A manual of legislative practice and order of business in deliberative bodies

Front matter

LEGISLATIVE PRACTICE

ORDER OF BUSINESS

DELIBERATIVE BODIES.

Index

Page.

Assembly, meeting of, ----- 101 to amendments, - - - - - 163

on third reading, - - - - 156

between the two Houses, - - - 161

Bills, proceedings on, - - - - - - 139

signing of, ------ Igg, 172

- in committee of the whole, - - - - 1 44

leave to sit again on, - - - - - - 148

on second reading, - - - - - - 153

— — on third reading, - - - - - -154

returned without signing, - - - - 175 read by title, ------- 190

Business, order of, - - - - - - - 123

Business, itemi of unfinished, ----- 126

IV INDEX.

Page.

Committees, standing, - - - - - - 128

reports of, ----- ib,

reports of select, - - - ib,

additional members added to, - - 128

reports of, amended, - - - - 133

of the whole, - - - - - 182

— — of conference, - - - 165 to compare bills, ----- 172

Constitution, Pennsylvania, ----- 33

Debate, freedom of, ------ 102

Documents, withdrawal of, 128

Elections contested, ------- 191

of governor, ------ ib.

— of representatives, ib.

of senators, ------ ib.

— — of state treasurer, ----- 195

of U. S. senator, 19S

■ opening returns of governor's, - - - 201

Electors of president and vice-president, - 205

Privilege of members, - - - - - -101

Postponement, -------180

Question, privileged, ------ 177

Reconsideration, - - - - - - - 136

Representatives, election of, 92, 97

9 qualification of, . - - 92

1 names of, ib.

1 privilege of, 101

INDEX. V

Page.

Representation, census of, - - - - - 85

1 in senate, ------ ib.

p original, ------- ib.

Rules, of house of representatives, - 72

dispensed with, - - - - - - 188

Senate, rules of - - - - - - - - ib.

Senators, names of, ------ 90

districts of, «-.-.. ib.

number of, ----- - ib.

■ qualifications of, 89

• ' term of service of, 90

privilege of, ------ 101

Speaker, duties of, - - - - - - 115

1 ' signing bills, 172

Taxable inhabitants, -.---„. 86

Title, read, 15i

Vacancies, how filled, - 202

ADVERTISEMENT.

This work contains the Constitution of the United States and of Pennsylvania, the whole of Mr. Sutherland's Manual, corrected up to the present session, the Rules of both Houses of Congress, and the Manual of Mr. Jefferson. It will therefore be a very useful assistant to old as well as new members of our State Legislatures; embracing as it does, a mass of important Parliamentary Practice, worthy the attention of every Representative! desirous of serving his constituent* with ability and fidelity.

Preface

Having for several years occupied a seat in the House of Representatives of Pennsylvania, and having presided over that hody and since served as State Senator, it occurred to me, that a work on the Practice and Method of proceeding adopted in the two branches of the General Assembly would not be unacceptable to the members. The excellent Manual of Thomas Jefferson contains the landmarks of order, and must always be a useful guide ; but it is well known to all conversant with the business of public bodies, that it does not supply all that is wanting to State Legislatures. The Manual I present is intended as far as practicable to explain the detail so necessary to anew member, and to note the exact words which custom has sanctioned in the order of business. In the short time allotted for this work, it cannot be expected to be perfect ; yet I shall be greatly disappointed, if it does not prove serviceable to the members.

THE

UNITED STATES OF AMERICA.

We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. [See 1 Wheat 3£4. 4 Wheat 403.]

ARTICLE I.

Or THE [LEGISLATURE.

Section I. All legislative powers, herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Sect. IL 1. Th* House of Reprcsfcnta-K f CONSTITUTION" OE THE

tives shall be composed of members chosen every second year, by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state le^islature.

2. No person shall be a representative, who shall not have attained to the age of twentyfive years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

3. Representatives and direct taxes shall be apportioned, among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and, until such enumeration shall he made, the state of New Hampshire shall he entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. [See 5 Wheat 317.]

4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

5. The House of Representatives shall choose their Speaker, and other officers, and shall have the sole power of impeachment.

Sect. III. 1. The Senate of the United States shall he composed of two Senators from each state, chosen by the legislature thereof for six years ; and each Senator shall have one vote. [See 6 Wheat. 390.]

2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year ; of the second class at the expiration of the fourth year ; and of the third class at the expiration of the sixth year ; so that one third may be chosen every second year. And if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments, until the next meeting of the legislature, which shall then fill such vacancies.

3. No person shall be a Senator, who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

4. The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.

6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside. And no person shall he convicted, without the concurrence of two thirds of the members present.

7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit, under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law.

Sect. IV. 1. The times, places and man tier of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators.

2. Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day.

Sect. V. 1. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business;

A 2 bat a smaller number may adjourn from day to day, and may be authorised to compel the attendance of the absent members, in such manner, and under such penalties, as each House may provide.

2. Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two thirds, expel a member. [See 1 HaWs Jim Law Jour. 459.]

3 Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of members of either House, on any question, shall, at the desire of one fifth of those present, be entered on the journal.

4* Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place, than that in which the two Houses shall be sitting.

Sect. VI. 1. The Senators and Representatives shall receive a compensation for their services, to be asc rtained by law, and paid out of the treasury of ihe United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to, and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authorty of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either House, during his continuance in office.

Sect. VII. 1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills.

2. Every bill, which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed

8 CONSTITUTION OE THE

to reconsider it. If, after such reconsideration, two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be re-considered, and, if approved by two thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless Congress, by their adjournment, prevent its return, in which case it shall not be a law.

3. Every order, resolution or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on a question of adjournment) shall be presented to the President of the United States, and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be re-passed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

Sect. VIII. Congress shall have power —

1. To lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defence and general welfare of the United States ; but all duties, imposts and excises, shall be uniform throughout the United States; [See 5 Wheat 317.]

2. To borrow money on the credit of the United States ;

3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; [See 9 Wheat. 1. 2 HalVs Am. L. Jour. 255, 272. 17 Johns. 48 8.]

4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States ; [See 4 Wheat. 122, 192, 209. 2 Wheat. 269. 20 Johns. 693.]

5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures ;

6. To provide for the punishment of counterfeiting the securities and current coin of the United States ;

7. To establish post offices and post roads ;

10 CONSTITUTION 0^ THE

8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries ; [See 3 Wheat App. n. 2, p. 13. 7 Wheat. 356.]

9. To constitute tribunals inferior to the supreme court ;

10. To define and punish piracies and felonies committed on the high seas, and offences against the laws of nations ; [5 Wheat. 184, 153, 76. 3 Wheat. 336.]

1 1. To declare war, grant letters of marque land repi* al, and make rules concerning captures on land and water; [8 Cranch, 110, 154.]

12. To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years ;

1 3. To provide and maintain a navy ; [See 1 Mason, 79, 81. 4 Binn. 487.]

14. To make rules for the government and regulation of the land and naval forces ;

15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; [5 Wheat, 1. 19 Johns f •]

16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as maybe employed in the service of the United States, reserving to the states, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; [3 S. and R. 169. 5 Wheat. 1. 19 Johns. 7.]

17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States ; and to exercise like authority over all places, purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings ; — and [See 2 Mason, 60. 5 Wheat. 317, 324. 6 Wheat. 440. Jour, of Jurisp. 47, 56. 17 Johns. 225.]

1 8. To make all laws which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. [4 Wheat. 413. 6 Wheat 204.] Sect. IX. 1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by Congress, prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person,

2. The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion, the public safety may require it.

3. No bill of attainder, or ex post facto law, shall be passed. [See 3 Dallas, 386, 396. 6 Binn. 271.]

4. No capitation or other direct tax, shall be laid, unless in proportion to the census or enumeration, herein before directed to be taken. [See 5 Wheat 317. 3 Dull. 171.]

5. No tax or duty shall be laid on articles exported from any state. No preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another ; nor shall vessels bound to or from

UNITED STATES. IS

one state, be obliged to enter, clear, or pay duties in another.

6. No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

7. No title of nobility shall be granted by the United States; and no person, holding any office of profit or trust under them, shall, without the consent of Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

Sect, X. i. No State shall enter into any treaty, alliance or confederation ; grant letters of marque and reprisal ; coin money; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; any bill of attainder, ex post facto law, or law impairing the obligation of contracts ; or grant any title of nobility. [See 8 Wheat. 84, 92, 256, n. 464. 5 Wheat. 420. 4 Wheat. 518, 122, 209. 6 Wheat. 13 r. 16 Johns. 233. 13 Mass. 16. 7 Johns. Clu B. £97. a Cow en, 626.]

2. No state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws ; and the nett produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States ; and all such laws shall be subject to the revision and control of Congress. No state shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

ARTICLE II.

OF THE PRESIDENT.

Sect. I. 1. The Executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows:

2- Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the state may be entitled in Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

(3. The electors shall meet in their respective states and vote by ballot, for two persons, of whom one at least shall not be an inhabitant of the same state w r ith themselves. And they shall make a list of the persons voted for, and the number of votes for each; which list they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be couned. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of Rcpre-

16 CONSTITUTION OF THB

sentatives shall immediately choose, by ballot, one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall, in like manner, choose the President, But in choosing the President, the votes shall be taken by states, the representation from each state having one vote: A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more, who have equal votes, the Senate shall choose from them, by ballot, the Vice-President. [This clause altogether altered and supplied by the Xllf/i amendment*]

4. Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same thoughout the United States.

5. No person, except a natural born citizen, or a citizen of the United States at the timo of the adoption of this constitution, shall be eligible to the office of President; neither

UtflTED STATES, 17

shall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. [So also as to the Vice-President See XH/ft amendment, post]

6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and Congress may, by law, provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability, be removed, or a President shall be elected.

7. The President shall at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period, any other emolument from the United States, or any of them.

8. Before he enter on the execution of his office, he shall take the following oath or affirmation:

" I do solemnly swear (or affirm) that I will

B % faithfully execute the office of President of tho United States, and will, to the best of my ability, preserve, protect, and defend the stitution of the United States. 9 '

Sect. II. 1. The President shall be commander in chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments,, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offences against tho United States, except in cases of impeachment,

2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur ; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But Congress may, by law, vest the appointment of such inferior officers as a the President

V in the courts of law, or ii irtments. 3. The Preside!) fill

ies that may happen (lurinj recess of the

session*

brcnation estate of them i I, i

■fie may adjourn them to such 1 > he i

think proper ; he

and other public minis i

that the laws he fail

• States, [1 Ci "

Sect. IV. The Preside!) i

and all civil officers of the V he removed from office on imp-: rictioii pf, trca

£0 CONSTITUTION 0^ THE

ARTICLE III.

OE THE JUDICIARY.

Sect. I. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. [See 7 Johns. Clu M. 303.]

Sect. II. 1. The judicial power shall extend to all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party ; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands an-

TOTTED STATES. £1

der grants of different states,, and between a state, or the citizens thereof, and foi states, citizens or subjects. [See 2 Ball. 297* 6 Wheal £64, 405. £ Mason, 47£, 9 Wh 819.]

£. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction* In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and feet, wit i ■■ions, and

under such n as, as Congress shall

3. The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the state where the' said crimes shall have been corns hut when

not committed within any state, the trial shall be at such place or places as Congress may by law have directed.

II. I. Treason ag States shall consist only in levying war again or in adheri their ene^

mics, giving them i per-

son shall bo convicted of treason, unless on the testimony of two witnesses to the same

M CONSTITUTION OF THE

overt act, or confession in open court. [4 Cranch, Jlpp. Note B. 470, 126.]

£ Congress shall have power to declare the punishment of treason, hut no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

ARTICLE IV.

OF STATE RECORDS.

Sect. I. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And Congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. [See 7 Cranch, 481. S WlicaU 234. 1 Peters, 81, S52. 6 Wheat. 129.)

OF CITIZENSHIP.

Sect. II. 1. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.* (See 4 Johns. Ch. 12.430.)

* J\*ote Free negroes and mulatoes are not citizens within the meaning of the Consitution. lJJti, 333.

OF FUGITIVES FKOM JUSTICE.

2. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, he delivered up, to be removed to the state having jurisdiction of the crime. [See 4 Johns. ph. R. 106.]

OF FUGITIVE SLAVES.

S. No person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up, on the claim of the party to whom such service or labour may be due. [See 2 S. and R. S06. 3 S. and R. 4. 5 8. and R. 62.]

OF THE ADMISSION OF NEW STATES.

Sect. III. 1. New states may be admitted by Congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or more states, or parts of states, without the consent

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CONSTITUTION C2f THK of the legislatures of tlie states concerned, as

well as of Congress.

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