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SENATE MANUAL
C O N T A IN IN G T H E
STANDING RULES AND ORDERS
OF
THE UNITED STATES SENATE
the
c o n s t it u t io n
of the
u n it e d
s t a t e s , d e c l a r a t io n
OF INDEPENDENCE, ARTICLES OF CONFEDERATION, THE
ORDINANCE OF 1787, JEFFERSON’S MANUAL, ETC.
P R E P A R E D U N D E R T H E D IR E C T IO N O F T H E
SENATE COMMITTEE ON RULES, SIXTY-THIRD CONGRESS
WASHINGTON
GOVERNMENT PRINTING OFFICE
1915
S U B M IT T E D B Y M R . O V E R M A N .
In
the
S e n a t e ' op
the
U n ited S t a t e s ,
February 5, 1975.
Resolved. That the Committee on Rules be instructed to prepare a new
edition of the Senate Manual, and that there be printed four thousand
five hundred copies of the same for the use of the committee, of which
two hundred and fifty copies shall be bound in full morocco and tagged as
to contents.
Attest:
J a m es M. B a k e r ,
Secretary.
TABLE OF CONTENTS.
Page.
S t a n d in g r u l e s f o r c o n d u c t in g b u s in e s s i n t h e S e n a t e o f
t h e U n it e d S t a t e s .........................................................................................
I n d e x t o ............................................................................................................
J e f f e r s o n ’ s M a n u a l .............................................................................................
C o n t en ts o f .....................................................................................................
I n d e x t o ............................................ ...............................................................
R u l e s of p r o c e d u r e an d p r a c t ic e in t h e S e n a t e w h en sit t in g
on im p e a c h m en t t r i a l s ..................................................................................
C o n stitu tio n of t h e U n it e d S t a t e s .........................................................
A m en d m e n t s t o ..............................................................................................
I n d e x t o ............................................................................................................
R u l e s f o r t h e r e g u l a t io n o f t h e S e n a t e w in g o f t h e
U n i t e d S t a t e s C a p it o l ................................................................................
S t a n d in g o r d e r s not e m b r a c e d in t h e r u l e s , an d r e s o l u t io n s
AND
SUCH
PARTS
OF LAWS
AS
AFFECT THE
BUSINESS
5
41
65
69
159
175
185
226
257
323
OF THE
S e n a t e ............................................................................................................... 333
D e c la r a t io n of I n d e p e n d e n c e ...................................................................... 405
A r t ic l e s of C o n f e d e r a t io n ....................................................................... .
4 13
O r d in a n c e of 17 8 7 .......................................................................
429
C l e a v e s ’ M a n u a l on c o n f e r e n c e and c o n f e r e n c e r e p o r t s ........ 439
C l e a v e s ’ M a n u a l , in d e x t o ...........................................................................
455
S e n a t o r s of t h e U n ited S t a t e s , from t h e F ir s t to t h e
S ix t y -fo urth C o n g r e s s , in c l u s iv e ........................................................... 457
I n d e x t o ........................................................................................................... 527
R a t if ic a t io n s of t h e C o n stitu tio n b y t h e T h ir t e e n O r ig in a l
S t a t e s , t h e ir po pu la tio n an d a r e a ....................................................... 563
S t a t e s adm itted into t h e U nion s in c e t h e adoption of t h e
C o n stit u tio n , t h e ir po pu la t io n , a r e a , and f o r m a t io n ............... 564
T h e T e r r i t o r i e s : D a t e of t h e e s t a b l is h m e n t of a t e r r it o
r ia l g o v e r n m e n t in e a c h , t h e p o p u l a t io n , a r e a , an d f o r
m atio n t .................................................................................................................. 568
E lec t o r a l v o te f o r P r e s id e n t an d V ic e -P r e s id e n t from
M arch 4, 1789, to M arch 4, 1 9 1 7 ............................................................... 569
J u s t ic e s of t h e S u p r e m e C o u r t , 1789 to 1 9 1 5 ...................................... 605
C a b in e t o f f ic e r s , 1789 to 1 9 1 5 ...................................................................... 609
G e n e r a l i n d e x ....................................................................................................... 621
3
[Rules agreed to Jan. n , 1884, and took effect Jan. 21,1884.
Date of amendments thereto
R U L E I.
A P P O IN T M E N T O F A S E N A T O R TO T H E C H A I R . 1
i. In the absence of the Vice-President, the Senate shall
2. In the absence of the Vice-President, and pending the
election of a President pro te7npore, the Secretary of the Senate,
or in his absence the Chief Clerk, shall perform the duties of
3. The President pro tevipore shall have the right to name
in open Senate, or, if absent, in writing, a Senator to perform
the duties of the Chair; but such substitution shall not extend
beyond an adjournment, except by unanimous consent.
4. In event of a 2 vacancy in the office of the Vice-President,3
or whenever the powers and duties of the President shall devolve
1 On motion by Mr. Evarts, the Senate resumed the consideration of the
resolution relative to the tenure of office of the President pro tempore;
and having been amended on the motion of Mr. Turpie to read as follows:
Resolved, That it is competent for the Senate to elect a President pro
tempore, who shall hold the office during the pleasure of the Senate and
until another is elected, and shall execute the duties thereof during all
future absences of the Vice-President until the Senate otherwise order.
After debate, the resolution as amended was agreed to.
2Agreed to, with the words “ the death” in lieu of words “ a vacancy in
the office.’ ’ Fifty-sixth Congress, first session. Senate Journal, page 254,
April 6, 1900.
Amended by striking out in line 1, clause 4, the words “ the death o f ”
and inserting “ a vacancy in the office of,” in line 1. Fifty-eighth Con
gress, third session. Senate Journal, page 41, December 15, 1904.
3 At end of line 1, clause 4, amended to read ‘ ‘ or whenever the powers and
duties of the President shall devolve on the Vice-President.” Fifty-seventh
Congress, first session. Senate Journal, pages 331, 332, April 18, 1902.
Standing Rules of the Senate.
6
on the Vice-President, the President pro tempore shall have the
right to name, in writing, a Senator to perform the duties of the
Chair during his absence; and the Senator so named shall have
the right to name in open session, or in writing, if absent, a
Senator to perform the duties of the Chair, but such substitution
shall not extend beyond adjournment, except by unanimous
consent.1
S. Jour. 254, 56-1; S. Jou. 331, 332, 57-1; S. Jour. 41, 58-3.]
[Jefferson's Manaul, Sec. IX.
R U L E II.
O A T H S, E T C .
The oaths or affirmations required by the Constitution and
prescribed by law shall be taken and subscribed by each Sena
tor, in open Senate, before entering upon his duties, [see page 37.
R U L E III.
C O M M E N C E M E N T O F D A IL Y S E S S IO N S .
1 . The Presiding Officer having taken the chair, and a quorum
being present, the Journal of the preceding day shall be read,
and any mistake made in the entries corrected. The reading
of the Journal shall not be suspended unless by unanimous
consent; and when any motion shall be made to amend or
correct the same, it shall be deemed a privileged question, and
proceeded with until disposed of. [Jefferson’s Manual, Secs. VI, X L IX .
2. A quorum shall consist of a majority of the Senators duly
chosen and sworn.
[Jefferson’s Manual, Sec. VI.
R U L E IV.
JO U R N A L .
i.
The proceedings of the Senate shall be briefly and accu
rately stated on the Journal. Messages of the President in
1
Mr. Platt, of Connecticut, submitted the following resolution; which
was considered by unanimous consent and agreed to:
Resolved, That whenever-a Senator shall be designated by the President
pro tempore to perform the duties of the Chair during his temporary
absence he shall be empowered to sign, as acting President pro tempore,
the enrolled bills and joint resolutions coming from the House of Repre
sentatives for presentation to the President of the United States.
•
[Senate Jour., p. 47, January 4, 1905.
Standing Rules of the Senate.
-
7
full; titles of bills and joint resolutions, and such parts as shall
be affected by proposed amendments; every vote, and a brief
statement of the contents of each petition, memorial, or paper
presented to the Senate, shall be entered.
[Jefferson's Manual, Sec. XI,IX.
2.
The legislative, the executive, the confidential legislative
proceedings, and the proceedings when sitting as a Court of
Impeachment, shall each be recorded in a separate book.
[Jefferson’s Manual, Sec. X L IX .
RULE V.
QUORUM— A B S E N T S E N A T O R S M A Y B E S E N T FO R .
1 . No Senator shall absent himself from the service of the
Senate without leave.
[Jefferson’s Manual, Sec. VIII.
2. If, at any time during the daily sessions of the Senate, a
question shall be raised by any Senator as to the presence of
a quorum, the Presiding Officer shall forthwith direct the Sec
retary to call the roll and shall announce the result, and these
proceedings Shall be without debate.
[Jefferson’s Manual, Sec. VII.
3. Whenever upon such roll call it shall be ascertained that
a quorum is not present, a majority of the Senators present
may direct the Sergeant-at-Arms to request, and, when nec
essary, to compel the attendance of the absent Senators, which
order shall be determined without debate; and pending its
execution, and until a quorum shall be present, no debate nor
motion, except to adjourn, shall be in order.
[Jefferson’s Manual, Secs. VII, VIII.
RULE VI.
P R E S E N T A T IO N O F C R E D E N T I A L S .
1.
The presentation of the credentials of Senators elect and
other questions of privilege shall always be in order, except
during the reading and correction of the Journal, while a ques
tion of order or a motion to adjourn is pending, or while the
8
Standing Rules of the Senate.
Senate is dividing; and all questions and motions arising or
made upon the presentation of such credentials shall be pro
ceeded with until disposed of.
2.
The Secretary shall keep a record of the certificates of elec
tion of Senators by entering in a well-bound book kept for that
purpose the date of the election, the name of the person elected and
the vote given at the election, the date of the certificate, the name
of the governor and the secretary of state signing and countersign
ing the same, and the State from which such Senator is elected.1
' fo r m o f c e r t if ic a t e o f e e e c t io n .
Resolution submitted by Mr. Kern, and agreed to August 20, 1914:
Resolved, That in the opinion of the Senate the following are convenient
and sufficient forms of certificate of election of a Senator or the appointment
of a Senator, to be signed by the executive of any State in pursuance of the
Constitution and the statutes of the United States:
“ To the President of the Senate of the United States:
“ This is to certify that on the — day o f -------- , 19—, A -------- B--------was duly chosen by the qualified electors of the State o f --------a Senator
from said State to represent said State in the Senate of the United States
for the term of six years, beginning on the 4th day of March, 19—.
“ Witness: His excellency our governor --------, and our seal hereto
affixed a t -------- this — day o f --------- , in the year of our Lord 19— .
“ B y the governor:
“ C-------- D---------,
‘ ‘ E -------- F ---------,
*‘ Governor.
“ Secretary of Stated’
“ To the President of the Senate of the United States:
‘ ‘ This is to certify that, pursuant to the power vested in me by the
Constitution of the United States and the laws of the State o f --------, I,
A-------- B ---------, the governor of said State, do hereby appoint C-------D-------- a Senator from said State to represent said State in the Senate of
the United States until the vacancy therein, caused by the-------- of E --------F -------- , is filled by election as provided by law.
“ Witness: His excellency our governor --------, and our seal hereto
affixed a t -------- this — day o f --------- . in the year of our Lord 19— .
“ By the governor:
“ G-------H------- ’
‘ ‘ I --------J --------->
** Governor.
“ Secretary of State.”
Resolved, That the Secretary of the Senate shall send copies of these
suggested forms and these resolutions to the executive and secretary of
each State wherein an election is about to take place or an appointment
is to be made in season that they mav use such forms if they see fit.
[Senate Jour., 2 sess. 63 Cong. p. 472.
Standing Rules of the Senate.
9
R U L E V II.
M O R N IN G B U S IN E S S .
1. After the Journal is read, the Presiding Officer shall lay
before the Senate messages from the President, reports and
communications from the heads of Departments, and other com
munications addressed to the Senate, and such bills, joint reso
lutions, and other messages from the House of Representatives
as may remain upon his table from any previous day’s session
undisposed of. The Presiding Officer shall then call for, in the
following order:
The presentation of petitions and memorials.
Reports of standing and select committees.
The introduction of bills and joint resolutions.
Concurrent and other resolutions.1
All of which shall be received and disposed of in such order,
unless unanimous consent shall be otherwise given.
[Jefferson’s Manual,-Sec. XIV.
2. 2Senators having petitions, memorials, pension bills, bills
for the payment of private claims or for the correction of naval
or military records to present after the morning hour may
deliver them to the Secretary of the Senate, indorsing upon
them their names and the reference or disposition to be made
thereof, and said petitions, memorials, and bills shall, with the
approval of the Presiding Officer, be entered on the Journal
with the names of the Senators presenting them as having been
1 On motion by Mr. Hoar,
Ordered, That until otherwise ordered, the chair shall proceed with the
call for resolutions to be newly offered before laying before the Senate res
olutions which came over from a former day.
[Senate Jour., 49th Cong., 1st sess., Dec. 17, 1885, p. 102.
2 Agreed to. Fifty-ninth Congress, first session.
548, May 31, 1906.
Senate Journal, page
IO
Standing- Rules of the Senate.
read twice and referred to the appropriate committees, and the
Secretary of the Senate shall furnish a transcript of such entries
to the official reporter of debates for publication in the R e c o r d .
1 It shall not be in order to interrupt a Senator having the
floor for the purpose of introducing any memorial, petition,
report of a committee, resolution, or bill.
It shall be the duty
of the Chair to enforce this rule without any point of order
hereunder being made by a Senator.
3. Until the morning business shall have been concluded,
and so announced from the Chair, or until the hour of 1 o’clock
has arrived, no motion to proceed to the consideration of any
bill, resolution, report of a committee, or other subject upon
the Calendar shall be entertained by the Presiding Officer,
unless by unanimous consent; and if such consent be given the
motion shall not be subject to amendment, and shall be decided
without debate upon the merits of the subject proposed to be
taken up.
[Jefferson’s Manual, Sec. XIV.
4. Every petition or memorial shall be referred, without put
ting the question, unless objection to such reference is made;
in which case all motions for the reception or reference of such
petition, memorial, or other paper shall be put in the order in
which the same shall be made, and shall not be open to amend
ment, except to add instructions.
[Jefferson’s Manual, Sec. XIX.
2 5. Every petition or memorial shall be signed by the peti
tioner or memorialist and have indorsed thereon a brief state
ment of its contents, and shall be presented and referred without
debate. But no petition or memorial or other paper signed by
‘Agreed to. Fifty-ninth Congress, first session. Senate Journal, page
548, May 3 1, 1906.
*
2 Clause 4 of original Rule 7 amended down to the period and numbered
clause 5; clause 2 changed to 3; clause 3 changed to 4. Fiftieth Congress,
first session. Senate Journal, pages 427, 428, March 6, 1888.
Standing Rules of the Senate
.
II
citizens or subjects of a foreign power shall be received, unless
the same be transmitted to the Senate by the President.1
S. Jour. 427-428, 50-1.]
[Jefferson’s Manual, Sec. X IX .
26. The Presiding Officer may at any time lay, and it shall be
in order at any time for a Senator to move to lay, before the
Senate, any bill or other matter sent to the Senate by the Presi
dent or the House of Representatives, and any question pending
at that time shall be suspended for this purpose. Any motion
so made shall be determined without debate.
S. Jour. 431, 48-1.]
[Jefferson’s Manual, Sec. XIV.
R U L E V III.
O R D E R O F B U S IN E S S .
A t the conclusion of the morning business for each day, unless
upon motion the Senate shall at any time otherwise order, the
Senate will proceed to the consideration of the Calendar of Bills
and Resolutions, and continue such consideration until 2 o’clock;3
and bills and resolutions that are not objected to shall be taken
up in their order, and each Senator shall be entitled to speak
once and for five minutes only upon any question; and the ob
jection may be interposed at any stage of the proceedings, but
upon motion the Senate may continue such consideration; and
this order shall commence immediately after the call for ‘ ‘ con
current and other resolutions, ’ ’ and shall take precedence of the
unfinished business and other special orders. But if the Senate
shall proceed with the consideration of any matter notwithstand1 Ordered, That when petitions and memorials are ordered printed in
the Congressional Record the order shall be deemed to apply to the body
of the petition only, and the names attached to said petition or memorial
shall not be printed unless specially ordered by the Senate.
[Senate Jour., 49th Cong., 2d sess., p. 280.
1Agreed to. Forty-eighth Congress, first session.
43 U March 17, 1884.
Senate Journal, page
3 Resolution submitted by Mr. Hoar and adopted August 10, 1888, Senate
Journal, page 1266:
Resolved, That after to-day, unless otherwise ordered, the morning hour
shall terminate at the expiration of two hours after the meeting of the
Senate.
Standing Rules of the Senate.
12
ing an objection, the foregoing provisions touching debate shall
not apply.
>
[Jefferson's Manual, Sec. XIV.
!A11 motions made before 2 o’clock to proceed to the consider
ation of any matter shall be determined without debate.
S. Jour. 442, 48-1.]
[Jefferson’s Manual, Sec. XIV.
R U L E IX .
O R D E R O F B U S IN E S S (C O N T IN U E D ).
Immediately after the consideration of cases not objected to
upon the Calendar is completed, and not later than 2 o’clock, if
there shall be no special orders for that time, the Calendar of
General Orders shall be taken up and proceeded with in its
order, beginning with the first subject on the Calendar next
after the last subject disposed of in proceeding with the Calendar;
and in such case the following motions shall be in order at any
time as privileged motions, save as against a motion to adjourn,
or to proceed to the consideration of executive business, or
questions of privilege, to w it:
First. A motion to proceed to the consideration of an appro
priation or revenue bill.
Second. A motion to proceed to the consideration of any
other bill on the Calendar, which motion shall not be open to
amendment.
Third. A motion to pass over the pending subject, which if
carried shall have the effect to leave such subject without prej
udice in its place on the Calendar.
Fourth. A motion to place such subject at the foot of the
Calendar.
Each of the foregoing motions shall be decided without
debate and shall have precedence in the order above named,
and may be submitted as in the nature and with all the rights
of questions of order. 4
[Jefferson’s Manual, Secs. XIV, X X X III.
‘Agreed to.
Forty-eighth Congress, first session.
431. 442, March 17, 19, 1884.
Senate Journal, pages
Standing Rides of the Senate.
13
RULE X.
S P E C IA L , O R D E R S .
1. Any subject may, by a vote of two-thirds of the Senators
present, be made a special order; and when the time so fixed for
its consideration arrives the Presiding Officer shall lay it before
the Senate, unless there be unfinished business of the preceding
day, and if it is not finally disposed of on that day it shall take
its place on the Calendar of Special Orders in the order of time
at which it was made special, unless it shall become by adjourn
ment the unfinished business. [Jefferson’s Manual, Secs. X V III, X X X III.
2. When two or more special orders have been made for the
same time, they shall have precedence according to the order
in which they were severally assigned, and that order shall only
be changed by direction of the Senate.
*And all motions to change such order, or to proceed to the
consideration of other business, shall be decided without debate.
S. Jour. 442, 48-1.]
[Jefferson’s Manual, Secs. XVIII, X X X III.
R U L E X I.
O B JE C T IO N TO R E A D IN G A P A P E R .
When the reading of a paper is called for, and objected to, it
shall be determined by a vote of the Senate, without debate.
[Jefferson’s Manual, Sec. X X X II.
R U L E X II.
VOTING, ETC.
1.
When the yeas and nays are ordered, the names of Sen
ators shall be called alphabetically; and each Senator shall,
without debate, declare his assent or dissent to the question,
unless excused by the Senate; and no Senator shall be per
mitted to vote after the decision shall have been announced by
the Presiding Officer, but may for sufficient reasons, with unani1Agreed to. Forty-eighth Congress, first session.
43i, 442, March 17, 19, 1884.
Senate Journal, pages
Standing Rules of the Senate.
14
mous consent, change or withdraw his vote. No motion to
suspend this rule shall be in order, nor shall the Presiding Offi
cer entertain any request to suspend it by unanimous consent.
[Jefferson’s Manual, Sec. XI,I.
2. When a Senator declines to vote on call of his name, he
shall be required to assign his reasons therefor, and having
assigned them, the Presiding Officer shall submit the question
to the Senate: “ Shall the Senator, for the reasons assigned by
him, be excused from voting?’ ’ which shall be decided without
debate; and these proceedings shall be had after the roll call
and before the result is announced; and any further proceedings
in reference thereto shall be after such announcement.
fjefferson’s Manual, Secs. X VII, X L I.
1 t No request by a Senator for unanimous consent for the
).
taking of a final vote on a specified date upon the passage of a
bill or joint resolution shall be submitted to the Senate for
agreement thereto until, upon a roll call ordered for the pur
pose by the presiding officer, it shall be disclosed that a quorum
of the Senate is present; and when a unanimous consent is thus
given the same shall operate as the order of the Senate, but
any unanimous consent may be revoked by another unanimous
consent granted in the manner prescribed above upon one day’s
notice.
S. Jour. 74, 63-2.]
R U L E X II I .
R E C O N S ID E R A T IO N .
i.
When a question has been decided by the Senate, any
Senator voting with the prevailing side may, on the same day
or on either of the next two days of actual session thereafter,
move a reconsideration; and if the Senate shall refuse to recon
sider, or upon reconsideration shall affirm its first decision, no
further motion to reconsider shall be in order unless by unani1Agreed to. Sixty-third Congress, second session. Senate Journal, page
74, January 16, 1914. Congressional Record, pages 1759, 1760.
Standing Rules o f the Senate.
i5
mous consent. Every motion to reconsider shall be decided by
a majority vote,1 and m aybe laid on the table without affecting
the question in reference to which the same is made, which
shall be a final disposition of the motion.
S. Jour. 945, 49-1.]
[Jefferson's Manual, Sec. X I J I I .
2.
When a bill, resolution, report, amendment, order, or mes
sage, upon which a vote has been taken, shall have gone out of
the possession of the Senate and been communicated to the
House of Representatives, the motion to reconsider shall be
accompanied by a motion to request the House to return the
same; which last motion shall be acted upon immediately, and
without debate, and if determined in the negative shall be a
final disposition of the motion to reconsider.
[Jefferson’s Manual, Sec. X L III.
R U L E X IV .
B I L L S , JO IN T R E S O L U T IO N S , A N D R E SO L U T IO N S .
1. Whenever a bill or joint resolution shall be offered, its
introduction shall, if objected to, be postponed for one day.
[Jefferson’s Manual, Sec. X X III.
2. Every bill and joint resolution shall receive three readings
previous to its passage, which readings shall be on three differ
ent days, unless the Senate unanimously direct otherwise; and
the Presiding Officer shall give notice at each reading whether
it be the first, second, or third: 2Provided, That the first or sec
ond reading of each bill may be by title only, unless the Senate
in any Case Shall Otherwise Order.
[Jefferson’s Manual, Sec. X X II.
3. No bill or joint resolution shall be committed or amended
until it shall have been twice read, after which it may be re
ferred to a committee; bills and joint resolutions introduced on
1 In original copy of rules of January n , 1884, the motion to reconsider
was “ without debate,’ ’ words stricken out. Forty-ninth Congress, first
session. Senate Journal, page 945, June 21, 1886.
2 Agreed to. Sixty-third Congress, second session. Senate Journal, page
71, January 14, 1914. Congressional Record, page 1633.
i6
Standing Rules of the Senate.
leave, and bills and joint resolutions from the House of Repre
sentatives, shall be read once, and may be read twice, on the
same day, if not objected to, for reference, but shall not be con
sidered on that day as in Committee of the Whole, nor debated,
except for reference, unless by unanimous consent.
[Jefferson’s Manual, Sec. X X V .
4. Every bill and joint resolution reported from a committee,
not having previously been read, shall be read once, and twice,
if not objected to, on the same day, and placed on the Calendar
in the order in which the same may be reported; and every bill
and joint resolution introduced on leave, and every bill and joint
resolution of the House of Representatives which shall have
received a first and second reading without being referred to a
committee, shall, if objection be made to further proceeding
thereon, be placed on the Calendar.
[Jefferson’s Manual, sec. xxv.
5. A ll resolutions shall lie over one day for consideration,
unless by unanimous consent the Senate shall otherwise direct.
[Jefferson’s Manual, Sec. XXV.
RULE XV.
B IL L S — C O M M IT T E E O F T H E W H O L E .
1. A ll bills and joint resolutions which shall have received
two readings shall first be considered by the Senate as in Com
mittee of the Whole, after which they shall be reported to the
Senate; and any amendments made in Committee of the Whole
shall again be considered by the Senate, after which further
a m e n d m e n ts m a y b e p ro p o sed .
[Jefferson’s Manual, Secs. X X VI, X X X .
2. When a bill or resolution shall have been ordered to be read
a third time, it shall not be in order to propose amendments,
N o te . —Resolved, That no communications from heads of Depart
ments, Commissioners, Chiefs of Bureaus, or other executive officers,
except when authorized or required by lave, or when made in response to
a resolution of the Senate, will be received by the Senate unless such
communications shall be transmitted to the Senate by the President.
[Senate Jour., 1 sess., 60 Cong., p. 122, Jan. 16, 1908.
Standing Rules o f the Senate.
i7
unless by unanimous consent, but it shall be in order at any time
before the passage of any bill or resolution to move its commit
ment; and when the bill or resolution shall again be reported
from the committee it shall be placed on the Calendar, and
when again considered by the Senate it shall be as in Commit
tee of the Whole.
[Jefferson’s Manual, Secs. X X V I, X X X .
3.
Whenever a private bill is under consideration, it shall be
in order to move, as a substitute for it, a resolution of the Sen
ate referring the case to the Court of Claims, under the provi
sions of the act approved March 3, 1883.
R U L E X V I.
A M E N D M E N T S TO A P P R O P R IA T IO N
i.
B IL E S ,
A ll general appropriation bills shall be referred to the Com
mittee on Appropriations, except1 the following bills, which shall
be severally referred as herein indicated, namely: The bill mak
ing appropriations for rivers and harbors, to the Committee on
Commerce; 1 the agricultural bill, to the Committee on Agricul
ture and Forestry; the Army and the Military Academy bills,
to the Committee on Military Affairs; the Indian bill, to the
Committee on Indian Affairs; the naval bill, to. the Committee
on Naval Affairs; the pension bill, to the Committee on Pen
sions; the Post-Office bill, to the Committee on Post-Offices and
Post-Roads; and no amendments shall be received to any gen
eral appropriation bill the effect of which will be to increase an
appropriation already contained in the bill, or to add a new item
of appropriation, unless it be made to carry out the provisions
of some existing law, or treaty stipulation, or act, or resolution
previously passed by the Senate during that session; or unless the
same be moved by direction of a standing or select committee of
the Senate, or proposed in pursuance of an estimate of the head
of some one of the departments.
S. Jour. 86; 55-3]
•
[Jefferson’s Manual, See. X X X V .
1 Amendment agreed to. Fifty-fifth Congress, third session.
Journal, page 86, January 28, 1899.
80281°— 15----- 2
Senate
i8
Standing Rules of the Se?iate.
2. All amendments to general appropriation bills moved by
direction of a standing or select committee of the Senate, pro
posing to increase an appropriation already contained in the bill,
or to add new items of appropriation, shall, at least one day
before they are considered, be referred to the Committee on
Appropriations, and when actually proposed to the bill no amend
ment proposing to increase the amount stated in such amend
ment shall be received; in like manner, amendments proposing
new items of appropriation to river and harbor bills shall, before
being considered, be referred to the Committee on Commerce;
also amendments to bills establishing post-roads, or proposing new
post-roads, shall, before being considered, be referred to the Com
mittee on Post-Offices and Post-Roads. [Jefferson’s Manual, Sec. X X X V .
3. No amendment which proposes general legislation shall be
received to any general appropriation bill, nor shall any amend
ment not germane or relevant to the subject-matter contained
in the bill be received; nor shall any amendment to any item or
clause of such bill be received which does not directly relate
thereto; and all questions of relevancy of amendments under
this rule, when raised, shall be submitted to the Senate and be
decided without debate; and any amendment to a general appro
priation bill may be laid on the table without prejudice to
the bill.
[Jefferson’s Manual, Sec. XXXV'.
4. No amendment, the object of which is to provide for a
private claim, shall be received to any general appropriation
bill, unless it be to carry out the provisions of an existing law
or a treaty stipulation, which shall be cited on the face of the
[Jefferson’s Manual, Sec. X X X V .
amendment.
R U L E X V II.
A M E N D M E N T M A Y B E L A ID ON T H E
T A B L E W IT H O U T P R E J U
D IC E TO T H E B I L L .
When an amendment proposed to any pending measure is laid
on the table, it shall not carry with it, or prejudice, such measure.
Standing Rules of the Senate.
19
R U L E X V I II .
A M E N D M E N T S — D IV IS IO N O F A Q U EST IO N .
If the question in debate contains several propositions, any
Senator may have the same divided, except a motion to strike
out and insert, which shall not be divided; but the rejection of
a motion to strike out and insert one proposition shall not pre
vent a motion to strike out and insert a different proposition;
nor shall it prevent a motion simply to strike out; nor shall the
rejection of a motion to strike out prevent a motion to strike
out and insert. But pending a motion to strike out and insert,
the part to be stricken out and the part to be inserted shall
each be regarded for the purpose of amendment as a question;
and motions to amend the part to be stricken out shall have
p receden ce.
[Jefferson’s Manual, Secs. X X X V , X X X V I.
R U LE X IX .
DEBATE.
i.
When a Senator desires to speak, he shall rise and address
the Presiding Officer, and shall not proceed until he is recognized,
and the Presiding Officer shall recognize the Senator who shall
first address him. No Senator shall interrupt another Senator
in debate without his consent, and to obtain such consent he
shall first address the Presiding Officer; and no Senator shall
speak more than twice upon any one question in debate on the
same day without leave of the Senate, which shall be determined
without debate.
[Jefferson’s Manual, Secs. X V II, X X X IX .
1 2. No Senator in debate shall, directly or indirectly, by any
form of words impute to another Senator or to other Senators
any conduct or motive unworthy or unbecoming a Senator.
[Jefferson's Manual, Sec. XVII.
1 3. No Senator in debate shall refer offensively to any State
of the Union.
'Adopted. Fifty-seven tli Congress, first session.
301, April 8, 1902.
Senate Journal, page
20
Standing Rules of the Senate.
4. If any Senator, in speaking or otherwise, transgress the
rules of the Senate, the Presiding Officer shall, or any Senator
may, call him to order; and when a Senator shall be called to
order he shall sit down, and not proceed without leave of the
Senate, which, if granted, shall be upon motion that he be
allowed to proceed in order, which motion shall be determined
without debate.
(Jefferson’s Manual, Sec. X V II.
5. If a Senator be called to order for words spoken in debate,
upon the demand of the Senator or of any other Senator the
exceptionable words shall be taken down in writing, and read
at the table for the information of the Senate.
[Jefferson’s Manual, Sec. X VII.
*6. Whenever confusion arises in the Chamber or the gal
leries, or demonstrations of approval or disapproval are indulged
in by the occupants of the galleries, it shall be the duty of the
Chair to enforce order on his own initiative and without any
point of order being made by a Senator.
RULE X X .
Q U E ST IO N S O F O R D E R .
1 . A question of order may be raised at any stage of the pro
ceedings, except when the Senate is dividing, and, unless sub
mitted to the Senate, shall be decided by the Presiding Officer
without debate, subject to an appeal to the Senate. When an
appeal is taken, any subsequent question ■ of order which may
arise before the decision of such appeal shall be decided by the
Presiding Officer without debate; and every appeal therefrom
shall be decided at once, and without debate; and any appeal
may be laid on the table without prejudice to the pending propo
sition, and thereupon shall be held as affirming the decision of
the Presiding Officer.
[Jefferson’s Manual, Sec. X X X III.
2. The Presiding Officer may submit any question of order for
the decision of the Senate.
[Jefferson’s Manual, Sec. X X X III.
Agreed to. Sixty-third Congress, second session. Senate Journal, page
71, January 14, 1914. Congressional Record, page 1633.
Standi7ig Rules of the Senate.
21
RU LE X X I.
m o t io n s .
1. A ll motions shall be reduced to writing, if desired by the
Presiding Officer or by any Senator, and shall be read before
the same shall be debated.
[Jefferson’s Manual, Sec. X X .
2. Any motion or resolution may be withdrawn or modified by
the mover at any time before a decision, amendment, or ordering
of the yeas and nays, except a motion to reconsider, which shall
not be withdrawn without leave.
[Jefferson’s Manual, Sec. X X .
R U L E X X ir .
P R E C E D E N C E O F M O TIO N S.
When a question is pending, no motion shall be received
but—
To adjourn.
To adjourn to a day certain, or that when the Senate adjourn
it shall be to a day certain.
To take a recess.
To proceed to the consideration of executive business.
To lay on the table.
To postpone indefinitely.
To postpone to a day certain.
To commit.
To amend.
Which several motions shall have precedence as they stand
arranged; and the motions relating to adjournment, to take a
recess, to proceed to the consideration of executive business, to
lay on the table, shall be decided without debate.
[Jefferson’s Manual, Sec. X X X III.
RU EE X X III.
PR EA M BLES.
When a bill or resolution is accompanied by a preamble, the
question shall first be put on the bill or resolution and then on
<tf
~T
22
Stayiding Rules o f the Senate.
the preamble, which may be withdrawn by a mover before an
amendment of the same, or ordering of the yeas and nays; or
it may be laid on the table without prejudice to the bill or reso
lution, and shall be a final disposition of such preamble.
[Jefferson's Manual, Sec X X VI.
R U L E X X IV .
A P P O IN T M E N T O F C O M M IT T E E S .
1. In the appointment of the standing committees, the Senate,
unless otherwise ordered, shall proceed by ballot to appoint sev
erally the chairman of each committee, and then, by one ballot,
the other members necessary to complete the same. A majority
of the whole number of votes given shall be necessary to the
choice of a chairman of a standing committee, but a plurality
of votes shall elect the other members thereof. All other com
mittees shall be appointed by ballot, unless otherwise ordered,
and a plurality of votes shall appoint.
[Jefferson’s Manual, Sec. XI.
2. When a chairman of a committee shall resign or cease to
serve on a committee, and the Presiding Officer be authorized
by the Senate to fill the vacancy in such committee, unless
specially otherwise ordered, it shall be only to fill up the number
on the committee.
RU LE X X V .1
S T A N D IN G C O M M IT T E E S.
[Committees appointed ever)' two years.
Last change March 15, 1913.]
i . The following standing committees shall be appointed at
the commencement of each Congress, with leave to report by
bill or otherwise:
*As amended by Senate resolution of March 15, 1913, Sixty-third Con
gress, session specially called. Senate Journal, pages 3 11-3 14 , Sixty-second
Congress, third session.
Previously amended May 26, 1896, Fifty-fourth Congress, first session,
Senate Journal, page 351; Sixtieth Congress, first session, Senate Journal,
pages 79-81, December 17, 1907; Sixty-first Congress, first session, Senate
Journal, pages 14, 15, March 22, 1909; Sixty-second Congress, first ses
sion, Senate Journal, pages 41, 42, 44, April 27, 28, 19 11.
Standing Rules of the Senate.
23
A Committee on- Additional Accommodations for the Library
of Congress, to consist of five Senators.
A Committee on Agriculture and Forestry, to consist of
sixteen Senators.
A Committee 011 Appropriations, to consist of seventeen
Senators.
A Committee to Audit and Control the Contingent Expenses of
the Senate, to consist of five Senators, to which shall be referred
all resolutions directing the payment of money out of the con
tingent fund of the Senate or creating a charge upon the same.
A Committee on Banking and Currency, to consist of twelve
Senators.
A Committee on Canadian Relations, to consist of nine
Senators.
A Committee on the Census, to consist of twelve Senators.
A Committee on Civil Service and Retrenchment, to consist
of twelve Senators.
A Committee on Claims, to consist of fifteen Senators.
A Committee on Coast and Insular Survey, to consist of nine
Senators.
A Committee on Coast Defenses, to consist of eleven Senators.
A Committee on Commerce, to consist of seventeen Senators.
A Committee on Conservation of National Resources, to con
sist of fifteen Senators.
A Committee on Corporations Organized in the District of
Columbia, to consist of five Senators.
A Committee on Cuban Relations, to consist of five Senators.
A Committee on Disposition of Useless Papers in the Execu
tive Departments, to consist of three Senators.
A Committee on the District of Columbia, to consist of four
teen Senators
24
Standing Rules of the Seriate.
A Committee on Education and Labor, to consist of eleven
Senators.
A Committee on Engrossed Bills, to consist of three Senators,
which shall examine all bills, amendments, and joint resolutions
before they go out of the possession of the Senate.
A Committee on Enrolled Bills, to consist of three Senators,
which shall have power to act jointly with the same committee
of the House of Representatives, and which, or some one of
which, shall examine all bills or joint resolutions which shall
have passed both Houses, to see that the same are correctly
enrolled, and, when signed by the Speaker of the House and
President of the Senate, shall forthwith present the same, when
they shall have originated in the Senate, to the President of the
United States in person, and report the fact and date of such
presentation to the Senate.
A Committee to Examine the Several Branches of the Civil
Service, to consist of seven Senators.
A Committee on Expenditures in the Department of Agricul
ture, to consist of five Senators.
A Committee on Expenditures in the Department of Com
merce,1 to consist of five Senators.
A Committee on Expenditures in the Interior Department, to
consist of five Senators.
A Committee on Expenditures in the Department of Justice,
to consist of five Senators.
A Committee on Expenditures in the Department of Labor,2
to consist of five Senators.
A Committee on Expenditures in the Navy Department, to
consist of five Senators.
S e n a te Resolution of June 25, 1914. Senate Journal, page 357, Sixtythird Congress, second session.
2 Provided for by Senate resolution, June 25, 1914, Sixty-third Congress,
second session. Senate Journal, page 357.
Standing Rules of the Senate.
25
A Committee on Expenditures in the Post-Office Department,
to consist of five Senators.
A Committee on Expenditures in the Department of State,
to consist of five Senators.
A Committee on Expenditures in the Treasury Department,
to consist of five Senators.
A Committee on Expenditures in the War Department, to
consist of five Senators.
A Committee on Finance, to consist of seventeen Senators.
A Committee on Fisheries, to consist of nine Senators, to
which shall be referred all matters relating to fish and fisheries.
A Committee on the Five Civilized Tribes of Indians, to con
sist of five Senators.
A Committee on Foreign Relations, to consist of seventeen
Senators.
A Committee on Forest Reservations and the Protection of
Game, to consist of nine Senators.
A Committee on the Geological Survey, to consist of seven
Senators.
1 A Committee on Immigration, to consist of thirteen Senators.
A Committee on Indian Affairs, to consist of fifteen Senators.
2
A Committee on Indian Depredations, to consist of eleven
Senators.
A Committee on Industrial Expositions, to consist of thirteen
Senators.
A Committee on Interoceanic Canals, to consist of fourteen
Senators.
A Committee on Interstate Commerce, to consist of sixteen
Senators.1
2
1 Created. Fifty-first Congress, first session. Senate Journal, page 39,
December 12, 1889.
2Created as select. Fifty-first Congress, first session. Senate Journal,
PaSe 39> December 12, 1889.
Standing Rides of the Senate.
26
A Committee to Investigate Trespassers on Indian Lands, to
consist of five Senators.
A Committee on Irrigation and Reclamation of Arid Lands,
to consist of thirteen Senators.
A Joint Committee on the Revision of the Laws of the
United States, to consist of four Senators.
A Committee on the Judiciary, to consist of eighteen Senators.
A Committee on the Library, to consist of eight Senators,
which shall have power to act jointly with the same committee
of the House of Representatives.
A Committee on Manufactures, to consist of eleven Senators.
A Committee on Military Affairs, to consist of sixteen Sena
tors.
A Committee on Mines and Mining, to consist of ten Senators.
A Committee on the Mississippi River and its Tributaries,
to consist of seven Senators.
A Committee on National Banks,1 to consist of five Senators.
A Committee on Naval Affairs, to consist of sixteen2 Senators.
A Committee on Pacific Islands and Porto Rico, to consist of
twelve Senators.
A Committee on Pacific Railroads, to consist of ten Senators.
A Committee on Patents, to consist of seven Senators.
A Committee on Pensions, to consist of thirteen Senators.
A Committee on the Philippines, to consist of fourteen Sena
tors.
A Committee on Post-Offices and Post-Roads, to consist of
sixteen Senators.
P ro v id e d for by Senate resolution of April 29, 1912, Sixty-second
Congress, second session. Senate Journal, page 306.
2Amendment agreed to increasing the membership from fifteen to six
teen. Senate Journal, page 149, Sixty-third Congress, second session,
March 2, 1914. Congressional Record, page 4134.
1
Standing Rules of the Senate.
2?
A Committee on Printing, to consist of eight Senators, which
shall have power to act jointly with the same committee of the
House of Representatives.
A Committee on Private Rand Claims, to consist of seven
Senators.
A Committee on Privileges and Elections, to consist of fifteen
Senators.
A Committee on Public Buildings and Grounds, to consist of
sixteen Senators, which shall have power to act jointly with the
same committee of the House of Representatives.
A Committee on Public Health and National Quarantine, to
consist of eleven Senators.
A Committee on Public Rands, to consist of fifteen Senators.
A Committee on Railroads, to consist of eleven Senators.
A Committee on Revolutionary Claims, to consist of five
Senators.
A Committee on Rules, to consist of ten Senators.
A Committee on Standards, Weights, and Measures, to con
sist of five Senators.
A Committee on Territories, to consist of twelve Senators.
A Committee on Transportation Routes to the Seaboard, to
consist of nine Senators.
A Committee on Transportation and Sale of Meat Products,
to consist of five Senators.
A Committee on the University of the United States, to con
sist of eleven Senators.
A Committee on Woman Suffrage, to consist of nine Senators.
2.
The Committees to Audit and Control the Contingent E x
penses of the Senate, on Printing, and on the Library, shall
continue and have the power to act until their successors are
appointed.
28
Standing Rules of the Senate.
QUORUM OP COMMITTEES.
*3. That the several standing committees of the Senate
having a membership of more than three Senators are hereby
respectively authorized to fix, each for itself, the number of its
members who shall constitute a quorum thereof for the trans
action of such business as may be considered by said committee;
but in no case shall a committee, acting under authority of this
resolution, fix as a quorum thereof any number less than onethird of its entire membership, nor shall any report be made to
the Senate that is not authorized by the concurrence of more
than one-half of a majority of such entire membership.
R U L E X X V I.
R EFER EN C E TO COMMITTEES; MOTIONS TO DISCHARGE, AND
REPORTS OF COMMITTEES TO E IE OVER.
1. When motions are made for reference of a subject to a
select committee, or to a standing committee, the question of
reference to a standing committee shall be put first; and a
motion simply to refer shall not be open to amendment, except
to add instructions.
[Jefferson’s Manual, Secs. X X V I, X X X III.
2. A ll reports of committees and motions to discharge a com
mittee from the consideration of the subject, and all subjects
from which a committee shall be discharged, shall lie over one
day for consideration, unless by unanimous consent the Senate
shall otherwise direct.
[Jefferson’s Manual, Secs. X X V II, X EIII.
R U LE X X V II.
REPORTS OF CONFERENCE COMMITTEES.
The presentation of reports of committees of conference shall
always be in order, except when the Journal is being read or a
question of order or a motion to adjourn is pending, or while the
A g re e d to. Sixty-second Congress, second session.
Congressional Record, page 4624, April 12, 1912.
Journal, page 271.
Standing Rules of the Senate.
29
Senate is dividing; and when received the question of proceeding
to the consideration of the report, if raised, shall be immediately
put, and shall be determined without debate.
[Jefferson's Manual, Sec. XI,VI.
RU LE X X V III.
MESSAGES.
1. Messages from the President of the United States or from
the House of Representatives may be received at any stage of
proceedings, except while the Senate is dividing, or while the
Journal is being read, or while a question of order or a motion
to adjourn is pending.
[Jefferson’s Manual, Sec. X I, VII.
2. Messages shall be sent to the House of Representatives by
the Secretary, who shall previously certify the determination of
the Senate upon all bills, joint resolutions, and other resolutions
which may be communicated to the House, or in which its con
currence may be requested; and the Secretary shall also certify
and deliver to the President of the United States all resolutions
and other communications which may be directed to him by the
Senate.
[Jefferson’s Manual, Sec. X I,VII.
RUU E X X I X .
P R IN T IN G O F P A P E R S , E T C .
i. Every motion to print documents, reports, and other matter
transmitted by either of the Executive Departments, or to print
memorials, petitions, accompanying documents, or any other
paper, except bills of the Senate or House of Representatives,
resolutions submitted by a Senator, communications from the
legislatures or conventions, lawfully called, of the respective
States, and motions to print by order of the standing or select
committees of the Senate, shall, unless the Senate otherwise
order, be referred to the Committee on Printing. When a mo
tion is made to commit with instructions, it shall be in order to
add thereto a motion to print.
3°
Standing Rules of the Senate.
2. Motions to print additional numbers shall also be referred
to the Committee on Printing; and when the committee shall
report favorably, the report shall be accompanied by an estimate
of the probable cost thereof; and when the cost of printing
such additional numbers shall exceed the sum of five hundred
dollars, the concurrence of the House of Representatives shall
be necessary for an order to print the same.
3. Every bill and joint resolution introduced on leave or
reported from a committee, and all bills and joint resolutions
received from the House of Representatives, and all reports of
committees, shall be printed, unless, for the dispatch of the
business of the Senate, such printing may be dispensed with.
RULE X X X .
W IT H D R A W A L O F P A P E R S .
1. No memorial or other paper presented to the Senate,
except original treaties finally acted upon, shall be withdrawn
from its files except by order of the Senate.
But when an act
may pass for the settlement of any private claim, the Secretary
is authorized to transmit to the officer charged with the settle
ment the papers on file relating to the claim.
2. No memorial or other paper upon which an adverse report
has been made shall be withdrawn from the files of the Senate
unless copies thereof shall be left in the office of the Secretary.
[Jefferson’s Manual, Sec. XVI.
RU LE X X X I.
R E F E R E N C E O F C L A IM S A D V E R S E L Y R E P O R T E D .
Whenever a committee of the Senate, to whom any claim has
been referred, reports adversely, and the report is agreed to, 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, un
less the claimant shall present a petition therefor, stating that
Standing Rules of the Senate.
>
31
new evidence has been discovered since the report, and setting
forth the substance of such new evidence. 1 But when there has
been no adverse report it shall be the duty of the Secretary to
transmit all such papers to the committee in which such claims
are pending.
RU LE X X X II.
BU SIN ESS CONTINUED FROM SESSIO N TO SESSIO N .
A t the second or any subsequent session of a Congress, the
legislative business of the Senate which remained undetermined
at the close of the next preceding session of that Congress shall
be resumed and proceeded with in the same manner as if no
adjournment of the Senate had taken place; and all papers
referred to committees and not reported upon at the close of a
session of Congress shall be returned to the office of the Secre
tary of the Senate, and be retained by him until the next suc
ceeding session of that Congress, when they shall be returned
to the several committees to which they had previously been
referred.
[Jefferson’s Manual, Sec. E l.
RU LE X X X III.
P R IV IL E G E OF T H E FEO O R.23
No person shall be admitted to the floor of the Senate while
in session, except as follows:
The President of the United States and his private secretary.
3
The President elect and Vice-President elect of the United
States.
Ex-Presidents and ex-Vice-Presidents of the United States.
'Agreed to. Fiftieth Congress, first session. Senate Journal, page 67,
December 14, 1887.
2Amended, adopting a new rule. Fifty-second Congress, first session.
Senate Journal, page 30, December 14, 1891. Fifty fourth Congress, first
session, Senate Journal, page 351, May 26, 1896.
3Agreedto. Fiftieth Congress, second session. Senate Journal, page 113,
January 4 , 1889.
32
Standing Rules of the Senate.
Judges of the Supreme Court.
Ex-Senators and Senators elect.
The officers and employees of the Senate in the discharge of
their official duties.
1 Ex-Secretaries and ex-Sergeants-at-Arms of the Senate.
2Members of the House of Representatives and Members elect.
3 Ex-Speakers of the House of Representatives.
The Sergeant-at-Arms of the House and his chief deputy
and the Clerk of the House and his deputy.
Heads of the Executive Departments.
4Ambassadors and Ministers of the United States.
Governors of States and Territories.
The General Commanding the Army.
The Senior Admiral of the Navy on the active list.
Members of National Legislatures of foreign countries.
Judges of the Court of Claims.
5 Commissioners of the District of Columbia.
The Librarian of Congress and the Assistant Librarian in
charge of the Law Library.
6The Architect of the Capitol.
7The Secretary of the Smithsonian Institution.
Clerks to Senate committees and clerks to Senators vrhen in
the actual discharge of their official duties. Clerks to Senators,
to be admitted to the floor, must be regularly appointed and
borne upon the rolls of the Secretary of the Senate as such.*
7
6
5
3
2
A greed to except as to “ ex-Sergeant-at-Arms. ” Fifty-third Congress,
third session. Senate Journal, page 75, January 28, 1895.
2Construed to mean, “ and members elect.” Forty-eighth Congress, sec
ond session. Senate Journal, page 4x8, February 28, 1885.
3 Fiftieth Congress, first session. Senate Journal, page 117 3, Ju ly 25, 1888.
■ •Amended, adopting a new rule. Fifty-second Congress, first session.
Senate Journal, page 30, December 14, 1891. Fifty-fourth Congress, first
session. Senate Journal, page 351, May 26, 1896.
5 Inserted, Forty-eighth Congress, first session. Senate Journal, page 762,
June 13, 1884.
6
Amended by omitting “ Extension, ” Forty-eighth Congress, first session.
Senate Journal page 565. April 22, 1884.
7 Inserted, Forty-eighth Congress, first session. Senate Journal, page 565,
April 22, 1884.
Standing Rtiles of the Senate.
s. jour. 351,54 -1.]
33
R U L E X X X IV .
R EG U LATIO N OF T H E S E N A T E W ING OF T H E C APITO L.
1 . The Senate Chamber shall not be granted for any other
purpose than for the use of the Senate;1 no smoking shall be
permitted at any time on the floor of the Senate, or lighted
cigars be brought into the Chamber.
S. Jour. 163, 63-2.]
2. It shall be the duty of the Committee on Rules to make
all rules and regulations respecting such parts of the Capitol,
its passages and galleries, including the restaurant, as are or
may be set apart for the use of the Senate and its officers, to be
enforced under the direction of the Presiding Officer. They
shall, at the opening of each session of Congress, make such
regulations respecting the reporters’ gallery of the Senate as
will confine its occupation to bona fide reporters for daily
newspapers, assigning not to exceed one seat to each paper.
RULE X X X V .
SESSIO N W ITH CLOSED DOORS.
On a motion made and seconded to close the doors of the
Senate, on the discussion of any business which may, in the
opinion of a Senator, require secrecy, the Presiding Officer shall
direct the galleries to be cleared; and during the discussion of
such motion the doors shall remain closed.
[Jefferson’s Manual, Sec. XVIII.
RU LE X X X V I.
e x e c u t iv e
;
s e s s io n s .
1. When the President of the United States shall meet the
Senate in the Senate Chamber for the consideration of Execu
tive business, he shall have a seat on the right of the Presiding
Officer. When the Senate shall be convened by the President
Agreed to. Senate Journal, page 163, Sixty-third Congress, second
session, March 9, 1914. Congressional Record, page 4532.
80281°—15------3
34
Standing Rules of the Senate.
of the United States to any other place, the Presiding Officer
of the Senate and the Senators shall attend at the place
appointed, with the necessary officers of the Senate.
1 2. When acting upon confidential or Executive business,2
unless the same shall be considered in open Executive session,
the Senate Chamber shall be cleared of all persons except the
Secretary, the Chief Clerk, the Principal Legislative Clerk, the
Executive Clerk, the Minute and Journal Clerk, the Sergeantat-Arms, the Assistant Doorkeeper, and such other officers as
the Presiding Officer shall think necessary; and all such offi
cers shall be sworn to secrecy.
3
3. A ll confidential communications made by the President of
the United States to the Senate shall be by the Senators and the
officers of the Senate kept secret; and all treaties which may be
laid before the Senate, and all remarks, votes, and proceedings*
3
2
'I n Executive session, May 2, 1892, Senate Journal, page 225, E x. Sess.:
Resolved, That until otherwise ordered there shall be admitted to the
floor of the Senate during Executive sessions such clerks, not exceeding
three in number, as may be assigned by the Secretary of the Senate to
Executive duties.
2 Line 2 of clause 2 agreed to. Fiftieth Congress, first session. Senate
Journal, page 428, March 6, 1888.
3 In Executive session specially called March 21, 1885; S. Jour. 571.
Ordered, That the injunction of secrecy be removed from the following
report from the Committee on Rules, viz:
The Committee on Rules, to which was referred a question of order raised
by the Senator from Maine (Mr. F ry e ) as to the operation of clause 3, Rule
X X X V I, reported that it extends the injunction of secrecy to each step in
the consideration of treaties, including the fact of ratification; that no
modification of this clause of the rules ought to be made; that the secrecy
as to the fact of ratification of a treaty m ay be of the utmost importance,
and ought not to be removed except by order of the Senate, or until it has
been made public by proclamation by the President.
[Senate Jour., p. 571.
Appendix.
In Executive session, February 8, 1900:
Ordered, Whenever the injunction of secrecy shall be removed from
any part of the proceedings of the Senate in Executive session, or secret
legislative session, the order of the Senate removing the same shall be
entered by the Secretary in the Legislative Journal as well as in the
Executive Journal, and shall be published in the Record.
Standing Rjdes of the Senate.
35
thereon shall also be kept secret, until the Senate shall, by.their
resolution, take off the injunction of secrecy,1 or unless the same
shall be considered in open Executive session.
[Jefferson’s Manual, Sec. 1, 11.
4.
Any Senator or officer of the Senate who shall disclose the
secret or confidential business or proceedings of the Senate shall
be liable, if a Senator, to suffer expulsion from the body; and if
an officer, to dismissal from the service of the Senate, and to
punishment for contempt.
25. Whenever, by the request of the Senate or any committee
thereof, any documents or papers shall be communicated to the
Senate by the President or the head of any Department relating
to any matter pending in the Senate, the proceedings in regard
to which are secret or confidential under the rules, said docu
ments and papers shall be considered as confidential, and shall
not be disclosed without leave of the Senate.
RUDE X X X V I I .
E X E C U T IV E SESSIO N — PR O CEED IN G S ON T R E A T IE S .
i . When a treaty shall be laid before the Senate for ratification,
it shall be read a first time; and no motion in respect to it shall
be in order, except to refer it to a committee,3 to print it in con
fidence for the use of the Senate,3 to remove the injunction of
secrecy, or to consider it in open Executive session.
When a treaty is reported from a committee with or with
out amendment, it shall, unless the Senate unanimously other
wise direct, lie one day for consideration; after which it*
3
2
A g re e d to. Fiftieth Congress, first session. Senate Journal, page 428,
March 6, 1888.
2 Agreed to. Fifty-eighth Congress, second session. Senate Journal,
page 320, March 31, 1904.
3 Agreed to strike out “ or,” line 3, clause 1, and in line 4, same clause,
add “ to remove the injunction of secrecy, or to consider it in open E xecu
tive session.” Fiftieth Congress, first session. Senate Journal, page 428,
March 6, 1888.
36
Standing Rules of the Senate.
■ may be read a second time and considered as in Committee
of the Whole, when it shall be proceeded with by articles,
and the amendments reported by the committee shall be first
acted upon, after which other amendments may be proposed;
and when through with, the proceedings had as in Commit
tee of the Whole shall be reported to the Senate, when the
question shall be, if the treaty be amended, “ Will the Sen
ate concur in the amendments made in Committee of the
W hole?” And the amendments may be taken separately, or
in gross, if no Senator shall object; after which new amend
ments may be proposed.1 At any stage of such proceedings the
Senate may remove the injunction of secrecy from the treaty,
or proceed with its consideration in open Executive session.
The decisions thus made shall be reduced to the form of a
resolution of ratification, with or without amendments, as the
case may be, which shall be proposed on a subsequent day,
unless, by unanimous consent, the Senate determine other
wise; at which stage no amendment shall be received, unless
by unanimous consent.
On the final question to advise and consent to the ratification
in the form agreed to, the concurrence of two-thirds of the Sena
tors present shall be necessary to determine it in the affirmative;
but all other motions and questions upon a treaty shall be decided
by a majority vote, except a motion to postpone indefinitely,
which shall be decided by a vote of two-thirds.
2. Treaties transmitted by the President to the Senate for
ratification shall be resumed at the second or any subsequent
session of the same Congress at the stage in which they were
left at the final adjournment of the session at which they
were transmitted; but all proceedings on treaties shall termi1 Agreed to.
March 6, 1888.
Fiftieth Congress, first session.
Senate Journal, page 428,
Standing Rules of the Senate.
37
nate with the Congress, and they shall be resumed at the
commencement of the next Congress as if no proceedings
had previously been had thereon.
3.
A ll treaties concluded with Indian tribes shall be con
sidered and acted upon by the Senate in its open or legislative
session, unless the same shall be transmitted by the President
to the Senate in confidence, in which case they shall be acted
upon with closed doors.
[Jefferson’s Manual, Sec. I J I .
R U LE X X X V III.
E X E C U T IV E SESSIO N — PR O C EED IN G S ON NO M INATIO NS.1
1. When nominations shall be made by the President of the
United States to the Senate, they shall, unless otherwise
ordered, be referred to appropriate committees; and the final
question on every nomination shall be, “ Will the Senate
advise and consent to this nomination?” which question shall
not be put on the same day on which the nomination is
received, nor on the day on which it may be reported by a
committee, unless by unanimous consent.
2. A ll information communicated or remarks made by
a Senator when acting upon nominations concerning the
xIn Executive session, December 16, 1885, Senate Journal, page 1295 :
Resolved, All nominations to office shall be prepared for the printer by
the Official Reporter, and printed in the Record, after the proceedings of
the day in which they are received, also nominations recalled, confirma
tions, and rejections.
In Executive session, December 17, 1885, E x. Sess., Journal, page 237:
Ordered, The Secretary shall furnish the Official Reporters with a list
of nominations to office after the proceedings of the day on which they
are received, and a like list of all confirmations and rejections.
In Executive session, May 2, 1894, E x . Sess., Senate Journal, page 629:
Resolved, The Secretary shall furnish to the press, and to the public
upon request, the names of nominees confirmed or rejected on the day on
which a final vote shall be had, except when otherwise ordered by the
Senate.
Standing Rules of the Senate.
38
character or qualifications of the person nominated, also all
votes upon any nomination, shall be kept secret. If, how
ever, charges shall be made against a person nominated, the
committee may, in its discretion, notify such nominee thereof,
but the name of the person making such charges shall not
be disclosed.
The fact that a nomination has been made, or
that it has been confirmed or rejected, shall not be regarded
as a secret.
3. When a nomination is confirmed or rejected, any Senator
voting in the majority may move for a reconsideration on the
same day on which the vote was taken, or on either of the
next two days of actual Executive session of the Senate; but
if a notification of the confirmation or rejection of a nomi
nation shall have been sent to the President before the
expiration of the time within which a motion to reconsider
may be made, the motion to reconsider shall be accompanied
by a motion to request the President to return such notifica
tion to the Senate.
Any motion to reconsider the vote on a
nomination may be laid on the table without prejudice to the
nomination, and shall be a final disposition of such motion.
4. Nominations confirmed or rejected by the Senate shall not
be returned by the Secretary to the President until the expira
tion of the time limited for making a motion to reconsider the
same, or while a motion to reconsider is pending, unless other
wise ordered by the Senate.
5. When the Senate shall adjourn or take a recess for more
than thirty days, all motions to reconsider a vote upon a nomi
nation which has been confirmed or rejected by the Senate,
which shall be pending at the time of taking such adjourn
ment or recess, shall fall; and the Secretary shall return all
such nominations to the President as confirmed or rejected by
the Senate, as the case may be.
Standing Rules of the Senate.
39
6.
Nominations neither confirmed nor rejected during the
session at which they are made shall not be acted upon at any
succeeding session without being again made to the Senate by
the President; and if the Senate shall adjourn or take a recess
for more than thirty days, all nominations pending and not
finally acted upon at the time of taking such adjournment or
recess shall be returned by the Secretary to the President, and
shall not again be considered unless they shall again be made
to the Senate by the President.
RU LE X X X IX .
th e
p r e s id e n t
f u r n is h e d
w it h
c o p ie s
of
reco rd s
of
E X E C U T IV E SESSIO N S.
The President of the United States shall, from time to time,
be furnished with an authenticated transcript of the Executive
records of the Senate, but no further extract from the E xec
utive Journal shall be furnished by the Secretary, except by
special order of the Senate; and no paper, except original
treaties transmitted to the Senate by the President of the
United States, and finally acted upon by the Senate, shall be
delivered from the office of the Secretary without an order of
the Senate for that purpose.
RULE XL.
SU S P E N S IO N A N D A M E N D M E N T O F T H E R U L E S .
No motion to suspend, modify, or amend any rule, or any
part thereof, shall be in order, except on one day’s notice in
writing, specifying precisely the rule or part proposed to be sus
pended, modified, or amended, and the purpose thereof. Any
rule may be suspended without notice by the unanimous con
sent of the Senate, except as otherwise provided in clause i ,
Rule X II.
40
Standing Rules of the Senate.
O ATH S R EQ U IR ED B Y T H E C O N STITU TIO N AND
B Y L A W TO B E T A K E N U N D E R R U L E II.
B Y SEN A TO RS.
I, A B, do solemnly swear (or affirm) that I will support the
Constitution of the United States.
[June i, 1789,1 stat., 23.
If A B, do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States against all
enemies, foreign and domestic; that I will bear true faith and
allegiance to the same; that I take this obligation freely, with
out any mental reservation or purpose of evasion; and that I
will well and faithfully discharge the duties of the office on
which I am about to enter: So help me God.
[July 11, 1868, 15 Stat., 85.
BY TH E SECRETARY.
♦
I, A B, do solemnly swear (or affirm) that I will support the
Constitution of the United States.
And in addition to the foregoing he w ill also take the follow ing:
I, A B, Secretary of the Senate of the United States of
America, do solemnly swear (or affirm) that I will truly and
faithfully discharge the duties of my said office, to the best of
my knowledge and abilities.
[June 1,17 8 9 ,1 stat, 23.
INDEX -TO THE STANDING RULES OF THE SENATE.
A.
Rale. Clause. Page.
Absent himself from the service of the Senate without leave.
No Senator shall b e ................................................................
5 1
7
Absent Senators. Less than a quorum may request or com
pel the attendance o f ............................................................... 5 3
7
A dditional numbers of a document shall be referred to the
Committee on Printing. All motions to print.............. 29 2
30
Where the cost shall exceed five hundred dollars, the
concurrence of the House of Representatives shall be
necessary.................................................................................. 29 2
30
A djourn. A motion to, shall have precedence of all other
motions........................................................................................ 22 21
A djourn to a day certain shall be second in the order of pre
cedence of motions. A motion t o ...................................... 22 21
Adm ission to the floor of the Senate. Persons entitled to . . . 33 - 3 1 , 3 2
Amendment, when proposed to any pending measure, is laid
on the table, it shall not carry with it or prejudice such
measure...................................................................................... 17 18
When a question is pending, a motion may be made to
am end........................................................................................ 22 21
Amendments. When a question contains several proposi
tions, a division may be called fo r........................................ 18 19
But a motion to strike out and insert shall not be divided. 18 19
Rejection of a motion to strike out and insert one propo
sition shall not prevent a motion to strike out and
insert a different proposition.............................................. 18 19
Rejection of a motion to strike out and insert shall not
prevent a motion simply to strike o u t................................ 18 19
Nor shall the rejection of a motion to strike out prevent
a motion to strike out and insert.......................................... 18 19
In a motion to strike out and insert, the part to be stricken
out and the part to be inserted shall each be regarded
as a question for........................................................................ 18 19
4i
42
Index to the Standing Rules of the Senate.
R u l e . C la u s e . P a g e .
Amendments. It shall not be in order on the third reading of a
bill to offer an amendment except by unanimous consent.
Amendments to general appropriation bills. No amendment
shall be received which will increase an appropriation
in the bill, unless....................................................................
No amendment adding a new item to the bill, unless to
carry out existing law or treaty stipulation, or act or
resolution previously passed during that session shall
be received................................................................................
Amendments moved by direction of a committee or in
pursuance of an estimate of the head of a department
may be received.. . ................................................................
A ll amendments moved by direction of a committee must
be referred to the Committee on Appropriations one day
before being offered..............................................................
No amendment to an amendment increasing the appro
priation therein shall be received......................................
Amendments to river and harbor bills shall also be re
ferred before being o ffered ..................................................
Amendments to post-road bills shall also be referred be
fore being offered....................................................................
No amendment proposing general legislation shall be
received......................................................................................
No amendment not relevant or germane to the subjectmatter of the bill shall be received....................................
An amendment to a general appropriation bill may be
laid on the table without prejudice to the b ill..............
No amendment to provide for a private claim shall be
received, unless to carry out existing law, etc..............
Amendments to the Rules. (See Rules.)
Am endments to treaties shall be determined by a majority
vote. A ll questions o f...........................................................
Anthony rule. Known as th e........................................................
A ppeals, in questions of order. E very question of order de
cided by the Chair shall be subject to an appeal to the
S en ate.........................................................................................
When an appeal is pending, any question of order or
appeal that may afterwards arise shall be decided with
out debate..................................................................................
If an appeal be laid on the table, it shall be held as affirm
ing the decision of the Chair..............................................
Appropriation bills. (See General appropriation bills.)
Attendance of absent Senators. The Sergeant-at-Arms may
be directed to request, and, when necessary, compel the .
15 2 16, 17
16 1
17
16
1
17
16
1
17
16
2
18
16
2
18
16
2
18
16
2
18
16
3
18
16
3
18
16
3
18
16
4
18
37 1
8 -
36
u
20
1
20
20
I
20
20
1
20
5 3
7
m
Index to the Standing Rules of the Senate.
43
B.
R u le . C lause. Rage.
Ballot. The chairman and members of the standing commit
tees shall be appointed b y .................................................... 24 1
22
A majority shall choose a chairman and a plurality the
other members of a standing committee.......................... 24 1
22
B ills and jo in t resolutions. Order in which the Chair shall
call for, under “ morning business ” ..................................
7 1
9
Manner of introduction of pension bills, bills for the
payment of private claims, or for the correction of
naval or m ilitary records.................... .................................
7
2
9
Bills or other matter sent to the Senate by the President or
House of Representatives may at any time be laid before
the Senate by the Presiding Officer or upon m otion. . . 7 6
11
Bills and resolutions, not objected to, to be taken up in
their o rd er................................................................................
8
11
To proceed to the consideration of, on the Calendar out
of regular order, a privileged motion................................
9 12
Whenever offered, their introduction shall, if objected to,
be postponed for one d a y.................................................. 14
1
15
When presented may be postponed one day unless by
unanimous consent................................................................ 14
1
15
Shall have three several readings before passage, which
shall be on three different days unless by unanimous
consent...................................................................................... 14 " 2 15
M ay read the first and second times by title only unless. 14 2
15
M ay be read twice on the same day for reference o n ly ... 14 3 15, 16
If not referred, they shall not be considered as in Com
mittee of the Whole, nor debated if objected to, but
shall go on the Calendar...................................................... 14 4 16
A ll bills and joint resolutions reported from a committee
shall also go on the Calendar................................................ 14 4
16
Before amendment shall be considered as in Committte
of the W hole............................................................................
15 1
16
When ordered to a third reading they shall not be open
to amendment unless by unanimous consent.................... 15 2 16 ,17
But may be committed before the question is put upon
the passage.................................................................................. 15 2
17
If committed when reported shall again go on the Calen
dar as bills in Committee of the W hole.............................. 15 2
17
May be accompanied by a preamble, which may be with
drawn, or laid on the ta b le .................................................... 23 - 21, 22
Enrolled, may be signed by Senator designated by Presi
dent pro tempore to perform duties of the Chair..............
(N ote.) 6
44
Index to the Standing Rules of the Senate.
R u l e . C la u s e .
General appropriation bills. All general appro
priation bills shall be referred to the Committee on
Appropriations, except river and harbor, agricul
tural, Army, M ilitary Academy, Indian, naval,
pension, and Post Office..................................................
Limitations to amendments which may be proposed to .
Amendments proposing new items of appropriation
shall before being offered be referred ........................
No amendment proposing general legislation shall
be proposed to any general appropriation b ill..........
No amendment to provide for a private claim shall be
offered unless to carry out existing la w ......................
B ills , p riva te, may be referred to the Court of C laim s.. . .
Business. Order of m orning....................................................
Business of the Senate continued from session to session.
The le g isla tiv e ..................................................................
P agQ
B ills.
16
i
17
16 1-4 17 ,18
16
2
18
16
3
18
16
15
7
4
3
1
18
17
9
32
-
31
8, 9
8,9
- 11- 12
- n -12
C.
Calendar o f general orders. At the expiration of the
morning business, the Senate shall take up the . . . .
Subjects on the Calendar to be taken up in their order.
E very bill and joint resolution reported from a com
mittee, and bills and joint resolutions from the
House of Representatives, read twice but not re
ferred, shall be placed on th e........................................
To proceed to the consideration of an appropriation or
revenue bill on the, out of its order a privileged
motion..................................................................................
To proceed to the consideration of any other bill on
the, out of its order, a privileged m otion ..................
To pass over the pending subject on the, a privileged
m otion..................................................................................
To place pending subject at the foot of the, a privileged
motion..................................................................................
Call o f the Senate. When a question is raised as to the
presence of a quorum, the Chair shall direct the roll
to be called..........................................................................
Capitol building. The Senate wing of the Capitol build
ing, its corridors and passages, to be under the con
trol of the Committee on R u le s....................................
Certificates of election of Senators. To be recorded in wellbound b o o k .......................................
Form o f . ..................................................................................
C h ief Clerk, when to perform duties of the C h a ir...............
Claims rejected by the Senate can not be again referred
unless new evidence be presented................................
14
4
16
9
-
12
9
-
12
9
12
9
-
12
5
2
7
34
2
33
6
6
1
2
2
8
8
5
31
- 30 ,31
Index to the Standing Rides of the Senate.
45
R u l e . C la u s e . P a g e .
Claims adversely reported on can not be withdrawn without
leaving copies. Petitions and papers relating to private. 3
30 2
3°
The papers may be sent to the proper officer by the Sec
retary. Where acts have passed for private................... 1
30 1
30
Papers in relation to, to be transmitted by Secretary of
Senate to committee having claim under consideration. 31 3i
After adverse report agreed to papers can not be with
drawn from Senate files to be referred unless on new
evidence.................................................................................... 31 ;
3i
Closed doors. On the discussion of a subject which may re
quire secrecy, the galleries shall be cleared and the
doors closed............................................................................... ;
35 33
Commit. After the third reading and before the passage of a
bill a motion may be made t o ............................................ 15 2
17
When a question is pending, the order stated in which a
motion may be made t o ............................ ........................... 22 21
A motion to, not open to amendment except to add in
structions .................................................................................. 26 1
28
Committee o f the Whole. All bills and joint resolutions
16
shall, before passage, be first considered as i n .............. 15 1
When a bill is recommitted and again reported, it shall
be again considered as in ...................................................... 15 2
17
Treaties when acted upon in executive session shall be
first considered as i n .............................................................. 37 1
36
Committee on Rules, to have control of Senate wing of the
Capitol building, its corridors, e t c .................................... 34 2
33
Committees. Order in which the Chair shall call for reports o f. 7 X
9
The standing committees, unless otherwise ordered, shall
be appointed by b a llo t.......................................................... 24 1
22
A majority of votes necessary to the choice of a chairman. 24 1
22
Select committees and the residue of the standing com
mittees may be chosen by a plurality................................ 24 1
22
Vacancies in committees when filled shall be only to fill
up the number of members.................................................. 24 2
22
Enumeration of the standing committees to be appointed
at the commencement of each Congress.......................... 25 1 22-27
A motion to refer to a standing committee shall take pre
28
cedence of a motion to refer to a select committee
26 1
A motion to refer shall not be open to amendment, except
28
26 1
26
Quorum of, when composed of more than three Senators,
• 25
2
28
3
28
46
Index to the Standing Rules of the Senate.
R a l e . C la u s e . P a g e .
Committees to Audit and Control the Contingent Expenses of
the Senate, on Printing, and on the Library, shall con
tinue and have power to act until their successors are
appointed..................................................................................
Committees o f conference. Reports of committees of confer
ence shall be always in order, except, etc., and the
question of their consideration shall be immediately
put without d eb ate................................................................
Concurrent and other resolutions. Order in which the Chair
shall call for, under “ morning business ” ......................
Conference. Reports of committees of conference shall
always be in order, and the question of their consider
ation be immediately put without debate........................
Confidential communications from the President, and all
treaties, proceedings, and remarks thereon, shall be
kept secret................................................................................
Confidential business of the Senate. Penalties for disclosing
t h e ................
25 2
27
27 - 28, 29
7 1
9
27 - 28, 29
36 3
34
4
35
36
Shall be kept in a separate book............................................ 4 2
Contingent fu n d of the Senate shall be referred to the Com
mittee on Contingent Expenses. A ll resolutions for the
payment of money from the................................................ 25 1
Court o f Claims. To refer private bills to th e .......................... 15 3
Credentials of Senators elect shall always be in order, and be
proceeded with until disposed of by the Senate. The
presentation o f ........................................................................
6 1
7
23
17
7,8
D.
D aily sessions. Commencement o f..............................................
3
D ay certain. When a question is pending, a motion may be
made to postpone to a ............................................................ 22
Debate. If a Senator in speaking, or otherwise, transgress
the rules, the Presiding Officer shall, or any Senator
may, call him to o rd e r............................................................ ,19
When called to order he shall sit down, and shall not pro
ceed wdthout leave of the Senate........................................ 19
If leave be granted to proceed, it shall be on motion, and
determined without................................................................ 19
If a Senator be called to order for words spoken in debate,
the exceptionable words, if required, shall be taken
d o w n ........................................................................................... 19
The Presiding Officer shall name the Senator who is to
speak, who, in all cases, shall be the Senator who shall
first address the Chair............................................................ 19
-
6
-
21
4
20
4
20
4
20
5
20
I
19
Index to the Standing Rules of the Senate.
47
R u l e . C la u s e . P a g e .
Debate. No Senator shall interrupt another without his con
sent, to obtain which he shall first address the Chair ..
19 I
19
No Senator shall impute to another Senator any conduct
or motive unworthy or unbecoming a Sen ator.............. 19 2
19
No Senator shall refer offensively to anyState of theUnion.
19 3
19
No Senator shall speak more than twice on any one ques
tion on the same day without leave of the Senate, to
be determined w ith out.................................................... 19
1
19
Upon the merits of the question. A motion to take up a
subject shall be decided without.................................. 7
3
10
Petitions and memorials to be presented and referred
w ithout..............................................................................
7
5
10
No Senator to speak but once, and for five minutes only, on
bills and resolutions upon the Calendar not objected to .
8 11
A motion to lay before the Senate any bill or other mat
ter sent to the Senate by the President or House of
Representatives shall be decided without........................
7 6
11
A motion made before 2 o’clock to proceed to the con
sideration of any matter shall be determined w ith ou t.. 8 12
A motion to change the order of special orders or to pro
ceed to the consideration of other business shall be
decided w ith ou t........................................................................ 10 2
13
Decision is announced. No Senator shall, under any circum
stances, be permitted to vote after a .................................... 12 1
13
But he may, for special reasons, by unanimous consent,
change or withdraw his vote after a .................................... 12 1 13 ,14
Any motion or resolution may be withdrawn or modi
fied, except a motion to reconsider before an amend
21
ment, ordering the yeas and nays, or before a ................ 21 2
Departments, heads of, no communications to be sent by, ex
cept authorized by law unless transmitted by the
P re sid e n t.................................................................................. (Note) 16
Discharge o f a committee. A motion to discharge a commit
tee from a subject shall lie one day for consideration,
u n le s s .................................................................................... 26
2
28
All subjects from which a committee shall be discharged
shall also lie one day for consideration, unless......... 26
2
28
D ivision o f a question. If the question in debate contain
several points any Senator may have the same divided. . 18 19
A motion to strike out and insert shall not be d ivid ed ... 18 19
Doors to be closed. On the discussion of any business which
may in the opinion of a Senator require secrecy, upon
a motion made and seconded the Presiding Officer
shall direct t h e ............................................ .......................... 35 33*
48
Index to the Standing Rules of the Senate.
E.
R u l e . C la u s e .
Enrolled, bills. (See Bills and joint resolutions.)
Exceptionable words shall be taken down. If a Senator be
called to order for words spoken in debate, th e............
E xcu sed fro m voting. In calling the yeas and nays, each
Senator, when his name is called, shall answer without
debate, unless for special reasons he b e ..........................
When reasons shall be assigned for not voting, their suffi
ciency shall be determined without debate....................
These proceedings shall be after the roll is called, and
before the decision is announced......................................
E xecu tive business, a motion to proceed to consideration of,
shall be decided without debate........................................
The President shall have a seat on the right of the Chair
when he shall meet the Senate for consideration of . . .
The Senate shall be cleared of all persons except the offi
cers in attendance (who shall be sworn to secrecy) when
acting upon. (See also note.) ............................................
Unless the Senate is in open Executive session..................
All confidential communications made by the President,
and all treaties, and remarks, votes, and proceedings
thereon, shall be kept secret, except as provided..........
Any person who shall disclose the secret proceedings of
the Senate shall, if a Senator, be liable to expulsion; if
an officer, to dism issal..........................................................
All documents or papers communicated to the Senate by
the President or the head of any Department, relating
to any matter secret or confidential under the rules,
shall be considered as confidential....................................
Proceedings upon treaties. (See Treaties.)
Proceedings upon nominations. (See Nom inations.)
E xecu tive record. The President shall, from time to time,
be furnished with an authenticated transcript of the ..
No further extracts shall be furnished by the Secretary
without an order of the S en a te ..........................................
E xecu tive proceedings of the Senate shall be kept in a sepa
rate b o o k ...................................................................................
E x t r a copies of documents shall be referred to the Committee
on Printing. Motion to p rin t............................................
When the cost of additional copies shall exceed five hun
dred dollars the concurrence of the House shall be
necessary..................................................................................
Extracts from the Executive Journal shall not be given with
out an order of the Senate....................................................
Page.
19
5
20
12
1
13
12
2
14
12
2
14
22
-
21
36
1
33
2
2
34
34
36
36
36 3 34,35
36
4 35
36
5 35
39
39
39
-
39
4
2
7
29 2
3°
29 2
30
39
39
-
Index to the Standing Rules of the Senate.
* F.
Floor of the Senate.
49
Rule. Clause. Page.
Persons entitled to admission to the. . . . 33
- 3 1,32
G.
Galleries, confusion in the, etc., duty of Chair to enforce
order in ...................................................................................... 19 5
Galleries to be cleared and the doors closed, on discussing a
question requiring secrecy. The Chair shall direct th e . 35 General appropriation bills. A ll general appropriation bills
shall be refessed to the Committee on Appropriations,
except the bill making appropriations for rivers and
harbors, the agricultural bill, the Army and the Mili
tary Academy bills, the Indian bill, the naval bill, the
pension bill, and the Post Office b ill................................ 16 1
To proceed to the consideration of, a privileged m otian.. 9 Amendments to. No amendments shall be received
which shall increase the appropriation, unless to carry
out some existing law or resolution of the Senate, or by
direction of a standing or select committee, or in pur
suance of an estimate of the head of a D epartm ent.. . . 12 1
A ll amendments proposing to increase an appropriation
shall one day previous to being offered be referred to
the Committee on Appropriations............................
16 2
No amendment shall be proposed to an amendment
increasing the amount in such amendment.................... 16 2
Amendments moved by direction of a committee shall be
first referred to the Committee on Appropriations........ 16 2
No amendment proposing general legislation, or that is
not germane or relevant to the subject of the bill, shall
be received............................................................................... 16 3
No amendment to any item or clause that does not
directly relate thereto shall be received.......................... 16 3
All questions of relevancy or amendments shall be de
cided by the Senate without debate.................................. 16 3
No amendment providing for a private claim, unless to
carry out a law or treaty stipulation, shall be received. 16 4
Aey amendment to a general appropriation bill may be
laid on the table...................................................................... 16 3
General legislation to general appropriation bills. No amend
ment shall be admitted proposing...................................... 16 3
General orders. (See Calendar.)
Germane, No amendment to any appropriation bill shall be
offered which is not relevant o r..........................
16 3
80281°—15------ 4
20
33
17
12
17
17
17
17
18
18
18
18
18
18
18
50
Index to the S tan din g R ules of the Senate.
I.
Rule. Clause. Page*
Impeachment, court of. Proceedings recorded...........................
Indefinite postponement. When a question is pending, a
motion may be made f o r ......................................................
Indian treaties shall, unless transmitted by the President in
confidence, be acted upon in legislative session............
Injunction of secrecy. All confidential communications from
the President, and all treaties, and remarks and pro
ceedings thereon, are embraced within th e......................
A ll information given or remarks made by a Senator
touching the character or qualifications of a nominee,
and all votes on a nomination, are within the................
A person nominated may be notified of charges made
against him, but the name of the person making them
shall not be disclosed..............................................................
A Senator disclosing the confidential or secret business of
the Senate shall be liable to expulsion..............................
An officer of the Senate committing a like offense shall
be dismissed and punished for contempt..........................
4
2 7
22
-
21
37
3
36
36
3
34
38
2
37
38
2
37
36
4
34
36
4
34
3
1
6
3
1
6
1
6
x
6
JJournal. A quorum being present, the Journal of the pre
vious d a y ’s session shall be read, and any mistake in
the entries corrected...........................................................
The reading of the, shall not be suspended unless by
unanimous consent...............................................................
A motion to amend the Journal shall be deemed a privi
leged question and be proceeded with until disposed o f.
The proceedings of the Senate shall be briefly and accu
rately stated on t h e .............................................................
Every vote of the Senate, and a brief statement of each
memorial or paper presented, shall be entered on the. .
The legislative, executive, and impeachment proceedings
of the Senate shall be each recorded in a separate..........
3
4
4
4
1
7
2
7
-
21
1
3
1
14
18
20
L.
Laid on the table. The preamble to a bill or resolution may,
without carrying the bill or resolution, b e .................... 23
A motion to reconsider may be, without carrying the
subject, and shall be a final disposition thereof............ 13
An amendment to a general appropriation bill may b e ...
16
An appeal from the decision of the Chair may b e ............ 20
When a question is pending, a motion may be made to lay
on the table, which shall be decided without debate...
22
- 2 1
Index to the Standing Rules of the Senate.
51
Rule. Clause. Fage.
Leave to introduce a bill. May be offered if no objection... 14
Leave o f the Senate. A motion to reconsider shall not be
withdrawn without................................................................. 21
No Senator shall absent himself from the service of the
Senate w ithout........................................................................ 5
No Senator shall speak more than twice on any one ques
tion on the same day without............................................. iq
A Senator when called to order shall sit down and shall
not proceed w ith o u t.............................................................. xq
No memorial or other paper, except original treaties,
shall be withdrawn w ith ou t............................................ , 30
Legislative business. The legislative business of the Senate
shall be continued from session to session of the same
Congress.................................................................................... 32
The legislative proceedings of the Senate shall be recorded
in a separate b o o k ..................................................................
4
1
15
2
21
1
7
x
jq
4
2o
1
_
3I
2
7
1
15
M.
M ajority. A motion to reconsider a vote may be decided
by a ............................................................................................
All questions upon a treaty, except on the question of
ratification, and on a motion to postpone indefinitely,
shall be by a ............................................................................
M em orials and petitions shall be referred without putting the
question....................................................................................
Before being presented or read they shall be signed, in
dorsed with a brief statement of their contents, and
referred without d eb ate........................................................
Manner of presentation of after morning hour..................
Of foreign citizens or subjects shall not be received unless
through the Presid ent..........................................................
Where an adverse report has been made they shall not be
withdrawn, unless copies are left with the Secretary ..
Shall not be withdrawn from the files without leave of
the S en a te ................................................................................
When an act has passed for the settlement of a private
claim, the Secretary may transmit the papers to the
accounting officers.............
Merits of the question proposed to be considered. It shall
not be in order to discuss th e..............................................
Messages from the President and from the House of Repre
sentatives may be received at any stage of the proceed
ings except................................................................................
13
37 x
7 4
IO
7 3
7 2
IO
9, 10
7 5 10, 11
30 2
30
30 x
30
30 1
30
7 3
10
28 1
29
52
Index to the Standing Rules of the Senate.
R u l e . C la u s e . P a g e .
Messages to the House and communications to the President
29
shall be taken by the Secretary.......................................... 28 2
Modify the Rules. (See Rules.)
M orning business. Order in which it is laid before the Sen
ate, after the Journal is read................................................ 7 1
9
Until concluded, or until i o’clock, no motion to proceed
to the consideration of any bill, resolution, etc., upon
the Calendar shall be entertained unless by unanimous
consent, and shall not be subject to amendment, and
shall be decided without debate on the merits of the
10
subject.................................... .................................................... 7 3
At the conclusion of the, for each day, unless otherwise
ordered, the Calendar of Bills and Resolutions shall be
11
proceeded writh until 2 o’clock............................................ 8 The order of, which shall not be interrupted, unless by
unanimous consent, prescribed.......................................... 7 I
9
No motion to proceed to the consideration of subjects
on the Calendar shall be received during, or up to 1
10
o’clock, except by unanimous consent, during t h e .. . . 7 3
A motion received by unanimous consent to take up a
subject shall not be open to amendment, and shall be
10
decided without debate on the merits of the question.. 7 3
M arning hour. Terminates two hours after meeting of Senate. 8 (Note 3) 11
Motions. A motion to lay before the Senate bills or other
matter sent to the Senate by the President or House of
11
Representatives, in order at any tim e .............................. 7 6
To reconsider shall be decided by a majority vote............ 13 1
15
Before a motion shall be debated it shall, if required, be
21
reduced to w ritin g.................................................................. 21 1
Which may be made when a question is under considera
21
tion; their order and precedence...................................... 22 A motion or resolution may be withdrawn or modified
before a division, amendment, or ordering of the yeas
and n a y s.................................................................................... 21 2
21
A motion to reconsider shall not be withdrawn without
leave of the S e n a te ................................................................. 21 2
21
A motion to discharge a committee shall lie over one day
for consideration, unless by unanimous consent............ 26 2
28
N.
Nominations. The question on their confirmation shall not
be put on the same day on which they are received, nor
on the day on which they may be reported, u nless.. . . 38
1
37
Rule. Clause. Page.
N
00
c
O
Nominations. Shall be prepared for the printer by the Offi
cial Reporter, and printed in the Record; also nomina
tions recalled, confirmations, and rejections.................. 38(Note)37
The Secretary shall furnish the Official Reporters with a
list of nominations, and a like list of all confirmations
and rejections...................................................................... .. 38(Note)37
The Secretary shall furnish to the press, and to the public
upon request, the names of nominees confirmed or
rejected, e x c e p t...................................................................... 38(Note)37
Discussions upon the character and qualifications of a
nominee and the votes upon a nomination shall be
kept secret.......... ...................................................................... 38
The person nominated may be notified of charges against
him, but the name of the party making them shall not
be disclosed.............................................................................. 38
38
A motion to reconsider the vote on a nomination may be
made within next two days of actual session.................. 38 3
38
Notice of confirmation shall not be sent to the President
until the expiration of next two days of actual session.. 38 4
38
When the President has been notified of a confirmation,
a motion to reconsider must be accompanied by a re
quest to the President to return the notification of con
firmation ............................................................................ . . . 38 3
38
A motion to reconsider the vote on a nomination may be
laid on the table, which shall befinal............................... 38 3
38
Upon an adjournment of Congress, or a recess of more than
thirty days, all motions to reconsider shall fall, and the
nominations stand as confirmed or rejected, as the case
may b e .................................................. .................................... 38 5
38
38
Not confirmed or rejected at one session shall not be con
sidered at the next session unless renom inated............ 38 6
39
Upon an adjournment of Congress, or on taking a recess
of thirty days, all nominations not finally acted upon
shall be returned to the President..................................... 38 6
39
O.
Oaths o f office. The oaths required by the Constitution and
prescribed by law shall be taken and subscribed by Sen
ators in open Senate before entering upon their duties.
Forms o f................................................................................
Order o f business. After the conclusion of the morning busi
ness, prescribed......................................................................
After the consideration of cases not objected to upon the
Calendar is completed, and not later than 2 o’clock,
p rescribed ................................................................................
2 -
6
40
8 -
11
9 -
21
54
In d ex to the S ta n d in g R ules o f the Senate.
R u l e . C la u s e . P a g e .
Order in debate. When a Senator shall be called to order, he
shall sit down, and shall not proceed without leave of
the Senate, which shall be determined without debate.
No Senator shall speak to or interrupt another without
his consent, to obtain which he shall first address the
C h a ir.......................................................................... : .............
No Senator shall impute to another Senator any conduct
or motive unworthy or unbecoming a S en ato r..............
No Senator shall refer offensively to any State of the
U n io n ........................................................................................
If a Senator be called to order for words spoken in de
bate, the exceptionable words, if required, shall be
taken d o w n ..............................................................................
The Presiding Officer shall name the Senator who is to
speak, who shall in all cases be the one who shall first
address the Chair....................................................................
No Senator shall speak more than twice on any one ques
tion on the same day without leave of the Senate, to be
determined without debate..................................................
A motion to take up a subject shall not be open to debate
on the merits of the subject proposed to be considered.
Order in the galleries. (See Galleries.)
Order, questions of. A question of order may be raised at any
time except, and shall be decided by the Chair with
out debate..................................................................................
An appeal may be taken from the decision of the Chair
on a question of order............................................................
The Chair may submit any question of order to the deci
sion of the S e n a te .......................
When an appeal is taken from the decision of the Chair,
any subsequent question of order or appeal shall be
decided without d eb ate........................................................
An appeal may be laid on the table, which shall be re
garded as sustaining the decision of the C h a ir..............
19
4 20
19
1
19
2 19
19
3
19
5 20
19
I
19
19
1
19
7
3
10
19
19
20
1 20
20
1
20
2 20
20
1
20
r 20
20
20
P.
Papers. When the reading of a paper is called for, and ob
jection be made, it shall be submitted to the Senate
without d eb ate........................................................................ ! x
No papers, except original treaties, shall, without leave
of the Senate, be withdrawn from its file s...................... 30
When an act has passed for the settlement of a private
claim, the Secretary may transmit the papers to the ac
counting officers...................................................................... 30
1 30
1 30
In d ex to the S ta n d in g R ules o f the Senate.
55
Rule. Clause. Page.
Papers. When a claim has been adversely reported on, and
the report be agreed to, the papers shall not be referred
from the files without new evidence.................................. 3 1 - 30, 31
Where an adverse report has been made, papers shall not
be withdrawn without leaving copies with the Secretary. 30 2
30
Pending measure. Amendment proposed to any, is laid on
the table without carrying the measure to the table or
prejudicing the same.............................................................. 17 18
Petitions, before being presented, must be signed, indorsed
with a brief statement of their contents, and referred
without debate........................................................................ 7 5
10
Manner of presentation o f........................................................ 7 2 9,10
O rderiuwhichtheChairshallcallfor,inthem orninghour. 7 1
9
Order to print in Record covers body of petition o n ly ... 7 (Notei) 11
No petition or other paper signed by citizens or subjects
of a foreign power shall be received unless through the
P resid en t.................................................................................. 7 5 10, n
Every petition shall be referred without putting the ques
tion,* unless there be objection............................................ 7 4
10
Plurality o f votes. Select committees and the members of
standing committees (except the chairman) shall be
elected by a .............................................................................. 24 1
22
Postpone indefinitely. When a question is pending, a motion
may be made t o .................................................. ....................22
21
Preamble to a resolution. The question shall be first put
upon the resolution, and last on the p ream ble.............. 23 - 21, 22
To a resolution may be withdrawn before an amendment
or ordering of the yeas and nays. It may also be laid
on the tab le.............................................................................. 23 - 21, 22
To a bill shall be last put to question, and may also be
laid on the ta b le ...................................................................... 23 22
President of the United States. Heads of departments not to
send communications except through t h e ......................
(Note) 16
President pro tempore. (See Presiding Officer.)
Presiding Officer o f the Senate. In the absence of the VicePresident, the Senate shall choose a President pro tem
pore ............................................................................................ 1 1
5
Tenure of office of President pro tempore............................ 1 (Notei) 5
In the absence of the Vice-President and pending the
election of a President pro tempore, the Secretary, or,
in his absence, the Chief Clerk, shall perform the
duties of the Chair...................................... ........................... 1 2
5
He shall have the right to name a Senator to occupy the
Chair, who shall not hold beyond an adjournment except 1 3
5
56
Index to the Standing Rules o f the Senate.
Role. Clause. Page.
P residing Officer o f the Senate. In the event of a vacancy in
the office of Vice-President the, shall have the right to
name a Senator to occupy the Chair..................................
He may at any time lay before the Senate bills or other
matter sent to the Senate by the President or House of
R epresentatives......................................................................
The Presiding Officer shall decide every question of order
without debate, subject to an appeal to the S en a te.. . .
He may submit any question of order without decision
to the Senate............................................................................
Senator designated by President pro tempore to perform
duties of the chair may sign enrolled bills......................
P rinting. Every motion to print, except to print bills,
reports of committees, resolutions, communications
from State legislatures and conventions, and motions
to print, made by direction of committees, shall be
referred to the Committee on, unless................................
All reports of committees, unless for the dispatch of busi
ness the printing be dispensed with, shall be printed..
Motions to print additional numbers shall be referred to
the Committee on ...................................................................
When the cost of printing additional numbers shall exceed
five hundred dollars, it shall be by concurrent resolution.
Every bill, joint resolution, and report of committee shall
be printed u n less.....................................................................
Private bill. May be referred to Court of Claim s....................
P rivate claim. No memorial or other papers relating to, shall
be withdrawn from the files without leave of the Senate.
Where a private act has passed, the Secretary may transmit
the papers to the officer charged with the settlem ent..
No private claim, which has been rejected, shall be again
referred from the files without new evid en ce................
Where an adverse report has been made on a private claim,
the papers shall not be withdrawn without leaving copies
No amendment shall be proposed to any general appro
priation bill whose object is to provide for a, u n less...
P rivate secretary of Senator shall not be admitted to the floor
until borne upon the rolls of the Secretary as such........
P rivileged motions, save as against a motion to adjourn, to
proceed to Executive business, or questions of privilege,
and shall be decided without d eb ate ................................
P rivileges o f the flo o r ........................................................................
i
4
5,6
7 6
ii
20
I
20
20
2
20
(Note i) 6
29 1
29
29
3
3°
29 2
30
29 2
30
29
3
15 3
3°
17
30
1
30
30
1
30
31
- 3° , 3 I
30
2
30
l6 4
18
33 -
32
12
9 _
33 - 3 b 32
Q.
Question o f order shall be decided by the Chair, without
debate, subject to an appeal to the Senate. E v e ry ___
i
20
h id e x to the S ta n d in g R u les o f the Senate.
57
Rule. Clause. Page.
Question o f order. The Chair may submit any question of or
der to the decision of the Senate........................................
When an appeal is taken from the decision of the Chair,
. any subsequent question of order or appeal shall be de
cided without debate..............................................................
An appeal from the decision of the Chair may be laid on
the table, which shall be held to affirm the decision of
the C h a ir..................................................................................
Question o f privilege. A motion to amend or correct the
Journal shall be deemed a, and shall be proceeded with
until disposed o f......................................................................
When in o r d e r............................................................................
Certain privileged motions may be submitted....................
Question under debate contains several points, any Senator
may call for a division. If t h e ..........................................
But a motion to strike out and insert shall not be divided.
But, pending a motion to strike out and insert, each part
shall be regarded as a question; and the part to be
stricken out shall be first open to am endm ent..............
Quorum. The journal of the proceedings of the preceding
day shall be read, there being present a ..........................
Shall consist of a majority of the Senators duly chosen
and sworn..................................................................................
The presence of a quorum being questioned, the Chair shall
direct the roll to be called to ascertain the presence of a .
A majority of the Senators present may request or com
pel the attendance of Senators to make a ........................
Pending the execution of the order requiring the pres
ence of absent Senators, no debate or motion shall be
in order but to ad jo u rn ........................................................
No request for unanimous consent for final vote on a bill,
etc.,shall be submitted until a roll call shows a, present.
Of committees, composed of more than three Senators to
be fixed by the m em bers......................................................
20
2 20
20
1 20
20
1
20
3 1 6
g
j7 g
9
- 12
18
x8
-
19
19
18
-
19
3
1
6
3
2
6
5
2
7
5
3
7
5
3
7
12
3 14
25
3 28
R.
Reading o f a paper. When the reading of a paper is called
for, and it be objected to, it shall be decided by the
Senate without d eb ate.......................................................... 11
Recess. Pending the consideration of a question, a motion,
whichshallbedecidedwitlioutdebate.m aybem adefora. 22
Recess o f the Senate f o r more than thirty days. A ll nomina
tions and motions to reconsider nominations shall fall
upon a ........................................................................................ 38
Reconsideration. A motion to reconsider may be made by
any Senator voting on the side that prevailed............... 13
-
13
- 21
5 38
1 14
58
Index to the Standing Rules o f the Se?iate.
Rule. Clause. Page.
Reconsideration. A motion to reconsider may be made within
the two next days of actual session, and shall be decided
by a m ajority............................................................................ 13 1
When a bill or other matter shall have gone out of the
possession of the Senate, the motion to reconsider
shall be accompanied by a request for the return of
the sam e...................................................................................... 13 2
Which last motion shall be determined at once and with
out d eb ate .................................................................................. 13 2
If the Senate shall refuse to reconsider a vote, or upon
consideration shall reaffirm its first decision, it shall not
be in order to move to reconsider unless............................ 13 1 14,
A motion to reconsider may be laid on the table wdthout
prejudice to the main q u estion ............................................ 13 1
And if laid on the table, shall be a final disposition of
the motion.................................................................................. 13 1
A motion to reconsider shall not be withdrawn without
leave of the Senate.................................................................... 21 2
A motion to reconsider a vote on a nomination may be
laid on the table, and shall be fin a l.................................... 38 3
A motion to reconsider a vote on a nomination returned
to the President must be accompanied by a request for
its return to the S e n a te .......................................................... 38 3
Motions to reconsider nominations shall fall, upon a recess
of thirty days or on final adjournment................................ 38 5
Reduced to w riting. Before a motion shall be debated, if re
quired, it shall be...................................................................... 21 1
Reference to a committee. A motion to refer shall not be open
to amendment unless it be to add instructions................ 26 1
A motion to refer to a standing committee shall have
precedence of a motion to refer to a select committee . . 2 6 1
Every bill and joint resolution shall be read twice before. 14 3
Before the final vote on the passage of a bill or resolution
it shall be in order to move its .............................................. 15 2
Relevant to the subject-matter thereof. No amendment shall
be proposed to any general appropriation bill which
shall not be germane o r .......................................................... 16 3
Reports o f committees. The order in which they shall be
called for by the Chair under “ morning business” . . . 7 1
If objected to, the consideration of the report of a com
mittee shall lie over one d a y ................................................ 26 2
Reports o f committees. All reports of committees shall be
printed, unless for the dispatch of business the print
ing be dispensed w ith............ ....................................•.......... 2q 3
14
15
15
15
14
15
21
38
38
38
21
28
28
15
17
18
9
28
30
In d ex to the S ta n d in g R ides o f the Senate.
59
R u l e . C la u s e . P a g e .
Reports o f committees o f conference shall always be in order,
and when made the question of their consideration
shall be immediately put and decided without debate..
Resolutions. The order in which they shall be called for
by the Chair under “ morning business” ........................
Not objected to, to be taken up in their order..................
When accompanied by a preamble, the question shall be
first put on the resolution, then on the preamble, which
may be withdrawn or laid on the table............................
A resolution may be withdrawn or modified by the mover
before an amendment or ordering of the yeas and nays.
A resolution to pay money out of the contingent fund shall
be referred to the Committee on Contingent Expenses.
All resolutions shall, if their consideration be objected
to, lie over one d a y ................................................................
Revenue bills, to proceed to the consideration of, a privileged
motion........................................................................................
Rules. No motion to suspend, modify, or amend any rule,
except on one day’s notice in w ritin g ..............................
Any rule may be suspended, modified, or amended with
out notice by unanimous consent, except Rule X I I . . . .
But no motion shall be in order to suspend Rule X II,
in respect to v o tin g .................................................................
27 - 28, 29
7 1
8 -
9
11
23 ~ 21, 22
21 2
21
25 I
23
14 5
16
9 -
12
40 -
39
40 -
39
40 12 1
39
i4
35 -
33
S.
Secrecy. The galleries shall be cleared and the doors closed
on the discussion of a question that may require..........
All confidential communications from the President, and
all treaties and debates and proceedings thereon, shall
be kept secret..........................................................................
All matters touching the character and qualifications of
a nomination, and all votes and proceedings thereon,
shall be kept secret................................................................
Removal of injunction of secrecy from Report of Com
mittee on Rules. (Note 3 ) . . . ' ........................................
Removal of injunction of secrecy from any part of the
proceedings shall be entered in the Legislative Journal
and Executive Journal, and published in the Record
(Note 3 ) ....................................................................................
A Senator disclosing the confidential or secret business of
the Senate shall be liable to e xp u lsio n ............................
An officer of the Senate committing a like offense shall
be dismissed and punished for acontempt........................
3 6 3 34,35
38
2 37,38
36
3
34
36
3
34
36
4
35
36 4
35
6o
In d ex to the S ta n d in g R u les o f the Senate.
R u l e . C la u s e .
Page.
Secrecy. All documents or papers communicated to the
Senate by the President or the head of any depart
ment, relating to any matter secret or confidential
under the rules, shall be considered as confidential---- 36 5
35
Secretary o f Senate. When to perform duties of the Chair . . 1 2
5
To keep record of certificates of election of Senators ..... 6 2
8
To transmit papers in relation to claims to committee
before whom claim is pending............................................ 31 31
Senate Chamber. Shall not be granted for any other purpose
than for the use of the Senate.............................................. 34 1
33
No smoking permitted in th e.................................................. 34 1
33
When confusion arises in the, or galleries, Chair on his
own motion must enforce ord er.......................................... 19 6
20
Senators. Not to absent themselves from the service of the
Senate without leave..............................................................
5 1
7
Not to speak but once, and for five minutes only, on bills
and resolutions on the Calendar not objected to ............ 8 11
33
Smoking, no, shall be permitted in the Senate Chamber.......... 34 1
Special orders. The unfinished business shall take preced
ence of th e................................................................................. 10 1
13
Consideration of the Calendar of Bills and Resolutions at
the conclusion of morning business until 2 o’clock
takes precedence o f ................................................................ 8 11
Any subject may be made a special order by a vote of
two-thirds................................................................................... 10 1
13
Unless there be unfinished business, the Chair shall lay
before the Senate t h e ............................................................. 10 1
13
Special orders for same hour and day shall have preced
ence according to time at which they were made such.
10 2
13
Special orders shall not lose their character as such
unless by a vote of the S e n a te ............................................. 10 2
13
Every special order shall, unless there be unfinished busi
ness, be called up when the hour assigned shall arrive,
xo 1
13
All motions to change to be decided without debate.......... 10 2
13
Speak more than twice in any one debate on the same day
without leave of the Senate. No Senator s h a ll............ 19 1
19
Speak. The Presiding Officer shall name who is to speak, but
the Senator first rising shall be first recognized............ 19 1
19
Standing committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
22 27
Standing Rules o f S e n a te ................................................................
_ 5
Suspension o f the rules. One day’s notice in writing required
to suspend, amend, or modify any rule of the S en a te.. 40 39
Rule X II, in relation to voting, shall never, under any
circumstances, be suspended............................................ " I 4° 39
l 12 1
i4
Index to the S tan din g R u les of the Senate.
61
Table. An amendment to a general appropriation bill may be
laid on t h e ................................................................................ 16 3
18
A motion to reconsider may be laid on th e.......................... 13 1
14
And if carried shall be held to be a final disposition of
the m otion................................................................................ 13
1
14
When an amendment proposed to any pending measure
is laid on the, it shall not carry with it nor prejudice
such measure............................................................................ 17
18
When a question is pending, a motion may be made to
lay on the, which shall be decided withoutd eb ate.. . . 22
21
Preamble of a bill or resolution may be withdrawn or laid
on the, without prejudice to the bill orresolution.......... 23 21
An appeal from the decision of the Chair may be laid on
t h e ...................................................................................... .
20 1
20
If laid on the table, it shall be held as affirming the
decision of the Chair............................................................... 20 x
20
All reports of committees, motions to discharge a com
mittee, and subjects from which a committee may be
discharged shall lie over one day for consideration,
e x c e p t.................... ................................................................... 26
2 28
Title. May read bills the first and second times by, only,
e x c e p t ............................................................................................. 14
2
15
Treaties. When a treaty is laid before the Senate, no motion
shall be made in reference to it but to refer or to print
it, to remove injunction of secrecy, or to consider it in
open Executive session................................ .......................... 37
1
35
A treaty shall not be considered on the same day that it
is reported, if objected to ...................................................... 37 1
35
After being acted upon as in Committee of the Whole it
shall be reported to the Senate.......................................... 37
x 35
When the question will be, if amended, on concurring in
the amendments made in Committee of the W hole.. . . 37 1
35
Injunction of secrecy may be removed at any stage of
proceedings, or treaty may be considered in open E x
ecutive session.......................
37
1
35
After which the resolution of ratification may be pro
posed on a subsequent d a y ................................................... 37 1
35
When the question shall be on the resolution of ratifica
tion, no amendment shall be in order, except................. 37 1
35
The question of ratification and a motion to postpone in
definitely shall each require a vote of two-thirds........... 37 1 35-36
All amendments and other motions may be decided by a
m ajo rity..................................................................................... 37 1
3^
62
In d ex to the S ta n d in g R ules o f the Senate.
Buie. Clause. Page.
Treaties shall be resumed at the second or any subsequent ses
sion of same Congress, at the stage when last acted upon. 37
When proceedings shall terminate with a Congress, they
shall be resumed de novo...................................................... 37
Indian treaties shall, unless transmitted by the Presi
dent in confidence, be acted upon in legislative session. 37
2
36
236,37
3
37
U.
Unanimous consent. The reading of'the Journal may be sus
pended b y .......................... . ...................................................... 3 1
6
Until the morning business is concluded, or until the
hour of 1 o’clock, no motion to proceed to any other
subject shall be received, unless b y .................................. 7 3
10
After a decision is announced, a Senator may change or
withdraw his vote b y ............................................................ 12 1 13, 14
When the Senate shall refuse to reconsider a vote, or reaf
firm its first decision, no motion to reconsider can be
received but b y .......... .............................................................. 13 1 14,15
Each bill shall receive three readings before passage on
three different days, unless b y .............................................. 14 2
15
A bill may be read twice for reference, but not considered
as in Committee of the Whole, nor debated, unless by. 14 3 15,16
No amendment shall be proposed to a bill on its third
reading, unless b y .................................................................. 15 2 16,17
All resolutions shall lie over one day, unless b y ............... 14 5
16
All reports of committees, motions to discharge a com
mittee, and subjects from which a committee may be
discharged, shall lie over one day, unless b y ................. 26 2
28
Any rule of the Senate can be suspended without notice|4o 39
by, except as provided in Rule X I I .................................... |i2 1
14
Treaties shall not be acted upon on the day on which
they are reported, unless b y ................................................. 37 1
35
Resolution of ratification shall not be considered on the
same day it is proposed, unless b y ..................................... 37 1
36
Nominations shall not be confirmed on the day they are
received, or on which reported, unless b y ......................... 38 1
37
Order of morning business changed only b y ....................... 7 1
9
No request for, to vote on a bill, etc., shall be submitted
until the roll is called to ascertain if a quorum is present. 12 3
14
Unfinished business shall have preference over the special
orders . . . , ................................................................................. IO j
Consideration of the Calendar of Bills and Resolutions at
the conclusion of the morning business, until 2 o’clock,
takes precedence o f................................................................. 8 n
Rule. Clause. Pag<
Unfinished business o f a session. The legislative business of
the Senate shall be continued from session to session of
the same Congress.................................................................. 32 V.
Vacancies in committees, when filled by the Presiding Officer,
shall, unless otherwise ordered, be only to fill up the
number on the committee....................................................
Vice-President. In the absence of the Vice-President, the
Senate shall choose a President pro tem pore..................
In the absence of the, and pending the election of a Presi
dent pro tempore, the Secretary, or, in his absence, the
Chief Clerk, shall perform the duties of the C hair........
Voting. When the yeas and nays are called each Senator
shall, unless excused from voting, answer when his
name is called, without debate............................................
Proceedings when a Senator shall be called on for rea
sons for declining to vote shall be without debate........
Further proceedings shall not be had until after the re
sult is announced....................................................................
A Senator shall not be permitted to vote after the result
is announced............................................................................
But he may, for special reasons, by unanimous consent,
withdraw or change his vote................................................
24
I
1
12
12
12
14
12
13
12
I3 .I 4
1
W.
W ithdrawal o f a motion or resolution. A resolution or mo
tion may be withdrawn at any time before amendment
or ordering of the yeas and nays........................................
Preamble to a resolution may be withdrawn before amend
ment or ordering of the yeas and n a y s ............................
A motion to reconsider shall not be withdrawn without
leave of the S e n a t e ................................................................
W ithdrawal o f papers. No papers except original treaties
shall be withdrawn from the files without leave of the
S en a te ............................................................ ...........................
Where an act has passed for a private claim, the papers
may be sent by the Secretary to the accounting officers.
No petition on which an adverse report has been made
shall be withdrawn without leaving c o p ie s....................
Claims adversely reported on shall not be again referred
without new evidence............................................................
Without debate. In ascertaining the presence of a quorum,
the proceedings shall b e ......................
21
23
21
2
2
30
1
30
30
1
30
30
2
30
31
31
- 30.31
5
5
2
7
64
Index to the Standing Rules of the Senate.
Rule. Clause. Page.
Without debate. Sergeant-at-Arms may be directed to re
quest or compel attendance of absent S en ato rs............
The reading of a paper, when objected to, shall be de
cided ............................................................................................
A motion to request the House of Representatives to re
turn a bill shall be decided at once, and............................
All questions of relevancy of amendments under Rule
X V I shall be decided ........................................................ .
A motion to permit a Senator to proceed in order shall be
decided....................................................
A motion for leave to speak more than twice in one de
bate shall be decided................................................................
All questions of order shall be decided by the C hair........
Subsequent questions of order and appeals shall be
d ecided ........................................................................................
Motions to adjourn, for a recess, for executive business,
and to lay on the table shall be decided............................
A motion to proceed to consideration of a conference
report shall be decided............................................................
Each Senator, when the yeas and nays are called, shall,
when his name is called, answ er..........................................
Reasons for excusing a Senator from voting shall be
determined....................................................................
Words spoken in debate, if required, shall be taken down in
writing. E xcep tionable........................................................
5 3
7
11 -
13
13 2
15
16 3
18
19 420
19 1
20 1
19
20
20 1
20
22 -
21
27 -
29
12
13
1
12 214
19 5
20
Y.
Yeas and nays. Each Senator shall, when his name is
called, answer openly, and without debate........................ 12 1
13
A Senator shall be required to assign reasons for not
14
voting, which shall be without d e b a te .............................. 12 2
He shall not be called on for reasons for not voting until
after the roll call and before the result of the vote is
announced...................................................
Other proceedings shall be after such announcement___ 1 2 2
14
A Senator shall not be permitted to vote after the result
is announced.............................................................................. I2 1
13
For special reasons, by unanimous consent, he may
withdraw or change his vote.................................................. 12 1 1 3, 1 4
Any motion or resolution may be withdrawn or modified
by the mover at any time before a decision, amend
ment, or ordering of the.....................................................
21 2 21
12 214
JEFFERSON’S MANUAL
OF
PARLIAMENTARY PRACTICE,
W IT H REFERENCES TO
ANALOGOUS SENATE RULES.
65
PREFACE
T O JE F F E R S O N ’S M A N U A L .
The Constitution of the United States, establishing a legislature for the
Union under certain forms, authorizes each branch of it “ to determine
the rules of its own proceedings.”
The Senate has accordingly formed
some rules for its own government; but these going only to few cases, it '
has referred to the decision of its President, without debate and without
appeal, all questions of order arising either under its own rules or where
it has provided none.
This places under the discretion of the President
a very extensive field of decision, and one which, irregularly exercised,
would have a powerful effect on the proceedings and determinations of
the House. The President must feel, weightily and seriously, this con
fidence in his discretion, and the necessity of recurring, for its govern
ment, to some known system of rules, that he may neither leave himself
free to indulge caprice or passion nor open to the imputation of them.
But to what system of rules is he to recur, as supplementary to those of
the Senate? To this there can be but one answer. To the system of reg
ulations adopted for the government of some one of the parliamentary
bodies within these States, or of that which has served as a prototype to
most of them. This last is the model which we have all studied, while we
are little acquainted with the modifications of it in our several States.
It
is deposited, too, in publications possessed by many and open to all.
Its
rules are probably as wisely constructed for governing the debates of a
deliberative body, and obtaining its true sense, as any which can become
known to us; and the acquiescence of the Senate, hitherto, under the ref
erences to them, has given them the sanction of its approbation.
Considering, therefore, the law of proceedings in the Senate as com
posed of the precepts of the Constitution, the regulations of the Senate,
and, where these are silent, of the rules of Parliament, I have here en-
67
68
Preface to Jefferson's Manual.
deavored to collect and digest so much of these as is called for in ordinarypractice, collating the Parliamentary with the Senatorial rules, both where
they agree and where they vary.
I have done this as well to have them
at hand for my own government as to deposit with the Senate the standard
by which I judge and am willing to be judged.
I could not doubt the
necessity of quoting the sources of my information, among which Mr.
Hatsel’s most valuable book is preeminent; but as he has only treated
some general heads, I have been obliged to recur to other authorities in
support of a number of common rules of practice to which his plan did
not descend.
Sometimes each authority cited supports the whole passage.
Sometimes it rests on all taken together.
Sometimes the authority goes
only to a part of the text, the residue being inferred from known rules
and principles. For some of the most familiar forms no written authority
is or can be quoted; no writer having supposed it necessary to repeat what
all were presumed to know.
The statement of these must rest on their
notoriety.
I am aware that authorities can often be produced in opposition to the
rules which I lay down as Parliamentary. An attention to dates will gen
erally remove their weight.
The proceedings of Parliament in ancient
times, and for a long while, were crude, multiform, and embarrassing.
They have been, however, constantly advancing toward uniformity and
accuracy, and have now attained a degree of aptitude to their object be
yond which little is to be desired or expected.
Yet I am far from the presumption of believing that I may not have
mistaken the Parliamentary practice in some cases, and especially in those
minor forms, which, being practiced daily, are supposed known to every
body , and therefore have not been committed to writing.. Our resources
in this quarter of the globe for obtaining information on that part of the
subject are not perfect.
But I have begun a sketch, which those who
come after me will successively correct and fill up till a code of rules shall
be formed for the use of the Senate, the effects of which may be accuracy
in business, economy of time, order, uniformity, and impartiality.
C O N T E N T S O F JE F F E R S O N ’S M A N U A L .
Sec. Page.
Preface.........................................................................................................
Rules, importance of.............................................................................
Legislature....................................................................................................
Privilege........................................................................................................
Elections........................................................................................................
Qualifications...............................................................................................
Quorum..........................................................................................................
Call of the House.........................................................................................
Absence......................................................................................................
Speaker.................................................................. ....................................
Address.........................................................................................................
Committees................................................... ...........................................
Committee of the Whole........................................................................
Examination of witnesses......................................................................
Arrangement of business........................................................................
Order...........................................................................................................
Order, respecting papers........................................................................
Order, in debate.......................................................................................
Orders of the House................................................................................
Petitions.....................................................................................................
Motions.......................................................................................................
Resolutions................................................................................................
Bills:
Reading..............................................................................................
Leave to bring in .............................................................................
First reading......................................................................................
Second reading..................................................................................
Commitment.............................................................................. ..
Report of committee.......................................................................
Recommitment.................................................................................
Report taken u p ...............................................................................
Quasi-committee..............................................................................
Second reading in the House........................................................
Reading papers.................................................................................
69
~
1
^7
71
2 72
3
72
4
8o
5
8o
6 84
7 84
8
85
9
85
xo 86
11
87
12
88
13
90
14
91
15
93
16
93
17
94
18
99
19 100
20 101
21 102
22 102
23 102
24 102
25 103
26
103
27 107
28 107
29 108
30 108
31 n o
32 i n
70
Contents o f Jefferson's Manual.
Bills—Continued.
Sec.
Privileged questions........................................................................ 33
Previous question......................
34
Amendments..................................................................................... 35
Division of question......................................................................... 36
Coexisting questions........................................................................ 37
Equivalent questions............................................
38
The question..................................................................................... 39
Third reading.............................. . .................................................... 40
Division of the House..................................................................... 41
Titles................................................................................................... 42
Reconsideration................................................................................ 43
Sent to the other House................................................................. 44
Amendments between the Houses....................................................... 45
Conferences................................................................................................ 46
Messages...................................................................................
47
Assent.......................................................................................................... 48
Journals....................................................................................................... 49
Adjournment. ........................................................................................... 50
Session.-............'......................................................................................... 51
Treaties........................., ........................................................................... 52
Impeachment.............................................
53
Page.
“3
120
122
126
127
128
129
x3 °
132
136
136
138
139
141
x43
x45
x47
148
149
I 5I
*53
JEFFERSO N ’S MANUAL OF PARLIAM ENTARY PRACTICE.
IM PO R TA N C E OF R U L E S .
SEC. I .
IM P O R T A N C E O F A D H E R IN G TO R U L E S .
Mr. Onslow, the ablest among the Speakers of the House of
Commons, used to say it was a maxim he had often heard
when he was a young man, from old and experienced mem
bers, that nothing tended more to throw power into the hands
of administration, and those who acted with the majority of
the House of Commons, than a neglect of, or departure from,
the rules of proceeding; that these forms, as instituted by our
ancestors, operated as a check and 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 mi
nority 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 adher
ence 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 successful majorities. 2 Hats.,
171 y *7*'
7i
72
Jefferson's Manual.
•And whether these forms be in all cases the most rational or
not, is really not of so great importance. It is much more mate
rial that there should be a rule to go by, than what that rule is;
that there may be a 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 regular
ity be preserved in a dignified public body. 2 Hats., //p.
SEC. II.
LEGISLATU RE.
A ll legislative powers herein granted shall be vested in a Con
gress of the United States, which shall consist of a Senate and
House of Representatives. Constitution of the United States,
A rt. I, sec. 1.
The Senators and Representatives shall receive a compensa
tion for their services, to be ascertained by law, and paid out of
the Treasury of the United States. Constitution o f the United
States, A rt. /, sec. 6.
For the powers of Congress, see the following articles and
sections of the Constitution of the United States: I, 4, 7, 8, 9;
II, 1, 2; III, 3; IV , 1, 3, 5, and all the amendments.
SEC. III.
PR IV ILE G E .
The privileges of members of Parliament, from small and ob
scure 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 points of progression at which
they now are. It is now acknowledged: 1. That they are
at all times exempted from question elsewhere, for anything
said in their own House; that during the time of privilege.
2. Neither a member himself, h is* wife, nor his servants
* Order of the House of Commons, 1663, Ju ly 16.
Jefferson's Manual.
73
(familiares sui), for any matter of their own, may be* arrested
on mesne process in any civil suit. 3. Nor be detained under
execution, though levied before time of privilege. 4. Nor
impleaded, cited, or subpoenaed in any court. 5. Nor sum
moned as a witness or juror. 6. Nor may their lands or goods
be distrained. 7. Nor their persons 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 per
petual protection against the course of justice. In one instance,
indeed, it has been relaxed by the 10 G. I l l , c. 50, which permits
judiciary proceedings to go on against them. That these privi
leges must be continually progressive seems to result from their
rejecting all definition of them, the doctrine being that “ their
dignity and independence are preserved by keeping their privi
leges 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 partic
ular stated laws.’ ’ ’ 1 Blackst., 163, 164..
It was probably from this view of the encroaching character
of privilege that the framers of our Constitution, in their care to
provide that the laws shall bind equally on all, and especially
that those who make them shall not exempt themselves from
their operation, have only privileged Senators and Represent
atives themselves from the single act of arrest in all cases
except treason, felony, and breach of the peace, during their
attendance at the session of their respective Houses, and in
going to and returning from the same, and from being ques
tioned in any other place for any speech or debate in either
House. Constitution United States, A rt. /, sec. 6. Under the
general authority to make all laws necessary and proper for
carrying into execution the powers given them ( Constitu
tion United States, Art. /, sec. 8), they may provide by law
* Elsynge, 217; 1 Hats., 2 1; 1 G rey’s Deb., 133.
74
Jefferson's Manual.
the details which may be necessary for giving full effect to the
enjoyment of this privilege. No such law being as yet made,
it seems to stand at present on the following ground: i. The
act of arrest is void ab initio.* 2. The member arrested may
be discharged on motion (1 B l., 166; 2 S tra., 990), or by habeas
corpus, under the Federal or State authority, as the case may
be; or by a writ of privilege out of the chancery (2 Stra., 989)
in those States which have adopted that part of the laws of
England. Orders o f the House o f Commons, 1550, February 20.
3. The arrest, being unlawful, is a trespass for which the officer
and others concerned are liable to action or indictment in the
ordinary courts of justice, as in other cases of unauthorized
arrest. 4. The court before which the process is returnable is
bound to act as in other cases of unauthorized proceeding, and
liable, also, as in other similar cases, to have their proceedings
stayed or corrected by the superior courts.
The time necessary for going to and returning from Con
gress not being defined, it will, of course, be judged of in every
particular case by those who will have to decide the case.
While privilege was understood in England to extend, as
it does here, only to exemption from arrest, eundo, morando,
et redeundo, the House of Commons themselves decided that
“ a convenient time was to be understood.” (1580.) / Hats.,
99, 100. Nor is the law so strict in point of time as to re
quire the party to set out immediately on his return, but
allows him time to settle his private affairs, and to prepare for
his journey; and does not even scan his road very nicely, nor
forfeit his protection for a little deviation from that 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 attach
ment of the person, as a subpoena ad respondendum, or testifi
candum, or a summons on a jury; and with reason, because a
* 2 Stra., 989.
Jefferson's Manual.
75
member has superior duties to perform in another place. When
a Representative is withdrawn from his seat by summons, the
40,000 people whom he represents lose their voice in debate and
vote, as they do on his voluntary absence; when a Senator is
withdrawn by summons, his State loses half its voice in debate
and vote, as it does on his voluntary absence. The enormous
disparity of evil admits of no comparison.
So far there will probably be no difference of opinion as to the
privileges of the two Houses of Congress; but in the following
cases it is otherwise. In December, 1795, the House of Repre
sentatives committed two persons of the name of Randall and
Whitney for attempting to corrupt the integrity of certain mem
bers, which they considered as a contempt and breach of the
privileges of the House; and the facts being proved Whitney was
detained in confinement a fortnight and Randall three weeks,
and both were reprimanded by the Speaker. In March, 1796,
the House of Representatives voted a challenge given to a mem
ber of their House to be a breach of the privileges of the House,
but satisfactory apologies and acknowledgments being made no
further proceeding was had. The editor of the Aurora having,
in his paper of February 19, 1800, inserted some paragraphs de
famatory of the Senate, and failed in his appearance, he was
ordered to be committed. I11 debating the legality of this order
it was insisted, in support of it, that every man, by the law of
nature, and every body of men possesses the right of self-defense;
that all public functionaries are essentially invested with the
powers of self-preservation; that they have an inherent right to
do all acts necessary to keep themselves in a condition to dis
charge the trusts confided to them; that whenever authorities
are given, the means of carrying them into execution are given
by necessary implication; that thus we see the British Parlia
ment exercise the right of punishing contempts; all the State
legislatures exercise the same power, and every court does the
same; that, if we have it not, we sit at the mercy of every in
truder who may enter our doors or gallery, and, by noise and
76
Jefferson’s Manual.
tumult, render proceeding in business impracticable; that if our
tranquillity is to be perpetually disturbed by newspaper defama
tion, it will not be possible to exercise our functions with the
requisite coolness and deliberation; and that we must therefore
have a power to punish these disturbers of our peace and pro
ceedings. To this it was answered that the Parliament and
courts of England have cognizance of contempts by the express
provisions of their law; that the State legislatures have equal
authority, because their powers are plenary; they represent their
constituents completely, and possess all their powers, except such
as their constitutions have expressly denied them; that the
courts of the several States have the same powers by the laws of
their States, and those of the Federal Government by the same
State laws adopted in each State, by a law of Congress; that
none of these bodies, therefore, derive those powers from nat
ural or necessary right, but from express law; that Congress
have no such natural or necessary power, nor any powers but
such as are given them by the Constitution; that that
has given them, directly, exemption from personal arrest,
exemption from question elsewhere for what is said in their
House, and power over their own members and proceedings;
for these no further law is necessary, the Constitution being the
law; that, moreover, by that article of the Constitution which
authorizes them ‘ ‘ to make all laws necessary and proper for
carrying into execution the powers vested by the Constitution
in them,” they may provide by law for an undisturbed exercise
of their functions, e. g ., for the punishment of contempts, of
affrays or tumult in their presence, etc.; but, till the law be
made, it does not exist, and does not exist from their own
neglect; that, in the meantime, however, they are not unpro
tected, the ordinary magistrates and courts of law being open
and competent to punish all unjustifiable disturbances or defa
mations, and even their own sergeant, who may appoint deputies
ad libitum to aid him ( j Grey, yp,
255), is equal to small
disturbances; that in requiring a previous law the Constitution
Jefferson's Manual,
77
had regard to the inviolability of the citizen, as well as of the
member; as, should one House, in the regular form of a bill,
aim at too broad privileges, it may be checked by the other, and
both by the President; and also, as the law being promulgated,
the citizen will know how to avoid offense. But if one branch
may assume its own privileges without control, if it may do it
on the spur of the occasion, conceal the law in its own breast,
and, after the fact committed, make its sentence both the law
and the judgment on that fact; if the offense is to be kept unde
fined and to be declared only ex re nata and according to the
passions of the moment, and there be no limitation either in
the manner or measure of the punishment, the condition of the
citizen will be perilous indeed. Which of these doctrines is to
prevail time will decide. Where there is no fixed law, the
judgment on any particular case is the law of that single case
only, and dies with it. When a new and even a similar case
arises, the judgment which is to make and at the same time
apply the law is open to question and consideration, as are all
new laws. Perhaps Congress, in the meantime, in their care
for the safety of the citizen, as well as that for their own pro
tection, may declare by law what is necessary and proper
to enable them to carry into execution the powers vested in
them, and thereby hang up a rule for the inspection of all,
which may direct the conduct of the citizen and at the same
time test the judgments they shall themselves pronounce in
their own case.
Privilege 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 extent a member except that he can
not vote until he is sworn. Mentor., ioy, 10 8; D ' Ewes, 64.2,
col. 2 , 643, col. 1 ; Pet. Miscel. Pari., n g ; L e x Pari., c. 2 3 ;
2 Hats., 22, 62.
Every man must, at his peril, take notice who are members
of either House returned of record. L e x Pari., 23; 4 Inst., 24.
On complaint of a breach of privilege, the party may either
78
Jefferson's Manual.
be summoned or sent for in custody of the sergeant,
88, py.
i Grey,
'
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, but can not in effect waive the privilege of the House.
3 Grey, 14.0, 222.
For an>" speech or debate in either House they shall not be
questioned in any other place. Constitution United States, /, 6;
S. P. protest o f the Commons to James /, 16 2 1; 2 Rapin, No. 54,
pp. 2 1 1 , 2 12. 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 to exceed the bounds
and limits of his place and duty. Com. p.
If an offense be committed by a member in the House, of
which the House has cognizance, it is an infringement of their
right for any person or court to take notice of it till the House
has punished the offender or referred him to a due course.
L e x P ari., 63.
Privilege is in the power of the House, and is a restraint to
the proceeding of inferior courts, but not of the House itself.
2 Nalson, 430; 2 Grey, 3pp. For whatever is spoken in the
House is subject to the censure of the House; and offenses of
this kind have been severely punished by calling the person
to the bar to make submission, committing him to the Tower,
expelling the House, etc. Scot., 72; L e x Pari., c. 22.
It is a breach of order for the Speaker to refuse to put a ques
tion wrhich is in order. 1 Hats., 17 5 -6 ; 5 Grey, 13 3 .
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 pro
ceeding. 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 privi
lege; otherwise it would be in the power of other branches of
the Government, and even of every private man, under pre-
-
I
Jefferson’s Manual.
79
tenses of treason, etc., 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'l of the Com. on the K in g 's de
claring S ir John Hotham a traitor. 4 Rushw. , 586. So, when
a member stood indicted for felony, it was adjudged that he
ought to remain of the House till conviction; for it maybe any
man’s case, who is guiltless, to be accused and indicted of
felony, or the like crime. 23 E l., 1580; D 'E w es, 283, col. i ;
L e x Pari., 133.
When it is found necessary for the public 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 immediately 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 ., 236, 257, 238. But the communication is sub
sequent to the arrest. 1 Dlackst., 167.
It is highly expedient, says Hatsel, 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 before 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., 1 3 ; Scld. J u d ., 3 3 . Thus the K in g’s tak
ing 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 twro Houses; his expressing
displeasure against some persons for matters moved in Par
liament during the debate and preparation of a bill, were
breaches of privilege (2 Nalson, 743); and in 1783, December
J 7 > it was declared a breach of fundamental privileges^ etc..
8o
Jefferson's Manual,
to report any opinion or pretended opinion of the King on
any bill or proceeding depending in either House of Parlia
ment, with a view to influence the votes of the members.
2 Hats,, 2 5 1, 6.
S E C . IV .
E L E C T IO N S .
The times, places, and manner of holding elections for Sena
tors 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. Constitution, /, 4.
Each House shall be the judge of the elections, returns, and
qualifications of its own members. Constitution, /, 5.
SE C . V .
Q U A L IF IC A T IO N S .
The Senate of the United States shall be composed of two
Senators from each State, chosen by the legislature thereof for
six years, and each Senator shall have one vote.
Immediately after they shall be assembled in 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 end 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. Constitution, /, j .
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 inhab-
Jefferson's Manual,
81
,
itant of that State for which he shall be chosen. Constitution
l 3The House of Representatives shall be composed of members
chosen every second 3^ear 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 legislature.
Constitution, I, 2.
No person shall be a Representative who shall not have at
tained to the age of twenty-five years, and been seven years a
citizen of the United States, and who shall not, when elected,
be an inhabitant of that State in which he shall be chosen.
Constitution
2.
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 deter
mined by adding to the whole number of free persons, including
those bound to service for a term of years, and excluding In
dians 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
aw direct. The number of Representatives shall not exceed
one for every thirty thousand, but each State shall have at least
Constitution, I,
in
t
1787,
78
When vacancies happen in the representation from any State,
the executive authority thereof shall issue writs of election to
fill such vacancies. Co7istitution, I, 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,
*
, /,
one Representative.
*.
ie provisional apportionments of Representatives made
e onstitution in
and afterwards by Congress, were as
shown in table on pages and 79.
* ^ le portion of this clause of the Constitution within brackets has been
amended by the 14th amendment, 2d section.
80281°—15----- 6
Jefferson's Manual.
82
State.
0
0
*•
>
1800.3
Provisional apportionments of Representatives made in the Constitution
in 1787, and afterwards by Congress.
o
0
0
d
0
0
8
4 S 6 6 5
8 14 17 20 13 12
New Hampshire....................
Massachusetts........................
Rhode Island.........................
Connecticut............................
3
New York..............................
New Jersey............................
Pennsylvania.........................
Delaware................................
Maryland...............................
Virginia..................................
North Carolina.......................
South Carolina.......................
Georgia...................................
6
Ohio17
.............................
O
0
0
I
S
4
2 2 2 2 2
6 6
7
7
7
6
IO
5
8 13
17
27
34
40
O
"T
X
d
0
0
7
4
10
2
4
II
34
6 6 6 6 5
18
I
23
26
28
24
2 I I I
I
I
6 8 9 9 9 8 6
IO
19 22 23 22 21 is
9
S I O 12 13 13 13
5 6 8 9 9 9 7
6 7 9 8
3 2 4
12
IO
6
13 II
6
6
0
0
0
0
0
£
0
0
1
i
5
3
10
2
4
5
3
11
2
4
4
2
12
2
4
4
2
13
2
4
4
2
14
2
5
l6
43
I
34
7
28
1
37
I
33
7
27
1
34
25
31
s
24
9
IO
IO
7
9
7
IO
II
6
3
2
4
33
5
£
6 5
13 II
8 7
6 4
8 7
8
d
0
M
IO
5
9
3
5
12
30
32
I
I
36
I
IO
IO
IO
IO
6 6 6 6
8 9
2
7
II
6
7
12
IO
IO
8
6 6 6
6
7
8
8
8
6 8 8
6
6
6
6
6 8
II
18
6
8
10
8 8
South Dakota 38.....................
North Dakota 39.....................
Montana 40.............................
Washington 41........................
Idaho 42..................................
Wyoming 43............................
Utah44....................................
Oklahoma 45...........................
New Mexico 48........................
Arizona 47...............................
Total.............................
8
3
3
1
X
63
i°5 141 l8l
212
24O
223 234 241 293 32s
357 ,39 !
435
Constitution of the United States.
83
I As per Constitution.
5 As per act of April 14, 1792, one Representative for 33,000—First Census.
3 As per act of January 14, 1802, one Representative for 3 3 ,0 0 0 —Second Census.
4As per act of December 21, 1811, one Representative for 35,000—Third Census.
5 As per act of March 7, 1822, one Representative for 40,000—Fourth Census.
6As per act of May 22, 1832, one Representative for 47,700—Fifth Census.
7 As per act of June 25, 1842, one Representative for 70,680—Sixth Census.
8As per acts of May 23, 1850, and July 30, 1852, one Representative for 93,423—Seventh
Census.
9As per act of March 4, 1862, one Representative for 127,381—Eighth Census.
10As per acts of February 2 and May 30, 1872, one Representative for 131,425—Ninth Census.
II As per act of February 25, 1882, one Representative for 151,911—Tenth Census.
12 As per act of February 7, 1891, one Representative for 173,901—Eleventh Census.
13 As per act of January 16, 1901, one Representative for 194,182—Twelfth Census.
14 As per act of August 8, 1911, one Representative for 211,877—Thirteenth Census.
15 Previous to the 3d March, 1820, Maine formed part of Massachusetts, and was called the
D is t r ic t o f M a i n e , and its Representatives are numbered with those of Massachusetts. B y
compact between Maine and Massachusetts, Maine became a separate and independent State,
and by act of Congress of 3d March, 1820, was admitted into the Union as such—the admission
to take place on the 15th of the same month. On the 7th of April, 1820, Maine was declared
entitled to seven Representatives, to be taken from those of Massachusetts.
Admitted under act of Congress, June 1, 1796, with one Representative.
7 Admitted under act of Congress, April 30, 1802, with one Representative.
^Admitted under act of Congress, April 8, 1812, with one Representative.
^Admitted under act of Congress, December 11, 1816, with one Representative.
Admitted under act of Congress, December 10, 1817, with one Representative.
MAdmitted under act of Congress, December 3, 1818, with one Representative.
^-Admitted under act of Congress, December 14, 1819, with one Representative.
24 ^ dmdted under act of Congress, March 2, 1821, with one Representative.
r> duutted under act of Congress, June 15, 1836, with one Representative.
26A r ittCd UnC'° r act Congress, January 26, 1837, with one Representative.
S
7
m|Ued uuder act of Congress, March 3, 1845, with one Representative.
28 AdmittCd Under act ConKtess, March 3, 1845, with one Representative.
29A d m i t s UUder act of Congress, December 29, 1845, with two Representatives.
30Adm it^ UndCf act o{ Congress, May 29, 1848, with two Representatives.
31 Admitted UndCr aCt of Congress, September 9, 1850, with two Representatives.
32 Adm itt^ UnC!Cr 3Ct ° f Congress. May ix, 1858, with two Representatives.
33 A d m 't/ Under act of Congress, February 14, 1859. with one Representative.
34 A 1 ’t ” 1 Undcr act of Congress, January 29, 1861, with one Representative.
35 , ,n" e under act of Congress, June 20, 1863, with three Representatives.
36 . mJtted under act of Congress, October 31, 1864, with one Representative.
37 mjtted under act of Congress, March 1, 1867, with one Representative.
38 m!ttcd under act of Congress, August 1, 1876, with one Representative.
39 umted under act of Congress, February 22, 1889, with two Representatives.
4
0 Hutted under act of Congress, February 22, 1889, with one Representative.
41
nutted under act of Congress, February 22, 1889, with one Representative.
42 dmitted under act of Congress, February 22, 1889, with one Representative.
43 ^ dmjt^ed under act of Congress, July 3, 1890, with one Representative.
< Admitted under act of Congress, July 10, 1890, with one Representative.
4
4 Admitted under act of Congress, July 16, 1894, with one Representative.
8
Admitted under act of Congress, June 16, 1906, with five Representatives.
^ Admitted under act of Congress, June 20, 1910, with one Representative.
Admitted under act of Congress, June 20, 1910, with one Representative.
84
Jefferson's Manual,
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 continu
ance in office. Constitution, /, 6.
SBC. VI.
QUORUM.
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 mem
bers in such manner and under such penalties as each House
may provide. Constitution, /, 5 .
In general the chair is not to be taken till a quorum for busi
ness 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. , 12 5 , 126.
N o t e . —See Senate Rule III.
SEC. V II.
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 ab
sentees are called a second time, and if still absent, excuses are
to be heard. Ord. House o f 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 can not be necessary.
Orders for calls on different days may subsist at the same
time. 2 Hats. , J2.
N o t e .—S ee Senate Rule V, clause 2.
Jefferson’s Manual.
85
SEC. V III. ABSENCE.
No member shall absent himself from the service of the Sen
ate 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 ab
sent 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 Sen
ate, 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.
N o t e .—See Senate Rule V.
SEC. IX .
SPEA K ER .
The Vice-President of the United States shall be President
° f the Senate, but shall have no vote unless they be equally
divided. Constitution, /, j .
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. Constitution. /, 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. , 158. As
are also questions of adjournment. 6 Grey, 4.06. Where the
House debated and exchanged messages and answers with the
86
Jefferson's Manual.
King for a week without a Speaker, till they were prorogued.
They have done it de die in diem for fourteen days, i Chand.,
3 3 r, 3 3 5 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 Senate after the
first recess.
N o t e .— See Senate Rule I.
Where the Speaker has been ill, other Speakers
have been appointed. Instances of this are i H .,
Cheyney and Sir William Sturton, and in 1 5 . H .,
Tyrrel, in 1656, January 27; 1658, March 9; 1659,
pro tempore
4. Sir John
6. Sir John
January 13.
Sir Job Charlton ill, Seymour
chosen, 1673, February 18.
Seymour being ill, Sir Robert
Not merely pro tempore.
Sawyer chosen, 1678, April 15.
(/ Chand., 16 9 , 276, 277.
Sawyer being ill, S e y m o u r
chosen.
Thorpe in execution, a new Speaker chosen, 3 1 H . VI, 3
Grey, 1 1 ; and March 14, 1694, Sir John Trevor chosen. There
have been no later instances. 2 Hats., 1 6 1 ; 4 Inst., 8 ; L . Pari.,
263.
A Speaker may be removed at the will of the House, and a
Speaker pro tempore appointed. 2 Grey, 186 ; 5 Grey, 134.
SEC. 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. Constitution, II, 3 .
A joint address of both Houses of Parliament is read by the
Jefferson's Manual.
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, 3 0 1 ; or by such particular mem
bers as are of the privy council. 2 Hats., 278.
SEC. X I.
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., 1 1 , 1 2 ; Scob., 9; 1 Grey, 122.
N o t e .— See Senate Rules X X IV and XXV.
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. i ; 4 Pari. 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- ,
Grey 401; Scob., 3 9 . 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 can not 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, 323.
So soon as the House sits, and a committee is notified of it
the chairman is in duty bound to rise instantly, and the mem
bers to attend the service of the House. ;? H als., 3 19 .
It appears that on joint committees of the Lords and
Commons, each committee acted integrally in the following
88
Jefferson's Manual.
7 Grey, 261, 278, 285,338; 1 Chandler, 357, 462.
in stan ces:
In the follow in g instances it does not appear w hether they did
or not :
6 Grey, 129; 7 Grey, 213, 229, 321.
SE C . X II.
C O M M IT T E E O F T H E W H O LE.
The speech, messages, and other matters of great concern
ment are usually referred to a Committee of the Whole House
(6 Grey, 3 1 1 ) , 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 sub
ject divides itself into one or more bills. Scob.,36, 44. Propo
sitions 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 com
m ittees everyone speaks as often as he pleases.
Scob., 4.9.
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.
S c o b .,3 6 ; 3 Grey, 3 0 1. The form of going from the House
into committee, is for the Speaker, on motion, to put the ques
tion 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 ap
pointed chairman seats himself at the Clerk’s table. Scob., 36.
Their quorum is the same as that of the H ouse; 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 dissolu
tion. If a message is announced during a committee, the
Speaker takes the chair and receives it, because the committee
can not. 2 Hats., 125, 126.
N o t e .— See Senate Rule X X V III.
Jefferson's Manual.
89
In a Committee of the Whole, the tellers on a division differ
ing 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
committee adjourn as others may; but if their business is un
finished, they rise, on a question, the House is resumed, and the
chairman reports that the Committee of the Whole have, accord
ing to order, had under their consideration such a matter, and
have made progress therein; but not having had time to go
through the same, have directed him to ask leave to sit again.
Whereupon a question is put on their 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 committee have gone through the business
referred to them, and that he is ready to make report when the
House shall think proper to receive it. If the House have time
to receive it, there is usually a cry of “ Now, now,” whereupon
ne makes the report; but if it be late, the cry is “ To-morrow,
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90
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 proceeding are to be the same as
in the House. Scob. , 39.
SEC. X III.
EX A M IN A TIO N OF W IT N ESSES.
Common fame is a good ground for the House to proceed by
inquiry, and even to accusation. Resolution House o f Commons,
1 Car., 1 , 1 6 2 3 ; Rush, L . Pari., 113 7 1 Grey, 16 -22, 92; 8 Grey,
2 1, 23, 27, 43.
Witnesses are not to be produced but where the House has
previously instituted an inquiry (2 Hals., 10 2), nor then are
orders for their attendance given blank. 3 Grey3 1 .
When any person is examined before a committee, or at the
bar of the House, any member wishing to ask the person a ques
tion, must address it to the Speaker or chairman, who repeats
the question to the person, or says to him, “ You hear the ques
tion-answ er it.” But if the propriety of the question be ob
jected 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. .? Hats., 108. Sometimes the questions
are previously settled in writing before the witness enters. Ib .,
106, 10 7 ; 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 commit
tee it must be, for the information of the House, who are not
present to hear it. 7 Grey, 3 2, 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., 32.
A member, in his place, gives information to the House of
what he knows of any matter under hearing at the bar. Jour.
H . o f C., Ja n . 22, 1744-43.
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9i
Either House may request, but not command, the attendance
of a member of the other. They are to make the request by
message of 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 attend
ance, unless where it be a case of impeachment by the Com
mons. There, it is to be a request. 3 Hats., i j ; p Grey, 306,
406; 10 Grey, 133.
Counsel are to be heard only on private, not on public bills,
and on such points of law only as the House shall direct. 10
Grey, 61.
SE C . X IV .
A R R A N G E M E N T OF BU SIN ESS.
The Speaker is not precisely bound to any rules as to what
bills or other matter shall be first taken up; but it 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 gov
ernment of the presiding person and to restrain individual mem
bers from calling up favorite measures, or matters under their
special patronage out of their just turn. It is useful also for
directing the discretion of the House, when they are moved
to take up a particular matter to the prejudice of others hav
ing priority of right to their attention in the general order of
business.
In the Senate the bills and other papers which are in possession
of the House, and in a state to be acted on, are arranged every
morning and brought on in the following order:
1. Bills ready for a second reading are read, that they may
be referred to committees, and so be put under way. But if, on
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their being read, no motion is made for commitment, they are
then laid on the table in the general file, to be taken up in their
just turn.
2. After 12 o’clock, bills ready for it are put on their passage.
3. Reports in possession of the House which offer grounds for
a bill are to be taken up, that the bill may be ordered in.
4. Bills or other matters before the House, and unfinished
on the preceding day, whether taken up in turn or on special
order, are entitled to be resumed and passed on through their
present stage.
5. These matters being dispatched, for preparing and expedit
ing business the general file of bills and other papers is then
taken up, and each article of it is brought on according to its
seniority, reckoned by the date of its first introduction to the
House. Reports on bills belong to the dates of their bills.
The arrangement of the business of the Senate is now as fol
lows : *
1. Motions previously submitted.
2. Reports of committees previously made.
3. Bills from the House of Representatives, and those intro
duced on leave, which have been read the first time, are read
the-second time; and if not referred to a committee, are consid
ered in Committee of the Whole, and proceeded with as in other
cases.
4. After 12 o’clock, engrossed bills of the Senate and bills of
the House of Representatives on third reading are put on their
passage.
5. If the above are finished before 1 o’clock, the general file
of bills, consisting of those reported from committees on the sec
ond reading and those reported from committees after having
been referred, are taken up in the order in which they were re
ported to the Senate by the respective committees.
6. At 1 o’clock, if no business be pending or if no motion be
made to proceed to other business, the special orders are called,
* T h is arrangem ent is changed b y Senate R u le s V II, V I I I , and IX .
at the head of which stands the unfinished business of the pre
ceding day.
In this way we do not waste our time in debating what shall
be taken up. We do one thing at a time; follow up a subject
while it is fresh, and till it is done with; clear the House of
business gradatim as it is brought on, and prevent, to a cer
tain degree, its immense accumulation toward the close of the
session.
Arrangement, however, can only take hold of matters in pos
session of the House. New matter may be moved at any time
when no question is before the House. Such are original motions
and reports on bills. Such are bills from the other House, which
are received at all times, and receive their first reading as soon
as the question then before the House is disposed of; and bills
brought in on leave, which are read first whenever presented.
So messages from the other House respecting amendments to
bills are taken up as soon as the House is clear of a question,
unless they require to be printed, for better consideration.
Orders of the day may be called for, even when another question
is before the House.
SE C . X V .
O RD ER.
Each House may determine the rules of its proceedings;
punish its members for disorderly behavior; and, with the
concurrence of two-thirds, expel a member. Constitution, /, 5.
In Parliament, “ instances make order,” per Speaker Onslow.
2 Hats., 14.1. “ But what is done only by one Parliament, can
not be called custom of Parliament,” by Prynne. 1 Grey, 52.
O RD ER R E S P E C T IN G P A P E R S .
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 in Committee of the Whole amended
a mistake in a bill without order or knowledge of the committee,
was reprimanded. I Chand. , 77.
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Index Senators
SE C . X V I.
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Jefferson's Manual.
A bill being missing, the House resolved that a protestation
should be made and subscribed by the members ‘ ‘ before Almighty
God, and this honorable House, that neither myself nor any
other to my knowledge have taken away, or do at this present
conceal a bill entitled,” etc. 3 Grey, 202.
After a bill is engrossed, it is put into the Speaker’s hands,
and he is not to let anyone have it to look into. Town. , col. 209.
N o t e .—See Senate Rule X X X .
SE C . X V II.
O R D ER IN D E B A T E .
When the Speaker is seated in his chair, every member is to
sit in his place. Scob., 6; Grey, 4.03.
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, 143.
N o t e .—See Senate Rule X IX .
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; 3 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, unless he voluntarily sits down and gives way to
the other. But sometimes the House does not acquiesce in the
Speaker’s decision, in which case the question is put, “ Which
member was first up?” * 2 Hats., 76; Scob., 7; D ’ Ewes, 434,
col. 1 , 2.
In the Senate of the United States the President’s decision is
without appeal.
No man may speak more than once on the same bill on the
same day; or even on another day, if the debate be adjourned.
*See Senate Rule X IX , clause 1, for present practice in the Senate.
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95
But if it be read more than once in the same day, he may speak
once at every reading. Co., 12 , 1 1 5 ; Hakew., 14 8 ; Scob., 3 8 ;
2 H ats., 75. Even a change of opinion does not give a right
to be heard a second time. Smyth's Comw. L ., 2, c. 3 ; Arcan.
Pari., 77.
But he may be permitted to speak again to clear a matter of
fact ( 3 Grey, 357, 426), or merely to explain himself (2 Hats.,
73) in some material part of his speech (lb ., 73), or to the man
ner or words of the question, keeping himself to that only, and
not traveling 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.
Hakew., 3 0 , 3 1 ) .
But if the Speaker rise to speak, the member standing up
ought to sit down, that he may be first heard. Town., col. 203;
Hale P a ri., 13 3 ; Mem. in Hakew., 3 0 ,3 1 . Nevertheless, though
the Speaker may of right speak to matters of order, and be
first heard, he is restrained 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, super
fluously, or tediously. Scob., 3 1 , 3 3 ; 2 Hats., 166, 168; Hale
Pari., 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, 17 0 ; Rushw., p. 3 , v. 1, fol. 42. But
while a proposition 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, 308.
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, etc. (Mem.
in Hakew., 3 ; Smyth's Comw. L ., 2,0.3)-, nQr to digress from the
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matter to fall upon the person (Scob., 3 1 ; Hale Pari., 13 3 ; 2
Hats., 16 6 ) by speaking, reviling, nipping, or unmannerly words
against a particular member. Smyth's Comw. L ., 2 ,0 .3 . The
consequences of a measure may be reprobated in strong terms,
but to arraign the motives of those who propose to advocate it
is a personality, and against order. Qui digreditur a materia ad
personam, Mr. Speaker ought to suppress. Ord. Com., 1604,
A pr. ip.
No one is to disturb another in his speech by hissing, cough
ing, spitting {6 Grey, 3 3 2 ; Scob., 8; D 'Ew es, 332, col. 1 , 64.0,
col. 2) , speaking or whispering to another {Scob., 6; D 'Ewes,
487, col. 1 ) , nor stand up to interrupt him {Town., col. 203;
Mem. in H akew., 3 1 )/ nor to pass between the Speaker and the
speaking member, nor to go across the House {Scob., < ),o r to
5
walk up and down it, or to take books or papers from the table,
or write there {2 Hats., 17 1').
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 anything worth their hearing. 2 H ats., 77, 78.
If repeated calls do not produce order, the Speaker may call
by his name any member obstinately persisting in irregularity;
whereupon the House may require the member to withdraw.
He is then to be heard in exculpation, and to withdraw. Then
the Speaker states the offense committed, and the House con
siders the degree of punishment they will inflict. 2 Hats., 167
7, 8, 172.
For instances of assaults and affrays in the House of Com
mons, and the proceedings thereon, see 1 Pet. Misc., 82; 3 Grey,
12 8 ; 4 Grey, 3 28 ; 3 Grey, 3 8 2; 6 Grey, 234; 10 Grey, 8.
Whenever warm words or an assault have passed between
members, the House, for the protection of their members,
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requires them to declare in their places not to prosecute any
quarrel ( 3 Grey, 128, 293; 3 Grey, 280), or orders them to
attend the -Speaker, who is to accommodate their differences,
and report to the House ( 3 Grey, 419)', and they are put under
restraint if they refuse, or until they do (p Grey, 234, 3 1 2 ) .
Disorderly words are not to be noticed till the member has
finished his speech. 3 Grey, 3 3 6 ; 6 Grey, 60. Then the per
son 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 a
part of his minutes, and when read to the offending member,
he may deny they were his words, and the House must then
decide by a question whether they are his words or not. Then
the member may justify them, or explain the sense in which he
used them, or apologize. If the House is 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., 19 9 ; 4 Grey, 17 0 ; 6 Grey, 39. When any
member has spoken, or other business intervened, after offensive
words spoken, they can not be taken notice of for censure.
And this is for the common security of all, and to prevent mis
takes which must happen if words are not taken down imme
diately. Formerly they might be taken down at any time the
same day. 2 Hats., 19 6 ; Mem. in Hakew., 7 1 ; 3 Grey, 48; 9
Grey, 3 14 .
N o t e .—See Senate Rule X IX , clauses 2 and 3.
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.
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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 disrespectfully spoken by a member of
another House, it is difficult to obtain punishment, because of
the rules supposed necessary to be observed (as to the immedi
ate noting down of words) for the security of members. There
fore it is the duty of the House, and more particularly of the
Speaker, to interfere immediately, and not to permit expressions
to go unnoticed which may give a ground of complaint to the
other House and introduce proceedings and mutual accusations
between the two Houses which can hardly be terminated with
out difficulty and disorder. 3 Hats., 3 1 .
No member may be present when a bill or any business con
cerning himself is debating; nor is any member to speak to the
merits of it till he withdraws. 2 H ats., 219. The rule is, that
if a charge against a member arise out of a report of a commit
tee, or examination of witnesses in the House, as the member
knows from that to what points he is to direct his exculpation,
he may be heard to those points before any question is moved
or stated against him. He is then to be heard, and withdraw
before any question is moved. But if the question itself is the
charge, as for breach of order or matter arising in the debate,
then the charge must be stated (that is, the question must be
moved), himself heard, and then to withdraw. 2 Hats., 1 2 1 ,
12 2 .
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 observance should be
strictly adhered to. 2 H ats., u p , 1 2 1 ; 6 Grey, 368.
N o t e : —See Senate Rule XII.
No member is to come into the House with his head covered,
nor to remove from one place to another with his hat on, nor is
to put on his hat in coming in or removing, until he be set down
in his place. Scot., 6.
A question of order may be adjourned to give time to look
into precedents. 2 Hats. , 118 .
In Parliament all decisions of the Speaker may be controlled
by the House. 3 Grey, 3 ip .
SE C . X V III.
O R D E R S O F T H E H O U SE.
Of right, the door of the House ought not to be shut, but to
be kept by porters, or sergeants-at-arms, assigned for that pur
pose. Mod. ten. Pari., 23.
N o t e . —See Senate Rule X X X V .
' f
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Index Senators
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
person 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 there is not a quorum
present. 2 Hats. , 87, i2p . How far an order of the House is
binding, see Hakew. , 3p2.
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 interest-
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Jefferson's Manual.
ing matter, they ought not to be proceeded on till an hour at
which the House is usually full.
N o t e .—See Senate Rule X.
Orders of the day may be discharged at any time, and a new
one made for a different day. 3 Grey, 48, 3 13 .
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 unimportant bills, sometimes comes to a resolution
that no new bill be brought in, except it be sent from the other
House. 3 Grey, 136.
A ll 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. Rayrn., 12 0 ; Jacob's L . D. by
Ruffhead; Parliament, 1 L ev., 163, Pitchard's Case.
Where the Constitution authorizes each House to determine
the rules of its proceedings, it must mean in those cases (legis
lative, executive, or judiciary) submitted to them by the Con
stitution, or in something relating to these, and necessary toward
their execution. But orders and resolutions are sometimes en
tered in the journalshaving no relation to these, such as accept
ances of invitations to attend orations, to take part in processions,
etc. These must be understood to be merely conventional among
those who are willing to participate in the ceremony, and are
therefore, perhaps, improperly placed among the records of the
House.
SEC . X IX .
P E T IT IO N .
A petition prays something. A remonstrance has no prayer.
/ Grey, 38.
Petitions must be subscribed by the petitioners (Scob., 87; L .
P a ri., c. 22; 9 Grey,36 2), unless they are attending (/ Grey, 4 0 1),
or unable to sign, and averred by a member (3 Grey, 4 18 ). But
a petition not subscribed, but which the member presenting it
affirmed to be all in the handwriting of the petitioner, and his
name written in the beginning, was on the question (March 14,
Jefferson's Manual.
I OI
1800) received by the Senate. The averment of a member, or
of somebody without doors, that they know the handwriting of
the petitioners is necessary, if it be questioned. 6 Grey, 36.
It must be presented by a member—not by the petitioners—and
must be opened by him, holding it in his hand. 10 Grey, 57.
N o t e . —See Senate Rule VII, clauses 3, 4.
Regularly, a motion for receiving it must be made and sec
onded, 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.
SEC. X X .
M O TIO N S.
When a motion has been made, it is not to be put to the ques
tion or debated until it is seconded. Scob., 2 1.
It is then, and not till then, in possession of the House, and
can not 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.
N o t e . —See Senate Rule X X I.
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 can not. When two members offer to speak,
he who rose first is to be heard, and it is a breach of order in
another to interrupt him, unless by calling him to order if he
departs from it. And the question of order being decided, he is
still to be heard through. A call for adjournment, or for the
order of the day, or for the question, by gentlemen from their
seats, is not a motion. No motion can be made without rising
and addressing the Chair. Such calls are themselves breaches
of order, which, though the member who has risen may respect
as an expression of impatience of the House against further de
bate, yet, if he chooses, he has a right to go on.
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SEC.
X X I.
R E SO L U T IO N S .
When the House commands, it is by an “ order.” But fact,
principles, and their own opinions and purposes are expressed
in the form of resolutions.
A resolution for an allowance of money to the clerks being
moved, it was objected to as not in order, and so ruled by the
Chair; but on appeal to the Senate, i. e., a call for their sense
by the President, on account of doubt in his mind, according to
Rule X X , clause 2, the decision was overruled. Jour. Senate,
Ju n e 1, 1796. I presume the doubt was whether an allowance
of money could be made otherwise than by bill.
SE C .
X X II.
b il l s
.
Every bill shall receive three readings previous to its being
passed, and the President shall give notice at each whether it be
first, second, or third, which readings shall be on three different
days, unless the Senate unanimously direct otherwise.
N o t e . —See Senate Rule XIV, clause 2.
SEC . X X III.
B IL L S , L E A V E TO B R IN G 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 moving for leave to bring in a bill, entitled, etc.
Leave being given on the question, a committee is appointed to
prepare and bring in the bill. The mover and seconder are
always appointed of this committee, and one or more in addi
tion. Hakew., 13 2 ; Scob., 4.0. It is to be presented fairly
written, without any erasure or interlineation, or the Speaker
may refuse it. Scob., 4 1 ; 1 Grey, 8 2, 84.
N o t e .—See Senate Rule XIV, clause 1.
SE C . X X IV .
B I L L S , F I R S T R E A D IN G .
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
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10 3
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, 14 1. A bill can not be amended on
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.
SEC. X X V .
B IL L S , SE C O N D R E A D IN G .
The second reading must regularly be on another day. Hakew. ,
14.3. 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.
N o te .—See Senate Rule XIV, clause 3.
In the Senate of the United States, the President reports the
title of the bill; that this is the second time of reading it; that
it is now to be considered as in a Committee of the Whole; and
the question will be whether it shall be read a third time, or
that it may be referred to a special committee.
N o t e . —See Senate Rule XIV, clauses 3-5.
SE C . X X V I.
B IL L S , C O M M IT M E N T .
If on motion and question it be decided that the bill shall be
committed, it may then be moved to be referred to 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
over the names and number, if a question be moved
power
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against any one; and may in any case put in and put out whom
they please.
N o t e . —See Senate Rule XV, clause 1, and X X V I, clause 1.
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., i f f ; Town., col. 208; D 'Ew es, 634., col. 2 ;
Scob., 47); or, as is said (5 Grey, 14 5 ), the child is not to be put
to a nurse that cares not for it (6 Grey, 3 7 3). 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 commit
tee ( Town., col. 13 8 ), but it is usual to deliver it to him who is
first named.
In some cases the House has ordered a committee to withdraw
immediately into the committee chamber, and act on and bring
back the bill, sitting the House. Scob., 48. A committee meet
when and where they please, if the House has not ordered time
and place for them (6 Grey, 370), but they can only act when
together, and not by separate consultation and consent—nothing
being the 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 o f Passing Bills, 1 1 .
Any member of the House may be present at any select com
mittee, but can not vote, and must give place to all of the com
mittee, and sit below them. Elsynge, 1 2 ; Scob., 49.
The committee have full power over the bill or other paper
committed to them, except that they can not change the title or
subject. 8 Grey, 228.
The paper before a committee, whether select or of the whole,
Jefferson's Manual.
105
may be a bill, resolutions, draft of an address, etc., 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 chair
man, by paragraphs (Scob., 4.9), pausing at the end of each para
graph, and putting questions for amending, if proposed. In the
case of resolutions on distinct subjects, originating with them
selves, a question is put on each separately, as amended or un
amended, and no final question on the whole ( j Hats., 276), but
if they relate to the same subject a question is put on the whole.
If it be a bill, draft of an address, or other paper originating
with them, they proceed by paragraphs, putting questions for
amending, either by insertion or striking out, if proposed; but
no question on agreeing to the paragraphs separately. This is
reserved to the close, when a question is put on the whole, for
agreeing to it as amended or unamended. But if it be a paper
referred to them they proceed to put questions of amendment,
if proposed, but no final question on the whole; because all
parts of the paper, having been adopted by the House, stand, of
course, 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 can not reject it, but must report
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 can not recur back and make
any alteration in a former part. 2 Hats., go. In numerous
assemblies this restraint is doubtless important, but in the
Senate of the United States, though in the main we consider and
amend the paragraphs in their natural order, recurrences are
indulged; and they seem, on the whole, in that small body, to
produce advantages overweighing their inconveniences.
To this natural order of beginning at the beginning there is
a single exception found in parliamentary usage. When a bill
io6
Jefferson's Manual.
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 alter
ation of the preamble. Scot. , 50/ 7 Grey, 431.
On this head the following case occurred in the Senate, March
6, 1800: A resolution which had no preamble having been
already amended by the House so that a few words only of the
original remained in it, a motion was made to prefix a preamble,
which having an aspect very different from the resolution, the
mover intimated that he should afterwards propose a corre
spondent amendment in the body of the resolution. It was
objected that a preamble could not be taken up till the body
of the resolution is done with; but the preamble was received,
because we are in fact through the body of the resolution; we
have amended that as far as amendments have been offered,
and, indeed, till little of the original is left. It is the proper
time, therefore, to consider a preamble; and whether the one
offered be consistent with the resolution is for the House to
determine. The mover, indeed, has intimated that he shall
offer a subsequent proposition for the body of the resolution;
but the House is not in possession of it; it remains in his breast,
and may be withheld. The rules of the House can only operate
on what is before them. The practice of the Senate, too,
allows recurrences backward and forward for the purpose of
amendment, not permitting amendments in a subsequent to
preclude those in a prior part, or e converso.
N o t e . —See Senate Rule X X III.
When the committee is through the whole, a member moves
that the committee may rise and the chairman report the papei
to the House, with or without amendments, as the case maybe.
2 Hats. , 289, 292; Scob. , s j ; 2 Hats. , 290; 8 Scob. , 50.
When a vote is once passed in a committee, it can not be
altered but by the House, their votes being binding on them
selves. 1607, Ju n e 4.
i
Jefferson's Manual.
The committee may not erase, interline, or blot the bill itself;
but must, in a paper by itself, set down the amendments, stat
ing the words which are to be inserted or omitted (Scob., 50),
and where, by references to page, line, and word of the bill
(Scab., 50).
SE C . X X V II.
R E P O R T O F C O M M IT T E E .
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 him to report the same without any amend
ment, or with sundry amendments (as the case may be), which
he is ready to do when the House pleases to receive it. And he
or any other may move that it be now received; but the cry
of “ Now, now,’ ’ from the House generally dispenses with the
formality of a motion and question. He then reads the amend
ments, 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 upon
the table till the House, at its convenience, shall take up the
report. Scob.,52; Hakew., 14.8.
N o t e . —See Senate Rule X X V I, clause 2.
The report being made, the committee is dissolved, and can
act no more without a new power. Scob., 5 1 . But it may be
revived by a vote, and the same matter recommitted to them.
4 Grey, 3 6 1.
SE C . X X V III.
B I L L , R E C O M M IT M E N T .
After a bill has been committed and reported, it ought not, in
an ordinary course, to be recommitted; but in cases of impor
tance, and for special reasons, it is sometimes recommitted, and
usually to the same committee. Hakew. , 1 5 1. 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
108
Jefferson’s Manual.
the committee, and a new resolution must be again moved, as
if nothing had passed, 3 H ats., 1 3 1 —note.
In Senate, January, 1800, the salvage bill was recommitted
three times after the commitment.
A particular clause of a bill may be committed without the
whole bill (3 Hats., 1 3 1 ); or so much of a paper to one and so
much to another committee.
SEC . X X IX .
B IL E , R E P O R T S T A K E N U P.
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 committee, when the paragraphs have, on distinct
questions, been agreed to seriatim ( 5 Grey 366; 6 Grey, 368;
8 Grey, 47, 104., 360; 1 Torbuck's Deb., 12 3 ; 3 Hats., 348), no
question needs be put on the whole report ( 5 Grey, 3 8 1) .
On taking up a bill reported with amendments, the amend
ments 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 question whether the bill shall be read a third time.
SEC. X X X .
Q U A SI-C O M M IT T E E .
If on motion and question the bill be not committed, or if no
proposition for commitment be made, then the proceedings in
the Senate of the United States and in Parliament are totally
different. The former shall be first stated.
N o t e .— See Senate Rule XV, clauses i, 2.
The proceeding of the Senate as in a Committee of the*Whole,
or in quasi-committee, is precisely as in a real Committee of the
Jefferson's Manual.
109
Whole, taking no questions but on amendments. When through
the whole, they consider the quasi-committee as risen, the House
resumed without any motion, question, or resolution to that
effect, and the President reports that “ the House, acting as in
a Committee of the Whole, have had under their consideration
the bill entitled, etc., and have made sundry amendments, which
he will now report to the House. ’ ’ The bill is then before them,
as it would have been if reported from a committee, and the
questions are regularly to be put again on every amendment;
which being gone through, the President pauses to give time to
the House to propose amendments to the body of the bill, and,
when through, puts the question whether it shall be read a third
time.
After progress in amending the bill in quasi-committee, a mo
tion may be made to refer it to a special committee. If the
motion prevails, it is equivalent in effect to the several votes
that the committee rise, the House resume itself, discharge the
Committee of the Whole, and refer the bill to a special commit
tee. In that case, the amendments already made fall. But if
the motion fails, the quasi-committee stands in statu quo.
How far does this X V th rule subject the House, when in
quasi-committee, to the laws which regulate the proceedings of
Committees of the Whole ? The particulars in which these differ
from proceedings in the House are the following: 1. In a com
mittee 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, can not
refer any matter to another committee. 4. In a committee no
previous question can be taken; the only means to avoid an im
proper discussion is to move that the committee rise; and if it
be apprehended that the same discussion will be attempted on
returning into committee, the House can discharge them, and
proceed itself on the business, keeping down the improper discus
sion by the previous question. 5. A committee can not punish
a breach of order in the House or in the gallery, p Grey, i i j .
Jefferson's Manual.
I IO
It can only rise and report it to the House, who may proceed
to punish. The first and second of these peculiarities attach to
the quasi-committee of the Senate, as every day’s practice
proves, and it seems to be the only ones to which the X X Y th
rule meant to subject them; for it continues to be a House, and,
therefore, though it acts in some respects as a committee, in
others it preserves its character as a House. Thus (3) it is in
the daily habit of referring its business to a special committee.
4. It admits of the previous question. If it did not, it would
have no means of preventing an improper discussion ; not being
able, as a committee is, to avoid it by returning into the House,
for the moment it would resume the same subject there the
X X V th rule declares it again a quasi-committee. 5. It would
doubtless exercise its powers as a House on any breach of order.
6. It takes a question by yea and nay, as the House does. 7. It
receives messages from the President and the other House.
8. In the midst of a debate it receives a motion to adjourn, and
adjourns as a House, not as a committee.
SEC. X X X I.
B IL E , SECO N D R E A D IN G IN T H E H O U SE.
In Parliament, after the bill has been read a second time, if
on the motion and question it be not committed, or if no propo
sition for commitment be made, the Speaker reads it by para
graphs, pausing between each, but putting no question but on
amendments proposed; and when through the whole, he puts
the question whether it shall be read a third time, if it came
from the other House; or, if originating with themselves, whether
it shall be engrossed and read a third time. The Speaker reads
sitting, but rises to put questions. The Clerk stands while he
reads.
* But the Senate of the United States is so much in the habit
* Under the present rules of the Senate (Rule X V , clause 2) no measure
can be amended after it has been ordered to be read a third time, unless
by unanimous consent, but as matter of fact the engrossment is not made
until the measure has finally passed.
Jefferson's Manual.
Ill
of making many and material amendments at the third reading
that it has become the practice not to engross a bill till it has
passed—an irregular and dangerous practice, because in this way
the paper which passes the Senate is not that which goes to the
other House, and that which goes to the other House as the act
of the Senate, has never been seen in Senate. In reducing
numerous, difficult, and illegible amendments into the text, the
Secretary may, with the most innocent intentions, commit errors
which can never again be corrected.
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. A ll attempts at earlier periods are with dis
jointed 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, there
fore, are reserved for this—that is to say, on the question
whether it shall be engrossed and 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 everyone to make up
his mind decisively for this question, or he loses the main battle;
and accident and management may, and often do, prevent a suc
cessful rallying on the next and last question, whether it shall
pass.
When the bill is engrossed, the title is to be indorsed on the
back, and not within the bill. Hakew. , 2jo ,
SEC . X X X II.
R E A D IN G P A P E R S .
Where papers are laid before the House or referred to a com
mittee, every member has a right to have them once read at the
112
Jefferson's Manual.
table before he can be compelled to vote on them; but it is a
great though common error to suppose that he has a right, toties
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, the 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., 1 1 7 , 118 .
N o t e .—See Senate Rule XI.
It is equally an error to suppose that any member has a right,
without a question put, to lay a book or paper on the table, and
have it read, on suggesting that it contains matter infringing on
the privileges of the House. Ib.
For the same reason, a member has not a right to read a paper
in his place, if it be objected to, without leave of the House.
But this rigor is never exercised but where there is an inten
tional or gross abuse of the time and patience of the House.
A member has not a right even to read his own speech, com
mitted 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.
A report of a committee of the Senate on a bill from the House
of Representatives being under consideration: On motion that
the report of the committee of the House of Representatives on
the same bill be read in the Senate, it passed in the negative.
Feb. 28, 1793.
Formerly, when papers were referred to a committee, they
used to be first read, but of late only the titles, unless a mem
ber insists they shall be read, and then nobody can oppose it.
2 Hats., 11 7 .
Jefferson's Manual.
SEC . X X X III.
P R IV IL E G E D
ii3
Q U EST IO N S.
It is no possession of a bill unless it be delivered to the Clerk to
read, or the Speaker reads the title.—L e x P a ri., 274.; Elysynge
Mem.., 85; 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., 8 1. But this rule
gives way to what may be called privileged questions, and the
privileged questions are of different grades among themselves.
A motion to adjourn simply takes place of all others, for
otherwise the House might be kept sitting against its will and
indefinitely. Yet this motion can not be received after another
question is actually put and while the House is engaged in
voting.
N o t e . —See Senate Rules IX and X X II.
Orders of the day take place of all other questions, except for
adjournment— 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 order of the day to be read,
no further debate is permitted 011 the question which was before
the House; for if the debate might proceed, 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 011 in the course in which they
stand, 2 Hats., 8 j; for priority of order gives priority of right,
which can not be taken away but by another special order.
N o t f . —See Senate Rule X.
After these there are other privileged questions, which will
require considerable explanation.
It is proper that every parliamentary assembly should have
certain forms of questions, so adapted as to enable them fitly to
dispose of every proposition which can be made to them. Such
are: 1. The previous question. 2. To postpone indefinitely.
80281°—IS-----8
114
Jefferson's Manual.
3. To adjourn a question to a definite day. 4. To lie on the
table. 5. To commit. 6. To amend. The proper occasion
for each of these questions should be understood.
1. When a proposition is moved which it is useless or inex
pedient 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 adjournment is a dissolution, or
the continuance of a suit sine die is a discontinuance of it.
3. When a motion is made which it will be proper to act on,
but information is wanted, or something more pressing claims
the present time, .he question or debate is adjourned to such
day within the session as will answer the views of the House.
2 Hats., 8 1. 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 adjourn
ing 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 pres
ent attention, but would be willing to reserve in their power to
take up a proposition whenever it shall suit them, they order it
to lie on their table. It may then be called for at any time.
N o t e .—See Senate Rule X X II.
5. If the proposition will want more amendment and diges
tion 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 lead
ing consequence, they then proceed to consider and amend it
themselves.
The Senate, in their practice, vary from this regular gradation
Jefferson's Manual.
115
of forms. Their practice comparatively with that of Parliament
stands thus:
FO R T H E P A R L I A M E N T A R Y :
T H E SE N A T E U SES:
Postponement indefinite.......... Postponement to a day beyond
the session.
Adjournm ent............................. Postponement to a day within
the session.
_ .
,
f Postponement indefinite.
Tying on the table .................. j T .
., . . .
I Tying on the table.
In their V lllt li rule ( X X I I ) , therefore, which declares that
while a question is before the Senate no motion shall be received,
unless it be for the previous question, or to postpone, commit,
or amend the main question, the term postponement must be
understood according to their broad use of it, and not in its
parliamentary sense. Their rule, then, establishes as privileged
questions, the previous question, postponement, commitment,
and amendment.
But it may be asked, Have these questions any privilege
among themselves; or, are they so equal that the common prin
ciple of the “ first moved first put” takes place among them?
This will need explanation. Their competitions may be as fol
lows :
1 . Previous question and postpone]
com it |
m
am
end J
2. Postpone and previous question ]
commit r
first. second, and third
classes, and the first member
amen
Q
f
fourtk class, the rule
3- Commit and previous question j <*first moved first p u t” takes
[place,
,
postpone
am
end J
4. Amend and previous question ]
postpone [
com it J
m
n6
Jefferson's Manual.
In the first class, where the previous question is first moved,
the effect is peculiar; for it not only prevents the after motion
to postpone or commit from being put to question before it, but
also from being put after it; for if the previous question be
decided affirmatively, to wit, that the main question shall now
be put, it would of course be against the decision to postpone or
commit; and if it be decided negatively, to wit, that the main
question shall not now be put, this puts the House out of pos
session of the main question, and consequently there is nothing
before them to postpone or commit. So that neither voting for
nor 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
proposition 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 post
poned) the main question may then be suppressed by the pre
vious 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.
Amendment and postponement competing, postponement is
first put, as the equivalent proposition to adjourn the main ques
tion would be in Parliament. The reason is that the question
for amendment is not suppressed by postponing or adjourning
the main question, but remains before the House whenever the
main question is 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 facili-
Jefferson's Manual.
tates and befriends the motion to amend. Scobell is express:
“ On 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 them
selves, when both are moved on the original or main question;
but now let us suppose one of them to be moved, not on the
original primary question, but on the secondary one, e. g . :
Suppose a motion to postpone, commit, or amend the main
question, and that it be moved to suppress that motion by put
ting a previous question on it. This is not allowed; because it
would embarrass questions too much to allow them to be piled
on one another several stories high; and the same result may
be had in a more simple way—by deciding against the postpone
ment, commitment, or amendment. 2 Hats., 8 1 , 2 , j , 4.
Suppose a motion for the previous question, or commitment
or amendment of the main question, and that it be then moved
to postpone the motion for the previous question, or for com
mitment 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 the eighth rule of Senate says that, when a
main question is before the House, no motion shall be received
but to commit, amend, or prequestion the original question,
which is the parliamentary doctrine also. Therefore the motion
to postpone the secondary motion for the previous question, or
for committing or amending, cannot be received. 2. This is a
piling of questions one on another; which, to avoid embarrass
ment, is not allowed. 3. The same result may be had more
simply by voting against the previous question, commitment, or
amendment.
Suppose a commitment moved of a motion for the previous
118
Jefferson's Manual.
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 can not be amended.
Parliamentary usage, as well as th eIX th rule of the Senate, has
fixed its form to be, “ Shall the main question be now put?’ ’—
i. e., at this instant; and as the present instant is but one, it
can admit of no modification. To change it to to-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 a indefi
nite time. The useful character of amendment gives it a privi
lege of attaching itself to a secondary and privileged motion—
that is, we may amend a postponement of a main question. So,
we may amend a commitment of a main question, as by adding,
for example, “ with instructions to inquire,’ ’ etc. In like man
ner, 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 amend
ment 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.
N o t e . —See Senate Rule X X V I, clause i.
[In filling a blank with a sum, the largest sum shall be first
put to the question, by the X ll lt h rule of the Senate,* con
trary to the rule of Parliament, which privileges the smallest
sum and longest time. 3 Grey, zyg; 2 Hats., 8, 83; 3 Hats.,
13 2 , z j j .] And this is considered to be not in the form of an
amendment to the question, but as alternative or successive
originals. In all cases of time or number, we must consider
whether the larger comprehends the lesser, as in a question to
* This rule was dropped in the last revision.
Jefferson's Manual,
what day a postponement shall be, the number of a committee,
amount of a fine, term of an imprisonment, term of irredeem
ability of a loan, or the terminus in quern in any other case;
then the question must begin a maximo. Or whether the lesser
includes the greater, as in questions on the limitation of the
rate of interest, on what day the session shall be closed by
adjournment, on what day the next shall commence, when an
act shall commence, or the terminus a quo in any other case
where the question must begin a minimo; the object being not
to begin at that extreme which, and more, being within every
man’s wish, no one could negative it, and yet, if he should vote
in the affirmative, every question for more would be 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, j Grey, 376, 384., 383. “ 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, 365.
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.
N o t e .—See Senate Rule XX.
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 dis
posed 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.
L,eave asked to withdraw a motion. The rule of Parliament
being that a motion made and seconded is in the possession of
the House, and can not be withdrawn without leave, the very
120
Jeffersoyi's Manual.
terms of the rule imply that leave may be given, and, conse
quently, may be asked and put to the question.
SEC . X X X IV .
T H E P R E V IO U S Q U EST IO N .
When any question is before the House, any member may
move a previous question whether that question (called the
main question) shall now be put. If it pass in the affirmative,
then the main question is to be put immediately, and no man
may speak anything further to it, either to add or alter. Memor.
in Hakew., 28; 4 Grey, 2 J .
The previous question being moved and seconded, the ques
tion from the Chair shall be, “ Shall the main question be now
put? ” And if the nays prevail, the main question shall not then
be put.
This kind of question is understood by Mr. Hatsell to have
been introduced in 1604. 2 Hats., 80. Sir Henry Vane intro
duced it. 2 Grey, 1 1 3 , 1 1 4 ; 3 Grey, 384. When the question
was put in this form, “ Shall the main question be p u t?” a de
termination in the negative suppressed the main question dur
ing the session; but since the words “ now put ” are used, they
exclude it for the present only; formerly, indeed, only till the
present debate was over (4 Grey, 43), but now' for that day and
no longer (2 Grey, 1 1 3 , 1 1 4 ) .
Before the question v’hether the main question shall now be
put, any person might formerly have spoken to the main ques
tion, because otherwise he wrould be precluded from speaking to
it at all. Mem. in Hakew., 28.
The proper occasion for the previous question is when a sub
ject is brought forward of a delicate nature as to high personages,
etc., 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 abu
sively to other cases; but in these it has been an embarrassing
Jefferson's Manual.
I2I
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
question on it has been moved and seconded? 2 Hats., 88.,
says if the previous 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 p u t; and then move their amended ques
tion, which being made new by the amendment, is no longer the
same which has been just suppressed, and therefore may be pro
posed 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 ques
tion be not now put, with a view to move it again in an amended
form. The enemies of the main question, by this maneuver to
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 this opinion, too, he makes the deciding circum
stance, whether an 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 discussed, 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.
122
Jefferson's Manual.
Hatsell proposes, after the decision against putting the original
question. He acknowledges, too, that the practice has been to
admit previous amendments, and only cites a few late instances
to the contrary. On the whole, I should think it best to decide
it ab inconvenienti, to w it: Which is most 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 it in the powrer
of ‘the other side to force on, incidentally at least, a discussion
which would be better avoided ? Perhaps the last is the least
inconvenience, inasmuch as the Speaker, by confining the dis
cussion 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 subjects of public discussion, and ought
not to be obstructed by a formality introduced for questions of
a peculiar character.
SEC. X X X V .
A M EN D M EN TS.
[ N o t e .— See Senate Rules X V I and XVII.]
On an amendment being moved, a member who has spoken
to the main question may speak again to the amendment.
Scob., 2 j.
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
subserve, 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 it was intended
by the movers, so that they vote against it themselves. 2 Hats. ,
7 9 ; 4, 82, 84.. A new bill maybe ingrafted, by way of amend
ment, on the words “ Be it enacted,” etc. 1 Grey, ipo, 192.
Jefferson's Manual.
If it be proposed to amend by leaving out certain words, it
may be 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, < The parliamentary
?.
question is, always, whether the words shall stand 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 can not be amended after
wards 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 para
graph 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 can not 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
inserting 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 in
serted, 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 nega
tived. Then it is moved to strike out the same words and insert
nothing, which is agreed to. A ll this is admissible, because
to strike out and insert A is one proposition. To strike out
and insert B is a different proposition. And to strike out and
1 2 4
Jefferson's Manual.
insert nothing is still different. And the rejection of one prop
osition does not preclude the offering a different one. Nor
would it change the case were the first motion divided by put
ting 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 can not do it.*
N o t e .—See Senate Rule X VIII.
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 anything forbid a new insertion instead of A and its
coherence.
In Senate, January 25, 1798, a motion to postpone until the
second Tuesday in February some amendments proposed to the
Constitution; the words “ until the second Tuesday in Feb
ru ary’ ’ were struck out by way of amendment. Then it was
moved to add, “ until the first day of Ju ne.” Objected that it
was not in order, as the question should be first put on the long
est time; therefore, after a shorter time decided against, a longer
* In the case of a division of the question, and a decision against strik
ing out, I advance doubtingly the opinion here expressed. I find no
authority either way, and I know it may be viewed under a different
aspect. It may be thought that, having decided separately not to strike
out the passage, the same question for striking out can not be put over
again, though with a view to a different insertion. Still, I think it more
reasonable and convenient to consider the striking out and insertion as
forming one proposition, but should readily yield to any evidence that the
contrary is the practice in Parliament.
Jefferson's Manual.
125
can not 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 maybe
received to insert any other. In fact, it is not until they are
struck out, and a blank for the time thereby produced, that the
rule can begin to operate, by receiving all the propositions for
different times, and putting the question successively on the long
est. Otherwise it would be in the power of the mover, by in
serting originally a short time, to preclude the possibility of a
longer; for till the short time is struck out, you can not insert
a longer; and if, after it is struck out, you can not do it, then it
can not be done at all. Suppose the first motion had been made
to amend by striking out “ the second Tuesday in February,”
and inserting instead thereof “ the first of Ju n e,” 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 bill by way of amendment. So if the matter
of one bill would be better distributed into two, any part maybe
struck out by way of amendment and put into a new bill. If a
section is to be transposed, a question must be put on striking
it out where it stands, and another for inserting it in the place
desired.
A bill passed by the one House with blanks. These may be
filled up by the other by way of amendments, returned to the
first as such, and passed. 3 Hats., 83.
The number prefixed to the section of a bill, being merely a
marginal indication and no part of the text of the bill, the
Clerk regulates that; the House or committee is only to amend
the text.
126
Jefferson's Manual.
SEC. X X X V I.
D IV IS IO N O F T H E Q U EST IO N .
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 complicated—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 question, unless the House
orders it to be divided; as, on the question, December 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 sev
eral names in a question, they may be divided and put one by
one. 9 Grey, 4.4.4.. So, 1729, April 17, on an objection that
a question was complicated, it was separated by amendment.
2 Hats. , 7p.
N o t e .— See Senate Rule XVIII.
The soundness of these observations will be evident from the
embarrassments produced by the X V IIIth rule of the Senate,
which says, ‘ ‘ If the question in debate contains several points,
any member may have the same divided. ’ ’
1798, May 30, the alien bill in quasi-committee. To a section
and proviso in the original, had been added two new provisos
by way of amendment. On a motion to strike out the section
as amended, the question was 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 wrhen nothing re
mains but the last member of the section and the provisos, they
can not be divided so as to put the last member to question by
itself, for the provisos might thus be left standing alone as
exceptions to a rule when the rule is taken away; or the new
provisos might be left to a second question, after having been
decided on once before at the 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
Jefferson's Manual.
127
SE C . X X X V II.
C O E X IS T IN G Q U EST IO N S.
It may be asked whether the House can be in possession of
two motions or propositions at the same time; so that, one of
Index Senators
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 con
tain an entire point or proposition.
May 3 1.—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,” etc. It was objected that the words
“ any alien merchant,” could not be separated from their modi
fying words, “ conforming,” etc., because these words, if left
by themselves, contain no substantive idea, will make no sense.
But admitting that the divisions of a paragraph into separate
questions must be so made as that each part may stand by itself,
yet the House having, on the question, retained the two first
divisions, the words “ any alien merchant ” may be struck out,
and their modifying words will then attach temselves to the pre
ceding description of persons, and become a modification of that
description.
When a question is divided, after the question on the first
member, the second is open to debate and amendment; because
it is a known rule that a person may rise and speak at any
time before the question has been completely decided, by putting
the negative as well as affirmative side. But the question is not
completely put when the vote has been taken on the first mem
ber only. One-lialf of the question, both affirmative and nega
tive, remains still to be put. See Execut. Jo u r., Ju n e 25, 1795.
The same decision by President Adams.
128
Jefferson's Manual,
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 facto before them
at their next meeting, but must come forward in the usual way.
So, when it is interrupted by the order of the day. Such other
privileged questions also as dispose of the main question (e. g .,
the previous question, postponement, or commitment) remove it
from before the House. But it is only suspended by a motion
to amend, to withdraw, to read papers, or by a question of order
or privilege, and stands again before the House when these are
decided. None but the class of privileged questions can be
brought forward while there is another question before the
House, the rule being that when a motion has been made and
seconded no other can be received except it be a privileged one.
SEC . X X X V III.
E Q U IV A L E N T Q U EST IO N S.
If, on a question for rejection, a bill be retained, it passes, of
course, to its next reading. Hakew., 1 4 1 ; Scob., 42. And a
question for a second reading determined negatively, is a rejec
tion without further question. 4 Grey, 14.9. And see Elsytige's
Memor., 42, in what cases questions are to be taken for rejec
tion.
Where questions are perfectly equivalent, so that the negative
of the one amounts to the affirmative of the other, and leaves
no other alternative, the decision of the one concludes neces
sarily the other. 4 Grey, iyy. Thus the negative of striking
out amounts-to the affirmative of agreeing; and therefore to put
a question on agreeing after that on striking out, would be to
put the same question in effect twice over. Not so in questions
of amendments between the two Houses. A motion to recede
being negatived, does not amount to a positive vote to insist,
because there is another alternative, to wit, to adhere.
A bill originating in one House is passed by the other with
an amendment. A motion in the originating House to agree
to the amendment is negatived. Does there result from this a
vote of disagreement, or must the question on disagreement be
expressly voted? The questions respecting amendments from
another House are— ist, to agree; 2d, disagree; 3d, recede; 4th,
insist; 5th, adhere.
Either of these concludes the other neces
ist. To agree.
sarily, for the positive of either is exactly
2d. To disagree.
the equivalent of the negative of the other,
and no other alternative remains. On either
motion amendments to the amendment may
be proposed; e. g ., if it be moved to disa
gree, those who are for the amendment
have a right to propose amendments, and
to make it as perfect as they can, before
the question of disagreeing is put.
You may then either insist or adhere.
3^.
4th.
You may then either recede or adhere.
You may then either recede or insist.
5th.
Consequently the negative of these is not
equivalent to a positive vote, the other way.
It does not raise so necessary an implica
tion as may authorize the Secretary by
inference to enter another, vote; for two
alternatives still remain, either of which
may be adopted by the House.
To recede.
To insist.
To adhere.
SEC . X X X IX .
T H E Q U E ST IO N .
The question is to be put first on the affirmative and then on
the negative side.
After the Speaker has put the affirmative part
tion, any member who has not spoken before to
may rise and speak before the negative be put;
no full question till the negative part be put.
Hats 73.
of the ques
the question
because it is
Scot., 23 ; 2
N o t e .— See Senate Rule X IX .
But in small matters, and which are, of course, such as receiv
ing petitions, reports, withdrawing motions, reading papers, &c.,
80281°—15-
§§
130
Jefferson's Manual.
the Speaker most commonly supposes the consent of the House
where no objection is expressed, and does not give them the
trouble of putting the question formally. Scob., 22 ; 2 Hats.,
2 , 79, 87; 3 Grey, 12 9 ; 9 Grey, 3 0 1.
SEC. X L .
B IL L S , T H IR D R E A D IN G .
To prevent bills from being passed by surprise, the House, by
a standing order, directs that they shall not be put on their
passage before a fixed hour, naming one at which the House
is commonly full. Hakew., 133.
The usage of the Senate is, not to put bills on their passage
till noon.
A bill reported and passed to the third reading can not on that
day be read the third time and passed; because this would be
to pass on two readings in the same day.
At the third reading the Clerk reads the bill and delivers it to
the Speaker, who states the title, that it is the third time of read
ing the bill, and that the question will be whether it shall pass.
Formerly the Speaker, or those who prepared a bill, prepared
also a breviate or summary statement of its contents, which the
Speaker read when he declared the state of the bill at the sev
eral readings. Sometimes, however, he read the bill itself,
especially on its passage. Hakew., 136, 13 7 , 13 3 ; Coke, 22,
1 1 3 . Latterly, instead of this, he, at the third reading, states
the whole contents of the bill verbatim, only, instead of reading
the formal parts, “ Be it enacted,” etc., he states that “ the
preamble recites so and so— the first section enacts that, etc.;
the second section enacts, ’ ’ etc.
But in the Senate of the United States both of these formali
ties are dispensed with; the breviate presenting but an imperfect
view of the bill, and being capable of being made to present a
false one; and the full statement being a useless waste of time,
immediately after a full reading by the Clerk, and especially as
every member has a printed copy in his hand.
A bill on the third reading is not to be committed for the
matter or body thereof, but to receive some particular clause or
Jefferson's Manual.
131
proviso it hath been sometimes suffered, but as a thing very
unusual. Hakew., 156. Thus (.27 E l ., 1584) a bill was com
mitted on the third reading, having been formerly committed
on the second, but is declared not usual (D 'E w es, 337, col. 2 ;
4.14., col. 2).
When an essential provision has been omitted, rather than
erase the bill and render it suspicious they add a clause on a
separate paper, engrossed and called a rider, which is read and
put to the question three times. Elsynge's Memo., 5 9 ; 6 Grey,
3 3 3 ; 1 Dlackst., 183. For examples of riders, see3 Hats., 1 2 1 ,
12 2, 124, 136. Everyone is at liberty to bring in a rider with
out asking leave. 10 Grey, 32.
It is laid down as a general rule that amendments proposed
at the second reading shall be twice read, and those proposed at
the third reading thrice read; as also all amendments from the
other House. Town., col. 19, 23, 24, 23, 26, 27, 28.
It is with great and almost invincible reluctance that amend
ments are admitted at this reading which occasion erasures or
interlineations. Sometimes a proviso has been cut off from a
bill; sometimes erased. 9 Grey, 3 13 .
This is the proper stage for filling up blanks; for if filled up
before, and now altered by erasure, it would .be peculiarly
unsafe.
At this reading the bill is debated afresh, and for the most
part is more spoken to at this time .than on any of the former
readings. Hakew., 13 3 .
The debate on the question whether it should be read a third
time has discovered to its friends and opponents the arguments
on which each side relies, and which of these appear to have in
fluence with the House; they have had time to meet them with
new arguments and to put their old ones into new shapes. The
former vote has tried the strength of the first opinion and fur
nished grounds to estimate the issue; and the question now
offered for its passage is the last occasion which is ever to be
offered for carrying or rejecting it.
When the debate is ended, the Speaker, holding the bill in his
132
Jefferson's Manual,
hand, puts the question for its passage, by saying, ‘ Gentle
men, all you who are of opinion that this bill shall pass, say
aye
and after the answer of the ayes, “ All those of the con
trary opinion, say no.” Hakew., 154..
After the bill is passed, there can be no further alteration of
it in any point. Hakew., 159.
SEC. X L I.
D IV IS IO N O F T H E H O U SE.
The affirmative and negative of the question having been
both put and answered, the Speaker declares whether the yeas
or nays have it by the sound, if he be himself satisfied, and it
stands as the judgment of the House. But if he be not himself
satisfied which voice is the greater, or if before any other member
comes into the House, or before any new motion made (for it is
too late after that), any member shall rise and declare himself
dissatisfied with the Speaker’s decision, then the Speaker is to
divide the House. Scob., 24; 2 Hats., 140.
When the House of Commons is divided, the one party goes
forth and the other remains in the House. This has made it
important which go forth and which remain, because the latter
gain all the indolent, the indifferent, and inattentive. Their
general rule, therefore, is that those who give their vote for the
preservation of the orders of the House shall stay in, and those
who are for introducing any new matter or alteration, or pro
ceeding contrary to the established course, are to go out. But
this rule is subject to many exceptions and modifications (2
Hats., 13 4 ; 1 Rush.,, p 3 , fol. 92; Scob., 43, 5 2 ; Co., 12 , 1 1 6 ;
D 'Ew es, 503, col. i ; Mem. in Hakew., 23, 29), as will appear
by the following statement of who go forth:
Petition, lie on the table
Rejected after refusal to lie on tab le...............
Referred to a committee, or further proceeding.
* Noes.
9 Grey, 365,
Ayes.
Bill, that it be brought in
Read first or second time
Engrossed or read third time
Proceeding on every other stage
Committed
To Committee of the Whole
To a select committee
Report of bill to lie on table
Be now read
Be taken into consideration three months
hence...................................................................
Amendments to be read a second tim e ..............
30, P. J. 251.
Noes.
Clause offered on report of bill be read second
tim e..................................................................... Ayes.
For receiving a c la u s e .......................................
With amendments be engrossed.......................
That a bill be now read a third tim e ...................
Receive a rider......................................................
P a s s .........................................................................
Be printed..............................................................
Committees. That A take the chair..................
To agree to the whole or any part of report. .
That the House do now resolve into committee.
Speaker. That he now leave the chair, after Noes.
order to go into committee.............................
That he issue warrant for a new w rit..............
Member. That none be absent without leave • •
Witness.
That he be further examined............
Ayes.
Previous question .......... .........................................
334395398-
260.
259-
291.
Noes.
344.
Blanks. That they be filled with the largest sum .
Amendments. That words stand part o f.......... | Ayes,
Lords. That their amendment be read a second
j Noes.
tim e .....................................................................
1
IP
'
134
Jefferson's Manual.
Messenger be received......................................... 1
Orders of day to be now read, if before 2o’clock •J '
If after 2 o’clock . . . . ........................................ Noes
Adjournment. Till the next sitting day, if be- j
fore 4 o’c lo c k ..........................................
4
Over a sitting day (unless a previous resolu- ]
fAe
yS
If after o’clock............................................ Noes.
turn)......................................................j Ae'
yS
Over the 30th of Jan u ary................................. Noes.
For sitting on Sunday, or any other day not be- j
ing a sitting d a y ..............................................j *
The one party being gone forth, the Speaker names two tell
ers from the affirmative and two from the negative side, who
first count those sitting in the House and report the number to
the Speaker. Then they place themselves within the door, two
on each side, and count those who went forth as they come in,
and report the number to the Speaker. Mem. i?i Hakew., 26.
A mistake in the report of the tellers may be rectified after
the report made. 2 Hats., 7/5, note.
But in both Houses of Congress all these intricacies are
avoided. The ayes first rise, and are counted standing in their
places by the President or Speaker. Then they sit, and the
noes rise and are counted in like manner.
In Senate, if they be equally divided, the Vice-President
announces his opinion, which decides.
The Constitution, however, has directed that “ the yeas and
nays of the members of either House on any question shall, at
the desire of one-fifth of those present, be entered on the Jour
nal.’ ’ And again: That in all cases of reconsidering a bill disap
proved by the President and returned with his objections, “ the
votes of both Houses shall be determined by yeas and nays, and
the names of persons voting for and against the bill shall be
entered on the Journals of each House respectively.”
When it is proposed to take the vote by yeas and nays, the
President or Speaker states that “ the question is whether, e. g .,
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the bill shall pass—that it is proposed that the yeas and nays
shall be entered on the Journal. Those, therefore, who desire
it, will rise.” If he finds and declares that one-fifth have risen,
he then states that ‘ ‘ those who are of opinion that the bill shall
pass are to answer in the affirmative; those of the contrary
opinion in the negative. ’ ’ The Clerk then calls over the names
alphabetically, notes the yea or nay of each, and gives the list
to the President or Speaker, who declares the result. In the
Senate, if there be an equal division, the Secretary calls on the
Vice-President and notes his affirmative or negative, which
becomes the decision of the House.
N o t e . —See Senate Rule XII, clause 1.
In the House of Commons, every member must give his vote
the one way or the other (Scob.,2 4 ), as it is not permitted to any
one to withdraw who is in the House when the question is put,
nor is any one to be told in the division who was not in when
the question was put (2 Hats., 140).
N o t e . —See Senate Rule XII, clause n.
This last position is always true when the vote is by yeas and
nays; where the negative as well as affirmative of the question
is stated by the President at the same time, and the vote of both
sides begins and proceeds p a ri passu. It is true also when the
question is put in the usual way, if the negative has also been
put; but if it has not, the member entering, or any other mem
ber may speak, and even propose amendments, by which the
debate may be opened again, and the question be greatly deferred.
And as some who have answered aye may have been changed
by the new arguments, the affirmative must be put over again.
If, then, the member entering may, by speaking a few words,
occasion a repetition of a question, it would be useless to deny
it on his simple call for it.
While the House is telling, no member may speak or move
out of his place; for if any mistake be suspected, it must be told
again. Mem. in Hakew. , 26; 2 Hats., 143.
If any difficulty arises in point of order during the division,
the Speaker is to decide peremptorily, subject to the future
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censure of the House if irregular. He sometimes permits old
experienced members to assist him with their advice, which
they do sitting in their seats, covered, to avoid the appearance of
debate; but this can only be with the Speaker’s leave, else the
division might last several hours. 2 Hats., 143.
The voice of the majority decides; for the lex majoris partis
is the law of all councils, elections, etc., where not otherwise
expressly provided. Hakew., 93. But if the House be equally
divided, semperpresumaturpro negante; that is, the former law
is not to be changed but by a majority. Towns., col. 134..
But in the Senate of the United States the Vice-President
decides when the House is divided. Constitution United States,
A3When from counting the House on a division it appears that
there is not a quorum, the matter continues exactly in the state
in which it was before the division, and must be resumed at that
point on any future day. 2 Hats., 126.
1606, May 1, on a question whether a member having said
yea may afterwards sit and change his opinion, a precedent was
remembered by the Speaker, of Mr. Morris, attorney of the
wards, in 39 E liz., who in like case changed his opinion. Mem.
in Hakew., 27.
SEC. X U I.
T ITLES.
After the bill has passed, and not before, the title may be
amended, and is to be fixed by a question; and the bill is then
sent to the other House.
SE C . X L III.
R E C O N S ID E R A T IO N .
1798, January—a bill on its second reading being amended,
and on the question whether it shall be read a third time nega
tived, was restored by a decision to reconsider that question.
Here the votes of negative and reconsideration, like positive and
negative quantities in equation, destroy one another, and are as
if they were expunged from the journals. Consequently the
bill is open for amendment just so far as it was the moment
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preceding the question for the third reading; that is to say, all
parts of the bill are open for amendment except those on which
votes have been already taken in its present stage. So, also, it
may be recommitted.
N o t e .— See Senate Rule XIII.
*T h e rule permitting a reconsideration of a question affixing
to it no limitation of time or circumstance, it may be asked
whether there is no limitation? If, after the vote, the paper on
which it is passed has been parted with, there can be no recon
sideration, as if a vote has been for the passage of a bill, and
the bill has been sent to the other House. But where the paper
remains, as on a bill rejected, when, or under what circumstances,
does it cease to be susceptible of reconsideration? This remains
to be settled; unless a sense that the right of reconsideration is
a right to waste the time of the House in repeated agitations
of the same question, so that it shall never know when a ques
tion is done with, should induce them to reform this anomalous
proceeding.
N o t e .— See Senate Rule XIII.
In Parliament a question once carried can not be questioned
again at the same session, but must stand as the judgment of
the House. Towns., col. 67; Mem. in Ilakew ., 33. And a bill
once rejected, another of the same substance can not be brought
in again the same session. Hakew., 15 8 ; 6 Grey, 392. But this
does not extend to prevent putting the same question in differ
ent stages of a bill; because every stage of a bill submits the
whole and every part of it to the opinion of the House, as open
for amendment, either by insertion or omission, though the
same amendment has been accepted or rejected in a former
stage. So in reports of committees, e. g ., report of an address,
the same question is before the House, and open for free discus
sion. Towns., col. 26; 2 Hats., 98, 100, 10 1. So orders of the
House, or instructions to committees, may be discharged. So
a bill, begun in one House, and sent to the other, and there
rejected, may be renewed again in that other, passed and sent
*T h e rule now fixes a limitation.
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back. I b 92; 3 Hats., 16 1. Or if, instead of being rejected,
they read it once and lay it aside or amend it, and put it off a
month, they may order in another to the same effect, with the
same or a different title. Hakew., 97, 98.
N o t e .—See Senate Rule XXVI.
Divers expedients are used to correct the effects of this rule ;
as, by passing an explanatory act, if anything has been omitted
or ill expressed (3 Hats., 278), or an act to enforce, and make
more effectual an act, etc., or to rectify mistakes in an act, etc.,
or a committee on one bill may be instructed to receive a clause
to rectify the mistakes of another. Thus, June 24, 1685, a
clause was inserted in a bill for rectifying a mistake committed
by a clerk in engrossing a bill of supply. 2 Hats., 194., 6. Or
the session may be closed for one, two, three or more days, and a
new one commenced. But then all matters depending must be
finished, or they fall, and are to begin de novo. 2 Hats., 94., 98.
Or a part of the subject may be taken up by another bill, or
taken up in a different way. 6 Grey, 3 0 4 ,3 16 .
And in cases of the last magnitude, this rule has not been so
strictly and verbally observed as to stop indispensable proceed
ings altogether. 2 Hats., 92, 98. Thus when the address on
the preliminaries of peace in 1782 had been lost by a majority
of one, on account of the importance of the question, and small
ness of the majority, the same question in substance, though
with some words not in the first, and which might change the
opinion of some Members, was brought on again and carried,
as the motives for it were thought to outweigh the objection of
form. 2 Hats., 99, 100.
A second bill may be passed to continue an act of the same
session, or to enlarge the time limited for its execution. 2 Hats. ,
95, 98- "This is not in contradiction to the first act.
SE C . X E IV .
B IL L S S E N T TO T H E O T H E R H O U SE.
=========
A bill from the other House is sometimes ordered to lie on
the table. 2 Hats., 97.
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1 39
When bills, passed in one House and sent to the other, are
grounded on special facts requiring proof, it is usual, either by
message or at a conference, to ask the grounds and evidence;
and this evidence, whether arising out of papers, or from
the examination of witnesses, is immediately communicated.
3 Hats. , 48.
N o t e . — See Senate Rule XXV.
SEC. X L V .
A M E N D M E N T S B E T W E E N T H E H O U SES.
When either House, e. g ., the House of Commons, sends a
bill to the other, the other may pass it with amendments. The
regular progression in this case is, that the Commons disagree
to the amendment; the Lords insist on i t ; the Commons insist
on their disagreement; the Lords adhere to their amendment;
the Commons adhere to their disagreement. The term of insist
ing may be repeated as often as they choose to keep the ques
tion open. But the first adherence by either renders it necessary
for the other to recede or adhere also; when the matter is usu
ally suffered to fall. 10 Grey, 148. Latterly, however, there
are instances of their having gone to a second adherence.
There must be an absolute conclusion of the subject somewhere,
or otherwise transactions between the Houses would become
endless. 3 Hats., 268, 270. The term,of insisting, we are told
by Sir John Trevor, was then (1679) newly introduced into
parliamentary usage, by the Lords. 7 Grey, 94. It was cer
tainly a happy innovation, as it multiplies the opportunities of
trying modifications which may bring the Houses to a concur
rence. Either House, however, is free to pass over the term
of insisting, and to adhere in the first instance (10 Grey, 14 6 ),
but it is not respectful to the other. In the ordinary parlia
mentary course, there are two free conferences, at least, before
an adherence. 10 Grey, 147.
Either House may recede from its amendment and agree to
the b ill; or recede from its disagreement to the amendment,
and agree to the same absolutely, or with an amendment; for
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here the disagreement and receding destroy one another, and
the subject stands as before the disagreement. Elysnge, 23, 27;
9 Grey, 4.76.
But the House can not recede from or insist on its own amend
ment with an amendment, for the same reason that it can not
send to the other House an amendment to its own act after it
has passed the act. They may modify an amendment from the
other House by ingrafting an amendment on it, because they
have never assented to it; but they can not amend their own
amendment, because they have, on the question, passed it in that
form. 9 Grey, 3 6 3 ; 10 Grey, 240. In Senate, March 29, 1798.
Nor where one House has adhered to their amendment, and the
other agrees with an amendment, can the first House depart
from the form which they have fixed by an adherence.
In the case of a money bill, the Lords proposed amendments,
become, by delay, confessedly necessary. The Commons, how
ever, refused them, as infringing on their privilege as to money
bills; but they ofFered themselves to add to the bill a proviso to
the same effect, which had no coherence with the Lords’ amend
ments; and urged that it was an expedient warranted by prece
dent, and not unparliamentary in a case become impracticable
and irremediable in any other way. 3 Hats., 236, 266, 270, 271.
But the Lords refused, and the bill was lost. 1 Chand., 288.
A like case, / Chand., 3 1 1 . So the Commons resolved that it
is unparliamentary to strike out, at a conference, anything in a
bill which hath been agreed and passed by both Houses. 6 Grey,
274; 1 Chand., 3 12 .
A motion to amend an amendment from the other House takes
precedence of a motion to agree or disagree.
A bill originating in one House is passed by the other with an
amendment.
The originating House agrees to their amendment with an
amendment. The other may agree to their amendment with
an amendment, that being only in the second and not the third
degree; for, as to the amending House, the first amendment
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141
with which they passed the bill is a part of its text; it is the
only text they have agreed to. The amendment to that text
by the originating House, therefore, is only in the first degree,
and the amendment to that again by the amending House is
only in the second—to wit, an amendment to an amendment—
and so admissible. Just so, when, on a bill from the originating
House, the other, at its second reading, makes an amendment.
On the third reading this amendment is become the text of the
bill, and if an amendment to it be moved, an amendment to
that amendment may also be moved, as being only in the second
degree.
SE C . X L V I.
C O N FEREN CES.
It is on the occasion of amendments between the Houses that
conferences are usually asked; but they may be asked in all
cases of difference of opinion between the two Houses on mat
ters depending between them. The request of a conference,
however, must always be by the House which is possessed of
the papers, 3 Hats. , 3 1 ; 1 Grey, 423.
Conferences may be either simple or free. At a conference
simply, written reasons are prepared by the House asking it,
and they are read and delivered, without debate, to the managers
of the other House at the conference; but are not then to be
answered. 4 Grey, 14.4.. The other House then, if satisfied,
vote the reasons satisfactory, or say nothing; if not satisfied,
they resolve them not satisfactory and ask a conference on the
subject of the last conference, where they read and deliver, in
like manner, written answers to those reasons. 3 Grey, 183.
They are meant chiefly to record the justification of each House
to the nation at large, and to posterity, and in proof that the
miscarriage of a necessary measure is not imputable to them.
3 Grey, 233. At free conferences, the managers discuss, viva
voce and freely, and interchange propositions for such modifi
cations as may be made in a parliamentary way, and may bring
the sense of the two Houses together. And each party reports
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in writing to its respective House the substance of what is said
on both sides, and it is entered in its Journal, 9 Grey, 220;
3 Hats., 280. This report can not be amended or altered, as
that of a committee may be. Journal Senate, May 24., 1796.
A conference may be asked before the House asking it has
come to a resolution of disagreement, insisting or adhering.*
3 Hats., 269, 34.1. In which case the papers are not left with
the other conferees, but are brought back to be the foundation of
the vote to be given. And this is the most reasonable and
respectful proceeding; for, as was urged by the Lords on a par
ticular occasion, “ it is held vain and below the wisdom of
Parliament to reason or argue against fixed resolutions, and
upon terms of impossibility to persuade.” 3 Hats., 226. So
the Commons say, ‘ 1 an adherence is never delivered at a free
conference, which implies debate.” 10 Grey, 137. And on
another occasion the Lords made it an objection that the Com
mons had asked a free conference after they had made resolu
tions of adhering. It was then affirmed, however, on the part
of the Commons, that nothing was more parliamentary than to
proceed with free conferences after adhering (3 Hats., 269), and
we do in fact see instances of conference, or of free conference,
asked after the resolution of disagreeing (3 Hats., 2 3 1, 233, 260,
286, 291, 3 16 , 349); of insisting (ib., 280, 296, 299, 3 19 , 322,
3 3 3 ); of adhering (ib.,269, 270, 283, 300), and even of a second
or final adherence ( j Hats., 270). And in all cases of conference
asked after a vote of disagreement, etc., the conferees of the
House asking it are to leave the papers with the conferees of
the other; and in one case where they refused to receive them
* Several instances have arisen in the Senate where a conference has been
asked immediately upon the passage of a House bill with amendments, and
before the House had come to a disagreeing vote upon the Senate amend
ments. See Senate Journal, second session, Forty-second Congress, pages
851 and 1003; Senate Journal, third session, Forty-fifth Congress, page 433;
Senate Journal, first session, Forty-eighth Congress, pages 628 and 643. See
also Congressional Record, vol. 15, part 4, pages 3975 and 4100 (first ses
sion, Forty-eighth Congress), where the principle involved was discussed.
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143
they were left on the table in the conference chamber. Ib.,
27 1, 3 * 7 , 3 2 3 , 3 5 4 -: 10 G rey> H 6After a free conference, the usage is to proceed with free con
ferences, and not to return again to a conference. 3 Hats. , 270;
9 Grey, 229.
After a conference is denied, a free conference may be asked.
1 Grey, 4.5.
When a conference is asked, the subject of it must be ex
pressed, or the conference not agreed to. Ord. H. Com., 89; 1
Grey, 423; 7 Grey, 3 1 . They are sometimes asked to inquire
concerning an offense or default of a member of the other House.
6 Grey, 1 8 1 ; 1 Chand., 304. Or the failure of the other House
to present to the King a bill passed bj' both Houses. 8 Grey,
302. Or on information received, and relating to the safety of
the nation. 10 Grey, 17 1 . Or when the methods of Parliament
are thought by the one House to have been departed from by
the other, a conference is asked to come to a right understand
ing thereon. 10 Grey, 148. So when an unparliamentary mes
sage has been sent, instead of answering it they ask a conference.
3 Grey, 133. Formerly an address or articles of impeachment,
or a bill with amendments, or a vote of the House, or concur
rence in a vote, or a message from the King, were sometimes
communicated by way of conference. 6 Grey, 128, 300, 3 8 7 ;
7 Grey, 80; 8 Grey, 210, 233; 1 Torbuck's Deb., 278; 10 Grey,
293; 1 Chan., 49, 287. But this is not the modern practice. 8
Grey, 255.
A conference has been asked after the first reading of a bill.
/ Grey, 194. This is a singular instance.
N o t e . —See Senate Rule X X V II.
M ESSA G ES.
Messages between the Houses are to be sent only while both
Houses are sitting. 3 Hats., 13 . They are received during a
debate without adjourning the debate. 3 Hats., 22.
I11 the Senate the messengers are introduced in any state of
business, except ( 1 ) while a question is being put; (2) while the
Index Senators
SE C . X L V II.
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yeas and nays are being called; (3) while the ballots are being
counted. The first case is short; the second and third are cases
where any interruption might occasion errors difficult to be cor
rected. So arranged June 15, 1798.
N o t e . — See Senate Rule X X V III.
In the House of Representatives, as in Parliament, if the
House be in committee when a messenger attends, the Speaker
takes the chair to receive the message, and then quits it to
return into committee, without any question or interruption.
4 Grey, 226.
Messengers are not saluted by the members, but by the
Speaker for the House. 2 Grey, 253, 274.
If messengers commit an error in delivering their message,
they may be admitted or called in to correct their message.
4 Grey, 41. Accordingly, March 13, 1800, the Senate having
made two amendments to a bill from the House of Representa
tives, their Secretary, by mistake, delivered one only; which,
being inadmissible by itself, that House disagreed, and notified
the Senate of their disagreement. This produced a discover}’ of
the mistake. The Secretary was sent to the other House to
correct his mistake, the correction was received, and the two
amendments acted on de novo.
As soon as the messenger who has brought bills from the
other House has retired, the Speaker holds the bills in his hand
and acquaints the House that ‘ ‘ the other House have by their
messenger sent certain bills,” and then reads their titles and
delivers them to the Clerk, to be safely kept till they shall be
called for to be read. Hakew., iy8.
It is not the usage for one House to inform the other by what
numbers a bill is passed. 10 Grey, 130. Yet they have some
times recommended a bill, as of great importance, to the consid
eration of the House to which it is sent. 3 Hats., 23. Nor
when they have rejected a bill from the other House do they
give notice of it; but it passes sub silentio, to prevent unbecom
ing altercations. 1 B lackst., 183.
V
V
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145
But in Congress the rejection is notified by message to the
House in which the bill originated.
A question is never asked by the one House of the other by
way of message, but only at a conference; for this is an inter
rogatory, not a message. 3 Grey, 1 3 1 , 18 1.
When a bill is sent by one House to the other and is neglected,
they may send.a message to remind them of it. 3 Hats., 2 5 ;
5 Grey, 154.. But if it be mere inattention it is better to have
it done informally by communications between the Speakers or
members of the two Houses.
Where the subject of a message is of a nature that it can
properly be communicated to both Houses of Parliament, it is
expected that this communication should be made to both on
the same day. But where a message was accompanied with an
original declaration, signed by the party to which the message
referred, its being sent to one House was not noticed by the
other, because the declaration, being original, could not possibly
be sent to both Houses at the same time. 2 Hats., 260, 2 6 1,
262.
The King having sent original letters to the Commons, after
wards desires they may be returned, that he may communicate
them to the Lords. 1 Chan., 303.
SE C . X L V III.
ASSEN T.
The House which has received a bill and passed it may pre
sent it for the K in g’s assent, and ought to do it, though they
have not by message notified to the other their passage of it.
Yet the notifying by message is a form which ought to be
observed between the two Houses from motives of respect and
good understanding. 2 Hats., 242. Were the bill to be with
held from being presented to the King, it would be an infringe
ment of the rules of Parliament. Ib.
When a bill has passed both Houses of Congress, the House
last acting on it notifies its passage to the other, and delivers
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146
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the bill to the Joint Committee of Enrollment, who see that it
is truly enrolled in parchment. When the bill is enrolled, it is
not to be written in paragraphs, but solidly, and all of a piece,
that the blanks between the paragraphs may not give room
for forgery. 9 Grey, 14.3. It is then put into the hands of
the Clerk of the House of Representatives to have it signed by
the Speaker. The Clerk then brings it by way of message to the
Senate to be signed by their President. The Secretary of the
Senate returns it to the Committee of Enrollment, who present
it to the President of the United States. If he approve, he
signs, and deposits it among the rolls in the office of the Secre
tary of State, and notifies by message the House in which it
originated that he has approved and signed it; of which that
House informs the other by message. If the President disap
proves, he is to return it, with his objections, to that House in
which it shall have originated; who are to enter the objections
at large on their journal, and proceed 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 President’s
objections to the other House, by which it shall likewise be
reconsidered; and if approved by two-thirds of that House, it
shall become a law. If any bill shall not be returned by the
President within ten days (Sundays excepted) after it shall have
been presented to him, the same shall be a law, in like manner
as if he had signed it, unless the Congress, by their adjourn
ment, prevent its return; in which case it shall not be a law.
Constitution, /, 7.
Every order, resolution, or vote to which the concurrence of
the Senate and House of Representatives may be necessary (ex
cept on a question of adjournment), shall be presented to the
President of the United States, and, before the same shall take
effect, shall be approved by him; or, being disapproved by him,
shall be repassed by two-thirds of the Senate and House of Rep
resentatives, according to the rules and limitations prescribed in
the case of a bill. Constitution, /, 7.
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S E C . X L ,IX .
147
JO U R N A L S .
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. Constitution, /, 3.
N o t e . —See Senate Rule IV.
If a question is interrupted by a vote to adjourn, or to pro
ceed to the orders of the day, the original question is never
printed in the journal, it never having been a vote, nor intro
ductory to any vote; but when suppressed by the previous ques
tion, the first question must be stated, in order to introduce and
make intelligible the second. 2 Hats., 83.
So, also, when a question is postponed, adjourned, or laid on
the table, the original question, though not yet a vote, must be
expressed in the journals, because it makes part of the vote of
postponement, adjournment, or laying it on the table.
Where amendments are made to a question, those amendments
are not printed in the journals, separated from the question; but
only the question as finally agreed to by the House. The rule
of entering in the journals only what the House has agreed to,
is founded in great prudence and good sense, as there may be
many questions proposed which it may be improper to publish
to the world in the form in which they are made. 2 Hats., 83.
In both Houses of Congress all questions whereon the yeas
and nays are desired by one-fifth of the members present,
whether decided affirmatively or negatively, must be entered in
the journals. Constitution, I, 3.
The first order for printing the votes of the House of Com
mons was October 30, 1685. 1 Chandler, 387.
Some judges have been of opinion that the journals of the
House of Commons are no records, but only remembrances.
But this is not law. Hob., n o , i n ; L e x Pari., 114., 1 1 3 ,
Jour. H. C. , Mar. 17 ,15 9 2 ; Hale, Pari., 103. For the Lords, in
their House, have power of judicature, the Commons, in their
House, have power of judicature, and both Houses together have
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power of judicature; and the book of the clerk of the House of
Commons is a record, as is affirmed by act of Parliament (6 H . 8,
c. 16 ; 4 Inst., 23, 24), and every member of the House of Com
mons hath a judicial place. 4 Inst., 15 . As records they are
open to every person, and a printed vote of either House is suf
ficient ground for the other to notice it. Either may appoint a
committee to inspect the journals of the other and report what
has been done by the other in any particular case. 2 Hats.,
2 6 1; 3 Hats., 27-30. Every member has a right to see the
journals and to take and publish votes from them. Being a
record, everyone may see and publish them. 6 Grey, 118 , u p .
On information of a mis-entry or omission of an entry in the
journal, a committee may be appointed to examine and rectify
it, and report it to the House. 2 Hats., ip4, ip j.
N o t e .— See Senate Rule III.
SE C . L .
A D JO U R N M E N T .
The two Houses of Parliament have the sole, separate, and
independent power of adjourning each their respective Houses.
The King has no authority to adjourn them; he can only sig
nify his desire, and it is in the wisdom and prudence of either
House to comply with his requisition, or not, as they see fitting.
2 H ats., 2 3 2 ; 1 Blackst
., 18 6 ;
5
Grey, 12 2 .
By the Constitution of the United States, a smaller number
than a majority may adjourn from day to day. Constitution, 1 ,3 .
But “ neither House, during the session of Congress, shall,
without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two Houses
shall be sitting.” Constitution, I, 5. And in case of disagree
ment between them, with respect to the time of adjournment,
the President may adjourn them to such time as he shall think
proper. Constitution, II, 3 .
A motion to adjourn simply can not be amended, as by add
ing “ to a particular day; ” but must be put simply “ that this
House do now adjourn; ” and if carried in the affirmative, it is
adjourned to the next sitting day, unless it has come to a pre
Jefferson's Manual.
149
vious resolution ‘ ‘ that at its rising it will adjourn to a particular
day, ’ ’ and then the House is adjourned to that day. 2 Hats., 82.
Where it is convenient that the business of the House be
suspended for a short time, as for a conference presently to be
held, etc., it adjourns during pleasure; 2 Hats., 3 0 5 ; or for a
quarter of an hour. 3 G rey.,3 3 1 .
If a question be put for adjournment, it is no adjournment till
the Speaker pronounces it. 3 G rey., 137 . And from courtesy
and respect, no member leaves his place till the Speaker has
passed on.
SEC.
hi.
A S E S S IO N .
Parliament have three modes of separation, to wit, by adjourn
ment, by prorogation or dissolution by the King, or by the efflux
of the term for which they were elected. Prorogation or disso
lution constitutes there what is called a session, provided some
act was passed. In this case all matters depending before them
are discontinued, and at their next meeting are to be taken up
de novo, if taken up at all. 1 Blackst., 186. Adjournment,
which is by themselves, is no more than a continuance of the
session from one day to another, or for a fortnight, a month, etc.,
ad libitum. A ll matters depending remain in statu quo, and
when they meet again, be the term ever so distant, are resumed,
without any fresh commencement, at the point at which they
were left. 1 Lev., 16 3 ; L . Pari., c. 2 ; 1 Ro. Rep., 29; 4 hist.,
7, 27, 28; Hutt., 6 1; 1 Mod., 232; Ruffh. Ja c., L . D id. Parlia
ment; 1 Blackst., 186. Their whole session is considered in law
but as one day, and has relation to the first day thereof. Bro.
Abr. Parliament, 86.
N o t e .— See Senate Rule X X X II.
Committees may be appointed to sit during a recess by ad
journment, but not by prorogation. 3 Grey, 3 7 4 ; 9 Grey, 330 ;
1 Chand. , 30. Neither House can continue any portion of itself
in any parliamentary function beyond the end of the session
without the consent of the other two branches. When done, it
1 50
Jefferson's Manual.
is by a bill constituting them commissioners for the particular
purpose.
Congress separate in two ways only, to wit, by adjournment,
or dissolution by the efflux of their time. What, then, consti
tutes a session with them? A dissolution certainly closes one
session, and the meeting of the new Congress begins another.
The Constitution authorizes the President “ on extraordinary
occasions, to convene both Houses, or either of them.’ ’ Con
stitution, I, 3. If convened by the President’s proclamation,
,
this must begin a new session, and of course determine the pre
ceding one to have been a session. So if it meets under the
clause of the Constitution, which says, “ the Congress shall
assemble at least once in every year, and such meeting shall be
on the first Monday in December, unless they shall by lawT
appoint a different d a y ” Constitution (/,
this must begin
a new session; for even if the last adjournment was to this
day, the act of adjournment is merged in the higher authority
of the Constitution, and the meeting will be under that, and
not under their adjournment. So far we have fixed landmarks
for determining sessions. In other cases it is declared by the
joint vote authorizing the President of the Senate and the
Speaker to close the session on a fixed day, which is usually in
the following form : ‘ ‘ Resolved by the Senate and House of
Representatives, That the President of the Senate and the
Speaker of the House of Representatives be authorized to close
the present session by adjourning their respective Houses on
th e ----- day o f -------.”
When it was said above that all matters depending before
Parliament were discontinued by the determination of the ses
sion, it was not meant for judiciary cases depending before the
House of Lords, such as impeachments, appeals, and writs of
error. These stand continued, of course, to the next session.
Raym., 12 0 , 3 8 1 ; Ruffh. Ja c ., L . D. Parliament.
Impeachments stand, in like manner, continued before the
Senate of the United States.
Jefferson 's Man ual.
SE C . L II.
1 51
T R E A T IE S .
The President of the United States has power, by and with
the advice and consent of the Senate, to make treaties, provided
two-thirds of the Senators present concur. Constitution, I I , 2.
... —
Treaties are legislative acts. A treaty is the law of the land.
It differs from other laws only as it must have the consent of a
foreign nation, being but a contract with respect to that nation.
I11 all countries, I believe, except England, treaties are made
by the legislative power; and there, also, if the)’ touch the laws
of the land, they must be approved by Parliament. Ware v.
Hylton, 3 Dallas's Rep. , 223. It is acknowledged, for instance,
that the King of Great Britain can not by a treaty make a citizen
of an alien. Vattel, b. 1 , c. 19, sec. 214.. An act of Parliament
was necessary to validate the American treaty of 1783. And
abundant examples of such acts can be cited. In the case of
the treaty of Utrecht, in 1712, the commercial articles required
the concurrence of Parliament; but a bill brought in for that
purpose was rejected. France, the other contracting party,
suffered these articles, in practice, to be not insisted on, and
adhered to the rest of the treaty. 4 Russel's Hist. Mod. Europe,
£57/ 2 Smollet, 24.2, 246.
By the Constitution of the United States this department of
legislation is confined to two branches only of the ordinary
legislature—the President originating and the Senate having
a negative. To what subjects this power extends has not been
defined in’ detail by the Constitution; nor are we entirely agreed
among ourselves. 1. It is admitted that it must concern the
foreign-nation party to the contract, or it would be a mere nulity, res inter alias acta.
2. By the general power to make
treaties, the Constitution must have intended to comprehend
only those subjects which are usually regulated by treaty, and
can not be otherwise regulated. 3. It must have meant to
except out of these the rights reserved to the States, for surely
................
N o t e .— See Senate Rule X X X V I, clause 3; Rule X X X V II, clause 3.
Jefferson's Manual.
the President and Senate can not do by treaty what the whole
Government is interdicted from doing in any way. 4. And
also to except those subjects of legislation in which it gave
a participation to the House of Representatives. This last ex
ception is denied by some on the ground that it would leave
very little matter for the treaty power to work on. The less
the better, say others. The Constitution thought it wise to
restrain the Executive and Senate from entangling and embroil
ing our affairs with those of Europe. Besides, as the negotia
tions are carried on by the Executive alone, the subjecting to
the ratification of the Representatives such articles as are
within their participation is no more inconvenient than to the
Senate. But the ground of this exception is denied as un
founded. For examine, e. g ., the treaty of commerce with
France, and it will be found that, out of thirty-one articles, there
are not more than small portions of two or three of them which
would not still remain as subjects of treaties, untouched by
these exceptions.
Treaties being declared, equally with the laws of the United
States, to be the supreme law of the land, it is understood that
an act of the legislature alone can declare them infringed and
rescinded. This was accordingly the process adopted in the
case of France in 1798.
It has been the usage for the Executive, when it commu
nicates a treaty to the Senate for their ratification, to com
municate also the correspondence of the negotiators. This
having been omitted in the case of the Prussian treaty, was
asked by a vote of the House of February 12, 1800, and was
obtained. And in December, 1800, the convention of that year
between the United States and France, with the report of the
negotiations by the envoys, but not their instructions, being
laid before the Senate, the instructions were asked for and
communicated by the President.
The mode of voting on questions of ratification is by nominal
call.
N o t e — See Senate Rule X X X V II.
m
i
Jefferson’s Manual.
SEC. E III.
153
IM P E A C H M E N T .
The House of Representatives shall have the sole power of
impeachment. Constitution, /, 3.
The Senate shall have the sole power to try all impeachments.
When sitting for that purpose, they shall be on oath or affir
mation. When the President of the United States is tried, the
Chief Justice shall preside; and no person shall be convicted
without the concurrence of two-thirds of the members present.
Judgment in cases of impeachment shall not extend further than
to removal from office and disqualification to hold and enjoy any
office of honor, trust, or profit under the United States. But
the party convicted shall, nevertheless, be liable and subject to
indictment, trial, judgment, and punishment according to law.
Constitutio?i, /, 3.
The President, Vice-President, and all civil officers of the United
States shall be removed from office on impeachment for, and
conviction of, treason, bribery, or other high crimes and misde
meanors. Constitution, II, 4.
The trial of crimes, except in cases of impeachment, shall be
by jury. Constitution, III, 2.
These are the provisions of the Constitution of the United
States on the subject of impeachments. The following is a
sketch of some of the principles and practices of England on the
same subject:
Jurisdiction. The Lords can not impeach any to themselves,
nor join in the accusation, because they are the judges. Seld.
Judic. in Pari., 12 , 63. Nor can they proceed against a com
moner but 011 complaint of the Commons. Ib ., 84. The Lords
may not, by the law, try a commoner for a capital offense, on
the information of the King or a private person, because the
accused is entitled to a trial by his peers generally; but on accu
sation by the House of Commons, they may proceed against the
delinquent, of whatsoever degree, and whatsoever be the nature
of the offense; for there they do not assume to themselves trial
at common law. The Commons are then instead of a jury, and
154
Jefferson’s Manual.
the judgment is given on their demand, which is instead of a
verdict. So the Lords do only judge, but not try the delinquent.
Ib ., 6, 7. But Wooddeson denies that a commoner can now be
charged capitally before the Lords, even by the Commons; and
cites Fitzharris’s case, 1681, impeached of high treason, where
the Lords remitted the prosecution to the inferior court. 8
Grey's Deb., 3 2 3 -7 ; 2 Wooddeson,576, 6 0 1; 3 Seld., 1604, 16 10 ,
16 18 ,16 19 ,16 4 .1; 4 Blackst., 23; 9 Seld., 1636; 73 Seld., 1604-18.
Accusation. The Commons, as the grand inquest of the
nation, become suitors for penal justice. 2 Wood.,39 7; 6 Grey,
336. The general course is to pass a resolution containing a
criminal charge against the supposed delinquent, and then to
direct some member to impeach him by oral accusation, at the
bar of the House of Lords, in the name of the Commons. The
person signifies that the articles will be exhibited, and desires
that the delinquent may be sequestered from his seat, or be com
mitted, or that the peers will take order for his appearance.
Sachev. Trial, 3 2 3 ; 2 Wood., 602, 603; Lords' Jo u r n .,3 June,
17 0 1; 1 Wms., 6 16 ; 6 Grey, 324.
Process. If the party do not appear, proclamations are to be
issued giving him a day to appear. On their return they are
strictly examined. If any error be found in them, a new proc
lamation issues, giving a short day. If he appear not, his goods
may be arrested, and they may proceed. Seld. Ju d ., 98, 99.
Articles. The accusation (articles) of the Commons is substi
tuted in place of an indictment. Thus, by the usage of Parlia
ment, in impeachment for writing or speaking, the particular
words need not be specified. Sack. T r., 3 2 3 ; 2 Wood., 602, 603;
Lords' Jo u rn ., 3 June, 17 0 1; 1 Wms., 616.
Appearance. If he appear, and the case be capital, he answers
in custody; though not if the accusation be general. He is not
to be committed but on special accusations. If it be for a mis
demeanor only, he answers, a lord in his place, a commoner at
the bar, and not in custody, unless, on the answer, the Lords
find cause to commit him till he finds sureties to attend and
Jefferson's Manual.
155
lest he should fly. Seld. Jtid ., p8, pp. A copy of the articles
is given him and a day fixed for his answer. T. R a y. ; 1 Rushw.,
268; Post., 232; 1 Clar. Hist, of the Reb., jy p . On a misde
meanor his appearance may be in person or he may answer in
writing, or by attorney. Seld. J u d ., 100. The general rule on
accusation for a misdemeanor is that in such a state of liberty
or restraint as the party is when the Commons complain of him,
in such he is to answer. Ib ., 10 1. If previously committed by
the Commons he answers as a prisoner. But this may be called
in some sort judicium paiium suorum. Ib. In misdemeanors
the party has a right to counsel by the common law, but not in
capital cases. S e ld .Ju d ., 10 2,10 5.
Answer. The answer need not observe great strictness of
form. He may plead guilty as to part and defend as to the
residue; or, saving all exceptions, deny the whole, or give a par
ticular answer to each article separately. 1 Rush., 274.; 2 Rush.,
1:374; 1 2 Pari. Hist., 442; 3 Lords' Jo u rn ., 13 Nov., 16 43; 2
Wood., 607. But he can not plead a pardon in bar to the im
peachment. 2 Wood., 6 15 ; 2 St. T r., 735.
Replication, rejoinder, etc. There may be a replication, re
joinder, etc. S eld .Ju d ., 1 1 4 ; 8 Grey's Deb., 233; Sach. Tr., 15 ;
Journ. House o f Commons, 6 March, 1640-41.
Witnesses. The practice is to swear the witnesses in open
House, and then examine them there; or a committee may be
named who shall examine them in committee, either on inter
rogatories agreed on in the House or such as the committee in
their discretion shall demand. Seld. Ju d ., 120, 12 3 .
Jury. In the case of Alice Pierce (/ R . , 2), a jury was impan
eled for her trial before a committee. Seld. Ju d ., 12 3 . But
this was on a complaint, not on impeachment by the Commons.
S e ld .Ju d ., 163. It must also have been for a misdemeanor only,
as the Rords spiritual sat in the case, which they do on mis
demeanors, but not in capital cases. Id., 148. The judgment
was a forfeiture of all her lands and goods. Id ., 188. This,
Selden says, is the only jury he finds recorded in Parliament for
156
Jefferson's Manual,
misdemeanors; but he makes no doubt, if the delinquent doth
put himself on the trial of his country, a jury ought to be im
paneled, and he adds that it is not so on impeachment by the
Commons; for they are in loco proprio, and there no jury ought
to be impaneled. Id., 124.. The Ld. Berkeley {6
was
arraigned for the murder of L. 2, on an information on the part
of the King, and not on impeachment of the Commons; for then
they had been patria sua. He waived his peerage, and was
tried by a jury of Gloucestershire and Warwickshire. Id ., 126.
In 1 H . 7, the Commons protest that they are not to be consid
ered as parties to any judgment given, or hereafter to be given,
in Parliament. Id., 13 3 . They have been generally and more
justly considered, as is before stated, as the grand jury; for the
conceit of Selden is certainly not accurate, that they are the
patria sua of the accused, and that the Cords do only judge, but
not try. It is undeniable that they do try; for they examine
witnesses as to the facts, and acquit or condemn, according to
their own belief of them. And Lord Hale says, “ the peers are
judges of law as well as of fact” (2 Hale, P. C ., 275) conse
quently of fact as well as of law.
Presence of Commons. The Commons are to be present at
the examination of witnesses. Seld. Ju d ., 124.. Indeed, they
are to attend throughout, either as a committee of the whole
House, or otherwise, at discretion, appoint managers to conduct
the proofs. Rushw. Tr. of Straff., 3 7 ; Com. Journ., 4 Feb.,
.
17 0 9 -10 ; 2 Wood., 614. And judgment is not to be given till
they demand it. Seld. Ju d ., 124.
But they are not to be
present on impeachment when the Lords consider of the answer
or proofs and determine of their judgment. Their presence,
however, is necessary at the answer and judgment in cases cap
ital {Id. 38, 138 ) as well as not capital, 162. The Lords debate
the judgment among themselves. Then the vote is first taken
on the question of guilty or not guilty; and if they convict, the
question, or particular sentence, is out of that which seemeth to
be most generally agreed on. Seld. J u d ., 16 7 ; 2 Wood., 612.
Jefferson's Manual.
157
Judgment. Judgments in Parliament, for death, have been
strictly guided p er legem terrcz, which the}7 can not alter; and
not at all according to their discretion. They can neither omit
any part of the legal judgment, nor add to it. Their sentence
must be secundum, non ultra legem. Seld. Ju d ., 168, 17 1 .
This trial, though it varies in external ceremony, yet differs not
in essentials from criminal prosecutions before inferior courts.
The same rules of evidence, the same legal notions of crimes
and punishments, prevailed; for impeachments are not framed
to alter the law, but to carry it into more effectual execution
against too powerful delinquents. The judgment, therefore, is
to be such as is warranted by legal principles or precedents. 6
Sta. T r., 14.; 2 Wood., 6 11. The Chancellor gives judgment in
misdemeanors; the Lord High Steward formerly in cases of life
and death. Seld. J u d ., 180. But now the Steward is deemed
not necessary. Post., 14 4 ; 2 Wood., 613. In misdemeanors
the greatest corporal punishment hath been imprisonment.
Seld. Ju d ., 184. The K in g’s assent is necessary in capital judg
ments (but 2 Wood., 614, contra), but not in misdemeanors.
Seld. Ju d ., 136.
Continuance. An impeachment is not discontinued by the
dissolution of Parliament, but maybe resumed by the new Par
liament. T. Ray., 3 8 3; 4 Com. Journ., 23 Dec., 1790; Lords'
Journ., M ay 13 , 17 9 1; 2 Wood., 618.
INDEX TO JEFFERSON’S MANUAL.
A.
Page.
Absence not allowed without leave..........................................................
provision in cases o f.....................................................................
Accusation. Common fame a good ground to proceed by inquiry,
and even b y ...............................................................................................
Address, how presented............................................................
Adhere, question discussed........................................................................
effect of a vote t o ..........................................................................
question shall be: ist, to agree; 2d, to disagree; 3d, to
recede; 4th, to insist; 5th, to adhere...................................
one House adhering, the other must recede or also..............
where both Houses adhere the matter must fa ll.................. .
there are instances of having gone to a second adherence..
the form fixed by adherence can not be departed from by
the House which adheres........................................................
should be two conferences before vote to................................
Adjournment, motion for, can not be amended....................................
rules and regulations in respect to ................................
a question is removed b y .................................................
of the session, all unfinished business falls..................
of the session, modes and manner discussed..............
to be declared by the Speaker.......................................
for more than three days, to be by concurrent
votes.........................
provision for disagreement respecting..........................
effect of, on business depending...................................
must be announced by the Chair..................................
Amendment to bills. (See also B ills).......................................... ...........
proceedings in relation to and order of pro
posing.....................................................................
how to be reported.................................................
fall on recommitment.. ; .......................................
on reading of amendments to b ills.....................
in the third degree not admissible.....................
discussion of the nature and coherence o f........
159
85
85
90
86
129
129
129
139
139
139
139
P39
148
148-149
128
138,149
148-149
149
148
148
149
149
148
105
107
109
108
117
122-125
160
Index to Jefferson's M anual.
Page.
Amendment to bills, the House can not recede from or insist on
its own amendment with amendment...........
140
Speaker can not refuse to receive, because
inconsistent..........................................................
122
Amendment, may totally change the subject........................................
122
if House refuse to strike out a paragraph, it can not
be amended.......................................................................
I23
if an amendment be agreed to it can not be after
ward amended...................................................................
12 3
a new bill may be ingrafted on another.........................
122
mode of proceeding on amendments between the
Houses................................................................................
*39
a motion to amend an amendment of the other House
takes precedence of a motion to agree or disagree..
140
an amendment of one House to a bill of the other
becomes the text of the bill, and may be amended
in the second degree.............................
i 4°
on amendments between the Houses, question is:
1st, to agree; 2d, disagree; 3d, recede; 4th, insist;
5th, adhere........................................................................
129
made in Committee of the Whole falls b y a refer
ence............................................... *....................................
io 9
proposed, inconsistent with one adopted, may be
p ut...............
122
may be amended prior to adoption, but not after. . . .
123
(proposed) by striking out, and lost, the paragraph
proposed to be stricken out can not be am ended..
123
not identical or equivalent to one lost may be pro
posed....................................................................................
I23
b y insertion, how far liable to further amendment 12 2 ,12 3 ,12 4
Apportionment of Representatives, table of, from 1787 to 1910. . . .
82
Appropriation may be made by resolution............................................
102
Arrest, discussion of privilege from..........................................................
73
terminates w'ith the session..........................................................
100
96,97
Assault and affrays in the House, how settled......................................
Assent to bills by the Executive, regulations respecting...................
145
Ayes and noes, how questions are determined b y ................................ 132-134
no member to vote if not present.................................
135
B.
Bills, engrossed, must not be looked into..............................................
mistakes not to be corrected without the knowledge of the
committee......................................
94
93
Page.
93,94
102
102,103
109
108
103
122-125
109
103
128
i n , 131
122
125
1 3 1 , 132
131
131
131
106
132
100
102
102
102
103, n o
104
103
104
104
139, 140
143
144
145
145
146
140
no, i n
140
140
Index Senators
Bills, not to be taken away or concealed..............................................
to be fairly written, or Speaker may refuse them...................
introduction, reading, and commitment....................................
amendments fall if recommitted..................................................
a particular clause may be recommitted....................................
can not be amended on the first reading....................................
amendments, how proceeded w ith ..............................................
amendments fall if recommitted..................................................
proceedings on second reading.....................................................
if second reading refused, the bill is rejected...........................
time for attacking or opposing......................................................
one bill may be ingrafted on another.........................................
one House may pass with blanks and be fdled in the other. ..
on third reading, forms observed.......................................... 130,
on third reading, may be committed for certain action........
on third reading, amended by riders..........................................
on third reading, blanks fdled......................................................
preamble to be last considered.....................................................
can not be altered after passage....................................................
at the close of session no new bill, unless sent from the other
House, to be brought in ..............................................................
to receive three readings, etc........................................................
how brought in on notice and leave............................................
forms in introducing.........................................................................
proceedings on second reading.....................................................
how and to whom committed........................................................
shall be read twice before commitment......................................
not to be referred to avowed opponents.....................................
referred, may be delivered to any of the committee..............
amendments between the Houses, mode of proceeding.........
by whom to be taken from House to House.......................... ...
may be specially commended to notice of the other House. .
if one House neglects a bill, the other may remind of it .......
how to be enrolled, signed, and presented to the President. .
not to be enrolled in paragraphs, but solid ly............................
amendments to, can not be receded from or insisted on by
~ the amending House with a further amendment.................
dangerous practice of passing bills before being engrossed. . .
amendments to amendments between the Houses, how far
admissible......................................... •.............................................
amendment to an amendment of the other House takes
precedence of a motion to agree or disagree...........................
80281°—15---- 11
162
Index to Jefferson's M an u al.
Bills, proceedings upon, in Committee of the Whole, e tc .................
titles, when m ade.............................................................................
reconsideration, when and how the question may be moved.
reconsideration, at what time to be moved...............................
reconsideration, effect of a vote for..............................................
either House may recede from its amendment and agree to
the b ill.............................................................................................
originating in one House, rejected in the other, may be re
newed in the rejecting House....................................................
expedients for remedying omissions i n .......................................
mode of proceeding when founded on facts requiring ex
planation............................................... ..........................................
effect of a vote to insist or adhere................................................
conferences must be asked by the House possessed of the
papers...............................................................................................
papers relating to, to be left with the conferees of the House
granting the conference...............................................................
report to be made first in the House granting the conference.
report can not be amended or altered as the report of a com
mittee m ay b e ................................................................................
can not strike out at a conference anything in a bill which
has been agreed to by the two Houses....................................
proceedings when disapproved.....................................................
not returned in ten days to be laws, unless an adjournment
intervene.........................................................................................
Blanks, longest time, largest sum, first put................................... 118.
bills may be passed with, and be filled in other H ouse....
may be filled in engrossed b ills.............. : ................................
construction of the rule for fillin g............................................
Breach of privilege, mode of proceeding on charge o f..........................
case of the editor of the Aurora.............................
Bribery (Randall and W hitney’s case), breach of privilege..............
Business, order of, in Senate.....................................................................
a settled order in its arrangement u sefu l.............................
C.
Call of the House, proceedings in case o f................................................
Challenge, breach of p rivilege...................................................................
Chairman of a committee is usually the first person nam ed............
of Committee of the Whole may be elected.......................
Index to Jefferson's Manual.
Page.
Change of vote, right to...............................................................
Clerk puts questions before election of Speaker...................................
85
to read standing.................................................................................
no
numbers the sections.............................................................................
125
may correct his errors in delivering messages............................
144
Committees can not inquire concerning their members............................
87
must not sit when House is in session..............................
88
the person first named may act as chairman, but they
may elect a chairman................... ....................................
87
manner of appointing the members and control over
them by the House..................................................................
103
manner of proceeding in .......................................................
104
can not erase, interline, or blot a b ill...............................
106
can not reconsider or alter their own votes....................
106
how they report amendments...................................................
106
may be appointed to sit in the recess after adjourn
ment ............................................................................................
149
can not receive a petition except through the H ouse..
87
a member elect, though not returned, maybe appointed
on (in Parliament)................................................
standing........................................................................
forms and proceedings in ...................................................... 87, 104
joint, how they a c t.......................................................................
88
when notified that the House is sitting they are bound
to attend................................................................................
88
who shall compose........................................................................
103
how appointed...............................................................................
87
time and place of meeting, when and where they
please..................................................................................
104
should not be unfriendly to a subject referred to them. .
104
when a member is hostile to a measure referred to the
committee, he should ask to be excused...........................
104
the child should not be put to a nurse that cares not
for i t .......................................................................................
104
majority of, to constitute a quorum...................................
104
they must act together and not by separate consulta
tions.............................................................................................
104
members of the House may be present at their sittings..
104
their power over a b ill................................................................
105
manner of reporting from a committee...................................
107
have entire control of a report recommitted.........................
107
dissolved by a report...................................................................
107
I
136
77
87
164
Index to Jefferson’s M anual.
Page.
Committees may be revived by a vote....................................................
may be discharged from instructions................................
when they may sit during recess.......................................
effect of a reference to, when a bill has been amended
in Committee of the Whole.............................................
Committee of the Whole, great matters usually referred to..................
may elect their chairman..............................
Speaker may resume chair if great dis
order................................................................
manner of doing business in, in Senate . . .
proceedings in ............................................. 87,
broken up in disorder.....................................
can not adjourn................................................
report proceedings...........................................
a bill amended in quasi Committee of the
Whole, may be referred to a special
committee.....................................................
in which case the amendments made to
it fall...............................................................
particulars which attach to...........................
Common fame a ground for proceeding...................................................
Conferences, free, to have two, before vote to adhere.........................
must be asked by the House possessed of the papers..
ran not alter anything on which the Houses have
agreed...................................................................................
discussion of the nature and occasion o f................. 141,
report of, can not be amended or altered.......................
papers left with conferees of House granting.................
when, by which House, and what stages to be asked..
Coexisting questions discussed...................................................................
Counsel may be heard on private bills and law points as the House
directs.......................................................................
Count of the House may be called. (See Division of House) ...........
Covered, when members are not to b e ....................................................
107
137
149
109
88
88
.89
108,109
104-106
89
89
89
109
109
109
90
139
141
140
142, 143
142
142
141, 142
127
91
84
99
D.
Debate, no one to speak impertinently, superfluously, or tediously..
not cut off till both sides of the question be p ut..................
forms and proprieties to be observed in ..................................
95
129
94,99
In d e x to Je ffe r s o n ’s M a n u a l.
16 5
Page.
Debate, the Speaker not allowed to engage in, except on points
of order.........................................................................................
95
if he rise to speak he must be first heard.................................
95
the Speaker may call a member by name for persistent
violations of order i n ................................................................
96
indecent language against the proceedings of the House
not to be used i n ........................................................................
95
reviling, nipping, or unmannerly words against a mem
ber not to be used in ............................ ................................ ..
96
a member may speak at every reading of a b ill....................
95
where warm words or an assault has passed between mem
bers they may be required to declare in their places not
to prosecute the qu;irrel...........................................................
96
proceedings of the House not to be censured.........................
95
a member not to be called by his name in .............................
95
personalities to be prohibited.....................................................
96
96
motives not to be arraigned........................................................
violation of order in, to be suppressed by the Speaker.......
96
disorderly words not to be noticed until the member has
finished.........................................................................................
97
disorderly words to be taken down im m ediately..................
97
proceedings of the other House not to be noticed in ............
98
speeches or votes in one House on the same subject not
to be noticed in the other........................................................
98
the Speaker to interfere promptly to arrest disrespectful
language toward the other House..........................................
98
where the private interests of a member are concerned in
a question, he is to withdraw.................................................
98
Decorum. (See Debate)..............................................................................
94-99
Defamatory publications breach of p rivileg e..........................................
75
Disorder in Committee of the Whole, Speaker to resume chair if
great...........................................
89
members creating, proceed
ings in cases o f ...................... 95, 96, 97
Disorderly words, how and when taken down.......................................
97
Division of the House, practice in ascertaining..................................... 132-136
Division of questions, discussed................................................................. 126, 127
Doors, rule respecting their being closed...............................................
99
should not be shut, but be kept by persons appointed........
99
Duel, challenge to, breach of privilege...................................................
75
A
I
1 66
Index to Jefferson's M an ual.
E.
Elections, time, place, and manner of holding.....................................
of members to be judged by each House............................
Engrossed bills not to be looked into while in Speaker’s hands........
Errors in a bill can not be corrected in Committee of the Whole
without order of the committee...............................................
may be corrected by a clause in another bill, or by a new
b ill...................................................................................................
Secretary may correct an error in delivering a message........
Equivalent questions discussed..................................................................
Execution of subsisting order:
A member has a right to insist on th e............................................
No debate or delay shall be had on the.........................................
Page.
80
80
94
93
138
144
128
99
99
F.
Felony, mode of proceeding on charge of treason, breach of the
peace, or.............................................................
78
G.
Gallery, clearing of.......................................................................................
Committee of the Whole can not punish for disorder in . ..
99
109
H.
Hats, when to be taken o ff........................................................................
99
House, division of, how ascertained........................................................ 132-136
House of Representatives. (See Representatives.)
I.
Impeachment, sketch of the law of Parliament respecting.................. 153—
157
122
Inconsistent or incongruous amendments not suppressed..................
Inquiry or accusation, common fame a ground for..............................
90
Insist, question discussed upon amendments between the Houses. 139, 140
effect of vote to................................................................................
139
on execution of a subsisting order, a member m ay..................
99
Interests are concerned, no member is to be present when a bill is
under debate in which his private............................
98
JJournal shall be kept by each House.....................................................
of each House to be published..................................................
shall show every vote..................................................................
147
147
147
Index to Jefferson’s M an u al.
167
Page.
Journal, titles of bills and parts affected by amendments to be
inserted o n .......................................................................
147
what questions shall be entered o n .......................................
147
a record in law ............................................................................. 147,148
subject to examination..............................................................
148
directions as to making u p ....................................................... 147, 148
either House may notice and inspect Journal of the other.
148
how it may be amended............................................................
148
L.
Largest sum, question first put, in filling blanks.................................
118
Lie on table, may be called up at any time, matters that.................
114
Longest time, question first put, in filling blanks................................ 118, 119
M.
Majority decides on general questions....................................................
136
Members and officers of one House not amenable to theother........
98
must vote when question is p u t..............................................
135
not to vote unless present when question was put.............
135
must withdraw when questions concerning themselves
or their private interests are debated................................
98
may be heard, but must withdraw before a question is
moved.........................................................................................
98
Memorial. (See Petition.)
Messages can not be received in Committee of the Whole...............
88
between the Houses, subject of, discussed........................... 143-145
Executive, to be made to both Houses at same tim e..........
145
when they may be received....................................................
143
forms in receiving.......................................................................
143
errors in their delivery may be corrected............................
144
bills not acted on, the House may be reminded of them . .
145
Minority protected by adherence to rules.............................................
71
Mistakes. (See. Errors)...........................................
9 3,138,144
Motion not to be put or debated until seconded...........! ...................
101
to be put in writing, if desired...................................................
101
to be read for information as often as desired by a m em ber..
101
to adjourn not in order v'hen a member has the floor..........
101
privileged, what shall be, discussed......................................... 113 -12 0
removed from before House by adjoumemt, etc. (See
Questions).....................................................................................
128
i68
Index to Jefferson's M an ual.
N.
Page.
Newspaper publications, defamatory, breach of privilege..................
Nipping, reviling, or unmannerly words not permitted in debate. .
75
96
O.
Officers of either House, forms of nomination or election..................
85, 86
of one House not amenable Jto the other..................................
98
Onslow, Mr., his opinion of importance of rules..................................
71
Order, violated by Speaker by not putting question..........................
78
in Parliament " instances make order” ....................................
93
respecting papers. (See Papers).................................................
93,94
in debate. (See Debate) ................................................................
94
disorderly words in committee to be taken down and
reported to the House.................................................................
97
a member’s name may be called by the Speaker for disorder.
96
questions of, may be adjourned...................................................
99
decision of the Speaker on points of, may be controlled. . . .
99
motives of members not to be called in question...................
96
Committee of the Whole can not punish breach o f. . . ........
109
if point arise while question is putting, Speaker to decide
it peremptorily.............................................................................
135
91
Order of business, propriety of adhering to the.....................................
for the Senate...............................................................
91-93
Order of the day, how and when to be called u p...................................
99
may be discharged at any tim e..................................
100
can not be moved while member is speaking. . . .
101
takes precedence of all questions.............................
113
Order of the House, determined with the session..................................
ico
a member of the House may insist on the
99
execution of a subsisting....... .............................
and without debate or delay..................................
99
Order, question of, to supersede a question depending.......................
119
102
Order and resolution, distinction between..............................................
Order, special, rules upon subject o f. . . . ..............................................
9 9 ,113
Opposition to bill, proper time to make............... ................................. i n , 131
P.
Papers and journals not to be removed from Clerk’s table..............
93
Papers, rules respecting their preservation...........................................
93, 94
reading of, how far they may be called for......... '................. 1 1 1 , 1 1 2
reading of, to be put before the principal question..............
119
Index to Jefferson's M an ual.
169
Page.
Papers, referred, usually read by title...................................................
112
to be left with conferees of the House granting the con
ference ................................... i ...................................................
142
relating to bills or amendments sent to the other House. .
139
Parliament, .each House of, may adjourn independently of the
other....................................................................................................... . . .
148
Petition and remonstrance, distinction....................................................
100
Petition to be presented by a member—its form, etc......................... 100, 101
to be subscribed or written by petitioner..............................
100
must be disposed of through the House. . ............................
101
question as to receiving........... .......................................................
101
Postpone indefinitely, quashes a question for the session...................
114
Postpone beyond session, effect o f..............................................................
114
Preamble last considered............................................................................ 103, 106
85
President of the Senate provided by the Constitution..........................
President pro tempore to be chosen in the absence of the VicePresident. . ...............................................
85
at what time his office shall determine........
86
President of the United States, forms in presenting bills to ................ 145,146
Previous question, its intention and effect............................................. 120-122
can not be amended.......................................................
118
can an amendment be moved to main question
after the p. Q. has been moved and seconded?.
* 120
can not be put in Committee of the Whole........
89
may be put in quasi committee.............................
no
discussed.............................................
120-122
Priority and precedence of motions, discussed........................................ 112 -12 0
Privilege of Parliament has gradually increased..........................
72
of members of Parliam ent....................................................
72
73-80
of Senators and Representatives.............................................
of Senators, constructive exten t.............................................
75
of the two Houses, cases of alleged breach o f......................
75
of a member takes place by force of his election................
77
of members must be ascertained at the peril of the party
violating....................................................................................
78
of a member is the privilege of the House...........................
78
a member can not waive h is...........................
78
is violated by Speaker not putting a question which is
in order......................................................................................
78
of one House in relation to the other, or in relation to a
coordinate branch of the legislature...................................
80, 98
breach of, party summonedor sent for...................................
75
170
Index to Jefferson's M an ual.
Page.
Privilege, breach of, b y members, punishable by House on ly.........
78
breach of, by the King or E xecu tive...................................
79,80
members of one House can not be summoned by the
other................... .....................................................................
91
neither House can exercise authority over members or
officers of the other................................................................
98
of a member where he is charged or interested, & c .........
98
question of, takes precedence of the original question. . .
1 19
Privileged questions. (See Questions).............. : ..................................... 113 ,12 0
Q.
Qualification of Senators.............................................................................
Quarrel in committee must be settled in House...................................
members must declare they will not prosecute.....................
question of privilege arising from, must first be disposed
of...................................................... ............................................
Questions, general rule for putting...........................................................
the priority of certain, considered.......................................
removed from before House by adjournment....................
may be debated between the count of affirmative and
negative..................................................................................
manner of putting....................................................................
members are not to speak or move about when putting..
must be decided peremptorily if difficulty arise............
one House can not question the other except by con
ference........................
Questions, privileged, what shall b e..........................................................
in filling blanks.........................
in reference to commitment...............................
to amend an amendment of the other House
takes precedence of a motion to agree or
disagree................................................................
motion to amend has precedence over
motion to strike out a paragraph..................
Questions of order (incidental), how far they shall supersede any
other............................................................................................................
Question, division of, how made.....................................
what are d ivisible................................................
when divided, it must be so that each part
may stand by itself.......... ................................
when divided, each point open to debate
and amendment.................................... «
...........
80, 81
89
96, 97
1 19
112 -12 0
113
128
129
129-132
135
135
145
113-12 0
118 ,12 5
116
140
119
119
126
126,127
127
127
Index to Jefferson’s M an ual.
171
Page.
Questions (coexisting) what suspends and what removes from the
House an existing question................................... ............................
128
Questions, equivalent, what is considered...............................................
128
how determined b y ayes and noes......................................
135'
to be resumed in statu quo when suspended by the want
of a quorum.......................................................................
84,136
Question, previous. (See Previous question).........................................
120
Quorum only shall do business.................................................................
84
what number shall be a ..............................................................
84
how the attendance of, may be compelled...........................
84
any member may call for a count for the purpose of ascer
taining.........................................................................................
84,99
not present suspends the question........................................... 84,136
R.
Randall and Whitney, reference to case, breach of privilege.............
75
Reading of papers, question on, first p u t................................................
119
a speech is not a right without leave...................
112
a report of one House not of right in the other
House........................................................................
112
Recede, question discussed......................................................................
128
on amendments between the Houses the question shall be:
1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th,
adhere..........................................................................................
129
one House adhering, the other must recede or adhere also.
140
the House can not recede from its own amendment with an
amendment..................................................................................
140
Recommitment, amendments made in quasi-committee fall on........ 107, 109
Reconsideration of bills, orders, instructions, e tc ................................. 136-138
Remonstrance and petition, distinction....................................................
100
Report of committee, how to proceed in House.....................................
108
Report of one House not to be read in the other if objected to ........
112
Representatives, apportionment of, from 1789 to 19 10 .........................
82, 83
qualifications o f..............................................................
80, 81
Representatives, House of, of whom composed......................................
81
shall choose their Speaker and other
officers.........................................................
85
powers of, in relation to its rules and
the conduct of members.........................
94
Resolutions, facts, principles, and opinions may be expressed i n . .
102
money may be paid b y .......................................................
102
172
Index to Jefferson's M anual.
Page.
Resolutions, when to be presented for approval..................................
Reviling, nipping, or unmannerly words not to be used in debate.
Riders, engrossed bills may be amended b y .........................................
Rules, an adherence to, importance of...................................................
Rules and orders of each House, to what cases they shall ap p ly........ 99,
the execution of a subsisting order
may be insisted on.................................
all orders determine with the ses
sion.....................................................
146
96
131
71
100
99
100
S.
Sections of bills may be numbered by Clerk. ......................................
125
Senate, of whom composed and how classed.........................................
80
the Vice-President to be the President of the.......................
85
shall choosetheir officers, etc......................................................
85
power of, in relation to rules and the conduct of members.
93
equal division to be determined by the vote of the VicePresident.......................................................
135
adjournment of. (See Adjournment)....................................... 148,149
session of, what constitutes.........................................................
150
Session, what constitutes...........................................................................
150
Speaker, the House shall choose their.....................................................
85
absence of, from sickness, another chosen............................
86
violates order b y not putting question.........................................
78
Clerk puts question before election of...................................
85
86
may be removed at will of the House....................................
not to speak unless to order, and to be first heard..............
95
reads sitting, rises to put question.............. ...........................
no
122
can not refuse an amendment, inconsistent.........................
to decide point of order that arises in putting question
peremptorily, and may ask advice of old members.......
135
Special orders. (See Orders).................................. ................................... 99, 1x3
Speech can not be read of right, a written................. ...........................
112
123
Strike out, paragraph may be perfected before question to ..............
Strike out and insert, discussed............... •................................................ 123, 124
Sum, largest, first put in filling blanks.......... .......................................
118
T.
Tellers to count on division of the House.......... . .................................
their errors rectified.......................................................................
Time, longest, first put in filling blanks................................................
134
134
118
In d e x to Je ffe r s o n 1s M a n u a l.
17 3
Page.
Title to be on the back of the bill when engrossed.............................
in
136
when to be amended.................................................................
Transposing of sections, rule respecting................................................
125
Treason, mode of proceeding on charge of.............................................
78
15 1
Treaties may be made by the President and Senate..........................
are legislative acts........................................................................
151
extent of the power to make...................................................... 151, 152
may be rescinded b y an act of the legislature......................
152
papers to be communicated w ith.............................................
152
ratified by nominal call..............................................................
152
proceedings upon.......................................................................... 15 1,15 2
V.
Vote, a member can not vote till sworn.................................................
every member m ust..............
must not vote if not present...........................................................
change of..............................................................................................
77, 78
135
135
136
W.
Warm words or quarrel, adjustment of....................................................
Whitney and Randall bribery case, reference to ...................................
Withdraw, members can not, when question is putting.....................
Withdraw motions, rule of Parliam ent....................................................
Witnesses, how summoned, examined, etc............................................
96, 119
75
135
119
90
Y.
Yeas and nays may be required by'one-fifth........................................
to be taken alphabetically.............................................
all present shall vote, unless excused.........................
when called and decision announced, no member
allowed to vote..............................................................
no member to vote unless present...............................
134
135
135
135
135
RULES OF PROCEDURE AND PRACTICE IN THE SENATE
WHEN SPITING ON IMPEACHMENT T R IA L S*
I. Whensoever the Senate shall receive notice from the
House of Representatives that managers are appointed on their
part to conduct an impeachment against any person and are
directed to carry articles of impeachment to the Senate, the
Secretary of the Senate shall immediately inform the House
of Representatives that the Senate is ready to receive the
managers for the purpose of exhibiting such articles of
impeachment, agreeably to such notice.
II. When the managers of an impeachment shall be intro
duced at the bar of the Senate and shall signify that they are
ready to exhibit articles of impeachment against any person,
the Presiding Officer of the Senate shall direct the Sergeant-atArms to make proclamation, who shall, after making procla
mation, repeat the following words, viz:
“ All persons are
commanded to keep silence, on pain of imprisonment, while
the House of Representatives is exhibiting to the Senate of
the United States articles of impeachment against --------------- ; ’ ’ after which the articles shall be exhibited, and then
the Presiding Officer of the Senate shall inform the managers
that the Senate will take proper order on the subject of the
impeachment, of which due notice shall be given to the House
of Representatives.
*S e e also Jefferson’s Manual, Sec. L III.
i75
176
R ules for Im peachm ent T rials.
III. Upon such articles being presented to the Senate, the
Senate shall, at 1 o’clock afternoon of the day (Sunday ex
cepted) following such presentation, or sooner if ordered by the
Senate, proceed to the consideration of such articles, and shall
continue in session from day to day (Sundays excepted) after
the trial shall commence (unless otherwise ordered by the Sen
ate) until final judgment shall be rendered, and so much longer
as may, in its judgment, be needful. Before proceeding to the
consideration of the articles of impeachment, the Presiding
Officer shall administer the oath hereinafter provided to the
members of the Senate then present and to the other members
of the Senate as they shall appear, whose duty it shall be to take
the same.
IV . When the President of the United States or the VicePresident of the United States, upon whom the powers and
duties of the office of President shall have devolved, shall
be impeached, the Chief Justice of the Supreme Court of the
United States shall preside; and in a case requiring the said
Chief Justice to preside notice shall be given to him by the Pre
siding Officer of the Senate of the time and place fixed for the
consideration of the articles of impeachment, as aforesaid, with
a request to attend; and the said Chief Justice shall preside over
the Senate during the consideration of said articles and upon
the trial of the person impeached therein.
V. The Presiding Officer shall have power to make and
issue, by himself or by the Secretary of the Senate, all orders,
mandates, writs, and precepts authorized by these rules or
by the Senate, and to make and enforce such other regula
tions and orders in the premises as the Senate may authorize
or provide.
Rules for Impeachment Trials.
1 77
V I. The Senate shall have power to compel the attendance
of witnesses, to enforce obedience to its orders, mandates, writs,
precepts, and judgments, to preserve order, and to punish in a
summary way contempts of, and disobedience to, its authority,
orders, mandates, writs, precepts, or judgments, and to make
all lawful orders, rules, and regulations which it may deem
essential or conducive to the ends of justice.
And the Sergeant-
at-Arms, under the direction of the Senate, may employ such
aid and assistance as may be necessary to enforce, execute, and
carry into effect the lawful orders, mandates, writs, and precepts
of the Senate.
V II. The Presiding Officer of the Senate shall direct all
necessary preparations in the Senate Chamber, and the Presid
ing Officer on the trial shall direct all the forms of proceedings
while the Senate is sitting for the purpose of trying an
impeachment, and all forms during the trial not otherwise
specially provided for. And the Presiding Officer on the trial
may rule all questions of evidence and incidental questions,
which ruling shall stand as the judgment of the Senate, unless
some member of the Senate shall ask that a formal vote be
taken thereon, in which case it shall be submitted to the Senate
for decision; or he may at his option, in the first instance, sub
mit any such question to a vote of the members of the Senate.
Upon all such questions the vote shall be without a division,
unless the yeas and nays be demanded by one-fifth of the mem
bers present, when the same shall be taken.
V III. Upon the presentation of articles of impeachment and
the organization of the Senate as hereinbefore provided, a writ
of summons shall issue to the accused, reciting said articles,
and notifying him to appear before the Senate upon a day and
802S1 °—15-----12
178
Rules for Impeachment Trials.
at a place to be fixed by the Senate and named in such writ,
and file his answer to said articles of impeachment, and to
stand to and abide the orders and judgments of the Senate
thereon ; which writ shall be served by such officer or person as
shall be named in the precept thereof, such number of days
prior to the day fixed for such appearance as shall be named in
such precept, either by the delivery of an attested copy thereof
to the person accused, or if that can not conveniently be done,
by leaving such copy at the last known place of abode of such
person, or at his usual place of business in some conspicuous
place therein; or if such sendee shall be, in the judgment of
the Senate, impracticable, notice to the accused to appear shall
be given in such other manner, by publication or otherwise, as
shall be deemed ju st; and if the writ aforesaid shall fail of
sendee in the manner aforesaid, the proceedings shall not
thereby abate, but further sendee may be made in such manner
as the Senate shall direct. If the accused, after sendee, shall
fail to appear, either in person or by attorney, on the day so
fixed therefor as aforesaid, or, appearing, shall fail to file his
answer to such articles of impeachment, the trial shall proceed,
nevertheless, as upon a plea of not guilty.
If a plea of guilty
shall be entered, judgment may be entered thereon without
further proceedings.
IX .
At 12.30 o’clock afternoon of the day appointed for the
return of the summons against the person impeached, the legis
lative and executive business of the Senate shall be suspended,
and the Secretary of the Senate shall administer an oath to the
returning officer in the form following, viz: “ I , ------------------ ,
do solemnly swear that the return made by me upon the process
issued on t h e ----- day of ----------, by the Senate of the United
Rules for Impeachment Trials.
179
States, a g a in st-------------------, is truly made, and that I have
performed such service as therein described: So help me God.”
Which oath shall be entered at large on the records.
X . The person impeached shall then be called to appear and
answer the articles of impeachment against him.
If he appear,
or any person for him, the appearance shall be recorded, stating
particularly if by himself, or by agent or attorney, naming the
person appearing and the capacity in which he appears.
If he
do not appear, either personally or by agent or attorney, the
same shall be recorded.
X I. At 12.30 o’clock afternoon of the day appointed for the
trial of an impeachment, the legislative and executive business
of the Senate shall be suspended, and the Secretary shall give
notice to the House of Representatives that the Senate is ready
to proceed upon the impeachment o f -------------------, in the
Senate Chamber, which chamber is prepared with accommoda
tions for the reception of the House of Representatives.
X II. The hour of the day at which the Senate shall sit upon
the trial of an impeachment shall be (unless otherwise ordered)
12 o’clock m.; and when the hour for such thing shall arrive,
the Presiding Officer of the Senate shall so announce; and
thereupon the Presiding Officer upon such trial shall cause
proclamation to be made, and the business of the trial shall
proceed.
The adjournment of the Senate sitting in said trial
shall not operate as an adjournment of the Senate ; but on such
adjournment the Senate shall resume the consideration of its
legislative and executive business.
X I I I . The Secretary of the Senate shall record the proceed
ings in cases of impeachment as in the case of legislative pro-
180
Rules for Impeachment Trials.
ceedings, and the same shall be reported in the same manner as
the legislative proceedings of the Senate.
X IV . Counsel for the parties shall be admitted to appear and
be heard upon an impeachment.
X V . A ll motions made by the parties or their counsel shall
be addressed to the Presiding Officer, and if he, or any Senator,
shall require it, they shall be committed to writing, and read at
the Secretary’s table.
X V I. Witnesses shall be examined by one person on behalf
of the party producing them, and then cross-examined by one
person on the other side.
X V II. If a Senator is called as a witness, he shall be sworn,
and give his testimony standing in his place.
X V III. If a Senator wishes a question to be put to a wit
ness, or to offer a motion or order (except a motion to adjourn),
it shall be reduced to writing, and put by the Presiding Officer.
X I X . At all times while the Senate is sitting upon the trial
of an impeachment the doors of the Senate shall be kept open,
unless the Senate shall direct the doors to be closed while delib
erating upon its decisions.
X X . A ll preliminary or interlocutory questions, and all
motions, shall be argued for not exceeding one hour on each
side, unless the Senate shall, by order, extend the time.
X X I . The case, on each side, shall be opened by one person.
The final argument on the merits may be made by two persons
on each side (unless otherwise ordered by the Senate upon
application for that purpose), and the argument shall be opened
and closed on the part of the House of Representatives.
X X I I . On the final question whether the impeachment is
R ules for Im peachm ent T rials.
181
sustained, the yeas and nays shall be taken on each article of
impeachment separately; and if the impeachment shall not,
upon any of the articles presented, be sustained by the votes of
two-thirds of the members present, a judgment of acquittal
shall be entered; but if the person accused in such articles of
impeachment shall be convicted upon any of said articles by the
votes of two-thirds of the members present, the Senate shall
proceed to pronounce judgment, and a certified copy of such
judgment shall be deposited in the office of the Secretary of
State.
X X III.
All the orders and decisions shall be made and had
by yeas and nays, which shall be entered on the record, and
without debate, subject, however, to the operation of Rule V II,
except when the doors shall be closed for deliberation, and in
that case no member shall speak more than once on one ques
tion, and for not more than ten minutes on an interlocutory
question, and for not more than fifteen minutes on the final
question, unless by consent of the Senate, to be had without
debate ; but a motion to adjourn may be decided without the
yeas and nays, unless they be demanded by one-fifth of the
members present. The fifteen minutes herein allowed shall be
for the whole deliberation on the final question, and not to the
final question on each article of impeachment.
X X IV . Witnesses shall be sworn in the following form, viz:
“ Y o u ,------------------ , do swear (or affirm, as the case may be)
that the evidence you shall give in the case now pending
between the United States a n d -------------------, shall be the
truth, the whole truth, and nothing but the truth: So help you
God.” Which oath shall be administered by the Secretary, or
any other duly authorized person.
Rules for Impeachment Trials.
182
Forni of a subpoena to be issued on the application o f the managers
o f the impeachmenty or of the party impeached, or o f his counsel.
T o ------------------ , greeting:
You and each of you are hereby commanded to appear before
the Senate of the United States, on th e ----- day of --------- ,
at the Senate Chamber in the city of Washington, then and
there to testify your knowledge in the cause which is before the
Senate in which the House of Representatives have impeached
Fail not.
W itness------------------ , and Presiding Officer of the Senate,
at the city of Washington, th is ----- day of --------- , in the
year of our L o rd -------- , and of the Independence of the United
States t h e --------.
I
Presiding Officer of the Senate.
Form o f direction fo r the service o f said subpoena.
The Senate of the United States t o ------------------ , greeting:
You are hereby commanded to serve and return the within
subpoena according to law.
Dated at Washington, th is ----- day o f --------- , in the year
of our Lord -------- , and of the Independence of the United
States th e -------- .
Secretary of the Senate.
Form of oath to be administered to the members o f the Senate sitting
in the trial o f impeachments.
“ I solemnly swear (or affirm, as the case may be) that in all
things appertaining to the trial of the impeachment o f --------------- , now pending, I will do impartial justice according to
the Constitution and laws: So help me God.”
T h e U n i t e d S t a t e s o f A m e r i c a , ss :
The Senate of the United States to
Whereas the House of Representatives of the United States
of America did, on the----- day o f --------- , exhibit to the Senate
articles of impeachment against you, the s a id ------------------ , in
the words following:
[Here insert the articles.]
And demand that you, the said
answer the accusations as set forth in said articles, and that such
proceedings, examinations, trials, and judgments might be there
upon had as are agreeable to law and justice;
You, the sa id ------------------ , are therefore hereby summoned
to be and appear before the Senate of the United States of Amer
ica, at their Chamber in the city of Washington, on the----- day
o f -------- , at 12.30 o’clock afternoon, then and there to answer
to the said articles of impeachment, and then and there to abide
by, obey, and perform such orders, directions, and judgments as
the Senate of the United States shall make in the premises
according to the Constitution and laws of the United States.
Hereof you are not to fail.
W itness------------------ , and Presiding Officer of the said Sen
Index Senators
ate, at the city of Washington, th is ----- day o f ----------, in the
year of our Lord
-, and of the independence of the United
States t h e --------
Presiding Officer of the Senate.
4S
I
■
/
184
Rules for Impeachment Trials.
Form o f precept to be indorsed 011 said w rit of summons.
T h e U n i t e d S t a t e s o f A m e r i c a , ss :
The Senate of the United States t o ------------------ , greeting:
You are hereby commanded to deliver to and leave with
------------------ , if conveniently to be found, or if not, to leave
at his usual place of abode, or at his usual place of business
in some conspicuous place, a true and attested copy of the
within writ of summons, together with a like copy of this
precept; and in whichsoever way you perform the sendee, let
it be done at least ----- days before the appearance day
mentioned in the said writ of summons.
Fail not, and make return of this writ of summons and pre
cept, with your proceedings thereon indorsed, on or before the
appearance day mentioned in the said writ of summons.
W itness------------------ , and Presiding Officer of the Senate,
at the city of Washington, th is ----- day o f --------- , in the year
of our Ford -------- , and of the Independence of the United
States th e.-------- .
I
Presiding Officer of the Senate.
All process shall be served by the Sergeant-at-Arms of the
Senate, unless otherwise ordered by the court.
XXV.
If the Senate shall at any time fail to sit for the
consideration of articles of impeachment on the day or hour
fixed therefor, the Senate may, by an order to be adopted
without debate, fix a day and hour for resuming such con
sideration.
TH E CONSTITUTION OF THE UNITED STATES OF
AMERICA.*
W e t h e P e o p l e of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquilitjq
provide for the common defence, promote the general Welfare,
and secure the Blessings of Liberty to ourselves and our Pos
terity, do ordain and establish this C o n s t it u t i o n for the
United States of America.
Decisions of the Supreme Court of the United States relating to the
preamble are:
Chisholm z . Georgia, 2 Dali., 419; McCulloch v. State of Mary
>
land et al., 4 Wh., 316; Brown et al. V. Maryland, 12 Wh., 419,
Barron v. The Mayor and City Council of Baltimore, 7 Pet., 243;
Dred Scott v. Sandford, 19 Howard, 393; Lane County v. Oregon, 7
W all., 7 1; Texas v. White et ah, 7 Wall., 700; Claflin v. House
man, assignee, 93 U. S., 130; Williams v. Bruffy, 96 U. S., 176;
Tennessee v. Davis, 100 U. S., 257; Langford v. United States,
101 U. S., 341; United States v. Jones, 109 U. S., 513; Fort Leav
enworth Railroad Co. v. Lowe, 114 U. S., 525; The Chinese E xclu
sion Case, 130 U. S., 581; Geofroy v. Riggs, 133 U. S., 258; In re
Neagle, 135 U. S., 1; In re Ross, 140 U. S., 453; Logan v. United
4 States, 144 U. S., 263; Lascelles v. Georgia, 148 U. S., 537; I11 re
Tyler, 149 U. S .,* i 64; Fong Yue Ting v. United States, 149 U. S.,
698; United States v. E . C. Knight Co., 156 U. S., 1; Mattox v.
United States, 156 U; S., 237, In re Quarles and Butler, 158 U. S.,
532; I11 re Dehs, Petitioner, 158 U. S., 564; Ward v. Race Horse,
163 U. S., 504; De Lima v. Bidwell, 182 U. S., 1; Prout v. Starr,
188 U. S., 537; Jacobson v. Massachusetts, 197 U. S., 1 1 ; South
Carolina v. United States, 199 U. S., 437; E llis v. U. S., 206 U. S.,
246; Dick v. U. S., 208 U. S., 340; Muller v. Oregon, 208 U. S., 412.
* In May, 1785, a committee of Congress made a report recommending
an alteration in the Articles of Confederation, but no action was taken on
it, and it was left to the State Legislatures to proceed in the matter. In
January, 1786, the Legislature of Virginia passed a resolution providing for
the appointment of five commissioners, who, or any three of them, should
meet such commissioners as might be appointed in the other States of the
185
1 86
Constitution of the United States.
A R T IC L E I.
S e c t i o n 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.
Hayburn’s Case (notes), 2 Dali., 409; Field v. Clark, 143 U. S.,
649; Union Bridge Co. v. United States, 204 U. S., 364; United
States v. Heinszen, 206 U. S., 370; St. Louis & Iron Mountain
Railway v. Taylor, 210 U. S., 2S1; Monongahela Bridge Co. v.
United States, 216 U. S., 177; United States v. Grimaud, 216
U. S., 614; Muskrat v. United States, 219 U. S., 346; Johannessen v.
United States, 225 U. S., 227.
. S e c t i o n 2. 'T h e House of Representatives shall be com
posed 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 Legislature.
E x parte Yarbrough, n o U. S., 651; in re Green, 134 U. S., 377;
W iley v. Sinkler, 179 U. S., 58.
2 No Person shall be a Representative who shall not have
attained to the Age of twenty-five Years, and been seven Years
a Citizen of the United States, and who shall not, when elected,
be an Inhabitant of that State in which he shall be chosen.
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.]
Union, at a time and place to be agreed upon, to take into consideration the
trade of the United States; to consider how far a uniform system in their
commercial regulations may be necessary to their common interest and
their permanent harmony; and to report to the several States such an act,
*T h e part included in brackets is amended by the fourteenth amend
ment, second section, p. 242.
Constitution of the United States.
187
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 enumer
ation shall be made, the State of New Hampshire shall be
entitled to cliuse 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.
The last apportionment, under the act of 19 11, was made on the
basis of one Representative for 211,877 ° f population, and one for
each major fraction thereof.
Dred Scott v. Sandford, 19 Howard, 393; Yeazie Bank v. Fenno,
8 W all., 533; Scholey v. Rew, 23 W all., 331; De Treville v. Smalls,
98 U. S., 517; Gibbons v. District of Columbia, 116 U. S., 404;
Pollock v. Farmers’ Loan & Trust Co. (Income T ax case), 157
U. S., 429; Pollock v. Farmers’ Loan & Trust Co. (Rehearing), 158
U. S., 601; Thomas v. United States, 192 U. S., 363.
relative to this great object, as, when ratified by them, will enable the
United States in Congress effectually to provide for the same. The V ir
ginia commissioners, after some correspondence, fixed the first Monday in
September as the time, and the city of Annapolis as the place for the meet
ing, but only four other States were represented, viz: Delaware, New York,
New Jersey, and Pennsylvania; the commissioners appointed by Massa
chusetts, New Hampshire, North Carolina, and Rhode Island failed to
attend. Under the circumstances of so partial a representation, the com
missioners present agreed upon a report, (drawn by Mr. Hamilton, of New
Y ork,) expressing their unanimous conviction that it might essentially
tend to advance the interests of the Union if the States by which they
were respectively delegated would concur, and use their endeavors to pro
cure the concurrence of the other States, in the appointment of commis
sioners to meet at Philadelphia on the second Monday of M ay following,
to take into consideration the situation of the United States; to devise such
further provisions as should appear to them necessary to render the Con
stitution of the Federal Government adequate to the exigencies of the
1 88
Constitution of the United States.
4When 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 chuse their Speaker and
other Officers; and shall have the sole Power of Impeachment.
S e c t i o n . 3. [ J The Senate of the United States shall be com
posed of two Senators from each State, chosen by the Legisla
ture thereof, for six Years; and each Senator shall have one
V o te .]*
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 Legisla
ture of any State, the Executive thereof may make temporary
Appointments * [u n til the next Meeting of the Legislature,
which shall then fill such Vacancies].
Union; and to report such an act for that purpose to the United States in
Congress assembled as, when agreed to by them and afterwards confirmed
by the Legislatures of every State, would effectually provide for the same.
Congress, on the 21st of February, 1787, adopted a resolution in favor
of a convention, and the Legislatures of those States which had not
already done so (with the exception of Rhode Island) promptly appointed
delegates. On the 25th of May, seven States having convened, George
Washington, of Virginia, was unanimously elected President, and the con
sideration of the proposed constitution was commenced. On the 17th of
September, 1787, the Constitution as engrossed and agreed upon was
signed by all the members present, except Mr. Gerry, of Massachusetts,
and Messrs. Mason and Randolph, of Virginia. The president of the
convention transmitted it to Congress, with a resolution stating how the
*The parts included in brackets is amended by the seventeenth amend
ment, page 244.
Constitution of the United States.
189
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 Inhabit
ant of that State for which he shall be chosen.
4The Vice President of the United States shall be President
of the Senate, but shall have no Vote, unless they be equally
divided.
5The Senate shall cliuse their other Officers, and also a Presi
dent pro tempore, in the absence of the Vice President, or when
he shall exercise the Office of President of the United States.
6The Senate shall have the sole Power to try all Impeach
ments. When sitting for that Purpose, they shall be on Oath
or Affirmation. When the President of the United States is
tried, the Chief Justice shall preside: And no Person shall be
convicted without the Concurrence of two thirds of the Mem
bers present.
proposed Federal Government should be put in operation, and an explana
tory letter. Congress, on the 28th of September, 1787, directed the Con
stitution so framed, with the resolutions and letter concerning the same, to
“ be transmitted to the several Legislatures in order to be submitted to a
convention of delegates chosen in each State by the people thereof, in
conformity to the resolves of the convention.”
On the 4th of March, 1789, the day which had been fixed for commenc
ing the operations of Government under the new Constitution, it had been
ratified by the conventions chosen in each State to consider it, as follows:
Delaware, December 7,1787; Pennsylvania, December 12,1787; New Jersey,
December 18,1787; Georgia, January 2,1788; Connecticut, January 9,1788;
Massachusetts, February 6, 1788; Maryland, April 28,1788- South Carolina,
May 23,1788; New Hampshire, June 21,1788; Virginia, June 26,1788; and
New York, Ju ly 26, 1788.
The President informed Congress, on the 28th of January, 1790, that
North Carolina had ratified the Constitution November 21, 1789; and he
informed Congress on the 1st of June, 1790, that Rhode Island had ratified
the Constitution M ay 29, 1789. Vermont, in convention, ratified the Con
stitution January 10, 1791, and was, by an act of Congress approved Feb
ruary 18 ,17 9 1, “ received and admitted into this Union as a newTand entire
member of the United States.”
19 0
Constitution of the United States.
7
Judgment in Cases of Impeachment shall not extend further
than to removal from Office, and disqualification to hold and
enjoy any Office of honor, Trust or Profit under the United
States: but the Party convicted shall nevertheless be liable
and subject to Indictment, Trial, Judgment and Punishment,
according to Law.
S e c t i o n . 4. ’‘ The Times, Places and Manner of holding
Elections for Senators and Representatives, shall be preset ibed
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 chusing Senators.
E x parte Siebold, ioo U. S ., 3 7 1; E x parte Clarke, 100 U. S.,
399; E x parte Yarbrough, n o U. S., 6 5 1; United States v. Wad
dell et al., 112 U. S., 76; In re Coy, 127 U. S., 731.
2The 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.
S e c t i o n . 5. 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; 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.
In re Loney, 134 U. S., 372, United States v. Ballin, 144 U. S., 1
“ Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behavior, and, with the
Concurrence of two thirds, expel a Member.
Anderson v. Dunn, 6 Wh., 204; Kilbourn v. Thompson, 103
U. S., 168; U. S. v. Ballin, 144 U. S ., 1 ; In re Chapman, 166 U. S.,6 6 1.
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 Xavs
Constitution of the United States.
19 1
of the 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, with
out 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.
6. ’‘ The Senators and Representatives shall receive
a Compensation for their Services, to be ascertained, by Raw,
S e c t io
n
.
and paid out of the Treasury of the United States. They shall
in all Cases, except Treason, Felony and Breach of the Peace,
be privileged from Arrest during their Attendance at the Ses
sion 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.
Coxe v. McClenachan, 3 Dali., 478; Kilbourn v. Thompson, 103
U. S., 168; Williamson v. U. S., 207 U. S., 425.
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 encreased during
such time; and no Person holding any Office under the United
States, shall be a Member of either House during his Contin
uance in Office.
S e c t i o n . 7. *A 1 Bills for raising Revenue shall originate in
1
the House of Representatives; but the Senate may propose or
concur with Amendments as on other Bills.
Field v. Clark, 143 U. S., 649; Twin City Bank v. Nebeker, 167
U. S., 196; Millard v. Roberts, 202 U. S., 429; Flint v. Stone
Tracy Co., 220 U. S., 107; Rainey v. United States, 232 U. S., 310.
2 Every Bill which shall have passed the House of Represent
atives and the Senate, shall, before it become a Law, be pre
sented to the President of the United States; If he approve
he shall sign it, but if not he shall return it, with his Objec
192
C onstitution of the U nited States.
tions to that House in which it shall have originated, who shall
enter the Objections at large on their Journal, and proceed to
reconsider it. If after such Reconsideration two thirds of 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 reconsidered, and if approved by two thirds of that House, it
shall become a Law. But in all such Cases the Votes of both
Houses shall be determined by Yeas and Nays, and the Names
of the Persons voting for and against the Bill shall be entered
on the Journal of each House respectively.
If any Bill shall
not be returned by the President within ten Days (Sundays
excepted) after it shall have been presented to him, the Same
shall be a Law, in like Manner as if he had signed it, unless the
Congress by their Adjournment prevent its Return, in which
Case it shall not be a Law.
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 repassed by two thirds of the Senate and House
of Representatives, according to the Rules and Limitations pre
scribed in the Case of a Bill.
Field v. Clark, 143 U. S., 649; United States v. Ballin, 144 U. S.,
1 ; Fourteen Diamond Rings A United States, 183 U. S ., 176.
S e c t i o n 8. The Congress shall have Power 1 To lay and col
lect 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;
Hylton v. United States, 3 Dali., 17 1; McCulloch v. State of
Maryland, 4 Wh., 316; Dough borough V. Blake, 5 \Yh., 317; Osborn
Constitution of the United States.
193
v. Bank of the United States, 9 Wh., 738; Weston et al. v. City
Council of Charleston, 2 Pet., 449; Dobbins v. The Commissioners
of Erie County, 16 Pet., 435; License Cases, 5 How., 504; Cooley
v. Board of Wardens of Port of Philadelphia et al., 12 How., 299;
McGuire v. The Commonwealth, 3 Wall., 387; Van Allen v. The
Assessors, 3 Wall., 573; Bradley v. The People, 4 W all., 459;
License Tax Cases, 5 Wall., 462; Pervear v. The Commonwealth,
5 Wall., 475; Woodruff v. Parham, 8 W all., 123; Hinson v. Lott, 8
Wall., 148; Veazie Bank v. Fenno, 8 W all., 533; The Collector v.
Day, 1 1 Wall., 113 ; United States v. Singer, 15 W all., h i ; State
T ax on Foreign-held Bonds, 15 W all., 300; United States v. R ail
road Company, 17 Wall., 322; Railroad Company v. Peniston, 18
Wall., 5; Scholey v. Rew, 23 Wall., 331; Springer v. United States,
102 U. S., 586; Legal Tender Case, n o U. S., 421; California v.
Central Pacific Railroad Co., 127 U. S., 1; Ratterman v. Western
Union Telegraph Co., 127 U. S., 4 11; Leloup v. Port of Mobile,
127 U. S ., 640; Field v. Clark, 143 U. S., 649; Pollock v. Farmers’
Loan & Trust Co., 157 U. S., 429; United States v. Realty Co.,
163 U. S., 427; Nicol v. Ames, 173 U. S., 509; Knowlton v. Moore,
178 U. S., 41; De Lim a v. Bidwell, 182 U. S., 1; Dooley v. United
States, 182 U. S., 222; Downes v. Bidwell, 182 U. S., 244; Fourteen
Diamond Rings v. United States, 183 U. S., 176; Felsenheld v.
United States, 186 U. S., 126; Thomas v. United States, 192 U. S.,
363; Spreckels Sugar Refining Co. v. McClain, 192 U. S ., 397; Binns
v. United States, 194 U. S., 486; South Carolina v. United States,
199 U. S., 437; Kansas v. Colorado, 206 U. S., 46; Flaherty v. H an
son, 215 U. S., 515; Hooe v. U. S., 218 U. S., 322; Flint v. Stone
Tracy Co., 220 U. S., 107; Billings v. United States, 232 U. S., 261;
United States v. Goelet, 232 U. S., 293; United States v. Bennett,
232 U. S., 299; Rainey v. United States, 232 U. S., 310.
3 To borrow money on the credit of the United States;
McCulloch v. The State of Maryland, 4 Wh., 316; Weston et al.
v. The City Council of Charleston, 2 Pet., 449; Bank of Commerce v.
New York City, 2 Black, 620; Bank Tax Cases, 2 Wall., 200; The
Banks v. The Mayor, 7 Wall., 16; Bank v. Supervisors, 7 W all., 26;
Hepburn v. Griswold, 8 W all., 603; National Bank ^. Common
wealth, 9 Wall., 353; Parker v. Davis, 12 Wall., 457; Legal Tender
Case, n o U. S., 421; Home Insurance Company v. New York, 134
U. S., 594; Home Savings Bank v. Des Moines, 205 U. S., 503.
:i To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;
Gibbons v. Ogden, 9 Wh., 1; Brown et als. v. State of Maryland,
12 Wh., 419; Wilson et al. v. Black Bird Creek Marsh Company, 2
Pet., 245; Worcester v. The State of Georgia, 6 Pet. ,5 15 ; City of New
York v. Miln, 11 Pet., 102; United States v. Coombs, 12 Pet., 72;
Holmes v. Jennison et al., 14 Pet., 540; License Cases, 5 How.,
504; Passenger Cases, 7 How., 283; Nathan v. Louisiana, 8 How.,
73; Mager v. Grima et al., 8 How., 490; United States v. Marigold,
9 How., 560; Cowley v. Board of Wardens of Port of Philadel
phia, 12 How. 299; The Propeller Genesee Chief et al. v. Fitz80281°—15--- 13
194
Constihition of the United States.
hugh'et al., 12 How., 443; State of Pennsylvania v. The "Wheeling
Bridge Co., 13 How., 518; Veazie et al. v. Moore, 14 How., 568;
Smith v. State of Maryland, 18 How., 71; State of Pennsylvania
v. The Wheeling and Belmont Bridge Co. et al., 18 How., 421;
Sinnitt v. Davenport, 22 How., 227; Foster et al. v. Davenport et
al., 22 How., 244; Conway etal. v. Taylor’s E x., x Black, 603; United
States v. Holliday, 3 Wall., 407; Gilman v. Philadelpliia, 3 Wall.,
713; The Passaic Bridges, 3 W all., 782; Steamship Company v.
Port Wardens, 6 Wall., 3 1; Crandall v. State of Nevada, 6 Wall., 35;
White’s Bank v. Smith, 7 Wall., 646; Waring v. The Mayor, 8 Wall.,
n o ; Paul v. Virginia, 8 W all., 168; Thomson v. Pacific Railroad, 9
W all., 579; Downham et al. v. Alexandria Council, 10 W all., 173;
The Clinton Bridge, 10 Wall., 454; The Daniel Ball, 10 W all., 557;
Liverpool Insurance Company v. Massachusetts, 10 Wall., 566; The
Montello, 1 1 Wall., 4 11; E x parte McNiel, 13 Wall., 236; State
Freight Tax, 15 W all., 232; State T ax on Railw ay Gross Receipts,
15 W all., 284; Osborn v. Mobile, 16 Wall., 479; Railroad Company
v. Fuller, 17 W all., 560; Bartemeyer v. Iowa, 18 Wall., 129; The
Delaware Railroad Tax, 18 Wall.,- 206; Peete v. Morgan, 19 Wall.,
581; Railroad Company v. Richmond, 19 Wall., 584; B. and O.
R. R . Co. v. Maryland, 21 Wall., 456; The Lottawanna, 21 Wall.,
558; Henderson et al. v. The Mayor of the City of New York,
92 U. S., 259; Chy Lung v. Freeman et al., 92 U. S., 275; South
Carolina v. Georgia et al., 93 U. S., 4; Sherlock et al. v. Ailing,
adm., 93 U. S ., 99; United States v. Forty three Gallons of Whisky,
etc., 93 U. S., 188; Foster v. Master and Wardens of the Port of
New Orleans, 94 U. S., 246; Railroad Co. v. Husen, 95 U. S.,
465; Pensacola Tel. Co. v. W. U. Tel. Co., 96 U. S., 1; Beer Co. v.
Massachusetts, 97 U. S., 25; Cook v. Pennsylvania, 97 U. S., 566;’
Packet Co. v. St. Louis, 100 U. S., 423; Wilson v. McNamee, 102 U. S.,
572; Moran v. New Orleans, 112 U. S., 69; Head Money Cases, 112
U. S., 580; Cooper Mfg. Co. v. Ferguson, 113 U. S „ 727; Gloucester
Ferry Co. v. Pennsylvania, 114 U. S ., 196; Brown v. Houston, 114
U. S., 622; W alling v. Michigan, 116 U. S., 446; Pickard v. Pullman
Southern Car Co., 117 U . S., 34; Tennessee v. Pullman Southern Car
Co., 117 U. S .,5 1 ; Spraigue v. Thompson, 118 U. S ., 90; Morgan v.
Louisiana, 118 U. S., 455; Wabash, St. Louis and Pacific R v. v. Illi
nois, 118 U. S., 557; Huse v. Glover, 119 U. S., 543; Robbins v.
Shelby Co. Taxing Dist., 120 U. S., 489; Corson v. Maryland, 120
U. S., 502; Barron v. Burnside, 121 U. S., 186; Fargo v. M ichigan, 121
U. S., 230; Ouachita Packet Co. v. Aiken, 12 1 U. S., 444; Phila. and
Southern S. S' Co. v. Penna., 122 U. S., 326; W. U. Tel. Co. v. Pendle
ton, 122 U. S., 347; Sands v. Manistee River Imp. Co., 123 U. S.,
288; Smith v. Alabama, 124 U. S., 465; Willamette Iron Bridge Co.
v. Hatch, 125 U. S., i j Pembina Mine Co. v. Penna., 125 U. S., 18 1;
Bowman v. Chicago Northwestern R w y. Co., 125 U. S ., 465;
Western Union Tel. Co. v. Mass., 125 U. S .,530 ; California v. Cen
tral Pacific R. R. Co., 127 U. S., 1; Leloup v. Port of Mobile, 127
U. S., 640; Kidd v. Pearson, 128 U. S., 1; Asher v. Texas, 128 U. S.,
129; Stoutenberg v. Hennick, 129 U. S., 14 1; Western Union Tel.
Co. v. Alabama, 132 U. S., 472; Fritts v. Palmer, 132 U. S., 282;
Louisville, N. O., &c., Railway v. Mississippi, 113 U. S., 587; Leisy
v. Hardin, 135 U. S., 100; L vng v. Michigan, 135 U. S., 16 T; Cher
okee Nation v. Kansas Railway Co., 135 U. S., 641; McCall v. Cali
fornia, 136 U. S. 104; Norfolk & Western R. Rd. v. Pennsylvania,
Constitution of the United States.
195
136 U. S ., 114 ; Minnesota v. Barber, 136 U. S., 313; Texas & Pacific
R y. Co. v. Southern Pacific Co., 137 U. S., 48; Brimmer v. Rebman,
138 U. S., 78; Manchester v. Mass., 139 U. S., 240; In re Ralirer, 140
U. S., 545; Pullman Palace Car Co. v. Penna., 141 U. S., 18; Pull
man Palace Car Co. v. Hayward, 141 U. S., 36; Mass. v. West’u
Union Tel. Co., 141 U. S., 40; Crutcher v. Kentucky, 141 U. S., 47;
Henderson Bridge Co. v. Henderson, 141 U. S., 679; In re Garnett,
141 U. S., 1; Maine v. Grand Trunk Ry. Co., 142 U. S., 217; Mishimura Ekin v. U. S., 142 U. S., 651; Pacific E x. Co. v. Seibert, 142
U. S., 339; Horn Silver Mining Co. v. New York, 143 U. S., 305;
Chic. & Grand Trunk R y. Co. v. Wellman, 143 U. S., 339; Budd
v. N. Y ., 143 U. S., 517; Ficklen v. Shelby Co. Taxing Dist., 145
U. S., 1; Lehigh Valley R. Rd. v. Pennsylvania, 145 U. S., 192;
Interstate Com. Comm. v. B. & O. R. Rd., 145 U. S., 264;
Brennan v. Titusville, 153 U. S., 289; Brass v. Stoeser, 153 U. S.,
391; Ashley V. Ryan, 153 U. S., 436; Luxton V. N. River Bridge
Co., 153 U. S., 529; Erie R . Rd. V. Penna., 153 U. S., 628; Postal
Tel. Cable Co. v. Charleston, 153 U. S., 692; Covington & Cinc'ti
Bridge Co. v. K y ., 154 U. S., 204; Plumley v. Mass., 155 U. S., 461;
Texas & Pacific Rwy. Co. v. Interstate Transfer Co., 155 U. S., 585;
Hooper v. Calif., 155 U. S., 648; Postal Tel. Cable Co. v. Adams,
155 U. S., 688; U. S. v. E. C. Knight & Co., 156 U. S., 1; Ernest
v. Mo., 156 U. S., 296; N. Y ., L. E. & West’ n v. Penna., 158'
U. S., 431; Pittsburgh & So. Coal Co. v. Bates, 156 U. S., 577;
Pittsburgh & So. Coal Co. v. La., 156 U. S., 590; Gulf, Colo.. &
S. F . Rwy. Co. v. Hefley, 158 U. S., 98; In re Debs, 158 U. S., 564;
Geer v. Conn., 161 U. S., 519; Louisville, &c., R. R. Co. v. Ken
tucky, 161 U. S ., 677; Western Union Telegraph Co. v. James,
162 U. S ., 650; W. U. Telegraph Co. v. Taggart, 163 U. S., 1; Illinois
Cent. R. R . Co. v. Illinois, 163 U. S., 142; Hennington v. Georgia,
163 U. S., 299; Osborne v. Florida, 164 U. S., 650; Scott v. Donald,
165 U. S., 58; Adatns E x. Co. v . Ohio, 165 U. S., 194; New York,
&c., R. R. Co. v. New York, 165 U. S., 628; Henderson Bridge Co.
v. Kentucky, 166 U. S., 150; Adams Exp. Co. v. Kentucky, 166 U. S.,
17 1; Gladson v. M inn., 166 U. vS., 427; Chicago, & c ., Ry. Co. v. Solan,
169 U. S., 133; Missouri, &c., Ry. Co. z\ Haber, 169 U. S., 613; Rich
mond, & c., R. R. Co. v. Patterson, 169 U. S., 3 1 1 ; Rhodes v. Iowa,
170 U. S., 412; Vance v. Vandercook, 170 U. S., 438; Schollenberger
V. Pa., 171 U. S., 1; Collins v. N. H., 171 U. S., 30; Patapsco Guano
Co. v. N. C., 171 U. S., 345; New York v. Roberts, 171 U. S., 658;
Lake Shore, &c., Ry. Co. v. Ohio, 173 U. S., 285; Nicol v. Ames, 173
U. S., 509; Missouri, &c., R y. Co. V. McCann, 174 U. S., 580; Addyston Pipe & Steel Co. v. U. S., 175 U. S., 2 11; Lindsay & Phelps
Co. v. Mullen, 176 U. S., 126; Williams v. Fears, 179 U. S., 270;
Wisconsin, &c., R. R. Co. v. Jacobson, 179 U. S., 287; Chesapeake,
&c., R y. Co. v. K y ., 179 U. S., 388; Cargill v. Minnesota, 180
U. S., 452; Rasmussen v. Idaho, 181 U. S., 198; Smith v. St. Louis,
&c., Ry. Co., 181 U. S., 248; Capital City Dairy Co. v. Ohio, 183
U. S., 238; Louisville, &c., R. R. Co. v. Kentucky, 183 U. S., 503;
Louisville, & c., R. R. Co. v . Eubank, 184 U. S., 27; Stockard v .
Morgan, 185 U. S., 27; Reid v. Colorado, 187 U. S., 137; Telegraph
Co. v. New Hope, 187 U. S., 419; Hanley v. Kansas City Southern
R v. Co., 187 U. S., 617; Caldwell v. North Carolina, 187 U. S., 622;
K elley v. Rhoads, 188 U. S., 1; Diamond Match Co. v. Ontonagon,
188 U. S., 82; Lottery Case, 188 U. S., 321; Pullman Co. v. Adams,
189 U. S., 420; Atlantic, &c., Tel. Co. v. Philadelphia, 190 U. S.,
196
C onstitution of the U nited States.
160; Patterson v. Bark E n d o ra , 190 U. S., 169; Western Union
Tel. Co. V. Gottlieb, 190 U. S., 412; Allen v . Pullman Co., 191
U. S., 17 1; Arbuckle v . Blackburn, 191 U. S., 405; Pennsylva
nia R . R . Co. v . Hughes, 191 U. S., 477; P. R . R. Co. v . Knight,
192 U. S., 21; Crossman v . Lurman, 192 U. S., 189; St. Clair
County v . Interstate Transfer Co., 192 U. S., 454; Buttfield v.
Stranahan, 192 U. S., 470; Am. Steel & Wire Co. v . Speed, 192 U. S.,
500; Northern Securities Co. v. U. S., 193 U. S., 197; Fargo v . Hart,
193 U. S., 490; Field v . Barber Asphalt Co., 194' U. S., 618; C. of
Ga. R y. Co. v . Murphey, 196 U. S., 194; Cook v. Marshall County,
196 U. S., 261; Pabst Brewing Co. v . Crenshaw, 198 U. S., 17; Foppiano v . Speed, 199 U. S., 501; Houston & Texas Cent. R. R. v.
Mayes, 201 U. S., 321; McNeill v. So. R y. Co., 202 U. S., 543; New
Mexico ex rel. McLean & Co. v . Denver, etc., R. R . Co., 203 U. S.,
38; Heymann v. Southern R. R. Co., 203 U. S., 270; Martin v. P. &
L . E . R. R . Co., 203 U. S., 284; Kansas v. Colorado, 206 U. S., 46;
Lee v. N. J., 207 U. S., 67; Atlantic C. L. R. R. Co. v . Wharton,
207 U. S ., 328; O. D. S. S. Co. v . Gilmore, 207 U. S., 398; Howard
v. 111. C. R . R . Co., 207 U. S., 463; I. M. Darnell & Son Co. v.
Memphis, 208 U. S., 113 ; Adair v. U. S., 208 U. S., 16 1; Dick v.
U. S., 208 U. S., 340; General Oil Co. v . Crain, 209 U. S., 2x1; Asbell v . Kansas, 209 U. S., 251; Hudson County Water Com. v . Mc
Carter, 209 U. S., 349; Ware & Leland v . Mobile Co., 209 U. S., 405;
Mobile J. & K . C. R. R. Co. v . Miss., 210 U. S., 187; Galveston H.
& S. A. R. R . Co. v . Texas, 210 U. S., 217; N. Y . ex rel. Silz v .
Hesterberg, 2 11 U. S., 3 1; U. S. v . D. & H. Co., 213 U. S., 366; Dis
trict of Columbia v. Brooke, 214 U. S., 138; Adams Blxp. Co. v . K y .,
214 U. S., 218; E l Paso & N. E . R y. Co. v . Gutierrez; 215 U. S., 87;
W. U. Tel. Co. v. Kansas, 216 U. S., 1; Pullman Co. v . Kansas,
216 U. S., 56; Atlantic Coast Line Co. v . Mazursky, 216 LT S., 122;
.
L u d w igs. W. U. Tel. Co., 216 U. S., 146; Monongahela Bridge Co.
v . U. S., 216 U. S., 177; Mo. P. R y. Co. v . Kansas, 216 U. S.,-262;
International Textbook Co. v . Pigg, 217 U. S., 91; St. Louis S. W.
R y. Co. v . Arkansas, 217 U. S., 136; Standard Oil Co. V. Tennessee,
217 U. S., 413; So. R y. Co. v. King, 217 U. S., 524; Brown Forman
Co. v . K y ., 217 U. S., 563; L. & N. R. R. Co. v. Melton, 218 U. S.,
36; Dozier v . Alabama, 218 U. S ., 124; Herndon v. C., R. I. & P.
R y. Co., 218 U. S., 135; Roach v. A., T. & S. F. R y. Co., 218
U. S., 159; C. & W. R y. Co. v . Connersville, 218 U. S. 336; W.
U. Tel. Co. v . Commercial M illing Co., 218 U. S., 406; Engle v .
O’Malley, 219 U. S., 128; Atlantic C. L. R. R . Co. v . Riverside Mills,
219 U. S., 1S6; Broadnax v . Mo., 219 U. S., 285; L. & N. R. R. Co.
v . Mottley, 219 U. S ., 467; Oklahoma v. Kansas Natural Gas Co.,
221 U. S., 229; B. & O. R . R. Co. v. Interstate Com. Comm., 221
U. S ., 612; So. R y. Co. v. U. S., 222 U. S., 20; Martin v. West, 222
U. S., 19 1; Second Employers’ Liability Cases, 223 U. S., 1; Lowe
v . Fisher, 223 U. S., 95; The Abby Dodge, 223 U. S., 166; Philadel
phia Co. v. Stimson, 223 U. S., 605; Interstate Com. Comm. v . Good
rich Tunnel Co., 224 U. S., 194; Mo. P. Ry. Co. v. Castle, 224 U. S.,
541; Ohio R. R. Comm. v . Worthington, 225 U. S., 101; Savage v .
Jones, 225 U. S., 501; E x parte Webb, 225 U. S., 663; Purity E x
tract Co. v . Lynch, 226 U. S., 192; Buck Stove Co. v . Vickers, 226
U. S., 205; Zakonaite v. Wolf, 226 U. S., 272; Darnell v. Indiana,
226 U. S., 390; Williams v. Talladega, 226 U. S ., 404; Ewing v .
Leavenworth, 226 U. S., 464; Adams Express Co. v. Croninger, 226
U. S., 491; Yazoo & M. V. R. R. Co. v. Greenwood Grocery Co..
Constitution of the United States.
197
227 U. S., 1; Michigan Central R . R. Co. v . Yreeland, 227 U. S.,
59; Interstate Com. Comm. v . Louisville & Nashville R . R. Co.,
227 U. S., 88; St. Louis I. M. & S. R y . Co. v . Edwards, 227 U. S.,
265; Hoke v . United States, 227 U. S ., 308; Athanasaw v . United
States, 227 U. S., 326; Bennett v . United States, 227 U. S., 333;
Harris v . United States, 227 U. S., 340; Crenshaw v . Arkansas, 227
U. S., 389; Tiaco v . Forbes, 228 U. S., 549; Bugajewitz v . Adams,
228 U. S., 585; United States^. Chandler Dunbar Co., 229 U. S., 53;
The Minnesota Rate Cases, 230 U. S., 352; Oregon R . R. & N. Co.
v . Campbell, 230 U. S., 525; Allen v . St. Louis I. M. & S. R y . Co.,
230 U. S., 553; Luria v . United States, 231 U. S., 9; United States
v . Sandoval, 231 U. S., 28; Baltic Mining Co. v . Massachusetts,
231 U. S., 68; Kansas City Southern R y. C. v . United States, 231
U. S., 423; Grand Trunk R y . Co. v . Michigan R . R. Comm., 231
U. S., 457; New York Life Ins. Co. v . Deer Lodge Co., 231 U. S.,
495; Adams Express Co. v . New York, 232 U. S., 14; United States
Express Co. v . New York, 232 U. S., 35; Harrison v . St. L . & San
Francisco R . R ., 232 U. S., 318; Foote v . Maryland, 232 U. S., 494;
Stewart v . Michigan, 232 U. S., 665; Kansas City Southern R y.
Co. v . Kaw Valley District, 233 U. S., 75; Singer Sewing Machine
Co. v . Brickell, 233 U. S., 304; Chicago, M. & St. P. R y. Co. v .
Iowa, 233 U. S., 334; Illinois Central R. R . Co. v . Behrens, 233
U. S-, 473; Smith v . Texas, 233 U. S., 630; Erie R . R . Co. v .
Williams, 233 U. S., 685; Atlantic Coast Line v . Georgia, 234 U. S-,
280; Sault Ste. Marie v . International Transit Co., 234 U. S., 333;
Houston & Texas R y . Co. v . United States, 234 U. S., 342; Mis
souri, K . & T. R y . Co. v . Harris, 234 U. S., 412; Intermountain
Rate Cases, 234 U. S ., 476; U. S. v . Union Pacific R . R . Co.,
234 U. S ., 495; Western Union Telegraph Co. v . Brown, 234 U.
S.,542; The Pipe Line Cases, 234 U. S ., 548; Louisville & Nash
ville R . R . Co. v . Higdon, 234 U. S., 592; Overton v . Oklahoma,
235 U. S., 3 1; McCabe v . A ., T. & S. F . R y. Co., 235 U. S ., 15 1;
Sioux Remedy Co. v . Cope, 235 U. S., 197; St. Louis S. W. R y. v .
Arkansas, 235 U. S ., 350; South Covington R y. v . Covington, 235
U. S., 537; Hendrick v. Maryland, 235 U. S ., 610; 111. Cent. R . R.
v . Louisiana R. R . Comm., 236 U. S ., 157; Heyman n. Hays, 236
U. S ., 178; Southern Operating Co. v . Hays, 236 U. S., 188; Mutual
Film Corp. v . Ohio In d u s! Comm., 236 U. S., 230; Mutual Film
Corp. v . Kansas, 236 U. S ., 248; Meeker & Co. v . Lehigh Valley
R . R ., 236 U. S., 412; Southern R y . Co. v . R. R . Comm, of Indiana,
236 U. S., 439; Kirmeyer v . Kansas, 236 U. S ., 568; Mich. Cent.
R . R . ij. Mich. R . R . Comm., 236 U. S., 615; Sligh v . Kirkwood,
237 U. S., 52; Chicago, B. & Q. R y . v. Wisconsin R. R . Comm.,
237 U. S., 220; Greenleaf Lumber Co. v . Garrison, 237 U. S., 251;
Charleston & W. C. R y. v . Yarnville Co., 237 U. S., 597.
4To establish ail uniform Rule of Naturalization,1 and uniform
Laws on the subject of Bankruptcies throughout the United
States;2
•
2Sturges v . Crowninsliield, 4 Wh., 122; “ McMillan v . McNeil,
Wh., 209; 2 Farmers and Mechanics’ Bank, Pennsylvania, v. Smith,
6 Wh., 13 1; “ Ogden v. Saunders, 12 Wh., 213; “ Boyle v. Zacharie
and Turner, 6 Pet., 348; ’ Gassies v . Ballon, 6 Pet., 761; “ Beers et
al. v. Haughton, 9 Pet., 329; “ Suydam et al. v. Broadnax, 14 Pet.,
198
C onstitution o f the U n ited States.
67; 2Cook v. Moffat et al., 5 How., 295; 1 1)red Scott v. Sandford,
19 How., 393; 1 Nishimura E kiu v. U. S., 142 U. S., 651; 2 Hanover
Bank v. Moyses, 186 U. S., 18 1; 1 Holmgren v. U. S., 217 U. S., 509;
Johannessen v. U. S., 225 U. S. 227; Luria v. United States, 231
U. S., 9.
5To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;
Briscoe v. The Bank of the Commonwealth of Kentucky, n Pet.,
257; Fox v. The State of Ohio, 5 How., 410; United States v. M ari
gold, 9 How., 560; Ling Su Pan v. U. S'., 218 U. S., 302.
6To provide for the Punishment of counterfeiting the Securi
ties and current Coin of the United States;
F o x v. Ohio, 5 How., 410; U. S. v. Marigold, 9 How., 560.
7To establish Post Offices and post Roads;
State of Pennsylvania v. The Wheeling and Belmont Bridge
Company, 18 How., 421; Pensacola Telegraph Co. v. W. U.
Tel. Co., 96 U. S., 1; E x Parte Jackson, 96 U. S., 727; In re Rapier,
143 U. S., n o ; Horner v. U. S., 143 U. S., 207; In re Debs, Petitioner,
158 U. S., 564; Illinois Central Railroad Co. v. Illinois, 163 U. S.,
142; Gladson v. Minnesota, 166 U. S., 427; Public Clearing House v.
Coyne, 194 U. S.,497; W. U. Tel. Co. v. P. R. R . Co., 185 U. S.,
540; Martin v. Pittsburg & Lake Erie R . R. Co., 203 U. S., 284;
Mississippi R . R . Commission v. Ills. C. R. R. Co., 203 U. S., 335;
Rearick v. Penn., 203 U. S., 507; N. Y . ex rel. Hatch v. Reardon,
204 U. S., 152; Delamater v. So. Dak., 205 U. S., 93; Iroquois
Co. v. De Laney Co., 205 U. S., 354; Adams E x. Co. v. K y ., 206
U. S., 129-139; Battle z\ U. S., 209 U. S., 36.
8To promote the Progress of Science and useful Arts, by secur
in g for limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries;
Grant et al. v. Raymond, 6 Pet., 218; Wheaton et al. v. Peters
et al., 8 Pet., 591; Trade-mark Cases, 100 U. S., 82; Burrow Giles
Lithographic Co. v . Sarony, 1 1 1 U. S., 53; United States v . Duell,
172 U. S., 576; Allen v. Riley, 203 U. S., 347; Martin v. Pittsburg
& Lake Erie R. R. Co., 203 U. S., 284; Bobbs-Merrill Co. v. Straus,
210 U. S., 339; Continental Paper Bag Co. v. Easton Paper Bag Co.,
210 U. S., 405; Hills & Co., Ltd. v. Hoover, 220 U. S., 329; Ubeda
v. Zialcita, 226 U. S., 452.
9To constitute Tribunals inferior to the supreme Court;
10To define and punish Piracies and Felonies committed on
the high Seas, and Offenses against the Law of Nations;
U. S. v. Palmer, 3 Wh., 610; U. S. v. Wiltberger, 5 Wh., 76; U. S.
v. Smith, 5 Wh., 153; U. S. v. Pirates, 5 Wh., 184; U. S. v. Ari
zona, 120 U. S., 479.
*
Constitution of the United States.
199
" To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water;
Brown v. United States, 8 Cr., no; American Insurance Com
pany et al. v. Canter (356 bales cotton), 1 Pet., 511; Mrs. Alexander’s
Cotton, 2 Wall., 404; Miller v. United States, xi Wall., 268; Tyler v.
Defrees, 11 Wall., 331; Stewart v. Kahn, 11 Wall., 493; Hamilton v.
Dillon, 21 Wall., 73; Lamar, ex., v. Browne et al., 92 U. S., 187;
Mayfield v. Richards, T15 U. S., 137; The Chinese Exclusion
Cases, 130 U. S., 581; Mormon Church if. United States, 136 U. S.,
1; Nishimura Ekiu v. The United States, 142 U. S., 651.
12To raise and support Armies, but no Appropriation of Money
to that Use shall be for a longer Term than two Years;
Crandall v. State of Nevada, 6 Wall., 35; Nishimura Ekiu v.
The United States, 142 U. S., 651.
I3To provide and maintain a Navy;
United States v. Bevans, 3 Wh., 336; Dynes v. Hoover, 20
How., 65.
14To make Rules for the Government and Regulation of the
land and naval Forces;
ISTo provide for calling forth the Militia to execute the Laws
of the Union, suppress Insurrections and repel Invasions;
Houston v. Moore, 5 Wh., 1; Martin v. Mott, 12 Wh., 19; Luther
Borden, 7 How., 1; Crandall z\ State of Nevada, 6 Wall., 35;
Texas v. White, 7 Wall., 700.
v.
l6To provide for organizing, arming, and disciplining the
Militia, and for governing such Part of them as may be em
ployed 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;
v.
Houston v. Moore, 5 Wli., 1; Martin v. Mott, 12 Wli., 19; Luther
Borden, 7 How., 1; Presser v. Illinois, 116U . S., 252.
17To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles scpiare) as may, by
Cession of particular States, and the acceptance of Congress,
200
Constitution of the U?iited States.
become the Seat of the Government of the United States, and to
exercise like Authority over all Places purchased by the Con
sent 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
Hepburn et al. v. Ellzey, 2 Cr., 444; Loughborough v. Blake, 5
Wh., 317; Cohens v. Virginia, 6 Wh., 264; American Insurance
Company v. Canter (356 bales cotton), 1 Pet., 511; Kendall, Post
master-General, v. The United States, 12 Pet., 524; United States v.
Dewitt, 9 Wall., 41; Dunphy v. Kleinsmith et al., 11 Wall., 610;
Willard v. Presbury, 14 Wall., 676; Kohl et al. v. United States,
91 U. S., 367; Phillips v. Payne, 92 U. S., 130; United States v.
Fox, 94 U. S., 315; National Bank v. Yankton County, 101 U. S.,
129; Fort Leavenworth R. R. Co. v. Lowe, 114 U. S., 525; Gib
bons v. District of Columbia, 116 U. S., 404; Van Brocklin v.
State of Tennessee, T17 U. S., 151; Stoutenburgh v. Hennick,
129 U. S., 141; Geofroy v. Riggs, 133 U S., 258; Benson v. United
States, 146 U. S., 325; Shoemaker v. United States, 147 U. S., 282;
Chappell v. United States, 160 U. S., 499; Ohio v. Thomas, 173
U. S., 276; Wight v. Davidson, 181 U. S., 371; Battle v. United
States, 209 U. S.,36; Western Union Telegraph Co. v. Chiles, 214
U. S., 274; El Paso & Northeastern Ry. Co. v. Gutierrez, 215
U. S.,87.
18To 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.
McCulloch v. The State of Maryland, 4 Wh., 316; Wayman v.
Southard, 10 Wh., 1; Bank of United States v. Halstead, 10 Wh.,
51; Hepburn v. Griswold, 8 Wall., 603; National Bank v. Common
wealth, 9 Wall., 353; Thomson v. Pacific Railroad, 9 Wall., 579;
Parker v. Davis, 12 Wall., 457; Railroad Company v. Johnson, 15
Wall., 195; Railroad Company v. Peniston, 18 Wall., 5; United
■ States v. Fox, 95 U. S., 670; United States v. Hall, 98 U. S., 343;
Tennessee v. Davis, 100 U. S., 257; Ex parte Curtis, 106 U. S., 371;
Legal Tender Case, no U. S., 421; In re Coy, 127 U. S., 731; Stout
enburgh v. Hennick, 129 U. S., 141; Chinese Ex. Case, 130 U. S.,
581; Crenshaw v. United States, 134 U. S., 99; In re Neagle, 135
U. S., 1; Cherokee Nation v. Southern Kansas R. R., 135 U. S., 641;
St. Paul, Minneapolis & Manitoba Ry. Co. v. Phelphs, 137 U. S.,
528; Nishimura Ekiu v. The United States, 142 U. S., 651; Homer v.
United States, 143 U. S., 570; Field v. Clark, 143 U. S., 649; Logan
V. United States, 144 U. S., 263; Fong-Yue Ting v . United States,
149 U. S., 698; Lees v. United States, 150 U. S., 476; Luxton v.
North River Bridge Co., 153 U. S., 529; Erie R. Rd. v. Penna., 153
U. S., 628; Postal Tel. Cable Co. v. Charleston, 153 U. S., 692; In
terstate Com. Com. v. Brimson, 154 U. S., 447; Clune v. United
Constitution o f the United States.
201
States, 159 U. S., 590; In re Kollock, 165 U. S., 526; Camfield v.
United States, 167 U. S.,518; Motes v. United States, 178 U. S.,
458; Buttfield v. Stranahan, 192 U. S., 4 7 °', Felsenheld v. United
States, 186 U. S., 126; Kansas V. Colorado, 206 U. S., 46; Williams
v. Talladega, 226 U. S., 404; Harrison v. St. L. & San Francisco
R. R., 232 U. S., 318; Farmers Bank v. Minnesota, 232 U. S. 516.
S u c t i o n 9. "The Migration or Importation of such Persons as
any of the States now existing shall think proper to admit, shall
not be prohibited by the Congress prior to the Year one thousand
eight hundred and eight, but a tax or duty may be imposed on
such Importation, not exceeding ten dollars for each Person.
Dred Scott v. Sanford, 19 How., 393; Oceanic Navigation Co. v.
Stranahan, 214 U. S., 320.
2The 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.
United States v. Hamilton, 3 Dali., 17; Hepburn et al. v. Ellzey,
2 Cr., 445; Ex parte Bollman and Swartwout, 4 Cr., 75; E x parte
Kearney, 7 Wh., 38; Ex parte Tobias Watkins, 3 Pet., 192; Ex parte
Milburn, 9 Pet., 704; Holmes v. Jennison et al., 14 Pet., 540; Ex
parte Dorr, 3 How., 103; Luther v. Borden, 7 How., 1; Ableman v.
Booth and United States v. Booth, 21 How., 506; Ex parte Vallandigham, I Wall., 243; Ex parte Mulligan, 4 Wall., 2; Ex parte
McCardle, 7 Wall., 506; Ex parte Merger, 8 Wall., 85; Tarble’s
Case, 13 Wall., 397; Ex parte Lange, 18 Wall., 163; Ex parte Parks,
93 U. S., 18; Ex parte Karstendick, 93 U. S., 396; Ex parte Vir
ginia, 100 U. S., 339; In re Neagle, 135 U. S., 1; In re Duncan,
139 U. S., 449; In re Frederick, 149 U. S., 70 ; United States v. Sing
Tuck, 194 U. S., 161; United States V. Ju Toy. 198 U. S., 253;
Carfer v. Caldwell, 200 U. S., 293; Fisher v. Baker, 203 U. S., 174;
McNichols v. Pease, 207 U. S., 100; Armour Packing Co. v. United
States, 209 U. S., 56; Henry v. Henkel, 235 U. S., 219.
3 No Bill of Attainder or ex post facto Law shall be passed.
Fletcher v. Peck, 6 Cr., 87; Ogden v. Saunders, 12 Wli., 213;
Watson et al. v. Mercer, 8 Pet., 88; Carpenter et al. v. Common
wealth of Pennsylvania, 17 How., 456; Locke y . New Orleans, 4
Wall., 172; Cummings v. The State of Missouri, 4 Wall., 277; Ex
parte Garland, 4 Wall., 333; Drehman V. Stifle, 8 Wall., 595; Klin
ger v. State of Missouri, 13 Wall., 257; Pierce v. Carskadon, 16
Wall., 234; Hopt v. Utah, no U. S., 547; Holden v. Minnesota, 137
U. S., 483; Cook v. United States, 138 U. S., 157; Neely zc Henkel
(No. 1), 180 U. S., 109; Southwestern Coal Co. V. McBride, 185
U. S., 499; Delamater v. South Dakota, 205 U. S.,93; Johannessen
v. U. S., 225 U. S., 227; Bugajewitz v. Adams, 228 U. S., 585;
Luria v. United States, 231 U. S., 9.
Constitution of the United States.
202
* 4No capitation, or other direct, T ax shall be laid, unless in
Proportion to the Census or Enumeration herein before directed
to be taken.
License Tax Cases, 5 Wall., 462; Springer v. United States, 102
U. S., 586; Pollock v . Fanners’ Loan & Trust Co., 157 U. S., 429;
.Nicol v. Ames, 173 U. S., 5 ° 9 ; Thomas v. United States, 192 U. S.,
363; Spreckles Sugar Refining Co. v . McClain, 192 U. S., 397;
South Carolina v. United States, 199 U. S., 437; Rainey v. United
States, 232 U. S., 310.
sNo T ax or Duty shall be laid on Articles exported from any
State.
Cooley v. Board of Wardens of Port of Philadelphia, 12 How.,
299; Pace v. Burgess, collector, 92 U. S., 372; Turpin v. Burgess,
117U . S., 504; Pittsburg & Southern Coal Co. v. Bates, 156 U. S.,
577; Nichols v. Ames, 173 U. S., 509; Williams v. Fears, 179 U. S.,
270; De Lima v. Bidwell, 182 U. S., 1; Dooley v. United States, 183
U. S., 151; Fourteen Diamond Rings V. United States, 183 U. S.,
176; Cornell v. Coyne, 192 U. S., 418; South Carolina v . United
States, 199 U. S., 437; Armour Packing Co. v . United States, 209
U. S., 56; United States v. Hvoslef, 237 U. S., 1; Thames & Mer
sey Ins. Co. v. United States, 237 U. S., 19.
6No Preference shall be given by any Regulation of Com
merce or Revenue to the Ports of one State over those of another:
nor shall Vessels bound to, or from, one State, be obliged to
enter, clear, or pay Duties in another.
Cooley v . Board of Wardens of Port of Philadelphia et al., 12
How., 299; State of Pennsylvania v. Wheeling and Belmont Bridge
Company et al., 18 How., 421; Munn v . Illinois, 94 U. S., 113;
Packet Co. v . St. Louis, 100 U. S., 423; Packet Co. v. Catlettsburg,
105 U. S., 559; Spraigue v. Thompson, 118 U. S., 90; Morgan v.
Louisiana, 118 U. S., 455; Johnson v . Chicago & Pacific Elevator
Co., 119 U. S., 388; South Carolina v. United States, 199 U. S, 437;
Armour Packing Co. v . United States, 209 U. S., 56.
7No Money shall be drawn from the Treasury, but in Conse
quence of Appropriations made by Law; and a regular State
ment and Account of the Receipts and Expenditures of all
public Money shall be published from time to time.
8 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 the Congress, accept of
*See also the sixteenth amendment, page 56.
Constitution of the United States.
203
any present, Emolument, Office, or Title, of any kind what
ever, from any King, Prince, or foreign State.
S e c t i o n 10 . xNo State shall enter into any Treaty, Alliance,
or Confederation; grant Tetters of Marque and Reprisal; coin
Money; emit Bills of Credit;1 make any Thing but gold and
silver Coin a Tender in Payment of Debts; pass any Bill of
Attainder, ex post facto Law ,3 or Law impairing the Obligation
of Contracts,4 or grant any Title of Nobility.
. 2Calder and Wife v. Bull and Wife, 3 Dali., 386; 3Fletcher v.
Peck, 6 Cr., 87; 3State of New Jersey v. Wilson, 7 Cr., 164; 3Sturgis v. Crowninsliield, 4 Wh., 122; 3McMillan v. McNeil, 4 Wh.,
209; 3Dartmouth College v. Woodward, 4 Wh., 518; 3Owings v.
Speed, 5 Wh., 420; 3Banners and Mechanics’ Bank V. Smith, 6
Wh., 131; 3Green et al. v. Biddle, 8 Wh., 1; 3Ogden v. Saunders,
12 Wli., 213; 3Mason v. Haile, 12 Wh., 370; 3Satterlee v. Matthewson, 2 Pet., 380; 3Hart v. Lamphire, 3 Pet., 280; 1 Craig et al. v.
State of Missouri, 4 Pet., 410; 3Providence Bank v. Billings and
Pitman, 4 Pet., 514; 1 Byrne v. State of Missouri, 8 Pet., 40; 2Wat
son v. Mercer, 8 Pet., 88; 3Mumma v. Potomac Company, 8 Pet.,
281; 3Beers v. Haughton, 9 Pet., 329; ’ Briscoe et al. v. The Bank
of the Commonwealth of Kentucky, 11 Pet., 257; 3The Proprie
tors of Charles River Bridge v. The Proprietors of Warren Bridge,
11 Pet., 420; 3Armstrong v. The Treasurer of Athens Company, 16
Pet., 281; 3I5ronson v. Kinzie et al., 1 How., 311; 3McCracken v.
Hayward, 2 How., 608; 3Gordon v. Appeal Tax Court, 3 How.,
3:33; 3State of Maryland v. Baltimore and Ohio R. R. Co., 3 How.,
534; 3Neil, Moore & Co. v. State of Ohio, 3 How., 720; 3Cook v.
Moffatt, 5 How., 295; 3Planters’ Bank v. Sharp et al., 6 How., 301;
3 West River Bridge Company v. Dix et al., 6 How., 507; 3Craw
ford et al. v. Branch Bank of Mobile, 7 How., 279; 3Woodruff v.
Trapnail, 10 How., 190; 3Paup et al. v. Drew, 10 How., 218;
2,3Baltimore and Susquehanna R. R. Co. v. Nesbitt et al., 10 How.,
395; 3Butler et al. v. Pennsylvania, 10 How., 402; 1 Darrington et
al. v. The Bank of Alabama, 13 How., 12; 3Richmond, etc., R. R.
Co. v. The Louise R. R. Co., 13 How., 71; 'Trustees for Vincennes
University v. State of Indiana, 14 How., 268; 3Curran v. State of
Arkansas et al., 15 How., 304; 3State Bank of Ohio v. Knoop, 16
How., 369; 2Carpenter et al. v. Commonwealth of Pennsylvania,
17 Plow., 456; 3Dodge v. Woolsey, 18 How., 331; 3Beers v. State
of Arkansas, 20 Plow., 527; 3Aspimvall et al. v. Commissioners of
County of Daviess, 22 How., 364; 3Rector of Christ Church, Phila
delphia, v. County of Philadelphia, 24 Plow., 300; 3Howard u. Bugbee, 24 How., 461; 3Jefferson Branch Bank v. Skelley, 1 Black,
436; *Franklin Branch Bank v. State of Ohio, 1 Black, 474; 3Trustees of the Wabash and Erie Canal Company v. Beers, 2 Black,
448; 3Gilman V. Citv of Sheboygan, 2 Black, 510; 3Bridge Proprie
tors v. Hoboken Company, 1 Wall., 116; 3Hawthorne v. Calef, 2
Wall., 10; 3The Binghamton Bridge, 3 Wall., 51; 3The Turnpike
Company v. The State, 3 Wall., 210; *Locke v. City of New Orleans,
Constitution o f the United States.
4 Wall., 172; 3Railroad Company v. Rock, 4 Wall., 177; Cum
mings v. State of Missouri, 4 Wall., 277; 2Ex parte Garland, 4
Wall., 333; 3Von Hoffman v. City of Quincy, 4 Wall., 535; 3Mulli
gan v. Corbin, 7 Wall., 487; 3Furman v. Nichol, 8 Wall., 44; 3Home
of the Friendless v. Rouse, 8 Wall., 430; 3The Washington Univer
sity v. Rouse, 8 Wall., 439; 3Butz v. City of Muscatine, 8 Wall.,
575; 3Dreliman v. Stifle, 8 Wall., 595; 3Hepburn v. Griswold, 8 Wall.,
603; 2 Gut v. The State, 9Wall., 35; 3Railroad Company v. McClure,
10 Wall., 511; 3Parker v . Davis, 12 Wall., 457; 3Curtis v. Whiting,
13 Wall., 68; 3Pennsylvania College Cases, 13 Wall., 190; 3Wil
mington R. R. v. Reid, sheriff, 13 Wall., 264; 3Salt Company V.
East Saginaw, 13 Wall., 373; 3White v. Hart, 13 Wall., 646; 30 sborn
v. Nicholson et al., 13 Wall., 654; 3Railroad Company v. Johnson, 15
Wall., 195; 3Case of the State Tax on Foreign-held Bonds, 15 Wall.,
300; 3Tomlinson v. Jessup, 15 Wall., 454; 3Tomlinson v. Branch, 15
Wall., 460; 3Miller v. The State, 15 Wall., 478; 3Holyoke Company
v. Lyman, 15 Wall., 500;3Gunn v. Barry, 15 Wall., 610;3Humphrey
v. Pegues, 16 Wall., 2^4; 3Walker v. Whitehead, i6Wall.,3i4; 3Sohn
v. Waterson, 17 Wall., 596; 3Barings v. Dabney, 19 Wall., 1; 3Head
v. The University, 19 Wall., 526; 3Pacific R .R . Co. v. Maguire, 20
Wall., 36; 3Garrison v. TheCity of New York, 21 Wall., 196; 3Ociiiltree v. The Railroad Company,.21 Wall., 249; 3Wilmington, &c.,
Railroad v . King, ex., 91 U. S., 3; 3County of Moultrie v. Rocking
ham Ten Cent Savings Bank, 92 U. S., 631; 3Home Insurance Com
pany v. City Council of Augusta, 93 U. S., 116; 3West Wisconsin R.R.
Co. v. Supervisors, 93 U. S., 595; Murray v. Charleston, 96 U. S.,
432; Edwards v. Kearzey, 96 U. S., 595; Keith v. Clark, 97 U. S.,454;
Railroad Co. v. Georgia, 98 U. S., 359; Sinking Fund Cases, 99 U. S.,
700; Railroad Co. v. Tennessee, 101 U. S., 337; Wright v. ^'agle,
101 U. S., 791; Stone v. Mississippi, 101 U. S., 814; Railroad Co. v.
Alabama, 101 U. S., 832; Louisiana v. New Orleans, 101 LT S., 203;
.
Hall v. Wisconsin, 103 U. S., 5; Pennyman’s Case, 103 U. S., 714;
Guaranty Co. v. Board of Liquidation, 105 U. S., 622; Greenwood v.
Freight Co., 105 U. S., 13; Kring v. Missouri, 107 U. S., 221; Louisi
ana v. New Orleans, 109 U. S., 285; Gilfillan v. Union Canal Co., 109
U. S., 401; Nelson v. St. Martin’s Parish, 111 U. S., 716; Chic. Life
Ins. Co. v. Needles, 113 U. S., 574; Virginia Coupon Cases, 114 U. S.,
270; Allen, Auditor, et al., v. B. & O. R. R. Co., 114 U. S., 311;
Amy v. Shelby Co., 114 U. S., 387; Effinger v. Kenney, 115 U. S.,
566; N. Orleans Gas Co. v. La. Light Co., 115 U. S., 650; N.
Orleans Water Works v. Rivers, 115 U. S., 674; Louisville Gas
Co. v . Citizens’ Gas Co., 115 U. S., 683; Fisk v. Jefferson Police Jury,
1 16 U. S., 131; Stone v. Farmers’ Loan and Trust Co., 116 U. S., 307;
Stone v. 111 . Central R. R. Co., 116 U. S., 347; Royall v. Virginia,
116 U. S., 572; St. Tammany Water Works v. N. Orleans Water
Works, 120 U. S., 64; Church v . Kelsey, 121 U. S., 282; Lehigh
Water Co. v. Easton, 121 U. S., 388; Seibert v. Lewis, 122 U. S.,
284; N. Orleans Water Works v. La. Sugar Ref. Co., 125 U. S., 18;
Maynard v. Hill, 125 U. S., 140; Jaehne V. N. Y., 128 U. S., 189;
Denny v. Bennett, 128 U. S., 489; Chinese Ex. Case, 130 U. S., 588;
Williamson v. N. J., 130 U. S., 189; Hunt v. Hunt, 131 U. S., clxv;
Freeland v. Williams, 131 U. S., 405; Campbell v. Wade, 134 U. S.,
34; Penna. R. Rd. Co. v. Miller, 134 U. S., 75; Hans v. Louisiana,
134 U. S., 1; North Carolina Temple, 134 U. S., 22; Crenshaw v.
U. S., 134 U. S., 99; Louisiana ex rel. The N. Y. Guaranty and In
demnity Co. v. Steele, 134 U.S., 280; Minneapolis Eastern Rwy. Co.
Constitution of the United States.
205
v. Minnesota, 134 U. S., 467; Hill v. Merchants’ Ins. Co., 134 U. S.,
515; Medley, petitioner, 134 U. S., 160; Cherokee Nation v. Kansas
Ry. Co., 135 U. S., 641; Virginia Coupon Cases, 135 U. S., 662; Mor
mon Church v. U. S., 136 U. S., 1; Wheeler v. Jackson, 137 U. S.,
245; Holden v. Minnesota, 137 U. S., 483; Sioux City Street Rail
way Co. v. Sioux City, 138 U. S., 98; Cook v. U. S., 138 U. S., 157;
Belmont Bridge Co. v. Wheeling Bridge Co., 138 U. S., 287; Cook
County v. Calumet and Chicago Canal Co., 138 U. S., 635; Pennoyer v. McConnaughy, 139 U. S., 1; Scotland County Court v.
Hill, 139 U. S., 41; Scott v. Neely, 139 U. S., 106; Essex Public
Road Board v. Shinkle, 140 U. S., 334; Stein v. Bienville Water
Supply Co., 141 U. S., 67; Henderson Bridge Co. v. Henderson,
141 U. S., 679; New Orleans v. N. O. Water W’ks, 142 U. S., 79;
Pacific Plx. Co. v. Seibert, 142 U. S., 339; N. O. City & Lake R. Rd.
Co. v. New Orleans, 143 U. S., 192; Winona & St. Peter R. Rd. Co.
v. Plainview, 143 U. S ., 371; Louisville Water Co. v. Clark, 143 U. S.,
1; N. Y. v. Squire, 145 U. S., 175; Brown v. Smart, 145 U. S., 454;
Baker’s Exrs. v. Kilgore, 145 U. S., 487; Morley v. Lake Shore &
Mich. Southern Ry. Co., 146 U. S., 162; Hamilton, Ga., Ltd., Coke
Co. v. Hamilton, 146 U. S., 258; Wilmington & Weldon R. Rd. Co. v.
Alsbrook, 146 U. S., 279; Butley v. Gorley, 146 U. S., 303; Ills. Cent.
R. Rd. v. Ills., 146 U. S., 387; Morley v. Lake Shore & Mich. So.
Rwy. Co., 146 U. S., 162; Hamilton Gas L ’t Co. v. Hamilton City,
146 U. S., 258; Wil. & Wei. R. R. Co. v. Alsbrook, 146 U. S., 279;
111 . Cent. R. Rd. Co. v. Illinois, 146 LT S., 387; Bier v. McGehee.
.
148 U. S., 137; Schurz v. Cook, 148 U. S., 397; Eustis v. Bolles, 150
U. S., 361; Duncan v. Missouri, 152 U. S., 377; Israel v. Arthur,
152 U. S., 355; New Orleans v. Benjamin, 153 U. S., 411; Eagle
Ins. Co. v. Ohio, 153 U. S., 446; Erie R. Rd. v. Penna., 153 U. S.,
628; Mobile & Ohio R. Rd. v. Tenn., 153 U. S., 486; Pittsburgh &
So. Coal Co. v. La., 156 U. S., 590; U. S. ex rel. Siegel v. Thoman,
156 U: S., 353; City and Lake R. Rd. v. N. O., 157 U. S., 219;
Central Land Co. v. Laidley, 159 U. S., 103; Winona & §t. Peter
Land Co. v. Minn., 159 U. S., 52S; Bank of Commerce v. Tenn.,
161 U. S., 134; Baltzer v. N. C., 161 U. S., 240; Pearsall v. Great
Northern Ry. Co., 161 U. S., 646; Louisville, &c., R. R. Co. v. Ken
tucky, 161 U. S., 677; Woodruff v. Miss., 162 U. S., 291; Gibson v.
Miss., 162 U. S., 565; Barnitz v. Beverly, 163 U. S:, 118; Hanford
v. Davies, 163 U. S., 273; Covington, &c., Turnpike Co. v. Sanford,
164 U. S., 578; St. Louis, &c., Ry. Co. v. Mathews, 165 U. S., 1;
Allgeyer v. Louisiana, 165 U. S., 578; Grand Lodge v. New Orleans,
166 U. S., 143; Long Island, &c., Co. v. Brooklyn, 166 U. S., 685;
Sliapleigli v. San Angelo, 167 U. S., 646; Water Power Co. v. Water
Commissioners, 168 U. S., 349; Douglas v. Kentucky, 168 U. S.,
488; Hawker v. New York, 170 U. S., 189; Galveston, &c., Ry.
Co. v. Texas, 170 U. S., 226; Houston, &c., Ry. Co. v. Texas, 170
U. S., 243; Williams v. Eggleston, 170 U. S., 304; Thompson v.
Utah, 170 U. S., 343; Chicago, &c., R. R. Co. V. Nebraska, 170
U. S., 57; Laclede Gas Light Co. v. Murphy, 170 U. S., 78; Louis
ville Water Co. V. Kentucky, 170 U. S., 127; Thompson v. Missouri,
171 U. S., 380; Walla Walla v. Walla Walla Water Co., 172
U. S., 1; McCullough V. Ya., 172 U. S., 102; Covingtons. Ken
tucky, 173 U. S., 231; Citizens Savings Bank v. Owensboro,
173 U. S., 636; Henderson Bridge Co. v. Henderson City, 173
U. S., 592; Adirondack Ry. v. New York, 176 U. S., 335; Walsh
v. Columbus, &c., R. R. Co., 176 U. S., 469; Looker v. May
Constitution of the United States.
nard, 179 U. S., 46; Stearns v. Minn., 179 U. S., 223; McDonald
v. Massachusetts, 180U. S., 311; St. Paul Gas Light Co. v. St.
Paul, 181 U. S., 142; Bedford v. Eastern, &c., Association, 181
U. S., 227; Red River Valley Bank v. Craig, 181 U. S., 548; Mallett v. North Carolina, 181 U. S., 589; Knoxville Iron Co. v. Harbison, 183 U. S., 13; Orr v. Gilman, 183 U. S., 278; Louisville, &c.,
R. R. Co. v. Kentucky, 183 U. S., 503; Wilson v. Iseminger, 185
U. S., 55; Vicksburg Waterworks Co. v. Vicksburg, 185 U. S., 65;
Northern Central Ry. Co. v. Maryland, 187 U. S., 258; Oshkosh
Waterworks Co. v. Oshkosh, 187 U. S., 437; Transportation Co. v.
Mobile, 187 U. S., 479; Diamond Glue Co. v. U. S. Glue Co., 187
U. S., 611; Weber v. Rogan, 188 U. S., 10; Blackstone v. Miller,
188 U. S., 1S9; Reetz v. Michigan, 188 U. S., 505; Waggoner v.
Flack, 188 U. S., 595J Zane v. Hamilton County, 189 U. S., 370;
Knoxville Water Co. v. Knoxville, 189 U. S., 434; Joplin v. Light
Co., 191 U. S., 150; Owensboro V. Owensboro Waterworks Co., 191
U. S., 358; Wisconsin & Michigan Ry. Co. v. Powers, 191 U. S.,
379; Deposit Bank v. Frankfort, 191 U. S., 499; Citizens Bank v.
Parker, 192 U. S., 73; Stanislaus County V. San Joaquin C. & I. Co.,
192 U. S., 201; Grand Rapids & Indiana Ry. Co. V. Osborn, 193
U. S., 17; Underground Railroad v. City of New York, 193 U. S.,
416; Newburyport Water Co. V. Newburyport, 193 U. S., 561; Na
tional Mutual B. & L. Assn. v. Brahan, 193 U. S., 635; Wright v.
Minn. Mutual Life Ins. Co., 193 U. S., 657; Peoples Gas Light &
Coke Co. v. Chicago, 194 U. S., 1; Pacific Electric Ry. Co. v. Los
Angeles, 194 U. S., 112; Hooker v. Burr, 194 U. S., 415; Cleveland
v. Cleveland City Ry^Co., 194 U. S., 517; Bradley v. Liglitcap, 195
U. S., 1; Helena, &c., Co. v. Helena, 195 U. S., 383; Rooney v.
North Dakota, 196 U. S., 319; Worcester v. Street Ry. Co., 196
U. S., 539; Dawson v. Columbia Trust Co., 197 U. S., 178; Savan
nah, &c., Ry. v. Savannah, 19S U. S., 392; Knights of Pythias v.
Meyer, 198 U. S ., 508; Metropolitan Street Ry. Co. V. New York,
499 U. S., 1; Brooklyn City R. R. Co. v. NewT York, 199 U. S., 48;
Kies v. Lowrey, 199 U. S., 233; Tampa Water Works v. Tampa,
199 U. S., 241; Graham v. Folsom, 200 U. S., 24S; West Chicago
R. R. v. Chicago, 201 U. S., 506; Cleveland v. Cleveland Electric
Ry., 201 U. S., 529; Powers v. Detroit, &c., Rv., 201 U. S., 543;
Devine v. Los Angeles, 202 U. S., 313; Vicksburg v. Waterworks
Co., 202 U. S., 453; National Council v. State Council, 203 U. S.
151; Mercantile Trust Co. v. Columbus, 203 U. S., 311; Offield v.
N. Y., N. H. & H. R. R., 203 U. S., 372; Fair Haven R. R. v.
New Haven, 203 U. S., 379; American Smelting Co. v. Colorado,
2Q U. S., 103; Cleveland R. R. Co. v. Cleveland, 204 U. S.,
4
116; Rochester R. R. Co. v. Rochester, 205 U. S., 236; Clianler v. Kelsey, 205 U. S., 466; Smith v. Jennings, 206 U. S., 276;
Vicksburg v. Vicksburg Water Works Co., 206 U. S.,496; Bemlieimer v. Converse, 206 U. S., 516; Sauer v. New York, 206 U. S.,
536; Hunter v. Pittsburg, 207 U. S., 161; Polk v. Mutual Resene
Assn., 207 U. S., 310; Bank of Kv. v. Ky., 207 U. S., 258; Water,
Light & Gas Co. v. Hutchinson, 207 U. S.,385; Sullivan v. Texas,
207 U. S., 416; Braxton County Court v. W. Va. ex rel. Dillon, 208
U. S., 192; Cosmopolitan Club v. Va., 20S U. S., 378; Jetton v.
University of the South, 208 U. S., 489; N. P. R. R. Co. v. Min
nesota ex rel. Duluth, 208 U. S., 583; Hudson County Water Co.
v. McCarter, 209 U. S., 349; Yazoo & Miss. R. R. Co. v. Vicksburg,
209 U. S., 358; Mobile, J. & K. C. R. R. Co. v. Miss., 210 U. S., 187;
Constitution of the United States.
207
S t. L o u is v. U n ited R a ilw a y s C o ., 2x0 U . S ., 266; B erea C o lle g e v.
K y ., 2 1 1 U . S . , 4 5 ; H om e T e l. Co.
L o s A n g e le s, 2 1 1 U. S ., 265;
M c L e a n v. A rk a n sa s, 2 1 1 U . S ., 539 ; H am m o n d P a c k in g Co. v.
A rk a n sa s, 2 12 U. S ., 3 2 2 ; D es M o in es
C ity R y . C o ., 2 14 U. S .,
179 ; S t. P ., M . & M . R y . C o.
M in n ., 2 14 U . S ., 497; H u b e rt
N e w O rlean s, 2 15 U. S ., 17 0 ; S c o tt C o u n ty R o a d Co.
H in e s, 2 15
U . S ., 336 ; H e n le y v. M y e rs, 2 15 U . S ., 37 3; M in n e a p o lis v. S tre e t
R y . C o ., 2 15 U. S ., 4 17 ; G . N . R y . C o.
M in n eso ta, 2 16 U. S . 206;
G . W . R y . Co. v. M in n eso ta, 2 16 U . S ., 234; M . P. R y . C o. v. K a n s a s ,
2 16 U . S ., 262; W rig h t
G a . R . R . & B a n k in g C o ., 2 16 U . S ., 420;
F r e lls e n & Co. v. C ra n d ell, 2 1 7 U . S ., 7 1 ; L i n g S u F a n v. U. S .,
2 18 U. S „ 30 2 ; A r k . S o . R y . C o.
L a . & A r k . R y . C o ., 2 18 U . S .,
4 3 1 ; G riffith v. C o n n ecticu t, 2 18 U. S ., 56 3; N o b le S ta te B a n k v.
H a s k e ll, 2 19 U . S ., 104; S h a lle n b e r g e r
F ir s t S ta te B a n k , 2 19
U . S ., 1 1 4 ; K y . U n io n Co.
K v . , 2 19 U . S ., 140; H o u se
M ayes,
v.
v.
v.
v.
v.
v.
v.
V.
v.
v.
v.
219 U. S., 270; L. & N. R. R. Co. v. Mottley, 219 U. S., 467; C.,
B. & Q. R. R. Co. v. McGuire, 219 U.S., 549; J. W. Perry Co. v.
Norfolk, 220 U. S., 472; Shawnee Sewerage & Drainage Co. v.
Stearns, 220 U. S., 462; G. T. W. Ry. Co. v. Indiana R. R. Coinm.,
221 U. S., 400; Texas & N. O. R. R. Co. v. Gross, 221 U. S., 417; Fifth
Avenue Coach Co. v. N. Y., 221 U. S., 467; B. & O. R. R. Co. v.
Interstate Com. Comm., 221 U. S., 612; Second Employers’ Lia
bility Cases, 223 U. S., 1; City of Cincinnati v. L. & N. R. R. Co.,
223 U. S., 390; Reitler v. Harris, 223 U. S., 437; Consumers’ Co. v.
Hatch, 224 U. S., 148; Cross Lake Club v. La., 224 U. S., 632; Louis
ville v. Cumberland Tel. Co., 224 U. S., 649; Central Lumber Co.
v. South Dakota 226 U. S., 157; National Surety Co. v. Architec
tural Co.; 226 U. S., 276; Murray v. Pocatello, 226 U. S., 318; Wil
liams v. Talladego, 326 U. S., 404; Pittsburg Steel Co. v. Baltimore
Equitable Society, 226 U. S., 455; Schmidinger v. Chicago, 226
U. S., 578; Ross v. Oregon, 227 U. S., 150; Fraternal Mystic Circle
v. Snyder, 227 U. S., 497; Grand Trunk Western Ry. Co. v. South
Bend, 227 U. S., 544; Southern Pacific Co. v. Portland, 227 U. S.,
559; Abilene National Bank v. Dolley, 228 U. S., 1; Chicago, B. &
Q. R. R. Co. v. Cram, 228 U. S., 70; Chicago, B. & Q. R. R. Co., v.
Kyle, 228 U. S., 85; Detroit United Railway v. Detroit, 229 U. S.,
39; Denver v. New York Trust Co., 229 U. S., 123; Lem Woon v.
Oregon, 229 U. S., 586; Owensboro v. Cumberland Telephone Co.,
230 U.. S., 58; Boise Water Co. v. Boise City, 230 U. S., 84; Old
Colony Trust Co. v. Omaha, 230 U. S., 100; Allen v. St. Louis, I. M.
&S. Ry. Co., 230 U. S., 553; Clement National Bank v. Vermont, 231
U. S., 120; Louisville & Nashville R. R. Co. v. Garrett, 231 U. S., 298;
Sturges & Burn Mfg. Co. v. Beauchamp, 231 U. S., 320; National
Safe Deposit Co. v. Illinois, 232 U. S., 58; Alabama v. Schmidt, 232
U. S., 168; Harrison v. St. L. &San Francisco R. R., 232 U. S. 318;
Farmers Bank v . Minnesota, 232 U. S., 516; Atlantic Coast Line v.
Goldsboro, 232 U. S., 548; Riley v . Massachusetts, 232 U. S,, 671;
Russell v . Sebastian, 233 U. S., 195; Carondelet Canal &Nav.Co. v.
Louisiana, 233 U. S., 362; German Alliance Ins. Co. v . Kansas, 233
U. S.,389; ErieR. R. Co. v. Williams, 233 U. S., 685; Moore-Mansfield
Co. v. Electrical Co., 234 U. S., 619; Willoughby v. Chicago, 235
U. S., 45; Cleveland & Pittsburgh R. R. v. Cleveland, 235 U. S.,
50; Louisiana Ry. & Nav. Co. v. New Orleans. 235 U. S., 164; N. Y.
Electric Lines v . Empire Subway Co., 235 U. S., 179; Coppage v .
Kansas, 236 U. S., 1; Yost v. Dallas County, 236 U. S., 50; Ramapo
Water Co. v . City of New York, 236 U. S., 579; New Orleans Tax
Constitution of the United States.
208
v.
v.
P ayers
S e w e ra g e B o a rd , 237 U . S . , 3 3 ; M allo y
S o u th C aro lin a,
237 U . S ., 18 0 ; F r a n k
M angu m , 237 U . S ., 309.
v.
2No State shall, without the Consent of the Congress, lay
any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing it’s inspection Laws:
and the net Produce of all Duties and Imposts, laid by any
State 011 Imports or Exports, shall be for the Use of the Treas
ury of the United States; and all such Laws shall be subject to
the Revision and Control of the Congress.
M c C u llo c h v. M d ., 4 W h ., 3 1 6 ; G ib b o n s v. O gd en , 9 W h ., 1 ;
B ro w n v. M d ., 12 W h ., 4 19 ; M a g e r v. G rim a et a l., 8 H o w ., 490;
C o o ley v . B o ard o f W ard en s o f P o rt o f P h ila d e lp h ia et a l., 12
H o w ., 299; A lm y v. C a l., 24 H o w ., 16 9 ; L ic e n s e T a x C ases, 5
W a ll., 462; C ra n d a ll v . S ta te o f N e v a d a , 6 W all.,- 3 5 ; W a rin g v.
T h e M a y o r, 8 W a ll., n o ; W o o d ru ff
P e rh a m , 8 W a ll., 12 3 ; H in
son v. L o tt, 8 W a ll., 14 8; S ta te T o n n a g e T a x C ases, 12 W a ll.,
204; S ta te T a x on R a ilw a y G ro ss R e c e ip ts, 15 W a ll., 2S4; In m a n
S. S. Co. v . T in k e r , 94 U. S., 238; C o o k v. P a ., 97 U. S., 566; P a c k et
C o. v. K e o k u k , 95 U . S., 80; T u rn e r v. M d ., 10 7 U . S ., 38; P eo
p le
C o m p a g n ie G d n e ra le T r a n s a tla n tiq u e , 10 7 U. S ., 59; B ro w n v .
H o u sto n , 1 1 4 U . S . , 622; C oe
E r r o l, 1 1 6 U . S ., 5 1 7 ; T u rp in
B u rg ess, 1 1 7 U . S ., 504; P ittsb u rg h & S o . C o al C o. v. B a tes, 156
U . S ., 5 7 7 ; P ittsb u rg h & S o . C o al Co.
L a ., 15 6 U . S . , 590; S c o tt
D o n ald , 165 U . S ., 58; P atap sco G u a n o C o.
N . C ., 1 7 1 U . S .,
34 5; M a y & C o. v. N e w O rlean s, 17 8 U. S ., 496; D o o le y v. U. S .,
18 3 U . S ., 1 5 1 ; C o rn ell
C o y n e , 19 2 U . S ., 4 18 ; A m . S te e l &
W ire C o.
S p e e d , 192 U . S . , 500; D ., L . & W . R . R . C o.
P a .,
19 8 U . S ., 3 4 1 ; N ew M e x ic o e x re l. M c L e a n v. D e n v e r & R . G .
R . R . C o ., 203 U. S . , 38 ; N . Y . e x re l. B u rk e
W e lls,
8 U . S .,
14 ; S e llig e r v. K y . , 2 1 3 U . S ., 200; F a rm e rs B a n k v. M in neso ta, 232
U . S . , 5 16 ; M u tu al F ilm C orp. v. K a n s a s , 236 U . S . , 248.
v.
v.
v.
v.
v.
v.
v.
v.
V.
v.
v.
2
3 No State shall, without the Consent of Congress, lay any
duty of Tonnage, keep Troops, or Ships of War in time of Peace,
enter into any Agreement or Compact with another State, or
with a foreign Power, or engage in War, unless actually
invaded, or in such imminent Danger as will not admit of
delay.
G ree n v . B id d le , 8 W h ., 1 ; P o o le et a l. v. T h e L e s s e e o f F le e g e r
et a l., 1 1 P e t., 18 5 ; C o o le y v. B o ard o f W a rd en s o f P o rt o f P h ila d e l
p h ia et a l., 12 H o w ., 299; P eete
M o rg a n , 19 W a ll., 5 8 1 ; C an n o n
N e w O rlean s, 20 W a ll., 5 7 7 ; In m a n S . S . C o. v . T in k e r , 94 U . S .,
238 ; P a c k e t C o. v. K e o k u k , 95 U . S . , 80; T ra n sp o rta tio n C o. v .
W h e e lin g , 99 U . S . , 2 73; P a c k e t C o. v. S t. L o u is , 10 0 U . S . , 4 23;
•V ick sb u rg v. T o b in , 100 U . S . , 430; P a c k e t C o. v . C a tle ttsb u rg ,
10 5 U. S . , 559 ; W ig g in s F e r r y C o. v . E a s t S t. L o u is, 10 7 , U . S .,
365; T ran sp o rtatio n C o. v . P a rk e rs b u rg , 10 7 U . S ., 6 9 1; l ’ resser v .
v.
v.
Constitution of the United States.
v.
209
v.
Illin o is, 1 1 6 U . S . , 252; M o rg a n
L a ., 1 1 8 U. S ., 455; H u se
G lo v e r, 1 1 9 U . S ., 54 3; O u ach ita P a c k e t Co.
A ik e n , 1 2 1 U. S .,
444; In d ia n a
K y . , 13 6 U. S ., 479; H arm o n
C h ic a g o , 147
U. S ., 396; V a.
T e n n ., 148 U . S . , 50 3; W h arto n .
W ise, 15 3
U. S ., 15 5 ; S t. L . , & c ., R y . Co.
Ja m e s, 1 6 1 U. S ., 54 5; N orth
C aro lin a
T en n essee, 235 U . S . , 1 .
v.
v.
v.
v.
v.
v.
v.
A R T IC L E II.
S e c t i o n i . 1 The executive Power shall be vested in a Presi
dent of the United States of America. He shall hold his Office
during the Term of four Years, and, together with the VicePresident, 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 the Congress: but no Senator or Represent
ative, or Person holding an Office of Trust or Profit under the
United States, shall be appointed an Elector.
v.
v.
C h ish o lm , e x .,
G e o rg ia , 2 D a li., 4 19 ; L e ite n s d o rfe r et a l.
W eb b , 20 H o w ., 176 ; E x p arte S ie b o ld , 100 U. S ., 2 7 1; In re G ree n ,
13 4 U. S ., 3 7 7 : M c P h e rso n
B la c k e r, 146 U. S ., 1.
v.
* [T h e 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 with themselves.
And they shall
make a List of all the Persons voted for, and of 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 counted.
The Person having the greatest Number of
Votes shall be the President, if such Number be a Majority
of the whole Number of Electors appointed; and if there be
* This paragraph has been superseded by the twelfth amendment, pages
2 33 - 234-
Constitution of the United States.
210
more than one who have such Majority, and have an equal
Number of Votes, then the House of Representatives shall im
mediately chuse 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 chuse the President.
But
in chusing the President, the Votes shall be taken by States,
the Representation from each State having one Vote; A quo
rum 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 chuse from them by Ballot the Vice-President.]
3The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their Votes;
which Day shall be the same throughout the United States.
4
No person except a natural born Citizen, or a Citizen of the
United States, at the time of the Adoption of this Constitution,
shall be eligible to the Office of President; neither shall any
Person be eligible to that Office who shall not have attained to
the Age of thirty-five Years, and been fourteen Years a Resident
within the United States.
E n g lis h
v. T h e
T ru stee s o f th e S a ilo r s ’ S n u g H a rb o r, 3 P e t., 99.
s 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 the Congress may by Law provide for the Case
of Removal, Death, Resignation or Inability, both of the Presi
dent 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.
Constitution o f the United States.
6The President shall, at stated Times, receive for his Serv
ices, a Compensation, which shall neither be encreased 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.
P o llo c k
v.
F a r m e r s ’ L o a n & T ru s t C o ., 15 7 U. S ., 429.
7Before 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 faithfully execute the Office of President of
the United States, and will to the best of my Ability, preserve,
protect and defend the Constitution of the United States.”
In re N e a g le , 13 5 U . S ., x.
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 Par
S e c t io n 2.
dons for Offenses against the United States, except in Cases
of Impeachment.
v.
U n ited vStates
W ilso n , 7 P e t., 15 0 ; E x p arte W illia m W ells, 18
H o w ., 307; E x p arte G a rla n d , 4 W a ll., 3 3 3 ; A r m str o n g ’s F o u n d ry ,
6 W a ll., 766; T h e G ra p e S h o t, 9 W a ll., 12 9 ; U n ited S ta te s
P ad elfo rd , 9 W a ll., 542; U n ited S ta te s
K le in , 1 3 W a ll., 12 8 ; A rm stro n g
T h e U n ited S ta te s, 1 3 W a ll., 15 2 ; P arg o u d
T h e U n ited S ta te s,
1 3 W a ll., 15 6 ; H a m ilto n
D illin , 21 W a ll., 7 3; M e c h a n ic s and
T ra d e r s ’ B a n k
U n io n B a n k , 22 W a ll., 276; L a m a r, e x .,
B ro w n e
e t a l . , 92 U. S ., 18 7 ; W a lla c li et al.
V a n R is w ic k , 92 U. S ., 202;
E u s tis
B o lle s, 15 0 U. S ., 3 6 1.
v.
v.
v.
v.
v.
v.
v.
v.
v.
3 He shall have Power, by and with the Advice and Con
sent of the Senate, to make Treaties, provided two-thirds of
the Senators present concur; and he shall nominate, and by
and with the Advice and Consent of the Senate, shall appoint
212
Constitution of the United States.
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 the Congress may
by Law vest the Appointment of such inferior Officers, as they
think proper, in the President alone, in the Courts of Law,
or in the Heads of Departments.
v.
v.
W are
H y lto n et a l., 3 D a li., 19 9 ; M a rb u ry
M ad iso n , r C r.,
13 7 ; U n ite d S ta te s
K ir k p a t r ic k , 9 W h ., 720; A m e ric a n In su ra n c e
C om pany
C a n te r (356 b ales co tto n ), 1 P e t., 5 1 1 ; F o s te r an d E la m
N e ilso n , 2 P e t., 2 5 3; C h ero k e e N a tio n
S ta te o f G e o rg ia , 5
P e t., 1 ; P atterso n
G w in n et a l., 5 P e t., 2 33; W o rcester
S ta te o f
G e o rg ia , 6 P e t., 5 1 5 ; C ity o f N e w O rlean s
D e A rm a s et a l., 9 P e t.,
224; H o ld en
J o y , 17 W a ll., 2 1 1 ; U n ited S ta te s v. G e rm a in e , 99
U . S .,5 0 8 ; U n ited S ta te s
C orson , 1 1 4 U . S ., 6 19 ; U n ited S ta te s
P e r k in s, 1 1 6 U. S !, 4 S3; U n ited S ta te s
R a u s c h e r, 1 1 9 U. S ., 407;
G e o fr o y v. R ig g s , 1 3 3 U. S . , 258; M orm on C h u rch V. U n ite d S ta te s.
1 3 6 U. S . , 1 ; H o r n e r .U n ite d S ta te s, 14 3 U . S ., 57 0 ; F ie ld
C la rk ,
14 3 U. S ., 649; S h o e m a k e r
U n ited S a te s, 14 7 U. S ., 282; P a rso n s
U n ited S ta te s, 16 7 U. S ., 324 ; R ic e
A m es, 180 U. S ., 3 7 1 ; D e L im a
B id w e ll, 182 U. S . , I ; D o o le y
U n ited S ta te s, 182 U . S ., 222.
D o w n es
B id w e ll, 182 U. S ., 244; F o u rte en D iam o n d R in g s V]
U n ited S ta te s, 18 3 U . S . , 176 ; D o rr
U n ited S ta te s, 19 5 U . S ., 13 8 :
D ic k
U n ited S ta te s, 208 .U. S ., 340.
v.
v.
v.
v.
v.
v.
v.
v.
v
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
v.
3The President shall have Power to fill up all Vacancies
that may happen during the Recess of the Senate, by grant
ing Commissions which shall expire at the End of their next
Session.
T h e U n ited S ta te s
v.
K ir k p a t r ic k et a l., 9 W h ., 720.
S e c t i o n 3. He shall from time to time give to the Con
gress Information of the State of the Union, and recom
mend to their Consideration such Measures as he shall judge
necessary and expedient; he may, on extraordinary Occasions,
convene both Houses, or either of them, and in Case of Disa
greement between them, with Respect to the Time of Adjourn
ment, he may adjourn them to such Time as he shall think
proper; he shall receive Ambassadors and other public Minis-
Constitution of the United States.
2 13
ters; he shall take Care that the Laws be faithfully executed,
and shall Commission all the Officers of the United States.
M a rb u ry v. M ad iso n , 1 C r., 13 7 ; K e n d a ll, P o stm a ster-G e n e ra l;
v. T h e U n ited S ta te s, 12 P e t., 524; L u th e r v. B o rd en , 7 H o w ., 1 ;
T h e S ta te o f M ississip p i v. Jo h n s o n , P resid en t, 4 W a ll., 4 75; S t e w
a rt v. K a h n , 1 1 W a ll., 493; In re N e a g le , 13 5 U. S ., 1 .
S e c t io n
4.
The President, Vice President and all civil
Officers of the United States, shall be removed from Office
on Impeachment for, and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors.
L a n g fo r d
v.
U n ited S ta te s, io i U . S . , 3 4 1.
A R T IC L E H I.
S
e c t io n
i
.
The judicial Power of the United States, shall
be vested in one supreme Court, and in such inferior Courts
as the Congress may front 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.
v.
v.
C h ish o lm , e x .,
G e o r g ia , 2 D a li., 4 19 ; S tu a rt
L a ir d , 1 C r.,
299; U n ite d S ta te s
P eters, 5 C r., 1 1 5 ; C o h en s
V ir g in ia , 6 C r.,
264; M a rtin
H u n te r’s L e ssee , 1 W h ., 304; O sborn
U n ited
S ta te s B a n k , 9 W h ., 738; B en n e r et al.
P o rter, 9 H o w ., 235; T h e
U n ite d Spates
R itc h ie , 17 H o w ., 5 2 5 ; M u r r a y ’s L e ssee et a l.
H o b o k en L a n d a n d Im p ro v e m e n t C o m p a n y , 18 H o w ., 272; E x
p arte V a lla n d ig h a m , 1 W a ll., 243; P e n n o y e r,
N e ff, 95 U. S ., 7 14 ;
U n ited S ta te s
U n io n P a c ific R a ilr o a d C o ., 98 U . S ., 569; M itc h
e ll
C la rk , 1 1 0 U . S . , 6 3 3; A m e s
K a n s a s , i n U. S ., 449; In
re L o n e y , 13 4 U . S ., 3 7 3 ; l u r e G ree n , 13 4 U . S ., 37 7 ; In re R o ss ,
14 0 U. S ., 4 53; M c A llis te r
U n ited S ta te s, 14 1 U. S ., 17 4 ; P o l
lo c k
F a n n e r s ’ L o a n & T ru s t C o ., 15 7 U . S ., 429; R o b e rtso n
B a ld w in , 165 U. S . , 275; D o w n es
B id w e ll, 182 U . S ., 244; H a n o v e r
N a tio n a l B a n k
M o y se s, 186 U . S . , 1 8 1 ; T u r n e r
W illia m s, 194
U . S . , 279; E x p arte W isn e r, 203 U . S . , 449; K a n s a s
C o lo rad o ,
206 U . S . , 46.
v.
v.
v.
v.
v.
v.
v.
e c t io n
2.
v.
v.
v.
v.
rTlie 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
lex Senators
v.
S
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Constitution of the United States.
214
made, under their Authority;—to all Cases affecting Ambas
sadors, 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 Citi
zens of another State;—between Citizens of different States;—
between Citizens of the same State claiming Lands under
Grants of different States, and between a State, or the Citi
zens thereof, and foreign States, Citizens or Subjects.
y.
v.
H a y b u r n ’s C ase (n o te ), 2 D a li.,4 x 0 ; C h ish o lm , e x . ,
G e o rg ia , 2
D a li., 4 19 ; G la s s et a l. v. S lo o p B e tse y , 3 D a li., 6; U n ited S ta te s V.
Da V e n g e a n c e , 3 D a li., 297; H o llin g s w o rth et a l.
V ir g in ia , 3
D a li., 378; M o ssm an , e x .,
H ig g in s o n , 4 D a li., 12 ; M a rb u ry
M ad iso n , 1 C r., 13 7 ; H e p b u rn et a l.
E llz e y , 2 C r., 444; U n ited
S ta te s
M o o re, 3 C r ., 15 9 ; S tr a w b r id g e et a l.
C u rtiss et a l . , 3 C r .,
267; E x p arte B o llm a n an d S w a rtw o u t, 4 C r., 7 5; R o se
H im e ly ,
4 C r., 2 4 1; C h a p p ed e la in e et a l.
D e c h e n a u x , 4 C r., 30 5 ; H op e
In su ra n c e C o m p an y
B o ard m an et a l., 5 C r., 5 7 ; B a n k o f U n ited
S ta te s
D e v a u x et a l., 5 C r., 6 1 ; H o d gso n et a l.
B o w e rb a n k et
a ls ., 5 C r., 30 3 ; O w in g s
N o rw o o d ’ s L e sse e , 5 C r., 34 4 ; D u ro u sseau
T h e U n ited S ta te s, 6 C r., 307; U n ited S ta te s
H u d so n an d G o o d
w in , 7 C r., 3 2 ; M a rtin v. H u n te r, 1 W h ., 304; C o lso n et a l. v. L e w is ,
2 W h ., 3 7 7 ; U n ited S ta te s . B e v a n s, 3 W h ., 336 ; C o h en s
V ir
g in ia , 6 W h ., 264; E x parte K e a rn e y , 7 W h ., 38 ; M a tth ew s
Zane,
7 W h ., 16 4 ; O sborn
U n ited S ta te s B a n k , 9 W h ., 738; U n ited
S ta te s
O rtega, 1 1 W li., 467; A m e ric a n In su ra n c e C o m p a n y
C a n te r (356 b a le s c o tto n ), 1 P e t., 5 1 1 ; Ja c k s o n
T w e n ty m a n , 2
P e t., 13 6 ; C h ero k e e N a tio n
S ta te o f G e o r g ia , 5 P e t., 1 ; S ta te o f
N ew Je rse y
S ta te o f N ew Y o r k , 5 P e t., 283; D a v is
P a c k a rd et
a l., 6 P e t., 4 1 ; U n ited S ta te s
A rred o n d o et a l., 6 P e t., 6 9 1; D a v is
P a c k a rd et a l., 7 P e t., 276; B re e d lo v e et a l.
N ic k o le t et a l., 7
P e t., 4 1 3 ; B ro w n
K e e n e , 8 P e t., 1 1 2 ; D a v is V. P a c k a rd et a l., 8
P e t., 3 1 2 ; C ity o f N e w O rlean s
D e A rm a s et a l., 9 P e t., 224; T h e
S ta te o f R h o d e Is la n d V. T h e C o m m o n w ealth o f M a ssa ch u se tts, 12
P e t., 657; T h e B a n k o f A u g u sta
E a r le , 13 P e t., 5 19 ; T h e C o m m er
c ia l an d R a ilr o a d B a n k o f V ic k s b u r g
S lo c o m b et a l., 14 P e t., 60;
S u y d a m et a l. V. B ro a d n a x , 14 P e t., 67; P r ig g V. T h e C o m m o n
w e a lth o f P e n n s y lv a n ia , 16 P e t., 530 ; L o u is v ille , C in c in n a ti and
C h a rle sto n R a ilw a y C o m p a n y
L e tso n , 2 H o w ., 497; C a ry et al.
C u rtis, 3 H o w ., 2 35 ; W a rrin g
C la r k , 5 H o w ., 4 4 1; L u t h e r
B o rd en , 7 H o w ., 1 ; S h e ld o n et a l.
S i ll, 8 H o w ., 4 4 1; T h e P ro
p e lle r G e n e se e C h ie f
F itz h u g h e t a l., 12 H o w ., 443; F re tz et a l.
B a ll et a l., 12 H o w ., 466; N e v e s et a l.
S c o tt et a l., 13 H o w .,
268; S ta te o f P e n n sy lv a n ia
T h e W h e e lin g , e tc ., B rid g e C o m p a n y
et a l., 1 3 H o w ., 5 1 8 ; M a rsh a ll
T h e B a ltim o re an d O h io R . R . C o .,
16 H o w ., 3 1 4 ; T h e U n ited S ta te s
G u th r ie , 17 H o w ., 284; S m ith
S ta te o f M a ry la n d , 18 H o w ., 7 1 ; Jo n e s e t a l.
L e a g u e , 18 H o w .,
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C onstitution of the U nited States.
v.
215
/6, M u rra y s L e ssee et al.
H o b o k en L a n d an d Im p ro v em en t
C o m p an y, 18 H o w ., 272; H y d e et a l.
S to n e , 20 H o w ., 170Irv in e
M a rs h a ll et a l., 20 H o w ., 558; F e n n
H o lm es, 2 1
H o w ., 4 8 r; M oorew ood et al.
E re q u is t, 23 H o w ., 4 9 1; C o m
m o n w ealth o f K e n t u c k y
D en n iso n , g o v e rn o r, 24 H o w ., 66O h io an d M ississip p i R a ilr o a d C o m p an y
W h e e le r, 1 B la c k ’
286; T h e S te a m e r S a in t L a w re n c e , 1 B la c k , 52 2 ; T h e P ro p e lle r
C o m m erce, 1 B la c k , 574; E x p arte Y a lla n d ig h a m , 1 W a ll., 243E x p arte M illig a n , 4 W a ll., 1 ; T h e M oses T a y lo r , 4 W a ll., 4 1 1 ’
S ta te o f M ississip p i
Jo h n s o n , P re sid e n t, 4 W a ll., 475- T h e H in e
z T re v o r, 4 W a ll., 5 5 5 ; C ity o f P h ila d e lp h ia
>
T h e C o llecto r, 5
W a ll., 720; vState o f G e o r g ia
S ta n to n , 6 W a ll., 50 ; P a y n e
S n ’ W a l1-’ 425 ; T h e A lic ia , 7 W a ll., 5 7 1 ; E x p a rte Y e r g e r , 8
W a ll., 85; In su ra n c e C o m p an v
D u n h am , 1 1 W a ll., i- V ir g in ia
- W e s t V irg in ia , ix W a ll., 39 ; C o al C o m p a n y
B la tc h fo rd , 1 1
W a ll., 17 2 ; R a ilw a y C o m p an y
V ’h itto n ’ s A d m ., 13 W a ll. 270T a r b le ’ s C ase, 13 W a ll., 397; B ly e w et al.
T h e U n ited S ta te s, 13
u a l l . , 5 S 1 ; D a v is . G r a y , 16 W a ll., 203; C ase o f th e S e w in g M ac h in e C o m p an ies, 18 W a ll., 3 5 3 ; In su ra n c e C o m p a n y
M o rse 20
W a|
4 4 5 ; V a n n e v a r B ry a n t, 21 W a ll., 4 r; T h e L o tta w a n n a , 21
W a ll., 558; G a in e s
E u e n te s e t a l . , 92 U. S ., 10 ; M ille r
D ow s,
94 U . S . , 444; D o y le C o n tin en tal In su ra n c e C o m p an y, 94 U . S '
535;^ T e n n essee
D a v is, 10 0 U. S . , 257; B a ld w in
F r a n k s , 12 0
U. S ., 678; B arro n
B u rn sid e , 1 2 1 U. S .. 186 ; S t. L o u is, Iro n M o u n
ta in an d S o u th e rn R a ilw a y
V ic k e r s , 12 2 U. S . , 360; C h in e se E x .
C ase, 130 I . S . , 5 8 1 ; B r o o k s M isso u ri, 1 2 4 U . S . , 394; N e w O rle a n s
W ate r W o rk s
L o u is ia n a S u g a r R e fin in g C o ., 12 5 U. S 18- S p e n
cer
M e rch a n t, 12 5 U . S ., 34 5; D a le T ile M fg . Co.
H y a tt 12 5
U. S ., 46; F e l i x
S c h a rn w e b er, 12 5 U. S ., 54; H a n n ib a l an d S t.
Jo se p h R . R .
M isso u ri R iv e r P a c k e t C o ., 12 3 U . S ., 260J K r e ig e r
S h e lb y R . R . C o ., 12 5 U . S ., 39; C ra ig v . L e iten sd o rfer, 12 7 U. S . ,
764; Jo n e s
C ra ig , 12 7 U . S ., 2 1 3 ; W isco n sin
P e lic a n In s. C o .,
12 7 U. S ., 265; U. S .
B eeb e, 12 7 U. S ., 338 ; C h in e se E x . C a se ’
J 3° '
S. , 5 8 1 ; L in c o ln C o u n ty
L u llin g , 13 3 U . S ., 529; C h ristia n
v . A tla n tic & N . C. R . R d . C o ., 13 3 U. S ., 2 33; H a u s
L o u isia n a ,
J34 U. S ., 1 ; L o u is ia n a e x rel. T h e X . Y . G u a ra n ty & Iu d e m n itv
Co.
S te e le , 13 4 U . S . , 2S0; Jo n e s
U. S ., 13 7 U* S ., 202- M aiic h e ste r
M a ss., 139 U. S ., 240; In re R o ss , 14 0 U . S ., 433- In
re G a rn e tt, 14 1 U. S ., 1 ; U . S .
T e x a s , 14 3 U. S „ 6 2 1; C o o k e
A v e r y , 14 7 U. S . , 37 5 ; V. P a c . Co.
S
D en to n , 146 U . S . , 202L a w to n
S te e le , 15 2 U. S ., 13 3 ; In te rsta te C om . C om sn .
B rin son, 154 U. S ., 447; S t. LouLs, e tc ., R v . C o.
Ja m e s, 16 1 U . S ., 545H a n fo r d
D a v ies, 16 3 U: S ., 2 73; F a llb ro o k Irrig a tio n D istric t
B ra d le y , 164 U. S ., 1 1 2 ; In re L e n n o n , 16 6 U. S ., 548; M e y e r
R ic h m o n d , 17 2 U . S ., 82; L a A b ra S ilv e r M in in g Co.
U. S ., 17 5
U. S . , 4 23; L o u is ia n a
T e x a s , 176 U. S . , 1 ; W estern U n io n T e le
g ra p h Co.
A n n A rb o r R . R . C o ., 178 U. S -, 239; S m ith
R e e v e s,
178 U . S . , 436; M otes
U. S ., 178 U. S ., 458; W ile y
S in k le r ,
17 9 U. S . , 58; M isso u ri
Illin o is , 180 U . S . , 208; E a ste rn B u ild in g
A sso ciatio n
W e llin g , 18 1 U . S ., 47; D e L im a
B id w e ll, 182 U. S .,
1 ; D o o le y
U. S . , 182 U. S ., 2 22 ; D o w n es
B id w e ll, 182 U . S .[
244; F o u rte e n D iam o n d R in g s
U. S ., 18 3 U . S ., 176 ; T u llo c k
M u lv a n e , 18 4 U. S . , 4971 P atto n
B ra d y , 18^4 U . S ., 608; V ic k sb u r g
W a te rw o rk s Co.
V ic k s b u r g , 18 5 U. S ., 65; K a n s a s
C o lo rad o ,
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2 l6
C onstitution of the U n ited States.
1 8 5 U . S . , 12 5 ; S w a ffo r d s . T em p leto n , 18 5 U . S ., 487; M o b ile T ra n s
p o rtatio n Co.
M o b ile , 18 7 U. S ., 479; A n d re w s v . A n d re w s, 188
U. S ., 14 ; H o o k e r
L o s A n g e le s , 188 U . S . , 3 1 4 ; C u m m in g s
C h ic a g o , 188 U. S ., 4 10 ; U n ited S ta te s
L y n a h , 18 8 U. S ., 445;
S c h a e fe r
W e rlin g , 188 U . S ., 5 1 6 ; N o rth e rn P a c ific R y . Co.
S o d e rb erg , 188 U. S ., 526; H e n n e ssy
R ic h a rd s o n D ru g C o ., 189
U. S . , 25; T h e R o a n o k e , 189 U. S ., 18 5 ; D etro it, & c ., R y , v. O s
b o rn , 189 U . S ., 38 3; G ile s v. H a rris , 189 U. S . , 4 75; P atterso n v.
B a r k E u d o ra , 190 U. S ., 16 9 ; C o n tin en tal N a tio n a l B a n k v. B u fo rd ,
19 1 17. S ., 1 1 9 ; H o w a rd
F le m in g , 19 1 U. S ., 12 6 ; D efian ce W ater
Co. v. D efian ce, 19 1 U. S ., 184 ; A r b u c k le v . B la c k b u r n , 19 1 U . S .,
405; D ep o sit B a n k
F ra n k fo r t, 19 1 U. S ., 499; S p e n c e r v. D u p la n
S i lk C o ., 19 1 U . S . , 526; W ab ash R . R . C o. v . P e a rce , 19 2 U . S .,
17 9 ; R o g e rs
A la b a m a , 192 U. S ., 226; S o u th D a k o ta v . N o rth
C aro lin a, 19 2 U . S . , 286; B a n k e r s ’ C a su a lty C o.
M in n , S t. P .,
& c ., R y ., 19 2 U . S ., 3 7 1 ; S p r e c k e ls S u g a r R e fin in g Co. v . M c C la in ,
19 2 U. S ., 397; U n d erg ro u n d R a ilr o a d
C ity o f N e w Y o r k ,
*93 U. S ., 4 16 ; M in n eso ta v . N o rth e rn S e c u ritie s C o ., 194 U . S .,
48; P a c ific E le c tr ic R y . Co. v . L o s A n g e le s , 194 U . S ., 1 1 2 ;
H ooker
B u rr, 194 U. S ., 4 1 5 ; C le v e la n d
C le v e la n d C ity R y .
C o ., 194 U . S ., 5 1 7 ; S te v e n so n v . F a in , 195 U. S ., 16 5 ; M ad iso n v ille T ra c tio n Co.
S t . B ern a rd M in in g C o ., 196 U. S ., 239;
Ja c o b so n
M a ssach u setts, 19 7 U. S ., 1 1 ; D aw so n v. C o lu m b ia
T ru st C o ., 197 U. S ., 17 8 ; L e o n a rd
V ic k s b u r g , & c ., R . R . C o.,
198 U . S ., 4 16 ; F a r r e ll
O ’ B rien , 19 9 U. S . , 89; S o u th C a ro lin a
U n ited S ta te s , 199 U. S . , 4 37; W a te r C o.
K n o x v ille , 200 U . S .,
22; C a rfe r
C a ld w e ll, 200 U . S ., 293; S e c u r itv M u tu a l L i f e In s.
C o.
P re w itt, 202 U . S ., 246; E x p arte W isn e r, 203 U. S ., 449;
K an sas
U n ite d S ta te s, 204 U. S ., 3 3 1 ; T h e W in n e b a g o , 205 U . S .,
35 4 ; S a u e r
N e w Y o r k , 206 U . S ., 536 ; L e e v . N e w Je r s e y , 207
U . S ., 67; O ld D o m in io n S . S . Co. v . G ilm o re , 207 U. S . , 398;
In re M oore, 209 U. S . , 490; S t. L . , I . M . & S . R . R . Co.
T a y lo r ’
2 10 U. S . , 2 8 1 ; B ere a C o lle g e v . K e n t u c k y , 2 1 1 U. S ., 4 5 ; N o rth
A m e ric a n C o ld S to r a g e Co.
C h ica g o , 2 1 1 U . S . , 306; W ilc o x
C o n so lid ated G a s C o ., 2 12 U . S ., 19 ; B o n n e r
G o n n a n , 2 12 U. S .,
86; W a te rs-P ierc e O il C o.
T e x a s , 2 12 U . S ., 1 1 2 ; A m e rica n E x
p ress C o. v . M u llin s , 2 12 U. S . , 3 1 1 ; A tc h iso n , T o p e k a & S a n ta F e
R y.
S o w e rs, 2 1 3 U. vS., 5 5 ; S m ith so n ia n In stitu tio n
S t. Jo h n ,
2 14 U . S . , 19 ; G o o d ric h
F e r r is , 2 14 U. S . , 7 1 ; A d am s E x p r e s s
Co. v . K e n t u c k y , 2 14 U . S . , 2 f8 ; W estern U n io n T e le g ra p h C o.
C h ile s, 2 1 4 U . S . , 274; O cean ic S te a m N a v ig a tio n Co.
S tra n a h a n ,
2 14 U. S . , 32 0 ; E l P aso & N o rth e a ste rn R y . C o.
G u tierrez, 2 15
U . S ., 87; W eem s
U n ited S ta te s, 2 17 U . S . , 349; M u s k ra t
U. S . , 2 19 U. S . , 346; R a in e y v. U . S . , 232 U . S . , 3 1 0 ; H arriso n v.
S t . L o u is & S a n F ra n c is c o R . R . C o ., 232 U. S . , 3 1 8 .
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3 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
the
all
other Cases before mentioned, the supreme Court shall have
appellate Jurisdiction, both as to Law and Fact, with such
Constitution o f the United States.
217
Exceptions, and under such Regulations as the Congress shall
make.
v.
v.
C h ish o lm , e x .,
G e o rg ia , 2 D a li., 4 19 ; W is c a r t e t a l.
D auch y,
3 I) a ll., 3 2 1 ; M a rb u ry
M ad iso n , 1 C r., 13 7 ; D u ro u sseau et al.
U n ite d S ta te s, 6 C r., 30 7; M a rtin
H u n te r’s L e ssee , 1 W h ., 304;
C o h en s
V ir g in ia , 6 W h ., 234; E x p arte K e a rn e y , 7 W h ., 38;
W aym an
S o u th a rd , 10 W h ., 1 ; B a n k o f th e U n ite d S ta te s
H a lste a d , 10 W li., 5 1 ; U n ited S ta te s
O rtega, 1 1 W h ., 467; T h e
C h ero k ee N atio n
T h e S ta te o f G e o rg ia , 5 P e t., 1 ; E x p arte C ran e
e t a l., 5 P e t., 189; T h e S ta te o f N ew Je r s e y
T h e S ta te o f N e w
Y o r k , 5 P e t., 283; E x p arte S ib b a ld
U n ited S ta te s, 12 P e t ., 488;
l'h e S ta te o f R h o d e Is la n d
T h e S ta te o f M assach u setts, 12 P e t.,
657; S ta te o f P e n n s y lv a n ia
T h e W h e e lin g , & c ., B rid g e C o m p an y,
1 3 P lo w ., 5 18 ; I11 re K a in e , 14 H o w ., 10 3 ; A b le m a n
B o o th an d
U n ited S ta te s
B o o th , 2 1 H o w ., 506; F re e b o rn
S m ith , 2 W a ll.,
160; E x p a rte M cC a rd le , 6 W a ll., 3 1 8 ; E x p arte M cC a rd le , 7
W a ll., 506; E x p arte Y e r g e r , 8 W a ll., 85; T h e L u c y , 8 W a ll., 307;
T h e Ju s tic e s
M u rra y , 9 W a ll., 274; P e n n s y lv a n ia
Q u ic k silv e r
C o m p an y, 10 W a ll., 5 5 3 ; M u rd o c k
C ity o f M em p h is, 20 W a ll.,
590;^ I h e “ F r a n c is W r ig h t,” 105 U. S . , 3 8 1 ; B o rs
P resto n , h i
U. S ., 252; A m e s
K a n s a s , i n U. S .,4 4 9 ; C ra ig
L e iten sd o rfer,
12 7 U. S . , 764; W isco n sin
P e lic a n In s. C o ., 12 7 U .S .,2 6 5 ; C lo u g h
C u rtis, 1 3 4 U. S . , 3 6 1 ; I11 re N e a g le , 13 5 U . S ., 1 ; U. S .
T exas,
14 3 U . S ., 6 2 1 ; M o b ile & O hio R . R d .
T e n n ., 15 3 U . S . , 486;
W o o d ru ff
M is s ., 16 2 U . S ., 2 9 1; M c C u llo u g h
Y a ., 17 2 U. S .,
10 2 ; L o u is ia n a
T e x a s , 17 6 U. S ., 1 ; M isso u ri
I llin o is & C h ic a g o
D is t., 18 0 U . S . , 208; W . W . C a rg ill Co.
M in n eso ta, 180 U . S . , 452;
W ilk e s C o u n ty
C o ler, 180 U. S ., 506; M a lle tt
N o rth C aro lin a,
1 8 1 U . S ., 589; K a n s a s
C o lo rad o , 185 U. S ., 12 5 ; M in n eso ta
H itc h c o c k , 185 U. S ., 3 7 3 ; U. S .
B itty , 208 U . S ., 39 3; U . S .
B a rb er, 2 19 U . S . , 72; F o r e R iv e r S h ip b u ild in g C o.
P la g g , 2 19
U . S ., 17 5 ; V ir g in ia
W est V ir g in ia , 220 U . S ., 1 ; O k lah o m a
A ., T . & S . F . , 220 U . S ., 2 77; O k lah o m a
G u lf, C ol. & S a n ta
F e , 220 U . S ., 290.
V.
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y.
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3The trial of all Crimes, except in Cases of Impeachment,
shall be by Ju r y ; and such Trial shall be held in the State
where the said Crimes shall have been committed; but when
not committed within any State, the Trial shall be at such Place
or Places as the Congress may by Law have directed.
v.
.
v.
v.
v.
E x p arte M illig a n , 4 W a ll., 2; B a rto n
B arb o u r, 10 4 U . S ., 12 6 ,
E x p arte W a ll., 10 7 U . S ., 265; C a lla n
W ilso n , 12 7 U . S ., 540;
N a s h v ille , C h attan o o g a, e tc ., R a ilw a y
A la b a m a , 12 8 U. S . , 9 6 ;
E ile n b e c k e r
P ly m o u th C o u n ty , 13 4 U . S . , 3 1 ; Jo n e s
u ! S .'
13 7 U. S ., 202; C o o k
U . S . , 13 8 U. S ., 15 7 ; In re R o ss, 14 0
U- S .,4 53; F o n g Y u T in g
U . S . , 149 U . S . , 698; I n re D ebs,
p e titio n e r, 15 8 U. S . , 564; T h o m p so n
U tah , 17 0 U . S ., 34 3 ; S c h ic k
U. S ., 19 5 U. S ., 65; D o rr
U . S . , 19 5 U. S . , 13 8 ; M a tte r o f
S tra u ss, 19 7 U. S . , 324 ; M a rv in
T ro u t, 199 U . S . , 2 1 2 ; M artin
T e x a s , 200 U . S ., 3 1 6 ; T in s le y
T re a t, 205 U . S . , 20; A rm o u r
v.
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v.
v.
v.
v.
v.
v.
Constitution o f the United States.
v.
v.
P a c k in g Co.
U. S ., 209 U. S ., 56; H a a s
H e n k e l, 2 16 U. S ., 462;
S h a p iro
U n ite d S ta te s, 235 U . S ., 4 1 2 ; M eek er & Co.
L e h ig h
V a lle y R . R . , 236 U . S . , 4 1 2 ; F r a n k
M an gu m , 237 U . S ., 309.
v.
v.
v.
S e c t i o n 3 . 1 Treason
against the United States, shall con
sist only in levying War against them, or, in adhering to their
Enemies, giving them Aid and Comfort. No Person shall be
convicted of Treason unless on the Testimony of two Witnesses
to the same overt Act, or on Confession in open Court.
v.
v.
v.
U n ited S ta te s
T h e In su rg e n ts, 2 D a li., 3 3 5 ; U n ite d S ta te s
M itc h e ll, 2 D a li., 348; E x p arte B o llm a n and S w a rtw o u t, 4 C r ., 7 5;
U n ited S ta te s
A a ro n B u rr, 4 C r., 469.
2The Congress shall have power to declare the Punishment
of Treason, but no Attainder of Treason shall work Corruption
of Blood, or Forfeiture except during the Life of the Person
attainted.
v.
v.
B ig e lo w
F o re s t, 9 W a ll., 339 ; D a y
M ico u , 18 W a ll., 15 6 ; E x
p arte L a n g e , 18 W a ll., 16 3 ; W a lla c h et a l.
V a n R is w ic k , 92 U. S .,
202.
v.
A R T IC L E IV.
Full Faith and Credit shall be given in each
State to the public Acts, Records, and judicial Proceedings of
every other State. And the Congress may by general Laws
S
e c t io n
i
.
prescribe the Manner in which such Acts, Records and Proceed
ings shall be proved, and the Effect thereof.
v.
v.
M ills
D u ry e e , 7 C r., 4 S 1; H am p to n
M cC o n n e l, 3 W h .,
234; M a y h e w
T h a tc h e r, 6 W h ., 12 9 ; D a r b y ’s L e ssee
M a y e r,
1 0 W h ., 465; U . S .
A in e d y , n W h ., 39 2 ; C a ld w e ll et a l.
C a r
rin g to n ’s H e irs , 9 P e t., 86; M ’ E lm o y le
C o h en , 1 3 P e t., 3 1 2 ; B a n k
o f A u g u sta
E a r le , 1 3 P e t., 5 1 9 ; B a n k o f A la . A D alto n , 9 H o w .,
522; D ’A rcy
K e tc h u m , n H o w ., 16 5 ; C h ristm a s
R u s s e ll, 5
W a ll., 290; G ree n
V an B u s k ir k , 7 W a ll., 13 9 ; P a u l
V a ., 8 W a ll.,
16 8 ; B o ard o f P u b lic W o r k s
C o lu m b ia C o lle g e , 17 W a ll., 5 2 1 ;
T h o m p so n
W h itm a n , 18 W a ll., 4 5 7 ; P en 11 o y e r
N ebb, 95 U. S .,’
7 14 ; B o n ap arte
T a x C o u rt, 10 4 U . S . , 59 2; R o b ertso n
P ic k r e ll,
109 U. S ., 608; B ro w n et a l.
H o u sto n , co llec to r, et a l., 1 1 4 U. S .,
622; H a n le y
D o n o g h u e, 1 1 6 U. S . , 1 ; R e n a u d
A b b o tt, 1 1 6 U . S . ,
277; B o rer
C h ap m an , 1 1 9 U. S . , 58 7; C . & A . R . R .
W ig g in s
F e r r y C o ., 1 1 9 U. S ., 6 1 5 ; C o le
C u n n in g h a m , 13 3 U . S . , 10 7 ;
B lo u n t
W a lk e r , 13 4 U . S . , 607; T . & P. R y . Co.
S . P . C o ., 137
u . S , 48; S im m o n s
S a u l, 13 8 LT. S . , 439; R e y n o ld s
S to c k to n ,
-VV’ 2541 C arp en ter
S tr a n g e , 1 4 1 U . S ., 8 7 ; H u n tin g to n
t!- A ttr ill, 14 6 U . S . , 6 57; G le n n
G a r th , 147 U . S . , 36 0; L a in g
^ g n e y , 16 0 U . S . , 5 3 1 ; C h ic a g o , & c . , R y . C o.
S tu rm , 1 7 4 U . S . ,
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v.
v.
V,
v.
v.
v.
Constitution o f the United States.
v.
219
v.
7 10 ; T h o rm a n n
F ra m e , 176 U . S ., 35 0 ; H a n c o c k N tl. B a n k
F a rn u m , 17 6 U. S ., 640; C la rk e
C la rk e , 17 8 U. S ., 186 ; C a rg ill Co.
v. M in n eso ta, 180 U . S ., 452; W ilk e s C o u n ty v. C o ler, 180 U. S .,
506; Jo h n so n
N . Y . L ife In s. C o ., 187 U. S . ,4 9 1 ; A n d re w s v. A n
d rew s, 188 U. S ., 14 ; B la c k sto n e
M ille r, 188 U. S ., 18 9 ; C o m m er
c ia l P u b . Co.
B e c k w ith , 188 U. S ., 567; F i n n e y s . G u y , 189 U . S .,
3 3 5 ; A n g lo -A m . P ro v . Co.
D a v is P ro v . C o .,
S . , 3 7 3 ; W ab ash
R . R . Co.
F la n u ig a n ', 19 2 U . S . , 29; G erm an S a v in g s S o c ie ty
D orm itzer, 19 2 U. S ., 12 5 ; W e d d in g v. M e y le r, 19 2 U . S . , 5 7 3 ; N a
tio n a l M u tu a l B . & L . A ssn .
B ra h a n , 19 3 U . S ., 635; M in n eso ta
N o. S e c u ritie s C o ., 19 4 U . S ., 48; N a tio n a l E x c . B a n k
W ile y ,
195 U . S ., 2 57 ; Ja s te r v. C u rrie, 198 U. S . , 14 4 ; H a rris
B a lk , 198
U . S ., 2 x5; H a r d in g
H a rd in g , 198 U . S ., 3 1 7 ; L . & N . R . R . v.
D eer, 200 U . S ., 17 6 ; H a d d o c k
H a d d o c k , 2 01 U . S ., 56 2; N o rth ern
A ssu ra n c e Co. v. G ra n d V ie w B ld g . A s s n ., 203 U . S ., 10 6 ; O ld
W a y n e M u t. A ssn . v. M c D o n o u g h , 204 U . S . , 8; W etm o re v. K a r r ic k , 205 U . S ., 1 4 1 ; T ilt
K e ls e y , 207 U . S . , 4 3; L e a t h e r . T h o m as,
207 U . S ., 9 3; B ro w n
F le t c h e r ’s E s ta te , 2 10 U . S ., 82; F a u n tle r o y
v . L u m , 2 10 U . S . , 230; B a g le y v . G e n e ra l F ir e E x t in g u is h e r C o .,
2 12 U. S ., 4 77; A ., T . & S . F . R y . C o . v. So w e rs, 2 1 3 U . S . , 55 ;
S m ith so n ia n In stitu tio n
S t.- Jo h n , 2 14 U . S ., 19 ; F a ll
E a s tin ,
2 15 U. S . , I ; E v e r e tt
E v e r e tt, 2 1 5 T7. S ., 203; O lm sted
O lm sted ,
2 16 U. S ., 386; S is ta re
S ista re , 2 18 U . S ., 1 ; H u n te r
M u tu al
R e s e r v e L ife In s . C o ., 2 18 U . S . , 5 7 3 ; W est S id e R . R . C o. v. P itts
b u rg h C o n stru ctio n C o , 2 19 U . S , 92; T . & N . O. R . R . Co.
M ille r,
2 2 1 U . S . , 408; T . & N . O. R . R . C o. v . G ro ss, 2 2 1 U . S ., 4 17 ; A jtn a
L ife In s . C o.
T re m b la y , 223 U . S ., 18 5 ; C o n v erse
H a m ilto n , 224
U . S . , 243; B ig e lo w v . O ld D o m in io n C o p p e r C o ., 225 U . S ., 1 1 1 ;
T h o m p so n
T h o m p so n , 226 U . S . , 5 5 1 ; M ich igan T ru s t Co. v. F e r r y ,
228 U . S . , 346; C h icago , I . & L . R y . C o. v . H a c k e tt, 228 U . S -, 559;
C h icago, B . & Q. R y . C o. v . H a ll, 229 U . S ., 5 1 1 ; B u rb a n k v . E r n s t,
232 U . S . , 16 2 ; P r ie s t v. L a s V eg as, 232 U . S ., 604; T e n n essee C o al,
I . & R . R . Co. v . G eo rg ia, 233 U . S . , 35 4 ; N e w Y o r k L ife In s. v .
H e a d , 234 U . S . , 149, 16 6 ; R o lle r v . M u rra y , 234 U . S . , 738; W est
ern In d e m n ity Co. v. R u p p , 235 U . S . , 2 6 1; R iv e r s id e M ills v.
M en efee, 237 U . S ., 18 9 ; P a r k e r v. M c L a in , 237 U . S . , 469; S p o
k an e & In la n d E m p ir e R . R .
W h itle y , 237 U . S . , 487; R o y a l
A rca n u m v . G re e n , 237 U . S ., 5 3 1 ; H ood
M cG h ee, 237 U . S .,
6 1 1 ; H artfo rd L ife In s Co. v . lb s , 237 U . S . ,6 6 2 .
v.
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2. 1 The
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e c t io n
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S
v.
Citizens
of
all Privileges and Immunities
v.
of
v.
each State shall be entitled to
Citizens in the several States.
v.
B a n k o f U n ite d S ta te s
D e v e re u x , 5 C r., 6 1 ; G a ssie s
B a llo u ,
6 P e t., 7 6 1; R h o d e Is la n d
M a ss., 12 P e t., 6 57; B a n k o f A u
g u sta
E a r le , 1 3 P e t., 5 19 ; M oore
Illin o is , 14 H o w ., 1 3 ; C o n n er
e t a l.
E llio t e t a l ., 18 H o w ., 5 9 1; D r e d S c o tt
S a n d fo rd , 19 H o w .,
39 3; C ra n d a ll
N e v a d a , 6 W a ll., 3 5 ; W o o d ru ff
P a rh a m , 8
W a ll., 12 3 ; P a u l v. V ir g in ia , 8 W a ll., 16 8 ; D o w n h am
A le x a n d ria
C o u n c il, ro W a ll., 17 3 ; L iv e rp o o l In su ra n c e C o m p a n y v. M a ss., xo
W a ll., 566; W ard
M d ., 12 W a ll., 4 18 ; S la u g h te rh o u s e C ases, 16
W a ll.! 36; B rad w e ll v. T h e S ta te , 16 W a ll., 130 ; C h e m u n g B a n k
L o w e r y , 93 U. S ., 72; M c C re a d v v. V ir g in ia , 94 U . S ., 3 9 1 ; B ro w n
H o u sto n , 1 1 4 U . S ., 622; P h ila d e lp h ia F ir e A s s n .
N . Y ., 119
U . S ., n o ; P e m b in a M in in g Co.
P e n n a ., 12 5 U. S ., 1 8 1 ; K im m ish
B a ll. 12 9 U . S ., 2 1 7 ; C o le
C u n n in g h a m , 1 3 3 U . S . , 10 7 ;
v.
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.
220
Constitution of the United States.
Leisy v. Hardin, 135 U. S., 100; Minnesota v. Barber, 136 U. S
313; Manchester v. Mass., 139 U. S., 240; M cKane v. Durston, 153
U. S., 684; Pittsburgh & So. Coal Co. v. Bates, 156 U. S., 577Vance v. W. A. Vandercook, No. 1, 170 U. S., 438; Blake v. McClung, 172 U. S., 239; Blake z> McClung, 176 U. S., 59; Sully v.
.
Am. Ntl. Bank, 178 U. S., 289; Williams v. Fears, 179 U. S., 270Reymann Brewing Co. v. Brister, 179 U. S., 445; Travellers Ins.’
Co. v. Connecticut, 185 U. S., 364; Reid v. Colorado, 187 U. S
137; Chadwick v. K elley, 187 U. S., 540; Diamond Glue Co. v. U
S. Glue Co., 187 U. vSM 6 11; Blackstone V. Miller, 188 U. S., 189;
Anglo American Provision Co. v. Davis Provision Co., 191 U S ’
373; Chambers v. B. & O. R. R . Co., 207 U. S., 142; Hudson Water
Co. v. McCarter, 209 U. S., 349; Hoke v. United States, 227 U. S.,
308; Athanasaw v. United States, 227 U. S ., 326; Bennett v. United
States, 227 U. S., 333; Harris v. United States, 227 U. S., 340.
2A Person charged in any State with Treason, Felon}", 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, be delivered up, to be removed to
the State having Jurisdiction of the Crime.
Holmes v. Jennison et al., 14 Pet., 54° ; Commonwealth of K en
tucky v. Denfnson, governor, 24 How., 66; Taylor v. Tainter 16
W all., 366; Carroll County v. Smith, i n U. S., 556; E x parte
R eggeh I J 4 U. S., 642; Mahon v. Justice, 127 U. S., 700; Lascelles
v. Georgia, 148 U. S., 537; Pearce v. Texas, 155 U. S., 3 1 1 ; Utter
v. Franklin, 172 U. S ., 416; Munsey v. Clough, 196 U. S ., 364Matter of Strauss, 197 U. S ., 324; Pettibone v. Nichols, 203 U. S ’
192; Appleyard v. Mass., 203 U. S ., 222; McNichols v. Pease, 207
U. S., too; Bassing v. Cady, 208 U. S., 386; Pierce v. Creesev,
210 U. S., 387; Marbles v. Creesey, 215 U. S., 63; Drew v. Thaw235 U. S ., 432.
3 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 Claim of the
Party to whom such Service or Labour may be due.
Prigg v. The Commonwealth of Pennsylvania, 16 Pet., 539;
Jones v. Van Zandt, 5 How., 215; Strader et al. v. Graham, 10
How., 82; Moore v. The People of the State of Illinois, 14 How.,
Dred Scott v. Sanford, 19 How., 393; Ableman v. Booth and
United States v. Booth, 21 How., 506; Callan v. Wilson, 127 U .S .,
54o; Nashville, Chattanooga, etc., Rw y. v. Alabama, 128 U. S ., 96.
New States may be admitted by the Congress
into this Union; but no new State shall be formed or erected
S e c t i o n 3. 1
Constitution o f the United States.
221
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 of the Legislatures of the States
concerned as well as of the Congress.
American Insurance Company e ta l. v. Canter (356 bales cotton),
1 Pet., 5 11 ; Pollard’s Lessee v. Hagan, 3 How., 212; Cross et al.
v. Harrison, 16 How., 164; Benson v. United States, 146 U. S., 325;
Ward v. Race Horse, 163 U. S., 504; Bolin v. Nebraska, 176 U. S.,
83; Louisiana v. Mississippi, 202 U. S., 1; Ligh t v. U. S., 220 U. S.,
523; Coyle v. Oklahoma, 221 U. S., 559.
2The Congress shall have Power to dispose of and make
all needful Rules and Regulations respecting the Territory
or other Property belonging to the United States; and nothing
in this Constitution shall be so construed as to Prejudice any
Claims of the United States, or of any particular State.
McCulloch v. State of Maryland, 4 Wh., 316; American Insur
ance Company v. Canter, 1 Pet., 5 1 1 ; United States v. Gratiot et
al., 14 Pet., 526; United States v. Rogers, 4 How., 567; Cross
e ta l. v. Harrison, 16 How., 164; Muckey et al. v. Coxe, 18 How.,
100; DredScott v. Sandford, 19 How., 393; Gibson v. Chouteau, 13
W all., 92; Clinton v. Englebert, 13 W all., 434; Beall v. New M ex
ico, 16 W all., 535; National Bank v. Yankton County, 101 U. S.,
129; United States V. Waddell, 112 U. S., 76; Van Brocklin v. State
of Tennessee, 117 U. S., 15 1; Clayton v. Utah Territory, 132 U. S.,
632; Geofroy v. Riggs, 133 U. S., 258; Davis v. Beason, 133 U. S.,
333; Wisconsin Central R. Rd. Co. v. Price County, 133 U. S., 496;
Cope v. Cope, 137 U. S., 682; Mormon Church v. U. S ., 136 U. S., 1;
Jones v. United States, 137 U. S., 202; St. Paul, Minneapolis, etc.,
Railway Co. v. Phelps, 137 U. S., 528; Talton v. Mayes, 163 U. S.,
376; American Publishing Co. v. Fisher, 166 U. S., 464; Camfield
v. United States. 167 U. S., 518; Thompson v. Utah, 170 U. S., 343;
Green Bay & Mississippi Canal Co. v. Patten Paper Co.. 173 U. S.,
179; Neely v. Henkel (No. 1), 180 U. S., 109; De Lim ay. Bidwell,
182 U. S., 1; Dooley v. United States, 182 U. S., 222; Downes v.
Bidwell, 182 U. S., 244; Dooley v. United States, 183 U. S., 15 1;
Fourteen Diamond Rings v. United States, 183 U. S., 176; Hawaii
v. Mankichi, 190 U. S., 197; Binns v. United States, 194 U. S., 486;
Dorr v. United States, 195 U. S., 138; Rassmussen v. United States,
197 U. S., 516; Louisiana v. Mississippi, 202 U. S., 1; Kansas v.
Colorado, 206 U. S ., 46; Grafton v. United States, 206 U. S ., 333;
United States v. Heinsgen, 206 U. S., 370; Ponce v. Roman Cath
olic Church, 210 U. S., 297; Atchison, Topeka & Santa Fe R y. Co.
v. Sowers, 213 U. S., 55; E l Paso & Northeastern R y. Co. v.
Gutierrez, 215 U. S., 87; Weems v. United States, 217 U. S., 349.
Constitutio?i of the United States.
222
S
4 . The United States shall guarantee to every
State in this Union a Republican Form of Government, and
shall protect each of them against Invasion; and on Applica
tion of the Legislature, or of the Executive (when the Legis
lature cannot be convened) against domestic Violence.
e c t io n
Luther v. Borden, 7 How., 1; Texas v. White, 7 W all., 700;
In re Duncan, 139 U. S., 449; Taylor et al. v. Beckham (No. i ) ,I78
U. S.,548; South Carolina v, United States, 199 U. S., 437; Elder
v. Colorado ex rel. Badgley, 204 U. S., 85; Pacific States Telephone
Co. v. Oregon, 223 U. S., 118 ; Kiernan v. Portland, 223 U. S., 15 1;
Marshall v. Dye, 231 U. S., 250.
ARTICLE V.
The Congress, whenever two-thirds of both Houses shall
deem it necessary, shall propose Amendments to this Constitu
tion, or, on the Application of the Legislatures of two-thirds
of the several States, shall call a Convention for proposing
Amendments, which, in either Case, shall be valid to all Intents
and Purposes, as part of this Constitution, when ratified by the
Legislatures of three-fourths of the several States, or by Con
ventions in three-fourths thereof, as the one or the other Mode
of Ratification may be proposed by the Congress; Prodded
that no Amendment which may be made prior to the Year One
thousand eight hundred and eight shall in any Manner affect
the first and fourth Clauses in the Ninth Section of the first
Article; and that no State, without its Consent, shall be
deprived of it’s equal Suffrage in the Senate
Hollingsworth et al. v. Virginia, 3 Dallas, 378.
ARTICLE VI.
1
All Debts contracted and Engagements entered into, before
the Adoption of this Constitution, shall be as valid against the
United States under this Constitution, as under the Confeder
ation.
Constitution o f the U?iited States.
223
“ This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of the United States,
shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.
Hayburn’s Case, 2 Dali., 409; Ware v. Helton, 3 Dali., 199;
Calder and Wife v. Bull and Wife, 3 Dali., 386; Marbury v. Madi
son, 1 Cr., 137; Chirac v. Chirac, 2 Wh., 259; McCulloch v . The
State of Maryland, 4 Wit., 316; Society v. New Haven, 8 Wh., 464;
Gibbons v. Ogden, 9 Wh., 1; Foster and Elam v . Neilson, 2 Pet.,
253; Buckner v. Finley, 2 Pet., 586; Worcester v. State of Georgia,
6 Pet., 515; Ken nett et al. v. Chambers, 14 How., 38; Dodge v.
Woolsey, 18 How., 3 3 1; State of New York v. Dibble, 21 How.,
366; Ableman v. Booth and United States v. Booth, 21 How., 506;
Sinnot v. Davenport, 22 How., 227; P'oster v. Davenport, 22 How.,
244; H aver v. Yaker, 9 W all., 32; Clafflin v. Houseman, assignee,
93 U. S ., 130; United States v. 43 Gallons of W hisky, 93 U. S., 188;
Hauenstein v. Lynham, loo U. S., 483; Neal v. Delaware, 103
U. S., 370; E x parte Crow Dog, 109 U. S., 556; Carroll County v.
Smith, h i U. S ., 556; Head Money Cases, 112 U. S., 580; Van
Brocklin v. State of Tennessee, 117 U. S., 15 1; United States v .
Rauscher, 119 U. S., 407; Kerr v. Illinois, 119 U. S., 436; Whitney
v. Robertson, 124 U. S., 190; the Chinese Exclusion Cases, 130
U. S., 581; Geofroyz/. R iggs, 133 U. S., 258; In re Neagle, 135
U. S ., 1; Cherokee Nation v. Kansas R v. Co., 135 U. S .,6 4 1; Cook Co.
v . Calumet & Chicago Canal Co., 138 U. S., 635; Horner v. United
States, 143 U. S., 570; Fong Yue Ting v. United States, 149 U. S.,
698; Gulf, Colorado & Santa Fe Railway Co. v . Hefley, 158 U. S ., 98;
In re Quarles v. Butler, 158 U. S., 532; Ward v. Race Horse, 163
U. S., 504; McClellan v. Chipman, 164 U. S., 347; Smyth v. Ames,
169 U. S., 466; M., K . & T. R y! Co. v. Haber, 169 U. S ., 613; Ohio
v. Thomas, 173 U. S., 276; De Lima v . Bidwell, 182 U. S., 1; Dooley
v. U. S., 182 U. S., 222; Downes v. Bidwell, 182 U. S., 244; Four
teen Diamond Rings v. U. S., 183 U. S., 176; Lone Wolf v. Hitch
cock, 187 U. S., 553; South Carolina v. U. S., 199 U. S., 437; Berea
College v. Kentucky, 2 11 U. S., 45; Paddell v . City of New York,
2 11 U. S ., 446; McLean v. Arkansas, 2 11 U. S., 539; A., T. & S. F.
R y. Co. v. Sowers, 213 U. S., 55; Sanchez v . U. Si, 216 U. S., 167;
House v. Mayes, 219 U. S., 270; Flint v . StoneTracey Co., 220 U. S.,
107.
3 The Senators and Representatives before mentioned, and
the Members of the several State Legislatures, and all execu
tive and judicial Officers, both of the United States and of the
several States, shall be bound by Oath or Affirmation, to sup
224
Constihition of the United States.
port this Constitution; but no religious Test shall ever be
required as a Qualification to any Office or public Trust under
the United States.
E x parte Garland, 4 W all., 333; Davis v. Beason, 133 U. S., 333;
Monnon Church v. United States, 136 U. S., x.
A R T IC L E V II.
The Ratification of the Conventions of nine States shall be
sufficient for the Establishment of this Constitution ,between
the States so ratifying the Same.
D o n e in Convention by the Unanimous Consent of the States
present the Seventeenth Day of September in the Year of
our Lord one thousand seven hundred and Eighty seven
and of the Independence of the United States of America
the Twelfth. In Witness whereof We have hereunto sub
scribed our Names,
G 9 W A SH IN G T O N
Presidt and deputy from V irginia
N ew Hampshire.
J ohn L angdon
N ic h o l a s G il m a n
Massachusetts.
N a t h a n ie l G o rh am
R u f u s K in g
Connecticut.
W m S a m l J o h n so n
R o ger S h erm an
N ew York.
A l e x a n d e r H a m il t o n
N ew fersey.
W i l : L iv in g s t o n
D a v id B r e a r l e y .
W m P atterso n
J o na: Dayto n
C onstitution of the U nited States.
225
Pennsylvania.
B.
F r a n k l in
R o b t . M o r r is
T h o s. F it z s im o n s
J a m e s W il s o n
T hom as M if f l in
G eo . Clym er
J a r ed I n g erso ll
M o r r is
Gouv
Delaware.
G eo : R ead
J o h n D ic k in s o n
J a c o : B ro o m
G u n n i n g B e d f o r d ju n
R ic h a r d B a s s e t t
M aryland.
J a m es M cH e n r y
Dane Carro ll
Da n : of S t T hos J e n if e r
Virginia.
J ohn B l a ir —
J a m e s M a d is o n
Jr.
North Carolina.
W m B lo un t
W il l ia m s o n
Hu
J. R
R ic h d D o b b s S p a i g h t ,
South Carolina.
u tled g e
C h a r l e s P in c k n e y
C h a r l e s C o t e s w o r t ii P i n c k n e y
P ie r c e B u t l e r .
Georgia.
W il l ia m
F ew
Attest:
80281°— --- 15
15
A b r B a l d w in
WILLIAM JACKSON,
Secretary.
ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE
CONSTITUTION OF THE UNITED STATES OF AMERICA,
PROPOSED BY CONGRESS, AND RATIFIED BY THE LEG
ISLATURES OF THE SEVERAL STATES, PURSUANT TO
THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION.
AM ENDMENT I.
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of the peo
ple peaceably to assemble, and to petition the Government for
a redress of grievances.
Terret et al. v. Taylor et al., 9 Cr., 43; Vidal et al. v. Girard et
al., 2 How., r27; E x parte Garland, 4 Wall., 333; United States
v. Cruikshank et al., 92 U. S., 542; Reynolds v. United States, 9S
U. S., 145; Spies v. Illinois, 123 U. S., 131"; Davis v. Beason, 133 U. S.,
333; Eilenbecker v. Plymouth County, 134 U. S ., 3 1; Mormon
Church v. United States, 136 U. S., 1; In re Rapier, 143 U. S .. n o ;
Horner v. United States, 143 U. S., 207; Bradfield v. Roberts, 175
U. S., 291; Turner v. Williams, 194 U. S., 279; Jack v. Kansas, 199
U. S., 372; Quick Bear v. Leupp, 210 U. S., 50; Twining v. New
Jersey, 2 11 U. S., 78; Gompers v. Bucks Stove & Range Co.,
221 U. S., 418; Lewis Publishing Co. v. Morgan, 229 U. S., 288;
Mutual Film Corp. v. Ohio Indus ’1 Comm., 236 U. S., 230; Mutual
Film Corp. v. Kansas, 236 U. S., 248.
AM ENDM ENT II.
A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall
not be infringed.
Presser v. Illinois, 116 U. S., 252; Spies v. Illinois, 123 U. S., 1 3 1 ;
Eilenbecker v. Plymouth County, 134 U. S., 3 1; Jack v. Kansas,
199 U. S., 372; Twining v. New Jersey, 2 11 U. S., 78.
AM ENDM ENT III. .
No Soldier shall, in time of peace be quartered in any house,
without the consent of the Owner, nor in time of war, but in a
manner to be prescribed by law.
Spies v. Illinois, 123 U. S., 13 1; Eilenbecker v. Plymouth County,
134 U. S., 3 1; Jack v. Kansas, 199 U. S., 372; Twining v. New Jer
sey, 2 11 U. S ., 78.
Constitution o f the United States.
227
AMENDMENT IV.
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particu
larly describing the place to be searched, and the persons or
things to be seized.
Smith v. Maryland, 18 How., 7 1; M urray’s Lessee etal. v. Hobo
ken Land & Improvement Co., 18 H ow .' 272; E x parte Milligan,
4 W all., 2; Boyd v. U. S., 116 U . S., 616; Spies v. Illinois, 123 U. S.,
13 1; Eilenbecker v. Plymouth County, 134 U. S., 3 1; Fong Yue
Ting v. U. S., 149 U. S., 698; Interstate Com. Comm. v. Brimson,
154 U. S., 447; I11 re Chapman, 166 U. S., 661; Adams v. New York,
192 U. S .,5 8 5; Morris v. Hitchcock, 194 U. S.,384; Public Clearing
House v. Coyne, 194 U. S ., 497; Interstate Com. Comm. v. Baird, 194
U. S., 25; Jack v. Kansas, 199 U. S., 372; Hale v. Henkel, 201 U. S.,
43; American Tobacco Co. v. Werckmeister, 207 U. S., 284; Consoli
dating Rendering Co.
Vermont, 207 U. S., 541; Twining
New
Jersey, 2 11 U. S., 78; Hammond Packing Co. v. Arkansas, 212 U. S.,
322; Bagley
General Fire Extinguishing Co., 212 U. S., 477;
Smithsonian Institution
St. John, 214 U. S., 19; Rhodus
Man
ning, 217 U. S., 597; Flin t v. Stone Tracy Co., 220 U. S., 107;
American Lithographic Co. v. Werckmeister, 221 U. S., 603; B. &
O. R. R . Co. v. Interstate Com. Comm., 221 U. S ., 612; U. S. v.
Morgan, 222 U. S., 274; Wheeler v. United States, 226 U. S., 478;
Grant v. United States, 227 U. S., 74; National Safe Deposit Co. v.
Illinois, 232 U. S., 58; Weeks v. United States, 232 U. S., 383;
Henry
Henkel, 235 U. S ., 219; United States v. Louisville &
Nashville R . R . Co„ 236 U. S., 318.
v.
v.
v.
v.
v.
v.
AM ENDM ENT V.
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a
offence to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due proc
ess of law; nor shall private property be taken for public use,
without just compensation.
U. S. v. Perez, 9 Wh., 579; Barron v. Baltimore, 7 Pet., 243; Fox
v. Ohio, 5 How., 410; West River Bridge Co. v. D ix e ta l.,6 How.,
507; Mitchell v. Harmony, 13 How., 115 ; Moore, ex., v. Illinois, 14
How., 13; M urray’s Lessee et al. v. Hoboken Land and Improve-
Index Senators
Grand Ju ry, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or
public danger; nor shall any person be subject for the same
Constitution o f the United States.
rnent Co., 18 How., 272; Dynes v. Hoover, 20 How., 65; Withers
v. Buckley et al., 20 How., 84; Gilman v. The City of Sheboygan,
2 Black, 510; E x parte M illigan, 4 W'all., 2, Twitchell v. The Com
monwealth, 7 Wall., 321; Hepburn v. Griswold, 8 W all., 603;
Miller v U S ., n Wall., 268; Legal Tender Cases, 12 Wall., 457;
Pumpelly v. Green Bay Co., 13 W all., 166; Osborn v. Nicholson,
13 Wall 654; E x parte Lange, 18 W all., 163; Kohl et al. v. U. S.,
01 U S ’ 367; Sinking Fund Cases, 99 U. S., 700; Cole v. La Grange,
113 U . S., 1; E x parte Wilson, 1x4 U. S., 417; Brown v. Grant, 116
U S 207; Boyd v. U. S ., 116 U. S., 616; Makin v. U. S ., 117 L . S.,
348- E x parte Bain, 121 U. S., 1; Parkinson v. U. S., 121 U. S., 281;
Spies v. Illinois, 123 U. S., 13 1; Sands v. Manistee River Improve
ment Co., 123 U. S ., 288; Mugler v. Kansas, 123 U. S ., 623; Great
Falls Mfg. Co. v. The Attorney-General, 124 U. S., 581; U. S. v.
De Walt, 128 U. S ., 3935 H uling v. Kaw Valley R y. and Improve
ment Co., 130 U. S., 559 ; Freeland V. Williams, 13 1 U. S., 405; Cross
v. North Carolina, 132 U. S., 13 1; Manning v. Prench, 133 U. S.,
186- Searle v. School Dist. No. 2, 133 U. S . , 553 ', Palmer v. McMa
hon, 133 U. S., 660; Ellenbecker v. Plymouth County, 134 U. S.,
31- C , M. & St. P. R y. Co. v. Minnesota, 134 U. S., 418; Wheeler
v. ’ jackson, X37 U. S ., 245; Holden v. Minnesota, 137 U. S., 245;
Caldwell v. Texas, 137 U. S., 692; Cherokee Nation v. Kansas
R y . Co., 135 U. S., 641; Kaukauna Water Power Co. v. Miss. Canal
Co , 142 U. S., 254; New Orleans v. N. O. Water W ’ks, 142 U. S.,
79* Counselman v. Hitchcock, 142 U. S . , 547 ; Simmonds v. U. S.,
142 U. S., 148; Horn Silver Mining Co. v. N. Y ., 143 U. S ., 305;
H allinger v. Davis, 146 U. S., 314; Shoemaker v. U. S ., 147 U. S.,
282- Thorington z\ Montgomery, 147 U. S., 49° ; Yesler v. Wash’ n
Harbor Line Coms’rs, 146 U. S ., 646; Monongahela Nav. Co v
T S 148 U. S ., 312; Fong Yuen Ting v. U. S ., 149 U. S., 698;
T
In re Lennon, 150 U. S., 39 3; Pitts., C., C. & St. L. v. Backus, 154
U S
421- Interstate Com. Comsn. v. Brunson, 154 U. S., 447 ',
Pearce v. Texas, 155 U. S ., 3 ” ; Linford v Ellison, 155 U. S., 503;
Andrews
Swartz, 156 U. S., 272; Pittsburgh & Southern Coal
Co. v. La., 156 U. S., 590; St. L. & S. F R w y Co v. Gill, 156 U- S.,
649; Johnson v. Sayre, 158 U. S ., 109; Sweet v. Rechel, *59 U- S.,
380 Brown v. Walker, 161 U. S ., 591; Wong Wing v. U. S., 163
U S 228- Talton v. Maves, 163 U. S., 376; In re Chapman, 166
U* s ’ 661: Bauman v. Ross, 167 U. S., 54 «; Wilson v. Lambert,
1 58 U. S. 6 1 1- Green Bay & c. Canal Co. v. Patten Paper Co., 172
T S s8-’ Henderson Bridge Co. v. Henderson City, 173 U. S ., 592;
T
Scranton
Wheeler, 179 U. S., 14 1; Wight ^ D avid so n , x8 x U S
Capitol City Dairy Co. v. Ohio, 183 U. S., 238; Hanover M l.
B a n k V . Moyses, 186 U. S. 18 1; Dreyer V Illinois, 187 U. S 7 * I
Lone Wolf v. Hitchcock, 187 U. S., 553; U. S. v. Lynah, 188 L . S.,
443- The Japanese Immigrant Case, 189 U. S., 86; Hawaii v. ManS c h i 190 U S., 197; Bedford v. U. S „ 192 U. S ., 217; Buttfield v.
Stranahan, 192 U. S ., 470; Interstate Com. Comm. v. Baird, 194
U .S .,2 5 ; Beavers v. Henkel, 194 U. S ., 73 ', Turner v Williams,
194 U. S., 279; Public Clearing House v. Coyne, 194 L . S., 497;
McCray V. U. S., 195 U. S ., 27; Schick v. U. S ., 195 U. S ., 65; Kepner v. U. S ., 195 U. S., 100; Rassmussen v. U. S ., 19 7 U. S ;, 51b,
U. S. v. Ju Toy, 198 U. S ., 253; Reduction Co. v. Sanitary Works,
199 U. S ., 306; Gardner v. Michigan, 199 U. S., 325; Jack p. K an
sas, 199 U. S., 372; South Carolina v. U. S. 199 U. S., 437 '. Mamgault
v. Springs, 199 U. S ., 473; Trono v. U. S., 199 U. S., 521; Howard
v. K y ., 200 U. S., 164; S . P. R . R . Co. v. U. S ., 200 U. S., 3 4 1 ;
Constitution o f the United States.
229
C. B. & Q. R y. Co. v. Drainage Commissioners, 200 U. S., 561;
Hale v. Henkel, 201 U. S., 43 ‘, McAlister v. Henkel, 201 U. S., 90;
Nelson v. U. S., 201 U. S., 92; Sawyer v. U. S., 202 U. S., 150; M il
lard v. Roberts, 202 U. S., 4 29 l Matter of Moran, 203 U. S., 96;
Union Bridge Co. v. U. S., 204 U. S., 364; Serra v. Mortiga, 204
U„ S., 470; Martin v. District of Columbia, 205 U. S., 135; Bar
rington v. Mo., 205 U. S., 483; E llis v. U. S., 206 U. S., 246; Graf
ton v. U. S., 206 U. S., 333; U. S. v. Heinszen, 206 U. S., 370;
Hunter v. Pittsburgh, 207 U. S., 16 1; Taylor v. U. S., 207 U. S., 120;
Shoener v. Pa., 207 U. S., 188; Am. Tobacco Co. v. Werckmeister,
207 U. S., 284; Consolidated Rendering Co. v. V t., 207 U. S .,5 4 1;
Adair v. U. S., 208 U. S., 16 1; Bassing v. Cady, 208 U. S., 386;
Bien v. Robinson, 208 U. S., 423; Twining v. N. J., 2 11 U. S., 78;
Garfield v. Goldsby, 2 11 U. S., 249; N. Y . Central R . R . v. U. S.,
212 U. S., 481; Goon Shung v. U. S., 212 U. S., 566; Keerl v. Mon
tana, 213 U. S., 135; U. S. v. D. & H. Co., 213 U. S., 366; District
of Columbia v. Brooke, 214 U. S ., 138; Oceanic Nav. Co. v. Stranahan, 214 U. S., 320; Sanchez v. U. S ., 216 U. S., 167; Monongahela Bridge Co. v. U. S., 2 16 U .S ., 177; Brantley v. Georgia, 217 U.
5., 284; U. S. v. Welch, 217 U. S., 333; Rhodus v. Manning, 217
U. S., 597; Shevlin-Carpenter Co. v. Minnesota, 218 U. S., 57; Plolt
v. U. S ., 218 U. S., 245; Ong Chang Wing v. U. S., 218 U. S.,
272; Cin., I. & W. R y. Co. v. Connersville, 218 U. S., 336; U. S.
v. Grizzard, 219 U. S., 180; A. C. L . v. Riverside Mills, 2x9 U.
5 ., 186; U. & N. R. R . Co. v. Mottley, 2 19 U. S., 467; Flin t v. vStone
Tracy Co., 220 U. S ., 107; Gavieresz\ U. S., 2 20 U .S ., 338; Light v.
U. S., 220 U. S., 523; Matter of Harris, 221 U. S., 274; Wilson v. U.
5., 221 U. S ., 361; Dreier v. U. S., 221 U. S., 394; Gompers v.
Bucks Stove & Range Co., 221 U. S., 418; Am. Litho. Co. v.
Werckmeister, 221 U. S ., 603; B. & O. R. R. Co. v. Interstate Com.
Comm., 221 U. S., 612; Glickstein v. U. S., 222 U. S., 139; Second
Em ployers’ Liability Cases, 223 U. S., 1; Powers v. U. S., 223 U. S.
303; W. U. Tel. Co. v. Richmond, 224 U. S., 160; Graham v.
W. Va., 224 U. S., 616; Zakonaite v. Wolfe, 226 U .S ., 272; Wheeler
v. U. S., 226 U. S ., 478; Grant v. U. S., 227 U. S., 74; Interstate
Com. Comm. v. Louisville & Nashville R . R . Co., 227 U. S., 88;
Heike v. U. S ., 227 U. S., 1 3 1 ; Ensign v. Pennsylvania, 227 U. S.,
592; Johnson v. U. S., 228 U. S., 457! Tiaco v. Forbes, 228 U .S.,54 9 ;
Bugajewitz v. Adams, 228 U .S ., 585; U. S.v. Chandler Dunbar Co.,
229 U. S., 53; Lewis Blue Point Oyster Co. v. Briggs, 229 U. S., 82;
Lewis Publishing Co. v. Morgan, 229 U. S., 288; McGovern v. New
York, 229 U. S., 363; Jackson v. U. S., 230 U. S., 1; Hughes v. TJ.
5., 230 U .S ., 24; Ochoa v. Hernandez, 230 U .S ., 139; KansasCity
Southern R y . Co. v. U. S., 231 U. S ., 423; B illings^. U. S ., 232 U.
5 ., 261; United v. Goelet, 232 U. S., 293; U. S. v. Bennett, 232
U. S ., 299; Rainey v. U. S., 232 U. S ., 310; U. S. ex. rel. Brown v.
Lane, 232 U. S ., 598; Carlesi v. New York, 233 U. S., 51; Herbert
v. Bicknell, 233 U. S., 70; Richards v. Washington Terminal Co.,
233 U. S., 546; U. S. V. Buffalo Pitts Co., 234 U. S., 228; The Pipe
Line Cases, 234 U. S., 548; St. Benedict Order v. Steinhauser, 234
U. S., 640; Henry v. Henkel, 235 U. S ., 219; Shapiro v. United
States, 235 U. S ., 4x2; Sizemore v. Brady, 235 U. S., 441; Burdick
v. United States, 236 U. S ., 7 9 ', Mutual Film Corp. v. Kansas, 236
U. S ., 248; Pennsylvania Co. v. United States, 236 U. S., 351;
Southern R y . Co. v. Railroad Comm, of Indiana, 236 U. S ., 4391
Greenleaf Lumber Co. v. Garrison, 237 U. S ., 251; Booth v. Indi
ana, 237 U. S ., 39 U Morgan v. Devine, 237 U. S ., 632.
230
Constitution of the United States.
AM ENDM ENT V I.
In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State
and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have com
pulsory process for obtaining witnesses in his favor, and to
have the Assistance of Counsel for his defence.
U. S., v. Cooledge, 1 Wh., 415; E x parte Kearney, 7 W h., 38;
U. S. v. Mills, 7 Pet., 142; Baron v. Baltimore, 7 Pet., 243; Fox
v. Ohio, 5 How., 410; Withers v. Buckley et al., 20 How., 84;
E x parte Milligan, 4 W all., 2; Twitchell v. Commonwealth, 7
W all., 321; Miller v. U. S ., n W all., 268; U. S. v. Cook, 17
W all., 168; U. S. v. Cruikshank et al., 92 U. S., 542; Reynolds v.
U. S., 98 U. S., 145; $pies v. Illinois, 123 U. S., 13 1; Brooks v.
Mo., 124 U. S., 394; Callan v. Wilson, 127 U. S., 540; Eilenbecker v. Plymouth County, 134 U. S., 3 1; Jones v. U. S., 13 7 U. S.,
202; Cook v. U. S., 138 U. S., 157; In re Shubuya Jugiro, 140 U. S.,
291; In re Ross, 140 U. S., 433; Hallinger v. Davis, 146 U. S., 314;
Fong Yue Ting v. U. S., 149 U. S., 698; Mattox v. U. S., 156 U. S .‘
237; Rosen v. U. S., 161 U. S., 29; U. S., v. Zucker, 161 U. S ., 475;
Wong W ing v. U. S., 163 U. S., 228; Creamer v. Washington, 168
U. S., 124; Thompson v. Utah, 170 U. S., 343; Maxwell v. Dow,
176 U. S., 581; Motes v. U. S., 178 U. S ., 458; Fidelity and Deposit
Co. v. U. S., 187 U. S., 315; Hawaii v. Mankichi, 190 U. S., 197;
West v. La., 19 4U. S., 258; Turner v. Williams, 194 U. S., 279;
Lloyd v. Dollison, 194 U. S., 445; Schirk v. U. S., 195 U. S ., 65;
Dorr v. U. S., 195 U. S., 138; Rassmussen v. U. S., 197 U. S., 516;
Beavers v. Haubert, 198 U. S., 77; Marvin v. Trout, 199 U. S., 212;
Jack v. Kansas, 199 U. S., 372; Howard v. K y ., 200 U. S., 164;
Martin v. Texas, 200 U. S., 316; Sawyer v. U. S., 202 U. S., 150;
Burton v. U. S., 202 U. S., 344; Serra v. Mortiga, 204 U. S., 470; Tins
ley v. Treat, 205 U. S., 20; Ughbanks v. Armstrong, 208 U. S., 481;
Armour Packing Co. v. U. S., 209U. S .,5 6 ; Twining v. N. J., 2 11
U. S., 78; K n oxville v. K n oxville Water Co., 212 U. S., x; Goon
Shung v. U. S., 212 U. S., 566; U. S. v. Stevenson, 215 U. S., 190;
Haas v. Henkel, 216 U. S., 462; Dowdell v. U. S., 221 U. S., 325;
Wilson v. U. S ., 221 U. S., 361; Diaz v. U. S ., 223 U. S., 442; Hyde
v. U. S., 225 U. S ., 347; Brown v. Elliott, 225 U. S., 392; Zakonaite
v. Wolf, 226 U. S ., 272; Bartell v. U. S ., 227 U. S., 427; Shapiro v.
United States, 235 U. S ., 412; Meeker & Co. v. Lehigh Valley
R . R ., 236 U. S ., 412; Collins v. Johnston, 237 U. S ., 502.
AMENDMENT V II.
In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by ju ry shall be pre-
served, and no fact tried by a jury, shall be otherwise re
examined in any Court of the United States, than according to
the rules of the common law.
U. S. v. La Vengeance, 3 Dali., 297; Bank of Columbia v. Oakley,
4 W h., 235; Parsons v. Bedford et al., 3 Pet., 433; Lessee of L iv
ingston V. Moore et al., 7 Pet., 469; Webster v. Reid, 1 1 How., 437;
Pa. v .Wheeling, & c., Bridge Co. et al., 13 How., 518; The Justices v.
Murray, 9 W all., 274; Edwards v. Elliott et a l., 21 W all., 532; Pearson
v. Yewdall, 95 U. S., 294; M cElrath v. U .S ., 102 U. S., 426; Spies v.
Illinois, 123 U. S., 13 1; Callan v. Wilson, 12 7 U. S., 540; Arkansas
Valley Land & Cattle Co. v. Mann, 130 U. S., 69; Eilenbecker v. Ply
mouth County, 134 U. S., 3 1; Whitehead v. Shattuck, 138 U. S ., 146;
Scott v. Neely, 140 U. S., 106; Cates v. Allen, 14 9 U. S., 451; Fong
Yue Ting v. U. S., 149 U. S., 698; Coughran v. Bigelow, 164 U. S.,
301; W alker v. N. M. & S. P. R. R ., 165 U. S., 593; C., B. & Q. v.
Chicago, 166 U. S., 226; American Pub. Co. v. Fisher, 166 U. S.,
464; Guthrie Ntl. Bank v. Guthrie, 173 U. S., 528; Fidelity &
Deposit Co. v. U. S., 187 U. S., 315; Rassmussen v. U. S., 197 U. S.,
516; Marvin v. Trout, 199 U. S., 212; Jack v. Kansas, 199 U. S., 372;
Fidelity Mutual Life Ins. Co. v. Clark, 203 U. S., 64; Bien v.
Robinson, 208 U. S., 423; In re AVood, 210 U. S ., 246; Twining v.
N. J., 2 11 U. S., 78; Slocum v. New York Life Ins. Co., 228 U. S.,
364; Luria v. U. S., 231 U. S ., 9; Young v. Central Railroad of
New Jersey, 232 U. S., 602.
AMENDMENT V III.
Excessive bail shall not be required, nor excessive fines im
posed, nor cruel and unusual punishments inflicted.
Pervear v. Commonwealth, 5 W all., 475; Spies v. Illinois, 123
U. S., 13 1; Manning v. French, 133 U. S., 186; Eilenbecker v. P ly
mouth County, 134 U. S., 3 1; In re Kemmler, 136 U. S., 436;
M cElvaine v. Brush, 142 U. S., 155; O’ Neill v. Vt., 144 U. S.,
323; McDonald v. Mass., 180 U. S., 3 1 1 ; Howard v. Flem ing, 191
U. S., 126; Jack v. Kansas, 199 U. S., 372; LT
ghbanks v. Arm.strong, 208 U. S., 481; Twining v. N .J., 2 11 U. S., 78; Weems z/.
U. S., 217 U. S., 349; Shevlin-Carpenter Co. v. Minnesota, 218 U. S.,
57; Standard Oil Co. v. Mo., 224 U. S ., 270; Graham v. W .Va., 224
U. S., 616; Shapiro v. United States, 235 U. S ., 412; Collins v.
Johnston, 237 U. S ., 502.
AM ENDM ENT IX .
The enumeration in the Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the
people.
Lessee of Livingston v. Moore e ta l., 7 Pet., 469; Spies v. Illi
nois, 123 U. S., 13 1; Jack v. Kansas, 199U. S., 372; Hokeu. United
States, 227 U. S ., 308; Athanasaw v. United States, 227 U. S ., 326;
Bennett v. United States, 227 U. S ., 333; Harris v United States,
227 U. S ., 340.
\
The powers not delegated to the United States by the Con
stitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people.
Chisholm, ex., v. Georgia, 2 Dali., 419; Hollingsworth et al. v.
Va., 3 Dali., 378; Martin v. Hunter’s Lessee, 1 W h., 304; McCulloch
v. Md., 4 W h., 316; Anderson v. Dunn, 6 Wh., 204; Cohen v. Va.,
6 W h .,’264; Osborn v. U .S. Bank, 9 Wh., 738; Buchler v. Finley, 2
Pet., 586; Ableman V. Booth, 21 How., 506; The Collector v. Day,
1 1 W all., 113 ; Claflin v. Houseman, assignee, 93 U. S., 130; Inman
Steamship Company v. Tinker, 94 U. S., 238; United States v. Fox,
94 U. S., 315; Tennessee v. Davis, 100U. S., 257; Church v. Kelsey,
12 1 U. S., 282; Ouachita Packet Co. v. Aiken, 12 1 U. S., 444; W.
U. Tel. Co. v. Pendleton, 122 U. S., 347; Spies v. Illinois, 123 U. S.,
13 1; Bowman v. C. & N. W. R y. Co., 125 U. S ., 465; Mahon v.
Justice, 1 2 7 U. S., 700; Leisy v. Hardin, 135 U. S., 100; Manches
ter v. Mass., 139, U. S., 240; Pollock v. Farm ers’ Loan & Trust Co.,
157 U. S., 429; Forsyth v. Hammond, 166 U. S., 506; St. An
thony F'alls Water Power Co. v. St. Paul Water Commissioners,
168 U. S., 349; M., K . & T. R w y. Co. v. Haber, 169 U. S., 613;
Hancock Mutual Life Ins. Co. v. Warren, 181 U. S ., 73; Kansas v.
Colorado, 185 U. S. 125; Andrews v. Andrews, 188 U. S., 14; North
ern Securities Co. v. United States, 193 U. S ., 197; Turner v. W il
liams, 194 U. S., 279; McCray v. United States, 195 U. S., 27;
Schick v. United States, 195 U. S., 65; Central of Georgia R y. Co. v.
Murphey, 196 U. S., 194; Matter of Heff (Indian), 197 U. S., 488;
Jack v. Kansas, 199 U. S ., 372; South Carolina v. United States, 199
U. S ., 437; Hodges v. United States, 203 U. S., 1; Kansas v. Colo
rado, 206 U. S ., 46; Prentis v. Atlantic Coast Line, 2 11 U. S., 210;
K eller v. United States, 213 U. S ., 138; Adams Express Co. v. K y .,
214 U. S., 218; W. U. Telegraph Co. v. Chiles, 214 U. S., 274; Holm
gren v. U. S., 217 U. S., 509; Engle v. O’ M alley, 219 U. S., 128;
House v. Mayes, 219 U. S., 270; Curtin v. Benson, 222 U. S., 78;
Interstate Com. Comm. v. Goodrich Transit Co., 224 U. S., 194;
Hoke v. United States, 227 U. S ., 308; Athanasaw v. United States,
227 U. S ., 326; Bennett v. United States, 227 U. S ., 333; Harris v.
United States, 227 U. S ., 340; Lewis Publishing Co. v. Morgan, 229
U . S . ,288; Intermountain Rate Cases, 234 U. S., 476; United States
v. Union Pacific R . R . Co., 234 U. S ., 4 9 5 ‘. St. Benedict Order v.
Steinhauser, 234 U. S ., 640.
AM ENDM ENT X I.
The Judicial power of the United States shall not be con
strued to extend to any suit in law or equity, commenced or
prosecuted against one of the United States by Citizens of
another State, or by Citizens or Subjects of any Foreign State.
State of Georgia v. Brailsford et al., 2 D ali., 402; Chisholm,
ex., v. State of Georgia, 2 Dali., 419; Hollingsworth et al. v. V ir
ginia, 3 Dali., 378; Cohen v. Virginia, 6 W h., 264; Osborn v.
Constitution of the United States.
233
United States Bank, 9 Wh., 738; United States v. The Planters’
Bank, 9 Wh., 904; The Governor of Georgia v. Juan Madrazo, 1
Pet., n o ; Cherokee Nation v. State of Georgia, 5 Pet., 1; Briscoe
v. The Bank of the Commonwealth of Kentucky, xx Pet., 257;
Curran v. State of Arkansas et al., 15 How., 304; Louisiana v. Jumel,
107 U. S., 7 11 ; New Hampshire v. Louisiana, 108 U. S., 76; Clark
v. Barnard, 108 U. S., 436; Cunningham v. Macon & Brunswdck
Railroad, 109 U. S., 446; Poindexter v. Greenhow, 114 U. S ., 270;
Allen, auditor, et al. v. Baltimore & Ohio R. R . Co., 119 U. S ., 3 1 1 ;
Hagood v. Southern, 117 U. S., 52; Ralston v. Missouri Fund Com
missioners, 120 U. S., 390; In re Ayers, 123 U. S., 443; Christian v.
Atlantic & North Carolina R. R . Co., 133 U. S ., 233; Lincoln
County v. Luning, 133 U. S., 529; Hans v. Louisiana, 134
U. S., 1; North Carolina v. Temple, 134 U. S., 22; New York
Guaranty Co. v. Steele, 134 U. S., 230; Coupon Cases, 135 U. S.,
662; Pennoyer v. McConnaugliy, 140 U. S., 1; United States v.
Texas, 143 U. S., 621; In re Tyler, 149 U. S., 164; Reagan v.
Farmers’ Loan & Trust Co., 154 U. S., 362; Reagan v. Mercantile
Trust Co., 154 U. S., 413; Scott v. Donald, 165 U. S ., 58; Scott v.
Donald, 165 U. S., 107; Tindal v. Wesley, 167 U. S., 204; Smyth
v. Ames, 169 U. S., 466; Fitts v. McGhee, 172 U. S., 516; Louisiana
v. Texas, 176 U. S., 1; Smith v. Reeves, 178 U. S., 436; Scranton
v. Wheeler, 179 U. S., 14 1; Illinois Central R . R. Co. v. Adams,
180 U. S., 28; I’rout v. Starr, 188 U. S., 537; South Dakota v. North
Carolina, 192 U. S., 286; Chandler v. Dix, 194 U. S., 590; Jacob
son v. Mass., 197 U. S., ix ; Graham v. Folsom, 200 U. S., 248;
Gunter v. Atlantic Coast Line, 200 U. S., 273; McNeill v. Southern
Railw ay Co., 202 U. S., 543; Mississippi R. R. Commission v.
Illinois Central R. R ., 203 U. S., 335; Virginia v. W. Va., 209
U. S., 290; E x parte Young, 209 U. S., 123; General Oil Co. v.
Crain, 209 U. S., 2 11; Scully v. Bird, 209 U. S., 481; Murray v.
Wilson Distilling Co., 213 U. S., 15 1; Ludwig v. W. U. Tele
graph Co., 216 U. S., 146; W. U. Telegraph Co. v. Andrews,
216 U. S., 165; Herndon v. C., R. I. & P. R v. Co., 218 U. S., 135;
Roach v. A., T. & S. F. R y. Co., 218 U. S., 159; Hopkins v. Clemson College, 221 U. S ., 636; Harrison v. St. Louis & San Francisco
R . R . Co., 232 U. S ., 3x8; Lankford v. Platte Iron Works, 235 U. S.,
461; American Water Co. v. Lankford, 235 U. S.,496; Farish v. State
Banking Board, 235 U. S., 498.
AMENDMENT X II.
The Electors shall meet in their respective states and vote by
ballot for President and Vice-President, one of whom, at least,
shall not be an inhabitant of the same state with themselves;
they shall name in their ballots the person voted for as President,
and in distinct ballots the person voted for as Vice-President,
and they shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President, and
of the number of votes for each, which lists they shall sign
234
Constitution of the United States.
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 presence of the Senate
and House of Representatives, open all the certificates and
the votes shall then be counted;— The person having the
greatest number of votes for President, shall be the President,
if such number be a majority of the whole number of Electors
appointed; and if no person have such majority, then from
the persons having the highest numbers not exceeding three
on the list .of those voted for as President, the House of Repre
sentatives shall choose immediately, by ballot, the President.
But in choosing the President, the votes shall be taken by states,
the representation from each state having one vote; a quorum
for this purpose shall consist of a member or members from twothirds of the states, and a majority of all the states shall be
necessary to a choice. And if the House of Representatives
shall not choose a President whenever the right of choice shall
devolve upon them, before the fourth day of March next follow
ing, then the Vice-President shall act as President, as in the case
of the death or other constitutional disability of the President.—
The person having the greatest number of votes as Vice-Presi
dent, shall be the Vice-President, if such number be a majority
of the wdiole number of Electors appointed, and if no person
have a majority, then from the two highest numbers on the list,
the Senate shall choose the Vice-President; a quorum for the
purpose shall consist of two-thirds of the whole number of Sen
ators, and a majority of the whole number shall be necessary to
a choice.
But no person constitutionally ineligible to the office
of President shall be eligible to that of Vice-President of the
United States.
AM ENDM ENT X II I .
S e c t i o n i . Neither slavery nor involuntary servitude, except
as a punishment for crime whereof the party shall have been
Constitution o f the United States.
place subject to their jurisdiction.
S e c t i o n 2 . C o n g r e s s s h a ll h a v e pow 7e r to e n fo r c e t h is a r t ic le
b y a p p r o p r ia t e le g is la t io n .
AMENDMENT X IV .
S e c t io n
i
.
A ll persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside.
No
mmammm.k
Dred Scott v. Sandford, 19 How., 393; White v. Hart, 13 Wall.,
646; Osborn v. Nicholson, 13 W all., 654; Slaughterhouse Cases,
16 W all., 36; E x parte Virginia, 100 U. S., 339; Civil Rights Case,
109 U. S., 3; Plessy v. Ferguson, 163 U. S., 537; Robertson v. Baldwin,
165 U. S., 275; Clyatt v. U. S., 197 U. S., 207; Patterson v. Bark
Eudora, 190 U. S., 169; Clyatt v. U. S., 197 U. S., 207; Hodges v.
U. S., 203 U. S., 1; Bailey v. Ala., 2 11 U. S., 452; Bailey V. Ala., 219
U. S ., 219; United States v. Reynolds, 235 U. S ., 133.
/ v!e rrfio rW * ' w
duly convicted, shall exist within the United States, or any
State shall make or enforce any law which shall abridge the
Index Senators
Strauder v. West Virginia, 100 U. S., 303; Virginia v. Rivers, 100
U. S., 3 13 ; E x parte Virginia, 100 U. S., 339; Missouri v. Lewis,
101 U. S., 22; Civil Rights Cases, 109 U. S., 3; Louisiana v. New
Orleans, 10 9 U. S.,28 5; Hurtado v. California, n o U. S., 516; Hagar
v. Reclamation Dist., i n U. S., 701; E lkz'. Wilkins, 112 U. S., 94;
Head v. Amoskeag Mfg. Co., 113 U. S., 9; Barbier v. Connolly, 113
U. S., 27; Provident Institution v. Jersey City, 113 U. S., 506; Soon
Hing v. Crowley, 113 U. S ., 703; Wurts v. Hoagland, 114 U. S ., 606;
K y . R . Rd. Tax Cases, 115 U. S., 32 1; Campbell v. Holt, 115 U. S.,
620; Presser v. Illinois, 116 U. S ., 252; Stone v. Farmers’ Loan and
Trust Co., 116 U. S., 307; Arrowsmith v. Harinoning, 118 U. S., 19-4;
Y ick Wo v. Hopkins, 118 U. S., 356; Santa Clara Co. v. S. Pacific
R . R d., 118 U. S., 394; Phila. Fire Assn. v. N. Y ., 119 U. S., n o ;
Schmidt v. Cobb, 119 U. S., 286; Baldwin v. Frank, 119 U. S.,678;
Hayes v. Missouri, 120 U. S., 68; Church v. Kelsey, 121 U. S., 282;
Pembina Mining Co. v. Penna., 125 U. S., 18 1; Spencer v. Merchant,
125 U. S ., 345; Dow v. Beidelman, 125 U. S ., 680; Bank of Redemp
tion v. Boston, 125 U. S., 60; Ro Bards v. Lamb, 127 U. S., 58; Mo.
Pac. Rw y. Co. v. Mackey, 127 U. S., 205; Minneapolis and St. Louis
Rw y. v. Herrick, 127 U. S., 210; Powell v. Penna., 127 U. S., 678;
Kidd v. Pearson, 128 U. S., 1; Nashville, Chattanooga, & c., Rw y. v.
Alabama, 128 U. S., 96; Walston v. Navin, 128 U. S., 578; Minne
apolis and St. Louis Rwv. v. Beckwith, 129 U. S., 26; Dent v. West
Va., 129 U. S., 114 ; Hufing v. K aw Valley Rw y. and Improvement
n:
privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
Constitution o f the United States.
Co., 130 U. S., 559; Freeland v. Williams, 131 U. S., 405; Cross v.
North Carolina, 132 U. S., 13 1; Pennie v. Reis, 132 U. S., 464; Sugg
v. Thornton, 132 U. S., 524; Davis v. Beason, 133 L . S., 333; Ellenbecker v. Plymouth Co., 134 U. S., 3 1; Bell Gap R. Rd. Co. v. Penna.,
134 U. S., 232; Chicago, Milwaukee & St. Paul Rw y. v. Minnesota,
134 U. S., 418; Home Ins. Co. v. N. Y ., 134 U. S., 594; Louisville
& Nashville R . Rd. Co. v. Woodson, 134 U. S ., 614; Home Ins. Co.
v N Y ., 134 U. S., 594; Leisy v. Hardin, 135 U. S., 100; In re Kemmler, 136 U. S., 436; York v. Texas, 137 U. S., 15; Crowley v. Chris
tensen, 137 U. S., 89; Wheeler v. Jackson, 137 U. S., 245; Holden v.
Minnesota, 137 U. S., 483; In re Converse, 137 U. S., 624; Caldwell
v. Texas, 137 U. S., 692; Kauffman v. Wootters, 138 U. S., 285; Lesper v. Texas, 139 U. S ., 462; In re Manning, 139 U. S., 504; Mabal
v. Louisiana, 139 U. S., 621; In re Duncan, 139 U. S., 449; In re
Shibuya Jugiro, 139 U. S., 291; Lent v. Tillson, 140 U. S., 316; New
Orleans v. N. O. WT
ater W ’ks, 142 U. S., 79; M cElvaine v. Brush, 142
U. S., 155; Kaukauna Water Power Co. v. Miss. Canal Co., 142 U. S.,
254; Charlotte, Augusta & Col. R . Rd. Co. v. Gibbes, 142 U. S., 386;
Pacific E x . Co. v. Siebert, 142 U. S., 339; Horn Silver Mining Co. v.
N .Y .,14 3 U. S.,305; Budd z\N .Y .,i43 U. S .,5 i7 ; Schwab v. Berggren,
143 U. S., 442; Fielden v. Illinois, 143 U. S., 452; N. Y . v. Squire, 144
U. S., 175; Brown v. Smart, 144 U. S., 454; McPherson v. Blacker,
146 U. S., 1; Morley v. Lake Shore & Mich. Southern Ry. Co., 146
U. S ., 162; H allinger v. Davis, 146 U. S., 314; Yesler v. Washington
Harbor Line Comsrs., 146 U. S., 646; B utlers. Goreley, 146U. S., 303;
Southern Pacific Co. v. Denton, 146 U. S., 202; Tliorington v. Mont
gomery, 147 U. S., 490; Giozza v. Tiernan, 148 U. S., 657; Paulsen v.
Portland, 149 U. S ., 30; Minn. & St. L. Rwy. Co. v. Emmons, 149 U.
S., 364; Columbus So. Rwy. Co. v. Wright, 151 U. S., 470; In re Fred
erick, 149 U. S., 70; M cNulty v. Calif, 149 U. S., 645; Lees v. U. S.,
15 0 U. S., 476; Lawton v. Steele, 152 U. S., 133; Montana*Co. v. St.
Louis Mining Co., 152 U. S., 160; Duncan v. Missouri, 152 U. S., 377;
McKane v. Durston, 153 U. S ., 684; Marchant v. Penna. R. R. Co.,
153 U. S., 380; Brass v. Stoeser, 153 U. S., 391; Scott v. McNeal, 154
U. S., 34; Reagan v. Far. Loan & Trust Co., 154 U. S., 362; P., C., C.
& St. L. R. R . Co. v. Backus, 154 U. S., 421; Interstate Com.
Comsn. v. Brimson, 154 U. S .,4471 Reagan v. Mercantile Trust Co.,
154 U. S., 447; Pearce v. Texas, 155 U. S ., 3 1 1 ; Pittsburg & So.
Coal Co. v. La., 156 U S., 590; Andrews v. Swartz, 156 U. S., 272;
St. L. & S. F . R w y. Co. v. Gill, 156 U. S., 649; Stevens, admr., v.
Nichols, 157 U. S ., 370; Bergemann v . Becker, 157 U. S., 655;
Quarles V. Butler, 158 U. S., 532; Gray v. Connecticut, 159 U. S., 741
Central Land Co. V. Laidley, 159 U. S., 103; Moore v. Missouri, 159
U. S ., 673; Winona & St. Peter Land Co. v. Minn., 159 U. S., 528;
Iowa Cent. R y. Co. v. Iowa, 160 U. S ., 389; Eldridge v. Trezevant,
160 U. S., 452; Laing v . Rigney, 160 U. S., 5 3 1; Gibson V. Miss., 162
U. S., 565; Western Union Telegraph Co. v. Taggart, 163 U. S., 1;
Lowe v. Kansas, 163 U. S ., 8 1; Plessy v. Ferguson, 163 U. S ., 537;
Talton v. Mayes, 163 U. S., 376; Fallbrook Irrigation District v.
Bradley, 164 U. S., 112 ; Mo. Pac. Ry. Co. ^.Nebraska, 164 U. S., 403;
Covington, &c., Turnpike Co. v. Sandford, 164 U. S., 578; St. Louis
&c. R y. Co. v. Mathews, 165 U. S . , 1; G ulf &c. R y. Co. v. Ellis, 165
U. S., 150; Jones v. Brim, 165 U. S., 180; Adams E x. Co. v. Ohio, 165
U. S., 194; Western Lhiion Tel. Co. v. Indiana, 165 U. S ., 304; Allgeyer v. Louisiana, 165 U. S., 578; Allen v. Georgia, 166 U. S., 138;
Adams E xp . Co. v. Kentucky, 166 U. S ., 17 1; Chicago, & c., R . R.
f
23
7
Co. v. Chicago, 166 U. S ., 226; Gladson v. Minn., 166 U. S., 427;
Long Island, &c., Co. v. Brooklyn, 166 U. S ., 685; Sentell v. New
Orleans, &c., R. R. Co., 166 U. S., 698; Davis v. Mass., 167 U. S., 43;
Merchants’ Bank v. Pa., 167 U. S., 461; Turner V. New York, 168
U. S., 90; Craemer v. Washington, 168 U. S., 124; Hodgson v. Ver
mont, 168 U. S., 262; Nobles v. Georgia, 168 U. S., 398; McHenry
v. Alford, 168 U. S., 651; Holden v. Hardy, 169 U. S., 366; Savings
& Loan Society v. Multnomah County, 169 U. S., 421; Smyth v.
Ames, 169 U. S., 466; Wilson v. North Carolina, 169 U. S., 586; U. S.
v. Wong Kim Ark, 169 U. S., 649; Backus v. Fort Street, & c., Co.,
169 U. S., 557; Williams v. Miss., 170 U. S., 213; Galveston, &c., R y.
Co. v. Texas, 170 U. S., 226; Magoun u. 111. Trust & Savings Bank,
170 U. S., 283; Williams v. Eggleston, 170 U. S., 304; Tinsley v.
Anderson, 17 1 U. S., 10 1; K in g v. Mullins, 17 1 U. S., 404; New York
v. Roberts, 171 U. S., 658; Meyer v. Richmond, 172 U. S., 82; Blake v.
McClung, 172 U. S., 239; Nonvood v. Baker, 172 U. S., 269; Orient
Ins. Co. v. Daggs, 172 U. S., 557; Wilson v. Eureka City, 173 U. S.,
32; Central Loan & Trust Co. v. Campbell Commission Co., 173 U. S.,
84; Dewey v. Des Moines, 173 U. S., 193; St. Louis, & c., R y. Co. v.
Paul, 173 U. S., 404; Henderson Bridge Co. v. Henderson City, 173
U. S., 592; Lake Shore, &c., R y. Co. v. Smith, 173 U. S., 684; Atchi
son, & c., R. R . Co. v. Matthews, 174 U. S., 96; Brown v. N. J., 175 U.
5., 172; Tullis v. Lake Erie &c. R. R. Co., 175 U. S., 348; Camming
v. Richmond County Board of Education, 175 U. S., 528; Bolin v.
Nebraska, 176 U. S., 83; Clark v. Kansas City, 176 U. S., 114 ; Roller
v. Holly, 176 U. S., 398; Weyerhaueser v. Minn., 176 U. S., 550;
M axwell v. Dow, 176 U. S., 581; Gundling v. Chicago, 177 U. S., 183;
Ohio Oil Co. v. Indiana, 177 U. S., 190; Louisville, &c., R. R. Co. v.
Schmidt, 177 U. S., 230; Saranac Land & Timber Co. v. Comptroller
of N. Y ., 177 U. S., 318; Carter v. Texas, 177 U. S.,442; L ’ Hote v.
New Orleans, 177 U. S., 587; Su lly v. Am. Ntl. Bank, 178 U. S., 289;
Wheeler v. New York &c. R. R. Co., 178 U. S., 32 1; Taylor v. Beck
ham, 178 U. S., 548; Am. Sugar Refining Co. v. Louisiana, 179 U. S.,
89; Williams v. Fears, 179 U. S., 270; New York v. Barker, 179 U.
5 ., 279; Wisconsin &c. R. R. Co. v. Jacobson, 179 U. S., 287; Mason
v. Missouri, 179 U. S., 328; McDonald v. Mass., 180 U. S., 3 1 1 ; Car
gill v. Minnesota, 180 U. S.,452; Hancock Mutual Life Ins. Co. v.
Warren, 181 U. S., 73; French v. Barber Asphalt Paving Co., 181
U. S., 324; Tonawanda v. Lyon, 18 1 U. S ., 389; Webster v. Fargo,
181 U. S., 394; Cass Fanil Co. v. Detroit, 181 U. S., 396; Detroit v.
Parker, 181 U. S., 399; Red River Valley Bank z> Craig, 181 U. S.,
.
548; Mallett v. North Carolina, 181 U. S., 589; Simon v. Craft, 182
U. S., 427; Cotting v. Kansas &c. Co., 183 U. S., 79; Orr v. Gilman,
183 U. S., 278; Florida Central &c. R. R. Co. v. Reynolds, 183 U. S.,
471; Louisville &c. R. R . Co. v. Kentucky, 183 U. S .,5 0 3; Nutting
v. Mass., 183 U. S., 553; K in g v. Portland City, 184 U. S., 61; Clark
v. Titusville, 184 U. S., 329; Booth v. Illinois, 184 U. S.,4 25; Good
rich v. Detroit, 184 U. S., 432; St. Louis Cons. Coal Co. v. Illinois,
185 U. S., 203; Fidelity Mut. Life Assn. v. Mettler, 185 U. S., 308;
Travellers’ Ins. Co. v. Connecticut, 185 U. S., 364; Minneapolis &c.
R . R . Co. v. Minnesota, 186 U. S., 257; Turpin v. Lemon, 187 U. S.,
5 1; Dreyer v. Illinois, 187 U. S., 7 1; Chadwick v. Kelley, 187 U. S.,
540; Otis v. Parker, 187 U. S., 606; Billings v. Illinois, 188 U. S., 97;
Blackstone v. Miller, 188 U. S., 189; Hooker v. Los Angeles, 188
m
S 9 IJ 0 1 IJ J 9 I
Constitution of the United States.
■
Constitution o f the United States.
v.
U. S., 3x4; Louisville &c. Ferry Co.
Kentucky, 188 U. S., 385;
W illiams
Parker, 188 U. S., 491; Reetz
Michigan, 188 U. S.,
505; Schaefer v. Werling, 188 U. S., 516; Kidd v. Alabama, 188
U. S., 730; Glidden
Harrington, 189 U. S., 255; Farmers &c. Ins.
Co.
Dobney, 189 U. S., 301; Detroit &c. R y.
Osborn, 189 U. S.,
383; K n oxville Water Co. v. Knoxville, 189 U .S ., 434; Patterson v.
Bark Eudora, 190 U. S., 169; Howard
Fleming, 191 U. S., 126;
Missouri v. Dockery, 191 U. S., 165; Atkin v. Kansas, 191 U. S.,
207; Hibben v. Smith, 191 U. S., 310; Board of Assessors v. Comptoir National, 191 U. S., 388; Arbuckle v. Blackburn, 191 U. S.,
405; Cronin v. Adams, 192 U. S., 108; Stanislaus County v. San
Joaquin C. & I. Co., 192 U. S., 201; Rogers
Alabama, 192 U. S.,
226; Adams
New York, 192 U. S., 585; Cincinnati Street R y. Co.
v. Snell, 193 U. S., 30; Minn. & St. Louis R . R. Co. v. Minnesota,
193 U. S., 53; Leigh
Green, 193 U. S., 79; Rippey
Texas, 193
U. S., 504; Great Southern Hotel Co. Jones, 193 U. S., 532; Newburyport Water Co.
Newbury port, 193 U. S., 561; Pope
Wil
liams, 193 U. S., 621; West
Louisiana, 194 U. S., 258; Missouri,
Kansas & Texas R y. Co. v. May, 194 U. S ., 267; Fischer v. St. Louis,
194 U. S., 361; Lloyd
Dollison, 194 U. S., 445; Shepard v. Bar
ron, 194 U. S., 553; Field
Barber Asphalt Co., 194 U. S., 618;
Bradley
Lightcap, 195 U. S., 1; Aikens
Wisconsin, 195 U. S.,
194; Dobbins
Los Angeles, 195 U. S., 223; National Exchange
Bank v. Wiley, 195 U. S .( 257; Olsen v. Smith, 195 U. S., 332;
Seattle
Kelleher, 195 U. S., 351; Helena &c. Co.
Helena, 195
U. S., 383; Cook v. Marshall County, 196 U. S., 261; Hodge v.
Muscatine County, 196 U. S., 276; Sm iley
Kansas, 196 U. S.,
447; Corry
Baltimore, 196 U. S., 466; Coulter v. Louisville &
Nashville R. R . Co., 196 U. S., 599; Scottish Union & Nat. Ins.
Co. v. Bowland, 196 U. S., 6 11; Jacobson v. Massachusetts, 197
U. S., 1 1 ; National Cotton Oil Co. v. Texas, 197 U. S., 115 ; Dallemagne
Moisan, 197 U. S., 169; Dawson
Columbia Trust Co.,
197 U. S., 178; L. & N. R. R . Co. Barber Asphalt Co., 197 U. S.,
430; New Orleans Gas Co.
Drainage Commission, 197 U. S., 453;
Iron Cliffs Co. v. Negaunee Iron Co., 197 U. S., 463; Lochner v.
New York, 198 U. S., 45; Delaware, L ., &c. R. R. Co. v. Pennsyl
vania, 198U. S ., 341; Clark
Nash, 198 U. S .,3 6 1; Savannah, & c.,
R y.
Savannah, 198 U. S., 392; Cunnius
Reading School Dis
trict, 198 U. S., 458; Ah Sin
Wittman, 198 U. S., 500; Metro
politan Street R y. Co. v. New York, 199 U. S., x; Brooklyn City
R. R. Co. v. New York, 199 U. S., 48; Farrell z\ O’Brien, 199 U. S.,
89; Union Transit Co. Kentucky, X99U. S., 194; Marvin v.Trout,
199 U: S., 212; K ies
Lowrey, 199 U. S., 233; Gardner
Mich
igan, 199 U. S., 325; Jack v. Kansas, 199 U. S., 372; Carroll v.
Greenwich Ins. Co., 199 U. S., 401; Rogers v. Peck, 199 U. S., 425;
Lieberman
Van De Carr, 199 U. S., 552; Minnesota Iron Co. v.
Kline, 199 U. S., 593; Waterworks Co. V. Owensboro, 200 U. S., 38;
Campbell
California, 200 U. S., 87; Howard
Kentucky, 200
U. S., X64; Annour Packing Co. v. Lacy, 200 U. S., 226; Carfer v.
Caldwell, 200 U. S ., 293; Martin Texas, 200 U. S., 316; Strickley
Zf. Highland Boy Mining Co., 200 U. S ., 527; C., B. & Q. Railway
V. Drainage Commissioners, 200 U. S ., 561; Felts v . Murphy, 201
U. S., 123; Otis Co. v. Ludlow Co., 201 U. S., 140; Michigan Cen
tral R. R.
Powers, 201 U. S ., 245; Soper v. Lawrence Brothers,
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Constitution of the United States.
239
201 U. S., 359; West Chicago R . R. v. Chicago, 201 U. S., 506;
St. John v. New York, 201 U. S., 633; Rawlins v. Georgia, 201
U. S., 638; Devine v. Los Angeles, 202 U. S., 3 13 ; Cox v. Texas,
202 U. S., 446; N. Y . Central R. R. v. Miller, 202 U. S., 584;
Hodgers v. U. S., 203 U. S., 1; National Council v. State Coun
cil, 203 U. S., 15 1; St. M ary’s Company v. West Virginia, 203
U. S. 183; Northwestern Ins. Co. v. Riggs, 203 U. S., 243; At
lantic Coast Line R . R. Co. et al. v. Florida ex rel. E llis, 203
U. S., 256; Martin v. Pittsburg & L. E . R . R. Co., 203 U. S., 284;
Security Co. v. Lexington, 203 U. S., 323; Oldfield v. N. Y ., N. H.
& H. R. R . Co., 203 U. S., 372; Fair Haven & W. R. R. Co. v.
Newhaven, 203 U. S., 379; Gatewood v. North Carolina, 203 U. S.,
531; Cahen v. Brewster, 203 U. S., 543; Board of Education v. Illi
nois, 203 U. S., 553; Old Wayne Assn. v. McDonough, 204 U. S., 8;
Bachtel v. Wilson, 204 U. S ., 36; Cleveland R. R. Co. v. Cleveland,
204 U. S., 116 ; New York ex rel. Hatch v. Reardon, 204 U. S., 152;
Ballard v. Hunter, 204 U. S., 241; Bacon v. Walker, 204 U. S .,3 1 1 ;
Western Turf Ass. v. Greenbergh, 204 U. S., 359; Serra v. Mortiga,
204 U. S., 470; Chicago, B. & Q. R. R. Co. v. Babcock, 204 U. S.,
585; Coffey v. Harlan County, 204 U. S., 659; Halter v. Nebraska,
205 U. S., 34; Wilmington Star Mining Co. v. Fulton, 205 U. S.,
60; Wetmore v. Karrick, 205 U. S ., 14 1; Tracy v. Ginzberg, 205 U.
S., 170; Urquhart v. Brown, 205 U. S., 179; Metropolitan Life Ins.
Co. v. New Orleans, 205 U. S., 395; Patterson v. Colorado ex rel.
Atty. Genl., 205 U. S., 454; Chanler v. Kelsey, 205 U. S., 466; At
lantic C. L. R. R . Co. v. No. Carolina Corp. Com., 206 U. S., 1;
Buck v. Beach, 206 U. S., 392; Bernheimer v. Converse, 206 U. S.,
516; Sauer v. New York, 206 U. S., 536; Raymond v. Chicago
Traction Co., 207 U. S., 20; Lee v. New Jersey, 207 U. S .,6 7 ;
Seaboard Air Line R. R. Co. v. Seegers, 207 U. S., 73; Interstate
C. S. R. R. Co. v. Mass., 207 U. S., 79; Leathe v. Thomas, 207
U .S ., 93; Central of Georgia R. R. Co. v. Wright, 207 U. S., 127;
Hunter v. Pittsburg, 207 U. S ., 16 1; Shoenerp. Pennsylvania, 207
U. S., 188; Ozan Lumber Co. v. Union County Natl. Bank, 207
U. S., 251; Polk v. Mutual Reserve Fund Ass., 207 U. S., 310;
Heath & Milligan Mfg. Co. v. Worst, 207 U. S., 338; Vandalia
R. R . Co. v. Indiana ex rel. So. Bend, 207 U. S., 359; Consolidat
ing Rendering Co. v. Vermont, 207 U. S., 541; I. M. Darnell &
Son Co. v. Memphis, 208 U. S., 113 ; Elder v. Wood, 208 U. S .,
226; Cosmopolitan Club v. Virginia, 208 U. S., 378; Muller v.
Oregon, 208 U. S., 412; Ughbanks v. Armstrong, 208 U. S., 481;
The Disconto Gesellschaft v. Umbreit, 208 U. S., 570; Northern
Pacific R y. v. Duluth, 208 U. S., 583; Hairston v. Danville &
Western R. R. Co., 208 U. S., 598; E x parte Young, 209 U. S .,
123; Hunter v. Wood, 209 U. S., 205; Thomas v. Iowa, 209 U. S.,
258; Thompson v. Kentucky, 209 U. S.,340; Hudson County Water
Company v. McCarter, 209 U. S., 349; Longyear v. Toolan, 209
U. S., 414; Stickney v. Kelsey, 209 U. S., 419; Lang v. New Jersey,
209 U. S., 467; Central R. R. Co. v. Jersey City, 209 U. S., 473;
Cleveland, C., C. & St. L. R . R. Co. v. Porter, 210 U. S., 177; St.
Louis v. United Railways Co., 210 U. S., 266; Delmar Jockey Club
v. Mo. ex rel. Atty. Genl., 210 U. S., 324: Londoner v. Denver,
210 U. S., 373; Silz
Hesterberg, 2 11 U. S., 3 1 ; Berea College
Kentucky, 2 11 U. S., 451 Twining
New Jersey, 2U U. S., 78;
v.
i\
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240
Constitution o f the United States.
Prentis v. Atlantic Coast Line, 2 11 U. S., 210; Garfield v. Goldsby,
2 11 U .S.,249; Garfield
Allison, 2 11 U. S., 264; Home Telephone
Co.
Los Angeles, 2 11 U. S., 265; North American Storage Co. v.
Chicago, 2 11 U. S., 306; Paddell v. City of New York, 2 11 U. S., 446;
Bailey v. Alabama, 2 11 U. S., 452; Beers
Glynn, comptroller, 2 11
U. S., 477; Lemieux v. Young, trustee, 2 11 U. S ., 489; Rusch v. John
Duncan Land C o .,2 11 U .S.,526; McLean V. Arkansas, 2 11 U S.,539;
W ilcox v. Consolidated Gas Co., 212 U. S., 19; Moyer v. Peabody, 212
U. S., 78; Waters-Pierce Oil Co. v. Texas (No. 1), 2x2 U. S., 86;
Waters-Pierce Oil Co. v. Texas (No. 2), 212 U. S., 112 ; Louisville &
Nashville R . R . Co. v. Stock Yards Co., 212 U. S., 132; Ontario Land
Co. v. Yordy, 212 U. S ., 152; Hammond Packing Co. v. Arkansas,
212 U. S .,32 2 ; Bonner v. Gorman, 213 U. S.,8 6 ; Keerl
Montana,
2x3, U. S., 135; Goodrich v. Ferris, 214 U. S ., 7 1; Welch v. Swasey,
214 U .S., 91; District of Columbia v. Brooke, 2 14 U. S., 138; St. Paul,
Minn. & Manitoba R y. Co. v. Minnesota, 214 U. S., 497; Marbles
v. Creecy, 215 U. S., 63; Scott County Road Co. v. Hines, 215 U. S.,
336; Western Union Telegraph Co. v. Kansas, 216 U. S., 1; K ing
v. West Virginia, 216 U. S., 92; Missouri Pacific R y. v. Kansas,
216 U. S., 262; Laurel H ill Cemetery v. San Francisco, 216 U. S.,
358; Southern Ry. Co. v. Greene, 216 U. S., 400; Board of Assessors
v. New Y ork Life Insurance Co., 216 U. S., 517; Withnell v. Bush
Construction Co., 216 U. S ., 603; Williams v. Arkansas, 217 U. S.,
79; International Text-Book Co. v. Pigg, 217 U. S., 91; South
western Oil Co. v. Texas, 217 U. S., 114 ; Boston Chamber of Com
merce v. Boston, 217 U. S., 189; Missouri Pacific R y. v. Nebraska,
217 U. S., 196; Standard Oil Co. v. Tennessee, 217 U. S., 413;
Grenada Lumber Co. v. Mississippi, 217 U. S., 433; Citizens’ Na
tional Bank v. Kentucky, 217 U. S., 443; F ay v. Crozier, 217 U. S.,
455; Kidd, Dater & Price Co. v. Musselman Grocer Co., 217 U. S.,
461; Brown-Fonnan Co. v. Kentucky, 217 U. S., 563; L. & N. R. R.
Co. v. Melton, 218 U. S., 36; Shevlin-Carpenter Co. v. Minnesota,
218 U. S., 57; Franklin v. South Carolina, 218 U. S., 16 1; Watson
v. Maryland, 218 U. S., 173; Ling Su Fan v. U. S., 218 U. S., 302;
Cin., I. & W. R y. Co. v. Connersville, 218 U. S ., 336; W. U. Tel.
Co. v. Commercial M illing Co., 218 U. S ., 406; U. S. v. Heinze,
218 U. S., 532; 111. Cent. R . R . Co. v. Kentucky, 218 U. S., 551;
Griffith v. Connecticut, 218 U. S., 563; Mobile, J. & K . C. R. R . Co.
v. Turnipseed, 219 U. S ., 35; Am. Land Co. v. Zeiss, 219 U. S., 47;
Noble State Bank v. Haskell, 219 U. S., 104; Shallenberger v. First
State Bank, 219 U. S., 114 ; Assaria State Bank v. Dolley, 219 U. S.,
12 1; Engle v. O’Malley, 219 U. S., 128; Kentucky Union Co. v.
Kentucky, 219 U. S., 140; Bailey
Alabama, 219 U. S., 219; House
v. Mayes, 219 U. S ., 270; Broadnax v. Missouri, 219 U. S., 285; Ger
man Alliance Ins. Co. v. Hale, 219 U. S ., 307; C., R . I. & P. R. R.
Co. v. Arkansas, 219 U. S ., 453; C., B. & Q. R. R. Co. v. McGuire,
219 U. S., 549; Lindsley v. Natural Carbonic Gas Co., 220 U. S., 61;
Flin t
Stone Tracy Co., 220 U. S ., 107; Shawnee Sewerage &
Drainage Co. v. Stearns, 220 U. S., 462; Sperry & Hutchinson Co.
v. Rhodes, 220 U. S., 502; Appleby v. Buffalo, 221 U. S ., 524; Bris
coe v. District of Columbia, 221 U. S., 547; Provident Savings Insti
tution v. Malone, 221 U. S., 660; Blinn v. Nelson, 222 U. S., 1; Fin
ley v. California, 222 U. S., 28; Mutual Loan Co. v. Martell, 222
U. S., 225; Aluminum Co. v. Ramsey, 222 U. S., 251; City of Chi-
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Ternrones*’ — r^ ig w iw u i
v.
bolian
iieskin, 222 u. b., 522; ixeeney v. New York, 222 U. S.,
525; Second Em ployers’ Liability Cases, 223 U. S., 1; Quong Wing
v. Kirkendall, 223 U. S., 59; Pacific States Tel. Co. V. Oregon, 223
U. S., 118 ; Jacob
Roberts, 223 U. S., 261; Collins v. Texas, 223
U. S., 288; Reitler v. Harris. 223 U. S., 437; Ontario Land Co.
Wilfong, 223 U. S., 543; W. U. Tel. Co. v. Richmond, 224 U. S.,
160; Converse
Hamilton, 224 U. S., 243; Standard Oil Co. Mis
souri, 224 U. S., 270; Crozier
Krupp, 224 U. S., 290; St. L ., I. M.
& S. R y. Co.
Wynne, 224 U. S., 354; Oregon R . R . & N. Co.
Fairchild, 224 U. S., 510; Missouri Pacific R y . Co.
Castle, 224
U. S., 5 4 0 McCaughy
Lyall, 224 U. S., 558; Graham
West
Va., 224 U. S., 616; Jordan v. Massachusetts, 225 U. S., 167; Nor
folk Turnpike Co. v. Virginia, 225 U. S., 264; Louisville v. Cum
berland T. & T. Co., 225 U. S., 430; Savage v. Jones, 225 U. S., 501;
Standard Stockfood Co. v. Wright, 225 U. S., 540; Murphy v. Cali
fornia, 225 U. S., 623; Selover, Bates & Co. u. Walsh, 226 U. S., 112 ;
Eubank
Richmond, 226 U. S., 137; Central Lumber Co.
South
Dakota, 226 U. S., 157; Toyota v. Hawaii, 226 U. S ., 184; Yazoo &
M. V. R . R . Co.
Jackson Vinegar Co., 226 U. S-, 217; Rosenthal
v. New York, 226 U. S., 260; Darnell v. Indiana, 226 U. S., 390;
Williames
Talladega, 226 U. S ., 404; Schmidinger
Chicago, 226
U. S., 578; Ross
Oregon, 227 U. S., 150; Home Tel. & Tel. Co.
Los Angeles, 227 U. S ., 278; Hutchinson Valdosta, 227 U. S., 303;
Hoke
United States, 227 U. S ., 308; Athanasaw United States,
227 U. S., 326; Bennett
United States, 227 U. S ., 333; Harris
United States, 227 U. S., 340; Bradley
Richmond, 227 U. S.,
477; Abilene National Bank
Dolley, 228 U. S., 1; Metropolis
Theatre Co.
Chicago, 228 U. S ., 6 1; Chicago, B. & Q. R . R . Co. v.
Cram, 228 U. S., 70; Chicago, B . & Q. R. R . Co. K y le , 228 U. S.,
85; Ettor
Tacoma, 228 U. S., 148; Consolidated Turnpike Co.
Norfolk & O. V . R y . Co., 228 U. S., 326; MichiganTrust Co. Ferry,
228 U. S ., 346; Chicago, I. & L. R y . Co.
Hackett, 228 U. S ., 559;
Adams
Milwaukee, 228 U. S., 572; Chicago Dock Co.
Fraley,
228 U. S., 680; B arrett Indiana, 229 U. S ., 26; Denver New York
Trust Co., 229 U. S., 123; Citizens Telephone Co. Fuller, 229 U. S.,
322; McGovern New York, 229 U. S ., 363; Lem Woon Oregon, 229
U. S., 586; Missouri Pacific R y. Co.
Tucker, 230 U. S., 340; The
Minnesota Rate Cases, 230 U. S., 352; Chesapeake & Ohio R y . Co.
Conley, 230 U. S., 513; Luria v. United States, 231 U. S., 9; Baltic
Mining Co. v. Massachusetts, 231 U. S., 68; Clement National Bank
v. Vermont, 231 U. S., 120; Straus v. Foxwortli, 231 U. S., 162;
Torres v. Lothrop, Luce & Co., 231 U. S ., 17 1; Louisville & Nash
ville R . R . Co. Garrett, 231 U. S., 298; Sturges & Burn Mfg. Co.
Beauchamp, 231 U. S.,320; Downmani'. Texas, 231 U. S .,3 5 3 ; Grand
Trunk R y . Co. v. Michigan R . R . Comm., 231 U. S., 457; Trimble
Seattle, 231 U. S., 68^; Hawley
Malden, 232 U. S., 1; National
Safe Deposit Co.
Illinois, 232 U. S., 58; Patsone
Pennsylvania,
232 U. S ., 138; Chicago, M. & St. P. R y . Co.
Polt, 232 U. S.,
165; Miedreicli
Lauenstem, 232 U. S., 236; Harrison
St. L. &
San Francisco R . R ., 232 U. S .,3 1 8 ; Baccus
Louisiana, 232 U.
S., 334; Montoya
Gonzales, 232 U. S., 375; Chicago, M. & St. P.
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index Senators
80281°—15----16
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Constitution of the United States.
242
Ry. Co. v. Minneapolis, 232 U. S., 430; Farmers Bank v. Minnesota,
232 U. S., 316; Plymouth Coal Co. v. Pennsylvania, 232 U. S., 531;
Atlantic Coast Line v. Goldsboro, 232 U. S., 548; Ohio Tax Cases,
232 U. S., 576; Chicago, M. & St. P. Ry. Co. v. Kennedy, 232 U. S .,
626; Garland v. Washington, 232 U. S., 642; Stewart v. Michigan,
232 U. S., 665; Riley v. Massachusetts, 232 U. S., 671; Eberle v .
Michigan, 232 U. S., 700; de Beam v. Safe Deposit Co. of Baltimore,
233 U. S., 24; Carlesi v. New York, 233 U. S . , 51; Singer Sewing
Machine Co. v. Brickell, 233 U. S., 304; Kansas City Southern Ry.
Co. v. Anderson, 233 U. S., 325; Hammond Packing Co. v. Montana,
233 U. S., 331; Chicago, M. & St. P. Ry. Co. v. Iowa, 233 U. S., 334;
German Alliance Ins. Co. v. Kansas, 233 U. S., 389; Wheeler v.
Sohmer, 233 U. S., 434; Smith v. Texas, 233 U. S., 630; Missouri, K .
& T. Ry. Co. v. Cade, 233 U. S., 642; McDonald v. Oregon R. R. &
Nav. Co., 233 U. S., 665; Erie R. R. Co. v. Williams, 233 U. S ., 685;
Manhattan Life Ins. Co. v. Cohen, 234 U. S., 123; International Har
vester Co. v. Missouri, 234 U. S., 199; International Harvester Co. v.
Kentucky, 234 U. S ., 216; Keokee Coke Co. v. Taylor, 234 U. S.,
224; Atlantic Coast Line v. Georgia, 234 U. S ., 280; Grannis v. Ordean, 234 U. S., 385; Missouri, K . & T. Ry. Co. v. Harris, 234 U. S.,
412; Missouri Pacific Ry. Co. v. Larabee, 234 U. S ., 459; Intermoun
tain Rate Cases, 234 U. S., 476; United States v. Union Pacific R. R.
Co., 234 U. S., 495; Jones v. Jones, 234 U. S., 615; Collins v. Ken
tucky, 234 U. S., 634; Malone v. Kentucky, 234 U. S ., 639; St. Ben
edict Order v. Steinhauser, 234 U. S ., 640; Selig v. Hamilton, 234
U. S., 652; Pullman Co. v. Knott, 235 U. S ., 23; Willoughby v.
Chicago, 235 U. S., 45; Mo. Pacific Ry. v. Omaha, 235 U. S., 121;
McCabe v. A ., T. & S. F. Ry. Co.. 235 U. S ., 151; Western Indem
nity Co. v. Rupp, 235 U. S., 261; St. Louis S. W . Ry. v. Arkan
sas, 235 U. S., 350; Easterling Lumber Co. v. Pierce, 235 U. S.,
380; South Covington Ry. v. Covington, 235 U. S., 537; Jeffery
Mfg. Co. v. Blagg, 235 U. S., 571; Louisville & Nashville R. R.
Co. v. Finn, 235 U. S., 601; Hendrick v. Maryland, 235 U. S., 610;
Wadley Southern Ry. v. Georgia, 235 U. S., 651; Coppage v. Kan
sas, 236 U. S., 1; Simon v. Southern R y., 236 U. S., 115; Grant
Timber Co. v. Gray, 236 U. S., 133; Mutual Film Corp. v. Ohio In
dustrial Comm., 236 U. S ., 230; Mutual Film Coip. v. Kansas, 236
U. S ., 248; Fox v. Washington, 236 U .S ., 273; Rail Coal Co. v. Ohio
Industrial Comm., 236 U. S ., 338; Miller v. Wilson, 236 U. S ., 373;
Boseley v. McLaughlin, 236 U. S., 385; Meeker & Co. v. Lehigh
Valley R . R ., 236 U. S ., 4x2; Ramapo Water Co. v. City of New
York, 236 U. S ., 579; Mo. Pac. R y. v. North Dakota, 236 U. S ., 585;
Norfolk & West. R y . v. West Virginia, 236 U. S ., 605; Mich. Cent.
R . R . v. Mich. R. R. Comm., 236 U. S., 615; Amer. Sewing Machine
Co. v. Kentucky, 236 U. S., 660; Phoenix Insurance Co. v. McMaster, 237 U. S ., 63; Chapman v. Zobelein, 237 U. S ., 135; Reinman v.
Little Rock, 237 U. S., 171; Riverside Mills v. Menefee, 237 U. S .,
189; Frank v. Mangum, 237 U. S., 309; Booth v. Indiana, 237 U. S .,
391; Coe v. Armour Fertilizer Works, 237 U. S ., 413; Collins v.
Johnston, 237 U. S ., 502; St. Anthony Church v. Pennsylvania R. R .,
237 U. S ., 575; Waugh v. Mississippi University, 237 U. S ., 589.
S e c t i o n 2.
Representatives shall be apportioned among the
several States according to their respective numbers, counting the
Constitution of the United States.
243
whole number of persons in each State, excluding Indians not
taxed. But when the right to vote at any election for the choice
of electors for President and Vice-President of the United States,
Representatives in Congress, the Executive and Judicial officers
of a State, or the members of the Legislature thereof, is denied
to any of the male inhabitants of such State, being twenty-one
years of age, and citizens of the United States, or in any way
abridged, except for participation in rebellion, or other crime, the
basis of representation therein shall be reduced in the proportion
which the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such State.
McPherson v. Blacker, 146 U. S., 1.
S
e c t io n
3. N o
person shall be a Senator or Representative
in Congress, or elector of President and Vice-President, or hold
any office, civil or military, under the United States, or under
any State, who, having previously taken an oath, as a member of
Congress, or as an officer of the United States, or as a member
of any State legislature, or as an executive or judicial officer of
any State, to support the Constitution of the United States, shall
have engaged in insurrection or rebellion against the same, or
given aid or comfort to the enemies thereof. But Congress may
by a vote of two-thirds of each House, remove such disability.
S
e c t io n
4. The validity of the public debt of the United
States, authorized by law, including debts incurred for payment of
pensions and bounties for sendees in suppressing insurrection or
rebellion, shall not be questioned.
But neither the United States
nor any State shall assume or pay any debt or obligation incurred
iu aid of insurrection or rebellion against the United States,
or any claim for the loss or emancipation of any slave; but all
such debts, obligations and claims shall be held illegal and void.
S e c t io n
5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.
Crandall v. The State of Nevada, 6 W all., 35; Paul v. Virginia
8 W all., 168; Ward v. Maryland, 12 W all., 418; Slaughterhouse
Cases, 16 W all., 36; Bradwell v. The State, 16 W all., 130; Bartemeyer v. Iowa, 18 W all., 129; Minor v. Happersett, 21 W all., 162;
W'alker v. Sauvinet, 92 U. S., 90; Kennard v. Louisiana, ex rel.
Morgan, 92 U. S., 480; United States v. Cruikshank, 92 U. S ., 542;
Munn v. Illinois, 94 U. S., 113.
AM ENDM ENT X V .
The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by any
State on account of race, color, or previous condition of Servi
S e c t io n
i
.
tu d e Twining v. New Jersey, 211 U. S ., 78; New York, ex rel. Silz v.
Hesterberg, 211 U. S., 31.
S e c t i o n 2. The Congress shall have power to enforce this
article by appropriate legislation.
United States v. Reese et al., 92 U. S., 214; United States v. Cruik
shank et al., 92 U. S., 542; Neal v. Delaware, 103 U. S., 370; Ex
parte Yarborough, i T U. S., 651; Waddell et al., 112 U. S., 76;
o
McPherson v. Blacker, 146 U. S., 1; James v. Bowman, 190 U. S., 127;
Hodges v. United States, 203 U. S., 1.
AM ENDM ENT X V I.
The Congress shall have power to lay and collect taxes on
incomes, from whatever source derived, without apportion
ment amoqg the several States, and without regard to any
census or enumeration.
AM ENDM ENT X V II.
The Senate of the United States shall be composed of two
Senators from each State, elected by the people thereof, for six
years; and each Senator shall have one vote.
The electors in
Constitution of the United States.
245
each State shall have the qualifications requisite for electors of
the most numerous branch of the State legislatures.
2 When vacancies happen in the representation of any State in
the Senate, the executive authority of such State shall issue writs
of election to fill such vacancies: Provided, That the legislature
of any State may empower the executive thereof to make tem
porary appointment until the people fill the vacancies by election
as the legislature may direct.
3 This amendment shall not be so construed as to affect the
election or term of any Senator chosen before it becomes valid
as part of the Constitution.
R A T IF IC A T IO N S OF T H E CO N STITU TIO N .
The Constitution was adopted by a convention of the States
September 17, 1787, and was subsequently ratified by the
several States, in the following order, viz:
D e la w a r e , D e c e m b e r 7, 1 7 8 7 , y e a s , 3 0 ( u n a n im o u s ) .
P e n n s y lv a n i a , D e c e m b e r 1 2 , 1 7 8 7 , y e a s , 4 3 ; n a y s , 2 3 .
New Jersey, December 18, 1787, yeas, 38 (unanimous).
Georgia, January 2, 1788, yeas, 26 (unanimous).
Connecticut, January 9, 1788, yeas, 128; nays, 40.
Massachusetts, February 6, 1788, yeas, 187; nays, 168.
Maryland, April 28, 1788, yeas, 63; nays, 11.
South Carolina, May 23, 1788, yeas, 149; nays, 73.
New Hampshire, June 2 1, 1788, yeas, 57; nays, 46.
Virginia, June 26,1788, yeas, 89; nays, 79.
New York, Ju ly 26, 1788, yeas, 30; nays, 27.
North Carolina, November 2 1, 1789, yeas, 194; nays, 77.
Rhode Island, May 29, 1790, yeas, 34; nays, 32.
The State of Vermont, by convention, ratified the Constitu
tion on the 10th of January, 179 1, and was, by an act of Con
gress of the 18th of February, 1791, “ received and admitted
into this Union as a new and entire member of the United
States of America.”
246
R A T IF IC A T IO N S OF T H E A M E N D M E N T S TO T H E
CO N STITU TIO N .
The first ten of the preceding articles of amendment (with
two others which were not ratified by the requisite number of
States) were submitted to the several State legislatures by a
resolution of Congress which passed on the 25th of September,
1789, at the first session of the First Congress, and were ratified
by the legislatures of the following States:
New Jersey, November 20, 1789.
Maryland, December 19, 1789.
North Carolina, December 22, 1789.
South Carolina, January 19, 1790.
New Hampshire, January 25, 1790.
Delaware, January 28, 1790.
Pennsylvania, March 10, 1790.
New York, March 27, 1790.
Rhode Island, June 15, 1790.
Vermont, November 3, 1791.
Virginia, December 15, 1791.
The acts of the legislatures of the States ratifying these
amendments were transmitted by the governors to the Presi
The legislatures
of Massachusetts, Connecticut, and Georgia do not appear by
the record to have ratified them.
I
The eleventh amendment was submitted to the legislatures
of the several States, there being at that time sixteen States
247
Index Senators
dent, and by him communicated to Congress.
Constitution o f the United States.
in the Union, by a resolution of Congress passed on the 5th of
March, 1794,
the first session of the Third Congress; and on
the 8th of January, 1798, at the second session of the Fifth
Congress, it was declared by the President, in a message to the
two Houses of Congress, to have been adopted by the legisla
tures of three-fourths of the States.
The twelfth amendment was submitted to the legislatures of
the several States, there being then seventeen States, by a reso
lution of Congress passed on the 12th of December, 1803, at the
first session of the Eighth Congress, and was ratified, accord
ing to a proclamation of the Secretary of State dated the 25th
of September, 1804.
The thirteenth amendment was submitted to the legislatures
of the several States, there being then thirty-six States, by a res
olution of Congress passed on the 1st of February, 1865, at the
second session of the Thirty-eighth Congress, and was ratified,
according to a proclamation of the Secretary of State dated
December 18, 1865, by the legislatures of the following States:
Illinois, February 1, 1865.
Rhode Island, February 2, 1865.
Michigan, February 2, 1865.
Maryland, February 3, 1865.
New York, February 3, 1865.
West Virginia, February 3, 1865.
Maine, February 7, 1865.
Kansas, February 7, 1865.
Massachusetts, February 8, 1865.
Pennsylvania, February 8, 1865.
Virginia, February 9, 1865.
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