THE LEGISLATIVE GUIDE, CONTAINING ALL THE RULES FOR CONDUCTING BUSINESS IN CONGRESS; JEFFERSON'S MANUAL; AND THE CITIZENS' MANUAL, INCLUDING A CONCISE SYSTEM OF RULES OF ORDER FOUNDED ON CONGRESSIONAL PROCEEDINGS: COPIOUS NOTES AND MARGINAL REFERENCES, EXPLAINING THE RULES AND THE AUTHORITY THEREFOR; DESIGNED TO ECONOMIZE TIME AND SECURE UNIFORMITY IN THE PROCEED- INGS OF ALL DELIBERATIVE ASSEMBLIES, 10 OR TH1 WANTS OF EVERY PRIVATE CITIZEN WHO DESIRES TO UNDERSTAND TUB RIGHT WAT TO TRANSACT PUBLIC BUSINESS. BY JOSEPH BARTLETT BURLEIGH, LL, 0. FOURTH EDITION REVISED. PHILADELPHIA: LIPPINCOTT, GRAMBO & CO., 1854. PREFACE. THE Author's attention was first called to the importance of a uniform system of rules for conducting public business, when presiding at the faculty meetings of a University, which were composed of members edu- cated in the different States of the Union, and in different countries of Europe. Questions sometimes arose in reference to the mode of conducting business, respecting which the members entertained various opinions. This led to an examination of works on Parliamentary practice, for there were none based on Congressional proceedings, and it was found that no two books were alike in all respects, that the rules of State Legislatures differed from each other, and from those of Congress, in matters where uniformity would add alike to the convenience of the members and the dispatch of business. There are now more than thirty State Legislatures; each having its separate and distinct forms for conducting public business. After having visited most of those bodies during their sessions, the Author is of the opinion, that much time is needlessly lost for the want of a systematic and uniform standard. No one can doubt but that the will of the majority is often defeated, and public business retarded, for the want of the general diffusion of, and the familiar acquaintance with, correct legislative forms of pro- ceeding. This Guide contains a full set of rules for conducting business in every association, of whatever name or character, from the lowest to the most exalted. By these, a person having properly learned how to conduct the affairs of a small society or meeting of one kind, may know at once how to carry on that much of the proceedings of another body of larger size and greater scope, and a State legislator, on being transferred to Congress, will not be under the disagreeable necessity of unlearning anything he has acquired, and studying a new system of rules for conducting legislative business. Entered, according to the Act of Congress, in the year 1852, by JOSEPH UARTLETT UURLEIOH, In the Clerk's Office of the District Court of the United States for the District of Mary- land. Stereotyped by SLOTE & MOONET, Philadelphia, | Printed by T. K. & P. G. COLLINS. piat CONTENTS. Constitution of the United States 5 Index to the Constitution of the United States 51 References to Judicial Decisions on Constitution of U. S...52 Rules of the House of Representatives of the United States 67 Joint Rules of both Houses of Congress 107 Index to Rules of the Ho. of Reps., and to the Joint Rules.lll Rules for conducting business in the Senate of the U. S...125 Index to the Rules of the Senate of the United States... 137 Jefferson's Manual 147 Index to Jefferson's Manual 193 Citizens' Manual 195 Index to Citizens' Manual (Appendix) 27 A Synopsis of English Legislation 269 " Laws of Naturalization 273 " Proceedings in Elections 275 Holding Elections and Meetings of State Legislatures 280 Census of the United States for 1850 281 European Statistics 287 APPENDIX. Directions for Literary Societies 1 Outlines for Young Debaters 4 Hints for Debating Societies 20 Articles of the Confederation 22 3 DEPARTMENT or STATE. WASHINGTON, OCT. 1, 1850. This is to certify, that Joseph Bartlet Burleigh's Script Edition of the U. S Constitution with the Amendments, has been carefully collated with the originals in the Archives of this Department, and proved to be accurate in the CAPITALS, ORTHOGRAPHY, TEXT, and PUNCTUATION. SECRETARY OF STATE. CHIEF CLERK. DEPARTMENT OF STATE. WASHINGTON, OCTOBER 3, 1850. / have carefully compared Burldgh's Script Edition of the American Constitution and the Amendments appended, with the original manuscript ana the twelve Amendments, IN THE ORDER OF THEIR ADOPTION, and have found that it minutely delineates the original documents, with all their peculiarities. It may be proper to add,' that other Amendments have been proposed, but only the aforesaid twelve have been constitutionally ratified. KEEPER OF THE ARCHIVES. WASHINGTON,- D. C., SEPT. 30, 1850. I have critically compared Burldgh's Script Constitution of the. United States, and all its Amendments, with the original documents deposited at the Department of State, and have found them in every respect alike, even to the minutest particular. PROOF-READER IN THE DEPARTMENT OF STATE. (4) CONSTITUTION OF THE UNITED STATES. THE following Script is an exact copy, in capitals, ortho- graphy, text, and punctuation, of the CONSTITUTION OF THE UNITED STATES OF AMERICA, as proposed by the Convention held at Philadelphia, September 17, 1787, and since ratified by the several States ; with the Amendments thereto. tltf &0fle of t^e United tftatet, in der to fown a move feeijlect ludtice, injure tit'M, fiiovide ffoi trie common defence, feiomote tne a09U*a and Aecaw ne )'e&M,naA c ~v&'U v cn~ 6natt V &t oft a oenate ana off ^ne j tate natt we a five vtino duatt not nave attamea to f tiventu itve ljsea-16,, ana veen V <7 V ' eai6, ana ctaainq> ff A meiation bteaii ve maae witnin tniee j /> j sj y /? aiter- tne vwdt i^keetina oft tne / / S / p/ t'fce ^Ivnitea estates, ana rf /* ^* / a (^u n e^m cjj- / J/ A/ / // , in A-Mciis i^/t'&anney a tf Y) /J/5 y &nai,i> teave at <=&e>a6-t one ^/(iyeTiie&enta- tive ; ana until A-wcn, enwrnevaticn dteaw we wiaae, tue estate off *JYew ^wamfo^ 6-nive bnatt ve entittea to cnuae tniee, ss tf ana Hrwviaence SrtantaticnA. one, necticut dive, ^^/V eut- ItoiTZ &i3>, y-our 1 , c/ e?in?f>t'Va ^avotina five, j outn, ^otlna ive ana y eoiaia en vacancies nan n en i?i ne cn worn, an'U j tate, tne (o ,to tneiecf bnaw i cfenator &nalt nave one^Uote. meaiatetty aiter tn <7 v viea in T&on&eaaence oft tne (otectton, tneu bnaw &e aiviaea // S ' j. */ eqMatf'U a& maw ve into twee i - /> . y c#, . %> tne <^&ea(,6.tata>ie eft ami c/tate, V y j- ?/ j / ' &)P oft tniitw tLeaib, ana veen nine (.Leaw & & 'C not, wn,en etectea, ve an navitant eft tnat jtate ftcr wnicn, ne // / / d we c/io&en. ^f &)) ' ^F d / / f./< Vacancies, how tilled. Qnalifira- tionsofS*- nators. ViceFVew. t A-natt nave no Vl/&fa f unte&& tneu ve eq / uaw / M aiviaea. er- a at&o a ^riebident ana at&o a rieben o o-jf t/ie aent, cr wnen we ^fia^ e&eicide tne e fjenate Anatt nave tne dote ow-ei" to ^w aw itting> for tnat ana at6q> / u / // ff CONSTITUTION OF THE UNITED STATES. 11 tion to nota ana entou ann Uftftice oft /> G7- x^sr s-, / ,/ //?/ nonor, t-/ la&i or c/ ic%i anaer tne ^C^ni= / tea C/tatea : vat tne (zravtu convicted S /> /?# # /? tf- /?/? / # &natr i (> ne / v6itnei'e&.6 ve 'Cia&t'e ana daw wet / to tJ/naictment, fetection6 4or c/en= / S / ana 0\?cfe>te&entative6 , 4na& v-e fae~ / O?* * S */ O? ' / in eacn Jtate fat tne ^&cai6-t'a~ 7 7 tn&ieoft ; vut tne ^jonaiedA maw at . / CP ' S A / time vii* ^&aw matte or alter bacn /? y fl eautationd , excent a<$ to tne / c/enatow. be vzonaie&A 6na^ ab&emv-ie at tea&t once in eveivi ^ilear, ana on aau in QJ)ece^m.-^er unte v-u &atv- afe/ioint a aiftftewnt (QDau. C/ection. 6 '. (oacn (Zs&oit'&e tne taaae oft tne fe'tectiond, Effect o Manner of electing ConerPM assemble annually liow judg- ed. 12 CONSTITUTION OF THE UNITED STATES. Quorum. Absent members. Rules. 1 as and Nars. ana ^luatifficationd off ita own ve^d, ana a 1_Svka1 tne ^oncuiience oft two a *_sm)emv-e'T j . / Journals to be kept and pub- lished acit &&oit'6>e a-nat- -eem a (f lo ojf itd rvoceeaina6, ana %wm> time to V <7 ' V time fiuvtiA.'/*, tne 6-aone, e&cefitina AUCM ad maw in tneir fcuaament ie= 7 #7 ie Cfec^ec / ^^ : ana tne lleaA ana tne two >**#& & jec&on. 6. a6-c6, e&ceSit *J tea&on, ^ ana /< 2Bieac/i> oft tne ^seace, ve faivi wm Qwzw6.t aauna tneir Q/kttenaance // at tne c/eAAion oft tfretr w&fiective tne ve6; t^ut tne senate maw- on on-er or concur /? tn-e cs&ou&e of &&efi>ie6ntative6 ana tne ^senate, &nati, vejloie it v-ecome a ^&aw, v-e fiie&entea to tne zsiebiaent off tn tea estates ; ^Jffne afafaove ne CONSTITUTION OF THE UNITED STATES. If) Man it, vttt iff not ne 6-iiatt letuin it, wit/t, nid 0vtcc'tionA to tnat e a &U tn& ^rie^iaent witnin ten an 6 (c/unaa'U6 except, tea \ afftev it Proceed- ings on bit veto. Bills to DO laws if not retained la ten day* 16 CONSTITUTION OP THE UNITED STATES. Joint or- ders or re- solutions to be ap- proved by the Presi- dent. Powers of Congress bnatt nave veen five&entea to nim, tne Jaine 6.naw we a taw, in tine *_svkan= ner at iff ne naa / a6>e it 6-nati not ve a <=&avv. or to vv-nic'fc tne ^joncwience eft tne jenate ana cywcu&e oft tyvefae&entatwed maw ve v / on(iie&6 6-nat-c nc CONSTITUTION OF THE UNITED STATES. 17 omme^ce wit voieian & v <7 ahond, ana antona tne tevezat crt ana witn, tue J/ncwan an on ne NaturaU- zaliou. Bankrupt- cy. and VUTM. roomer- feitinf , ana uniffoim tne buv-tect off &j an/tiu/itcieA 6n,wii'&n>= out tne fyfcnitea cftatea ; ^/ o coin ^/vkone'U, leaatate tne VVatue tnewoff, ana* off ffoieian ^&oin, ana 4ia> jtanaava off ^reiantt and ^/twea- *J o fiioviae ffor- tne < 2rum&nment off Lay taxes- Pay debta- General welfare- Duties uni. form. Borrow money. 18 CONSTITUTION OP THE UNITED STATES. Inferior courts. Piracies, &o. Post roads. Promote arts and icience. an Declare war, and make cap- tures. Raise ar- mies. tn# cf ecazitied ana cwient r #/ 66e ve6.6 ojl cf ' # V a ud-evwt Q/bvfo, V^M* wcuiina v&r 1 tiwi^ to Q/iowtno-M ana ij/ tw&ive tylyiant to S ana d to o aevtne ana fawnt&'n, t^rtiacieA ana ** / L/> / /? ft? cowitnttcea on wie 'Utg>n, crea6. ana ence6 aaain& ne ojl *JVa= o aeciave ^rar, aiant S taue ana tywefaikat, ana mane e4 conceimna ^atateb on an ana buoit QwiitueA, vat no Q/bfo/iw/wiation oft t^/vKoneit to tnat / / / # 7 CONSTITUTION OF THE UNITED STATES. 19 natt ve tor a icnacr . ana aiAct'fitimna, , tne ^/vfcititia, ana ^OT ao^^e^n{,nq' &ucn zsait o% tnem a S V v-6 emfotoi/ea in tne j&ivice ucn 0^ei&.on6 aa any of / v \ s v c/tate6 now e&i&tina A-natt tninn CONSTITUTION OF THE UNITED STATES. 21 to aamit, Ana-i-^ not ve itea vu t/ie &onwie&6 faior to tne v-ut a ^/a&ed off 0uevettion or ie ?7lc^at^,on nete= in ve4o^e aiwcted to ve tanen. ^SYC U ax or (QzJatu buaw ve taid on Q/b'iticte4 ecc/ioitea worn any crtate. o < 2rvej(e'ience &natt ve aiven vy or tr Habeas corpus. No export- ation duty. Commerc* between UMSMMb 22 CONSTITUTION OF THE UNITED STATES. Money, howclrawn from Trea- sury. To be pub- lished. No nobili- ty. Foreign presents and titles. Towersde- nieil to the States. venae to t/te z/oitd iff cne jtate over tAo&e oft anot/ier ; nor bnatt "l}e6&e+4 bound tc, or worn, one jtate. ve ovtig-ed V \i2Datie6 in an= otner. ^Jyc i^/t&oneu &natt we ai on6-ent of tne ^onaie&d, acce/tt & # / of anu ^lebent, femotament, Office f or V ^ VV om a *J enaer in ' ailment o% &i)evt6 ; Si / / ex fioAt j/acto ^zzazv, or tue > vtiaation, ovieon^ 7 / or ant anw> ^JJtitiea ana

/ // S S- . ana ait' biic'it/ Jzaz&d Artat'-C tee- 6-i6 < i to tne 0vew&ion ana* ^onttout off ^>on Powers de- nied to th States. Other pqw era denied to States. 24 CONSTITUTION OF THE UNITED STATES. Further denial of powers to "t-oi-oe President United States. Electors, how ap- pointed. c j tate 6-natt, witnout tn& T&on= 6-ent ojf l&on&ve&d, tau anu v ni6 (L/4ffice auiina> tne Cl ewn of four lleaw, ana, toaetner ident, cno&en vo , v-e etectea, a<* voito &acn cftate bnait afefioint, in A.wcn> ^/m>anner a6 trie .^zoeaibtatuie tneieof <7 V matt aiiect, a Jvumver of (otectow, ve trie frame /> / ./> lit on w/iicfi tneu 'm,ent / V orn ie mea C/aed. or any o foe enter on tne (o&ecufion oft or or ac botemnt'u &wear ( ^7 witt ftaUnftMttu execute V fl P vice ojf &ie&iaen off tne tyknited ' j tatet, ana zviw to tne ve&t off mu Qwvitit'U', , fiwtect ana aeffena tne o/i off tne ^Iknited c/tatea'.' erection. 2. U n# zsie&iaent ve ^ommander in T&niejl v ana Jyawu off tne ^tvnUca utatet, and off t/f.e *_sttei oft tne e&ecutive ^Jje^iait^ , a/ion ant/ juvtect &tatin& to ana no 6.n>a,'W nave f anc/ < 2raia'on6 ffor (sffffencea t-ne ^tvnitea stated, eacefit in n>e Q/bavtce ana >on6-en off tne jenate, to mane tne Q/bavice ana *&on&ent off tne jenate, 6-Aatt afifeoint Q/b' otner fiuvtic i_Sv&ini6-tei& and ^o waned off trie &u/iwme &otwt, ana aw no6-e (Mcfifioint'mentd aie not &e faoviaea for, ana wnicn 6-nat^ CONSTITUTION OF THE UNITED STATES. 29 be e&tavi6nca v?t &aiv- : vat ne & aie&4 maw t i u *auf- ve&t tne went o% &ucn in^ezior V v v nte faofier, in tne zsw&ic/ent atone, p tti ne out o <=aw or in naw nave to ifiw u/t ait &l)acancie4 tnat maw auiin' we 0vece&6 o tne ate, vu a^antinO' ^omwu&Mond wnicn A buatt e&faie at tne fena o% tActr next / / je&uon. cp j. ' /^^ y y^y ^ ^ c/ection. o. cywe &nati> worn time tc time aive to tne ^>ona%e6.4 ^nvoi X <7 V off tne Estate off tne ^Iknion, ana / )nena to tneir' ^>on&iaeiation A 04 ne 6-natt j-uaae neceMaiw ana # ent ; ne maw, on e ona, convene votn, aAe off ateement vetween tnem, witn, X Vacancies in office Further powers and dutie ofthePra sident. 3* 30 CONSTITUTION OF THE UNITED STATES. Receive ambassa- dors, Sod. Commis- sion offi- cers Impeach- ment. Of the Ju- dicial pow- ers. to tfte inment ) fie aatowin tfietn to 6-wcn a%e ffiaf cne a na &nat'L ^o a c/ection. A. V tea j tated, bnatt ve vewiovea worn ce on , or v ff nian, T@W#UM ana i_SMU & ErtCcle m. erection. /. i aa ne T&onaie&d maw vwm time to time o^aaln ana CONSTITUTION OP THE UNITED STATES 31 udqed, votn o% t/w bu/weme ana m%e= / v / v , &naw nota weir na aooa QSenaviour, ana 6-nalt, at & f' stated ffl/ -, / n?, . / // / s/fi , trie ^(tonitea ^stated sriaw ve a ex aitu ; to ^>ontioveM.ie4 vetween two or move XV? J> s~S) jtated; 'liet^veen a itizen6 or Jtt>v= / / /? . /^/?' ;// ' ' / C/? aoi6, otner nute'Cic i^/i/(cini&teid ana i&on= / / x/ 7 y- x o^r y y // A-atd, ana tno&e in wnicn a Jtate &na-C /? xTgf J . s? y? /?// we _y aitty, t/le &it>/iie / )ne> ihoait bnat't' nave oiiciinav I'Uii&atctton. *J/n a& 7 # ,/ &? /? y , / . / otfier T&a&ed v-eftoie mentioned, tne (/? /> /?/? /> , , /?/? ewie {&oi(,ii &nat> nave annei't'ate (7~ ' /' ' /* /? Cfi / I* M>ii&aiction , vot'tit ad to J^auf- ana # ' d* act, witn &ucn (o&cefitiond, ana unaer na^t ma-fae. o *'iia'LOait,wie4 e&ce in v?a6-e6 eft ij/'mfaeacnwient, bnat'L ve v^ ju&u; ana &ucn *J iiat &nat-L ve neta in tne cftate iv-new tne &aia CONSTITUTION OF THE UNITED STATES. 33 &n tnem Q/bia ana ^omftoit. ^/vo SietAon 6-naonM6.6 & hat i nave &ower to elect aze tue Zs ani&nment o oai?iaer' o ie&6 vnaty fci/' fycneia' r jtate 6 natt our man ve aue. cfechcn. 3. JVezv- S^tated may # aamtttea v?t tne T&onaieA-d into ; vu no new estate bnaw ve a or ewctea witnin tne uii6aic= tion o% ann ctner jtate ; nor anu jtate V ^ybutet Fugitive slaves to be deliv erect up. New Stales Territoiy and other property ol 36 CONSTITUTION OF THE UNITED STATES. Republi- can form of govern- ment gua- rantied to every Stale. Protection of States. Amend- ments to this Con- stitution. ana 0ueau*ation4 le&fiectma tn / / # or otner &'W vot-ft- rVMW686 Anatt deem, it nece6= , 6-natt fao/io&e Q/loinenamentd to CONSTITUTION OF THE UNITED STATES. 37 , or, on tion oft tue &6g44+atwM4 Of two V # V tn>e beveiat c/tateA-, A-natt catt a Convention ftor faofio&ina Q/bwiend^ nicn', in ettiner* ^>a6>e, bnaw ve d to att \Sntent6 and ZSUI/IOMA, at oft tni6 ^onAtituhon, wne vu tne &eai6.tauie6 off tne beveiat jtafed, or u & in tniee ftowitnd tneieoft, a tuer- ^/tfcoae oft ftication may ve fato/ioA.ea vu trie a'^e64 ; ^r^oviaea tAat no Q/bmenament wnicn> mau ve made faior to tne <7 f &ne tnou&and eiaftt Aunaied and eiant 7 / 6.n,att in any ^^K>anner aftiect tne fti and ftouvtn ^>tati,6.e4 in tne section oft ttie ftii&t Q/biticte ; und t-faat no estate, witno 6natt ve dc^uved oft it' A- caaav in trie Anatz v-e maae, wnaer tne Q/kutno'iit'U ojf o ne <~2oana ; and tne uaae6 in bnaw v-e vouna ?/ tue tyunitea jtatcd ana o% tne 6.eve%a v / S S / S /fi j/ ve >ouna wi (L/at'n> or , to no etifJi ever ve icauiied aa- a o / uatii t/ca ^ { ' on anu Ufiice or Siuvtic *J iu&t unaer ff V V / ed eft ate 6. . vii. e 0&atiffication oft tne ov nine c/tated, ^na^ ve 6-uwi= cient 4or tne (od.tavti&nment ojf tni6 T&on&titwtion vetween tue estates 6-0 iati= vii ina the cfame. in Convention v tne oft trie cftateo Si,>ie* tent tne c/eventeentn, QDau # ve'r in trie It-ear oft our one tnow&ana &even ^u a ana 0iantw &even ana o% <7 : omad V CONSTITUTION OF THE UNITED STATES. 41 <7 " & f & Qeo: u tinnin? / cKi tun 'Tc .# ' me &. o/ ^Sr/to* feni/er an \/^ {> Tr. C'ri, . (2D& / Charles Cotesworth Pinckney ne'U Attest William Jackson Secretary 42 CONSTITUTION OF THE UNITED STATES. The following articles in addition to, and amendment of, the Constitution of the United States of America, have been ratified by the requisite number of States, and, pursuant to the fifth Article of the original Constitution, have become a part of that instrument. -natt mane no taw ie&iecti?t> an wient o% ietiaio?i, or faonivitina tne & # / e faecfate feeaceavtu to a&&ewitLte ana 'fce & ovevnment dor a leai ft cie tne &econa...QSb wett ^ea e &gaic / n i&&ue, vat unon niovavte cauae, Mt>/i/io%tea v?t &atn or awwmation, / / # I'D ana fiavticutaitu aebciivina tne fitace . / / / / ,/> y to we beawnea, ana tne foeiAond or ./ , S / ininaA to tie 6-eixea. (7 e bnati ve net a to an&wer ffo^ a ca/iitat, or otnerwi&e i?iftamou6 ciime, untew on a fize&ent'ment or inaictment off a & lana Jr*wy eazce/it in cawa aviAina in tana or navat ffoiced, or in tne X* fl ... y tia } ivnen in actaat beivice in time off rrar or lavtic daner nor Anatt e s Right to be secure from searches, general warrants, ic. Indict- mentg, punish- inenls. ic. 44 CONSTITUTION OP THE UNITED STATES. lildiet- ments, punish- ments, ect tor tn / # offffence to ve twice fiut in teofi tiffe or timv- ; nor 6>n,atz ve co in anii- ^^u^una^ ^>a&e tc we a, nt off tuat tew /<^W &naw ve Siie= &e*ivea, ana no fiact tuea tew a i>u,iu, Anati ve otneiwi&e ie- examined in anu # ^outt off tne ^Ibnitca jtatet, tnan accozaina to two luted ojf tne common f aw. ce tne eiantn, . . . fe&ceA'&ive vait wiatt not -v-e leauiiea, nor e&ceA&i imfeo&ea, nor c^ue'6 ana unubuat fi ibfimentA infftictea. Q/bvticte t-n,e nintn, .. ne dtate witn, tnewiwtveA ; tneu 6-Aa^ name ot4 tue fiewon votea ffor at s le&iaent, ana in ai&tinct fai&on voted ffor a4 (sDi ana tnew bnatt mane ai&tinct CONSTITUTION OP THE UNITED STATES. 47 tt j^,e^6ond voted tor ad 'ctrte&ident, ana a/t fietdond voted tor at. Vl)ice-rw&(,= dent, and off tne numver off voted ffor eacn, wnicn tid.td tneu d-natt Man and nuwiver ve a 'A S i/* S S /* J > S tnatovttu oft tne wnote nwmve'r oft (etec^ {7 v v to^6 afi/iomted ; and iff no fiei&on nave A-ticn, maioiit'U, tnen ffzom tne faeiAond navina tne nianett numverd not exceed= <7 X ina twee on tne titt o% tno&e voted for V V ad r%e&en ne bentatived d-naw cnoote im'mediatet'u , vw ifanner of electing the Presi- dent and Vice-Pres- ident. 48 CONSTITUTION OP THE UNITED STATES. Manner of electing the Presi- dent and Vice-Pres- ident. X faif&J, tiie ^ le&ident . /dat in cnooatna tne & w&iaent , tne voted 6-naw ve tanen v-w &tate&, tne lefae&entatton worn eacn /? . / 6-tate navina one vote; a gMoiuin for , y y />/> , y y 7 tni6 nttifiode 6-na / con&i&t off a wiewifce /? / /? / ttefyd 't-iowb tw-o -tniiad / / 'i. y j?/ iS ana a wia tomtit oft a tne / / V / // / * / natt we neceA-baity c a cnoice. not cn,oo&e a> c/ le&iaent wnenever- ant o% cnoice &.n>aw aevotve u/ion V ' , v-effoie tne vouvt'fo aau off *_sv& next < /ott>o'tv-ing> . tnen tne V at'C act aa zsie&iaent, a6 in tne ca&e off tne aeat-n or otner conbtituttonai u o4 tne zsie&iaent. -- voted a6 ^Uice-^rie^iaent) &na& ve tne fie6.iaent ) iff &ucn nwmve'r ve i s A/* / y y 7 y j5> /? tu off tne wnote number off <&tec o^6 afifeomtea, ana iff no fiei&on nave a CONSTITUTION OF THE UNITED STATES. 49 , tnen jwm t/te two veiA on t/ic> t^At, trie J enate buatt ana a matoiitu o f f cnoo&e tne U(}tce-sve6.iaent; a a dor- tne fetwho&e 6-nati conbibt off two* y fl fl fl /* y Cf off tne wnot>e nuwiver off ( - 6 " " in civil cases, trial to be by a jury, and shall only be re-examined according to common law - 7 " " excessive bail shall not be re- quired, excessive fines imposed, nor cruel or unusual punish- ments inflicted - - - 8 " enumeration of certain rights shall not operate against re- tained rights - - - 9 RULES, each House shall determine its own - 2 , - - 1 S. SEAT or GOVERNMENT, exclusive legislation - - 1 Sec. Page A* 42 A* 42 A* 43 A* 43 A* 44 A* 44 A* 44 A* 44 A* 44 A* 45 A* 45 A* 45 5 12 8 19 * A stands for AMENDMENT. INDEX TO THE U. S. CONSTITUTION. 61 Art. Sec. "Page SEARCHES AND SEIZURES, security against - - -4 A* 43 SENATE, composed of two Senators from each State 1 3 8 " how chosen, classed, and terms of service 1 3 8 " qualifications of Senators -----13 9 Vice President to be President of - - - 1 3 9 " shall choose their officers -----13 10 " shall be the judge of the elections and qualifica- tions of its members - - - - -1 5 11 " what number shall be a quorum - - - 1 5 12 " any number may adjourn, and compel attendance of absentees -------1 5 12 " may determine its rules -----1 5 12 " may punish or expel a member - -*- -1 5 12 " shall keep a journal and publish the same, except parts requiring secrecy ".' <.---! 5 12 " shall not adjourn for more than three days, nor to any other place, without the consent of the other House 1 5 13 " one-fifth may require the yeas and nays - - 1 5 12 " may propose amendments to bills for raising reve- nue - - - .. _ . . - 1 7 14 " shall try impeachments - - .'.' *. .- - - 1 3 10 " effect of their judgment on impeachment 1 3 10 " compensation to be ascertained by law - - 1 6 13 " privileged from arrest - - - - -1 6 13 " not questioned for any speech or debate 1 6 13 " shall not be appointed to office - - - -1 6 14 " Senator shall not be elector - - - - 2 1 25 SENATORS AND REPRESENTATIVES, elections of, how pre- scribed - - - - - - -1 4 11 SLAVES, their importation may be prohibited after 1808 - 1 9 20 escaping from one State to another, may be re- claimed. (See also ii. Serg. & Rawle, 206; 4 2 35 iii. 8. & R. 4; v.62; i. Wash. Circuit Court Reports, 500.) SOLDIERS not quartered on citizens - - - - 3 A* 42 SPEAKER, how chosen -----.-12 8 SPEECH, freedom of-------l A* 42 STATES PROHIBITED FROM entering into treaty, alliance, or confederation ; granting letters of marque; coining money 1 10 23 * A stands for AMENDMENT. 62 INDEX TO THE U. S. CONSTITUTION. STATES PROHIBITED FROM emitting bills of credit ; making anything a ten- der but gold and silver coin ; passing bills of at- tainder, ex post facto laws, or laws impairing contract; granting titles of nobility ... laying duties on imports and exports. (See also iv. Wheat. 122, 209, 518; v. Wheat. 420; vi. Wheat. 131 ; viii. Wheat. 84, 92, 256, note 464; xii. Wheat. 213, 370; xvi. Johns, 233; xii. Mass. 16; vii. Johns, Ch. R. 297; ii. Cowen, 626; i. Rawle, 181 ; iv. Pet. 41 1, 514; vii. Pet. 469, viii. Pet. 40.) laying duties on tonnage ..... keeping troops, or ships of war, in time of peace - entering into any agreement or contract with an- other State, or a foreign power ... engaging in war ...... STATES, new, may be admitted into the Union " may be formed within the jurisdiction of others, or by the junction of two or more, with the consent of Congress and the Legislatures concerned STATE JUDGES bound to consider treaties, the constitution, and the laws under it, as supreme - STATE, guarantied a republican form of government ; pro- tected by United States - SUPREME COURT. (See Court, and Judiciary.) SUITS AT COMMON LAW, proceedings T. TAX, DIRECT, according to representation - - - 1 shall be laid only in proportion to census - 1 (See also v. Wheat. 317 ; iii. Ball. 171.) TAX, on exports, prohibited ...... 1 TENDER, what shall be a legal 1 TERRITORY, or public property, Congress may make rules concerning ...... 4 TEST, religious, shall not be required - G TITLES. (See Nobility.') TITLE from foreign State prohibited - 1 TREASON, defined --------3 " two witnesses, or confession, necessary for con- viction .......3 Art. Sec. Page - 4 - 6 - 4 - 7 10 23 10 23 10 10 10 10 3 9 21 10 23 3:3 * A stands for AMENDMENT INDEX TO THE U. S.-CONSTITUTION. G3 Art. See. Page TREASOX, punishment of, may be prescribed by Congress - 3 3 33 TREASURT, money drawn from, only by appropriation 1 9 22 TREATIES, how made ....... 2 2 28 " the supreme law ...... 6 1 38 " State cannot make .... 1 10 23 V. VACANCIES, happening during the recess, may be filled tem- porarily by the President - 2 2 29 " in representation in Congress, how filled 1 2 8 VETO OF THE PRESIDENT, effect of, and proceedings on 1 7 15 VICE PRESIDENT OF THE UNITED STATES to be President of the Senate .... 1 3 9 how elected ....... 2 1 24 amendment ....... 12 A 46 shall, in certain cases, discharge the duties of President - - - ' - 2 1 26 may be removed by impeachment ... 2 4 30 VOTE OF ONE HOUSE, requiring concurrence of the other - 1 7 16 W. WAR, Congress to declare. (See also viii. Cranch, 1 10, 154.) 1 8 18 WARRANTS for searches and seizures, when and how they shall issue ...... 4 A" 43 WITNESS, in criminal cases, no one compelled to be against himself - \ _ .> ^, - 5 A" 44 WEIGHTS AND MEASURES, standard of 1 8 17 Y. YEAS AND NATS, entered on Journal ... 1 5 12 * A stanJs for AMENDMENT. 1 (64) STANDING RULES AND ORDERS FOR C01TDUCTI1CO BUSINESS IN THE HOUSE OP REPRESENTATIVES OF THE UNITED STATES, AND THE JOINT RULES AND ORDERS OF THE TWO HOUSES OF CONGRESS, WITH EXPLANATORY NOTES, AND THE TIME OP ADOPTION DESIGNATED OPPOSITE EACH RULE IN THE MARGIN. A COMPLETE INDEX Office House of Repre- sentatives, U. S. Washington, Avr gust 16, 1851. I, RICHARD M. YOUNG, Clerk of the House of Representatives of the United States, Do here- by certify, that Joseph Bartlett Burleigh's edi- tion of the RULES AND OEDEES OF THE HOUSE OF REPRESENTATIVES, and the JOINT RULES OP THE TWO HOUSES OF CONGRESS, has been carefully compared with the edition print- ed for the use of the House of Representa- tives, and found cor- rect. Clerk of House of Rep's, U. S. City of Washington, D. C. August 16, 1851. I have carefully compared Burleigh's edition of the RULES AND ORDERS OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, and' the JOINT RULES OF THE Two HOUSES OF CONGRESS, with the edition printed for the use of the House of Representatives, and found the same accurate. DANL. BUCK, Asst. Clk. Office House of Reps V. & (IJ(i) RULES OF THE U. S. HOUSE OP REPRESENTATIVES. 67 STANDING EULES AND OEDEKS FOR CONDUCTING BUSINESS IN THE HOUSE OP REPRESEN- TATIVES OF THE UNITED STATES, WITH NOTES. TOUCHING THE DUTY OF THE SPEAKER. RULE 1. He shall take the chair every day precisely at the hour to which the House shall have adjourned on the preceding day ; shall immediately call the members to order ; and, on the appearance of a quorum,* shall cause the Journal of the preceding day to be read. R. 2. He shall preserve order and decorum ; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide ques- tions 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.t] R. 3. He shall rise to put a question, but may state it sitting. R.4. Questions shall be distinctly put in this form, to wit: "As many as are of opinion that (as the question * A majority of the House. See U. S. Constitution, Article I., Sec. 5. j- Difficulties have often arisen as to a supposed discrepancy between the appeal contemplated in this rule and that referred to in rule 35. There is no discrepancy. The question of order mentioned in the second rule relates to motions or propositions, their applicability or relevancy, or their admissi- bility on the score of time, or in the order of business, &c. The " call to order" mentioned in rule 35, on which, in case of appeal, there can be no debate, has reference only to " transgressions of the rules in speaking," or to indecorum of any kind. See also rule 51, in which debate on an appeal, pending a call for the previous question, is prohibited. RULES OP THE U. S. HOUSE OF REPRESENTATIVES. may be) say Ay,"* and after the affirmative voice is ex- pressed, "As many as are of the contrary opinion, say JVb.* If the Speaker doubt, 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 doubt, or a count be re- quired, the Speaker shall name two members, one from each side, to tell the members in the affirmative and nega- tive ;J which being reported, he shall rise and state the decision to the House. [No division and count of the House by tellers shall be in order, but upon motion se- conded by at least one-rfifth of a quorum of the members.] R. 5. When any motion or proposition is made, the question, " Will the House now consider it ?" shall not be put unless it is demanded by some member, or is deemed necessary by the Speaker. R. 6. The Speaker shall examine and correct the Jour- nal before it is read. He shall have a general direction of the Hall. He shall have a right to name any member to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment. R. 7. All committees shall be appointed by the Speaker, unless otherwise specially directed by the House, in * The U. S. Constitution prescribes YEA and NAT. Art. I., Sec. 5. j- The manner of dividing the House, as originally established by the rule of April 7, 1789, was, that the members who voted in the affirmative went to the right of the Chair, those in the negative to the left. This was, doubt- less, taken from the oW practice of the House of Commons in England. The passing of the members to and fro across, the House was found so inconve- nient, and took up so much, time, thai; the mode of dividing-the House was, on the 9th of June, 1789, changed to the present form, the members of each side of the question rising in their seaia and being there counted. } The two counters stand about three feet- apart, in, front of the SPEAKER'S desk. livery member voting in the affirmative passes between the counters. Also every member in the negative. This plan isbcth,mori& expeditious and less liable to mistakes than any other method ever dertssdl. RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 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 pro- ceed to a second ballot, in which a plurality of votes shall prevail ;-. and in case a greater number than is re- quired to compose or complete a committee shall have an equal number of votes, the House shall proceed to a fur- ther ballot or ballots. R. 8. The first-named member of any committee shall be the chairman ; and in his absence, or being excused by the House, the next named member, and so on, as often as the case shall happen, unless the committee, by a majority of their number, elect a chairman.! R. 9. 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. * The rule, as originally adopted, April 7, 1 789, directed that the Speaker should appoint all committees, unless the number was directed to consist of more than three members ; in which case, the ballot was to be resorted to. j-The occasion of this rule was this: Mr. John Cotton Smith, of Connec- ticut, had been chairman of the Committee of Claims for several years, and, on the 5th November, 1804, was reappointed. On the succeeding day he was excused from service on the committee, and his colleague, Samuel W. Dana, was appointed " in his stead." The committee considered Mr. Dana its chairman ; he declined to act, contending that he was the tail. Being unable to agree, the committee laid the case before the House on the 20th November. Up to this time, there was no rule or regulation as to the head of a committee ; the usage had been that the first-named member acted ; but it was usage only. The subject was referred to a committee. On the 22d November, J 804, the committee reported, and recommended that the first- named member be the chairman ; and in case of his absence, or of his being excused by the House, the committee should appoint a chairman, by a ma- jority of its votes. The House rejected this proposition. The Committee of Claims the next day notified the House that, unless some order was taken in the premises, no business could be done by the committee during the session ; and thereupon, on the 20th December, 1 805, the House adopted the above rule. In this case the Committee of Claims availed itself of the privilege contained in the last clause of the rule, and elected Mr. Dana chairman, much against his wishes. Dec. 90, 1805. April 13, 1789. 70 RULES OP THE U. S. HOUSE OF REPRESENTATIVES- R. 10. It shall be the duty of a committee to meet on the call of any two of its members, if the chairman be absent, or decline to appoint such meeting. R. 11. In all other cases of ballot than for committees, a majority of the votes given shall be necessary to an election ; and where there shall not be such a majority on the first ballot, the ballots shall be repeated until a majority be obtained. [And in all ballotings blanks shall be rejected, and not taken into the count in the enumera- tion of votes, or reported by the tellers.] R. 12. In all cases of ballot* by the House, the Speaker shall vote ; in other cases he shall not be required to 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.t R. 13. In all cases where other than members of the House may be eligible to an office by the election of the Housej there shall be a previous nomination. R. 14. In all cases of election by the House of its offi- cers, the vote shall be taken viva voce. R. 15. All acts, addresses, and joint resolutions, shall be signed by the Speaker ; and all writs, warrants, and subpoenas, issued by order of the House, shall be under his hand and seal, attested by the Clerk. R. 16. In case of any disturbance or disorderly conduct * The word here used, in the original formation of the rule, was election, On the 14th January, 1840, it was changed to the word ballot. j-On a very important question, taken December 9, 1803, on an amend- ment to the Constitution, so as to change the form of voting for President and yice President, which required a vote of two-thirds, there appeared 83 in the affirmative, and 42 in the negative ; it wanted one vote in the affirmative to make the constitutional majority. The Speaker, (Macon,) notwithstand- ing this prohibition of the rule, claimed and obtained his right to vote, and voted in the affirmative ; and it was by that vote that the amendment to the Constitution was carried. The right of the Speaker, as a member of the House, to vote on all questions, is secured by the Constitution ; no act of the House can take it from him, when he chooses to exercise it. RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 71 in the galleries or lobby, the Speaker (or Chairman of the Committee of the Whole House) shall have power to order the same to be cleared. R. 17. No person except members of the Senate, their Secretary, Heads of Departments, Treasurer, Comptroll- ers, Register, Auditors, President's Secretary, Chaplains to Congress, Judges of the United States, Foreign Minis- ters and their Secretaries, officers who, by name, have received, or shall hereafter receive, the thanks of Congress for their gallantry and good conduct displayed in the ser- vice of their country, the Governor for the time being of any State or Territory in the Union, such gentlemen as have been Heads of Departments or members of either branch of the national Legislature ; the members of the legislatures, for the time being, of the States and Territo- ries,] 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 ;* [and no pe.r- * The first rule for the admission within the Hall of other than members was adopted on the 7th January, 1802, and was confined to " Senators, offi- cers of the General and State Governments, Foreign Ministers, and such per- sons as members might introduce." On the llth January, 1802, an attempt was made to amend so as to exclude persons " introduced by members," which failed. On the 8th November, 1804, a proposition was made to con- fine the privilege to Senators, which also failed. On the 17th December, 1805, officers of State Governments were excluded. On 1st February, 1808, a proposition was made to admit ex-members of Congress and the Judges of the Supreme Court ; after a good deal of debate, it was rejected. On the llth February, 1809, the rule was enlarged so as to admit judicial officers of the United States, as also ex-members of Congress. On 25th February, 1814, those who had been Heads of Departments were admitted. On the 10th February, 1815, officers who had received the thanks of Congress were included. On the 12th January, 1816, the Navy Commissioners. On the 21st February, 1816, Governors of States and Territories. March 13, 1822, the President's secretary. On the 26th January, 1833, the rule was further enlarged by admitting " such persons as the Speaker or a member might in- troduce;" and on the 10th December, 1833, the House, by a vote almost unanimous, rescinded that amendment 72 RULES OF THE U. S. HOUSE OF REPRESENTATIVES. son, not known to the Doorkeeper to be entitled to the privilege of the floor, shall enter the Hall, unless the Doorkeeper shall be informed by a member that the indi- vidual is entitled to admission under this rule, and in what capacity.] R. 18. Stenographers, wishing to take down the de- bates, 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 convenience of the House. R. 19. No person shall be allowed the privilege of the Hall, under the character of stenographer, without a writ- ten permission from the Speaker, specifying the part of the Hall assigned to him ; and no reporter or stenographer shall be admitted under the rules of the House, unless such reporter or stenographer shall state, in writing, for what paper or papers he is employed to report. R. 20. The Doorkeeper shall execute strictly the 17th and 18th rules, relative to the privilege of the Hall. R. 21. 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. [He shall be deemed to continue in office until another be appointed.*] ORDER OF BUSINESS OF THE SESSION. R. 22. After six days from the commencement of a second or subsequent session of any Congress, all bills, resolutions,! and reports, which originated in the House, * There is no law, resolution, rule, or order, directing the appointment of the Clerk of the House. On the 1st of April, 1789, being the first day that a quorum of the House assembled under the new Constitution, the House immediately elected a Clerk by ballot, without a previous order having been passed for that purpose ; although, in the case of the Speaker, who was chosen on the same day, an order was previously adopted. A Clerk has been regularly chosen at the commencement of every Congress since. j-The word "resolutions" as here used, has been construed to apply to joint resolutions only. RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 73 and at the close of the next preceding session remained undetermined, shall be resumed and acted on in the same manner as if an adjournment had not taken place. ORDER OF BUSINESS OF THE DAY. R. 23. 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 the Territory of Wisconsin,! alternately ;] 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 off 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.] R. 24. Petitions, memorials, and other papers ad- dressed to the House, shall be presented by the Speaker, or by a member in his place ; a brief statement of the contents thereof shall be made verbally by the introducer ; they shall not be debated on the day of their being pre- sented ; nor on any day assigned by the House for the receipt of petitions after the first thirty days of the ses- sion, unless where the House shall direct otherwise, but shall lie on the table, to be taken up in the order in which they were presented.:}: [Members having peti- tions and memorials to present may hand them to the Clerk, endorsing the same with their names, and the refer- * This was adopted before the State of Maine came into the Union ; and the call commenced with New Hampshire. On the 13th March, 1822, it was altered so as to commence with Maine. j- This rule was adopted before N. Mex. was constituted a Territory ; and, although no order has been taken by the House, the Speaker substitutes N. Mex. foi Wisconsin. $ With the exception of the clause commencing with the words "nor on any day assigned," &c., this rule is in substance the same as it was originally established on the 7th April, 1 789. 74 RULES OF THE IT. S. HOUSE OF REPRESENTATIVES. ence or disposition to be made thereof; and such peti- tions and memorials shall be entered on the Journal, sub- ject to the control and direction of the Speaker ; and il any petition or memorial be so handed in, which, in the judgment of the Speaker, is excluded by the rules, the same shall be returned to the member from whom it wa received.] R. 25. The petitions having been presented and dis- posed of, reports from committees shall be called for and disposed of; [in doing which, the Speaker shall call upon each standing committee, in the order they are named in the 76th and 105th rules; and when all the standing committees have been called on, then it shall be the duty of the Speaker to call for reports from select committees ; if the Speaker shall not get through the call upon the committees before the House passes to other business, he shall resume the next call where he left otf.] Resolu- tions shall then be called for in the same order, and dis- posed of by the same rules, which apply to petitions : provided that ntf member shall offer more than one reso- lution, or one series of resolutions, all relating to the same subject, until all the States and Territories shall have been called. R. 26. All the States and Territories shall be called for resolutions on each alternate Monday during each session of Congress ; and, if necessary to secure this object on said days, all resolutions which shall give rise to debate shall lie over for discussion, under the rules of the House already established ; and the whole of said days shall be appropriated to resolutions, until all the States and Ter- ritories are called through. R. 27. After one hour shall have been devoted to re- ports from committees and resolutions, it shall be in order, pending the consideration or discussion thereof, to enter- tain a motion that the House do now proceed to dispose of the business on the Speaker's table, and to the orders RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 75 of the day; [which being decided in the affirmative, the Speaker shall dispose of the business on his table in the following order, viz :] 1st. Messages and other Executive communications. 2d. Messages from the Senate and amendments proposed by the Senate to bills of the House. 3d. Bills and resolutions from the Senate on their first and second reading, that they be referred to committees and put under way ; but if, on being read a second time, no motion be made to commit, they are to be ordered to their third reading, unless objection be made ; in which case, if not otherwise ordered by a majority of the House, they are to be laid on the table in the general file of bills on the Speaker's table, to be taken up in their turn. 4th. Engrossed bills and bills from the Senate on their third reading. 5th. Bills of the House and from the Senate, on the Speaker's table, on their engrossment, or on being or- dered to a third reading, to be taken up and considered in the order of time in which they passed to a second reading. The messages, communications, and bills on his table, having been disposed of, the Speaker shall then proceed to call the orders v>i the day. R. 28. The business specified in the 26th and 27th rules shall be done at no other part of the day, except by permission of the House. LOCAL OR PRIVATE BUSINESS. R. 29. Friday and Saturday in every week shall be set apart for the consideration of private bills and private business, in preference to any other, unless otherwise de- termined by a majority of the House.* * Under the rule of 26th April, 1828, relative to a postponement or change 'J 76 RULES OF THE U. S. HOUSE OF REPRESENTATIVES. R. 30. On the first and fourth Friday of each month, the calendar of private bills shall be called over, (the chairman of the Committee of the Whole House* com- mencing the call where he left off the previous day,) and the bills to the passage of which no objection shall then be made shall be first considered and disposed of. OF DECORUM AND DEBATE. R. 31. 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.] R. 32. Members may address the House or committee from the Clerk's desk, or from a place near the Speaker's chair. R. 33. When two or more members happen to rise at once, the Speaker shall name the member who is first to speak. R. 34. No member shall occupy more than one hour in debate on any question in the House, or in Committee ; but a member reporting the measure under consideration from a committee may open and close the debate : pro- vided, that where debate is closed by order of the House, any member shall be allowed, in committee, five minutes to explain any amendment he may offer, after which any member who shall first obtain the floor shall be allowed to speak five minutes in opposition to it, and there shall be no further debate on the amendment ; but the same privilege of debate shall be allowed in favor of and of the order of business, it has been decided that it takes two-thirds to proceed to public business on Friday and Saturday. The reason of this decision is, that the rule of the 26th April, 1828, made no exception in favor of the clause, for a majority, contained in this rule, and that therefore that provision was an- nulled. There have been three appeals upon this point, but the House in all instances affirmed the decision in favor of two-thirds. The House sometimes adjourns on Thursday, and frequently on Friday, till the following Monday. * A Committee of the whole House considers local or private bills. A Committee of the whole House on the state of the Union, public bills. RULES 01' THE U. S. HOUSE OF RKPRESENTATIVES. 77 against any amendment that may be offered to the amend- ment ; and neither the amendment nor an amendment to the amendment shall be withdrawn by the mover thereof, unless by the unanimous consent of the Committee. R. 35. 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 order, he shall be at liberty to proceed ; if otherwise, he shall not be permitted to proceed, in case any member object, without leave of the House ;t and, if the case require it, he shall be liable to the censure of the House. R. 36. If a member be called to order for words spoken in debate, the person calling him to order shall repeat the words excepted to, and they shall be taken down in writing at the Clerk's table ; and no member shall be held to answer, or be subject to the censure of the House, for words spoken in debate, if any other member has spoken, or other business has intervened, after the words spoken, and before exception to them shall have been taken. R. 37. No member shall speak more than once to the same question, without leave of the House,! [unless he be the mover, proposer, or introducer of the matter pend- ing ; in which case, he shall be permitted to speak in See rule 2, with note appended to it j-That part of this rule which is printed in italic was adopted on the 13th March, 1822, with the exception of the words " in case any member object," which were inserted on the 14th September, 1837. This rule, as originally adopted on the 7th April, 1789, permitted a mem- ber to speak twice, and ended with the word house. It remained unchanged until the 14th January, 1840, when it was established as it now stands. 78 RULES OP THE U. S. HOUSE OP REPRESENTATIVES. reply, but-not until every member choosing to speak shall have spoken.] R. 38. If a question depending be lost by adjournment of the House, and revived on the succeeding day, no member who shall have spoken on the preceding day, shall be permitted again to speak without leave.* R. 39. While the Speaker x is putting any question, or addressing the House, none shall walk out of or acros the House ; nor, in such case, or when a member is speaking, shall entertain private discourse ; nor while a member is speaking shall pass between him and the chair. [Every member shall remain uncovered during the ses- sion of the House. No member or other person shall visit or remain by the Clerk's table while the ayes and noes are calling, or ballots are counting.] R. 40. No member shall vote on any question in the event of which he is immediately and particularly inte- restedjt or in any case where he was not within the bar of the House when the question was put.J [And when any member shall ask leave to vote, the Speaker shall propound to him the question " Were you within the bar when your name was called ?"] * There is no proceeding in the House to which this rule can be applied. It was originally framed in reference to that law of Parliament which says that all pending questions are lost by adjournment, and to be again considered must be moved anew. In the rules as revised and established on the 7th January, 1802, the prohibition to speak on the next day was confined to those who had spoken twice on the preceding day. It so remained until the 14th January, 1840, when the word twice was left out. [ Of late, differences of opinion have occasionally arisen as to the kind of interest alluded to in this rule. It has been contended to apply to members who were merchants or manufacturers, or engaged in other business to be affected by tariffs or other bills touching rates of duties, &c. This construc- tion has never been sustained by the House. The original construction, and the only true one, is direct personal or pecuniary interest. As originally adopted, the word present was used in this rule where the words " within the bar of the House" now appear. The alteration was made II on the 14th September, 1837. RULES OF THE IT. S. HOUSE OF REPRESENTATIVES. 79 R. 41. Upon a division and count of the House on any question, no member without the bar shall be counted. R. 42. Every member who shall be in the House when , the question is put shall give his vote, unless the House, | for special reason, shall excuse him.* [All motions to excuse a member from voting shall be made before the House divides, or before the call of the yeas and nays is commenced ; and the question shall then be taken with- out further debate.t] R. 43. 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 alond by the Clerk, before debated. R. 44. Every motion shall be reduced to writing, if the Speaker or any member desire it. [Every written motion made to the House shall be inserted on the Journals, with the name of the member making it, unless it be withdrawn on the same day on which it was submitted.] R. 45. After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in the pos- session of the House, but may be withdrawn at any time before a decision or amendment. R. 46. 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 commit or amend,:}: to postpone indefinitely ; which seve- ral motions shall have precedence in the order in which they are arranged ; and no motion to postpone to a * By rule 41, the date of which is subsequent in date to this, a mem- ber who may be " in the House" is not allowed to vote unless he be " within the bar," upon a division or count of the House. \ That part of rule 42 which allowed a brief verbal statement of reasons to be given by any member for requesting to be excused from voting, rescinded January 2, 1845. Journal H. R., 115. * See Rule 119. This rule, as originally established, April 7, 1789, read thus; When a 80 RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 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. R. 47. 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 following 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. R. 48. A motion to adjourn, and a motion to fix the day to which the House shall adjourn, shall be always in order ;* [these motions, and the motion to lie on the table, shall be decided without debate.f] question is under debate, no motion shall be received unless to amend it, to commit it, for the previous question, or to adjourn" On the 13th Novem- ber, 1794, the motion to postpone to a day certain was introduced next after the previous question. On the 17th December, 1805, the rule was changed as follows: 1st, the previous question; 2d, to postpone indefinitely; 3d, to postpone to a day certain ; 4th, to lie ; 5th, to commit ; 6th, to amend ; 7th, to adjourn. On the 23d December, 1811, the order was changed as follows : 1st, to adjourn ; 2d, to lie ; 3d, the previous question ; 4th, to postpone inde- finitely; 5th, to postpone to a day certain; 6th, to commit; 7th, to amend. On the 13th March, 1822, they were classed as above, and were declared, for the first time, to have precedence according to their arrangement ; previ- ous to which, the notions of the Speaker often governed as to the precedence of these motions ; and hence the direction of the rule. * It has been decided and acted upon, that, under this rule, "a motion to fix the day to which the House shall adjourn" takes precedence of a motion to adjourn. The reason of this decision is, that, before the House adjourned, it was proper to fix the time to which it should adjourn. To this decision, and upon this reasoning, no objection has been made. fin the first rules established by the House on the 7th April, 1789, it was directed that " when the House adjourns, the members shall keep their seats until the Speaker go forth, and then the members shall follow." This rule was left out of the rules established 13th November, 1794. On the 13th March, 1822, a rule was adopted prohibiting a motion to adjourn before four o'clock, if there was a pending question; it was rescinded on the 13th March, 1824. On the 13th March, 1822, a rule was also adopted against RULES OF THE U. S. IIOTSK OF REPRESENTATIVES. 81 R. 49. The hour at which every motion to adjourn is made shall be entered on the Journal. R. 50. The previous question shall be in this form : " Shall the main question be now put ?" [It shall only be admitted when demanded by a majority of the mem- bers present ;] and its effects shall be to put an end to all debate, and bring the House to a direct vote upon a mo- tion to commit, if such motion shall have been made, and if this motion does not prevail, then upon amendments reported by a committee, if any, then [upon pending amendments, and then upon the main question.] On a motion for the previous question,* arid prior to the se- jconding of the same, a call of the House shall be in order ; but after a majority shall have seconded such fhe rising of the Committee of the Whole before 4 o'clock, which was abro- gated on the 25th March, 1824. * The previous question was recognised in the rules established April 7, 1789, and could be demanded by five members, (the parliamentary law places it in the power of two members one to move, the other to second.) On the 23d December, 1811, it was placed on a footing with the yeas and nays that is, at the command of one-fifth of the members present. It remained so until the 24th February, 1812, when the rule was changed to its present form of a majority. According to former practice, the previous question brought the House to a direct vote on the main question that is, to agree to the main proposition, to the exclusion of all amendments and incidental motions ; but on the 14th January, 1840, it was changed to its present form first to embrace pending amendments, and then the main proposition. The original intent of the previous question was, to ascertain the sense of the House, in the early stages of a subject, as to the propriety of entertaining the matter; and, if decided affirmatively, the debate went on; if decided negatively, the debate ceased, and the subject passed from before the House without motion or further question. This was the practice in Congress under the Confederation ; and it is still the practice in the British Parlia- ment. Now, by the practice of the House, as well as by the terms of the* rule, it is reversed ; if the motion for the previous question be decided in the affirmative, debate ceases, and the House proceeds to vote ; if in the negative, the proceedings go on as if the motion for the previous question had not been made. 82 ADOPTED. RULES OF THK XT. S. HOUSE OF KKPttESENT AT1VES. motion, no call shall be in order prior to a decision of the main question.* R. 51. On a previous question there shall be no de- bate.t [All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.] R. 52. When a question is postponed indefinitely, the same shall not be acted upon again during the session. R. 53. Any member may call for the division of a question, which shall be divided if it comprehend propo- sitions in substance so distinct, that one being taken away, a substantive proposition shall remain for the de- cision 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 mo- tion to strike out and insert. R. 54. Motions and reports may be committed at the pleasure of the House. R. 55. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.:]: [No bill or resolution shall, at any time, be amended by annexing thereto, or incorporating * See rules 63 and 64, for mode of proceeding in a call of the House. (The rules as established 7th April, 1789, allowed each member to speak once on the previous question that is, Shall the main question be now put'.' and so remained until 17th December, 1805, when debate was prohibited; yet, on the 15th December, 1807, after the previous question had been or- dered, the House, on an appeal from the Speaker, reversed his decision, and decided that the main question was open to further debate, 103 to 14 no party vote This decision was reaffirmed by the House, December 2, 1808 yeas 101, nays 18. } This rule was originally established on the 7th April, 1789, and was in these words: "No new motion or proposition shall be admitted, under color of amendment, as a substitute for the motion or proposition under debate." On the 13th March, 1822, it was changed to its present form, in which the words " new" and " substitute" do not appear. RULES OP THE IT. S. HOUSE OF REPRESENTATIVES. 83 therewith, any other bill or resolution pending before the House.*] R. 56. When a motion has been once made, and car- ried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsidera- tion thereof, [on the same or the succeeding day] ; and such motion shall take precedence of all other questions, except a motion to adjourn,t [and shall not be withdrawn after the said succeeding day, without the consent of the * The latter clause of this rule was adopted at the 1st session of the 25th Congress ; and, as originally reported by the committee, the following words were contained at the end of it : " nor by any proposition containing THE SUBSTANCE, in whole or in part, of any other bill or resolution pending be- fore the House." These words were stricken out by the House before it would agree to the rule ; by which it would seem to be decided that a bill or resolution might be amended by incorporating therein the SUBSTANCE of any other bill or resolution before the House. Such has been the general practice of the House. ( A difference of opinion, and a discrepancy in action, have sometimes oc- curred in administering this rule. Twenty years ago, and previously, a motion to reconsider could not be made after the subject was disposed of, if there was another subject before the House, until that subject had passed away ; it was then often too late to make the motion. It was under this practice that Mr. Randolph was unable to move a reconsideration of the set- tlement of the celebrated Missouri question, (notice of which he gave out of time,) as before he could do so the bill had been taken to the Senate. The practice, of late years, has been changed, so as to allow the motion to recon- sider to be made at any moment within the prescribed time. If the motion be made when a different subject is before the House, it is entered, and remains until that subject is disposed of, and then " takes precedence of all other business, except a motion to adjourn." When any final vote has been taken, and a motion made to reconsider, that motion may be laid on the table; in which case, according to the practice of several years past, the vote stands as though the motion to reconsider had not been made. This is cor- rect, as, if the House wished to retain the matter, it would agree to the mo- tion to reconsider, instead of laying it on the table. Motions to reconsider should be promptly acted on, otherwise it is in the power of a single member (voting on the strong side, against his sentiments, solely for the purpose of placing himself in a situation to make the motion) to arrest business, which a majority have determined to despatch. 81 RULES OF THE U. S. HOUSE OP REPRESENTATIVES. House, and thereafter any member may call it up for consideration.] R. 57. When the reading of a paper is called for, and the same is objected to by any member, it shall be deter- mined by a vote of the House.* R. 58. 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 mo- tion on any other business shall be received, without special leave of the House, until the former is disposed of. R. 59. Every order, resolution, or vote, to which the concurrence of the Senate shall be necessary, shall be read to the House, and laid on the table, on a day pre- ceding that in which the same shall be moved, unless the House shall otherwise expressly allow. R. 60. The name of the member who presents a peti- tion or memorial, or who offers a resolution to the con- sideration of the House, shall be inserted on the Journals. R. 61. 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 Depart- ments, or by the Postmaster General, or to print an extra number of any document or other matter, excepting mes- sages of the President to both Houses at the commence- ment of each session of Congress, and the reports and documents connected with or referred to in it, shall lie on the table one day for consideration, unless otherwise ordered by the unanimous consent of the House ; [and all such propositions shall be taken up for consideration in the order they were presented, immediately after re- ports are called for from select committees ; and, when adopted, the Clerk shall cause the same to be delivered.] * As originally adopted, this rule contained, after the word "for." the words " which had before been read to the House" They were stricken out on the 14th December, 1795. ntJJ.E.S OF THE U. S. HOTJSL OF REPRESENTATIVES. 85 R. 62. Upon calls of the House, or in taking the yeas and nays on any question, the names of the members shall be called alphabetically. R. 63. Upon the call of the House, the names of the members shall be called over by the Clerk, and the ab- sentees 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 number, 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.* R. 64. When a member shall be discharged from cus- tody, and admitted to his seat, the House shall determine whether such discharge shall be with or without paying fees ; and, in like manner, whether a delinquent member, taken into custody by a special messenger, shall or shall not be liable to defray the expense of such special mes- senger. R. 65. Any fifteen members (including the Speaker, if there be one) shall be authorized to compel the attend- ance of absent members. R. 66. No member shall absent himself from the ser- vice of the House, unless he have leave, or be sick, or unable to attend. R. 67. A Sergeant-at-arms shall be appointed, to hold his office during the pleasure of the House, whose duty * The rule as originally established in relation to a call of the House, which was on the 13th of November, 1789, differed from the present rule in this ; there was one day's notice to be given, and it required a vote of the House, and not fifteen members, to order a member into custody. It was changed to its present form on the 14th December, 1795. On the 7th Jan- uary, 1802, it was changed back to its original form, to require "an order of the House" to take absent members into custody, and so remained until the 23d December, 1811, when it was again changed to what it now is t. e. fifteen members. 86 RULES OF. THE U. S. HOUSE C'F REPRESENTATIVES. it shall be to attend the House during its sittings ;* 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. 11. 68. The symbol of his office (the mace) shall be borne by the Sergeant-at-arms when in the execution of his office.t R. 69. The fees of the Sergeant-at-arms shall be, for every arrest, the sum of two dollars ; for each day's cus- tody and releasement, one dollar ; and for travelling ex- penses for himself or a special messenger, going and returning, one-tenth of a dollar per mile. R. 70. It shall be the duty of the Sergeant-at-arms to keep the accounts for pay and mileage of members, to prepare checks, and, if required to do so, to draw the money on such checks for the members, (the same being previously signed by the Speaker, and endorsed by the * In the rules established November 13, 1794, the Sergeant was empow- ered to appoint a " special messenger" to execute the commands of the House. This authority was stricken from the rules established on the 14th Decem- ber, 1795. f- At the time this rule was adopted, " a proper symbol of office" for the Sergeant-at-arms was directed to be provided, " of such form and device as the Speaker should direct." In pursuance of this order, a mace or " symbol" was procured, which represented the Roman fasces, made of ebony sticks, bound transversely with a thin silver band, terminating in a double tie or beau-knot near the top; at each end a silver band an inch deep, and on the top of each of the rods a small silver spear. A stem of silver f of an inch in diameter, and 2 inches long, from the centre of the fasces, supported a globe of silver, about 2^ inches in diameter, upon which was an eagle, his claws grasping the globe, and just in the act of flight, his wings somewhat more than half extended. The eagle was massive silver, richly carved. The design was fine, and its whole execution beautiful ; the entire height about three feet. The mace was destroyed at the conflagration of the Capitol on the 24th August, 1814, and was not replaced until recently. A temporary one was hastily gotten up (of common pine, and painted) for the then next session of Congress, and was tolerated till the session of 1841-'42, when the splendid one now in use was procured. BULKS OF THE U. S. HOUSE OF REPRESENTATIVES. 87 member,) and pay'over the same to the member entitled thereto. R. 71. The Scrgeant-at-arms shall give bond, with surety, to the United States, in a sum not less than five nor more than ten thousand dollars, at the discretion of the Speaker, and with such surety as the Speaker may approve, faithfully to account for the money coming into his hands for the pay of members. R. 72. The Sergeant-at-arms shall be sworn to keep the secrets of the House. R. 73. A Doorkeeper shall be appointed for the service of the House.* R. 74. The Doorkeeper shall be sworn to keep the secrets of the House. R. 75. The Postmaster, to superintend the Post Office kept in the Capitol for the accommodation of the mem- bers shall be appointed by the House.t R. 76. Twenty-eight -standing committees shall be ap- pointed at the commencement of each session, viz : A Committee of Elections. -\ To consist of A Committee of Ways and Means. nine mem- A Committee of Claims.t 3 bers each. * The rule of 1789 provided for the appointment of an assistant doorkeeper, and so continued until Colonel John VV. Hunter, the incumbent, died, in December, 1841, and the House, on the 13th of that month, abolished the office. j- Immediately after the organization of the Government under the present Constitution, a room was set apart in the Capitol for the reception and dis- tribution of letters and packets to and from members of the House, without an order for that purpose, and was called the Post Oflice. It was superin- tended by the Doorkeeper and his assistants. On the 9th of April, 1814, a special allowance was made to the Dooi keeper to meet the expenses of this office, and he was authorized to appoint a Postmaster. The office continued on this footing till April 4, 1838, when an order was passed, as above, for the appointment of the Postmaster by the House itself. $ Originally, the Committee of Claims was charged with revolutionary and land claims, and all sorts of pensions. On the 22d December, 1813, the duties of that committee wrrp divided, and a committee was appointed, called 1 1 - ADOPTED April 4, 1838. Dec. 23, 1811. April 2, 1789. Dec. 23, 1811. April 4, 1838. Nov. 13, 1789. January 7 1802. Nov. 13, 1794. 88 RULES OF THE U. S. HOUSE OP REPRESENTATIVES. A Committee on Commerce.* * A Committee on the Public Lands.-j- A Committee on the Post Office arid Post Roads.} A Committee for the District of Columbia. A Committee on the Judiciary. A Committee on Revolutionary Claims.^ A Committee on Public Expenditures. A Committee on Private Land Claims.]] A Committee on Manufactures.^ A Committee on Agriculture.^ A Committee on Indian Affairs. T To consist of nine mem- bers each. the Committee on Pensions and Revolutionary Claims. On the 9th of De- cember, 1825, a separate committee on Revolutionary Pensions was created, leaving the business of Invalid Pensions to the committee created on the 22d December, 1813. On the 13th December, 1825, four days after its institu- tion, the designation of the Committee on Revolutionary Pensions was changed to the Committee on Military Pensions, and it was charged with both Revolutionary and Invalid Pensions. On the 10th January, 1831, the Committee on Military Pensions became the present Committee on Revolu- tionary Pensions, and an additional committee was created, called the Com- mittee on Invalid Pensions , and the pension business was apportioned to the two committees, as set out in the duties assigned to the committees. * This committee was originally a Committee on Commerce and Manu- factures. On the 8th December, 1819, a Committee on Manufactures was constituted, but no duties have been assigned to that committee in the rules. j- The 3d of January, 1805. was the first time at which it was proposed to appoint a Committee on Public Lands. The proposition was then made by Mr. John Boyle, of Kentucky, and was rejected. On the 17th December, 1805, the committee was constituted for the first time. Previous to that day the business relating to the lands of the United States was sent either to the Committee of Claims or to a select committee, and frequently, in parts, to both. + From the earliest stages of the Government, a select committee was an- nually raised upon the subject of " the Post Office and Post Roads," and was always composed of a member from each State. A standing committee was instituted on the 9th November, 1808, and, like the select committees, was directed to be composed of a member from each State. On the 23d Decem- ber, 181 1, it was directed to be composed of the same number of members as the other standing committees. See note (J) page 87. || When the Committee on Private Land Claims was first constituted, it was composed of five members, two less than the other committees. On the 19th December, 1817, it was directed to be composed of seven members. K There are no duties assigned to the Committees on Manufactures, Agri- RULES OP THE U. S. HOUSE OF REPRESENTATIVES. To consist of nine rrem- bers each. To consist of five mem- bers each. A Committee on Military Affairs. A Committee on the Militia. A Committee on Naval Affairs. A Committee on Foreign Affairs. A Committee on the Territories. A Committee on Revolutionary Pensions.* A Committee on Invalid Pensions. A Committee on Roads and Canals. A Committee on Patents. A Committee on Public Buildings and Grounds. A Committee of Revisal and Unfinished Business. A Committee of Accounts.-)- A Committee on Mileage. J A Committee on Engraving, to consist of three members. R. 77. It shall be the duty of the Committee of Elec- tions to examine and report upon the certificates of elec- tion, or other credentials, of the members returned to serve in this House ; and to take into their consideration all such petitions and other matters touching elections and returns as shall or may be presented or come into question, and be referred to them by the House. R. 78. It shall be the duty of the Committee of Ways and Means to take into consideration all such reports of the Treasury Department, and all such propositions rela- tive 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 expenditure : 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 moneys, and to report whether the moneys have been disbursed conform- ably with such laws ; and also to report, from time to culture, and Indian Affairs, in the rules, but these committees consider what- ever is referred to them in their respective spheres by the House. * See note ($) page 87. f- The Committee of Accounts was first constituted as a select committee on the 7th November, 1804; it was made a standing committee December 17, 1805. 8* 90 RULES OF THE U. S. HOUSE OF REPRESENTATIVES. time, such provisions and arrangements as may be neces- sary to add to the economy of the departments, and the accountability of their officers.]* In preparing bills of appropriations for other objects, the Committee of Ways and Means shall not include ap- propriations 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 carrying a treaty into effect, and for other objects, they shall propose such amendments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropriations for other objects. R. 79. It shall also be the duty of the Committee of Ways and Means, within thirty days after their appoint- ment, at every session of Congress commencing on the first Monday of December, to report the general appro- priation bills for the civil and diplomatic expenses of Government ; for the army ; for the navy ; and for the Indian department and Indian annuities or, in failure thereof, the reasons of such failure. R. 80. General appropriation bills shall be in order in preference to any other bills of a public nature, unless otherwise ordered by a majority of the House. R. 81. No appropriation shall be reported in such gene- ral appropriation bills, or be in order as an amendment thereto, for any expenditure not previously authorized "by law, [unless in continuation of appropriations for such * That portion of the duty of the Committee of Ways and Means which is printed within brackets was originally adopted on the 7th January, 1802. On 26th February, 1814, the Committee on Public Expenditures was cre- ated, and added to the list of standing committees; the duties of this latter committee are exactly those contained in that portion of the duties of the Committee of Ways and Means which is referred to in this note as within brackets. See rule 89. The words ought to be stricken from the specifica- tion of the duties of the Committee of Ways and Means. RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 91 public works and objects as are already in progress, and for the contingencies for carrying on the several depart- ments of the Government. R. 82. It shall be the duty of the 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 propo- sitions for relief therein as to them shall seem expedient. R. S3. It shall be the duty of the Committee on Com- merce 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 into question, and be referred to them by the House ; and to report, from time to time, their opinion thereon.* R. 84. It shall be the duty of the Committee on the Public Lands to take into consideration all such petitions and matters or things 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 thereon, together with such proposi- tions for relief therein as to them shall seem expedient. R. 85. It shall be the duty of the Committee on the Post Office and Post Roads to take into consideration all such petitions and matters or things touching the post office and post roads as shall be presented, or may come in question, and be referred to them by the House ; and to report their opinion thereupon, together with such pro- * This committee was originally a Committee on Commerce and Manu- factures. On the 8th December, 1819, a separate Committee on Manufac- tures was constituted, and the duties of the original Committee on Commerce and Manufactures have been conformed as above, by leaving out the words and Manufacture*. There are no duties assigned in these rules to the Com- mittee on Manufactures. To this committee is appropriately referred all matters pertaining to manufacturing. M RULES OP THE U. S. HOUSE OF REPRESENTATIVES. positions relative thereto as to them shall seem expe- dient. R. 86. It shall be the duty of the Committee for the District of Columbia to take into consideration all such petitions and 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 thereon, together with such propositions relative thereto as to them shall seem expedient. ~R. 87. It shall be the duty of the Committe on the Ju- diciary to take into consideration such petitions and mat- ters 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. R. 88. It shall be the duty of the Committee on Revo- lutionary Claims to take into consideration all such peti- tions arid matters or things touching claims and demands originating in the revolutionary war, or arising therefrom, 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. R. 89. It shall be the duty of the Committee on Public Expenditures to examine into the state of the several public departments, and particularly into laws making appropriations of money, and to report whether the mo- neys 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 accountability of their officers.* * See note to rule 78. ' And further: on the ^Oth March, 1816, six Com- mittees on Expenditures in the several departments of the Government were RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 93 R. 90. It shall be the duty of the 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 seem expedient. R. 91. It shall be the duty of the Committee on Mili- tary 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 opinion thereupon ; and also to report, from time to time, such measures as may contribute to economy and accountability in the said establishment. R. 92. It shall be the duty of the Committee on the Militia to take into consideration and report on all sub- jects connected with the organizing, arming and discip- lining the militia of the United States. R. 93. It shall be the duty of the Committee on Naval Affairs to take into consideration all matters which con- cern the naval establishment, and which shall be referred to them by the House, and to report their opinion there- upon ; and also to report, from time to time, such mea- sures as may contribute to economy and accountability in the said establishment. R. 94. It shall be the duty of the 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. R. 95. It shall be the duty of the Committee on the Territories to examine into the legislative, civil, and criminal proceedings of the Territories, and to devise and report to the House such means as, in their o/ ; nion, may created, and added to the list of standing committees. The duties assigned to these several committees would seem entirely to cover the duties of the Committee on Public Expenditures See rules 105 and 106. RULES OF THE U. S. HOUSE OF REPRESENTATIVES. be necessary to secure the rights and privileges of resi- dents and non-residents. R. 96. It shall be the duty of the Committee on Revo- lutionary Pensions to take into consideration all such matters respecting pensions for services in the revolu- tionary war, other than invalid pensions, as shall be referred to them by the House. R. 97. It shall be the duty of the Committee on Invalid Pensions to take into consideration all such matters re- specting invalid pensions as shall be referred to them by the House. R. 98. It shall be the duty of the Committee on Roads arid Canals to take into consideration all such petitions and matters or things relating to roads and canals, and the improvement of the navigation of rivers, as shall be presented, or may come in question, and be referred to them by the House ; and to report thereupon, together with such propositions relative thereto, as to them shall seem expedient. R. 99. It shall be the duty of the Committee on Pa- tents to consider all subjects relating to patents which maybe referred to them; and report their opinion thereon, together with such propositions relative thereto .as may seem to them expedient. R. 100. It shall be the duty of the Committee on Pub- lic Buildings and Grounds to consider all subjects relating to the public edifices and grounds within the city of Washington which may be referred to them ; and report their opinion thereon, together with such propositions relating thereto as may seem to them expedient. R. 101. It shall be the duty of the Committee of Re- visal and Unfinished Business to examine and report what laws have expired, or are near expiring, and require to be revived or further continued ; also, to examine and ii report, from the Journal of last session, all such matters j as were then depending and undetermined. RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 95 R. 102. It shall be the duty of the Committee of Ac- counts to superintend and control the expenditures of the contingent fund of the House of Representatives ; [also, 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 attendance in the House.*] R. 103. It shall be the duty of the Committee on Mile- age to ascertain and report the distance to the Sergeant-, at-anns for which each member shall receive pay.t R. 104. There shall be appointed a standing committee of this House, to consist of three members, to be called the Committee on Engraving,:}: to whom shall be referred by the Clerk all drawings, maps, charts, or other papers, which may at any time come before the House for en- graving, lithographing, or publishing in any way; which committee shall report to the House whether the same ought, in their opinion, to be published ; and if the House order the publication of the same, that said committee shall direct the size and manner of execution of all such maps, charts, drawings, or other papers, and contract by agreement, in writing, for all such engraving, lithograph- ing, printing, drawing, and coloring, as may be ordered by the House ; which agreement, in writing, shall be fur- nished by said committee to the Committee of Accounts, * So much of this rule as directs the Committee of Accounts to audit and settle the mileage and daily pay of the members was adopted at the 1st ses- sion 12th Congress, (1811). At the 1st session of the 25th Congress, (1837,) a Standing Committee on Mileage was created, for the especial purpose of ascertaining and reporting the mileage for which each member shall receive pay. See rule 103. f-See rule and note to rule 102. t The resolution of Congress " regulating the printing of Congress, and establishing the compensation for the same," approved July 23, 1846, pro- vides that " When any order for printing requires maps or charts, the same shall be obtained under the direction of the Committee on Contingent Ex- penses of the House making such order." 96 RULES OF THE U. S. HOUSE OF REPRESENTATIVES. to govern said committee in all allowances for such works ; and it shall be in order for said committee to report at all times. R. 105. Six additional standing committees shall be appointed at the commencement of the first session in each Congress, whose duties shall continue until the first session of the ensuing Congress. 1. A committee on so much of the public accounts and ex- penditures as relate to the Department of State ; 2. A committee on so much of the public accounts and ex- penditures as relate to the Treasury Department; 3. A committee on so much of the public accounts and ex- penditures as relate to the Department of War ; 4. A committee on so much of the public accounts and ex- rp o cons j s t o i penditures as relate to the Department of the Navy ; s. g ve 5. A committee on so much of the public accounts and ex- ^ ers each. penditures as relate to the Post Office ; and 6. A committee on so much of the public accounts and ex- penditures as relate to the Public Buildings. R. 106. It shall be the duty of the said committees to examine into the state of the accounts and expenditures respectively submitted to them, and to inquire and report particularly Whether the expenditures of the respective depart- ments are justified by law ; Whether the claims from time to time satisfied and dis- charged 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 moneys 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 appli- RULES OP THE U. S. HOUSE OF REPRESENTATIVES. 97 cation of the public moneys, and to secure the Govern- ment from demands unjust in their character or extrava- gant in their amount. And it shall be, moreover, the duty of the said com- mittees to report, from time to time, whether any, and what, 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 moneys which may be due to the United States from public defaulters or others ; and to report, from time to time, such provisions and arrangements as may be necessary to add to the economy of the several departments and the accounta- bility of their officers.* tit shall be the duty of the several Committees on Public Expenditures to inquire whether any offices be- longing to the branches or departments, respectively, concerning whose expenditures it is their duty to inquire, have become useless or unnecessary ; and to report, from time to time, on the expediency of modifying or abolish- ing the same : also, to examine into the pay and emolu- ments of all offices under the laws of the United States ; and to report from time to time such a reduction or in- crease thereof as a just economy and the public service may require. R. 107. The several standing committees of the House shall have leave to report by bill or otherwise. R. 108. No committee shall sit during the sitting of the House, without special leave. R. 109. It shall be the duty of the Clerk to make, and cause to be printed, and delivered to each member at the commencement of every session of Congress, a list of the Sec notes to rules 78 and 89. {This part of the duties of those committees was, previous to 1841, over- looked, and omitted in the rules. 9~~ ' G RULES OF THE U. S. HOUSE OF REPRESENTATIVES. reports 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 Journal 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 expected. R. 110. 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. R. 111. 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. R. 112. Whenever confidential communications are received from the President of the United States, the House shall be cleared of all persons, except the mem- bers, Clerk, Sergearit-at-arms, and Doorkeeper,* and so continue during the reading of such communications, and (unless otherwise directed by the House) during all de- bates 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 communicated requires secrecy or riot, and take order accordingly. R. 113. All questions relating to the priority of busi- ness to be acted on, shall be decided without debate. * In the rule as originally established on the 17th February, 1792, it is provided that the House be cleared of all persons, except " the members and the Clerk." In the rules of the 13th November, 1794, the language used is the members of the House and its officers." In the edition of 7th January, 1802, the terms "members and Clerk" are again used; and on the 23d De- cember, 1811, it was changed to its present form, so as to include the Ser- geant and Doorkeeper. RULES OF THE V. S. HOUSE OF REPRESENTATIVES. 99 OF BILLS. R. 114. Every bill shall be introduced on the report of a committee, or by motion for leave. In the latter case, at least one day's notice shall be gi~en of the motion* in the House, or by filing a memorandum thereof with the Clerk, and having it entered on the Journal ; and the motion shall be made, and the bill introduced, if leave is given, when resolutions are called for : such motion, or the bill when introduced, may be committed. R. 115. Every bill shall receive three several readings in the House, previous to its passage ; and 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. R. 116. The first reading of a bill shall be for informa- tion, arid, 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.t * In the early stages of the Government, before the institution of standing committees, it was the common practice to introduce bills, on motion for leave, by individual members ; the bills were then referred to a select com- mittee, to examine and report upon. The practice, however, of introducing bills by members, on leave, gradually grew into disuse as standing commit- tees were created, and, for nearly thirty years, no case occurs on the Jour- nals. A few cases have occurred within the last five or six years. It is an inconvenient practice, and does not facilitate business. Previous to the 13th March, 1822, so strict was the House upon the introduction of bills, that standing committees had to obtain leave, in every case, to report by bill. On that day the 107th rule was adopted. { But not on the day of its introduction ; that is prohibited by rule 1 15. The meaning of the rule is, that it passes to its second reading the next day " without motion or question ;" it is the duty of the Speaker then to take it up, and give it the second reading when clearing his table under the 25th rule. If no opposition be made to a bill, or if the question to reject be nega- tived, and the bill receives its second reading forthwith, (as is usual,) it is always understood that it is by " special order of the House." In the rapid 100 RULES OF THE U. S. HOUSE OF REPRESENTATIVES. R. 117. 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 ; [if no motion be made to commit, the question shall be stated on its en- grossment ; and if it be not ordered to be engrossed on the day of its being reported, it shall be placed in the general file on the Speaker's table, to be taken up in its order.] But, if the bill be ordered to be engrossed, the House shall appoint the day when it shall be read the third time. R. 118. Not more than three bills, originating in the House, shall be committed to the same Committee of the Whole ; and such bills shall be analogous in their nature, which analogy shall be determined by the Speaker. R. 119. A motion to strike out the enacting words of a bill shall have precedence of a motion to amend ; and, if carried, shall be considered equivalent to its rejection.* R. 120. After commitment and report thereof to the House, or at any time before its passage, a bill may be recommitted.! and hurried manner in which bills are now reported and acted upon, the mo- tion is seldom or never made, nor is the question put, " Shall the bill be now read a second time." The Speaker takes it for granted that the motion has been made and allowed, and announces the second reading as soon as the first reading is completed. When a bill is read the first time, and no dispo- sition of it be moved, it remains on the Speaker's table, to receive its second reading on the next day, as matter of course, in the 3d class of the 25th rule. * Rule 119 may be considered an exception to the 46th rule. It was adopted on the same day and takes precedence of a motion to amend. Rule 119 has, however, of late years fallen into disuse. In the ordinary sessions of the House the motion "TO LAY upon THE TABLE" is used in its stead. In Committee of the Whole its place is supplied by reporting the measure to the House and recommending that IT DO NOT PASS. f A difference of opinion often arises as to the construction of this rule. Anciently, it was held and practised upon, according to its terms, that a bill RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 101 R. 121. All bills ordered to be engrossed shall be exe- cuted in a fair round hand. R. 122. No amendment by way of rider shall be re- ceived to any bill on its third reading. R. 123. 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. R. 124. It shall be a standing order of the day, through- out the session, for the House to resolve itself into a Com- mittee of the Whole House on the state of the Union.* R. 125. In forming a Committee of the Whole House, the Speaker shall leave his chair, and a chairman, to pre- side in committee, shall be appointed by the Speaker.! R. 126. Whenever the Committee of the Whole on the state of the Union, or the Committee of the Whole House, finds itself without a quorum, the chairman shall cause the roll of the House to be called, and thereupon the committee shall rise, and the chairman shall report the could be recommitted at any time before its passage. Of late years, it has been decided that, if the previous question, on its passage, be ordered, a mo- tion to recommit is not in order, but that the question must be put on the passage of the- bill. I think the practice unsound. The intention of a re- commitment is for the purpose of perfecting the bill, and it is endangered by forcing its passage in an imperfect state. * For more than forty years it was held and practised, under this rule, that the House could resolve itself into a Committee of the Whole on the state of the Union at any time. Recently, however, a different practice prevailed, it being held that several of the rules prescribing the order of business, as well as special orders, interposed to prevent it ; in consequence of which, the House, on the 1st June, 1840, amended the 136th rule so as to go into Com- mittee of the Whole on the state of the Union at any time : in other words, restored the ancient practice under the 124th rule. j- Originally the rule was silent as to the mode of appointing a chairman of the Committee of the Whole. He was appointed by the House by nomi- nation and vote thereon. That practice became very inconvenient ; and on the 13th November, 1794, the rule was amended by adding "by the Speaker." 9* 102 RULES OF THE U. S. HOUSE OP REPRESENTATIVES. names of the absentees to the House, which shall be en- tered on the Journal.f R. 127. 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 amend- ments, 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. R. 128. All amendments made to an original motion in committee shall be incorporated with the motion, and so reported. R. 129. All amendments made to a report committed to a Committee of the Whole House shall be noted, and reported, as in the case of bills. R. 130. 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. R. 131. 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. R. 132. No sum or quantum of tax or duty, voted by I a Committee of the Whole House, shall be increased in the House until the motion or proposition for such in- crease shall be first discussed and voted in a Committee of the Whole House ; and so in respect to the lime of its continuance. * This refers to bills in manuscript and bills from the Senate. It was long after the date of this rule that the practice of printing the bills was adopted, f See rule 63-64 & 65. RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 103 R. 133. All proceedings touching appropriations of money shall be first discussed in a Committee of the Whole House.* R. 134. The rules of proceedings in the House shall be observed in a Committee of the Whole House, so far as they may be applicable, except the rule limiting the times of speaking ; [but no member shall speak twice to any question, until every member choosing to speak shall have spoken.] R. 135. In Committee of the Whole on the state of the Uniont the bills shall be taken up and disposed of in their order on the calendar; but when objection is made to the consideration of a bill, a majority of the committee shall decide, without debate, whether it shall be taken up and disposed of, or laid aside ; provided that general ap- propriation bills, and, in time of war, bills for raising men or money, and bills concerning a treaty of peace, shall be preferred to all other bills, at the discretion of the com- mittee, and when demanded by any member, the ques- tion shall first be put in regard to them. R. 136. 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 ;] nor shall the order of business, as * This rule, as first adopted, required all proceedings touching appropria- tions of money to be first moved in Committee of the Whole. The word " moved" was struck out on the 17th December, 1805, as it was found, in practice, greatly to retard public business. j- See note to rule 30, page 76. i The words " or changed" were added on the 23d December, 1811. This rule was amended at this place, June 18, 1841, [extra session 27th Congress,] by inserting these words : " It shall not be in order to move a sus- pension of the rules for any purpose, until after the daily call for petitions, reports of committees, and resolutions shall be completed, except for a motion to proceed to the orders of the day." At the commencement of the next ses- 104 RULES OF THE U. S. HOUSE OP REPRESENTATIVES. established by the rules, be postponed or changed, except by a vote of at least two-thirds of the members present. [The House may, at any time, by a vote of a majority of the members present, suspend the rules and orders for the purpose of going into the Committee of the Whole House on the state of the Union ; and also for providing for the discharge of the Committee of the Whole House, and the Committee of the Whole House on the state of the Union] from the further consideration of any bill referred to it, after acting without debate on all amend- ments pending, and that may be offered.* R. 137. Except during the last ten days of the session, the Speaker shall not entertain a motion to suspend the rules of the House at any time, except on Monday of every week : provided nothing herein contained shall be construed to alter so much of the 136th rule as provided as follows : " The House may at any time, by a vote of a majority of the members present, suspend the rules and orders for the purpose of going into the Committee of the Whole House on the state of the Union ; and, also, for providing for the discharge of the committee from the further consideration of any bill referred to it, after acting without debate on all amendments pending, and that may be offered. R. 138. It shall be in order for the Committee on En- rolled Bills to report at any time. R. 139. The rules of Parliamentary Practice, comprised in Jefferson's Manual, shall govern the House in all cases to which they are applicable, and in which they are riot inconsistent with the Standing Rules and Orders of the sion, the House adopted the rules of the 26th Congress, by which this and all other amendments made at the extra session fell. * December 4, 1843, the rules of the 27th Congress were adopted, with the exception of this rule. On the llth March, 1844, this rule was re- adopted. RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 105 House, and the Joint Rules of the Senate and House o Representatives.* R. 140. No person shall be permitted to perform divine service in the chamber occupied by the House of Repre- sentatives, unless with the consent of the Speaker. R. 141. The rule for paying witnesses summoned to appear before this House, or either of its committees shall be as follows : For each day a witness shall attend the sum of two dollars ; for each mile he shall travel in coming to or going from the place of examination, the sum of ten cents each way ; but nothing shall be paid for travelling home when the witness has been summoned at the place of trial. R. 142. The Clerk shall, within thirty days after the close of each session of Congress, cause to be completed the printing and primary distribution, to members and delegates, of the Journal of the House, together with an accurate index to the same. R. 143. There shall be retained in the library of the Clerk's office, for the use of the members there, and not to be withdrawn therefrom, two copies of all the books and printed documents deposited in the library. R. 144. The Clerk shall have preserved for each mem- ber of the House an extra copy, in good binding, of all the documents printed by order of either House at each future session of Congress. R. 145. The Clerk shall make a weekly statement of the resolutions and bills (Senate bills inclusive) upon the Speaker's table, accompanied with a brief reference to the orders and proceedings of the House upon each, and the date of such orders and proceedings ; which state- ment shall be printed for the use of the members. * The rules of Congress embrace all that is essential in common legislative proceedings. In order, however, to meet any contingency and gratify curi- osity, Jefferson's Manual, with all the Latin phrases translated, has been in- serted in the latter part of this volume. See page 147. ADOPTED May 19, ISM. June 5, Jun IS, Dec. 2 162C FeUr'v !>, Ittfl. April 23 1830. iOb RULES OF THE U. S. HOUSE OF REPRESENTATIVES. R. 146. The Clerk shall cause an index to be prepared to the acts passed at every session of Congress, and to be printed and bound with the acts. R. 147. The unappropriated rooms in that part of the Capitol assigned to the House shall be subject to the order and disposal of the Speaker, until the further order of the House. R. 148. Maps accompanying documents shall not be printed, under the general order to print, without the special direction of the House. R. 149. No committee shall be permitted to employ a clerk at the public expense, without first obtaining leave of the House for that purpose. R. 150. No extra compensation shall be allowed to any officer or messenger, page, laborer, or other person in the service of the House, or engaged in or about the public grounds or buildings : and no person shall be an officer of the House, or continue in its employment, who shall be an agent for the prosecution of any claim against the Government, or be interested in such claim otherwise than an original claimant ; and it shall be the duty of the Committee of Accounts to inquire into and report to the House any violation of this rule. R. 151. Upon the engrossment of any bill making ap- propriations of money for works of internal improvement of any kind or description, it shall be in the power of any member to call for a division of the question, so as to take a separate vote of the House upon each item of im- provement or appropriation contained in said bill, or upon such items separately, and others collectively, as the member making the call may specify ; and if one-fifth of the members- present second said call, it shall be the duty of the Speaker to make such divisions of the question, and put them to vote accordingly. R. 152. The following resolution was passed by the RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 107 House of Representatives, January 30, 1846. Journal Ho. Reps., 1st sess. 20th Congress, page 323. " Whereas the Clerk of this House is by law made the responsible officer for the proper disbursement of the con- tingent fund, and is required to give bond for the faithful disbursement thereof: therefore, " Resolved, That, from and after the passage of this reso- lution, all contracts, bargains, or agreements, relative to the furnishing any matter or thing, or for the performance of any labor for the House of Representatives, be made with the Clerk, or approved by him, before any allow- ance shall be made therefor by the Committee of Ac- counts." JOINT RULES AND ORDERS OF THE TWO HOUSES. RULE 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 committees shall, at a convenient 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 amend- ment, and confer freely thereon. R. 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 respectfully communicated to the Chair by the person by whom it may be sent. R. 3. The same ceremony shall be observed when a message shall be sent from the House of Representatives to the Senate. R. 4. Messages shall be sent by such persons as a 108 JOINT RULES. ADOPTED. Nov. 13, 1794. Nov. 13, 1794. Nov. 13, 1794, and Feb. 1,1827 Nov. 13, 1794. Nov. 13, 1794. Nov. 13, 1794. sense of propriety in each House may determine to be proper. R. 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. R. 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 United States. R. 7. When bills are enrolled, they shall be examined by a joint committee of two from the Senate and two from the House of Representatives, appointed as a stand- ing committee for that purpose, who shall carefully com- pare the enrollment with the engrossed bills, as passed in the two Houses, and, correcting any errors that may be discovered in the enrolled bills, make their report forth- with to their respective Houses. R. 8. 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. R. 9. 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. R. 10. All orders, resolutions, and votes, which are to be presented to the President of the United States, for his JOINT RULES. 109 approbation, shall also, in the same manner, be previ- ously enrolled, examined, and signed ; and shall be pre- sented in the same manner, and by the same committee, as provided in the cases of bills. R. 11. When the Senate and House of Representatives shall judge it proper to make a joint address to the Presi- dent, 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. R. 12. 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 shall have passed. R. 13. When a bill or resolution which has been passed in one House shall be rejected in the other, it shall not be brought in during the same session, without a notice of ten days, and leave of two-thirds of that House in which it shall be renewed. R. 14. Each House shall transmit to the other all pa- pers on which any bill or resolution shall be founded. R. 15. After each House shall have adhered to their disagreement, a bill or resolution shall be lost. R. 16. No bill that shall have passed one House shall be sent for concurrence to the other on either of the three last days of the session. R. 17. No bill or resolution that shall have passed the House of Representatives and the Seriate shall be pre- sented to the President of the United States, for his ap- probation, on the last day of the session. R. 18. When bills which have passed one House are ordered to be printed in the other, a greater number of copies shall not be printed than may be necessary for the use of the House making the order. R. 19. No spirituous liquors shall be offered for sale, or exhibited, within the Capitol, or on the public grounds adjacent thereto. 10 110 JOINT RULES. R. 20. A committee, consisting of three members of the Senate and three members of the House of Representa- tives, shall be chosen by their respective Houses, which shall constitute a Committee on Printing, which shall have power to adopt such measures as may be deemed necessary to remedy any neglect or delay on the part of the contractor to execute the work ordered by Congress, and to make a pro rata reduction in the compensation allowed, or to refuse the work altogether, should it be inferior to the standard ; and in all cases, the contractor and his securities shall be responsible for any increased expenditure consequent upon the non-performance of the contract. The committee shall audit and pass upon all accounts for printing ; but no bill shall be acted upon for work that is not actually executed and delivered, and which they may require to be properly authenticated. R. 21. It shall be in order for the Committee on Print- ing to report at any time. R. 22. After six days from the commencement of a second or subsequent session of Congress, all bills, reso- lutions, or reports which originated in either House, and, at the close of the next preceding session, remained un- determined in either House, shall be resumed and acted on in the same manner as if an adjournment had not taken place. INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. Ill INDEX TO THE RULES AND ORDERS OF THK HOUSE OF REPRESENTATIVES, AND TO THE JOINT RULES. A. Rule ABSENT MEMBERS, their attendance may be compelled by fifteen members ------- 65 ABSENT, no member allowed to be, unless sick or on leave - 66 ABSENTEES at a call, proceedings against ----- 64 ACCOUNTS OF MEMBERS, Sergeant to keep ----- 70 ACTS AND ADDRESSES signed by the Speaker - ... 15 ADDRESS TO THE PRESIDENT, how to be presented (joint rule) * 11 ADHERE, effect of a vote in the two Houses to (joint rule) - - 15 ADJOUUN, motion to, always in order, but not to be debated - 48 " hour to be entered ------- 49 ADMISSION within the Hall, the persons entitled to 17 AGENTS for claims --------- 150 AMEND, order of motion to ---...- 46 AMENDMENT not to be admitted, if on a subject different from that under consideration ------ 65 AMENDMENTS to engrossed bills, by way of rider, not permitted - 122 " to engrossed bills, to be kept on separate paper - 127 " to original motions, in Committee of the Whole - 128 " to bills and resolutions, cannot be made by adding other bills or resolutions - - - - .-ib.-. 4 55 " tc rules, proposition of ..... 136 " to reports in Committee of the Whole 129 u to bills on which the two Houses disagree, confer- ence upon (joint rule) - - 1 " of Senate, to bills, when considered ... 27 112 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. Rule APPEALS, how made and debated ...... 2 " proceedings in case of, for transgressing rules - - 35, 36 " not debated on previous question .... 51 APPROPRIATION BILLS, may be amended in Committee of the Whole out of their order ... 135 " " to be reported within thirty days - - 79 " " to have preference in order of day - 80 " " appropriations not authorized by law, not to be made ..... 81 APPROPRIATION FOR TREATIES not to be included in bills making appropriation for other objects - 78 APPROPRIATIONS to be first discussed in Committee of the Whole 133 " votes upon each item of, may be taken - - 151 B. BALLOT for committees ........ 7 " in other cases ........ 11 BALLOTS, blank, not counted - ' - - - - - 11 " no person to look on when tellers are counting - 39 BAR, no member to vote unless within the ..... 40 BILLS off THE TABLE, when to be taken up and disposed of- - 27 BILLS reported at first session, to be resumed at second ~t : '' 22 " private, to have precedence on Fridays and Saturdays - 29 " to be called over on first and fourth Fridays of every month preference to those not objected to - - 30 " rejected, if enacting words be stricken out "> - - 119 " cannot be amended by adding other bills - - - - 55 " proceedings on leave to introduce - - - - - 1 14 " how to be introduced or reported - - - - - 114 " leave to introduce -------- 114 " making appropriations, to be reported within thirty days - 79 " " " to have preference in order - * "'*. 80 " " not authorized by law excluded - 81 " " " to be first discussed in Committee of the Whole- ." " . - 133 " the several readings of ------. 115 " if opposed on first reading, question to reject to be put, &c. 116 " how to be disposed of on second reading - - - - 117 " not more than three to be committed to the same Committee of the Whole - - .-^tfW'T'V - ;'- .' 118 " may be recommitted at any time before passage - - 120 " to be engrossed in a fair round hand '-..* ... 121 " amendments of Senate, when considered .... 27 INDEX TO THE KULES OP THE HOUSE OF REPRESENTATIVES. 113 Bule BILLS, engrossed, when to be read a third time .... 27 from the Senate, when to be read and disposed of - - 27 not to be amended on third reading by rider ... 122 " when passed, to be certified by the Clerk - ... 123 " [in Committee of the Whole] how to be taken np ; not to be interlined ; amendments to, how to be kept and re- ported ; and, after report, may be again debated and amended -- 127 " on their passage to be on paper (joint rule) ... 5 " to be enrolled on parchment after passing the two Houses (joint rule) ........ 6 (See Engrossed Bilk.') " passed one House and lost in the other, notice to be given of (joint rule) ........ 12 " passed one House and lost in the other, how they may be re- newed (joint rule) ....... 13 " when sent from one House to the other, to be accompanied by the papers on which they are founded (joint rule) - 14 " not to be sent from one House to the other for concurrence on the three last days of the session (joint rule) - 16 " not to be presented to the President on the last day of a session (joint rule) ....... 17 " joint rule relative to printing of 18 " resolutions, and reports not disposed of at one session of a Congress, which shall have passed either House, to be taken up after six days of a succeeding session (joint rule) -, 22 BLANKS, rule respecting the filling of ..... 130 BLANK BALLOTS, not to be counted ..... 11 BOND of Sergeant-at-arms ........ 71 BUSINESS, unfinished, precedence of ..... 68 BUSINESS, unfinished at first, to be resumed at second session of Congress - - - - - - - .,,' 22 " daily order of - - - - - - - - . 23 " order of, changed or postponed, two-thirds necessary 136 " no debate on priority of - - - - - - 113 BCSINESS ON THE TABLE, when to be taken up and disposed of 27 BUSINESS ox THE SPEAKER'S TABLE, mode of disposing of - 27 " " " list to be made of - - 145 " private, to have preference on Fridays and Saturdays - 29 " " to be called over on first and fourth Fridays in every month, and preference given to matters not objected to - - - - * - 30 10* ~HT~ INDEX TO THE RULES OP THE HOUSE OF REPRESENTATIVES. C. Rule CALLS ON DEPARTMENTS for information, rules relating to - - 01 CALLS OF THE HOUSE, names called alphabetically ... 62 " " " in order prior to second of previous question, but not after ...... 50 " " " proceedings on a call .... 63, 64 " " " Speaker and fifteen members may compel at- tendance of absent members ... 65 CAPITOL, unappropriated rooms in- - - - - - 147 " no spirits to be brought within or about (joint rule) - 19 CHAIR, Speaker may substitute a member to take the ... 6 CHAIRMAN OF COMMITTEE, who shall be ----- 8 " OF COMMITTEE OF WHOLE, Speaker names - - 125 CHARGE ON THE PEOPLE, motions for - - - - - - 131 CLAIMS, officers of House not to prosecute - .... 150 CLERK to cause resolutions to be delivered to President, &c. - 61 " to take an oath to act faithfully, and tenure of appoint- ment, &c. ----.--.. 21 " to make a list of reports to be made by public officers to Congress - - - - 109 " to forward the Journals to Governors of the States - - 110 " to make weekly a list of business on Speaker's table - - 145 " to cause Journal to be completed and distributed - - 142 " to furnish members with bound documents ... 144 " to cause the laws to be indexed ..... H6 " all contracts, &c., to be made or approved by - - 152 " to note questions of order - - - - - - 111 " to attest legal acts signed by the Speaker ... 15 " to retain certain books in the office library ' " - 143 CLERKS TO COMMITTEES, House must order employment of - 149 COMMIT OR AMEND, order of motions to - - - - ^ 46 COMMITTEES, how to be appointed ...... 7 " who shall be chairman ..... 8 " to meet on call of two members - - - - 10 " order in which they shall be called for reports - 25 " a member may, in a certain case, be excused from serving on ------- 9 " precedence of, in motions for reference ... 47 " appointment of standing ..... 76 duties of, viz : of Elections 77 " of Ways and Means - - 78,79,80,81 * " of Claims 82 " on Commerce .... 83 on Public Lands .... 84 INDEX TO THE RULES OF THE HOUSE OP REPRESENTATIVES. 115 Rule COMMITTEES, duties of, viz : on Post Office and Post Roads ' 85 " " " for the District of Columbia - 86 " " " on the Judiciary .... 87 " " " on Revolutionary Claims - 88 " " on Public Expenditures ... 89 " " on Private Land Claims - : ~" 90 " " on Military Affairs - ... 91 " " " on the Militia .... 92 " " " on Naval Affairs .... 93 " on Foreign Affairs .... 94 " " on the Territories - - - ' 95 " " " on Revolutionary Pensions - 96 " " " on Invalid Pensions ... 97 " " " on Roads and Canals ... 98 " on Patents ..... 99 on Public Buildings ... 100 " " " on Revisal and Unfinished Business 101 " " " of Accounts ..... 102 " "on Mileage 103 " " " on Engraving .... 104 COMMITTEES ON EXPENDITURES, appointment and duties of the six 105, 106 COMMITTEES, STANDING, may report by bill - - - - 107 " not to sit during session of House - ... 108 " not to employ clerks ...... 149 COMMITTEE OF THE WHOLE os THE UNION, a standing order of the day -.'-. ...- 124 " rules may be suspended at any time to go into - - 136 " House may discharge, and terminate debate in - - 136 " how a quorum may be compelled .... 63, 126 " business of to be considered and concluded in order of reference ........ 135 COMMITTEE or THE WHOLE, how formed ..... 125 " how to proceed in cases of bills .... 127 " how to report amendments to original motions - - 128 " how to report amendments to a report - - - 129 " rules of the House to be observed in ... 134 " must first entertain all motions for laying or increas- ing taxes 131,132 " appropriations must be first discussed in - - > 133 COMMITTEE CLERKS, House to order employment of ... 149 COMMITTEE ON EKROLLED BILLS, appointment and duties of (joint rule) ..->' -, I- 7 " to report at any time ...... 139 116 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 31,35 2 35 48 Rule COMMITMENT of motions and reports to be at the pleasure of the House 54 " when different committees are proposed, their order 47 CONFERENCE on disagreeing votes of the two Houses, rule respect- ing (joint rule) ------- 1 CONFIDENTIAL COMMUNICATIONS OR PROCEEDINGS, rules upon - 112 " Sergeant-at-arms sworn to secrecy ... 72 " Doorkeeper sworn to secrecy ... 74 CONSIDERATION, questions of------- 5 CONVERSATION, (private,) not to be entertained while a member is speaking ....... 39 D. DEBATE, provisions for the preservation of order and decorum in - on appeals, limited nature of " on appeals in calls to order prohibited - - - - - " prohibited on motions to adjourn " prohibited on motion to lie on the table " prohibited to speak more than once or twice - - 37,38,134 prohibited on petitions and other papers on day of pre- sentation ----.... 24 " prohibited on priority of business - - - - - 113 " to be precluded by the previous question - - - 50, 5 1 " no speech to exceed one hour ..... 34 " in Committee of the Whole, House may terminate - 136 DEPARTMENTS, calls for information from ----- 61 " list of reports from - - - - . 109 DIVISION OF (QUESTIONS, when and how they may be allowed - 53, 151 DIVISION OF THE HOUSE, how made and decided ... 4 DIVINE SERVICE not to be performed in the Hall, unless by the consent of the Speaker - - - - 140 DISORDER OF THE GALLERY, remedy for - - - > - - 16 DOCUMENTS, members to be furnished with an extra set 144 " rule respecting printing extra numbers - - - 61 DOORKEEPERS, to be appointed ------- 73 " to be sworn to secrecy ..... 74 " required to execute rules strictly - ... 20 DUTIES OR TAXES, rules to be observed respecting the imposition or increase of - E. ELECTIONS, how to be conducted " previous nomination necessary - " votes to be viva voce 131, 132 - 11, 12 13 14 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 117 EN ACTING WORDS, if stricken out, to be considered as a rejection of bill, &c. ...... EXSIGN OR MACE, relating to the ...... KM. HAVIM;, Committee on ----- " duties of'--..... ENUHOSS.MEXT to be in a fair round hand - - - - - ENGROSSED BILLS not to be amended by riders - - ' " " " while on their passage between the two Houses (joint rule.) ...... (See Bills.-) ENROLLED BILLS, Committee on, may report at any time - " ' to be examined by the committee-} " " provision for the appointment of C (joint rule) the Committee on 3 " to be signed by the presiding officers of the Houses (joint rule) _.". i v " how to be presented to the President, and the time to be noted (joint rule) ... " " not to be presented to the President on the last day of session (joint rule) - EXECUTIVE DEPARTMENTS, rules to be observed in calling for in- formation from heads of EXECUTIVE COMMUNICATIONS, when to be read .... EXCUSED FROM VOTING, rule relating to being (rescinded*) - EXCUSED FROM SERVING ON A COMMITTEE, a member may be EXTRA COMPENSATION forbidden ...... F. FEES in cases of calls of the House, payment by members - " of Sergeant-at-arms ........ FBIDAT, private business, precedence on G. GALLERIES may be cleared in cases of disorder - - - * , GOVERNORS, send journals to - - . . . " admitted in the Hall ...... H. HALL to be under the direction of the Speaker .... " persons who may be admitted within the .... " this rule to be strictly executed ..... " not to be used in the performance of Divine service, unless by consent of the Speaker - - -' -. Rule 119 68 76 104 121 122 5 138 7 8 9 17 61 27 42 9 150 64 69 29 16 110 17 6 17 20 140 *So much as relates to reasons for being excused rescinded at 2d sess. 29th Congress. INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. HATS OFF during session of House .... HEADS OF DEPARTMENTS, calls for information from - HOUR ROLE for speaking ----- I. INTERESTED, members not to vote when - INDEFINITELY", questions not to be resumed which are postponed INFORMATION, calls on the President and Departments for - INSERT AND STRIKE OUT, questions indivisible .... INDEX TO LAWS, to be made ...... J. JEFFERSON'S MANUAL, to govern in certain cases ... JOINT RESOLUTIONS, or propositions requiring the consent of the Senate, to be laid on the table one day " " signed by the Speaker - JOURNAL, reading of ........ " to be examined by the Speaker " to be printed and distributed within thirty days after the adjournment ........ " written motions to be entered ..... " to be sent to Governors ...... L. LAWS to be signed by the Speaker ...... " index to be made ........ LIE ON THE TABLE, precedence of a motion to - " no debate on a motion to LIE os THE TABLE ONE DAT, all matters requiring the concurrence of the Senate to - " " all calls on Executive officers for in- formation shall - " " " motion to print extra numbers LIBRARY OF CLERK'S OFFICE, books to be retained ... LOBBT may be cleared in cases of disorder - . - - M. MACE, or symbol of office of the Sergeant ..... MAPS, not printed under common order ..... MANUAL, JEFFERSON'S, to govern in certain cases ... MEMORIALS, when to be presented ...... " rules to be observed on the presentation of " names of members presenting - - - MEMBERS, not to vote, when interested ..... " to be furnished with extra set of documents Rule 39 61 34 40 52 61 53 146 59 15 1 6 142 44 110 15 146 46 48 59 61 61 143 16 68 148 139 23 23,24 60 40 144 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 119 MEMBERS, to sit uncovered ------- their names to be called alphabetically ... proceedings against absentees at call - - - - " to be paid by Sergeant-at-arms - may address the House from the Clerk's desk, or a place near by ...---- MESSAGES BETWEEN THE TWO HOUSES, how to be announced and delivered (joint rules) ------ " by whom to be sent (joint rule) - - MESSAGES FROM SENATE, when considered . . MESSAGES FROM PRESIDENT, when read MILEAGE, duty of Committee on ----- MOHNING HOUR, for reports and resolutions .... " no suspension during - MOTIONS, to be stated by the Speaker or read by the Clerk - " if desired, shall be reduced to writing r " when to be considered as in possession of the House " precedence and order of certain - 47, " may be committed at pleasure - " when they may be withdrawn - N. NAME OF MEMBER presenting petitions - - * **"' " " presenting resolution - NOMINATION, cases in which it shall be necessary - - NEWSPAPERS, reporters to give names of - O. ORDER, proceedings in cases of calls to ..... " Speaker to decide questions of " Speaker to make calls to ----- - " Clerk to note questions of ----- - " questions of, arising after previous question, no debate ORDER OF BUSINESS of the session ------ of the day .-r ' - - " " postponed or changed - - - - - ORDKR OP CALLING for petitions ..... " " for reports of committees ... ORDERS OF THE DAT, when to be called - - : - ""' " " may be moved pending consideration or dis- cussion of reports and resolutions - ~- " " unfinished business to have precedence in Rule 39 62 63,64 70 32 2,3 4 27 27 103 27 136 43 44 45 48, 130 54 44,45 35, 36 2 35 111 51 22 23 136 23 25 27 27 58 120 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. ito 3,3 be decided without debate P. PAT OF MEMBERS, by Sergeant-at-arms PETITIONS, when they may be presented - " rules to be observed on presentation of " rule respecting debate on ... " may be handed to the Clerk - - " name of member presenting PERSONALITY in debate to be avoided POSTMASTER GENERAL, calls for information from POSTMASTER OF HOUSE to be appointed POSTPONED INDEFINITELY, effect of question which is POSTPONE, to day certain, order of motion - " or change order of business PRECEDENCE, or PRIORITY OF BUSINESS, PRECEDENCE of motions ........ PRESIDENT, rules to be observed in calling for information from the manner of presenting bills and resolutions to the (joint rule) ..-.-..- manner of presenting joint addresses to the (joint rule) -------- " no bill or resolution to be presented on the last day of the session to the (joint rule) - PRINTING OF THE TWO HOUSES, Committee on (joint rule) - PRINTING, Committee on, may report at any time (joint rule) PRINTING OF JOURNALS to be completed within thirty days after an adjournment - - - - - PRINTING OF BILLS, joint rule relating to (joint rule) - - - PRINTING, motion for extra numbers to lie one day - - - PREVIOUS Q.UESTION, order of motion for - -'*.' " " rules relating to the - - - - - PRIVATE BUSINESS, to have preference on Fridays and Saturdays " " to be called over on first and fourth Fridays of every month, and preference given to, if not objected to . . - - - PRIVILEGED CHARACTERS, to come within the Hall, named - " rules respecting, to be strictly executed Q. QUESTIONS, precedence of ---..-. " manner of putting ------- " decorum to be observed during the putting of - " may be divided, and the manner of dividing 113 46 61 9 11 17 20 21 142 18 61 46 50,51 29 46 4 39 53 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 121 QUESTIONS to be propounded in the order in which they are moved - - - - - - . ' JUOBUM, fifteen members may compel the attendance of a - " how compelled in Committee of the Whole R. READING A PAPER, if objected to, rule respecting the - roNsi IIKU, rule respecting motions to REFERENCE, order and precedence of motions of - " of motions to be at the pleasure of the House - REPORTERS, rules respecting - - - r " m '. m REPORTS, may be committed at pleasure - . - REPORTS OF COMMITTEES, when to be made .... REPORTS TO BE MADE TO CONGRESS, Clerk to make a list of RESOLUTIONS, when they may be submitted - ' only one at a time ..--- " every alternate Monday set aside for - " those giving rise to debate to lie over - " cannot be amended by adding other resolutions " requiring assent of the Senate, to be laid on the table one day before acting on, &c. - calling on Executive officers for information, to fie one day - - - - - - - ^' * " name of member moving .... " orders, votes, &c., requiring the President's appro bation, shall be signed and presented as in cases of bills (see Bills) (joint rule) - passed one House and lost in the other, notice to be given (joint rule) ...... " not to be presented to the President on the last day of the session (joint rule) - RIDERS, engrossed bills not to be amended by ROOMS, Speaker to dispose of unappropriated - RULES, how to be amended, rescinded, or suspended - " " majority may suspend, to go into Committee of the Whole on the state of the Union ...... " shall not be suspended, except on Monday only, to go into Committee of the Whole ...... 8. SATURDAY, private bills precedence on - - - - SECRECY, rule relating to - - - ."^ - . :. J -' ' " Sergeant-at-arms sworn to - " Doorkeepers sworn to - - - - 11 Rule 130 65 126 57 56 47 54 18, 19 54 25 109 25, 26 25 26 26 55 59 61 60 10 12 17 122 147 136 136 137 29 112 72 74 122 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. Rule SENATE, all orders to be laid on the table one day which require the assent of the -...-.. 59 " bills and resolutions, when to be read - ... 27 " consider messages from ------ 27 " messages to and from (joint rules) - - - - 2, 3 SEHGEANT-AT-ARMS, to be appointed, and duties of the - - 67 " fees of the .----- 69 " " his mace or symbol of office ... 68 " " to pay members ----- 70 " " to give bond -- 71 " " to be sworn to secrecy .... 72 SPEAKER, to take the chair at the hour of meeting - - - 1 " to have preference in speaking to order ... 2 " to rise to put a question ------ 3 " to decide questions of order ..... 2 " to examine the Journal -.-.-- 6 " to have direction over the Hall ----- 6 " to appoint committees ------ 7 " to name member who is to speak .... 33 " to call members to order -.-.-. 35 " to have direction over unappropriated rooms - - 147 " may substitute a member in his place - - - - 6 " case in which he shall or may vote .... 12 " to sign acts, addresses, writs, subpoenas, &c. - 15 " Divine service not to be performed in the Hall, unless by consent of the .- '" '* - - 140 SPEAKER'S TABLE, mode of disposing of business on 25 SPEAKING, rules to be observed in the House - 31, 32, 33, 34, 35, 36, 37 " " in Committee - - - - 134, 32 " private discourse not to be entertained, nor is any person to pass between the chair and the member who is ------.. 39 SPEAK, Speaker to designate the member who is first to 33 " no member to speak more than once or twice - - 37,38,134 SPEECH, no speech to exceed an hour - - - "". 3* SPIRITS, not to be brought within or about the Capitol (joint rule) ! .. 19 STENOGRAPHERS, may be admitted on the floor, &c. ... 13 " further regulations for ----- 19 STRIKE OUT AND INSERT, rules respecting motions to - 53 SUBSTITUTE for a proposition, rule respecting a - 55 SUMMONS, to be signed by the Speaker ..... 15 SUSPENSION OF RULES, two-thirds necessary ... 135 " " only to be permitted on Monday - - 137 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 123 T. Rule TAXES OH DUTIES, respecting the imposition of - ... 131,132 TELLERS may be appointed to count in certain cases ... 4 U. UNCOVERED, members to sit - - . '' , :''.'' 39 UNFINISHED BUSINESS, to have precedence, &c. .... 58 V. VOTE, may be taken on each item of appropriation - - 151 " no member to vote when interested, or without the bar - 40, 41 " every member present shall vote, unless excused - 42 " to be given viva voce ....... 14 VOTING, manner of----.---- 4 " who are to be excluded from ..... 40, 41 " if a member requests to vote, he is to be interrogated by the Speaker -------- 40 VIVA VOCE, elections to be by - - - - '.. W. WITNESSES, how to be subpoenaed ...... 15 " rule for compensating - - - - - - 141 WITHDRAWAL of motions, rule respecting the .... 44, 45 WHITS, SUBPIBNAS, &c., to be signed by the Speake &' - 15 WRITING, motions to be reduced to, if desired 44 WORDS EXCEPTED TO, to be reduced to writing - - 36 Y. YEAS AND NATS, when calling, no one to go near the table - - 39 " " to be taken alphabetically .... 62 INSIDE VIEW OF A LEGISLATIVE HALL v ^x ^$^\ &208 i& ON THE PLAN OF THE HOUSE OF REPRESENTATIVES, U. S. ' : (124) RULES OF THE U. S. SENATE. 125 RULES CONDUCTING BUSINESS SENATE OF THE UNITED STATES. RULE 1. The President having taken the chair, and a quorum being present, the Journal of the preceding day shall be read, to the end that any mistake may be cor- rected that shall be made in the entries. R. 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. R. 3. Every member, when he speaks, shall address the Chair, standing in his place ; and, when he has fin- ished, shall sit down. R. 4. No member shall speak more than twice, in any one debate, on the same day, without leave of the Senate. R. 5. When two members rise at the same time, the President shall name the person to speak ; but in all cases the member who shall first rise and address the Chair shall speak first. R. 6. When a member shall be called to order by the President, or a Senator, he shall sit down ; and every question of order shall be decided by the President, with- 11* 126 RULES OF THE U. S. SENATE. out debate, subject to an appeal to the Senate ; and the President may call for the sense of the Senate on any question of order. R. 7. If the member be called to order by a senator for words spoken, the exceptionable words shall immedi- ately be taken down in writing, that the President may be better enabled to judge of the matter. R. 8. No member shall absent himself from the service of the Senate, without leave of the Senate first obtained. And, in case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the Sergeant-at-arms, or any other person or persons by them authorized, for any or all absent members, as the majority of such members present shall agree, at the ex- pense 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 contin- gent fund. And this rule shall apply as well to the first convention of the Senate at the legal time of meeting, as to each day of the session, after the hour has arrived to which the Senate stood adjourned. R. 9. No motion shall be debated until the same shall be seconded. R. 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, before the same shall be debated. R. 11. When a question is under debate, no motion shall be received but, 1st, to adjourn, 2d, to lie on the table, 3d, to postpone indefinitely, 4th, to postpone to a day certain, 5th, to commit, or, 6th, 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. R. 12. If the question in debate contains several points, RULES OF THE U. S. SENATE. 127 any member may have the same divided : but, on a mo- tion to strike out and insert, it shall not be in order to move for a division of the question : but the rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different pro- position ; nor prevent a subsequent motion, simply to strike out ; nor shall the rejection of a motion simply to strike out prevent a subsequent motion to strike out and insert. R. 1 3. In filling up blanks, the largest sum and longest time shall be first put. R. 14. When the reading of a paper is called for, and the same is objected to by any member, it shall be deter- mined by a vote of the Senate, and without debate. R. 15. The unfinished business in which the Senate was engaged at the last preceding adjournment, -shall have the preference in the special orders of the day. R. 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 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 mem- bers shall be taken alphabetically. R. 17. When the yeas and nays shall be taken upon any question, in pursuance of the above rule, no member shall be permitted, under any circumstances whatever, to vote after the decision is announced from the Chair. R. 18. 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, during the discussion of such motion, the doors shall remain shut. See Art. I., Sec. 5., page 12 Constitution of the U. States. RULES OF THE U. S. SENATE. R. 1 9. 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 ad- dress, or to hear any such read. R. 20. When a question has been once made and car- ried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsidera- tion thereof: but no motion for the reconsideration of any vote shall be in order after a bill, resolution, mes- sage, report, amendment, or motion upon which the vote was taken, shall have gone out of the possession of the Senate, 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 next two days of actual session of the Senate thereafter. R. 21. When the Seriate are equally divided, the Secre- tary shall take the decision of the President. R. 22. 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, ay* or no.* R. 23. The Vice President, or President of the Senate pro tempore, shall have the right to name a member to perform the duties of the chair ; but such substitution shall not extend beyond an adjournment. R. 24. After the Journal is read, the President shall first call for petitions, and then for reports from standing committees ; and every petition or memorial, or other paper, shall be referred, of course, without putting a question for that purpose, unless the reference is objected to by a member at the time such petition, memorial, or other paper, is presented. And before any petition or memorial, addressed to the Senate, shall be received and read at the table, whether the same shall be introduced * See Constitution of the U. States, Art. I., Sec. 5, p. 12. RULES OF THE U. S. SENATE. 129 by the President or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the introducer. R. 25. One day's notice, at least, shall be given of an intended motion for leave to bring in a bill ; and all bills reported by a committee, shall, after the first reading, be printed for the use of the Senate : but no other paper or document shall be printed for the use of the Senate, with- out special order. R. 26. 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. And all resolutions proposing amendments to the constitution, or to which the approbation and signature of the President may be requisite, or which may grant money out of the contin- gent or any other fund, shall be treated, in all respects, in the introduction and form of proceedings on them, in the Senate, in a similar manner with bills; and all other resolutions shall lie on the table one day for considera- tion, and also reports of committees. R. 27. No bill shall be committed or amended until it shall have been twice read, after which it may be referred to a committee. R. 28. All bills on a second reading shall first be con- sidered by the Senate in the same manner as if the Sen- ate were in committee of the whole, before they shall be taken 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 Presi- dent pro tempore, may call a member to fill the chair, dur- ing 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. RULES OF THE U. S. SENATE. R. 29. The final question, upon the second reading of every bill, resolution, constitutional amendment, or mo- tion, originating in the Senate, and requiring three read- ings previous to being passed, shall be, "Whether it shall be engrossed and read a third time ?" and no amendment shall be received for discussion at the third reading of any bill, resolution, amendment, or motion, unless by unanimous consent 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 commitment ; and should such commitment take place, and any amendment be reported by the com- mittee, the said bill, resolution, constitutional amendment, or motion, shall be again read a -second time, and con- sidered as in committee of the whole, and then the afore- said question shall be again put. R. 30. The special orders of the day shall not be called by the Chair before one o'clock, unless otherwise directed by the Senate. R. 31. The titles of bills, arid such parts thereof only as shall be affected by proposed amendments, shall be inserted on the Journals. R. 32. The proceedings of the Senate, when not acting as in committee of the whole, shall be entered on the Journal as concisely as possible, care being taken to de- tail a true and accurate account of the proceedings ; but every vote of the Senate shall be entered on the Journal, and a brief statement of the contents of each petition, memorial, or paper, presented to the Senate, shall also be inserted on the Journal. R. 33. The following standing committees, to consist of five members each, shall be appointed at the com- mencement of each session, with leave to report by bill or otherwise : A Committee on Foreign Relations. A Committee on Finance. RULES OF THE U. S. SENATE. 131 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 Private Land Claims. A Committee on Indian Affairs. A Committee of Claims. A Committee on Revolutionary Claims. A Committee on the Judiciary. A Committee on the Post Office and Post Roads. A Committee on Roads and Canals. A Committee on Pensions. A Committee on the District of Columbia. A Committee on Patents and the Patent Office. A Committee on Retrenchment, to consist of five mem- bers, whose duty it shall be to take into consideration the expenditures of the government in the several depart- ments thereof, and to inquire whether any, and, if any, what retrenchment can be made, without injury to the public service ; and to report thereupon, together with such propositions relative thereto as to them shall seem expedient. A Committee on Territories, to consist of five mem- bers. A Committee of three members, whose duty it shall be to audit and control the contingent expenses of the Senate. A Committee on Public Buildings, to consist of three members, to act jointly with the same committee of the House of Representatives. A Committee on Printing, to consist of three members, to whom shall be referred every question on the printing of documents, reports, or other matter transmitted by COR.RDLC II. REM. RULES OF THE U. S. SENATE. either of the executive departments, and all memorials, petitions, accompanying documents, together with all other matter, the printing of which shall be moved, ex- cepting bills originating in Congress, resolutions offered by any senator, communications from the legislatures of the respective States, and motions to print by order of the standing committees of the Senate ; and it shall be the duty of such Committee on Printing to report in every case in one day, or sooner, if practicable And a committee, consisting of three members, whose duty it shall be to examine all bills, amendments, resolu- tions, or motions, before they go out of possession of the Senate, arid shall deliver the same to the Secretary of the Seriate, who shall enter upon the Journal that the same have been correctly engrossed. R. 34. In the appointment of the standing committees the Senate will proceed by ballot severally to appoint the chairman of each committee, and then, by one ballot, the other members necessary to complete the same ; and a majority of the whole number of votes given shall be ne- cessary to the choice of a chairman of a standing com- mittee. All other committees shall be appointed by ballot, and a plurality of votes shall make a choice. When any subject or matter shall have been referred to a committee, any other subject or matter of a similar nature may, on motion, be referred to such committee. R. 35. When motions are made for reference of the same subject to a select committee, and to a standing committee, the question on reference to the standing com- mittee shall be first put. R. 36. 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. Nominations neither approved nor rejected during the session at which they are made, shall not be acted upon RULES OF THE U. S. SENATE. 133 See Const U. S., Art. II., Sec.'2, at any succeeding session without being again made by the President. When the President of the United States shall meet the Senate in the Senate chamber, the Presi- dent of the Senate shall have a chair on the floor, con- sidered 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. R. 37. Whenever a treaty shall be laid before the Senate for ratification, it shall be read a first time for in- I page 28. formation 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 subse- quent day ; when it shall be taken up as in committee of the whole, and every one shall be free to move a ques- tion 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 con- currence of two-thirds of the senators present shall be requisite to decide affirmatively. And when through the whole, the proceedings shall be stated to the house, and questions shall be again severally put thereon for con- firmation, or new ones proposed, requiring, in like man- ner, a concurrence of two-thirds, for whatever is retained or inserted ; the votes so confirmed shall, by the house, or a committee thereof, be reduced into the form of a ratification, with or without modifications, as may have been decided, and shall be proposed on a subsequent day, when every one shall again be free to move amendments, either by inserting or leaving out words ; in which last 12 II. REPS. 134 RULES OF THE U. S. SENATE. case, the question shall be, " Shall these words stand as part of the resolution ?" And, in both cases, the concur- rence of two-thirds shall be requisite to carry the affirma- tive, as well as, on the final question, to advise and con- sent to the ratification in the form agreed to. R. 38. All confidential communications, made by the President of the United States to the Senate, shall be by the members thereof kept secret ; and all treaties which may be laid before the Senate shall also be kept secret until the Senate shall, by their resolution, take off the injunction of secrecy. R. 39. All information or remarks, touching or con- cerning the character or qualifications of any person nominated by the President to office, shall be kept secret. R. 40. When acting on confidential or executive busi- ness, the Senate shall be cleared of all persons, except the Secretary, the principal or the executive Clerk, the Ser- geant-at-arms and Doorkeeper, and the Assistant Door- keeper. R. 41. The legislative proceedings, the executive pro- ceedings, and the confidential legislative proceedings of the Senate, shall be kept in separate and distinct books.* R. 42. The President of the United States shall, from time to time, be furnished with an authenticated transcript of the executive records of the Senate ; and all nomina- tions approved, or definitively acted on by the Senate, shall be returned by the Secretary, from day to day, as such proceedings may occur ; but no further extract from the executive Journal shall be furnished, except by spe- cial order ; and no paper, except original treaties trans- mitted to the Senate by the President of the United States, or any executive officer, shall be returned or de- livered from the office of the Secretary, without an order of the Senate for that purpose. * See Constitution of the U. States, Art. I., Se'c. 5, p. 12. RULES OF THE U. S. SENATE. 135 R. 43. When an amendment to be proposed to the Constitution 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. R. 44. 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. R. 45. Messages shall be sent to the House of Repre- sentatives by the Secretary, who shall previously endorse the final determination of the Senate thereon. R. 46. 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. R. 47. The following persons, and none others, shall be admitted on the floor of the Senate : members of the House of Representatives, and their Clerk ; the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Attorney General, and the Postmaster General ; the private Secretary of the President, chaplains to Congress, judges of the United 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 in the service of their country, or who have received medals by a vote of Congress ; the governor for the time being of any State or Territory of the Union ; the ex- governors of the several States; the ex-officers of the Senate ; such gentlemen as have been heads of depart- ments, or members of either branch of Congress ; persons who, for the time being, belong to the respective State and Territorial legislatures; and persons belonging to COR. RI-I.K I H. REPS. tons. U. S Art. V., Stc. 1. Rule 56, II- Rep*. Joint R. 4. Role 27, H. Reps. Rule 17, H. Repa. 136 RULES OF THE U. S. SENATE. COR. RULE H. REPS. Rule 6, H. Reps. Rule 152, H Reps. Cons. U. S. Art. I., Sec. 5. such legislatures of foreign governments as are in amity with the United States. R. 48. The presiding officer of the Senate shall have the regulation of such parts of the Capitol and of its pas- sages as are or may be set apart for the use of the Senate and its officers. R. 49. Whenever a claim is presented to the Senate and referred to a committee, and the committee report that the claim ought not to be allowed, and the report be adopted by the Senate, it shall not be in order to move to take the papers from the files for the purpose of referring them at a subsequent session, unless the claimants shall present a memorial for that purpose, stating in what manner the committee have erred in their report, or that new evidence has been discovered since the report, and setting forth the new evidence in the memorial : Pro- vided, That this rule shall not extend to any case where an adverse report, not in writing, shall have been made prior to the 25th of January, 1842. R. 50. Any officer or member of the Senate convicted of disclosing for publication any written or printed matter directed by the Senate to be held in confidence shall be liable, if an officer, to dismissal from the service of the Senate, and, in the case of a member, to suffer expulsion from the body. INDEX TO THE RULES OF THE U. S. SENATE. 137 INDEX TO THE RULES OF THE SENATE THE UNITED STATES. A. ABSENCE, from the Senate, not allowed without leave- - " without leave, in cases of, the Sergeant-at-arms may be sent ADJOURNMENT, motion for, has precedence - ADMISSION on the floor, the persons entitled to - AMENDMENTS to a resolution to amend the Constitution, carried by a majority ........ APPEAL allowed from the decision of the President - Rule 8 8 11 47 43 6 B. BILLS may be introduced upon one day's notice ,.*..,. " shall be read twice before amendment or reference - " reported, shall be printed ....... " shall receive three readings on different days - - - - " on second reading, considered as in committee of the whole " proceedings on, at different stages " titles of, only, and parts affected by amendments, inserted on the Journal .......... " engrossed, how examined, reported, and entered ... " joint rule relative to printing of ----- - BLANKS, 'in filling, what motions have preference .... BUSINESS, unfinished, has preference ...... 12* INDEX TO THE RULES OF THE II. S. SENATE. Rule CHAIR to be addressed ..--3 CHARACTER of persons nominated to be kept secret - - - - 39 CLAIMS, effect of decisions upon --..---49 COMMIT, motion to, in order at any time before final passage - - 29 COMMITTEES, standing ---------33 " how appointed --------34 " reports from standing, when received - - - - 24 " reports of, to lie one day ------ 26 COMMUNICATIONS, confidential to be kept secret - - - - 38 CONFIDENCE, respecting violations of ...... 50 CONSENT, bills may be read three times in one day, by unanimous - 26 " nominations may be considered on the day received, by unani- mous - - -- -36 CONSTITUTION, what majority requisite to amend a resolution proposing amendments to the - - - - - - 43 CONVERSATION among the members, not allowed during the debate, or while papers are reading D. DEBATE, no member to speak more than twice, in one day, in the same, without leave ........4 " not allowed on a call to order ...... 6 " prohibited on a motion to adjourn - - - 1 1 " not allowed on a call for reading papers - - - - 14 " not allowed in taking yeas and nays - - - - - 16 DOCUMENTS, to be printed only by special order - - - -25 E. EXECUTIVE RECORD, extracts from, prohibited - - - 42 EXECUTIVE PROCEEDINGS to be kept in separate books - - - 41 EXPULSION, a cause for --------- 50 F. FLOOR OF SENATE, the persons entitled to admission on the G. GALLERIES, when they shall be cleared - 47 INDEX TO THE RULES OF THE U. S. SENATE. 139 J. Rule JOURNAL, to be read on a quorum assembling "*'' - - 1 " to contain the titles only of bills, and the parts affected by proposed amendments - - - - - - -31 " every vote to be entered on - - - - - 32 " a brief statement of every memorial, petition, and paper, to be entered on -------- 32 " to be as concise as possible, when acting as in committee of the whole - - "j" t j !' ..... 32 " engrossed bills to be entered on - - - - - - 32 L. LEATB to bring in a bill, one day's notice of motion for required - - 25 M. MEMBERS, prohibited from speaking to each other during debate 2 " present, not a quorum, empowered to send for absent mem- bers -----...--8 " shall express assent or dissent by ay or no - - - 22 MEMBER, when he speaks, shall address the chair .... 3 " after speaking shall sit down ...... 3 " shall speak but twice the same day, in one debate, without leave --..-----.4 " first rising and addressing the chair, shall speak first - - 5 " called to order by the President or senator, shall sit down - 6 " words of, shall be taken down, when called to order by a senator - - - - - - - - -7 " shall not absent himself without leave - - - -8 " any, may desire a motion to be reduced to writing - - 10 " may have a question divided, if susceptible of division - 12 " required to vote when yeas and nays are called - - - 16 " not allowed to vote after decision is announced - - - 17 MEMORIAL OB PETITION, contents of t shall be stated before received and read ------ 24 " " when received ----- -.^ 21 " " how referred ...... 24 " " contents of, to be entered on the Journal - 32 MESSENGERS, when introduced .......46 MOTION, not to be debated until seconded ------ 9 " made and seconded, shall, if desired, be reduced to writing - 10 " to be read before debated - - - - - - -10 40 INDEX TO THE RULES OF THE IT. S. SENATE. Rule MOTION, to adjourn has preference - - - - - - -11 " to adjourn, to be decided without debate - - - - 11 " privileged, what shall be, when a subject is under debate - 11 " privileged in filling blanks - - - - - - -13 privileged, in reference to select or standing committees - 35 " to close the galleries, shall be discussed confidentially - 18 " to admit persons for the purpose of presenting memorial, not in order -----.---19 " to reconsider, when and by whom may be made - - -44 N, NEWSPAPERS, not to be read while a member is speaking - NOMINATIONS not to be considered on the day received, unless by con- sent 36 " not finally acted on during the session, to fall - - 36 NOTICE of one day required of an intended motion for leave to bring in a bill 25 O. OFFICER of the Senate, for what liable to dismissal - - 50 ORDERS of the day, special, not called before one o'clock - - - 30 " of the day, special, unfinished business has preference in - 15 ORDER, interruption of- - - - - - -.- -2 " upon a call to, the member shall sit down .... 6 " questions of, to be decided without debate .... 6 appeals on questions of, may be made from the President's de- cision --..-.----6 " on questions of, the President may require the sense of the Senate -.....----6 " upon a call to, by a senator, for words spoken, the exceptionable words shall be taken down ...... 7 P. PAPERS AND DOCUMENTS not to be printed without special order - - 25 PERSONS not admitted to present a memorial, &c. - - - 19 " entitled to admission on floor, the - - - - - 47 PETITION, before received, contents of, to be stated - - - - 24 " when received ........24 " how referred --------- 24 " contents of those presented to be entered on the Journal - 32 INDEX TO THE RULES OF THE U. S. SENATE. 141 Rule PBESIDEHT to be first addressed by the speaker ..... 3 " to decide when two or more rise at the same time to speak 5 " to decide questions of order ...... 6 " may call for the sense of the Senate on a question of order - - _ - - - - - - -6 " may desire a motion to be reduced to writing - - - 10 " to decide on an equal division - - - - - - 21 " decision of, on an equal division, to be taken by the Secre- tary - - - .-.*,..* .- * - 21 " shall put all questions .......22 " may, for a limited time, name a member to perform the duties of the Chair 23 " may appoint a chairman, while the Senate are acting as in committee of the whole ...... 28 " to give notice of the several readings of bills - - - 20 " to have the regulation of the parts of the Capitol appropri- ated to the Senate 48 " to be assigned the President's chair when attending the de- liberations of the Senate - - - - - - 36 PIIESIDIXG OFFICER of the Senate to have the regulation of certain parts of the Capitol - - - - 48 Pui VILEGE of admission to the floor, persons entitled to - - 47 Q- QUESTIOX under debate, when, and by what motions superseded - - 1 1 " may be divided ........12 " final, on second reading ------ -29 " to be decided, ay or no - - - - - - - 22 to be put by the President of the Senate - - - - 22 " on amending the Constitution, short of the main question, to be determined by a majority - - - - - 43 QUORUM, proceedings when a less number shall have assembled 8 R. REAPING NEWSPAPERS prohibited while the Journals or public papers are reading or a member speaking " of a paper called for, and objected to, to be decided by the Senate ..-...----14 RECOSSIDEHATIOX, motion for, may be made by one of the majority - 20 or by a member of the side that prevailed - - 44 142 INDEX TO THE RULES OF THE U. S. SENATE. Rule RECONSIDERATION, motion for, must be made within two days after vote - 20 " motion for, must be made before the subject-matter is out of possession of Senate - - - - 20 " of a question requiring the affirmative vote of two- thirds, to be determined by a majority - -44 RECORD, executive, extracts from, prohibited - - - - - 42 REFERENCE of petitions, &c., how made ------ 24 REPORTS of standing committees, when received - - - - 24 " of committees, to lie one day ------ 26 RESOLUTIONS, requiring approbation of the President to amend Consti- tution, and grant money, to be treated as bills - - 26 other, to lie one day -------26 " on third reading, amended only by consent - - - 29 engrossed, recommitted, and reported, to be again read a second time --------29 S. SECRECY enjoined on confidential communications - - - - 38 " enjoined on remarks on persons nominated - - - - 39 " enjoined on treaties --------38 SECRETARY to endorse bills passed, &c. ------ 45 " to take the decision of the Vice President when the Senate is equally divided - - - - - - -21 " to receive from committee, and enter engrossed bills - - 33 M to furnish the President with transcripts of executive Jour- nal ' 42 " to attend and take minutes when Senate is convened to any other place .-----.-36 " to make returns on nominations, from day to day - - 42 " to return or deliver no paper, except original treaties, with- out order of Senate -------42 " to furnish no extract from executive Journal without spe- cial order ---------42 " to convey messages to House of Representatives - - 45 SENATE, proceedings of, when a number less than a quorum shall have assembled - - t"-^^. 1 ----- 8 " proceedings of, in quasi committee, to be entered concisely - 32 " ceremonial proceedings when met by the President of the United States at any other place than the Senate Cham- ber . - - - - - ,-..m<2 -. ~ - 36 INDEX TO THE RULES OF THE U. S. SENATE. 143 SENATE, relating to the executive proceedings of who shall be admitted when engaged in executive or confi- dential business - - . * s ~ 5 *'" - - 40 " the proceedings of, to be recorded separately - - - 41 " transcripts and extracts from executive records, in what cases furnished .........42 votes of, to be entered on Journal - - - - - 32 " contents of memorials and petitions presented to, to be entered on the Journal - - - - - - -.-32 " shall be cleared of all persons except their officers, when act- ing on executive business ...... 40 " executive proceedings of, to be recorded separately from the legislative .........41 SPEAKING, among the members, prohibited during debate 2 " more than twice in one day, on the same subject, pro- hibited ...-..*. -4 T. TIME, LONGEST, first put -.-----.-13 TREATIES, proceedings on -------- 37 " to be kept secret, until injunction be removed - - - 38 U. UNFINISHED BUSINESS, has preference in special orders - - - 15 V. VICE PRESIDENT, OB PRESIDENT PRO TEMFORE, may appoint a chair- man -----....23 VOTE, every, to be entered on the journal ------ 32 " no member allowed to, after decision is announced - - - 17 i W. WORDS, exceptionable, shall be taken down, when a call to order is made by a senator .------.7 144 INDEX TO THE RULES OF THE U. S. SENATE. Y. YEAS AND NATS, to be called alphabetically " " may be required by one-fifth - to be taken without debate Rule - 16 - 16 - 16 " after being taken, no member allowed to enter his vote - -----IT JEFFERSON'S MANUAL, CONTAINING THE RULES OF PARLIAMENTARY PRACTICE, EXPLANATORY NOTES, A TRANSLATION OF FOREIGN PHRASES, WITH MARGINAL INFERENCES TO THE RULES OF THE TWO HOUSES OF CONGRESS, WEIGH HAVE BOOT DERIVED THEREFROM. WITH AN INDEX. 13 AUTHOR OF THE DECLARATION OP INDEPENDENCE AND OF JEFFERSON'S MANUAL. A MANUAL* OP PARLIAMENTARY PRACTICE. BY THOMAS JEFFERSON. IMPORTANCE OF RULES. SECTION I. THE IMPORTANCE OF ADHERING TO RULES. MR. OXSLOW, the ablest among the Speakers of the House of Com mons, 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 insti- tuted by our ancestors, operated as a check and control on the actions of the majority, and that they were, in many instances, a shelter and protection 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 proposed 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 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 irregularities and abuses which these forms were intended to check, and which the wantonness of power is but too often apt to suggest to large and suc- cessful majorities. [2 Hats. 171, 172. ] * This Manual was compiled more than half a century ago by Ex-President Jefferson :It Parliamentary rules are received as authority, when they do not conflict with those of Congress. See Rule 139, House Representatives, page 134. (147) 148 PRIVILEGE. And whether these forms be in all cases the most rational 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 preserved in a dignified public body. [ 2 Hats. 149. ] SECTION II. 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 enabled them to build law on that example. We can only, therefore, state the point of progression at which they now are. It is now acknowledged, 1st. That they are at all times exempted from question elsewhere for anything said in their own house ; that during the time of privilege, 2d, Neither a member himself, his wife, [ Ord. of the H. of Com. 1663, July 16, ] or his servants, for any matter of their own, may be [Elsynge217. 1 Hats. 21. 1 Grey's deb. 133, ] arrested, on mense pro- cess,* in any civil suit. 3d, Nor be detained under execution, though levied before time of privilege. 4th, Nor impleaded, cited, or sub- poenaed in any court. 5th, Nor summoned as a witness or juror. 6th, Nor may their lands or goods be distrained. 7th, Nor their per- sons assaulted, or characters traduced. And the period 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 con- tinually progressive 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 particular stated laws.' [ 1 Blackst. 163, 164. ] While privilege was understood in England to extend, as it does here, only to exemption from arrest eundo, morando, et reuendo,f the House of Commons themselves decided that ' a convenient time was to be understood.' (1580.) [ 1 Hats. 99, 100. ] Nor is the law so strict in * And compelled to give bail. t For the necessary time of going V, remaining at, and returning from, PRIVILEGE. 149 point of time as to require the party to set out immediately on his return, but allows him time to settle his private affaire and to prepare for his journey ; and does not even scan his road very nicely, nor forfei his protection for a little deviation Trom that which 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 punishable 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 per- form in another place. Privilege from arrest takes place by force of the election ; 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. [ Memor. 107, 108. Dewes, 642, col. 2, 643, col. 1. Pet. miscel, parl. 119. Lex. Part. c. 23. 2 Hats. 22, 62. ] Every man must, at his peril, take notice who are members of either house returned of record. [ Lex. Parl. 23, 4. inst. 24. ] On complaint of a breach of privilege, the party may either be sum- moned, or sent for in custody of the serjeant. [ 1 Grey, 88, 95. ] The privilege of a member is the privilege of the House. If the member waive it without leave, it is a ground for punishing him, bui 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. [ S. P. Protest of the Commons to James I. 1621. 2 Rapin, No. 54, pp. 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 morem parliamentarium, -j- tc 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 per- son or court to take notice of it, till the House has punished the oiFender, or referred him to a due course. [ Lex. Parl. 63. ] Privilege is in the power of the House, and is a restraint to the pro- ceeding of inferior courts ; but not of the House itself. [ 2 Nalson, 450. 2 Grey, 399. ] For whatever 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 submission, commit- ting 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 substance, yet in Parliament a member is privileged as to the mode of proceeding. The case is first to be laid before 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 government, 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, as would make the House what he pleaseth. [ Dec. of the Com. on the King's declaring Sir John Hotham a traitor. 4 Rushw. 586. ] So when a member stood indicted * A summons for answering or testifying. t Contrary to Parliamentary custom. 13 *~ 150 QUORUM. I of felony, it was adjudged that he ought to remain of the House till conviction. For it may be any man's case, "who is guiltless, to be accused and indicted of felony, or the like crime. [23 El. 1580. D'Ewes. 283, col. 1. Lex. Parl. 133. ] When it is found necessary for the piiblic service to put a member under arrest, or when, on any public inquiry, matter comes out which may lead to affect the person of a member, it is the practice immedi- ately to acquaint the House that they may know the reasons for such a proceeding, and take such steps as they think proper. [ 2 Hats. 259. ] Of which see many examples. [ Ib. 256, 257, 258. ] But the com- munication is subsequent to the arrest. [ 1 Blackst. 167. ] It is highly expedient, says Hatsell, for the due preservation of the privileges of the separate branches of the legislature, that neither should encroach on the other, or interfere in any matter depending be- fore them, so as 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 manner. [ 2 Hats. 252. 4 Inst. 15. Seld. Jud. 53. ] Thus the king's taking notice of the bill for suppressing soldiers depending before the House ; his proposing a provisional 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 the debate and preparation of a bill, were breaches of privilege; [2-Nalson, 743, ] and in 1783, December 17, it was declared a breach of fundamental privileges, &c., to report any opinion, or pretended opinion of the king, on any bill or proceeding depending in either House of Parliament, with a view to influence the votes of the members. [ 2 Hats. 251, 6. ] SECTION III. QUORUM. IN general, the chair is not to be taken till a quorum for business is present ; unless, after due waiting, such a quorum be despaired of, when the chair may be taken, and the House adjourned. And when- ever, during business, it is observed that a quorum is not present, any member may call for the House to be counted, and being found deficient, business is suspended. [ 2 Hats. 125, 126. ] CALL OF THE HOUSE. SPEAKER. 151 SECTION IV. CALL OF THE HOUSE. ON a call of the House, each person rises up as he is called and answereth ; the absentees are then only noted, but no excuse to be made till the House be fully called over. Then the absentees are called a second time, and if still absent excuses are to be heard. [ Ord. H. 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 necessary. Orders for calls on different days may subsist at the same time, f 2 Hats. 72. ] SECTION V. SPEAKER. WHEN but one person is proposed, and no objection made, it has not been usual in Parliament to put any question to the House ; but without a question, the members proposing him, conduct him to the chair. But if there be objection, or another proposed, a question is put by the Clerk. [2 Hats. 168.] As are also questions of adjournment. [ G Grey, 406. ] Where the House debated and exchanged messages and answers with the king for a week, without a Speaker, till they were prorogued, they have done it dedie in diem* for fourteen days. [ 1 Chand. 331, 335. ] Where the Speaker has been ill, other Speakers, pro tempore, have been appointed. Instances of this are 1 H. 4. Sir John Cheyney, and so Sir William Sturton, and in 15 H. 6. Sir John Tyrrel, in 1656. Jan. 27, 1658. March 9, 1659. Jan. 13. Sir Job Charlton ill. Seymour chosen 1673, Feb. 18. ~) not mere i y pro Seymour being ill, Sir Robt. Sawyer chosen, 1678, April 16. ^ temp. [1 Chand. Sawyer being ill, Seymour chosen. J 169, 276, 277. ] Thorpe in execution, a new Speaker chosen, [ 31 H. Vt 3 Grey, 11, ] and March 14, 1694, Sir John Trevor chosen. There have been no later instances. 2 Hats. 161. 4 Inst 8 L. Parl. 263. A Speakerf may be removed at the will of the House, and a Speaker pro temporef appointed. [2 Grey, 186. 5 Grey, 134. ] * From day to day. t For the occasion. 152 ADDRESS. COMMITTEES. SECTION VI. ADDRESS. A JOINT uddress of both Houses of Parliament is read by the Speaker of the House of Lords. It may be attended by both Houses in a body, or by a Committee from each House, or by the two Speakers only. An address of the House of Commons only, may be presented by the whole House, or by the Speaker, [ 9 Grey, 473. 1 Chandler, 298, 301, ] or by such particular members as are of the Privy Council. [2 Hats. 278.] SECTION VII. COMMITTEES. STANDING Committees, as of Privileges and Elections, &c., are usually appointed at the first meeting, to continue through the session. The person first named is generally permitted to act as Chairman. But this is a matter of courtesy ; every Committee having a right to elect their own Chairman, who presides over them, puts questions, and reports their proceedings to the House. [4 Inst. 11, 12. Scob. 9. 1 Grey, 122. ] At these Committees the members are to speak standing, and not sitting ; though there is reason to conjecture it was formerly otherwise. [ D'Ewes, 630, col. 1. 4 Parl. hist. 440. 2 Hats. 77. ] Their proceedings are not to be published, as they are of no force till confirmed by the House. [ Rushw. part 3, vol. 2. 74. 8 Grey, 401. Scob. 39. ] Nor can they receive a petition but through the House. [ 9 Grey, 412. ] When a Committee is charged with an inquiry, if a member prove to be involved, they cannot proceed against him, but must make a special report to the House, whereupon the member is heard in his place, or at the bar, or a special authority is given to the Committee to inquire concerning him. [ 9 Grey, 523. ] So soon as the House sits, and a Committee is notified of it, the Chairman is in duty bound to rise instantly, and the members to attend the service of the House. [ 2 Nals. 319. ] It appears that on Joint Committees of the Lords and Commons, each Committee acted integrally in the following instances : [ 7 Grey, 261, 278, 285, 338. 1 Chandler, 357, 462. ] In the following instances it does not appear whether they did or not : [ 6 Grey, 129. 7 Grey, 213, 229, 321. ] COMMITTEE OF THE WHOLE. 153 SECTION VIII. COMMITTEE OF THE WHOLE. THE speeches, messages, and other matters of great concernment, are usually referred to a Committee of the whole House. [ 6 Grey, 311. ] Where general principles are digested in the form of resolutions, which are debated and amended till they get into a shape which meets the approbation of a majority. These being reported and confirmed by the House, are then referred to one or more Select Committees, according as the subject divides itself into one or more bills. [ Scob. 36, 44. ] Propositions for any charge on the people are especially to be first made in a Committee of the Whole. [ 3 Hats. 1 27. ] 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 Committees, 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 Speaker, on motion, to put the question, that the House do now resolve itself into a Committee of the Whole to take under consideration such a matter, naming it. If determined in the affirmative, he leaves the chair, and takes a seat elsewhere, as any other member ; and the person appointed Chairman seats himself at the Clerk's table. [ Scob. 36. ] 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 Com- mittee, the Speaker takes the chair, and receives it, because the Com- mittee 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 without an order, to bring the House into order.' Some exceptcd against it ; but it was generally approved as the only expedient to suppress the disorder. And every member was required, standing up in his place, to engage that he would proceed no further in consequence of what had hap- pened 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 ad- journed. The next day the Committee was considered as thereby dis- solved, and the subject again before the House ; and it was decided in the House without returning into Committee. [ 3 Grey, 130. ] No previous question can be put in a Committee ; nor can this Com- mittee adjourn as others may; but if their business is unfinished, they rise, on a question, the House is resumed, and the Chairman reports that the Committee of the Whole have, according to order, had under their consideration such a matter, and have made progress therein; Re. 131, 132.&133, H. Repres. pages 102, 103. Re. 125, H. Repres. p. 101. Re. 126, p. 101. 154 EXAMINATION OF WITNESSES. 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 having leave, and on the time when the House will again resolve itself into a Committee. [ Scob. 38. ] But if they have gone through the matter referred to them, a member moves that the Committee may rise, and the Chairman report their proceeding, 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 busi- ness 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 re- ceive 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. ] SECTION IX. EXAMINATION OF WITNESSES. COMMON fame is a good ground for the House to proceed by inquiry, and even to accusation. [ Resolution House Commons. 1 Car. 1, 1625. Rush. L. ParL 115. 1 Grey, 1622, 92. 8 Grey, 21, 23, 27, 45. ] Witnesses are not to be produced but where the House has previously instituted an inquiry, [2 Hats. 102,} nor then are orders for their attendance given blank. [3 Grey, 61. ] When any person is examined before a Committee, or at the bar of the House, any member wishing to ask the person a question, must address it to the Speaker or Chairman, who repeats the question to the person, or says to him, 'you hear the question, answer it.' But if the propriety of the question be objected to, the Speaker directs the witness, counsel, and parties to withdraw ; for no question can be moved or put, or debated while they are there. [ 2 Hats. 108. ] Sometimes the questions are previously settled in writing before the witness enters. [ Ib. 106, 107. 8 Grey, 64. ] The questions asked must be entered in the Journals. [ 3 Grey, 81 ] But the testimony given in answer before the House is never written down ; but before a Committee it must be, for the information of the House who are not present to hear it. [ 7 Grey, 52, 334. ] If either House have occasion for the presence of a person in custody of the other, they ask the other their leave that he may be brought up to them in custody. [ 3 Hats. 52. ] ARRANGEMENT OF BUSINESS. ORDER. 155 A member, in Ms place, gives information to the House of what he knows of any matter under hearing at the bar. [Jour. H. of C., Jan. 22, 17445. ] Either House may request, but not command the attendance of a member of the other. They are to make the request by message to the other House, and to express clearly the purpose of attendance, that no improper subject of examination may be tendered to him. The House then gives leave to the member to attend, if he choose it ; waiting first to know from the member himself whether he chooses to attend, till which they do not take the message into consideration. But when the Peers are sitting as a court of criminal judicature, they may order attendance ; unless where it be a case of impeachment by the Commons. There 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 sueh points of law only as the House shall direct. [10 Grey, 61. ] SECTION X. ARRANGEMENT OF BUSINESS. THE Speaker is not precisely bound to any rules as to what bills or other matter shall be first taken up, but is left to his own discretion, unless the House on a question decide to take up a particular subject. [ Hakew. 136. ] A settled order of business is, however, necessary for the government 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 usual 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. SECTION XI. ORDER. IN Parliament ' instances make order,' [ per Speaker Onslow, 2 Hats. 141, ] but what is done only by one Parliament, cannot be called cus- tom of Parliament. [ 1 Grey, 52. ] Rule 60, Sen. page 136. Re. 26, 27, H. Heps, p. 74. Const. U. 8. Art. 1. Sec. 6. p. 12. 156 ORDER RESPECTING PAPERS. ORDER IN DEBATE. Rule 42, Sen. page 134. Rule. 31, Ho. Reps, page 76. Re. 3, Sen. p. 125. Rule 33, Ho. Reps p. 76. Re. 5, Sen p. 126. Re. 34, & 37, H. Rep pp. 76, 77 Re. 4 Sen p. 126. SECTION XII. 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, amended a mis- take in a bill without order or knowledge of the Committee, was repri- manded. [ 1 Chand. 77. ] A bill being missing, the House resolved that a protestation should be made and subscribed by the members ' before Almighty God and this honourable House, that neither myself nor any other to my know- ledge, have taken away, or do at this present conceal a bill entitled,' &c. , [ 6 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. ] SECTION XIII. ORDER IN DEBATE. WHEN the Speaker is seated in his chair, every member is to sit in his place. [ Scob. 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 notice 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.] 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 Speaker determines who was first up, and calls him by name, whereupon he proceeds, un- less he voluntarily sits down and gives way to the other. But some- times the House does not acquiesce in the Speaker's decision, in which case the question is put, 'which member was first up?' [2 Hats. 76. Scob. 7. D'Ewes, 434. Col. 1, 2. ] No man may speak more than once 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. ORDER IN DEBATE. 157 [ Co. 12, 116. Hakew. 148. Scob. 58. 2 Hats. 75. ] Even a change of opinion does not give a right to be heard a second time. [ Smyth Comw. L. 2, c. 3. Arcan. Parl. 17. ] But he may be permitted to speak again to clear a matter of fact. [ 3 Grey, 357, 416. ] 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, keeping 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. ] Nevertheless, though the Speaker may of right speak to matters of order, and be first heard, he is re- strained from speaking on any other subject, except where the House have occasion for facts within his knowledge ; then he may, with their leave, state the matter of fact. [ 3 Grey, 38. ] No one is to speak impertinently, or beside the question, superflu- ously or tediously. [ Scob. 31, 33. 2 Hats. 166, 168. Hale Parl. 133.] No person is to use indecent language against the proceedings of 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 propo- sition 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 the House, or who spoke last, or on the other side of the question, &c. [ Mem. in Hakew. 3 Smyth'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 speaking, reviling, nipping, or unmannerly words against a particular member. [ Smyth's Comw. L. 2, c. 3. ] The consequences 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.j- Mr. Speaker ought to suppress. [Ord. Com. 1604, April 19. ] No one is to disturb another in his speech by hissing, coughing, spitting, [6 Grey, 332. Scob. 8. Dewes, 332, col. 1. 640, col. 2,1 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 inclination of the House to hear him, and that by conversation, or any other noise, they endeavor to drown his voice, it is his most prudent way to submit to the'pleasure of the House, and sit down ; for it scarcely ever happens that they are guilty of this piece of ill-manners without sufficient reason, or inattentive to a member who says -any thing worth their hearing. [2 Hats. 77, 78.] Rule 39 Ho. Reps, p. 78. Rule 6, Sen. p. 125. Progress. t Those who depart from the subject to personality. 14 T58 ORDER IN DEBATE. Re. 35 & 36, House Reps, page 77. Rule 7, Sen. page 126. Joint Re. 6, p. 108, 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 exculpation, 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. Misc. 82. 8 Grey, 128. 4 Grey, 328. 5 Grey, 382. 6 Grey, 254. 10 Grey, 8. 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 accommodate their differ- ences, and report to the House, [ 3 Grey, 419, ] and they are put under restraint if they refuse, 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 y-hen 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 satisfied, no further 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, 69.] When any member has spoken, or other business intervened, after offen- sive 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 written 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 Comw. L. 2, c. 3. 2 Hats. 170. ] 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 independency, 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 member 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 dis- respectfully 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 particu- ORDERS OF THE HOUSE. 159 larly of the Speaker to interfere immediately, and not to permit expres- sions to go unnoticed which may give a ground of complaint to the other House, and introduce proceedings and mutual accusations be- tween the two Houses, which can hardly be terminated without difficulty and disorder. [3 Hats. 51. ] No member may be present when a bill or any business concerning himself is debating ; nor is any member to speak to the merits of it til) 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 wit- nesses in the House, as a 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 before 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 withdraw. [ 2 Hats. 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 judge in his own cause, it is for the honor of the House that this rule, of immemorial observ- ance, should be strictly adhered to. [ 2 Hats. 119, 121. 6 Grey, 368. ] No member is to come into the House with his head covered, nor remove from one place to another with his hat on, nor put on his hat in coming in, or removing until he be set down in his place. [ Scob. 6. ] A question of order may be adjourned to give time to look into pre- cedents. [2 Hats. 118.] In Parliament, all decisions of the Speaker may be controlled by the House. I" 3 Grey, 319. J SECTION XIV. ORDERS OF THE HOUSE. OF right, the door of the House ought not to be shut, but to be kept by porters, or Serjeants at arms, assigned for that purpose. [ Mod. Parl. 23.] The only case, where a member has a right to insist on any thing, is where he calls for the execution of a subsisting order 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 carry it into execution ; and no debate or delay can be had on it. Thus any 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 Const. U 8. Art. 1, Sec. 5. p. 12. Rule 40, H. Repres. p. 78. Rule 39, Ho. Reps, p. 78. Re. 2, H. Reps. p. 78. Rule 6, Sen. p. 126. Rule 67, Ho. Reps. )age 85. Rule 18, ten. p. 127 160 PETITIONS there is not a quorum present. [ 2 Hats. 87, 129. ] How far an order of the House is binding, see Hakew. 392. But where an order is made that any particular matter 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. Orders of the day may be discharged at any time, and a new one made for a different day. [ 3 Grey, 48, 313. ] When a session is drawing to a close, and the important bills are all brought in, the House, in order to prevent interruption by further un- important 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 session is ended, be discharged on a habeas corpus.* [Raym. 120. Jacob's L. D. byRuffhead. Parlia- ment, 1 Lev. 165. Prichard's case. ] SECTION XV. PETITIONS. A PETITION prays something. A remonstrance has no prayer. [ 1 Grey, 58. ] Petitions must be subscribed by the .petitioners, [ Scob. 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 members 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,) received by the 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 ques- tioned. [ 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. ] Regularly a motion for receiving it must be made and seconded, and a question put whether it shall be received ? 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. * " Have you the body." This phrase designates the most emphatic -words of a -writ issued by a Judge or Court, commanding a person, who has another in custody, or in imprisonment, to have his body before the Judge or Court at a particular time and place, and to state the cause of imprisonment. The person, whether a sheriff, jailor, or other person, is bound to produce the body of the prisoner at the time and place ap- pointed; if the prisoner is illegally detained, the Judge or Court are bound at once to get him at liberty. MOTIONS. RESOLUTIONS. BILLS, LEAVE TO BRING IN. 161 SECTION XVI. MOTIONS. WHEN a motion has been made, it is not to be put to the question or debated until it is seconded. [ Scob. 21. ] 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. ] It might be asked whether a motion for adjournment or for the orders of the day can be made by one member 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 ad- journment, or for the order of the day, or for the question, by gentle- men from their seats, is not a motion. No motion can be made without rising and addressing the chair. Such calls are themselves 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 XVII. RESOLUTIONS. WHEN the House commands, it is by an 'order.' But facts, princi- ples, their own opinions, and purposes are expressed in the &rm of resolutions. SECTION XVIII. BILLS, LEAVE TO BRING IN. WHEN a member desires to bring in a bill on any subject, he states to the House, in general terms, the causes for doing it, and concludes by 14* L 162 BILLS, FIRST READING. BILLS, SECOND READING. moving for leave to bring in a bill entitled, &c. Leave being given, on the question, a Committee is appointed to prepare and bring in the bill. The mover and seconder are always appointed on this Committee, and one or more in addition. [ Hakew. 132. ] It is to be presented fairly written, without any erasure or interlinea- tion, or the Speaker may refuse it. [ Scob. 41. 1 Grey, 82, 84. ] SECTION XIX. 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 opening for objections, if none be made, he rises again and puts the question whether it shall be read a second time ? [ Hakew. 137, 141. ] A bill cannot be amended at the first reading, [ 6 Grey, 286, ] nor is it usual for it to be opposed then: but it may be done and rejected. [ D'Ewes, 335, col. 1. 3 Hats. 198. ] SECTION XX. BILLS, SECOND READING. 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 so reported the state of the bill, no one is to speak to it. [ Hakew. 143, 146. ] BILLS, COMMITMENT. 163 SECTION XXI. BILLS, COMMITMENT. IF on motion and question it be decided that the bill shall be com- mitted, it may then be moved to be referred to a Committee of the whole house, or to a special Committee. If the latter, the Speaker proceeds to name the Committee. Any member also may name a single person, and the Clerk is to write him down as of the Committee. But the House have a controlling power over 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, coll. 208. D'Ewes, 634, col. 2. Scob. 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 Committee, he ought to ask to be excused. Thus, March 7, 1606, Mr. Hadley was, on the question being put, excused from being of a Committee, declaring himself to be against the matter itself. [ Scob. 46. ] 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 im- mediately into the Committee chamber, and act on, and bring back, the bill, the House continuing to sit. [ Scob. 48. ] A Committee meets when and where they please, if the House has not ordered time and place for them. [ 6 Grey, 370. 1 But they can only act when together, and not by separate consultation and consent, nothing being the report 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. ] The Committee have full power over the bill, or other paper com- mitted 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 address, &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 dis- tinct subjects, originating with themselves, a question is put on each 164 REPORT OP COMMITTEE. separately, as amended, or unamended, and no final question on the whole. [ 3 Hats. 276. ] But if they relate to the same subject, a question is put on the whole. If it be a bill, 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 re- served 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, unless altered, or struck out by a vote. Even if they are opposed to the whole paper, and think it can- not 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 former part. [ 2 Hats. 90. ] In numerous assemblies this restraint is doubtless important. 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 consideration 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. ] When the Committee is through the whole a member moves that the Committee may rise, and the Chairman report the paper to the House, with or without amendments, 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. ^ June 4, 1607. 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 refer- ences to the page, line and word of the bill. [ Scob. 50. ] SECTION XXII. REPORT OF COMMITTEE. THE Chairman of the Committee, standing in his place, informs the House that the Committee, to whom was referred such a bill, have, according to order, had the same under consideration, and have directed BILL, RECOMMITMENT. BILL, REPORT TAKEN UP. 165 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 dis- penses 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 report. [Scob. 52. Hakew. 148.] The report being made, the Committee is dissolved, and can act no more without a new power. [Scob 51.] But it may be revived by a vote, and the same matter recommitted to them. [4 Grey, 361. ] SECTION XXIII. 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 sometimes 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 Committee, and a new resolution must be again moved, as if nothing had passed. [ 3 Hats. 131, note. ]* A particular clause of a bill may be committed without the whole bill, [ 3 Hats. 131, ] or 80 much of a paper to one, and so much to another Committee. SECTION XXIV. BILL, REPORT TAKEN UP. WHEN the report of a paper, originating with a Committee, is taken up by the House, they proceed exactly as in Committee. Here, as in Com- mittee, when the paragraphs have, on distinct questions, been agreed * In the Senate, January, 1800, the Salvage Bill was recommitted three times after the commitment. QUASI-OOMMITTEE BILL, SECOND READING IN THE HOUSE. to seriatim,* [5 Grey, 366. 6 Grey, 368. 8 Grey, 47, 104, 360. 1 Torbuck's deb. 125. 3 Hats. 348, ] no question need be put on the whole report. [ 5 Grey, 381. ] On taking up a bill reported with amendments, the 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 pauses, and gives time for amendments to be proposed in the House to the body of the bill : as he does also if it has been reported without amendments ; putting no questions but on amendments proposed : and when through the whole, he puts the ques- tion whether the bill shall be read a third time ? SECTION XXV. QUASlf-COMMITTEE. The particular form of Parliamentary proceeding in Committee of the whole House is the following : 1. In a Committee every member may speak as often as he pleases. 2. The votes of a Committee may be rejected or altered when reported to the House. 3. A Committee, even of the whole, cannot refer any matter to another Committee. 4. In a Committee no previous question 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, keep- ing down the improper discussion by the previous question. 5. A Com- mittee cannot punish a breach of order, in the House, or in the gallery. [ 9 Grey, 113. ] It can only rise and report it to the House, who may proceed to punish. SECTION XXVI BILL, 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 com- mitment be made, the Speaker reads it by paragraphs, pausing between * In resnilar order. t Just as if. This means where the whole assembly act just as if in Committee, or a Committee of the whole House. BILL, SECOND READING IN THE HOUSE. 167 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 them- selves, 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. The bill being now as perfect as its friends can make it, this is the proper stage for those fundamentally opposed 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 opportunities 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 lastly, 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 members 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 opponents: and it behooves every one to make up his mind decisively for this question, or he loses the main battle ; and acci- dent and management may, and often do, prevent 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. ] 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 to vote on them. But it is a great, though com- mon error, to suppose that he has a right, to ties quoties,* to have acts, journals, 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 impossibility 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, tie Speaker directs it to be read without putting a question, if no one objects. But if objected to, a question 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. [2 Hats. 117, 118. ] 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 rigor is never exercised, but where there is an intentional or gross abuse of the time and patience of the House. A member has not a right even to read his own speech, committed to writing, without leave. This also is to prevent an abuse of time ; and therefore is not refused, but where that is intended. [ 2 Grey, 227. ] Formerly, when papers were referred to a Committee, they used to be first read : but of late, only the titles ; unless a member insists they shall be read, and then nobody can oppose it. [ 2 Hats. 117. ] * Whenever this may occur. Rule 29, R. 123, Ho. Reps, page 101. Rale 57, Ho. Rep. page 84. 168 PRIVILEGED QUESTIONS. Rule 45, Ho. Reps, page 79. He. 130, Ho. Keps. page 102. Rule 48, Ho. Reps, p. 80. Rule 23, Ho. Reps, p. 73, and Rule 27, p. 74. Contrary to House Reps. Re. 46, p. 79, wh. is con- cise and definite on all these Bis points. SECTION XXVII. PRIVILEGED QUESTIONS. '" 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. 22, 28. 2 Hats. 81. ] But this rule gives way to what may be called privileged questions ; and the privileged ques- tions 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, a.nd indefinitely. Yet this motion cannot be received after another question is actually put, and while the House is engaged in voting. Orders of the day take place of all other questions, except for adjourn- ment. That is to say, the question which is the subject of an order is made a privileged one, pro hac vice.* The order is a repeal of the general rule as to this special case. When any member moves, therefore, for the orders of the day to be read, no further debate is permitted on the question which was before the House ; for if the debate might pro- ceed; it might continue through the day, and defeat the order. This motion, to entitle it to precedence, must be for the orders generally, and not for any particular one ; and if it be carried on the question, 'Whether the House will now proceed 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. After these there are other privileged questions which will require considerable explanation. It is proper that every Parliamentary assembly should have certain forms of question so adopted, as to enable them fitly to dispose of every proposition which can be made to them. Such are, 1. 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. . To amend. The proper occasion for each of these questions should be understood. 1. When a proposition is moved, which it is useless or inexpedient now to express or discuss, the previous question 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 session, they postpone it indefinitely. [ 3 Hats. 183. ] This quashes the proposition for that session, as an indefinite adjourn- ment is a dissolution or the continuance of a suit, sine .dief is a discon- tinuance of it. 3. When a motion is made which it will be proper to act on, but infor- mation is wanted, or something more pressing claims the present time, * For this time. f Without naming any particular day. PRIVILEGED QUESTIONS. 169 the question or debate is adjourned to such day within the session as will answer 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 atten- tion, but would be willing to reserve in their power to take up a pro- position 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 conveniently 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, the whole House may then proceed to consider and amend it. Have these questions any privilege 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 follows : 1. Previous question and postpone. " " commit. " " amend. 2. Postpone and previous question. " " commit. " " amend. 3. Commit and previous question. " " postpone. " " amend. 4. Amend and previous question. " " postpone. " " commit. In the first class, where the previous question is first moved, the effect is peculiar. For it not only prevents the after motion to post- pone 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 conse- quently 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. Second class. If postponement be decided affirmatively, the propo- sition is removed from before the House, and consequently 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 committed, or amended. The third class is subject to the same observations as the second. The fourth class. Amendment of the main question first moved, and afterwards the previous question, the question of amendment shall be first put. 15 In the first, second, and third classes, and the first member of the fourth class, the rule 'first moved first put' takes place. 170 PRIVILEGED QUESTIONS. Amendment and postponement competing, postponement is first put, as the equivalent proposition to adjourn the main question would be in Parliament. The reason is, that the question for amendment is not sup- pressed by postponing or adjourning the main question, but remains before the House whenever the main question is resumed ; 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 committing, 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 between 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 for example. Suppose a motion to postpone, commit or amend the main question, and that it be moved to suppress that motion by putting a previous question on it. This is not allowed : because it would embarrass ques- tions 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 commitment, or amend- ment, 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 previous 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 : because when a main question is before the House no motion shall be received but to commit, amend or pre- question the original question. Therefore the motion to postpone the secondary motion for the previous question or for committing or amend- ing, cannot be received. 2. This is a piling of questions one on another, which, to avoid embarrassment, is not allowed. 3. The same result may be had more simply by voting against the previous question, com- mitment or amendment. Suppose a commitment moved of a motion for the previous question, or to postpone or amend. The first, second and third reasons before stated all hold good against this. Suppose an amendment moved to a motion for the previous question. Answer. The previous question cannot be amended. Parliamentary usage fixes its forms to be, Shall the main ques- tion 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- morrow, or any other moment, is without example, and without utility. But suppose a motion to amend a motion for 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 attach- ing itself to a secondary and priviledged motion. That is, we may amend a postponement of a main question. So we may amend a com- mitment of a main question, as by adding, for example, ' with instruc- PRIVILEGED QUE!?TIONS. 171 tions to inquire, &c.' In like manner, if an amendment be moved to an amendment, 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 somewhere, 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 amendment to an amendment. In filling a blank with a sum, the motion must be first put on the smallest sum and longest time. [ 5 Grey, 179. 2 Hats. 81, 83. 3 Hats. 132, 133. ] And this is considered to be, not in the form of an amendment to the question, but as alternative or succes- sive originals. In all cases of time or number, we must consider whether the larger comprehends the lesser, as in a question to what day a postponement shall be, the number of a Committee, amount of a fine, term of an imprisonment, the terminus in quern,* or in any other case. Then the question must begin a maximo.j- Or whether the lesser concludes the greater, as in questions on the limita- tion of the rate of interest, on what day the session shall be closed by adjournment, on what day the next shall commence, or the teminus a quo! "* anv 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 precluded ; 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 Grey, 3oo. ] Another exception to the rule of priority is when a motion has been made to strike out, or agree to a paragraph. 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 incidental to every one, will take place of every one, privileged or not, to wit : a question of order arising out of any other 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 parliament being that a motion made and seconded is in possession of the House, and cannot be withdrawn without leave, the very terms of the rule imply that leave may be given, and consequently may be asked and put to the question. * Term of irretIa?rna.biUiy ol'a loan. t From tne "'ut.-.'i- 172 THE PREVIOUS QUESTION. SECTION XXVIII. THE PKEVIOUS 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 ques- tion is to be put immediately, and no man may speak any thing further to it, either to add or alter. [Memor. in Hakew. 28. 4 Grey, 27.] 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 nega- tive suppressed the main question during the session ; but since the words 'now put' are used, they exclude it for the present only. For- merly, indeed, only till the present debate 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 precluded 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 consequences. Then the previous question is proposed: and, in the modern usage, the discussion of the main question is 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 embar- rassing procedure : its uses would be as well answered by other more simple parliamentary forms, and therefore it should not be favored, but restricted within as narrow limits as possible. Whether a main question may be amended, after the previous ques- tion on it ha# been moved and seconded ? 2 Hats. 88, says, if the pre- vious question has been moved and seconded, and also proposed from the chair (by which he means stated by the Speaker for debate), it has 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 question be not now put ; and then move their amended question, 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 proceeding certainly endangers the main question, by dividing 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 manoeuvre 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 embarrassment of rallying again as they can. To support his opinion, too, he makes the deciding circumstance, whether an AMENDMENTS. 173 amendment may or may not be made, to be that the previous question has 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 can- not be more than possessed of it by its being also proposed from the chair. It may be said, indeed, that the object of the previous question, being to get rid of a question, which it is not expedient should be dis- cussed, this object may be defeated by moving to amend, and, in the discussion of that motion, involving the subject of the main question. But 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 a previous amendment, and only cites a few late instances to the contrary. On the whole, I should think it best to decide it ab inconvenient!,* 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 in the power of the other side to force on, incidentally at least, a discus- sion which would be better avoided? Perhaps the last is the least inconvenience ; inasmuch as the Speaker, by confining the discussion rigorously to the amendment only, may prevent 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 character. SECTION XXIX AMENDMENTS. On an amendment being moved, a member who has spoken 10 the main question may speak again to the amendment. [ Scob. 23. ] If 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 draw questions of consistence within the vortex of order, he might usurp a negative on important modifications, and suppress, instead of subserving, the legislative will. 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 it themselves. [2 Hats. 79, 4, 82. 84. ] A new bill may be ingrafted by way of amendment on the words 'Be it enacted,' &c. [ 1 Grey, 190, 192. ] If it be proposed to amend by leaving out certain words, it may be * Which is most inconvenient. 15* 174 AMENDMENTS. moved as an amendment to this amendment 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 as a part of the bill ? When it is proposed to amend by inserting a paragraph, 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 ; because 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 question it be retained, it cannot be amended afterwards : because a vote against striking out is equivalent to a vote agreeing to it in that form. When it is moved to amend, by striking out certain words, and in- serting others, the manner of stating the question is, first to read the whole passage to be amended 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 carried, it is next on inserting the words proposed. If that 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 negatived. 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 pro- position. To strike out and insert B, is a different proposition. And to strike out and insert nothing, is still different. And the rejection of one proposition does not preclude the offering a different 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 motion 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 permitted 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 substantial 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 the case of a division of the question, and a decision against striking out, I ad- vance 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 cannot 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 prac- tice in parliament. f In Senate, January 25, 1798, a motion to postpone until the second Tuesday in Feb- ruary some amendments proposed to the Constitution. The words ' until the second DIVISION OF THE QUESTION. 175 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 XXX. 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. ] 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 ? where it is com- plicated ? into how many propositions it may be divided ? The fact is, that the only mode of separating a complicated question is, by moving amendments to it ; and these must be decided by the House on a ques- tion, unless the House orders it to be divided, as on the question Dec. 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 question, they may be divided and put one by one. [ 9 Grey, 444. ] So 1729, April 17, on an objection that a question was complicated, it was separated by amendment. [ 2 Hats. 79, 5. ] 1798, May 30, the Alien Bill in Quasi-Committee. To a section and Tuesday in February' were struck out by way of amendment. 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 bo received to insert any other. In fact, it is not till they are struck out, and a blank fof the time 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. Otherwise it would be in the power of the mover, by inserting originally a short time, to preclude the possibility of a longer. For till the short time is struck out, you cannot 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 second Tuesday of February,' and inserting instead thereof ' the first 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 better put into one, the manner is to reject the one, and incorporate its matter into another biil by way of amendment. So if the matter of one bill would be better distributed into two, any part may bo 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 fur inserting it in the place desired. CO-EXISTING QUESTIONS. proviso in the original, had been added two new provisoes by way of amendment. On a motion to strike out the section as amended, the question was desired to be divided. To do this it must be put first on striking out either the former proviso, or some distinct member of the section. But when nothing remains but the last member of the section, and the provisoes, they cannot be divided so as to put the last member to question by itself; for the provisoes might thus be left standing alone as exceptions to a rule when the rule is* taken away ; or the new provisoes might be left to a second question, after having been decided on once before at the same reading ; which is contrary to rule. But the question must be on striking out the last member of the section as amended. This sweeps away the exceptions with the rule, and relieves from inconsistence. A question 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.* SECTION XXXI. CO-EXISTING QUESTIONS IT may be asked whether the House can be in possession ol two mo- tions or propositions at the same time ? So that one of them being decided, the other goes to question without being moved anew ? The answer must be special. When a question is interrupted by a vote of adjournment, it is thereby removed from before the House, and does not stand ipso factof 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 mo- * May 31. The same bill being before the Senate. 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 division of the question into its simplest elements was called for. It was divided into four parts, the fourth taking in the words ' conforming himself,' &c. It was objected that the words ' any alien mer- chant' could not be separated from their modifying words ' conforming,' ' . 162 Adjournment, i" ^ .".' "'. "" 188 Amendment, _ " * '^" . 173 " Between the Houses, . . . '-.<,*< . 182 Arrangement of Business, 155 Assent, . . . . . . . . . . .' Bills, Leave to Bring in, . .161 First Reading, 162 Second Reading, . 162 Recommitment, ........ 163 Report Taken Up, ' . 165 Second Reading in the House, 166 Third Reading .178 Sent to the Other House, 182 Call of the House, 151 Committees, 152 " Of the Whole 163 " Report of, 164 " Quasi, . ' '. '. --.' , : . . .'-.-- . . 166 Conferences, 184 Debate, Order in, . .--.; ':..,."< . . 156 Errors, Way to Amend, . . . , > . ? ; .-. . 166 Felony, Mode of Proceeding on Charge of, 149 Gallery, Committee cannot Punish for disorder in, . . . 166 House, Division of the, 179 " Orders of the, 169 Impeachment, 190 Journals, 187 Longest Time Question first put, 171 Messages, 185 Motions, Respecting, 161 Order, " ^ . ' . . 165 Papers, Orders Respecting, ....... 156 Petitions, 160 Privilege 148 Questions, Privileged, ........ 168 Previous, ........ 172 Division, ........ 176 Co-existing, ........ 176 Equivalent, . ... . . . . 177 Putting the, .... i ... 178 Quorum, . . . . ' . 150 Reconsideration, 181 Resolutions, Respecting, 161 Rules, Importance of Adhering to, 147 Session, Respecting a, . " . . . . . . . 188 Speaker, ' *-. 161 Title, "the, 181 Treatise, 189 Vote, Cannot till sworn, 14S Witnesses, Examination of, ....... 154 ~~17 N EXTRACT OF A LETTER FROM EX-GOVERNOR W. G. D. WORTHINGTON. I HAVE examined " BURLEIGH'S LEGISLATIVE GUIDE," and find, as its name implies, that it is indispensable for every legislator who desires to establish a uniform system of rules for conducting public business throughout the United States. In my humble judgment, every State Legislature will immediately adopt it as their standard as soon as the merits of the work can be known. W. G. D. WORTHINGTON. I AM convinced that the " LEGISLATIVE GUIDE" will prove a valuable text-book for collegiate students, and will use it as such at St. Timo- thy's Hall, believing that every young American ought to be acquainted with the routine of order appropriate to legislative assemblies. L. VAN BOHKELEN, Rector. St. TIMOTHY'S HALL, Catonsville, Md., Feb. 26, 1852. Ex. of Letter from Hon. J. C. Legrand, Ch. Justice Court of Appeals, Md. BALTIMORE, Feb. 9, 1852. THE plan of the Legislative Guide enables the student or legislator to discover, with facility, the rule and reason for it, in each particular instance, and must, therefore, be of great value to legislative and other deliberative bodies. JNO. CARROLL LEGRAND. At a meeting of the School Commissioners of Baltimore held Feb. 10, 1852, the following resolutions were UNANIMOUSLY adopted : Resolved, That the American Manual ; that the Thinker ; that the Practical Spelling Book by Joseph Bartlett Burleigh, LL. D., be introduced into the Public Schools of Baltimore. J. W. TILYARD, Clerk Com. Pub. Sch. Balto. At a meeting of the Controllers of Public Schools, First District of Pennsylvania, held at the Controllers' Chamber, on Tuesday, December 10th, 1850, the following resolution was adopted : Resolved, That the American Manual, by Joseph Bartlett Burleigh, be introduced as a class-book into the Grammar Schools of this District. ROBERT J. HEMPHILL, Sec. PHILADELPHIA, Nov. 13, 1851. At a meeting of the Controllers of Publfc Schools, First District of Pennsylvania, held on Tuesday, Nov. llth, 1851, the following resolu- tion was adopted : Resolved, That the "Thinker," by Joseph Bartlett Burleigh, be intro- duced as a class-book into the Public Schools of this District. ROBERT J. HEMPHILL, Sec. (194) THE CITIZENS' MANUAL, C".NTAIM_\<1 A FORM FOR ORGANIZING LITERARY AND DEBATING SOCIETIES. A CONCISE 8T3TEX OF UNIFORM RULES OF ORDER, FOUNDED ON THE REGULATIONS FOR OON- DUUTINO BUSINESS IN THE IIOUSE OF REPRESENTATIVES OF THE U. S., TO SECURE THE UNIFORMITY AND DISPATCH OF BUSINESS IN ALL SOCIETIES, AND SECULAR MEETINGS, AND IN ALL RELIGIOUS, POLITICAL AND LEGISLATIVE ASSEMBLIES, MARGINAL REFERENCES TO THE CORRESPONDING ORDER OF CONGRESS FROM WHICH THE RULE IS DERIVED, A SYNOPSIS OF THE BRITISH CONSTITUTION, VALUABLE STATISTICAL TABLES, THE CENSUS OF 1850, AND A COMPLETE INDEX. EXTRACTS FROM THE OPINIONS OF EMINENT MEN. The Legislative Guide deserves to be called the politician's and legislator's vade mecum. Edi- tor of Boston Evening Traveller. The Legislative Guide is the most complete work of the kind that we have yet seen. Editor of Boston Courier. Altogether it is the most complete and satisfactory book on the varied hut kindred subjects on which it treats, that has issued from ttie American press. Editor of Baltimore 1'alriot. The Legislative Guide is the most, complete compendium of information upon the subject that has ever been published. Editor of Philadelphia City Item. From the lion. George M. Dallas, late President of the U. S. Senate. I have read with very great satisfaction the Legislative Guide It is admirably adapted for popular use, and cannot fail, in a country like ours, winch is crowded in all its parts with deliberative bodies, either prescribed by law, or suddenly and spontaneously convening;, to be a most convenient Guide for the orderly transaction of public business. It merits, and 1 hope will receive, extensive diffusion and. adoption. From Millard Fillmorr. President of the United States It will prove a valuable book for refer- ence, not only to public men, but. to all who may be called upon to take part in deliberative assem- blies. Washington, May 17th, 1852. From the Hon. Eli K. Price. 1 think the Legislative Guide a book that cannot be too generally diffused. The Legislative Guide ought to accompany the Bible and the Almanac, and be owned by every family throughout the land. Editor of Richmond ( Va.) 'Whig. The Legislative Guide contains, in one volume, a mass of information which could not hereto- fore be obtained without referring and re-referring to many volumes. The precision, perspicuity and accuracy of the Guide, must soon make it a standard for all deliberative and legislative bodies. Editor of Richmond ( Va.) Enquirer. This book contains in one volume a mass of information which could not before be obtained without examining many volumes. It contains the best edition of Jefferson's Manual ever pub- lished; the English authority is compactly arranged by itself; the foreign phrases translated, and rttference made on each page to the portion from which rules have been deduced by Congress. It also contains a form for organizing literary and debating societies, outlines for young debaters, and much other original matter, not to be found in any other work. No library should be with- out the Legislative Guide, or, as we would call it, the freeman's vade mecum, Editor of Bal- timore Republican. All the rules are arranged in a practical manner and a perspicuous style. Editor of Bolt. Sun. We, the undersigned, teachers in the Public Schools of Pittsburg, have used Burleigh's Amen" can Manual with great satisfaction and delight. The plan of the work is in all respects judi- cious. The marginal exercises are a novel and original feature, and are arranged with great accuracy and discrimination. Their use not only excites the liveliest interest among the pupils, but produces great, salutary, and lasting effects, in arousing the mental powers, and leading the scholars constantly to investigate, reason, and judge for themselves. The Manual is elegantly written, and must have the effect to give a taste to what is pure and lofty in the English lan- guage. Signed by B. M. KERR, J. WH1TTIEK, and twenty-three other principals of Public Schools in Pennsylvania. From the Fredericksbnrg, Va . Herald. The American Manual possesses a kind of railroad facility in arousing the minds of youth ; no one who is entrusted with the education of the rising generation should be ignorant of its contents, or a stranger to its thorough and efficient mode of imparting knowledge. It contains a condensed, Incid, exact, and comprehensive view of our social and political institutions, and ought to be in every family. From Hon. Wm. Roberts, President of the Bd Pub. Sch. Com. of Princess Ann Co., Virginia. I consider the American Manual the best book for training the young mind, in the earlier stages of its education, I have ever seen. ExtraH of a Letter from Alexandtr Campbell, D. D., LL. D , President of Bethany College, Vir- ginia. The American Manual is an admirable text-book for teacher and pupil, on the various important subjects so essential to the American scholar and statesman. Extract of a letter from Hon. B. Everett Smith. I doubt whether the ingenuity of man can ever dovise a work letter adapted to the purpose avowed by the author. I arose from the peru- sal of the American Manual, more deeply impressed than ever with my responsibility as a citizen, and with the absolute necessity of fostering sound virtue and political morality. Extract of a Letter from Hon. L. G. Edwards, President of the Board of Public School Commis- sioners for Norfolk County. Virginia I consider the American Manual a desideratum which had not before been supplied, and respectfully recommend that it be used generally in every District School in this county. At a meeting of the Controllers of Public Schools, First District of Pennsylvania, held on Tues- day, Nov. llth, 1851, the following resolution was adopted : Resolved, That Ihe "Thinker," by Joseph 13arllett Burleigh, be introduced as a class-book into the Public Schools of this District. ROBERT J. HEMPH1LL, Sec. At a meeting of the Board of School Commissioners for the city of Baltimore, held on Tues- day, lUtli February, 1852, the following resolution was unanimously adopted : Resolved, That t lie "Thinker." by Joseph Bartlett Burleigh, LL. D., be introduced as a class-book into the Public Schools of Baltimore. J. W. TILYARD, Clerk Com of Pub. Schools, Baltimore. (196) PREFACE. THB right way of conducting the business of any meeting or society, by applying the proper rules, is exceedingly simple and easy to understand. All rules of order, from the humblest juvenile association to the highest legislative assembly, should have for their basis the same system, wisely arranged in order to secure accuracy in business, economy of time, method, consistency, and equity. The Legislative proceedings of a monarchy frequently have a tendency to exalt the few, by depressing the many. As the laws enacted by Parliament are not the most congenial to the best inter- ests of a Republic, so neither is the voluminous and complicated system of rules, which best subserve the interests of a kingly legisla- ture, the most suitable for an assembly of freemen, where all have equal rights and equal claims. The design of this work is to establish a uniform standard of rules, deduced from the regulations of the most exalted deliberative body of the world, for the management of public meetings, of every kind, throughout the Union. [ | ] The rules of Congress, like all other human productions, are not perfect, but they have been gradually formed, with the utmost care, to suit the genius of our republican institutions. Some of the most learned and patriotic of the present and the past age have, for a series of years, practically tested the working of each rule through every phase of legislation. Hence if any forms can command universal respect and confidence it must be those for conducting business in the Congress of the United States. [ $ ] The American people are pre-eminently remarkable for asso- ciations and societies of every description, the object of which is to promote improvement in our social relations, in benevolence, in government, in literature, and in piety. Nothing contributes so much to the respectability, dignity, and usefulness of these various convocations, as a regular, uniform, orderly, and methodical mode of conducting business. 17* (197) 198 PREFACE. A general knowledge of proper legislative rules always tends to economize time, secure the dispatch of business, and harmonize all the proceedings. Nothing is hazarded in the assertion, that for the want of the timely enforcement of correct uniform rules of order hatred has been engendered, philanthropic movements defeated, and the welfare of the majority sacrificed to aggrandize the few. " Knowledge is power" hence the necessity for its general diffu- sion. The nature of our unequalled social and political institutions presupposes that every citizen takes a part in deliberative meetings of some kind. Whether it be in the school boy's debating club or the collegian's society, the poor man's beneficial association or the banker's corporation, the small meeting at the rustic school- house, or the vast assemblage at the national capitol, a mite society or the highest ecclesiastical convention, the knowledge of a correct uniform mode of conducting business contributes, in the highest degree, to success. [ \ ] The rules here laid down may, by the marginal references, be traced to those of Congress, or to the Constitution of the United States. [ ] To restore confidence when doubt prevails, to bestow sys- tem when anarchy rules, to give uniformity and accuracy in doing every kind of public business by assembled citizens, to economize time and promote the dignity of legislation in every part of our confederacy, is the object of the Citizens' Manual. [ \ ] As its name purports, it is designed for the use of every citizen, and should be owned and read by every one who feels an interest in sustaining the dignity of our social compact, in dissemi- nating the blessings of liberty in other countries, and in transmitting the inestimable privileges of a Republican Government to future generations. The author is indebted to Gen, Packer, late Speaker of the House of Representatives of Pennsylvania, for valuable suggestions, the sub- stance of which are embodied in this edition of the Legislative Guide. INTRODUCTION, IN the United States all power is vested in the hands of the people. Every citizen exerts a primary influence that either tends to destroy or perpetuate our social and political institutions. It is universally conceded that general intelli- gence and sound morality are indispensable safe- guards, without which every Republic must be ruined. Europe sends to our shores, on an aver- age, more than a thousand inhabitants for each and every day in every year. [] A large majority, of this down trodden population, have arrived at years of maturity without any correct knowledge of a Republican government. Being neither able to read nor write, they seem to have no other idea of liberty than that of unrestrained licentiousness. [] Hence they plunge into all manner of vice and dissipation, and hence the poor houses and prisons of all our atlantic cities are filled, with more than two to one, of this class. Ragged and dis- sipated, having none to enlighten them, they soon grow more callous, and become the sappers instead of the supporters of our glorious institutions. [] The quickest, the most effective way to (199) 200 * INTRODUCTION. promote a universal love for knowledge and pure morality, is by enlisting all the people into social meetings for mental and moral culture, by forming various debating, beneficial, literary, and religious societies, each of which, in its proper sphere, tends to engender a spirit of inquiry and a deeire for ra- tional pursuits. [] Social elevation should occupy the leisure of the whole community, and thereby impart a relish for useful vocations and the true enjoyments of life. [] The bitter fruits of monarchy, sent us in the shape of adult pauper population, must be sweetened and rendered serviceable by societies for general improvement, or they will endanger the very existence of our social fabric. [] Let a proper literary spirit pervade the land, and on all haunts of dissipation, jails, and prisons, may be written, " To let." [] The human mind must have employment. The minister, the lawyer, the physician, the school-master, the merchant, the mechanic, the farmer, and the best educated, should either take th,e lead or an active part in forming and sus- taining debating, literary, and other ennobling societies. [] By this means the minds of all may be aroused to the paramount importance of mental culture and rational improvement. Vast multi- tudes may thus be saved who otherwise would annually become the new supporters of the haunts INTRODUCTION. 201 of iniquity, and in rotation ruin their health, blast their character, and sink into premature and ignoble graves. [] But the real benefits of debating and other societies are not confined to the illiterate alone, for the rich harvest is enjoyed by all. [] To say nothing of the literati of the old world whose writings and whose deeds are as imperisha- ble as the history of civilization, there have been multitudes of eminent men in the United States, who, but for the literary society, might have lived useless lives and, unhonored, died in obscurity. [] Clay commenced his career at a village so- ciety, and Franklin formed a debating club of two associates.^ [] As the sculptor turns the roughest marble into speaking beauty, and as the lapidary trans- forms the most insignificant pebble into the bril- liant diamond, so does the literary society disclose the inherent beauties and powers of the mind, by bringing to the service of man and to the glory of GOD genius and talent that otherwise might have existed only to breed wickedness and misery. [] To forward the vital object of mental illu- mination and moral culture, a brief form has been given in this Manual for establishing societies for social and general improvement. This form is so simple and easy to be understood, that all who read intelligibly can comprehend it. [] An outline has also been added for con- ducting discussions and preparing lectures, and it 202 DIRECTIONS FOB, FORMING SOCIETIES. is to be hoped that every intelligent citizen will take a deep and an abiding interest in promoting societies for the general diffusion of knowledge. [] It is believed that any person of common intelligence, by studying this book, may make himself not only competent to take part in any society, but also to preside over its deliberations, and determine questions of order with ease and accuracy. [] No one can reasonably bring forward the plea that it is not necessary for him to understand legislative rules, from the fact that he never intends to preside at any meeting, for those who are ignorant of these forms yield much power into the hands of those who know them. [] An adroit presiding officer often has it in his power to control the action of vast assemblies, who are ignorant of the right rules for conducting public business. [] Hence, to guard against official encroach- ment, as well as against the combination of a few well informed members, it becomes the duty of all to know the proper way of proceeding in delibera- tive assemblies. DIRECTIONS FOR FORMING SOCIETIES. [] If you wish ,the advantages of a Literary Society, in your village or town, either for your own or other's benefit, call on your neighbours, propose the subject, state the objects of such a society, and obtain as many as you can to co- DIRECTIONS FOR FORMING SOCIETIES. 203 operate with you in this noble work. Get a few of the most influential citizens to call a meeting to organize a society either state to the audience the importance of such an institution, or prevail on a clergyman, or some other influential indi- vidual, to do it. Secure a committee to draft a constitution, or have one already prepared. [] Be not discouraged, if but few attend the meeting or co-operate with you. " The most effi- cient literary society of the world had its origin with two individuals, who by accident met at a hotel in London, and in conversation on the de- plorable ignorance of the great mass of the people, one proposed to the other the formation of a society that would have a direct influence in the diffusion of useful knowledge, to which the other heartily assented. [] They made arrangements, and advertised a meeting for the purpose of organizing a society, but no one attended with them; one appointed the other president, and he in turn his associate secretary they discussed and passed resolutions, which were published in the papers, with the statement that they were passed at a respectable meeting called for the purpose of forming a society for the diffusion of useful knowledge, and that another meeting would be held at such a time, which was attended by a large audience of the wealthy and influential, not only of London, but from many parts of the British empire ; and since then the society has, with constantly increasing 204 PRELIMINARY OBSERVATIONS. energy, been scattering light, knowledge, and innu- merable blessings over the civilized world."* PRELIMINARY OBSERVATIONS. 1 . Both Houses of Congress precede the business of each day with Prayer .} This righteous example was set by the founders of our Government, and is commended to all deliberative bodies and associa- tions of whatever name or character ; for no un- dertaking can ever attain permanent usefulness without the approval and the blessing of the Most High. 2. Every meeting should be opened precisely at the time appointed. The presiding officer on taking the CHAIR should at once call the meeting to order. J His first duty is to ascertain if a quorum be present. This he may do, by either counting, or requiring the secretary to call over, the names of those assembled. MANNER OF ORGANIZING. 1. No business can be legally transacted without a quorum. Hence the president should not continue * Wright's Casket. f Each House elects its own chaplain at the beginning of every session. The chaplains usually belong to different denominations, and alternate with each other i. c., A officiates in the Senate and B in the House of Representatives on Monday ; but on Tuesday B conducts the religious exercises of the Senate, and A those of the House of Repre- sentatives. J In case the members are engaged in conversation, &c., this is done by rapping on the desk or table, and saying the meeting will please come to order. PRELIMINARY OBSERVATIONS. 205 to occupy his seat unless that number be present. When, any time after the meeting is opened, a member suspects that a quorum is wanting, he may call for the body to be counted. A deficiency being found business should, at once, be suspended. 2. Should there not be a quorum it is usual to wait half an hour and then adjourn, provided a legal number, for transacting business, cannot be convened. The adjournment when there is less than a quorum must, of course, be to the next regular time for assembling ; but a special meeting may be called whenever occasion requires. 3. When the clerk* calls the roll each mem- ber should rise as his name is called and answer. Absentees should be noted, and their names called a second time, when excuses may be heard. 4. The members rise that they may be re- cognized ; this rule, however, need not be enforced in small bodies, nor in large ones where the members are presumed to be well acquainted. 5. The main object is to facilitate acquaint- anceship at anniversaries, conferences, and con- ventions, where various sections of the Union are represented. 6. No member of a legislative body should absent himself from its meetings without leave.f Or secretary, as the case may be. f When any member wishes to be absent for a few days he should rise and say, Mr. President I ask leave of absence for days from to-day. Or in case a member happens to be unexpectedly detained from the assembly, he may obtain leave of absence through the agency of any other member. 18 206 PRELIMINARY OBSERVATIONS. A less number than a quorum may send for any or all the absent members. This rule applies to the first and every subsequent meeting. THE PRESIDING OFFICER.* 1. The speaker)- of the House of Representa- tives of the United States is usually elected in the following way : On the day appointed for the meeting of Congress, the representatives assemble in their hall at 12 M. The clerk of the last House opens the session by calling the names of the members by states and territories. 2. A quorum being present, the clerk names, with the permission of the House, two or more members to act as tellers, making the selection * The presiding officer of the Upper House of Legislatures, of Lite- rary Societies, of Bank Directors, of Colleges, and of Rail-Road Com- panies, and in fact all other corporations, is usually styled the PRESI- DENT ; of a Religious Convention, or a town meeting, a MODERATOR ; of the Lower House of Legislatures, a SPEAKER ; of a called meeting or of a Committee, CHAIRMAN ; of a Medical Faculty, DEAN. By giving the following form for electing Presiding officers, it is not proposed to change their title in any way, but only to secure uniformity in electing them by ballot, throughout the country. It should also be understood that the rule laid down above has reference solely to pre- siding officers who are elective, and does not apply to corporations and societies which provide for a chairman without election ; in some associa- tions, and especially in ecclesiastical conventions, provision is made that the senior member shall be the President, i. e. the one who has been longest a member of the association ; not the one who has attained the greatest age, unless he also happens to be the oldest member. The Rules, however, which follow should be binding, alike, on all Presiding officers. They are based on those of Congress, and unless they are, in the main, complied with, all hope of uniformity and regularity in con- ducting Legislative business throughout the Union must be abandoned. f For President of the Senate see Art. I. Sec. 3, page 9 Const. U. S. PRELIMINARY OBSERVATIONS. from each of the prominent political parties. Then the members present proceed to elect, by ballot, their Speaker. 3. It is the duty of the tellers to announce distinctly the names of each of the members re- ceiving votes, so that all may count the ballots for the several candidates, and thereby the better guard against any oversight or error. 4. The Speaker* is required to have a majority of all the votes given, and is seldom elected on the first balloting, unless the dominant party has previously held a caucus,^ and even then the nominated candidate is liable to be defeated by the running of other members, J or by the coalition of minorities. * In case of a removal, death, resignation, or inability both of the President and Vice-President of the United States, the President of the Senate pro tempore, and, in case there shall be no President of the Senate, then the SPEAKER OF THE HOCSE OF REPRESENTATIVES, for the time being, shall act as President of the United States until the disa- bility be removed or a President shall be elected. Act of Congress, March 1st, 1792. See also Art. II. Const. U. S., Sec. 1. The Speaker receives sixteen dollars per day, appoints all committees not elected by ballot ; he has power to call any member to the chair, and many other minor prerogatives which enable him to hold a commanding position and gain the courtesy of his associates. The Speaker of the House of Commons receives a salary and other perquisites equhdlent to about forty thousand dollars per year. f A meeting to agree on a party candidate. J The XXXI. Congress convened on Monday the 3d day of Dec. 1849. The members proceeded at once to vote for their Speaker. After sixty- two ineffectual ballotings, the Rule requiring the Speaker to receive a majority of all the votes polled was suspended and a plurality only re- 4 uired. The Hon. Howell Cobb was elected Speaker on the sixty-third trial, Dec. 23d, 1849. The whole number of votes polled was 222, and distributed among ten members in the following order : for Howell Cobb, 102; R. C. Winthrop, 100; David Wilmot, 8; C. S. Morehead, 4; FORM OP ORGANIZATION IN A STATE LEGISLATURE. 5. When a member has received a majority of all the votes given, or in case the rule is sus- pended, a plurality, the clerk proclaims him SPEAKER. Then he is customarily conducted to his seat by two of the most venerable members, takes the oath of office* and delivers a brief in- augural address. The remaining members are then qualified, and the clerk, sergeant-at-arms, door-keeper, and other officers elected. 6. When the House is duly organized a message is sent to the Senate announcing the same. The first business of each house is usually to appoint a joint committee to wait on the President of the U. S. and inform him that Congress is ready to receive any communication he may be pleased to make. FORM OF ORGANIZATION IN A STATE LEGISLATURE.f By the House of Representatives, 1 Jan. , 185-. j Gentlemen of the Senate : The House of Representatives is ready to pro- ceed with the business of the session. We have chosen Speaker, and Clerk. By order, Clerk. Wm. Strong, 3 ; A. H. Stephens, 1 ; Wm. F. Colcock, 1 ; Chas. Dur- kee, 1 ; E. D. Potter, 1 ; Linn Boyd, 1. * By an act of Congress, June 1, 1798, the oath of office may be ad- ministered by any member of the House of Representatives to the SPEAKER who, after taking the oath, is required to administer the pre- scribed oaths to all the other members who have not taken them, and the rest of the officers of the House. f A state legislature should be organized on the plan of Congress given in the preceding pages. A FORM OF ORGANIZATION FOR A STATE LEGISLATURE. 209 By the House of Representatives, Jan. 185-. Gentlemen of the Senate : We propose, with your concurrence, to appoint a joint committee of the two Houses to wait upon his Excellency the Governor, and inform him that the legislature is organized for the dispatch of public business, and ready to receive any commu- nication he may think proper to make. Messrs. are appointed on the part of this House. By order, J. N., Clerk. By the Senate, Jan. , 185-. Gentlemen of the House of Representatives : The Senate has organized and elected the Hon. , President, and , Secretary. We are prepared to proceed with the business of the session, and propose to sit from 10 o'clock, A. M. until o'clock, P. M. By order, C. B., Secretary.- By the Senate, Jan. , 18 5-. The Senate has appointed Messrs. , a committee to join the committee you have appointed* to inform his Excellency the Governor, of the organi- * Or the Senate may organize first, and use the preceding form of the House of Representatives. 18* 210 A FOEM OP ORGANIZATION FOR A STATE LEGISLATURE. Re. 22 Ho. Reps. p. 72. zation of the legislature, and that we are ready to receive any communication he may desire to make. By order, C. B., Secretary. The Clerk* of the House of Representatives should, within the first week of a session, place in the hands of the Speaker, a correct list of the bills, resolutions, reports, and other unfinished business of the House, referred from the preceding to the succeeding session. FORM OF MESSAGES. Gentlemen of the Senate : We respectfully request your Hon. Body to re- turn to this House the bill entitled an act to . Gentlemen of the House of Representatives : We hereby return to your Hon. Body, a bill entitled an act FORM PRECEDING A BILL. First Form. The people of the State of , represented in House of Representatives and Senate, do enact as follows : Second Form. Be it enacted by the Legislature of , that, &c. * This rule also applies to the Senate and should be observed by the Secretary thereof. MANNEE OP ELECTING UNITED STATES SENATORS. By the House of Representatives, 1 Jan. , 185-. J Gentlemen of the Senate : We propose, with the concurrence of your Hon- orable Body, to proceed, on inst., at 12, M., to the election of a United States Senator to sup- ply the place of the Hon. , whose time will expire on the 4th of March, 18 5-. We have nominated, on the part of this House, the Hon. , and the Hon. , and ap- pointed Hon. , Teller, to join such gentleman as may be named by your Honora- ble Body, to count the ballots and report the result. By order, J. G., Clerk. By the Senate, 1 Jan. , 185-. J Gentlemen of the House of Representatives : We have received your message, proposing to go into an election of United States Senator, on inst., and concur therein. We nominate the following persons : the Hon. and the Hon. . We have appointed the Hon. as Teller, to join the gentleman named by your Honorable Body, to count the ballots and report the result. By order, Wm. B., Sec'y. 1. Whenever any legislature is apprised of a vacancy in the representation of its State in the Senate of the United States, notice may be given for the members of each House to meet in the Hall of Representatives at a certain hour, usually 12 M., for the purpose of electing, on joint ballot, a 211 212 MANNER OF ELECTING UNITED STATES SENATORS. Senator, or Senators, as the case may be, to re- present the State in the Senate of the United States. 2. Previous to the day of meeting, each House should appoint a teller, and nominate the candi- dates it prefers, and communicate to the other the names of the persons nominated.* At the hour of meeting, the President of the State Senate, and in his absence, the Speaker of the House, should preside. 3. A candidate must have a majority of all the votes cast to be elected, hence it sometimes occurs that days elapse before any election is effected. f Whenever any person receives a ma- jority of all the votes cast, the presiding officer declares him elected to represent the State in the Senate of the United States, and announces the time for which he should serve. 4. After the election it is usual for the presi- ding officer, in the presence of both Houses, to sign three certificates of election, attested by the tellers, one of which should be forwarded to the person elected, one to the President of the Senate of the U. S., and the other should be preserved among the archives of the court of the county in which the legislature sits, in addition to which the proceedings should be entered in full on the journals of both Houses. * The way of communication is usually by message. MANNER CF ENACTING LAWS. 213 MANNER OF ENACTING LAWS.* 1. Bills for raising money should originate in the House of Representatives; but those of every other kind may originate in either House. Bills, after being passed by one branch, may be re- jected in the other by a majority of the votes present. 2. When a bill may be vetoed by a Governor, it should become a law, if by being reconsidered, it is passed by two-thirds of the votes in both Houses. 3. Every bill, before it becomes a law, should be examined by a joint committee,f who should carefully compare the enrolled with the engrossed bill, and see that the name of the House in which it originated is written on its back. 4. It should also be examined and signed by both the Speaker of the House and the President of the Senate.J After which the committee should present it to the Executive for his signature. * See Bills 99, 100, and lOfst page, and 161st to the 168th page. Also the 178th and 179th page. A Bill is a form or draft of a law pre- sented to a legislature, but not enacted. Laws are frequently originated by petitions, the usual form of which is as follows : To the Legislature of To the Honorable the Senate and House of Representatives of the State of in General Assembly convened : The petition of the subscribers, citizens of county, respectfully showeth. [Here state the subject.] And your petitioners, as in duty bound, will ever pray, &c. f Usually two members from each House. J And attested by the Secretary and Clerk. NECESSITY OP METHOD. NECESSITY OF METHOD. ^ 1. In associations of every kind, as well as in all legislative bodies, order, regularity, and form, are indispensable to the attainment of the greatest benefit, with the least expenditure. 2. Every society and assembly should have prescribed land-marks, founded on reason and sanctioned by experience, in order to secure uni- versal confidence, and effectually guard the rights of all. 3. The object of meetings of every grade, should be to obtain a clear, full, and proper ex- pression of opinion from all present. Hence, per- manent and proper rules of order and constitu- tions should always form the bond of union and protection.* 4. In this way can the wishes and the in- terest of the majority be best carried out, and at the same time the rights of the minority shielded from the abuses and excesses so apt to be exer- cised by the party in power. 5. No printed form of a constitution for an association can be given, which, under every circums'tance, will precisely suit its wants, without addition or restriction. 6. But it is believed that the following out- line, with slight additions, or alterations, will meet the general wants of all literary and debating so- cieties. * In societies, and temporary or called meetings of every kind, the rights and privileges of all may be inviolably guarded by the uniform system of rules laid down in this book. CONSTITUTION. 215 A FORM FOR ESTABLISHING LITERARY SOCIETIES. CONSTITUTION. PREAMBLE. WE, the undersigned, do hereby adopt and agree to obey the following CONSTITUTION and the several BY-LAWS that may be enacted in accordance with its provisions. ARTICLE I. Name and Object. [Here insert the name of the society ; the object it is intended to accomplish ; the means to be used ; and the way in which its benefits will be realized.] ARTICLE n. 1. The members of the society shall be active, corresponding, and honorary. 2. Any person of good moral character may become an active member by signing the consti- tution and paying an admission fee of cents. 3. Persons of other towns may be elected cor- responding members, by a vote of two-thirds of the members present. 4. Honorary members shall be admitted by a like vote of two-thirds. 5. All members may participate in the discus- sions, but the privilege of voting and of* eligibility to office, shall be confined to active members. 216 CONSTITUTION. 6 A monthly contribution of cts. shall be paid by each active member. 7. Members who may pay dollars, shall be entitled to life-membership, and exempted from all future contributions and assessments. Hono- rary members shall be free from assessments of every kind whatever. 8. For immoral and disreputable conduct, a member may be impeached and expelled from the society by a vote of two-thirds of the members present, after affording every reasonable facility for a fair and impartial trial. If he be an officer, the society shall proceed to fill his place by ballot. ARTICLE m. Officers. The officers of the society shall be a President, Vice President, a Recording Secretary, a Corres- ponding Secretary, a Treasurer, a Librarian, a Committee on questions for debate, a Committee on lectures, a Committee on the library, and an Executive Committee. The officers of the society shall be elected on in , by a ma- jority of the ballots of all the members present. ARTICLE IV. Stated meetings of the society shall be held at the on throughout the year, except the months of and an anniversary meeting shall be held at on the of . CONSTITUTION AND BY-LAWS. 217 ARTICLE V. By-Laws. By-Laws to the Constitution shall be proposed at one stated meeting of the society, and acted on at another. Any motion to amend or repeal a by- law must lie over, at least one stated meeting, before it is acted on. ARTICLE VI. Amendments of the Constitution. Any motion to amend or repeal this Constitution shall not be acted on before the second stated meeting after such motion has been proposed, and then shall not take effect unless by consent of two-thirds of the members present ; but any rule may be suspended, for the time being, by vote of two-thirds of the members in attendance. BY-LAWS. 1. Quorum. A majority of the society shall constitute a quorum for the transaction of business ; but a smaller number may organize and adjourn to the next stated meeting. 2. Vacancies. Vacancies in any office shall be filled in the way prescribed by the Constitution, at the next stated meeting after the official announce- ment of the same. 19 218 BY-LAWS 3. Lectures and Debates. The Committee on Lectures shall appoint some member to read at stated meeting an original lecture or essay ; the Committee on Debates shall select some subject for discussion, and provide a person to open the debate, after which the subject shall be open for general discussion by the members. They shall also extend invitations to persons engaged in literary or scientific pursuits, to present any paper or essay which they may deem of interest or im- portance to the society. 4. Library. Active members shall be entitled to take books from the Library ; but no book shall be kept by any one longer than weeks without renewal, nor shall it be renewed when another person desires it. Members who retain books beyond the time above limited, shall pay a fine of cents, for every week a volume is retained. Those who lose or injure books, shall pay for the same. 5. Donations, &c. It shall be the duty of the Executive Committee to make exertions to obtain donations of books, minerals, botanical and geolo- gical specimens, &c., for the society; to examine from time to time the books of the officers, and to submit to the members annually on the first regular meeting in January, a detailed written statement of the affairs and condition of the society. 6. Arrears. Any member whose pay- jment shall be in arrear for months, shall forfeit BY-LAWS AND RULES OF ORDER. 219 his membership, and his name shall be stricken from the roll. 7. Anniversary Meeting. It shall be the duty of the Executive Committee to take measures likely to secure a general attendance at the anni- versary meeting, to make arrangements for suit- able lectures, to provide for public debates, and to furnish such other literary entertainments as will arouse the minds of the community to the im- portance of the general diffusion of knowledge and sound morality. 8. Special Meetings. Special meetings may at any time be called by the President, or by any two members. 9. At each stated meeting there shall be a subject for discussion selected for the next meet- ing, and reported by the Committee on Debates. 10. The exercises of the stated meetings of this society shall be public. RULES OF ORDER. 1. Order of Business. The order of business at the meetings of the society, shall be as follows, viz : 1. The roll called. 2. Minutes of previous meeting read and, in case of mistakes, corrected. 220 RULES OP ORDER. CALLED MEETING?. 3. Reports of Committees read and acted on. 4. Motions, resolutions and other unfinished business of preceding meetings acted on. 5. New resolutions offered. 6. Miscellaneous business. 7. Reading of lecture, essay, or other paper. 8. Debate. 2. Sectarianism or Politics. No subject of a direct sectarian or political nature shall be intro- duced before the society. 3. On Speaking. No member shall speak more than nor longer than minutes upon the same subject, unless by permission of the Society; nor shall any member be interrupted while speaking unless for explanation, or when his remarks are foreign to the subject under debate. CALLED MEETINGS. 1. IN the formation of societies, as well as the calling of the various kinds of conventions, and in Town, District and all other public meetings, no- tice* should be given in the way which will best ac- quaint all interested of the intended convocation. Every call should set forth the object of the pro- posed meeting with precision and clearness, and should be signed by its originators. * The most usual way of doing this is either by publication in the most extensively circulated newspapers, or by posting up in the most frequented places written or printed notices. ELECTION OF OFFICERS. 221 2. At the time named for the meeting to assem- ble, if a sufficient number, to transact business, be present, the one whose name appears first on the call should proceed to organize* in the following way : he should go to the secretary's desk,f and with a few raps secure the attention of those pre- sent, and then say, " Gentlemen the hour appointed for opening the meeting has arrived, I nominate A. B. for chairman. J Those in favor of this nomi- nation will say yea" After a momentary pause the contrary nay. 3. If the yeas appear to be in the majority, he declares A B chairman of the meeting. If the nays preponderate, he ought to ask the members present to nominate, and continue to put the question till some one is duly elected. He then declares A. B. or C. D., as the case may be, chairman of the meeting. 4. The chairman should, at once, advance to his position, and say, " Gentlemen who shall act as secretary, please to nominate ;" perhaps there will be several nominations. 5. He then says the name of E. F. was first heard. Gentlemen in favor of E. F. acting as secretary will say yea contrary nay. Or in case only one name is proposed. He says, " Gentlemen, * In case he is absent, the one whose name is next in order, and so on. f Should it be in a private room it will be sufficient simply to rise and make the announcement. I Or Speaker, Moderator, or President, as the case may be. In called meetings it is not necessary for the presiding officer to occupy any time in returning thanks, &c., for the honor conferred. 19* 222 ELECTION OF OFFICERS. you have heard the nomination just made, shall G. H. act as secretary," &c. In the same way may be chosen any other officers it is deemed best to appoint. 6. When a convention is assembled from various counties or states, it may be best for its originator to say, " I propose that we organize temporarily, for the purpose of electing officers and effecting a permanent organization. In which case the chair- man and secretary should be appointed pro tern- pore, in the way above indicated. 7. Then the selection of persons the best quali- fied to fill the various offices may be referred to a committee who should, at once, retire to a private room, canvass the merits of the different candi- dates, and report with all possible dispatch, their nominations for the action of the assembly. 8. Or several nominations may be made by the members from the various districts, and the assem- bly may proceed, at once, to elect the permanent officers by ballot. 9. The first business, in every representative assembly, after its organization, should be the ap- pointment of a committee to ascertain the names of all who have been elected and returned as mem- bers. To this committee should be referred all cases of contested elections. 10. When the proper officers are elected it will be the duty of the presiding officer to briefly set forth the object of the meeting. After this is done it will be in order for some one who is friendly to its FIXING DAY OP ADJOURNMENT. 223 object to move that a committee be appointed to prepare resolutions, or to arrange any business for its action.* 11. The chairman then puts the question, if de- cided in the affirmative he says, " Of how many shall this committee consist ?" If more than one number be named the question should first be put on the highest. If that be not agreed to, the next highest, and so on, till the committee shall be elected. 12. If only one particular number be suggested, say three, the chairman should say, three have been mentioned, the committee will consist of three. He then proceeds to appoint them. 13. The first person named on any committee is its chairman. It is right to name the mover in the appointment first.f After the names of the committee are announced, the chairman should provide at once a private place for the meeting of his colleagues, in case a room has not been pre- viously set apart for the use of the committee. 14. If it be known that the business cannot be finished at one session, some member should offer the following resolution, "Resolved, that when this meeting adjourns it will adjourn to meet again in this place, at o'clock, P. M. Or at Hall, on inst., at o'clock, A. M., or P. M. as may be judged best. When a resolu- * Or in case the design is to form a permanent society to prepare the Constitution and By-Laws. f t. e. Chairman. 24 REPORT OF A COMMITTEE. tion of this kind is agreed to, the meeting on clos- ing its session merely adjourns, and the presiding officer declares that the meeting stands adjourned till o'clock, P. M., or any other time -pre- viously agreed on. 15. The object of fixing the time of adjourn- ment, at an early stage of the proceedings, is to prevent confusion, and also to give notice to the largest possible number. While the committee is absent, the chairman or any other prominent per- son present, should address the meeting* on some appropriate and interesting subject. 16. It is often the case that the mover for the appointment of a committee has already a report, or Constitution and By-Laws, written out in full, which he submits to his colleagues for alteration and improvement. Whether this be done or not, the committee should prepare the report, &c., with the utmost care and dispatch, and, so soon as it is finished, go into the meeting. 17. The chairman of the committee should then either privately inform the presiding officer of his readiness to report, or take a prominent position so as to be easily seen by him. If any person occupies the floor he ought at once to close his remarks, or if any other business be before the assembly it should give way at the earliest oppor- tunity for the report. * The object of the address is to occupy profitably the attention of those assembled. "Whenever it is possible to proceed to advantage with any other business, the address may be omitted. ACTION ON A REPORT OF A COMMITTEE. 225 18. The moment business is suspended the chairman of the committee should address the pre- siding officer as follows : " Mr. President,* the com- mittee appointed to draw up resolutions-)- expressing the sense of this meeting have directed me to make this report," and then hand it to the presiding offi- cer, who should say, " The comrnitte appointed to prepare resolutions^ report (in part or in full, as the case may be,) the following ; will the secretary, or the chairman of the committee, (selecting the one he thinks will be best understood,) read the report?" 19. After all the resolutions are read, the presi- ding officer says, " The report is before the assembly, shall it be considered separately or altogether ?" 20. If a majority appear to be in favor of con- sidering it separately he will say, " The first reso- lution is before the assembly." Some member should then move its adoption, and another second the motion. The presiding officer then says, " It is moved and seconded that the first resolution be adopted." 21. After a slight pause, if no one rises to speak, he says, " As many as are in favor of the first resolution say yea'' Making a momentary pause, he continues, " As many as are of a contrary opinion, say nay'' Then the yeas or the nays, as the case * Or Moderator, Speaker, or by whatever title he may be known. f Or to prepare the Constitution, By-Laws, &c., as the case may be. \ Or Constitution, By-Laws, &c. 5 The best way is to consider it by clauses, if it be of much import- ance, or if any part thereof is likely to be objectionable. Cus torn of Congress. Re. 4, Ha Reps. p. 67. 22G ACTION ON A REPORT OF A COMMITTEE. Custom of Congress. Custom of Congress. may be, appear to have it. Again, after a mo- mentary pause, he declares the yeas have it. Or if the nays appear to preponderate, the nays have it. The first resolution is agreed to, or rejected. 22. Sometimes it is difficult to determine which side of a question has a majority. When this happens to be the case, he says it is impossi- ble for the Chair to decide. 23. Those in the affirmative will rise.* Sup- pose fifteen members stand up, he says fifteen vote in favor of the resolution. He should then direct all up to be seated and again say, " Those in the negative will rise." Suppose this number be six- teen, he says, " Sixteen vote in the negative ; the resolution is rejected." 24. Suppose any member doubts the correct- ness of the decision of the Chair, he should say immediately after the presiding officer announces that the yeas or the nays, as the case may be, ap- pear to have it, " I call for a division." 25. The president should then say, " There is a call for a division. Will E. W. and Z. B. act as tellers."f Those in the affirmative will rise, twenty vote in the affirmative ; those of a contrary opi- nion will rise, twenty vote in the negative; the Chair decides in the affirmative. In case the pre- * In case the meeting is small he should count the votes himself. If it be large he may appoint tellers, or direct the Secretary and the Vice- President to count the voters on each side. f Particular care should always be taken to select one teller from the affirmative and the other from the negative. MANNER OF PROCEEDING IN A CALLED MEETING. 227 siding officer should decline to vote, the resolution would be lost. 26. It often happens in called meetings that business is of a local character, and the proceed- ings are not intended to be published j in a case of this kind the business may be dispatched with- out the form of passing through the hands of a committee. On such occasions, the presiding offi- cer, after making any remark he deems necessary, should say, " The meeting is organized and ready to proceed with business. 27. It is then proper for any member to offer a resolution, and when it is seconded, the presiding officer should say, " The question is on the resolu- tion, is the meeting ready for the question ?" He then puts it provided no one rises to speak. 28. If any resolution be in any way objection- able, or if it be incorrectly worded, it will be pro- per for any one to amend the same, or move that it be referred to a committee with instructions to make such alterations, or additions, as may be deemed necessary. 29. When it appears that there is no business before the meeting, the presiding officer may sug- gest the propriety of providing for the publication of a part or of all the proceedings ; or when this is not necessary that the meeting adjourn sine die.* 30. When the business has not been .finished the meeting should adjourn to such time and place * Without naming any day to meet again. A motion to adjourn tine die is equivalent to a total dissolution of the meeting. Jeff. Man. p. 179, this book. Jeff. Man. p. 163, this book. Re.49,Ho. Reps. p. 81. 228 INFORMAL MEETINGS. See Jeff. Mim.,p.l88, this book. as will probably best accommodate the majority and secure the largest attendance. 31. The object of an adjourned meeting should always be definitely stated, and public notice be given the same as in the original call. INFORMAL MEETINGS. 1. It frequently happens that several persons may be collected, especially ladies, where there is no definite subject to occupy the attention. 2. In such cases time may often be best turned to account by reading extracts from some instructive book, and then making the topic the subject of general conversation. 3. Again, committees may be appointed to examine the various publications, periodicals, news- papers, &c., and report those which are the most valuable, and the points in which they excel, and also to designate those which have an immoral and deleterious influence. 4. Much has recently been done towards fill- ing a chasm in the literature of the age by the writing of biographies of eminent and pious fe- males. These books should be in every library, and often form the basis of social discussion. 5. Original compositions and essays on sub- jects which tend to improve and elevate the stand- ard of female education and female usefulness, afford alike the most pleasing and ennobling exer- cises. DUTIES OF THE PRESIDING OFFICER. 229 DUTIES OF THE PRESIDING OFFICER. 1. THE presiding officer occupies a more influ- ential and exalted position than any other member. Much of the success, prosperity, and often the very existence, of a society depends on his ability and energy. Hence it is incumbent on every one who expects ever to be called on to preside over any deliberative body, to understand a correct uniform system of rules for conducting public business. 2. It is the duty of every presiding officer to take the chair precisely at the time at which the meeting may be called, or to which it may have adjourned, and immediately call the members to order.* 3. He should then call on some onef of known probity and piety to open the deliberations with prayer. J After which he says, " A quorum being present, the secretary will read the minutes of the last meeting," 1 1 and then proceed with the regu- lar business. * If a quorum be not present, those assembled may take such measures as will be most likely to secure that number by sending for absent members, &c. Re. 65, Ho. Rep., page 85, Rule 8 Senate, page 126. j- In case no one has been previously designated for that purpose, he should designate the person who would probably exert the most salu- tary influence. J See order for conducting business, page 204. | In case the Secretary is absent with the records, a Secretary pro tempore may be elected, and any new business transacted. || This is done in order to correct mistakes if any should occur, and also for the information of those who might have been absent. The best way to correct mistakes is for the Secretary to read the minutes imme- diately before the adjournment of each meeting. 20 Re. 1, Ho. Reps, p. 87, Re. 1 Sen.,p. 126. Custom of Congress. 230 DUTIES OF THE PRESIDING OFFICER. Re. 2, Ho. Heps. p. 67. Rls. 43 and 44 Ho. Rep. p. 79, Re. 4, Ho.Re.p.67 Re. 15, Ho. Reps. p. 70. Re. 6 and 7 Ho. Reps, p 68. Re. 147 Ho Reps, p.100 Re. 45, Sen. 186. 4. He should preserve order and decorum, and announce each item of business at the right time. 5. He should state, or cause to be read aloud, by the secretary, all motions and propositions, properly made, and put the same to vote in a dis- tinct form, and announce the result. 6. He should sign all acts, orders, and other proceedings of the assembly which require to be authenticated, and cause the same to be attested by the secretary. 7. He should receive all legitimate messages and other communications, and, at the proper time, announce the same to the assembly. 8. He should represent and act for the body over which he presides whenever its prosperity and convenience require it. 9. He should uniformly show himself the faithful guardian of its interests and its honor, by promptly, yet in the most conciliatory way, check- ing any personal reflections that may chance to occur in debate, and, whenever necessary, explain the rules of order. 10. He should see that the secretary informs the members of committees of their appointment, and whenever necessary explain the nature of their duties. 11. He should call on each committee at every stated meeting for its report. 12. He should have the general supervision of the place of meeting, and see that the requirements DUTIES OF THE PRESIDING OFFICER. 231 of the charter, if any, are enforced, and that the Constitution and By-Laws are properly re- garded. 13. He should carefully protect all the pro- perty of the association ; use all reasonable means to augment its resources, and especially cause its debts to be collected, and see that its funds are invested in the safest and best way. 14. When two or more members happen to rise at the same time, he should name the one who is to speak first. 15. He should be constantly on the alert to notice the first approach to personality in debate, and restrain any breaches of order with mildness, but with the utmost promptness and impartiality. 16. He should make himself acquainted with the ability and character of all the members, so as to make the most judicious selections in ap- pointing committees, and in promoting the highest prosperity and usefulness of the body over which he presides. 17. He should vote on ballot, and when the assembly happen to be equally divided, his vote on oaliot ought to be taken first, but in every other case it should be given last.* 18. He may call any member to the Chair, if he wish to take part in the debate, or to be absent for a part of the session. If the assembly pro- vides for his absence by electing several Vice- * To avoid exerting an undue influence, and to cause each member to rely on his own judgment. Re. 33,Ho. Reps. p. 76. Re. 5, Sen. p. 125. Custom Speakers Ho. Keps. Reps. p. 70. Re. 12, Sen. p. 128, Con. IT. S., Art 1, Sec. 2, p LO. Re. S,ITo Reps. p. 68 232 DUTIES OP THE SECRETARY. See Spkr Beo.5, p.151 Re. 8, Ho. lops. p. 67. See Jeff. Man. Sec.o, p. 151, this (took. Re. 21, p 72, Re. 109. 110 and mi pp. 97 and Re. 63, UO. Kr] is. p. 86. Const U. b.,p.!2. Presidents ;* they take his place and the place of each other in the order of their rank. 19. When the presiding officer is absent, and there is no Vice-President to take his place, the assembly may elect a President pro tempore^ whose powers and duties, for the time being, will be precisely the same as those of the President. 20. The presiding officer may state questions sitting, but he should always rise to put them. 21. Although the president may be considered the leading member of an association, yet he may be removed at the will of a majority of the body, over which he presides, and another appointed in his place. DUTIES OF THE SECRETARY.^ 1. IT is the duty of the secretary to make a faithful record of all that is done and passed by the Assembly. 2. He should read all letters and papers; call the names of the members and note the ab- sentees ; also, when a question is taken by yeas and nays, call the roll, and note the answers. 3. He should notify each member of every com- mittee of his appointment, and give him a list of * Ordinarily the Vice-Presidents have no duty to perform, but should sit on each side of the President. The First Vice-President should oc- cupy a position at his right side, and supply his place in case of ab- sence, and so on. f For the time or occasion. J When there are several secretaries appointed the one first named should be called on to read the minutes, papers, &c., of the assembly. In case of his absence this duty devolves on the second named, and so on. DUTIES OP THE SECRETARY. 233 his associates, and the order of their appointment, so that each may know who is chairman, and who, in case the chairman is absent, must serve in his place. 4. He should state clearly, to each committee, the nature of the business to it referred, and he ought to sign all acts and proceedings required to be authenticated. 5. He should carefully preserve and file, separately and distinctly, all letters, written re- ports, receipts and documents of every kind be- longing to the assembly, and keep a correct journal of all its proceedings. Every thing of general interest, and every question on which a vote has been taken ought to be carefully recorded. 6. It is not, however, the secretary's duty to make any report of the speeches, or of motions moved, debated and withdrawn, without being acted on by the assembly. Every resolution, mo- tion, and important subject ought to be written in separate sections. There should be marginal notes on each page of the journal, to answer the purpose of an index to the matter therein contained. 7. He should never permit any paper to be taken from his custody without the leave or order of the assembly ; he ought always to rise when he reads or calls the roll; and keep all his papers filed in perfect order, so as to produce any one the moment it is wanted. 8. He should have adjusted under one head the names in full of all the members of the several DUTIES OP THE TREASURER. committees, and also a correct list of all the un- finished business. 9. He should pay the closest attention to all motions, amendments, and other business of the assembly, and attest the proceedings of each meeting. 10. He should register the names of the members alphabetically, and keep an accurate memorandum of the post-office address and resi- dence of each, so as to give him due notice of the time and place of every meeting. 11. It is the duty of every secretary, at the expiration of his term of service, to deliver to his successor, or to the president, all books, vouchers, letters, papers, keys, and other articles which ap- pertain to his office. DUTIES OF THE TREASURER. 1. IT is the duty of the treasurer to deposit in the safest place all the money, notes, and papers of every description belonging to the assembly. 2. He should charge himself with every item of property received, with the date, source, and other minute particulars pertaining thereto. 3. He should not part with any money or other property of the assembly without an order, signed by the president and secretary, or a resolu- tion authorizing him so to do. 4. These orders and resolutions together, with the receipts of the party receiving the same, are a DUTIES OF THE LIBRARIAN DUTIES OF A COMMITTEE. 235 mr to all further claims on him for the amount therein specified. 5. He should, at all times, have his books properly posted, so as to tell the financial condi- tion of the association whenever called on, or so that, in case of death, neither his own estate nor the interest of the society would suffer. 6. It is proper, though not always required, for the treasurer to give a bond for the faithful performance of his duties. 7. The treasurer, like the secretary, at the expiration of his term of service is bound to deliver to his successor in office, or to the president, all books, papers, and other property, properly ar- ranged and in good order. DUTIES OP THE LIBRARIAN. * THE librarian should have charge of the books, pamphlets, periodicals, maps, engravings, &c., belonging to the library, and ought to keep a record of all matters appertaining to the same; and at the expiration of his office deliver to his successor, or to the society through its presiding officer, all information, documents, &c., that will tend to augment its usefulness. THE DUTIES OF A COMMITTEE. 1. EVERY assembly must, necessarily, entrust much of its business to committees. It is impos- sible for all the members to examine, thoroughly, each for himself, every item of business that may be presented. 236 DUTIES OP A COMMITTEE. 2. Hence a committee, as a body, and the members of it personally, should give especial attention to every subject referred to them by the assembly. Each member should individually use constant vigilance to seek information by exami- nation and personal inquiry. 3. Every standing committee should have its regular chairman and secretary, keep accurate minutes of all its proceedings, and carefully deli- berate on all matters to it referred. 4. The members of a committee act for and in the place of the assembly ; hence it is their duty to examine witnesses, abridge, simplify, ar- range, and put in proper form, all resolutions, papers, bills, and every description of business which may be assigned them. 5. The duties and powers of committees may be modified or enlarged by definite instructions given, at any time, by the assembly ; it is their duty to meet and attend to the business assigned them with systematic order, and, unless otherwise directed, at times when the assembly is not in session. 6. A majority of all their members is neces- sary to constitute a quorum ; their business and duties, like those of the assembly, require mutual consultation and deliberation ; hence, no business can be properly transacted by separate consultation with every member by the chairman. 7. If matters are referred to a committee with particular instructions, it must report accord- SELECT COMMITTEES. \ ing to the directions given. In l other cases it may make such a report as it judges best. 8. A committee may amerid any bill or document referred to it, but the amendment should always be on a separate paper, and distinctly state the words to be inserted or erased, and specify clearly the word, or words, the line, or lines, where such alterations are to be made. 9. A committee has no right to erase, inter- line, disfigure, or alter, in the least, any paper or document referred to it by the assembly. When it is found necessary to make several alterations, it may draft an entirely new paper, and report the same as a substitute for the original. 10. If the members of a committee be of opi- nion that the subject referred cannot in any way be amended, so as to be productive of good, even then they have no right to reject it, unless the whole business, as well as the form, has been re- ferred. They should report the matter back to the assembly, state their objections, recommend that it " do not pass," and oppose it the same as other members. SELECT COMMITTEES. 1. SELECT Committees may be appointed at any time to examine and report upon any speci- fied subject. After making their final report,* * The adoption of the report of a Special Committee dissolves it without any action of the Assembly, but a report may be received and action thereon postponed. Jeff: Man. last clauso of Sec. 21, p. 164, tliis book. Clause 1st, p. 167. 237 Re.l27,Ho. Kcps.p.102. Custom of Congre**. STANDING COMMITTEES. they may be discharged either by a resolution or by a motion. 2. Standing Committees should be appointed at the beginning of each session, and continue to examine and report upon all business coming within the scope of their jurisdiction. Their reports are justly entitled to the most weight with an assembly, 3. For both the mover and seconder for the appointment of a Select Committee are placed on the same. The Parliamentary rule requires that those opposed to a subject be not appointed ; this rule in Congress is not strictly observed ; if it were, the reports of Select Committees would have less weight than what they do at present, 4. For it is presumed that gentlemen in favor of a certain proposition would always report in its favor. It may also be observed that the mover is usually the Chairman, and draws the report agreeable to his own views. STANDING COMMITTEES. 1. STANDING Committees being appointed at the opening of each session, are less liable to be prepossessed in favor of, or against any measure, than those who are appointed, perhaps, at the time of excitement, and after each member has been, to some extent, committed to the measure. 2. The fact that Standing Committees keep a record of their proceedings, tends to make them more careful in their deliberations ; they STANDING COMMITTEES. 230 also have former committee-books of reports, per- haps for a series of years, to refer to and consult previous to making their report. 3. In case the chairman is absent, or declines or neglects to appoint a meeting, it is the duty of the committee to meet on the call of any two of its members. 4. In all cases where property is at stake, or whenever there is a temptation for briber^Sted corruption, the reports of committees should be thoroughly examined by each member of the as- sembly. 5. For in adopting the report it thereby be- comes the report of the assembly, and all the doings of a committee have precisely the same force and power as though they had been origi- nally drafted and acted on by the assembly, with- out the aid of a committee. 6. To secure the utmost respect and confi- dence, all standing committees should be elected by ballot.* As drawing the report usually devolves on the chairman, he should be first elected, by himself, and receive, at least, a majority of all the votes cast. 7. The other members may all be elected at one ballot, and a plurality of votes only be re- quired for a choice. 8. If, however, an assembly wish to avoid the tediousness of electing a large number of commit- * In large assemblies convened from various sections of the Union, the members should nominate the individuals to serve on a committee; but no one should nominate more than one person. 240 CO ulITTEE OF THE WHOLE HOUSE. tees, it may appropriately delegate this power to the presiding officer, whose reputation and duty alike require him to select the men best qualified to discharge such duty. THE CHAIRMAN OF A COMMITTEE. THE first named on a committee should act as chairman ; unless a majority choose some other member of their body to fill that office. COMMITTEE OF THE WHOLE HOUSE. 1. ALL business of great public interest should be first discussed in a committee of the whole House.* The benefits derived from this course I, * Who debate and amend the subject till they get it into a shape that meets the approbation of a majority, which being reported, and con- firmed by the assembly, may then be referred to a select committee. The following is, in substance, extracted from the journals of Congress, June 8th, 1776. "After being in session some time, the president re- sumed the chair, and the chairman of the committee of the whole, Benjamin Harrison, of Va., reported that the 'committee had taken into consideration the matter to it referred, but not having come to any resolution thereon, directed him to move to sit again on the 10th.' ' Resolved, that this Congress will, on the 10th inst., at ten o'clock, re- solve itself into a committee of the whole, to take into their further consideration the resolutions referred to them." June 10th, 1776. " Agreeably to order, Congress resolved itself into a committee of the whole, to take into further consideration the resolutions to it re- ferred ; and after some time spent thereon, the president resumed the chair,' and Mr. Harrison reported that the committee have had under consideration the matters referred to it, and have come to a resolution thereon, which they directed him to report." "Resolved that these United Colonies are, and of right ought to be, free and independent states ; 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 dissolved." June llth, 1776. Resolved, that the select committee for preparing the Declaration of COMMITTEE OP THE WHOLE HOUSE. 241 are, that the assembly assumes the character of a colloquial meeting, where each member offers and receives advice. Several legislative rules are not enforced; the speeches are generally shorter, and the opinions of a majority may thus be better elicited. 2. The parliamentary rule permits a person, in committee of the whole House, to speak as often as he can obtain the floor. But in Congress a member is prohibited from speaking twice on the same question, till each one has had an opportu- nity to express his views. This is a wise regula- tion, for those not in the habit of speaking are generally brief, and confine their remarks strictly to the merits of the question, and the leading points of the subject, without entering into its details. 3. The form for any body to go into a. com- mittee of the whole house is for the presiding offi- cer, on motion of some member, to put the question, that the house or meeting now resolve itself into a committee of the whole, to consider the proposed business (which should be distinctly specified). If determined in the affirmative, he appoints some one as chairman, then leaves his place and takes a seat the same as any other member, and the person appointed chairman does not occupy the speaker's chair, but sits at the table of the secre- tary. A committee of the whole cannot adjourn Independence consist of five. The committee were chosen as follows : Benjamin Franklin of Pa., John Adams of Mass., Thomas Jefferson of Va., Roger Sherman of Conn., K. R. Livingston of N. Y." Jeff. Man. [['- 1&2 and 153 this l.k. Also Ills., 124 to 138, Ho. Reps, ppa. 101 to 104 respect- ively. Jeff. Man. p.- 166, this book. Be. 134, Ho. Reps., p. 103. Be. 125, Ho. Reps., p. 101. 21 Q 242 THE MOTION TO COMMIT. as other committees may, but if business is un- finished it rises on a question. 4. The house or meeting is then resumed; the chairman reports that the committee have, accord- ing to order, had the business under consideration, and made progress therein ; but not having time to finish it, have directed him to ask leave to sit again. The question is then put, on having per- mission, and on the time the house will again re- solve itself into a committee of the whole. 5. The committee can consider only the sub- ject to it referred. When this is done,* the chair- man should say, " The propositions under consi- deration are closed, the committee will rise." He ought then to return to his place in the assembly, and the regular presiding officer should, at once, resume his official seat, and the chairman of the committee ought immediately to say, " Mr. Presi- dent, the committee of the whole housef have had under consideration the subject." [Here state it and the result of the deliberations thereon.] The secretary of the assembly records nothing but the report of the chairman. THE MOTION TO COMMIT. 1. WHENEVER a proposition, or business of any kind, is brought before an assembly, which is de- * Or when the committee cannot proceed further for the want of time, or for any other cause, the chairman should report according to the facts of the case. } For Committee of the Whole on the state of the Union, see note on the 76th page. THE MOTION TO COMMIT. 243 sirable to pass, but the form in which it is intro- duced is crude and defective, a motion should be made to refer the subject to a committee, which is styled a commitment.* 2. This motion may be amended by substi- tuting a different committee ; by increasing or les- sening the number; or by definite instructions which may be done to procure further information, and postpone the subject for future consideration. 3. When different committees are proposed, the question should be taken in the following order : 1st. Committee of the whole house. 2d. A stand- ing committee, and 3d. A select committee. As a general rule, the subject should be referred to a standing committee, provided there be one suitable to take cognizance of it. If not, a select commit- tee ought to be appointed. 4. Any member of an assembly may be pre- sent at a select committee, but cannot vote, and must give place to all of. its members. With the exception that the title or subject cannot be changed, a committee has full power over any bill or paper committed to it. 5. The paper before committees, whether se- lect or of the whole, may be a bill, resolutions, or draft of an address, either referred to, or originat- ing with them. - In all cases the paper should be first read by the secretary of a committee, and then by the chairman, by paragraphs; a pause * la case it has already been referred, it is styled a recommitment. See Sec. XXIII. page 165, nnd the note thereto. Re. 47, Ho. Reps. p. 80. .Toff Man., Clause "th, p. 163. Clause 8th, p. 163. THE MOTION TO COMMIT. being made at the end of each, and questions for amending put, if proposed. 6. With respect to resolutions on distinct sub- jects emanating from themselves, questions should be put on each separately as amended or un- amended, but no final question on the whole ; though if they relate to the same thing, a question should be put on the whole. 7. If the paper originating with them be a bill, draft of an address, &c., they should proceed by clauses to put questions for amending, either by insertion or omission, if proposed ; but no question on agreeing to the paragraphs separately : at the close a question should be put on the whole for agreeing to it as amended or un amended. 8. If a paper be referred to them, they should put questions of amendment, when proposed, but no final one on the whole ; for all parts of the paper having been adopted by the assembly must stand, unless altered or struck out by a vote. 9. The rules of order that govern assemblies, in most cases, apply to committees, but not always ; for example, disorderly words or conduct in a com- mittee cannot be punished by the members thereof; all they can do, is to take down the words, note the conduct, and report the same to the assembly for it to adjudicate and punish. 10. After a committee has agreed upon a report, on the business entrusted to it, some member should move that the committee now rise, and that the chairman, or in his absence some other FORM OP THE REPORT OP A COMMITTEE, 245 one, report the result of the proceedings to the as- sembly, which being agreed to, terminates their deliberations. FORM OF THE REPORT OF A COMMITTEE. 1. THE chairman, or the member appointed to make the report, at the proper time, should rise in his place and inform the assembly, that the com- mittee to whom was referred the [naming the title of the paper or business to the committee referred] have, according to order, had the same under con- sideration, and directed him to report thereon, with or without amendment, as the case may be. 2. He then hands the report to the presiding officer, or proceeds to read it, if desired. It is usual in legislative assemblies to have all the im- portant reports of committees printed, and to dis- pense with the reading till the subject comes up for final action. 3. Making the report and its adoption dis- solves the committee. If, however, the assembly decline to receive it on the ground of new matter, or any other cause, the committee is not dissolved, but may be required to re-examine the subject and make another report. 4. A committee may report, simply stating the facts and the results of their deliberations, without any resolution respecting the business to it referred. Reports of this kind should terminate with, " Re- ~~21* Rep. Com. Jeff. Man. p. 164, this book. Jeff. Man. last clause p. 167, thla book. LastdaoM 22, 246 REPORTS OP A COMMITTEE THE MINORITY REPORT. solved that this committee be discharged from the further consideration of this subject."* REPORTS OF A COMMITTEE. 1. OR a committee may state the facts, &c., and conclude by condensing them and all the reas- onings thereon, in the form of a resolution or a series of resolutions, or it may report by resolu- tion without any preliminary observations. 2. All resolutions should recommend definite action, and form the basis of proceeding for an as- sembly. 3. The first question after a report, is on its re- ception or adoption. If it contains only a state- ment of facts, reasonings, or opinions, the question should be on its acceptance.^ 4. If, however, it contains a resolution, or de- finite propositions of any description, the question should be on its adoption. THE MINORITY REPORT. 1. EACH member of every committee is pre- sumed to have carefully examined the subject re- * In Congress, when the business is unfinished, the form of pro- ceeding varies. The chairman of a committee of the whole House on the state of the Union, reports that " the committee have come to no resolution thereon." The chairman of a committee of the whole House "reports progress, and asks leave to sit again;" and the chair- man of a standing or select committee when called on, simply announ- ces the fact that " the committee are not prepared to report." See page 153. f And the acceptance or adoption of the report, under these circum- stances, dissolves a special committee. PRECEDENCE OF QUESTIONS. 24Y ferred, in all its bearings ; hence, should any one differ in opinion from his colleagues, and be desir- ous of placing his views and conclusions before the assembly, he may do so by making a separate and distinct report, immediately after that of the majority. 2. Whenever any one of a committee feels it his duty to make a statement different from his colleagues, he should signify his desire to some member, who should move that action on the re- port of the majority be postponed in order to hear that of the minority,* and immediately after it is made, a motion will be in order to take up, for consideration, the report of the majority, but that of the minority may be substituted for it, or the subject may be recommitted with instructions, or the whole matter may be referred to a new com- mittee. PRECEDENCE OF QUESTIONS. 1. THE proposition first moved and seconded * When the minority are not ready to report, the whole matter may be postponed till another meeting, or the assembly may proceed at once to act on the report of the majority. Whenever a committee may be divided, the following are the appropriate forms : The undersigned, a majority of the committee on the , to whom was referred the relating to , have bestowed upon them that deliberate con- sideration which their importance is entitled to, and beg leave to sub- mit the following report : Report of the Minority of the Committee on the The undersigned, a minority of the committee on the , to which were referred the relating to , beg leave to submit the follow- ing report : Re.120.Ho. Reps. p. 100. See recom- mitment, p. 166. Jeff. Man. p. 168, thif book. 248 PRECEDENCE OP QUESTIONS. should be put first, unless a privileged question arises. 2. The following are privileged questions, and have precedence in the order in which they are arranged : 1. A motion to fix the day to which the as- sembly shall adjourn. 2. To adjourn. 3. To lie on the table. 4. For the previous question. 5. To postpone to a day certain. 6. To commit. 7. To amend. 8. To postpone indefinitely. 3. The design of the privileged questions is to subserve the interests of the assembly. A propo- sition, of great benefit, may be brought forward, which the majority may not comprehend, and con- sequently deem useless, or inexpedient, and which, if put to a direct vote, would be rejected ; hence, the motion to lay a proposition on the table, which admits of no amendment, will often prevail, and upon further examination it may be called up and passed by the votes of those who, if urged to vote in the first instance, would have rejected it. 4. The previous question is designed to rid the assembly of an unnecessary discussion. It is not in order, and should not be put unless demanded by a majority present. The postponement to a day certain, gives the members more time for deliber- PRECEDENCE OP QUESTIONS. ating thereon, or affords them an opportunity to at- tend to other business requiring immediate action. 5. When a proposition ought to be condensed, simplified, or materially altered in any way, it should be referred to a committee. If it need only a slight alteration, a motion to amend it may be all that is necessary. 6. When it is desirable to reject any question in a delicate manner, indefinite postponement should be moved. 7. The main question may also be delayed by the introduction of questions which affect the per- sonal rights and privileges of the members, or of the assembly itself; for example, a quarrel may arise between some of those assembled, or the business of the meeting may be interrupted by some other kind of disorder. 8. Questions growing out of cases of this de- scription, take the precedence of all others, except those pertaining to adjournment, and should al- ways be first decided. When order has been re- stored, business should be immediately resumed at the point at which it was suspended. 9. A question that arises out of another, should be decided before the original one, from which it arose ; hence an amendment to an amend- ment should be first put; then the amendment, and lastly the original question, either with or without amendment, as the case may be. 10. When a question of order arises, it arrests all consideration of the subject out of which it iSec.5, See privi- eged ques- tions, page 171. Custom of Congress. Sec p. 170 Cart. Qo jReps. ADJOURNMENT. ORDERS OP THE DAY. arose, and should be first decided, after which the business that gave rise to it should, unless disposed of by the question, be resumed at the point at which it was suspended. All questions of order should be promptly decided, without debate, by the presiding officer. ADJOURNMENT. 1. A MOTION to adjourn is always in order, un- less it be made immediately after the question to adjourn has been negatived ;* then it would not be in order, for the question already decided would be the same as the one following it. 2. An assembly may adjourn for conference, or for a certain number of minutes. 3. Should a regular adjournment take place during the consideration of any business, or before any question is decided, the subject before the as- sembly at the time is thereby removed, and will not come up as the first business of the next meet- ing, but will take its place, as the first item in order on the roll of unfinished business. OEDERS OF THE DAY. 1. WHEN any subject before an assembly is postponed to a certain day, it is called the ORDER for that day. If two or more subjects be post- poned to the same day, they form the orders for that day. * Or unless a motion be made to fix the time to which the assembly will adjourn. [See note to Rule 48, Ho. Reps. p. 80.] READING PAPERS. 251 2. If a subject be postponed to a certain hour of the day named, it is not a privileged question before that time. If no hour be stated, it takes precedence of all other business for every part of that day, or so much of it as is necessary for the final decision. 3. A motion for the order of the day takes precedence of all other questions, and should be first put to vote ; unless a motion be made to ad- journ, or a question arise respecting the rights and privileges of the assembly, or some of its mem- bers. 4. The business before an assembly, at the time it is decided to take up the special orders of the day, is affected precisely the same as if it had then adjourned, and comes up, as a matter of course, first on the roll of unfinished business at the next meeting. READING PAPERS. WHEN documents, or papers of any kind, bearing directly on the question, are in possession of the assembly, any member may demand that they be once read, and it is the duty of the presiding offi- cer to take the vote thereon; or when it appears evident that the reading of a paper will give im- portant information, and tend to dispatch business, he may direct the secretary to read it, but if any member object, a vote should at once be taken as aforesaid. Re. 30, Sea p. 1JO. Jeff. Man. p. 160 and 168, this book. Re. 58, Ho. Reps. p. 84 Re. 57, Do. Reps. p. 84. Rulel4,Sn. p. 127. 252 ORDER OF BUSINESS. THE PREVIOUS QUESTION. ORDER OF BUSINESS. 1. IF an important motion, or business of any kind, be obstructed by some rule or regulation, it may be suspended, for the purpose of disposing of the same by a vote of two-thirds of the members present. 2. A motion to suspend should always be put before the consideration of the question which would be in order by the rules of the assembly. 3. No motion or proposition on a subject differ- ent from that under consideration, should ever be allowed, by way of amendment. THE PREVIOUS QUESTION. 1. WHEN the previous question is moved, and seconded by a majority, the presiding officer should rise and say, " The previous question has been moved and seconded. Shall the main question* be now put?" 2. The object of a call for the previous ques- tion is, generally, to wind up a tedious and unpro- fitable debate. This question, if decided in the affirmative, suspends all further consideration of the main subject, and stops all debate or amend- ment pertaining thereto,f and the vote is at once taken without further deliberation. * The main question is the principal and original subject. See the note to Rule 50 at the bottom of the 81st pago. f In Congress, the mover of the previous question aims to get an affirmative decision, and bring the subject to a direct vote. In Parlia- ment, on the contrary, the design is to get a negative decision, and sup- press a vote on the question altogether. A negative decision, accord- THE PREVIOUS QUESTION. 253 3. A direct vote may be taken on any subject, without the previous question, by a rule that after a specified time, appropriated to its consideration, all debate thereon shall cease, and that the assem- bly shall vote directly on all questions pertaining thereto. 4. Or a society may make a rule that no mem- ber shall speak more than once, nor longer than a certain number of minutes. 5. No debate should ever be allowed on the previous question after it is properly demanded, but the vote should always be first taken on the auxiliary, or as they are sometimes called, subsi- diary questions, provided the main subject is so encumbered. 6. For example, suppose it has been moved and seconded to refer the main question to a com- mittee previous to the call for it ; then the vote should first be taken on that proposition, and should it prevail, the main question would be dis- posed of. But if not, the next vote should be on amendments, if any, reported by a committee ; then on amendments, if any, proposed in the assembly ; and lastly on the main question itself.* 7. If, when the previous question is called, ing to Parliamentary usages, puts off all further consideration of the main question ; but by a negative decision, according to the custom of Congress, the debate goes on the same as if the motion for the previous question had not been made. * The Parliamentary practice is contrary to the Congressional rule in regard to this question. See previous question, Jefferson's Manual, page 172 this book. ~22 . Re. 34, Ho. Reps., p. 76. Re. 51.IIo. Reps. p. 82. Re. 50, Ho. Reps. p. 81. Re. 46, Ho. Reps. p. 79 254 THE MOTION TO COMMIT AMENDMENTS. Re. 55, Ho. Reps. p. 82. Be. 46, Ho. Eeps. p. 79. 1U. 46, Ho. Reps. p. 79. Jeff. Man p. 174, this book. there be no secondary questions pending, then the vote should be taken directly on the main ques- tion. 8. A motion to postpone to a certain day may be amended by the substitution of a different time, provided it be within the session of the assembly, so as not to make the subject different from the one first under consideration. THE MOTION TO COMMIT. 1. THE motion to commit* is next in order, and may be amended by substituting a different committee, by increasing or diminishing the num- ber, or by instructing the committee to introduce some particular amendment. 2. When a motion to commit, or recommit, as the case may be, is decided in the affirmative, the principal question, and every thing pertaining thereto, is removed, for the time being, from the assembly ; but if it be negatived, it will still re- main, and must be disposed of in some other way. AMENDMENTS. 1. THERE are three different ways of making amendments : 1st. By inserting or adding some specified word, phrase, sentence or section. 2d. By striking out some specified word, phrase, sentence or section. * Or if the subject has been once before a committee to re-commit. AMENDMENTS. 255 3d. By striking out some particular part, and inserting, or adding in its stead, or otherwise, some word, phrase, sentence or section. 2. Every proposition of several sections ought to be first read throughout by the secretary. Then the presiding officer should read it, by clauses, beginning immediately after the preamble, and pausing, at the end of each clause, to give room for inquiries, amendment, &c. 3. After any portion of a bill, or paper, has been amended, it is not in order to go back and make any additional alteration or amendment. The only means to reach this point is by reconsi- deration. 4. The right way to consider and amend every j paper, is to commence at the beginning and go I through it by clauses. But on the second reading by the presiding officer, the preamble, if any, should be omitted till all the other parts have been acted on, for the reason, that on the exami- nation of the balance of the paper, such changes may be made therein as to require the alteration of the preamble. 5. It is in order to move an amendment to an amendment, but no further.* When, in the opin- ion of any member, an amendment to the amend- ment may be improved, he may give notice that if rejected in the form A. B., in which it is pre- sented, he will move it again in the form C. D., in which he desires it. * It is never in order to amend an amendment to an amendment. page 288. lle.l27,Ho. Reps. p. 103. Jeff. Man. Clause 2d, p. 164, this book. Custom of Cong, and Jeff. Man~, Clause SH p. 164. Cost Ho. Reps. AMENDMENTS. 6. A resolution may be amended by striking out all after " resolved," and inserting a new pro- position, provided it relates to the subject under consideration. 7. If it be moved to amend, by striking out a paragraph, the friends of that paragraph may make it as perfect as they can by amendments, before the question is put for striking it out. - In such cases the amendments become a part of the original proposition, if the first motion to strike out should be rejected. 8. Again if it be moved to amend by striking out certain words, it may be moved as an amend- ment to that motion, to strike out only a part of the words proposed to be stricken out by the first amendment ; which latter motion, if it prevail, is equivalent to leaving the words, stricken out of the first amendment, in the bill. [See page 288.] 9. A motion for an amendment, once nega- tived, cannot be renewed in the same form. 10. If an amendment be proposed and agreed to, by striking out or inserting some specified word or words, the question cannot again be put to strike out or insert the same words. The propo- sition, in its original form, can only be had by re- consideration. 11. But the same words, or a part of them, may again be used in connection with other words, pro- vided they are so arranged as to make a proper coherence and a different proposition. 12. When it is moved to amend by striking MODE OF DEBATE. 257 out, or by adding or inserting, or by striking out some specified words and adding or inserting others, the question should be stated by reading the whole proposition to be amended as it stands. Then the words proposed to be stricken out. Next, those to be inserted, and finally the whole propo- sition as it will be if amended. 13. After all the amendments have been dis- posed of, the presiding officer should put the final question, on agreeing to, or adopting the whole bill, or paper, amended, or unamended, as the case may be. MODE OF DEBATE. 1. No person, in speaking, should mention any one present by name, but ought to describe him by the place or State he represents, or as the member on my right or left, or the member who spoke last, or the last but one, or the gentleman on the other side of the question, or my colleague, or the gentleman who offered the resolution or the amendment, &c. 2. The object of this mode of procedure is to do away with all manner of excitement, and to exclude all personal feeling, both of friendship and of enmity. The members should each act in an official, not personal, capacity. 3. No one should ever use language offensive or insulting to the assembly, or any member I thereof. The consequences of a measure may be denounced in strong terms, but everything per- 22* R Jeff. Man. clause 2d, p. 174,tWbk. Jeff. Man. p. 157, this book. Clause 0, p. 167. 258 MODE OP DEBATE taining to the motives of those who advocate it, should be scrupulously avoided. 4. When a member is called to order, the ex- ceptionable words should, at once, be written down. 5. "When a member has spoken once, and de- sires to occupy the floor again, before others wish- ing to speak have done so, he ought to ask leave of the presiding officer, who says, " Shall the member have leave ?" If no objection be made, or if objected to and decided in the affirmative, he says, " The gentleman will proceed." 6. Leave should always be obtained to make any statement to the asst mbly which does not in- volve a motion. No subject ought to be consid- ered open for debate till after it has been stated by the presiding officer. 7. All incidental questions of order, motions to reconsider, to take up particular items of busi- ness, and to read documents pending a question, should be promptly decided without debate. 8. No member should be permitted to occupy more than one hour in debate. In societies that hold only one meeting, it will be advantageous to limit each individual to a certain number of minutes. 9. Whenever a member is declared out of order, he should not be permitted to proceed, if any one object, without the consent of the as- sembly. 10. A faithful observance of the rules for con- QUESTIONS NOT DEBATABLE. 259 ducting public business best promotes the har- mony, prosperity, and usefulness of every deliber- ative body. It is not enough for a few to un- derstand legislative proceedings, for then business is transacted and power exercised by a minority, the real criterion of a monarchy. 11. The genius of free institutions presupposes that each member, however humble, as an indi- vidual, has an equal right with every other one, to submit his propositions, bring forward official busi- ness, explain, recommend, and discuss all matters pertaining thereto. . 12. No assembly should ever know a member either with undue favor or prejudice, but should always look to the merits of the case, and pa- tiently examine and deliberately decide thereon. QUESTIONS NOT DEBATABLE. 1. IN order to economize time, and secure dis- patch of business, the following questions should never be debated : 1. A motion to fix the day of adjournment. Re.4s.Ho. ,. J Reps. p. 80. 2. A motion to adjourn. 3. A motion to lie on the table. 4. The previous question, and all incidental questions pertaining thereto. 5. All appeals in calls to order. 6. All questions relating to priority of business. 7. A motion to read any paper. 8. A motion to take the yeas and nays. Re. 50 and 51, Ho. Rep. pp. 81 and 182. Re. 35, Ho. Rep. p. 77. Re. 113, Ho. Reps, p. 98. Re. 14, Sen, 'p. 127. Re. 16, Sen. p. 127. 260 Custom o Congress. Ke. 6, Sen p. 125. THE DIVISION OP A QUESTION. Re. 53, H< Eeps. p. 82. And Re 12, Sen. 126. Re. 151 Ho. Heps, p 106. Re. 53, IIo Eeps. p. 82. 9. A motion relating to priority of business or to any particular part thereof. 10. A motion to reconsider. 11. And all motions relating to order should be promptly put or decided by the presiding officer, subject, however, to an appeal. THE DIVISION OF A QUESTION. 1. WREN a question in debate contains two or more separate and distinct points, any member may have the same divided. When there is a call I for the division of a question, the presiding officer should determine whether it is susceptible of sepa- ration ; if so, into how many parts it may be divi- ded. 2. The member who calls for the division of a question, should also state the form in which he pro- poses to have it taken, for a motion to divide as- sumes the nature of an amendment, and as such may be amended. 3. It may happen that a proposition will con- tain several separate and distinct parts, some of which may be very pernicious, while the others will be exceedingly beneficial. Hence the wisdom of the rule in permitting any member to demand a division. It offers the shortest way of amend- ment, and throws every question upon its own in- trinsic merit.* * This rule, though sanctioned by both Houses of Congress, is con- trary to the Parliamentary rule. See division of the question, Jeffer- son's Manual, page 175, this book. TO LIE ON THE TABLE. 261 INDEFINITE POSTPONEMENT. INDEFINITE postponement admits of neither de- bate nor amendment; it suppresses a question al- together, without coming to a direct vote thereon in a way which cannot be renewed during the ses- sion. This motion decided in the affirmative in Congress, is equivalent to the previous question decided in the negative according to the ancient rule in parliament. POSTPONEMENT TO A CERTAIN TIME. WHEN an assembly has more subjects before it than can be disposed of in one day ; or when its members wish for more information, or want time for examination and reflection, a motion should be made to postpone the business to a certain time, when different days are named, the question should be first put on the longest period. ) TO LIE ON THE TABLE. 1. THE motion to lie on the table takes pre- cedence of every other, except that of adjournment. When an assembly wishes to lay aside the consi- deration of any proposition for a short, but indefi- nite time, the motion to lie on the table should be made. 2. If this motion be decided in the affirmative, the main question, with every thing pertaining thereto, is removed. All subjects lying on the Re. 62, Ho. Reps., p. 82. Custom of Congress. Re. 130, Ho. Hep. p. 102. Re. 46, Ho. Reps. p. 79. 262 THE MOTION TO RECONSIDER. table may be renewed whenever it suits the con- venience of the assembly. 3. The motion to lie on the table is often re- sorted to by those unfavorable to a proposition, the operation of the rule being similar to the ancient application of the previous question, for, unless a majority afterwards consent to take up the subject, it is quashed. 4. When it is proposed to lay any proposition, report, resolution, or paper on the table, the friends of the measure should have it limited to a specified time, or until certain questions have been decided; after which, a motion should be made that the assembly proceed to consider the subject on the table. THE MOTION TO RECONSIDER. 1. WHEN a motion has been carried, either in the affirmative or negative, it is in order for any member who voted on the side which prevailed to move for a reconsideration, on the same or the succeeding day, or at the next meeting after the one at which the question proposed to be recon- sidered was passed or rejected. 2. But no motion to reconsider is in order after the subject upon which the vote was taken shall have been announced, by authority, and gone out of the possession of the assembly. 3. In all cases a motion to reconsider should be decided by a majority of the votes present, and it takes precedence of all other questions, except APPEAL. those to adjourn, and brings the whole subject up for debate the same as if it had not been acted on. 4. Adroit politicians sometimes vote on the side of their opponents when a question is likely to be lost for the purpose of moving a reconsidera- tion ; but if it appears that a few members wish to retard the public business by this manoeuvre, it is proper to lay the motion to reconsider on the table, which effectually disposes of it, unless a ma- jority desire to call it up again. APPEAL. 1. A DECISION of a presiding officer may be made the subject of appeal by any two members, and the motion to appeal may then be debated and decided the same as any other question. The pre- siding officer may give the reasons for his decision, but neither he nor any member should speak more than once, without leave of the assembly. 2. When an appeal is made from the decison of the chair, the question ought to be put in the following manner: " SHALL THE DECISION OF THE CHAIR STAND AS THE DECISION OF THE ASSEMBLY? 7 3. The appeal and the vote thereon should be recorded by the secretary.* The question of ap- peal supersedes, for the time being, the further consideration of the subject before the assembly ; but so soon as it is settled business should be re- sumed at the point at which it was interrupted. * It is always in order to move that the appeal lie on the table. 268 Re. 66, Ha ;<:-.. and Note, p. 83. Re. 2, Ho. Reps. p. 67. MOTIONS. Rls. 9 and 10, Sen. p. 126. Re. 43,Ho. Reps. p. 79. Re.45,Ho. Reps. p. 79. MOTIONS. 1. No MOTION should be put till it be seconded by some member.* Every motion should, if de- sired by the presiding officer, or any member, be reduced to writing, and read, before any action or debate thereon. 2. Every motion properly made should either be stated by the presiding officer, or, being in writ- ing, read aloud by the secretary. 3. After a motion is stated, or read, it is in possession of the assembly, but may be withdrawn by the mover at any time before an amend- mentf or decision. 4. When a question is stated, the presiding officer should first give the floor to the mover, if he rises to speak. When a motion to consider any particular item of business is negatived, it cannot be renewed till some other subject has been dis- posed of. 5. When business is brought before an assem- bly which is not desirable to consider, a motion for indefinite postponement may be made. 6. When a subject is presented in a suitable form, a motion to proceed with its consideration, or to adopt, or reject it, may be made. 7. When the general outline of a proposition is acceptable, and desirable to be passed, with some * The presiding officer, if a member of the assembly, may second the question. j- After an amendment it can only be withdrawn by general consent, or by a unanimous vote. QUORUM. 266 erasures, additions, or other changes, a motion to amend may be made. QUORUM.* 1. EVERY assembly, to attain the highest de- gree of usefulness, should have the respect and confidence of the community. Important ques- tions may be decided by one vote. 2. It is to be presumed that the larger the number present, the more wisdom will be brought to bear on the subject under consideration ; the less hasty and ill advised will be the proceedings , the more in accordance with the will of the majority and the welfare of the whole community, will be the action of the assembly. Hence, a majority of all the members should be necessary to form a quorum .f 3. Business cannot be lawfully commenced without a quorum, nor can the proceedings go on, if at any time there be not a majority of mem- bers present. 4. A less number, of a permanent assembly, than a quorum may send for the absent members, or adjourn from time to time, till a quorum be ob- tained.;]; * Any assembly may make a rule that a smaller number than a ma- jority shall constitute a quorum. f No one should accept a public trust, unless there is a strong proba- bility that he will be able to serve his constituents, by giving the busi- ness committed to his charge his personal attention and support. J See Quorum, Sec. 3, Jeff. Man., page 150, this book. 23 Re. l.IIo. Reps. p. 67. Const U. S., .Art 1, Sec. 5, p. 11, this book. Re. 126, Ho. Rep. p. 101. Re. 65, Ho. Rep. p. 86. Re. 8, Sen. p. 226. THE QUESTION. Custom of Spkra Ho, Reps. Custom of Congress. 5. No member should be permanently absent, from the services of the assembly, unless he have leave, or be sick, or unable to attend. THE QUESTION. 1. WHEN a member offers any subject for the consideration of an assembly, his proposal is called a motion ; when the motion is stated by the presiding officer for acceptance or rejection, it is called a question ; when the question is adopted, it becomes the judgment and act of the assembly, and is called its resolution or law. 2. Whenever deliberation on any subject appears to be closed, the presiding officer should rise and say, " Is the assembly* ready for the ques- tion ?" And, after a momentary pause, unless in- terrupted, he proceeds to state the question, or calls on the secretary to read it,f and then takes the vote thereon. 3. Whenever it is reasonable to suppose that no objection will be made, the presiding officer may economize the time of the assembly, by dis- pensing with the formality of taking a vote, by saying, " If no objection be offered the report will be received." "The petition will be received." * Society, meeting, or convention, as the case may be. f It will often occur that the question can only be stated by the presid- ing officer. The presentation of petitions ; the reports of committees ; the call for the yeas and nays, &c., are examples of this kind. In these cases the question should be, " shall the petition, or the report be re- ceived?" "It is moved and seconded that the yeas and nays bo taken," &c. THE YEAS AND NAYS. " The secretary will read the paper." " The gen- tleman from , has leave to withdraw the mo- tion," &c. 4. In every instance of this kind, the consent of the assembly is taken for granted. If any one, immediately after a vote has been declared in this summary, but informal way, offers any objec- tion, the presiding officer should say, " The ques- tion has been objected to." It cannot be put unless regularly moved and seconded. 5. An intelligent and skilful officer will cause an assembly to dispatch, in a proper manner, more business in one day, than an indolent , or unin- formed one would accomplish in thrice the time. 6. In stating a question, the affirmative should always be put first. No member should vote who was not in the room at the time the question was put, but every one present then should vote, unless he has a direct personal or pecuniary interest in the question, or unless he is excused. THE YEAS AND NATS. 1. WHEN questions of great importance are before an assembly, the members should vote with the utmost care and deliberation. To secure wise legislation, and impress representatives with a due sense of responsibility to their constituents and to the Union, the framers of the CONSTITUTION of the United States, inserted a clause requiring both Houses of Congress to keep a record of the votes Customer Congress. Re. 4, He Reps. p. 67. Re. 40, Ho RepB. p. 78. Re. 42, Ho. Heps. p. 79. Const.. U. 8, Art. 1, THE YEAS AND NAYS. Re. 4, Ho. Heps. p. 67. of the members thereof, whenever desired by one- fifth of those present.* 2. This precaution was necessary, for in all the Parliamentary rules of England, which were generally adopted in the United States, no pro- vision of the kind exists. This is a feature too republican in character to suit monarchial legisla- tion, and it is a reason why CONGRESSIONAL rules should be followed instead of PARLIAMENTARY. 3. Whenever any member calls for the yeas and nays, the presiding officer says, " There is a call for the yeas and nays ; those in favor of the call will rise." If one-fifth of the membersf rise, he says, "The yeas and nays are required. As many as are of the opinion that, [stating the question,] will [when their names are called.] answer yea ; and as many as are of a contrary opinion, will answer nay." " The secretary will call the roll." 4. After the names of all the members have been called, the secretary reads first the names of those in the affirmative, and then those in the ne- gative, so that mistakes, if any, may be corrected. He then adds up the number on each side, and hands the result to the presiding officer. * The calling of the yeas and nays in the House of Representatives of the United States, occupies usually, when done in the most expedi- tious way, about one hour, and costs, at a moderate estimate, the Government five hundred dollars, on an average, every time the yeas and nays are called. Hence, it was judged best to fix the number as high as one-fifth of the members present. f Or whatever number may be prescribed by the by-laws. If less than the required number should rise, he says the motion is lost. A SYNOPSIS OF ENGLISH LEGISLATION. 269 A SYNOPSIS OF ENGLISH LEGISLATION. 1. PARLIAMENT is the Legislature of the United Kingdom of Great Britain and Ireland. It is com- posed of three branches, namely, the King or Queen, the House of Peers, and the House of Com- mons. 2. The kingly office is hereditary, and forms the executive* branch of the legislature. As head of the church, the king (or queen as the case may be) appoints all archbishops and bishops. All other titles of honor must also emanate from the crown. 3. The house of peersf is also hereditary, and is composed of the lords spiritual, consisting of two archbishops, twenty-four English bishops, and four Irish representative bishops, with the lords tempo- ralj consisting of twenty-four dukes, twenty mar- quises, one hundred and fourteen earls, twenty viscounts, two hundred and eleven barons, sixteen representative peers of Scotland, and twenty-eight representative peers of Ireland, making a total of four hundred and thirty-three. 4. The House of CoinmonsJ consists of two hundred and fifty-three representatives of counties, who are known as knights of shires, and are re- quired to have an annual income of two thousand six hundred and sixty-six dollars. There are also four * The corresponding office in the United States is the Presidential, f The corresponding house in the United States is the Senate. J The corresponding branch in the United States is the House of Representatives. ~ 23* 270 A SYNOPSIS OP ENGLISH LEGISLATION. hundred and five representatives from cities and boroughs, who are each required to have an annual income of at least thirteen hundred and thirty- three dollars. Those representing cities are known as citizens, and those from boroughs as burgesses. Total in the house of commons, six hundred and fifty-eight. 5. The privilege of voting is subject to various and intricate laws, owing to the position of the citizen, but in every case a voter must have his name registered in the place in which he resides. No one is permitted to vote who has less than two hundred dollars worth of real estate, or who doe? not pay rent for property worth at least eleven hundred dollars. 6. The king convokes parliament, and at the beginning of each session delivers to both houses an address,* stating the matters he wishes them to consider and act on, and until this is done neither house can proceed with any public business. 7. On the assembling of a new parliament the Lord Chancellor]- states that his majesty will, so soon as the members are sworn, declare the causes for calling this parliament. The House of Com- mons then proceed to elect their speaker, and all the members take the oath of office. 8. Before any business is undertaken prayers * Corresponding to the message of the President of the United States. j-Who presides over the House of Peers. A Parliament continues for seven years, unless sooner dissolved by the crown, i. e. the members of the House of Commons are elected for the term of seven years. The peers, of course, hold their office for life. A SYNOPSIS OP ENGLISH LEGISLATION. 271 are read ; in the house of lords by a bishop, and in the commons by their chaplain. The former usually meet at five o'clock in the afternoon, the latter at four. 9. Three members in the house of peers, and forty in the house of commons, make a quorum for the transaction of public business. When any question arises on which a difference of opinion is expressed, those in affirmative in the house of lords answer content, and those in the negative non content. In the house of commons the answer is aye and no. 10. When the presiding officer cannot decide by the voices, which party has the majority, or when his decision is questioned, a division takes place. In the house of lords the contents or the non-contents, as the case may be, pass to the out- side of the bar, leaving the other party'in the house. 11. A similar practice prevailed in the house of commons up to 1836. Since that time a new plan has been adopted which gives better satisfac- tion, because the party remaining in the house had an advantage in securing the votes of the " inattentive, the indifferent, and the indolent." 12. There are two small halls at each end of the house ; on a division the main room is entirely cleared, one party being sent to each hall. Two clerks are stationed at each of the entrances to the main hall, holding lists of the members in alpha- betical order, printed on large sheets of paste-board, j to avoid the delay of turning over pages. See Jeff. JVL, last clause, p. 179, Uiii book. 272 A SYNOPSIS OP ENGLISH LEGISLATION. 13. While the members are passing into the house again, the clerks place a mark against the names of each, and the tellers count the number. These sheets are sent to the printer, who sets up the marked names in their order ; and the division lists are then printed the following morning, to- gether with the votes and proceedings of the house. 14. When matters of great interest are to be debated in the house of peers, the lords are sum- moned. In the house of commons an order is made that the roll be called, and the absent mem- bers are ordered to attend on a certain day. 15. A peer has the right to make another lord of parliament his proxy, to vote for him in his ab- sence, in all cases except in committee, or in the trial of another peer. He is also entitled, when a question is decided contrary to his sentiments, to record his opinion, and the reasons of it, by a pro- test in the journals, together with the names of all the peers who concur therein. 16. All proposed laws must be introduced to the notice of parliament in the shape of bills which may originate in either house, unless they are for granting supplies, or unless they directly or indi- rectly involve the levying or appropriation of some tax, in which cases they must originate in the house of commons.* * See corresponding rule of the government of the United States, Sec. 7, page 14. NATURALIZATION. 273 NATURALIZATION. 1. THE laws of Congress on the subject of natu- ralization have been frequently changed. The act of 1790 required only two years' previous residence. In 1795, the period was enlarged to five; and in 1798, to fourteen; but in 1802, it was reduced back to five years, and this act is still unaltered. 2. Foreigners, who move to this country, with the intention of making it their permanent resi- dence, have many inducements to become citizens, since they are unable as aliens, to possess a per- manent freehold interest in land, and are precluded from voting at the elections, or holding any civil office, or taking any active part in the administra- tion of the government. 3. Any white foreigner may obtain the privi- leges of a natural born citizen, by declaring, on oath, before any State court of record, having common law jurisdiction* and a clerk ; or before any cir- cuit, or district court of the United States, or be- fore a clerk of either, two years, at least, before his admission, his intention to become a citizen, and to renounce his native allegiance. 4. At the time of his admission, his country must be at peace with the United States, and he must, before one of the aforenamed courts, take an * The following is the form of the declaration : I, A B , do declare on oath, that it is bond fide, [i. e. in good faith, or in reality] my intention to become a citizen of the United States, and to renounce forever, all allegiance and fidelity to all and every foreign prince, po- tentate, state, and sovereignty whatever, and particularly to the king of , of whom I was a subject. S ===== Foreigners naturalized. See Acts f , Cong. 14th April, 1802, ch. 28. The 3d of March.1813, :h. 184. And 22d of March,1816, ch.32. See Acts of Con.26 May, 1824,ch.l86, and 24 May, 1828,chJLlft. 274 NATURALIZATION. oath* to support the constitution of the United States, and likewise an oathf to renounce and ab- jure his native allegiance. He must, at the time of his admission, satisfy the court, that he has re- sided five years at least, within the United States, and one year at least in the State where the court is held, and he must satisfy the judges that during that time, he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness thereof. J * The following is the form : I, A B , do solemnly swear that I will support the constitution of the United States of America. j- I, A B , do absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, State, or sovereignty whatever, and particularly to King of , of whom I was subject. A B . Sworn in open court, the day of , 1852, before me. L W , Judge. J The children of Persons duly naturalized, being minors at that time, shall, if dwelling in the United States, be deemed citizens. The following is the form of a certificate of citizenship : UNITED STATES OF AMERICA, 1 State of , County of . / Be it remembered, that on the day of , in the year of our Lord one thousand eight hundred and fifty , A B ap- peared in the court, [which is a court of record having common law ju- risdiction and a clerk and seal] and applied to the court aforesaid, to be admitted to citizenship of the United States of America, pursuant to the several acts of Congress for that purpose made and provided ; and the said applicant having thereupon produced to the court such evidence, made such declaration and renunciation, and taken such oaths as are by the said acts required ; thereupon it was ordered by the said court, that the said applicant be admitted, and he was accordingly ad- mitted by the said court to be a citizen of the United States of America. In testimony whereof, the seal of the said court is hereunto affixed this day of , A. D. 185-, and in the year of our Independence. By order of the court, S T , Clerk. [Seal of the court] SYNOPSIS OF PEOCEEDINGS IN ELECTIONS. 275 A SYNOPSIS OF PROCEEDINGS IN ELECTIONS. 1. As a general rule, all elections by the peo- ple should be held between the hours of nine A. M., and six P. M. There are usually three per- sons appointed to receive the tickets and see that none are illegally cast, or that none but those qualified, vote. These persons are known in dif- ferent States by different titles. They are usually called inspectors or judges of the election. It is their duty to have a position that will enable them best to receive the tickets of the voters, and over or near the window, door, or place, at which the tickets are received, should be printed or written in legible characters, the name of the town, township, or ward. 2. Every person claiming the right to vote at any election should, if required by the inspectors or judges, prove that he is a natural born citizen of the United States ; or that having been an alien, he has been naturalized conformably to the laws of the United States. The only evidence required is the certificate of naturalization, under the seal of the court where his admission to citi- zenship took place. The names of all voters should [whenever circumstances will allow it] be regis- tered in alphabetical order by the collector of taxes or some other officer, and be ased as refer- ence, when necessary, by the inspectors or judges. 3. Every voter may deliver either written or printed tickets, but each ticket should be on a sepa- 276 SYNOPSIS OF PROCEEDINGS IN ELECTIONS. rate piece of paper. Each inspector or judge, on receiving the ticket of a voter, should call out aloud his name, which should be entered by the clerk on a separate list, and the judge may insert the letter V opposite the name, in the regular al- phabetical list. Tickets should be delivered per- sonally by the voter, and ought never to be re- ceived by any other person, and should be imme- diately deposited in the ballot box, and there re- main till the polls are closed. When the polls shall be closed, the box, or boxes, as the case may be, should be opened and the inspectors should take out the tickets and read aloud the name or names of the candidates written or printed thereon, and the clerk, or clerks, should carefully enter, as read, each ticket as it is taken from the box, and keep an account of the same on papers prepared for the purpose, so that the number of votes for each candidate tallied thereon, may be readily known. 4. It is customary when more names are printed on a ticket than the law allows, or when two or more tickets have been improperly folded together to reject them entirely. But no ticket ought to be rejected which contains less than the required number of names. After the votes shall be counted, they should be returned to the ballot box, which ought to to be bound round tight with tape and sealed by the judges of the election. The box with all the lists, tally papers, &c., should then be delivered to the nearest justice of the SYNOPSIS OP PROCEEDINGS IN ELECTIONS. 277 peace, who should safely keep the same, for the proper tribunal in case of a contested election. 5. It is then the duty of the judges to trans- mit within three days, the results of the election under seal to the clerk of the county court. 6. After the votes given for any office shall have been read off and counted, the presiding judge, i. e., the one first named in the order of the appointment, should publicly declare the number of votes given for each candidate, and then the judges should make out a certificate under their hands and seal, and set forth the number of votes given for each of the several candidates.* * A FORM OF ELECTION RETURNS. At an election held on Wednesday, the day of , Anno Domini one thousand eight hundred and fifty , at the Hall, in the town of , in the county of , being the election dis- trict in the county aforesaid, on closing the polls it appeared that the votes were cast for the following persons : FOB GOVERNOR. James , had five hundred and eighty-six votes, ... 586 Joseph , had two hundred and ninety-one votes, . . 291 FOR REPRESENTATIVES IN CONGRESS. Wm. C ' , had five hundred and sixty votes, .... 660 John , had three hundred and seventeen votes, . . . 317 FOR STATE SENATOR. Aaron , had five hundred and ninety -seven votes, ... 697 Amos B , had two hundred and eighty-four votes, . . 284 FOR HOUSE OF REPRESENTATIVES. Stephen , had five hundred and eighty-five votes, . - ' . 685 Joshua L , had two hundred and eighty-nine votes, . . 289 Scattering, three votes, . . ^ . 3 And so on for town clerk, select men, or whatever may be the title of the officer. In testimony whereof, we, the judges of the election for the said dis- trict, have hereunto set our hands and seals this day of , A. D. 185. THOMAS W. W . [SEAI.] HIRAM . [SKAL.] BENJ. B . [SEAL] 278 SYNOPSIS OF PROCEEDINGS IN ELECTIONS 7. It is usually the duty of the presiding judge of each election district, to take charge of the cer- tificates aforenamed, and to produce the same at a general meeting of all the presiding judges of each election district of the county, at the court house the third day after the election [or in case the third occur on Sunday, the fourth day.] These judges, when assembled, should elect some one of their number as chairman, and also two suitable persons as clerks, who with the. judges, are usually sworn to perform the duties of their office with honesty and fidelity. 8. After the meeting is thus organized, the representative judges from each election district, should deliver the certificates of election of their respective districts to the president of the meeting, who should cause the clerks to add the number of votes which shall appear, by said certificates, to have been given for any candidate or candidates, in respect to each office. It is then the duty of the clerks to make out duplicate returns, which should be signed by all the judges present. The returns for governor and State senator, are gene- rally directed to the State Senate;* a represen- * The following is the usual form : To the Hon. the Senate of the State of The undersigned, judges of the election held in the several districts of the county of , on the inst., A. B., one of the judges of the first district ; C. D., one of the judges of the second district, and so on [one judge from each district according to the number of districts in the county] being assembled at the court house of the county afore- said, and having carefully examined the returns of the several dis- tricts, and enumerated and added the votes therein contained, do cer- SYNOPSIS OF PROCEEDINGS JN ELECTIONS. 279 tative in Congress, to the Governor ;* and a State representative, to the House of Representatives. It may be remarked that each State has its par- ticular laws in reference to the qualifications of voters, and its peculiar manner of conducting elec- tions, but the above forms, so far as they go, are adopted by most of the States in the Union. tify that at the said election, the votes for governor appeared as fol- lows, viz : For Wm. II , five thousand votes - 5,000 For C , four thousand six hundred votes, . . 4,600 In testimony whereof, we have hereunto set our hands and seal, &c. * Whose duty it is to give the representative his credentials to the House of Representatives of the United States. Table I. exhibiting the Seats of Government, the Times of the Election of State Officers, and the Meeting of the Legislatures of Each State. States. Seats of Government. Times of Holding Elections. Times of the Meeting of the Legislatures. Maine, Augusta, 2d Monday in September, 2d Wednesday in Jan. N. H., Concord, 2d Tuesday in March, 1st Wednesday in June. Vt., Montpelier, 1st Tuesday in Sept., 2d Thursday in Oct. Mass., Boston, 2d Monday in November, 1st Wednesday in Jan. E. L, Conn., Prv. & Newp't Hart. & N. H. 1st Wednesday in April, 1st Monday in April, IstTu.inMay.lastM.Oc. 1st Wednesday in May. N.Y., Albany, Tu. after 1st Mon. in Nov. 1st Tuesday inJanuary. N. J., Trenton, Tu. after 1st Mon. in Nov. 2d Tuesday in January. Pa., Harrisburg, 2d Tuesday in October, IstTuesdayin January. Del., Dover, 2d Tuesday in Nov., 1st Tues.in Jan.,5ienn.* Md., Annapolis, 1st Wednesday in Nov., 1st Wed. in Jan., bienn. Va., Richmond, 4th Thursday in April, 1st Mon. in Dec., bienn. N. C., Raleigh, 1st Thursday in August, 3d Mon. in Nov., bienn. S. C., Columbia, 2d Monday in October, 4th Monday in Nov. Ga., Milledgeville, 1st Monday in October, 1st Mon. in Nov., bienn. Fla., Tallahassee, 1st Monday in October, 1st Mon. in Nov., bienn. Ala., Montgomery, 1st Monday in August, 2d Mon. in Nov., bienn. Miss., Jackson, 1st Mon. and Tu. in Nov., 1st Mon. in Jan., bienn. La., Baton Rouge, 1st Monday in November, 3d Mon. in Jan., bienn. Texas, Austin, 1st Monday in August, December, bienn. Ark., Little Rock, 1st Monday in August, 1st Mon. in Nov., bienn. Mo., Jefferson City, 1st Monday in August, Last Mon.in Dec.,6ienra. Iowa, Iowa City, 1st Monday in August, 1st Mon. in Dec., bienn. Tenn., Nashville, 1st Thursday in August, 1st Mon. in Oct., bienn. Ky., Frankfort, 1st Monday in August, 1st Monday in Dec. Ohio, Columbus, 2d Tuesday in October, 1st Mon, in Jan., bienn. Ind., Indianapolis, 1st Monday in August, Th. af . IstMon.in Jan. , bi. 111.,- Springfield, Tu. after 1st Mon. in Nov. 2d Mon. in Jan., bienn. Wis., Madison, Tu. after 1st Mon. in Nov. 1st Monday in January. Mich., Lansing, 1st Tuesday in November, 1st Monday in January. Cal., San Jose", Tu. after 1st Mon. in Nov. 1st Monday in January. * Biennially, that is, every other year, or once in two years. (280) TABLE II. Poputet'n of cities over 9000 in the U. S., with their decennial increase per ct. from 1830 to 1830. Pop. of 1830. Pop. of 1840. Ratio of increase. Pop. Of 1840. Pop. of 1S50. Katlo of increase. 2,867 8,627 200.9 8,627 14,432 67.28 Portland 12,598 15,218 20.79 15,218 20,815 ' 36.77 3,980 5,314 33.51 6,314 8,225 54.77 Bath 3,773 5,141 36.25 6,141 8,020 56. Manchester (N. Jl.) Boston (Mass.) 877 61,392 3,235 93,383 268.87 52.1 3,235 93,383 13,932 136,871 330.67 46.56 6,474 20,796 221.22 20,796 33.383 60.52 13,895 15,082 8.54 15,082 20,264 34.35 6,247 9,089 73.22 9,089 18.364 102.04 8,783 11,484 30.75 11,484 17,216 49.91 4,173 7,497 79.65 7,497 17,049 127.41 New Bedford 7,592 12,087 59.2 12,087 16,443 36.03 6.072 8,409 38.48 8,409 15,215 80.93 6,138 9,367 62.6 9,367 14,257 52.2 . 6,784 10,985 61.92 10,985 11,766 7.1 6,042 7,645 26.53 7,645 10,441 36.57 Providence (R. I.) New Haven (Conn.) 16,833 10,678 5,161 23,171 12,960 7,239 37.65 21.37 40.26 23,171 12,960 7,239 41,512 20,345 10,265 79.15 66.98 41.8 Hartford 7,074 9.468 33.84 9,468 13,555 43.16 New York city (N.Y.)... 197,112 15,394 312,710 36,233 68.64 35.37 312,710 3G.233 515,507 96,838 64.8") 167.23 24,209 33,721 39.29 33.721 50,763 50.53 Buffalo 8,668 18,213 110.11 18,213 42.261 132.03 9,207 20,191 119.3 20,191 36,403 80.29 1,117 6,094 356.04 5,094 30,780 604.24 Xroy 11,556 19,334 67.3 19,334 28,785 48.88 2,565 6,500 153.4 6,500 22,271 242.6 Utica 8,323 12,782 53.57 12,782 17,565 37.41 7,222 10,006 38.54 10,006 13,944 39.35 3.823 9,125 138.68 -9,125 12,323 35.04 2,703 4,665 72.58 4,665 12,205 161.62 6,424 8,933 39.05 8,933 11,415 27.78 4,170 6,824 39.66 5,824 10,233 75.7 Newark (N. J.) 10,953 17,290 67.85 17.290 38,894 124.95 7,596 7,596 11.338 49.26 7.831 8,663 10.62 8,663 13,387 64.53 Phila. city and co. (Pa,) 188,797 12,568 258,037 21,115 36.67 68. 258,037 21,115 408,762 46,601 58.41 | 120.7 2,801 10,089 260.19 10,089 21,261 110.73 5,856 8,410 43.61 8,410 15,748 87.25 7,704 8,417 9.25 8,417 12,365 46.9 Wilmington (Del.) Baltimore (Md.) 6,628 80,620 8,367 102,313 26. 26.9 8,367 102,313 13,979 169,054 67.7 65.23 AVnshington (D. C.) Richmond (Va.) 18,826 6,055 23,364 20,153 24.1 232.83 23,364 20,153 40,001 27,482 71.2 36.36 Norfolk 9,814 10,920 11.26 10,920 14.326 31.19 8,322 11,136 33.81 11,136 14,010 25.8 5,276 7,885 49.45 7,885 11,391 44.46 Charleston (S C) 80,289 2Q261 dec 3 39 29,261 42,985 46.9 Savannah (Ga.)... Mobile (Ala.) 7.302 3,194 11.214 12,672 53.57 296.74 11,214 12,672 16,060 20,513 43.21 61.87 New Orleans (La.) 49,826 102,193 3,207 105.09 102,193 3,207 119,461 14,1UO 16.89 342.46 2,026 2,026 8,839 336.27 5,566 6,929 2448 6,929 10,478 61.21 Louisville (Ky.) 10,341 21,210 1051 21,210 43,196 103.65 Cincinnati (Ohio) 24,831 46,338 8661 46,338 115,436 149.11 2,435 6048 14837 6,048 17,883 195.68 1 076 6071 46421 6,071 17,034 180.57 2,960 6,067 105.66 6,067 10,977 80.92 Madison (Ind.) 2,500 3,798 51. 3,798 8,005 110.76 Chicago (111.) Detroit (Mich.) None 2,222 4.470 9,102 309.63 4,470 9,102 29.963 21.019 570.31 130.92 St. Louis (Mo.) 4,977 16,469 230.9 16,469 77,860 872.76 Milwaukee (Wis.) (\ _ 1,712 1,712 20,061 1071.78 24 281 284 STATISTICAL TABLES. TABLE IV. Exhibiting the Agricultural Productions, Value of to the Census of 1850. [Ratio of representation, one for every STATES. Acres of land im- proved. Value of farming implements, Sic. Value of live stock. Bushels of wheat. Maine N. H. ..... Vermont.. Mass 2,019,593 2,251,388 2,322,923 2,127,924 337,672 1,734,277 12,285,077 1,770,337 8,619,631 524,364 2,797,905 17,083 10,150,106 5,443,137 4,074,855 6,323,426 349,423 4,387,088 3,489,640 1,567,998 635,913 780,333 5,087,057 6,068,633 9,730,650 1,923,582 5,019,822 5,114,041 2,911,422 814,173 1,011,308 34,312 5,035 135,357 15,219 161,296 $2,363,517 2,314,125 2,774,959 3,173,809 473,385 2,043,026 22,217,563 4,267,124 14,931,993 471,385 2,463,443 40,220 7,021,658 4,056,006 4,143,709 5,901,050 675,885 5,066,814 5,759,738 11,326,310 2,095,308 1,594,941 5,351,178 5,388,092 12,716,153 2,764,171 6,748,722 6,349,826 3,977,449 1,202,978 1,701,047 88,593 15,981 183,403 78,495 78,217 $9,831,488 8,871,901 11,292,748 9,619,964 1,466,636 7,353,996 74,672,356 10,678,264 42,146,711 1,718,386 7,997,634 71,573 33,607,952 17,837,108 15,060,015 25,727,408 2,945,668 31,558,686 19,303,593 10,983,508 10,263,086 6,728,254 29,134,193 29,898,386 43,276,187 8,005,429 22,398,965 24,817,954 19,764,672 3,602,769 4,594,717 3,456,725 103,859 1,875,989 533,951 1,504,497 367,980 185,658 493,666 29,784 39 40,167 13,073,357 1,508,216 15,482,191 466,784 4,494,680 17,370 14,516,950 2,147^899 1,066,278 1,085,784 1,225 292,429 215,181 84 42,448 193,902 1,638,470 2,184,763 14,967,056 4,918,706 6,625,474 9,433,965 2,943,840 1,442,074 4,292,208 98,282 3,422 228,882 103,441 196,575 R I Conn N. York... N. Jersey Penn'a.... Delaware Maryland I), of C.... Virginia... N. Ca S. Ca Georgia . . . Florida ... Alabama.. Miss Louisiana Texas Arkansas . Tennessee Kentucky Ohio Michigan . Indiana... Illinois Missouri... Iowa Wisconsin California. Minnesota Oregon Utah N. Mex... Total... 112,042,000 151,820,273 552,705,238 104,799,230 STATISTICAL TABLES. 285 Stock, and tlie Representatives in Congress, of each State, according 93,716 inhabitants.] so Buibeli of Indian Wool, poundi of. Flaxsred, buihels of. Maple lugar, pounds Hay, tons of. I 1,741,715 1,366,866 362 87,541 794,780 6 1,573,670 1,108,476 94 1,292,429 598,854 3 1,625,776 3,492,087 307 5,159,641 763,579 3 2,326,167 576,736 72 768,596 645,749 11 516,133 111,937 None. None. 73,353 2 1,996,462 512,529 9,775 37,781 499,706 4 17,844,808 10,021,507 53,824 10,310,764 3,714,734 33 8,605,396 375,932 12,353 5,886 429,119 5 19,707,702 4,784,367 43,627 2,218,644 1,826,265 25 2,888,896 52,887 838 None. 30,159 1 11,104,631 477,438 2,816 47,740 145,070 6 65,280 None. None. None. 1,974 35,538,582 2,850,909 53,333 1,223,905 370,177 13 28,286,999 915,289 38,183 27,448 145,180 8 16,272,308 487,243 11 200 25,427 5 30,428,540 988,802 585 50 23,427 8 . 1,993,462 23,235 None. None. 2,620 1 28,485,966 637,829 54 473 31,801 7 21,836,154 556,057 21 110 12,517 5 10,915,051 105,393 None. 260 20,672 4 5,796,735 122,118 16 None. 8,327 2 8,857,296 181,427 695 8,825 3,924 2 52,137,863 1,340,833 19,405 159,647 72,942 10 58,922,788 2,246,168 80,458 388,525 115,296 10 59,788,750 10,089,607 185,598 4,521,643 1,360,636 21 5,620,215 2,047,364 1,186 2,423,897 394,717 2 52,887,564 2,502,763 35,803 2,921,638 402,791 11 57,179,283 2,129,139 11,873 246,078 586,011 9 35,709,042 1,635,182 13,439 171,943 116,284 7 8,475,027 363,398 2,182 70,680 84,598 2 1,983,378 243,065 834 661,969 295,927 3 90,082 4,800 None. None. 2,038 2 16,665 260 2,950 2,069 2,928 29,596 None. 373 9,144 8,897 5 4,288 355,795 32,641 None. None. 591,586,053 52,422,797 567,749 32,759,263 13,605,384 233 ! 282 STATISTICAL TABLES. TABLE III. Exhibiting the number of Dwellings, Families, White Males, Slaves, Deaths, Farms, Manufacturing Establishments, Federal He- STATES. DweUings. i Jbmtties. White, mates. White females. Colored Males. Oolored Kmaley. Maine, 95,797 103,787 296,635 285,128 705 620 N. H. 57,389 62,287 155,902 161,487 243 232 Vt. 56,327 58,475 159,374 153,528 366 343 Mass. 152,835 192,679 484,284 501,420 4,314 4,481 R I. 22,379 28,216 70,417 73,583 1,660 1,884 Conn. 64,013 73,448 180,001 183,304 3,749 3,737 N. Y. 473,956 566,862 1,545,052 1,504,405 22,998 24,939 N. J. 81,064 89,080 233,746 232,494 11,542 11,551 Pa. 386,292 408,421 1,142,803 1,115,600 25,057 28,266 Del. 15,209 15,439 35,771 35,518 8,989 8,968 Md. 81,708 87,384 211,49o- 207,095 34,914 39,163 D. of C. 7,917 8,292 18,548 19,479 4,210 5,763 Va. 165,797 167,512 451,510 443,726 25,843 27,986 N. C. 105,542 106,023 272,789 280,506 13,226 13,970 s. c. 52,642 52,937 137,773 136,850 4,110 4,790 Ga. 91,011 91,471 266,096 255,342 1,368 1,512 Florida, 9,022 9,107 25,674 21,493 420 505 Ala. 73,070 73,786 219,728 206,779 1,047 1,225 Miss.* 77,699 78,103 145,775 145,761 491 4U7 La. 49,101 54,112 141,059 114,357 7,598 9,939 Texas, 27,998 28,377 84,863 69,237 171 160 Ark. 28,252 28,416 85,699 76,369 318 271 Tenn. 129,420 130,005 382,270 37,427 3,072 3,191 Ky- 130,769 132,920 392,840 368,848 4,771 4,965 Ohio, 336,098 348, 52;^ 1,004,111 951,997 12,239 12,061 Indiana, 170,185 171,564 506,400 471,205 5,472 5,316 Illinois, 146,544 149,153 445,644 400,460 2,756 2,610 Mo. 96,849 100,890 312,986 279,091 1,338 1,206 Iowa, 32,962 33,517 100,885 90,994 168 167 Wis. 56,117 57,319 163,806 139,794 365 261 Mich. 71,616 72,611 208,471 186,626 1,412 1,145 Cal* 25,000 47,987 158,000 41,000 800 200 Min. T. 1,102 1,016 3,695 2,343 21 18 N. Mex. 13,453 13,502 31,706 29,782 14 3 U. T.* 2,000 3,000 16,000 8,500 300 200 Or. 2,374 2,374 8,142 4,945 119 87 * Estimated. The returns at the Census Office being incomplete. The above tables script at the Census Bureau, and are probably published six or eight months in ad- STATISTICAL TABLES. 283 White Females, Colored Males, Colored Females, Total Free Population, oresentative Population, Total Population. Total Free Population. Slaves. Deaths. Farms. Manuf. Estab. Federal Sep. Population. Total Pop. 583,088 000,000 7,545 46,760 1,682 583,088 583,088 317,864 000,000 4,268 29,2'29 3,301 317,864 317,864 313,611 000,000 3,130 29,687 1,835 313,611 313,611 994,499 000,000 19,414 34,235 9,637 994,499 994,499 147,544 000,000 2,241 5,385 1,144 147,544 147,544 370,791 000,000 5,781 22,445 3,913 370,791 370,791 3,097,394 000,000 44,339 170,621 23,823 3,097,394 3,097,394 489,333 222 6,467 23,905 4,374 489,466 489,555 2,311,786 000,000 28,318 127,577 22,036 2,311,786 2,311,786 89,246 2,289 1,209 6,063 513 90,619 89,246 492,667 90,368 9,594 21,860 3,863 546,887 583,035 48,000 3,687 846 264 427 No Delegate. 51,687 949,065 472,461 19,053 77,013 4,433 1,234,541 1,421,526 580,491 288,412 10,207 56,916 2,523 753,538 868,903 293,523 384,984 7,997 29,969 1,473 514,513 668,507 524,318 381,681 9,920 51,759 1,407 753,326 ' 905,999 48,092 39,309 933 4,304 121 76,947 87,401 428,779 342,892 9,804 41,964 1,022 634,514 771,671 282,434 300,419 10,016 27,897 1,389 472,685 592,853 272,953 239,021 11,948 13,424 1,021 416,365 511,974 154,431 58,161 3,046 12,198 307 189,327 212,592 162,657 46,982 2,987 17,758 271 190,846 209,639 763,164 239,461 11,759 72,710 2,789 906,840 992,625 771,424 210,981 15,206 74,777 3,471 898,012 982,405 1,980,408 000,000 28,949 143,887 10,550 1,980,408 1,980,408 988,*416 000,000 12,728 93,865 4,326 988,416 988,416 851,470 000,000 11,619 76,208 3,099 851,470 851,470 594,621 87,422 12,211 54,458 3,030 647,074 672,043 192,214 000,000 2,044 14,085 482 192,214 192,214 304,226 000,000 2,884 20,177 1,273 304,226 304,226 397,654 000,000 4,520 34,089 1,979 397,654 397,654 200,000 000,000 15,000 3,000 50 200,000 200,000 6,077 000,000 30 157 5 6,077 6,077 61,505 000,000 1,157 3,750 20 61,505 61,505 25,000 500 1,000 4,000 30 25,300 25,500 13,293 000,000 47 1,164 51 13,293 13,293 have cost much labor and expense. They hare been copied from the original manu- vnnce of the Government. 286 STATISTICAL TABLES. TABLE V. Exhibiting the Agricultural Productions, Number of Deaths, &c., according to the Census of 1850. STATES. Butter, pounds of. Cheese, pounds of. Gallons of wine. No. of deaths. Ratio to the living. Maine N. H Vermont.. Mass 8,488,234 6,977,056 12,128,095 7,825,337 1,066,625 6,620,579 82,043,823 9,070,710 40,554,741 1,034,867 4,206,160 14,869 11,126,795 4,144,258 2,979,975 4,640,074 375,853 3,961,592 4,388,112 685,136 2,319,574 1,854,104 8,130,686 10,115,267 34,180,458 7,043,794 12,748,186 12,605,554 7,762,124 1,933,128 888,816 705 1,100 211,734 74,064 101 2,201,105 3,196,563 6,755,006 7,124,461 296,748 4,512,019 49,785,905 500,819 2,395,279 3,187 3,925 None. 434,850 95,043 4,810 46,391 18,324 30,423 20,314 1,148 92,018 28,440 179,577 228,744 21,350,478 1,Q12,551 #66,986 1,283,758 201,597 198,444 440,961 150 None. 36,030 32,646 5,887 306 35 140 4,122 842 3,346 6,483 517 23,839 85 2,099 863 4,280 10,801 3,680 664 10 14 301 None. 94 10 204 4,202 44,834 1,443 13,004 2,343 10,193 420 68 None. tt (i (C 2,053 7,545 4,268 3,132 19,414 2,241 5,781 44,339 6,467 28,318 1,209 9,594 846 19,053 10,207 7,997 9,920 933 9,084 8,711 11,948 3,046 2,987 11,759 15,206 28,949 4,520 12,728 11,619 12,211 2,044 2,884 Unkn. 30 47 289 1,157 77.29 74.49 100.13 51.23 65.83 64.13 69.85 75.70 81.63 75.71 60.77 61.09 74.61 85.12 83.59 91.33 93.67 84.94 69.63 42.85 69.79 70.18 85.34 64.60 68.41 88.19 77.65 73.28 55.81 94.03 105.82 Unkn. 202.56 282.82 47.61 N*3.15 R. I Conn N. York... N. Jersey Penn'a.... Delaware Maryland D.of C.... Virginia... N. Ca S. Ca Georgia . . . Florida ... Alabama.. Miss Louisiana Texas Arkansas . Tennessee Kentucky Ohio Michigan . Indiana . . . Illinois Missouri... Iowa Wisconsin California. Minnesota Oregon.... Utah N. Mex... Total... 312,202,286 103,184,585 141,295 ! STATISTICAL TABLES. 287 TABLE VI. Official Synopsis of the Census of Great Britain. [Taken March 3lst, 1851.] England and Wales Scotland HOUSES. POPULATION. Inhabited. Uninhabited. Building. Males. Females. Total. 3,280,961 366,650 21,826 152,898 11,956 1,077 26,534 2,378 202 8,762,588 1,363,622 6,651 9,160,180 1,507,162 76,405 17,922.768 2,870,784 142,916 Isles in British seas ToUl 3,669,437 1,047,739 IJS&j&O 281,900 165,931 65,159 52,208 12,951t 29,114 2,113 3,313 1,200 10,192,721 3,176,727 4,019,576 842,849 10,743,747 3,339,067 4,155,548 MH.4M 20,936,468* 6,515,794 8,176,727 1,660,933 Ireland (1851) " (1841) Decrease in 10 y'rs POPULATION AT VARIOUS PERIODS. *-****. Scotl'd \ and Wales j 1801 '1811 1821 1831 1841 1851 10,667,893 12,047,455 1,479,562 14 14,180,351 2,132,896 18 16,364,893 2,184,542 15 18,658,372 2,260,749 14 20,936,468 2,227,438 12 Per ok for 10 years POPULATION OF THE UNITED STATES AT SIMILAR PERIODS. 1790 1800 1810 1820 1830 1840 3,929,827 5,305,940 7,239,814 9,638,191 12,866,020 17,068,666 Inc. per ct > in 10 years j 35 36J 33 33^ 32 THE PROMINENT POWERS OF EUROPE CONTRASTED. Or. Brit. 4 Irel'd France Russia , Austria Turkey Spain Population. 27.452,262 36,000.000 70.000,000 12,500,000 13,000,000 to 129.< 100 265,000 700.000 500,000 220,000 160,000 Debt.) $3,333,333,333 886,666,666 733,333,333 266,666,666 Taxes paid to support army, &c. Yearly incom of all the people. 250,000,000 2,750,000,000 335,000.000 1,600,000,000 550,000,000 500,000,000 75,000,000 400,000,000 Unknown AT. tax for each person, 3 it 6 30 * Persons in the army, the navy, and the merchant vessels, and out of the country when the census was taken, 167,604. + Increase of uninhabited houses. J The whole debt of all the powers of Europe is about ten billions of dollars, (which has been incurred to sustain the wars of kings and emperors.) This gives an ave- rage, for each family of five persons, of nearly $200. [See page 312.] The amounts in this column go to the annual support of the army and government, and not to pay the national debt. The Englishman pays an annual tax to support the army, &c., to the amount of one eleventh of all his income; while the Frenchman, for thr tame purposes, pay> one-fifth. The yearly income from the productive industry of the 36,000,000 of people in France is but little more than half that nf the 27,000,000 in Great Britain. In England there are 630,721 voters; in Wales, 37,924; Scotland, 72,720; and in Ireland, 98,006. In France there are only 250,000 voters. In England, one Erson oat of every 26 is a voter ; in Wales, I to 23 ; in Scotland, 1 to 38 ; and in Ireland, I to 81. IB ance, there la only 1 voter to 137 personi. In the United States, there is 1 voter to 7 persona. 288 AMENDMENTS. See Jeff. Man. p. 17 this book. 9. When an amendment to an amendment is adopted by an assembly, it is in order further to move to amend the proposed amendment as it stands in its new form. In this way any pro- posed amendment may be amended so long as an assembly deem it capable of being improved, or, in other words, for an indefinite number of times ; 10. But no motion to amend is in order during the pending of the question to amend an amend- ment to an amendment, and the adoption of the first amendment either with or without amend- ment, precludes, at once, all further consideration of it, at that stage of the bill. APPENDIX. APPENDIX* Brief directions to youth, and those inexperienced, who wish to establish and conduct properly Literary and Debating Societies. When you intend to write or speak on any subject, endeavor to obtain all possible information pertaining to the same, both by reading and inquiry, and strive to keep in mind the five following rules for THINKING THEREON: 1. Endeavor to reason clearly and concisely on each part of the sub- ject, and all matters pertaining thereto. 2. Think connectedly of each part with reference to the whole subject. 3. View all the parts of the subject in their most extensive and varied applications. 4. Examine the subject in all its relations and bearings with other subjects of a similar nature. 6. Arrange all your thoughts on the subject in a proper method, and a just order, so that others may easily understand and remember your observations. The following RULES OF METHOD, in arranging a composition, will be found useful to the young or inexperienced. 1. " Use great care and caution in laying the foundations of a dis- course, and carefully digest your thoughts upon the subject. 2. Let your primary and fundamental propositions be not only evi- dent and true, but make them familiar to your mind. 3. Draw up all your propositions and arguments with much caution, and express your ideas with exact limitation, so as to preclude objec- tions. 4. Begin with those things which are best known, and most obvious, and proceed by regular and easy steps to things that are more difficult, so that your auditors or readers may attend without fatigue. 5. Do not crowd too many thoughts and reasonings into one sentence or paragraph, so as to exceed the capacity of those you address. 6. Avoid too many subdivisions; yet divide every complicated theme into its distinct parts, as far as the nature of the subject and your de- sign require. 7. Arrange every idea, proposition, and argument in its proper class, and keep each part of the subject in its own place. * This Appendix contains an outline for assisting youth, and those inexperienced, in conducting discussions and preparing lectures. METHOD, ARGUMENTS, AND RHETORICAL ARRANGEMENT. 8. Never prove those things which need no proof, and do not suffer every occasional and incidental thought to induce you to digress or wander from the subject." METHOD is Analytical or Synthetical : 1. " The Analytical method resolves the compound into its principles, and the whole into its parts. 2. The Synthetical method begins with the parts and leads to a whole, or it puts together the principles and forms a compound. All Arguments are termed either metaphysical, physical, political, moral, mechanical, or theological, according to the science or subject from which they are drawn. The Argumentum ad judicium is an appeal to the common sense of mankind. The Argumentum ad fidem is an appeal to our faith. The Argumentum ad hominem is nn appeal to the practices or pro- fessed principles of our opponent. The Argumentum ad populum is nn appeal to the people. The Argumentum ex concesso is when something is proved by means of another proposition previously conceded. The Argumentum ad passiones is an appeal to the passions." RHETORICAL ARRANGEMENT. THE arguments of every discourse, or oration, or composition, should be properly classified and arranged. The parts of a discourse are sometimes five, and sometimes six, viz. the Exordium, the Narration, the Proposition, the Confirmation, the Refutation,* and the Peroration. 1. The Exordium. In the Exordium, or beginning of a discourse, the writer or speaker gives some intimation of his subject, and solicits favor and attention. In this part he ought to be clear and modest ; and whatever is trifling, tedious, and prolix, should be avoided. 2. The Narration. The Narration is a brief recital of the facts con- nected with the case from the beginning to the end. This part of a discourse ought to be plain and perspicuous, that it may be understood ; and probable and consistent, that it may be believed. 3. The Proposition. In this part is given the true state of the ques- tion, specifying the points maintained, and those in which the writer or speaker differs from the adversary. Here also the several heads should be enumerated. 4. The Confirmation. The Confirmation assembles all the proofs and arguments which can be adduced. The strongest are to begin and to end this part, and the weakest are to come in the middle. ' Tills division properly applies to forensic discussions. AN ORATION DIVIDED INTO PARTS. 5. The Refutation.* In the Refutation, the writer or speaker answers the arguments and objections of his opponent, showing them to be ab- surd, false, trifling, irrelevant, or inconsistent, as the case may be. 6. The Peroration, or Conclusion. In the Peroration, he sums up the strongest and principal arguments, and endeavors also to excite the passions in his favor. EXAMPLE OF AN ORATION DIVIDED INTO PARTS. Address of St Paul to Agrippa, Acts xxvi. 2. EXORDIUM. I think myself happy, King Agrippa, because I shall answer for my- self this day before thee, touching all the things whereof I am accused by the Jews: especially because I know thee to be expert in all cus- toms and questions which are among the Jews : wherefore I beseech thee to hear me patiently. NARRATION. My manner of life from my youth, which was at first among mine own nation at Jerusalem, know all the Jews, which knew me from the beginning (if they would testify) that, after the strictest sect of our re- ligion, I lived a Pharisee. And now I stand and am judged, for the hope of the promise made by God unto our fathers : unto which pro- mise our twelve tribes, instantly serving God day and night, hope to come : for which hope's sake, King Arippa, I am accused by the Jews. PROPOSITION. Why should it be thought a thing incredible with you that God should raise the dead ? CONFIRMATION. I verily thought with myself, that I ought to do many things contrary to the name of Jesus of Nazareth. Which thing I also did in Jerusa- lem : and many of the saints did I shut up in prison, having received authority from the chief priests ; and when they were put to death, I gave my voice against them. And I punished them oft in every syna- gogue, and compelled them to blaspheme ; and being exceedingly mad against them, I persecuted them even unto strange cities. Whereupon, as I went to Damascus, with authority and commission from the chief priests ; at mid day, king ! I saw in the way a light from heaven, above the brightness of the sun, shining around me, and them which journeyed with me. And when we were all fallen to the earth, I heard a voice speaking unto me, and saying in the Hebrew tongue, "Saul, Saul, why persecuteth thou me ? It is hard for thee to kick against the goads." And I said, "Who art thou Lord ?" And he said, " I am * This division properly applies to forensic discussions. OUTLINE FOR YOUNG DEBATERS. I Jesus -whom thou persecutest. But rise and stand upon thy feet : for I have appeared unto thee for this purpose, to make thee a minister and a witness both of those things which thou hast seen, and of those things in which I will appear unto thee ; delivering thee from the people and from the Gentiles, unto whom I now send thee, to open their eyes, and to turn them from darkness to light, and from the power of Satan unto God, that they may receive forgiveness of sins, and inheritance among them, which are sanctified through that faith which is in me." Whereupon, King Agrippa, I was not disobedient unto the heavenly vision ; but shewed, first unto them of Damascus, and afterwards to those of Jerusalem, and through all the country of Judea, and then to the Gentiles, that they should repent of their sins and turn to God, performing deeds worthy of that repentance which they profess. KEFUTATION. For these causes the Jews caught me in the temple, and went about to kill me with their own hands. Having therefore obtained help of God, I continue unto this day, witnessing both to small and great, saying none other things than those which the prophets and Moses have declared should come ; that Christ should suffer, and that he should be the first that should rise from the dead, and should shew light unto the people, and to the Gentiles. PERORATION.* I am not mad, most noble Festus, but speak forth the words of truth and soberness. For the king knoweth of these things, before whom also I speak freely : For I am persuaded that none of these things are hidden from him ; for this thing was not done in a corner. King Agrippa, believest thou the prophets ? I know that thou believest. I would to God that not only thee, but also all that hear me this day, were both almost and altogether such as I am, except these bonds. OUTLINE OF A DEBATE. Are fictitious writings beneficial ? AFFIRMATIVE. Fictions are productions of the most brilliant imaginations, the magnificent pictures of fancy, enchanting descriptions of vast fortunes acquired by building castles in the air, wonderful adventures of lovers, hair breadth escapes of knight-errants, and glorious exploits of con- querors. Stories to fascinate the young and amuse the aged. * There should be an intimation of the conclusion of an address, for the attention of the audience generally revives towards its close, and it is at this point that the orator should make his boldest flights, and most powerful efforts to teave an indelible im- I pression on every mind. OUTLINES FOR YOUNG DEBATERS. g 2. By fictitious writings we mean novels and romances, unreal painting which tickle the fancy, and as proof of their transcendent utility in enchaining the mind of youth and creating habits of reading, it is only necessary to examine the captivating and alluring style in which they are, as a whole, always written. Many, especially young ladies, peruse them merely for curiosity, or amusement, and thus form a taste for reading which in all probability they never would have done were it not for productions of fiction. Novels and romances are illustrated with engravings, and are so cheap as to be within the reach of all, and tend to create a taste for the fine arts. \ 3. But their vast benefits are not confined to the young alone, they euter the home of all who have been unfortunate in business, and em- ploy the time of disconsolate wives and heart-broken husbands. Many families speud happy hours in reading and discussing the merits of the last novels of European writers, for it is to be regretted that we have, as yet, few if any in that department who equal those of England and France. 4. As a proof of the great benefits of novels we need only allude to the fact that many thousands derive their support from their sales. Not a railroad car comes in or goes out of any city or village, of any note, in this country, but has in it some poor youth, perhaps the child of a dissipated father, or which, we believe, is more generally the case of a widowed mother, who is loaded with romances, or what amounts to the same thing, newspapers and periodicals which contain mostly extracts from those works of delightful amusement and recreation. 5. There is not a steam boat that plies on the waters of this free republic from Maine to California but has on board its venders of novels and romances. We have already said enough to convince every reason- able and intelligent mind of the vast benefits of works of fiction, yet we deem it necessary, before closing, to clinch the nail and settle forever this heretofore mooted question. It has been found by statistics* of England and France that the publication of works of fiction employs more persons, gives support to more venders than all the works on re- ligion, law, and medicine ; than all the religious, scientific and literary magazines, all the religious newspapers and all the other dry literature of these countries combined. \ 6. It is to be regretted that in the United States we have no sta- tistics of the kind, but I am sure the observations of all present will bear us out in the assertion that America is not behind the old world in appreciating the great benefits of the works of fiction. In all our railroad cars, and on all our steamboats to which we have alluded, comparatively speaking no other writings are read. The people almost * See Edinburgh Magazine for 1850. 25* OUTLINES FOR YOUNG DEBATERS. unanimously see and acknowledge the benefits of fictitious writings, fcr they patronize no other books in all our public thoroughfares, and vox populi vox DEI.* g 7. In works of fiction virtue is decked in all its beauty and loveli- ness, and vice is held up in such horrible deformity that it need only be depicted to be shunned. The reader is taught to enter the bowers of paradise created by the former, and enticed from the miseries of the latter. g 8. Many novels, and particularly Sir Walter Scott's, are founded on facts, and in them are interwoven all the important historical infor- mation that is necessary for any one to know. Again, are not fables fictitious ? and what is more, are not the parables of our Saviour ficti- tious ? With these overwhelming arguments we rest our cause. 2 1. Before endeavoring to reply to the arguments of our opponents, we give them full credit for doing all that skill and ability can accom- plish, they have labored with an enthusiasm worthy of a better cause, and their reasonings if permitted to go unrefuted, would doubtless be productive of much evil. \ 2. The parables of our Saviour are not fictitious, all his parables are facts introduced to represent truths, that is, He makes use of earthly things to'illustrate heavenly realities, and this is done in order to make his instructions understood. Fables are modes of illustrating truth, and are symbolical facts, and therefore are not fictitious. \ 3. As far as the novels of Scott are facts or histories, they are not fictitious, and hence, have no bearing on the subject, and all those parts of his novels which are fictitious, have a tendency to mislead and de- ceive the reader, and are positively injurious. How melancholy it is to reflect that the brilliant intellect of Scott was squandered in amus- ing instead of instructing mankind ; that he labored to please men instead of aiding them to do substantial good and glorify their Creator. \ 4. Works of fiction do not, as a general rule, clothe virtue in all its loveliness, and vice in all its deformity. They familiarize the mind with all that is corrupting and depraved, by administering to the sen- sual appetites, enervating and stultifying the intellectual powers. The very reverse of the assertion of our opponents, is generally true. For vice depicted by the tinsel of the novelist, is "first dreaded, then pitied, then embraced." \ 5. In real history alone is the true line of demarkation drawn ; there you see the difference between virtue and vice practically illustrated In the lives of Arnold and Washington, Nero and Marcus Aurelius, Jo- * The voice of the people is the voice of God. OUTLINES FOB YOUNG DEBATERS. seph and his brethren, Judas and our Savior. Our opponents regret that we have no statistics to prove, as they have done with England and France, that the sales of novels exceed that of all the other books of the country combined. Startling as is this information in re- gard to Europe, we will show the sophistry of their conclusions in ref- erence to America. It is true that all our public thoroughfares and cities are flooded with novels ; because this happens to be the fact, does it follow that they are beneficial ? These same places abound with all manner of intoxicating drinks, but does this prove that they are pro- ductive of good? Where are the most crimes committed? Where prowls the libertine? the gambler? the thief? the incendiary? the robber ? the murderer ? the enemies of rational liberty and of human progress ? In the very places where novels are the most abundant ; and it is a well established fact that the most heinous criminals read, exclusively, works of fiction, and decry everything of a moral and reli- gious tendency. Truly, " by their fruits shall ye know them." As for the benefits of novels in comforting and sustaining those who have been unfortunate in business, the very reverse is true. Novels engaged the attention of the young wife ; she neglected her domestic duties, read late at night, became fretful and peevish because her husband had not millions at his command, because he was not a senator, governor, presi- dent, duke, king, or emperor ; she unconsciously neglected her children, made her home intolerable, and drove her husband to the intoxicating bowl, or chased him, by her petulance, to a premature grave, and the poor tatterdemalion orphans so pathetically described by our opponents, were made such, through the pernicious influence of novels. We admit that many may derive their entire livelihood by selling works of fiction ; but is that beneficial which supports or enriches one or a dozen, and ruins thousands ? Is it beneficial for a person to sell apparel which scatters contagious diseases, sickness, and death, and fills the land with gloom and misery ? Is that benficial which makes us see things through a false medium ? Is that right which has the mass of the people on its side ? Then is heathenism and idolatry more beneficial than Chris- tianity. Then was the banishment of the pure and noble Aristides, by the vox populi, just. The arguments of vox populi, so strongly relied on by our opponents, reminds us of the discussion of an Irishman and an itinerant minister about theatres: " And sure," said the former, " theatres must be beneficial for we have in their favor the king of England, the king of France, the king of Spain, and all the kings, and all the nobility besides, and you, poor devils, have nobody on your side except GOD ALMIGHTY." But to return to the subject. The great and the wise of our own country totally disregard the sickening tales of newspapers and periodicals, that editors insert for silly and weak minds. Are the most eminent lawyers, judges, doctors, teachers, and ministers, OUTLINES FOR YOUNG DEBATERS. advocates of fictitious writings ? Was there ever a novel found in the library of a single one who ranks as one of the founders of our govern- ment? The vox sapientiae* is unanimous in favor of the negative of the question under debate, and as for the vox populi, it may sustain the affirmative side, and crucify the liberties of America, the same as it did the SAVIOR or THE WORLD. 6. As for style it is bombastic and vulgar; for clearness, simpli- city, strength, or beauty, the advantages are always in favor of the sound literature, and the young will find, by reading books of bi- ography and history, as much to captivate aud allure towards the pinnacle of usefulness and fame, as there is on the side of works of fic- tion to contaminate and sink into hopeless wretchedness. As for cheapness, the American Bible Society furnish books uc a lower rate, which lead to eternal bliss instead of eternal misery. As for a taste of the fine arts, the reverse is true. The dowdy obscene wood-cuts of novels create a taste for all that is madening and tantalizing. The gloomy cloud hiding the setting sun of many who were born with the brightest earthly prospects before them, has carried when too lafe, the saddest intelligence to many agonizing hearts, that bad books, novels, and romances, are public fountains of vice. \ 7. Works of fiction tend to give unnatural views of life, and render a distaste for all that is holy. Whoever heard of a novelist that was fond of studying and practising the precepts of our Savior. Whoever knew a real novel but tended to render the head silly; the heart treacherous and corrupt. 8. The only reason why works of fiction are tolerated, is, that they are diluted with a few facts, sugared over with a little virtue, but the poison is sure to produce its fatal results. The haunts of dissipation and wretchedness teem with novels. The worst members of society, if they read at all, are certain to read them to the exclusion of all books which tend to make the head wiser and the heart better. \ 9. Works of fiction, as their name imports, are silent companions of guile and falsehood. An eminently wise man once said, "Let me see the favorite books of an individual, and I will tell you his character," and another once remarked, "Let me write the book for a nation, and I care not who makes the laws." \ 10. Works of fiction are pernicious in the extreme, because they create a relish, as their name imports, for falsehood ; they tend to make weak minded and treacherous man silly, and dissolute women. They scatter the seeds of dissipation and depravity, and stifle all holy aspira- tions for the lofty and ennobling principles of the Bible. It should never be forgotten that this book is the basis of civilization, and of hu- * The voice of the wise. OUTLINES FOR YOUNG DEBATERS. mun improvement. No real liberty or happiness has ever existed, nor can it ever exist without it. Truly it "transforms the tiger fury and blindness of man into the gentleness of the lamb and the harmlessness of the dove. Wherever its principles are not studied and revered, re- publicanism and human bliss are alike unknown. 2 11. Many instances are known of ladies whose youth was as un- sullied as the untrodden snow, the pride of their families, bidding fair to shine among the brightest literary stars, who began by reading the best illustrated novels, and ended with the worst, abandoned their dear- est friends, carried the grey hairs of their parents in sorrow to the grave, terminated their own lives as outcasts in the vilest dens of iniquity. 12. Were we compelled to lose our life or take a partner addicted to reading works of fiction, we would choose the former, but were this poor boon denied and the alternative of the latter presented, with that of a lady addicted to habitual drunkenness then praying for death, we should take the latter, for her habits brutalize directly the body, and render her an object to be shunned, whereas those of the former de- prave the soul and beguile only to ruin forever. 2 13. Works of fiction are greater scourges than war, pestilence, the inebriating bowl, and famine combined for these have intervals of ces- sation, or are mostly confined to the worst part of the race, but the former are ever present, and are perpetually ensnaring multitudes of youth of both sexes, and particularly the fairer and better part of cre- ation. Novels and romances, these keenest missiles of Satan, are no longer confined to the places of their origin, the despotisms of the old world, where they beguile the attention of subjects and aid kings, the better to forge their fetters, they are stealing the names of cheap liter- ature, and flooding our land. 14. Our country youths as they for the first time visit some of the great marts of the Union are beset on boats, cars or dock, and first en- ticed by stool-pigeons of crime to buy the last historical novel ; then follows in quick succession the depraving romances of France, in which are wilily concealed cards pointing out the most horrible dens of ini- quity into which no one has ever or can ever enter with safety. | 15. The reader of works of fiction like the drinker of ardent spirits knows not where he will stop, or the evils that will result therefrom. No one can with truth say they will not injure me, for millions have said the same and been irretrievably ruined. \ 16. If man dies not as the brutes of the field and the trees of the forest, if the mind lives forever, if human existence be given to fit and strengthen the mental faculties for the life to come, then is every work which tends to divert attention from the goal to which we are all rapidly 10 OUTLINES Fviu YOUNG DEBATERS. hastening, and unfitting us for the end of our creation, pernicious in tbe extreme. \ 17. Novels and romances insidiously allure us from the duties to our- selves, our friends and our Creator, and engender a distaste for reading the HOLY SCRIPTURES, taking away the purest happiness on earth, and the strongest hopes of BLISS IN HKAVEN. The leaves of the novel, like those of the flower that conceals the deadly asp of the Nile, if handled at all, are liable to impart an unseen sting of unutterable anguish and woe. /* it Wrong for a Government to Deprive a wilful Murderer of Life ?* AFFIRMATIVE. \ 1. la supporting the affirmative of this question, we shall not at- tempt to justify the murderer ; we wish him to receive even hand justice, but we desire that he maybe punished otherwise than by death, and in a way that the community will be benefitted by his living. For death, we propose to substitute imprisonment for life. This plan will be greater punishment, and will also produce a revenue to the State, and often save the lives of innocent persons. \ 2. Many have been executed for supposed crimes, who afterwards were proved innocent. By imprisoning alleged criminals, they may, when proved guiltless, be set at liberty. The murderer, imprisoned, is a living beacon to guard the young against the dangers and penalties of crime, and affords the strongest protection to the community. Again, taking the life of the murderer, is contrary to Scripture. After Abel was killed by Cain, the Lord pronounced a seven-fold vengeance on any one who should put him to death. The Bible reads, " Thou shalt not kill." Putting the murderer to death is killing him, and therefore a direct violation of the law of God. The Savior prayed for his mur- derers. \ 3. If persons are condemned to death for crimes by the laws, it lessens the value of human life in the eyes of the community. " Draco's bloody code doomed to death every person who committed the least fault ; but this instead of lessening crime increased it. The Romans punished with death many small offences and behold the result, the community valued human life so little, and the frequent executions had so hardened the hearts of the people, that the deadly combat of the gladiators was a source of great amusement even to the ladies, who looked on with joy to see man butcher his fellow-man, and hear his death-struggle with delight. In England, a few years since, the steal- ing of a watch was a capital offence ; yet, while one man was being * See Civil Magistrate, Burleigh's American Manual, pps. 268 to 285, inclusive OUTLINES TOR YOUNG DEBATERS. 11 executed for that crime, it waress is nearly equally divided. The partisans in religion and politics, arouse the dormant energies of the whole laud, and excite among all classes an unquenchable thirst for investigation, for research, and mental elevation. All ancient govern- ments that were the seats of science, of civilization, and of liberty, received the beneficial influence of party spirit. Wherever the sun of liberty now shines the brightest ; wherever our holy religion is most prized and revered, there do you find this spirit in the fullest plentitude of its power. Hence, the demonstration that PARTY SPIRIT is BENEFI- CIAL. NEGATIVE. 1. There is more of speciousness than of reality in the arguments of the affirmative. It is boldly asserted that " a spirit for differing in opinion, is a law of our nature." Hence, according to the tenor of this fallacious reasoning, God has endowed us with faculties which, if we use aright, will lead us to DISPUTE THE TRUTH. Our opponents have marshalled before you the founders of our government ; and what do all their declarations prove : simply, that there was a party in favor of a foreign king, and a party in favor of American liberty. The former, the advocates of error ; the latter, of truth. We have been eloquently reminded of the ancient cradles of science and liberty ; and what does it all amount to ; why, simply this : that Republics, rent by the insane fury of parties, have been, " like man born of woman, few of days and full of trouble." We should deem the history of ancient republics, a fable, were it not that their crumbling monuments still attest alike their magnificence and the ruinous results of party spirit ; and wherever it is now raging; whether the mass of the people are marshalled under the banners of sectarian or political aspirants, there is the progress of lib- OUTLINES FOR YOUNG DEBATERS. erty jeopardized, and the cause of truth and justice set at defiance. No two opposite parties either in religion or politics, were ever or can ever, both be equally right ; and the arguments of the affirmative, in demonstrating this question, prove that good is evil and that error is truth, and that both are right. The fact is, there can be no parties about truth ; no opposition can rightfully be brought against it. Party spirit is the prolific source of falsehood. If truth be known, there can be no difference of opinion among honest men. We should assist each other in seeking it, and found all our actions on its enduring principles. All our investigations should be conducted with fairness and sincerity. In even the best regulated Christian communities at the present day, there are parties. The reason is, that Christians are only men. Questions arise in which they feel a personal interest, and their feelings lead them astray. But this is pernicious instead of being beneficial. We are all Americans, and we should feel as did the patriarch of old, that there ought to " be no difference between us, for we are brethren." There can be but one true and safe course, which is of mutual assistance, peace and harmony. In all questions where a difference of opinion arises, let us coolly argue the point and calmly weigh the evidence thereon, and with the decision of the majority be content. Party spirit is at war with these principles ; it is prejudicial to the cause of truth and justice. It cares more about a triumph than about right. If par- ties exist, error and falsehood must at least be the foundation of one of them. The cry becomes what can we do to promote the success of our party, whereas it should be, what can we do to benefit our country. All become maddened by partisan huzzas, and are zealous for town, or country, or state, or northern, or southern lines, and lose sight of the permanent good, the prosperity and glory of the whole country. This pandora box that feeds party spirit, has already threatened the very existence of our republic. The Northerner despises the Southerner and the Southerner detests the Northerner. Malicious feelings are produced ; whole neighborhoods are in a state of fiendish commotion ; friends are separated ; the domestic ties of families are sundered ; fraud, violence, and murder are nourished by party spirit. No matter how sincere persons of opposing parties may be in supposing that their side is right,- the question in debate has nothing to do with what people think or pretend to think, but what is beneficial, not to the leader, but to the whole community. All the arguments in favor of parties are visionary and fallacious. Party spirit promotes many wicked and incompetent men to office, merely because they are boisterous partisans. The watchword becomes, who has served his party with the most zeal, in- stead of who is the most competent, faithful, and meritorious. 2. Party spirit is opposed to merit; the great and wise of every age and nation have suffered by it. Seneca was condemned to death, Plato OUTLINES FOR YOUNG DEBATERS. 17 was doomed to slavery, Pythagoras was burned alive, and Socrates was fated to drink the poison cup; all like vile criminals, were sacrificed at the shrine of Moloch. But we need not go out of our own country for the baneful influence of party spirit, Washington was slandered as a traitor, a party was raised to displace him from the command of the American Army, and public meetings called to burn him in effigy,* No one since his day has been a candidate for the highest office in the world without being traduced ; as a general rule, the greater the ability and merit, the more clamorous and virulent has been the cry of partisan slanderers. Unless some rational course be taken to mitigate the animosity of par- ties, this boasted republic will follow the fate of all its predecessors, for a " House divided against itself cannot stand," but we have already said enough to prove that party spirit is subversive of the peace and comfort of families, at war with the principles of truth and justice, and destructive of the enduring prosperity and renown of a nation. Does Christianity diminish human happiness in this life t AFFIRMATIVE. Any thing restricts human happiness when the resulting evil over- balances the good. Many Christians are willing, if not anxious to die, but whoever has known a person not pious willing to meet death. Do not all dread it, from the beggar in his lonely hovel to the king in his palace. Men seek their own happiness, hence the proof that the Christian being unhappy is willing to die, and all who are unconverted being comparatively speaking happy, are unwilling to leave the bliss they enjoy here below. Where especially among ladies, do you find the most mirth and joy, where rings loudest the laugh, where pass away the hours under pleasures flying feet, among those who have not the restraints of religion to mar their happiness. But we need not be con- fined to the narrow sphere of families and neighborhoods Christianity has occasioned wars. It caused numerous and direful persecutions in the palmiest days of the Roman Empire, and during the reformation. It produced the crusades, and the incalculable amount of crime, and human wretchedness resulting therefrom, has caused the most bitter and heart-rending persecutions throughout the civilized world. We know our opponents may bring forward the plea that the eternal hap- piness of the b'iss of the soul which lives beyond the grave outbalances all this, but we wish them confined rigidly to the question, and that has reference exclusively to this world, and here we have every one who is fond of amusement and the social circle, and the practice and actions of the great bulk of the people of this free republic, and the * Remembrance of the late Col. James Stimson, of Maryland. 26 D OUTLINES FOR YOUNG DEBATERS. common sense of mankind, all in favor of the affirmative of the ques- tion. NEGATIVE. In proving the negative of this question, we propose to consider first the happiness Christianity confers on its POSSESSORS, and then its mi- raculous power in alleviating human suffering and blessing the whole human race. Outward appearances are generally deceptive, the smiling countenance often conceals the saddest anguish of the heart, and the lady who is all mirth and glee is too often like the dove that folds its wings to conceal the barb of death. The minds of those who are Christians, like the unruffled waters, run deep, and enjoy pleasures concealed from mortal view. Which is the happiest the votary of pleasure or the Christian. Death may overtake us at any moment. The vast sum of human happiness is made up of peace of conscience, and that even tranquillity which renders one always contented with his present condition, and enables him to confer great and perpetual bliss on all around. The argument of the hour of death so strongly relied on by the affirmative is in reality the very strongest one in our favor, all must die, the Christian feels ever ready ; he looks forward to the brightest and most glorious prospect, but the sinner " is without hope and without God in the world." He is constantly terrified, conscience which is ever whispering to him, speaks of the dark and gloomy future, he fears perdition, and is ever unhappy. The POSSESSOR, not the mere Professor of Christianity, sets a noble example, and carries with him every where peace and love, and strews around content- ment and happiness.* Christianity confers felicity, for it is the law of God. Is there any one so credulous as to believe that JEHOVAH would annex misery for practising what he has commanded and approved ? It has been boldly asserted that Christianity has caused devastating wars, that it was the source of the most cruel and unheard of persecutions ; at the zenith of the power of Imperial Rome ; that it originated the crusades and the untold misery resulting therefrom ; that it was the source of the heart-rending persecutions during the reformation, and that it has continued to embroil and embitter society ever since. The fact is, all these atrocities and scourges have originated from an entirely different cause, viz : THE EVIL DISPOSITION OF MAN. Who acts in direct opposition to the whole weight and power of Christianity ; where have wars been the most frequent, ferocious, bloody and desolating, in coun- tries not Christianized, "whence come wars and fighting among you, come they not hence even of your lusts." Persecutions have existed in every age and country. Who persecuted Shadrach, Meshack, and * See " Do as you would be done by," page 76, Burleigh's School Thinker. OUTLINES FOR YOUNG DEBATERS. 19 Ahednego? Who does not see,the absurdity of the affirmative in at- tributing to a cause, effects which are found anterior to it, and where it never has existed. All nations have practiced persecu- tions where the Christian religion was unknown. Persecution is found in all communities, and has nothing to do with Christianity, which, instead of encouraging, has always presented the strongest pos- sible barriers against intolerance. Christ says, " Do good to them that hate you and pray for those who despitefully use you and persecute you." Christianity has, irrefutably, improved and elevated the condi- tion of human society. It has abolished gladiatorial shows, and the contests between men and wild beasts. For the offering of human sac- rifices it has taught us to acknowledge and forsake our sins. It hum- bles kings and nobles, for it teaches them that their poor Christian menials are better than themselves. It has elevated the condition of the poor, and provided for the proper education of children. Christianity enhances the happiness of the race inconceivably even in this life. It has supplied innocent entertainments for those that were pernicious ; it has enacted wise laws ; it Iras rendered travelling safe ; promoted literature, advanced science ; established the law of nations, protecting the persons of foreigners in distant countries ; mitigated the horrors of war by causing prisoners to be treated with humanity ; created a regard for piety ; founded hospitals ; raised woman from her abject condition as a chattel and degraded slave to her proper rank in society. Like the sun in heaven, its beueficient rays fall on all, though not alike on each. Yet every one, however low or degraded, is rendered happier by its beneficent influence. 2 3. The preceding outlines have been given to encourage persona who have had little or no experience in conducting public' discussions. It may be remarked that the same arguments do not appear alike to every mind ; that circumstances may be ingeniously adduced, which if rightly construed, would sustain the opposite side of a question, and that mere reports are very different from facts, and should always be closely scanned. For example, the assertion in the first line of page 11, that 600 watches were stolen, is incredible, and may be refuted by showing that it was a conspiracy among thieves to destroy the law, i. e., one thief stole from the other, and that he in turn stole it again, and so on, till the same watch had been stolen and re-stole 500 times ; or that there were not more than fifty watches at that period in the whole country where the execution occurred, &c. Young debaters, like children commencing to walk, should receive every possible Encourage- ment, and should not always be rigidly confined to the subject. \ 4. The questions and hints on the following pages are designed for societies which have had more experience in conducting discussions. 20 HINTS FOR LITERARY AND DEBATING SOCIETIES. Is Unanimity in Juries conducive to the Equity of their Verdicts ?* AFFIRMATIVE. [Heads.] Folly to require unanimity, to convict the meanest criminal when a bare majority, the preponderance of a single yote, will decide the most important deliberations of a State or Nation. A majority of one is sufficient to declare a war which will destroy the lives of thousands. One perverse and ob- stinate individual, or one who is corrupted by a bribe, may entii'ely thwart the ends of justice, and keep from merited punishment the vilest criminal. Improvement is the order of the day. In a free country the majority should rule. Unanimity is a relic of English Monarchy. NEGATIVE. [Heads.] It causes investigation and dis- cussion in all questions of differ- ence, and leans to the side of mercy. A large minority would always create dissatisfaction to the sentence. It is better for the guilty to escape than .for the inno- cent to be punished. Being con- demned by a unanimous voice does away entirely with the unjust usur- pation of executives ; pardoning power. Rulers are liable to be bribed as well as jurors. The affirmative supports the side of theory. The negative is sanctioned by all past experience, and the approbation of the civilized world. Ought Foreign Immigration to be Encouraged ? AFFIRMATIVE. [Heads.] Needed to increase our popula- tion ; to occupy waste land ; to add to the power of our army ; to our manufacturing establishments ; to increase our institutions of learning ; and to promote the lite- rature of the country. Should be encouraged by grants of land and naturalization. The exile the strongest supporter of Liberty. And lastly, the superior intellect of foreigners is necessary to im- prove American literature. See Buffons Natural History, &c. NEGATIVE. [Heads.] Paupers ; criminals ; Botany Bay ; Land monopoly ; Armies a curse ; Tools of tyrants ; encou- rage all the vice of Europe; em- brace the policy that makes a million poor ; a few nabobs. With those who engraft monarchial principles ; small farms ; merit ; To corrupt ballot boxes ; Licen- tiousness ; Exploded theory. We should respect ourselves and our country. See lives of Eminent American Statesmen and Divines, History U. S. &c. * See Duties and Responsibilities of Jurors, Burleigh's American Manual. HINTS FOR LITERARY AND DEBATING SOCIETIES. 21 Do Males exert a Greater Beneficial Influence than Females 9 AFFIRMATIVE. [Heads.] Males are stronger in body and mind. Occupy -all the learned professions ; all offices of trust, honor or profit. Direct the com- merce, manufactories, education, banks, the press and armies. Command the wealth ; wealth is power ; males found colleges ; the strongest levers of Christianity ; women dislike colleges ; spend all their time and influence in favor of pernicious novels and romances. This question applies to the whole race, in all uncivilized countries women are slaves and have no influence. Ought the Liberty of the AFFIRMATIVE. [Heads.] Restrictions necessary to promote truth and repress falsehood. Rome and Greece were free, yet they had no free press. Foulest calumnies circulated through the press. Sanc- tions robbers of character who are more detestable than those of money. Thousands live and die by being slandered. Like a pesti- lence no one is safe from its perni- cious attacks. Christianity ridi- culed and belied by it. Infidelity disseminated. The French revolu- tion, 1793, and the reign of terror countenanced. Power may be abused ; the press is power and ought to be restrained. Enter semi- naries ; contaminate the young ; ruin a nation. * See Apology for the freedom of the press by Robert Hall. And R. Hunter on formation and publication of opinions. NEGATIVE. [Heads.] Strength no test of intellectual power and moral influence. Sir Isaao Newton feeble. Women mould the character. Sir Wm. Jones: Bonaparte; Doddridge ; Washington left exclusively to the mother. Semiramis, Helen of Troy ; Maid of Orleans ; Isabella, Catharine of Russia, Maria The- resa, Elizabeth, Pocahontas, Victo- ria, Jenny Lind. Free from drunk- enness ; Kings control mankind, Women control Kings. Hemans, Hannah More, Ac. &c. Direct the affairs of tie Christian World,* three-quarters Christian Females. Press to be Restricted?* NEGATIVE. [Heads.] Truth, like gold, the more it is rubbed the brighter it shines ; al- ways prevails over all libellous at- tacks. If false restrictions tend to perpetuate ; Greece and Rome, did not maintain their liberty. More crime and vice where it is re- stricted. Refutation follows slan- der. Destroys tyrants, the rob- bers of nations. Millions die for the want of having their rights fearlessly advocated. A virtuous man lives free, for the calumniator is not believed. Christianity re- futes its puny attacks ; encircles the globe with light and bliss. French revolution by stifling free discus, sion. A free press exposes bad books and stops their Bale. Impos- sible to restrict it in a beneficial way. Bad rulers have bad men to control it. Our own country, glory and hope of the world. THE ORIGINAL ARTICLES OF CONFEDERATION. TO ALL TO WHOM THESE PRESENTS SHALL COME. We, the undersigned Delegates of the States affixed to our Names, send greeting. WHEREAS the Delegates of the United States of America in Congress assembled, did, on the fifteenth Day of November, in the Year of our Lord one thousand seven hundred and seventy- seven, and in the second Year of the Independence of America, agree to certain Articles of Con- federation and perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South. Carolina and Georgia, in the Words fol- lowing, viz. : Articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylva- nia^fklateare, Maryland, Virginia, North Carolina, South Carolina and Georgia. ARTICLE I. The Style of this Confederacy shall be " The Dnited States of America." ART. 11. Each State retains its Sovereignty, Freedom, and Independence, and every Power, Jurisdiction, and Right, which is not by this Confederation expressly delegated 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 Religion, Sovereignty, Trade, or any other Pretence whatever. ART. IV. The better to secure and perpetuate mutual Friendship and Intercourse among the People of the different States, in this Union, the free Inhabitants of each of these States, Paupers, Vagabonds, and Fugitives from Justice exeepted, 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 Regress 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 Inhabit- ants thereof respectively, provided that such Restrictions 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 State, on the Property of the United States, or either of them. If any Person guilty of, or charged with Treason, Felony, 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 Government or executive Power of the State from which he fled, be delivered up and removed to the Stale 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 recal 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 Mem- bers; 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 Benefit, receives any Salary, Fees, or Emolument of any Kind. Each State shall maintain its own Delegates in a Meeting of the States, and while they act as Members of the Committee of the States. In determining Questions in the United States, in Congress 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 protected in their Per- sons from Arrests and Imprisonments, during the Tune 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 Mates in Congress assembled, shall send any Embassy to, or receive any Embassy from, or eater into any Conference, Agreement, Alliance, or Treaty with any King, Prince, or Slate ; nor shall any Person holding any Office 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 assembled, or any of them, grant any Title of Nobility. (22) ARTICLES OF CONFEDERATION. 23 No two or more States shall enter into any Treaty, Confederation, or Alliance whaterer be- tween them, without the Consent of the United States in Congress assembled, specifying accu- rately the Purposes for which the same is to be entered into, and how long it shull continue. 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, iii pursuance of any Treaties already proposed by Congress, to Hie Courts of France and Spain. No Vessels of War shall be kept up in Time of Peace by any State, eicept such Number only, as shall be deemed necessary by the United States in Congress assembled, 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 assem- bled, 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 constantly have ready for Use, in public Stores, a due Num- ber of Fieldpieces 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 sembled, unless such State be actually invaded by Enemies, or shall have received 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 Slate 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 Kingdom or State and the Subjects thereof, against which War has been so declared, and under such Regulations as shall be established t>)' the Umied States in Congress assembled : unless such State be infested by Pirates, in which Case Vessels of War may be fitted out for that Occasion, and kept so long as the Danger shall continue, or until the United States in Congress assembled shall determine otherwise. ART. V1L 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 respect- ively, by whom such Forces shall be raised, or in such Manner as such State shall direct; and '1 Vacancies shall be filled up by the State which first made the Appointment. ART. Vill. All Charges of War, and all other Expenses that shall be incurred for the com- mon 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 estimated, 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 determining on Peace and War, except in the Cases mentioned in the sixth Ar- ticle of sending and receiving Ambassadors entering into Treaties and Alliances, provided that no Treaty of Commerce shall be made, whereby the Legislative Power of the respective Stales 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 Species of Goods or Commodities whatsoever of establishing Rules for deciding, in all Cases, what Cap- tures on Land 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 Letters of Marque and Reprisal in Times of Peace appointing Courts for the Trial of Piracies and Fel- onies committed on the high Seas and establishing Courts for receiving and determining finally Appeals in all Cases of Captures, provided that no Member of Congress shall be ap- pomled a Judge of any of the said Courts. The United States in Congress assembled shall also be the last Resort on Appeal in all Dis- putes and Differences now sut>sisting, 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. Whenever the legislative or executive Authority, ot lawful Agent of any State in controversy with another, shall present a Petition to Congress, stating the Matter in Question, 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 assigned 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 Mailer 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 reduced to thir- teen ; and from that Number not less than seven, nor more than nine Names, as Congress shall direct, 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 as a major Part of the Judges who shall hear the Causa shall agree in the Determination : and if either Party shall neglect to attend at the Day ap- pointed, without showing Reason; which Congress shall judge sufficient, or bring 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 Party absent or refusing ; and the Judgment and Sentence of the Court to be appointed, in the Manner before prescribed, 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 und decisive; 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 Parties concerned : provided that very Commissioner, before he sits in Judgment, shall take an Oath, to be administered by one ARTICLES OF CONFEDERATION. 24 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, Affection, 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 States, be finally determined as near as may be in the same Manner as is before prescribed for deciding Disputes respecting territorial Jurisdic- tion between different States. The United States in Congress assembled shall also have the sole and exclusive Right and Power of regulating the Alloy and Value of Coin struck by their own Authority, or by that of the respective States fixing "the Standard of Weights and Measures throughout the United States regulating the Trade and managing all Affairs with the Indians, not Members of any of the States, provided that the legislative Right of any State within its own Limits be not in- fringed or violated establishing and regulating Post-Offices from one State to another, through- out all the United States, and exacting such Postage on the Papers passing through the same as may be requisite to defray the Expenses of the said Office appointing all Officers of the land Forces, in the Service of the United States, excepting regimental Officers appointing all the Officers of the naval Forces, and commissioning all Officers whatever in the Service of the United States making Rules for the Government and Regulation of the said land and naval Forces, and directing their Operations. The United Stales in Congress assembled shall have Authority to appoint a Committee, to sit in the Recess of Congress, to be denominated " a Committee of the States," 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 necessary Sums of 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 Bills 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 Num- ber of white Inhabitants in such State; which Requisitions shall be binding, and thereupon the Legislature of each State shall appoint the regimental Officers, raise the Men, and clotlio, arm, and equip them in :t soldier-like .Manner, at the Expense of the United States ; 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 Congress 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 State should raise a greater Number of Men than the Quota thereof, such extra Number shall he raised, officered, clothed, armed, and equipped in the same Manner as the Quota of such State, unless the Legislature of such State shall j udge that such extra Number cannot be safely spared out of the Same, in which Case they shall raise, officer, clothe, arm, and equip as many of such extraNumber us they judge can be safely 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 Congress 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 Treaties or Alliances, nor coin Money, nor regulate the Value thereof, nor ascertain the Sums and Expenses necessary for the Defence and Welfare of the United States, or any of them, nor emit Bdls, nor borrow Money on the Credit of the United States, nor appropriate Money, nor agree upon the Number of Vessels 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 Year, 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 Journal, 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 authorized 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 said Committee, for the Exercise of which, by the Articles of Confederation, the Voice of nine States iu the Congress of the United States assembled is requisite. ART. XL 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. XIL All Bills of Credit emitted, Moneys boi rowed, and Debts contracted by, or under the Authority of Congress, before the Assembling of the United States, in pursuance of the pre- sent 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 solemnly pledged. ARTICLES OF CONFEDERATION. 25 ART. XIII. Every State shall nbkle by the Determinations of the United States in Coneress assembled on all Questions which by this Confederating are submitted to them. And the Article! of this ConltderalHin shall tie inviolably observed byTvery State, and the Uniou shall be per- petual ; nor shall any Alteration at any Time hereafter be made in any of them, unless such Alteration be agreed to by a Congress of the United Slates, and be afterwards continued by the Legislatures of every Stale. And whereas it hath pleased the great Governor of the World to incline the Hearts of the Legislatures we respectively represent in Congress to approve of and to authorize us to ratify the said Articles of Confederation and perpetual Union ; Know YE, that we, the undersigned Delegates, by virtue of the Power and Authonly to us given for that Purpose, do by thesePre- sents, in the Name and in Behalf of our respective Constituents, fully and entirely ratify and confirm each and every of the said Articles ot Confederation and perpetual Union, and all and singular the Mutters and Things therein contained: and we do furttii-r solemnly plight and engace the Faith of our respective Constituents, that they shall abide by the Determinations of the United States in Congress assembled, on all Questions, which by the said Confederation are submit ted to them; and that the Articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual. In witness whereof, we have hereunto set our Hands in Congress. Done at Philadelphia in the State of Pennsylvania the ninth Day of July in the Year of our Lord one thousand seven hundred and sevuiiiy-eigtit, and in the third Year of the Independence of America. On the Part and Behalf of the State of New Hampshire. JOSIAH BARTLETT, JOHN WENTWORTH, Jun. August 8, 1778. On the Part aud Behalf of the State of Massachusetts Bay. JOHN HANCOCK, ELBRIDGE GERRY, JAMES LOVELL, SAMUEL ADAMS, FRANCIS DANA, SAMUEL HOLTEN. On the Part and Behalf of the State uf Rhode Island and Providence Plantations. WILLIAM ELLERY, HENRY MARCHANT, JOHN COLLINS. 0/t the Part and B> half of the State of Connecticut. ROGER SHERMAN, OLIVER WOLCOTT, ANDREW ADAMS. SAMUEL HUNT1NGTON, TITUS HOSMER, On the Part and Behalf of the Stale of New York. JAS. DUANE, FRA. LEWIS, WM. DUER, GOOV. MORRIS. On the Part and Behalf of the State of New Jersey. JNO. WITHERSPOON, Nov. 26, 1778. NATH. SCUDDEH do. On the Part and Behalf of the State of Pennsylvania. ROBT. MORRIS, JONA. BAYARD SMITH, JOS. REED, 22d July, 1778. DANIEL ROBERDEAU, WILLIAM CLINGAN. On the Part and Behalf of the State of Delaware. THOS. M'KEAN, Feb. 13, 1779. NICHOLAS VAN DYKE. JOHN DICKINSON, May 5th, 1779. On the Part and Behalf of the State of Maryland. JOHN HANSON, March 1, 178L DANIEL CARROLL, do. On the Part and Behalf of the State of Virginia, RICHARD HENRY LEE, THOMAS ADAMS, FRANCIS LIGHTFOOT LEE. JOHN BANISTER, JNO. UARVIE, On Out Part and Behalf of the State of North Carolina. JOHN PENN, July 21st, 1778. CORNS. HARNETT, JNO. WILLIAMS. On the Part and Behalf of the State of South Carolina. HENRY LAURENS JNO. MATHEWS, THOMAS HEYWARD, Jun. WILLIAM HENRY DRAYTON, RICHARD HUTSON. On the Part and Behalf of the State of Georgia. JNO. WALTON, 21th July, 1778. EDWD. TELFAIR. EDW. LANGWORTHY. [IV. From the eirrnnutuux of drlrrate* from the name iUte haTlnf limned the Article* of Confederation at different time*, aaapiara by lae Utrv, it i probable they affixed their uamea aa they happened to be prcaeut in Coof reea, arui they had been aulaonlea by their coajtitueau.) 27 EXTRACT OF A LETTER FROM EX-GOVERNOR W. G. D. YTORTHTNGTON. I HAVE examined " BURLEIGH'S LEGISLATIVE GUIDE," and find, as its name implies, that it is indispensable for every legislator who desires to establish a uniform system of rules for conducting public business throughout the United States. In my humble judgment, every State Legislature will immediately adopt it as their standard as soon as the merits of the work can be known. W. G. D. WORTHINGTON. I AM convinced that the "LEGISLATIVE GUIDE" will prove a valuable text-book for collegiate students, and will use it as such at St. Timo- thy's Hall, believing that every young American ought to be acquainted with the routine of order appropriate to legislative assemblies. L. VAN BOHKELEN, Rector. St. TIMOTHY'S HALL, Catonsville, Md., Feb. 26, 1852. Ex. of Letter from Hon. J. C. Legrand, Ch. Justice Court of Appeals, Md. BALTIMORE, Feb. 9, 1852. THE plan of the Legislative Guide enables the student or legislator to discover, with facility, the rule and reason for it, in each particular instance, and must, therefore, be of great value to legislatire and other deliberative bodies. JNO. CARROLL LEGRAND. At a meeting of the School Commissioners of Baltimore held Feb. 10, 1852, the following resolutions were UNANIMOUSLY adopted : Resolved, That the American Manual ; that the Thinker ; that the Practical Spelling Book by Joseph Bartlett Burleigh, LL. D., be introduced into the Public Schools of Baltimore. J. W. TILYARD, Clerk Com. Pub. Sch. Balto. At a meeting of the Controllers of Public Schools, First District of Pennsylvania, held at the Controllers' Chamber, on Tuesday, December 10th, 1850, the following resolution was adopted : Resolved, That the American Manual, by Joseph Bartlett Burleigh, be introduced as a class-book into the Grammar Schools of this District. ROBERT J. HEMPHILL, See. PHILADELPHIA, NOT. 13, 1851. At a meeting of the Controllers of Public Schools, First District of Pennsylvania, held on Tuesday, Nov. llth, 1851, the following resolu- tion was adopted : Resolved, That the "Thinker," by Joseph Bartlett Burleigh, be intro- duced as a class-book into the Public Schools of this District. ROBERT J. HEMPHILL, Sec. (26) INDEX TO THE CITIZENS' MANUAL. 27 INDEX TO THE CITIZENS' MANUAL. PAGE. Adjournment, Fixing the time of, . . . . 223 " Place of, 228 Amendments, Respecting, 254 Appeals, from Decision of President, ..... 263 Business, Order of, 262 " When obstructed, by rule, . . . . 262 Census, of United States, ....... 282 Commit, Motion to 242 " May be Amended, 264 Committee, Report of, ....... 224 Respecting Chairman, ...... 245 Majority and Minority Report, .... 246 Duties of, 235 Select, >.' 287 Standing, ."'%* i . . . .238 Whole House, 240 Directions for Debating Societies, Appendix, .... 1 Debate. Mode of, 257 Elections, Time of Holding in each State, .... 280 " Synopsis of Proceedings, ..... 275 English Legislation. Synopsis of, 269 Form Preceding a Bill, 210 Introduction to the Manual, 199 Laws, Manner of Enacting, 213 Legislatures, Meeting of in each State, 880 Librarian, Duties of, .235 Messages, Form of, &c,, ..*.... 209 Meetings, Called, &c. 220 Method, Necessity for, ........ 214 Motions, When put, &c., 264 Naturalization Laws, Respecting, 273 Organization, Manner of, 204 Officer, Presiding Respecting, ,..... 206 ' Duties of, 229 Proceedings, Manner of Called Meetings, 227 Postponement, Indefinite and Certain, ..... 261 Questions, Precedence of, 247 " Character of, 266 Previous, 252 " Division of, 260 " Not Debatable, 259 Quorum, Respecting, ....*... 265 Report of a Committee, ........ 245 Rhetorical Arrangement, Appendix, . . . 2 Reconsider, Motion to, ....... 262 Secretary, Duties of, ....... 232 Societies, Directions for, ".. . . . . 202 Societies, Literary Form for, 216 Treasurer, Duties of, 234 Yeas and Nays, ......... 22C ' 28 RECOMMENDATIONS. I have examined the "American Manual" with much interest, and it gives me pleasure to say that 1 highly approve of it. A text-book prepared by a man so distinguished for scholar- ship, experience, and success in teaching, as President Burleigh, cannot fail to secure uni- versal favour. The general arrangement of the work is regular. The marginal exer- cises and questions placed at the foot of each page, greatly facilitate the labour both of the teacher and scholar, and serve to interest the mind of the latter, in the acquisition of know- ledge. The statistical tables are also valuable, and the appendix serves as a key to the whole work, which renders it complete. It is a book which, in my opinion, should be placed in the hands of every American citizen. ROBERT KERR, Principal of West. Female High-School, Bait. I have examined with care the "American Manual." The chasteness of thought, and simplicity of style, in the articles accompanying the Constitution, highly recom- mend its use as a school-book. The marginal exercises are a new and im- portant feature, which, I am convinced, will aid the teacher very much in his arduous la- bours, by exciting the pupils to investigate and reflect. This arrangement will also enable them, by easy and gradual steps, to obtain a great command of language. 1 hope, therefore, it may receive a circula- tion commensurate to its merits. D. A. HOLUNGSHEAD, ^Instructor of History and Belles- Lettres in the Western Female High School, Bait. I fully concur in the foregoing recommenda- tion. JAMES HARSHAW, Prin. Pub. Sck. No. 9. Gentlemen: I have examined President Burleigh's "Commentary on the Constitution of the United States." 1 consider it the best work of the kind extant ; and it is, beyond a doubt, admirably adapted to the use of schools. The style is neat, perspicuous and elegant; and the marginal exercises will be found to confer a benefit similar to that derived from the study of the ancient languages. I shall introduce the book into my school early in September next. D. JONES, Prin. Classical Academy, Eutaw Street, Bait. Gentlemen: I have, with great pleasure, examined the "American Manual." and am prepared to say that it is every thing it purports to be. The design and execution are both ad- mirable. If it be desirable that our civil du- ties and relations should form a subject of study in elementary schools, (and that they should, I presume, no one will pretend to doubt,) President Burleigh has unquestionably accomplished a most laudable work. His questions are well adapted to the subject matter, and will have the effect of drawing the mind of the youngest learner to it; while his marginal exercises cannot fail to achieve that which every teacher feels to be a desidera- tum, to wit, the means of compelling pupils to attend to the import of words. As the best proof of my entire i probation of the work, I shall take the first opportunity to organize a class with that as a text-book. M. SPENCER, Principal of the Mat/land Institute. I cordially concur in the above recommenda- tion. BENJAMIN G. FRY, Prmcipal of Union Female Seminary, No. 30 Hanover Street, Baltimore. 1 have critically examined the American Manual. Having taken much pains in ascer- taining the true tenor of the republican insti- tutions of my adopted country, I had previously read the leading authors on government with much satisfaction, but 1 have not met with nay work in any language, that so clearly, so con- cisely, and so beautifully conveys to the mind, the principles of political science. The mar- ginal exercises afford much and valuable as- sistance to the foreigner in acquiring a know- ledge of the English language. The exercises also afford to the mental powers a similar dis- cipline that is obtained in studying the ancient classics. The questions are so remarkably well adapted to the subject, that, while they assist the teacher, they also lead the pupils to reason and reflect for themselves. 1 hope the Manual will be not only univers- ally used in America, but also in Europe. A. FREITAG, L.L. D. Professor of Modern Languages in the Cen- tral High School, and of German in St. Mary's College. I have carefully examined the American Manual. The general plan in putting questions to make the pupils see the cause and result, is the same that 1 myself have pursued for many years past, and I need hardly say that the work meets my most unqualified approval. The conciseness and beauty of the style, the unequalled excellence of the marginal exer- cises in drawing out the mind, and thoroughly disciplining the mental powers, and training the pupils to reason with accuracy and preci- sion, renders it, in my opinion, the best school- book extant. 1 shall introduce the work into the Seminary over which 1 preside at the commencement of the next session. D. R. ASHTON, Fifth below Arch St. Philadelphia, July 5th, 184& I have examined the American Manual, and heartily concur with Professor Ashton in re- gard to its merits, and shall also introduce it RECOMMENDATIONS. 29 into the French Seminary for Young Ladies, over which I preside. C. P1COT, No. 15 Washington Square After a very careful examination of the American Manual, by J. B. Burleigh, I can freely .>;:> that I consider it a performance of superior excellence. It embodies a fund of in- formation, surpassing in importance and va- riety that of any other work which has come under my notice. It is happily adapted to the wants of children in famines, pupils in com- mon schools, and students in higher semina- ries ; it is also equally well calculated to afford entertainment and instruction to adults in every sphere of life. JOHN ALLEN, Principal of the Female Seminary, No. 274 North Seventh Street. Extract of a Tetter from Professor Brooks. The comprehensive view of politics in gene- ral, winch the American Manual presents, its excellent commentary on the Constitution of our Republic, and the dear exposition of the duties of magistrates and citizens, the sound morals which it inculcates, with its questions, marginal exercises, itc., entitle it to high con- sideration. 1 take great pleasure in commend- ing it to the public, and especially to those engaged m the education of youth. N. C. BROOKS, Principal of the Bait. Central High School. We heartily concur with Professor Brooks in the above recommendation. JAMES M'INTIRE, Profrssor of Mathematics. EDWARD DUFFY. Professor of Belies Lettres. We have examined the American Manual with a great deal of pleasure, and as a text- book for school purposes it is unquestionably one of great merit. We think that Mr. Bur- leiu'U has placed the profession under deep obligation. The arrangement of the book is such as greatly to facilitate the labour of in- struction, and no candid mind can look over its pages without coming to the conclusion, that the work is the best of any yet published to promote among pupils generally an exact and thorough knowledge of the principles of Republican government. WM. R. CREERY. Prin. Male Pub. School, No. 6. TIMOTHY CR1MMIN, Teacher of Mathematics. M. CONNOLLY, Prin. Male J'ublic Srhnol, No. L M. MTONKY, Pnn. Female Public School, No. 1. E. ADAMS. -, Prin. Female Pub School, No. (T R. CONNOLLY, Prin. Male Pub. School, No. 3. Baltimore, June 14th, 1848. Having examined the American Manual by J. B. Burleigh, I think it a work superior to any 1 have met with upon the same subject, admirably adapted to the purpose for which it the right mode, by connecting each reading exercise with reflection and investigation. The work is exceedingly valuable as a school book, and scarcely less so as a convenient, well-arranged, family reference book. So far as my observa- tion extends no school book is so well calcu- lated to enlarge and ennoble the mind of youth as the American Manual. Extract of a Litter from Professor Gilbert Coombs, Philadelphia. The examination of the American Manual has been decidedly a work of pleasure. If for no other cause, the youth of our day have reason to hold the author's name in high esteem, for the f.:paration of this invaluable work. 30 RECOMMENDATIONS. Extract of a Letter from Thos. W. Dttffield, Esq., one of the School Directors, oj Frankjvrd, Pa. The Manual is an invaluable work, admira- bly adapted to the purposes designed, and one that cannot fail to "incite an interest in the philosophy of our language." It needs but a perusal to a due appreciation of its merits. The policy of the Government can never descend to a medium standard if our youth have placed in their hands for study the American Manual. Extract of a Letter from Professor J. L. Van Doren of Philadelphia. It would give me ereat pleasure to see the Manual introduced into all the common schools arid academies in our land. Extract from the Gazette of the Union. This Manual of Mr. Burleigh's is, in our opinion, the most valuable school book that has issued from the prolific American press in many years The history of the origin of po- litical power, which Mr. Burleigh has so briefly and comprehensively presented, cannot fail m exercising; a most salutary influence upon the minds of the young, in rendering more perfect and thorough their conceptions of the philoso- phy of Government. The valuable statistical tables given in the appendix, which the author must have been at very great care and trouble to collect, will be not only useful to the young, but must, we think, render the work of the greatest value to business men, and to all who would have information on nearly everything which pertains to Government, Commerce, Mechanics, Science, the Arts, Exports, His- tory, and every species of statistical knowledge. As a school book, the value of the Manual is much increased by the fact that numerous questions are given in an unique marginal ar- rangement, by which the skill of the pupils is much exercised in mentally tracing the analogy of synonymy, thus rendering perfect their knowledge of the language. Extract from the Baltimore Sun. The American Manual cannot fail to com- mand general favour, and will be a very useful acquisition to "schools, academies, and the public." Extract from the Church Times. The American Manual must become very popular, and furnish perhaps a model fur school books upon other subjects. Extract from the Baltimore Patriot. For the training of youth, the American Manual is one of the best books we have ever met with. The effect of its use is to send forth the American citizen well instructed in the doctrines and duties that appertain to his high character, and prepared for the performance of the obligations required of him by the go- vernmen*. of his country. For the accomplish- ment of this important object, the Manual is well adapted ; setting forth, as it does, the science of government, and particularly the features of the American government, in plain and faniiliar terms. The effect of its extensive use must be to elevate our national character, by preparing the American boy to act the part of a sovereign citizen, either in the place of authority as an officer, or as a private indivi- dual; and the American girl for enunciation at the fireside of the principles of true patriotism and virtue. Extract of a Letter from Prof. Jos. H. Clark, Baltimore. , The Manual offers to the young tyro in its marginal exercises every desirable facility to- wards understanding the subject-matter well. Extract from the Lutheran Observer. We have met with nothing in the Manual that should give offence either to the "iberal Christian or the enlightened politician; but with much, very much, which both must heartily commend. The principles inculcated are sound, and tend to the improvement of the heart as well as the enlightenment of the mind. It advocates the rights and privileges of the people, sets forth, in strong and vivid colours, their duties, and throughout exhibits and illus- trates the paramount necessity of popular education, and of the universal diffusion of light and knowledge. Extract of a Letter from Harlow W. Heath, L. L. D., for many years Secretary of the Board of School Commissioners of Nelson County, Virginia. The author has, in my opinion, prepared a work which should be introduced into all our schools and seminaries of learning, and placed in the hands of every citizen; the comprehen- sive view of politics which the American Manual presents, its excellent commentary on the Constitution, the clear exposition of the duties of magistrates and voters, the high tone of moral sentiment which it contains, with the excellent arrangement and plan of the work, admirably fits it to meet the wants of all in appreciating and understanding the real nature of the bond of our glorious Re- public. Extract of a Letter from Professor Sieker. The author has evidently expended much labour and research upon the work. The youth of our country cannot fail to acquire through it a complete knowledge of the form of our government; the true cause of our power, prosperity, and happiness as a nation, and which, being based on the intelligence of the people, they cannot too well understand. The character, nature, and history of our go- vernment are presented in a clear and suc- cint manner, and with the marginal exercises J:i most excellent feature in the book), and valuable statistical tables in the appendix, which alone make the work highly useful to every business man in the Union. The Ame- rican Manual altogether is just such a work as 1 should tike to see in the hands of every teacher and scholar in our male and female seminaries. EDWARD A. SIEKER, Principal of the Eastern Female Public High School, of Baltimore. FAREWELL ADDRESS.* FRIENDS, AND FELLOW-CITIZENS : THE period for a new election of a Citizen, to admi- nister the Executive Government of the United States, being not far distant, and the time actually arrived, when your thoughts must be employed in designating the person, who is to be clothed with that important trust [*]* it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed, to decline being considered among the number of those, out of whom a choice is to be made. I beg you, at the same time, to do me the justice to be assured, that this resolution has not been taken, without a strict regard to all the considerations apper- taining to the relation, which binds a dutiful citizen to his country and that, in withdrawing the tender of service which silence in my situation might imply, I am influenced by no diminution of zeal for your future interest, no deficiency of grateful respect for your past kindness ; but [am supported by] 2 a full conviction that the step is compatible with both. * Figures and brackets do not appear in the original, but are here used to show where emendations were made by WASHINGTON ; which prove his great care and prudence in preparing the address, as well as his exceeding anxiety to transmit in unsullied purity THE CONSTITUTION, and ITS REPUBLICAN FORM OF GOVERNMENT. JQ^ See page 29. A figure, inside of the bracket, thus [1], denotes erasure ; but a word or words inside of the bracket denote that some other word or words were substituted by WASHINGTON instead of those which he had previously written. ~T* (S>~ A LITERAL COPY OP THE ORIGINAL The acceptance of, and continuance hitherto in, the office to which your suffrages have twice called me, have been a uniform sacrifice of inclination to the opi- nion of duty, and to a deference for what appeared to be your desire. I constantly hoped, that it would have been much earlier in my power, consistently with mo- tives, which I was not at liberty to disregard, to return to that retirement, from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last election, had even led to the pre- paration of an address to declare it to you ; but mature reflection on the then perplexed and critical posture of our affairs with foreign Nations, and the unanimous advice of persons entitled to my confidence, impelled me to abandon the idea. I rejoice that the state of your concerns, external as well as internal, no longer renders the pursuit of incli- nation incompatible with the sentiment of duty, or propriety; and [am persuaded] 3 whatever partiality [may be retained] 4 for my services, [that] 5 in the pre- sent circumstances of our country [you] 6 will not dis- approve my determination to retire. The impressions, [with] 7 w r hich, I first [undertook] 8 the arduous trust, were explained on the proper occa- sion. In the discharge of this trust, I will only say, that I have, with good intentions, contributed [towards] 9 the organization and administration of the government, the best exertions of which a very fallible judgment w r as capable Not unconscious, in the outset, of the inferiority of my qualifications, experience in my own eyes, [perhaps] 9 * still more in the eyes of others, has [strengthened] 10 the motives to diffidence of myself; and every day the increasing weight of years admo- FAREWELL ADDRESS OP WASHINGTON. nishes me more and more, that the shade of retirement is as necessary to me as it will be welcome. Satisfied that if any circumstances have given peculiar value to my services, they were temporary, I have the consola- tion to believe, that while choice and prudence invite me to quit the political scene, patriotism does not for- bid it. ["] In looking forward to the moment, which is [in- tended] 11 * to terminate the career of my public life, my feelings do not permit me to suspend the deep acknow- ledgment [of] 12 that debt of gratitude which I owe to my beloved country, for the many honors it has con- ferred upon me ; still more for the stedfast confidence with which it has supported me ; and for the opportu- nities I have thence enjoyed of manifesting my invio- lable attachment, by services faithful and persevering, though [in usefulness unequal] 13 to my zeal. If bene- fits have resulted to our country from these services, let it always be remembered to your praise, and as an instructive example in our annals, that, [ I4 ] under circumstances in which the Passions agitated in every direction were liable to [mislead], 15 amidst appearances sometimes dubious, vicissitudes of fortune often dis- couraging, in situations in which not unfrequently want of success has countenanced the spirit of criticism [the constancy of your support] 15 * was the essential prop of the efforts and [a] 16 guarantee of the plans by which they were effected. Profoundly penetrated with . this idea, I shall carry it with me to the grave, as a strong incitement to unceasing vows [ 17 ] that Heaven may continue to you the choicest tokens of its beneficence that your union and brotherly affection may be per- petual that the free constitution, which is the work A LITERAL COPY OF THE ORIGINAL of your hands, may be sacredly maintained that its administration in every department may be stamped with wisdom and virtue that, in fine, the happiness of the people of these States, under the auspices of liberty, may be made complete, by so careful a preser- vation and so prudent a use of this blessing as will ac- quire to them the glory [ I8 ] of recommending it to the applause, the affection, and adoption of every nation which is yet a stranger to it. Here, perhaps, I ought to stop. But a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger, natural to that solici- tude, [urge me on an occasion like the present, to offer] 19 to your solemn contemplation, and to recommend to your frequent review, some sentiments; which are the result of much reflection, of no inconsiderable observa- tion, [ 20 ] and which appear to me all important to the permanency of your felicity as a People. These will be offered to you with the more freedom as you can only see in them, the disinterested warnings of a part- ing friend, who can [possibly] 21 have no personal mo- tive to bias his counsels. [Nor can I forget, as an encouragement to it your indulgent reception of my sentiments on a former and not dissimilar occasion.] 2 ' Interwoven as is the love of liberty with every liga- ment of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment. The Unity of Government which constitutes you one people, is also now dear to you. It is justly so; for it is a main Pillar in the Edifice of your real independence; [the support] of your tranquillity at home; your peace abroad; of your safety; [ 23 ] of your prosperity [ 24 ] ; of that very Liberty which you FAREWELL ADDRESS OP WASHINGTON. so highly prize. But as it is easy to foresee, that from [different] 25 causes, and from different quarters, much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth; as this is the point in your [political] 26 fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment, that you should properly estimate the immense value of your national Union to your collective and individual happiness; that you should cherish [ 27 ] a cordial, habitual, and immoveable attachment [to it, accustom- ing yourselves to think and speak of it as of the Pal- ladium of your political safety and prosperity; watch- ing for its preservation with jealous anxiety ; discoun- tenancing whatever may suggest even a suspicion that it can in any event be abandoned, and indignantly frowning upon the first dawning of every attempt to alienate any portion of our Country from the rest, or to enfeeble the sacred ties which now link together the various parts.]- 3 For this you have every inducement of sympathy and interest. Citizens [by birth or choice of a com- mon country], 29 that country has a right to concen- trate your affections. The name of AMERICAN, which belongs to you, in your national capacity, must always exalt the just pride of Patriotism, more than any appellation [ M ] derived from local discrimina- tions. With slight shades of difference, you have the same Religion, Manners, Habits, and political Principles. You have in a common cause fought and triumphed together. The Independence and Liberty you possess are the work of joint councils, 10 A LITERAL COPY OF THE ORIGINAL and joint efforts of common dangers, sufferings and successes. But these considerations, however powerfully they address themselves to your sensibility, are greatly out- weighed by those which apply more immediately to your Interest. Here every portion of our country finds the most commanding motives for carefully guarding and preserving the Union of the whole. The North in an [unrestrained] 31 intercourse with the /South, protected by the equal Laws of a common government, finds in the productions of the latter [^j great additional resources of maritime and commercial enterprise and precious materials of manufacturing industry. The /South in the same intercourse, benefit- ing by the agency of the North, sees its agriculture grow and its commerce expand. Turning partly into its own channels the seamen of the North, it finds its particular navigation envigorated ; and while it con- tributes, in different ways, to nourish and increase the general mass of the national navigation, it looks for- ward to the protection of a maritime strength to which itself is unequally adapted. The East, in a like inter- course with the West, already finds, and in the pro- gressive improvement of interior communications, by land and water, will more and more find, a valuable vent for the commodities which it brings from abroad, or manufactures at home. The West derives from the East supplies requisite to its growth and comfort, and what is perhaps of still greater consequence, it must of necessity owe the secure enjoyment of indis- pensable outlets for its own productions to the weight, influence, and the future maritime strength of the At- lantic side of the Union, directed by an indissoluble FAREWELL ADDRESS OF WASHINGTON. ll community of interest, as one Nation. [Any other] 33 tenure by which the West can hold this essential ad- vantage, [whether derived] 34 from its own separate strength, or from an apostate and unnatural connection with any foreign Power, must be intrinsically preca- rious. [ ** ] [ M ] While [then] every part of our Country thus [feels] 37 an immediate and particular interest in Union, all the parts 38 [combined cannot fail to find] in the united mass of means and efforts [ M ] greater strength, greater resource, proportionably greater security from external danger, a less frequent interruption of their Peace by foreign Nations ; and, [what is] 40 of inesti- mable value ! they must derive from Union an exemp- tion from those broils and wars between themselves, which [so frequently] 41 afflict neighbouring countries, not tied together by the same government ; which their own rivalships alone would be sufficient to produce ; but which opposite foreign alliances, attachments and intrigues would stimulate and embitter. Hence like- wise they will avoid the necessity of those overgrown Military establishments, which under any form of Go- vernment are inauspicious to liberty, and which [are to be regarded] 42 as particularly hostile to Republican Liberty : In this sense it is, that your Union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preser- vation of the other. These considerations speak a persuasive language to [every] 43 reflecting and virtuous mind, [and] 44 exhi- bit the continuance of the UNION as a primary object op Patriotic desire. Is there a doubt, whether a com- mon government can embrace so large a sphere ? Let 12 A LITERAL COPY OP THE ORIGINAL experience solve it. To listen to mere speculation in such a case were criminal. [We are authorised] 45 to hope that a proper organization of the whole, with the auxiliary agency of governments for the respective sub- divisions, will afford a happy issue to the experiment. 'Tis well worth a fair and full experiment. [ 4G ] "With such powerful and obvious motives to Union, [affect- ing] 47 all parts of our country [ 48 ], while experience shall not have demonstrated its impracticability, there will always be [reason] 49 to distrust the patriotism of those, who in any quarter may endeavour to weaken its bands. [ 50 ] In contemplating the causes which may disturb our Union, it occurs as matter of serious concern, that [any ground should have been furnished for characterizing parties by] 51 Geographical discriminations Northern and Southern Atlantic and Western ; [whence design- ing men may endeavour to excite a belief that there is a real difference of local interests and views.] 52 One of the expedients of Party to acquire influence, within particular districts, is to misrepresent the opinions and aims of other districts. You cannot shield yourselves too much against the jealousies and heart burnings which spring from these misrepresentations ; They tend to render alien to each other those who ought to be bound together by fraternal affection. The inhabit- ants of our Western country have lately had a useful lesson on this [head]. 53 They have seen, in the nego- tiation by the Executive, and in the unanimous ratifi- cation by the Senate, of the Treaty with Spain, and in the universal satisfaction of that event, throughout the United States, a decisive proof how unfounded were the suspicions propagated among them of a policy in FAREWELL ADDRESS OF WASHINGTON. 13 the General Government and in the Atlantic States unfriendly to their interests in regard to the MISSIS- SIPPI. They have been witnesses to the formation of two Treaties, that with G. Britain, and that with Spain, which secure to them every thing they could desire, in respect to our Foreign Relations, towards confirming their prosperity. Will it not be their wisdom to rely for the preservation of these advantages on the UNION by which they were procured ? Will they not hence- forth be deaf to those advisers, if such there are, who would sever them from their Brethren, and connect them with Aliens ? To the efficacy and permanency of your Union, a Government for the whole is indispensable. No alli- ances however strict between the parts can be an ade- ' quate substitute. They must inevitably experience the infractions and interruptions which all alliances in all times have experienced. Sensible of this moment- ous truth, you have improved upon your first essay, by the adoption of a Constitution of Government, better calculated than your former for an intimate Union, and for the efficacious management of your common concerns. This government, the offspring of our own choice uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers, unit- ing security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. Respect for its authority, compliance with its Laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true Liberty. The basis of our political systems is the right of the people to make and to alter 14 A LITERAL COPY OP THE ORIGINAL their Constitutions of Government. But the Constitu- tion which at any time exists, 'till changed by an ex- plicit and authentic act of the whole People, is sacredly obligatory upon all. The very idea of the power and the right of the People to establish Government, pre- supposes the duty of every individual to obey the esta- blished Government. All obstructions to the execution of the Laws, all combinations and associations, under whatever plausi- ble character, with [the real] 54 design to direct, con- troul, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force to put, [ 55 ] in the place of the delegated will of the Nation, the will of a party ; often a small but artful and enterprizing minority of the community ; and, according to the alternate tri- umphs of different parties, to make the public admi- nistration the mirror of the ill-concerted and incongru- ous projects of faction, rather than the organ of con- sistent and wholesome plans digested by common councils and modified by mutual interests. However combinations or associations of the above description may now and then answer popular ends, [ 56 ] they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious and un- principled men will be enabled to subvert the Power of the People and to usurp for themselves the reins of Government ; destroying afterwards the very engines which have lifted them to unjust dominion. Towards the preservation of your Government and the permanency of your present happy state, it is re- FAREWELL ADDRESS OP WASHINGTON. 15 quisite, not only that you steadily discountenance irre- gular oppositions to its acknowledged authority, but also that you resist with care [the] 57 spirit of innova- tion upon its principles however specious the pretexts. One method of assault may be to effect, in the forms of the Constitution, alterations which will impair the energy of the system, [and thus to] 58 undermine what cannot be directly overthrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of Governments, as of other human institutions that experience is the surest standard, by which to test the real tendency of the existing Constitution of a Country that facility in changes upon the credit of mere hy- pothesis and opinion exposes to perpetual change, from the endless variety of hypothesis and opinion : and remember, especially, that for the efficient management of your common interests, in a country so extensive as ours, a Government of as much vigour as is con- sistent with the perfect security of Liberty is indis- pensable Liberty itself will find in such a Govern- ment, with powers properly distributed and adjusted, its surest Guardian. [It is indeed little else than a name, where the Government is too feeble to withstand the enterprises of faction, to confine each member of the Society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property.] 59 I have already intimated to you the danger of Parties in the State, with particular reference to the founding of them on Geographical discriminations. Let me now take a more comprehensive view, and warn you in the 16 A LITERAL COPY OP THE ORIGINAL most solemn manner against the baneful effects of the Spirit of Party, generally. This Spirit, unfortunately, is inseparable from [our] 60 nature, having its root in the strongest passions of the [human] 60 *mind. It exists under different shapes in all Governments, more or less stifled, controuled or re- pressed ; but in those of the popular form it is seen in its greatest rankness, and is truly their worst enemy. [ 61 ] The alternate domination of one faction over an- other, sharpened by the spirit of revenge natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries, which result, gradually incline the minds of men to seek security and repose in the absolute power of an Individual : and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty. Without looking forward to an extremity of this kind, (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of Party are sufficient to make it the interest and -the duty of a wise People to discourage and re- strain it. It serves always to distract the Public Councils and enfeeble the Public administration. It agitates the community with ill founded jealousies and false alarms, kindles the animosity of one part against another, fo- ments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access [to the Government itself through FAREWELL ADDRESS OP WASHINGTON. 17 the channels of party passions. Thus, the policy and the will of one country, are subjected to the policy and will of another.] 62 There is an opinion that parties in free countries are useful checks upon the Administration of the Go- vernment, and serve to keep alive the Spirit of Liberty. This within certain limits is probably true and in Governments of a Monarchical cast, Patriotism may look with indulgence, if not with favour, upon the spirit of party. But in those of the popular character, in Governments purely elective, it is a spirit not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose, and there being constant danger of excess, the effort ought to be, by force of public opi- nion, to mitigate and assuage it. A fire not to be quenched ; it demands a uniform vigilance to prevent its bursting into a flame, lest, [instead of warming, it should] 63 consume. It is important, likewise, that the habits of thinking in a free country should inspire caution in those en- trusted with its administration, to confine themselves within their respective constitutional spheres ; avoiding in the exercise of the powers of one department to en- croach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, [ 64 ] whatever [the form of government, a real] 65 despotism. A just estimate of that love of power, and* [^ proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The neces- sity of reciprocal checks in the exercise of political power, by dividing and distributing it into different 18 A LITERAL COPY OF THE ORIGINAL depositories, and constituting each the Guardian of the Public Weal [against] 07 invasions by the others, has been evinced by experiments ancient and modern ; some of them in our country and under our own eyes. To preserve them must be as necessary as to insti- tute them. If in the opinion of the People, the distri- bution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution desig- nates. But let there be no change by usurpation ; for though this, in one instance, may be the instrument of good, it is the [customary] 68 weapon by which free governments are destroyed. The precedent [ 69 ] must always greatly overbalance in permanent evil any par- tial or [transient] 70 benefit which the use [ 71 ] can at any time yield. Of all the dispositions and habits which lead to poli- tical prosperity, Religion and morality are indispensa- ble supports. In vain would that man claim the tri- bute of Patriotism, who should labour to subvert these great Pillars of human happiness, these firmest props of the duties of Men and Citizens. The mere Politi- cian, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investi- gation in Courts of Justice ? And let us with caution indulge the supposition, that morality can be main- tained without religion. Whatever may be conceded to the influence of refined education on minds of pecu- liar structure reason and experience both forbid us FAREWELL ADDRESS OP WASHINGTON. 19 to expect that national morality can prevail in exclu- sion of religious principle. 'Tis substantially true, that virtue or morality is a necessary spring of popular government. The rule indeed extends with more or less force to every species of Free Government. Who that is a sincere friend to it, can look with indifference upon attempts to shake the foundation of the fabric ? [Promote then as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened.] ra As a very important source of strength and security, cherish public credit. One method of preserving it is to use it as [sparingly] 73 as possible : avoiding occa- sions of expense by cultivating peace, but remembering also that timely disbursements to prepare for danger frequently prevent much greater disbursements to repel it avoiding likewise the accumulation of debt, not only by [shunning] 74 occasions of expense, but by vi- gorous exertions in time of Peace to discharge the debts which unavoidable wars may have occasioned, not ungenerously throwing upon posterity the burthen which we ourselves ought to bear. The execution of these maxims belongs to your Representatives, but it is necessary that public opinion should [co-operate.] 75 To facilitate to them the performance of their duty, it is essential that you should practically bear in mind, that towards the payment of debts there must be Re- venue that to have Revenue there must be taxes that no taxes can be devised which are not more or less inconvenient and unpleasant that the intrinsic 20 A LITERAL COPY OF THE ORIGINAL embarrassment inseparable from the selection of the proper objects (which is always a choice of difficulties) ought to be a decisive motive for a candid construction of the conduct of the Government in making it, and for a spirit of acquiescence in the measures for obtain- ing Revenue which the public exigencies may at any time dictate. Observe good faith and justice towards all Nations, f 76 ] Cultivate peace and harmony with all. Religion and morality enjoin this conduct ; and can it be that good policy does not equally enjoin it? It will be worthy of a free, enlightened, and, at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a People always guided by an exalted justice and benevolence. Who can doubt that in the course of time and things, the fruits of such a plan would richly repay any temporary advantages which might be lost by a steady adherence to it ? Can it be, that Providence has not connected the permanent feli- city of a Nation with its virtue ? The experiment, at least, is recommended by every sentiment which enno- bles human nature. Alas ! is it rendered impossible by its vices ? In the execution of such a plan nothing is more es- sential than that [permanent, inveterate] 77 antipathies against particular nations and passionate attachments for others should be excluded ; and that in place of them just and amicable feelings towards all should be cultivated. The Nation, which indulges towards an- other [an] 78 habitual hatred or [an] 79 habitual fond- ness, is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest. Anti- FAREWELL ADDRESS OF WASHINGTON. 21 pathy in one Nation against another [ 80 ] disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and in- tractable, when accidental or trifling occasions of dis- , pute occur. Hence frequent collisions, obstinate, en- venomed and bloody contests. The Nation prompted by ill-will and resentment sometimes impels to War the Government, contrary to [the best]* 1 calculations of policy. The Government sometimes participates in the [national] 82 propensity, and adopts through passion what reason would reject ; at other times, it makes the animosity of the Nation subservient to projects of hostility instigated by pride, ambition, and other sinis- ter and pernicious motives. The peace often, some- times perhaps the Liberty, of Nations has been the victim. So likewise a passionate attachment of one Nation for another produces a variety of evils. Sympathy for the favourite nation, facilitating the illusion of an ima- ginary common interest in cases where no real common interest exists, and infusing into one [ 83 ] the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter, without adequate inducement or justification : It leads also to concessions to the favourite Nation of privileges denied to others, which is apt doubly to injure the Nation making the concessions ; [ 84 ] by unnecessarily parting with what ought to have been retained, [ M ] and by exciting jea- lousy, ill-will, and a disposition to retaliate, in the par- ties from whom equal privileges are withheld ; and it gives to ambitious, corrupted, or deluded citizens (who devote themselves to the favourite Nation) facility to betray, or sacrifice the interests of their own country, 22 A LITERAL COPY OF THE ORIGINAL without odium, sometimes even with popularity: - gilding with the appearances of a virtuous sense of ob- ligation, a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption or infatuation. As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent Patriot.- How many op- portunities do they afford to tamper with domestic fac- tions, to practise the arts of seduction, to mislead public opinion, to influence or awe the public councils ! Such an attachment of a small or weak, towards a great and powerful nation, dooms the former to be the satellite of the latter. Against the insidious w r iles of foreign influence, [I conjure you to] 86 believe me, [fellow citizens], 87 the jealousy of a free people ought to be \constantlyY* awake, since history and experience prove that foreign influence is one of the most baneful foes of Republican Government. But that jealousy to be useful must be impartial ; else it becomes the instrument of the very influence to be avoided, instead of a defence against it. Excessive partiality for one foreign nation and ex- cessive dislike of another, cause those whom they ac- tuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real Patriots, who may resist the intrigues of the fa- vourite, are liable to become suspected and odious; while its tools and dupes usurp the applause and con- fidence of the people, to surrender their interests. The great rule of conduct for us, in regard to foreign Nations is, [in extending our commercial relations], 89 to have with them as little Political connection as pos- FAREWELL ADDRESS OF WASHINGTON. 23 sible. So far as we have already formed engagements let them be fulfilled with [ 90 ] perfect good faith. Here let us stop. Europe has a set of primary interests, which to us have none, or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence therefore it must be unwise in us to implicate ourselves by [ 91 ] artificial [ties] 92 in the ordinary vicissitudes of her politics, [or] 93 the ordinary combinations and col- lisions of her friendships, or enmities. Our detached and distant situation invites and en- ables us to pursue a different course. If we remain one People, under an efficient government, the period is not far off, when we may defy material injury from external annoyance ; when we may take such an atti- tude as will cause the neutrality we may at any time resolve [upon] 94 to be scrupulously respected. When [ 95 ] belligerent nations, under the impossibility of making acquisitions upon us, will [not] 96 lightly hazard the giving us provocation [ 97 ] ; when we may choose peace or war, as our interest guided by [ 98 ] justice shall counsel. Why forego the advantages of so peculiar a situa- tion ? Why quit our own to stand upon foreign ground ? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and pros- perity in the toils of European ambition, rivalship, in- terest, humour or caprice ? 'T is our true policy to steer clear of permanent alli- ances, [ " ] with any portion of the foreign world ; so far, I mean, as we are now at liberty to do it for let me not be understood as capable of patronizing infidel- 24 A LITERAL COPY OF THE ORIGINAL ity to [existing] 100 engagements, ([I hold the maxim no less applicable to public than to private affairs], 101 that honesty is [always] 102 the best policy.) [I repeat it therefore let those engagements] 103 be observed in their genuine sense. But in my opinion it is unneces- sary and would be unwise to extend them. Taking care always to keep ourselves, by suitable establishments, on a respectable defensive posture, we may safely trust to [temporary] 104 alliances for extraor- dinary emergencies. Harmony, liberal intercourse with all Nations, are recommended by policy, humanity and interest. But even our commercial policy should hold an equal and impartial hand : neither seeking nor granting exclu- sive favours or preferences; consulting the natural course of things ; diffusing and diversifying by gentle means the streams of commerce, but forcing nothing ; establishing with Powers so disposed in order to give to trade a stable course, to define the rights of our Merchants, and to enable the Government to support them conventional rules of intercourse, the best that present circumstances and mutual opinion will permit ; but temporary, and liable to be from time to time abandoned or varied, as experience and circumstances shall dictate ; constantly keeping in view, that 'tis folly in one nation to look for disinterested favors [from] 105 another, that it must pay with a portion of its inde- pendence for whatever it may accept under that cha- racter that by such acceptance, it may place itself in the condition of having given equivalents for nominal favours and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect, or calculate upon real favours from FAREWELL ADDRESS OP WASHINGTON. 25 Nation to Nation. 'T is an illusion which experience must cure, which a just pride ought to discard. In offering to you, my Countrymen, these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression, I could wish, that they will controul the usual current of the passions, or prevent our Nation from running the course which has hitherto marked the destiny of Nations. But if I may even flatter myself, that they may be productive of some partial benefit; some occasional good ; that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigue, to guard against the impostures of pretended patriotism, this hope will be a full recom- pense for the solicitude for your welfare, by which they have been dictated. How far in the discharge of my official duties, I have been guided by the principles which have been delineated, the public Records and other evidences of my conduct must witness to You, and to the World. To myself, the assurance of my own conscience is, that I have at least believed myself to be guided by them. In relation to the still subsisting War in Europe, my Proclamation of the 22d of April 1793 is the index to my plan. Sanctioned by your approving voice and by that of Your Representatives in both Houses of Con- gress, the spirit of that measure has continually go- verned me : uninfluenced by any attempts to deter or divert me from it. After deliberate examination with the aid of the best lights I could obtain, [ m ] I was well satisfied that our country, under all the circumstances of the case, had a right to take, and was bound in duty and inter- 26 A LITERAL COPY OF THE ORIGINAL est, to take a Neutral position. Having taken it, I determined, as far as should depend upon me, to main- tain it, with moderation, perseverance and firmness. [The considerations which respect the right to hold this conduct, [it is not necessary] 107 on this occasion [to detail]. 108 I will only observe, that according to my understanding of the matter, that right, so far from being denied by any of the Belligerent Powers, has been virtually admitted by all. ] 109 The duty of holding a neutral conduct may be in- ferred, without anything more, from the obligation which justice and humanity impose on every Nation, in cases in which it is free to act, to maintain inviolate the relations of Peace and Amity towards other Nations. The inducements of interest for observing that con- duct, will best be referred to your own reflections and experience. With me, a predominant motive has been to endeavour to gain time to our country to settle and mature its yet recent institutions, and to progress with- out interruption to that degree of strength and consist- ency, which is necessary to give it, humanly speaking, the command of its own fortunes. Though in reviewing the incidents of my Adminis- tration, I am unconscious of intentional error I am nevertheless too sensible of my defects not to think it probable that I [may] 110 have committed many errors. [Whatever they may be I] 111 fervently beseech the Almighty to avert or mitigate [the evils to which they may tend.] 112 I shall also carry w r ith me the hope that my country will never cease to view them with indulgence ; and that after forty-five years of my life dedicated to its service, with an upright zeal, the faults FAREWELL ADDRESS OF WASHINGTON. 27 of incompetent abilities will be consigned to oblivion, as myself must soon be to the mansions of rest. [ I13 ] Relying on its kindness in this as in other things, and actuated by that fervent love towards it, which is so natural to a man, who views in it the native soil of himself and his progenitors for [several] 114 generations ; I anticipate with pleasing expectation that retreat, in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow citizens, the benign influence of good Laws under a free Government, the ever favourite object of my heart, and the happy reward, as I trust, of our mutual cares, labours and dangers. [ m ] GS. WASHINGTON. UNITED STATES, IQtk September. f 1796> MATTER EMENDED BY WASHINGTON. The follmcing expressions are those which were first written by Wash- ington, and afterwards erased or changed. What he finally sub- stituted is, in the Address, included inside of the brackets, which are marked by the corresponding figures. 1, For another term. 2, Act under. 3, That. 4, Any por- tion of you may yet retain. 5. Even they. 6, 7, Un- der. 3, Accepted. 9, To. 9.* 1O. Not lessened. 11, May I also have that of knowing in my retreat, that the invo- luntary errors, I have probably committed, have been the sources of no serious or lasting mischief to our country. I may then expect to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow citizens, the benign influence of good laws under a free government; the ever favorite object of my heart, and the happy reward, I trust, of our mutual cares dangers and labours. (In the margin opposite this paragraph is the following note in Washington's Autograph also erased, " obliterated to avoid the imputation of af- fected modesty.") 11 J. 12. Demanded by. 13, Un- equal in usefulness. 14, The constancy of your support. 15, Wander and fluctuate. 15*. 16, The. 17, The only return I can henceforth make. 13. Or satisfaction. 19, Encou- raged by the remembrance of your indulgent reception of my senti- ments on an occasion not dissimilar to the present, urge me to offer. 2O, And experience. 21 t 22. 23, I Q every relation. 24, I Q every shape. 25, Various. 26, 27, Towards it. 28. That you should accustom yourselves to reverence it as the Palladium of your political safety and prosperity, adapting constantly your words and actions to that momentous idea ; that you should watch for its preservation with jealous anxiety, dis- countenance whatever may suggest a suspicion that it can in any event be abandoned ; and frown upon the first dawning of every at- tempt to alienate any portion of our Country from the rest, or to en- feeble the sacred ties which now link together the several parts. 29, Of a common country by birth or choice. 3O. To be. 31, Unfettered. 32. Many of the peculiar. 33. The. 34, Either. 35. Liable every moment to be disturbed by the fluctuating combi- nations of the primary interests of Europe, which must be expected to regulate the conduct of the Nations of which it is composed. 36. And. 37. Finds. 33, Of it. 39. Cannot fail to find. 4Q. Which is an advantage. 41. Inevitably. 42. There is reason to regard. 43. Any. 44. They. 45. 'Tis natural. 46. I fc * The dash denotes that what appears in the Address marked by the cor- responding figure was added. 3* 29 30 MATTER EMENDED BY WASHINGTON. may not impossibly be found, that the spirit of party, the machina- tions of foreign powers, the corruption and ambition of individual citizens are more formidable adversaries to the Unity of our Empire than any inherent difficulties in the scheme. Against these the mounds of national opinion, national sympathy and national jealousy ought to be raised. 47 ( As. 48. Have. 49. Cause in the fact itself. 5O. Besides the more serious causes already hinted as threatening our Union, there is one less dangerous, but sufficiently dangerous to make it prudent to be upon our guard against it. I allude to the pet- ulance of party differences of opinion. It is not uncommon to hear the irritations which these excite vent themselves in declarations that the different parts of the United States are ill affected to each other, in menaces that the Union will be dissolved by this or that measure. Intimations like these are as indiscreet as they are intemperate. Though frequently made with levity and without any really evil inten- tion, they have a tendency to produce the consequence which they in- dicate. They teach the minds of men to consider the Union as pre- carious ; as an object to which they ought not to attach their hopes and fortunes; and thus chill the sentiment in its favour. By alarm- ing the pride of those to whom they are addressed, they set ingenuity to work to depreciate the value of the thing, and to discover reasons of indifference towards it. This is not wise. It will be much wiser to habituate ourselves to reverence the Union as the palladium of our national happiness; to accommodate constantly our words and actions to that idea, and to discountenance whatever may suggest a suspicion that it can in any event be abandoned. (In the margin opposite this paragraph are the words, " Not important enough.") 51, O ur parties for some time past have been too much characterized by. 52, These discriminations, the mere contrivance of the spirit of Party, always dexterous to seize every handle by which the passions can be wielded, and too skilful not to turn to account the sympathy of neighborhood), have furnished an argument against the Union as evidence of a real difference of local interests and views ; and serve to hazard it by organizing larger districts of country, under the leaders of contending factions; whose rivalships, prejudices and schemes of ambition, rather than the true interests of the Country, will direct the use of their influence. If it be possible to correct this poison in the habit of our body politic, it is worthy the endeavours of the moderate and the good to effect it. 53, Subject. 54. 55. !' 56. And purposes. 57. A. 58. To. 59. Owing to you as I do a frank and free disclosure of my heart, I shall not conceal from you the belief I entertain, that your Government as at present constituted is far more likely to prove too feeble than too powerful. CO. Hu- man. 6O, 61, I 11 Republics of narrow extent, it is not difficult for those who at any time hold the reins of Power, and com- mand the ordinary public favor, to overturn the established [consti- tution]* in favor of their own aggrandizement. The same thing may * Order. MATTER EMENDED BY WASHINGTON. 31 likewise be too often accomplished in such Republics, by partial combinations of men, who though not in office, from birth, riches or other sources of distinction, have extraordinary influence and numer- ous [adherents.] 1 By debauching the Military force, by surprising some commanding citadel, or by some other sudden and unforeseen movement the fate of the Republic is decided. But in Republics of large extent, usurpation can scarcely make its way through these avenues. The powers and opportunities of resistance of a wide ex- tended and numerous nation, defy the successful efforts of the ordi- nary Military force, or of any collections which wealth and patronage may call to their aid. In such Republics it is safe to assert, that the conflicts of popular factions are the chief, if not the only inlets, of usurpation and Tyranny. 62, Through the channels of party pas- sions. It frequently subjects the policy of our own country to the policy of some foreign country, and even enslaves the will of our Go- vernment to the will of some foreign Government. 63. It should not only warm, but. 64, Under. 65. Forms, a. 66, The. 67. From. 68, Usual and natural. 69, Of its use. 7O. Tem- porary. 7X. Itself. 72. Cultivate industry and frugality, as auxi- liaries to good morals and sources of private and public prosperity. Is there not room to regret that our propensity to expense exceeds our means for it ? Is there not more luxury among us and more diffu- sively, than suits the actual stage of our national progress ? Whatever may be the apology for luxury in a country, mature in the Arts which are its ministers, and the cause of national opulence can it promote the advantage of a young country, almost wholly agricultural, in the infancy of the arts, and certainly not in the maturity of wealth ? (Over this paragraph in the original a piece of paper is wafered, on which the passage is written as printed in the text.) 73, Little. 74, Avoiding. 75. Coincide. 76. And cultivate peace and harmony with all, for in public as well as in private transactions, I am per- suaded that honesty will always be found to be the best policy. 77. Rooted. 78, A- 79, A.. SO. Begets of course a similar sentiment in that other. 8Z, I ts own. 32 83 Another. 84. Istly. 85, 2dly. 86, 87. My friends. 88, Incessantly. 89, 9O. Circumspection indeed, but with. 91. An. 92. Connection. 93, In. 94. To observe. 95, Nei- ther of two. 96. 97. To throw our weight into the oppo- site scale. 98, Our. 99. Intimate connections. 1OO. Pre-ex- isting. 1O1. For I hold it to be as true in public, as in private transactions. 1O2, 1O3. Those must. 1O4. Occasional. X05, At. 1O6. (And from men disagreeing in their impressions of the origin, progress, and nature of that war.) 1O7. Some of them of a delicate nature would be improperly the subject of explana- tion. 1O3. 1O9. The considerations which respect the right to hold this conduct, some of them of a delicate nature, would be improperly the subject of explanation on this occasion. I will * Retainers. 32 MATTER EMENDED BY WASHINGTON. barely observe that according to my understanding of the matter, that right so far from being denied by any belligerent Power, has been virtually admitted by all. (This paragraph is then erased from the word "conduct," and the following sentence interlined, "would be improperly the subject of particular discussion on this occasion. I will barely observe that to me they appear to be warranted by well- established principles of the Laws of Nations as applicable to the nature of our alliance with France in connection with the circum- stances of War, and the relative situation of the contending Parties." A piece of paper is afterwards wafered over both, on which the para- graph as it stands in the text is written, and on the margin is the following note : " This is the first draft, and it is questionable which of the two is to be preferred.") 110. 111. I deprecate the evils to which they may tend, and. 112. Them. 113. May I without the charge of ostentation add, that neither ambition nor interest has been the impelling cause of my actions that I have never designedly misused any power confided to me nor hesitated to use one, where I thought it could redound to your benefit ? May I without the appearance of affectation say, that the fortune with which I came into office is not bettered otherwise than by the improvement in the value of property which the quick progress and uncommon prosperity *of our country have produced ? May I still further add without breach of delicacy, that I shall retire without cause for a blush, with no sentiments alien to the force of those vows for the hap- piness of his country so natural to a citizen who sees in it the native soil of his progenitors and himself for four generations ? (On the margin opposite this paragraph is the following note : " This para- graph may have the appearance of self-distrust and mere vanity.") 11^, Four. 115. The paragraph beginning with the words, "May I without the charge of ostentation add," having been struck out, the following note is written on the margin of that which is inserted in its place in the text : " Continuation of the paragraph preceding the last ending with the word 'rest/ " THE END.