attorney of the wards in 39 Eliz. who in like case 
 changed his opinion. Mem. in Hakeic. 27. 
 
 SECTION XLVI. 
 
 RECONSIDERATION. 
 
 When a question, in senate of the U. S. has been once 
 made and carried in the affirmative, or negative, it shall 
 be in order for any member of the majority, to move for 
 the reconsideration thereof. Rule 22. 
 
 1798, January. A bill on its second reading, being 
 amended, and on the question whether it shall be read a 
 third time negatived, was restored by a decision to re- 
 consider that question. Here the votes of negative and 
 reconsideration, like positive and negative quantities in 
 equation, destroy one another, and are as if they wer 
 
162 Reconsideration. 
 
 expunged from the journals. Consequently the bill is 
 open for amendment, just so far as it was the moment 
 preceding the question for the third reading. That is to 
 say, all parts of the bill are open for amendment, except 
 those on which votes have been already taken in its pre- 
 sent stage. So also it may be recommitted. 
 
 The rule permitting a reconsideration of a question 
 affixing to it no limitation of time or circumstance, it 
 may be asked whether there is no limitation ? If, after 
 the vote, the paper on which it is passed has been parted 
 with, there can be no reconsideration: as if a vote has 
 been for the passage of a bill, and the bill has been sent 
 to the other house. But where the paper remains, as on 
 a bill rejected ; when, or under what circumstances does 
 it cease to be susceptible of reconsideration 1 This re- 
 mains to be settled: unless a sense that the right of re- 
 consideration is a right to waste the time of the house in 
 repeated agitations of the same question, so that it shall 
 never know when a question is done with, should induce 
 them to reform this anomalous proceeding. 
 
 No motion for re-consideration shall be in order, unless 
 on the same day or clay following that on which the de- 
 cision proposed to be re-considered took place, ttor un- 
 less one of the majority shall move such re-considera- 
 tion. A motion for re-consideration being put and lost, 
 shall not be renewed, nor shall any subject be a second 
 time re-considered without unanimous consent. JR. of 
 A. 34. 
 
 A motion to reconsider the vote upon the final passage 
 of any bill, requiring the assent of two-thirds of all the 
 members elected to this house, shall be made by a mem- 
 ber who voted against the bill; and two-thirds of the 
 members present shall be required to reconsider the 
 same. R. of A. 54. 
 
 Notice of such intended reconsideration ought to be 
 given in the house, as soon after the decision of the point 
 about which the reconsideration is to be moved, as posi- 
 ble ; otherwise the subject matter may be beyond the 
 reach of the house, by being sent to the senate or other- 
 wise. 
 
 In parliament, a question once carried, cannot be 
 questioned again at the same session ; but must stand 
 
Reconsideration. 1 03 
 
 as the judgment of the house. Town. col. 67. Mcui. in 
 
 7/. >,r. 3;>. And a bill once rejected, another of the 
 
 substance cannot be brought in again iiie sari 
 
 'J9'2. But this do 
 
 tend to prevent putting' the same quo-tit;:, m difu-n nt 
 - of a iiiil ; hi-iM'.ise every stage of a bill submits tlie 
 whole and every part of it to the opinion of the house, 
 as open for amendment, either by insertion or omission, 
 though the same amendment has been accepted or re- 
 jected in a former stage. So in reports of committees, 
 e.g. report of an address, the same question is before the 
 house, and open for free discussion. Town. col. 26. 2 
 H:(t$. 98, 100, 101. So orders of the house, or instruc- 
 tions to committees may be discharged. So a bill, be- 
 gun in one house, sent to the other, and there rejected, 
 may be renewed again in that other, passed and sent 
 back. 76. 92. 3 Hats. 161. Or if, instead of being re- 
 jected, they read it once and lay it aside, or amend it, 
 and put it off a month, they may order in another to the 
 same effect with the same or a different title. Ifakew. 
 97, 98. 
 
 Divers expedients are used to correct the effects of this 
 rule ; as by passing an explanatory act, if any thing has 
 been omitted or ill expressed, 3 Hats. 278. or an act to 
 enforce, and make more effectual an act, &c. or to rec- 
 tify mistakes in an act, &c. or a committee on one bill 
 may be instructed to receive a clause to rectify the mis- 
 takes of another. Thus, June 24, 1685, a clause was 
 inserted in a bill for rectifying a mistake committed by a 
 clerk in engrosssmg a bill of supply. 2 Hats. 194, 6. Or 
 the session may be closed for one, two, three or more 
 days, and a new one commenced. But then all matters 
 depending must be finished, or they fall, and arc to be- 
 gin Je novo. 2 Hats. 94, to 9$. Or a part of the subject 
 may be taken up by another bill, or taken up in a differ- 
 ent way. 6 Grey 304, 316. 
 
 And in cases of the last magnitude, this rule has not 
 been so strictly and verbally observed as to stop indis- 
 pensable proceedings altogether. 2 Hats. 92, 98. Thus 
 when the address on the preliminaries, of peace, in 1782. 
 ecu losv by a majority of one, on account of the 
 importance Of We question, and smalluess of the major- 
 
1G4 Kills from the other house. 
 
 ity, the same question in subtance, though with some 
 words not in the first, and which might change the opin- 
 ion of some members, was brought on again and carried ; 
 as the motives for it were thought to outweigh the objec- 
 tion of form. 2 Hats. 99, 100. 
 
 A second bill may be passed to continue an act of the 
 same session ; or to enlarge the time limited for its exe- 
 cution. 2 Hats. 95, 98. This is not in contradiction to 
 the first act. 
 
 SECTION XLVII. 
 
 BILLS FROM THE OTHER HOUSE. 
 
 When a bill or resolution which shall have passed in 
 f>ne house, is rejected in the other, notice thereof shall 
 be given to the house in which the same may have pas- 
 ed. Joint R. of S. and A. 2. 
 
 Messages from one house to the other, shall be com- 
 municated by the respective clerks of each house, unless 
 the house transmitting the message shall especially direct 
 otherwise. Ib. 3. 
 
 It shall be in the power of either house to amend any 
 amendment made by the other, to any bill or resolution. 
 76. 4. 
 
 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, whether arising out of 
 papers, or from the examination of witnesses, is immedi- 
 ately communicated. SHats. 48. 
 
 SECTION XLVIII. 
 
 AMENDMENTS BETWEEN THE HOUSES. 
 
 When either house, e. . the house of commons, sends 
 a bill to the other, the other may pass it with amend- 
 
Amendments between tJie ITtnufr*. 165 
 
 ments. The regular progression in this case is, that the 
 commons disagree to ihe amendment; the lords insist on 
 it; the commons insist on their disagreement; the lords 
 adhere to their amendment ; the commons adhere 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 necessary for the 
 other to recede or adhere also ; when the matter is usu- 
 ally suffered to fall. 10 Grey 148. Latterly, however, 
 there are instances of their having gone to a second ad- 
 herence. There must be an absolute conclusion of the 
 subject somewhere, or otherwise transactions between 
 the houses would become endless. 3 Hat*. 268, 270. 
 The term of insisting, we are told by sir John Trevor, 
 was then (1679) newly introduced into parliamentary 
 usage, by the lords. 7 Grey 94. It was certainly a 
 happy innovation, as it multiplies the opportunities of 
 trying modifications which mv.y bring 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 respectful 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 ajjree to the same absolutely, or 
 with an amendment. For here the disagreement and re- 
 ceding destroy one another, and the subject stands as be- 
 fore 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 same reason 
 that it cannot send to the other house an amendment 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, be- 
 cause they have, on the question, passed it in that form. 
 9 Grey 353. 10 Grey 240. In senate, March 29, 1793. 
 No- 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. 
 
 P 
 
166 Amendments between the Houses. 
 
 In the case of a money bill, the lords' proposed a- 
 meiulmeots, become by delay, confessedly necessary. 
 The commons, however, refused them, as infringing on 
 their privilege as to money bills ; but they offered them- 
 selves to add to ihe hill a proviso to the same effect, which 
 had no coherence with the lords' amendments ; and in g- 
 ed that it w^as an expedient warranted by precedent, and 
 not unparliamentary, in a case become impracticable 
 and irremediable in any other way. 3 Hats. 256, 266, 
 270, 271. But the lords refused, and the bill was lost. 
 1 Chand. 2S8. A like case, 1 Chand. 311. So the com- 
 mons resolved that it is unparliamentary to strike out at 
 a conference any thing in a bill which hath been agreed 
 and passed by both houses. 6 Grey 274. 1 Chand. 312. 
 
 A motion to amend an amendment from the other 
 house, takes precedence of a motion to agree or disagree. 
 
 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 be- 
 ing only the second and not the third 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 originating house, therefore, is only in the first 
 (U">r<'e, and the amendment to that again by the amend- 
 ing house, is only in the second, to wit, an amendment 
 to an amendment and so admissible. Just so when, on 
 a bill from the originating house, the other, at its second 
 reading, makes an amendment ; on the third reading, this 
 amendment is become the text of the bill, and if an a- 
 mendment to it be moved, an amendment to that amend- 
 ment may also be moved, as being only in the second 
 degree. 
 
 It shall be in the power of either house to amend any 
 amendment made by the other, to any bill or resolution. 
 Joint R. of 8. fy A. 4. 
 
Conferences. 167 
 
 SECTION XLIX. 
 
 CONFERENCES. 
 
 In every case of a difference between the two houses 
 upon any subject of legislation, either house may request 
 a conference, and appoint a committee for that purpose, 
 and the other shall also appoint a committee to confer. 
 The committee shall meet at such hour and place as 
 shall be agreed upon by their chairman, and state to each 
 other, verbally or in writing, as either shall choose, the 
 reasons of their respective houses, and confer freely 
 thereon. And they shall be authorised to report to their 
 respective houses, such modifications or amendments as 
 they may think advisable. Joint R. of 8. and A. 5. 
 
 It shall be in order for either house to recede from any 
 subject matter of difference subsisting between the two 
 houses at any time previous to conference, whether the 
 papers on which such difference has arisen are before 
 the house receding, formally or informally, and that a 
 majority shall govern, except in those cases where two 
 thirds are required by the constitution ; and the question 
 having been put and lost, shall not be again put on the 
 same day, and the reconsideration thereof shall in other 
 respects be regulated by the rules of the respective hous- 
 es. Ib. 6. 
 
 After each house shall have adhered to their disagree- 
 ment, the bill which is the subject of difference, shall be 
 deemed lost, and shall not be again revived during the 
 same session in either house. Ib. 7. 
 
 It is on the occasion of amendments by one house dis- 
 agreed to by the other, that conferences are usually 
 asked ; but they may be asked, 4 Hats. 4, 223, in all 
 cases of difference of opinion between the two houses, 
 on matters depending be ween them. 4 Hats. 4, 5, 7L 
 The request of a conference, however, must always be 
 by the house which is possessed of the papers. 3 Hats. 
 81. 1 Grey 425. 4 Hats. 3, 43. 
 
 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 and delivered, without dc- 
 
I 63 Conferences. 
 
 bale, to the managers of the other house at the confer* 
 ence ; but are not then to be answered. 3 Grey 144. 
 The other house then, if satisfied, vote the reasons satis- 
 factory, or say nothing : if not satisfied, they resolve 
 them not satisfactory, and ask a conference on the sub- 
 ject of the last conference, where they read and deliver 
 in like manner written answers to those reasons. 3 Grey 
 183. They are meant, chiefly, to record the justification 
 of each house to the nation at large, and to posterity, 
 and in proof that the miscarriage of a necessary measure 
 is not imputable to them. 3 Grey 255. At free confer- 
 ences, which are asked after two conferences, 4 Hats. 
 37, 40. the managers discuss, viva voce and freely, and 
 interchange propositions for such modifications as may 
 be made in a parliamentary way, and may bring the sense 
 of the two houses together. The conferees may argue 
 in support of what was done in their house, but not against 
 it, nor assent to any new thing there propounded, till their 
 house be informed and agree to it. 4 Hats. 31, 33. 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. 4 
 Hats. 48. This report cannot be amended or altered, as 
 that of a committee may be. Journ. Sen. 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 papers 
 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 proceed- 
 ing. For, as was urged by the lords on a particular 
 occasion, "it is held vain and below the wisdom of par- 
 liament to reason or argue against fixed resolutions, and 
 upon terms of impossibility to persuade." 3 Hats. 226. 
 So the commons say " an adherence is never delivered 
 at a free conference, which implies 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 resolutions of adhering. It was then affirmed, 
 however, on the part of the commons, that nothing was 
 more parliamentary than to proceed with free conferen- 
 ces after adhering; 3 Hats. 269. and we do in fact see 
 
Conferences. 169 
 
 instances of conferences, or of free conference, asked 
 after the resolution of disagreeing, 3 /fat*. 2.51, 253, 
 260, 286, 291, 316, 349; of insisting, ib. 2*0, 2<><>, 291), 
 319, 322, 355; of adhering, 269, 270, 233, 300; and 
 even of a second or final adherence, 3 Hats. 270. And 
 in all cases of conference asked after a vote of disagree- 
 ment, &c. the conferees of the house asking it, are to 
 leave the papers with the conferees of the other : and in 
 one case, where they refused to receive them, they were 
 left on the table in the conference chamber. Ib. 271, 
 317, 323, 354. 10 Grey 146. 
 
 The commons affirm that it is usual to have two free 
 conferences or more, before either house proceeds to ad- 
 here : because, before that time, the houses have not had 
 the full opportunity of making replies to one another's 
 arguments ; and to adhere so suddenly and unexpectedly, 
 excludes al I possibility of offering expedients. 4 Hats. 330. 
 
 After a free conference, the usage is to proceed with 
 free?conferences, and not to return again to a conference. 
 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. Orel. II. 
 Commons 89. 1 Grey 425. 7 Grey 31. 4 Hats. 20, 46. 
 They are sometimes asked to enquire concerning an of- 
 fence, or default of a member of the other house. 6 Grey 
 181. 1 Chandler 304. Or the failure of the other house 
 to present 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- 
 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 impeach- 
 ment, 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, 387. 7 Grey 80. 8 Grey 210, 255. 1 
 
 P2 
 
170 Messages. 
 
 Torbuck's Deb. 278. 1 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. 
 
 During the time of a conference the house can do no 
 business. As soon as the names of the managers are 
 called over, and they are gone to the conference, the 
 speaker leaves the chair, without any question, and re- 
 sumes it on the return of the managers. It is the same 
 while the managers of an impeachment are at the house 
 of lords. 4 Hats. 47, 209, 288. 
 
 SECTION L. 
 
 MESSAGES. 
 
 Messages between the two 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 the house of representatives, and in the assembly of 
 N. Y. as in parliament, if the house be in committee 
 when a messenger attends, or when any important mes- 
 sage is transmitted, the speaker takes the chair to receive 
 the message, announces the same, and then quits it to 
 return into committee, generally 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 the mes- 
 sage they may be admitted or called in to correct their 
 message. 4 Grey 41. Accordingly, March 13, 1800, 
 the senate of the United States having made two amend- 
 ments 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 the U. S. of their disagreement. This pro- 
 duced a discovery of the mistake. The secretary was 
 sent to the other house to correct his mistake, the cor- 
 rection was received and the two amendments acted on 
 de novo. 
 
Message*. 171 
 
 All bills, resolutions and other messages relative to any 
 particular matter before the legislature, transmitted by 
 either house, are delivered by the clerk of the house 
 sending the message ; the clerk of one house delivers the 
 same to the clerk of the other, informing him of the im- 
 port of the same ; and the first convenient opportunity, 
 unless it be very important, it is communicated to the 
 speaker and by him announced to the house. 
 
 As soon as the messenger who has brought bills from 
 the other house, has retired, the speaker holds the bill 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. flak. 
 178. 
 
 In the assembly, as soon as a bill is received from the 
 senate, the speaker, holding the same in his hand, ac- 
 quaints the house, " that the honourable the senate have 
 passed the bill entitled " an act, fyc. (title) in which bill 
 they request the concurrence of this house." He then 
 delivers them to the clerk, and if no motion or objec- 
 tion is made to the contrary, the bill then has its first 
 reading through, and its " second reading by its title." 
 
 It is not the usage for one house to inform the other 
 by what numbers the bill has 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 altercation. 
 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 
 
172 Assent. 
 
 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 accom- 
 panied 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 declar- 
 ation, 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, 
 afterwards desires that they may be returned, that he 
 may communicate them to the lords. 1 Chandler, 303. 
 
 Each house shall transmit to the other all papers on 
 which any bill or resolution shall be founded. Joint R. 
 ofS. & A. 1. 
 
 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 may have pass- 
 ed. Ib. 2. 
 
 Messages from one house to the other, shall be com- 
 municated by the respective clerks of each house, unless 
 the house transmitting the message shall especially di- 
 rect otherwise. Ib. 3. 
 
 SECTION LI. 
 
 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 enrollment, 
 who see that it is truly enrolled in parchment. When 
 the bill is enrolled, it is not to be written in paragraphs, 
 
Assent. 173 
 
 but solidly and all of a piece, that the blanks between the 
 paragraphs may not give room for forgery. 9 Grey 143. 
 
 When a bill has passed both houses of the legislature, 
 the house last acting on it, notifies its passage to the 
 other, and delivers the bill to the house where it was first 
 brought forward. Then the house, where the bill was 
 brought in, orders the clerk to deliver the same to his 
 excellency the governor. He delivers the same at his 
 council chamber. 
 
 If he thinks it not improper that the same should be- 
 come a law of this state, a memorandum of that import 
 is endorsed upon the bill, and signed by the governor of 
 the state, and dated the day of the approbation thereof. 
 The bill is then deposited among the rolls and records in 
 the office of the secretary of state ; and the said governor, 
 by the secretary of state, notifies by message, the house 
 in which it originated, that he approves the same, of 
 which that house informs the other by message. If he 
 disapprove, he returns it with objections to that house in 
 which it originated ; who are to enter the objections at 
 large on their journals, and to proceed to reconsider it, 
 as set forth in the following section of the constitution 
 of the state of New- York : 
 
 Every bill which shall have passed the senate and as- 
 sembly, shall, before it become a law, be presented to the 
 governor. 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 objections at 
 large on their journal, and proceed to reconsider it. If, 
 after such reconsideration, two-thirds of the members 
 present shall agree to pass the bill, it shall be sent, to- 
 gether with the objections, to the other house, by which 
 it shall likewise be reconsidered; and if approved by 
 two-thirds of the members present, 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 per- 
 sons 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 governor 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 legislature shall, by their adjournment, pro- 
 
174 Journals 
 
 vent its return ; in which case it shall not be a law. 
 Const. Sec. 1. Art. 12. 
 
 SECTION LII. 
 
 JOURNALS. 
 
 Each house shall keep a journal of its proceedings^ 
 and publish the same, except such parts as may require 
 secrecy. Const. Sec. 4. Art. 1. 
 
 Upon a division, either in the house, or in committee 
 of the whole house, the names of those who vote for, and 
 those who vote against the question, shall be entered up- 
 on the minutes, if any ten members require it. R. of 
 ^4. 29. 
 
 Immediately after the speaker shall have taken the 
 chair, the minutes of the preceding day shall be read by 
 the clerk, to the end, that any mistakes therein may be 
 corrected by the house. R. of A. 2. 
 
 That in all cases where a bill, orders, resolutions or 
 motion, shall be entered on the journals of this house, 
 the name of the member moving the same, shall also be 
 entered on the journals. R. of A. 37. 
 
 A brief statement of the contents of each petition, me- 
 morial or paper presented to the house, is entered on 
 the journals. All reports of committees, state officers 
 and messages, and communications from the governor 
 and state officers, &c. entered at length. 
 
 The proceedings of the assembly, when not acting in a 
 committee of the whole, should be entered on the journals 
 concisely, care being taken to detail a true account of 
 the proceedings. 
 
 The titles of bills, and such parts thereof as shall bo 
 affected by proposed amendments, should be inserted on 
 the journals. 
 
 So much of every clause, section or bill, &c. as a di- 
 vision of the house is taken upon, should be entered on 
 the journals at length. 
 
 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, 
 
Journals. 175 
 
 lior introductory to any vote : but when suppressed by 
 the pitvious question, . tit-sin i n.i;,- be Mated, 
 
 in order to introduce ami make intelligible the second.- 
 2 Hats. 83. 
 
 So also when a question is postponed, adjourned, or 
 
 laid 011 the table, the oriLiiiu] quest.cn, thcr..v,h uot yet a 
 
 must be expressed in the journals ^<*IJM it niul-.eB 
 
 pa; t of the vote of postponement, aujournaig or iuyajg 
 
 it on the table. 
 
 Where amendments are made to a question, these 
 amendments arc not printed in the journals separated 
 from the question ; but only the question a- 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 good sense ; as there may be many ques- 
 tions proposed which it may be improper to publish to 
 the world, in the form in which they are made. 2 Hats. 85. 
 
 In both houses of congress all questions whereon t he 
 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 remem- 
 brances. But this is not law. Hob. 110, 111. Lex. 
 Part. 114, 115. Journ. H. C. Mar. 17, 1592. Hale Parl. 
 105. For the lords in their house have power of judica- 
 ture, the commons in their house have power of judica- 
 ture, 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 parliament ; 6 H. 8. c. 16. 
 4 Inst. 23, 24. and every member of the house of com- 
 mons 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 take ;-nd 
 publish votes from them. Being a record, every one may 
 see and publish them. 6 Grey 118, 119. 
 
176 Adjournment. 
 
 On information of a misentry 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, 5. 
 
 SECTION LIII. 
 
 ADJOURNMENT. 
 
 Neither house shall, without the consent of the otjier, 
 adjourn for more than two days. Const. N. Y. Art. I. 
 Sec. 4. 
 
 The two houses of parliament have the sole, separate, 
 and independent power of adjourning each their respec- 
 tive houses. The king has no authority to adjourn them ; 
 he can only signify his desire, and it is in the wisdom 
 and prudence of either house to comply with his requisi- 
 tion, or not as they see fitting. %llats. 232. 1 Blackstone 
 ISO. 5 Grey 122. 
 
 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." 1. 5. And in case of dis- 
 agreement between them with respect to the time of ad- 
 journment, the president may adjourn them to such time 
 as he shall think proper. Constitution II. 3. 
 
 A motion to adjourn simply, cannot be amended as by 
 adding " to a particular day." But must be simply "' that 
 this house do now adjourn ?" and if carried in the affirm- 
 ative, 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 ad- 
 journed to that day. 2 Hats. 82. 
 
 \Vhere it is convenient that the business of the house 
 be suspended for a short time, as for a conference pre- 
 sently 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 an adjournment, it is no ad- 
 journment till the speaker, pronounces it. 5 Grey 137. 
 And from courtesy and respect, no member leaves his 
 place till the speaker has passed on. 
 
A Session. H7 
 
 A motion to adjourn shall be ahvays in order, and shall 
 he decided without debate. R. of A. 12. 
 
 When the house first meet, before they adjourn, two 
 resolutions are necessary ; 1st, to fix a time for the meet- 
 in*;; m next day. 2d to adjourn accordingly. 
 
 When a motion to adjourn is carried, the speaker be- 
 fore he leaves the chair, says, " this house is adjourned 
 until o'clock to-morrow morning," or "until 
 
 o'clock on morning next," as the case may be. 
 
 SECTION LIV. 
 
 A SESSION. 
 
 Parliament have three modes of separation, to wit, by 
 adjournment, by prorogation, or dissolution by the king, 
 or by the efflux of the term for which they were elected. 
 Prorogation or dissolution constitutes there what is cal- 
 led a session, provided some act has passed. In this case, 
 all matters depending before them are discontinued, and 
 at their next meeting are to be taken up de novo, if taken 
 up at all. 1 Blackst. 186. Adjournment, which is by 
 themselves, is no more than a continuance of the session 
 from one day to another, 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. J65. Lex. Parl. 
 <: 2. 1 Ro. Rep. 29. 4 lust. 7, 27, 28. Hutt. 61.1 Mod. 
 2.y2. Ruffh. Jac. L. Diet. Parliament. 1 Blackst. 186. 
 Their whole session is considered in law but as one day, 
 and has relation to the first day thereof. Bro. Abr. Par- 
 liament 86. 
 
 Committees may be appointed to sit during a recess by 
 adjournment, but not by prorogation. 5 (rrey 374. 9 
 Grey 350. 1 Chandler 50. Neither house can continue 
 any portion of itself in any parliamentary function be- 
 yond the end of the session, without the consent of the 
 other two branches. When dene, it is by a bill consti- 
 tuting them commissioners for the particular purpose. 
 
 Congress separate m two ways only, to wit, by ad- 
 Q 
 
178 A Session. 
 
 joumment, or dissolution by the efflux of their time> 
 What then constitutes a session with them 1 A dissolu- 
 tion certainly closes one session, and the meeting oi' the 
 new congress begins another. The constitution author- 
 ises the president " on extraordinary occasions, to con- 
 vene both houses or either of them." I. 3. ll 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 which says, " the congress shall assem- 
 ble 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," 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 adjournment. So far we 
 have fixed landmarks for determining sessions. In oth- 
 er cases, it is declared by the joint vote authorising the 
 president of the senate and the speaker to close the ses- 
 sion on a fixed day, which is usually in the following 
 form : " Resolved, by the senate and house of represent- 
 atives, that the president of the senate and the speaker 
 of the house of representatives be authorised to close the 
 present session by adjourning their respective houses on 
 the day of ." 
 
 In the state of New-York, the senators are elected for 
 four years ; the members of assembly for one only. A 
 session is one year, and commences the first day of Jan- 
 uary. 
 
 The legislature separate in three ways. 1. By ad- 
 journment. 2. By dissolution by the efflux of the term 
 of the members of the assembly, viz: on the last day of 
 December. 3. By prorogation. 
 
 The senate shall consist of thirty-two members. The 
 senators shall be chosen for four years, and shall be free- 
 holders. The asssmbly shall consist of one hundred and 
 twenty-eight members, who shall be annually elected. 
 Const. Art. I. Sc.c. 2. 
 
 The political year shall begin on the first day of Jan- 
 uary ; and the legislature shall every year assemble o 
 
Impeachment. 17U 
 
 the first Tuesday of January, unless a different day shall 
 be appointed by law. Ib. Art. I. Sec. 14. 
 
 The governor shall be general and commander in chief 
 of all the militia, and admiral of the navy of the state. 
 He shall have power to convene the legislature (or the 
 senate only) on extraordinary occasions. He shall com- 
 municate by message to the legislature at every session, 
 the condition of the state ; and recommend such matters 
 to them as he shall judge expedient. He shall transact 
 all necessary business with the officers of government, 
 civil and military. He shall expedite all such measures 
 as may be resolved upon by the legislature, and shall 
 take care that the laws are faithfully executed. He shall, 
 at stated times, receive for his services a compensation 
 which shall neither be increased nor diminished during 
 the term for which he shall have been elected. Ib. Art. 
 III. Sec. 4. 
 
 The mode in which the legislature adjourn, is, by 
 adopting a resolution of the following form: viz: 
 
 Resolved, (if the honorable the senate concur herein) 
 that this legislature will adjourn on the day of 
 
 When it was said above, that all matters depending 
 before parliament, were discontinued by the determina- 
 tion of the session, it was not meant for judiciary cases, 
 depending before the house of lords, such as impeach- 
 ments, appeals and writs of error. These stand contin- 
 ued of course to the next session. JRayn. 120, 381. Rujfh. 
 Jac. L. D. Parliament. 
 
 Impeachments stand in like manner continued before 
 the senate of the United States. In like manner the 
 business of the court of errors of this state is continued 
 before the said court. But any legislative business un- 
 finished at the time of the close of the session, goes for 
 none ; and if any of it is to be again acted upon, it musl 
 be taken up de novo. 
 
 SECTION LV. 
 
 IMPEACHMENT. 
 
 The house of representatives shall have the sole pow- 
 er of impeachment. Cvnst. of the United States, I. 3. 
 
180 Impeachment, 
 
 The U. S. 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 sha^l be convicted without the concur- 
 rence 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 Unit- 
 ed States. But the party convicted shall nevertheless be 
 liable and subject to indictment, trial, judgment and 
 punishment, according to law. Const. U. S. I, 3. 
 
 The president, vice-president, and all civil officers of 
 the United States, shall be removed from office on im- 
 peachment for, and conviction of, treason, bribery, or 
 other high crimes and misdemeanors. Ib. II, 4. 
 
 The trial of crimes, except in cases of impeachment, 
 shall be by jury. Ib. Ill, 2. 
 
 The court for the trial of impeachments, and the cor- 
 rection of errors, shall consist of the president of the 
 senate, the senators, the chancellor, and the justices of 
 the supreme court, or the major part of them ; but when 
 an impeachment shall be prosecuted against the chancel- 
 lor, or any justice of the supreme court, the person so 
 impeached, shall be suspended from exercising his office, 
 until his acquittal ; and when an appeal from a decree in 
 chancery shall be heard, the chancellor shall inform the 
 court of the reasons for his decree, but shall have no voice 
 in the final sentence ; and when a writ of error shall be 
 brought on a judgment of the supreme court, the justices 
 of that court shall assign the reasons for their judgment, 
 but shall not have a veice for its affirmance or reversal. 
 Const. N. Y. Art. V. Sec. I. 
 
 The assembly shall have the power of impeaching all 
 civil officers of this state for mal and corrupt conduct in 
 office, and for high crimes and misdemeanors ; but a ma- 
 jority of all the members elected shall concur in an im- 
 peachment. Before the trial of an impeachment, the 
 members of the court shall take an oath or affirmation, 
 truly and impartially to try and determine the charge in 
 question, according to evidence ; and no person shall be 
 convicted without the concurrence of two-thirds of tliQ 
 
ftopeachntent. 11 
 
 members present. Judgment, in cases of impeachment, 
 shall not extend farther than the removal from office, and 
 disqualification to hold, and enjoy, any office of honor, 
 trust, or profit, under this state ; but the party convicted 
 shall be liable to indictment, and punishment, according 
 to law. Ib. Sec. 2. 
 
 No person shall be held to answer for a capital, or 
 otherwise infamous crime, (except in cases of impeach- 
 ment, and in cases of the militia, when in actual ser\ ice, 
 and the land and naval forces in time of war, or which 
 this state may keep, with the consent of congress, in 
 time of peace, and in cases of petit larceny, under the 
 regulation of the legislature,) unless on presentment or 
 indictment of a grand jury ; and in every trial on impeach- 
 ment or indictment, the party accused shall be allowed 
 counsel as in civil actions. No person shall be subject, 
 for the same offence, to be twice put in jeopardy of life 
 or limb ; nor shall he be compelled in any criminal case, 
 to be a witness against himself; nor be deprived of liie, 
 liberty, or property, without due process of law : Nor 
 shall private property be taken for public use, without 
 just compensation. Ib* Art. VII. Sec. 7. 
 
 Jurisdiction. The lords cannot impeach any to them- 
 selves, nor join in the accusation, because they are the 
 judges. Seld. Judic. in Parl. 12, 63. (A. work of doubt- 
 ful authority.) 4 Hats. 153, 186. Nor can they pro- 
 ceed against a commoner but on complaint of the com- 
 mons. 76. 84. The lords may not, by the law, try a 
 commoner for a capital offence, on the information of 
 the king, or a private person; because the accused is 
 entitled to a trial by his peers generally ; but on accusa- 
 tion by the house of commons, they may proceed against 
 the delinquent of whatsoever 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 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 r be charged 
 capitally before the lords, even by the commons ; and 
 cites Pitzharris's case, 1681, impeached of high treason, 
 where the lords remitted the prosecution to the inferior 
 
1 S2 Impeachment. 
 
 court. 8 Grey's Deb. 3257. 2 Wooddeson 601. 570. 
 3 ScM. 1610, 1619, 1641. 4 Blackst. 257. 3 Se/d. 1604, 
 1618, 9, 165G. 4 /ftzfe.200 et passim contra. 
 
 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 reso- 
 lution 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 delin- 
 quent may be sequestered from his seat, or be commit- 
 ted, or that the peers will take order for his appearance, 
 Sachcv. Trial 325. 2 Wood. 602, 605. Lords 1 Journ. 3 
 June, 1701. 1 Wms.GlQ. 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. Scld. 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 speaking, 
 the particular words need not be specified. Sach. Tr. 
 325. 2 Wood. 602, 605. Lords' Journ. 3 June, 1701. 1 
 Wms. 616. 
 
 Appearance. If he appears, and the case be capital, 
 he answers in custody ; though not if the accusation be 
 general. He is not to be committed but on special accu- 
 sations. If it be for a misdemeanor only, he answers a 
 lord in his place, a commoner at the bar, and not in cus- 
 tody, unless, on the answer, the lords find cause to com- 
 mit him, till he finds sureties to attend, and lest he should 
 fly. Seld.Jud. 98, 99. 4 Hats. 176, 185. A copy of the 
 articles is given him, and a day fixed for his answer. T. 
 Ray. I Rushw. 268. Post. 232*. 1 Clar. Hist, of the Reb. 
 379. On a misdemeanor, his appearance may be in per- 
 son, or he may answer in writing, or by attorney. Scld. 
 Jud. 100. The general rule on accusation for a misde- 
 meanor is, that in such a state of liberty or restraint as 
 the party is when the commons complain of him, in such 
 
Impeachment. 183 
 
 he is to answer. Ib. 101. If previously committed by the 
 commons, he answers as a prisoner. But this may be 
 called in some sort judiciimi parium suorum. Ib. In 
 misdemeanors, the party has a right to counsel by the 
 common law ; but not in capital cases. Seld. Jud. 102...5. 
 
 Answer. The answer need not observe great strictness 
 of form. He may plead guilty as to part, and defend as 
 to the residue ; or, saving all exceptions, deny the whole, 
 or give a particular answer to each article separately. 
 1 Rush. 274.2 Rush. 1374. 12 Parl. Hist.Mb. 3 Lords' 
 Journ. 13 Nov. 1643. 2 Wood. 607. But he cannot plead 
 a pardon in bar to the impeachment. 2 ^Vood. 615. 2 
 JSt. Tr. 735. 
 
 Replication, Rejoinder, &c. There may be a repli- 
 cation, rejoinder, &c. Seld, Jud. 114. 8 Grey's Deb. 233. 
 Sachev. Tr. 15. Journ. H. of Com. 6 March, 1640.... 1. 
 
 Witnesses. The practice is to swear the witnesses in 
 open house, and then examine them there : or a commit- 
 tee may be named, who shall examine them in committee, 
 either on interrogatories agreed on in the house, or such 
 as the committee in their discretion shall demand. Seld 
 Jud. 120, 123. 
 
 Jury. In the case of Alice Pierce, 1 R. 2. a jury was 
 impanneled for her trial before a committee. Seld. Jud. 
 123. But this was on a complaint, not on impeachment 
 by the commons. Seld. Jud. 163. It must also have 
 been for a misdemeanor only, as the lords spiritual sat in 
 the case, which they do on misdemeanors, but not in 
 capital cases. Ib. 148. The judgment was a forfeiture 
 of all her lands and goods. Ib. 188. This, Selden says, 
 is the only jury he finds recorded in parliament for mis- 
 demeanors : but he makes no doubt, if the delinquent 
 doth put himself on the trial of his country, a jury ought 
 to be impanneled, and he adds, that it is not so on im- 
 peachment by the commons ; for they are in loco pro- 
 prio, and there no jury ought to be impanneled. Ib. 124. 
 The Ld. Berkely, 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 waved his peerage, and was tried 
 by a jury of Gloucestershire and Warwickshire. Ib. 125. 
 But 4. Hats. 73, says he was a commoner, and that there 
 
184 Impeachment. 
 
 was no waiver of privilege. In 1 H. 7. the commoners 
 protest that they are not to be considered as parties to 
 any judgment given, or hereafter to be given in parlia- 
 ment. Ib. 133. They have been generally, and more 
 justly, considered, as is before stated, as the grand jury. 
 For the conceit of Selden is certainly not accurate, that 
 they are the patria sua of the accused, and that the lords 
 do only judge, but not try. It is undeniable that they 
 do try. For they examine witnesses as to the facts, and 
 acquit or condemn, according to their own belief of them. 
 And lord Hale says " the peers are judges of law as well 
 as of fact." 2 Hale. P. C. 275. Consequently of fact as 
 well as of law. 
 
 Presence of commons. The commons are to be pre- 
 sent at the examination of witnesses. Seld. Jud. 124. 
 Indeed they are to attend throughout, either as a com- 
 mittee of the whole house, or otherwise, at discretion, 
 appoint managers to conduct the proofs. Rush. Tr. of 
 Straff. 37. Com. Journ. 4 Feb. 1709....10. 2 Wood. 614. 
 And judgment is not to be given till they demand it. Scld. 
 Jud. 124. But they are not to be present on impeach- 
 ment when the lords consider of the answer or proofs, and 
 determine of their judgment. Their presence however 
 is necessary at the answer and judgment in cases capital, 
 ib. 158, 159, as well as not capital. 162. The lords de- 
 bate 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 Wood 612. 
 
 Judgment. Judgments in parliament for death have 
 been strictly guided per legem terras, which they cannot 
 alter ; and not at all according to their discretion. They 
 can neither omit any part of the legal judgment, nor add 
 to it. Their sentence must be secundum, non ultra le- 
 gem. Seld. Jud. 168, 171. This trial, though it varies 
 in external ceremony, yet differs 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 exe- 
 cution against too powerful delinquents. The judg- 
 
Impeachment. 185 
 
 incut therefore is to be such as is warranted by legal 
 principles or precedents. 6 Sta. Tr. 14. 2 Wood. 611. 
 The chancellor gives judgments in misdemeanors ; the 
 lord high steward formerly in cases of life and death. 
 Sdd. Jud. 180. But now the steward is deemed not ne- 
 cessary. Post. 144. 2 Wood. 613. In misdemeanors, 
 the greatest corporal punishment hath been imprison- 
 ment. Scld. Jud. 184. The king's assent is necessary 
 in capital judgments, (but 2 Wood. 614, contra) but not 
 in misdemeanors. Sdd. Jud. 136. 
 
 Continuance. An impeachment is not discontinued by 
 the dissolution of parliament ; but may be resumed by 
 the new parliament. T. Ray. 383. 4 Com. Journ. 23 
 Dec. 1790. Lords 1 Journ. May 16. 1791. 2 Wood. 618. 
 
FOR CONDUCTING BUSINESS 
 
 IN THE 
 
 SENATE 
 
 OP THE 
 
 UNITED STATES. 
 
 1. The President having taken the chair, and a quo- 
 tum 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 reading, 
 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 senate. 
 
 5. When two mejnbers rise at the same time, the pre- 
 sident shall name the person to speak ; but in all cases 
 the member first rising shall speak first. 
 
 6. When a member shall be called to order, he shall 
 sit down until the president shall have determined whe- 
 ther he is in order or not ; and every question of order 
 shall be decided by the president without debate ; but if 
 there be a doubt in his mind, he may call for the sense of 
 the senate. 
 
 7. If the member be called to order for words spoken, 
 the exceptionable words shall immediately be taken down 
 in writing, that the president 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 obtained. 
 
Rules of the Senate of the United States. 187 
 
 And in case a less number than a quorum of the sen- 
 ate shall convene, they are hereby authorised to send 
 the sergeant-at-arms, or any other person or persons by 
 them authorised, 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 shall 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 con- 
 tingent fund. And this rule shall apply as well to the 
 first convention of the senate at the legal time of meet- 
 ing, as to each day of the session, alter the hour has ar- 
 rived 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 seconded, it 
 shall be reduced to writing, if desired by the president, 
 or any member, delivered in at the table, and read, be- 
 fore the same shall be debated. 
 
 11. When a question is under debate, no motion shall be 
 received but to adjourn, to lie on the table, to postpone in- 
 definitely, to postpone to a day certain, to commit, or to 
 amend; which several motions shall have precedence in the 
 order they stand arranged ; and the motion for adjournment 
 shall always be in order, and be decided without debate. 
 
 12. If the question in debate contains several points, 
 any member may have the same divided. 
 
 13. In jitting up blanks, the largest sum and longest 
 time shall be Jirst put. 
 
 14. When the reading of a paper is calkd for, and the 
 same is objected to by any member, it shall be determined by 
 a vote of the senate, and without debate. 
 
 15. The unfinished business in which the senate was en- 
 gaged at the last preceding adjournment, shall have the 
 preference in the orders of the day, and no motion on any 
 
 other: business shall be received without special leave of the 
 
 senate, until the former is disposed of. 
 
 16. When the yeas and nays shall be called for by one- 
 fifth of the members present, each member called upon 
 shall, unless for special reason he be excused by the se- 
 nate, declare openly, and without debate, his assent or 
 dissent to the question. In taking the yeas and nays. 
 
188 Rules of the Senate of the United States. 
 
 and upon the call of the house, the names of the mem- 
 bers shall be taken alphabetically. 
 
 17. 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 secrecy, the 
 president shall direct the gallery to be cleared ; and, dur- 
 ing the discussion of such motion, the doors shall remain 
 shut. 
 
 18. 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. 
 
 19. When a question has been once made and carried 
 in the affirmative or negative, it shall be in order for any 
 member of the majority to move for the reconsideration 
 thereof; but no motion for the reconsideration of any 
 vote shall be in order after a bill, resolution, message, 
 report, amendment, or motion upon which the vote was 
 taken, shall have gone out of the possession of the sen- 
 ate, 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. 
 
 20. When the senate are equally divided, the secreta- 
 rv shall take the decision of the president. 
 
 21. All questions shall be put by the president of the 
 senate, either in the presence or absence of the presi- 
 dent of the United States, and the senators shall signify 
 their assent or dissent, by answering viva vocc, aye or no. 
 
 22. The vice-president, or president of the senate pro 
 tempore, shall have the right to name a member to per- 
 form the duties of the chair; but such substitution shall 
 not extend beyond an adjournment. 
 
 23. Before any petition or memorial, addressed to 
 the senate, shall be received and read at the table, wheth- 
 er the same shall be introduced by the president or a 
 member, a brief statement of the contents of the petition 
 or memorial shall verbally be made by the introducer. 
 
 24. One day's notice, at least, shall be given of an 
 intended motion for leave to bring in a bill ; and all bills, 
 after the first reading shall be printed lor the use of the 
 senate. 
 
of the Senate of the United Slate* 1 ^ 
 
 25. 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 se- 
 nate unanimously direct otherwise. And all resolutions 
 proposing amendments to the constitution, or to which the 
 approbation and signature of the president may be requi- 
 site, or which may grant money out of the contingent, or 
 any other fund, shall be treated, in all respects, in the in- 
 troduction, and form of proceedings on them, in the senate, 
 in a similar manner with bills. 
 
 26. No bill shall be committed or amended until it shall 
 have been twice read ; after which it may be referred to 
 a committee. 
 
 27. All bills on a second reading shall first be consid- 
 ered by the senate in the same manner as if the senate 
 were in committee of the whole, before they shall be tak- 
 en up and proceeded on by the senate agreeably to the 
 standing rules, unless otherwise ordered. And when the 
 senate shall consider a treaty, bill, or resolution, as in 
 committee of the whole, the vice-president, or president 
 pro tempore, may call a member to fill the chair, during 
 the time the senate shall remain in committee of the 
 whole ; and the chairman so called shall, during such 
 time, have the powers of a president pro tempore. 
 
 28. The final question upon the second reading of every 
 bill, resolution, constitutional amendment, or motion, ori- 
 ginating in the senate, and requiring three readings previ- 
 ous to being passed, shall be " Whether it shall be engross- 
 ed and read a third time ?" And no amendment shall be re- 
 ceived for discussion at the third reading of any bill, reso- 
 lution, amendment, or motion, unless by unanimous con- 
 sent of the members present : but it shall at all times be in 
 order before the final passage of any such bill, resolution, 
 constitutional amendment, or motion, to move its commit- 
 ment, and should such commitment take place, and any 
 amendment be reported by the committee, the said bill, 
 resolution, constitutional amendment, or motion, shail 
 be again read a secdnd time, and considered as in com- 
 mittee of the whole, and then the aforesaid question 
 shall be again put. 
 
 29. The titles of bills, and such parts thereof only as 
 
 R 
 
190 Rules of the Senate of the United States. 
 
 shall be affected by proposed amendments, shall be in- 
 serted on the journals. 
 
 30. The following standing committees, to consist of five 
 members each, shall be appointed at the commencement 
 of each session, with leave to report 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 Indian affairs. 
 
 A committee of claims. 
 
 A committee on the judiciary. 
 
 A committee on the post office and post roads. 
 
 A committee on pensions. 
 
 A committee on the District of Columbia. 
 
 A committee of three members, whose duty it shall be to 
 audit & control the contingent expenses of the senate. 
 
 And a committee, consisting of three members, whose 
 duty it shall be to examine all bills, amendments, 
 resolutions, or motions, before they go out of posses- 
 sion of the senate, and to make report that they are 
 correctly engrossed ; which report shall be entered 
 on the journal. 
 
 31. All committees shall be appointed by the presid- 
 ing officer of the senate. 
 
 32. When nominations shall be made in writing by the 
 president of the United States to the senate, a future day 
 shall be assigned unless the senate unanimously direct 
 otherwise, for taking them into consideration. When 
 the president of the United States shall meet the senate 
 in the senate chamber, the president of the senate shall 
 have a chair on the floor, be considered as the head of the 
 senate, and his chair shall be assigned to the president of 
 the United States. When the senate shall be convened 
 by the president of the United States to any other place, 
 ( the president of the senate and senators shall attend at 
 the place appointed. The secretary of the senate shall 
 also attend to take the minutes of the senate. 
 
Rules of the Senate of the United States. 191 
 
 33. Whenever a treaty shall be laid before the senate 
 for ratification, it shall be read a first time for informa- 
 tion 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 committee 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 propose amendments thereto, either by inserting or by 
 leaving out words; in .which last case, the question shall 
 be, " Shall these words stand as part of the article ?" 
 and in every of the said cases, the concurrence of two- 
 thirds of the senators present shall be requisite to decide 
 affirmatively. And when through the whole, the proceed- 
 ings shall be stated to the house, and questions shall be 
 again severally put thereon for confirmation, or new 
 ones proposed, requiring, in like mariner, 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 in- 
 serting or leaving out words ; in which last case, the 
 question shall be, " Shrill these 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 rat- 
 ification in the form agreed to. 
 
 '34. When an amendment to be proposed to the con- 
 stitution is under consideration, the concurrence of 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. 
 
 35. 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 votes 
 on that side which prevailed in the question, may be at 
 liberty to move for a reconsideration ; and a motion for 
 reconsideration shall be decided by a majority of votes. 
 
 30- All confidential communications made by the pre- 
 
192 Rules of the Senate of the United States., 
 
 sident of the United States, to the senate, shall be by the 
 members thereof kept secret ; arid all treaties which may 
 be laid before the senate shall also be kept secret, until 
 the senate shall, by their resolution, take off the injunc- 
 tion of secrecy. 
 
 37. All information or remarks, touching or concerning 
 the character or qualifications of any person nominated by 
 the president to office, shall be kept secret. 
 
 33. When acting on confidential or executive business, 
 the senate shall be cleared of all persons, except the secreta- 
 ry, the sergeant-at-arms, and door-keeper, or in his absence t 
 the assistant door-keeper. 
 
 39. Extracts from the executive record are not to be 
 furnished but by special order. 
 
 40. Every vote of the senate shall be entered on th0 
 journal, and a brief statement of the contents of each 
 petition, memorial, or paper, presented to the seriate, be 
 also inserted an the journal. 
 
 41. No paper or document shall be printed for the use 
 of the senate, without special order. 
 
 -12. The proceedings of the senate, when they shall 
 act in their executive capacity, shall be kept in separate 
 and distinct books. 
 
 43. The proceedings of the senate, when not acting as 
 in a committee of the whole, shall be entered on the jour- 
 nal as concisely as possible, care being taken to detail a 
 true and accurate account of the proceedings. 
 
 44. Messages shall be sent to the house of representa- 
 tives by the secretary, who shall previously indorse the 
 final determination of the senate thereon. 
 
 45. Messengers are introduced in any state of busi- 
 ness, except while a question is putting, while the yeas 
 and nays are calling, or while the ballots are counting. 
 
 46. When the yeas and nays shall be taken upon any 
 question, in pursuance of the IGth rule for conducting 
 business in the senate, no member shall be permitted, 
 under any circumstances whatever, to vote after the di- 
 vision is pronounced from the chair. 
 
 47. The presiding officer of the senate shall examine 
 and correct the journals before they are read, and shall 
 have the regulation of such parts of the capitol and ite 
 passages as are or may be set apart for the use of the 
 senate and its officers. 
 
> m^ 
 
 FOR CONDUCTING BUSINESS 
 IN THE 
 
 HOUSE OF RE7RESSITCAVXVES 
 
 OF THE 
 
 UNITED STATES. 
 
 Touching the Duty of the Speaker. 
 
 1. He shall take the chair every day precisely at the 
 hour to which the house shall have adjourned on the pre- 
 ceding day ; shall immediately call the members to order, 
 and, on the appearance of a quorum, shall cause the 
 journal of the preceding clay to be read. 
 
 2. He shall preserve decorum and order; may speak 
 to points of order in preference to other members, rising 
 from his seat for that purpose, and shall decide questions 
 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 
 m ij be) say aye ;" and, after the affirmative voice is 
 expressed, " as many as are of the contrary opinion say 
 no." If the speaker doubts, or a division be called for, 
 the house shall divide : those in the affirmative of the 
 question shall first rise from their seats, and afterwards 
 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 affirma- 
 tive, which being reported, he shall then name two oth- 
 ers, 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 ques- 
 tion, " Will the house now consider it ?" shall not be put, 
 
 112 
 
194 Rules and Orders of the House of 
 
 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 direction 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, 
 unless otherwise specially directed by the house, in which 
 ease they shall be appointed by ballot ; and if, upon such 
 ballot, the number required shall not be elected by a ma- 
 jority of the votes given, the house shall proceed to a sec- 
 ond ballot, in which a plurality of votes shall prevail ; 
 and, in case a greater number than is required to com- 
 pose or complete a committee shall have an equal num- 
 ber of votes, the house shall proceed 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 elec- 
 tion ; and when there shall not be such a majority on 
 the first ballot, the ballot shall be repeated until a major- 
 ity 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 sub- 
 prenas, 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 lobby, the speaker, (or chairman of the 
 committee of the whole house,) shall have power to or- 
 der the same to be cleared. 
 
 13. No person, except members of the senate, their 
 secretary, heads of departments, the treasurer, comp- 
 troller* register, auditor, post master-general, president's 
 secretary, chaplains to congress, judges of the United 
 
Representatives of the United States. 195 
 
 States, foreign ministers and their secretaries, officers 
 who, by name, have received, or shall hereafter receive, 
 the thanks of congress for their gallantry and good con- 
 duct displayed in the service of their country, the com- 
 missioners of the navy board, governor, for the time be- 
 ing, of any state or territory in the Union, who may at- 
 tend at the seat of the general government during the ses- 
 sions of congress, and who may choose to avail himself 
 of such privilege, such gentlemen as have been heads of 
 departments, or members of either branch of the legis- 
 lature, and, at the discretion of the speaker, persons 
 who belong to such legislatures of foreign governments 
 as are in amity with the United States, shall be admitted 
 within the hall of the house of representatives. 
 
 14. Stenographers wishing to take down the debates, 
 may be admitted by the speaker, who shall assign such 
 places to them, on the floor or elsewhere, to effect their 
 object, as shall not interfere with the covenience of the 
 house, 
 
 Order of business of the Session. 
 
 15. After six days from the commencement of a sec- 
 ond or subsequent session of any congress, all bills, res- 
 olutions, and reports which originated in this house, and 
 at the close of the next preceding session remained unde- 
 termined, shall be resumed and acted on in the same man- 
 ner as if an adjournment had not taken place. 
 
 Order of business of the day. 
 
 16. As soon as the journal is read, the speaker shall 
 call for petitions from the members of each state, and 
 delegates from each territory, beginning with Maine ; and 
 if, on any day, the whole of the states and territories 
 shall not be called, the speaker shall begin on the next 
 day where he left oft' the previous day. Provided, that, 
 after the first thirty days of the session, petitions shall 
 not be received except on the first day of the meeting 
 of the house in each week. 
 
 17. The petitions having been presented and disposed 
 of, reports, first from the standing, and then from the 
 
196 Rules and Orders of the House of 
 
 select committees, shall be called for, and disposed of. 
 And not more than one hour in each day shall be devot- 
 ed to the subject of reports from committees, and reso- 
 lutions; after which the speaker shall dispose of the bills, 
 messages, and communications, on his table, and then 
 proceed to call the orders of the day. 
 
 The above business shall be done at no other part of 
 the day, except by permission of the house. 
 
 Of Decorum and Debate, 
 
 18. 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. 
 
 19. If any member, in speaking, or otherwise, trans- 
 gress the rules 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 per- 
 mitted 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 called to or- 
 der, he shall be at liberty to proceed ; if otherwise, he 
 shall not be permitted to proceed without leave of the 
 house : and, if the case require it, he shall be liable to 
 the censure of the house. 
 
 20. When two or more members happen to rise at 
 once, the speaker shall name the member who is first to 
 speak. 
 
 21. No member shall speak more than twice to the 
 same question, without leave of tiie house, nor more than 
 once, until every member choosing to speak shall have 
 spoken. 
 
 22. Whilst the speaker is putting any question, or ad- 
 dressing 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, whilst a member 
 is speaking, shall pass between him and the chair. 
 
 23. No member shall vote on any question in the event 
 of which he is immediately and particularly interested; 
 
Representatives of the United States. 197 
 
 or in any case where he was not present when the ques- 
 tion was put. 
 
 24. Upon a division and count of the house on any 
 question, no member without the bar shall be counted. 
 
 25. Every member who shall be in the house when 
 the question is put shall give his vote, unless, the house 
 for special reasons shall excuse him. 
 
 26. 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. 
 
 27. Every motion shall be reduced to writing, if th 
 speaker or any member desire it. 
 
 28. After a motion is stated by the speaker, or read 
 by the clerk, it shall be deemed to be in the possession of 
 the house, but may be withdrawn at any time before a 
 decision or amendment. 
 
 29. When a question is under debate, no motion shall 
 be received but to adjourn, to lie on the table, for the 
 previous question, to postpone to a day certain, to com- 
 mit or amend, to postpone indefinitely ; which several 
 motions, shall have precedence in t^e order in which 
 they are arranged ; and no motion to postpone to a day 
 certain, to commit, or to postpone indefinitely, being 
 decided, shall be again allowed on the same day, and at 
 the same stage of the bill or proposition. A motion to 
 strike out the enacting words of a bill shall have prece- 
 dence of a motion to amend, and, if carried, shall be con- 
 sidered equivalent to its rejection. 
 
 30. 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 fol- 
 lowing 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. 
 
 31. A motion to adjourn shall be always in order af- 
 ter 4 o'clock, P. M. but before that hour it shall not be 
 in order, if there be at the time any question pending be- 
 fore the house ; that, and the motion to lie on the table 
 shall be decided without debate, 
 
198 Rules and Orders of the House of 
 
 32. The previous question shall be in this form ; *' shall 
 the main question be now put ?" It shall only be admit- 
 ted when demanded by a majority of the members pre- 
 sent ; and, until it is decided, shall preclude all amend- 
 ment, and further debate of the main question. 
 
 33. On a previous question there shall be no debate. 
 
 34. When a question is postponed indefinitely, the 
 same shall not be acted upon again during the session. 
 
 35. 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. But a 
 motion to strike out being lost, shall preclude neither 
 amendment, nor a motion to strike out and insert. 
 
 36. Motions and reports may be committed at the pleas- 
 ure of the house. 
 
 37. No motion or proposition on a subject different 
 from that under consideration shall be admitted under 
 colour of amendment. 
 
 38. When a motion has been once made and carried 
 in the affirmative or negative, it shall be in order for any 
 member of the majority to move for the reconsideration 
 thereof, on the same, or the succeeding day. 
 
 39. When the reading of a paper is called for, and the 
 same is objected to by any member, it shall be determined 
 by a vote of the house. 
 
 40. The unfinished business in which the house was 
 engaged at the last preceding adjournment shall have the 
 preference in the orders of the day ; and no motion on 
 any other business shall be received, without special 
 leave of the house, until the former is disposed of. 
 
 41. If a question depending be lost by adjournment of 
 the house, and revived on the succeeding day, no mem- 
 ber who shall have spoken twice on the preceding day 
 shall be permitted again to speak without leave. 
 
 4i2. Every order, resolution, or vote, to which the con- 
 currence of the senate shall be necessary, shall be read 
 to the house, and laid on the table, on a day preceding 
 that in which the same shall be moved, unless the house 
 shall otherwise expressly allow. 
 
 43. Petitions, memorials, and other papers, addressed 
 
Representatives of the United States. 199 
 
 to the house, shall be presented by the speaker, or by a 
 member in his place; a brief statement of the contents 
 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. 
 
 44. A proposition, requesting information from the 
 president of the United States, or directing it to be fur- 
 nished by the head of either of the executive departments, 
 or by the postmaster general, shall lie on the table one 
 day for consideration, unless otherwise ordered by the 
 unanimous consent of the house; and all such proposi- 
 tions shall be taken up for consideration in the order they 
 were presented, immediately after reports are called for 
 from select committees ; and, when adopted, the clerk 
 shall cause the same to be delivered. 
 
 45. Any fifteen members, (including the speaker, if 
 there be one,) shall be authorised to compel the attend- 
 ance of absent members. 
 
 46. Upon calls of the house, or in taking the yeas and 
 nays on any question, the names of the members shall 
 be called alphabetically. 
 
 47. Any member may excuse himself from serving on 
 any committee at the time of his appointment, if he is 
 then a member of two other committees. 
 
 48. No member shall absent himself from the service 
 of the house, unless he have leave, or be sick and unable 
 to attend. 
 
 49. Upon a call of the house, the names of the mem* 
 bers shall be called over by the clerk, and the absentees 
 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 num- 
 ber, be taken into custody as they appear, or may be 
 sent for and taken into custody, wherever to be found, 
 by special messengers to be appointed for that purpose. 
 
 50. When a member shall be discharged from custody 
 and admitted to his seat, the house shall determine whe- 
 ther such discharge shall be with or without paying fees ; 
 and in like manner, whether a delinquent member, taken 
 
200 
 
 Rules and Orders of the House of 
 
 into custody by a special messenger, shall, or shall no! 
 be liable to defray the expense of such special messenger. 
 
 51. A sergeant-at-arms shall be appointed, to hold his 
 office during the pleasure of the house ; whose duty it 
 shall be to attend the house during its sitting ; to execute 
 the commands of the house, from time to time; together 
 with all such process, issued by authority thereof, as 
 shall be directed to him by the speaker. 
 
 52. The fees of the sergeant-at-arms shall be, for eve- 
 ry arrest, the sum of two dollars ; for each day's custedy 
 and releasement, one dollar ; and for travelling expenses 
 for himself or a special messenger, going and returning, 
 one-tenth of a dollar per mile. 
 
 53. Nineteen standing committees shall be appointed 
 at the commencement of each session, viz: 
 
 A committee on the territories, 
 A committee on revolutionary claims, 
 A committee on military pensions, 
 A committee of elections, 
 A committee of ways and means, 
 A committee of cluiim 
 A committee of commerce, 
 A committee on the public lands, 
 A committee on the post office and post roads, To consist of sA- 
 A committee for the District of Columbia, ven members 
 
 A committee on the judiciary, each. 
 
 A committee on public expenditures, 
 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 of rcvisal and unfinished business, \ To consist of 
 and \ three members 
 
 A committee of accounts, each. 
 
 It shall be the duty of the paid committee of elections 
 to examine and report upon the certificates of election or 
 other credentials of the members returned to serve in this 
 
Representatives of the United States. '~JOl 
 
 house, and to take into their consideration all such peti- 
 tions, and other matters touching elections and returns, 
 as shall or may be presented, or come in question, and 
 be referred to them by the house. 
 
 It shall be the duty of the said 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 monies, and to report 
 whether the monies have been disbursed conformably 
 with such laws ; and also to report, from time to time, 
 such provisions and arrangements as may be necessary 
 to add to the economy of the departments, and the ac- 
 countability of their officers. 
 
 In preparing bills of appropriation for other objects, 
 they 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 contains appropriations for carry- 
 ing a treaty into effect, and for other objects, they shall 
 propose such amendments as shall prevent appropria- 
 tions for carrying a treaty into effect being included in 
 the same bill with appropriations for other objects. 
 
 It shall be the duty of the said 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. 
 
 It shall be the duty of the said committee of commerce 
 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. 
 
 It shall be the duty of the said committee on the pub- 
 lic lands to take into consideration all such petitions and 
 
 S 
 
Rules and Orders of the House of 
 
 matters or thhigs 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, together with such proposition for re- 
 lief therein, as to them shall seem expedient. 
 
 It shall be the duty of the committee on the post office 
 and post roads to take into consideration all such peti- 
 tions and matters or things touching the post office and 
 post roads, as shall be presented, or may come in ques- 
 tion and be referred to them by the house ; and to report 
 their opinion thereupon, together with such propositions 
 relative thereto, as to them shall seem expedient. 
 
 It shall be the duty of the committee for the district of 
 Columbia to take into consideration all such petitions, 
 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 thereupon, 
 together with such propositions relative thereto, as to 
 them shall seem expedient. 
 
 It shall be the duty of the said committee on the judi- 
 ciary to take into consideration all such petitions, and 
 matters, or things, touching judicial proceedings, as shall 
 be presented, or may come in question, and be referred 
 to them by the house ; and to report their opinion there- 
 upon, together with such propositions relative thereto, 
 as to them shall seem expedient. 
 
 It shall be the duty of the' said committee on pensions 
 and revolutionary claims to take into consideration all 
 such petitions, and matters, or things, touching military 
 pensions, and, also, claims and demands originating in 
 the revolutionary war, or arising therefrom, as shall be 
 presented, or shall or may come in question, and be re- 
 ferred to them by the house ; and to report their opinion 
 thereupon, together with such propositions for relief 
 therein, as to them shall seem expedient. 
 
 It shall be the duty of the said committee on public ex- 
 penditures to examine into the state of the several public 
 departments, and particularly into laws making appro- 
 priations of monies, and to report whether the monies 
 have been disbursed conformably with such laws ; and, 
 also, to report, from time to time, such provisions, and 
 arrangements, as may be necessary to add to the econo- 
 
Representatives of the United States. 
 
 my of their departments, and the accountability of their 
 officers. 
 
 It shall be the duty of the said 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 thereupon, together 
 with such propositions for relief therein, as to them shall 
 seern expedient. 
 
 It shall be the duty of the said committee of revisal and 
 unfinished business to examine and report what laws 
 have expired, or are near expiring, and require to be re- 
 vived or further continued ; also, to examine and report, 
 from the journal of the last session, all such matters as 
 were then depending and undetermined. 
 
 It shall be the duty of the said committee of accounts 
 to superintend and control the expenditure of the contin- 
 gent fund of the house of representatives, and to audit 
 and settle all accounts which 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 at- 
 tendance in the house. 
 
 It shall be the duty of the said committee on military 
 affairs to take into consideration all subjects relating to 
 the military establishment and public defence, which may 
 be referred to them by the house, and to report their opin- 
 ion thereupon ; and also to report, from time to time, 
 such measures as may contribute to economy and ac- 
 countability in the said establishment. 
 
 It shall be the duty of the said committee on naval af- 
 fairs to take into consideration all matters which concern 
 the naval establishment, and which shall be referred 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 accountability in the 
 said establishment. 
 
 It shall be the duty of the said 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. 
 
 54. Six additional standing committees shall be ap- 
 pointed at the commencement of the first session in each 
 
To consist of 
 
 three members 
 
 each. 
 
 204 Rules and Orders of the House of 
 
 congress, whose duties shall continue until the first ses- 
 sion of the ensuing congress. 
 
 1 . A committee on so much of the public accounts ' 
 and expenditures as relate to the department 
 of state. 
 
 2. A committee on so much of the public ac- 
 counts and expenditures as relate to the treas- 
 ury department. 
 
 3. A committee on so much of the public ac- 
 counts and expenditures as relate to the de- 
 partment of war. 
 
 4. A committee on so much of the public ac- 
 counts and expenditures as relate to the depart- 
 ment of the navy. 
 
 5. A committee on so much of the public ac- 
 counts and expenditures as relate to the post 
 office; and 
 
 6. A committee on so much of the public ac- 
 counts and expenditures as relate to the pub- 
 lic buildings. 
 
 It shall be the duty of the said committees to examine 
 into the state of the accounts and expenditures respect- 
 ively submitted to them, and to inquire arid report par- 
 ticularly 
 
 Whether the expenditures of the respective depart- 
 ments are justified by law: 
 
 Whether the claims from time to time satisfied and 
 discharged by the respective departments are supported 
 by sufficient vouchers, establishing their justness both as 
 to their character and amount : 
 
 Whether such claims have been discharged out of 
 funds appropriated therefor, and whether all monies 
 have been disbursed in conformity with appropriation 
 laws ; and 
 
 Whether any, and what provisions are necessary to 
 be adopted to provide more perfectly for the proper ap- 
 plication of the public monies, and to secure the gov- 
 ernment from demands unjust in their character, or ex- 
 travagant in their amount. 
 
 And it shall be, moreover, the duty of the said coni-> 
 
Representatives of the United States. 29.* 
 
 tnittees to report, from time to time, whether any, and 
 whiii retrenchment can be made in the expenditures 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 payment of monies which 
 may be due to the United States from public defaulters 
 or others, and to report, from time to time, such provis- 
 ions and arrangements as may be necessary to add to the 
 economy of the several departments, and the accounta- 
 bility of their officers. . 
 
 55. The several standing committees of the house 
 shall have leave to report by bill or otherwise. 
 
 56. No committee shall sit during the sitting of the 
 house without special leave. 
 
 57. The clerk of the house shall take an oath for the 
 true and faithful discharge of the duties of his office, to 
 the best of his knowledge and abilities, and shall be 
 deemed to continue in office until another be appointed. 
 
 58. It shall be the duty of the clerk to make and cause 
 to be printed and delivered to each member, at the com- 
 mencement of every session of congress, a list of the re- 
 ports which it is the duty of any officer or department of 
 the government to make to congress ; referring to the act 
 or resolution, and page of the volume of the laws or jour- 
 nal in which it may be contained ; and placing under the 
 name of each officer the list of reports required of him 
 to be made, and the time when the report may be ex- 
 pected. 
 
 59. It shall be the duty of the clerk of the house, at 
 the end of each session, to send a printed copy of the 
 journals thereof to the executive, and to each branch of 
 the legislature of every state. 
 
 60. All questions of order shall be noted by the clerk, 
 with the decision, and put together at the end of the 
 journal of every session. 
 
 61. The clerk shall take care that once a week all the 
 books provided for the use of the house shall be placed 
 in order, according to some fixed arrangement, and make 
 report to the speaker of such books as are missing. 
 
 62. Whenever confidential communications are re- 
 ceived from the president of the United States, the house 
 shall be cleared of all persons except the members, clerk. 
 
 S-2 
 
206 Rules and Orders of the House of 
 
 sergeant-at-arms, and door-keeper, and so continue dttf- 
 ing the reading of such communications, and, (unless 
 otherwise directed by the house,) during all debates and 
 proceedings to be had thereon. And when the speaker, 
 or any other member, shall inform the house that he has 
 communications to make, which he conceives ought to be 
 kept secret, the house shall, in like manner, be cleared 
 till the communication be made ; the house shall then 
 determine whether the matter commuuicated requires 
 secrecy or not, and take order accordingly. 
 
 63. The sergeant-at-arms and the door-keeper shall 
 be sworn to keep the secrets of the bouse. 
 
 64. All questions relating to the priority of business to 
 be acted on, shall be decided without debate. 
 
 Of Bills. 
 
 65. Every bill shall be introduced by motion for leave, 
 or by an order of the house, on the report of the com- 
 mittee ; and, in either case, a committee to prepare the 
 same shall be appointed. In cases of a general nature, 
 one day's notice at least shall be given of the motion to 
 bring in a bill ; and every such motion may be committed. 
 
 66. Every bill shall receive three several readings in 
 the house previous to its passage ; and all bills shall be 
 despatched in order as they were introduced, unless 
 where the house shall direct otherwise; but no bill shall 
 be twice read on the same day, without special order of 
 the house. 
 
 67. The first reading of a bill shall be for information, 
 and, if opposition be made to it, the question shall be, 
 " Shall this bill be rejected ?" If no opposition be made, 
 or if the question to reject be negatived, the bill shall go 
 to its second reading without a question. 
 
 68. Upon the second reading of a bill, the speaker 
 shall state it as ready for commitment or engrossment ; 
 and if committed, then a question shall be, whether to a 
 select or standing committee, or to a committee of the 
 whole house; if to a committee of the whole house, the 
 house shall determine on what day. But if the bill be 
 ordered to be engrossed, the house shall appoint the day 
 when it shall be read the third time. 
 
Representatives of the United States. 207 
 
 69. Not more than three bills originating in this house 
 shall be committed to the same committee of the whole 
 house, and such bills shall be analogous in their nature, 
 which analogy shall be determined by the speaker. 
 
 70. After commitment and report thereof to the house, 
 or at any time before its passage, a bill may be recom- 
 mitted. 
 
 71. All bills ordered to be engrossed shall be executed 
 in a fair round hand. 
 
 72. No amendment, by way of rider, shall be received 
 to any bill on its third reading. 
 
 73. When a bill shall pass, it shall be certified by the 
 clerk, noting the day of its passage at the foot thereof. 
 
 Of Committees of the Whole House. 
 
 74. It shall be a standing order of the day, throughout 
 the session, for the house to resolve itself into a commit- 
 tee of the whole house on the state of the Union. 
 
 75. In forming a committee of the whole house, the 
 speaker shall leave his chair, and a chairman, to preside 
 in committee, shall be appointed by the speaker. 
 
 76. Upon bills committed to a committee of the whole 
 house, the bill shall be first read throughout by the clerk, 
 and then again read and debated by clauses, leaving the 
 preamble to be last considered ; the body of the bill shall 
 not be defaced or interlined, but all amendments noting 
 the page and line, shall be duly entered by the clerk on 
 a separate paper, as the same shall be agreed to by the 
 committee, and so reported to the house. After report, 
 the bill shall again be subject to be debated and amended 
 by clauses, before a question to engross it be taken. 
 
 77. All amendments made to an original motion in 
 committee shall be incorporated with the motion, and so 
 reported. 
 
 78. All amendments made to a report committed to a 
 committee of the whole house shall be noted and reported 
 as in case of bills. 
 
 79. All questions, whether in committee or in the 
 house, shall be propounded in the order in which they 
 were moved, except that, in filling up blanks, the largest 
 sum and longest time shall be first put. 
 
208 Rules and Orders of the House of Representatives. 
 
 80. No motion or proposition for a tax or charge upon 
 the people shall be discussed the day in which it is made 
 or offered, and every such proposition shall receive its 
 first discussion in a committee of the whole house. 
 
 81. No sum or quantum of tax or duty, voted by a 
 committee of the whole house, shall be increased in the 
 house until the motion or proposition for such increase 
 shall be first discussed and voted in a committee of the 
 whole house, and so in respect to the time of its contin- 
 uance. 
 
 82. All proceedings, touching appropriations of money, 
 shall be first discussed in a committee of the whole house. 
 
 83. The rules of proceeding in the house shall be ob- 
 served in a committee of the whole house, so far as they 
 may be applicable, except the rule limiting the time of 
 speaking ; but no member shall speak twice to any ques- 
 tion, until every member choosing to speak shall have 
 spoken. 
 
 84. When the house shall be in committee of the whole 
 upon any subject, the consideration of which shall have 
 been continued from a preceding day, a motion for the 
 committee to rise and report progress shall not be in or- 
 der until 4 o'clock, P. M. unless to ask leave to sit again 
 on a day subsequent to the next succeeding one ; and if 
 upon such motion the committee shall rise and obtain 
 leave to sit again, the further consideration of the subject 
 shall be accordingly postponed, and on the day to which 
 it shall be thus postponed, it shall have precedence of all 
 other orders, except the unfinished business of a pre- 
 ceding day. 
 
 85. No standing rule or order of the house shall be 
 rescinded or changed without one day's notice being 
 given of the motion therefor. Nor shall any rule be sus- 
 pended except by a vote of at least two-thirds of the 
 members present. 
 
 86. It shall be in order for the committee on enrolled 
 bills to report at any time. 
 
JOINT RULES AWD ORDERS 
 
 OP 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 committee for 
 that purpose, and the other house shall also appoint a 
 committee to confer, such committee shall, at a conven- 
 ient 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 doorkeeper, and shall be re- 
 spectfully communicated to the chair, by the person by 
 whom it may be sent. 
 
 3. The same ceremony shall be observed when a mes- 
 sage shall be sent from the house of representatives 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 signature of 
 the secretary or clerk of each house respectively. 
 
 6. After a bill shall have passed both houses, it shall 
 be duly enrolled on parchment by the clerk of the house 
 of representatives, or the secretary of the senate, as the 
 bill may have originated in the one or the other house, 
 before it shall be presented to the president of the Unit- 
 ed States. 
 
 7. When bills are enrolled they shall be examined by 
 a joint committee of one from the senate and two from 
 the house of representatives, appointed as a standing 
 committee for that purpose, who shall carefully compare 
 the enrolment with the engrossed bills, as passed in the 
 
210 Joint Rules and Orders 
 
 two houses, and, correcting any errors that may be dis- 
 covered in the enrolled bills, make their report forthwith 
 to the respective houses. 
 
 8. It shall be the duty of the committee on enrolled 
 bills to correct any error in debate in any engrossed or 
 enrolled bills, and report such correction to the respective 
 houses.* 
 
 9. 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 president of the 
 senate. 
 
 10. 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, certifying in 
 which house the same originated ; which endorsement 
 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. 
 
 11. 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 previous- 
 ly enrolled, examined, and signed, and shall be presented 
 in the same manner, and by the same committee, as pro- 
 vided in cases of bills. 
 
 12. 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 presence 
 of the speaker and both houses. 
 
 13. When a bill, or resolution, which shall have pas- 
 sed in one house, is rejected in the other, notice thereof 
 is to be given to the house in which the same may have 
 passed. 
 
 14. When a bill or resolution, which has been passed 
 in one house, is rejected in the other, it is not brought in 
 
 *Thisrule was adopted by the house of representatives on the 12th 
 of May, 1820. It is not known that the senate have given it their 
 .sanction. 
 
of the two Houses. 211 
 
 during the same session, without a notice of ten days, 
 and leave of two-thirds of that house in which it shall be 
 renewed. 
 
 15. Each house transmits to the other all papers on 
 which any bill or resolution shall be founded. 
 
 16. After each house shall have adhered to their disa- 
 greement, a bill or resolution is lost. 
 
 17. No bill that shall have passed one house shall be 
 gent for concurrence to the other on either of the three 
 last days of the session. 
 
 18. No bill or resolution that shall have passed the 
 house of representatives and the senate, shall be present- 
 ed to the president of the United States, for his approba- 
 tion, on the last day of the session. 
 
i V 
 
UNIVERSITY OF CALIFORNIA 
 LIBRARY 
 
 This is the date on which this 
 boot was charged out. 
 
 1 1912 
 
 [30m-6,'ll] 
 
YB 08439 
 
 ~ 
 
 12. S^f V