[When vacancies happen in the representation from any State, the execu tive authority thereof shall issue writs of election to fill such vacancies. Const., U. S., Art. I, Sec. 2.] [No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person, holding any office under the United States, shall be a member of either House during his continuance in office. Const., I, 6.] SECTION VI. [A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide. Const., I., 5.] In general, the chair is not to be taken till a quorum for business is present; unless, after due waiting, such a quorum be despaired of, when the chair may be taken and the House adjourned. And whenever, during business, it is observed that a quorum is not present, any member may call for the House to be counted; and being found deficient, business is suspended. 2 Hats., 125, 126. [The President having taken the chair, and a quorum being present, the journal of the preceding day shall be read, to the end that any mistake may be corrected that shall have been made in the entries. Rules of the Senate.] SECTION VII. CALL OF THE HOUSE. On a call of the House, cach person rises up as he is called and answereth; was called the "District of Maine," and its representatives are numbered with those of Massachusetts. By compact between Maine and Massachusetts, Maine became a separate and independent State, and by act of Congress of March 3, 1820, was admitted into the Union as such; the admission to take place on the fifteenth of the same month. On the 7th of April, 1820, Maine was declared entitled to seven representatives, to be taken from those of Massachusetts. 12 Divided by action of State Legislature and Congress in 1861 and 1962, and State of West Virginia created therefroin. 13 Admitted under act of Congress of June 1, 1796, with one representative. 14 13 do do do April 30, 1802, with one do do do do do Dec. 14, 1819, with three do do 31 Previous to December 31, 1862, West Virginia was a part of the State of Virginia, which State was entitled to eleven members of the House of Representatives. Admitted under act of Congress of October 31, 1861, with one representative. Admitted under act of Congress of January, 1867, and proclamation of the President, March 1, 1867, with one representative. the absentees are then only noted, but no excuse to be made till the House be fully called over. Then the absentees are called a second time, and if still absent, excuses are to be heard. Ord. House of Commons, 92. They rise that their persons may be recognized; the voice in such a crowd, being an insufficient verification of their presence. But in so small a body as the Senate of the United States, the trouble of rising cannot be necessary. Orders for calls on different days may subsist at the same time. 2 Hats., 72. SECTION VIII. ABSENCE. [No member shall absent himself from the service of the Senate without leave of the Senate first obtained. And in case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the Sergeantat-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 expense of such absent members, respectively, unless such excuse for nonattendance 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 contingent fund. And this rule shall apply as well to the first convention of the Senate, at the legal time of meeting, as to each day of the session, after the hour is arrived to which the Senate stood adjourned. Rule 8.] SECTION IX. [The Vice President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided. Constitution, 1, 3.] [The Senate shall choose their officers, and also a President pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the United States. Ib.] [The House of Representatives shall choose their Speaker and other officers. Const., I, 2.] When but one person is proposed, and no objection made, it has not been usual in Parliament to put any question to the House; but without a question the members proposing him conduct him to the chair. But if there be objection, or another proposed, a question is put by the clerk. 2 Hats., 168. As are also questions of adjournment. 6 Grey, 406. Where the House debated and exchanged messages and answers with the King for a week, without a Speaker, till they were prorogued. They have done it de die in diem for 14 days. 1 Chand., 331, 335. [In the Senate, a President pro tempore in the absence of the Vice President is proposed and chosen by ballot. His office is understood to be determined on the Vice President's appearing and taking the chair, or at the meeting of the Sen ate after the first recess.] Where the Speaker has been ill, other Speakers pro tempore have been appointed. Instances of this are 1 H., 4. Sir John Cheyney, and for Sir Wm. Sturton, and in 15 H., C, Sir John Tyrrell, in 1656, January 27; 1658, March 9; 1659, January 13. Sir Job Charlton ill, Seymour chosen, 1673, 1 February 18. Seymour being ill, Sir Robert Sawyer chosen, 1678, April 15. Sawyer being ill, Seymour chosen. Not merely pro tempore. 1 Chand., 169, 276, 277. Thorpe in execution, a new Speaker chosen, 31 H., VI. 3 Grey, 11; and March 14, 1694, Sir John Trevor chosen. There have been no later instances. 2 Hats., 161; 4 Inst.; 8, L. Parl., 263. A Speaker may be removed at the will of the House and a Speaker pro tempore appointed.* 2 Grey, 186; 5 Grey, 134. SECTION X. ADDRESS. [The President shall, from time to time, give to the Congress information of the State of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. Const., II, 3.] A joint address of both Houses of Parliament is read by the Speaker of the House of Lords. It may be attended by both Houses in a body, or by a committee from each House, or by the two Speakers only. An address of the House of Commons only may be presented by the whole House, or by the Speaker, 9 Grey, 473; 1 Chandler, 298, 301; or by such particular members as are of the privy council. 2 Hats., 278. SECTION XI. COMMITTEES. Standing committees, as of privileges and elections, etc., are usually appointed at the first meeting, to continue through the session. The person first named is generally permitted to act as chairman. But this is a matter of courtesy; every committee having a right to elect their own chairman, who presides over them, puts questions, and reports their proceedings to the House. 4 Inst., 11, 12; Scob., 9; 1 Grey, 122. At these committees the members are to speak standing, and not sitting; though there is reason to conjecture it was formerly otherwise. D'Ewes, 630, col. 1; 4 Parl. Hist., 440; 2 Hats., 77. Their proceedings are not to be published, as they are of no force till confirmed by the House, Rushw., part 3, vol. 2, 74; 3 Grey, 401; Scob., 39. Nor can they receive a petition but through the House. 9 Grey, 412. When a committee is charged with an inquiry, if a member prove to be involved, they cannot proceed against him, but must make a special report to the House; whereupon the member is heard in his place, or at the bar, or a special authority is given to the committee to enquire concerning him. 9 Grey, 523. So soon as the House sits, and a committee is notified of it, the chairman is *RULE 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 amendment. 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.* SECTION XII. COMMITTEE OF THE WHOLE. The speech, message, and other matters of great concernment, are usually referred to a commitice 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, 41. Propositions for any charge on the people are especially to be first made in a committee of the whole. 3 Hats., 127. The sense of the whole is better taken in committee, because in all committees every one speaks as often as he pleases. Scob., 49. They generally acquiesce in the chairman named by the Speaker; but, as well as all other 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 into 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 RULE 34. The following Standing Committees shall be appointed at the commencement of each session, with leave to report by bill or otherwise: A Committee on Foreign Relations, to consist of seven members. A Committee on Finance, to consist of seven members. A Committee on Manufactures, to consist of five members. A Committee on Agriculture, to consist of seven members. A Committee on Military Affairs and the Militia, to consist of seven members. A Committee on Naval Affairs, to consist of seven members. A Committee on the Judiciary, to consist of seven members. A Committee on Post Offices and Post Roads, to consist of seven members. A Committee on Public Lands, to consist of seven members. A Committee on Private Land Claims, to consist of five members. A Committee on Indian Affairs, to consist of seven members. A Committee on Pensions, to consist of seven members. A Committee on Revolutionary Claims, to consist of five members. A Committee on Claims, to consist of five members. A Committee on the District of Columbia, to consist of seven members. A Committee on Patents and Patent Office, to consist of five members. A Committee on Public Buildings and Grounds, to consist of five members, who shall have power also to act jointly with the same committee of the House of Rep resentatives. A Committee on Territories, to consist of seven members. A Committee on the Pacific Railroad, to consist of nine members. A Committee on Mines and Mining, to consist of seven members. A Committee to Audit and Control the Contingent Expenses of the Senate, to consist of three members, to whom shall be referred all resolutions directing the payment of money out of the contingent fund of the Senate, or creating a charge on the same. A Committee on Engrossed Blils, to consist of three members, whose duty it shall be to examine all bills, amendments, resolutions or motions, before they go out of the possession of the Senate; and shall deliver the same to the Secretary of the Senate, who shall enter upon the journal that the same have been correctly engrossed. A Committee on Enrolled Bills, to consist of three members. seats himself at the clerk's table. Scob. 36. Their quorum is the same as that of the House, and if a defect happens, the chairman, on a motion and question, rises, the Speaker resumes the chair, and the chairman can make no other report than to inform the House of the cause of their dissolution. If a message is announced during a committee, the Speaker takes the chair, and receives it, because the committee cannot. 2 Hats., 125, 126. In a Committee of the Whole, the tellers on a division, differing as to numbers, great heats and confusion arose, and danger of a decision by the sword. The Speaker took the chair, the mace was forcibly laid on the table; whereupon the members retiring to their places, the Speaker told the House "he had taken the chair without an order to bring the House into order." Some excepted against it; but it was generally approved, as the only expedient to suppress the disorder. And every member was required, standing up in his place, to engage that he would proceed no further, in consequence of what had happened in the grand committee, which was done. 3 Grey, 128. A Committee of the Whole being broken up in disorder, and the chair resumed by the Speaker without an order, the House was adjourned. The next day the committee was considered as thereby dissolved, and the subject again before the House; and it was decided in the House, without returning into committee. 3 Grey, 130. No previous question can be put in a committee, nor can this committeo adjourn as others may; but if their business is unfinished, they rise, on a question, the House is resumed, and the chairman reports that the Committee of the Whole have, according to order, had under their consideration such a matter, and have made progress therein; but not having had time to go through the same, have directed him to ask leave to sit again. Whereupon a question is put upon their having leave, and on the time 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 proceedings to the House; which being resolved, the chairman rises, the speaker resumes the chair, the chairman informs him that the committeee have gone through the business referred to them, and that he is ready to make report when the House shall think proper to receive it. If the House have time to receive it, there is usually a cry of " Now, now," whereupon he makes the report; but if it be late, the cry is, "To-morrow, to-morrow," or "Monday," etc.; or a motion is made to that effect, and a question put, that it be received to-morrow, etc. Scob., 38. In other things the rules of proceedings are to be the same as in the House. Scob., 39. SECTION XIII. EXAMINATION OF WITNESSES. Common fame is a good ground for the House to proceed by inquiry, and even to accusation. Resolution House of Commons, 1 Car., 1, 1624; Rush., L. Parl., 115; 1 Grey, 16-22, 92; Grey, 21, 23, 27, 45. Witnesses are not to be produced but where the House has previously in |