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SENATE
MANUAL
SENATE MANUAL
C O N T A IN IN G T H E
STANDING RULES AND ORDERS
OF
THE UNITED STATES SENATE
T H E C O N STITU TIO N O F T H E U N IT E D S T A T E S , D E C L A R A T IO N
O F IN D E P E N D E N C E , A R T IC L E S O F C O N F E D E R A T IO N , T H E
O R D IN A N C E OF 1787, JE F F E R SO N ’S M A N U AL, E T C .
P R E P A R E D U N D E R T H E D IRECTIO N OP
T H E S E N A T E C O M M IT T E E ON R ULES
S IX T Y -S E V E N T H C O N G R ESS
3:
¥
W A S H IN G T O N
G O V E R N M E N T P R IN T IN G O F F IC E
1923
I /lA i d
SENATE RESOLUTION NO. 404.
S U B M IT T E D B Y M R . C U R T IS .
In
the
Senate
of
the
U
n it e d
States,
January 9 (calendar day, January IS), 1923.
Resolved, That the Committee on Rules be instructed to
prepare a new edition of the Senate Manual, and that there
be printed three thousand five hundred copies of the same
for the use of the committee, of which three hundred copies
shall be bound in full morocco and tagged as to contents.
Attest:
G e o r g e A. S a n d e r s o n ,
Secretary.
2
CONTENTS.
Page.
Standing rules for conducting business in the S enate of the
U nited States..............................................................................................
5
Oaths required by the Constitution and by law to be taken
under R ule I I .............................................................................................
45
I ndex to Senate rules ................................................................................. 47
R ules of procedure and practice in the S enate when sitting
ON IMPEACHMENT TRIALS...............................................................................
85
R ules for the regulation of the Senate wing of the U nited
States Capitol................................................................................................ 9;)
Standing orders not embraced in the rules, and resolutions
AND SUCH PARTS OF LAWS AS AFFECT THE BUSINESS OF THE SENATE. . I l l
Cleaves’ Manual on conference and conference reports.......... 195
Jefferson’ s Manual ....................................................................................... 215
Contents o f .................................................................
219
I ndex t o ..................................................................................................... 313
D eclaration of I ndependence................................................................. 329
A rticles of Confederation........................................................................ 339
Ordinance of 1787.......................................................................................... 355
Constitution of the U nited States .......................................................... 367
A mendments t o ........................................................................................ 389
Ratifications t o ...................................................................................... 397
I ndex t o ..................................................................................................... 411
Senators of the U nited States, from the First to the Sixty E ighth Congress, inclusive...................................................................... 491
I ndex t o ..................................................................................................... 619
Ratifications of the Constitution by the T hirteen Original
States, their population and area ....................................................... 651
States admitted into the U nion since the adoption of the Con
stitution, their population, area , and formation.......................... 652
T he T erritories: D ate of the establishment of a territorial
government in each, the population, area ; and formation. 655
E lectoral vote for President and V ice-President from March
4, 1789, to March 4, 1921.......................................................................... 657
Justices of the Supreme Court, 1789 to 1923....................................... 691
Cabinet officers, 1789 to 1923 ................................................................. 693
G eneral in d e x .................................................................................................. 703
STANDING RULES FOR CONDUCTING BUSINESS IN THE
SENATE OF THE UNITED STATES.
[Rules adopted Jan. 11, effective Jan. 21, 1884.
Citations to all amendments are indicated
b y footnotes.]
RULE I.
A P P O IN T M E N T
OF
A
SENATOR
TO
THE
C H A I R .1
1. In the absence of the Vice-President, the Senate shall
a P r e s i d e n t pro tempore.
[Jefferson's Manual, Sec. I X .
ch oose
2. In the absence of the Vice-President, and pending the
election of a President pro tempore, the Secretary of the Senate,
or in his absence the Chief Clerk, shall perform the duties of
the Chair.
[Jefferson's Manual, Sec. IX .
3. The President pro tempore 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.
[Jefferson’s Manual, Sec. I X . 1
*5
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.
[S. Jour., 165, 51-1, Mar. 12,1890.
5
6
STAN D IN G IIU1.ES OF T H E SENATE.
4.
1In event of a vacancy in the office of the Vice-President,2
or whenever the powers and duties of the President shall
devolve on the Vice-President, the President pro tempore3shall
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.
RULE
n.
[Jeflerson’s Manual, S'C. I X .
OATHS, ETC.
The oaths or affirmations required by the Constitution and
prescribed by law shall be taken and subscribed by each
Senator, in open Senate, before entering upon his duties.
[Sec Page 43.
RULE III.
COMMENCEMENT OF DAILY SESSIONS.
1.
The Presiding Officer having taken the chair, and a
quorum being present, the Journal of the preceding day shall
1 As amended S. Jour., 254, 56-1, Apr. 6, 1900; S. Jour., 41, 58-3, Dec.
15, 1904.
2 As amended S. Jour., 331, 332, 57-1, Apr. 18, 1902.
3 Mr. Platt, of Connecticut, submitted the following resolution; which
was considered by unamimous 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 Representatives for
presentation to the President of the United States.
[S. Jour., 47, 58-3, Jan. 4, 1905.
—~
--------- yuan- **™**"- ***^"
S TAN D IN G RULES OE T H E SENATE.
7
bo road, 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. V I, X I .:X .
2.
A quorum shall consist of a majority of the Senators
duly chosen and sworn.
[Jefferson’s Manual, S c. VI.
RULE IV.
JOURNAL.
1. The proceedings of the Senate shall be briefly and accu
rately stated on the Journal.
Messages of the President in
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, Sea. X L I X .
2. The legislative, the executive, the confidential legisla
tive 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 I X .
RULE V.
QUORUM— ABSENT SENATORS MAY BE SENT FOR.
1. No Senator shall absent himself from the service of the
Senate without leave.
[Jefferson’s Manual, Sec. V III.
2. If, at any time during the daily sessions of the Senate,
a question shall be raised by any Senator as to the presence
8
S TAN D IN G RULES OF T H E SEN ATE.
of a quorum, the Presiding Officer shall forthwith direct the
Secretary to call the roll and shall announce the result, and
these proceedings shall be without debate.
[Jefferson’s Manual, Sec. V II.
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 pend
ing its execution, and until a quorum shall be present, no
debate nor motion, except to adjourn, shall be in order.
[Jefferson’s Manual, Secs. V II, V III.
RULE VI.
PRESENTATION OF CREDENTIALS.
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 question of order or a motion to adjourn is pending,
or while the Senate is dividing; and all questions and mo
tions arising or made upon the presentation of such creden
tials shall be proceeded with until disposed of.
2. The Secretary shall keep a record of the certificates of
election 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 secretarv
STAN D IN G RULES OF T H E SENATE.
9
of state signing and countersigning the same, and the State
from which such Senator is elected.1
1 FORM OF CERTIFICATE OF ELECTION.
Mr. Kern submitted the following resolution; which was considered by
unanimous consent and agreed to.
Resolved, That in the opinion of the Senate the following are convenient
and sufficient forms of certificate of election of a Senator or the appoint
ment 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 o f 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— .
“ By the governor:
“ C---------- D ---------,
“ E — ------ F---------- ,
“ Governor.
“ Secretary of State.”
“ 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 t h e -------- 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 o f 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 may use such forms if they see fit.
[S. Jour., 472, 63-2, Aug. 20,1914.]
10
S T A N D IN G R U L E S OF T H E S E N A T E .
RULE VII.
MORNING BUSINESS.
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,1 and other
communications addressed to the Senate, and such bills,
joint resolutions, 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.2
All of which shall be received and disposed of in such order,
unless unanimous consent shall be otherwise given.
[Jefferson’s Manual, Sec. X I V .
2. 3 Senators having petitions, memorials, pension bills,
bills for the payment of private claims or for the correction
1On motion of Mr. Lodge, the Senate proceeded to consider the following
resolution; which was agreed to,
Resolved, That no communications from heads of Departments, Com
missioners, Chiefs of Bureaus, or other executive officers, except when
authorized or required by law, 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.
[S. Jour., 122, 60-1, Jan. 16, 1908.
2 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
resolutions which came over from a former day.
[S. Jour., 1C2,49-1 Dec. 17,1885.
3 As amended S. Jour. 548, 59-1, May 31, 1906.
11
S TAN D IN G PULES OF T H E SENATE.
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 dispo
sition 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 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 consider
ation of any bill, resolution, report of a committee, or other
subject upon the Calendar shall be entertained by the Pre
siding Officer, unless by unanimous consent; and if such
consent be given the motion shall not be subject to amend
ment, and shall be decided without debate upon the merits
of the subject proposed to be taken u p 2: Provided, however,
That on Mondays the calendar shall be called under Rule
M ill, and during the morning hour no motion shall be
entertained to proceed to the consideration of any bill, reso
lution, report of a. committee, or other subject upon the
calendar except the motion to continue the consideration
1As amended S. Jour., 548, 59-1, May 31, 1906.
2 As amended S. Jour., 290, 65-2, July 2, 1918.
12
S TAN D IN G RULES OF T H E SEN ATE.
of a bill, resolution, report of a committee, or other subject
against objection as provided in Rule VIII.
[Jefferson’s Manual, See. X I V .
4. Every petition or memorial shall be referred, without
putting 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 amendment, except to add instructions.
[Jefferson’s Manual, Sec. X I X .
5. 1 Every petition or memorial shall be signed by the
petitioner or memorialist and have indorsed thereon a brief
statement of its contents, and shall be presented and referred
without debate. But no petition or memorial2 or other paper
signed by citizens or subjects of a foreign power shall be
received, unless the same be transmitted to the Senate by
the President.
[Jefferson’s Manual, Sec. X I X .
6. 3That only a brief statement of the contents, as pro
vided for in Rule V II, paragraph five, of such communica
tions as are presented under the order of business “ Presen
tation of petitions and memorials” shall be printed in the
Congressional Record; and that no other portion of such
communications shall be inserted in the Record unless
specifically so ordered by vote of the Senate, as provided
for in Ride X X I X , paragraph one; except that communica1As amended S. Jour., 427, 428, 50-1, Mar. 6, 1888.
2 On motion by Mr. Manderson,
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.
[S. Jour., 280, 49-2, Feb. 7, 1887.
3 As amended S. Jour., 298, 65-1, Oct. 5, 1917,
STAN D IN G RULES OF T H E SENATE.
13
tions from the legislatures or conventions, lawfully called,
of the respective States, Territories, and insular possessions
shall be printed in full in the Record whenever presented,
and the original copies of such communications shall be
retained in the files of the Secretary of the Senate.
7.
1The Presiding Officer may at any time lay, and it shall
lie 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
President 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.
[Jefferson’s Manual, Sec. X IV .
RULE VIII.
ORDER OF BUSINESS.
At 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 con
sideration until 2 o’clo ck ;2 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 objection may be interposed
at any stage of the proceedings, but upon motion the Senate
may continue such consideration; and this order shall com1 As amended S. Jour., 431, 48-1, Mar. 17, 1884.
2 Mr. Iloar submitted the following resolution; which was considered by
unanimous consent and agreed to :
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.
14
ST A N D IN G RULES OF T H E SENATE.
mence immediately after the call for “ concurrent 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 notwithstand
ing an objection, the foregoing provisions touching debate
shall not apply.
[Jefferson’s Manual, Sec. X IV .
1
All motions made before 2 o’clock to proceed to the con
sideration of any matter shall be determined without debate.
[Jefferson’s Manual, Sec. X IV .
RULE IX.
ORDER
OF
B U S IN E S S
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 Cal
endar 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 considera
tion of executive business, or questions of privilege, to wit:
First. A motion to proceed to the consideration of an
appropriation 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
prejudice in its place on the Calendar.
1 As amended S. Jour. 431, 442, 48-1, Mar. 17, 19, 1884.
ST A N D IN G RITTjfiS OF T H E SENATE.
15
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.
[Jefferson’s Manual, Secs. XIV, XXXIII.
RU LE X .
S P E C IA L
O RDERS.
1. Any subject may, by a votes of two-thirds of the Sena
tors 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 adjournment the unfinished busi
ness.
[Jefferson’s Manual, Secs. X V I I I , X X X I I I .
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.
[Jefferson’s Manual, Secs. X V I I I , XXXIJI.
RULE X I.
O B J E C T IO N
TO
R E A D IN G
A
PAPER.
When the reading of a paper is called for, and objected to,
it shall be determined by a vote of the Senate, without
d e b a te.
[Jefferson's Manual, Sec. XXXII.
‘ As amended S. Jour. 431, 442, 48-1. Mar. 17, 19, 1884.
16
STA N D IN G RULES OF T IIE SEN ATE.
RULE X II.
VOTING, ETC.
1. When the yeas and nays are ordered, the names of
Senators 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 permitted to vote after the decision shall have been
announced by the Presiding Officer, but may for sufficient
reasons, with unanimous consent, change or withdraw his
vote. No motion to suspend this rule shall be in order, nor
shall the Presiding Officer entertain any request to suspend
it by unanimous consent.
[Jefferson’s Manual, Sec. X L 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 ques
tion 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.
[Jefferson’s Manual, Secs. X V II, X L I.
1
3. 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
purpose 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
1As amended S. Jour. 74, 63-2, Jan. 16, 1914.
ST A N D IN G RULES OF T H E SENATE.
17
the Senate, but any unanimous consent may be revoked by
another unanimous consent granted in the manner pre
scribed above upon one day’s notice.
RU LE X III.
RECONSIDERATION.
1. 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 there
after, move a reconsideration; and if the Senate shall refuse
to reconsider, or upon reconsideration shall affirm its first
decision, no further motion to reconsider shall be in order
unless by unanimous consent. Every motion to reconsider
shall be decided by a majority vote,1 and may be laid on
the table without affecting the question in reference to which
the same is made, which shall be a final disposition of the
m o tio n .
[Jefferson's Manual, Sec. XLIII.
2. When a bill, resolution, report, amendment, order, or
message, 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 II I .
1 As amended S. Jour. 945, 49-1, June 21, 1886.
6 9 4 5 4 °— S. D oc. 549 , 6 7 - 4 ------- 2
18
STAN D IN G RULES OF T H E SEN ATE.
RU LE X IV .
BILLS, JOINT RESOLUTIONS, AND RESOLUTIONS.
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 I I I .
2. Every bill and joint resolution shall receive three read
ings previous to its passage, which readings shall be on three
different days, unless the Senate unanimously direct other
wise; and the Presiding Officer shall give notice at each
reading whether it be the first, second, or third: 'Provided,
That the first or second reading of each bill may be by title
only, unless the Senate in any case shall otherwise order.
[Jefferson’s Manual, Sec. X X I I .
3. No bill or joint resolution shall be committed or
amended until it shall have been twice read, after which it
may be referred to a committee; bills and joint resolutions
introduced on leave, and bills and joint resolutions from the
House of Representatives, shall be read once, and may be
read twice, on the same day, if not objected to, for reference,
but shall not be considered 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 com
mittee, 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 bo
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
1 A s amended S. Jou r. 71, 03-2, Jan. 14, 1914.
ST A N D IN G RULES OF T H E SENATE.
19
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. X X V .
5.
All resolutions shall lie over one day for consideration,
unless by unanimous consent the Senate shall otherwise
direct.
[Jefferson’s Manual, Sec. X X V .
RULE X V.
BILLS— COMMITTEE OF THE WHOLE.
1. All bills and joint resolutions which shall have received
two readings shall first be considered by the Senate as in
Committee 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 amendments may (>e proposed.
[Jefferson’s Manual, Secs. X X V I , 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 amend
ments, unless by unanimous consent, but it shall be in order
at any time before the passage of any bill or resolution to
move its commitment; 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 Committee 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
Senate referring the case to the Court of Claims, under the
provisions of the act approved March 3, 1S83.
20
S T A N D IN G R U LE S OF T H E
SEN ATE.
RULE X VI.
AM ENDM ENTS
1.
TO
A P P R O P R IA T IO N
B IL L S .
All general appropriation bills shall be referred to the
Committee on Appropriations,1 and no amendments shall he
received to any general appropriation hill the effect of
which will be to increase an appropriation already con
tained in the bill, or to add a new item of appropriation,
unless it be made to carry out the provisions of some exist
ing law, or treaty stipulation, or Act, or resolution pre
viously passed by the Senate during that session; or unless
the same be moved by direction of a standing or select com
mittee of the Senate, or proposed in pursuance of an esti
mate submitted in accordance with law.
The Committee on Appropriations shall not report an
appropriation hill containing amendments proposing new or
general legislation, and if an appropriation bill is reported
to the Senate containing amendments proposing new or
general legislation, a point of order may he made against
the bill, and if the point is sustained, the bill shall be recom
mitted to the Committee on Appropriations: Provided, hov.'ever, That three members of the Committee on Agriculture
and Forestry, to be selected by said committee, shall be ex
officio members of the Committee on Appropriations, to
serve on said committee when the bill making appropriations
for the Department of Agriculture is being considered by
the Committee on Appropriations, and at least pne member
of the Committee on Agriculture and Forestry shall be a
member of the conference committee appointed to confer
with the House upon said agricultural appropriation bill:
1
As amended S. Jour. 86, 55-3, Jan. 28, 1899; S. Jour. 140, 66-1, July
23, 1919; S. Jour. 126, 67-2, Mar. 6, 1922.
S T A N D IN G R U L E S OF T H E S E N A T E .
20 A
that three members of the Committee on Post Offices and
Post Roads, to be selected by said committee, shall be ex
officio members of the Committee on Appropriations, to
serve on said committee when the bill making appropriations
for the Post Office Department is being considered by the
Committee on Appropriations, and at least one member of
the Committee on Post Offices and Post Roads shall be a
member of any conference committee appointed to confer
with the House upon said Post Office appropriation bill;
that three members of the Committee on Military Affairs,
to be selected by said committee, shall be ex officio members
of the Committee on Appropriations, to serve on said com
mittee when the bill making appropriations for the Depart
ment of War is being considered by the Committee on
Appropriations, and at least one member of the Committee
on Military Affairs shall be a member of any conference
committee appointed to confer with the House upon said
bill making appropriations for the Department of War; that
three members of the Committee on Naval Affairs, to be
selected by said committee, shall be ex officio members of
the Committee on Appropriations, to serve on said com
mittee when the bill making appropriations for the Depart
ment of the Navy is being considered by the Committee on
Appropriations, and at least one member of the Committee
on Naval Affairs shall be a member of any conference com
mittee appointed to confer with the House upon said bill
making appropriations for the Department of the Navy; that
three members of the Committee on the District of Columbia,
to be selected by said committee, shall be ex officio members
of the Committee on Appropriations, to serve on said com
mittee when the bill making appropriations for the District
of Columbia is being considered by the Committee on
20b
STAN D IN G RUBES OF T H E SEN ATE.
Appropriations, and at least one member of the Committee
on the District of Columbia shall be a member of the con
ference committee appointed to confer with the House
upon said District of Columbia appropriation bill; that three
members of the Committee on Commerce, to be selected by
said committee, shall be ex officio members of the Com
mittee on Appropriations, to serve on said committee when
the items pertaining to rivers and harbors are being con
sidered by the Committee on Appropriations in the bill
making appropriations for the Department of War, and at
least one member of the Committee on Commerce shall be a
member of any conference committee appointed to confer
with the House upon items pertaining to rivers and harbors
contained in the bill making appropriations for the Depart
ment of War; and that three members of the Committee on
Foreign Relations, to be selected by said committee, shall
be ex officio members of the Committee on Appropriations,
to serve on said committee when the items pertaining to the
Diplomatic and Consular Service are being considered by
the Committee on Appropriations in the bill making appro
priations for the Departments of State and Justice, and at
least one member of the Committee on Foreign Relations
shall be a member of any conference committee appointed
to confer with the House when the items pertaining to the
Diplomatic and Consular Service are being considered in the
bill making appropriations for the Departments of State
and Justice: Provided, That this rule shall not apply to the
bill making appropriations for the Post Office Department for
the fiscal year ending June 30, 1923.
[Jefferson’s Manual, Sec. xxxv.
2.
All amendments to general appropriation bills moved
by direction of a standing or select committee of the Senate,
proposing 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 Com
mittee on Appropriations, and when actually proposed to the
bill no amendment proposing to increase the amount stated
in such amendment shall be received; in like manner, amend
ments proposing new items of appropriation to river and har
bor bills shall, before being considered, be referred to the
Committee on Commerce; also amendments to bills estab
lishing post-roads, or proposing new post-roads, shall, before
being considered, be referred to the Committee on PostOffices 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
amendment 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 appropriation bill may be laid on
the table without prejudice to the bill.
[Jefferson’s Manual, Sec. X X X V .
4. No amendment, the object of which is to provide for a
private claim, shall lie 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
amendment.
I
[Jefferson’s Manual, Sec.
XXXV.
ST A N D IN G RULES OF T H E SENATE.
22
RULE X V II.
AM ENDMENT
MAY
BE
L A ID
ON
THE
TABLE
W IT H O U T
PR EJU
D IC E T O T H E B IL L .
When an amendment proposed to any pending measure is
laid on the table, it shall not carry with it, or prejudice, such
measure.
RULE X V III.
A M E N D M E N T S — D IV IS IO N
OF
A
Q U E S T 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 prevent 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 amend
ment as a question; and motions to amend the part to be
stricken out shall have precedence.
[Jefferson’s Manual, Secs. X X X V , X X X V I .
RU LE X IX .
DEBATE.
1. When a Senator desires to speak, he shall rise and ad
dress the Presiding Officer, and shall not proceed until he is
recognized, and the Presiding Officer shall recognize the Sena
tor who shall first address him. No Senator shall interrupt
another Senator in debate without his consent, and to obtain
ST A N D IN G RULES OF T H E SEN ATE.
23
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 I I , X X X I X .
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
S e n a to r.
[Jefferson’s Manual, Sec. X V II.
1 3. No Senator in debate shall refer offensively to any
State of the Union.
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 deter
mined 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 V II.
2 6. Whenever confusion arises in the Chamber or the gal
leries, or demonstrations of approval or disapproval are in
dulged 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.
1 As amended S. Jour. 301, 57-1, Apr. 8, 1902.
2 As amended S. Jour. 71, 63- 2, Jan. 14, 1914.
STANDING RULES OF TH E SENATE.
24
RULE X X .
Q U E S T IO N S
OF
ORDER.
1. A question of order may be raised at any stage of the
proceedings, except when the Senate is dividing, and, unless
submitted 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 proposition, and thereupon shall be
held as affirming the decision of the Presiding Officer.
[Jefferson’s Manual, Sec. X X X I I I .
2. The Presiding Officer may submit any question of order
for the decision of the Senate.
[Jefferson’s Manual, Sec. X X X I I I .
RULE X X I.
MOTIONS.
1. All 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. xx.
2. Any motion or resolution may be withdrawn or modi
fied by the mover at any time before a decision, amendment,
or ordering of the yeas and nays, except a motion to recon
sider, which shall not be withdrawn without leave.
[Jefferson's Manual, Sec. X X .
---------
S TAN D IN G RULES OF T H E SEN ATE.
25
RULE X X I I
PRECEDENCE OF MOTIONS.
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 busi
ness, to lay on the table, shall be decided without debate.
[Jefferson’s Manual, Sec. X X X I I I .
1
If at any time a motion, signed by sixteen Senators, to
bring to a close the debate upon any pending measure is
presented to the Senate, the presiding officer shall at once
state the motion to the Senate, and one hour after the
Senate meets on the following calendar day but one, he
shall lay the motion before the Senate and direct that the
Secretary call the roll, and, upon the ascertainment that a
1 As amended S. Jour. 234, G4-2, Mar. 8, 1917.
26
ST A N D IN G RULES OF T H E SEN ATE,
quorum is present, the presiding officer shall, without debate,
submit to the Senate by an aye-and-nay vote the question:
“ Is it the sense of the Senate that the debate shall be
brought to a close?”
And if that question shall be decided in the affirmative
by a two-thirds vote of those voting, then said measure
shall be the unfinished business to the exclusion of all other
business until disposed of.
Thereafter no Senator shall be entitled to speak in all
more than one hour on the pending measure, the amend
ments thereto, and motions affecting the same, and it shall
be the duty of the presiding officer to keep the time of each
Senator who speaks. Except by unanimous consent, no
amendment shall be in order after the vote to bring the
debate to a close, unless the same has been presented and
read prior to that time.
No dilatory motion, or dilatory
amendment, or amendment not germane shall be in order.
Points of order, including questions of relevancy, and
appeals from the decision of the presiding officer, shall be
decided without debate.
RULE X X III .
PREAMBLES.
When a bill or resolution is accompanied by a preamble,
the question shall first be put on the bill or resolution and
then on 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 resolution, and shall bo a final disposition of such
preamble.
[Jefferson’s Manual, Sec. X X V I .
S T A N D IN G R U L E S OF T H E S E N A T E .
27
A P P O IN T M E N T
OF
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 severally the chairman of each committee, and then,
thereof. All other committees shall be appointed by ballot,
unless otherwise ordered, and a plurality of votes shall
appoint.
[Jefferson’s Manual, Sec. X I.
STA N D IN G
C O M M 1T T E E S . 1
Buies for
RULE X X V .
T
2. When a chairman of a committee shall resign or cease
to serve on a comniittee, and the Presiding Officer be au
thorized 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.
Impo uhmeni Buies
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 com
mittee, but a plurality of votes shall elect the other members
Index to Sen, Buies
RULE X X IV .
1. The following standing committees shall be appointed
Committee on Agriculture and Forestry, to consist of
sixteen Senators;
1 As amended S. Jour. 44, G7-1, April 18, 1921.
I
Winy,
at the commencement of each Congress, with leave to report
by bill or otherwise:
28
STANDING RULES OF THE SENATE.
Committee on Appropriations, to consist of sixteen Sen
ators;
Committee to Audit and Control the Contingent E x
penses of the Senate, to consist of five Senators, to which
shall be referred all resolutions directing the payment of
money out of the contingent fund of the Senate or creating
a charge upon the same;
Committee on Banking .and Currency, to consist of
fifteen Senators;
Committee on Civil Service, to consist of eleven Senators;
Committee on Claims, to consist of thirteen Senators;
Committee on Commerce, to consist of sixteen Senators:
Committee on the District of Columbia, to consist of
thirteen Senators;
Committee on Education and Labor,’ to consist of eleven
Senators;
Committee on Enrolled Bills, to consist of three Senators,
which shall examine all bills, amendments, and joint resolu
tions before they go out of the possession of the Senate,
and 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 resolu
tions 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 orig
inated in the Senate, to the President of the United States
in person, and report the fact and date of such presentation
to the Senate;
STANDING RULES OF THE SENATE.
29
Committee on Expenditures in the Executive Depart
ments to consist of seven Senators;
Committee on Finance, to consist of sixteen Senators;
Committee on Foreign Relations, to consist of sixteen
Senators;
Committee on Immigration, to consist of eleven Senators;
Committee on Indian Affairs, to consist of eleven Senators;
Committee on Interoceanic Canals, to consist of eleven
Senators;.
Committee on Interstate Commerce, to consist of sixteen
Senators;
Committee on Irrigation and Reclamation to consist of
eleven Senators;
Committee on the Judiciary, to consist of sixteen Senators;
Committee on the Library, to consist of seven Senators,
which si 1all have power to act jointly with the same com
mittee of the House of Representatives;
Committee on Manufactures, to consist of eleven Senators;
Committee on Military Affairs, to consist of sixteen Sen
ators ;
Committee on Mines and Mining, to consist of nine Senatom ;
Committee on Naval Affairs, to consist of sixteen Senators;
Committee on Patents, to consist of seven Senators;
Committee on Pensions, to consist of eleven Senators;
Committee on Post Offices and Post Roads, to consist of
sixteen Senators;
30
STANDING RULES OF TH E SENATE.
Committee on Printing, to consist of seven Senators,
which shall have power to act jointly with the same com
mittee of the House of Representatives;
Committee on Privileges and Elections, to consist of
thirteen Senators;
Committee on Public Buildings and Grounds, to consist
of thirteen Senators, which shall have power to act jointly
with the same committee of the House of Representatives;
Committee on Public Lands and Surveys, to consist of
thirteen Senators ;
in
c.
Committee on Rules, to consist of twelve oeuitiOrs;
Committee on Territories and Insular Possessions, to con
sist of thirteen Senators.
2 . The said committees shall continue and have the power
to act until their successors are appointed.
QUORUM
OF
C O M M I T T E E S .1
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 com
mittee; but in no case'shall a committee, acting under au
thority of this resolution, fix as a quorum thereof any number
1 As amended S. Jour. 271, 62-2, April 12, 1912.
—
- ......... —
STANDING RULES OF TH E SENATE.
31
less than one-third of its entire membership, nor shall any
report bo made to the Senate that is not authorized by the
concurrence of more than one-half of a majority of such
entire membership.
RULE X X V I.
REFERENCE
TO
C O M M IT T E E S ;
REPORTS
OF
M O T IO N S
C O M M IT T E E S
TO
TO
L IE
D IS C H A R G E ,
AND
OVER.
1 . When motions are made for reference of a subject to a
select committee, or to a standing committee, the question
of reference t< 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, Sees. X X V I , X X X I I I .
2 . All reports of committees and motions to discharge a
committee 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 I I , X L III.
RULE X X V II.
REPORTS
OF
CONFERENCE
C O M M IT T E E S .
1 . Tho 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 pend
ing, or while the Senate is dividing; and when received the
question of proceeding to tho consideration of the report, if
raised, shall be immediately put, and shall be determined
without dobate.
US) 1 5 4 °— S. D oc. 349 , 6 7 - 4 ------ 3
[Jefferson’s Manual, Sec.
XLVI.
32
STANDING RULES OF T H E SENATE.
2 . Conferees shall not insert in their report matter not
committed to them by either House, nor shall they strike
from the bill matter agreed to by both Houses. If new
matter is inserted in the report, or if matter which was
agreed to by both Houses is stricken from the bill, a point
of order may be made against the report, and if the point
of order is sustained, the report shall be recommitted to
the committee of conference.
[s. j . 103, 60-2, Mar. 8 , 1918.
RULE X X V III.
M ESSAGES.
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 L V I I .
2 . Messages shall be sent to the House of Representatives
by the Secretary, who shall previously certify the deter
mination of the Senate upon all bills, joint resolutions, and
other resolutions which may be communicated to the House,
or in which its concurrence may be requested; and the Sec
retary 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 L V I I .
RU LE X X I X .
P R IN T IN G
OF
PAPERS,
ETC.
1 . Every motion to print documents, reports, and other
matter transmitted by either of the Executive Departments,
or to print memorials, petitions, accompanying documents.
STANDING RULES OF THE SENATE.
33
or any other paper, except bills of the Senate or House of
Representatives, resolutions submitted by a Senator, com
munications 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 motion is made to com
mit with instructions, it shall be in order to add thereto a
motion to print.
2 . Motions to print additional numbers shall also be re
ferred 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 Rep
resentatives 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
OF
PAPERS.
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 settlement the papers on file relating to the claim.
34
STANDING RULES OF TH E SENATE.
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. X V I.
RULE X X X I .
REFERENCE
OF
C L A IM S
ADVERSELY
REPORTED.
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, unless the claimant shall present a petition therefor,
stating that 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 com
mittee in which such claims are pending.
RULE X X X II.
B U S IN E S S
C O N T IN U E D
FROM
S E S S IO N
TO
S E S S IO N .
At the second or any subsequent session of a Congress, the
legislative business of the Senate which remained undeter
mined at the close of the next preceding session of that Con
gress shall be resumed and proceeded with in the same man
ner 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 Secretary of the Senate, and be retained by him
until the next succeeding session of that Congress, when
they shall be returned to the several committees to wliich
they had previously been referred.
(Jefferson’s Manual, sec. l l 1
1 As amended S. Jour. 67, 50-1, Dec. 14, 1887.
STANDING RULES OF TH E SENATE.
35
RULE X X X I II.
P R IV IL E G E
OF
THE
F L O O R .1 , 6
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 secre
tary.
2
The President elect and Vice-President elect of the United
States.
Ex-Presidents and ex-Vice-Presidents of the United States.
Judges of the Supreme Court.
Ex-Senators and Senators elect.
The officers and employees of the Senate in the discharge of
their official duties.
3 Ex-Secretaries and ex-Sergeant-at-Arms of the Senate.
4 Members of the House of Representatives and Members
elect.
5 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.
6 Ambassadors 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.
1 As
2 As
3 As
4 As
5 As
e As
amended
amended
amended
amended
amended
amended
S. Jour.
S. Jour.
S. Jour.
S. Jour.
S Jour.
S. Jour.
30, 52-1, Dec. 14, 1891.
113, 50-2, Jan. 4, 1889.
75, 53-3, Jan. 28,1895.
418, 48-2, Feb. 28, 1885.
1173, 50-1, July 25, 1888.
351, 54-1, May 26, 1896.
36
STANDING RULES OF THE SENATE.
Members of National Legislatures of foreign countries.
Judges of the Court of Claims.
1 Commissioners of the District of Columbia.
The Librarian of Congress and the Assistant Librarian in
charge of the Law Library.
2 The Architect of the Capitol.
2 The Secretary of the Smithsonian Institution.
Clerks to Senate committees and clerks to Senators when
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.
RULE X X X IV .
R E G U L A T IO N
OF
T IIE
SENATE
W IN G
OF
THE
C A P IT O L .
1 . The Senate Chamber shall not be granted for any other
purpose than for the use of the Senate; 3 no smoking shall be
permitted at any time on the floor of the Senate, or lighted
cigars be brought into the Chamber.
%
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
and Senate Office Building, 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
1 As amended S. Jour. 762, 48-1, June 13, 1884.
2 As amended S. Jour. 565, 48-1, Apr. 22, 1884.
3 As amended S. Jour. 163, 63-2, Mar. 9, 1914.
STANDING RULES OF THE SENATE.
37
the reporters’ gallery of the Senate as will confine its occupa
tion to bona fide reporters for daily newspapers, assigning
not to exceed one seat to each paper.
RULE X X X V .
S E S S IO N
W IT H
CLOSED
D O ORS.
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 dis
cussion of such motion the doors shall remain closed.
[Jefferson's Manual, Sec. X V I I L
RULE 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 Executive business, he shall have a seat on the right of
the Presiding Officer. Wlien the Senate shall be con
vened by the President 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,
1 Mr. Aldrich, from the Committee on Rules, reported the following reso
lution; which was considered by unanimous consent and agreed to.
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.
[S. E x. Jour. 225, V ol. 28, 52- 1 , May 2, 1892.
2 As amended S. Jour. 428, 50-1, Mar. 6, 1888.
38
STANDING RULES OF T H E SENATE.
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
officers shall be sworn to secrecy.
3. All 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 thereon shall also be kept secret, until the
Senate shall, by their resolution, take off the injunction
of secrecy ,12 or unless the same shall be considered in open
Executive sessions.
1
[Jefferson’s Manual, Sec. L II.
1 On motion by Mr. Frye,
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. Frye) 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 may 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.
[S. E x. Jour., 20, 49 special, March 21, 1885.
During the consideration of executive business the following resolution
was considered and agreed to.
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.
[S. Jour. 131, 56-1, Feb. 8, 1900.
2 As amended S. Jour., 428, 50-1, Mar. 6, 1888.
S T A N D IN G R U L E S OF T H E S E N A T E .
39
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.
1 5. Whenever, by the request of the Senate or any com
mittee thereof, any documents or papers shall be com
municated 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 documents and papers shall be con
sidered as confidential, and shall not be disclosed without
leave of the Senate.
RULE X X X V I r.
E X E C U T IV E S E S S IO N — P R O C E E D IN G S O N T R E A T IE S .
1 . 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 com
mittee,2 to print it in confidence for the use of the Senate,2
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
otherwise direct, lie one day for consideration; after which it
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
1 As amended S. Jour., 320, 58-2, March 31, 1904.
2 As amended S. Jour., 428, 50-1, March 6, 1888.
40
STANDING RULES OF THE SENATE.
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
Whole ? ” 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
otherwise; at which stage no amendment shall be received,
unless by unanimous consent.
On the final question to advise and consent to the ratifi
cation in the form agreed to, the concurrence of two-thirds
of the Senators 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 As amended S. Jour. 428, 50-1, Mar. 6, 1888.
STANDING RTTX.ES OF THE SENATE.
41
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.
All treaties concluded with Indian tribes shall be con
sidered and acted upon by the Senate in its open or legisla
tive 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. L II.
RU LE X X X V III.
E X E C U T IV E
S E S S I O N -----P R O C E E D I N G S
ON
N O M I N A T I O N S .1
1 . Wlion 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
1 On motion by Mr. Manderson, the Senate proceeded to consider the
following resolution reported from the Committee on Printing; which was
agreed to:
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, and confirmed.
[S. Ex. Jour., Vol.25, 197, 49-1, Dec. 16, 1885-
On motion by Mr. Ingalls:
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.
[S. E x. Jour., V ol. 25, 237, 49-1, Dec. 17, 1885.
The Senate proceeded to consider the resolution submitted by Mr. Hill
on April 14, which was unanimously agreed thereto.
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.
[8. E x. Jour. 629, V ol. 29, Part 1, 53-2, May 2, 1894.
42
STANDING RULES OF TH E SENATE.
received, nor on the day on which it may be reported by a
committee, unless by unanimous consent.
2 . All information communicated or remarks made by a
Senator when acting upon nominations concerning the
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 reconsidera
tion 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 nomination shall have been sent to the Presi
dent before the expiration of the time within which a
motion to reconsider may be made, the motion to recon
sider shall bo accompanied by a motion to request the
President to return such notification to the Senate.
Any
motion to roconsidor 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
expiration of the time limited for making a motion to
reconsider the same, or while a motion to reconsider is
pending, unless otherwise ordered by the Senate.
43
STANDING RULES OF TH E SENATE.
5. When the Senate shall adjourn or take a recess for
moro than thirty days, all motions to reconsider a vote
upon a nomination which has been confirmed or rejected
by the Senate, which shall bo pending at the time of taking
such adjournment or recess, shall fall; and the Secretary
shall return all such nominations to the President as con
firmed or rejected by the Senate, as the case may be.
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 Secre
tary to the President, and shall not again be considered
unless they shall again be made to the Senate by the
President.
RULE X X X I X .
THE
P R E S ID E N T
»
F U R N IS H E D
W IT H
E X E C U T IV E
C O P IE S
OF
RECORDS
OF
S E S S IO 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 Executive Journal shall be furnished by the Secre
tary, 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.
44
STANDING RULES OF TH E SENATE.
RULE X L .
S U S P E N S IO N
AND
AM ENDMENT
OF
TH E
RULES.
No motion to suspend, modify, or amend an}' rule, or
any part thereof, shall be in order, except on one day’s
notice in writing, specifying precisely the ride or part pro
posed to be suspended, modified, or amended, and the
purpose thereof. Any rule may be suspended without
notice by the unanimous consent of the Senate, except as
otherwise provided in clause 1 , Rule X II.
BY
indc\ to Sen. Rules
OATHS REQUIRED BY THE CONSTITUTION AND BY
LAW TO BE TAKEN UNDER RULE II.
SEN ATORS.
I, A B, do solomnly 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
T
and allegiance to the same; that I take this obligation
freely, without 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.
Impr.h-hmeu'i Rules
I, A B, do solemnly swear (or affirm) that I will support
the Constitution of the United States.
[i stat., 23, June 1 , i~89.
[15 Stat., 85, July 11, 1868.
THE
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 will also take the following:
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.
[ i s t a t ., 23, Junei, 1789.
I
Rule:, for .Son. Win/' U
BY
ra 1 . vkmm; *r> a-n
'M
r
<
H/nuto*;
•
•
■ 1
impeachment Rules
T '
Rules for Sen. Wing Cap,
,,
standing Qfifors 0f the Ser
INDEX TO THE STANDING RULES OF THE SENATE.
A.
Rule. Clause. Page.
5
1
7
5
3
8
29
2
33
33
22
-
25
22
33
-
25
35
measure.............................................................................................. 17
When a question of an, is pending, a motion may be made
-
22
to amend......................................................................................... 22
"When a question of an, contains several propositions, a
-
25
division may be called for.........................................................
A motion to strike out and insert an, shall not be divided. .
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................................................................
Rejection of a motion to strike out and insert shall not
prevent a motion simply to strike out..................................
The rejection of a motion to strike out shall not prevent
a motion to strike out and insert............................................
18
18
-
22
22
18
-
22
18
-
22
-
22
49
standing: Outers of the Sm
18
Rules for Sen, Wing Cap, ,,
2
*7
29
impeachment Rules
Absent himself from the service of the Senate without leave.
No Senator shall..................................... -•...................................
Absent Senators. Less than a quorum may request or compel
the attendance of.........................................................................
Additional numbers of a document-----Referred to the Committee on Printing. Motions to
print.................................................................................................
Where cost for printing exceeds five hundred dollars,
the House of Representatives must concur........................
Adjourn.
Shall have precedence over all other motions. Amotionto.
To a day certain shall be second in the order of precedence
of motions........................................................... .*.........................
Admission to the floor of the Senate. Persons entitled to........
Amendment.
If laid on the table, shall not carry with it or prejudice the
50
IN D E X TO T H E STAN D IN G RULES OF T H E SENATE.
Amendment— Continued.
Rule. Clause. Pa*e.
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 22
It shall not be in order on the third reading of a bill to offer
an, except by unanimous consent......................................... 15 2
19
After a motion to close debate on a measure is agreed to
a Senator may speak one hour on it, the, thereto and
motions affecting the sa m e ..................................................... 22 25
Amendments to general appropriation bills. No amendment
shall be received which will increase an appropriation
already in the bill, unless........................................................ 16 1
20
Appropriations Committee shall not report a bill contain
ing amendments proposing new or general legislation.. 16 1
20
If an appropriation bill is reported containing amend
ments proposing new or general legislation, a point of
order may be made and if sustained the bill shall be
recom m itted................................................................................. 16 1
20
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.................................................................................... 16 1
20
Amendments moved by direction of a committee or in
pursuance of an estimate of the head of a department
may be received........................................................................... 16 1
20
All amendments moved by direction of a committee must
be referred to the Committee on Appropriations one day
before being considered....................................
16 2 2 0 ,21
No amendment to an amendment increasing the appro
priation therein shall be received.......................................... 16 2
21
Amendments to river and harbor bills shall also be re
21
ferred before being considered................................................ 16 2
Amendments to post-road bills shall also be referred before
being considered......................................................................... 16 2
21
No amendment proposing general legislation shall be
received........................................................................................... 16 3
21
No amendment not relevant or germane to the subjectmatter of the bill shall be received....................................... 16 3
21
An amendment to a general appropriation bill may be
laid on the table without prejudice to the b ill................. 16 3
21
No amendment to provide for a private claim shall be
received, unless to carry out existing law, etc.................. 16 4
21
Amendments to the Rules. (See Rules.)
Amendments to treaties shall be determined by a majority
vote. All questions of........................................................
37 1
40
Rule. Clause. Page.
- 13,14
20
1
24
20
,1
24
20
1
24
22
-
26
5
3
8
7
Rules for Sen. Wing Cap,
Standing Orders of the Sei
8
impeachment Rules
Anthony rule. Known as the..............................................................
Appeals, in questions of order. Every question of order de
cided by the Chair shall be subject to an appeal to the
Senate...............................................................................................
When an appeal is taken, any question of order or appeal
that may .afterwards arise shall be decided without
debate..............................................................................................
If an appeal be laid on the table, it shall be held as affirm
ing the decision of the Chair....................................................
Appeals from decision of the Chair. Where a motion to close
debate on a pending measure has been agreed to, to be
decided without debate.............................................................
Appropriation bills. (See General appropriation bills.)
Attendance of absent Senators. The Sergeant-at-Arms may
be directed to request, and, when necessary, compel the.
&>"* Rule
52
IN D E X TO T H E S T A N D IN G R U LE S OF T H E S E N A T E .
Index to Sen, Rules
B.
Rule. Clause. Pace.
Ballot. The chairman and members of the standing commit
tees shall be appointed b y ......................................................... 24
A majority shall choose a chairman and a plurality the
other members of a standing committee................................ 24
Bills and joint resolutions. Order in which the Chair*shall
call for, under ‘ ‘ morning business ” ........................................
7
Manner of introduction of pension bills, bills for the
payment of private claims, or for the correction of
naval or military records............................................................
7
Pills 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 motion----7
Bills and resolutions, not objected to, to be taken up in
their order................................................................- .................... 8
To proceed to the consideration of certain, on the Calendar
out of regular order, a privileged motion.............................. 9
Whenever offered, their introduction shall, if objected to,
be postponed for one day........................................................... 14
Shall have three several readings before passage, which
shall be on three different days unless by unanimous
consent.............................................................................................. 14
May read the first and second times by title only unless.. 14
May be read twice on the same day for reference only----- 14
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.............................................................
A ll bills and joint resolutions reported from a committee
shall also go on the Calendar....................................................
Before amendment, shall be considered as in Committee
of the W hole..................................................................................
When ordered to a third reading they shall not be open
to amendment unless by unanimous consent.....................
But may be committed before the question is put upon
the passage.......................................................................................
1
27
1
27
1
10
2 10,11
7
13
-
13
-
14
1
18
2
2
18
18
3
18
14 4 18,19
14 4
18
15 1
19
15 2
19
15 2
19
|
i
IN D E X TO T H E S T A N D IN G R U LE S OF T H E S E N A T E .
Bills and joint resolutions— Continued.
If committed when reported shall again go on the Cal
2
19
15
endar as bills in Committee of the Whole.....................
May be accompanied by a preamble, which may be
26
23
withdrawn, or laid on the table........................................
Enrolled, may be signed by Senator designated by Pres
(Note) 6
ident pro tempore to perform duties of the Chair.. .
Motion signed by sixteen Senators to close debate on,
_
and other measures.............................................................
22
25
Decided by a two-thirds vote, without debate.................. 22
26
Bills, General appropriation, shall be referred to the Com
mittee on Appropriations, except river and harbor,
agricultural, Army, Military Academy, Indian,
naval, pension, and Post Office, A l l .............................. 16
1
20
Limitations to amendments'which may be proposed to. 16 1-1 20-21
Amendments to, proposing new items of appropriation
shall before being offered be referred...............................
16
2 20-21
No amendment proposing general legislation shall
be proposed to any general appropriation b ill........... 16
3
21
No amendment to provide for a private claim shall be
4
21
offered to, unless to carry out existing law................. 16
19
Bilb, private, may be referred to the Court of Claims........... 15
3
1
10
7
Business. Order of morning.......................................... ................
Business of the Senate continued from session to session.
_
The legislative........................................................................ 32
34
54
INDEX TO TH E STANDING RULES OF THE SENATE.
Clause. Page.
Calendar of general orders shall be called on Monday under
3
Rule V I I I ................................................................................... 7
A t the expiration of the morning business, the Senate
shall take up th e........................................................................8, 9
Subjects on the Calendar to be taken up in their order___ 8,9
Every 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 the.................................................... 14 4
To proceed to the consideration of an appropriation or
revenue bill on the, out of its order a privileged
motion.............................................................................................. 9 To proceed to the consideration of any other bill on
9 the, out of its order, a privileged motion...........................
To pass over the pending subject on the, a privileged
motion.............................................................................................. 9 To place pending subject at the foot of the, a privileged
motion.............................................................................................. 9 Call of the Senate. When a question is raised as to the
presence of a quorum, the Chair shall direct the roll
5 2
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 Rules............................................. 34 2
Certificates of election of Senators. To be recorded in well6 2
bound book....................................................................................
6 Form o f...............................................................................................
Chief Clerk, when to perform duties of the Chair.......................... 1 2
Claims rejected by the Senate can not be again referred unless
new evidence be presented...................................................... 31 Adversely reported on can not be withdrawn without
leaving copies................................................................................ 30 2
The papers may be sent to the proper officer by the Sec
retary. Where acts have passed for private...................... 30 1
Papers in relation to, to be transmitted by Secretary of
Senate to committee having claim under consideration. 31 After adverse report agreed to papers can not be with
drawn from Senate files to be referred unless on new
31
11
13-15
13-15
18-19
14
14
14
14
7-8
36-37
8
9
5
34
34
33
34
34
55
INDEX TO TH E STANDING RULES OF THE SENATE.
Rule.Clause. Page.
Close debate, motion to-, to be signed by sixteen Senators........... 22
25
26
To be decided by a two-thirds vote without debate...........22
After vote to, a Senator may speak one hour......................... 22
26
Closed doors. On the discussion of a subject which may re
quire secrecy, the galleries shall be cleared and the
doors closed............................. .*.................................................... 35 37
Cloture.......................................................................................................... 22
- 25-26
Commit. After the third reading and before the passage of a
bill a motion may be made to................................................. 15
2
19
When a question is pending, the order stated in which a mo
tion may be made to.................................................................. 22
25
A motion to, not open to amendment except to add in
structions........................................................................................ 26
1
31
Committee of the Whole. All bills and joint resolutions shall,
before passage, be first considered as in .............................. 15
1
19
When a bill is recommitted and again reported, it shall
be again considered as in .......................................................... 15
2
19
Treaties when acted upon in executive session shall be
first considered as in ................................................................... 37
1
39
Committee on Rules, to have control of Senate wing of the
Capitol building, its corridors, etc......................................... 34
2 36-37
Committees. Order in which the Chair shall call for reports of. 7
1
10
Three members of Committees on Agriculture, Post Offices
and Post Itoads, Military Affairs, Naval Affairs, District
of Columbia, Commerce, and Foreign Relations shall be
ex officio members of the Committee on Appropriations
when their respective bills are being considered........... 16
1
20
The standing committees, unless otherwise ordered, shall
be appointed by ballot.............................................................. 24
1
27
A majority of votes necessary to the choice of a chairman.
Select committees and the residue of the standing com
mittees may be chosen by a plurality..................................
Vacancies in committees when filled shall be only to fill
up the number of members......................................................
Enumeration of the standing committees to be appointed
at the commencement of each Congress..............................
A motion to refer to a standing committee shall take pre
cedence of a motion to refer to a select committee..........
24
1
27
24
1
27
24
2
27
25
1 27-30
26
1
31
56
INDEX TO TH E STANDING RULES OF THE SENATE.
Rule. Clause. Page.
Committees— (continued). A motion to refer shall not be open
to amendment, except to add instructions........................ 26
All reports of committees shall lie one day for consider
ation................................................................................................. 26
Quorum of, when composed of more than three Senators,
the committee to fix number to constitute a.....................
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 of conference shall be always in order, except,
etc., and the question of their consideration shall be
immediately put without debate, reports o f.....................
Communications from State legislatures, etc., when printed
in the Record, to be filed in office of Secretary of the
Senate.............................................................................................
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 consideration be
immediately put without debate...........................................
New matter may not be included in reports of com
1
31
2
31
25
3 30-31
25
2
30
27
1
31
7
6
12
7
1
10
27
1
31
mittees of....................................................................................... 27
Confidential communications from the President, and all
treaties, proceedings, and remarks thereon, shall be
2
32
kept secret......................................................................................
Confidential business of the Senate. Penalties for disclosing
the................... •-...............................................................................
Shall be kept in a separate book........................
Contingent fund of the Senate shall be referred to the Com
mittee on Contingent Expenses. All resolutions for the
payment of money from the.....................................................
Court of Claims. To refer private bills to the...............................
Conventions shall be printed in full in the Record. Communi
cations from State legislatures or...........................................
Credentials. The presentation of shall always be in order, and
be proceeded with until disposed ofby the Senate-------
36
3
38
36
4
39
4
2
7
25
15
1
3
28
19
7
6 12,13
6
1
8
INDEX TO TH E STANDING RULES OF TH E SENATE.
57
D.
Rule. Clause. Pago.
Daily sessions. Commencement of................................................... 3
Day 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 Office* shall, or any Senator may,
call him to order........................................................................... 19
When called to order he shall sit down, and shall not pro
ceed without 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 exceptional 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
No Senator shall interrupt another without his consent,
to obtain which he shall first address the Chair............... 19
No Senator shall impute to another Senator any conduct
or motive unworthy or unbecoming a Senator.................. 19
No Senator shall refer offensively to any State of the
Union............................................................................................... 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 without.................................................................... 19
A motion to close, signed by sixteen Senators......................... 22
To be decided by a two-thirds vote, without debate......... 22
Upon the merits of the question. A motion to take up a
subject shall be decided without...........................................
Petitions and memorials to be presented and referred
without............................................................................................
No Senator to speak but once, and for five minutes only, on
bills and resolutions upon the Calendar not objected to.
A motion to lay before the Senate any bill or other matter
sent to the Senate by the President or House of Repre
sentatives shall be decided without......................................
-
6
-
25
4
23
4
23
4
23
5
23
1
22
1 22-23
2
23
3
23
1
23
25
- 25-26
7
3
11
7
5
12
8 -
13
7
13
7
58
INDEX TO TH E STANDING RULES OF TH E SENATE.
Debate— Continued.
Rule. Clause. Pace.
A motion made before 2 o’clock to proceed to the con
sideration of any matter shall be determined without.. 8 14
A motion to change the order of special orders or to pro
ceed to the consideration of other business shall be
decided without......................................................................... 10 2
15
Decision is announced. No Senator shall, under any circum
stances, be permitted to vote after a ..................................... 12 1
16
But he may, for special reasons, by unanimous consent,
change or withdraw his vote after a ...................................... 12 1
10
Any motion or resolution may be withdrawn or modified,
except a motion to reconsider before an amendment,
ordering the yeas and nays, or before a ............................... 21 2
24
Departments, heads of, no communications to be sent by,
except authorized by law unless transmitted by the
President.........................................................................................7 (Note) 10
Dilatory motions. When motion to close debate is agreed to,
no, nor dilatory amendments are in order.......................... 22 26
Diplomatic and Consular appropriation bill shall be re
ferred to the Committee on Foreign Relations................. 16 1
20
Discharge of a committee. A motion to discharge a committee
from a subject shall lie one day for consideration, unless. 26 2
31
All subjects from which a committee shall be discharged
shall also lie one day for consideration, unless................. 26
2
31
-
22
22
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 the...........................................................................................35 -
37
Division of a question.
If the question in debate contain
several points any Senator may have the same divided.. 18
A motion to strike out and insert shall not be divided----- 18
IN D E X TO T H E S T A N D IN G R U LE S OF T H E S E N A T E .
Rule. Clause. Pagi
Impeachment Rules
00
CO
T
Rules for Son. Wing Cap,
Enrolled bills. (See Bills and joint resolutions.)
Exceptionable words shall be taken down. If a Senator be
23
called to order for words spoken in debate, the................ 19 5
Excused from voting. In calling the yeas and nays, each
Senator, when his name is called, shall answer without
16
debate, unless for special reasons he be............................... 12 1
When reasons shall be assigned for not voting, their suffi
16
ciency shall be determined without debate....................... 12 2
These proceedings shall be after the roll is called, and
before the decision is announced........................................... 12 2
16
Executive business, a motion to proceed to consideration of,
25
shall be decided without debate............................................ 22 The President shall have a seat on the right of the Chair
37
when he shall meet the Senate for consideration of----- 36 1
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.)................................................. 36 2 37
37
Unless the Senate is in open Executive session.................... 36 2
All confidential communications made by the President,
and all treaties, and remarks, votes, and proceedings
38
thereon, shall be kept secret, except as provided........... 36 3
Any person who shall disclose the secret proceedings of
the Senate shall, if a Senator, be liable to expulsion; if
an officer, to dismissal................................................................ 36 4
39
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........................................ 36 5
39
Proceedings upon treaties. (See Treaties.)
Proceedings upon nominations. (See Nominations.)
Executive record. The President shall, from time to time, be
43
furnished with an authenticated transcript of the...........39
No further extracts shall be furnished by the Secretary
without an order of the Senate............................................... 39
43
Executive proceedings of the Senate shall be kept in a separate
book.................................................................................................. 4
Standin,.-, Orders of the So,;.
r
I
60
INDEX TO TH E STANDING RULES OF TH E SENATE.
Rule. Clause Page.
Extra copies of documents shall be referred to the Committee
on Printing. Motion to print................................................ 29
When the cost of additional copies shall exceed five hun
dred dollars the concurrence of the House shall be
necessary...................................................................
29
Extracts from the Executive Journal shall not be given with
out an order of the Senate......................................................... 39
F.
Floor of the Senate.
2
33
2
33
-
43
*
Persons entitled to admission to the----- 33
- 35, 36
I
1
61
IN D E X TO T H E S T A N D IN G R U LE S OF T H E S E N A T E .
Rule. Clause. Page.
Galleries, confusion in the, etc., duty of Chair to enforce order
in ....................................................................................................... 19
23
6
Galleries to be cleared and the doors closed, on discussing a
question requiring secrecy. The Chair shall direct the,
on a motion made, etc........... .*.................................................. 35 General appropriation bills. All general appropriation bills
shall be referred to the Committee on Appropriations.. 16 1
Three members of the Committees on Agriculture, Post
Offices and Post Roads, Military Affairs, Naval Affairs,
District of Columbia, Commerce, and Foreign Relations
shall be ex officio members of the Committee on Appro
priations when their respective general appropriation
bills are being considered
................................................... 16 1
To proceed to the consideration of, a privileged m otion.. 9 Amendments to. No amendments shall be received which
37
20
20
14
shall increase the appropriation, unless to carry out
some existing law or treaty or resolution of the Senate, or
by direction of a standing or select commit tee, or in pur
suance of an estimate of the head of a department.........16 1
20
All amendments proposing to increase an appropriation
shall one day previous to being offered be referred to
the Committee on Appropriations......................................... 16 2 20-21
No amendment shall be proposed to an amendment in
creasing the amount in such amendment........................... 16 2 20 -2 1
Amendments moved b y direction of a committee shall be
first referred to the Committee on Appropriations.......... 162 20-21
No amendment proposing general legislation, or that is
not germane or relevant to the subject of the bill, shall
be received..................................................................................... 16
No amendment to any item or clause that does not directly
relate thereto shall be received............................................... 16
All questions of relevancy or amendments shall be de
cided by the Senate without debate.................................... 16
No amendment providing for a private claim, unless to
carry out a law or treaty stipulation, shall bereceived. 16
Any amendment to a general appropriation bill may be
laid on the table........................................................................... 16
3
21
3
21
3
21
4
21
3
21
62
INDEX TO THE STANDING RULES OF TH E SENATE.
Rule. Clause. Page.
General legislation to general appropriation bills. No amend
ment shall be admitted proposing......................................... 16
General orders. (See Calendar.)
Germane. No amendment to any appropriation bill shall be
offered which is not relevant or.............................................. 16
2
21
3
21
l.
Impeachment, court of. Proceedings recorded.............................. 4
Indefinite postponement. When a question is pending, a mo
tion may be made for................................................................. 22
Indian treaties shall, unless transmitted by the President in
confidence, be acted upon in legislative session............... 37
Injunction of secrecy. All confidential communications from
the President, and all treaties, and remarks and pro
ceedings thereon, are embraced within the....................... 36
All information given or remarks made by a Senator
2
7
-
25
3
41
3
38
2
42
2
42
4
39
4
39
touching the character or qualifications of a nominee,
and all votes on a nomination, are within th e...........
38
A person nominated may be notified of charges made
against him, but the name of the person making them
shall not be disclosed................................................................. 38
A Senator disclosing the confidential or secret business of
the Senate shall be liable to expulsion................................ 36
An officer of the Senate committing a like offense shall be
dismissed and punished for contempt.................................. 36
\
J.
Rule.Clause. Page.
Journal. A quorum being present, the Journal of the pre
vious day’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 of.
The proceedings of the Senate shall be briefly and accu
rately stated on the........................................................................
Journal. 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
1 6-7
3
1
7
3
1
7
4 1
7
4
1
7
4
2
7
23
-
26
13
16
20
1
3
1
17
21
24
22
-
14
1
25
18
21
2
24
L.
65)454°— S. D oc. 349 , 6 7 - 4 -------5
5
1 7
19
1
23
19
4
23
30
1
33
3 2 - 3 4
4
2
7
'Jj-andin."/ Orders of tho S at
No Senator shall absent himself’ from the service of the
Senate without..............................................................................
No Senator shall speak more than twice on any one ques
tion on the same day without.................................................
A Senator when called to order shall sit down and shall
not proceed without....................................................................
No memorial or other paper, except original treaties,
shall be withdrawn without.....................................................
Legislative business. The legislative business of the Senate
shall be continued from session to session of the same
Congress...........................................................................................
The legislative proceedings of the Senate shall be recorded
in a separate book........................................................................
l>ufes for oen. Win.«f (>ap.i
Laid on the table. The preamble to a bill or resolution may,
without carrying the bill or resolution, b e............................
\ motion to reconsider may be, without carrying the
subject, and shall be a final disposition thereof..................
An amendment to a general appropriation bill may b e . . .
An appeal from the decision of the Chair may b e..................
When a question is pending, a motion may be made to lay
on the table, which shall be decided without debate.. .
Leave to introduce a bill. May be offered if no objection..........
Leave of the Senate. A motion to reconsider shall not be
withdrawn without......................................................................
r
64
INDEX TO TH E STANDING RULES OF THE SENATE.
Rule. Clause. Page
Majority. A motion to reconsider a vote may be decided
by a .......... ......................................... ........................................... - 13
All questions upon a treaty, except on the question of
ratification, and on a motion to postpone indefinitely,
shall be by a ...................................................................
Measure. Motion to close debate on a pending............................
To be decided by a two-thirds vote, without debate. . . . .
After agreeing to vote on, a Senator may only speak one
hour, and amendments........................................... ' - - - - - - - - Memorials and petitions shall be referred ’without putting the
question............................................................... — - .......... 7
Before being presented or read they shall be signed, in
dorsed with a brief statement of their contents, and
.
referred without debate........ i ......... .....................i ................
Manner of presentation of after morning hour.......................
Of foreign citizens or subjects shall not be received unless
through the President................................................................
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 fdes -without leave of
1
17
37 1
22 22 -
40
25
26
-
26
4
12
22
7
7
5
12
2 10-11
7
5
12
30
2
34
the Senate.................................... - ................................................ 3d
When an act has passed for the settlement of a private
claim, the Secretary may transmit the papers to the
1
33
accourang officers....................................................................... 30
To print in Record, from the States, and then tile in Secre
1
33
tary’s office..................................................................................... 7
Merits of the question proposed to be considered. It shall
not be in order to discuss the. .*............................................. 7
Messages from the President and from the House of Repre
sentatives may be received at any stage of the proceed
ings except..................................................................................... 38
To the House and communications to the President
6
12
3
11
i
32
shall be taken by the Secretary.............................................
28
2
32
Modify the Rules. (See Rules.)
Mondays, calendar shall be called on, under Rule \ I I I .........
7
3
11
Conferences
65
IN D E X TO T H E S T A N D IN G R U L E S O F T H E S E N A T E .
8
Rulc.Clau e. Page.
7
1
10
reduced to writing.........................................................
21
Which may be made when a question is under considera
1
24
tion; their order and precedence........................................... 22
A motion or resolution may be withdrawn or modified
-
25
before a division, amendment, or ordering of the yeas
and nays.................................................................. - ............ - - - - 21 2
A motion to reconsider shall not be withdrawn without
leave of the Senate..........................................................
21
2
A motion to close debate signed by sixteen Senators..........22
To be decided by a two-thirds vote, without debate.......... 22 A motion to discharge a committee shall lie over one day
for consideration, unless by unanimous consent............... 26 2
I
24
24
25
26
31
Snip.' i nment Rules
Resolutions shall be proceeded with until 2 o’clock___
8 13
The order of, which shall not be interrupted, unless by
unanimous consent, prescribed...................................
7
1
10
No motion to proceed to the consideration of subjects
on the Calendar shall be received during, or up to 1
o’clock, except by unanimous consent, during the......... 7 3
11
A motion received by unanimous consent to take up a
subject shall not be open to amendment, and shall be
decided without debate on the merits of the question.. 7 3
11
Morning hour. Terminates two hours after meeting of Senate. 8 (Note 2 ) 13
During the, no motion shall be entertained, except........... 7
3
11
Motions. A motion to lay before the Senate bills or other
matter sent to the Senate by the President or House of
Representatives, in order at any time.................................. 7
7
13
To reconsider shall be decided by a majority vote.............. 13
1
17
Before a motion shall be debated it shall, if required, be
I d U y l/'an1?
n
7 3
, ;s
Morning business. Order in which it is laid before the Sen
ate, after the Journal is read....................................................
Until concluded, or until 1 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
subject................................................... . ................................. ..
Morning business. At the conclusion of the, for each day,
unless otherwise ordered, the Calendar of Bills and
1
66
INDEX TO T H E STANDING RULES OF T H E SENATE.
Jndox to Son. Rules
N.
Rule. Claus.-. Pa*p.
New matter may not be included in conference reports............. 27 2
32
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, unless.........38 1 41,42
Shall be prepared for the printer by the Official Reporter,
and printed in the Record; also nominations recalled,
confirmations, and rejections................................................... 38 (Note)41
The Secretary shall furnish the Official Reporters with a
list of nominations, and a like list of all confirmations
and rejections...................................................................................38 (Note)41
The Secretary shall furnish to the press, and to the public
upon request, the names of nominees confirmed or
rejected, except.............................................................................. 38 (Note)41
Discussions upon the character and qualifications of a
nominee and the votes upon a nomination shall be
kept secret...................................................................................... 38
242
The person nominated may be notified of charges against
him, but the name of the party making them shall not
be disclosed.................................................................................... 38
242
A motion to reconsider the vote on a nomination may be
made within next two days of actual session..................... 38
342
Notice of confirmation shall not be sent to the President
until the expiration of next two dayc of actual session.. 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
A motion to reconsider the vote on a nomination may be
laid on the table, which shall be final................................ 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
m a y b e ............................................................................................. 38
Not confirmed or rejected at one session shall not be con
sidered at the next session unless renominated................ 38
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.......................................... 33
4
42
3
42
3
42
5
43
6
43
g
43
INDEX TO THE STANDING RULES OF TH E SENATE.
O.
%
T.ule. Clause. Page.
Oaths of 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..
2Forms of............................................................................................ 45
Order of business. After the conclusion of the morning busi
ness, prescribed............................................................................ 8 After the consideration of cases not objected to upon the
Calendar is completed, and not later than 2 o’clock,
prescribed....................................................................................... 9 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
Chair......................................................
No Senator shall impute to another Senator any conduct
or motive unworthy or unbecoming a Senator..................
No Senator shall refer offensively to any State of the
Union............................................................................. 19
If a Senator be called to order for words spoken in de
bate, the exceptionable words, if required, shall be
taken down....................................................................................
The Presiding Officer shall name the Senator who is to
speak, who shall in all cases be the one wrho shall first
address the Chair.........................................................................
No Senator shall speak more than twice on any one ques
19 4
6
13
14
23
19
1 22-23
19
2
23
3
23
19
5
23
19
1
22
tion on the same day without leave of the Senate, to be
determined without debate...................................................... 19
A motion to take up a subject shall not be open to debate
on the merits of the subject proposed to beconsidered.. 7
Order in the galleries. (See Galleries.)
Order, questions of. A question of order may be raised against
an appropriation bill proposing new or general legisla
tion, and if sustained, the bill shall be recommitted.. . 16
A question of order may be raised at any time except,
and shall be decided by the Chair without debate------20
An appeal may be taken from the decision of the Chair
on a question of order.................................................................. 20
1 22-23
3
11
1
20
1
24
1
24
68
IN D E X TO T H E S T A N D IN G R U LE S OF T H E S E N A T E .
Orctef, questions of — Continued.
Rule, ciauae. p««e.
The Chair may submit any question of order to the deci
24
sion of the Senate........................................................................ 20 2
When an appeal is taken from the decision of the Chair,
any subsequent question of order or appeal shall be
decided without debate............................................................. 20 1
24
An appeal may be laid on the table, which shall be
regarded as sustaining the decision of the Chair................ 20 1
24
When motion to close debate is agreed to, all, including
relevancy of amendments and appeals, to be decided
without debate.............................................................................. 22 26
at Hi mi u wjRn'x 9iti
If
\
69
INDEX TO THE STANDING RULES OF TH E SENATE.
P.
Rule. Clause. Page.
Papers. When the reading of a paper is called for, and ob
jection be made, it shall be submitted to the Senate
without debate.............................................................................. 11 15
Printing of.......................................................................................... 29
1 32-33
No papers, except original treaties, shall, without leave
of the Senate, be withdrawn from its files................. 7. . . 30 1
33
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
33
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.........................
31 34
Where an adverse report has been made, papers shall not
be withdrawn without leaving copies with the Secretary. 30 2
34
Pending measure. Amendment proposed to any, is laid on
the table without carrying the measure to the table or
prejudicing the same.................................................................. 17
22
To close debate on a ........................................................................ 22
- 25, 26
Petitions, before being presented, must be signed, indorsed
with a brief statement of their contents, and referred
without debate........................................................................ ... 7 5
12
Manner of presentation of.............................................................
7
2
11
Order in which the Chair shall call for, in the morning hour 7
1
10
Order to print in Record covers body of petition only___
7(Note2)12
No petition or other paper signed by citizens or subjects
of a foreign power shall be received unless through the
President...................................... ..................................................
7 5 12
To print, from the States, in Record and then filed in Sec
retary’s office................................................................................
Petitions. Every petition shall be referred without putting the
question, unless there be objection........................................
7
Plurality of votes. Select committees and the members of
standing committees (except the chairman) shall be
elected by a .............................................................
24
Postpone indefinitely. When a question is pending, a motion
may be made to
22
6 12,13
7
1
-
4 12
27
25
70
INDEX TO TH E STANDING RULES OF TH E SENATE.
Rule. Glauae. Pace.
Preamble to a resolution. The question shall be first put
upon the resolution, and last on the preamble................. 2d
To a bill or resolution may be withdrawn before an
-
2 <5
amendment or ordering of the yeas and nays. It may
also be laid on the tab le.......................................................... 23 26
Preamble. To a bill or resolution shall be last put to ques
tion. and may also be laid on the table............................ 23
26
President of the United States. Heads of departments not to
send communications except through the..........................
7 (Note) 10
President pro tempore. (See Presiding Officer.)
Presiding Officer of the Senate. In the absence of the VicePresident, the Senate shall choose a ....................................
1
1
5
Tenure of office of President pro tempore................................ l(Note 1 ) 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...................................................................................
1 2
5
He shall have the right to name a Senator to occupy the
Chair, who shall not hold beyond an adjournment except
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
1 3
5
1 4
G
Representatives................................................................ .......... 7 7
13
The Presiding Officer shall decide every question of order
without debate, subject to an appeal to the Senate----- 20
1
24
He may submit any question of order without decision
to the Senate..................................... ............................................ 20 2
24
Senator designated by President pro tempore to perform
duties of the Chair may sign enrolled bills...........................
(Note 3) 6
Printing. 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.................................... 29
All reports of committees, unless for the dispatch of
business the printing be dispensed with, shall be
printed............................................................................................ 29
1 32-33
3
33
Rule. Clause. Page,
Printing, Committee on. Motions to print additional numbers
shall be referred to the............................................................. 29
When the cost of printing additional numbers shall exceed
five hundred dollars, it shall be by concurrent resolution. 29
Every bill, joint resolution, and report of committee shall
be printed unless......................................................................... 29
Private bill. May be referred to Court of Claims.......................... 15
Private claim. No memorial or other papers relating to, shall
be withdrawn from the fdes without leave of the Senate. 30
Where a private act has passed, the Secretary may trans
mit the papers to the officer charged with the settlement. 30
No private claim, which has been rejected, shall be again
referred from the files without new evidence.................... 31
Where an adverse report has been made on a private claim,
the papers shall not be withdrawn without leaving copies 30
No amendment shall be proposed to any general appro
priation bill whose object is to provide for a, unless.........16
Private secretary of Senator shall not be admitted to the floor
until borne upon the rolls of the Secretary as such.............33
Privileged motions, save as against a motion to adjourn, to
proceed to Executive business, or questions of privilege,
and shall be decided without debate.................................... 9
Privileges of the floor................................................................................ 33
I
2
33
2
33
3
3
33
19
1
33
1
33
-
34
2
34
4
21
-
36
14
- 35, 36
72
INDEX TO TH E STANDING RULES OF TH E SENATE.
Rule. Clause. Pace*
Question o f order shall be decided by the Chair, without
debate, subject to an appeal to the Senate. Every----- 20 1
When motion to close debate is agreed to, every, including
relevancy of amendments and appeals, to be decided
without debate...................................................... - ............ - - - - 22 Question of order. The Chair may submit any question of or
der to the decision of the Senate........................................
20 2
Wben an appeal is taken from the decision of the Chair,
any subsequent question of order or appeal shall be de
cided without debate...........................
20 1
An appeal from the decision of the Chair may be laid on
the table, which shall be held to affirm the decision of
the Chair................................................................................ - - - - 20 1
Question of privilege. A motion to amend or correct the
Journal shall be deemed a, and shall be proceeded with
until disposed of............................................................
3 1
Wben in order.................................................................................... 6 l
Certain privileged motions may be submitted....................... 9 Question under debate contains several points, any Senator
may call for a division. If th e .................................................18 But a motion to strike out and insert shall not be divided. 18 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 amendment......................18 Quorum.
24
26
24
24
24
7
8
14
22
22
22
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 swrom ........................................- ..............................................
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 ............................
3
1
6-7
3
2
7
5 2
7-8
5 3
8
Pending the execution of the order requiring the pres
ence of absent Senators, no debate or motion shall be
in order but to adjourn.............................................................. 5 3
8
No request for unanimous consent for final vote on a bill,
etc., shall be submitted until a roll call shows a, present. 12 3 16-17
Of committees composed of more than three Senators to
be fixed b> the members.......................................................... 25 3 30-31
IN D E X T O T H E S T A N D I N G R U L E S O F T H E S E N A T E .
R.
Rule. Clause. Page.
Reading of a paper. When the reading of a paper is called
for, and it be objected to, it shall be decided by the
Senate without debate..............................................................
11 Recess. Pending the consideration of a question, a motion,
which shall be decided without debate, may be made
fora..................................................................................................
22 Recess o f the Senate for more than thirty days. All nomina
tions and motions to reconsider nominations shall fall
upon a .............................................................
Reconsideration. A motion to reconsider may be made by
any Senator voting on the side that prevailed..................... 13 1
A motion to reconsider may be made within the two next
days of actual session, and shall be decided by a majority 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 same . . 1 3 2
Which last motion shall be determined at once and with
out debate..............................................................................
132
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
Reconsideration. A motion to reconsider may be laid on the
table without prejudice to the main question.................... 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
A motion to reconsider a vote on a nomination may be
laid on the table, and shall be final....................................... 38
A motion to reconsider a vote on a nomination returned
to the President must be accompanied by a request for
its return to the Senate...........................................................
38
Motions to reconsider nominations shall fall, upon a recess
of thirty days or on final adjournment............................... 38
Record, to print in communications from legislatures or con
ventions, etc......................................................... - - ..................
Reduced to writing. Before a motion shall be debated, if re
7
quired, it shall be.............................................- ............ .......... .. 21
I
15
25
38543
17
17
17
17
17
17
17
2
24
3
42
3
42
5
42
6 12,13
1
24
Index to Sen,. Rules
Reference to a committee. A motion to refer shall not be open
to amendment unless it be to add instructions.................
A motion to refer to a standing committee shall have prece
dence of a motion to refer to a select committee...........
Every bill and joint resolution shall be read twice before..
Before the final vote on the passage of a bill or resolution
it shall be in order to move its...............................................
Relevant to the subject-matter thereof. No amendment shall be
proposed to any general appropriation bill which shall
26
1
31
26
14
1
3
31
18
15
2
19
not be germane or...................................................................... 16 3.
Reports of committees. The order in which they shall be called
for by the Chair under “ morning buisness” ...................
7 1
If objected to, the consideration of the report of a com
mittee shall lie over one day.................................................. 26 2
All reports of committees shall be printed, unless for the
dispatch of business the printing be dispensed with----- 29 3
Reports of committees of conference shall always be in order,
and when made the question of their consideration
shall be immediately put and decided without debate.. 27 1
Resolutions. The order in which they shall be called for by
the Chair under “ morning business” .................................. 7 1
Not objected to, to be taken up in their order...................... 8 When accompanied by a preamble, the question shall be
21
10
31
33
31
10
13
first put on the resolution, then on the preamble, which
may be withdrawn or laid on the table............................... 23
A resolution may be withdrawn or modified by the mover
before an amendment or ordering of the yeas and nays.. 21
-
26
2
24
A resolution to pay money out of the contingent fund
shall be referred to the Committee on Contingent
28*
Expenses.............................................................................. ..................................
All resolutions shall, if their consideration be objected
5
19
motion..............................................................................................
®
No motion to suspend, modify, or amend any rule,
except on one day’s notice in writing................................. 40 Any rule may be suspended, modified, or amended with
out notice by unanimous consent, except Rule X I I . . 40 But no motion shall be in order to suspend Rule X I I , in
•
.
(40 respect to voting............................................................................ Cg i
14
to, lie over one day..................................................................... 14
Revenue bills, to proceed to the consideration of, a privileged
Rules.
44
44
44
16
75
INDEX TO T H E STANDING RULES OF THE SENATE.
S.
Rule. Clause. .Page.
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 1)....................................................
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 1)...........
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 a contempt.......................
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....................................
Secretary o f the Senate. When to perform duties of the Chair.
To keep record of certificates of election of Senators___
To transmit papers in relation to claims to committee
before whom claim is pending...............................................
To file in office of, State petitions and memorials printed
in Congressional Record...........................................................
35
-
37
36
3
38
38
2
42
36
3
38
36
3
38
36
4
39
36
4
39
36 5
1 2
6 2
31
7
Senate Chamber. Shall not be granted for any other purpose
than for the use of the Senate............................................... 34
Senate Chamber. No smoking permitted in the............................ 34
When confusion arises in the, or galleries, ('hair on his own
motion must enforce order........................................................ 19
Senate Office Building. The Committee on Rules shall make
all rules and regulations respecting the.............................. 34
-
39
5•
8-9
34
6 12-13
1
36
36
6
23
2
36
1
76
INDEX TO T H E STANDING RULES OF T H E SENATE.
Rule. Clauw Page.
Senators.
Not to absent themselves from the service of the
Senate without leave........................................ - ....................... 5
*
Not speak but once, and for five minutes only, on bills
8
and resolutions on the Calendar not objected to............... 8
After a motion is agreed to to close debate on a pending
measure and amendments, no Senator may speak more
22
than one hour........ .................. ................................... ................ 22
Smoking. Shall not be permitted in the Senate Chamber.. . . 34
Special orders. The unfinished business shall take precedence
of the...........................- - - - - - - .................................................. .-* 10
Consideration of the Calendar of bills and resolutions at
the conclusion of morning business until 2 o’clock takes
precedence of............... ........................................................
Any subject may be made a special order by a vote of two-
8
1
7
-
13
1
26
36
1
15
- 13-14
thirds.......................................................................- ....................... 10
Unless there be unfinished business, the Chair shall lay
10
before the Senate the................................................................. 10
Special orders for same hour and day shall have preced
ence according to time at which they were made such. 10
Special orders shall not lose their character as such unless
1
15
1
15
2
15
by a vote of the Senate............................................................. 10
10
Every special order shall, unless there be unfinished busi
ness, be laid before the Senate when the hour assigned
2
15
10
shall arrive............................................... - ...........................
10
All motions to change to be decided without debate.......... 10
1
2
15
15
1
23
Speak more than twice in any one debate on the same day
without leave of the Senate. No Senator shall...............
Speak. The Presiding Officer shall name who is to speak, but
the Senator first rising shall be first recognized................
Standing committees.........................................................................
Standing Rules o f Senate................................................................
States, to print in Record, communications from, etc—
19
19 1
22
19
25 - 27-30
7
6 12,13
Suspension o f the rules. One day’s notice in writing required
to suspend, amend, or modify any rule of the Senate... 40
Rule X I I , in relation to voting, shall never, under any^
44
circumstances, be suspended........................................
(40
[12
_
1
44
16
77
INDEX TO TH E STANDING RULES OF TH E SENATE.
T.
Rule. Clause. Page.
Au amendment to a general appropriation bill may be
laid on the...................................... . . . . .................... .................1 6 3
A motion to reconsider may be laid on the............................ 13 1
And if carried shall be held to be a final disposition of the
motion..................................................* ......................................... 13 1
When aii amendment proposed to any pending measure is
laid on the, it shall not carry with it nor prejudice such
measure............................................................................................ 17 When a question is pending, a motion may be made to
lay on the, which shall be decided without debate........ 22 Preamble of a bill or resolution may be withdrawn or laid
on the, without prejudice to the bill or resolution......... 23
An appeal from the decision of the Chair may be laid on
the..................................................................................................... 20 1
If laid on the table, it shall be held as affirming the deci
sion of the Chair........................................................................... 20 1
Table.
May read bills the first and second times by, only,
unless................................................................................................
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..............................................................
A treaty shall not be considered on the same day that it
is reported, if objected to..........................................................
After being acted upon as in Committee of the Whole it
shall be reported to the Senate...............................................
21
17
17
22
25
26
24
24
Title.
14
2
18
37
1
39
37
1
39
37
1 39, 40
When the question will be, if amended, on concurring in
the amendments made in Committee of the Whole......... 37
1
39
1
39
1
39
1
39
1
39
1
39
Injunction of secrecy may be removed at any stage of
proceedings, or treaty may be considered in open E x
ecutive session.............................................................................. 37
After which the resolution of ratification may be pro
posed on a subsequent day, unless........................................ 37
■When the question shall be on the resolution of ratifica
tion, no amendment shall be in order, except.................. 37
The question of ratification and a motion to postpone in
definitely shall require a vote of two-thirds..........................37
All amendments and other motions may be decided by a
majority, except a motion to postpone indefinitely........ 37
78
INDEX TO TH E STANDING RULES OF TH E SENATE.
Treaties— Continued.
Rule- CUuBe- p««e.
Shall be resumed at the second or any subsequent session
of same Congress, at the stage when last acted upon----- 37 2
40
When proceedings shall terminate with a Congress, they
shall be resumed de novo........................................................... 37 2 39,40
Indian treaties shall, unless transmitted by the President
41
in confidence, be acted upon in legislative session.......... 37 3
79
INDEX TO THE STANDING RULES OF THE SENATE.
Rule. Clause. Page.
Unanimous consent. The reading of the Journal may be sus
pended b y ......................................................................................
Until the morning business is concluded, or until the
3
hour of 1 o’clock, no motion to proceed to any other
subject shall be received, unless b y .....................................
7
After a decision is announced, a Senator may change or
withdraw his vote b y ................................................................. 12
When the Senate shall refuse to reconsider a vote, or reaf
firm its first decision, no motion to reconsider can be
Nominations shall not be confirmed on the day they are
received, or on which reported, unless b y ..........................3838
Order of morning business changed only b y ..................
7
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
6 0 4 5 4 °— S. D oc. 340 , 6 7 - 4 --------6
3
11
1
16
1
17
2
18
3
18
2
19
19
5
1
31
44
16
1
39
1
39
2
1 41-42
1
10
3
16
Standing Orders of the Sen.
7
Rules for Sen. V!/ ing Cap.i
received but b y ............................................................................ 13
Each bill shall receive three readings before passage on
three different days, unless b y ............................................. 14
A bill may be read twice for reference, but not considered
as in Committee of the Whole, nor debated, unless b y . . 14
No amendment shall be proposed to a bill on its third1
reading, unless b y ....................................................................... 15
All resolutions shall lie over one day, unless b y .................. 14
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
>(40
Any rule of the Senate can be suspended without noticef40
by, except as provided in Rule X I I .................................... 1112
12
Treaties shall not be acted upon on the day on which
they are reported, unless b y .................................................... 37
Resolution of ratification shall not be considered on the
same day it is proposed, unless b y ........................................ 37
1
80
INDEX TO T H E STANDING RULES OE TH E SENATE.
Rule. Clause. Page.
Unfinished business shall have preference over the special
orders............................................................................................... 10
Consideration of the Calendar of Bills and Resolutions at
the conclusion of the morning business, until 2 o ’clock,
takes precedence of..................................................................... 8
Unfinished business o f a session. The legislative business of
the Senate shall be continued from session to session of
the same Congress........................................................................ 32
i
15
- 13-14
-
34
v.
Vacancies in committees, when fdled by the Presiding Officer,
shall, unless otherwise ordered, be only to fill up the
number on the committee........................................................ 24 2
Vice-President. In the absence of the Vice-President, the
Senate shall choose a President pro tempore......................
1 1
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 Chair.......... 1 2
Voting. When the yeas and nays are called each Senator
shall, unless excused from voting, answer when his
name is called, without debate................................................ 12
Proceedings when a Senator shall be called on for rea
sons for declining to vote shall be without debate............ 12
27
5
5
1
16
2
16
Further proceedings shall not be had until after the re
sult is announced.......................................................................... 12 2
A Senator shall not be permitted to vote after the result
is announced..............................................................................
12 1
But he may, for special reasons, by unanimous consent,
withdraw or change his vote..................................................... 12 1
16
16
16
81
INDEX TO TH E STANDING RULES OE TIIE SENATE.
Rule. Clause. Page.
Withdrawal of 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 nays.................................
A motion to reconsider shall not* be withdrawn without
leave of the Senate......................................................................
Withdrawal of papers. No papers except original treaties
shall be withdrawn from the files without leave of the
Senate............................
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
21
2
24
23
-
26
21
2
24
30
l
33
30
1
33
shall be withdrawn without leaving copies........................ 30
Claims adversely reported on shall not be again referred
without new evidence................................................................ 31
Without debate.
34
_
34
2
7 -8
3
8
In ascertaining the presence of a quorum,
the proceedings shall b e........................................
5
Sergeant-at-Arms may be directed to request or compel
attendance of absent Senators................................................. 5
The reading of a paper, when objected to, shall be de
cided................................................................................................ II
A motion to request the House of Representatives to re
turn a bill shall be decided at once, and............................ 13
All questions of relevancy of amendments under Rule
X V I shall be decided................................................................. 16
A motion to permit a Senator to proceed in order shall be
decided........................................................................................... 19
A motion for leave to speak more than twice in one de
bate shall be decided.................................................................. 19
All questions of order shall be decidedby the Chair...........20
Subsequent questions of order and appeals shall be
decided......................................................................................
20
2
-
15
2
17
3
21
4
23
1
1
23
24
1
24
82
INDEX TO T H E STANDING RULES OF T H E SENATE.
Without debate— Continued.
Ruie. clause p^e.
Motions to adjourn, for a recess, for executive business,
and to lay on the table shall be decided............................ 22 25
A motion to proceed to consideration of a conference
report shall be decided.............................................................. 27
1
31
Each Senator, when the yeas and nays are called, shall,
when his name is called, answer............................................ 12
1
16
Reasons for excusing a Senator from voting shall be
determined..................................................................................... 12- 2
16
Motion signed by sixteen Senators to bring debate to a close
on a pending measure shall be decided............................... 22 - 25-26
Points of order, questions of relevancy, and appeals relat
ing to above motion to be decided........................................ 22 26
Words exceptionable spoken in debate, if required, shall be
taken down in writing................................................................ 19 5
23
83
INDEX TO THE STANDING RULES OF THE SENATE.
Y.
Rule. Clause. Page.
Yeas and nays. Each Senator shall, when his name is called,
answer openly, and without debate......................................
A Senator shall be required to assign reasons for not
voting, which shall be without debate...................................
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. . . .
A Senator shall not be permitted to vote after the result
16
2
16
12
2
12
2
16
16
is announced.................................................................................. 12
For special reasons, by unanimous consent, he may with
draw or change his v ote............................................................ 12
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
1
16
1
16
2
24
Rules for Sen. Wing Cap,
Standing Order;; of the Sen,
12
impeachment Rules
1
12
Index to Sen.. Rules
RULES FOR IMPEACHMENT TRIALS
85
I
Impeachment Rul
■
RULES OF PROCEDURE AND PRACTICE IN THE SENATE
WHEN SITTING ON IMPEACHMENT TRIALS.1
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 th at 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 th at they
are ready to exhibit articles of impeachment against any
person, the Presiding Officer of the Senate shall direct the
Sergeant-at-Arms to make proclamation, who shall, after
making proclamation, repeat the following words, viz: “ All
persons are commanded to keep silence, on pain of imprison
ment, while the House of Representatives is exhibiting to
the Senate of the United States articles of impeachment
a g a in s t--------------------after which the articles shall be
exhibited, and then the Presiding Officer of the Senate
shall inform the managers th at the Senate will take proper
order on the subject of the impeachment, of which due
notice shall be given to the House of Representatives.
1See also Jefferson’s Manual,
Sec. L III.
Impeachment Rules
III. Upon such articles being presented to the Senate, the
Senate shall, at 1 o’clock afternoon of the day (Sunday
excepted) following such presentation, or sooner if ordered
by the Seriate, 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 Senate) until final judgment shall be ren
dered, 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 admin
ister 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 \ icePresident 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 Presiding 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 considera
tion of said articles and upon the trial of the person im
peached 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
I
— Wfe*.
Sen- ■/!••ing Cap.
Standing Older:; of the Sen..
I
iot
/
hides
regulations and orders in the premises as the Senate may
authorize or provide.
YI. 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 regula
tions 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.
VII.
The Presiding Officer of the Senate shall direct all
necessary preparations in the Senate Chamber, and the
Presiding 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 th a t a
formal vote be taken thereon, in which case it shall be sub
mitted to the Senate for decision; or he may at his option,
in the first instance, submit 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 members present, when the
same shall be taken.
90
RULES FOR IM P E ACH M E N T TRIALS.
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 a t a place to be fixed by the Senate and named in
such writ, and file his answer to said articles of impeach
ment, 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 appear
ance 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 service shall be, in the judgment of the Senate, im
practicable, notice to the accused to appear shall be given
in such other manner, by publication or otherwise, as shall
be deemed just; and if the writ aforesaid shall fail of service
in the manner aforesaid, the proceedings shall not thereby
abate, b u t further service may be made in such manner as
the Senate shall direct. If the accused, after service, 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 pro
ceed, nevertheless, as upon a plea of not guilty. If a plea
of guilty shall be entered, judgm ent 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
RULES FOR IM P E AC H M E N T TRIALS.
91
legislative 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 th a t the return made
by me upon the process issued on th e ------day o f ----------, by
the Senate of the United States, a g a in st------------------- , is
truly made, and th at 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 bo re
corded, stating particularly7 if by himself, or by agent or
attornoy, naming the person appearing and the capacity in
which ho 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 tho Senate shall be suspended, and the Secretary
shall give notice to the House of Representatives that tho
Senate is roady to proceed upon the impeachment o f -----------------, in the Senate Chamber, which chamber is prepared
with accommodations for tho reception of the House of
Representatives.
X II. The hour of the day a t which the Senate shall sit
upon tho 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
92
RULES FOR IM P E ACH M E N T TRIALS.
of the trial shall proceed. The adjournment of the Senate
sitting in said trial shall not operate as an adjournment ot
the Senate; but on such adjournment the Senate shall
resume the consideration of its legislative and executive
business.
X III. The Secretary of the Senate shall record the pro
ceedings in cases of impeachment as in the case of legislative
proceedings, and the same shall be reported in the same
manner as the legislative proceedings of the Senate.
XIV. Counsel for the parties shall be adm itted to appear
and be heard upon an impeachment.
XV. All motions made by the parties or their counsel
shall be addressed to tho Presiding Officer, and if he, or any
Senator, shall require it, they shall b8 committed to writing,
and read at the Secretary’s table.
XVI. 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 IX . 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 deliberating upon its decisions.
X X . All 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.
R ULE S FOR IM P E A C H M E N T T R IA L S .
93
X X I. The case, on each side, shall be opened by one
person. The final argument on the merits m ay bo made by
two persons on each side (unless otherwise ordered by the
Senate upon application for th a t purpose), and the argument
shall be opened and closed on the part of the House of
Representatives.
*
X X II. On the final question whether the impeachment is
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 judgm ent of acquittal
shall be entered; b ut 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 judgm ent 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 VII, except when the doors shall be closed for deliber
ation, and in th a t case no member shall speak more than
once on one question, and for not more than ten minutes on
an interlocutory question, and for not more than fifteen min
utes on the final question, unless by consent of the Senate,
to be had without debate; b ut a motion to adjourn may be
decided without the yeas and nays, unless they be demanded
by ono-fifth of the members present. The fifteen minutes
herein allowed shall be for the whole deliberation on the final
RULES FOR IM P E AC H M E N T TRIALS.
94
Impeachment Rules
question, and not to the final question on each article of
impeachment.
XXIV. Witnesses shall be sworn in the following form,
viz: “ Y o u ,------------------- , do swear (or affirm, as the case
may be) th a t 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.
Form o f a subpoena to be issued on the application o f the man
agers o f the impeachment, or o f the party impeached, or of
his counsel.
T o ---------------------, greeting:
You and each of you are hereby commanded to appear
before the Senate of the United States, on t h 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 Sen
ate, at the city of Washington, t h i s ------day o f ---------- , in
the year of our L o rd -------- and of the Independence of the
United States t h e ---------•
Presiding Officer of the Senate.
<5
RULES EOR IM P E A C H M E N T
T R IA L S .
95
Form o f direction fo r the service o f said subpoena.
I
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 L o rd ---------, and of the Independence of the United
States t h e ---------.
----------------------------->
Secretary of the Senate.
«
Form o f oath to be administered to the members o f the Senate
sitting in the trial of impeachments.
“ I solemnly swear (or affirm, as the case may be) th a t in
all things appertaining to the trial of the impeachment of
------------------- , now pending, I will do impartial justice ac
cording to the Constitution and laws: So help me God.”
Form of summons to be issued and served upon the person im
peached.
*
T
he
U
n it e d
States
of
A
m e r ic a ,
s s
:
The Senate of the United States t o -------------------, greeting:
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 said
------------------- in the words following:
[Here insert the articles.]
And demand th a t you, the s a id ------------? should be put
to answer the accusations as set forth in said articles, and
that such proceedings, examinations, trials, and judgments
might be thereupon had as are agreeable to law and justice;
0 9 4 5 4 °— S. D oc. 349 , 0 7 - 4 ------- 7
96
RULES FOR IM P E AC H M E N T TRIALS.
You, the s a id -------------------, are therefore hereby sum
moned to be and appear before the Senate of the United
States of America, at their Chamber in the city of Washing
ton, on th e ---------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 Consti
tution and laws of the United States.
Hereof you are not to fail.
W itness-------------------, and Presiding Officer of the said
Senate, a t the city of Washington, th is ---------day o f ----------,
in the year of our L o rd ---------, and of the independence of
the United States th e ---------.
Presiding Officer of the Senate.
Form of precept to be indorsed on said writ of summons.
T
he
U
n it e d
States
of
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 service,
let it be done at le a s t------days before the appearance day
mentioned in the said writ of summons.
Fail not, and make return of this w rit of summons and pre
cept, with your proceedings thereon indorsed, on or before
the appearance day mentioned in the said writ of summons.
RULES FOR. IM P E AC H M E N T TRIALS.
97
W itness-------------------, and Presiding Officer of the Senate,
at the city of Washington, this ------day o f ---------- , in the
year of our Lord ---------, and of the independence of the
United States th e ---------.
Presiding Officer of the Senate.
All process shall he 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.
■ Impeachment Rules
RULES FOR THE REGULATION OF
THE SENATE WING, CAPITOL
RULES FOR THE REGULATION OF THE SENATE WING
OF THE UNITED S.TATES CAPITOL.
ADOPTED BY THE COMMITTEE ON RULES.
RULE I.
SERGEANT-AT-ARMS.
The Sergeant-at-Arms of the Senate, under the direction of
the Presiding Officer, shall be the Executive Officer of the
body for the enforcement of all rules made by the Committee
on Rules for the regulation of the Senate Wing of the Capitol
and Senate Annex. The Senate floor shall be at all times
under his immediate supervision, and he shall see th at the
various subordinate officers of his department perform the
duties to which they are especially assigned.
RULE II.
A S S IS T A N T D O O R K E E P E R A N D A C T IN G A S S IS T A N T D O O R K E E P E R .
The First Assistant Doorkeeper and Second Assistant
Doorkeeper shall be assigned, during the daily sessions of the
Senate, to duty upon the Senate floor. They shall see th at
the messengers assigned to the doors upon the Senate floor
are at their posts, and that the floor and cloakrooms are
cleared at least five minutes before the opening of daily
sessions of all persons not entitled to remain there. In the
101
102
EiULES FOR THE REGULATION OF TH E SENATE W IN G .
absence of the Sergeant-at-Arms the duties of his office, so
far as they pertain to the enforcement of rules, shall devolve
upon the Assistant Doorkeepers in the order of their rank.
RULE III.
M ESSEN GERS
A C T IN G
AS
A S S IS T A N T
DO ORKEEPERS.
The messengers acting as Assistant Doorkeepers shall be
assigned to their duties by the Sergeant-at-Arms.
RULE IV.
G A L L E R IE S .
The Sergeant-at-Arms shall keep the aisles of the galleries
clear, and shall not allow admittance into the galleries of
more than their seating capacity.
The galleries of the Senate shall be set apart and occupied
as follows:
ffufes for Sen. Wing; Cap,
PRESS GALLERY.
The gallery in the rear of the Vice-President’s chair shall
be set apart for reporters of daily newspapers.
Persons desiring admission to the Press Gallery shall make
application to the Committee on Rules [as required by Rule
IV for the regulation of the Senate Wing of the United States
Capitol]; and shall also state, in writing, for what paper or
papers they are employed; and shall further state that they
are not engaged in the prosecution of claims pending before
Congress or the Departments, and will not become so en
gaged while allowed admission to the gallery; and th at they
are not in any sense the agents or representatives of persons
or corporations having legislation before Congress, and will
I
RULES FOR TH E REGULATION OF THE SENATE W IN G .
103
not become such agents or representatives while retaining
their right to places in the gallery. Visiting j ournalists who
may be allowed temporary admission to the gallery must
conform to the restrictions of this rule.
The applications required by above rule (blank forms for
which can be obtained from the Doorkeeper of the Press Gal
lery) shall be authenticated in a manner th at shall be satisfac
tory to the Standing Committee of Correspondents, who shall
see th at the occupation of the gallery is confined to bona fide
telegraphic correspondents of reputable standing in their busi
ness, who represent daily newspapers; but not exceeding one
seat shall be assigned to each paper; and it shall be the duty of
the said Standing Committee, at their discretion, to report
violations of the privileges of the gallery to the Senate
Committee on Rules, and pending action thereon the offend
ing correspondent shall be suspended.
Persons employed in the Executive or Legislative Depart
ments of the Government, and persons engaged in other
occupations whose chief attention is not given to newspaper
correspondence, shall not be entitled to admission to the
Press Gallery; and the press list in the Congressional Direc
tory shall be a list only of persons whose chief attention is
given to telegraphic correspondence for daily newspapers.
Correspondents entitled to the privileges of the Press Gallery
may be admitted to the Marble Room under such regulations
as may be prescribed by the Committee on Rides.
Members of the families of correspondents are not entitled
to admission to the Press Gallery.
104
RULES FOR TH E REGULATION OF T H E SENATE W IN G .
The Press Gallery, subject to the supervision and control
of the Committee on Rules, shall be under the direction of
the Standing Committee of Correspondents.
Rules for Sen. Wing Ca.> —
Impeachment Rules
DIPLOMATIC GALLERY.
The southern gallery over the main entrance to the Senate
Chamber shall be set apart for the use of the Diplomatic
Corps, and no person shall be admitted to it excepting the
Secretary of State, foreign ministers, their families and
suites, and Senators.
The cards of admission to said gallery shall be issued by
the Secretary of State, or the Chairman of the Committee
on Rules, to such persons as are entitled to its privileges.
SE N A T E G A L L E R Y .
The gallery over the east entrance to the Senate Chamber,
formerly part of the ladies’ gallery, shall be set apart for the
exclusive use of the families of Senators and guests visiting
their families who shall be designated by some member of the
Senator’s family, and for the families of ex-Presidents of the
United States, as well as families of incumbent Secretary
and Sergeant-at-Arms of the Senate.
No others shall be admitted, either by card or personal
direction, except by the President and Vice-President to their
respective reserved seats.
Employees of the Senate, except those on duty at the
gallery door, shall be excluded.
The front seat in the Senate Gallery, next adjoining the
ladies’ gallery, shall be set apart for the use of the President,
and no person shall be adm itted to said seat except upon his
order.
The seat immediately in the rear of the President’s seat
shall be set apart for the use of the Vice-President, and no
person shall be adm itted thereto except upon his order.
RESERVED GALLERIES.
The reserved galleries shall be governed by the following
rule:
The galleries over the western entrance to the Senate Cham
ber and over the northeastern comer of said Chamber shall be
set apaft for the use of the families of Senators, of members
of the House of Representatives, of Cabinet ministers, and of
judges of the Supreme Court of the United States. Other
persons may be admitted to said galleries upon the card of a
Senator. The period to which such card of admission shall
be limited rests entirely in the discretion of the Senator
issuing it.
LADIES’ GALLERY.
The gallery extending from the Senate Gallery to the Dip
lomatic Gallery shall be set apart for the use of ladies and
ladies accompanied by gentlemen.
PUBLIC G A LLE R IE S.
The galleries on either side of the western reserved gallery
shall be open to the public.
RULE V.
M ARBLE
ROOM .
The anteroom known as the Marble Room is now a part
of the floor of the Senate.
106
RULES FOR TH E REGULATION OF TH E SENATE W IN G .
RULE VI.
CLO AK RO O M S.
No persons shall be admitted to the cloakrooms adjoining
the Spnate Chamber excepting those entitled to the privileges
of the Senate floor under Standing Rule X X X III
RULE VII.
H E A T IN G
AND
V E N T IL A T IN G
D E P A R T M E N T .1
No person shall be admitted to the heating and ventilating
department of the Senate Wing of the Capitol, except upon a
pass from the Sergeant-at-Arms, or unless accompanied by
an officer of the Senate.
RULE VIII.
BARBER
SH OP
AND
BATHROOM S.
The barber shop, and bathrooms connected therewith,
shall be reserved exclusively for the use of Senators. The
bathroom in the heating and ventilating department of the
Senate Wing shall be for the use of employees of the Senate;
and no other persons shall be entitled to its privileges.
RULE IX .
SENATE
RESTAURAN T.
The large private room of the restaurant shall be reserved
exclusively for Senators and their guests.
The small private room shall be reserved exclusively for
the use of Senators and Members of the House of Repre
sentatives, and such use of the private rooms of the restau
ran t shall not he interfered with.
1 See Page 145 Duties Committee on Rules.
Conferences
r u t .e s
for
t h e
r e g u l a t io n
of
t h e
sen ate
w in g
.
107
The viands served in the restaurant shall be of the best
quality, and the prices for the same shall not exceed those
stated in the printed bills of fare,to be previously approved by
the Chairman of the Committee on Rules, and said prices shall
be subject to modification from time to time as the Chairman
of the Committee on Rules may direct.
The restaurant shall be kept open during the session of the
Senate and during such other parts of the year as the Commit
tee on Rules may direct.
The caterer shall give his personal attention and care to the
management of the restaurant. The equipment for the tables
and for the service shall be first class. No spirituous liquors
shall be sold, furnished, or kept in the restaurant. All parts
of the restaurant, with its kitchen and office, shall be kept
scrupulously clean, and all waste and garbage shall be re
moved daily. The rooms and vaults connected with the
restaurant shall be kept entirely for its use and shall not be
withdrawn from such use for any purpose. The management
of the restaurant and all matters connected therewith shall at
all times be subject to such further directions as the Commit
tee on Rules may give.
RULE X.
C O R R ID O R S ,
ETC.
.
The corridors and passageways of the Senate Wing of the
Capitol shall be kept open and free from obstructions; and no
stands, booths, or counters for the exhibition or sale of any
article shall be placed therein.
I
108
RULES FOR THE REGULATION OF THE SENATE WING.
RULE X I.
PEDDLING, BEGGING, ETC.
Peddling, begging, and the solicitation of book or other
subscriptions are strictly forbidden in the Senate Wing of the
Capitol, and no portion of said wing shall be occupied by signs
or other devices for advertising any article whatsoever, ex
cepting time tables in the Post-Office and such signs as may
be necessary to designate the entrances to the Senate restau
rant.
RULE X II.
SM O KIN G .
Smoking is prohibited in the elevators, corridors, and pas
sageways of the Senate Wing of the Capitol.
RULE X III.
CARDS AND COMMUNICATIONS IN THE MORNING HOUR.
No cards, letters, or other communications, except letters
from Senators’ families, and official communications, shall be
sent to a Senator in the Chamber during the daily sessions of
the Senate before 2 o’ clock p. m., unless he shall so direct.
RULE X IV .
CARDS AND COMMUNICATIONS DURING EXECUTIVE SESSIONS.
No cards, letters, or other communications shall be sent to
Senators in the Chamber when the Senate is in executive ses
sion, except cards of Members of the House of Representa
tives, calls from the Supreme Court of the United States,
letters from Senators’ families, official communications and
telegrams, unless Senators shall direct the messenger at the
main door of the Senate Chamber otherwise.
pees
109
RULE X V .
All sweeping, cleaning, and dusting of the Senate Wing of
the Capitol shall he done, as far as practicable, immediately
after the adjournment of each day’s session of the Senate, and
must, in any event, be completed before 8 o’clock a. m.
Jefferson1^ Maul
SWEEPING, CLEANING.
2 Rati
RULES FOR THE REGULATION OF THE SENATE WING.
RULE X V I.
SENATE AN N EX AND OTHER SENATE BUILDINGS.
the buildings used for the storage of Senate documents, and
the Senate stables.
Art of Confederation '°t OrdlnJ Standing Orders of the Sen-
0f Independence —
All provisions of the foregoing rules so far as practicable
are made applicable to the building called the Senate Annex,
STANDING ORDERS NOT EMBRACED
IN THE RULES, AND RESOLUTIONS AND
SUCH PARTS OF LAWS AS AFFECT
THE BUSINESS OF THE SENATE1
111
6 9 4 5 4 °— S. D oc. .149, 6 7 - 4 ------- 8
©
fwi
'M
oaifk- iu fi.uircr/r to bt ; $ &
■■ in -.
; •* i - sjj
t
be
n
t
STANDING ORDERS NOT EMBRACED IN THE RULES,
AND RESOLUTIONS AND SUCH PARTS OF LAWS AS
AFFECT THE BUSINESS OF THE SENATE.
EXPIRATION OF THE LAST SESSION OF A CONGRESS.
On the 3d of March, 1851, the Senate being in session
at 12 o’clock midnight, Mr. Jefferson Davis, of Mississippi,
Mr. Lewis Cass, of Michigan, Mr. James M. Mason, of Vir
ginia, as well as other Senators, expressed the belief that
the term of the Congress had expired and that, inasmuch as,
in their opinion, their terms had ended, the}’ had no further
right to participate in the proceedings. Some of the Sena
tors thus holding refused to vote when roll calls were ordered.
A long and interesting discussion followed on the question
as to the exact time when the session of a Congress termi
nates.
The debate was brought to an end by the considera
tion by unanimous consent of the following resolution of
fered by Mr. David L. Yulee, of Florida, which was adopted:
Resolved, That, in the opinion of the Senate, the present Congress does
not expire by constitutional limitation until meridian of the 4th of March.
[S . Jour., 261, 31-2, Mar. 3, 1851.
LENGTH OF SERVICE AND AGE OF SENATE PAGES.
Resolved, That it shall be the duty of the Sergeant-atArms to classify the pages of the Senate so that at the close
• b'ori.-hbfidoii
113
I f'U
of the present and each succeeding Congress one-half the
number shall be removed; and in no case shall a page be
STANDING ORDERS OF TH E SENATE.
114
appointed younger than 12 years, or remain in office after
the age of 16 years, or for a longer time than two Congresses,
or four years.
[S. Jour., 514, 33-1, July 17, 1854; S. Jour., 26, 41-3, Dec. 6, 1870.
S P E C IA L
D E P U T IE S .
Resolved, That the Sergeant-at-Arms of the Senate is
authorized and empowered from time to time to appoint
such special deputies as he may think necessary to serve
process or perform other duties devolved upon the Sergeantat-Arms by law or the rules or orders of the Senate, or which
may hereafter be devolved upon him, and in such case they
shall be officers of the Senate; and any act done or return
made by the deputies so appointed shall have like effect
and be of the same validity as if performed or made by the
Sergeant-at-Arms in person.
°
[S. Jour., 47, 51-1, Dec. 17, 1889.
R E A D IN G O F W A S H IN G T O N ’ S F A R E W E L L A D D R E SS .
Ordered, That, unless otherwise directed, on the twentysecond day of February in each year, or if that day shall be
on Sunday, then on the day following, immediately after
the reading of the Journal, Washington’s Farewell Address
shall be read to the Senate by a Senator to be designated
for the purpose by the presiding officer; and that thereafter
the Senate will proceed with its ordinary business.
[S. Jour., 103,56-2, Jan. 24.1901.
UNION SOLDIERS.
Resolved, That the Secretary of the Senate and the Sergeantat-Arms of the Senate are hereby directed to retain in the em
ploy of the Senate those persons who served in the Union
STANDING ORDERS OF TH E SENATE.
115
Army during the late Civil War, and whose service in the
Senate is necessary and satisfactory, and who are not other
wise provided for, and to continue such persons in their posi
tions until cause for their removal shall have been reported to
and approved of by the Senate and their removal directed.
[S. Jour., 124, 62-1, July 14,1911.
MARBLE BUSTS OF VICE-PRESIDENTS.
Resolved, That marble busts of those who have been VicePresidents of the United States shall be placed in the Senate
wing of the Capitol from time to time, th at the architect of
the Capitol is authorized, subject to the advice and approval
of the Senate Committee on the Library, to carry into execu
tion the object of this resolution, and the expenses incurred in
doing so shall be paid out of the contingent fund of the Senate.
[S. Jour., 40, 55-2, Jan. 6, 1898.
FLOWERS IN THE SENATE CHAMBER.
Resolved, That until further orders the Sergeant-at-Arms is
instructed not to permit flowers to be brought into the Senate
Chamber.
[S. jour., 261,58-3, Feb. 24,1905.
ADMINISTRATION OF OATHS AND THE EXAMINATION OF W IT
NESSES BEFORE COMMITTEES.
S ec . 101. The President of the Senate, the Speaker of the
House of Representatives, or a chairman of a Committee of
the Whole, or of any committee of either House of Congress,
is empowered to administer oaths to witnesses in any case
under their examination.
S ec . 102. Every person who, having been summoned as a
witness by the authority of either House of Congress to give
116
STANDING ORDERS OF THE SENATE.
testimony or to produce papers upon any matter under
inquiry before either House, or any committee of either
House of Congress, willfully makes default, or who, having
appeared, refuses to answer any questions pertinent to the
question under inquiry, shall be deemed guilty of a misde
meanor, punishable by a fine of not more than one thousand
dollars nor less than one hundred dollars, and imprisonment
in a common jail for not less than one month nor more than
twelve months.
S ec . 103. No witness is privileged to refuse to testify to
any fact, or to produce any paper, respecting which he shall
be examined by either House of Congress, or by any commit
tee of either House, upon the ground that his testimony to
such fact or his production of such paper may tend to disgrace
him or otherwise render him infamous.
S ec . 104. Whenever a witness, summoned as mentioned in
section one hundred and two, fails to testify, and the facts are
reported to either House, the President of the Senate or the
Speaker of the House, as the case may be, shall certify the
fact, under the seal of the Senate or House, to the district
attorney for the District of Columbia, whose duty it shall be
to bring the matter before the grand jury for their action.
(R. S. 101, 102, 103, 104.
*
*
*
*
*
The Presiding Officer, for the time being, of the Senate of
the United States, shall have power to administer all oaths
and affirmations that are or may be required by the Consti
tution, or by law, to be taken by any Senator, officer of the
Senate, witness, or other person, in respect of any matter
within the jurisdiction of the Senate.
S T A N D IN G
ORDERS OF T H E
SEN ATE.
117
S ec . 2 . That the Secretary of the Senate, and the Chief
Clerk thereof, shall, respectively, have power to administer
any oath or affirmation required by law, or by the rules or
orders of the Senate, to be taken by any officer of the Senate,
a n d to a n y w itn e s s p r o d u c e d b e fo r e it.
*
*
*
pg stat.,
*
34.
*
Any Member of either House tff Congress may administer
oaths to witnesses in any matter depending in either House of
Congress of which he is a Member, or any committee thereof.
[23 Stat., 60.
*
*
*
*
*
S ec . 859. No testimony given by a witness before either
House or before any committee of either House of Congress
shall be used as evidence in any criminal proceeding against
him in any court, except in a prosecution for perjury com
mitted in giving such testimony. But an official paper or
record produced by him is not within the said privilege.
[R . S. 859.
P A Y M E N T OF W IT N E S SE S .
Resolved, That the rule for paying witnesses summoned to
appear before the Senate or any of its committees shall be as
follows: For each day a witness shall attend, three dollars,
and three dollars for each day spent in traveling to or from
the place of examination by the usual route.
A witness
shall also be entitled to be reimbursed his necessary ex
penses for traveling to and from the place of examination
in no case to exceed the sum of seven cents a mile for the
distance by him actually traveled for the purpose of appear
ing as a witness.
[S. Jour., 66, 56-1, Jan. 4, 1900.
I
118
STANDING ORDERS OF TH E SENATE.
V IS IT O R S T O T H E
M IL IT A R Y
ACADEM Y.
Provided, That hereafter the Board of Visitors to the Mili
tary Academy shall consist of five members of the Committee
on Military Affairs of the Senate and seven members of the
Committee on Military Affairs of the House of Representatives,
to be appointed by the respective chairmen thereof, who
shall annually visit the Military Academy on such date or
dates as may be fixed by the chairmen of the said committees;
and the Superintendent of the Academy and the members of
the Board of Visitors shall be notified of such date by the
chairmen of the said committees, acting jointly, at least
fifteen days before the meeting.
The expenses of the mem
bers of the Board shall be their actual expenses while engaged
upon their duties as members of said Board, and tlieir actual
expenses for travel by the shortest mail routes: Provided
further, That so much of sections thirteen hundred and
twenty-seven, thirteen hundred and twenty-eight, and
thirteen hundred and twenty-nine, Revised Statutes of the
United States, as is inconsistent with the provisions of this
act, is hereby repealed.
V IS IT O R S
TO
[35 Stats, 1033.
THE
NAVAL
ACADEM Y.
From and after the passage of this act there shall be
appointed every year, in the following manner, a Board of
Visitors, to visit the Academy, the date of the annual visit
of the Board aforesaid to be fixed by the Secretary of the
Navy: Seven persons shall be appointed by the President
and four Senators and five Membeis of the House of Rep
resentatives shall be designated as \isitors by the \ ice
President or President pro tempore of the Senate and the
STANDING ORDERS OF TH E SENATE.
119
Speaker of the House of Representatives, respectively, in
the month of January of each year. The chairman of the
Committee on Naval Affairs of the Senate and chairman of
the Committee on Naval Affairs of the House of Representatives shall be ex officio members of said Board.
Each member of said Board shall receive while engaged
upon duties as a member of the Board not to exceed $5 a
day and actual expenses of travel by the shortest mail routes.
[39 Stat., 608.
D IR E C T O R S
OF
THE
tnobi?mc! odt y«f
C O L U M B IA
AND
IN S T IT U T IO N
FOR
TH E
DEAF
DUMB.
•; ’
r ;
>
;
S ec . 4863. In addition to the directors whose appointment
has heretofore been provided for by law, there shall be three
other directors of the Columbia Institution for the Instruc
tion of the Deaf and Dumb, appointed in the following
manner: One Senator by the President of the Senate and
two Representatives by the Speaker of the House. These
directors shall hold their offices for the term of a single
Congress, and be eligible to a reappointment.
D IR E C T O R S
OF
THE
C O L U M B IA
L Y IN G -I N
H O S P IT A L
FOR
W OM EN
AND
ASYLU M .
In addition to the directors whose appointments are now
provided for by law, there shall be three other directors
appointed in the following maimer: One Senator by the
President of the Senate and two Representatives by the
Speaker of the House; these directors shall hold their
office for the term of a single Congress, and be eligible to a
reappointment.
n - Sfin
Two consulting trustees shall be appointed, namely: One
Senator of the United States, by the Presiding Officer of the
Senate, for the term of four years, and one member of the
House of Representatives, by the Speaker thereof, for the
term of two years.
BOARD
OF
[19 stat., 52.
REGENTS
OF
THE
S M IT H S O N IA N
IN S T IT U T IO N .
S ec . 5581. The regents to be selected shall be appointed
as follows: The members of the Senate b y the President
thereof; the members of the House by the Speaker thereof;
and the six other persons by joint resolution of the Senate
and House of Representatives. The members of the House
so appointed shall serve for the term of two years; and on
everv alternate fourth Wednesday of December a like
number shall be appointed in the same manner, to sei\e
until the fourth Wednesday in December in the second
year succeeding their appointment. The Senators so ap
pointed shall serve during the term for which they shall
hold, without reelection, their office as Senators. Vacancies
occasioned by death, resignation, or otherwise, shall be
filled as vacancies in committees are filled. The regular
term of service for the other six members shall be six years;
and new elections thereof shall be made by joint resolu
tions of Congress.
"V'acancies occasioned by death, resig
nation, or otherwise may be filled in like manner by joint
resolution of Congress.
[R . S., 6581.
I
STANDING ORDERS OF T H E SENATE.
E X P IR A T IO N
OF
S E R V IC E
OF
M EM BERS
TRUSTEES,
OF
121
CONGRESS
AS
ETC.
That in all cases where members of Congress or Senators
are appointed to represent Congress on any board of trustees
or board of directors of any corporation or institution to
which Congress makes any appropriation, the terms of said
members or Senators as such trustee or director shall con
tinue until the expiration of two months after the first meet
ing of the Congress chosen next after their appointment.
[27 Stat., 165.
F R A N K IN G
P R IV IL E G E .
SEEDS.
That seeds transmitted by the Commissioner of Agricul
ture, or by any member of Congress or Delegate, receiving
seeds for distribution from said Department, together with
agricultural reports emanating from that Department, and
so transmitted, shall, under such regulations as the Post
master-General shall prescribe, pass through the mails free
of charge.
And the provisions of this section shall apply to
ex-members of Congress and ex-Delegates for the period of
nine months after the expiration of their terms as members
and Delegates
jlg stat; 343
*
*
*
*
*
The Public Printer shall furnish to the Department of
Agriculture such franks as the Secretary of Agriculture
may require for sending out seeds on congressional
orders, the franks to have printed thereon the facsimile
signatures of Senators, Representatives, and Delegates,
also the names of their respective States or Territories,
STANDING ORDERS OF T H E SENATE.
122
and the words “ United States Department of Agricul
ture, Congressional Seed Distribution,” or such other
printed matter as the Secretary of Agriculture may
direct; the franks to be of such size and style as may be
prescribed by the Secretary of Agriculture; the expense
of printing the said franks to be charged to the allot
ment for printing and binding for the two Houses of
Congress.
(32 Stat., 741.)
*
*
*
*
*
DOCUMENTS.
S ec . 85. The Vice-President, Senators, Representatives,
and Delegates in Congress, the Secretary of the Senate, and
Clerk of the House of Representatives may send and receive
through the mail all public documents printed by order of
Congress; and the name of the Vice-President, Senator,
Representative, Delegate, Secretary of the Senate, and Clerk
of the House shall be written thereon, with the proper des
ignation of the office he holds; and the provisions of this
section shall apply to each of the persons named herein until
the first day of December following the expiration ol their
respective terms of office.
*
*
*
12s stat., 622.
*
*
MAIL MATTER.
S ec . 7. That hereafter the Vice-President, members and
members-elect of and Delegates and Delegates elect to Con
gress, shall have the privilege of sending free through the
mails, and under their frank, any mail matter to any Govern
ment official or to any person, correspondence, not exceeding
four ounces in weight, upon official or departmental business.
[33 Stat., 441.
STANDING ORDERS OF T H E SENATE.
C O M P E N S A T IO N
OF
M EM BERS
OF
123
CONGRESS.
TO BE ASCERTAINED BY LAW.
The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and
paid out of the Treasury of the United States.
[Const., art. 1, sec. 6, clause 1.
*
*
*
*
*
#7,500 PER YEAR.
The compensation of each Senator, Representative, and
Delegate in Congress shall be seven thousand five hundred1
dollars per annum; and in addition thereto, mileage at the
rate of twenty cents per mile, to be estimated by the nearest
route usually traveled in going to and returning from each
regular session: Provided, T hat hereafter mileage accounts
of Senators shall be certified by the President of the Senate,
and those of Representatives and Delegates by the Speaker
of the House of Representatives.
[1 4 stat., 323 .
*
*
*
*
*
MILEAGE SHALL BE CERTIFIED.
That the said compensation which shall be due to the
members of the Senate shall be certified by the President
thereof; and th at which shall be due to the Representatives
and Delegates shall be certified by the Speaker; and the
same shall be passed as public accounts, and paid out of the
Public Treasury.
[3stat., 104.
*
*
*
*
*
MILEAGE FOR TWO SESSIONS ONLY.
Mileage for two sessions only, to be paid in the following
manner, to wit: On the first day of each regular session, each
Senator, Representative, and Delegate shall receive his
1 As amended, 34 Stat., 993.
124
S T A N D IN G
ORDERS O F T H E
SENATE.
mileage for one session; and at the beginning of the second
regular session of the Congress, each Senator, Representa
tive, and Delegate shall receive his mileage for such second
•
.
session.
*
*
*
*
[11 Stat., 48.
1
*
WHEN MILEAGE SHALL BE PAID.
On the first day of the first session of each Congress, or
as soon thereafter as he may be in attendance and apply,
each Senator, Representative, and Delegate shall receive
his mileage as now allowed by law; and on the first day of
the second, or any subsequent session, he shall receive his
mileage as now allowed.
111stat >367-
CERTIFICATION SHALL BE CONCLUSIVE.
All certificates which have been or may be granted b j the
Presiding Officers of the Senate and House of Representa
tives, respectively, of the amount of compensation due to
the members of the several Houses and to such Delegates
are, and ought to be, deemed, held, and taken, and are
hereby declared to b e conclusive upon all the Departments
and officers of the Government of the United States.
[9 Stat., 523.
STATIONERY.
A yearly allowance of one hundred and twenty-five
dollars for stationery1 is now made to Senators.
[15 Stat., 284.
books.
S ec . 42. When any book is ordered to and received by any
member or Delegate, by a resolution of either or both Houses
1 As amended, R. S., 43.
'
1
„
STANDING ORDERS OF T H E SENATE.
125
of Congress, the price paid for the same shall be deducted
from the compensation of such member or Delegate, except
books ordered to be printed by the Congressional Printer
during the Congress for which the member or Delegate was
elected.
[R . s., sec. 42.
*
*
*
*
*
►
POSTAGE.
S ec . 44. No compensation or allowance shall now or here
after be made to Senators, Representatives, or Delegates on
account of postage.
[ r . s ., sec. 44.
*
*
*
*
*
WHEN PAID.
Each Senator, member of the House of Representatives,
and Delegate in Congress, after having taken and sub
scribed the required oath, shall be entitled to receive his
compensation at the end of each month, at the rate now
established by law.
[15 stat., 24.
NO COMPENSATION IN EVENT OF DEATH PRIOR TO COMMENCEMENT OF
SESSION.
In the event of the death of any Senator, Representative,
or Delegate prior to the commencement of the first session
of the Congress, he shall be neither entitled to mileage nor
compensation; and in the event of death after the commence
ment of any session, his representatives shall be entitled to
receive so much of his compensation, computed at the rate
of seven thousand jive hundred1 dollars per a n n u m , as he may
not have received, and any mileage that may have actually
accrued and be due and unpaid.
pi stat., is.
*
*
*
*
*
COMPENSATION TO WIDOW IN EVENT OF DEATH.
I
hat whenever hereafter any person elected a member of
the Senate or House of Representatives shall die after the
commencement of the Congress to which he shall have been
1 As amended, 34 Stat., 993.
so elected, compensation shall be computed and paid to his
widow, or if no widow survive him, to his heirs at law, for
the period that shall have elapsed from the commencement
of such Congress as aforesaid to the time of his death, at the
rate of seven thousand jive hundred 1 dollars per annum:
Provided, however, That compensation shall be computed
and paid in all cases for a period of not less than three
months: And provided further, That in no case shall con
structive mileage be computed or paid.
[ii st»t.f 442.
*
*
*
*
*
SALARIES OF SENATORS NOT QUALIFIED.
That Senators elected, whose term of office begins on the
fourth day of March, and whose credentials in due form of
law shall have been presented in the Senate, but who have
had no opportunity to be qualified, may receive their com
pensation m onthly, from the beginning of their term, until
there shall be a session of the Senate.
*
*
*
*
t22stat->632*
SALARIES OF SENATORS APPOINTED.
That salaries of Senators appointed to fill vacancies in the
Senate shall commence on the day of their appointment and
continue until their successors are elected and qualified; and
salaries of Senators elected to fill vacancies in the Senate shall
commence on the day they qualify: Provided, That where no
appointments have been made to fill such vacancies, the
salaries of Senators elected to fill such vacancies shall com
mence on the day following their election.
[42 stat., 1225.
DISBURSEMENTS MAY BE MADE BY THE TREASURER.
That whenever any appropriation made for the payment
of the salaries of Senators, Members, and Delegates in Con
gress, or the officers and employees of both or either of the
Houses thereof, or for the expenses of the same, or any
1 As amended, 34 Stat., 993.
I
STANDING ORDERS OF TH E SENATE.
127
committees thereof, can not be lawfully disbursed by or
through the officers specially charged with such disburse
ments, such disbursements may be made for the purposes
named in said appropriations by the Treasurer of the United
States, who shall take proper vouchers therefor and charge
such disbursements against sych appropriations; and the
accounts therefor shall be audited and passed or rejected,
as the law may require, in the same manner that similar
accounts are or may be required by law to be audited and
passed or rejected.
[22 stat., ios.
*
*
*
*
*
COMPENSATION OF PRESIDENT PRO TEMPORE.
The President of the Senate pro tempore, when there shall
be no Vice-President or the Vice-President shall become
1 resident of the United States, shall receive the compensa
tion provided by law for the Vice-President.
[11 stat., 48.
CLERKS TO SENATORS ELECT.
Provided, That Senators elected, whose term of office begins
on the fourth day of March, and whose credentials in due
form of law shall have been presented to the Senate, or filed
with the Secretary thereof,1 are authorized to appoint the
same number of clerical assistants, at the same salaries per
annum, to which qualified Senators, not chairmen of com
mittees, are entitled, whose compensation shall be paid out
of the appropriation for clerical assistance to Senators.
[28 Stat., 164.
EMPLOYEES OF CONGRESS NOT TO HIRE ANOTHER TO PERFORM
THEIR DUTIES.
Hereafter no employee of Congress, either in the Senate
or House, shall sublet to, or hire, another to do or perform
a n y of the duties or work attached to the position to which
h o w a s appointed.
[28 stat., 771.
1 As amended Feb. 20, 1923.
6 9 4 5 4 °— S. D oc. 349, 6 7 -4 ------- 9
STANDING ORDERS OF TH E SENATE.
128
DUTIES IMPOSED UPON THE SECRETARY OF THE SENATE.
DISBURSEMENT TO MEMBERS AND OFFICERS.
S ec . 56.
The moneys which may be appropriated for the
compensation of members and officers, and for the contingent
expenses of the Senate, shall he paid at the Treasury, in
requisitions drawn by the Secretary of the Senate and shall be
kept, disbursed, and accounted for by him according to law,
and the Secretary shall be deemed a disbursing officer.
[R . S „ 56.
BOND.
S ec . 57. The Secretary of the Senate shall, within thirty
after days entering upon the duties of his office, and before
making any requisition upon the Treasury to draw any por
tion of the moneys appropriated for the compensation of
members and officers or the contingent expenses of the Senate,
give a bond to the United States, with one or more sureties,
to be approved oy the First Comptroller of the Treasury,
in the penal sum of twenty thousand dollars, with condition
for the faithful application and disbursement of such funds
as may be drawn by him from the Treasury as disbursing
officer of the Senate.
[R. s.,57.
*
*
*
*
*
STATEMENT TO SHOW PERSONNEL OF SENATE.
S ec . 60. The Secretary of the Senate and the Clerk of the
House of Representatives shall prepare and submit to the two
Houses, respectively, at the commencement of each session
of Congress, the following statements in writing:
First. A statement showing the names of all the clerks and
other persons who have been, during the preceding year or
any part thereof, employed in their respective offices, and
those of the messengers of the respective Houses, together
Conferences
ORDEKS O F T H E
SENATE.
129
persons, or such messengers have been usefully employed;
whether the services of any of them can be dispensed with
without detriment to the public service, and whether the
removal of any particular persons, and the appointment of
others in their stead, is required for the better dispatch of
h :ffo rs o f‘i'o
This statement must also show whether such clerks or other
ii.iii
with the time that each clerk or other person and each mes
senger was actually employed, and the sums paid to each.
:
S T A N D IN G
business.
Second. A detailed statement, by items, of the manner in
during the preceding year. This statement must give the
names of every person to whom any portion of the fund has
^
been paid; and if for anything furnished, the quantity and
price; and if for any services rendered, the nature of such
service, and the time employed, and the particular occasion
or cause, in brief, that rendered such service necessary, and
<ii>lc)R .uuieiicc
which the contingent fund for each House has been expended
UcdL oi
EXPENDITURE OF CONTINGENT FUND.
the amount of all former appropriations in each case on hand,
either in the Treasury or in the hands of any disbursing
c
officer or agent.
A'h
[ r . s , 6 o.
SUMS DRAWN.
,
balances, if any, remaining in their hands.
.v.
S ec . 61. Each of the statements required by the preceding
section shall exhibit, also, the several sums drawn by the Sec
retary and Clerk, respectively, from the Treasury, and the
[R. s.,6 i.
RECEIPTS FOR MONEYS.
S ec . 62. The Secretary of the Senate and the Clerk of the
turn of precise and analytical statements and receipts for all
^')l1 -
' /,y/.. .
House of Representatives shall each require of the disburs
ing officers acting under their direction or authority the re
S T A N D IN G
ORDERS OB’ T H E
SENATE.
moneys which may have been from time to time, during the
next preceding year, expended by them; and the results of
such returns and the sums total shall be communicated an
nually to Congress by the Secretary and Clerk, respectively.
[R . S., 62.
EXPENDITURES REPORTED TO CONGRESS.
S ec . 63. All expenditures of the Senate and House of
Representatives shall be made up to the end of each fiscal
year, and shall be reported to Congress at the commencement
of each regular session.
[r. s ., 63.
FISCAL YEAR.
* * * The fiscal year for the adjustment of the ac
counts of Secretary of the Senate for compensation and trav
eling expenses of Senators, * * * shall extend to and
include the third day of July. * * *
[2 6S tat.,w 6 .
*
*
*
*
*
ADVERTISEMENT FOR STATIONERY.
Se c . 65. The Secretary of the Senate and the Clerk of the
House of Representatives shall annually advertise, once a
week, for at least four weeks, in one or more of the principal
papers published in the District of Columbia, for sealed pro
posals for supplying the Senate and House of Representa
tives, respectively, during the next session of Congress with
the necessary stationery.
[R. s.,65.
ADVERTISEMENT PUBLISHED.
S ec . 66. The advertisement published under the preceding
section must describe the kind of stationery required, and
must require the proposals to be accompanied with sufficient
security for their performance.
[R. S->ee.
131
STANDING ORDERS OF TH E SENATE.
PROPOSALS TO BE SEALED.
S ec . 67. All such proposals shall he kept sealed until the day
specified in such advertisement for opening the same, when the
same shall he opened in the presence of at least two persons,
and the contract shall he given to the lowest bidder, pro
vided he shall give satisfactory security to perform the same,
under forfeiture not exceeding double the contract price in
case of failure; and in case the lowest bidder shall fail to
enter into such contract and give such security within a time
to he fixed in such advertisement, then the contract shall he
given to the next low est' bidder, who shall enter into such
contract.
[R. s.f67.
PURCHASE FOR SEPARATE PARTS OP SUPPLIES.
either the Secretary or the Clerk from contracting for separate
parts of the supplies of stationery required to be furnished.
[R. S ., 6 8 .
cndeiico ar
S ec . 68. The three preceding sections shall not prevent
PURCHASE ONLY ARTICLES MANUFACTURED IN UNITED STATES.
/
A
STATEMENT SHOWING EXPENDITURES IN DETAIL.
S ec . 70. The Secretary of the Senate and the Clerk of the
House of Representatives, respectively, shall report to Con
gress on the first day of each regular session, and at the
C o n s titu tio n
O rd in a n c e o f 1787
growth and manufacture upon as good terms as to quality
and price as are demanded for like articles of foreign growth
ami manufacture.
IR. s. 6a
. af/orj
States, provided the articles required can be procured of such
'
S ec . 69. The Secretary of the Senate and the Clerk of the
House of Representatives shall, in disbursing the. public
moneys for the use of the two Houses, respectively, purchase
only articles the growth and manufacture of the United
S T A N D IN G
ORDERS OF T H E
SEN ATE.
expiration of their terms of service, a full and complete state
ment of all their receipts and expenditures as such officers,
showing in detail the items of expense, classifying them under
the proper appropriations, and also showing the aggregate
thereof, and exhibiting in a clear and concise manner the
exact condition of all public moneys by them received,
paid out, and remaining in their possession as such officers.
[R . S., 70.
T R A N S C R IB IN G TH E JO U R N A L .
S ec . 71. The Secretary of the Senate and the Clerk of the
House of Representatives, respectively, are entitled, for trans
cribing and certifying extracts from the Journal of the Senate,
or the Executive Journal of the Senate when the injunction
of secrecy has been removed, or from the Journal of the
House of Representatives, except when such transcripts
are required by an officer of the United States in a matter
relating to the duties of his office, to receive from the per
sons for whom such transcripts are prepared the sum of
ten cents for each sheet containing one hundred words.
[R . S., 71.
P R O P E R T Y L IST S.
S ec . 72. The Secretary of the Senate, the Clerk of the
House of Representatives, the Sergeant-at-Arms, the Post
masters of the Senate and House of Representatives, and
the Doorkeeper of the House of Representatives shall, sev
erally, make out and return to Congress, on the first day of
each regular session, and at the expiration of their respective
terms of service, a full and complete account of all property
belonging to the United States in their possession, respec
tively, at the time of returning such account
lR 8 >^
I
STANDING ORDERS OF TH E SENATE.
133
R E JE C TE D N O M IN A T IO N S .
The Secretary of the Senate shall at the close of each
session thereof deliver to the Secretary of the Treasury, and
to each of the Assistant Secretaries of the Treasury, and to
to each of the Auditors, and to each of the Comptrollers in
the Treasury, and to the Treasurer, and to the Register of
the Treasury, a full and complete list, duly certified, of all
persons who have been nominated to and rejected by the
Senate during such session, and a like list of all the offices to
which nominations have been made and not confirmed and
filled at such session.
[R s 1775
*
*
*
*
*
D O C U M E N TS TO T H E M IL IT A R Y A C A D E M Y .
S ec . 1332. The Secretary of the Senate shall furnish an
nually to the library of the Academy [West Point! one copy
of each document published during the preceding year by
the Senate.
j r . s ., 1332.
*
*
*
*
*
D O C U M EN TS TO S O L D IE R S ’ H O M E S .
“ S ec . 4837. 1That the Secretary of the Senate and the Clerk
of the House of Representatives shall cause to be sent to the
National Home for Disabled Volunteer Soldiers at Dayton,
Ohio, and to the Branches at Togus in Maine, Milwaukee in
Wisconsin, Hampton in Virginia, Marion in Indiana, Leav
enworth in Kansas, Santa Monica in California, and to the
homes for the widows and orphans of soldiers and sailors
established and maintained by any State or Territory, and
all soldiers’ and sailors’ homes established by the authority
of any State or Territory receiving aid from the United
States under legislation of Congress, each, one copy each of
‘As amended, 28 Stat., 159.
S T A N D IN G
ORDERS O F T H E
SEN ATE.
the following documents: The session laws of Congress; the
annual messages of the President, with accompanying
documents in the abridgement thereof; the daily Congres
sional Record; and the Public Printer is hereby authorized
and directed to furnish to the Secretary of the Senate and
the Clerk of the House of Representatives the documents
referred to in this section.”
[ 28 Stat., 159.
A D V A N C E M O N E Y S TO S E R G E A N T A T A R M S .
The Secretary of the Senate be, and he is hereby, author
ized, in his discretion, to advance to the Sergeant-at-Arms
of the Senate such sum as may be necessary, not exceeding
one thousand dollars, to meet any extraordinary expenses
arising during the recess of the Senate.
[2 2 s t a t ., 333.
CO M M ITTE E E X P E N S E S .
That when any duty is imposed upon a committee of the
Senate involving expenses which are ordered to be paid out
of the contingent fund of the Senate, upon vouchers to be
approved by the chairman of the committee charged with
such duty, the receipt of the chairman of such committee
for any sum paid to him or his order out of said contingent
fund by the Secretary of the Senate shall be taken and passed
by the accounting officers of the Treasury as a full and suffi
cient voucher; but it shall be the duty of such chairman, as
soon as practicable, to furnish vouchers in detail for the
disbursement of such moneys to the Secretary of the Senate,
who shall file them with the accounting officers aforesaid;
and this provision shall apply to all cases in which orders ot
the Senate have already been made.
[2ostat.,u9.
1
S T A N D IN G
ORDERS O F T H E
135
SEN ATE.
E X A M IN A T IO N OF A C CO U N T S.
Fifth. The Auditor for the State and other Departments
shall receive and examine * * * all accounts relating to
the * * * Senate. * * * He shall certify the bal
ances arising thereon to the division of bookkeeping and
warrants, and send forthwith a copy of each certificate,
according to the character of the account, to the Secretary
of the Senate. * * *
[28 Stat., 207.
*
*
*
CO M M ITTE E R E P O R T S .
Resolved further, That the Clerk of the House and Secre
tary of the Senate be, and they are hereby, directed to
piocure and file, for the use of their respective Houses,
copies of all reports made by each committee of all succeed
ing Congresses; and that the Clerk of the House and the
Secretary of the Senate be, and they are hereby, authorized
and directed, at the close of each session of Congress, to cause
said reports to be indexed and bound, one copy to be depos
ited in the library of each House and one copy in the room
of the committee from which the reports emanated.
(24 Stat., 346
S E A L OF TH E S E N A T E .
Resolved, 1hat the Secretary shall have the custody of the
seal, and shall use the same for the authentication of process
transcripts, copies, and certificates whenever directed by the
Senate; and may use the same to authenticate copies of such
papers and documents in his office as he may lawfully give
copies of
[S. Jour., 194, 49-1.
*
*
tran sfers
of
n ew spapers
.
Resolved, That the Secretary of the Senate be, and he is
hereby, authorized to transfer to the custody of the Libra-
S T A N D IN G
ORDERS O F T H E
SEN ATE.
rian of Congress such volumes and parts of volumes of
newspapers in the files of the Senate as are not needed for
current use in his office; and the Librarian of the Senate
shall also transfer to the Library of Congress the collection
of maps now in that library, the same to be catalogued and
to form part of the collections of the Library of Congress.
[S. Jour., 1165, 49-1.
CLAIM S A R IS IN G FROM I N M A N D E P R E D A T IO N S .
^ ec. 11. That all papers, reports, evidence, records, and
proceedings now on file or of record in any of the Depart
ments, or the office of the Secretary of the Senate, or the office
of the Clerk of the House of Representatives, or certified
copies of the same, relating to any claims authorized to be
prosecuted under this act, shall be furnished to the court
upon its order, or at the request of the Attorney-General.
[26 Stat., 854.
DUTIES OF THE SECRETARY, SERGEANT-AT-ARMS, AND POST
MASTER OF THE SENATE
P R O P E R T Y LIST S.
The Secretary of the Senate, the Clerk of the House of Rep
resentatives, the Sergeant-at-Arms, the Postmasters of the
Senate and House of Representatives, and the Doorkeeper of
the House of Representatives, shall, severally, make out and
return to Congress, on the first day of each regular session,
and at the expiration of their respective terms of service, a
full and complete account of all property belonging to the
United States in their possession, respectively, at the time of
returning such account.
[r. s . 72.
1
STANDING ORDERS OF TH E SENATE.
137
DOORKEEPERS.
The Doorkeepers of the Senate and House of Representa
tives shall perforin the usual services pertaining to their
respective offices during the session of Congress, and shall in
the recess, under the direction of* the Secretarv
of the Senate
*
and Clerk of the House of Representatives, take care of the
apartments occupied by the respective Houses, and provide
fuel and other accommodations for their subsequent session.
[R. S., 73.
*
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DEFACEMENT OF THE CAPITOL.
The Sergeant-at-Arms of the Senate and of the House of
Representatives are authorized to make such regulations as
they may deem necessary for preserving the peace and secur
ing the Capitol from defacement, and for the protection of the
public property therein, and they shall have power to arrest
and detain any person violating such regulations until such
person can be brought before the proper authorities for trial.
[R. S., 1820.
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INTERMENT IN CONGRESSIONAL CEMETERY.
Hereafter, whenever any deceased Senator or member of
the House of Representatives shall be actually interred in the
Congressional Cemetery, so called, i tshall be the duty of the Ser
geant-at-Arms of the Senate in the case of a Senator, and of
the Sergeant-at-Arms of the House of Representatives in the
case of a member of the House, to have a monument erected,
of granite, with suitable inscriptions, and the cost of the same
shall be a charge upon and paid out either from the contin
gent funds of the Senate or of the House of Representatives,
to whichever the deceased may have belonged, and any
STANDING ORDERS OF THE SENATE.
existing omissions of monuments or inscriptions, as afore
said, are hereby directed and authorized to be supplied in
like manner; and all laws upon the subject of monuments
in the Congressional Cemetery are hereby repealed.
[19 Stat., 54.
SALE OF WASTE PAPER.
I t shall be the duty of the Clerk and Doorkeeper of the
House of Representatives and the Secretary and Sergeantat-Arms of the Senate to cause to be sold all waste paper
and useless documents and condemned furniture th at have
accumulated during the fiscal year eighteen hundred and
eighty-two, or th at may hereafter accumulate in their
respective departments or offices, under the direction of the
Committee on Accounts of their respective Houses, and
cover the proceeds thereof into the Treasury; and they shall,
at the beginning of each regular session of Congress, report
to their respective Houses the amount of said sales.
[22 sta t., 337.
*
PURCHASE OF COAL AND WOOD.
And hereafter all purchases of coal and wood for the Senate
and House of Representatives of the United States shall be
made by advertising once a week, for at least four weeks,
in three of the principal papers published in the District of
Columbia, for sealed proposals for supplying the same; and
the contract shall be given to the lowest bidder, provided he
shall give satisfactory security to perform the same, under a
forfeiture not exceeding double the contract price in case of
failure. When immediate delivery is required by the public
exigency, such supplies may be procured by purchase in open
1
STANDING ORDERS OF TH E SENATE.
139
market, at the places and in the manner in which such sup
plies are usually bought and sold. Purchases of stationery
and materials for folding shall be made in accordance with
sections sixty-five, sixty-six, sixty-seven, sixty-eight, and
sixty-nine, of the Revised Statutes of the United S tates: P ro
vided fu rth er, That all contracts and bonds for purchases made
under the authority of this act shall be filed with the Com
mittee to Audit and Control the Contingent Expenses of the
Senate, or the Committee on Accounts of the House of Repre
sentatives, respectively.
[24 stat., 596.
DUTIES OF THE JOINT COMMITTEE ON THE LIBRARY.1
EXPENDITURE OP MONETS FOR LIBRARY.
There shall be a Joint Committee on the Library, to consist
of five2 members on the p art of the Senate and five2 on the
part of the House of Representatives, to superintend and
direct the expenditure of all moneys appropriated for the
Library, and to perform such other duties as are or may be
directed by law.
[Former Joint Rule, 20.
DUTIES DURING RECESS.
That the portion of the Joint Committee of Congress upon
the Library on the part of the Senate remaining in office as
Senators shall, during the recess of Congress, exercise the
powers and discharge the duties conferred by law upon the
Joint Committee of Congress upon the Library.
[22 stat., 592.
UNEXPENDED BALANCES.
The unexpended balance of any sums appropriated by
Congress for the increase of the general library, together with
1Created by a joint rule December 11, 1843, and continued therefrom
until Senate resolution of August 14, 1876, declared that there were no
joint rules in force.
2 As amended, 32 Stat., 735.
S T A N D IN G
ORDERS O F T H E
SENATE.
such sums as may hereafter be appropriated to the same pur
pose, shall be paid out under the direction of a Joint Com
mittee of Congress upon the Library, to consist of three mem
bers of the Senate and three members of the House of Repre
sentatives.
*
•
*
*
[R. s .)82.
*
*
R E G U L A T IO N S .
The Joint Committee upon the Library is authorized to
establish regulations, not inconsistent with law, in relation
to the Library of Congress or either department thereof; and
from time to time to alter, amend, or repeal the same; but
such regulations as to the law library shall be subject to those
imposed by the Justices of the Supreme Court under sec.
,
95, IL S.
[R. S.,85.
E X C H A N G E OF D O C U M EN TS.
The Joint Committe upon the Library may, at any time,
exchange or otherwise dispose of duplicate, injured, or wasted
books of the Library, or documents or other matter in the
Library not deemed proper to it, as they deem best.
[R . S.f 86.
The Joint Committee upon the Library may, from time to
time, appoint such agents as they deem requisite, to carry
into effect the donation and exchange of documents and
other publications placed at their disposal for the purpose.
(R . S., 87.
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E M P L O Y E E S OF BO T A N IC A L G A R D E N .
There shall be a superintendent, assistant, and two addi
i O
CJ 1
-C 1
V- 1
S 1
t
tional laborers in the Botanical Garden and greenhouses,
who shall be under the direction of the Joint Committee
on the Library.
[R . S., 18-27.
*
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s
© 1
■c I i f
6 I
hp I
k
i
K
^ 1
*
1
STANDING ORDERS OF TH E SENATE.
Ml
AC CEPTAN CE OF W O R K O F A R T .
The Joint Comrriittee on the Library, whenever, in their
judgment, it is expedient, are authorized to accept any work
of the fine arts on behalf of Congress which may be offered,
and to assign the same such place in the Capitol as they
may deem suitable, and shall* have the supervision of all
works of art th a t may be placed in the Capitol.
[R . S., 1831.
*
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*
PRIVATE STUDIOS.
No work of art not the property of the United States shall
be exhibited in the Capitol, nor shall any room in the Capitol
be used for private studios or works of art, without permis
sion from the Joint Committee on the Library, given in
writing; and it shall be the duty of the Architect of the
Capitol1 to carry these provisions into effect.
[18 Stat., 376.
P R IV IL E G E OF U S IN G B O O K S .
The Joint Committee on the Library is authorized to grant
the privilege of using and drawing books from the Library in
the same manner and subject to the same regulations as
members of Congress, to any of the following persons:
First. Heads of Departments.
Second. The Chief Justice and Associate Justices, the
reporter, and clerk of the Supreme Court.
Third. Members of the diplomatic corps.
Fourth. The jutfges and the clerk of the Court of Claims.
Fifth. The Solicitor-General and Assistant AttorneyGeneral.
Sixth. The Secretary of the Senate.
Seventh. The Clerk of the House of Representatives.
1As amended, 32 Stat., 20; 41 Stat., 1253.
'I
STANDING ORDERS OF TH E SENATE.
142
Eighth. The Chaplains of the two Houses of Congress.
Ninth. The Solicitor of the Treasury.
Tenth. The financial agent of the Joint Committee on the
Library.
Eleventh. The Smithsonian Institution, through its Sec
retary.
Twelfth. Any person, when in the District of Columbia,
who has been President.
[ r . s .,
*
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*
And also the Regents of the Smithsonian Institution resi
dent in Washington.
[18 Stat., 512.
DUTIES
OF THE
COMMITTEE
TO AUDIT
AND
CONTROL
THE
CONTINGENT EXPENSES OF THE SENATE.
F U R N IT U R E A N D C A R P E TS .
xlll improvements, alterations, additions, and repairs of the
Capitol building shall hereafter be made by the direction and
under the supervision of the Architect of the Capitol,1 and
the same shall be paid for by the Secretary of the Interior
out of the appropriations for such extension and from no
other appropriation; and no furniture or carpets for either
House shall hereafter be purchased without the written
order of the chairman of the Committee to Audit and Con
trol the Contingent Expenses of the Senate, for the Senate,
or without the written order of the chairman of the Com
mittee on Accounts of the House of Representatives for the
House.
[r. s., i8i6.
*
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*
C O N T IN G E N T F U N D .
Hereafter no payment shall be made from the contingent
fund of the Senate unless sanctioned by the Committee to
1As amended 32 Stat., 20; 41 Stat., 1253.
o©
p
S T A N D IN G
ORDERS O F T H E
SENATE.
143
Audit and Control the Contingent Expenses of the Senate,
or from the contingent fund of the House of Representatives
unless sanctioned by the Committee on Accounts of the
House of Representatives. And hereafter payments made
upon vouchers approved by the aforesaid respective com
mittees shall be deemed, held, and taken, and are hereby
declared to be conclusive upon all the departments and
officers of the Government: Provided , T hat no payment shall
be made from said contingent funds as additional salary or
compensation to any officer or employee of the Senate or
House of Representatives.
[25 stat., 546
APPROPRIATIONS FOR CONTINGENT EXPENSES.
Hereafter appropriations made for contingent expenses of
the House of Representatives or the Senate shall not be used
for the payment of personal services except upon the express
and specific authorization of the House or Senate in whose
behalf such services are rendered. Nor shall such appro
priations be used for any expenses not intimately and di
rectly connected with the routine legislative business of
either House of Congress, and the accounting officers of the
Treasury shall apply the provisions of this paragraph in the
settlement of the accounts of expenditures from said appro
priations incurred for services or materials subsequent to the
approval of this Act.
[32 stat., 26
DUTIES OF THE COMMITTEE ON RULES.
E N G IN E E R S .
And all engineers and others who are engaged in heating
and ventilating the Senate wing of the Capitol shall be
6 9 4 5 4 °— S. D oc. 349, (57—4------- 10
fie
<%
subject to the orders and in all respects under the direction
of the Architect of the Capitol,1 subject to the approval of
the Senate Committee on Rules.
*
*
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*
*
[25 Stat., 258.
S E N A T E OFFICE B U IL D IN G .
Resolved, That on and after the fourth of March, nineteen
hundred and nine, the jurisdiction and functions of the Com
mittee on Rules, United States Senate, hitherto exercised in
connection with the Senate Wing of the Capitol, be, and the
same are hereby, extended to cover in like manner jurisdic
tion over the Senate Office Building; and on and after the
fourth day of March, nineteen hundred and nine, said com
mittee is hereby authorized and directed to proceed with the
arrangement of rooms in the Senate Office Building, for the
use of Senators.
D U T IE S
OF
Is-Jour’ 188>60"2, Feb- 17j 1909THE
J O IN T
C O M M IT T E E
ON
P R IN T IN G .
The Joint Committee on Public Printing shall have power
to adopt such measures as may be deemed necessary to
remedy any neglect or delay in the execution of the public
printing and binding.
w
sta t.,
1012.
E X T R A C T S F R O M T H E P R IN T IN G A N D B IN D IN G A C T O F J A N U A R Y
12, 1895, A N D A M E N D M E N T S T H E R E T O .
[28 Stat., 601.]
That there shall be a Joint Committee on Printing, con
sisting of three members of the Senate and three members
1 As amended 32 Stat., 20; 41 Stat., 1253.
STANDING ORDERS OF T H E SENATE.
145
of the House of Representatives, who shall have the powers
hereinafter stated :
*
*
*
*
*
At any time when there is no joint committee of the
two Houses of Congress the powers and duties under
the law devolving upon the Joint Committee on Printing
shall be exercised and performed by the committee then
in existence in either House.
[28 stat., m .
*
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*
*
*
That the Joint Committee on Printing is hereby
authorized and directed to establish rules and regula
tions, from time to time, which shall be observed by the
Public Printer, whereby public documents and reports
printed for Congress, or either House thereof, may be
printed in two or more editions, intead of one, to meet
the public requirements: Provided , That in no case shall
the aggregate of said editions exceed the number of
copies now authorized or which may hereafter be
authorized: A n d 'provided fu rth er , That the number of
copies of any public document or report now author
ized to be printed or which may hereafter be authorized
to be printed for any of the Executive Departments, or
bureaus or branches thereof, or independent offices of
the Government may be supplied in two or more editions,
instead of one, upon a requisition on the Public Printer
by the official head of such Department or independent
office, but in no case shall the aggregate of said editions
exceed the number of copies now authorized, or which
may hereafter be authorized: Provided fu rth er , That
nothing herein shall operate to obstruct the printing of
the full number of any document or report, or the allot
ment of the full quota to Senators and Representa-
S T A N D IN G
ORDERS O F T H E
SEN ATE.
tives, as now authorized, or which may hereafter be
authorized, when a legitimate demand for the full com
plement is known to exist.
[34 stat., 826.
*
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*
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*
S ec . 2. P a r . 1 . T hat the Joint Committee on
Printing shall have power to adopt such measures as
may be deemed necessary to remedy any neglect or
delay in the execution of the public printing and binding.
P a r . 2. The Secretary of the Senate and the Clerk of
the House of Representatives may order the reprinting
in a number not exceeding one thousand copies of any
pending bill or resolution, or any public law not exceed
ing fifty pages, or any report from any committee or
Congressional commission on pending legislation not
accompanied by testimony or exhibits or any other
appendices and not exceeding fifty pages, when the
supply shall have been exhausted. The Public Printer
shall require each requisition for reprinting to cite the
specific authority of law for its execution.
P a r . 3. No committee of Congress shall be empowered
to procure the printing of more than one thousand
copies of any hearing or other document, which shall
be germane thereto, for its use except by simple, con
current, or joint resolution, as hereinafter provided.
P a r . 4. Orders for printing extra copies, otherwise
than herein provided for, shall be by simple, concurrent,
or joint resolution.
Either House may print extra
copies to the amount of five hundred dollars by simple
resolution, if the cost exceeds that sum, the printing
shall be ordered by concurrent resolution, except when
the resolution is self-appropriating, when it shall be by
joint resolution. Such resolutions, when presented to
I
Conferences
S T A N D IN G
ORDERS O F T H E
SEN ATE.
147
” of A / V A r r :V;
...
jinanev of V/W
I
Dect of Independence ^
Jefferson*^ l/'anl
either House, shall be referred immediately to the Com
mittee on Printing, who, in making their report, shall
give the probable cost of the proposed printing upon
the estimate of the Public Printer; and no extra copies
shall be printed before such committee has reported:
Provided, That the printing of additional copies may be
performed upon orders of the Joint Committee on P rin t
ing within a limit of two hundred dollars in cost in any
one instance: A n d provided fu rth er, T hat nothing in this
paragraph shall be held to contravene the provisions of
Public Resolution Numbered Eleven, approved March
twenty-eighth, nineteen hundred and four.
P a r . 5 . The term “ extra copies” as used herein shall
be construed to mean copies in addition to the usual
number as defined in the Act providing for the public
printing and binding and the distribution of public
documents, approved January twelfth, eighteen hundred
and ninety-five, and amendments thereto.
P a r . 6 . Either House may order the printing of
a document not already provided for by existing
law, b ut only when the same shall be accompanied
by an estimate from the Public Printer as to the
probable cost thereof. Any executive department,
bureau, board, or independent office of the Government
submitting reports or documents in response to inquiries
from Congress shall submit therewith an estimate of the
probable cost of printing to the usual number. Noth
ing in this paragraph relating to estimates shall apply
to reports or documents not exceeding fifty pages.
P a r . 7 . The cost of the printing of any docum entor
report hereafter printed by order of Congress which can
not under the provisions of Public Resolution Numbered
S T A N D IN G
ORDERS O F T H E
SENATE.
Thirteen, Fifty-ninth Congress, first session, approved
March thirtieth, nineteen hundred and six, be properly
charged to any other appropriation or allotment of
appropriation already made, it shall, upon order of the
Joint Committee on Printing, be charged to the allot
ment of appropriation for printing and binding for
Congress.
P a r . 8. Stationery, blank books, tables, forms, and
other necessary papers, preparatory to Congressional
legislation, required for the official use of the Senate
and the House of Representatives, or the committees
and officers thereof, shall be furnished by the Public
Printer upon requisition of the Secretary of the Senate
and the Clerk of the House of Representatives, respec
tively. This shall not operate to prevent the purchase
by the officers of the Senate and House of Representa
tives of such stationery and blank books as may be
necessary for sale to Senators and Members in the
stationery rooms of the two Houses as now provided
by law.
*
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*
Resolved, That the Public Printer be requested to discontinue the
embossing of letterheads, noteheads, and envelopes for Congress, its
officers, committees, and Members: Provided, That such embossing
may be done if the cost thereof, in excess of the amount that printing
the same would cost' the Government, is charged to the person so
ordering. (Resolution adopted by the Joint Committee on Printing,
Aug. 14,1913.)
*
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9. Each Senator and Representative shall be
entitled to the binding in half morocco, or material not
more expensive, of but one copy of each public docu
Pa r .
ment to which he may be entitled, an account of which,
with each Senator and Representative, shall bo kept
1
STANDING ORDERS OF TH E SENATE.
149
by the Secretary of the Senate and Clerk of the House,
respectively.
I34stat-»1012*
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That the Public Printer be authorized to bind at
the Government Printing Office any books, maps,
charts, or documents published by authority of Con
gress, upon application' of any member of the Senate
or House of Representatives, upon payment of the
actual cost of such binding.
I20stat->s.
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The Secretary of the Senate is authorized to make
requisition upon the Public Printer for the binding for the
Senate library of such books as he may deem necessary
at a cost not to exceed $ 2 0 0 per year.
12 Supp., 433, par. 15
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S ec . 3. The Joint Committee on Printing shall fix upon
standards of paper for the different descriptions of pub
lic printing and binding, and the Public Printer shall,
under their direction, advertise in two newspapers pub
lished in each of the cities of Boston, New York, Phila
delphia,
Baltimore,
Washington,
Cincinnati,
Saint
Louis, Louisville, Omaha, Denver, San Francisco, and
Chicago, for sealed proposals to furnish the Government
with paper, as specified in the schedule to be furnished
to applicants by the Public Printer, setting forth in
detail the quality and quantities required for the public
printing. And the Public Printer shall furnish samples
of the standard of papers fixed upon to applicants there
for who shall desire to bid.
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S ec . 11. The Joint Committee on Printing, or during the
recess of Congress the Secretary of the Interior, may author
ize the Public Printer to make purchase of paper in open
S T A N D IN G
ORDERS O F T H E
SEN ATE.
Rules
small or the want so immediate as not to justify advertise
lndev: lo Sen*
market whenever they may deem the quantity required so
S ec . 12. The Joint Committee is authorized to give per
ment for proposals.
Rules
That the purchases authorized by this act shall not in any
term of six months exceed the sum of $50 for any particluar
Impeachment
mission to the Public Printer to purchase material other than
paper in open market, whenever in their opinion it would
not promote the public interest to advertise for proposals
and to make contracts for the same: Provided, however,
article required.
S ec . 13. The Joint Committee shall have control of the
arrangement and style of the Congressional Record, and
while providing that it shall be substantially a verbatim
report of proceedings shall take all needed action for the
reduction of unnecessary hulk, and shall provide for the
publication of an index of the Congressional Record semi
monthly during the sessions of Congress and at the close
thereof.
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Sixth. No maps, diagrams, or illustrations shall be in
serted in the Record without the approval of the Joint
Committee on Printing. All requests for such approval
should be submitted to the Joint Committee on Printing
through the chairman of the Committee on Printing on the
part of the Senate or of the House, in whichever the speech
desired to be illustrated may be delivered, and no maps,
diagrams, or illustrations shall be inserted that exceed
in size a page of the Record.
I
S T A N D IN G
ORDERS O F T H E
SENATE.
151
Seventh (amended Aug. 4, 1911). The Public Printer will arrange
the contents of the Record as follows: First, the Senate proceedings;
second, the House proceedings; third, the speeches withheld for
revision. (Rule adopted by the Joint Committee on Printing, May 5,
1888.)
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14. The Joint Committee shall designate to the Pub
lic Printer a competent person to prepare the semimonthly
and session index to the Congressional Record, and shall fix
and regulate the compensation to be paid by the Public
Printer for the said work and direct the form and manner of
its publication and distribution.
Se c .
*
Sec.
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*
16. The Public Printer shall prepare a schedule of
materials required to be purchased, showing the description,
quantity, and quality of each article, and shall invite pro
posals for furnishing the same, either by advertisement or
circular, as the Joint Committee on Printing may direct,
and shall make contracts for the same with the lowest respon
sible bidder, making a return of the same to the Joint Com
mittee, showing the number of bidders, the amounts of
each bid, and the awards of the contracts.
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S e c . 19. The Public Printer shall make annual report to
Congress, and in it specify the number of copies of each
Department report and document printed upon requisition
by the head of the Department for which the printing was
done, and he shall also specify in said report the exact num
ber of copies of books, giving titles of the books, bound
upon requisition for Senators, Representatives, Delegates,
and other officers of the Government and the cost thereof.
*
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Sec . 24. There shall be reserved by the Public Printer
from the quota of each Member of Congress and Delegate
--------... --------------*_
STANDING ORDERS OF TH E SENATE.
152
one copy of the Congressional Record in unstitched form, to
be delivered to each Member or Delegate; and there shall
be furnished to each standing committee of Congress one
copy, which copies for Members and committees shall be
bound promptly in paper when each semimonthly index
shall be issued, and shall be delivered without delay.
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The Public Printer shall, a t the beginning of
each session of Congress, submit to the Joint Committee
on Printing estimates of the quantity of paper of all descrip
tions which will be required for the public printing and
binding during the ensuing year.
Sec .
*
26.
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Sec. 37. It shall be lawful for the Public Printer to print
and deliver, upon the order of any Senator, Representative,
or Delegate, extracts from the Congressional Record, the
person ordering the same paying the cost thereof; and docu
ments and reports of committees, with the evidence and
papers submitted therewith, or any part thereof ordered
printed by Congress, may be reprinted by the Public Printer
on order of any Member of Congress or Delegate, on pre
payment of cost thereof. The Public Printer may furnish
without cost to Senators, Members, and Delegates envelopes
ready for mailing the Congressional Refcord or any part
thereof, or speeches, or reports therein contained. Envel
opes so furnished shall contain in the upper lefthand corner
thereof the following words, to wit: “ Senate United States
(or House of Representatives, U. S.). Part of Congressional
Record. Free," and in upper right-hand corner the letters
“ U. S. S.,J or “ M. C.” But he shall not print any other
words thereon, except at the personal expense of the Senator,
O
STANDING ORDERS OF THE SENATE.
153
Member, or Delegate ordering the same, except to affix the
official title of a document.
He m a y also furnish without cost to Senators, Members,
and Delegates blank franks,1 printed on sheets and perforated,
or singly, at the option o f said Senators, Members, and D ele
gates, for public documents.
Franks so furnished shall contarn m the upper left-hand corner thereof the following
words, to wit: “ Public document. Free. United States
Senate (or House of Representatives U. S .)” and in upper
right-hand corner the letters “ U. S. S.” or “ M. C.” But
i.
he shall not print any other words thereon, except where it
may be desirable to affix the official title of a document,
All other words printed thereon shall be at the personal
expense of the Senator, Member, or Delegate ordering the
same
*
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*
The Public Printer, under section thirty-seven of
the “ Act providing for the public printing and binding
and the distribution of public documents,” approved
January 12, 1895, may, at the request of any Senator,
Representative, or Delegate in Congress, print on en
velopes authorized to be furnished, in addition to the
words therein named, the name of the Senator, Repre
sentative, or Delegate, and State, the date, and the
topic or subject-matter, not exceeding twelve words.
[28 Stat., 9G.
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*
In case any Senator, Representative, or Delegate
shall fail to pay the cost of printing extracts from the
Congressional Record or other documents ordered by
him to be printed in accordance with section thirty-
1 As amended, 33 Stat., 9.
STANDING ORDERS OF TH E SENATE.
154
seven of the Act approved January twelfth, eighteen
hundred and ninety-five (Twenty-eighth Statutes at
Large, page six hundred and six), the Public Printer
shall certify the amount due to the Sergeant at Arms of
the House or the financial clerk of the Senate, as the
case may be, and the Sergeant at Arms or financial
clerk shall deduct from any salary due the said delin
quent the said amount, or as much thereof as the salary
due may cover, and pay the amount so obtained to the
Public Printer to be applied by him to the satisfaction
of the indebtedness.
[36stat., iH6.
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At the request of any Congressman, the Public Printer is
authorized to print upon franks or envelopes used for mailing
public documents or seed the facsimile stamp of said Con
gressman and a special request for return if not called for,
and the name of the State and county and city, said Congress
man to deposit with his order the extra expense involved in
printing these additional words.
*
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*
*
*
Sec. 40. The Public Printer, under the direction of the
Joint Committee, may print for sale, at a price sufficient to
reimburse the expense of such printing, the current Congres
sional Directory and the current numbers and bound sets of
the Congressional Record.
The money derived from such
sales shall be paid into the Treasury and accounted for
in his annual report to Congress, and no sales shall be made
on credit.
*
*
*
*
*
S ec. 42. The Public Printer shall furnish to all applicants
giving notice before the matter is put to press, not exceeding
two hundred and fifty to any one applicant, copies of bills,
STANDING ORDERS OF TH E SENATE.
155
reports, and documents, said applicants paying in advance
the cost of such printing with ten per centum added: P ro
vided , That the printing of such work for private parties
shall not interfere with the printing for the Government: 1
Provided further,
That the P ublic P rin ter shall 'print such
additional copies o f an y Government publication, not confiden
tial in character, as may be required f o r sale to the public by
the Superintendent o f Docum ents at the cost o f printing and
binding, plus 10 per centum, without lim it as to the number
o f copies to any one applicant who agrees not to resell or dis
tribute the same f o r profit; but the printing o f such additional
copies required f o r sale by the Superintendent o f Documents
shall be subject to regulation by the Join t Committee on Prin tin g
and shall not interfere with the prom pt execution o f printing f o r
the Government.
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*
*
*
S ec . 53. The Public Printer shall examine closely the
orders of the Senate and House for printing, and in case of
duplication ho shall print under the first order received.
*
*
*
*
*
Printing and binding for Congress chargeable to this
appropriation, when recommended to be done by the
Committee on Printing of either House, shall be so
recommended in a report containing an approximate
estimate of the cost thereof, together writh a statem ent
from the Public Printer of estimated approximate cost
of work previously ordered by Congress within the
fiscal year for which this appropriation is made.
*
*
*
*
*
[40 Stat., 175.
S ec . 54. Whenever any document or report shall be
ordered printed by Congress, such order to print shall signify
1 As amended, 42 Stat., 172.
STANDING ORDERS OE TH E SENATE.
156
the ‘‘usual num ber” of copies for binding and distribution
among those entitled to receive them.
That the Public Printer be, and he is hereby, au
thorized and directed to print, in addition to the usual
number, and furnish the Department of State with
twenty copies of each Senate and House of Representa
tives document and report.
'
129 stat->463No greater number shall be printed unless ordered by either
House, or as hereinafter provided. When a special number
of a document or report is ordered printed, the usual number
shall also be printed, unless already ordered. The usual
number of documents and reports shall be one thousand six
hundred and eighty-two copies, which shall be distributed
as follows:
Of
the
H ouse D ocuments and R eports, U nbound .—
To the Senate document room, one hundred and fifty copies;
to the office of the Secretary of the Senate, ten copies; to the
House document room, four hundred and twenty copies; to
the Clerk’s office of the House, twenty copies.
Of
the
S enate D ocuments and R eports, U nbound .—
To the Senate document room, two hundred and twenty
copies; office of the Secretary of the Senate, ten copies; to
the House document room, three hundred and sixty copies;
to the Clerk’s office of the House, ten copies.
That of the number printed, the Public Printer shall bind
one thousand and eighty-two copies, which shall be dis
tributed as follows:
Of the H ouse Documents and R epop£ts, Bound.—To
the Senate Library, fifteen copies; to the Library of Congress,
two copies, and fifty additional copies for foreign exchanges;
to the House Library, fifteen copies; to the Superintendent
\
STANDING ORDERS OF THE SENATE,
157
That section fifty-four of said Act is hereby amended by
adding at the end thereof as follows:
That hereafter the usual number of reports on pri
vate bills, concurrent or simple resolutions, shall not be
printed. In lieu thereof there shall be printed of each
of Coi
of Documents, five hundred copies, for distribution to the
state and territorial libraries and designated depositories.
Of the Senate D ocuments and R eports, B ound .— To
the Senate library, fifteen copies; to the Library of Congress,
two copies, and fifty copies additional for foreign exchanges;
to House library, fifteen copias; to the Superintendent of
Documents, five hundred copies, for distribution to state and
territorial libraries and designated depositories. These docu
ments shall be bound in full sheep, and in binding documents
the Public Printer shall give precedence to those that are
to be distributed to libraries and to designated depositories:
Provided, That any state or territorial library or designated
depository entitled to documents th at may prefer to have
its documents in unbound form, may do so by notifying the
Superintendent of Documents to th at effect prior to the con
vening of each Congress.
The remainder of said documents and reports shall be
reserved by the Public Printer in unstitched form, and shall
be held subject to be bound in the number provided by law,
upon orders from the Vice-President, Senators, Representa
tives, Delegates, Secretary of the Senate, and Clerk of the
House, in such binding as they shall select, except full
morocco or calf; and when not called for and delivered within
two years after printing shall be delivered in imbound form
to the Superintendent of Documents for distribution. All of
the ‘‘usual num ber” shall be printed at one time.
158
STANDING ORDERS O F T H E
SEN ATE.
ecs
Senate report on a private bill, simple or concurrent
resolution, three hundred and forty-five copies, which
shall be distributed as follows: To the Senate document
room, two hundred and twenty copies; to the Secretary
of the Senate, fifteen copies; to the House document
room, one hundred copies; to the superintendent of
documents, ten copies; and of each House report on a
private bill, simple or concurrent resolution, two hun
dred and sixty copies, which shall be distributed as
follows: To the Senate document room, one hundred
and thirty-five copies; to the Secretary of the Senate,
fifteen copies; to the House document room, one hun
dred copies; to the superintendent of documents, ten
copies:Provided, That nothing contained in this act shall
be construed to prevent the binding of all Senate and
House reports in the reserve volumes bound for and
delivered to the Senate and House libraries: Provided ,
That not less than twelve copies of each report on bills
for the paym ent or adjudication of claims against the
Government shall be kept on file in the Senate docu
ment room.
Sec. 2. That section fifty-five of said Act is hereby amended
to read as follows: *
Sec . 55. There shall be printed of each Senate and
House public bill and joint resolution six hundred and
twenty-five copies, which shall be distributed as follows:
To the Senate document room, two hundred and twentyfive copies; office of Secretary of Senate, fifteen copies;
House document room, three hundred and eighty-five
copies. There shall be printed of each Senate private
bill, when introduced, when reported, and when passed,
S T A N D IN G
ORDERS O F T H E
SEN ATE.
159
three hundred copies, which shall be distributed as fol
lows: To the Senate document room, one hundred and
seventy copies; to the Secretary of the Senate, fifteen
copies; to the House document room, one hundred
copies; to the superintendent of documents, ten copies.
There shall be printed of each House private bill, when
introduced, when reported, and when passed, two hun
dred and sixty copies, which shall be distributed as
follows: To the Senate document room, one hundred
and thirty-five copies; to the Secretary of the Senate,
fifteen copies; to the House document room, one hun
dred copies; to the superintendent of documents, ten
copies. The term “ private bill” shall be construed to
mean all bills for the relief of private parties, bills
granting pensions, bills removing political disabilities,
and bills for the survey of rivers and harbors. All
bills and resolutions shall be printed in bill form, and,
unless specially ordered by either House, shall only be
printed when referred to a committee, when favorably
reported back, and after their passage by either House.
Of concurrent and simple resolutions, when reported,
and after their passage by either House, only two hun
dred and sixty copies shall be printed, except by special
order, and the same shall be distributed as follows:
To the Senate document room, one hundred and thirtyfive copies; to the Secretary of the Senate, fifteen copies;
to the House document room, one hundred copies; to
the Superintendent of Documents, ten copies.
[33 Stat., 610.
* * *
The Public Printer be directed to supply to the docu
ment rooms of the Senate and House of Representatives the same
number of bills and reports when submitted in consolidated or omni6 9 4 5 4 °— S. D oc. 349. 6 7 -4 -------- li
bus form as are provided and delivered to these offices of public
bills and reports.
(Resolution of Joint Committee on Printing, Jan.
IS, 1917.)
*
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*
*
Sec . 56. There shall be printed in slip form one thousand
eight hundred and ten copies of public and four hundred
and sixty of private laws, postal conventions, and treaties,
which shall be distributed as follows: To the House docu
ment room, one thousand copies of public and one hundred
copies of private laws; to the Senate document room, five
hundred and fifty copies of public and one hundred copies
of private laws; to the Department of State, five hundred
copies of all laws; and to the Treasury Department, sixty of
all laws. Postal conventions and treaties shall be dis
tributed as private laws.
Sec . 57. There shall be printed of the Journals of the Sen
ate and House of Representatives seven hundred and
twenty1 copies, which shall be distributed as follows: To the
Senate document room, ninety copies for distribution to
Senators, and twenty-five additional copies; to the Senate
Library, ten copies; to the House document room, three
hundred and sixty copies for distribution to members, and
twenty-five additional copies; to the Department of State,
four copies; to the Superintendent of Documents, one hun
dred and forty-four copies to be distributed to three libraries
in each of the States and Territories to be designated by the
Superintendent of Documents; to the Library of Congress,
* * * sixty-two copies fo r its own use and international
exchange, except as such number shall be enlarged to not
exceeding one hundred copies by the reguest o f the Librarian
o f Congress;1 to the Court of Claims, two copies, and to the
Library of the House of Representatives, ten copies.
‘ As amended, 2 Supp., 1817.
S T A N D IN G
ORDERS O F T H E
SENATE.
161
The remaining number of the Journals of the Senate and
House of Representatives, consisting of twenty-five copies,
shall be furnished to the Secretary of the Senate and the Clerk
of the House of Representatives, respectively, as the neces
sities of their respective offices may require, as rapidly as
signatures are completed for such distribution.
S e c . 58. Whenever printing not bearing a Congressional
number shall be done for any department or officer of the
Government, except confidential matter, blank forms, and
circular letters not of a public character, or shall be done for
use of Congressional committees, not of a confidential
character, two copies shall be sent, unless withheld by order
of the committee, by the Public Printer to the Senate and
House Libraries, respectively, and one copy each to the
document rooms of the Senate and House, for reference; and
these copies shall not be removed; and of all publications of
the Executive Departments not intended for their especial
use but made for distribution, five hundred copies shall be
at once delivered to the Superintendent of Documents for
distribution to designated depositories and State and Terri
torial libraries.
*
*
*
*
*
S e c . 60. There shall be one document room of the Senate
and one of the House of Representatives, to be designated,
respectively, the “ Senate and House document room .”
Each shall be in charge of a superintendent, who shall be
appointed by the Secretary 1 of the Senate and the Door
keeper of the House, respectively, who shall also appoint
the necessary number of assistants: Provided, That this
section shall not take effect until the first day of the first
session of the Fifty-fourth Congress.
1 As amended, 31 Stat., 962.
Standing Order.? of the Sen.
Rules for Sen,, Win/*; Cap.
Sec. 61. The Public Printer shall appoint a competent
fix his salary. The Superintendent of Documents so desig
nated and appointed is hereby authorized to sell at cost any
public document in his charge, the distribution of which is
not herein specifically directed, said cost to be estimated by
the Public Printer and based upon printing from stereo
typed plates; b ut only one copy of any document shall be
sold to the same person, excepting libraries or schools by
which additional copies are desired for separate depart
ments thereof, and members of Congress; and whenever any
officer of the Government having in his charge documents
published for sale shall desire to be relieved of the same, he
is hereby authorized to turn them over to the Superin
tendent of Documents, who shall receive and sell them under
the provisions of this section. All moneys received from the
sale of documents shall be returned to the Public Printer on
the first day of each month and be by him covered into the
Treasury monthly, and the Superintendent of Documents
shall report annually the number of copies of each and every
document sold by him, and the price of the same. He shall
also report monthly to the Public Printer the number of
documents received by him and the disposition made of the
same. He shall have general supervision of the distribution
of all public documents, and to his custody shall be committed
all documents subject to distribution, excepting those
printed for the special official use of the Executive Depart
ments, which shall be delivered to said Departments, and
those printed for the use of the two Houses of Congress,
which shall be delivered to the folding rooms of said Houses
and distributed or delivered ready for distribution to Mem-
STANDING ORDERS OF T H E SENATE.
163
bers and Delegates upon their order by the superintend
ents of the folding rooms of the Senate and House of
R epresent atives.
Sec. 62. The Superintendent of Documents shall, at the
close of each regular session of Congress, prepare and publish
a comprehensive index of public documents, beginning with
the Fifty-third Congress, upon such plan as shall be approved
by the Joint Committee on Printing; and the Public Printer
shall, immediately upon its publication, deliver to him a
copy of each and every document printed by the Govern
ment Printing Office; and the head of each of the Executive
Departments, bureaus, and offices of the Government shall
deliver to him a copy of each and every document issued or
published by such Department, bureau, or office not con
fidential in its character. He shall also prepare and print
in one volume a consolidated index of Congressional docu
ments, and shall index such single volumes of documents as
the Joint Committee on Printing shall direct. Of the com
prehensive index and of the consolidated index two thousand
copies each shall be printed and bound in addition to the
usual number, two hundred copies for the use of the Senate,
eight hundred copies for the use of the House, and one
thousand copies for distribution by the Superintendent of
Documents.
S e c . 63. The Secretary and Sergeant-at-Arms of the Senate
and the Clerk and Doorkeeper of the House of Representa
tives shall cause an invoice to be made of all public documents
stored in and about the Capitol, other than those belonging
to the quota of members of the present Congress, to the
Library of Congress, and the Senate and House Libraries
and document rooms, and all such documents shall by the
superintendents, respectively, of the Senate and House fold
ing rooms be p u t to the credit of Senators, Representatives,
and Delegates of the present Congress, in quantities equal
to the number of volumes and as nearly as possible in value
to each member of Congress, and said documents shall be
distributed upon the orders of Senators, Representatives,
and Delegates, each of whom shall be supplied by the
superintendents of the folding rooms with a list of the number
and character of the publications thus put to his credit:
Provided, T hat before said apportionment is made copies of
any of these documents desired for the use of committees of
the Senate or House shall be delivered to the chairmen of
such committees: A n d provided further, That four copies of
each and all leather-bound documents shall be reserved and
carefully stored, to be used hereafter in supplying deficiencies
in the Senate and House Libraries caused by wear or loss,
and a similar invoice shall be prepared and distribution made
as above provided at the convening in regular session of each
successive Congress.
*
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*
Whenever in the division among Senators, Rep
resentatives, and Delegates of documents printed for the use
of Congress there shall be an apportionment to each or
either House in round numbers, the Public Printer shall not
deliver the full number so accredited at the respective fold
ing rooms, but only the largest multiple of the number
constituting the full membership of each or either House,
including the Secretary and Sergeant-at-A rm s 1 of the Senate
and Clerk, Serge an t- a t-Ar ms, and Doorkeeper of the House,
which shall be contained in the round numbers thus
accredited to each or either House, so th a t the number
S e c . 68.
1As amended, 33 Stat., 159.
fe
ll
S T A N D IN G
ORDERS O F T H E
SEN ATE.
165
delivered shall divide evenly and without remainder among
the members of the House to which they are delivered; and
the remainder of the1documents thus resulting shall be turned
over to the Superintendent of Documents, to be distributed
by him, first, to public and school libraries for the purpose
of completing broken sets; second, to public and school
libraries that have not been supplied with any portions of
such sets; and, lastly, by sale to other persons; said libraries
to be named to him by Senators, Representatives, and Dele
gates in Congress; and in this distribution the Superintendent
of Documents shall see that as far as practicable an equal
allowance is made to each Senator, Representative, and
Delegate.
Sec. 70. The Superintendent of Documents shall thor
oughly investigate the condition of all libraries that are now
designated depositories, and whenever he shall ascertain
that the number of books in any such library, other than
college libraries, is below one thousand, other than Govern
ment publications, or it has ceased to be maintained as a
public library, he shall strike the same from the list, and the
Senator, Representative, or Delegate shall designate another
depository that shall meet the conditions herein required.
Sec . 71. There shall be one folding room of the Senate
and one folding room of the House of Representatives.
They shall be in charge of superintendents, appointed
respectively by the Sergeant-at-Arms of the Senate and
Doorkeeper of the House, who shall also appoint the necessary
assistants. All reports or documents to be distributed for
Senators, Representatives, and Delegates shall be folded
1 As amended, 33 Stat., 159
I
S T A N D IN G
ORDERS O F T H E
SENATE.
and distributed from the folding rooms, unless otherwise
ordered, and each Senator, Representative, and Delegate
shall be notified in writing once every sixty days of the
number and character of publications on hand and assigned
to him for use and distribution.
Sec. 72. Any Senator, Representative, or Delegate having
public documents to his credit at the expiration of his term
of office shall take the same prior to the convening of the
succeeding Congress, and if he shall not do so within such
period he shall forfeit them to his successor in office.
S ec. 73. Extra copies of documents and reports shall be
printed promptly when the same shall be ready for publi
cation, and shall be bound in paper or cloth as directed by
the Joint Committee on Printing, and shall be of the num
ber following in addition to the usual number:
The Secretary of State shall cause to be edited, printed,
published, and distributed pamphlet copies of the stat
utes of the present and each future session of Congress
to the officers and persons hereinafter provided for; said
distribution shall be made at the close of every session of
Congress, as follows:
To the President and Vice-President of the United States,
two copies each; to each Senator, Representative, and
Delegate in Congress, one copy; to the Librarian of the
Senate, for the use of Senators, one hundred copies; to the
Librarian of the House, two hundred copies, for the use of
Representatives and Delegates; to the Library of Congress,
fourteen copies; to the Department of State, including those
for the use of legations and consulates, six hundred copies;
to the Treasury Department, three hundred copies; to the
War Department, two hundred copies; to the Navy Depart-
■
I
STANDING ORDERS OF THE SENATE.
167
ment, one hundred copies; to the Department of the Inte
rior, including those fof the use of surveyors-general and
registers and receivers of public land offices, two hundred
and fifty copies; to the Post-Office Department, fifty copies;
to the Interstate Commerce Commission, ten copies; to the
Civil Service Commission, three copies; to the Department
of Justice, including those for the use of the Chief Justice and
associate justices of the Supreme Court and the judges and
officers of the United States and Territorial courts, five hun
dred copies; to the Department of Agriculture, fifty copies;
to the Department o f Commerce and Labor, three hundred copies f
to the Smithsonian Institution, five copies; to the Govern
ment Printing Office, two copies; to the governors and
secretaries of Territories, one copy each.
The Public Printer shall deliver to the folding rooms of
the Senate and House of Representatives seven thousand
copies of the pamphlet laws, two thousand copies of which
shall be for the Senate and five thousand copies for the
House, and to the Superintendent of Documents five hun
dred copies, for distribution to State and Territorial libraries
and to designated depositories.
After the close of each Congress the Secretary of State shall
have edited, printed, and bound a sufficient number of the
volumes containing the Statutes at Large enacted by th at
Congress to enable him to distribute copies, or as many
thereof as may be needed, as follows:
T° the President of the United States, four copies, one of
which shall be for the library of the Executive Mansion; to
the Vice-President of the United States, one copy; to each
Senator, Representative, and Delegate in Congress, one copy;1
1 As amended, 33 Stat., 542.
168
STANDING ORDERS OF T H E SENATE.
to the Librarian of the Senate, for the use of Senators, one
hundred copies; to the Librarian of the House, for the use of
Representatives and Delegates, two hundred copies; to the
Library of Congress, fourteen copies, including four copies for
the Law Library; to the Departm ent of State, including those
for the use of legations and consulates, three hundred and
eighty copies; to the Treasury Department, including those
for the use of officers of customs, three hundred copies; to
the War Department, seventy-five copies; to the Navy De
partm ent, seventy-five copies; to the Departm ent of the Inte
rior, including those for the use of surveyors-general and
registers and receivers of public land offices, two hundred and
fifty copies; to the Post-Office Department, fifty copies; to
the Interstate Commerce Commission, ten copies; to the Civil
Service Commission, three copies; to the Department of
Justice, including those for the use of the Chief Justice and
associate justices of the Supreme Court, and the judges and
the officers of the United States and Territorial courts and to
State supreme court libraries, five hundred copies; to the
Department of Agriculture, fifty copies; to the Department o f
Commerce and Labor, including those fo r the officers o f the
immigration service, three hundred co p ies;1 to the Smith
sonian Institution, two copies; to the Government Printing
Office, one copy, and the Public Printer shall deliver five
hundred copies of the Statutes at Large to the Superintend
ent of Documents for distribution to State and Territorial
libraries and to designated depositories. And the Secretary
of State is authorized to have as many additional copies
printed and bound as may in his opinion be needed for dis
tribution and sale a t cost thereof, not exceeding in any one
year one thousand copies of the laws of any one Congress.1
1 As amended, 33 Stat., 542.
STANDING ORDERS OF TH E SENATE.
169
The pamphlet copies of the statutes and the bound copies
of the acts of each Congress shall be legal evidence of the laws
and treaties therein contained in all the courts of the United
States and of the several States therein. The said pamphlet
and the Statutes at Large shall contain all laws, joint and con
current resolutions passed by Congress, and also all conven
tions, treaties, proclamations, and agreements.
The message of the President without the accompanying
documents and reports shall be printed, immediately upon its
receipt by Congress, in pamphlet form. Fifteen thousand
shall be printed, of which five thousand shall be for the Senate
and ten thousand for the House.
Of the President’s Message and accompanying documents
and Qf the annual reports of the Departments to Congress
there shall be printed one thousand copies for the Senate and
two thousand for the House: Provided , That of the reports
of the Chief of Engineers of the Army, the Commissioner of
Patents, the Commissioner of Internal Revenue, the report
of the Chief Signal Officer of the War Department, and of the
Chief of Ordnance, the usual number only shall be printed.
S ec . 4. That appropriations herein for printing and
binding shall not be used for any annual report or the
accompanying documents unless the copy therefor is
furnished to the Public Printer in the following manner:
Copies of the documents accompanying such annual
reports on or before the fifteenth day of October of
each year; copies of the annual reports on or before the
fifteenth day of November of each year; and complete
revised proofs of the accompanying documents and the
annual reports on the tenth and twentieth days of
November of each year, respectively. The provisions
STANDING ORDERS OF THE SENATE.
of this section shall not apply to the annual reports of
the Smithsonian Institution, the Commissioner of
Patents, or the Comptroller of the Currency. [38 stat., 886.
There shall be printed of eulogies of deceased Senators,
Representatives, and Delegates, eight thousand copies, of
which number fifty copies, bound in full morocco, with gilt
edges, shall be delivered to the family of the deceased, and
one thousand nine hundred and fifty copies in cloth binding
shall be delivered to the Senators, Representatives, or
Delegates of the State or Territory represented by the
deceased. The remaining number, also in cloth binding,
shall be distributed in the proportion of two thousand to the
Senate and four thousand to the House. The engraving for
such eulogies shall be done at the Bureau of Engraving and
Printing and paid for out of the appropriation for that bureau.
Of the “ usual num ber” the bound volume shall contain in
one volume for each House all eulogies during the session of
Congress upon Senators and Representatives, respectively.
Of the Senate Manual and of the Digest and Manual of
the House of Representatives, each House shall print as many
copies as it shall desire, even though the cost exceed five
hundred dollars.
There shall be prepared under the direction of the Joint
Committee on Printing a Congressional Directory, of which
there shall be three editions during each long session and two
editions during each short session of Congress. The first
edition shall be distributed to Senators, Representatives, Dele
gates, the principal officers of Congress, and heads of Depart
ments on the first day of the session, and shall be ready for
distribution to others within one week thereafter. The num-
‘1
I
S T A N D IN G
ORDERS O F T H E
SEN ATE.
ber and distribution of such Directory shall be under the
control of the Joint Committee on Printing. Official corre
spondence concerning the Directory may be had in penalty
envelopes, under the direction of the Joint Committee.
*
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*
*
*
Hereafter all copies of the Congressional Directory
delivered to Senators and Representatives for distribu
tion shall be bound hi cloth.
1.32 stat., 583.
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* .
*
That the Public Printer be, and he is hereby, author
ized and directed to supply to each newspaper cor
respondent whose name appears in the Congressional
Directory, and who makes application therefor, for his
personal use and th at of the paper or papers he rep
resents, one copy of the daily Congressional Record
and one copy of the bound Congressional Record, the
same to be sent to the office address of each member
of the press, or elsewhere in the city of "Washington,
as he may direct.
[3i stat., 713.
*
*
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*
*
The Public Printer shall furnish the Congressional Record
as follows, and shall furnish gratuitously no others in addi
tion thereto:
To the Vice-President and each Senator, eighty-eight 1
copies; and to the Secretary and Sergeant-at-Arms of the
Senate, each twenty copies, and to the Secretary for office
use, ten copies; to each Representative and Delegate, sixty
copies ; 2 and to the Clerk and Doorkeeper of the House,
each twenty copies, and to the Clerk for office use ten
copies,1 and to the Clerk f o r the use o f Members o f the House
o f Representatives f i f t y copies, and to the Sergeant-at-Arm s o f
the Senate, f o r the use o f the Senate, twenty cop ies;
As amended, 32 Stat., 786.
to be sup-
! Aa amended, 29 Stat., 454.
S T A N D IN G
ORDERS O F T H E
SEN ATE.
: Mu’inr. Order;, of the km. _
flulcs for Sen. Win/''; Cap,
plied daily as originally published or in the revised and per
manent form, bound only in half russia, or part in each
form, as each may elect.
To the Vice-President and each Senator, Representative,
and Delegate there shall be furnished two copies of the daily
Record, one to be delivered at his residence and one at the
Capitol.
To the President, for use of the Executive Office, four
copies of the daily and one bound copy.
To the Chief Justice and each of the associate justices of
the Supreme Court of the United States, the marshal and
clerk of the said court, one daily and one bound copy.
To the governor of each State and Territory, one copy of
the daily and one bound copy of the Record.
To the Official Reporter of the Senate and each of his
assistant reporters, and to the official reporters of the House,
each two copies of the daily and one copy of the bound
Record.
To the superintendents of the Senate and House document
rooms, each one copy of the daily and one bound copy.
To the Library of Congress, sixty-two 1 bound copies and
ten1
2 copies o f the daily Record, fo r use in the following depart
ments: Librarian’s office, reading room, Senators’ reading room,
Representatives’ reading room.
To the Senate and House Libraries, twenty3 bound copies
to each.
To the library of each of the eight Executive Depart
ments, and to the Naval Observatory, Smithsonian Institu
tion, the United States National Museum , 4 the Department
o f Labor, and Civil Service Commission, one bound copy.
1 2 Supp., 1817 Mar. 2, 1901.
2 As amended, 31 Stat., 1464.
3 As amended, 29 Stat., 468.
* As amended, 32 Stat., 786.
I
173
STANDING ORDERS OF TH E SENATE.
To the Soldiers’ Home, and to each of the National Homes
for Disabled Volunteer Soldiers, and to each of the State
soldiers’ homes established for either Federal or Confederate
soldiers, one copy of the daily.
To the Superintendent of Documents, five hundred bound
copies for distribution to depositories of public documents.
To each of our legations abroad, one copy of the daily Rec
ord, to be sent through the Secretary of State.
To each foreign legation in Washington whose Government
extends a like courtesy to our legations abroad, one copy of
the daily Record, to be sent through the Secretary of State
and furnished upon his requisition.
*
.
*
*
*
*
That the Public Printer be, and he is hereby, author
.
ized and directed to supply to each newspaper correspondent whose name appears in the Congressional
Directory, and who makes application therefor, for his
personal use and that of the paper or papers he repre
sents, one copy of the daily Congressional Record and
one copy of the bound Congressional Record, the same
to be sent to the office address of each member of the
press, or elsewhere in the city of Washington, as he
may direct. (2 Supp., 1453, Mar. 26, 1900.)
*
*
*
*
*
The Public Printer is authorized to furnish to subscribers
the daily Record at eight dollars for the long and four dollars
for the short session, or one dollar and fifty cents per month,
payable in advance. The “ usual num ber” of the Con
gressional Record shall not be printed. The daily and the
permanent Record shall bear the same date, which shall be
of the actual day’s proceedings reported therein.
S T A N D IN G
ORDERS O F T H E
SENATE.
The Secretary of War is hereby authorized and directed to
fitmish a complete set of the Official Records of the Union
and Confederate Armies to each Senator and Member of the
present Congress not already entitled by law to receive the
same; and he is further authorized to use for this purpose such
incomplete sets, not including any to the credit of Senators
as remain on hand uncalled for by beneficiaries designated
to receive them under the authority contained in the acts
approved August 7, 1882, and March 10, 1888; and the Sec
retary of War will call upon the Public Printer to print and
bind such volumes or parts of volumes as will enable him to
fill out the incomplete sets hereinbefore referred to.
Of the Official Register three thousand copies shall be
printed and bound, which shall be distributed as follows: To
the President of the United States, four copies, one copy of
which shall be for the library of the Executive Mansion; to the
Vice-President of the United States,two copies; to each Sena
tor, Representative, and Delegate in Congress, one copy; to
the Secretary and Sergeant-at-Arms of the Senate, to the Clerk
and Sergeant-at-Arms of the House, one copy each; to the
Library of the Senate, ten copies; to the Library of the House
of Representatives, ten copies; to the Library of Congress,
twenty-five copies; to the Department of State, one hundred
copies; to the Treasury Department, one hundred and fifty
copies; to the War Department, fifty copies; to the Navy De
partment, twenty copies; to the Department of Justice,
twenty copies; to the Department of the Interior, two
hundred copies; to the Post-Office Department, one hundred
copies; to the Department of Agriculture, fifteen copies;
to the Department o f Commerce and Labor, one hundred
I
STANDING ORDERS OF TH E SENATE.
175
and fifty cop ies1; to the Smithsonian Institution, four copies;
to the Government Printing Office, four copies; to the Inter
state Commerce Commission, two copies; to the Civil Serv
ice Commission, four copies; to the Commissioners of the
District of Columbia, two copies; and the remaining copies
shall be delivered to the Superintendent of Documents,
who is hereby authorized to send one copy to each desig
nated depository and to such public college or school library
not a depository of public documents, and one copy to such
other person as shall be designed by each Senator, Rep
resentative, and Delegate in Congress, and shall hold the
remainder for sale under the provisions of this law. The
usual number of the Official Register shall not be p rin ted
No report, document, or publication of any kind distrib
uted by or from an Executive Department or bureau of
the Government shall contain any notice th at the same is
sent with “ the compliments'’ of an officer of the Govern
ment, or with any special notice th at it is so sent, except
that notice th at it has been sent, with a request for an ac
knowledgment of its receipt, m ay be given.
*
*
*
*
*
Sec . 7 6 . The charts published by the Coast and Geodetic
Survey shall be sold at cost of paper and printing as nearly
as practicable; and there shall be no free distribution of
such charts except to the Departments and officers of the
United States requiring them for public use; and a number
of copies of each sheet, not to exceed three hundred, to be
presented to such foreign Governments, libraries, and scien
tific associations and institutions of Darning as the Secretary
of the Treasury may direct; but on the order of Senators,
1As amended, 33 Stat., 542.
6 9 4 5 4 °— S. D oc. 949, 6 7 - 4 _____ 12
H
Standing Orders of the lien,
Rules for Ken. Wing Ca|>«
impeachment Rules
^ -udex to Sen. Buies
1
Representatives, and Delegates not to exceed ten copies to
each may be distributed through the Superintendent of the
Coast and Geodetic Survey.
Sec. 79. The scientific reports known as the Monographs
and Bulletins of the Geological Survey shall not be published
until specific and detailed estimates are made therefor and
specific appropriations made in pursuance of such estimates;
and no engravings for the annual reports for such mono
graphs and bulletins, or of illustrations, sections, and maps,
shall be done until specific estimates are submitted therefor
and specific appropriations made based on such estimates.
iVnd there shall be distributed of monographs, bulletins, and
reports of the United States Geological Survey now in pos
session of said Survey, being publications prior to the year
eighteen hundred and ninety-four, one copy of every such
publication to every public library which shall be designated
to the Superintendent of Documents, as follows: Two public
libraries to be designed by each of the Senators from the
States, respectively; two public libraries by the Represent
ative in Congress from each Congressional district, and two
public libraries by the Delegate from each Territory; such
public libraries to be additional to those to which the said
publications are distributed under existing law.
S ec . 80. No document or report to be illustrated or
accompanied by maps shall be printed by the Public Printer
until the illustrations or maps designed therefor shall be
ready for publication; and no order for public printing shall
be acted upon by the Public Printer after the expiration of
one year, unless the entire copy and illustrations for the work
shall have been furnished within th at period: Provided, This
I
STANDING ORDERS OF T H E SENATE.
177
section shall not apply to orders heretofore made for the
printing of a series of volumes on one subject.
Hereafter no part of the appropriations made for
printing and binding shall be used for any illustration,
engraving, or photograph in any document or report
ordered printed by Congress unless the order to print
expressly authorizes the same, iu>r in any document or
report of any executive department or other Govern
ment establishment until the head of the executive
department or Government establishment shall certify
in a letter transm itting such report th a t the illustration
is .necessary and relates entirely to the transaction of
public business.
*
[33stat., 1213.
*
*
*
*
Sec. 81. Every public document of sufficient size on any
one subject shall be bound separately, and receive the title
suggested by the subject of the volume, which shall be the
chief title, and the classification of the volume shall be
placed on the back at the bottom, as simply indicating its
classification and not as a part of the title.
The executive and miscellaneous documents and the reports
of each House of Congress shall be designated as “ House
Documents,” “ Senate Documents,” “ House Reports,”
“ Senate Reports,” thus making two classes for each House,
and each volume shall receive the title suggested by its
subject-matter clearly placed upon its back.
*
*
2.
*
*
*
That section eighty-one of the Act approved
January twelfth, eighteen hundred and ninety-five,
providing for the public printing and binding and the
distribution of public documents, be amended to read
as follows:
Sec.
178
STANDING ORDERS OF TH E SENATE.
Sec. 81. P ar . 1 . That publications ordered printed by
Congress, or either House thereof, shall be in four series,
namely: One series of reports made by the committees of
the Senate, to be known as Senate reports; one series of re
ports made by the committees of the House of Represent
atives, to be known as House reports; one series of docu
ments other than reports of committees, the orders for
printing which originate in the Senate, to be known as
Senate documents, and one series of documents other than
committee reports, the orders for printing which originate
in the House of Representatives, to be known as House
documents. The publications in each series shall be con
secutively numbered, the numbers in each series continu
ing in unbroken sequence througnout the entire term of
a Congress, b u t the foregoing provisions shall not apply
to the documents printed for the use of the Senate in ex
ecutive session: Provided, That of the “ usual number/
the copies which are intended for distribution to State
and Territorial libraries and other designated depositories
of all annual or serial publications originating in or pre
pared by an Executive Department, bureau, office, com
mission, or board shall not be numbered in the document
or report series of either House of Congress, but shall be
designated by title and bound as hereinafter provided,
and the departmental edition, if any, shall be printed con
currently with the “ usual num ber’’: A n d provided further,
That hearings of committees may be printed as Con
gressional documents only when specifically ordered by
Congress or either House thereof.
S ec. 2. That in the binding of Congressiona. docu
ments and reports for distribution by the superintend
ent of documents to State and Territorial libraries and
STANDING ORDERS OF TH E SENATE.
179
other designated depositories, every publication of suf
ficient size on any pne subject shall hereafter be bound
separately and receive the title suggested by the subject
of the volume, and the others shall be distributed in un
bound form as soon as printed. The Public Printer shall
supply the superintendent of documents sufficient copies
of those publications distributed in unbound form, to be
bound and distributed to the State and Territorial
bbraries and other designated depositories for their per
manent files. The library edition, as well as all other
bound sets of Congressional numbered documents and
reports, shall be arranged in volumes and bound in the
manner directed by the Joint Committee on Printing.
*
*
*
*
*
Sec. 5. That in the printing of any document or
report, or any .publication authorized by law to he
printed, or hereafter authorized to be printed, for
distribution by Congress, the whole number of copies
of which shall not have been ordered within two years
from the date of the original order, the authority to
print shall lapse, except as orders for subsequent
editions may be approved by the Joint Committee on
Printing, and then in no instance shall the whole
number exceed the number originally authorized by
laW.
[34 Stat., 1014.
S ec. 6 . T hat section fifty-nine of the Act approved
January twelfth, eighteen hundred and ninety-five,
providing for the public printing and binding and the
distribution of public documents, and sections eightyone and ninety-nine of said Act, and the amendment
thereto in the Act approved March second, eighteen
S T A N D IN G
ORDERS O F T H E
SENATE.
hundred and ninety-five, Statutes at Large, volume
twenty-eight, page nine hundred and sixty-one, chapter
one hundred and eighty-nine, and all other laws or
parts of laws in conflict with the provisions of this
Act, are hereby repealed.
*
*
*
*
*
Sec. 82. The Public Printer shall bind four sets of Senate
and House of Representative bills, joint and concurrent reso
lutions of each Congress, two for the Senate and two for the
House, to be furnished him from the files of the Senate and
House document room, the volumes when bound to be kept
there for reference.
Sec. 83. The Secretary of the Senate and Clerk of the
House shall procure and file for the use of their respective
Houses copies of all reports made by committees, and
they are hereby directed at the close of each session of Con
gress to cause such reports to be indexed and bound, one
copy to be deposited in the library of each House and one
copy in the room of the committee from which the reports
emanate.
*
*
*
*
*
Sec. 87. All printing, binding, and blank books for the
Senate or House of Representatives and for the Executive
and Judicial Departments shall be done at the Government
Printing Office, except in cases otherwise provided by law.
*
*
*
*
*
S ec . 100. All laws in conflict witn the provisions of this
act are hereby repealed.
P U B L IC A T IO N S
FOR
I28stats.,
THE
L IB R A R Y
OF
p. 601.
CONGRESS.
That of the publications described in this section the
number of copies which shall be printed and distributed
by the Public Printer to the Library of Congress for its
l
STANDING ORDERS OF TH E SENATE.
181
own use and for international exchange in lieu of the
number now provided by law shall be sixty-two, except
as such number shall he enlarged to not exceedng one
hundred copies by request of the Librarian of Congress,
to wit: The House documents and reports, bound; the
Senate documents and reports, bound; the House Jour
nals, bound; the Senate Journals, bound; all other docu
ments bearing a Congressional number and all documents
not bearing a Congressional number printed by order of
either House of Congress, or by order of any Department,
bureau, commission, or officer of the Government, except
confidential matter, blank forms, and circular letters not
of a public character; the Revised Statutes, bound; the
Statutes at Large, bound; the Congressional Record,
bound; the Official Register of the United States, bound.
S ec . 2. That in addition to the foregoing the Public
Printer shall supply to the Library of Congress for its
own use two copies of each of the above-described publi
cations, unbound, as published; five copies of all bills
and resolutions; ten copies of the daily Congressional
Record; and two copies of all documents printed for the
use of Congressional committees not of a confidential
character.
S ec . 3. That of any publication printed at the Gov
ernment expense by direction of any Department, com
mission, bureau, or officer of the Government elsewhere
than at the Government Printing Office there shall be
supplied to the Library of Congress for its own use and
for international exchange sixty-two copies, except as
such number shall be enlarged to not exceeding one
hundred copies by request of the Joint Committee on
the Library.
(3i stat., 1464.
S T A N D IN G
ORDERS O F T H E
STATEM ENT
OF
SEN ATE.
A P P R O P R IA T IO N S .
That hereafter the statement of all appropriations made
during each session of Congress, including new offices created
and the salaries of each and salaries of the offices which are
increased and the amounts of such increase authorized by
the act of July fourth, eighteen hundred and thirty-six, shall
be prepared under the direction of the Committees on Appro
priations of the Senate and House of Representatives, and
said statement shall hereafter show also the offices the sala
ries of which are reduced or omitted, and the amount of such
reduction, and shall also contain a chronological history of
the regular appropriation bills passed during the session for
which it is prepared; and said statement shall hereafter
indicate the amount of contracts authorized by appropria
tion acts in addition to appropriations made therein, and
shall also contain specific reference to all indefinite appro
priations made each session.
The appropriations made for
the preparation of this statement shall be paid to the per
sons designated by the chairmen of said committees to do
the work.
[25 Stat., 587; 30 Stat., 136.
R E G U L A T IO N S G O V E R N IN G
VOTES
FOR
THE
P R E S ID E N T
C O U N T IN G O F T H E E L E C T O R A L
AND
V IC E -P R E S ID E N T .
That the electors of each State shall meet and give their
votes on the second Monday in January next following their
appointment, at such place in each State as the legislature
of such State shall direct.
S ec . 2. That if any State shall have provided, by laws en
acted prior to the day fixed for the appointment of the elect
ors, for its final determination of any controversy or contest
concerning the appointment of all or any of the electors of
I
S T A N D IN G
ORDERS O F T H E
SENATE.
183
such State, by judicial or other methods or procedure, and
such determination shah have been made at least six days
before the time fixed for the meeting of the electors, such de
termination made pursuant to such law so existing on said
day, and made at least six days prior to the said time of meet
ing of the electors, shall be conclusive, and shall govern in the
counting of the electoral votes as provided in the Constitu
tion, and as hereinafter regulated, so far as the ascertainment
of the electors appointed by such State is concerned.
S ec . 3. That it shall be the duty of the executive of each
State, as soon as practicable after the conclusion of the ap
pointment of electors in such State, by the final ascertain
ment under and in pursuance of the laws of such State pro
viding for such ascertainment, to communicate, under the
seal of the State, to the Secretary of State of the United
States, a certificate of such ascertainment of the electors ap
pointed, setting forth the names of such electors and the can
vass or other ascertainment under the laws of such State of
the number of votes given or cast for each person for whose
appointment any and all votes have been given or cast; and
it shall also thereupon be the duty of the executive of each
State to deliver to the electors of such State, on or before the
day on which they are required by the preceding section to
meet, the same certificate, in triplicate, under the seal of the
State; and such certificate shall be inclosed and transmitted
by the electors at the same time and in the same manner as
is provided by law for transmitting by such electors to the
seat of government the lists of all persons voted for as Presi
dent and of all persons voted for as Vice-President; and sec
tion one hundred and thirty-six of the Revised Statutes is
hereby repealed; and if there shall have been any final de
termination in a State of a controversy or contest as provided
l
S T A N D IN G
hi
ORDERS O F T H E
SEN ATE.
for in section two of this act, it shall be the duty of the execu
tive of such State, as soon as practicable after such determi
nation, to communicate, under the seal of the State, to the
Secretary of State of the United States, a certificate of such
determination in form and manner as the same shall have
been made; and the Secretary of State of the United States,
as soon as practicable after the receipt at the State Depart
ment of each of the certificates hereinbefore directed to be
transmitted to the Secretary of State, shall publish, in such
public newspaper as he shall designate, such certificates in
full; and at the first meeting of Congress thereafter he shall
transmit to the two Houses of Congress copies in full of each
and every such certificate so received theretofore at the
State Department.
S ec . 4. That Congress shall be in session on the second
Wednesday in February succeeding every meeting of the
electors.
The Senate and House of Representatives shall
meet in the Hall of the House of Representatives $t the hour
of 1 o ’clock in the afternoon on that day, and the President of
the Senate shall be their presiding officer.
Two tellers shall
be previously appointed on the part of the Senate and two on
the part of the House of Representatives, to whom shall be
handed, as they are opened by the President of the Senate,
all the certificates and papers purporting to be certificates of
the electoral votes, which certificates and papers shall be
opened, presented, and acted upon in the alphabetical order
of the States, beginning with the letter A ; and said tellers,
having then read the same in the presence and hearing of the
two Houses, shall make a fist of the votes as they shall appear
from the said certificates; and the votes having been ascer
tained and counted in the manner and according to the rules
in this act provided, the result of the same shall be delivered
l
Cprih reu«:os
S T A N D IN G
ORDERS O F T H E
SEN ATE.
185
to the President of the Senate, who shall thereupon announce
Mcrsori'v I'/’-ml
the state of the vote, which announcement shall be deemed
a sufficient declaration of the persons, if any, elected Presi
dent and Vice-President of the United States, and, together
with a list of the votes, be entered on the Journals of the two
Houses. Upon such reading of any such certificate or paper,
the President of the Senate shall call for objections, if any.
Every objection shall he made in writing, and shall state
clearly and concisely, and without argument, the ground
be received.
When all objections so made to any vote or
paper from a State shall have been received and read, the
Senate shall thereupon withdraw, and such objections shall
be submitted to the Senate for its decision; and the Speaker
of the House of Representatives shall, in like manner, submit
such objections to the House of Representatives for its deci
sion; and no electoral vote or votes from any State which
shall have been regularly given by electors whose appoint
ment has been lawfully certified to according to section three
of this act from which but one return has been received shall
be rejected, but the two Houses concurrently may reject the
vote or votes when they agree that such vote or votes have
not been so regularly given by electors whose appointment
has been so certified. If more than one return or paper pur
porting to be a return from a State shall have been received
by tho President of the Senate, those votes, and those only,
shall be counted which shall have been regularly given by the
electors who are shown by the determination mentioned in
section two of this act to have been appointed, if the deter
mination in said section provided for shall have been made,
or by such successors or substitutes, in case of a vacancy in
I
I ‘od» of luU. o»»vm o
thereof, and shall be signed by at least one Senator and one
member of the House of Representatives before the same shall
186
S T A N D IN G
ORDERS O F T H E
SEN ATE.
the board of electors so ascertained, as have been appointed
to fill such vacancy in the mode provided by the laws of the
State; but in case there shall arise the question which of two
or more of such State authorities determining what electors
have been appointed, as mentioned in section two of this act,
is the lawful tribunal of such State, the votes regularly given
of those electors, and those only, of such State shall be
counted whose title as electors the two Houses, acting sepa
rately, shall concurrently decide is supported by the decision
of such State so authorized by its laws; and in such case of
more than one return or paper purporting to be a return
from a State, if there shall have been no such determination
of the question in the State aforesaid, then those votes, and
those only, shall be counted which the two Houses shall con
currently decide were cast by lawful electors appointed in
accordance with the laws of the State, unless the two Houses,
acting separately, shall concurrently decide such votes not
to be the lawful votes of the legally appointed electors of
such State.
But if the two Houses shall disagree in respect
of the counting of such votes, then, and in that case, the
votes of the electors whose appointment shall have been cer
tified by the executive of the State, under the seal thereof,
shall be counted. When the two Houses have voted, they
shall immediately again meet, and the presiding officer shall
then announce the decision of the questions submitted. Xo
votes or papers from any other State shall be acted upon
until the objections previously made to the votes or papers
from any State shall have been finally disposed of.
S ec . 5. That while the two Houses shall be in meeting, as
provided in this act, the President of the Senate shall have
power to preserve order; and no debate shall be allowed and
S T A N D IN G
ORDERS O F T H E
SEN ATE.
187
no question shall be put by the presiding officer except to
either House on a motion to withdraw.
Sec. 6. That when the two Houses separate to decide upon
an objection that may have been made to the counting of any
electoral vote or votes from any State, or other question aris
ing in the matter, each Senator and Representative may
speak to such objection or question five minutes, and not
more than once; but after such debate shall have lasted two
hours it shall be the duty of the presiding officer of each
House to put the main question without further debate.
Sec. 7. That at such joint meeting of the two Houses seats
shall be provided as follows: For the President of the Senate,
the Speaker s chair ; for the Speaker, immediately upon his
left, the Senators, in the body of the Hall upon the right of
the presiding officer; for the Representatives, in the body of
the Hall not provided for the Senators; for the tellers, Secre
tary of the Senate, and Clerk of the House of Representa
tives, at the Clerk’s desk; for the other officers of the two
Houses, in front of the Clerk’s desk and upon each side of the
Speaker’s platform.
Such joint meeting shall not be dis
solved until the count of electoral votes shall be completed
and the result declared; and no recess shall be taken unless a
question shall have arisen in regard to counting any such
votes, or otherwise under this act, in which case it shall be
competent for either House, acting separately in the manner
hereinbefore provided, to direct a recess of such House not
beyond the next calendar day, Sunday excepted, at the hour
of 10 o’clock in the forenoon. But if the counting of the
electoral votes and the declaration of the result shall not
have been completed before the fifth calendar day next after
such first meeting of the two Houses, no further or other
recess shall be taken by either House.
stat. 373.
STANDING ORDERS OF TH E SENATE.
188
SUPPLEM ENTAL
ACT
R E G U L A T IN G
THE
C O U N T IN G
OF
THE
E L E C T O R A L V O T E S F O R P R E S ID E N T A N D V IC E -P R E S ID E N T .
That the certificates and lists of votes for President and
Vice-President of the United States, mentioned in chapter
one of title three of the Revised Statutes of the United
States, and in the act to which this is a supplement, shall be
forwarded, in the manner therein provided, to the President
of the Senate forthwith after the second Monday in January,
on which the electors shall give their votes.
S ec . 2. That section one hundred and forty-one of the
Revised Statutes of the United States is hereby so amended
as to read as follows:
“ S e c . 1 4 1 . Whenever a certificate of votes from any State
has not been received at the seat of Government on the fourth
Monday of the month of January in which their meeting shall
have been held, the Secretary of State shall send a special
messenger to the district judge in whose custody one certifi
cate of the votes from that State has been lodged, and such
judge shall forthwith transmit that list to the seat of Govern
ment.”
ACT
P R O V ID IN G
[25 Stat., 613.
FOR
SUCCESSORS
TO
P R E S ID E N T
AND
V IC E -
P R E S ID E N T .
That in case of removal, death, resignation, or inability
of both the President and Vice-President of the United
States, the Secretary of State, or if there be none, or in
case of his removal, death, resignation, or inability, then
the Secretary of the Treasury, or if there be none, or in
case of his removal, death, resignation, or inability, then
the Secretary of War, or if there be none, or in case of his
STANDING ORDERS OF TH E SENATE.
189
removal, death, resignation, or inability, then the AttorneyGeneral, or if there be none, or in case of his removal, death,
resignation, or inability, then the Postmaster-General, or if
there be none, or in case of his removal, death, resignation,
or inability, then the Secretary of the Navy, or if there
be none, or in case of his removal, death, resignation, or
inability, then the Secretary of the Interior, shall act as
President until the disability of the President or Vice-Presi
dent is removed or a President shall be elected: Provided,
That whenever the powers and duties of the office of President
of the United States shall devolve upon any of the persons
named herein, if Congress be not then in session, or if it would
not meet in accordance with law within twenty days there
after, it shall be the duty of the person upon whom said
powers and duties shall devolve to issue a procalmation con
vening Congress in extraordinary session, giving twenty days’
notice of the time of meeting.
S ec . 2. That the preceding section shall only be held to
describe and apply to such officers as shall have been ap
pointed by the advice and consent of the Senate to the offices
therein named, and such as are eligible to the office of
President under the Constitution, and not under impeach
ment by the House of Representatives of the United States
at the time the powers and duties of the office shall devolve
upon them respectively.
S ec . 3. That sections one hundred and forty-six, one
hundred and forty-seven, one hundred and forty-eight, one
hundred and forty-nine, and one hundred and fifty of the
Revised Statutes are hereby repealed.
[2 4 s ta t.,i.
STANDING ORDERS OF TH E SENATE.
190
M ETHOD
OF
C O N D U C T IN G
THE
E L E C T IO N
OF
U N IT E D
STATES
SEN ATORS.
That at the regular election held in any State next pre
ceding the expiration of the term for which any Senator
was elected to represent such State in Congress, at which
election a Representative to Congress is regularly by law
to be chosen, a United States Senator from said State shall
be elected by the people thereof for the term commencing
on the fourth day of March next thereafter.
Sec . 2. That in any State wherein a United States
Senator is hereafter to be elected either at a general election
or at any special election called by the executive authority
thereof to fill a vacancy, until or unless otherwise specially
provided by the legislature thereof, the nomination of
candidates for such office not heretofore made shall be
made, the election to fill the same conducted, and the
result thereof determined, as near as may be in accordance
with the laws of such State regulating the nomination of
candidates for and election of Members at Large of the
National House
of Representatives: Provided, That
in
case no provision is made in any State for the nomination
or election of Representatives at Large, the procedure shall
be in accordance with the laws of such State respecting the
ordinary executive and administrative officers thereof who
are elected by the vote of the people of the entire State:
And provided further, That in any case the candidate for
Senator receiving the highest number of v otes shall be
deemed elected.
S ec . 3. That section two of this A ct shall expire b y limi
tation at the end of three yearn from the date of its approval.
STANDING ORDERS OF TH E SENATE.
TENURE
*
*
OF
C E R T A IN
C IV IL
*
191
O F F I C E S .1
♦
=t=
Sec. 1760. No money shall be paid from the Treasury to
any person acting or assuming to act as an officer, civil, mili
tary, or naval, as salary, in any office, when the office is not
authorized by some previously existing law, unless such
office is subsequently sanctioned by law.
Sec. 1761. No money shall be paid from the Treasury, as
salary, to any person appointed during the recess of the
Senate to till a vacancy in any existing office, if the vacancy
existed wrhile the Senate was in session, and was by law re
quired to be filled by and with the advice and consent of the
Senate, until such appointee has been confirmed by the
Senate.
Sec. 1762. No money shall be paid or received from the
Treasury or paid or received from or retained out of any
public moneys or funds of the United States, whether in the
Treasury or not, to or by or for the benefit of any person
appointed to or authorized to act in or holding or exercising
the duties or functions of any office contrary to sections sev
enteen hundred and sixty-seven to seventeen hundred and
seventy, inclusive; nor shall any claim, account, voucher,
order, certificate, warrant, or other instrument providing for
or relating to such payment, receipt, or retention, be pre
sented, passed, allowed, approved, certified, or paid by any
officer, or by any person exercising the functions or perform
ing the duties of any office or place of trust under the United
States, for or in respect to such office, or the exercising or
performing the functions or duties thereof. Every person
who violates any of the provisions of this section shall be
6 9 4 5 4 °—
S. D oc.
1 As amended, 24 Stat., 500.
349 , 6 7 - 4 ------- 13
STANDING ORDERS OF TH E SENATE.
192
deemed guilty of a high misdemeanor, and shall be impris
oned not more than ten years, or fined not more than ten
thousand dollars, or both.
*
*
*
*
*
S ec . 1771. Every person who, contrary to the provisions of
the four preceding sections, accepts any appointment to or
employment in any office, or holds or exercises or attempts
to hold or exercise any such office or employment, shall be
deemed guilty of a high misdemeanor, and shall be impris
oned not more than five years, or fined not more than ten
thousand dollars, or both.
S ec . 1772. Every removal, appointment, or employment
made, had, exercised contrary to sections seventeen hundred
and sixty-seven to seventeen hundred and seventy, inclusive,
and the making, signing, sealing, countersigning, or issuing
of any commission or letter of authority for or in respect to
any such appointment or employment, shall be deemed a
high misdemeanor, and every person guilty thereof shall be
imprisoned not more than five years, or fined not more than
ten thousand dollars, or both.
S ec . 1773. The President is authorized to make out and
deliver, after the adjournment of the Senate, commissions
for all officers whose appointments have been advised and
consented to by the Senate.
S ec . 1774. Whenever the President, without the advice
and consent of the Senate, designates, authorizes, or em
ploys any person to perform the duties of any office, he
shall forthwith notify the Secretary of the Treasury thereof;
and the Secretary of the Tresaury shall thereupon communi
cate such notice to all the proper accounting and disbursing
officers of his Department.
STANDING ORDERS OF THE SENATE.
193
Sec . 1775. Tho Secretary of the Senate shall, at the close
of each session thereof, deliver to the Secretary of the
Treasury, and to each of the Assistant Secretaries of the
Treasury, and to each of the Auditors, and to each of the
Comptrollers in the Treasury, and to the Treasurer, and to
tho Register of the Treasury, a full and complete list, duly
certified, of all persons who have been nominated to and
rejected by the Senate during such session, and a like list
of all the offices to which nominations have been made and
not confirmed and filled at such session.
[r . s . i 76o to 1775 .
AN ACT TO REGULATE AND IMPROVE THE CIVIL SERVICE OF
THE UNITED STATES.
*
*
*
*
*
S ec . 10. That no recommendation of any person who
shall apply for office or place under the provisions of this
act which may be given by any Senator or Member of the
House of Representatives, except as to the character or
residence of the applicant, shall be received or considered
by any person concerned in making any examination or
appointment under this act.
S ec . 11. That no Senator, or Representative, or Terri
torial Delegate of the Congress, or Senator, Representa
tive, or Delegate elect, or any officer or employee of either
of said Houses, and no executive, judicial, military, or naval
officer of the United States, and no clerk or employee of any
Department, branch, or bureau of the executive, judicial,
or military or naval service of the United States, shall,
directly or indirectly, solicit or receive, or be in any manner
concerned in soliciting or receiving, any assessment, sub
scription, or contribution for any political purpose what
ever, from any officer, clerk, or employee of the United
194
ST A N D IN G ORDERS OF T H E S E N A T E .
States, or any Department, branch, or bureau thereof, oi
from any person receiving any salary or compensation
from moneys derived from the Treasury of the United States.
*
*
*
*
*
S ec . 14. That no officer, clerk, or other person in the serv
ice of the United States shall, directly or indirectly, give or
hand over to any other officer, clerk, or person in the service
of the United States, or to any Senator or member of the
House of Representatives, or Territorial Delegate, any
money or other valuable thing on account of or to be apphed
to the promotion of any political object whatever.
Sec . 15. That any person who shall be guilty of violating
any provision of the four foregoing sections shall be deemed
guilty of a misdemeanor, and shall, on conviction thereof,
be punished by a fine not exceeding five thousand dollars,
or by imprisonment for a term not exceeding three years,
or by such fine and imprisonment both, in the discretion of
the court.
[22S ta ts., 403.
CLEAVES’ MANUAL
OF
THE LAW AND PRACTICE
IN R E G A R D TO
CONFERENCES
AND CONFERENCE REPORTS.
195
INDEX TO CLEAVES’ MANUAL.
After a conference denied..................................................................................
Amendment of conference report....................................................................
Appointment of conferees..................................................................................
Asked, when a conference is......................................... T.................................
Authority of conference committees..............................................................
Character of conference.................................................................
Committees and reports, conference...............................................................
Conferees:
Requests for....................................................................................................
Appointment of...............................................................
Discharge of....................................................................................................
Instructions to................................................................................................
Conference, after a free.......................................................................................
Conferences, either simple or free.....................................................................
Conferences and conference reports, the law and practice in regard to.
Conferences as stated in Jefferson’s Manual, parliamentary law relat
ing to .....................................................................................................................
Conferences, character of....................................................................................
Conferences may be asked.................................................................................
Conference:
Free....................................................................................................................
Simple...............................................................................................................
Conference committees, authority of..............................................................
Page.
201
211
204
201
206
202
206
203
204
205
206
201
202
199
199
202
200
202
202
206
Conference committees and reports................................................................
Conference reports:
206
Amendment of...............................................................................................
Effects of, rejection of.................................................................................
Form of.............................................................................................................
Reference and recommitment of.............................................................
Tabling of........................................................................................................
Withdrawal of.................................................................................................
Presentation and privilege of....................................................................
Required by House Rule X X I X , form of statement to accom
pany a ...........................................................................................................
211
210
213
211
212
212
208
197
214
'
198
INDEX TO CLEAVES’ M A N U A L .
Page.
Impeachment
Rules
JDenied, after a conference.................................................................................
Discharge of conferees............................................. •...........................................
Form of conference report..................................................................................
Form of statement to accompany a conference report required by
House Rule X X I X ...........................................................................................
/
201
205
213
214
Free conference......................................................................
House, conferences must always be asked for by House having the
papers...................................................................................................................
House Rule X X I X , form of statement to accompany a conference
report required b y ................................................................................................
Instructions to conferees.....................................................................................
Law and practice in regard to conferences and conference reports,
the..........................................................................................................................
Parliamentary law relating to conferences...................................................
Presentation and privilege of conference reports.......................................
Privilege of conference reports, presentation and........................................
Practice in regard to conferees and conference reports, the law a n d ..
Recommitment of conference reports, reference and...............................
Reference and recommitment of conference reports................................
Rejection of conference reports, effect of, etc................................................
Report can not be amended, conference......................................................
Report, form of conference....................................................................................
202
199
199
208
208
199
211
211
210
211
213
Reports:
Amendment of conference........................................................................
211
203
214
206
Conference committee and...........................................................................
206
Effect of, etc., rejection of conference......................................................
210
Presentation and privilege of conference.................................................
208
Reference and recommitment of conference......................................
211
Tabling of conference.....................................................................................
212
The law and practice in regard to conference and conference
reports...........................................................................................................
199
Withdrawal of conference..............................................................................
212
Requests for conferences................... .................................................................
Simple conference.................................................................................................
Statement to accompany a conference report required by House Rule
X X I X , form of......................................................................................................
Tabling of conference reports...............................................................................
The request of a conference must always be asked by the House
having the papers..............................................................................................
When a conference is asked...............................................................................
Withdrawal of conference reports..................................................................
203
202.
214
212
203
201
212
Co n fer ences.
1. Parliamentary law relating to conferences as stated in
Jefferson’s Manual, Section X L V I:
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 matters depending between them. The request of a
conference, however, must always be by the House which
is possessed of the papers (3 Hats., 31; 1 Grey, 425.)
Conferences may either be simple or free. At a confer
ence 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, 144.)
Idle other
House then, if satisfied, vote the reasons satisfactory, or
say nothing; if not satisfied, they resolve them not satis° Collated and prepared by Thomas P. Cleaves, Clerk to the Committee
on Appropriations, United States Senate, and reported to the Senate by
Mr. Allison, First Session, Fifty-seventh Congress, under the following
resolution of June 6, 1900:
“ Resolved, That the Committee on Appropriations cause to be prepared
for the use of the Senate a manual of the law and practice in regard to
conferences and conference reports. ’ ’
199
(UOSJdjjof
[ N o t e .— The figures in parentheses at the end of rules refer to sections of
Hinds’ Parliamentary Precedents (H. R. Doc. 355, 59-2), where decisions
and proceedings may be found. The notes and references inserted are
additional to those in the work, and not found therein.]
200
CONFERENCES AND CONFERENCE REPORTS.
factory and ask a conference, on the subject of the last con
ference, 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 mis
carriage of a necessary measure is not imputable to them.
(3 Grey, 255.) A t free conferences the managers discuss,
viva voce and freely, and interchange propositions for such
modifications as may be made in a parliamentary way, and
may bring the sense of the two Houses together. And each
party reports in writing to their respective Houses the
substance of what is said on both sides, and it is entered
in their journals. (9 Grey, 220; 3 Hats., 280.) 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, 341.)
In which case the papers are not left
with the other conferees, but are brought back to be the
foundation of the vote to be given. And this is the most
reasonable and respectful proceeding; for, as was urged
by the Lords on a particular occasion, “ it is held vain, and
below the wisdom of Parliament, to reason or argue against
fixed resolutions and upon terms of impossibility to per
suade.”
(3 Hats.,
226.)
So
the Commons, say,
“ 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 Commons had asked
a free conference after they had made resolutions of adhering.
It was then affirmed, however, on the part of the Commons,
CONFERENCES AND CONFERENCE REPORTS.
201
that nothing was more parliamentary than to proceed with
free conferences after adhering (3 Hats., 369), and we do in
fact see instances of conference, or of free conference, asked
after the resolution of disagreeing (3 Hats., 251, 253, 260,
286, 291, 316, 349); of insisting (ib., 280, 296, 299, 319, 322,
355); of adhering (269, 270, 283, 300), and even of a second
or final adherence.
(3 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 they were left on the table in the conference
chamber. (Ib., 271, 317, 323, 354; 10 Grey, 146.)
After a free conference the usage is to proceed with free
conferences, and not to return again to a conference.
Hats., 270; 9 Grey, 22.9.)
(3
After a conference denied a free conference may be asked.
(1 Grey, 45.)
When a conference is asked the subject of it must be
expressed or the conference not agreed to. (Ord. H. Com.,
89; 1 Grey, 425; 7 Grey, 31.)
They are sometimes asked to
inquire concerning an offense or default of a member of the
other House.
(6 Grey, 181; 1 Chand., 204.)
Or the failure of
the other House to present to the King a bill passed by both
Houses. (8 Grey, 302.) Or on information received and
relating to the safety of the nation. (10 Grey, 171.) Or
when the methods of Parliament are thought by the one
House to have been departed from by the other a conference
is asked to come to a right understanding thereon. (10
Grey, 148.) So when an unparliamentary message has been
sent, instead of answering it, they ask a conference.
(3
202
CONFERENCES AND CONFERENCE REPORTS.
Grey, 155.) Formerly an address or articles of impeach
ment, or a bill with amendments, or a vote of the House,
or concurrence in a vote, or a message from the King, were
sometimes communicated by way of conference. But this is
not the modern practice.
(1366.)
[Senate Manual, 1901, p. 137; House Manual, 56th Cong., 2d sess., p. 207.
C
h a r a c t e r
o f
C
o n f e r e n c e s
.
2. Conferences may either be simple or free.
(Jefferson’s
Manual, Section X L V I.)
[ N o t e .— This rule and the definition and description of the two kinds of
conferences are found in the foregoing section. Vice-President Hamlin,
in ruling upon a question of order in the Senate in the Thirty-eighth Con
gress, stated the rule and the distinction between free and simple confer
ences as follows:
“ Conferences are of two characters, free and simple. A free conference
is that which leaves the committee of conference entirely free to pass upon
any subject where the two branches have disagreed in their vote, not,
however, including any action upon any subject where there has been a
concurrent vote of both branches. A simple conference— perhaps it should
more properly be termed a strict or a specific conference, though the par
liamentary term is simple— is that which confines the committee of con
ference to the specific instructions of the body appointing i t . ” (Thirtyeighth Congress, first session, Congressional Globe, Part I, p. 900.)
Speaker Reed, in his Manual of General Parliamentary Law, chapter X V ,
section 242, states that “ A free conference is one where the conferees meet
and present not only the reasons of each House, but such arguments and
reasons and persuasions as seem suitable to each member of the committee.
Instead of being confined to reasons adopted by either House, each mem
ber may present his own. A conference may therefore be a free conference
though each House may have instructed its members and limited them to
the terms of the agreement. This method of conference is the only one
known to our parliamentary Jaw; at least, it is the only one now in prac
tice. When two legislative bodies in this country have a conference, it is
a free conference
*
*
*
.”]
CONFERENCES AND CONFERENCE REPORTS.
eq u ests
for
Co n fe r e n c e .
3.
The request for a conference must always be made by
the House in possession of the papers. (1366.)
(Jefferson’s Manual, Sec. X L V I
4. The motion to ask for a conference comes properly
after the motion to disagree, insist, or adhere. (1367.)
5. A conference may be asked before there has been a
disagreement. (1366.)
j^ i iai ^uosjqjpf
R
203
6. After one House has adhered the other may recede or
ask a conference, which may be granted by the other House.
(1358 1361.)
[23d Cong., 1st sess., Sen. Jour., p. 112; Sen. Jour., vol. 2, pp. 70, 71;
Sen. Jour., vol. 5, pp. 657, 661; Jefferson’s Manual, Sec. X L V I.
FW l
(48th Cong., 1st sess., Sen. Jour., pp. 628, 642-643; Jefferson’s Manual, Sec. X L V I.
7. The House may agree to a conference without recon
sidering its vote to adhere. (1362.)
8. Instances have occurred where one House has adhered
at once and has even refused a conference. (1363.)
[N o t e .— In Section X L V , Jefferson’s Manual, it is stated that “ Either
House is free to pass over the term of insisting, and to adhere in the first
instance, but it is not respectful to the other. In the ordinary parliamen
tary course there are two free conferences, at least, before an adherence.” ]
9. Where one House has voted at once to adhere, the
other may insist and ask a conference; but the motion to
recede has precedence.
(1364.)
10. One House may disagree to the amendment of the
other, leaving it for the latter House to ask for the confer
ence as soon as the vote of disagreement is passed. (1368.)
11. The amending House may insist at once upon its
amendments, and ask for a conference. (1370-1371.)
[48th Cong., 1st sess., Sen. Jour., pp. 628, 642, 643; Cong. R ec., pp. 3974~&)98
12. The request of the other House for a conference may
bo referred to a committee.
[i9th con g., 1 st sess., Sen. Jour., P. 302; 49th Cong.,
1st sess., Ho. Jour., pp. 2292, 2293; Cong. R ec., p. 7332.'I
I
»
.. V
CONFERENCES A N D
C O N FE R E N C E REPORTS.
13. Where a conference committee is unable to agree,
or where a report is disagreed to, another conference is
usually asked for and agreed to. (1384-1388.)
14. Before the stage of disagreement has been reached,
the request of the other House for a conference gives the
Impeachment Rules
bill no privilege over the other business of the House.
(1374, 1375.)
15. The conference on a disagreement as to Senate
amendments to a House bill having failed, the Senate
reconsidered its action in amending and passing the bill,
passed it with a new amendment, and asked a new con
ference. [55th Cong., 3rd sess., Cong. Rec., pp. 317, 439, 628, 631, 2303, 2360, 2362, 2770.
16. The motion to insist and ask a conference has prece
dence of the motion to instruct conferees.
(1376-1379.)
Co n f e r e e s .
APPOINTMENT OF CONFEREES.
17.
Statement of principles governing the selection of
conferees on the part of the House (1383), namely:
[ N o t e .— These principles and provisions are also applicable to the
Senate and in harmony with its practice.]
The House members of conference committees, called
the managers on the part of the House, are appointed by
the Speaker.
[ N o t e .__The
Senate members of conference committees, called the
managers on the part of the Senate, are appointed by the Presiding Officer,
by unanimous consent, under the custom of the Senate. Rule X X I \ ,
clause 1, provides that all committees of the Senate shall be appointed by
ballot unless otherwise ordered.]
They are usually three in number, but on important
measures the number is sometimes increased.
In the selec-
CONFERENCES AND CONFERENCE REPORTS-
205
tion of the managers the two large political parties are
usually represented, and, also, care is taken that there shall
be a representation of the two opinions which almost always
exist on subjects of importance. Of course the majority
party and the prevailing opinion have the majority of the
managers. * * *
It is also almost the invariable practice to select managers
from the members of the committee which considered the
bill. * * * But sometimes in order to give representa
tion to a strong or prevailing sentiment in the House the
Speaker goes outside the ranks of the committee. * * *
The managers of the two Houses while in conference vote
separately, the majority determining the attitude to be
taken toward the propositions of the other House.
When
the report is made the signatures of a majority of each
board of managers are sufficient. The minority managers
frequently refrain from signing the report, and it is not
unprecedented for a minority manager to indorse his pro
test on the report.
18. WTten conferees have disagreed or a conference report
has been rejected, the usual practice is to reappoint the
managers, although it seems to have been otherwise in
former years.
(1383.)
19. Conferees having been appointed, it is too late to recon
sider the vote whereby the House has disagreed to a Senate
amendment.
(1205.)
D IS C H A R G E
OF
CONFEREES.
20. WTnle a conference asked by the House was in pro
gress on the House’s disagreement to Senate amendments,
by a special order the House discharged its conferees, re-
Index to Sen. Riilefc
206
CONFERENCES
AND
CONFERENCE
REPORTS.
ceded from its disagreement, and agreed to the amend
ments. (1373.)
[ N o t e .— Similar action w a s taken b y the Senate under like circum
stances in the Forty-second Congress (Forty-second Congress, second
session, Senate Journal, p. 1028).]
INSTRUCTIONS TO CONFEREES.
21. I t is in order to instruct conferees, and the resolution
Impeachment Rules I.
of instruction should be offered after the House has voted
to insist and ask a conference and before the conferees have
been appointed.
(1376-1379.) [38thCong.,2dsess., Sen. J o u r.,p .268; 39th
Cong., 1st sess., Sen. Jour., p. 782, 784; 40th Cong., 2d sess., Sen. Jour., p. 119.
22. It is not the practice to instruct conferees before they
have met and disagreed. (1380.)
23. It is not in order to give such instructions to conferees
as would require changes in the text to which both Houses
have agreed. (1380.)
Rules for Sen. Wing- Cap, I
24. The House having asked for a free conference, it is not
in order to instruct the conferees.
25. The motion
(1381.)
to instruct conferees is amendable.
(1390.)
[40th Cong., 2d sess., Sen. Jour., p. 119.
26. A conference report may be received although it may
be in violation of instructions given to the conferees. (1382.)
CONFERENCE COMMITTEES AND REPORTS.
auth ority of conference committees .
27. A conferep.ee committee is practically two distinct
'•'iiMulmr. Orders of rh® ksn.
committees, each of which acts by a majority.
(1401.)
28. Conference reports m ust be signed by a m ajority of
the managers on the part of each Hoyse. They are made
in duplicate for the managers to present to their respective
CONFERENCES AND CONFERENCE REPORTS.
207
Houses, the signatures of the managers of each House ap
pearing first on the report that is to be presented to the
House they represent.
o t e .—
See form of conference report appended.]
29. Conferees may not include in their report matters not
committed to them by either House.
(1414-1417.) [50th Cong.,
1st sess., Sen. Jour., pp. 1064, 1065; 54th Cong., 2d sess., Sen. Jour., pp. 90, 91, 96
In the House, in case such matter is included, the confer
ence report may be ruled out on a point of order. (See
Rule 50, below.)
In the Senate, in case such matter is included, the custom
is to submit the question of order to the Senate.
[ N o t e .— In the Fifty-fifth Congress, first session, Vice-President
Hobart, in overruling a point of order made on this ground against a
conference report during its reading in the Senate, stated that the report
having been adopted by one House and being now submitted for discussion
and decision in the form of concurrence or disagreement, it is not in the
province of the Chair during the progress of its presentation to decide that
matter has been inserted which is new or not relevant, but that such ques
tions should go before the Senate when it comes to vote on the adoption or
rejection of the report. (55th Cong., 1st sess., Sen. Jour., pp. 171, 172;
Cong. Rec., pp. 2780-2787.) See also Cong. Rec., p. 2827, 56th Cong.
2d sess., when the Presiding Officer (Mr. Lodge in the chair) referred with
approval to the foregoing decision of Vice-President Hobart, and stated
that when a point of order is made on a conference report on the ground
that new matter has been inserted, the Chair should submit the question
to the Senate instead of deciding it himself, as has been the custom in the
House. No formal ruling was made in this case, however, as the conference
report, after debate, was, by unanimous consent, rejected. (56th Cong., 2d
sess., Cong. Rec., pp. 2826-2883.)]
30. Conferees mayr not strike out in conference anything
in a bill agreed to and passed by both Houses. (1321.)
[Jefferson’s Manual, Sec. X L V .
31. Conferees may include in their report matters which
are germano modifications of subjects in disagreement
6 9 4 5 4 °— S. D o c. 3 49 , 6 7 - 4 -------14
Jefferson1
[N
Index to Sen. Rules
between the Houses and committed to the conference.
(1418-1419.)
32. A disagreement to an amendment in the nature of
a substitute having been referred to conferees, it was held
to be in order for them to report a new bill on the same
subject. (1420.)
33. A conference committee may report agreement as to
Impeachment Rules
some of the matters of difference, but inability to agree as
to Others. (1392.)
[29th Cong., 1st sess., Sen. Jour., pp. 523-524.
34. In drafting a conference report care should be taken
in stating the action of the conferees on amendments to
observe the parliamentary rule that neither House can
recede from or insist on its own amendment with an amend
ment; and in case pages and lines of the bill or amendments
are referred to in the report, the engrossed bill and amend
ments only should be used.
P R E S E N T A T IO N
AND
P R IV IL E G E
OF
CONFERENCE
REPORTS.
35. A conference report is made first to the House agree
ing to the conference.
[ N o t e .— This rule seems to follow from the principle laid down b y
Jefferson (Manual, Sec. X L Y I), that “ 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,” thus putting the agreeing
House in possession of the papers, and has been the usual practice in
Congress.]
36. Conference reports are in order in the Senate under
Rule X X V II, as follows:
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 motion to adjourn is pending,
or while the Senate is dividing; and when received, the ques
*
CONFERENCES AND CONFERENCE REPORTS.
209
tion of proceeding to the consideration of the report, if raised,
shall he immediately put, and shall be determined without
debate.
5511).]
Conference reports are in order in the House under
Rule X X I X , as follows:
The presentation of reports of committees of conference
shall always bo in order except when the journal is being
read, while the roll is being called, or the House is dividing
on any proposition. And there shall accompany any such
report a detailed statement sufficiently explicit to inform
the House what effect such amendments or propositions
shall have upon the measures to which they relate.
[ N o t e .— This detailed statement is not required by the rules of the
Senate, but the result of the conference is usually stated orally by the
chairman of the Senate conferees.]
38. A conference report may not be received by the House
if no statement accompanies it. (1404-1405.)
39. Whether or not the detailed statement accompanying
a conference report is sufficient to comply with the rule
(X X IX ) is a question for the House, and pot for the Speaker,
to determine.
(1402-1403.)
40. A conference report may be presented after a motion
to adjourn has been made or when 'a Member is occupying
the floor for debate, but the report need not be disposed of
before the motion to adjourn is put. (1393-1395.)
41. A conference report is in order pending a demand for
the previous question.
(55thCong., 3dsess., Cong. R ec., p. 867.
[N
o t e .—
In the Senate the previous question is not in use.]
IVIanl - Quit, of ln«l<yonrU>mv_______ V:.'. "v.'
37.
Jcflbrsof^S
[ N o t e .— It has been held in the Senate that the presentation of a confer
ence report includes its reading, unless by unanimous consent the reading
is dispensed with (54th Cong., 1st sess., Sen. Jour., p. 334; Cong. Rec., p.
210
CONFERENCES AND CONFERENCE REPORTS.
42. A conference report has been given precedence over a
question of privilege. (1397.)
43. A conference report may be presented during the time
set apart for a special order for the consideration of another
measure. (1400.)
44. A conference report may be presented after a vote by
tellers and pending the question on ordering the yeas and
nays. (1399.)
45. A conference report has precedence of the question on
the reference of a bill, even though the yeas and nays have
been ordered. (1398.)
46. The consideration of a conference report may be
interrupted by the arrival of the hour previously fixed for a
recess. (1396.)
47. The question on the adoption of a final conference
report has precedence of a motion to recede and concur in
amendments of the other House, [oath Cong., 3d sess., Cong. R ec., p. 2927
R E J E C T IO N
OF
CONFERENCE
REPORTS,
EFFECT
OF,
ETC.
48. A bill and amendments having been once sent to con
ference, do not, upon the rejection of the conference report,
return to their former state so that the amendments may be
sent to the Committee of the Whole. (1389.)
49. The rejection of a conference report leaves the matter
in the position it occupied before the conference was asked.
(1390.)
50. When a conference report is ruled out on a point of
order in the House it is equivalent to a negative vote on the
report, and the Senate is informed by message that the
House has “ disagreed” to the report. (1417.)
211
CONFERENCES AND CONFERENCE REPORTS.
AMENDM ENT
OF
CONFERENCE
REPORTS.
51. It is not in order to amend a conference report, and it
must be accepted or rejected as an entirety.
(1366.)
[Jefferson’s Manual, Sec. X L V I ; 4th Cong., 1st sess., Sen. Jour., p. 270.
[ N o t e .— Various instances are found where conference reports agreed
to by both Houses were amended and corrected by concurrent resolution
or order. (43d Cong., 2d sess., Sen. Jour., pp. 372, 373, Ho. Jour., p. 610;
Cong. Rec., p. 1990; 44th Cong., 1st sess., Sen. Jour., pp. 581, 708, Ho.
Jour., pp. 1087, 1252; 48th Cong., 1st sess., Sen. Jour.Jp. 859.)]
REFERENCE
AND
R E C O M M IT M E N T
OF
CONFERENCE
REPORTS.
52. A conference report may not be referred to a standing
committee.
(1413.)
53. A conference report may not be referred to the Com
mittee of the Whole, although in the earlier history of the
House this was sometimes done. (1410, 1411.)
54. It is not in order in the House to recommit a confer
ence report to the committee of conference. (1412.)
[ N o t e .— This rule is founded upon the decision of Speaker Carlisle
(49th Cong., 2d sess., Cong. Rec., p. 880), which has been affirmed by
subsequent Speakers, but prior to that time many instances had occurred
of recommitting conference reports to the committee of conference.]
55. It is in order in the Senate to recommit a conference
report to the committee of conference, but not with instruc
tions, according to the later decisions. [42d Cong., 3d sess., sen. Jour.,
PP. 313,554-557; 43d Cong., 1st sess., Sen. Jour., p. 865; 44th Cong., 1st sess., Sen. Jour., p. 211!
49th Cong., 2d sess., Sen. Jour., p. 151; 55th Cong., 3d sess., Cong. R ec., pp. 2823, 2842-3.
[ N o t e .— Inasmuch as concurrent action is necessary for the recom
mittal of a conference report, the foregoing rule of the House has necessi
tated a change in the practice, and no effort has been made by the Senate
in late years to recommit a conference report. The purpose of a recom
mittal can be attained, however, by a rejection of the report, when another
conference would be ordered, and in accordance with usage the same
conferees would be appointed.]
Digitizedi for FRASER
Impeachment Rules
Index to Sen* Rules
212
CONFERENCES
T A B L IN G
AND
OF
CONFERENCE
CONFERENCE
REPORTS.
REPORTS.
56.
The House has formally discarded the old practice of
allowing conference reports to be laid on the table. (14071409.)
[ N o t e . — The effect of the motion to lay on the table in the House
defeats the proposition. It is never taken up again. Hence a conference
report can not be laid on the table; otherwise a conference report might
be put beyond the reach of either House. (Reed’s Parliamentary Rules,
Chap. V II I, sec. 115.)]
57. The Senate practice allows conference reports to be laid
O n the table.
[43d Cong., 2d sess., Sen. Jour., p. 433; Cong. R ec., pp. 2205- 2206.
[ N o t e .— The effect of the motion to lay on the table in the Senate,
unlike that in the House, is simply to suspend the consideration of a
question during the pleasure of the Senate, which can be again taken up
on motion.]
58. A. motion to reconsider the vote on agreeing to a con
ference report may be laid on the table in the Senate without
carrying the report. [44th Cong., 1st sess., Sen. Jour., p. 234; Cong. R e c.,p . 1253,
1254; Senate Manual (1901), Rule X I I I , clause 1, p. 13.
W IT H D R A W A L
OF
CONFERENCE
REPORTS.
59.
A conference report may be withdrawn in the Senate
on leave, and in the House by unanimous consent.
[ N o t e . — In the 32d Congress, a conference report having been agreed
to in the Senate, the vote was reconsidered, the bill returned from the
House on request of the Senate, and the committee of conference had
leave to withdraw its report. (32d Cong., 2d sess., Sen. Jour., p. 420.)]
F orm
of
Conference R eport .
---------- Congress,----------- Session.
H . R . [or S., as may be] N o .-----------
CONFERENCE
REPORT.
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate [or House, as
may be] to the Bill [or Resolution, as may bel (H. R. [or S.,
as may be] ---------), [title here] having met, after full and
free conference have agreed to recommend and do recommend
to their respective Houses as follows:
That the Senate [or House, as may be] recede from its
amendments numbered * * *.
That the House [or Senate, as may be] recede from its dis
agreements to the amendments of the Senate [or House, as
may be] numbered * * * and agree to the same.
Amendment numbered ---------:
T hat the House [or Senate, as may be] recede from its dis
agreement to the amendment of the Senate [or House, as
may he] numbered ---------■, and agree to the same with an
amendment, as follows: * * * ; and the Senate [or
House, as may be] agree to the same.
Amendment nu m b ered ---------:
That the Senate [or House, as may be] recede from its dis
agreement to the amendment of the House [or Senate, as
may be] to the amendment of the Senate [or House, as may
be] num bered----------, and agree to the same.
Amendment numbered ---------:
That the Senate [or House, as may be] recede from its dis
agreement to the amendment of the House [or Senate, as
213
CONFERENCES
AND
CONFERENCE
REPORTS.
may be] to the amendment of the Senate [or House, as may
be] numbered ---------, and agree to the same, with an
amendment, as follows: * * * ; and the House [or
Senate, as may be] agree to the same.
Amendments nu m b ered ---------:
On the amendments of the Senate [or House, as may be]
numbered ---------, the committee of conference have been
unable to agree.
(Signatures here.)
(Signatures here.)
Managers on the
part of the -
Managers on the
part of the -
FORM O F STATE M E N T TO ACCOM PAN Y A CO N FEREN CE
R E Q U IR E D
BY
H OUSE
RULE
REPORT
X X IX .
The managers on the part of the House at the conference
on the disagreeing votes of the two Houses on the amend
ments of the Senate [or House, as may be] to the bill [or
resolution] [number and title here] submit the following
detailed statem ent in explanation of the effect of the action
agreed upon and recommended in the conference report,
namely—
*
*
*
*
*
(Signatures here.)
Managers on the part o f the House.
4
idt'oomleuiv .
•' •
v r' ' : -
JEFFERSON’S MANUAL
OF
PARLIAMENTARY PRACTICE
W IT H R E F E R E N C E S TO
ANALOGOUS SEN ATE RU LES
215
PREFACE TO JEFFERSON’S MANUAL.
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 posssessed 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 refer
ences 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
deavored to collect and digest so much of these as is called for in ordinary
practice, 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
217
218
P R EFA C E TO JE F F E R SO N ’ S M A N U A L .
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.
notoriety.
The statement of these must rest on their
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.
*
CONTENTS OF JEFFERSON’S MANUAL.
Page.
Reading......................................................................................................
22
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........................................................................................
Privileged questions..............................................................................
23
24
25
26
27
28
29
30
31
32
219
I
252
253
253
253
254
258
258
259
259
261
263
33 264
ddnopuodo^m jo "p* >(i
Sec.
Preface..............................................................................................................
217
Rules, importance of..........................................
1
221
Legislature......................................................................................................
2
222
Privilege..........................................................................................................
3
222
Elections..........................................................................................................
4
230
Qualifications.................................................................................................
5
230
Quorum....................................................
6
234
Call of the House..............................................................................................
7 234
Absence............................................................................................................
8
235
Speaker.............................................................................................................
9
235
Address............................................................................................................... 10 236
Committees........................................................................................................ 11 237
Committee of the Whole............................................................................... 12 238
Examination of witnesses.................................................................
13240
Arrangement of business............................................................................... 14 241
Order................................................................................................................... 15 243
Order, respecting papers............................................................................... 16 243
Order, in debate............................................................................................ 17
244
Orders of the House....................................................................................... 18 249
Petitions............................................................................................................. 19 251
Motions................................................................................................................ 20 251
Resolutions........................................................................................................ 21 252
Bills:
220
CONTENTS OF JEFFERSON’S MANUAL.
Bills— Continued.
Sec. Page.
Previous question...................................................................................
34 271
Amendments............................................................................................ 35 274
Division of question............................................................................... 36 278
Coexisting questions............................................................................... 37 280
Equivalent questions............................................................................. 38 280
The question............................................................................................. 39 282
Third reading............................................................
Division of the H ouse................................................................
41284
Titles..............................................................................
Reconsideration....................................................................................... 43 289
Sent to the other House........................................................................ 44 292
Amendments between the Houses............................................................ 45 292
Conferences........................................................................................................ 46 294
Messages.............................................................................................................. 47 297
Assent.................................................................................................................. 48 299
Joumajs............................................................................................................... 49 300
Adjournment..................................................................................................... 50 301
Session.......................... .•.................................................................................. 51
302
Treaties...................................................................
Impeachment...................................................................................................
53 306
I
V
40282
42289
.
f
K
52304
JEFFERSON’S MANUAL OF PARLIAMENTARY
PRACTICE.
IMPORTANCE OF RULES.
SEC. I .
IM PORTANCE OF 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 ma
jority of the House of Commons, than a neglect of, or de
parture 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 minority can defend themselves
against similar attempts from those in power are the forms
and rules of proceeding which have been adopted as they
were found necessary, from time to time, and are become the
law of the House, by a strict adherence to which the weaker
party can only be protected from those irregularities and
abuses which those forms were intended to check and which
the wantonness of power is but too often apt to suggest to
largo and successful majorities. 2 Hats., 171, 172.
And whether these forms be in all cases the most rational or
not, is really not of so great importance. It is much more
Jeffe
r s o n ’s
m a n u a l
.
material 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 cap
tiousness of the members. It is very material that order,
decency, and regularity be preserved in a dignified public
body. 2 Ilats., 149.
SEC. II.
L E G IS L A T U R E .
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. Constitution of the
United States, Art. 1, sec. 1.
The Senators and Representatives shall receive a com
pensation for their services, to be ascertained by law, and
paid out of the Treasury of the United States. Constitution
o f the United States, Art. I, 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.
P R IV IL E G E .
The privileges of members of Parliament, from small and
obscure beginnings, have been advancing for centuries with
a firm and never-yielding pace. Claims seem to have been
brought forward from time to time, and repeated, till some
example of their admission enabled them to build law on
that example. We can only, therefore, state the points of
progression at which they now are. It is now acknowledged :
1. That they are at all times exempted from question ^else
where, for anything said in their own House; that during
the time of privilege. 2. Neither a member himself, his1
wife, nor his servants (famihares sui), for any matter of
their own, may be 3 arrested on mesne process in any civil1
2
1 Order of the House of Commons, 1663, July 16.
2Elsynge, 217; 1 Hats., 21; 1 Grey’s Deb., 133.
I
Je f f e r s o n ’s m a n u a l .
223
suit. 3. Nor be detained under execution, though levied
before time of privilege. 4. Nor impleaded, cited, or sub
poenaed in any court. 5. Nor summoned as a witness or
juror. 6. Nor may their lands or goods be distrained. 7.
Nor their persons assaulted or characters traduced. And
the period of time covered by privilege, before and after the
session, with the practice of short prorogations under the
connivance of the Crown, amounts in fact to a perpetual
protection against the course of justice. In one instance,
indeed, it has been relaxed by the 10 G. I ll, c. 50, which
permits judiciary proceedings to go on against them. That
these privileges must be continually progressive seems to
result from their rejecting all definition of them, the doc
trine being that “ their dignity and iudependence are pre
served by keeping their privileges indefinite; apd that 'the
maxims upon which they proceed, together with the method
of proceeding, rest entirely in their own breast, and are not
defined and ascertained by any particular stated laws.’ ”
1 Blackst., 163, 164..
I t was probably from this view of the encroaching character
of privilege th at the framers of our Constitution, in their
care to provide th at the laws shall bind equally on all, and
especially th a t those who make them shall not exempt
themselves from their operation, have only privileged Sena
tors and Representatives 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 questioned in any other place for any
speech or debate in either House. Constitution United States,
Art. I, sec. 6. Under the general authority to make all laws
necessary and proper for carrying into execution the powers
given them ( Constitution United States, Art. I, sec. 8), thev
may provide by law the details w'hich may be necessary for
giving full effect to the enjoyment of this privilege. No such
0 9 4 5 4 °— S. D o c . 3 49 , 67—4------ 15
224
Je f f e r so n ’s m a n u a l .
law being as yet made, it seems to stand at present on the fol
lowing ground: 1. The act of arrest is void ab initio. (2 Stra.,
989.) 2. The member arrested may be discharged on motion
(1 Bl., 166; 2 Stra. ,990), or by habeas corpus, under the Federal
or State authority, as the case may be; or by a writ of privi
lege 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 con
cerned 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 cdses, 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
convenient time was to be understood.”
(1580.) 1 Hats., 99, 100. Nor is the law so strict in point
of time as to require the party to set out immediately on his
return, but allows him time to settle his private affairs, and
to prepare for his journey; and does not even scan his road
very nicely, nor forfeit his protection for a little deviation
from that 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
testificandum, or a summons on a jury; and with reason,
because a member has superior duties to perform in another
place. When a Representative is withdrawn from his
Je f f e r s o n ’s m a n u a l .
225
'A c"
VA-a
Jo
Deck of In*!yoiuii'MCi' _
seat by summons, the 40,000 people whom he represents
lose their voice in debate and vote, as they do on his volun
tary absence; when a Senator is withdrawn by 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 Representatives committed two persons of the
name of Randall and Whitney for attempting to corrupt
the integrity of certain members, which they considered as
a contempt and broach 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 repri
manded by the Speaker. In March, 1796, the House of
Representatives voted a challenge given to a member of
their House to bo 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 defamatory of tho Senate, and failed in his
appearance, ho was ordered to be committed. In 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 func
tionaries are essentially invested with the powers of selfpreservation; that they have an inherent right to do all acts
necessaiy to keep themselves in a condition to discharge the
trusts confided to them; that whenever authorities are given,
the means of carrying them into execution are given by
necessary 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 intruder who may enter our doors or gallery, and,
226
Je f f e r s o n ’s m a n u a l .
by noise anil tumult, render proceeding in business im
practicable; that if our tranquillity is to be perpetually
disturbed by newspaper defamation, it will not be possible
to exercise our functions with the requisite coolness and
deliberation; and that we must therefore have a power to
punish these disturbers of our peace and proceedings. To
this it was answered that the Parliament and courts of
England have cognizance of contempts by the express
provisions of their law; that the State legislatures have equal
authority, because their powers are plenary; they represent
their constituents completely, and possess all their powers,
except such as their constitutions have 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
Go\ emment by the same State laws adopted in each State,
by a law of Congress; that none of these bodies, therefore,
derive those powers from natural or necessary right, but
from express law; that Congress have no such natural or
necessary power, nor any powers but such as are given
them by the Constitution; that that has given them, directly,
exemption from personal arrest, exemption from question
elsewhere for what is said in their House, and power over
their own members and proceedings; for these no further
law is necessary, the Constitution being the law; that
moreover, by that article of the Constitution which author
izes them “ to make all laws necessary and proper for carry
ing 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
unprotected, the ordinary magistrates and courts of law
being open and competent to punish all unjustifiable dis
turbances or defamations, and even their own sergeant
who may appoint deputies ad libitum to aid him (3 G r e y
Jeffe
r so n ’s
m a n u a l
.
227
'
o f '/j:
\rz V
Dock of liidepotniciitv
59, 147, 255) t is equal to small disturbances; that in re
quiring a previous law the Constitution had regard to the
inviolability of the citizen, as well as of the member; as‘
should one House, in the regular form of a bill, aim at too
broad privileges, it may be checked by the other, and both
by the President; and also, as the law being promulgated,
the citizen will know how to avoid 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 sen
tence both the law and the judgment on that fact; if the
offense is to be kept undefined and to be declared only
ex re nata and according to the passions of the moment,
and there be no limitation either in the manner or measure
of the punishment, the condition of the 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 till new laws. Perhaps Congress, in the meantime,
in their care for the safety of the citizen, as well as that for
their own protection, 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 them
selves 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. Memor., 107, 108;
D ’ Ewes, 642, col. 2, 643, col. 1; Pet. Miscel. P a ri, 119; Lex
P ari, c. 23; 2 Hats., 22, 62.
228
Je f f e r s o n ’s m a n u a l .
Every man must, at his peril, take notice who are mem
bers of either House returned of record. Lex Pari., 28;
4 Inst., 24.
On complaint of a breach of privilege, the party may
either be summoned or sent for in custody of the sergeant.
1 Grey, 88, 95.
The privilege of a member is the privilege of the House.
If the member waive it without leave, it is a ground for
punishing him, but can not in effect waive the privilege of
the House. 3 Grey, I 40, 222.
For any speech or debate in either House they shall not
be questioned in any other place. Constitution United
States, I, 6; S. P . protest o f the Commons to James I, 1621;
2 Rapin, No. 54, pp• 211, 212. But this is restrained to
things done in the House in a parliamentary course. 1 Rush.,
663. For he is not to have privilege contra morem parliamentarium 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. Lex Pari., 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, 450; 2 Grey, 399. 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. Scoh., 72; Lex Pari.,
c. 22.
It is a breach of order for the Speaker to refuse to put a
question which is in order. 1 Hats., 175-6 ; 5 Grey, 133.
And even in cases of treason, felony, and breach of the
peace, to which privilege does not extend as to substance,
yet in Parliament a member is privileged as to the mode of
Je f f e r s o n ’s m a n u a l .
229
proceeding. The case is first to be laid before the House,
that it may judge of the fact and of the grounds of the
accusation, and how far forth the manner of the trial may
concern their privilege; otherwise it would be in the power
of other branches of the Government, and even of every
private man, under pretenses 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 o f the Com. on the King's declaring Sir John Ilotham a
traitor. 4 Pushw., 586. So, when a member stood indicted
for felony, it was adjudged that he ought to remain of the
House till conviction; for it may be any man’s case, who is
guiltless, to be accused and indicted of felony, or the like
crime. 23 El., 1580; I)'Ewes, 283, col. 1; Lex 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., 250. Of which see
man3^ examples. 76., 256, 257, 258. But the communica
tion is subsequent to the arrest. 1 Blackst., 167.
It is highly expedient, says Hatsel, for the due preserva
tion of the privileges of the separate branches of the legis
lature, that neither should encroach on the other, or interfere
in any matter depending before them, so as to preclude, or
oven 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 parlia
mentary manner. 2 IJats., 252; 4 Inst., 15; Seld. Jud., 53.
Thus the King’s taking notice of the bill for suppressing
soldiers, depending before the House; his proposing a pro
visional clause for a bill before it was presented to him by the
JEFrERSO N’s MANUAL.
two Houses; his expressing displeasure against some persons?
for matters moved in Parliament during the debate and
preparation of a bill, were breaches of privilege {2 Nalson,
74'V; and in 1783, December 17, it was declared a breach of
fundamental privileges, etc., to report any opinion or
pretended opinion of the King on any bill or proceeding
depending in either House of Parliament, with a view to
influence the votes of the members. 2 Hats., 251, 6.
Impeachment
Rules
SEC. IV.
ELECTIONS.
The times, places, and manner of holding elections for
Senators and Representatives shall be prescribed in each
State by the legislature thereof; but the Congress may at
any time by law make or alter such regulations, except as to
the places of choosing Senators. Constitution, /, A.
Each House shall be the judge of the elections, returns, and
qualifications of its own members. Constitution 1, 5.
SEC. V.
QUALIFICATIONS.
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 onethird 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 legis
lature, which shall then fill such vacancies. Constitution, 1 ,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
¥
Je f f e r s o n ’s m a n u a l .
231
an inhabitant of that State for which he shall he chosen.
Constitution, I, 3.
The House of Representatives shall be composed of mem
bers chosen every second year by the people of the several
States; and the electors in each State shall have the qualifi
cations 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
attained the age of twenty-five years, hnd been seven years
a citizen of the United States, and who shall not, when
elected, bo an inhabitant of that State in which he shall be
chosen. Constitution, I, 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 determined by adding to the whole number of free per
sons, including those bound to service for a term of years,
and excluding Indians not taxed, three-fifths of all other
persons.] * The actual enumeration shall be made within
three years after the first meeting of the Congress of the
United States, and within every subsequent term of ten years,
in such maimer 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 Representa
tive. Constitution, I, 2.
The provisional apportionments of Representatives made
in the Constitution in 1787, and afterwards by Congress,
were as shown in table on pages 78 and 79.
When vacancies happen in the representation from any
State, the executive authority thereof shall issue writs of
election to fill such vacancies. Constitution, I, 2.
No Senator or Representative shall, during the time for
which he was elected, he appointed to any civil office under the
authority of the United States which shall have been created,
*Tlie portion of this clause of the Constitution within brackets lias been
amended by sec. 2 of Article 14, 2d section.
Provisional apportionments o f Representatives made in the Constitution in
1787, and afterwards by Congress.
State.
6
00
C'-l
0
0
©
§3
o
oo
7
8
6
5
7
4
o
00
1t-
New Hampshire....................... 3
Massachusetts............................ 8
1
Rhode Island............................
Connecticut...............................
5
V erm ont.....................................
N ew Y o r k .................................. •*6
4
N ew Jersey................................
8
Pennsylvania............................
1
Delaware....................................
6
Maryland...................................
Virginia....................................... 10
5
N orth Carolina.........................
South Carolina..........................
5
3
Georgia.......................................
4
14
5
17
2
2
7
2
10
7
4
17
5
13
6
6
6
6
18
23
26
28
1
8
1
2
1
9
9
23
13
9
9
r—
4
Ohio w .........................................
1
6
20
2
7
6
27
19 22
10 12
6 8
2 4 6
2 6 10
6
3
6
12 10
2 2
2
6 6 4
13
3
34
22
13
9
7
12
9
14
3
3
1
1
2
1
Mississippi20..............................
5
40
4
34
5
24
1
1
8 6
21 15
13
9
9
13
13
19
3
7
2
3
5
2
©
O0
3
5
3
5
3
11
2
10
2
11
2
4
3
33
5
25
4
3
31
5
24
4
3
33
7
27
1
6
5
6
1
7
7
5
9
7
7
1
2
4
1
2
2
14
6
9
3
6
1
6
4
3
6
2
3
2
1
1
■Washington41............................
|
1
g
1
4
4
4
4
2
12
2
2
2
2
13
14
2
2
4
4
5
16
3
5
2
2
2
2
34
7
28
34
37
43
8 10
12
32
36
1
1
1
6 6 6
9 10 10 10
8 9 9 10
1
6
10
10
30
1
6
11
8 7
6 4 5
8 8 7 9
10 10 9 10
11 10
8 10
21 21 19 20
5
4
4
6
10 11 11 13
4
5
5
6
13
9
7
3
. . ..
100
1
7
7
7
10
11
10
21
6
11
11
10
21
6
11
11
10
21
10
22
13
7
13
7
13
13
8
20 22
8 8 9
8
25
9
16
7
27
19
13
4
9
14
5
15
6
12
2
11
11
2 2
9 11
6 11 13
8 9 10
4
6 7
7
12
U
10
3
16
7
13
4
11
11
12
16
18
11
8
11
11
10
3
5
7
9
1
1
7
4
2
8
3
3
3
2
8
4
5
1
1
1
1
3
1
6
2
1
1
6
5
?
3
1
3
8
6
1
2
2
1
3
1
1
5
1
O klahom a 45
...........
A rizon a 47...................................
Total................................. 63 105 141 181 212 240 223 234 241 293 325 357 391
g
i
435
I
wwwwwwiii
Jefferso
I p h iT iiffr ffi
n
’s
m a n u a l
.
233
/ ' of
% Oration
Ucdp of Independence
’ As por Constitution.
*As per act of April 14, 1792, one Representative for 33,000—First Census.
3As per act of January 14, 1802, one Representative for 33,000—Second Census.
4As per act of December 21,1811, o d o Representative for 35.000—Third Census.
5As per act of March 7, 1822, one Representative for 40,000—Fourth Census.
«As per act of May 22, 1832, one Representative for 47,700—Fifth Census.
7As per act of June 25,1842, one Representative for 70,680—Sixth Census.
8As per acts of May 23, 18.50, and July 30, 1852, one Representative for 93,423—Seventh
Census.
•As per act of March 4,1862, one Representative for 127,381—Eighth Census.
10As per acts of February 2 and May 3 0 ,1S72, one Representative for 131,425— Ninth Census.
” As per act of February 25,1882, one Representative for 151,911—Tenth Census.
1JAs per act of February 7,1891, one Representative for 173,901—Eleventh Census.
13As per act of January 16,1901, one Representative for 194,182—Twelfth Census.
14As per act of August 8,1911, one Representative for 211,877—Thirteenth Census.
“ Previous to the 3d March, 1820, Maine formed part of Massachusetts, and was called the
District of Maine, and its Representatives are numbered with those of Massachusetts. B y
com pact between Maine and Massachusetts, Maine became a separate and independent State,
and b y act of Congress o f 3d March, 1820, was admitted into the Union as such—the admission
to take place on the 15th of the same m onth. On the 7th of April, 1820, Maine was declared
entitled to seven Representatives, to be taken from those of Massachusetts.
’ 'A dm itted under act of Congress, June 1, 1796, with one Representative.
17Adm itted u n d e rle t of Congress, April 30,1802, with one Representative.
“ A dm itted under act of Congress, April 8,1812, with one Representative.
“ Adm itted under act of Congress, December 11,1816, with one Representative.
“ Adm itted under act of Congress, December 10,1817, with one Representative.
21Adm itted under act of Congress, December 3,1818, with one Representative.
“ Adm itted under act of Congress, December 14,1819, with one Representative.
“ Adm itted under act of Congress, March 2,1821, with one Representative.
“ Adm itted under act of Congress, June 15, 1836, with one Representative.
“ Adm itted under act of Congress, January 26,1837, with one Representative.
“ Adm itted under act of Congress, March 3,1845, with one Representative.
“ Adm itted under act of Congress, March 3, 1845, with one Representative.
“ Admitted under act of Congress, December 29, 1845, with tw o Representatives.
“ Adm itted under act of Congress, May 29, 1848, with tw o Representatives.
“ Adm itted under act of Congress, September 9,1850, with tw o Representatives.
31Adm itted under act of Congress, May 11,1858, with tw o Representatives.
“ Adm itted under act of Congress, February 14,1859, with one Representative.
“ A dm itted under act of Congress, January 29,1861, with one Representative.
34Adm itted under act of Congress, June 20,1863, with three Representatives.
“ Adm itted under act of Congress, October 31,1864, with one Representative.
“ Adm itted under act of Congress, March 1, 1867, with one Representative.
“ Adm itted under act of Congress, August 1, 1876, with one Representative.
“ Adm itted under act of Congress, February 22,1889, with tw o Representatives.
“ Adm itted under act o f Congress, February 22, 1889, with one Representative.
40Admitted under act of Congress, February 22,1889, with one Representative.
41Adm itted under act of Congress, February 22, 1889, with one Representative.
“ Admitted under act of Congress, July 3, 1890, with one Representative.
“ Admitted under act of Congress, July 10, 1890, with one Representative.
“ Admitted under act of Congress, July 16,1894, with one Representative.
“ Adm itted under act of Congress, June 16, 1906, with five Representatives
“ Admitted under act of Congress, June 20,1910, with one Representative.
“ Adm itted under act of Congress, Juno 20,1910, with one Representative.
234
Je f f e r s o n ’ s
m anual.
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, 7, 6.
SEC. 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
members in such manner and under such penalties as each
House may provide. Constitution} I, 5.
In general the chair is not to be taken till a. quorum for
business is present; unless, after due waiting, such a quorum
be despaired of, when the chair may be taken and. the
House adjourned. And whenever, during business, it is
observed that a quorum is not present, any member may
call for the House to be counted, and being found deficient,
business is suspended. 2 Hats., 125, 126
N ote .—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 n<>
excuse to be made till the House be fully called over. Then
the absentees are called a second time, and if still absent
excuses are to be heard. Ord. House 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., 72.
N ote .—See Senate Rule V, clause 2.
JEFFERSON S M A N U A L .
SEC.
V III.
235
ABSENCE.
N ote .—See Senate Rule V .
SEC. IX .
SPEAKER.
' ' o ? Cor x-sferafAn
The Vice-President of the United States shall be President
of the Senate, but shall have no vote unless they be equally
divided. Constitution, /, 8.
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. Tb.
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, Jf.06.
Where the House debated and exchanged messages and
answers with the King for a week without a Speaker, till they
Dec!, of i ndnpeitdca.cc
No member shall absent himself from the service of the
Senate without leave of the Senate first obtained. And in
case a less number than a quorum of the Senate shall con
vene, they are hereby authorized to send the Sergeant- atr
Arms, or any other person or persons hy them authorized, for
any or all absent members, as the majority of such members
present shall agree, at the expense of such absent members,
respectively, unless such excuse for nonattendance shall be
made as the Senate, when a quorum is convened, shall judge
sufficient; and in that case the expense shall be paid out of
the contingent fund. And this rule shall apply as well to the
first convention of the Senate, at the legal time of meeting,
as to each day of the session, after the hour is arrived to
which the Senate stood adjourned.
were prorogued. They have done it de die in diem for
fourteen days. 1 Chand., 331, 335.
In the Senate a President pro tempore, in the absence of
the Vice-President, is proposed and chosen by ballot. His
office is understood to be determined on the Vice-President’s
appearing and taking the chair, or at the meeting of the
Senate after the first recess.
' i -udtiu', Order.; of the Ken.
Rules lor Sen, Wing Cap.
N ote .—See Senate Rule I.
Where the Speaker has been ill, other Speakers pro tem
pore have been appointed. Instances of this are 1 H., J.
Sir John Cheyney and Sir William Sturton, and in 15 II., 6.
Sir John Tyrrel, in 1656, January 27; 1658, March 9; 1659,
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.
1 Chand., 169, 276, 277.
Sawyer being ill, Seymour
chosen.
Thorpe, in execution, a new Speaker chosen, 31 II. VI, 3
Grey, 11; and March 14, 1694, Sir John Trevor chosen. There
have been no later instances. 2 Hats., 161; J 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, 18/+.
SEC. X.
ADDRESS.
The President shall, from time to time, give to the Con
gress information of the state of the Lnion, and recommend
to their consideration such measures as he shall judge neces
sary and expedient. Constitution, II, 3.
A joint address of both Houses of P arliament is read by the
Speaker of the Plouse of Lords. I t 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 Com
j e f f e k s o n ’s
m anual
.
237
mons only may be presented by the whole House, or by the
Speaker, 9 Grey, 1+73; 1 Chandler, 298, 301; or by such
particular members as are of the privy council. 2 Hats.,
278.
SEC.
X I.
C O M M IT T E E S .
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 pro
ceedings to the House. 1+ Inst., 11,12; Scoh., 9; 1 Grey, 122.
N o t e .— See Senate Rules X X I V and X X V .
At these committees the members are to speak standing,
and not sitting; though there is reason to conjecture it was
formerly otherwise. D' Ewes, 630, col. 1; 4 Pari. Hist.: 1+1+0;
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, 71+; 3 Grey, 1+01; Scoh., 39. Nor can they receive a petition
but tlirough the House. 9 Grey, 1+12.
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, 523.
So soon as the House sits, and a committee is notified of it,
the chairman is in duty bound to rise instantly, and the
members to attend the service of the House. 2 Nals., 319
It appears that on joint committees of the Lords and
Commons, each committee acted integrally in the following
instances: 7 Grey, 261, 2'78, 285, 338; 1 Chandler, 357, 1+62.
In the following instances it does not appear whether they
did or not: 6 Grey, 129; 7 Grey, 213, 229, 321.
238
Jeffe
SEC.
X II.
r s o n ’s
m a n u a l
C O M M IT T E E
OF
.
THE
W HOLE.
The speech, messages, and other matters of great concern
ment are usually referred to a Committee of the Whole House
(6 Grey, 811), where general principles are digested in the
form of resolutions, which are debated and amended till they
get into a shape which meets the approbation of a majority.
These being reported and confirmed by the House, are then
referred to one or more select committees, according as the
subject divides itself into one or more bills. Scob., 86, 44Propositions for any charge on the people are especially to
be first made in a Committee of the Whole. 3 Hats., 127.
The sense of the whole is better taken in committee, because
in all committees everyone speaks as often as he pleases.
Scob., 49- They generally acquiesce in the chairman named
by the Speaker; but, as well as all other committees, have a
right to elect one, some member, by consent, putting the
question. Scob., 36; 3 Grey, 301. The form of going from
the House into committee, is for the Speaker, on motion, fo
put the question that the House do now resolve itself into a
Committee of the Whole to take into consideration such a
matter, naming it. If determined in the affirmative, he
leaves the chair and takes a seat elsewhere, as any other
member, and the person appointed chairman seats himself at
the Clerk’s table. Scob., 36. Their quorum is the same as
that of the House; and if a defect happens, the chairman, on
a motion and question, rises, the Speaker resumes the chair,
and the chairman can make no other report than to inform
the House of the cause of their dissolution. If a message is
announced during a committee, the Speaker takes the chair
and receives it, because the committee can not. 2 Hats.,
125, 126.
N o t e .— See Senate Rule
XNVni.
In a Committee of the Whole, the tellers on a division
differing as to numbers, great heats and confusion arose,
Je f f e r s o n ’s m a n u a l .
239
and danger of a decision by the sword. The Speaker took
the chair, the mace was forcibly laid on the table; where
upon 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 i t ; 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 commit
tee, which was done. 3 Grey, 123.
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 return
ing into committee. 3 Grey, 130.
No previous question can be put in a committee; nor can
tliis committee adjourn as others may : but if their business
is unfinished, they rise, on a question, the House is re
sumed, and the chairman reports that the Committee of the
Whole have, according to order, had under their considera
tion 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 busi
ness referred to them, and that he is ready to make report
when the House shall think proper to receive it. If the
House have time to receive it, there is usually a cry of “ Now,
now,” whereupon he makes the report; but if it be late, the
6 9 4 5 4 °— S. D oc. 3 49 , 6 7 - 4 -------16
240
Je f f e r s o n ’s
m anual.
cry is “ To-morrow, to-morrow,” or “ Monday,” etc., ora
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 . EXAMINATION OF WITNESSES.
Common fame is a good ground for the House to proceed
by inquiry, and even to accusation. Resolution House of
Commons, 1 Car., 1,1625; Rush, L. P ari, 115; 1 Grey, 16-22,
92; 8 Grey, 21, 23, 27, 4-5.
\\ itnesses are not to be produced but where the House has
previously instituted an inquiry (2 Hats., 102), nor then are
orders for their attendance given blank. 3 Grey, 51.
When any person is examined before a committee, or at
the bar of the House, any member wishing to ask the person
a question, must address it to the Speaker or chairman, who
repeats the question to the person, or says to him, “ You
hear the question— answer it.” But if the propriety of the
question be objected to, the Speaker directs the witness,
counsel, and parties to withdraw; for no question can be
moved or put or debated while they are there. 2 Hats., 108.
Sometimes the questions are previously settled in writing
before the witness enters. 7b., 106, 107; 8 Grey, 6J}. The
questions asked must be entered in the journals. 3 Grey, 81.
But the testimony given in answer before the House is never
written down; but before a committee it must be, for the
information of the House, who are not present to hear it.
7 Grey, 52, 33!h
If either House have occasion for the presence of a person
in custody of the other, they ask the other their leave that
he may be brought up to them in custody. 3 Hats., 52.
A member, in his place, gives information to the House of
what he knows of any matter under hearing at the bar.
Jour. H. of C., Jan. 22, 1744-45.
Je f f e r s o n ’ s m a n u a l .
241
Either House may request, but not command, the attend
ance 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 exam
ination may be tendered to him. The House then gives leave
to the member to attend if he choose it; waiting first to know
from the member himself whether he chooses to attend, till
which they do not take the message into consideration. But
when the peers are sitting as a court of criminal judicature
they may order attendance, unless where it be a case of im
peachment by the Commons. There, it is to be a request.
3 Eats., 17; 9 Grey, 306, Jt06; 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.
SEC. X IV .
ARRANGEMENT OF BUSINESS.
The Speaker is not precisely bound to any rules as to what’
bills or other matter shall be first taken up; but 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
government of the presiding person and to restrain indi
vidual members from calling up favorite measures, or mat
ters 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 preju
dice of others having priority of right to their attention in
the general order of business.
In the Senate the bills and other papers which are in pos
session of the House, and in a state to be acted on, are ar
ranged every morning and brought on in the following order1. Bills ready for a second reading are read, that they may
bo referred to committees, and so be put under way. But
if, on their being read, no motion is made for commitment,
242
Je f f e r s o n ’s m a n u a l .
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 ex
pediting 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
follows: 1
1. Motions previously submitted.
2. Reports of committees previously made.
3. Bills from the House of Representatives, and those in
troduced on leave, which have been read the first time, are
read the second time; and if not referred to a committee, are
considered 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
second reading and those reported from committees after
having been referred, are taken up in the order in which
they were reported to the Senate by the respective com
mittees.
1 This arrangement is changed by Senate Rules V II , V II I, and I X .
JEFFERSO N S M A N U A L .
243
SEC. X V .
ORDER.
Each House may determine the rules of its proceedings;
punish its members for disorderly behavior; and, with the con
currence of two-thirds, expel a member. Constitution, I, 5.
In Parliament, “ instances make order,” per Speaker
Onslow. 2 Hats., 11+1. “ But what is done only by one
Parliament, can not be called custom of Parliament,” by
Prynne. 1 Grey, 52.
SEC. X V I.
ORDER RESPECTING PAPERS.
The Clerk is to let no journals, records, accounts, or
papers be taken from the table or out of his custody 2
Hats., 193, 194.
/
(led, of Indopoudcucc _ / 'P / C v V '/a 'V
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,
at the head of which stands the unfinished business of the
preceding 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 certain degree, its immense accumulation toward the
close of the session.
Arrangement, however, can only take hold of matters in
possession 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.
244
Je f f e r s o n ’s m a n u a l .
Mr. Prynne, having in Committee of the Whole amended
a mistake in a bill without order or knowledge of the com
mittee, was reprimanded. I Chand., 77.
A bill being missing, the House resolved that a protesta
tion 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. 5 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 H .
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, JfiS.
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, 4-87, 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 ote .—See Senate Rule X I X .
When a member stands up to speak, no question is to be
put, but he is to be heard unless the House overrule him.
4 Grey, 390; 5 Grey, 6, 143.
If two or more rise to speak nearly together, the Speaker
determines who was first up, and calls him by name, where
upon 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 ques-
Je f f e r s o n ’ s m a n u a l .
245
tion is put, “ Which member was first u p ?” * 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. But if it be read more than once in the same day,
he may speak once at every reading. Co., 12,115; HaJcew.,
148; Scob., 58; 2 Hats., 75. Even a change of opinion does
not give a right to be heard a second time. Smyth’s Comw.
L., 2, c. 8; Arcan. Pari., 17.
But he may be permitted to speak again to clear a matter
of fact {8 Grey, 857, 416)1 .or merely to explain himself
(2 Hats., 78) in some material part of his speech (lb., 75),
or to the manner 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., 80, 81).
But if the Speaker rise to speak, the member standing up
ought to sit down, that he may be first heard. Town., col.
205; Hale Pari., 138; Mem. in Hakew., 80, 81. 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. 8 Grey, 88.
No one is to speak impertinently or beside the question,
superfluously, or tediously. Scob., 31, S3; 2 Hats., 166, 168;
Hale, Pari., 188.
No person is to use indecent language against the pro
ceedings of the House; no prior determination of which is
to be reflected on by any member, unless he means to con
clude with a motion to rescind it. 2 Hats., 169,170; Rushw.,
*S e e Senate Rule X I X , clause 1, for present practice in the Senate.
«
246
Je f f e r s o n ’s
m anual.
p. 3, v. l,fo l. J+2. But while a proposition under considera
tion is still in fieri, though it has even been reported by a
committee, reflections on it are no reflections on the House.
9 Grey, 508.
No person, in speaking, is to mention a member then
present by his name, but to describe him by his seat in the
House, or who spoke last, or on the other side of the question,
etc. {Mem. in Hakew., 3; Smyth’s Comw. L., 2, c. 3); nor to
digress from the matter to fall upon the person (Scob., 31;
Hale Pari., 133; 2 Ilats., 166) by speaking, reviling, nipping,
or unmannerly words against a particular member. Smyth’s
Comw. L., 2, c. 3. The consequences of a measure may be
reprobated in strong terms, but to arraign the motives of
those who propose to advocate it is a personality, and
against order. Qui digreditur a materia ad personam, Mr.
Speaker ought to suppress. Ord. Com., 1604, Apr. 19.
No one is to disturb another in his speech by hissing,
coughing, spitting (6 Grey, 332; Scob., 8; D ’ Ewes, 332, col. 1,
64O, col. 2), speaking or whispering to another {Scob., 6;
D ’ Ewes, 487, col. 1), nor stand up to interrupt him {Town.,
col. 205; Mem. in Hakew., 31); nor to pass between the
Speaker and the speaking member, not to go across the
House {Scob., 6), or to walk up and down it, or to take
books or papers from the table, or write there {2 Hats., 171).
Nevertheless, if a member finds that it is not the inclina
tion 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 Hats., 77, 78.
If repeated calls do not produce order, the Speaker may
call by his name any member obstinately persisting in
irregularity; whereupon the House may require the member
Je f f e r s o n ’s
m anual.
247
to withdraw. He is then to be heard in exculpation, and to
withdraw. Then the Speaker states the offense committed,
and the House considers the degree of punishment they will
inflict. 2 Hats., 167, 7, 8, 172.
For instances of assaults and affrays in the House of Com
mons, and the proceedings thereon, see 1 Pet., Misc., 82;
3 Grey, 128; 4 Grey, 328; 5 Grey, 382; 6 Grey, 264; 10 Grey, 8.
Whenever warm words or an assault have passed between
members, the House, for the protection of their members,
requires them to declare in their places not to prosecute
any quarrel {3 Grey, 128, 293; 5 Grey, 280), or orders them
to attend the Speaker, who is to accommodate their differ
ences, and report to the House (3 Grey, 418)', and they are
put under restraint if they refuse, or until they do (9 Grey,
234, 312).
Disorderly words are not to be noticed till the member has
finished his speech. 5 Grey, 356; 6 Grey, 60. Then the
person objecting to them, and desiring them to be taken
down by the Clerk at the table, must repeat them. The
Speaker then may direct the Clerk to take them down in
his minutes; but if he thinks them not disorderly, he delays
the direction. If the call becomes pretty general, he orders
the Clerk to take them down, as stated by the objecting
member. They are then 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., 199; 4 Grey, 170; 6 Grey, 59. When any
member has spoken, or other business intervened, after
offensive words spoken, they can not be taken notice of for
248
Je f f e r s o n ’s m a n u a l .
censure. And this is for the common security of all, and
to prevent mistakes which must happen if words are not
taken down immediately. Formerly they might be taken
down at any time the same day. 2 Hats., 196; Mem. in
Hakew., 71; 3 Grey, 48; 9 Grey, 514.
N ote .—See Senate R ule X I X , 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 Comvo., L. 2, c. 8 ; 2
Hats., 170.
It is a breach of order in debate to notice what has been
said on the same subject in the other House, or the par
ticular 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 misun
derstanding 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
immediate noting down of words) for the security of mem
bers. Therefore 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 Houso and introduce
proceedings and mutual accusations between the two
Houses which can hardly be terminated without difficulty
and disorder. 3 Hats., 51.
No member may be present when a bill or any business
concerning himself is debating; nor is any member to
speak to the merits of it till he withdraws. 2 Hats., 219.
The rule is, that if a charge against a member arise out of a
report of a committee, or examination of witnesses in the
before any question is moved or stated against him. He
is then to be heard, and withdraw before any question is
'ondemv
broach 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., 121, 122.
Where the private interests of a member are concerned in
a bill or question he is to withdraw. And where such an
interest has appeared, his voice has been disallowed, even
after a division. In a case so contrary, not only to the laws
of decency, but to the fundamental principle of the social
compact, which denies to any man to be a judge in his own
cause, it is for the honor of the House that this rule of imme
morial observance should be strictly adhered to. 2 Hats.,
119, 121; 6 Grey, 368.
N ote .—See Senate Rule X I I .
ORDERS OF THE HOUSE.
Of right, the door of the House ought not to be shut, but
to be kept by porters, or sergeants-at-arms, assigned for
that purpose. Mod. ten. Pari., 23.
N ote .—See Senate Rule X X X V .
C
SEC. X V III.
Art of
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. Scob., 6.
A question of order may be adjourned to give time to
look into precedents. 2 llats., 118.
In Parliament all decisions of the Speaker may be con
trolled by the House. 3 Grey, 319.
250
Je f f e r s o n ’s m a n u a l .
The only case where a member has a right to insist on
anything 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. Tlius 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 Ilats., 87,129. How
far an order of the House is binding, see Ilakew., 392.
But where an order is made that any particular matter be
taken up on a particular day, there a question is to be put,
when it is called for, whether the House will now proceed to
that matter. Where orders of the day are on important or
interesting matter, they ought not to be proceeded on till
an hour at which the House is usually full.
N ote .—See Senate R ule X .
Orders of the day may be discharged at any time, and a
new one made for a different day. 3 Grey, 48, 313.
When a session is drawing to a close, and the important
bills are all brought in, the House, in order to prevent inter
ruption 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, 156.
All orders of the House determine with the session; and
one taken under such an order may, after the session is
ended, be discharged on a habeas corpus. Raym., 120;
Jacob's L. D. by Ruff head; Parliament, 1 Lev., 165, Pitchard’s
Case.
WTiere the Constitution authorizes each House to deter
mine the rules of its proceedings, it must mean in those
cases (legislative, executive, or judiciary) submitted to them
by the Constitution, or in something relating to these, and
necessary toward their execution. But orders and reso
lutions are sometimes entered in the journals having no
Je f f e r s o n ’s
m anual.
251
relation to these, such as acceptances of invitations to
attend orations, to take part in processions, etc. These
must he 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.
>T>•((
tol
SEC. X IX .
PETITION.
Regularly, a motion for receiving it m ust be made and
seconded, and a question put, whether it shall be received.
B ut a cry from the House of “ received,” or even its silence,
dispenses with the formality of this question. I t is then to
to be read at the table and disposed of.
SEC. X X .
’' - 'J' Cor V.Vai .\n
N ote .—See Senate Rule V II, clauses 3, 4.
Deck of Independence
A petition prays something. A remonstrance has no
prayer. 1 Grey, 58.
Petitions must be subscribed by the petitioners (Scob., 87;
L. Pari., c. 22; 9 Grey, 362), unless they are attending (1
Grey, 5.01), or unable to sign, and averred by a member
(3 Grey, 41<9). But a petition not subscribed, but which
the member presenting it affirmed to be all in the hand
writing of the petitioner, and his name written in the begin
ning, was on the question (March 14, 1800) received by the
Senate. The averment of a member, or of somebody with
out doors, that they know the handwriting of the peti
tioners 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.
MOTIONS.
When a motion has been made, it is not to be put to the
question or debated until it is seconded. Scob., 21.
I t is then, and not till then, in possession of the House,
and can not be withdrawn b u t by leave of the House. I t
J
252
Je f f e r s o n ’s m a n u a l .
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 te .— 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 ques
tion 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 ex
pression of impatience of the House against further debate,
yet, if he chooses, he has a right to go on.
SEC. X X I .
RESOLUTIONS.
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, June 1, 1796. I presume the doubt was
whether an allowance of money could be made otherwise
than by bill.
SEC. X X II.
BILLS.
Every bill shall receive three readings previous to its being
passed, and the President shall give notice at each whether
Je f f e r s o n ’ s m a n u a l .
253
it be first, second, or third, which readings shall be on three
different days, unless the Senate unanimously direct other
wise.
N o te .— See Senate Rule X II, clause 2.
SEC. X X III.
if •• •* .
BILLS, LEAVE TO BRING IN.
- -t ->iio on hid
*
’
. •j .'i b«
82, 8^ .
N ote — See Senate Rule X II, clause 1 .
SEC. X X IV .
BILLS, FIRST READING.
Hilda
When a bill is first presented, the Clerk reads it at the table
and hands it to the Speaker, who, rising, stated to the
House the title of the bill, that this is the first time of read
ing it, and the question will be whether it shall be read a
second time, then sitting down to give an opening for ob
jections. If none be made, he rises again and puts the
question whether it shall be read a second time. Hakew.,
137, 141- 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 .
The second
Ilakew., 143.
then hands it
to the House
*
BILLS,
SECOND READING.
reading must regularly be on another day.
It is done by the Clerk at the table, who
to the Speaker. The Speaker, rising, states
the title of the bill; that this is the second
DcdL of Hihit'/H’iuHnii
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, en
titled, 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 addition. HaJcew., 132; Scob., Jfi. It is to
be presented fairly written, without any erasure or inter
lineation, or the Speaker may refuse it. Scob., 1+1; 1 Grey,
254
Je f f e r s o n ’ s m a n u a l .
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, I 46.
N o te .—See Senate Rule X I V , 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 ote .—See Senate Rule X I V , clauses 3-5.
SEC.
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 power over the names and number, if a
question be moved against any one; and may in any case
put in and put out whom they please.
N o te .—See Senate Rule X V , clause i, and X X V I clause i.
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 {Ilakew., lift; Town., col. 208; D' Ewes,
634, col. 2 ; Scol., 47)', °B as is said {5 Grey, 145), the child
is not to be put to a nurse that cares not for it {6 Grey, 373).
It is therefore a constant rule “ that no man is to be employed
in any matter who has declared himself against it.” And
when any member who is against the bill hears himself
JEFFE R SO N S M A N U A L .
255
Cc
' •o f
6 9 4 5 4 °— S. D o c . 349 , 6 7 - 4 ------ 17
Ueduof Independence
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., Jf.6.
The Clerk may deliver the bill to any member of the
committee {Town., col. 138), but it is usual to deliver it to
him who is first named.
In some cases the House has ordered a committee to with
draw immediately into the committee chamber, and act on
and bring back the bill, sitting the House. Scob., 1+8. A
committee meet when and where they please, if the House
has not ordered time and place for them {6 Grey, 870), but
they can only act when together, and not by separate con
sultation 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, 11.
Any member of the House may be present at any select
committee, but can not vote, and must give place to all of
the committee, and sit below them. Elsynge, 12; Scob., 1+9.
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, 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 chairman, by paragraphs (Scob., 1+9),
pausing at the end of each paragraph, and putting questions
for amending, if proposed. In the case of resolutions on
distinct subjects, originating with themselves, a question
is put on each separately, as amended or unamended, and
no final question on the whole {3 Hats., 276), but if they
relate to the same subject a question is put on the whole.
I
256
Je f f e r s o n ’s m a n u a l .
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 para
graphs; 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., 90.
In numerous assembles 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 is taken up in committee, or on its second reading, they
postpone the preamble till the other parts of the bill are gone
through. The reason is, that on consideration of the body
of the bill such alterations may therein be made as may also
occasion the alteration ol the preamble. Scob., 50; 7
Grey, 431.
On this head the following case occurred in the Senate,
March 6, 1800: A resolution which had no preamblo having
Je f f e r s o n ’s m a n u a l .
257
been already amended by the House so that a few words
only of the original remained in it, a motion was made to
prefix a preamble, which having an aspect very different
from the resolution, the mover intimated that he should
afterwards propose a correspondent 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, indee'd, 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 sub
sequent 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 I I I .
When the committee is through the whole, a member moves
that the committee may rise and the chairman report the
paper to the House, with or without amendments, as the
case may be. 2 Hats., 289, 292; Scob., 53; 2 Hats., 290;
8 Scob., 50.
When a vote is once passed in a committee, it can not be
altered but by the House, their votes being binding on them
selves. 1607, June 4The committeo may not erase, interline, or blot the bill
itself; but must, in a paper by itself, set down the amend
ments, stating the words which are to be inserted or omitted
(Scob., 50), and where, by references to page, line, and word
of tho bill (Scob., 50).
258
Jeffe
SEC.
X X V II.
r s o n ’s
REPORT
m a n u a l
OF
.
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 amendment, 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 amendments, with the
coherence in the bill, and opens the alterations and the rea
sons 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; Hdkew., 148.
Rules for Sen, Wing Cap.
N ote .—See Senate R ule X X V I , clause 2.
The report being made, the committee is dissolved, and
can act no more without a new power. Scob., 51. But it
may be revived by a vote, and the same matter recommitted
to them. 4 Grey, 361.
SEC.
X X V III.
B IL 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
importance, and for special reasons, it is sometimes recom
mitted, and usually to the same committee. Hciicew., 151.
If a report be recommitted before agreed to in the House,
what has passed in committee is of no validity; the whole
question is again before the committee, and a new resolution
must be again moved, as if nothing had passed. 3 Hats.,
131 — note.
f
2.59
JEFFERSO N S M A N U A L .
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., 1181)', or so much of a paper to one
and so much to another committee.
SEC.
X X IX .
B IL L ,
REPORTS
TAKEN
UP.
XX X.
Q U A S I-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 pro
ceedings in the Senate of the United States and in Parlia
ment are totally different. The former shall be first stated.
N o t e .— See Senate Rule X V , clauses 1 and 2.
The proceeding of the Senate as in a Committee of the
Whole, or in quasi-committee, is precisely as in a real Com-
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SEC.
IJocfrOi Independence
When the report of a paper originating with a committee
is taken up by the House, they proceed exactly as in com
mittee. Here, as in committee, when the paragraphs have,
on distinct questions, been agreed to seriatim (5 Grey, 366;
6 Grey, 868; 8 Grey, 47, 104, 360; 1 Tarbuck’s Del., 125; 8
Hats., 348), no question needs be put on the whole report
(5 Grey, 381).
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 bo an amendment to an amendment.
Elsynge’s Mem., 53. When through the amendments of the
committee, the Speaker pauses, and gives time for amend
ments to be proposed in the House to the body of the bill,
as he does also if it has been reported without 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.
260
Je f f e r s o n ’s m a n u a l .
mittee of the Whole, taking no questions but on amend
ments. 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 ques
tions are regularly to be put again on every amendment;
which being gone through, the President pauses to give tune
to the House to propose amendments to the body of the
bill, and, when through, puts the question whether it shall
bo read a third time.
After progress in amending the bill in quasi-committee, a
motion 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, dis
charge the Committee of the Wliole, and refer the bill to a
special committee. 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\ tli 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 committee every member may speak as often as he pleases.
2. The votes of a committee may be rejected or altered when
reported to the House. 3. A committee, even of the whole,
can not refer any matter to another committee. 4. In a com
mittee no previous question can be taken, the onl\ means to
avoid an improper discussion is to move that the committee
rise; and if it be apprehended that the same discussion will
be attempted on returning into committee, the House can
JEFFERSON S M A N U A L .
261
BILL, SECOND HEADING IN THE HOUSE.
In Parliament, after the bill has been read a second time,
if on the motion and question it be not committed, or if no
proposition for commitment be made, the Speaker reads it
by paragraphs, pausing between each, but putting no ques
tion but on amendments proposed; and when through the
whole, he puts the question whether it shall bo 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. Tho Speaker reads sitting, but rises to put questions.
The Clerk stands while he reads
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SEC. XXXI.
Deck of independence
discharge them, and proceed itself on the business, keeping
down the improper discussion by the previous question. 5.
A committee can not punish a breach of order in the House
or in the gallery. 9 Grey, 1 IS. 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 V 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 mo
tion to adjourn, and adjourns as a House, not as a committee.
262
Jeffe
r s o n ’s
m a n u a l
.
*But the Senate of the United States is so much in the
habit of making many and material amendments at the third
reading that it has become the practice not to engross a bill
till it has passed— an irregular and dangerous practice, be
cause 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 the 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. All attempts at earlier periods are
with disjointed efforts, because many who do not expect to
be in favor of the bill ultimately are willing to let it go on
to its perfect state, to take time to examine it themselves
and to hear what can be said for it, knowing that after all
they will have sufficient opportunities of giving it their veto.
Its two last stages, therefore, are reserved for this— that is
to say, on the question whether it shall he 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, there
fore, 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
successful rallying on the next and last question, whether
it shall pass.*
* 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.
Je f f e r s o n ’s m a n u a l .
263
When the bill is engrossed, the title is to be indorsed on
the back, and not within the bill. HoJcew., 250.
SEC. XXXII.
READING PAPERS.
Where papers are laid before the House or referred to a
committee, every member has a right to have them once
read at the table before he can be compelled 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., 117, 118.
N ote .—See Senate Rule X I .
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. 11.
For the same reason, a member has not a right to read a
paper in his place, if it be objected to, without leave of the
House. But this rigor is never exercised but where there
is an intentional or gross abuse of the time and patience of
the House.
A member has not a right even to read his own speech,
committed to writing, without leave. This also is to pre
vent an abuse of time, and therefore is not refused but
where that is intended. 2 Grey, 227.
A report of a committee of the Senate on a bill from the
House of Representatives being under consideration: On
Je f f e r s o n ’s m a n u a l .
264
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
member insists they shall be read, and then nobody can
oppose it. 2 Hats., 117.
SEC. XXXIir.
PRIVILEGED QUESTIONS.
It is no possession of a bill unless it be delivered to the
Clerk to read, or the Speaker reads the title.—Lex Pari.,
274; Elysynge Mem., 85; Ord. House o f Commons, 64It is a general rule that the question first moved and sec
onded shall be first put. Scob., 22, 28; 2 Hats., 81. But
this rule gives way to what may be called privileged ques
tions, 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 ote .—See Senate Rules I X and X X I I .
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 on 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 ariy particular one;
and if it be carried on the question, “ Wdiether the House
will now proceed to the orders of the day C ’ they must be
J e f f e r s o n ’s
m a n u a l.
265
read and proceeded on in the course in which they stand,
2 Hats., 83; for priority of order gives priority of right,
which can not he taken away but by another special order.
N otk .— See Senate Rule X .
Independence
A' of Confederation
I
-
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 he made
to them. Such are: 1. The previous question. 2. To post
pone indefinitely. 3. To adjourn a question to a definite day.
4. To lie on the table. 5. To commit. 6. To amend.
The proper occasion for each of these questions should be
understood.
1. When a proposition is moved which it is useless or
inexpedient now to express or discuss, the previous question
has been introduced for suppressing for that time the mo
tion 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 discon
tinuance of it.
3. When a motion is made which it will be proper to act
on, but information is wanted, or something more pressing
claims the present time, the question or debate is adjourned
to such day within the session as will answer the views of
the House. 2 Hats., 81. And those who have spoken before
may not speak again when the adjourned debate is resumed.
2 Hats., 73. Sometimes, however, this has been abusively
used by adjourning it to a day beyond the session, to get rid
of it altogether, as would be done by an indefinite postpone
ment.
J e f f e r s o n ’s
m a n u a l.
4. When the House has something else which claims its
present attention, but would be willing to reserve in their
power to take up a proposition whenever it shall suit them,
they order it to lie on their table. It may then be called
for at any time.
N ote .—See Senate Rule X X I I .
5. If the proposition will want more amendment and
digestion than the formalities of the House will conveniently
admit, they refer it to a committee.
6. But if the proposition be well digested, and may need
but few and simple amendments, and especially if these be
of leading consequence, they then proceed to consider and
amend it themselves.
The Senate, in their practice, vary from this regular gra
dation of forms. Their practice comparatively with that
of Parliament stands thus:
FOR T H E PA RLIA M EN TA RY:
T H E SEN A TE U SES:
Postponement indefinite........ Postponement to a day be
yond the session.
Adjournment........................... Postponement to a day within
the session.
Lying on the table__________f Postponement indefinite.
I Lying on the table.
In their Y H Ith rule (X X II), therefore, which declares that
while a question is before the Senate no motion shall be re
ceived, 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, postpone
ment, commitment, and amendment.
But it may be asked, Have these questions any privilege
among themselves; or, are they so equal that the common
principle of the “ first moved first put” takes place among
i
JEFFERSON’ S M A N U A L .
267
commit J
G
I
Art of Confederation
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 post
pone or commit; and if it be decided negatively, to wit, that
the main question shall not now" be put, this puts the House
out of possession of the main question, and consequently
there is nothing before them to postpone or commit. So
that neither voting for 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 exam
ined hereafter.
Second class. If postponement be decided affirmatively,
the proposition is removed from before the House, and conse
quently there is no ground for the previous question, commit
ment, or amendment; but if decided negatively (that it shall
not be postponed) the main question may then be suppressed
by the previous question, or may be committed or amended.
The third class is subject to the same observations as the
second.
Dcci of Independence
them ? This will need explanation. Their competitions
may be as follows:
1. Previous question and postponej
commit r
amend J
2. Postpone and previous question'
In the first, second, and
commit
third classes, and the first
amend
member of the fourth class,
3 Commit and previous question the rule “ first moved first
postpone [p u t” takes place,
amend J
4. Amend and previous question 1
postponej
268
Je f f e r s o n ’s m a n u a l .
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
question would be in Parliament. The reason is that the
question for amendment is not suppressed by postponing or
adjourning the main question, but remains before the House
whenever the main question is 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 commit
ting, though last moved, shall be first put; because, in truth,
it facilitates and befriends the motion to amend. Scobell is
express: “ On motion to amend a bill, any one may, notwith
standing, move to commit it, and the question for commit
ment shall be first put.” Scob., 4.6.
We have hitherto considered the case of two or more of
the privileged questions contending for privilege between
themselves, 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
putting a previous question on it. This is not allowed;
because it would embarrass questions too much to allow them
to be piled on one another several stories high; and the
same result may be had in a more simple way— by deciding
against the postponement, commitment, or amendment.
2 Hats., 81, 2, 8, jSuppose a motion for the previous question, or commit
ment or amendment of the main question, and that it be then
moved to postpone the motion for the previous question,
Je f f e r s o n ’s m a n u a l .
260
or for commitment or amendment of the main question.
1. It would be absurd to postpone the previous question,
commitment, or amendment alone, and thus separate the
appendage from its principal; yet it must be postponed
separately from its original, if at all; because 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 pre
question the original question, which is the parliamentary
doctrine also. Therefore the motion to postpone the sec
ondary motion for the previous question, or for committing
or amending, can not be received. 2. ThH is a piling of
questions one on another; which, to avoid embarrassment, is
not allowed. 3. The same result may be had more simply
by voting against the previous question, commitment, or
amendment.
Suppose a commitment moved of a motion for the previous
question, or to postpone or amend. The first, second, and
third reasons, before stated, all hold good against this.
Suppose an amendment moved to a motion for the
previous question. Answer: The previous question can not
bo amended. Parliamentary usage, as well as the IX th rule
of the Senate, has fixed its form to be, “ Shall the main ques
tion be now pu t?” — 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 indefinite time. The
useful character of amendment gives it a privilege of attach
ing 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
manner, if an amendment be moved to an amendment, it is
admitted; but it would not be admitted in another degree,
270
J e f f e r s o n ’s m a n u a l .
to wit, to amend an amendment to an amendment of a main
question. This would lead to too much embarrassment.
The line must be drawn somewhere, and usage has drawn
it after the amendment to the amendment. The same result
must be sought by deciding against the amendment to the
amendment, and then moving it again as it was wished to be
amended. In this form it becomes only an amendment to an
amendment.
N ote .—See Senate Rule X X V I , clause 1.
[In filling a blank with a sum, the largest sum shall be first
put to the question, by the X H Ith rule of the Senate,* con
trary to the rule of Parliament, which privileges the smallest
sum and longest time. 5 Grey, 179; 2 Hats., 8, 83; 3 Hats.,
132, 133.] And this is considered to be not in the form of an
amendment to the question, but as alternative or successive
originals. In all cases of time or number, we must consider
whether the larger comprehends the lesser, as in a question to
what day a postponement shall be, the number of a com
mittee, amount of a fine, term of an imprisonment, term of
irredeemability of a loan, or the terminus in quem 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 wThat day the session
shall be closed by adjournment, on wThat 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 affirma
tive, every question for more would be precluded; but at
that extreme which would unite few, and then to advance
or recede till you get to a number which will unite a bare
majority. 3 Grey, 376, 381+, 385. “ The fair question in
* This rule was dropped in the last revision.
J e f f e r s o n ’s m a n u a l .
271
N o t e .—See Senate Rule X X .
.
X X X IV .
THE
P R E V IO U S
Q U E S T IO N .
When any quostion 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 Ilakew., 28; 4 Grey, 27.
6 9 4 5 4 °— 8. D o c . 349, 67—4 -------18
of C o n fe d e ra tio n
SEC.
f
A matter of privilege arising out of any question, or from
a quarrel between two members, or any other cause, super
sedes the consideration of the original question, and must
be first disposed of. 2 Hats., 88.
Reading papers relative to the question before the House.
This question must be put before the principal one. 2 Hats.,
88
Leave asked to withdraw a motion. The rule of Parlia
ment being that a motion made and seconded is in the
possession of the House, and can not be withdrawn without
leave, the very terms of the rule imply that leave may be
given, and. consequently, may be asked and put to the
question.
Deck of Independence
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 para
graph.
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.
The previous question being moved and seconded, the
question 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
introduced it. 2 Grey, 118, 1141 3 Grey, 384. When the
question was put in this form, “ Shall the main question be
put?” a determination in the negative suppressed the main
question during the session; but since the words “ now p u t”
are used, they exclude it for the present only; formerly,
indeed, only till the present debate was over (4 Grey, 48),
but now for that day and no longer (2 Grey, 113, 114)•
Before the question whether the main question shall now be
put, any person might formerly have spoken to the main
question, because otherwise ho would be precluded from
speaking to it at all. Mem. in llakevo., 28.
The proper occasion for the previous question is when a
subject 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 abusively to other cases; but in
these it has been an embarrassing 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 pre
vious question on it has been moved and seconded ?. 2 Hats.,
88, says if the previous question has been moved and sec
onded, 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 ques-
I
je f f e k s o n ’s
m a n u a l
.
273
1 ' \ of bev 'oderathn
I
Deck oi Independence
tion. 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 amend
ment must vote that the main question be not now put;
and then move their amended question, which being made
new by the amendment, is no longer the same which has
been just suppressed, and therefore may be proposed as a
new one. But tliis proceeding certainly endangers the main
question by dividing its friends, some of whom may choose
it unamended, rather than lose it altogether; while others
of them may vote, as Hatsell advises, that the main question
be not now put, with a view to move it again in an amended
form. The enemies 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 circumstance, whether an amendment may or may
not be made, to be that the previous question has been pro
posed from the Chair. But, as the rule is that the House
is in posssession 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
bo defeated by moving the amendment question, as Mr.
Hatsell proposes, after the discussion 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 wit: Which is
of the >en.
^
Rules for Sen. Wing Cap,
[____
Impeachment Rules
274
Jeffe
r s o n ’s
m a n u a l
.
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 un
amended, or to put it in the power of the other side to force
on, incidentally at least, a discussion which would be better
avoided? Perhaps the last is the least inconvenience, in
asmuch as the Speaker, by confining the discussion rigor
ously to the amendment only, may prevent their going into
the main question; and inasmuch, also, as so great a pro
portion 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 E N D M E N T S .1
On an amendment being moved, a member who has
spoken to the main question may speak again to the amend
ment. Scob., 23.
If an amendment be proposed inconsistent with one
already agreed to, it is a fit ground for its rejection by the
House, but not within the competence of the Speaker to sup
press as if it were against order. For w'ere he permitted to
draw' questions of consistence within the vortex of order, he
might usurp a negative on important modifications, and sup
press, instead of subserve, the legislative will.
Amendments may he made so as totally to alter the nature
of the proposition; and it is a way of getting rid of a propo
sition by making it bear a sense different from what it wTas
intended by the movers, so that they vote against it them
selves. 2 Hats., 79;
A new' bill may be ingrafted,
by way of amendment, on the wrords ‘ Be it enacted,” etc.
1 Grey, 190, 192.
If it be proposed to amend by leaving out certain wTords,
it may be moved, as an amendment to this amendment, to
1 [No t e — See Senate Rules X V Ia n d XVII.)
I
Je f f e r s o n ’s m a n u a l .
275
leave out a part of the words of the amendment, which is
equivalent to leaving them in the bill. 2 Hats., 80, 9. The
parliamentary question is, always, whether the words shall
stand part of the bill.
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
afterwards in the same stage, because the House has, on a
vote, agreed to it in that form. In like manner, if it is
proposed to amend by striking out a paragraph, the friends
of the paragraph are first to make it as perfect as they can
by amendments before the question is put for striking it
out. If on the question it be retained, it 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 inserted, and lastly the whole passage as it will
be when amended. And the question, if desired, is then to
be divided, and put first on striking out. If carried, it is
next on inserting the words proposed. If that be lost, it
may be moved to insert others. 2 Ilats., 80, 7.
A motion is made to amend by striking out certain words
and inserting others in their place, which is negatived.
Then it is moved to strike out the same words, and to insert
others of a tenor entirely different from those first proposed.
It is negatived. Then it is moved to strike out the same
words and insert nothing, which is agreed to. All this is
admissible, because to strike out and insert A is one propo
sition. To strike out and insert B is a different proposition.
And to strike out and insert nothing is still different. And
the rejection of one proposition does not preclude the offer-
276
Je f f e r s o n ’s m a n u a l .
mg a different one. Nor would it change the ease were the
first motion divided by putting the question first on striking
out, and that negatived; for, as putting the whole motion
to the question at once would not have precluded, the
putting the half of it can not do it.*
N o t e .— See Senate Rule X V III.
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 para
graph 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 pro
posed to the Constitution; the words “ until the second
Tuesday in February” were struck out by way of amend
ment. Then it was moved to add, “ until the first day of
June.” Objected that it was not in order, as the question
should be first put on the longest time; therefore, after a
shorter time decided against, a longer can not be put to
* 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.
Je f f e r s o n ’s m a n u a l .
277
question. It was answered that this rule takes place onlyin filling blanks for time. But when a specific time stands
part of a motion, that may be struck out as well as any
other part of the motion; and when struck out, a motion
may be received to insert any other. In fact, it is not until
they are struck out, and a blank for the time thereby pro
duced, that the rule can begin to operate, by receiving all
the propositions for different times, and putting the ques
tion successively on the longest. Otherwise it would be in
the power of the mover, by inserting originally a short time,
to preclude the possibility of a longer; for till the short time
is struck out, you 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 insert
ing instead thereof “ the first of June,” it would have been
regular, then, to divide the question, by proposing first the
question to strike out and then that to insert. Now, tins 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 may be struck out by way of amendment and put into
a new bill. If a section is to be transposed, a question must
bo 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.
I
he number prefixed to the section of a bill, being merely
a marginal indication and no part of the text of the bill,
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, 444- So, 1729, April 17, on an objection
that a question was complicated, it was separated by amend
ment. 2 Hats., 79.
N o t e .— See Senate Rule X V III.
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 when nothing remains but the last member of the sec
tion and the provisos, they can not be divided so as to put
the last member to question by itself, for the provisos might
Jeffe
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m a n u a l
.
279
/
of Confederation
Deck of Independence
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 with
the rule, and relieves from inconsistence. A question to be
divisible must comprehend points so distinct and entire that
one of them being taken away, the other may stand entire.
But a proviso or exception, without an enacting clause,
does not contain an entire point or proposition.
May 31.— The same bill being before the Senate. There
was a proviso that the bill should not extend (1) To any
foreign minister; nor (2) to any person to whom the Presi
dent 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 sim
plest 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 modifying words, “ conform
ing,” etc., because these words, if left b y themselves, contain
no substantive idea, will make no sense. But admitting
that the divisions of a paragraph into separate questions
must be so mado 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 themselves
to the preceding description of persons, and become a modi
fication of that description.
When a question is divided, after the question on the first
member, the second is open to debate and amendment; be
cause 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 the affirmative side. But
the question is not completely put when the vote has been
taken on the first member only. One-half of the question,
both affirmative and negative, remains still to be put. See
Execut. Jour., June 25, 1795. The same decision by Presi
dent Adams.
SEC. X X X V II.
C O E X IS T IN G
Q U E S T 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 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 there
by removed from before the House and does not stand ipso
facto before them at their next meeting, but must come for
ward 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 oidy suspended by a motion to amend, to
withdraw, to read papers, or by a question of order or privi
lege, 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 E S T IO N S .
If, on a question for rejection, a bill be retained, it passes,
of course, to its next reading. Hakew., 17+1; Scob.,J+2. And
a question for a second reading determined negatively, is
a rejection without further question. 1+ Grey, 11+9. And see
Elsynge’s Memor., J$, in what cases questions are to be taken
for rejection.
l
Je f f e r so n ’ s m a n u a l .
281
Where questions are perfectly equivalent, so that the
negative of the one amounts to the affirmative of the other,
and loaves no other alternative, the decision of the one con
cludes necessarily the other. J/. Grey, 157. Thus the nega
tive 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 disagree
ment he expressly voted? The questions respecting amend
ments from another House are— 1st, to agree; 2d, disagree;
3d, recede; 4th, insist; 5th, adhere.
1st. To agree.
1 Either of these concludes the other neces2d. To disagree. ) sarily, for the positive of either is ex
actly the equivalent of the negative
of the other, and no other alternative
remains. On either motion amend
ments to the amendment may be pro
posed; 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.
3d. To recede.
You may then either insist or adhere.
4th. To insist.
You may then either recede or adhere.
5th. To adhere.
You may then either recede or insist.
Consequently the negative of these is not
equivalent to a positive vote, the
Jeffe
r s o n ’s
m a n u a l
.
other way. It does not raise so neces
sary an implication 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.
SEC.
I ’
X X X IX .
THE
Q U E S T 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 of the
question, any member who has not spoken before to the
question may rise and speak before the negative be put;
because it is no full question till the negative part be put.
Scob., 23; 2 Hats., 73.
N o t e .— See Senate Rule X I X .
1
But in small matters, and which are, of course, such as
receiving petitions, reports, withdrawing motions, reading
papers, &c., the Speaker most commonly supposes the con
sent 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; 5 Grey, 129; 9 Grey, 301.
SEC.
XL.
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. Halcew., 153.
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 tliis
would be to pass on two readings in the same day.
At the third reading the Clerk reads the bill and defivers
it to the Speaker, who states the title, that it is the third
I
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m anual
.
283
time of reading the bill, and that the question will be whether
it shall pass. Formerly the Speaker, or those who prepared
a bill, prepared also a breviate or summary statement of its
contents, which the Speaker read when he declared the
state of the bill at the several readings. Sometimes, however,
he read the bill itself, especially on its passage. Halcew., 136,
137, 153; Coke, 22, 115. Latterly, instead of this, he, at the
third reading, states the whole contents of the bill verbatim,
only, instead of reading the formal parts, “ Be it enacted,”
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 for
malities 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 proviso it hath been sometimes suffered, but as a
thing very unusual. Halcew, 156. Thus (27 El., 1584) a
bill was committed on the third reading, having been formerly
committed on the second, but is declared not usual (ZTEwes,
337, col. 2; 414, col. 2).
When an essential provision has been omitted, rather than
erase the bill and render it suspicious they add a clause on a
separate paper, engrossed and called a rider, which is read
and put to the question three times. Elsynge’s Memo., 59;
6 Grey, 335; 1 Blackst., 183. For examples of riders, see 3
Hats., 121, 122, 124, 156. Everyone is at liberty to bring in
a rider without asking leave. 10 Grey, 52.
It is laid down as a general rule that amendments pro
posed at the second reading shall be twice read, and those
proposed at the third reading thrice read; as also all amend-
Jeffe
r so n ’s
m a n u a l
.
merits from the other House. Town., col. 19, 23, 24, 25, 26,
27,28.
It is with great and almost invincible reluctance that
amendments are admitted at this reading which occasion
erasures or interlineations. Sometimes a proviso has been
cut off from a bill; sometimes erased. 9 Grey, 513.
This is the proper stage for filling up blanks; for if filled
up before, and now altered by erasure, it w’ould be pecu
liarly unsafe.
At this reading the bill is debatod afresh, and for the most
part is more spoken to at this time than on any of the former
readings. Hakew., 153.
The debate on the question wdiether it should be read a
third time has discovered to its friends and opponents the
arguments on which each side relies, and which of these
appear to have influence with the House; they have had
time to meet them with new arguments and to put their old
ones into new shapes. The former vote has tried the strength
of the first opinion and furnished grounds to estimate the
issue; and the question now 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 hand, puts the question for its passage, by* saying,
“ Gentlemen, all you wrho are of opinion that this bill shall
pass, say aye;” and after the answer of the ayes, “ All those
of the contrary opinion, say no.” Hakew., 154.
After the bill is passed, there can be no further alteration
of it in any point. Ilakew., 159.
SEC.
X L I.
D IV IS IO N
OF
TH E
HOUSE.
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
r
I
JEFFERSO N S M A N U A L .
285
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 deci
sion, 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 inatten
tive. 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 proceeding contrary to the estab
lished course, are to go out. But this rule is subject to
many exceptions and modifications (2 Hats., 134; 1 Rush.,
p. 8, fol. 92; Scob., 43, 52; Co., 12, 116; D ’ Ewes, 505, col. 1;
Mem. in Hakew., 25, 29), as will appear by the following
statement of who go forth.
*Noes.
9 Grey, 365.
of Co
Petition, that it be received*....................
[Ayes.
R ead. ....... .................................................
Petition, lie on the table..........................................
«oes.
Rejected after refusal to lie on table.................j
Referred to a committee, or further proceeding. Ayes.
Bill, that it be brought in ....................... —
Read first or second tim e_____________
Ayas.
Engrossed or read third tim e_________
Proceeding on every other stage______
Committed_______ ___________ __ ...........
To Committee of the W hole............... ............ Noes.
To a select com m ittee................... .................. Ayes.
Report of bill to lie on table______________
Noes.
Jeffe
r so n ’s
m a n u a l
.
Be now read
Be taken into consideration three months
hence . . . ---------- --------------------------------Amendments to be read a second time......... Noes.
Clause offered on report of bill be read second
time............................................................. Ayes.
For receiving a clause.......................... ........
With amendments be engrossed-------------That a bill be now read a third time----------- Noes.
Receive a rider------ -------- ----------------------- ]
Ayes.
Pass__________________________ •
_________
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 com
mittee ------ ----------------------------------------- •Noes.
Speaker. That he now leave the chair, after
order to go into committee------- ---------That he issue warrant for a new writ-----Member. That none be absent without leave Witness. That he be further examined----- Ayes.
Previous question. ......................... ................. Noes.
Blanks. That they be filled with the largest
sum ............. ...................... - - - ........... ........
Amendments. That words stand part o f . . .
Lords. That their amendment be read a
second tim e---------------------------------------Messenger be received....................
Orders of day to be now read, if before
2 o ’c lo c k ................- ......... .— .............
If after 2 o ’clock................... .. . - — ------- Adjournment. Till the next sitting day, if
before 4 o ’c lo c k .................... .......... .........
Noes.
If after 4 o ’clock...........................................
334.
395.
398.
260.
259.
291.
344.
I
Je f f e r s o n ’s m a n u a l .
287
Over a sitting day (unless a previous reso
J Ayes.
lution) _______________________________
Noes.
Over the 30th of January_______________
For sitting on Sunday, or any other day not
} Ayes.
being a sitting d a y .------- -------------------The one party being gone forth, the Speaker names two
tellers 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. in Ilakew., 26.
A mistake in the report of the tellers may be rectified after
the report made. 2 Hats., 11+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-Presidont
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
disapproved by the President and returned with his objec
tions, “ 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., 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 onefifth have risen, he then states that “ those who are of opinion
0 9 4 5 4 °— S. Doc.- 3 49 , 0 7 - 4 -------- 19
288
Je f f e r s o n ’s m a n u a l .
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 ote .—See Senate Rule X II, clause 1.
In the House of Commons, every member must give his
vote the one way or the other (Scob., 24), as it is not per
mitted to any one to withdraw who is in the House when
the question is put, nor is any one to be told in the division
who was not in when the question was put (2 Hats., 140).
N ote .—See Senate Rule X I I , clause 11.
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 pari passu. It is
true also when the question is put in the usual way, if the
negative has also been put; but if it has not, the member
entering, or any other member may speak, and even propose
amendments, by which the debate may be opened again, and
the question be greatly deferred. And as some who have
answered aye may have been changed by the new arguments,
the affirmative must be put over again. If, then, the mem
ber entering may, by speaking a few words, occasion a repe
tition 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
censure of the House if irregular. He sometimes permits old
Je f f e r s o n ’s m a n u a l .
289
experienced members to assist him with their advice, which
they do sitting in their seats, covered, to avoid the appear
ance 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. Ilakew., 93. But if the
House be equally divided, semper presumatur pro negante;
that is, the former law is not to be changed but by a majority.
Towns., col. 134.
But in the Senate of the United States the Vice-President
when the House is divided. Constitution United
States, /, 3.
When 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 Eliz., who in like case changed his opinion.
Mem. in Ilakew., 27.
d e c id e s
SEC. XLIT.
TITLES.
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.
SEC. XL lII.
reconsideration .
1798, January—A bill on its second reading being amended,
and on the question whether it shall be read a third time
negatived, was restored by a decision to reconsider that
question. Here the votes of negative and reconsideration,
like positive and negative quantities in equation, destroy one
290
J e f f e r s o n ’s
m a n u a l.
another, and are as if they were expunged from the journals.
Consequently the bill is open for amendment just so far as
was the moment preceding the question for the third reading;
that is to say, all parts of the bill are open for amendment
except those on which votes have been already taken in its
present stage. So, also, it may be recommitted.
N o t e .— See Senate Rule X I I I .
*The rule permitting a reconsideration of a question affix
ing to it no limitation of time or circumstance, it may be
asked whether there is no limitation ? If, after the vote, the
paper on which it is passed has been parted with, there can
be no reconsideration, as if a vote has been for the passage
of a bill, and the bill has been sent to the other House. But
where the paper remains, as on a bill rejected, when, or under
what circumstances, does it cease to be susceptible of recon
sideration? 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 question is done with, should induce
them to reform this anomalous proceeding.
N o t e .—See Senate Rule X I I I .
■ i
In Parliament a question once carried can not be ques
tioned again at the same session, but must stand as the
judgment of the House. Towns., col. 67; Mem. in Hakew.,
83. And a bill once rejected, another of the same substance
can not be brought in again the same session. Hakew., 158;
6 Grey, 392. But this does not extend to prevent putting
the same question in different 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 in
sertion 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 discussion. Towns., col.*
* The rule now fixes a limitation.
I
Je f f e r s o n ’s m a n u a l .
291
26; 2 Hats., 98, 100,101. So orders of the House, or instruc
tions 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 back. Tb.,
92; 8 Eats., 161. 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. Eakew., 97, 98.
N o t e .—See Senate Rule X X V I .
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 Eats., 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 Eats.. 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 Eats., 94, 98. Or a part of the subject
may be taken up by another bill, or taken up in a different
way. 6 Grey., 804, 316.
And in cases of the last magnitude, this rule has not been
so strictly and verbally observed as to stop indispensable
proceedings altogether. 2 Eats., 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 smallness 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 Eats., 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 Eats., 95, 98. This-is not in contradiction to the first act.
Je f f e r s o n ’ s m a n u a l .
292
SEC. XLIY.
BILLS SENT TO THE OTHER HOUSE.
A bill from the other House is sometimes ordered to lie on
the table. 2 Hats., 97.
When bills, passed in one House and sent to the other, are
grounded on special facts requiring proof, it is usual, either
by message or at a conference, to ask the grounds and evi
dence; and this evidence, whether arising out of papers, or
from the examination of witnesses, is immediately com
municated. 3 Hals., J+8.
N o t e .— See Senate Rule X X V .
SEC. XLV.
AMENDMENTS BETWEEN THE HOUSES.
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 it; the Com
mons insist on their disagreement; the Lords adhere to their
amendment; the Commons adhere to their disagreement.
The term of insisting may be repeated as often as they
choose to keep the question open. But the first adheience
by either renders it necessary for the other to recede or ad
here also; when the matter is usually 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 par
liamentary usage, by the Lords. 7 Grey, 94. It was cer
tainly a happy innovation, as it multiplies the opportunities
of trying modifications wLich may bring the Houses to a
concurrence. Either House, however, is free to pass over
the term of insisting, and to adhere in the first instance (10
Grey, 146), but it is not respectful to the other. In the
Je f f e r so n ’s m a n u a l .
293
ordinary parliamentary course, there are two free confer
ences, at least, before an adherence. 10 Grey, 1A7.
Either House may recede from its amendment and agree
to the bill; or recede from its disagreement to the amend
ment, and agree to the same absolutely, or with an amend
ment; for here the disagreement and receding destroy one
another, and the subject stands as before the disagreement.
Elysnge, 23, 27; 9 Grey, 476.
But the House can not recede from or insist on its owm
amendment 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 amend
ment from the other House by ingrafting an amendment on
it, because they have never assented to i t ; but they can not
amend their own amendment, because they have, on the
question, passed it in that form. 9 Grey, 363; 10 Grey, 240.
In Senate, March 29, 1798. Nor where one House has ad
hered to their amendment, and the other agrees with an
amendment, can the first House depart from the form which
they have fixed b)^ an adherence.
In the case of a money bill, the Lords proposed amend
ments, become, by delay, confessedly necessary. The Com
mons, however, 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’ amendments; and urged that it was an expedi
ent warranted by precedent, and not unparliamentary in a
case become impracticable and irremediable in any other
way. 3 JJats., 256, 266, 270, 271. But the Lords refused,
and the bill was lost. 1 Chand., 288. A like case, 1 Chand.,
311. 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
CJiand., 312.
294
Je f f e r s o n ’s m a n u a l .
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 with which they passed the bill is a part of its
text; it is the oidy text they have agreed to. The amend
ment 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 amend
ment 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 amend
ment to it be moved, an amendment to that amendment
may also be moved, as being only in the second degree.
SEC. X L V I .
CON FER E N CE S.
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 matters depending between them. The request of a con
ference, however, must always be by the House which is
possessed of the papers. 3 Hats., 31 / 1 Grey, 423.
Conferences may be either simple or free. At a conference
simplv, 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, 144- 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
Je f f e r s o n ’ s m a n u a l .
295
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 neces
sary measure is not imputable to them. 3 Grey, 235. At
free conferences, the managers discuss, viva voce and freely,
and interchange propositions for such modifications as may
be made in a parliamentary way, and may bring the sense
of the two Houses together. And each party reports 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 Eats., 269, 341. In which case the papers are not left with
the other conferees, but are brought back to be the founda
tion of the vote to be given. And this is the most reason
able and respectful proceeding; for, as was urged by the
Lords on a particular 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, “ 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 Commons had asked a free conference
after they had made resolutions of adhering. It was then
affirmed, however, on the part of the Commons, that noth* 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.
Je
f f e r s o n ’s
m a n u a l
.
mg was more parliamentary than to proceed with free con
ferences 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., 251, 253, 260, 286,
291, 316, 349); of insisting (ib., 280, 296, 299, 319, 322,
355); of adhering (ib., 269, 270, 283, 300), and even of a
second or final adherence (3 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 re
fused to receive them they were left on the table in the con
ference chamber. Ib., 271, 317, 323, 354; 10 Grey, 146.
After a free conference, the usage is to proceed with free
conferences, and not to return again to a conference. 3 Hats.,
270; 9 Grey, 229.
After a conference is'denied, a free conference may be
asked. 1 Grey, 45.
When a conference is asked, the subject of it must bo ex
pressed, or the conference not agreed to. Ord. II. Cam., 89;
1 Grey, I$5; 7 Grey, 31. They are sometimes asked to
inquire concerning an offense or default of a member of the
other House. 6 Grey, 181; 1 Chand., 304. Or the failure
of the other House to present to the King a bill passed by
both Houses. 8 Grey, 302. Or on information received,
and relating to the safety of the nation. 10 Grey, 171. Or
when the methods of Parliament are thought b y the one
House to have been departed from by the other, a confer
ence is asked to come to a right understanding thereon.
10 Grey, 148. So when an unparliamentary message has
been sent, instead of answering it they ask a conference.
3 Grey, 155. Formerly an address or articles of impeach
ment, or a bill with amendments, or a vote of the House, or
concurrence in a vote, or a message from the King, were
sometimes communicated by way of conference. 6 Greu
128, 300, 387; 7 Grey, 80; 8 Grey, 210, 255; f Torbuclc's
JEFFERSON S M A N U A L .
297
Deb., 278; 10 Grey, 293; 1 Chan., 49, 287. But this is not
the modern practice. 8 Grey, 255.
A conference lias been asked after the first reading of a
bill. 1 Grey, 194. This is a singular instance.
N ote .—See Senate Rule X X V I I.
SEC. X L V I I .
M ESSAG ES.
Messages between the Houses are to be sent only while
both Houses are sitting. 3 Ilats., 15. They are received
during a debate without adjourning the debate. 3 Hats., 22.
I 11 the Senate the messengers are introduced in any state
of business, except (1) while a question is being put; (2)
while the yeas and nays are being called; (3) while the bal
lots are being counted. The first case is short; the second
and third are cases where any interruption might occasion
errors difficult to be corrected. So arranged June 15, 1798.
N ote;.—See Senate R ule X X V I I I .
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, 274If messengers commit an error in delivering their message,
they may be admitted or called in to correct their message.
4 Grey, JI. Accordingly, March 13, 1800, the Senate having
made two amendments to a bill from the House of Repre
sentatives, their Secretary, by mistake, delivered one only;
which, being inadmissible by itself, that House disagreed,
and notified the Senate of their disagreement. This pro
duced a discovery 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
298
JEFFERSO N S M A N U A L .
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., 178.
It is not the usage for one House to inform the other by
what numbers a bill is passed. 10 Grey, 150. Yet they have
sometimes recommended a bill, as of great importance, to
the consideration of the House to which it is sent. 3 Hats.,
25. Nor when they have rejected a bill from the other
House do they give notice of it; but it passes sub silentio,
to prevent unbecoming altercations. 1 Blackst., 183.
But in Congress the rejection is notified by message to the
House in which the bill originated.
A question is never asked by the one House of the other by
way of message, but only at a conference; for this is an inter
rogatory, not a message. 3 Grey, 151, 181.
When a bill is sent by one House to the other and is neg
lected, they may send a message to remind them of it.
3 Hats., 25; 5 Grey, 151,.. 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 accom
panied with an original declaration, signed by the party to
which the message referred, its being sent to one House was
not noticed by the other, because the declaration, being
original, could not possibly be sent to both Houses at the
same time. 2 Hats., 260, 261, 262.
The King having sent original letters to the Commons,
afterwards desires they may be returned, that he may com
municate them to the Lords. 1 Chan., 303.
I
Je f f e r s o n ’ s m a n u a l .
SEC. XLVIII.
299
ASSENT.
The House which has received a bill and passed it may pre
sent it for the King’s assent, and ought to do it, though they
have not by message notified to the other their passage of it.
Y et the notifying by message is a form which ought to be
observed between the two Houses from motives of respect
and good understanding. 2 JIats., 2^2. Were the bill to be
withheld from being presented to the King, it would be an
infringement of the rules of Parliament. Tb.
When a bill has passed both Houses of Congress, the House
last acting on it notifies its passage to the other, and delivers
the bill to the Joint Committee of Enrollment, who see that
it is truly enrolled in parchment. When the bill is enrolled,
it is not to be written in paragraphs, but solidly, and all of a
piece, that the blanks between the paragraphs may not give
room for forgery. 9 Grey, 1^8. 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 bv 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 ap
prove, he signs, and deposits it among the rolls in the office
of the Secretary 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 disapproves, 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 twothirds of that House, it shall become a law. If any bill shall
not, be returned by the President within ten days (Sundays
iii,
300
Je f f e r s o n ’s m a n u a l .
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. Constitution, I, 7.
Every order, resolution, or vote to which the concurrence
of the Senate and House of Representatives may be neces
sary (except on a question of adjournment), shall be pre
sented 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 prescribed in the case of a bill. Constitu
tion, I, 7.
SEC. X L IX .
JO U R N A LS.
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, I, 5.
N ote .—See Senate Rule IV .
If a question is interrupted by a vote to adjourn, or to
proceed to the orders of the day, the original question is
never printed in the journal, it never having been a vote,
nor introductory to any vote; but when suppressed by the
previous question, the first question must be stated, in order
to introduce and make intelligible the second. 2 Rats., 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.
i:. tj,; „ i , , . jJ;
Where amendments are made to a question, those amend
ments 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
-j e f f e r s o n ’ s m a n u a l .
301
may he improper to publish to the world in the form in
which they are made. 2 Hats., 85.
In both Houses of Congress all questions whereon 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, 5.
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., 110, 111; Lex Pari., lllf, 115;
Jour. II. Cl, Mar. 17, 1592; Hale, Pari., 105. For the
Lords, in their House, have power of judicature, the Com
mons, in their House, have power of judicature, and both
Houses together have power of judicature; and the book of
the clerk of the House of Commons is a record, as is affirmed
by act of Parliament (6 H. 8, c. 16; If. Inst., 23, 2If), and every
member of the House of Commons hath a judicial place.
5 Inst., 15. As records they are open to every person, and
a printed vote of either House is sufficient ground for the
other to notice it. Either may appoint a committee to
inspect the journals of the other and report what has been
done by the other in any particular case. 2 Hats., 261;
3 Hats., 27-30. Every member has a right to see the
journals and to take and publish votes from them. Being a
record, everyone may see and publish them. 6 Grey, 118,119.
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., 19If, 195.
N o t e .— Soo Senate Rule III.
SEC. L .
A D JO U RN M EN 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
JEFFERSO N S M A N U A L .
can only signify his desire, and it is in the wisdom and pru
dence of either House to comply with his requisition, or not,
as they see fitting. 2 Hats., 232; 1 Blackst., 186; 5 Grey, 122.
By the Constitution of the United States, a smaller number
than a majority may adjourn from day to day. Constitu
tion, I, 5. But “ neither House, during the session of Con
gress, 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,
1, 5. And in case of disagreement between them, with
respect to the time of adjournment, the President may
adjourn them to such time as he shall think proper. Con
stitution, II, 3.
A motion to adjourn simply can not be amended, as by
adding “ to a particular d a y ;” but must be put simply “ that
this House do now adjourn;” and if carried in the affirma
tive, it is adjourned to the next sitting day, unless it has
come to a previous resolution “ that at its rising it will ad
journ 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., 305; or for a
quarter of an hour. 5 Grey., 331.
If a question be put for adjournment, it is no adjournment
till the Speaker pronounces it. 5 Grey., 137. And from
courtesy and respect, no member leaves his place till the
Speaker has passed on.
SEC.
L I.
A
S E S S IO N .
Parliament have three modes of separation, to wit, by
adjournment, by prorogation or dissolution by the King,
or by the efflux of the term for which they were elected.
Prorogation or dissolution constitutes there what is called a
session, provided some act was passed. In this case all
I
mmm
JEFFERSO N S M A N U A L .
N o t e .— Sec Senate Rule X X X I I .
A r t. of C o n fe d e ra tio n
3o
O rd in a n c e
Committees may be appointed to sit during a recess by adjournment, but not by prorogation. 5 Grey, 374; 9 Grey,
350; 1 Chand., 50. 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 is by a bill constituting them commissioners
for the particular purpose.
Congress separate in two ways only, to wit, by adjourn
ment, or dissolution by the efflux of their time. What, then,
constitutes 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 extraordi
nary occasions, to convene both Houses, or either of them.”
Constitution, I, 3. If convened by the President’s proclama
tion, this must begin a new session, and of course determine
the preceding one to have been a session. So if it meets
under the clause of the Constitution, which says, “ the Con
gress 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 d a y” Constitution (/, 4),
Deda o f Independence :
matters depending before them are discontinued, and at
their next meeting are to be taken up de novo, if taken up at
Jill. 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. All
matters depending remain in statu quo, and when they meet
again, be the term ever so distant, are resumed, without any
fresh commencement, at the point at which they were left.
1 Lev., 165; L. Pari., c. 2; 1 Ro. Rep., 29; 4 Inst., 7, 27, 28;
Hutt., 61; 1 Mod., 252; RvffTi. Jac., L. Diet. Parliament; 1
Blackst., 186. Their whole session is considered in law but
as one day, and has relation to the first day thereof. Bro.
Abr. Parliament, 86.
6 9 4 5 4 °— S. D o c. 349 , 6 7 -4 ------- 20
C / ': i
I
304
Je f f e r s o n ’s m a n u a l .
this must begin a new session; for even if the last adjourn
ment 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 Representa
tives be authorized to close the present session by adjourning
their respective Houses on t h e ------ day o f ------- . ”
When it was said above that all matters depending before
Parliament were discontinued by the determination of the
session, 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., 120, 381; Ruffh. Jac., L. D.
Parliament.
Impeachments stand, in like manner, continued before the
Senate of the United States.
SEC. EJI.
TR 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. Con
stitution, II, 2.
N o t e .— See Senate Rules X X X V I and X X X V II, clauses and 3 .
Treaties are legislative act;?. 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. In all countries, I believe, except
England, treaties are made by the legislative power; and
there, also, if they touch the laws of the land, they must
be approved by Parliament. Ware v. Hylton, 3 Dallas's
j e f f e r s o n 5s
m anual
.
305
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, 1). 1 , c. 19, sec. 214. An act of Parlia
ment 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
articlos 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, 457; 2 SmoUet, 242, 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 the President and
Senate can not do by treaty what the whole Government
is interdicted from doing in any waj^. 4. And also to
except those subjects of legislation in which it gave a par
ticipation to the House of Representatives. This last ex
ception is denied by some on tho ground that it would leave
very little matter for tho treaty power to work on. The less
the better, say others. The Constitution thought it wise to
restrain tho Executive and Senate from entangling and
embroiling our affairs with those of Europe. Besides, as
the negotiations are carried on by the Executive alone, the
306
JEFFERSON’S M A N U A L .
subjecting to the ratification of the Representatives such
articles as are within their participation is no more incon
venient than to the Senate. But the ground of this excep
tion is denied as unfounded. 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 in
fringed 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. T his
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.
SEC. LO T.
IM P E A C H M E N T .
The House of Representatives shall have tho sole power
of impeachment. Constitution, /, 3.
The Senate shall have the sole power to try all impeach
ments. When sitting for that purpose, they shall lie on
oath or affirmation. When the President of the United
States is tried, the Chief Justice shall preside; and no per
son shall be convicted without the concurrence of two-thirds
Je f f e r s o n ’s m a n u a l .
307
of the members present. Judgment in cases of impeach
ment 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 indict
ment, trial, judgment, and punishment according to law.
Constitution, 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 misdemeanors. Constitution, II, J.
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 folio whig is a
sketch of some of the principles and practices of England
on the same subject:
Jurisdiction. The Lords can not impeach any to them
selves, nor join in the accusation, because they are the
judges. Seld. Judic. in Pari., 12, 63. Nor can they proceed
against a commoner but on complaint of the Commons. II.,
84. The Lords may not, b y 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 b y his peers
generally; but on accusation by the House of Commons,
they may proceed against the delinquent, of whatsoever
degree, and whatsoever bo 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 the judg
ment is given on their demand, which is instead of a verdict.
So the Lords do only judge, but not try the delinquent.
lb., 6, 7, But Wooddeson denies that a commoner can now
be charged capitally before the Lords, even by the Commons;
and citos Fitzharris’s case, 1681, impeached of high treason
where the Lords remitted the prosecution to the inferior
'•i.uuUnp; Order; of the ien.
Rules for Sen. Wing; Cap,
308
Jefferson’s
m a n u al .
court. 8 Grey’s Del., 325-7; 2 Wooddeson, 576, 601; 3 Seld
1604, 1610, 1618, 1619, 1641; 4 Blackst., 25; 9 Seld., 1656;
73 Seld., 1604-18.
Accusation. The Commons, as the grand inquest of the
nation, become suitors for penal justice. 2 Wood., 597; 6
Grey, 356. The general course is to pass a resolution con
taining 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 seques
tered from his seat, or be committed, or that the peel’s will
take order for his appearance. Sachev. Trial, 325; 2 Wood.,
602, 605; Lords’ Joum., 3 June, 1701; 1 Wms., 616; 6 Grey,
324.
Process. If the party do not appear, proclamations are
to be issued giving him a day to appear. On their return
they are strictly examined. If any error be found in them,
a new proclamation issues, giving a short day. If he appear
not, his goods may be arrested, and they may proceed.
Seld. Jud., 98, 99.
Articles. The accusation (articles) of the Commons is
substituted in place of an indictment. Thus, by the usage
of Parliament, in impeachment for writing or speaking, the
particular words need not be specified. Sack. Tr., 325; 2
Wood., 602, 605; Lords’ Joum., 3 June, 1701; 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 misdemeanor only, he answers, a lord in his place,
a commoner at the bar, and not hi custody, unless, on the
answer, the Lords find cause to commit him till he finds
sureties to attend and lest he should fly. Seld. Jud., 98, 99.
A copy of the articles is given him and a day fixed for his
answer. T. Ray.; 1 Rushw., 268; Fost., 232; 1 Clar. Uist.
\
Jefferson’ s
m anual .
309
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o f the Reb , 379. On a misdemeanor his appearance may be
in person or he may answer in writing, or by attorney.
Seld. Jud., 100. The general rule on accusation for a mis
demeanor is that in such a state of liberty or restraint as
the party is when the Commons complains of him, in such
ho is to answer. I b ., 101. If previously committed by the
Commons ho answers as a prisoner. But this may be called
in some sort judicium parium suorum. lb. In misdemean
ors the party has a right to counsel by the common law, but
not in capital cases. Seld. Jud., 102, 105.
Answer. The answer need not observe great strictness of
form. He may plead guilty as to part and defend as to the
residue; or, saving all exceptions, deny the whole, or give a
particular answer to each article separately. 1 Rush., 274;
2 Rush., 1374; 1® P a r i. Hist., 44®> 3 Lords’ Journ., 13 Nov.,
1643; 2 Wood., 607. But he can not plead a pardon in bar
to the impeachment. 2 Wood., 615; 2 St. Tr., 735.
Replication, rejoinder, etc. There may be a replication,
rejoinder, etc. Seld. Jud,., 114; 3 Grey’s Deb., 233; Sach.
Tr., 15; Journ. House o f Commons, 6 March, 1640-41Witnesses. 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
interrogatories agreed on in the House or such as the com
mittee in their discretion shall demand. Seld. Jud., 120,123.
Jury. In the case of Alice Pierce (1 R., 2 ), a jury was
impaneled for her trial before a committee. Seld. Jud., 123.
But this was on a complaint, not on impeachment by the
Commons. Seld. Jud., 163. It must also have been for a
misdemeanor only, as the Lords spiritual sat in the case,
which they do on misdemeanors, but not in capital cases.
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 misdemeanors; but he makes no
doubt, if the delinquent doth put himself on the trial of his
310
J e f f e r s o n ’s m a n u a l .
country, a jury ought to be impaneled, 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 E., 3) was arraigned for the murder
of L. 2, on an information on the part of the King, and not on
impeachment of the Commons; for then they had been
patria sua. He waived his peerage, and was tried by a jury
of Gloucestershire and Warwickshire. Id., 126. In 1 II. 7,
the Commons protest that they are not to be considered as
parties to any judgment given, or hereafter to be given, in
Parliament. Id., 133. They have been generally and more
justly considered, as is before stated, as the grand jury; for
the conceit of Selden is certainly not accurate, that they are
the patria sua of the accused, and that the Lords do only
judge, but not try. It is undeniable that they do try; for
they examine witnesses as to the facts, and acquit or con
demn, according to their own belief of them. And Lord
Hale says, “ the peers are judges of law as well as of fact”
(2 Hale, P . C., 275) consequently of fact as well as of law.
Presence of Commons. The Commons are to be present
at the examination of witnesses. Seld. Jud., 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. o f Straff., 37; Com -Joum.,
4 Feb., 1709-10; 2 Wood., 614. And judgment is not to be
given till they demand it. Seld. Jud., 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 judg
ment in cases capital (Id. 58,158) 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. Jud., 167; 2 Wood., 612.
Je f f e r s o n ’s m a n u a l .
311
Judgment. Judgments in Parliament, for death, have
been strictly guided per legem terrse, which they 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. Jud., 168,
171. This trial, though it varies in external ceremony, yet
differs not in essentials from criminal prosecutions before
inferior courts. The same rules of evidence, the same legal
notions of crimes and punishments, prevailed; for impeach
ments 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. Tr., 1 4; 2 Wood., 611.
The Chancellor gives judgment in misdemeanors; the Lord
High Steward formerly in cases of life and death. Seld. Jud.,
180. But now the Steward is deemed not necessary. Fost.,
144; % Wood., 613. In misdemeanors the greatest corporal
punishment hath been imprisonment. Seld. Jud., 184• The
King’s assent is necessary in capital judgments (but 2 Wood.,
6147 contra), but not in misdemeanors. Seld. Jud., 136.
Continuance. An impeachment is not discontinued by
the dissolution of Parliament, but may be resumed by the
new Parliament. T. Ray., 383; 4 Com. Journ., 23 Dec., 1790;
Lords’ Journ., May 15, 1791; 2 Wood., 618.
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INDEX TO JEFFERSON'S MANUAL.
A.
235
235
Accusation. Common fame a good ground to proceed by inquiry,
and even b y ....................................................................................................
Address,
how presented......................................................
Adhere, question discussed...... ...................................................................
effect of a vote to .............................. ................................................
240
236
281
281
question shall be: 1st, to agree; 2d, to disagree; 3d, to
recede; 4th, to insist; 5th, to adhere.....................................
281
one House adhering, the other must recede or also...............
where both Houses adhere the matter must fall.....................
281
281
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 ....................................................
281
281
281
302
301
302
provision for disagreement respecting............................
effect of, on business depending......................................
must be announced by the Chair....................................
Amendment to bills. (See also Bills).........................................................
301
302
302
256
proceedings in relation to and order of pro
0
256
258
260
259
in the third degree not admissible.......................
discussion of the nature and coherence o f . .
269
274
9A
pp in g.........................................................................
how to be reported....................................................
fall on recommitment...............................................
on reading of amendments to bills......................
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302
o f ^ tjufotH oru fm
to be declared by the Speaker.........................................
for more than three days, to be by concurrent
votes......................................................................................
1‘
280
of the session, all unfinished business falls.................. 291,302
of the session, modes and manner discussed..............
301
313
l)od» ot libWondeitiv
Absence not allowed without leave.............................................................
provision in cases of........................................................................
314
in d e x
to
Je
f f e r s o n ’s
m a n u a l
.
Page.
Amendment to bills, the House can not recede from or insist on
its own amendment with amendment...........
Speaker can not refuse to receive, because
inconsistent..............................................................
Amendment, may totally change the subject...........................................
if House refuse to strike out a paragraph, it can not
be amended.......................................................
if an amendment be agreed to it can not be after
wards amended.....................................................................
a new bill may be ingrafted on another...........................
mode of proceeding on amendments between the
Houses......... ............................................................................
a motion to amend an amendment of the other House
takes precedence of a motion to agree or disagree. .
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...........................................................
on amendments between the Houses, question is:
1st, to agree; 2d, disagree; 3d, recede; 4th, insist;
5th, adhere.............................................................................
made in Committee of the Whole falls by a reference.
proposed, inconsistent with one adopted, may be
put.............................................................................................
may be amended 'prior to adoption, but not after___
293
274
274
275
275
274
292
294
294
281
260
274
275
(proposed) by striking out, and lost, the paragraph
proposed to be stricken out can not be amended. .
not identical or equivalent to one lost may be pro
posed.........................................................................................
by insertion, how far liable to further amendment.........
Apportionment of Representatives, table of, from 1787 to 1910-----Appropriation may be made by resolution..............................................
Arrest, discussion of privilege from.............................................................
terminates with the session..............................................................
275
274
232
252
223
250
Assault and affrays in the House, how settled.........................................
Assent to bills by the Executive, regulationsrespecting.....................
247
299
Ayes and noes, how questions are determined b y ................................
no Member to vote if not present...................................
284
287
275
I
IN D E X
TO J E F F E R S O N ’S M A N U A L .
B.
Page.
244
mistakes not to be corrected without the knowledge of the
committee............................................................................................
not to be taken away or concealed.................................................
to be fairly written, or Speaker may refuse them .....................
introduction, reading, and commitment.......................................
amendments fall if recommitted.....................................................
244
244
253
253
260
a particular clause may be recommitted......................................
can not be amended on the first reading......................................
amendments, how proceeded with.................................................
proceedings on second reading.........................................................
if second reading refused, the bill is rejected.............................
time for attacking or opposing.......................................................... 262
259
253
274
253
280
284
one bill may be ingrafted on another............................................
one House may pass with blanks to be filled in the other___
on third reading, forms observed.....................................................
274
277
282
on third reading, may be committed for certain action.........
on third reading, amended by riders.............................................
on third reading, blanks filled.........................................................
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.............................................................................
283
283
284
256
284
250
252
253
253
proceedings on second reading.........................................................
how and to whom committed...........................................................
253
255
shall be read twice before commitment........................................
not to be referred to avowed opponents......................... ..............
253
254
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 H ouse..
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 solidly..............................
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
255
292
297
298
298
299
299
293
262
vf' l/'-W
Constitution
Art,, of fJonfodonition
Bills, engrossed, must not be looked into.................................................
316
IN D E X
TO JE F F E R SO N S M A N U A L .
Page.
Bills, 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............................
proceedings upon, in Committee of the Whole, etc..................
titles, when made..................................................................................
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 in .........................................
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 may b e ..................................................................... ..............
can not strike out at a conference anything in a bill which
293
294
254
289
289
290
289
293
291
291
291
292
294
296
294
295
293
has been agreed to by the two Houses....................................
299
proceedings when disapproved.........................................................
not returned in ten days to be laws, unless an adjournment
299
intervene..............................................................................................
Blanks, longest time, largest sum, first put.............................................. 270,276
277
bills may be passed with, and be filled in other House----284
may be filled in engrossed bills....................................................
construction of the rule for fillin g..............................................
277
Breach, of'privilege, mode of proceeding on charge of............................
228
case of the editor of the Aurora.............................
225
Bribery (Randall and Whitney’s case), breach of privilege...............
Business, order of, in Senate........................- ............................................
a settled order in its arrangement useful............................
225
241
241
k
in d e x
to
Je f f e r s o n ’s m a n u a l .
c.
Call of the House, proceedings in case of.................................................
Chairman of a committee is usually the first person named___ ____
of Committee of the Whole may he elected........................
Challenge, breach of privilege......................................................................
Change of vote, right to....................................................................................
Cleric puts questions before election of Speaker.....................................
to read standing.......................... . .......... ..............................................
numbers the sections....................
may correct his errors in delivering messages..............................
Coexisting questions discussed.......................................................................
Committees can not inquire concerning their members.......................
must not sit when House is in session................................
the person first named may act as chairman, but they
may elect a chairman...........................................................
317
Page.
234
237
238
225
289
235
261
277
297
280
237
237
237
manner of appointing the members and control over
them by the House................................................................ 237,254
manner of proceeding in ................................................. 237, 254, 257
can not erase, interline, or blot a bill.................................
257
can not reconsider or alter their own votes.......................
257
how they report amendments...............
257
may be appointed to sit in the recess after adjourn
ment............. ................................. . . ' .......................................
303
can not receive a petition except through the H ouse..
237
a member elect, though not returned, may be appointed
on (in Parliament)..................................................................
227
standing..................................................
237
forms and proceedings in ........................... ..................... 237, 254, 257
joint, how they a c t ...............
237
when notified that the House is sitting they are bound
237,238
to attend........................
who shall compose..................................................................... 254,255
how appointed.....................
237
time and place of meeting, when and where they please:
should not be unfriendly to a subject referred to them.
when a member is hostile to a measure referred to the
committee, he should ask to be excused.......................
the child should not be put to a nurse that cares not
for i t ............................................................................................
255
254
majority of, to constitute a quorum.....................................
255
254
254
they must act together and not by separate consultati0ns.............................................................................................
255
318
in d e x
to
Jeffe
r so n ’s
m a n u a l
.
Page.
Committees members of the House may be present at their sittings.
their power over a bill..............................................................
manner of reporting from a committee...............................
have entire control of a report recommitted.....................
dissolved by a report................................................................
may be revived by a vote.......................................................
255
255
258
258
258
258
may be discharged from instructions..................................
291
when they may sit during recess..........................................
303
effect of a reference to, when a bill has been amended
in Committee of the Whole.................................................
260
Committee o f the Whole, great matters usually referred to..................
238
may elect their chairman................................
238
Speaker may resume chair if great dis
order....................................................................
239
manner of doing business in, in Senate. . .
259
proceedings in ...................................................... 238, 254
broken up in disorder.................
239
can not adjourn...................................................
239
report proceedings..............................................
239
a bill amended in quasi Committee of the
Whole, may be referred to a special
committee.........................................................
260
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..
can not alter anything on which the Houses have
agreed........................................................................................
discussion of the nature and occasion o f...........................
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.
Counsel may be heard on private bills and law points as the House
directs................................................................................................................
Count of the House may be called. (See Division o f House)............
Covered, when members are not to b e........................................................
260
260
240
293
294
293
294
295
295
294
241
234
249
in d e x
to
Je f f e r s o n ’s m a n u a l .
319
D.
Page.
Debate, no one to speak impertinently, superfluously, or tediously.
not cut off till both sides of the question be put....................
forms and proprieties to be observed in....................................
the Speaker not allowed to engage in, except on points
of order..............................................................................................
if he rise to speak he must be first heard..................................
the Speaker may call a member by name for persistent
violations of order i n ....................................................................
indecent language against the proceedinp of the House
not to be used in ...............................
reviling, nipping, or unmannerly words against a mem
ber not to be used in ....................................................................
a member may speak at every reading of a bill.....................
where warm words or an assault has passed between mem
bers they may be required to declare in their places not
to prosecute the quarrel..............................................................
proceedings of the House not to be censured..........................
a member not to be called by his name i n ..............................
personalities to be prohibited.......................................................
motives not to be arraigned.................................................... ..
violation of order in, to be suppressed by the Speaker. . . .
disorderly words not to be noticed until the member has
finished.............................................................................................
disorderly words to be taken down immediately...................
proceedings of the other House not to be noticed i n ............
speeches or votes in one House on the same subject not
to be noticed in the other..........................................................
the Speaker to interfere promptly to arrest disrespectful
language toward the other House............................................
where the private interests of a member are concerned in
a question, he is to withdraw....................................................
Decorum. (See Debate)...................................................................................
Defamatory publications breach of privilege............................................
Disorder in Committee of the Whole, Speaker to resume chair if
great.........................................
members creating, proceed
in p in cases of......................
Disorderly words, how and when taken down..........................................
Division of the House, practice in ascertaining.......................................
Division of questions, discussed....................................................................
Doors, rule respecting their being closed.................................................
should not be shut, but be kept by persons appointed.........
Duel, challenge to, breach of privilege................................................. *
6 9 4 5 4 °— S. D oc. 349, 6 7 - 4 ___ 21
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Federal IReserve Bank of St. Louis
245
282
244
245
245
246
245
246
245
247
245
246
246
246
246
247
247
248
248
320
in d e x
to
je ff er so n ’s
m anual
.
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........
Equivalent questions discussed...................................................................
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
Page.
230
230
244
280
244
bill........................................................................................................
Secretary may correct an error in delivering a message------
291
297
Execution of subsisting order:
A member has a right to insist on the...............................................
No debate or delay shall be had on th e ...........................................
250
250
F.
Felony, mode of proceeding on charge of treason, breach of the
peace, or...........................................................................................................
228
G.
Gallery, clearing o f............................................................................................
Committee of the Whole can not punish for disorder i n . . .
250
261
H.
Hats, when to be taken off.........................................
House, division of, how ascertained.......................
House of Representatives. (See Representatives.)
249
284
I.
Impeachment, sketch of the law of Parliament respecting..................
Inconsistent or incongruous amendments not suppressed...................
Inquiry or accusation, common fame a ground for................. ..............
Insist, question discussed upon amendments between the Houses.
effect of vote to.....................................................................................
on execution of a subsisting order, a member m a y .................
306
274
240
292
292
250
Interests are concerned, no member is to be present when a bill is
under debate in which his private..........................................................
248
IN D E X
T O J E F F E R S O N 'S
M ANUAL.
321
Page.
Journal shall be kept by each House........................................................
of each House to be published.....................................................
shall show every vote.....................................................................
titles of bills and parts affected by amendments to be
inserted on.....................................................................................
what questions shall be entered on.........................................
300
300
301
300
301
a record in law.................................................................................
301
subject to examination..................................................................
301
directions as to making u p .. ..................................................... 300, 301
either House may notice and inspect Journal of the other.
301
how it may be amended..............................................................
301
270
Lie on table, may be called up at any time, matters that...................
Longest time, question first put, in filling blanks................................
266
270
M.
Majority decides on general questions......................................................
Members and officers of one House not amenable to the other...........
must vote when question is put.............................................
not to vote unless present when question was put...........
must withdraw when questions concerning themselves
or their private interests are debated................................
may be heard, but must withdraw before a question is
moved.............................................................................................
Memorial. (See Petition.)
Messages can not be received in Committee of the Whole...............
between the Houses, subject of, discussed.........................
289
248
288
288
248
249
238
297
Executive, to be made to both Houses at same tim e___
298
when they may be received........................................................
297
forms in receiving...........................................................................
297
errors in their delivery may be corrected............................
297
bills not acted on, the House may be reminded of them. .
298
Minority protected by adherence to rules.............................................
221
Mistakes. (See Errors)........................................................................... 244, 291, 297
Motion not to be put or debated until seconded..................................
251
to be put in writing, if desired.....................................................
252
to be read for information as often as desired by a member.
252
to adjourn not in order when a member has the floor...........
252
privileged, what shall be, discussed..........................................
264
removed from before House by adjournment, etc. (See
Questions)..........................................................................................
280
0i@dLofIndt'ocindouiv
L.
Largest sum, question first put, in filling blanks................................
322
in d e x
to
J e f f e r s o n ’s m a n u a l .
N.
Newspaper publications, defamatory, breach of privilege...............
Nipping, reviling, or unmannerly words not permitted in debate..
Page.
225
246
o.
Officers of either House, forms of nomination or election...................
235
of one House not amenable to the other....................................
Onslow, Mr., his opinion of importance of rules....................................
248
221
Opposition to bill, proper time to m ake............................................... 262, 284
Order, violated by Speaker by not putting question.............................
228
in Parliament “ instances make order” .........................................
243
respecting papers. (See Papers).....................................................
in debate. (See Debate).....................................................................
disorderly words in committee to be taken down and re
ported to the House.........................................................................
a member’s name may be called by the Speaker for disorder. .
questions of, may be adjourned....................................................
decision of the Speaker on points of, may be controlled----motives of members not to be called in question.....................
243
244
248
246
249
249
246
Committee of the Whole can not punish breach o f .....................
if point arise while question is putting, Speaker to decide
261
it peremptorily..................................................................................
Order of business, propriety of adhering to the........................................
288
241
for the Senate....................................................................
Order o f the day, how and when to be called up......................................
may be discharged at any time.....................................
can not be moved while member is speaking..........
241
250
250
252
takes precedence of all questions except adjourn
ment .................................................................................
264
Order o f the House, determined with the session.....................................
a member of the House may insist on the exe
cution of a subsisting..............................................
and without debate or delay....................................
250
Order, question of, to supersede a question depending......................
271
250
250
Order and resolution, distinction between...............................................
252
Order, special,
rules upon subject o f................................................ 249,264
in d e x
to
Je f f e r s o n ’s
m anual.
323
p.
.
Page.
Papers and journals not to be removed from Clerk’s table...............
Papers, rules respecting their preservation..............................................
reading of, how far they may be called for..............................
243
243
263
reading of, to be put before the principal question..............
referred, usually read by title......................................................
271
264
to be left with conferees of the House granting the con
fe r e n c e ...........................................................................................
296
relating to bills or amendments sent to the other House.. .
Parliament, eachHouseof, may adjourn independently of the other.
Petition and remonstrance, distinction........................................................
Petition to be presented by a member— its form, etc...........................
to be subscribed or written by petitioner................................
must be disposed of through the House...................................
question as to receiving..................................................................
292
301
251
251
251
251
251
Postpone indefinitely, quashes a question for the session.....................
Postpone beyond session, effect of.................................................................
Preamble last considered.................................................................................
265
265
256
President o f the Senate provided by the Constitution............................
President o f the United States, forms in presenting bills to..................
President pro tempore to be chosen in the absence of the VicePresident............................................................
at what time his office shall determine___
Previous question, its intention and effect................................................
can not be amended.....................................................
235
299
235
236
271
269
can an amendment be moved to main question
after the previous question has been moved
269
239
may be put in quasi-committee...............................
discussed...........................................................................
Priority and precedence o f motions, discussed...........................................
Privilege of Parliament has gradually increased....................................
261
271
264
222
of members of Parliament............................................................
of Senators and Representatives................................................
223
of
of
of
of
Senators, constructive exteift................................................
the two Houses, cases of alleged breach of........................
a member takes place by force of his election.................
members must be ascertained at the peril of the party
violating........... '.......................... ..................................................
of a member is the privilege of the House.............................
a member can not waive his.......................................................
222
225
225
227
228
228
228
•A V o n f o i h r a t h u
and seconded?............................................................
can not be put in Committee of the W h o le ____
Page.
Privilege is violated by Speaker not putting a question which is
in order........................................................................... ..............
228
of one House in relation to the other, or in relation to a
coordinate branch of the legislature..................................... 229, 248
225
228
breach of, party summoned or sent for...................................
breach of, by members, punishable by House only...........
breach of, by the King or Executive.......................................
members of one House can not be summoned by the other..
neither House can exercise authority over members or
229
241
officers of the other.....................................................................
of a member where he is charged or interested, e t c ..........
question of, takes precedence of the original question.. .
248
Privileged questions.
(See Questions)........................................................
248
271
264
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...............
230
239
247
271
264
264
280
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
282
282
288
288
298
ference ..........................................................................................
264
Questions, 'privileged, what shall be.............................................................
in filling blanks........................................................ 270, 277
268
in reference to commitment................................
to amend an amendment of the other House
takes precedence of a motion to agree or
d isa gree ................................................................
motion to amend has precedence over mo
tion to strike out a paragraph.'.......................
294
271
Questions o f order (incidental), how far they shall supersede any
other................. .................................................................................................
271
I
in d e x
to
Je f f e r s o n ’s m a n u a l .
325
Page.
Question, division of, how made...................................................................
what are divisible...................................................
when divided, it must be so that each part
may stand by itself.............................................
when divided, each point open to debate and
amendment...........................................................
278
278
279
279
Questions (coexisting) what suspends and what removes from the
House an existing question........................................................................
280
Questions, equivalent, what is considered..................................................
280
how determined by ayes and noes.........................................
288
to be resumed in statu quo when suspended by the want
of a quorum................................................................................
289
Question, previous. (See Previous question) ...........................................
271
Quorum only shall do business.....................................................................
234
what number shall be a..................................................................
234
234
how the attendance of, may be compelled............................
any member may call for a count for the purpose of ascer
taining.............................................................................................. 234, 250
not present suspends the question............................................. 234, 289
R.
Randall and Whitney, reference to case, breach of privilege.............
Reading of papers, question on, first put...................................................
a speech is not a right without leave.....................
a report of one House not of right in the other
225
271
263
House............................................................................
Recede, question discussed..............................................................................
on amendments between the Houses the question shall be:
1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th,
263
281
adhere.................................................................................................
one House adhering, the other must recede or adhere also..
281
292
the House can not recede from its own amendment with an
amendment.......................................................................................
Recommitment, amendments made in quasi-eommittee fall on........
Reconsideration of bills, orders, instructions, etc....................................
Remonstrance and petition, distinction.......................................................
Report o f committee, how to proceed in House........................................
Report of one House not to be read in the other if objected to .........
Representatives, apportionment of, from 1789 to 1910...........................
qualifications o f..................................................................
293
259
289
251
259
263
232
230
326
in d e x
to
Je f f e r s o n ’s m a n u a l .
Page.
Representatives, House of, of whom composed.........................................
shall choose their Speaker and other
231
officers............................................................
powers of, in relation to its rules and
235
the conduct of members...........................
Resolutions, facts, principles, and opinions may be expressed i n . .
244
252
money may be paid b y ..........................................................
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 o f each House, to whatcases they shall apply____
the execution of a subsisting order
may be insisted on...........................
all orders determine with the ses
sion........................................................
252
300
246
283
221
249
250
250
s.
Sections of bills may be numbered by Clerk.........................................
Senate, of whom composed and- how classed...........................................
the Vice-President to be the President of the.........................
277
230
235
shall choose their officers, etc.......................................................
power of, in relation to rules and the conduct of members..
235
243
equal division to be determined by the vote of the VicePresident............................................................................................
adjournment of. (See Adjournment)..........................................
session of, what constitutes.............................................................
Speaker, the House shall choose their........................................................
absence of, from sickness, another chosen..............................
violates order by not putting question.....................................
Clerk puts the question before election of..............................
may be removed at will of the House.......................................
not to speak unless to order, and to be first heard...............
288
301
302
235
236
228
235
236
245
261
reads sitting, rises to put question.............................................
can not refuse an amendment, inconsistent...........................
274
to decide point of order that arises in putting question
peremptorily, and may ask advice of old members___
288
Special orders. (See Orders)........................................................................... 249,264
Speech can not be read of right, a written................................................
263
Strike out, paragraph may be perfected before question to................
275
Strike out and insert, discussed..................................! . 1.............. 1............
275
Sum, largest, first put in filling blanks.....................................................
270
I
in d e x
to
Je f f e r s o n ’s m a n u a l .
T.
Tellers to count on division of the House.................................................
their errors rectified............................................................................
Time, longest, first put in filling blanks....................................................
Title to be on the back of the bill when engrossed...............................
when to be amended.............................................................................
Transposing of sections, rule respecting..................................................
Treason, mode of proceeding on charge of................................................
Treaties may be made by the President and Senate............................ ■
are legislative acts............................................................................
extent of the power to make.........................................................
may be rescinded by an act of the legislature.......................
papers to be communicated with................................................
ratified by nominal call..................................................................
proceedings upon..............................................................................
327
Page.
287
287
270
263
289
277
228
304
304
304
306
306
306
304
V.
Vote, a member can not vote till sworn....................................................
every metaber must..............................................................................
must not vote if not present..............................................................
change of...................................................................................................
227
288
288
289
w.
Warm words or quarrel, adjustment of....................................................... 247, 271
Whitney and Randall bribery case, reference to.....................................
225
Withdraw, members can not, when question is putting......................
288
Withdraw motions, rule of Parliament........................................................
271
Witnesses, how summoned, examined, etc...............................................
240
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.................................
287
288
288
288
288
Continences
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DECLARATION OF INDEPENDENCE— IN CONGRESS
JULY 4, 1776. f
THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED
STATES OF AMERICA.
When in the Course of human events, it becomes necessary
for one people to dissolve the political bands which have con
nected them with another, and to assume among the powers
of the earth, the separate and equal station to which the
Laws of Nature and of Nature’s God entitle them, a decent
respect to the opinions of mankind requires that they should
declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator with
certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness. That to secure these
rights, Governments are instituted among Men, deriving
their just powers from the consent of the governed, That
whenever any Form of Government becomes destructive of
these ends, it is the Right of the People to alter or to abolish
it, and to institute new Government, laying its foundation
on such principles and organizing its powers in such form, as
to them shall seem most likely to effect their Safety and
Happiness. Prudence, indeed, will dictate that Govern
ments long established should not be changed for light and
transient causes; and accordingly all experience hath shewn,
331
332
D E C L A R A T IO N
OF
IN D E P E N D E N C E .
that mankind, are more disposed to suffer, while evils are
sufferable, than to right themselves by abolishing the forms
to which they are accustomed. But when a long train of
abuses and usurpations, pursuing invariably the same
Object evinces a design to reduce them under absolute Des
potism, it is their right, it is their duty, to throw off such
Government, and to provide new Guards for their future
security. Such has been the patient sufferance of these
Colonies; and such is now the necessity which constrains
them to alter their former Systems of Government. The
history of the present King of Great Britain is a history of
repeated injuries and usurpations, all having in direct object
the establishment of an absolute Tyranny over these States.
To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome
and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate
and pressing importance, unless suspended in their operation
till his Assent should be obtained; and when so suspended,
he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation
of large districts of people, unless those people would relin
quish the right of Representation in the Legislature, a right
inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual,
uncomfortable, and distant from the depository of their
pubhc Records, for the sole purpose of fatiguing them into
compliance with his measures.
He has dissolved Representative Houses repeatedly, for
opposmg with manly firmness his invasions of the rights of
the people.
•
DECLARATION OF INDEPENDENCE.
333
He has refused for a long time, after such dissolutions, to
cause others to be elected; whereby the Legislative powers,
incapable of Annhilation, have returned to the People at
large for their exercise; the State remaining in the meantime
exposed to all the dangers of invasion from without, and con
vulsions within.
He has endeavored to prevent the population of these
States; for that purpose of obstructing the Laws for Naturali
zation of Foreigners; refusing to pass others to encourage
their migrations hither, and raising the conditions of new
Appropriations of Lands.
He has obstructed the Administration of Justice, by refus
ing his Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone, for the
tenure of their offices, and the amount and payment of their
salaries.
He has erected a multitude of New Offices, and sent
hither swarms of Officers to harrass our people, and eat out
their substance.
He has kept among us, in times of peace, Standing Armies
without the Consent of our legislature.
He has affected to render the Military independent of and
superior to the Civil power.
He has combined with others to subject us to a jurisdic
tion foreign to our constitution, and unacknowledged by our
laws; giving his Assent to their Acts of pretended Legisla
tion:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment
for any Murders which they should commit on the Inhabit
ants of these States:
334
DECLARATION OF INDEPENDENCE.
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by
jury:
For transporting us beyond Seas to be tried for pretended
offenses:
For abolishing the free System of English Laws in a neigh
boring Province, establishing therein an Arbitrary govern
ment, and enlarging its Boundaries so as to render it at once
an example and fit instrument for introducing the same
absolute rule into these Colonies:
For taking away our Charters, abolishing our most valu
able Laws, and altering fundamentally the Forms of our
Governments:
For suspending our own Legislatures, and declaring them
selves invested with power to legislate for us in all cases
whatsoever.
He has abdicated Government here, by declaring us out of
his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our
towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign
Mercenaries to compleat the wmrks of death, desolation and
tyranny, already begun with circumstances of Cruelty &
perfidy scarcely paralleled in the most barbarous ages, and
totally unworthy-the Head of a civilized nation.
He has constrained our fellovr-Citizens taken Captive on
the high Seas to bear Arms against their Country, to become
the executioners of their friends and Brethren, or to fall
themselves by their Hands.
DECLARATION OF INDEPENDENCE.
335
He has excited domestic insurrections amongst us, and has
endeavored to bring on the inhabitants of our frontiers, the
merciless Indian Savages, whose known rule of warfare, is an
undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for
Redress in the most humble terms: Our repeated Petitions
have been answered only by repeated injury. A Prince,
whose character is thus marked by every act which may
define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our British
brethren. We have warned them from time to time of
attempts by their legislature to extend an unwarrantable
jurisdiction over us.
We have reminded them of the circum
stances of our emigration and settlement here. We have
appealed to their native justice and magnanimity, and we have
conjured them by the ties of our common kindred to disavow
these usurpations, which would inevitably interrupt our con
nections and correspondence. They too have been deaf to
the voice of justice and of consanguinity. We must, therefore,
acquiesce in the necessity, which denounces our Separation,
and hold them, as we hold the rest of mankind, Enemies in
War, in Peace Friends.
WE,
THEREFORE,
the
R epresen TATIVES OF
THE
U nited States of A merica , in G e n e r al Congress , Assem
bled, appealing to the Supreme Judge of the world for the
rectitude of our intentions, do, in the Name, and by author
ity of the good People of these Colonies, solemly publish
and declare , That these United Colonies are, and of Right
ought to be free and independent States; that they are
Absolved from all Allegiance to the British Crown, and that
ponfbrences
33G
DECLARATION OF INDEPENDENCE.
all political connection between them and the State of Great
Britain, is and ought to he totally dissolved; and that as
free and independent
States , they have full Power to
levy War, conclude Peace, contract Alliances, establish Com
merce, and to do all other Acts and Things which
en t
States may of right do.
independ
And for the support of this
Declaration, with a firm reliance on the protection of Divine
Providence, We mutually pledge to each other our Lives,
our Fortunes and our sacred Honor.
(The foregoing declaration was, by order of Congress, engrossed, and
signed by the following members:)
JOHN HANCOCK.
New Hampshire.
Josiah B artlett ,
Wm. W hipple ,
M atthew T hornton .
Massachusetts Bay.
Sam l . A dam s ,
John A d a m s ,
R obt . T reat P a in e ,
E lbridge G e r r y .
Rhode Island, etc.
Step . H opkins ,
W illiam E llery .
Connecticut.
R oger S h er m an ,
Sa m ’ el H untington ,
W m . W illiams ,
O liver W olcott.
New York.
W m . F loyd ,
P hil . L ivingston ,
Frans. L
ew is,
L ewis M o r r i s .
New Jersey.
R ichd. Stockton ,
Jn o . W itherspoon ,
F ras . H opkinson ,
John H ar t ,
A b r a . Clar k .
DECLARATION OF INDEPENDENCE.
337
Pennsylvania.
Ja s . Smith ,
R obt . M orris ,
B enjamin R ush ,
B enja . F ran klin ,
John M orton ,
G eo . Clym er ,
G eo . T aylor ,
James W ilson ,
G eo . R oss .
Delaware.
T ho. M ’ K e a n .
C esar R od ney ,
G eo . R ead ,
Maryland.
Samuel Ch a se ,
W m . P aca ,
T hos . Sto n e ,
Charles Carroll of
Carrollton.
Virginia.
G eorge W yth e ,
T hos . N elson , jr.
F rancis L ightfoot L ee ,
Carter B raxton .
R ichard H en r y L e e ,
T ii Jefferson ,
B enja . H arrison ,
North Carolina.
W m . H ooper ,
Joseph H e w e s ,
John P e n n .
South Carolina.
E dward R utledge ,
T homas L ynch , junr.,
T hos . H e y w a r d , junr.,
A rthur Middleton .
Georgia.
B utton G w innett ,
L ym an H all,
G eo . W alton .
Resolved, That copies of the Declaration be sent to the sev
eral assemblies, conventions, and committees or councils of
safety, and to the several commanding officers of the Con
tinental Troops:
That it be
proclaimed
in each of the
U nited States , and at the H ead of the A r m y .— [Jour.
Gang., vol. 1, p. 896.]
lefferson^s Mwil
Ordinance of \TdZ
.
Con-;d!ution
ARTICLES OF CONFEDERATION.
[ While the Declaration of Independence was under consideration in the
Continental Congress, and before it was finally agreed upon, measures
were taken for the establishment of a constitutional form of government;
and on the 11th of June, 1776, it was “ Resolved, That a committee be
appointed to prepare and digest the form of a confederation to be entered
into between these Colonies;” which committee was appointed the next
day, June 12, and consisted of a member from each Colony, namely: Mr.
Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr. R. R. Livingston,
Mr. Dickinson, Mr. McKean, Mr. Stone, Mr. Nelson, Mr. Hewes, Mr. E .
Rutledge, and Mr. Gwinnett. On the 12th of July, 1776, the committee
reported a draught of the Articles of Confederation, which was printed
for the use of the members under the strictest injunctions of secrecy.
This report underwent a thorough discussion in Congress, from time to
time, until the 15th of November, 1777; on which day, “ Articles of Con
federation and Perpetual Union” were finally agreed to in form, and they
were directed to be proposed to the legislatures of all the United States,
and if approved by them, they were advised to authorize their delegates
to ratify the same in the Congress of the United States; and in that event
they were to become conclusive. On the 17th of November, 1777, the
Congress agreed upon the form of a circular letter to accompany the
Articles of Confederation, which concluded with a recommendation to
each of the several legislatures “ to invest its delegates with competent
powers, ultimately, and in the name and behalf of the State, to subscribe
articles of confederation and perpetual union of the United States, and
to attend Congress for that purpose on or before the 10th day of March
n ex t.” This letter was signed by the President of Congress and sent,
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Federal1 Reserve Bank of St. Louis
339
Sup* *
with a copy of the articles, to each State legislature.
On the 26th of June, 1778, Congress agreed upon the form of a ratifica
tion of the Articles of Confederation, and directed a copy of the articles
and the ratification to be engrossed on parchment; which, on the 9th of
July, 1778, having been examined and the blanks filled, was signed by the
delegates of New Hampshire, Massachusetts Bay, Rhode Island and Prov
idence Plantations, Connecticut, New York, Pennsylvania, Virginia, and
South Carolina. Congress then directed that a circular letter be addressed
to the States whose delegates were not present, or being present, conceived
340
A R T IC L E S
OF
C O N F E D E R A T IO N .
they were not authorized to sign the ratification, informing them how
many and what States had ratified the Articles of Confederation, and desir
ing them, with all convenient dispatch, to authorize their delegates to
ratify the same. Of these States, North Carolina ratified on the 21st and
Georgia on the 24th of July, 1778; New Jersey on the 26th of November
following; Delaware on the 5th of May, 1779; Maryland on the 1st of
March, 1781; and on the 2d of March, 1781, Congress assembled under the
new form of government.]
Njj j
M
ACT OF CONFEDERATION OF THE UNITED STATES
OF AMERICA.
TO ALL TO WHOM THESE PRESENTS SHALL COME, WE THE
UNDERSIGNED DELEGATES OF THE STATES AFFIXED TO OUR
NAMES, SEND GREETING.
Whereas the Delegates of the United States of America in
Congress assembled did on the 15th day of November in the
Year of our Lord One Thousand Seven Hundred and Seventy
seven, and in the Second Year of the Independence of America
agree to certain articles of Confederation and perpetual Union
between the states of Newhampshire, Massachusetts-bay,
Rhodeisland and Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware, Maryland, Vir
ginia, North Carolina, South Carolina and Georgia in the
Words following, viz.
‘ ‘articles of confederation and PERPETUAL UNION
BETWEEN THE STATES OF NEWHAMPSHIRE, MASSACHU
SETTS-BAY, RHODEISLAND AND PROVIDENCE PLANTATIONS,
CONNECTICUT, NEW YORK, NEW JERSEY, PENNSYLVANIA,
DELAWARE, MARYLAND, VIRGINIA, NORTH CAROLINA, SOUTH
CAROLINA AND GEORGIA.
A rticle I. The Stile of this confederacy shall be “ The
United States of America.”
A rticle II. Each State retains its Sovereignty, freedom
and dependence, and every Power, Jurisdiction and right,
which is not by this confederation expressly delegated to
the United States in Congress assembled.
341
p
342
A rticle
A R T IC L E S
h i.
OF
C O N F E D E R A T IO N .
The said states hereby severalty enter into a
firm league of friendship with each other, for their common
defence, the security of their Liberties, and their mutual
and general welfare, binding themselves to assist each other,
against all force offered to, or attacks made upon them, or
any of them, on account of religion, sovereignty, trade, or any
other pretence whatever.
A rticle iv . The better to secure and perpetuate mutual
SC s=
^ .43
friendship and intercourse among the people of the different
states in this union, the free inhabitants of each of these states,
paupers, vagabonds and fugitives from Justice excepted, shall
be entitled to all privileges and immunities of free citizens in
the several states; and the people of each state shall have free
ingress and regress to and from any other state, and shall enjoy
therein all the privileges of trade and commerce, subject to
the same duties, impositions and restrictions a3 the inhab
itants thereof respectively, provided that such restrictions
shall not extend so far as to prevent the removal of property
imported into any state, to any other state of which the
Owner is an inhabitant; provided also that no imposition,
duties or restriction shall be laid by any state, on the prop
erty of the united states, or either of them.
If any Person guilty of, or charged with treason, felony, or
other high misdemeanor in any state, shall flee from Justice,
and be found in any of the united states, he shall upon demand
of the Governor or executive power, of the state from which
he fled, be delivered up and removed to the state having
jurisdiction of his offence.
Full faith and credit shall be given in each of these states
to the records, acts and judicial proceedings of the courts and
magistrates of every other state.
1
A R T IC L E S
O F C O N F E D E R A T IO N .
343
For the more convenient management of the
general interest of the united states, delegates shall be an
A rticle
y.
nually appointed in such manner as the legislature of each
state shall direct, to meet in Congress on the first Monday in
November, in every year, with a power reserved to each
state, to recal its delegates, or any of them, at any time with
in the year, and to send others in their stead, for the remain
der of the Year.
No state shall be represented in Congress by less than two,
nor by more than seven Members; and no person shall be
capable of being a delegate for more than three years in any
term of six years; nor shall any person, being a delegate, be
capable of holding any office under the united states, for
which he, or another for his benefit receives any salary, fees or
receive any embassy from, or enter into any conference, agree
ment, alliance or treaty with any King prince or state; nor
shall any person holding any office of profit or trust under the
*> O r d i v
emolument of any kind.
Each state shall maintain its own delegates in a meeting of
the states, and while they act as members of the committee of
the states.
In determining questions in the united states, in Congress
assembled, each state shall have one vote.
Freedom of speech and debate in Congress shall not be
impeached or questioned in any Court, or place out of Con
gress, and the members of congress shall be protected in their
persons from arrests and imprisonments, during the time of
their going to and from, and attendance on congress, except
for treason, felony, or breach of the peace.
A rticle v i . No state without the Consent of the united
states in congress assembled, shall send any embassy to, or
344
ARTICLES OF CONFEDERATION.
united states, or any of them, accept of any present, emolu
ment, office or title of any kind whatever from any king,
prince or foreign state; nor shall the united states in congress
assembled, or any of them, grant any title of nobility.
No two or more states shall enter into any treaty, con
federation or alhance whatever between them, without the
consent of the united states in congress assembled, speci
fying accurately the purposes for which the same is to be
entered into, and how long it shall continue.
No state shall lay any imposts or duties, which may inter
fere with any stipulations in treaties, entered into by the
united states in congress assembled with any king, prince
or state, in pursuance of any treaties already proposed by
congress to the courts of France and Spain.
No vessels of war shall be kept up in time of peace by any
state, except such number only, as shall be deemed necessary
by the united states in congress assembled, for the defence
of such state, or its trade; nor shall any body of forces be
kept up by any state, in time of peace, except such number
only, as in the judgment of the united states, in congress
assembled, shall be deemed requisite to garrison the forts
necessary for the defence of such state; but every state shall
always keep up a well regulated and disciplined militia,
sufficiently armed and accoutred, and shall provide and con
stantly have ready for use, in public stores, a due number
of field-pieces and tents, and a proper quantity of arms,
ammunition and camp equipage.
No state shall engage in any war without the consent of
the united states in congress assembled, unless such state be
actually invaded by enemies, or shall have received certain
ARTICLES OF CONFEDERATION.
345
advice of a resolution being formed by some nation of
Indians to invade such state, and the danger is so imminent
as not to admit of a delay, till the united states in congress
assembled can be consulted: nor shall any state grant com
missions to any ships or vessels of war, nor letters of marque
or reprisal, except it be after a declaration of war by the
united states in Congress assembled, and then only against
the kingdom or state and the subjects thereof, against wliicli
war has been so declared, and under such regulations as shall
be established by the united states in congress assembled,
unless such state be infested by pirates, in which case vessels
of war may be fitted out for that occasion, and kept so long
as the danger shall continue* or until the united states in
congress assembled shall determine otherwise.
A rticle v i i . When land-forces are raised by any state for
the common defence, all officers of or under the rank of
colonel, shall be appointed by the legislature of each state
respectively by whom such forces shall be raised, or in
such manner as such state shall direct, and all vacancies shall
be filled up by the state which first made the appointment.
A rticle
v i ii .
All charges of war, and all other expences
that shall be incurred for the common defence or general wel
fare, and allowed by the united states in congress assembled,
shall be defrayed out of a common treasury, which shall be
supplied by the several states, in proportion to the value of
all land within each state, granted to or surveyed for any
Person, as such land and the buildings and improvements
thereon shall be estimated according to such mode as the
united states in congress assembled, shall from time to time
direct and appoint.
346
m
A R T IC L E S
OF
C O N F E D E R A T IO N .
The taxes for paying that proportion shall be laid and
levied by the authority and direction of the legislatures of
the several states within the time agreed upon by the united
states in congress assembled.
A rticle
ix .
The united states in congress assembled, shall
have the sole and exclusive right and power of determining
on peace and war, except in the cases mentioned in the sixth
article— of sending and receiving embassadors—entering
into treaties and alliances, provided that no treaty of com
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merce shall be made whereby the legislative power of the
respective states shall be restrained from imposing such
imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation
of any species of goods or commodities whatsoever—of esta
blishing rules for deciding in all cases, what captures on land
or water shall be legal, and in what manner prizes taken by
land or naval forces in the service of the united states shall
be divided or appropriated— of granting letters of marque
and reprisal in times of peace— appointing courts for the
trial of piracies and felonies committed on the high seas and
establishing courts for receiving and determining finally
appeals in all cases of captures, provided that no member of
congress shall be appointed a judge of any of the said courts.
The united states in congress assembled shall also lie the
last resort on appeal in all disputes and differences now sub
sisting or that hereafter may arise botween two or more
states concerning boundary, jurisdiction or any other cause
whatever; which authority shall always be exercised in the
manner following.
Whenever the legislative or executive
authority or lawful agent of any state in controversy with
1
ARTICLES OF CONFEDERATION.
347
another shall present a petition to congress stating the
matter in question and praying for a hearing, notice thereof
shall be given by order of congress to the legislative or
executive authority of the other state in controversy, and a
day assigned for the appearance of the parties by their
lawful agents, who shall then be directed to appoint by joint
consent, commissioners or judges to constitute a court for
hearing and determining the matter in question: but if they
cannot agree, congress shall name three persons out of each
of the united states, and from the list of such persons each
party shall alternately strike out one, the petitioners begin
ning, until the number shall be reduced to thirteen; and
from that number not less than seven, nor more than nine
names as congress shall direct, shall in the presence of con
gress be drawn out by lot, and the persons whose names
shall be so drawn or any five of them, shall be commissioners
or judges, to hear and finally determine the controversy, so
always as a major part of the judges who shall hear the
cause shall agree in the determination: and if either party
shall neglect to attend at the day appointed, without show
ing reasons, which congress shall judge sufficient, or being
present shall refuse to strike, the congress shall proceed to
nominate three persons out of each State, and the secretary
of congress shall strike in behalf of such party absent or
refusing; and the judgment and sentence of the court to be
appointed, in the manner before prescribed, shall be final
and conclusive; and if any of the parties shall refuse to
submit to the authority of such court, or to appear or defend
their claim or cause, the court shall nevertheless proceed to
pronounce sentence, or judgment, which shall in like manner
318
ARTICLES OF CONFEDERATION.
be final and decisive, the judgment or sentence and other
proceedings being in either case transmitted to congress,
and lodged among the acts of congress for the security of
the parties concerned: provided that every commissioner,
before he sits in judgment, shall take an oath to be admin
istered by one of the judges of the supreme or superior court
of the state, where the cause shall be tried, “ well and truly
to hear and determine tfye matter in question, according to
the best of his judgment, without favour, affection or hope
of reward:” provided also that no state shall be deprived of
territory for the benefit of the united states.
All controversies concerning the private right of soil
claimed under different grants of two or more states, whose
jurisdictions as they may respect such lands, and the states
which passed such grants are adjusted, the said grants or
either of them being at the same time claimed to have
originated antecedent to such settlement of jurisdiction,
shall on the petition of either party to the congress of the
united states, be finally determined as near as may be in the
same manner as is before prescribed for deciding disputes
respecting territorial jurisdiction between different states.
The united states in congress assembled shall also have the
sole and exclusive right and power of regulating the alloy
and value of coin struck by their own authority, or by that
of the respective states— fixing the standard of weights and
measures
throughout the united states— regulating the
trade and managing all affairs with the Indians, not mem
bers of any of the states, provided that the legislative right
of any state within its own limits be not infringed or vio
lated— establishing and regulating post-offices from one
ARTICLES OF CONFEDERATION.
349
state to another, throughout all the united states, and ex
acting such postage on the papers passing thro’ the same as
may be requisite to defray the expences of the said office—
appointing all officers of the land forces, in the service of
the united states, excepting regimental officers— appoint
ing all the officers of the naval forces, and commissioning all
officers whatever in the service of the united states— mak
ing rules for the government and regulation of the said land
and naval forces, and directing their operations.
The united states in congress assembled shall have au
thority to appoint a committee, to sit in the recess of con
gress, to be denominated “ A Committee of the States,” and
to consist of one delegate from each state; and to appoint
such other committees and civil officers as may be neces
sary for managing the general affairs of the united states
under their direction— to appoint one of their number to
preside, provided that no person be allowed to serve in the
office of president more than one year in any term of three
years; to ascertain the necessary sums of Money to be raised
for the service of the united states, and to appropriate and
apply the same for defraying the public expences— to bor
row money, or emit bills on the credit of the united states,
transmitting every half year to the respective states an ac
count of the sums of moneys so borrowed or emitted,— to
build and equip a navy— to agree upon the number of land
forces, and to make requisitions from each state for its quota,
in proportion to the number of white inhabitants in such
state; which requisitions shall be binding, and thereupon
the legislature of each state shall appoint the regimental
officers, raise the men and cloath, arm and equip them in a
350
ARTICLES OF CONFEDERATION.
soldier like manner, at the expence of the united states; and
the officers and men so cloathed, armed and equipped shall
march to the place appointed, and within the time agreed
on by the united states in congress assembled: But if the
united states in congress assembled shall, on consideration
of circumstances judge proper that any state should not
raise men; or should raise a smaller number than its quota,
and that any other state should raise a greater number of
men than the quota thereof, such extra number shall be
raised, officered, cloathed, armed and equipped in the same
manner as the quota of such state, unless the legislature of
such state shall judge that such extra number cannot be
safely spared out of the same, in which case they shall raise
officer, cloath, arm and equip as many of such extra number
as they judge can be safely spared.
And the officers and
men so cloathed, armed and equipped, shall march to the
place appointed, and within the time agreed on by the
united states in congress assembled.
The united states in congress assembled shall never engage
in a war, nor grant letters of marque and reprisal in time of
peace, nor enter into any treaties or alliances, nor coin
money, nor regulate the value thereof, nor ascertain the
sums and expences necessary for the defence and welfare of
the united states, or any of them, nor emit bills, nor borrow
money on the credit of the united states, nor appropriate
money, nor agree upon the number of vessels of war, to be
built or purchased, or the number of land or sea forces to be
raised, nor appoint a commander-in-chief of the army or
navy, unless nine states assent to the same; nor shall a ques
tion on any other point, except for adjourning from day to
ARTICLES OE CONFEDERATION.
351
day be determined, unless by the votes of a majority of the
united states in congress assembled.
The Congress of the united states shall have power to ad
journ to any time within the year, and to any place within
the united states, so that no period of adjournment be for a
longer duration than the space of six Months, and shall
publish the Journal of their proceedings monthly, except
such parts thereof relating to treaties, alliances or military
operations as in their judgment require secrecy; and the yeas
and nays of the delegates of each state on any question shall
be entered on the Journal, when it is desired by any delegate;
and the delegates of a^state, or any of them, at his or their
request shall be furnished with a transcript of the said
Journal, except such parts as are above excepted, to lay
before the legislatures of the several states.
A rticle x . The committee of the states, or any nine of
them, shall be authorized to execute, in the recess of congress,
such of the powers of congress as the united states in congress
assembled, by the consent of nine states, shall from time to
time think expedient to vest them with; provided that no
power be delegated to the said committee, for the exercise
of which, by the articles of confederation, the voice of nine
states in the congress of the united states assembled is
requisite.
x ii.
All bills of credit emitted, monies borrowed
and debts contracted by, or under the authority of congress,
6 9 4 5 4 °— S. D o c. 349. 6 7 - 4 -------- 23
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Federal1Reserve Bank of St. Louis
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A rticle
a
such admission be agreed to by nine states.
b n A, n
A rticle x i . Canada acceding to this confederation, and
joining in the measures of the united states, shall be ad
mitted into, and entitled to all the advantages of this union:
but no other colony shall be admitted into the same, unless
before the assembling of the united states, in pursuance of
the present confederation, shall be deemed and considered as
a charge against the united states, for payment and satis
faction whereof the said united states, and the public faith
r
are hereby solemnly pledged.
A rticle x i i i . Every state shall abide by the determina
tions of the united states in congress assembled, on all ques
tions which by this confederation are submitted to them.
And the Articles of this confederation shall be inviolably
observed by every state, and the union shall be perpetual; nor
shall any alteration at any time hereafter be made in any of
them; unless such alteration be agreed to in a congress of
the united states, and be afterwards confirmed by the legis
latures of every state.
AND W H EREAS it hath pleased the Great Governor of
the World to incline the hearts of the legislatures we respec
tively represent in congress, to approve of, and to authorize
us to ratify the said articles of confederation and perpetual
union.
KNOW Y E that we the undersigned delegates, by
virtue of the power and authority to us given for that pur
i
pose, do by these presents, in the name and in behalf of our
respective constituents, fully and entirely ratify and confirm
each and every of the said articles of confederation and per
petual union, and all and singular the matters and things
therein contained: And we do further solemnly plight and
engage the faith of our respective constituents, that they
shall abide by the determinations of the united states in
congress assembled, on all questions, which by the said
confederation are submitted to them. And that the articles
thereof shall be inviolably observed by the states we respec
tively represent, and that the union shall be perpetual.
I
353
ARTICLES OF CONFEDERATION.
IN WITNESS whereof we have hereunto set our hands in
Congress.
DONE at Philadelphia in the state of Pennsyl
vania the ninth Day of July in the Year of our Lord one
Thousand seven Hundred and Seventy-eight, and in the
third year of the independence of America.
On the part and behalf o f the State of New Hampshire.
Josiaii B artlett ,
John W entworth ,
jun r .
August 8,
1778.
On the part and bchalf o f the State of Massachusetts Bay.
John H ancock ,
F rancis D a n a ,
Samuel A dams ,
James L ovell ,
E lbridge G e r r y ,
S amuel II olten .
On the part and in behalf of the State of Rhode Island and Providence
Plantations.
W illiam E llery ,
John Collins .
H en ry Marchant,
On the part and behalf of the State o f Connecticut.
R oger Sh er m an ,
T itus H ormer ,
Sam uel H untington ,
A ndrew A dams .
O liver W olcott.
On the part and behalf o f the State o f New York.
Jas D u a n e ,
W illiam D u e r ,
E ras L e w is ,
G ouvr M orris .
On the part and in behalf o f the State o f New Jersey.
Jno W itherspoon,
N athl Scudder, Nov. 26, 1778.
On the part and behalf o f the State o f Pennsylvania.
R obt . M orris ,
W illiam Clingan ,
D aniel R o ber deau ,
Joseph R eed , July 22nd, 1778.
Jona B ayard S mith ,
H54
A R T IC L E S o r
On the part and behalf of the State o f Delaware.
V . f ■■
C O N F E D E R A T IO N .
John D ickinson , May 5, 1779,
T ho . M’ K ea n , Feb. 12, 1779.
N icholas V an D y k e ,
On the part and behalf of the State of Maryland.
John H a n so n , March 1, 1781,
D aniel Carroll
Do
On the part and behalf o f the State of Virginia.
R ichard H enr y L e e ,
Jno II a r v ie ,
J ohn B anister ,
F rancis L ighteoot L ee .
T homas A dams ,
On the part and behalf of the State of North Carolina.
John P e n n , July 21, 1778,
Jno . W illiams .
Corns . H arnett ,
On the part and behalf o f the State o f South Carolina.
H enry L a u r e n s ,
R ichard H utson ,
W illiam H en r y D rayton ,
T hos . H e y w a r d , J unr
Jno M ath ew s ,
On the part and behalf o f the State o f Georgia.
Jno W alton , 24th July, 1778,
\
E dw d. L an g w o rth y .
E d w d T elfair ,
;
ORDINANCE OF 1787.
AN
OR D IN AN C E
FOR
TH E
G O VE R N M EN T
OF
THE
TE RR IT O R Y
OF THE U N IT E D STATES N O R TH W E ST OF TH E R IV E R O H IO.
T he Co nfederate Congress , J uly 13,1787.]
Be it ordained by the United States in Congress
assembled, That the said Territory, for the purpose of tempo
S e c t io n
1.
rary government, be one district, subject, however, to be
divided into two districts, as future circumstances may, in
the opinion of Congress, make it expedient.
S ec . 2. Be it ordained by the authority aforesaid, That the
estates both of resident and non-resident proprietors in the
said territory, dying intestate, shall descend to, and be
distributed among, their children and the descendants of a
deceased child in equal parts, the descendants of a deceased
child or grandchild to take the share of their deceased
parent in equal parts among them; and where there shall be
no children or descendants, then in equal parts to the next
of kin, in equal degree; and among collaterals, the children
of a deceased brother or sister of the intestate shall have,
in equal parts among them, their deceased parents’ share;
and there shall, in no case, be a distinction between kindred
of the whole and half blood; saving in all cases to the widow
of the intestate, her third part of the real estate for life, and
one-third part of the personal estate; and this law relative to
descents and dower, shall remain in full force until altered
355
356
ORDINANCE OF 1 7 8 7 .
by the legislature of the district. And until the governor and
judges shall adopt laws as hereinafter mentioned, estates in
the said territory may be devised or bequeathed by wills in
writing, signed and sealed by him or her in whom the estate
may be, (being of full age,) and attested by three witnesses;
and real estates may be conveyed by lease and release, or
bargain and sale, signed, sealed, and delivered by the person,
being of full age, in whom the estate may be, and attested
by two witnesses, provided such wills be duly proved, and
such conveyances be acknowledged, or the execution thereof
duly proved, and be recorded witliin one year after proper
magistrates, courts, and registers, shall be appointed for
that purpose; and personal property may be transferred by
delivery, saving, however, to the French and Canadian
inhabitants, and other settlers of the Kaskaskies, Saint Vin
cents, and the neighboring villages, who have heretofore
professed themselves citizens of Virginia, their laws and cus
toms now in force among them, relative to the descent and
conveyance of property.
S ec . 3. Be it ordained by the authority aforesaid, That there
shall be appointed, from time to time, by Congress, a governor
whose commission shall continue in force for the term of
three years, unless sooner revoked by Congress; he shall re
side in the district, and have a freehold estate therein, in
one thousand acres of land, while in the exercise of his office.
S ec . 4. There shall be appointed from time to time, by
Congress, a secretary, whose commission shall continue in
force for four years, unless sooner revoked; he shall reside
in the district, and have a freehold estate therein, in five
hundred acres of land, while in the exercise of his office. It
ORDINANCE OF 1 7 8 7 .
357
shall be his duty to keep and preserve the acts and laws
passed by the legislature, and the public records of the dis
trict, and the proceedings of the governor in his executive
department, and transmit authentic copies of such acts and
proceedings every six months to the Secretary of Congress.
There shall also be appointed a court, to consist of three
judges, any two of whom to form a court, who shall have a
common-law jurisdiction, and reside in the district, and have
each therein a freehold estate, in five hundred acres of land,
while in the exercise of their offices; and their commissions
shall continue in force during good behavior.
S ec . 5. The governor and judges, or a majority of them,
shall adopt and publish in the district such laws of the origi
nal States, criminal and civil, as may be necessary, and best
suited to the circumstances of the district, and report them
to Congress from time to time, which laws shall be in force
in the district until the organization of the general assembly
therein, unless disapproved of by Congress; but afterwards
the legislature shall have authority to alter them as they
shall think fit.
S ec . 6. The governor, for the time being, shall be com
mander-in-chief of the militia, appoint and commission all
officers in the same below the rank of general officers, all
general officers shall be appointed and commissioned by
Congress.
Sec. 7. Previous to the organization of the general as
sembly the governor shall appoint such magistrates, and
other civil officers, in each county or township, as he shall
find necessary for the preservation of the peace and good
order in the same. After the general assembly shall be
358
O R D IN A N C E O F
17 8 7 .
organized the powers and duties of magistrates and other
civil officers shall be regulated and defined by the said
assembly; hut all magistrates and other civil officers, not
herein otherwise directed, shall, during the continuance of
this temporary government, he appointed by the governor.
S ec . 8. For the prevention of crimes and injuries, the laws
to he adopted or made shall have force in all parts of the
district, and for the execution of process, criminal and civil,
the governor shall make proper divisions thereof, and he
shall proceed, from time to time, as circumstances may
require, to lay out the parts of the district in which the
Indian titles shall have been extinguished, into counties and
townships, subject, however, to such alterations as may
thereafter be made by the legislature.
S ec . 9. So soon as there shall be five thousand free male
inhabitants, of full age, in the district, upon giving proof
thereof to the governor, they shall receive authority, with
time and place, to elect representatives from their counties
or townships, to represent them in the general assembly:
Provided, That for every five hundred free male inhabitants
there shall be one representative, and so on, progressively,
with the number of free male inhabitants, shall the right of
representation increase, until the number of representatives
shall amount to twenty-five; after which the number and
proportion of representatives shall be regulated by the
^ ftw
legislature: Provided, That no person be eligible or qualified
to act as a representative, unless he shall have been a citizen
of one of the United States three years, and be a resident in
the district, or unless he shall have resided in the district
three years, and, in either case, shall likewise hold in his own
m
I
ORDINANCE OF 1 7 8 7 .
359
right, in fee-simple, two hundred acres of land within the
same: Provided also, That a freehold in fifty acres of land in
the district, having been a citizen of one of the States, and
being resident in the district, or the hke freehold and two
years’ residence in the district, shall he necessary to qualify
a man as an elector of a representative.
Sec . 10. The representatives thus elected shall serve for
the term of two years; and in case of the death of a repre
sentative, or removal from office, the governor shall issue a
writ to the county or township, for which he was a member,
to elect another in his stead, to serve for the residue of the
term.
Sec. 11. The general assembly, or legislature, shall con
sist of the governor, legislative council, and a house of rep
resentatives. The legislative council shall consist of five
members, to continue in office five years, unless sooner re
moved by Congress; any three of whom to be a quorum;
and the members of the council shall be nominated and
appointed in the following manner, to wit: As soon as rep
resentatives shall be elected the governor shall appoint a
time and place for them to meet together, and, when met
they shall nominate ten persons, resident in the district,
and each possessed of a freehold in five hundred acres of
land, and return their names to Congress, five of whom Con
gress shall appoint and commission to serve as aforesaid;
and whenever a vacancy shall happen in the council, by
death or removal from office, the house of representatives
shall nominate two persons, qualified as aforesaid, for each
vacancy, and return their names to Congress, one of whom
Congress shall appoint and commission for the residue of
360
O R D IN A N C E O F
1787.
the term; and every five years, four months at least before
the expiration of the time of service of the members of the
council, the said house shall nominate ten persons, qualified
as aforesaid, and return their names to Congress, five of
whom Congress shall appoint and commission to serve as
members of the council five years, unless sooner removed.
And the governor, legislative council, and house of repre
sentatives shall have authority to make laws in all cases for
the good government of the district, not repugnant to the
principles and articles in this ordinance established and
declared. And all bills, having passed by a majority in the
house, and by a majority in the council, shall be referred to
the governor for his assent; but no bill or legislative act
whatever, shall be of any force without liis assent. The
governor shall have power to convene, prorogue, and dis
solve the general assembly, when, in his opinion, it shall be
expedient.
S ec . 12. The governor, judges, legislative council, secre
tary, and such other officers as Congress shall appoint in the
district, shall take an oath or affirmation of fidelity, and
of office; the governor before the President of Congress,
and all other officers before the governor. As soon as a
legislature shall be formed in the district, the council and
house assembled, in one room, shall have authority, by joint
ballot, to elect a delegate to Congress, who shall have a seat
in Congress, with a right of debating, but not of voting,
during this temporary government.
1
S ec . 13. A nd for extending the fundamental principles of
civil and religious liberty, which form the basis whereon
these republics, their laws and constitutions, are erected; to
♦
I
ORDINANCE OF 17 8 7 .
361
fix and establish those principles as the basis of all laws,
constitutions, and governments, which forever hereafter
shall be formed in the said territory; to provide, also, for
the establishment of States, and permanent government
therein, and for their admission to a share in the Federal
councils on an equal footing with the original States, at as
early periods as may be consistent with the general interest:
S e c . 14. It is hereby ordained and declared, by the author
ity aforesaid, That the following articles shall be considered
as articles of compact, between the original States and the
people and States in the said territory, and forever remain
unalterable, unless by common consent, to wit:
A
r t ic l e
I.
No person, demeaning himself in a peaceable and orderly
manner, shall ever be molested on account of his mode of
worship, or religious sentiments, in the said territories.
A rticle II.
The inhabitants of the said territory shall always be
entitled to the benefits of the writs of habeas corpus, and of
the trial by jury; of a proportionate representation of the
people in the legislature, and of judicial proceedings accord
ing to the course of the common law. All persons shall be
bailable, unless for capital offences, where the proof shall be
evident, or the presumption great. All fines shall be
moderate; and no cruel or unusual punishments shall be
inflicted. No man shall be deprived of his liberty or
property, but by the judgment of his peers, or the law of
the land, and should the public exigencies make it necessary,
362
ORDINANCE OF 1 7 8 7 .
for the common preservation, to take any person’s property,
or to demand his particular services, full compensation shall
be made for the same.
And, in the just preservation of
rights and property, it is understood and declared, that no
law ought ever to be made or have force in the said territory,
that shall, in any maimer whatever, interfere with or affect
private contracts, or engagements, bona fide, and without
fraud previously formed.
A rticle III.
Religion, morality, and knowledge being necessary to good
government, and the happiness of mankind, schools and the
means of education shall forever be encouraged. The utmost
good faith shall always be observed towards the Indians;
their lands and property shall never be taken from them
without their consent; and in their property, rights, and
liberty they never shall be invaded or disturbed, unless in
just and lawful wars authorized by Congress; but laws
founded in justice and humanity shall, from time to time, be
made, for preventing wrongs being done to them, and for
preserving peace and friendship with them
A rticle IV.
The said territory, and the States which may be formed
therein, shall forever remain a part of this confederacy of
the United States of America, subject to the Articles of
Confederation, and to such alterations therein as shall be
constitutionally made; and to all the acts and ordinances
of the United States in Congress assembled, conformable
thereto.
The inhabitants and settlers in the said territory
shall be subject to pay a part of the Federal debts, contracted,
363
ORDINANCE OF 1 7 8 7 .
or to he contracted, and a proportional part of the expenses
of government to be apportioned on them by Congress, ac
cording to the same common rule and measure by which
apportionments thereof shall be made on the other States;
and the taxes for paying their proportion shall be laid and
levied by the authority and direction of the legislatures of
the district, .or districts, or new States, as in the original
States, within the time agreed upon by the United States in
Congress assembled. The legislatures of those districts, or
new States, shall never interfere with the primary disposal
of the soil by the United States in Congress assembled, nor
with any regulations Congress may find necessary for securing
the title in such soil to the bona-fide purchasers.
No tax shall
be imposed on lands the property of the United States; and
in no case shall non-resident proprietors be taxed higher than
residents. The navigable waters leading into the Mississippi
and Saint Lawrence, and the carrying places between the
same, shall be common highways, and forever free, as well
to the inhabitants of the said territory as to the citizens of
the United States, and those of any other States that may
be admitted into the confederacy, without any tax, impost,
or duty therefor.
[Sands
v.
Manistee River
Imp. Co.,
1 23
U. S.
288.
A rticle V.
There shall be formed in the said territory not less than
three nor more than five States; and the boundaries of the
States, as soon as Virginia shall alter her act of cession and
consent to the same, shall become fixed and established as
follows, to wit: The western State, in the said territory,
shall be bounded by the Mississippi, the Ohio, and the
'
-M M
3G4
O R D IN A N C E O F
1787.
Wabash Rivers; a direct line drawn from the Wabash and
Post Vincents, due north, to the territorial line between the
United States and Canada; and by the said territorial line
to the Lake of the Woods and Mississippi. The middle
State shall be bounded by the said direct line, the Wabash
from Post Vincents to the Ohio, by the Ohio, by a direct
line drawn due north from the mouth of the Great Miami to
the said territorial line, and by the said territorial line.
The
eastern State shall be bounded by the last-mentioned direct
line, the Ohio, Pennsylvania, and the said territorial line:
Provided, however, And it is further understood and declared,
that the boundaries of these three States shall be subject
so far to be altered that, if Congress shall hereafter find it
expedient, they shall have authority to form one or two
States in that part of the said territory which lies north of
an east and west line drawn through the southerly bend or
extreme of Lake Michigan.
And whenever any of the said
States shall have sixty thousand free inhabitants therein,
such State shall be admitted, by its delegates, into the Con
gress of the United States, on an equal footing with the
original States, in all respects whatever; and shall be at
liberty to form a permanent constitution and State govern
ment: Provided, The constitution and government, so to be
formed, shall be republican, and in conformity to the prin
ciples contained in these articles, and, so far as it can be
consistent with the general interests of the Confederacy,
such admission shall be allowed at an earlier period, and
when there may be a less number of free inhabitants in the
State than sixty thousand.
t
I
865
ORDINANCE OF .17 8 7 .
A rticle VI.
There shall he neither slavery nor involuntary servitude in
the said territory, otherwise than in the punishment of
crimes, whereof the party shall have been duly convicted:
Provided always, That any person escaping into the same,
from whom labor or service is lawfully claimed in any one of
the original States, such fugitive may be lawfully reclaimed,
and conveyed to the person claiming his or her labor or
service as aforesaid.
Be it ordained by the authority aforesaid, That the resolu
tions of the 23d of April, 1784, relative to the subject of this
ordinance, be, and the same are hereby, repealed, and de
clared null and void.
Done b y the United States, in Congress assembled, the
13th day of July, in the year of our Lord 1787, and of their
sovereignty and independence the 12th.
Charles T homson ,
Sec’y.
(
of Confederation
Index
O rd in a n c e
THE CONSTITUTION OF THE UNITED STATES OF
AMERICA*
We
the
P eople of the United States, in Order to form a
more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote
the general Welfare, and secure the Blessings of Liberty
to ourselves and our Posterity, do ordain and establish
this Constitution for the United States of America.
ARTICLE I.
S ection 1. All legislative Powers herein granted shall be
vested in a Congress of the United States, which shall consist
of a Senate and House of Representatives.
S ection 2. 1The 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 numer
ous Branch of the State Legislature.
* 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
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,
369
370
C O N S T IT U T IO N OF T H E
U N IT E D
STATES.
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 Per
sons, including those bound to Service for a Term of Yearn,
and excluding Indians not taxed, three fifths of all other
Persons. J The actual Enumeration shall be made within
three Years after the first Meeting of the Congress of the
United States, and within every subsequent Term of ten
Years, in such Manner as they shall by Law direct. The
Number of Representatives shall not exceed one for every
thirty Thousand, but each State shall have at Least one
Representative; and until such enumeration shall be made,
the State of New Hampshire shall be entitled to cliuse three,
Massachusetts eight, Rhode-Island and Providence Planrelative to this great object, as, when ratified by them, will enable the
United States in Congress effectually to provide for the same. The Vir
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
York,) expressing their unanimous conviction that it might essentially
tend to advance the interests of the Union if the States by which they
* The part included in heavy brackets is amended Sec. 2 of amendment
X I V , page 395.
I
CONSTITUTION OF T H E UN ITED STATES.
37l
tations one, Connecticut five, New-York six, New Jerseyfour, Pennsylvania eight, Delaware one, Maryland six,
Virginia ten, North Carolina five. South Carolina five, and
Georgia three.
The last apportionment, under the act of 1911, was made on the
basis of one Representative for 211,877 of population, and one for
each major fraction thereof.
4 When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of
Election to fill such Vacancies.
5 The House of Representatives shall chuse their Speaker
and other Officers; and shall have the sole Power of Impeach
ment.
1 S e c t i o n 3. [ * T h e 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 V o te .]
2 Immediately after they shall be assembled in Consequence
ol tho first Election, they shall be divided as equally as may be
into three Classes.
The Seats of the Senators of the first
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 May 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
Union; and to report such an act for that purpose to the United States in
< ongress 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
* The parts included in heavy brackets is amended by Amendment X V I I
page 397.
*
372
C O N S T IT U T IO N
OF T H E
U N IT E D
STATES.
Class shall be vacated at the Expiration of the second Year,
of the second Class at the Expiration of the fourth Year, and
of the third Class at the Expiration of the sixth Year, so
that one-third may be chosen every second Year; and if
Vacancies happen by Resignation, or otherwise, during the
Recess of the Legislature of any State, the Executive thereof
may make temporary Appointments * [u n til the next Meet
ing of the Legislature, which shall then fill such Vacancies].
3 No Person shall be a Senator wdio shall not have attained
to the Age of thirty Years, and been nine Years a Citizen of
the United States, and who shall not, when elected, be an
Inhabitant of that State for which he shall be chosen.
4 The Vice President of the United States shall be President
of the Senate, but shall have no Vote, unless they be equally
divided.
5 The Senate shall chuse their other Officers, and also a
President pro tempore, in the absence of the Vice President,
or when he shall exercise the Office of President of the United
States.
6 The Senate shall have the sole Power to try all Impeach
ments. When sitting for that Purpose, they shall be on
Oath or Affirmation. When the President of the United
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
proposed Federal Government should be put in operation, and an explana*Th e parts included in heavy brackets is amended by Amendment X V I I ,
page 397.
CONSTITUTION OF TIIE UNITED STATES.
373
States is tried, the Chief Justice shall preside: And no Per
son shall he convicted without the Concurrence of two-thirds
of the Members present.
7
Judgment in Cases of Impeachment shall not extend
further than to removal from Office, and disqualification to
hold and enjoy any Office of honor, Trust, or Profit under
the United States: but the Party convicted shall neverthe
less he liable and subject to Indictment, Trial, Judgment,
and Punishment, according to Law.
S ection 4. 1 The Times, Places and Manner of holding
Elections for Senators and Representatives, shall be pre
scribed in each State by the Legislature thereof; but the
Congress may at any time by Law make or alter such Regula
tions, except as to the Places of chusing Senators.
2
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 Law appoint a different Day.
S ection 5. 1 Each House shall be the Judge of the Elec
tions, 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,
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 Jer
sey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9
374
CONSTITUTION OF TH E UN ITED STATES.
in such Manner, and under such Penalties as each House
may provide.
2 Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behavior, and, with the
Concurrence of two third, expel a Member.
3 Each House shall keep a Journal of its Proceedings, and
from time to time publish the same, excepting such Parts as
may in their Judgment require Secrecy; and the Yeas and
Nays of 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,
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.
S ection 6. 1 The Senators and Representatives shall re
ceive a Compensation for their Services, to be ascertained by
Law, and paid out of the Treasury of the United States.
They shall in all Cases, except Treason, Felony and Breach
of the Peace, be privileged from Arrest during their Attend
ance at the Session of their respective Houses, and in going
to and returning from the same; and for any Speech or De1788; 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, July 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 May 29, 1789. Vermont, in convention, ratified the Con
stitution January 10, 1791, and was, by an act of Congress approved Feb
ruary 18, 1791, “ received and admitted into this Union as a new and entire
member of the United States.”
CONSTITUTION OF THE UNITED STATES.
375
bate in either House, they shall not be questioned in any
other Place.
2
No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Office under
the 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 Continuance in Office.
S e c t io n
7. 1 All Bills for raising Revenue shall originate
in the House of Representatives; but the Senate may pro
pose or concur with Amendments as on other Bills.
2
Every Bill which shall have passed the House of Repre
sentatives and the Senate, shall, before it become a Law, be
presented to the President of the United States; if he ap
prove he shall sign it, but if not he shall return it, with his
Objections to that House in which it shall have originated,
who shall enter the Objections at large on their Journal,
and proceed to reconsider it. If after such Reconsideration
two thirds of that House shall agreo to pass the Bill, it shall
be sent, together with the Objections, to the other House, by
which it shall hkewise 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 Presi
dent within ten Days (Sundays excepted) after it shall have
boen presented to him, the Same shall be a Law, in like Man
ner as if he had signed it, unless the Congress by their Ad-
Index
I
376
CONSTITUTION OF THE UNITED STATES.
joumment prevent its Return, in which Case it shall not be
a Law.
3
Every Order, Resolution, or Vote to which the Concur
rence of the Senate and House of Representatives may be
necessary (except on a question of Adjournment) shall be
presented to the President of the United States; and 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 prescribed in the Case of a Bill.
Section 8. The Congress shall have Power 1 To lay and
collect Taxes, Duties, Imposts and Excises, to pay the Debts
and provide for the common Defence and general Welfare of
the United States; but all Duties, Imposts and Excises shall
be uniform throughout the United States;
2 To borrow money on the credit of the United States;
3 To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
4 To establish an uniform Rule of Naturalization,1 and
uniform Laws on the subject of Bankruptcies throughout
the United States;2
5 To coin Money, regulate the Value thereof, and of foreign
Com, and fix the Standard of Weights and Measures;
6 To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States;
7 To establish Post Offices and post Roads;
8 To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
0 To constitute Tribunals inferior to the supreme Court;
a
CONSTITUTION OF THE UNITED STATES.
377
10 To define and punish Piracies and Felonies committed
on the high Seas, and Offenses against the Law of Nations;
11 To declare War, grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water;
12 To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two Years;
13 To provide and maintain a Navy;
14 To make Rules for the Government and Regulation of
the land and naval Forces;
15To provide for calling forth the Militia to execute the
Laws of the Union, suppress Insurrections and repel Inva
sions;
16 To 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;
17 To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may, by
Cession of particular States, and the acceptance of Congress,
become the Seat of the Government of the United States, and
to exercise like Authority over all Places purchased by the
Consent of the Legislature of the State in which the Same
shall be, for the Erection of Forts, Magazines, Arsenals, dock\ ards, and other needful Buildings;—And
18 To make Ml 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.
378
CONSTITUTION OF THE UNITED STATES.
Section 9. 1 The Migration or Importation of such Per
sons 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.
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.
3 No Bill of Attainder or ex post facto Law shall be passed.
*4 No capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before
directed to be taken.
5 No Tax or Duty shall be laid on Articles exported from
any State.
6 No 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.
7 No money shall be drawn from the Treasury, but in Con
sequence of Appropriations made by Law; and a regular
Statement and Account of the Receipts and Expenditures
of all public Money shall be published from time to time.
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
any present, Emolument, Office, or Title, of any kind what
ever, from any King, Prince, or foreign State.
Section 10. 1 No State shall enter into any Treaty, Alli
ance, or Confederation; grant Letters of Marque and Re*See also the sixteenth amendment, page 397.
CONSTITUTION OF THE UNITED STATES.
379
prisal; coin Money; emit Bills of Credit.;1 make any Tiling
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.
2 No State shall, without the Consent of the Congress, lay
any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing it’s inspection
Laws: and the net Produce of all Duties and Imposts, laid
by any State on Imports or Exports, shall be for the Use
of the Treasury of the United States; and all such Laws
shall be subject to the Revision and Control of the Congress.
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.
ARTICLE II.
S ection 1. 1The 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 Vice-President, chosen for the same Term, be elected,
as follows:
2 Each State shall appoint, in such Manner as the Legis
lature thereof may direct, a Number of Electors, equal to
the whole Number of Senators and Representatives to which
the State may be entitled in the Congress: but no Senator
or Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an
Elector.
Index
380
CONSTITUTION OF THE UNITED STATES.
*[T h e Electors shall meet in their respective States, and
vote by Ballot for two persons, of whom one at least shall
And they shall make a List of all the Persons voted for, and
I
of the Number of Votes for each; which List they shall sign
*
and certify, and transmit sealed to the Seat of the Govern
i
not be an Inhabitant of the same State with themselves.
ment 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.
i
The
Person having the greatest Number of Votes shall be the
President, if such Number be a Majority of the whole Num
ber of Electors appointed; and if there be more than one
t
\
who have such Majority, and have an equal Number of
Votes, then the House of Representatives shall immediately
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
quorum for this Purpose shall consist of a Member or Mem
bers 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.]
*This paragraph has been superseded by Amendment X I I , pages 393395.
*
CONSTITUTION OF T H E UN ITED STATES.
381
3The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their Votes;
which Day shall bo the same throughout the United States.
4No 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 Tears, and been
fourteen Years a Resident within the United States.
5In 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 President and Vice President, declaring what Officer
shall then act as President, and such Officer shall act
accordingly, until the Disability be removed, or a Presi
dent shall be elected.
0 The President shall, at stated Times, receive for his
Services, 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.
7
Before he enter on the Execution of his Office, he shall
take the following Oath or Affirmation:— “ I do solemnly
swear (or affirm) that I will 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.”
382
C O N S T IT U T IO N OF T H E
U N IT E D
STATES.
S ection 2. 1 The President shall be Commander in Chief
of the Army and Navy of the United States, and of the
Militia of the several States, when called into the actual
Service of the United States; he may require the Opinion,
in writing, of the principal Officer in each of the executive
Departments, upon any subject relating to the Duties of
their respective Offices, and he shall have Power to grant
Reprieves and Pardons for Offenses against the United
States, except in Cases of Impeachment.
2 He shall have Power, by and with the Advice and Con
sent of the Senate, to make Treaties, provided two-thirds of
the Senators present concur; and he shall nominate, and by
and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of
the supreme Court, and all other Officers of the United States,
whose Appointments are not herein otherwise provided for,
and which shall be established by Law; but the Congress may
b
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.
3 The 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.
S ection 3. He shall from time to time give to the Con
gress Information of the State of the Lnion, 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 Dis
agreement between them, with Respect to the Time of
O '
W .2 ©
ll
CONSTITUTION OF T H E UNITED STATES.
383
Adjournment, he may adjourn them to such Time as he shall
think proper; he shall receive Ambassadors and other public
Ministers; he shall take Care that the Laws be faithfully
executed, and shall Commission all the Officers of the United
States.
S ection 4. The President, Vice President and all civil
Officers of the United States, shall be removed from Office
on Impeachment for, and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors.
ARTICLE III.
Section 1. The judicial Power of the United States, shall
be vested in one supreme Court, and in such inferior Courts
as the Congress may from time to time ordain and 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.
Section 2. 1 The judicial Power shall extend to all Cases,
in Law and Equity, arising under this Constitution, the Laws
of the United States, and Treaties made, or which shall be
made, under their Authority;— to all Cases affecting Ambas
sadors, other public Ministers and Consuls;— to all Cases of
admirality 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.
6 9 4 5 4 °— S. D o c . 3 49 , 6 7 - 4 -------25
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 all the
other Cases before mentioned, the supreme Court shall have
appellate Jurisdiction, both as to Law and Fact, with such
Exceptions, and under such Regulations as the Congress
shall make.
3
The trial of all ( ’rimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been 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.
S ection 3. 1Treason 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 Wit
nesses to the same overt Act, or on Confession in open Court.
&*"• Win'r C n n '•••'••'
2 The Congress shall have power to declare the Punishment
of Treason, but no Attainder of Treason shall work Corrup
tion of Blood, or Forfeiture except during the Life of the
Person attainted.
ARTICLE IV.
S ection 1. Full Faith and Credit shall be given in each
of every other State.
And the Congress may by general
Laws prescribe the Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect thereof.
S ection 2. 1 The Citizens of each State shall be entitled
to all Privileges and I mmunities of Citizens in the several
States.
...
\wv
Order; of the ion. ^
t r. ■din.-.cc. o T W
M
State to the public Acts, Records, and judicial Proceedings
f
C O N S T IT U T IO N
OF T H E
U N IT E D
STATES.
385
2A Person charged in any State with Treason, Felony, or
other Crime, who shall flee from Justice, and be found in
another State, shall on demand of the executive Authority
of the State from which he fled, be delivered up, to be re
moved to the State having Jurisdiction of the Crime. Innes
v. Tobin, 240 U. S., 127.
3 No Person held to Service or Labour in one State, under
the Laws thereof, escaping into another, shall, in Conse
quence of any Law or Regulation therein, be discharged
from such Service or Labour, but shall be delivered up on
Claim of the Party to whom such Service or Labour may
be due.
S ection 3. 1 New States may be admitted by the Con
gress into this Union; but no new State shall be formed or
erected within the Jurisdiction of any other State; nor any
State be formed by the Junction of two or more States, or
parts of States, without the Consent of the Legislatures of
the States concerned as well as of the Congress.
2 The 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 ir this Constitution shall be so construed as to
Prejudice any Claims of the United States, or of any parti
cular State.
f. hh Oil!.
, *'cn ^ ludox
Sup,. Court
S ection 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.
/
386
C O N S T IT U T IO N
OF T H E
U N IT E D
STATES.
ARTICLE V.
The Congress, whenever two-thirds of both Houses shall
deem it necessary, shall propose Amendments to this Con
stitution, or, on the Application of the Legislatures of twothirds of the several States, shall call a Convention for pro
posing Amendments, which, in either Case, shall be valid to
all Intents and Purposes, as part of this Constitution, when
ratified by the Legislatures of three-fourths of the several
States, or by Conventions in three-fourths thereof, as the
one or the other Mode of Ratification may be proposed by
the Congress; Provided that no Amendment which may be
made prior to the Year One thousand 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.
ARTICLE VI.
iA ll Debts contracted and Engagements entered into,
before the Adoption of this Constitution, shall be as valid
against the United States under this Constitution, as under
the Confederation.
2This 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.
C O N S T IT U T IO N
3
OF T H E
U N IT E D
STATES.
387
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 support this Constitution; but no religious Test shall ever
be required as a Qualification to any Office or public Trust
under the United States.
ARTICLE VII.
The Ratification of the Conventions of nine States shall be
sufficient for the Establishment of this Constitution between
the States so ratifying the Same.
D one in Convention by the Unanimous Consent of the
States present the Seventeenth Day of September in the
Year of our Lord one thousand seven hundred and Eighty
seven and of the Independence of the United States of
America the Twelfth. In Witness whereof We have here
unto subscribed our Names,
G 9 WASHINGTON
Presidt and deputy from Virginia
New Hampshire.
John L angdon
N icholas G ilman
Massachusetts.
N
a t h a n ie l
G orham
R
ufu s
K
in g
Connecticut.
W
m
S am l J o hnso n
R
o ger
Sherm an
New YorJc.
A
lexan der
H
a m il t o n
Index
I
388
CONSTITUTION OF T H E UNITED STATES.
New Jersey.
W il : L ivingston
W m P atterson
D avid B rearley .
Jo n a : D ayton
Pennsylvania.
B. F ranklin
T homas M ifflin
R obt. Morris
G eo. Clymer
T hos. F itzsimons
Jared I ngersoll
James W ilson
Gouv Morris
Delaware.
G eo : R ead
Gunning B edford jun
John D ickinson
R ichard B assett
Jaco : B room
Maryland.
James M cH enry
D a n : of St T hos Jenifer
D anl Carroll
Virginia.
John B lair—
James M adison Jr.
North Carolina.
W m B lount
R ichd D obbs Spaight,
H u W illiamson
South Carolina.
J. R utledge
Charles Cotf.sworth
P inckney
Charles P inckney
P ierce B utler .
Georgia.
W illiam F ew
Attest:
A br B aldwin
WILLIAM JACKSON, Secretary.
\RT1CLES IN ADDITION TO. AND AMENDMENT OF. THE CONSTITUTION OF TH E
UNITED STA TES OF AMERICA. PROPOSED BY CONGRESS. AND RATIFIED BY THE
LEGISLATURES OF TH E SEV ERAL STATES. PURSUANT TO THE FIFTH ARTICLE
OF THE ORIGINAL CONSTITUTION.
AMENDMENT I.1
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.
AMENDMENT 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.
AMENDMENT 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 he prescribed by law.*2
7
1 The first ten amendments to the Constitution of the United States were
proposed to the legislatures of the several States by the First Congress, on
the 25th of September, 1789. They were ratified by the following States,
and the notifications of ratification by the governors thereof were succes
sively communicated by the President to Congress: New Jersey, November
20,1789; Maryland, December 19, 1789; North Carolina, December 22,1789;
South Carolina, January 19, 1790; New Hampshire, January 25, 1790; Del
aware, January 28, 1790; Pennsylvania, March 10, 1790; New York, March
27, 1790; Rhode Island, June 15, 1790; Vermont, November 3, 1791, and
Virginia, December 15, 1791. There is no evidence on the journals of
Congress that the legislatures of Connecticut, Georgia, and Massachusetts
ratified them.
389
I
/
390
C O N S T IT U T IO N
OF T H E
U N IT E D
STATES.
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 par
ticularly describing the place to be searched, and the persons
or things to be seized.
AMENDMENT V.
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a
Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or
public danger; nor shall any person be subject for the same
offence to be twice put in jeopardy of life or limb; nor shall be
compelled in any 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.
AMENDMENT VI.
V
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 com
mitted, which district shall have been previously ascertained
by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him;
to have compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his defence.
I
-*v .N
C O N S T IT U T IO N
OF T H E
U N IT E D
STATES.
391
AMENDMENT V II.
In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by jury, shall be otherwise re
examined in any Court of the United States, than according
to the rules of the common law.
AMENDMENT VIII.
Excessive bail shall not be required, nor excessive lines
imposed, nor cruel and unusual punishments inflicted.
AMENDMENT IX .
The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained
by the people.
AMENDMENT X.
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.
AMENDMENT 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.
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
5See page 382.
I
v/
392
C O N S T IT U T IO N
OF T H E
U N IT E D
STATES.
themselves; they shall name in their ballots the persons
voted for as President, and in distinct ballots the person
voted for as Vice-President, and they shall make distinct
lists of all persons voted for as President, and of all persons
voted for as Vice-President, and of the number of votes for
✓
,
each, which lists they shall sign and certify, and transmit
sealed to the seat of the government of the United States, di
rected to the President of the Senate;—The President of the
Senate shall, in presence of the Senate and House of Repre
sentatives, 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 Representatives
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 quo
rum for this purpose shall consist of a member or members
from two-tliirds of the states, and a majority of all the states
shall be necessary to a choice. And if the House of Repre
sentatives shall not choose a President whenever the right
of choice shall devolve upon them, before the fourth day of
March next following, then the Vice-President shall act as
President, as in the case of tho death or other constitu
tional disability of the President.— The person having the
greatest number of votes as Vice-President, shall be the
Vice-President, if such number be a majority of the whole
number of Electors appointed, and if no person have a
I
C O N S T IT U T IO N
OF
THE
U N IT E D
STATES.
393
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
Senators, and a majority of the whole number shall be neces
sary to a choice.
But no person constitutionally ineligible
to the office of President shall be eligible to that of VicePresident of the United States.
AMENDMENT X I I I .1
Section 1. Neither slavery nor involuntary servitude, ex
cept as a punishment for crime whereof the party shall have
been duly convicted, shall exist within the United States,
or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article
by appropriate legislation.
AMENDMENT X IV .2
Section 1. All 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
State shall make or enforce any law which shall abridge the
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.
Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State, exclud
ing Indians not taxed. But when the right to vote at any
election for the choice of electors for President and Vice-
1 See page 372.
J See page 372.
v
394
C O N S T IT U T IO N
OF
THE
U N IT E D
STATES.
President of the United States, Representatives in Congress,
the Executive and Judicial officers of a State, or the mem
bers 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 snail he reduced in the pro
portion which the number of such male citizens shall bear
to the whole number* of male citizens twenty-one years of
age in such State.
Section 3. No 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.
Section 4. The validity of the public debt of the Lnited
States, authorized by law, including debts incurred for pay
ment of pensions and bounties for services 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 in 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.
C O N S T IT U T IO N
OF T H E
U N IT E D
395
STATES.
Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.
AMENDMENT XV.
Section 1. The right of citizens of the United States to
vote shall not he denied or abridged by the United States or
by any State on account of race, color, or previous condition
of servitude—
Section 2. The Congress shall have power to enforce this
article lnr appropriate legislation.
AMENDMENT X V I.1
The Congress shall have power to lay and collect taxes on
incomes, from whatever source derived, without apportion
ment among the several States, and without regard to any
census or enumeration.
AMENDMENT X V II.2
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 each State shall have the qualifications requisite for elec
tors 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 temporary 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.
: See page 382.
I
* See pages 373-374.
396
CONSTITUTION OF THE UNITED STATES.
AMENDMENT X V III.
S e c t io n
1. After one year from the ratification of this
article the manufacture, sale, or transportation of intoxicat
ing liquors within, the importation thereof into, or the expor
tation thereof from the United States and all territory subject
to the jurisdiction thereof for beverage purposes is hereby
prohibited.
S ec . 2. The Congress and the several States shall have
concurrent power to enforce this article by appropriate leg
islation.
S ec . 3. This article shall be inoperative unless it shall
have been ratified as an amendment to the Constitution by
the legislatures of the several States, as provided in the Con
stitution, within seven years from the date of the submission
hereof to the States by the Congress.
AMENDMENT X IX .
The rignt 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 sex.
Congress shall have power to enforce this article by appro
priate legislation.
RATIFICATIONS TO THE CONSTI
TUTION
Index
397
b
' ' f 'Jo
RATIFICATIONS OF THE CONSTITUTION.
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:
Delaware, December 7, 1787, yeas, 30 (unanimous).
Pennsylvania, December 12, 1787, yeas, 43; nays, 23.
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 21, 1788, yeas, 57; nays, 46.
Virginia, June 26, 1788, yeas, 89; nays, 79.
New York, July 26, 1788, yeas, 30; nays, 27.
North Carolina, November 21, 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, 1791, 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.”
6 9 4 5 4 °— S. D o c . 3 4 9 , 6 7 - 4 -------26
399
-I
RATIFICATIONS OF THE AMENDMENTS TO THE
CONSTITUTION.
The first ten of the preceding articles of amendments (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 rati
fied by the legislatures of the following States:
New Jersey, November 20, 1789.
q
Pennsylvania, March 10, 1790.
A rt, r ?
F,
Delaware, January 28, 1790.
m
Maryland, December 19, 1789.
North Carolina, December 22, 1789.
South Carolina, January 19, 1790.
New Hampshire, January 25, 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
dent, and by him communicated to Congress. The legisla
tures of Massachusetts, Connecticut, and Georgia do not
appear by the record to have ratified them.
The eleventh amendment was submitted to the legislatures
of the several States, there being then sixteen States, by a
resolution of Congress passed on the 5th of March, 1794, at
400
C O N S T IT U T IO N
OF
THE
U N IT E D
STATES.
401
the first session of the Third Congress; and on the 8th of Jan
uary, 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 legislatures of threefourths of the States.
The twelfth amendment was submitted to the legislatures
of the several States, there being then seventeen States,
by a resolution of Congress passed on the 12th of December,
1803, at the first session of the Eighth Congress, and was
ratified, according to a proclamation of the Secretary of
State dated the 25th of September, 1804.
The thirteenth amendment was submitted to the legis
latures of the several States, there being then tliirty-six
States, by a resolution 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 IS, 1865, by the
legislatures of the following StatesIllinois, 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.
Ohio, February 10, 1865.
402
C O N S T IT U T IO N
OF
T IIK
U N IT E D
STATES.
Missouri, February 10, 1865.
Indiana, February 16, 1865.
Nevada, February 16, 1865.
Louisiana, February 17, 1865.
Minnesota, February 23, 1865.
Wisconsin, March 1, 1865.
Vermont, March 9, 1865.
Tennessee, April 7, 1865.
Arkansas, April 20, 1865.
Connecticut, May 5, 1865.
New Hampshire, July 1, 1865.
South Carolina, November 13, 1865.
Alabama, December 2, 1865.
North Carolina, December 4, 1865.
Georgia, December 9, 1865.
The following States ratified this amendment, subsequent
to the date of the proclamation of the Secretary of State, as
follows:
Oregon, December 11, 1865.
California, December 20, 1865.
Florida, December 28, 1865.
New Jersey, January 23, 1866.
Iowa, January 24, 1866.
Texas, February 18, 1870.
The fourteenth amendment was submitted to the legislatures
of the several States, there being then thirty-seven States, by a
resolution of Congress passed on the 16th of June, 1866, at the
first session of the Thirty-ninth Congress, and was ratified,
according to a proclamation of the Secretary of State dated
July 28, 1868, by the legislatures of the following States:
C O N S T IT U T IO N
OF
THE
U N IT E D
STATES.
403
Connecticut, June 30, 1866.
New Hampshire, July 7, 1866.
Tennessee, July 19, 1866.
*New Jersey, September 11, 1866
2Oregon, September 19, 1866.
Vermont, November 9, 1866.
New York, January 10, 1867.
3Ohio, January 11, 1867.
Illinois, January 15, 1867.
West Virginia, January 16, 1867.
Kansas, January 18, 1867.
Maine, January 19, 1867.
Nevada, January 22, 1867.
Missouri, January 26, 1867.
Indiana, January 29, 1867.
Minnesota, February 1, 1867.
Rhode Island, February 7, 1867.
Wisconsin, February 13, 1867.
Pennsylvania, February 13, 1867.
Michigan, February 15, 1867.
Massachusetts, March 20, 1867.
Nebraska, June 15, 1867.
Iowa, April 3, 186&.
Arkansas, April 6, 1868.
Florida, June 9, 1868.
‘ New Jersey withdrew her consent to the ratification in April, 1868.
2Oregon withdrew her consent to the ratification October 15, 1868.
3Ohio withdrew her consent to the ratification in January, 1868.
404
C O N S T IT U T IO N
OF
THE
U N IT E D
STATES.
1 North Carolina, July 4, 1868.
Louisiana, July 9, 1868.
1South Carolina, July 9, 1868.
Alabama, July 13, 1868.
Georgia, July 21, 1868.
‘ The State of Virginia ratified tliis amendment on the 8th
of October, 1869, subsequent to the date of the proclamation
of the Secretary of State.
The States of Delaware, Maryland, Kentucky, and Texas
rejected this amendment.
The fifteenth amendment was submitted to the legislatures
of the several States, there being then thirty-seven States, by
a resolution of Congress passed on the 27th of February, 1869,
at the first session of the Forty-first Congress, and was rati
fied according to a proclamation of the Secretary of State
dated March 30, 1870, by the legislatures of the following
States:
Nevada, March 1, 1869.
West Virginia, March 3, 1869.
North Carolina, March 5, 1869.
Louisiana, March 5, 1869.
Illinois, March 5, 1869.
Michigan, March 8, 1869.
Wisconsin, March 9, 1869.
Massachusetts, March 12, 1869.
Maine, March 12, 1869.
South Carolina, March 16, 1869.
Pennsylvania, March 26, 1869.
Arkansas, March 30, 1869.
‘ North Carolina, South Carolina, Georgia, and Virginia had heretofore
rejected the amendment.
CONSTITUTION OF T H E UNITED STATES.
405
1 New York, April 14, 1869.
Indiana, May 14, 1869.
Connecticut, May 19, 1&69.
Florida, June 15, 1869.
New Hampshire, July 7, 1869.
Virginia, October 8, 1869.
Vermont, October 21, 1869.
Alabama, November 24, 1869.
Missouri, January 10, 1870.
Mississippi, January 17, 1870.
Rhode Island, January 18, 1870.
Kansas, January 19, 1870.
2 Ohio, January 27, 1870.
Georgia, February 2, 1870.
Iowa, February 3, 1870.
Nebraska, February 17, 1870.
Texas, February 18, 1870.
Minnesota, February 19, 1870.
3 The State of New Jersey ratified tliis amendment on the
21st of February, 1871, subsequent to the date of the procla
mation of the Secretary of State.
The States of California, Delaware, Kentucky, Maryland,
Oregon, and Tennessee rejected this amendment.
The sixteenth amendment was submitted to the legislatures
of the several States, there being then forty-eight States, by
a resolution of Congress passed on July 12, 1909, at the first
session of the Sixty-first Congress, and was ratified according1
1Now York withdrew her consent to the ratification January 5, 1870.
2 Ohio had heretofore rejected the amendment May 4, 1869.
8 New Jersey had heretofore rejected the amendment.
I
406
C O N S T IT U T IO N
OF
THE
U N IT E D
STATES.
to a proclamation of the Secretary of State dated February
25, 1913, by the legislatures of the following States:
Alabama, August 17, 1909.
Kentucky, February 8, 1910.
South Carolina, February 23, 1910.
Illinois, March 1, 1910.
Mississippi, March 11, 1910.
Oklahoma, March 14, 1910.
Maryland, April 8, 1910.
Georgia, August 3, 1910.
Texas, August 17, 1910.
Ohio, January 19, 1911.
Idaho, January 20, 1911.
Oregon, January 23, 1911.
Washington, January 26, 1911.
California, January 31, 1911.
Montana, January 31, 1911.
Indiana, February 6, 1911.
Nevada, February 8, 1911.
Nebraska, February 11, 1911.
North Carolina, February 11, 1911.
Colorado, February 20, 1911.
North Dakota, February 21, 1911.
Michigan, February 23, 1911.
Iowa, February 27, 1911.
Kansas, March 6, 1911.
Missouri, March 16, 1911.
Maine, March 31, 1911.
Tennessee, April 11, 1911.
Arkansas, April 22, 1911.
C O N S T IT U T IO N
OF
THE
U N IT E D
STATES.
407
Wisconsin, May 26, 1911.
New York, July 12, 1911.
South Dakota, February 3, 1912.
Arizona, April 9, 1912.
Minnesota, June 12, 1912.
Louisiana, July 1, 1912.
Delaware, February 3, 1913.
Wyoming, February 3, 1913.
New Jersey, February 5, 1913.
New Mexico, February 5, 1913.
The States of Connecticut, Rhode Island, Utah, rejected
this amendment.
The following States ratified this amendment subsequent
to date of the proclamation of the Secretary of State, as
follows: Vermont, Massachusetts, New Hampshire, and West
Virginia.
The seventeenth amendment was submitted to the legis
latures of the several States (there being then forty-eight
States) by a resolution of Congress passed on 16th day of
May, 1912, at the second session of the Sixty-Second Con
gress, and was ratified, according to a proclamation of the
Secretary of State dated May 31, 1913, by the legislatures
of the following States:
Massachusetts, May 22, 1912.
Arizona, June 3, 1912.
Minnesota, June 10, 1912.
New York, January 15, 1913.
Kansas, January 17, 1913.
408
C O N S T IT U T IO N
OF
T H IS
U N IT E D
Oregon, January 23, 1913.
North Carolina, January 25, 1913.
California, January 28, 1913.
Michigan, January 28, 1913.
Idaho, January 31, 1913.
West Virginia, February 4, 1913.
Nebraska, February 5, 1913.
Iowa, February 6, 1913.
Montana, February 7, 1913.
Texas, February 7, 1913.
Washington, February 7, 1913.
Wyoming, February 11, 1913.
Colorado, February 13, 1913.
Illinois, February 13, 1913.
North Dakota, February 18, 1913.
Nevada, February 19, 1913. .
Vermont, February 19, 1913.
Maine, February 20, 1913.
New Hampshire, February 21, 1913.
Oklahoma, February 24, 1913.
Ohio, February 25, 1913.
South Dakota, February 27, 1913.
Indiana, March G, 1913.
Missouri, March 7, 1913.
New Mexico, March 15, 1913.
New Jersey, March 18, 1913.
Tennessee, April 1, 1913.
Arkansas, April 14, 1913.
Connecticut, April 15, 1913.
Pennsylvania, April 15, 1913.
Wisconsin, May 9, 1913.
STATES.
409
CO N ST IT U T IO N OF T H E U N IT E D STATE S.
The eighteenth amendment was submitted to the legisla
was ratified, according to a proclamation of the Acting
Secretary of State dated January 29, 1919, by the legisla-
State.
Date of
ratification.
Jan.
Jan.
Jan.
Feb.
Remarks.
11,1918
16!1918
28.1918
12.1918
12', 1918
22,1918
4,1918
20' 1918
26,1918
2,1918
23,1918
2.1918
9.1918
2,1919
9,1919
8', 1919
8,1918
3,' 1918
7,1919
13,1919
15^1919
16,1919
17.1919
14.1919
13,1919
15,1919
B y legislature.
Certificate, date of.
B y governor’s approval.
Ohio.....................................................................................
7,1919
Illinois.................................................................................
14' 1919
W yoming.....................
17'1919
Idaho............................
8' 1919
Wisconsin.........
17,1919
North Carolina...........
16;1919
Utah.........................
Kansas.....................
Jan. 14.1919
New Mexico........
22.1919
Tennessee...................
1411919
Iowa...........................................
27|1919
Vermont..........................................
29;1919
Missouri..............................................
17,1919
Nevada...........................................
27.1919
Pennsylvania............................
26.1919
New Y o rk .....................................
29,1919
Arkansas.........................................
Jan. 14,1919
Do.
Do.
B y governor’s approval.
B y legislature.
Virginia........................................................................
Kentucky
...........................................................
North D a k o ta .............................................................
South Carolina .........................................................
M aryland.....................................................................
Feb.
Massachusetts.............................................................. Apr.
May
July
Louisiana..................................................................... Auk
Michigan....................................................................... Jan.
Maine............................................................................
Mississippi...................................................................
F lo r id a " ........................................
Oklahoma.........................................
Washington,...........................................
New Hampshire...................................
Nebraska."...........................................
Minnesota...........................................................................
Indiana.....................................................
Alabama............................................................................. ___ d
Do.
B y legislature.
B y governor’s approval.
B y legislature.
B y governor's approval.
Do.
B y legislature.
Do.
Do.
Do.
B y governor’s approval.
B y legislature.
Do.
B y governor’s approval.
B y legislature.
Do.
Do.
Do.
B y governor’s approval.
B y legislature.
0liS‘Vi*
1 B u t see Dillon v. Gloss, 256 U . S ., 368, in which the court said that this amendm ent
became part of the Constitution on Ja n . 16,1919, when ratification by the States w as con
sum m ated, not on date when ratification was proclaimed by the State Departm ent.
lil’ 1
Do.
B y legislature.
Do.
^ Coil‘ i ^ l
Do.
Do.
Do.
B y governor’s approval.
B y legislature.
B y governor’s approval.
B y legislature.
B y governor’s approval.
Wttortos _
Texas............................................................................
Admis. of States
tures of the following States:1
Const’ll
1917, at the second session of the Sixty-fifth Congress, and
of
tures of the several States (there being forty-eight States)
by a resolution of Congress passed on 17th day of December,
W l ^ *
I
410
CO N ST IT U T IO N OF T H E U N IT E D S T A T E S.
The nineteenth amendment was submitted to the legisla
tures of the several States (there being forty-eight States)
by a resolution of Congress passed on 5th day of June, 1919,
at the first session of the Sixty-sixth Congress, and was
ratified, according to a proclamation of the Secretary of
State dated August 26, 1920, by the legislatures of the
following States:
State.
D ate of
ratification.
Ju n e 11,1919
Ju n e 10,1919
Ju n e
Ju n e
Ju ly
Ju ly
Aug.
U tah
*
16,1919
25,1919
2,1919
3,1919
2,1919
Sept. 8,1919
Sept. 10,1919
........................................................... Oct. 2,1919
Nov. 1,1919
N ov. 5,1919
Ju n e 27,1919
Ju n e 16,1919
Ju ly 28,1919
Ju n e 28,1919
Ju n e 16,1919
Dec. 4,1919
Dec. 5,1919
Dec. 15,1919
Ja n . 6,1920
Ja n . 16,1920
Ja n . 19,1920
Ja n . 13,1920
Ja n . 27,1920
Feb. 7,1920
Feb. 12,1920
Feb. 17,1920
Feb. 28,1920
Mar. 13,1920
Feb. 21,1920
Feb. 11,1920
Mar. 22,1920
Aug. 24,1920
Sept. 14,1920
Feb. 8,1921
Rejected by A labam a Septem ber 17, 1919.
Rejected b y V irginia February 12,1920.
Rejected b y M aryland March 26, 1920.
Rem arks.
By
By
By
By
certificate.
legislature.
certificate.
legislature.
Do.
B y governor’s approval.
T)o.
Do.
Do.
B v certificate.
B y governor’s approval.
B v legislature.
' Do.
Do.
B y governor's approval.
B y legislature.
Do.
Do.
Do.
B y certificate.
B y governor's approval.
By
By
By
By
legislature.
governor's approval.
certificate.
legislature.
Do.
B y governor’s approval.
B y legislature.
B y certificate.
B y legislature.
B v governor’s approval.
1)0.
B y legislature.
Do.
Do.
Do.
Do.
*
•
I
INDEX TO THE CONSTITUTION OF THE UNITED STATES AND
AMENDMENTS THERETO.
A.
Art. Amdt. Sec. Cl. Page.
Abridged. The privileges or immunities of citizens of
The United States shall not be...................................
Absent members, in such manner and under such pen
alties as it may provide. Each House is author
ized to compel the attendance of...............................
Accounts of receipts and expenditures of public money
shall be published from time to time. A state
ment of the........................................................................
Accusation. In all criminal prosecutions the accused
shall be informed of the cause and nature of the.
Accused shall have a speedy public trial. In all crimi
nal prosecutions th e .. ....................................................
He shall be tried by an impartial jury of the State
and district where the crime was committed........
He shall be informed of the nature of the accusa
tion.......................................................................................
He shall be confronted with the witnesses against
him .......................................................................................
He shall have compulsory process for obtaining
witnesses in his favor.....................................................
He shall have the assistance of counsel for his de
-
1 -
1 - 5 1
393
373
1
-
9
7
378
-
6
-
-
390
-
6
-
-
390
-
6
-
-
390
-
6
-
-
390
-
6
-
-
390
-
6
-
-
390
6
-
-
390
7
-
-
391
-
1 —
fense..................................................................................... Actions at common law involving over twenty dollars
shall be tried by jury..................................................... Acts, records, and judicial proceedings of another State.
Full faith and credit shall be given in each State
to the...................................................................................
4
Acts. Congress shall prescribe the manner of proving
such acts, records, andproceedings............................ 4
Adjourn from day to day. A smaller number than a
quorum of each House m ay....................................... 1
14
334
— 1
—
384
-
1
373
5
413
414
INDEX TO THE CONSTITUTION OF TH E UNITED STATES.
Art. Amdt. 8ec.Cl. Pace.
Adjourn for more than three days, nor to any other
place than that in which they shall be sitting.
Neither House shall, during the session of Con
gress, without the consent of the other.................... 1 - 5
Adjournment, the President may adjourn them to such
time as he shall think proper. In case of disagree
ment between the two Houses as to.......................... z
6
Admiralty and maritime jurisdiction. The judicial
power shall extend to all cases of............................... 3 Admitted by the Congress into this Union, but no new
State shall be formed or erected within the juris
diction of any other State. New States may be. 4 Nor shall any State be formed by the junction of two
or more States, or parts of States, without the con
sent of the legislatures and of Congress.................... 4 - 3 1
Adoption of the Constitution shall be valid. All debts
and engagements contrac ted by the Confederation
6 - and before the...................................................................
Advice and consent of the Senate. The President shall
2 - 2
have power to make treaties by and with the___
To appoint ambassadors or other public ministers
and consuls by and with the....................................... 2 - 2
To appoint all other officers of the United States not
herein otherwise provided for by and with t h e ... 2 - 2
Aformation. Senators sitting to try impeachments shall
be on oath or......................................................................
To be taken by the President of the United States.
Form of the oath or.........................................................
No warrants shall be issued but upon probable cause
and on oath or...................................................................
To support the Constitution. Senators and Repre
sentatives, members of State legislatures, execu
tive and judicial officers, both State and Federal,
374
p 2
\383
2 1 383
3 1 383
385
1
386
2
382
2
382
2
382
6
382
1 7
381
_
390
1 - 3
2 -
4
4 -
shall be bound by oath or.............................................
No person shall be a Representative who shall not
have attained twenty-five years of............................
No person shall be a Senator who shall not have
6 -
-
3
387
1 -
2
2
370
attained thirty years o f..................................................
Agreement or compact with another State without the
consent of Congress. No State shall enter into
1 -
3
3
372
1 - 10
3
379
Age.
any........................................................................................
IN D E X
TO T H E
C O N S T IT U T IO N
OF T H E
U N IT E D
415
STATES.
Art. Amdt. Sec. Cl. Page.
Aid and comfort. Treason against the United States
shall consist in levying war against them, adhering
to their enemies, and giving them............................
Alliance or confederation.
3 - 3 1
384
No State shall enter into any
treaty of..............................................................................
Ambassadors, or other public ministers and consuls.
The President may appoint.........................................
The judicial power of the United States shall extend
to all cases affecting.......................................................
Amendments to the Constitution. Whenever two-thirds
of both Houses shall deem it necessary, Congress
shall propose......................................................................
On application of the legislatures of two-thirds of
the States, Congress shall call a convention to
propose..............................................................
Shall be valid when ratified by the legislatures of.
or by conventions in, three-fourths of the States.
Answer for a capital or infamous crime unless on pre
sentment of a grand jury. No person shall be
held to.................................................................................
Except in cases in the land or naval forces, or in
the militia when in actual service..........................
Appellate jurisdiction both as to law and fact, with such
exceptions and under such regulations as Con
gress shall make. In what cases the Supreme
Court shall have...............................................................
Application of the legislature or the executive of a State.
The United States shall protect each State against
1
- 10
1
378
2
-
2
2
382
3
-
2
1
383
5
-
-
-
386
5
-
-
-
386
5
-
-
-
386
-
5
-
-
390
-
5
-
-
390
3
-
2
2
384
invasion and domestic violence on t h e .. . . ........... 4 - 4 Application of the legislatures of two-thirds of the States,
Congress shall call a convention for proposing
amendments to the Constitution. On the___ ___
5 - - Appointment of officers and authority to train the militia
reserved to the States respectively......................... - 1 - 8 16
Of such inferior officers as they may think proper
in the President alone. Congress may by law
vestthe.............................................
2 - 2 2
Appointments in the courts of law or in the heads of
Departments. Congress may by law vest t h e .... 2 - 2 2
385
386
377
382
382
0 9 4 5 4 °— S. D oc. 349 , 6 7 - 4 -------27
Index
I
416
IN D E X TO TH E CONSTITUTION OF TH E UNITED STATES.
Art. Arndt. See. Cl. Page.
Apportionment of representation and direct taxation
among the several States. Provisions relating to
the. [Repealed by section 2 of fourteenth
amendment.]..................................................................... 1 Apportionment. Congress shall have power to lay and
collect taxes on incomes, from whatever source
derived, without apportionment among the sev «
eral States. The sixteenth amendment................. - 16
Of Representatives among the several States. Pro
- 14
visions relating to the....................................................
Appropriate legislation. Congress shall have power to
make all laws necessary and proper for carrying
into execution the foregoing powers, and all
other powers vested by the Constitution in the
Government of the United States, or in any
department or officer thereof....................................... 1 Congress shall have power to enforce the thirteenth
amendment, prohibiting slavery, b y ........................ - 13
Congress shall have power to enforce the provi
sions of the fourteenth amendment, b y ................... - 14
Congress shall have power to enforce the provi
sions of the fifteenth amendment, b y ....................... - 15
Appropriation of money for raising and supporting
armies shall be for a longer term than two years.
But no..................................................................................
Appropriations made by law. No money shall l>e
drawn from the Treasury but in consequence o f..
Approve and sign a bill before it shall become a law.
The President shall.........................................................
He shall return it to the House in which it origi
nated, with his objections, if he do not...................
Armies, but no appropriation for that use shall lie for a
longer term than two years. Congress shall have
power to raise and support...........................................
Armies. Congress shall make rules for the government
and regulation of the land and naval forces...........
3
370
- -
395
2-
393
818
377
2-
393
5-
395
2-
395
1 -
812
377
1
-
9 7
378
1 -
7 2
375
1 -
7 2
375
1 -
812
377
1
814
377
-
2
Arms shall not be infringed. A well-regulated militia
being necessary to the security of a free State, the
right of the people to keep and bear........................
2
389
TO
THE
C O N S T IT U T IO N
OF T H E
U N IT E D
417
STATES.
Art. Amdt. Sec. Cl. Page.
Arrest during their attendance at the session of their
respective Houses, and in going to and returning
fromthesame. Members shall in all cases, except
treason, felony, and breach of the peace, be privi
leged from..........................................................................
Arsenals. Congress shall exercise exclusive authority
over all places purchased for the erection of.........
Articles exported from any State. No tax or duty shall
be laid on...........................................................................
Arts by securing to authors and inventors their patent
rights. Congress may promote the progress of sci
ence and'the useful........................................................
Assistance of counsel for his defense. In all criminal
prosecutions the accused shall have th e.................
Assumption of the debt or obligations incurred in aid of
rebellion of insurrection against the United States.
Provisions against the....................................................
Attainder or ex postfacto law shall be passed. No bill of.
Attainder, ex post facto law, or law impairing the obliga
tions of contracts. No State shall pass any bill of.
Attainder of treason shall not work corruption of blood
or forfeiture, except during the life of the person
attainted.............................................................................
Authors and inventors the exclusive right to their writ
ings and inventions. Congress shall have power
to secure to........................................................................
1 - 6 1
374
1
377
-
8 17
1
-
9
5
378
1
-
8
8
376
-
6
-
-
390
-
14
1-
4
9
3
394
378
1 - 10
1
379
3 -
3
2
384
1 -
8
8
376
S ’Senators by States - mtif. of Const’n _Admis. of States _T em torios
IN D E X
B.
Bail.
Art. Arndt. S«c.CI. Pace
E x c e ssiv e b a il sh all n ot b e re q u ire d , nor e x c e s
siv e fines nor cruel a n d u n u su al p u n is h m e n ts i m
p o se d ....................................................... .........................................
Ballot for P resid en t a n d V ic e -P r e sid e n t.
shall v o te b y ................................................................................
Ballot.
-
8
- -
391
-
391
- -
392
8 4
376
- 14
2 -
393
-
- -
389
1 9 3
383
378
1
1
379
379
T h e electors
- 12 -
I f no person h a v e a m a jo rity of th e electoral
v o tes for P resid en t a n d V ic e -P r e sid e n t, th e H o u se
of R e p rese n ta tiv es sh all im m e d ia te ly choose th e
P resid en t b y ................................................................................
Bankruptcies.
- 12
Congress sh a ll h a v e pow er to pass u n i
form law s on th e s u b je c t o f ...............................................
Basis of representation
am ong
th e
severa l
P rovisions relatin g to t h e .....................................................
Bear arms sh all n o t b e in frin g ed .
A
1
-
S tates.
w ell-reg u la ted
m ilitia b e in g necessary to th e se c u rity of a free
State, th e righ t of th e p eo p le to k eep a n d ...............
Behavior.
The
ju d g e s
of
th e
S u p re m e
an d
courts sh all h o ld th e ir offices d u rin g g o o d ...............
Bill of attainder or ex post facto law shall b e p assed. N o .
Bill of attainder, ex post facto law , or law im p a irin g th e
ob ligation of contracts.
N o S tate shall pass a n y . .
Bills of c red it. N o S tate shall e m i t ...........................................
Bills for raising re v e n u e sh all origin ate in th e H o u se of
R e p r e se n ta tiv e s.
2
inferior
A l l ............................................................
3
1
-
1 - 10
1 -1 0
1 - 7 1
375
1
-
7 2
375
1
-
7 2
375
1
-
7 2
375
1
-
7 2
375
Bills w h ic h h a v e passed th e S en a te a n d H o u se of R e p re
se n ta tiv e s sh a ll, before t h e y b e c o m e law s, be pre
se n te d to th e P r e s id e n t.........................................................
If he a p p ro ve , h e sh all sig n th e m ; if h e d isa p p ro v e ,
he sh all retu rn th e m , w ith h is o b je c tio n s, to th a t
H o u se in w h ic h th e y o r ig in a te d .....................................
Bills.
U p o n t h e recon sid eration of a b ill retu rn ed b y
th e P re sid en t, w ith h is o b je c tio n s, if tw o -th ird s of
e a ch H o u se agree to pass th e sam e, i t sh a ll b e co m e
a la w .................................................................................................
U p o n th e recon sid eration of a b ill retu rn ed b y th e
P resid en t, th e q u e stio n s h a ll b e ta k en b y yeas a n d
n a y s ....................................................................................................
418
IN D E X
TO
THE
C O N S T IT U T IO N
OF T H E
U N IT E D
419
STATES.
Art. Amdt. Sec. Cl. Page*
Bills.
N o t retu rn ed b y th e P re sid e n t w ith in te n d ay s
(S u n d a y s e x c e p te d ), sh a ll, unless Congress a d
jo u rn , b e c o m e la w s..................................................................
Borrow m o n e y on th e cred it of th e U n it e d S tates.
gress sh a ll h a v e pow er t o .....................................................
Bounties an d pen sion s, sh a ll n o t b e q u e stio n e d .
1
-
7
2
375
1
-
8
2
376
-
14
4
-
394
1
-
6
1
374
2
-
4
-
283
C on
The
v a lid ity of th e p u b lic d e b t in cu rred in suppressing
in surrection an d
re b e llio n
States, in c lu d in g th e d e b t
again st th e
U n ite d
fo r.........................................
Breach of th e p ea ce , sh all b e p riv ile g e d from arrest w h ile
a tte n d in g th e session, an d in goin g to a n d retu rn
in g from th e sam e.
Senators a n d R e p rese n ta
tiv e s, e x c e p t for treason, fe lo n y , a n d .........................
Bribery, or other h ig h crim es an d m isd em ean ors.
The
P resid en t, V ic e -P re sid e n t, a n d a ll c iv il officers
sh all b e re m o v e d on im p e a c h m e n t for an d co n
v ic tio n of trea son ......................................................................
c.
Art. Amdt. Sec. Cl. Pa«e.
Capital or otherw ise in fam o u s crim e , unless on in d ic t
m e n t of a grand ju r y , e x c e p t in certain s p ec ifie d
cases.
N o person sh all b e h e ld to answ er for a . .
-
5
-
-
390
1
-
9
4
378
1
-
8 11
377
1
-
3
4
372
1
-
2
3
370
1
-
9
4
378
Capitation or other d ire ct ta x sh all b e la id unless in pro
portion to th e census or e n u m e ra tio n .
te e n th a m e n d m e n t, p . 3 97]
Captures on la n d a n d w ater.
[S ee s ix
N o ...................................
Congress sh all m a k e rules
c o n ce rn in g .....................................................................................
Casting vote.
T h e V ic e P re sid en t sh all h a v e no vo te
u n less th e Senate b e e q u a lly d iv id e d ..........................
Census or en u m e ration o f th e in h a b ita n ts sh a ll be m ade
w ith in three years after th e first m e e tin g of Con
gress, an d w ith in e v e r y su b s e q u e n t te rm of ten
years th erea fter...........................................................................
Census or e n u m e ration .
N o ca p ita tio n or oth er d ire ct
ta x sh a ll b e la id e x c e p t in proportion to th e .
[See s ix te e n th a m e n d m e n t, p . 3 9 7 ]...............................
Chief Justice sh a ll preside w h en th e P re sid en t of th e
U n it e d S tates is trie d u p on im p e a c h m e n t.
The.
1
-
3
6
372
2
-
1
3
381
2
-
1
4
381
1
-
3
3
372
1
-
2
2
370
4
-
2
1
384
Choosing th e electors a n d th e d a y on w h ich t h e y shall
g iv e th e ir v o te s, w h ich sh all b e th e sam e th rou gh
o u t th e U n it e d S tates.
Congress m a y d eterm in e
th e tim e o f......................................................................................
Citizen of th e U n it e d S tates a t th e a d o p tion of th e C on
stitu tio n shall b e e lig ib le to th e office of P resid en t.
N o person n ot a n atu ral b o r n ............................................
Citizen of th e U n it e d S tates.
N o person sh all l>e a S ena
tor w ho sh a ll n ot h a v e a tta in e d th e age of th ir ty
years an d b e e n n in e years a ..............................................
N o person sh a ll b e a R e p r e se n ta tiv e w ho sh all not
h a v e a tta in e d th e age o f tw e n ty -fiv e years and
b e e n se v e n years a ....................................................................
Citizenship.
C itize n s of e a ch S ta te sh a ll be e n title d to
all th e p riv ileg es a n d im m u n itie s of citiz e n s of
th e several S ta te s......................................................................
420
421
INDEX TO TH E CONSTITUTION OF T H E UNITED STATES.
Art. Amdt. Sec. Cl. Page.
A ll persons born or n a tu ra lized
C itizen sh ip .
U n it e d
S tates, an d s u b je c t to th e
in
th e
ju risd ic tio n
thereof, are c itize n s of th e U n ite d S tates an d of
th e State in w h ich th e y re sid e ........................................
-
14
1
-
393
-
14
1
-
393
-
14
1
-
393
-
14
1
-
393
-
ll
-
-
391
2
-
4
-
383
N o S tate sh all m a ke or enforce a n y law w h ich sh all
abridge th e p riv ileg es or im m u n itie s o f citiz e n s of
th e U n ite d S tates......................................................................
N or sh all a n y State d e p riv e a n y person of life , lib
e rty , or property w ith o u t d u e process of la w ..........
N o r d e n y to a n y person w ith in its ju risd ic tion th e
e q u al protection of th e la w s ..............................................
C itizens or subjects of a foreign sta te .
T h e j u d icia l pow er
of th e U n ite d States sh all n o t e x te n d to su its in
law or e q u ity brought against one of th e S tates b y
th e c itize n s of another State, or b y ...............................
C iv il officers o f th e U n ite d States sh all, on im p e a c h m e n t
for an d c o n v ic tio n of treason, b r ib e ry , an d other
high
crim es
an d
m isdem ean ors,
be
re m o v e d .
A l l ......................................................................................................
C laim s of th e U n it e d States or a n y p articu lar S tate in the
T erritory or p u b lic pro perty.
N o th in g in th is
C on stitu tion sh all be construed to p re ju d ic e ............
C lassification o f S enators.
4
-
3
2
385
1
-
3
2
371
1
-
3
2
371
1
-
3
2
372
1
-
3
2
372
1
-
10
1
379
1
-
8
5
376
1
-
8
6
376
Im m e d ia te ly after th e y shall
b e a ssem b led after th e first e le c tio n , t h e y shall be
d iv id e d as e q u a lly as m a y b e in to three classes. .
T h e seats of th e Senators of th e first class sh all be
va ca te d at th e e xp ira tio n of th e secon d y e a r..........
T h e seats of th e Senators of th e secon d class at th e
e xp ira tio n of th e fourth y e a r ............................................
T h e seats of th e Senators of th e th ird class at the
exp ira tio n of th e six th y e a r ...............................................
C oin a ten d er in p a y m e n t of d eb ts.
N o State sh all m a ke
a n y th in g b u t gold an d silv e r.............................................
coin.
Congress sh all h a v e pow er t o .............................
C oin of th e U n ite d S tates.
Congress shall p ro vid e for
p u n ish in g th e cou n te rfe itin g th e securities and
cu rre n t.............................................................................................
1 tb?i OiiicefS
<Gen'! ,ndox
Sup,, Court
C oin m o n e y a n d regulate th e v a lu e thereof an d of foreign
-J m
*
422
INDEX TO THE CONSTITUTION OF TH E UNITED STATES.
Art. Amdt. Sec. CL Pace
C olor, or p reviou s co n d itio n of se rv itu d e .
T h e righ t of
c itize n s of th e U n ite d S tates to v o te sh all n ot be
d en ied or ab ridged b y th e U n ite d S tates or b y a n y
State on ac co u n t o f ra c e .......................................................
C om fort.
-
15
1
-
395
Treason against th e U n ite d S tates sh a ll co n
sist in le v y in g w ar against th e m , an d g iv in g th e ir
en em ies a id a n d ..........................................................................
3
- 3
1
‘184
Com m ander in C h ief of th e A r m y an d N a v y , a n d o f th e
m ilitia w h en in actu al se rv ic e .
T h e P re sid en t
sh all b e ............................................................................................
2
-
2
1
382
Com m erce w ith foreign n ation s, am on g th e S tates, and
w ith In d ia n trib e s.
Congress sh all h a v e p ow er to
re g u la te ............................................................................................
Com m erce or revenue.
1
- 8
3
376
1
- 9
6
378
1
- 9
6
378
2
- 2
3
382
-
- -
-
369
N o p referen ce sh a ll b e g iv e n to
th e ports of one State o v er those of an oth er b y a n y
regulation o f ..................................................................................
V essels clearing from th e ports of on e S tate sh all not
p a y d u tie s in those of a n o th e r..........................................
C om m ission s to e x p ire at th e en d of th e n e x t session.
T h e P re sid e n t m a y fill va ca n cie s th a t h ap p e n in
th e recess of th e S en a te b y g ra n tin g ............................
C om m on defense, prom ote th e general w elfare, e tc .
insure th e .
To
[P r e a m b le ]........................................................
C om m on defense and general w elfare.
Congress shall
h a v e pow er to p ro v id e for t h e . . ......................................
C om m on
law ,
w here
the
am ount
in v o lv e d
tw e n ty d ollars, sh all b e tried b y ju r y .
1
-
8
1
376
exceeds
S u its a t . . .
-
7-
-
391
-
7-
-
391
10
3
379
- 10
3
379
N o fact tried b y a ju r y sh a ll b e otherw ise re e x a m
in ed in a n y co u rt of th e U n ite d S tates than ac
co rd in g to th e rules of t h e ...................................................
C om pact w ith an oth er S ta te .
N o S ta te sh a ll, w ith o u t
th e c o n se n t of Congress, en ter in to a n y agreem en t
o r ..............................- ........................................................................
1
with a foreign power. No State shall, without
the consent of Congress, enter into any agreement
o r ........................................................... ................. 1
C om pen sation of Senators and Representatives to be
-
C om pact
ascertained by law.........................................................
1 - 6 1
of the President shall not be increased nor
diminished during the period for which he shall
be elected ................................................................. 2
420
C om pen sa tion
-
1
6
381
I
IN D E X TO T H E C O N S T IT U T IO N
OF T IIE
U N IT E D
423
STATES.
Art. Amdt. Sec. Cl. Page.
1
-
383
-
5 -
-
390
-
6 -
-
390
1
- 10
1
378
6
-
-
1
386
3
-
3
1
384
1
-
1
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369
1
-
1
-
369
1
-
4
2
373
1
-
4
1
373
- 5
1
373
to do business.................................................................... 1 - 5
1
A smaller number may adjourn from day to day and
may be authorized to compel the attendance of
absent members........................... ................................... 1 - 5 1
Each House may determine the rules of its proceed
ings, punish its members for disorderly behavior,
and, with the concurrence of two-thirds, expel a
member............................................................................... 1 - 5 2
373
Each House shall keep a journal of it3 proceedings..
Neither House, during the session of Congress, shall,
without the consent of the other, adjourn for more
than three days................................................................
t
1
373
374
1
- 5
3
374
1
- 5
4
374
Territories
-
Admis. of States
3
i.atifu of Const’n
Compensation of the judges of the Supreme and inferior
courts shall not be diminished during their con
tinuance in office.............................................................
Compensation. Private property shall not be taken for
public use without just.................................................
Compulsory process for obtaining witnesses in his favor.
In criminal prosecutions the accused shall have..
Confederation. No State shall enter into any treaty,
alliance, or.........................................................................
Confederation. All debts contracted and engagements
entered into before the adoption of this Constitu
tion shall be as valid against the United States
under it as under the.....................................................
Confession in open court. Conviction of treason shall be
on the testimony of two persons to the evert act,
or upon................................................................................
Congress of the United States. All legislative powers
shall be vested in a .........................................................
Shall consist of a Senate and House of Representa
tives......................................................................................
Shall assemble at least once in every year, which
shall be on the first Monday of December, unless
they by law appoint a different day....................... ..
May at any time alter regulations for elections of
Senators and Representatives, except as to the
places of choosing Senators..........................................
Each House shall be the judge of the elections, re
turns, and qualifications of its own members__
A majority of each House shall constitute a quorum
424
INDEX TO THE CONSTITUTION OF THE UNITED STATES.
Art. Amdt. Sec. Cl. Pace*
Congress of the United States. Senators and Representa
tives shall receive a compensation to be ascer
tained by la w ...................................................................
They shall in all cases, except treason, felony, and
breach of the peace, be privileged from arrest dur
ing attendance at their respective Hous&s, and in
going to and returning from the same......................
No Senator or Representative shall, during his term,
be appointed to any civil office, which shall have
been created, or of which the emoluments shall
have been increased, during such term.................
No person holding any office under the United
States shall, while in office, be a member of either
House of Congress............................................................
All bills for raising revenue shall originate in the
House of Representatives.............................................
Proceedings in cases of bills returned by the Presi
dent with his objections................................................
Shall have power to lay and collect duties, imports,
and excises, pay the debts, and provide for the
common defense and general welfare.......................
Congress shall have power to borrow money on the credit
1 - 6 1
374
1 - 6 1
374
1
- 6 2
375
1
- 6 2
375
1 - 7 1
375
1
375
- 7 2
1 - 8 1
376
of the United States........................................................
To regulate foreign and domestic commerce, and
with the Indian tribes....................................................
To establish a uniform rule of naturalization and
uniform laws on the subject of bankruptcies----To coin money, regulate its value, and the value
of foreign coin, and to fix the standard of weights
and measures.....................................................................
To punish the counterfeiting the securities and cur
rent coin of the United States....................................
To establish post-offices and poet-roads.......................
To promote the progress of science and the useful
1
- 8 2
376
1
- 8 ,3
376
1
- 8 4
376
1
- 8 5
376
1
1
- 8 6
- 8 7
376
376
arts........................................................................................
To constitute tribunals inferior to the Supreme
1
- 8 8
376
Court................................................................. ...................
To define and punish piracies and felonies on the
1
- 8 9
376
1
- 8 10
377
high seas and to punish offenses against the law
of nations............................................................................
IN D E X TO T H E
C O N S T IT U T IO N
OF T H E
U N IT E D
425
STATES.
Art. Amdt. Sec. Cl. Page.
Congress to declare war, grant letters of marque and re
prisal, and make rules concerning captures on
land and water..............................................................
1
To raise and support armies, but no appropriation
of money to that use shall be for a longer term
than two years.................................................................. 1
To provide and maintain a N avy.................................
1
To make rules for the government of the Army and
Navy....................................................................................
1
To call out the militia to execute the laws, suppress
insurrections, and repel invasions............................. 1
To provide for organizing, arming, and disciplining
the militia..........................................................................
1
To exercise exclusive legislation over the District
fixed for the seat of government, and over forts,
magazines, arsenals, and dockyards.........................
1
To make all laws necessary and proper to carry into
execution all powers vested by the Constitution
in the Government of the United States...............
1
No person holding any office under the United
States shall accept of any present, emolument,
office, or title of any kind from any foreign State,
without the consent of................................................... 1
Congress may determine the time of choosing the elec
tors for President and Vice-President and the day
2
on which they shall give their votes........................
The President may, on extraordinary occasions, con
vene either House of......................................................
The manner in which the acts, records, and judicial
proceedings of the States shall be proved, shall
be prescribed b y ..............................................................
New States may be admitted by Congress into this
Union...................................................................................
Shall have power to make all needful rules and reg
ulations respecting the territory or other prop
erty belonging to the United States.........................
Amendments to the Constitution shall be proposed
whenever it shall be deemed necessary by twothirds of both Houses o f...............................................
Persons engaged in insurrection or rebellion against
the United States disqualified for Senators or
Representatives i n ..........................................................
-
8 11
377
-
8 12
8 13
377
377
-
8 14
377
-
8 15
377
-
8 16
377
-
8 17
377
-
8 18
377
-
9
8
378
3
381
-
382
-
384
- 1
2
-
4
- 1
3
4 - 3 1
385
4
- 3
2
385
5
- -
-
386
-
14 3
-
394
426
INDEX TO TH E CONSTITUTION OF T H E UNITED STATES.
Art. Arndt. Sec. Cl. Page.
Congress. But such disqualifications may be removed
by a vote of two-thirds of both Houses of.............
Shall have power to enforce, by appropriate legis
lation, the thirteenth amendment.. . ......................
- 14
- 13
Shall have power to enforce, by appropriate legisla
tion, the fourteenth amendment................................ - 14
Shall have power to enforce, by appropriate legisla
tion, the fifteenth amendment............ ....................... - 15
Shall have power to lay and collect taxes on in
comes, from whatever source derived, without
apportionment, and without regard to any census
or enumeration, the sixteenth amendment........... - 16
Consent. No State shall be deprived of its equal suf
frage in the Senate without its............... ...................
Consent of Congress. No person holding any office of
profit or trust under the United States shall ac
cept of any present, emolument, office, or title
of any kind whatever, from any king, prince,
or foreign potentate, without the........... ...................
No State shall lay any imposts or duties on im
ports, except what may be absolutely necessary
for executing its inspection laws, without t h e ...
No State shall lay any duty of tonnage, keep troops
or ships of war in time of peace, without the-----Consent o f Congress. No State shall enter into any agree
ment or compact with another State, or with a for
eign power, without the...............................................
No State shall engage in war unless actually in
vaded, or in such imminent danger as will not
admit of delay, without the.........................................
No new State shall be formed or erected within the
jurisdiction of any other State, or any State be
formed by the junction of two or more States, or
parts of States, without the consent of Jhe legis
latures thereof, as well as th e.. . ................................
3
2
-
394
393
5
-
395
2
-
395
-
-
395
5
-
-
-
386
1
-
9
8
378
1
- 10
1
-
10
3
379
1
-
10
3
379
1
-
10
3
379
2
4 - 3 1
Consent of the legislature of the State in which the same
may be. Congress shall exercise exclusive au
thority over all places purchased for the erection
of forts, magazines, arsenals, dockyards, and other
needful buildings with the.................................... ..
1
Consent of the legislatures of the States and of t'ongress.
No State shall be formed by the junction of two or
more States or parts of States without the.............. 4
379
385
-
8 17
377
-
3
335
1
INDEX TO TH E CONSTITUTION OF T H E UNITED STATES.
427
Art. Amdt. Sec. Cl. Page.
Consent o f the other. Neither House, during the session
of Congress, shall adjourn for more than three
days, nor to any other place than that in which
1
they shall be sitting, without the..............................
Consent of the owner. No soldier shall be quartered in
time of peace in any house without the.................. Consent o f the Senate. The President shall have power
to make treaties, by and with the ad vice and___
2
The President shall appoint ambassadors, other
public ministers and consuls, judges of the Su
preme Court, and all other officers created by
law and not otherwise herein provided for, by and
with the advice and.......................................................
2
Constitution, in the Government of the United States,
or in any department or officer thereof. Congress
shall have power to pass all laws necessary to the
execution of the powers vested b y ............................ 1
Constitution, shall be eligible to the office of President,
No person, except a natural-born citizen, or a
citizen at the time of the adoption of the............... 2
Constitution. The President, before he enters upon the
execution of his office, shall take an oath to pre
serve, protect, and defend the.................................... 2
Constitution, laws, and treaties of the United States.
The judicial power shall extend to all cases
arising under the.............................................................
3
Constitution shall be so construed as to prejudice any
claims of the United States, or of any State (in
respect to territory or other property of t he United
States). Nothing in the............. ................................. 4
Constitution. The manner in which amendments to,
may be proposed and ratified.....................................
Constitution shall be as valid under it as under the Con
federation.
A ll debts and engagements con
tracted before the adoption of the.............................
Constitution and the laws made in pursuance thereof,
and all treaties made, or which shall be made, by
the United States, shall be the supreme law of the
land. The.........................................................................
The judges in every State, anything in the consti
tution or laws of a State to the contrary7 notwith
standing, shall be bound thereby..............................
-
5
4
374
-
389
2
2
382
- 2
2
382
-
8 18
377
-
1
4
381
- 1
7
381
3 -
- 2
1
383
-
3
2
385
5
-
-
-
386
6
-
-
1
386
6
- -
2
386
6
- -
2
386
428
IN D E X
TO T H E
C O N S T IT U T IO N
OF T H E
U N IT E D
STATES.
Art. Arndt. Sec. Cl. Pace.
Constitution. All officers, legislative, executive, and
judicial, of the United States, and of the several
States, shall be bound by an oath to support th e ..
6 - But no religious test shall ever be required as a quali
fication for any office or public trust........................ 6 - Constitution, between the States so ratifying the same.
The ratification of the conventions of nine States
shall be sufficient for the establishment of t h e .. .
7 - Constitution of certain rights shall not be construed to
deny or disparage others retained by the people.
The enumeration in the................................................ 9 Constitution, nor prohibited by it to the States, are re
served to the State respectively or to the people.
Powers not delegated to the United States by the.
- 10 Constitution, and then engaged in rebellion against the
United States. Disqualification for office im
posed upon certain classes of persons who took an
oath to support the......................................................... - 14 3
Constitution. Done in convention by the unanimous
consent of the States present, September 17,1787.
7 - Contracts. No State shall pass any ex post facto law, or
law impairing the obligation of.................................. 1 - 10
3
387
3
387
-
387
-
391
-
391
-
394
-
387
1
379
1
383
to which the United States shall be a party;
between two or more States; between a State and
citizens of another State; between citizens of
different States; between citizens of the same
State claiming lands under grants of different
States; between a State or its citizens and foreign
States, citizens, or subjects. The judicial power
C ontroversies
shall extend to ..................................................................
3 -
Convene Congress or either House, on extraordinary
occasions. The President m ay.................................. 2
Convention for proposing amendments to the Constitu
tion. Congress, on the application of two-thirds
of the legislatures of the States, may call a ...........
5
2
-
3 -
382
-
-
-
386
Convention, by the unanimous consent of the States
present on the 17th of September, 1787. Adop
tion of the Constitution i n ...........................................
Conventions of nine States shall be sufficient for the
establishment of the Constitution. The ratifica
7
-
-
-
387
tion of the...........................................................................
7
-
-
-
387
IN D E X
TO T H E
C O N S T IT U T IO N
OF T H E
U N IT E D
429
STATES.
Art. Amdt. Sec. Cl. Page.
Conviction in cases of impeachment shall not be had
without the concurrence of two-thirds of the
members present.............................................................
Copyrights to authors for limited times. Congress shall
have power to provide for............................................
Corruption of blood. Attainder of treason shall not
work.....................................................................................
Counsel for his defense. In all criminal prosecutions the
accused shall have the assistance of.........................
Counterfeiting the securities and current coin of the
United States. Congress shall provide for the
punishment of...................................................................
Courts. Congress shall have power to constitute tri
bunals inferior to the Supreme Court......................
Courts of law. Congress may by law vest the appoint
1 -
3
6
373
1 -
8
8
376
3 - 3 2
-
6
-
-
390
1 -
8
6
376
1
ment of such inferior officers as they think proper
in the President alone, in the heads of Depart
ments, or in th e ............................................................... 2
Courts as Congress may establish. The judicial power
3
-
8
9
376
-
2
2
382
-
1
-
383
3 -
-
383
1
- 10
-
383
1
1
379
1
-
8
2
376
acts, xecords, and judicial proceedings of each
State. Full faith and...................................................
4
-
1
-
384
Crime, unless on a presentment of a grand jury. No per
son shall be held to answer for a capital or other
wise infamous...................................................................
-
5
-
-
390
-
5
-
-
390
2
-
4
-
383
1 ij ■') U ii';.
3
1
C o u fi
of the United States shall be vested in one Su
preme Court and such inferior....................................
Courts. The judges of the Supreme and inferior courts
shall hold their offices during good behavior. . . .
Their compensation shall not be diminished during
their continuance in office ...........................................
Credit. No State shall emit bills of......................................
Credit of the United States. Congress shall have power
to borrow money on the................................................
Credit shall be given in every other State to the public
384
Except in cases in the military and naval forces, or
in the militia, when in actual service.....................
Crimes and misdemeanors. The President, Vice Presi
dent, and all civil officers shall be removed on
impeachment for and conviction of treason, bri
bery, or other....................................................................
430
INDEX TO TH E CONSTITUTION OF T H E UNITED STATES.
Art. Amdt. Sec. Cl. Page.
Crimes, except in cases of impeachment, shall be tried
by jury. A ll......... — . . ...............................................
They shall be tried in the State within Avhich they
may be committed..........................................................
3
-
2 3
384
3
-
2 3
384
-
2
3
384
6
-
-
390
6
-
-
390
6
-
-
390
6
-
-
390
6
-
-
390
5
-
-
390
8
-
-
391
When not committed in a State, they shall be tried
at the places which Congress may by law have
provided............................................................................. 3
Criminal -prosecutions, the accused shall have a speedy
and public trial by jury in the State and district
where the crime was committed. In all................ He shall be informed of the nature and cause of the
accusation........................................................................... He shall be confronted with the witnesses against
him .................................. *................................................... He shall have compulsory process for obtaining
witnesses in his favor.............................. •.....................
He shall have the assistance of counsel in his de
fense.....................................................................................
Criminate himself. No person as a witness shall be
compelled to...................................................................... Cruel and unusual punishments inflicted. Excessive
bail shall not be required, nor excessive fines
imposed, nor...................................................................... -
D.
Art. Amdt. Sec. Cl. Page.
Danger as will not admit of delay. No State shall,
without the consent of Congress, engage in war,
unless actually invaded or in such imminent----1
Day on which they shall vote for President and VicePresident, which shall be the same throughout
the United States. Congress may determine the
time of choosing the electors and the....................... 2
Day to day, and may be authorized to compel the attend
ance of absent members. A smaller number than
a quorum of each House may adjourn from........... 1
Death, resignation, or inability of the President, the
powers and duties of his office shall devolve on
the Vice-President. In case of the..........................
Death, resignation, or inability of the President. Con
2
- 10
3
-
1
3
-
5
1
-
1
5
gress may provide by law for the case of the •
removal............................................................................... 2 - 1 5
Debt of the United States, including debts for pensions
and bounties incurred in suppressing insurrec
tion or rebellion, shall not be questioned. The
validity of the public....................................•=.............. - 14 4 Debts. No State shall make anything but gold and
silver coin a tender in payment of............................ 1 - 10 1
Debts and provide for the common defense and general
welfare of the United States. Congress shall have
1
-
1
-
1
4
-
8 11
431
6 9 4 5 4 °— S. Doc. 349. 0 7 - 4 ------ 28
i
C tb’i Oiilcers__ j Gen' 1 ,ndex
Declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and
water. Congress shall have power to.....................
8
Sup. Couri
power to pay the.............................................................
1 Debts and engagements contracted before the adoption
of this Constitution shall be as valid against the
United States under it as under the Confedera
tion....................................................................................... 6 Debts or obligations incurred in aid of insurrection or
rebellion against the United States, or claims for
the loss or emancipation of any slave. Neither
the United States nor any State shall assume or
pay any............................................................................... - 14
INDEX TO TH E CONSTITUTION OE TH E UNITED STATES.
432
Art. Arndt. Sec. Cl. Pace.
Defense, promote the general welfare, etc. To insure
the common. [Preamble]............................................
Defense and general welfare throughout the United
States. Congress shall have power to pay the
debts and provide for the common...........................
Defense. In all criminal prosecutions the accused shall
have the assistance of counsel for his.......................
Delaware entitled to one Representative in the First
-
-
1
-
-
-
- 8 1
6
-
369
385
-
1
- 2 3
Congress..............'...............................................................
No State shall, without the consent of Congress,
engage in war unless actually invaded, or in such
imminent danger as will not admit of...................... 1 - 10 3
Delegated to the United States, nor prohibited to the
States, are reserved to the States or to the people.
The powers not................................................................. - 10 Deny or disparage others retained by the people. The
enumeration in the Constitution of certain rights
shall not be construed to............................................... - 9 Departments upon any subject relating to their duties.
The President may require the written opinion of
- 2 1
the principal officers in each of the E x ecu tiv e... 2
Departments. Congress may by law vest the appoint
2 2
ment of inferior officers in the heads of................... 2 -
390
371
Delay.
Direct tax shall be laid unless in proportion to the census
or enumeration. No capitation or other................
Direct
1
379
391
391
382
382
- 9
4
378
1 -
2
3
370
2
1
5
381
taxes and Representatives, how apportioned
among the several States. [Repealed by the sec
ond section of the fourteenth amendment, on
page 395].............................................................................
Disability of the President and Vice-President. Pro
visions in case of the......................................................
Disability. No person shall be a Senator or Representa
tive in Congress, or Presidential elector, or hold
-
any office, civil or military, under the United
States, or any State, who having previously taken
an oath as a legislative, executive, or judicial
officer of the United States, or of any State, to
support the Constitution, afterwards engaged in
insurrection or rebellion against the X nited
States............... .............
........................
But Congress may, by a vote of two-thirds of each
House, remove such..................................................... .-
- 14
3 -
- 14 3
-
3W
394
IN D E X TO T H E C O N S T IT U T IO N
OF T IIE
433
U N IT E D S T A T E S .
Art. Amdt. Sec. Cl. Page.
Disagreement between the two Houses as to the time of
adjournment, the President may adjourn them to
such time as he may think proper. In case o f.. .
Disorderly behavior. Each House may punish its mem
bers for..................................................................... ..........
And with the concurrence of two-thirds expel a
member for........................................................................
Disparage others retained by the people. The enumera
tion in the Constitution of certain rights shall not
be construed to deny or................................................
Disqualification. No Senator or Representative shall,
during the time for which he was elected, be ap
pointed to any office under the United States
which shall have been created or its emoluments
increased during such term.........................................
No person holding any office under the United States
shall be a member of either House during his con
tinuance in office.............................................................
2
-
3
-
382
1 - 5 2
374
1 - 5 2
374
-
9
-
-
391
1
-
6
2
375
375
394
394
377
377
369
385
390
Sup,, Court
6 2
No person shall be a member of either House, ih-esidential elector, or hold any office under the
United States, or any State, who. having pre
viously sworn to support the Constitution, after
wards engaged in insurrection or rebellion............ - 14 3 But Congress may, by a vote of two-thirds of each
House, remove such disability................................... - 14 3 District o f Columbia. Congress shall exercise exclusive
legislation in all cases over th e..................................
1 8 17
Dockyards. Congress shall have exclusive authority
over all places purchased for the erection o f......... 1 - 8 17
Domestic tranquillity, provide for the common defense,
etc. To insure. [Preamble]...................................... - - - Domestic violence. The United States shall protect each
4 - 4 Due process o f law. No person shall be compelled, in
any criminal case, to be a witness against himself,
nor be deprived of life, liberty, or property with
out......................................................................................... - 5 _ _
No State shall deprive any person of life, liberty, or
property without..................................................... .
- 14 1 -
393
( ,i>>t OUicMu
,ndex
i
434
INDEX TO TH E CONSTITUTION OF T H E UNITED STATES.
Art. Amdt. Sec. Cl. Pace.
Duties and powers of the office of President, in case of his
death, removal, or inability to act, shall devolve
on the Vice-President....................................................
Duties and powers. In case of the disability of the Presi
dent and Vice-President, Congress shall declare
what officer shall act.......................................................
Duties, imposts, and excises. Congress shall have power
to lay and collect taxes.................................................
Shall be uniform throughout the United States----Duties shall be laid on articles exported from any State.
No tax or........................................................................ *.
Duties in another State. Vessels clearing in the ports of
one State shall not be obliged to pay.......................
On imports and exports, without the consent of Con
gress, except where necessary for executing its
inspection laws. No State shall lay any................
Duties on imports or exports. The net produce of all
such duties shall be for the use of the Treasury of
the United States............................................................
All laws laying such duties shall be subject to the
2
-
1
5
381
2
-
1
5
381
1 - 8 1
1 - 8 1
376
376
1
-
9
5
378
1
-
9
6
378
1
- 10
2
379
1
- 10
2
379
revision and control of Congress.................................
1
- 10
2
379
Duty o f tonnage without the consent of Congress. No
State shall lay any...........................................................
1
- 10
3
379
E
Art. Amdt. Sec. Cl. Page.
Election of President and Vice-President. Congress may
determine the day for the............................................
Shall be the same throughout the United States.
The day of the.................................................................
Elections for Senators and Representatives. The legisla
tures of the States shall prescribe the times,
places, and manner of holding....................................
But Congress may, at any time, alter such regula
tions, except as to the places of choosing Senators.
Elections for Senators and Representatives. Returns
and qualifications of its own members.
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Which day shall be the same throughout the United
States...................................................................................
The electors shall meet in their respective States
and vote by ballot for President and Vice-Presi
dent, one of whom, at least, shall not be an in
habitant of the same Statewith themselves...........
- 2
e '^0U'''
House shall be judge of the.........................................
Electors for members of the House of Representatives.
Qualifications o f...............................................................
Electors for members of the Senate, qualifications of.
The seventeenth amendment......................................
Electors for President and Vice-President. 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 Representa
tives to which the State may be entitled in the
Congress..............................................................................
Electors. But no Senator or Representative, or person
holding an office of trust or profit under the United
States shall be appointed an elector.........................
Congress may determine the time of choosing the
electors and the day on which they shall give
their votes..........................................................................
435
Officers
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Federal Reserve
Bank of St. Louis
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INDEX TO THE CONSTITUTION OF THE UNITED STATES.
Art. Admt. Sec. Cl. Page
Electors shall name, in their ballots, the person voted for
as President; and in distinct ballots the person
voted for as Vice-President.......................................... - 12
They shall make distinct lists of the persons voted
for as President and of persons voted for as VicePresident, which they shall sign and certify, and
transmit sealed to the seat of government, directed
to the President of the Senate.................................. - 12
No person having taken an oath as a legislative,
executive, or judicial officer of the United States,
or of any State, and afterwards engaged in insur
rection or rebellion against the United States,
shall be an elector.........................................
But Congress may, by a vote of two-thirds of each
House, remove such disability.....................................
Emancipation of any slave shall be held to be illegal and
void. Claims for the loss or............................................
Emit bills of credit. No State shall................................
Emolument of any kind from any king, prince, or foreign
State, without the consent of Congress. No per
son holding any office under the United States
shall accept any.........................................................
Enemies. Treason shall consist in levying war against
the United States, in adhering to, or giving aid
and comfort to their...........................................
Engagements contracted before the adoption of this Con
stitution shall be valid. All debts and....................
Enumeration of the inhabitants shall be made within
three years after the first meeting of Congress, and
within every subsecpient term of ten years there
after.........................................................................................
Enumeration. Ratio of representation not to exceed one
for every 30,000 until the first enumeration shall
be made.................................................................................
In the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by
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the people. The. [See sixteenth amendment,
page 397]...............................................................................
- 9 Equal protection of the laws. No State shall deny to
any person within its jurisdiction the...................
-1 4
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INDEX TO TH E CONSTITUTION OF TH E UNITED STATES.
Art. Amdt. Sec. Cl. Page.
Equal suffrage in the Senate. No State shall be de
prived without its consent of its............... ................
5
Establishment of this Constitution between the States
ratifying the same. The ratification of nine
States shall be sufficient for th e................................. 7
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments
inflicted............................................................................... Excises. Congress shall have power to lay and collect
taxes, duties, imposts, and..........................................
1
Shall be uniform throughout the United States. All
duties, imposts, and........................................................ 1
Exclusive legislation, in all cases, over such district as
may become the seat of government. Congress
shall exercise.....................................................................
1
Exclusive legislation over all places purchased for the
erection of forts, magazines, arsenals, dockyards,
and other needful buildings. Congress shall
• exercise................................................................................
Executive o f a State. The United States shall protect
each State against invasion and domestic violence
on the application of the legislature or the............
Executive and judicial officers of the United States and of
the several States shall be bound by an oath to
support the Constitution...............................................
Executive Departments. On subjects relating to their
duties the President may require the written
opinions of the principal officers in each of the. .
Congress may by law vest the appointment of in
ferior officers in the heads of........................................
Executive power shall be vested in a President of the
United States of America. T h e................................
Expel a member. Each House, with the concurrence of
two-thirds, m ay................................................................
Expenditures of public money shall be published from
time to time. A regular statement of the receipts
and........................................................................................
Exportations from any State. No tax or duty shall be
laid on.................................................................................
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INDEX TO TH E CONSTITUTION OF T H E UNITED STATES.
Art. Arndt. Sec. Cl. Pace.
Exports or imports, except upon certain conditions. No
State shall, without the consent of Congress, lay
any duties on....................................................................
1 ~ 10 2
Laid by any State shall be for the use of the Treas
ury. The net produce of all duties on.................
1 - 10 2
Shall be subject to the revision and control of Con
gress. All laws of the States laying duties o n ...
1 - 10 2
Ex post facto law shall be passed. No bill of attainder or
1 - 9 3
E x post facto law, or law impairing the obligation of con
tracts. No State shall pass any bill of attainder.. 1 - 10 1
Extraordinary occasions. The President may convene
both Houses or either of them.................................... 2 - 3 -
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379
379
378
379
382
F.
Art. Amdt. Sec. Cl. Page.
Faith and credit in each State shall be given to the acts,
records, and judicial proceedings of another
State. Full.......................................................................
Felomj, and breach of the peace. Members of Congress
shall not be privileged from arrest for treason___
Felonies committed on the high seas. Congress shall
have power to define and punish piracies a n d .. .
Fines. Excessive fines shall not be imposed...................
Foreign coin. Congress shall have power to coin money,
fix the standard of weights and measures, and to
regulate the value of......................................................
Foreign nations among the States and with the Indian
tribes. Congress shall have power to regulate
commerce with.................................................................
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Foreign power. No State shall, without the consent of
Congress, enter into any compact or agreement
with any......................................... .
............................
Forfeiture except during the life of the person attainted.
Attainder of treason shall not work..........................
Formation of new States. Provisions relating to the. . .
Form of government. 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 application of the legis
lature or of the executive (when the legislature
can not be convened) against domestic violence..
Forts, magazines, arsenals, dockyards, and other needful
buildings. Congress shall exercise exclusive au
thority over all places purchased for the erection
of...........................................................................................
Freedom of speech or the press. Congress shall make no
law abridging the............................................................
Free State, the right of the people to keep and bear arms
shall not be infringed. A well-regulated militia
being necessary to the security of a .......................
Fugitives from crime found in another State shall, on
demand, be delivered up to the authorities of the
State from which they may flee................................
Fugitives from service or labor in one State, escaping into
another State, shall be delivered up to the party
to whom such service or labor may be due...........
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G.
Art. Amdt. Soc. Cl. Pa*e.
General welfare and secure the blessings of liberty, etc.
To promote the. [ Preamble].....................................
Congress shall have power to provide for the com
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mon defense and.......................- ...................................
1 - 8 1
Georgia shall be entitled to three Representatives in the
First Congress.................................................................... 1
- 2 3
Gold and silver coin a tender in payment of debts. No
State shall make anything b u t...................................
1
- 10 1
Good behavior. The judges of the Supreme and inferior
courts shall hold their offices during........................ 3 1 Government. The United States shall guarantee to
every State in this Union a republican form o f . . 4 4 And shall protect each of them against invasion; and
on application of the legislature or of the execu
tive (when the legislature can not be convened)
against domestic violence............................................. 4
- 4 Grand jury. No person shall be held to answer for a
capital or otherwise infamous crime, unless on the
- presentment of a .............................................................. - 5
Except in cases arising in the land and naval
- forces, and in the militia when in actual service.. - 5
Guarantee to every State in this Union a republican form
of government. The United States shall..............
Guarantee. And shall protect each of them against in
vasion, and on application of the legislature or of
the executive (when the legislature can not be
convened) against domestic violence.......................
440
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H.
Art. Amdt. Sec.Cl. Page.
Habeas corpus shall not be suspended unless in cases of
rebellion or invasion. The writ of........................... 1
Heads of Departments. Congress may by law vest the
appointment of inferior officers in the..................... 2
On any subject relating to their duties, the Presi
dent may require the written opinion of the
principal officers in each of the Executive De
partments ........................................................................... 2
High crimes and misdemeanors. The President, VicePresident, and all civil officers shall be removed
on impeachment for and conviction of treason,
bribery, or other............................................................... 2
House o f Representatives. Congress shall consist of a
Senate and......................................................................... 1
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Shall have the sole power of impeachment................
Shall be the judge of the elections, returns, and
qualifications of its own members................
A majority shall constitute a quorum to do business.
Less than a majority may adjourn from day to day,
and compel the attendance of absent members..
May determine its own rules of proceedings..............
May Dunish its members for disorderly behavior,
and, with a concurrence of two-thirds, expel a
member...............................................................................
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Shall k e e p a journal of its p ro ce e d in g s............................
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Shall not adjourn for more than three days dur
ing the session of Congress without the consent
of the Senate.....................................................................
1
5
Shall be composed of members chosen every second
year................
Qualifications of electors for members of the.............
No person shall be a member who shall not have
attained the age of twenty-five years, and been
seven years a citizen of the United States.............
The executives of the several States shall issue writs
of election to fill vacancies in the.............................
Shall choose their Speaker and other officers............
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442
IN D E X TO T H E
C O N S T IT U T IO N
OF T H E
U N IT E D
STATES.
Art. Amdt. Sec. Cl. Pace.
Home o f Representatives. For any speech or debate in
either House, members shall not be questioned
in any other p lace..........................................................
No person holding any office under the United
States shall, while holding such office, be a mem
ber of the............................................................................
No member shall, during the time for which he was
elected, be appointed to an office which shall have
been created or the emoluments increased during
his membership................................................................
All bills for raising revenue shall originate in t h e ..
The votes for President and Vice-President shall be
counted in the presence of the Senate and............
If no person have a majority of electoral votes, then
from the three highest on the list the House of
Representatives shall immediately, by ballot,
choose a President...........................................................
They shall vote by States, each State counting one
vote.......................................................................................
A quorum shall consist of a member or members
from two-thirds of the States, and a majority of all
the States shall be necessary to the choice of a
President............................................................................
No person having as a legislative, executive, or judi
cial officer of the United States, or of any State,
taken an oath to support the Constitution, and
afterwards engaged in insurrection or rebellion
against the United States, shall be a member of
the.........................................................................................
But Congress may, by a vote of two-thirds of each
House, remove such disability....................................
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Imminent danger as will not admit of delay. No State
shall, without the consent of Congress, engage in
war, unless actually invaded or in such...............
Immunities. Members of Congress shall, in all cases
except treason, felony, and breach of the peace,
be privileged from arrest during their attendance
at the session of their respective Houses, and in
going to and returning from the same......................
Immunities. No soldier shall be quartered in any house
without the consent of the owner in time of peace.
No person shall be twice put in jeopardy of life or
Art. Amdt. Sec. Cl. Page.
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cases of..............................................................................
3 Impeachment for and conviction of treason, bribery, and
other high Crimes and misdemeanors. The Presi
dent, Vice-President, and all civil officers shall
be removed upon............................................................
2 Impeachments. The Senate shall have sole power to
try all......................................................... ......................... 1 The Senate shall be on oath or affirmation when
sitting for the trial of.....................................................
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limb for the same offense.............................................
All persons born or naturalized in the United States,
a"nd subject to the jurisdiction thereof, are citi
zens of the United States and of the State in
which they reside...........................................................
No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens
of the United States. .N
...................................................
Nor shall any State deprive any person of life, lib
erty, or property withoutdue process of law-----Nor deny to any'person within its jurisdiction the
equal protection of the laws.......... ............................
Impeachment. The President may grant reprieves and
pardons except in cases of...........................................
The House of Representatives shall have the sole
power of..............................................................................
The trial of all crimes shall be by jury, except in
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444
INDEX TO TH E CONSTITUTION OF T H E UNITED STATES.
Art. Amdt. Sec. Cl. Page.
Impeachments. When the President of the United States
is tried the Chief Justice shall preside...................
No person shall be convicted without the concur
rence of two-thirds of the members present...........
Judgment shall not extend beyond removal from
office and disqualification to hold office.................
But the party convicted shall be liable to indict
ment and punishment according to law.................
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Importation of slaves prior to 1808 shall not be pro
hibited by the Congress................................................
But a tax or duty of ten dollars for each person may
be imposed on such........................................................
Imports or exports except what may be absolutely neces
sary for executing its inspection laws. No State
shall, without the consent of Congress, lay any
imposts or duties on.......................................................
Imports or exports laid by any State shall be for the use
of the Treasury. The net produce of all duties on
Imports or exports shall be subject to the revision and
control of Congress. All laws of States laying
duties on.............................................................................
Imposts and excises. Congress shall have power to lay
and collect taxes, duties...............................
Shall be uniform throughout the United States.
1 - 8 1
376
All
taxes, duties......................................................................
1 Inability of the President, the powers and duties of his
office shall devolve on the Vice-President. In
case of the death, resignation, or.............................. 2 Inability of the President or Vice-President. Congress
may provide by law for the case of the removal,
death, resignation, or...................................................... 2 Incomes, the Congress shall have power to lay and collect
taxes on. The sixteenth amendment.....................
- 16
Indian tribes. Congress shall have power to regulate
commerce with the...................................................
Indictment or presentment of a grand jury. No person
shall be held to answer for a capital or infamous
1
crime unless on.......................... .....................................
Except in cases arising in the land or naval forces or
in the militia when in actual service....................... -
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INDEX TO TH E CONSTITUTION OF TH E UNITED STATES.
445
Art. Amdt. Sec.Cl. Page.
Indictment, trial, judgment, and punishment, according
to law. The party convicted in case of impeach
ment shall nevertheless be liable and subject to. 1
Infamous crime unless on presentment or indictment of a
grand jury. No person shall be held to answer for
a capital or........................................................................ Inferior courts. Congress shall have power to constitute
tribunals inferior to the Supreme Court.................
1
Inferior courts as Congress may establish. The judicial
power of the United States shall be vested in one
Supreme Court and such............................................... 3
The judges of both the Supreme and inferior courts
shall hold their offices during good behavior......... 3
Their compensation shall not be diminished during
their continuance in office...........................................
3
Inferior officers in the courts of law, in the President
alone, or in the heads of Departments. Congress,
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if they think proper, may by law vest the ap
pointment of...................................................................... 2 Inhabitant o f the State for which he shall be chosen. No
person shall be a Senator who shall not have at
tained the age of thirty years, been nine years a
citizen of the United States, and who shall not,
when elected, be an.......................................................
1
Insurrection or rebellion against the United States. No
person shall be a Senator or Representative in
Congress, or Presidential elector, or hold any
office, civil or military, under the United States,
or any State, who, having taken an oath as a legis
lative, executive, or judicial officer of the United
States, or of a State, afterwards engaged in ........... - 14
But Congress may, by a vote of two-thirds of each
House, remove such disabilities— ......................... - 14
Debts declared illegal and void which were con
tracted in aid of................................................................ - 14
Insurrections and repel invasions. Congress shall pro
vide for calling forth the militia to suppress......... 1 Invasion. No State shall, without the consent of Con
gress, engage in war unless actually invaded, or in
such imminent danger as will not admit of delay.. 1 The writ of habeas corpus shall not be suspended
unless in case of rebellion or.......................................
1 -
3 7
446
INDEX TO TH E CONSTITUTION OF TH E UNITED STATES.
Art. Arndt. Sec. Cl. Page.
Invasion and domestic violence. The United States
shall protect each State against..................................
Invasions. Congress shall provide for calling forth the
militia to suppress insurrections and repel............
Inventors and authors in their inventions and writings.
4
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377
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Congress may pass laws to secure for limited times
exclusive rights to...........................................................
Involuntary servitude, except as a punishment for crime,
abolished in the United States. Slavery and-----
8
1 -
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J.
Art. Amdt. Sec. Cl. Page.
Jeopardy of life or limb for the same offense. No person
shall be twice put in ...................................................... Journal of its proceedings. Each House shall keep a . . 1
Judges in every State shall be bound by the Constitu
tion, the laws made in pursuance thereof, and
treaties of the United States, which shall be the
supreme law of the land................................................ 6
Judges of the Supreme and inferior courts shall hold their
offices during good behavior........................................ 3
Their compensation shall not be diminished during
their continuance in office............................................ 3
Jiulgment in cases of impeachment shall not extend fur
ther than to removal from office and disqualifica
tion to hold any office of honor, trust, or profit
under the United States...........................................
1
But the party convicted shall nevertheless be liable
and subject to indictment, trial, judgment, and
punishment according to law...................................... 1
Judicial power of the United States. Congress shall have
power to constitute tribunals inferior to the Su
preme Court....................................................................... 1
The judicial power of the United States shall be
vested in one Supreme Court, and in such inferior
courts as Congress may from time to time ordain
and establish..................................................................... 3
The judges of the Supreme and inferior courts shall
hold their offices during good behavior................. 3
Their compensation shall not be diminished during
their continuance in office...........................................
3
It shall extend to all cases in law and equity arising
under the Constitution, laws, and treaties of the
United States.................................................................... 3
To all cases affecting ambassadors, other public min
isters and consuls............................................................ 3
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...........
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447
IN D E X
TO T H E
C O N S T IT U T IO N
OF T H E
U N IT E D
STATES.
Art. Amdt. Sec. Cl. Pace.
Judicial power o f the United States. To controversies
between a State and citizens of another State___
To controversies between citizens of different
States............................ ' .....................................................
To citizens of the same State claiming lands under
grants of different States...............................................
To controversies between a State or its citizens and
foreign states, citizens, or subjects..........................
In all cases affecting ambassadors, other public min
isters and consuls, and those in which a State shall
be a party, the Supreme Court shall have original
jurisdiction.........................................................................
In all other cases before mentioned it shall have
appellate jurisdiction, both as to law and fact,
with such exceptions and under such regulations
as Congress shall make...................................................
The trial of all crimes, except in cases of impeach
ment, shall be by jury...................................................
The trial shall be held in the State where the crimes
shall have been committed..........................................
But when not committed in a State, the trial shall
be at such place or places as Congress may by law
have directed.....................................................................
The judicial power of the United States shall not be
held to extend to any suit in law or equity com
menced or prosecuted against one of the United
Statds by citizens of another State, or by citizens
or subjects of any foreign state...................................
Judicial proceedings of every other State. Full faith and
credit shall be given in each State to the acts, rec
ords, and.............................................................................
Congress shall prescribe the manner of proving such
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acts, records, and proceedings....................................
Judicial and executive officers of the United States and
of the several States shall be bound by an oath to
4
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support the Constitution...............................................
Judiciary. The Supreme Court shall have original juris
diction in all cases affecting ambassadors, other
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384
public ministers, and consuls, and those in which
a State may be a party.................................................
I
IN D E X
TO T H E
C O N S T IT U T IO N
OF T H E
U N IT E D
449
STATES.
Art. Amdt. Sec. Cl. Page.
Judiciary. The Supreme Court shall have appellate
jurisdiction both as to law and fact, with such ex
ceptions and regulations as Congress may make. .
Junction of two or more States or parts of States without
the consent of the legislatures and of Congress.
No State shall be formed by the................................
Jurisdiction of another State. No new State shall be
formed or erected within the......................................
Jurisdiction, both as to law and fact, with such excep
tions and under such regulations as Congress may
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make. The Supreme Court shall have appellate.
Jurisdiction. In all cases affecting ambassadors, and
other public ministers and consuls, and in cases
where a State is a party, the Supreme Court shall
have original.....................................................................
The trial of all crimes, except in cases of im
peachment, shall be b y .................................................
In all criminal prosecutions the accused shall have
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Jury.
a speedy and public trial b y . , ..................................
All suits at common law, where the value exceeds
twenty dollars, shall be tried by...............................
Where a fact has been tried by a jury it shall not be
reexamined except by the rules of the common
law........................................................................................
Just compensation. Private property shall not be taken
for public use without...................................................
Justice, insure domestic tranquility, etc. To establish.
[Preamble].........................................................................
f
Art. Arndt. Sec. Cl. Pace.
Labor, in one State, escaping into another State, shall he
delivered up to the party to whom such service or
labor may be due. Fugitives from service or----Land and naval forces. Congress shall make rules for
the government and regulation of the......................
Law and fact, with exceptions and under regulations to
be made by Congress. The Supreme Court shall
have appellate jurisdiction as to................................
Law of the land. The Constitution, the laws made in
pursuance thereof, and treaties of the United
States shall be the supreme.........................................
The judges in every State shall be bound thereby..
Law of nations. Congress shall provide for punishing
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offenses against the.........................................................
Congress shall have power to provide for calling
forth the militia to suppress insurrection, repel
invasions, and to execute the.....................................
Laws and treaties of the United States. The judicial
power shall extend to all cases in law and equity
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arising under the Constitution or the.......................
Laws necessary to carry into execution the powers vested
in the Government, or in any department or officer
of the United States. Congress shall have power
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Laws.
to make all.........................................................................
Legal tender in payment of debts. No State shall make
anything but gold and silver coin a.........................
Legislation in all cases over such district as may become
the seat of government. Congress shall have
power to exercise exclusive.........................................
Over all places purchased by consent of the legisla
tures in the different States for the erection of
forts, magazines, arsenals, dockyards, and other
needful buildings. Congress shall have power to
exercise exclusive...........................................................
Legislation. Congress shall have power to make all laws
necessary and proper for carrying into execution
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all the powers vested by the Constitution in the
Government of the United States, or in any de
partment or officer thereof...........................................
450
Art. Amdt. Sec. Cl. Page.
Legislation. Congress shall have power to enforce the
thirteenth amendment by appropriate.......... ........
Congress shall have power to enforce the four
teenth amendment by appropriate...........................
Congress shall have power to enforce the fifteenth
amendment by appropriate.........................................
Legislative powers herein granted shall be vested in a
Congress. A ll...................................................................
Legislature or the executive (when the legislature can not
be convened). The United States shall protect
each State against invasion; and against domestic
violence on the application of the............................
Legislatures of two-thirds of the States, Congress shall
call a convention for proposing amendments to the
Constitution. On the application of the...............
Letters of marque and reprisal. Congress shall have
power to grant...................................................................
No State shall grant............................................................
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Ijiberty to ourselves and our posterity, etc. To secure
the blessings of. [Preamble]......................................
Life, liberty, and property without due process of law.
No person shall be compelled in any criminal case
to be a witness against himself, nor be deprived of.
No State shall abridge the privileges or immunities
of citizens of the United States, nor deprive any
person o f.............................................................................
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Life or limb for the same offense. No person shall be
twice put in jeopardy of...............................................
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Liquors, Prohibiting the manufacture and sale of in
toxicating..........................................................................
Loss or emancipation of any slave shall be held illegal
and void. Claims for the............................................
http://fraser.stlouisfed.org/
Federal IReserve Bank of St. Louis
M.
Art. Amdt. Sec. Cl. Pace.
Magazines, arsenals, dockyards, and other needful
buildings. Congress shall have exclusive author
ity over all places purchased for theerection of . .
Majority of each House shall constitute a quorum to do
business. A ......................................................................
But a smaller number may adjourn from day to day
and may be authorized to compel the attendance
of absent members....................................................
1
Majority of all the States shall benecessary to a choice.
When the choice of a President shall devolve on the
House of Representatives, a quorum shall consist
of a member or members from two-thirds of the
States; but a ...............................................................
Majority. When the choice of a Vice-President shall
devolve on the Senate, a quorum shall consist of
two-thirds of the whole number of Senators, and a
majority of the whole number shall be necessary
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to a choice.........................................................................
Maritime jurisdiction. The judicial power shall extend
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to all cases of admiralty and........................................
Marque and reprisal. Congress shall have power to grant
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letters o f..............................................................................
No State shall grant any letters of.................................
Maryland entitled to six Representatives in the First
Congress...............................................................................
Massachusetts entitled to eight Representatives in the
First Congress....................................................................
Measures. Congress shall fix the standard of weights
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and........................................................................................
Meeting o f Congress. 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 law appoint a different day.................. 1 -
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Members of Congress and of State legislatures shall be
bound by oath or affirmation to support the Con
stitution...............................................................................
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INDEX TO TH E CONSTITUTION OF T H E UNITED STATES.
453
Art. Amdt. Sec. Cl. Page.
Militia to execute the laws, suppress insurrections,
and repel invasions. Congress shall provide for
calling forth th e ...............................................................
Congress shall provide for organizing, arming, and
disciplining the................................................................
Congress shall provide for governing such part of
them as may be employed by the United States..
Reserving to the States the appointment of the
officers and the right to train the militia according
to the discipline prescribed by Congress.................
A well-regulated militia being necessary to the secu
rity of a free State, the right of the people to keep
and bear arms shall not be infringed........................
Misdemeanors. The President, Vice-President, and all
civil officers shall be removed on impeachment
for and conviction of treason, bribery, or other
high crimes and................................................................
Money on the credit of the United States. Congress shall
have power to borrow.....................................................
Regulate the value thereof and of foreign coin.
Congress shall have power to coin.............................
Shall be drawn from the Treasury but in conse
quence of appropriations made by law. N o.........
Money. Shall be published from time to time. A regu
lar statement and account of receipts and ex
penditures of public.......................................................
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For raising and supporting armies. No appropria
tion of money shall be for a longer term than two
years.....................................................................................
N.
Nations.
Art. Amdt. Sco. Cl. Pace.
Congress shall have power to regulate com
merce with foreign..........................................................
Cong-ess shall provide for punishing offenses
against the law o f.............................................................
Natural-bom citizen, or a citizen at the adoption of the
Constitution, shall be eligible to the office of
President. No person except a .................................
Naturalization. Congress shall have power to establish
a uniform rule of..............................................................
Naturalized in the United States, and subject to their
jurisdiction, shall be citizens of the United States
and of the State in which they reside. All per
sons bom or........................................................................
Naval forces. Congress shall make rules and regula
tions for the government and regulation of the
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land and..............................................................................
Congress shall have power to provide and main
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tain a ..................................... ..............................................
New Hampshire entitled to three Representatives in the
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First Congress....................................................................
New Jersey entitled to four Representatives in the First
Congress...............................................................................
' New States may be admitted by Congress into this
Union...................................................................................
But no new State shall be formed within the juris
diction of another State.................................................
Nor shall any State be formed by the junction of
two or more States, or parts of States, without the
consent of the legislatures and of Congress.............
New York entitled to six Representatives in the First
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Navy.
Congress...............................................................................
Nobility shall be granted by the United States. No
title of..................................................................................
No State shall grant any title o f.....................................
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C O N S T IT U T IO N
OF T IIE
U N IT E D
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STATES.
A rt. A m d t. Sec. C l. Page.
Nominations for office by the President. The President
shall nominate, and, by and with the advice and
consent of the Senate, shall appoint ambassadors
and other public officers...............................................
He may grant commissions to fill vacancies that
happen in the recess of the Senate, which shall
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expire at the end of their next session....................
North Carolina entitled to five Representatives in the
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First Congress....................................................................
Number o f electors for President and Vice-President in
each State shall be equal to the number of Sena
tors and Representatives to which such State may
be entitled in Congress..................................................
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FederalIReserve Bank of St. Louis
o.
Art. Amdt. Sec. Cl. Pace
Oath o f office of the President of the United States.
Form of the........................................................................
No warrants shall be issued but
upon probable cause, supported b y ...........................
Oath or affirmation to support the Constitution.
Sena
tors and Representatives, members of State legis
latures, executive and judicial officers of the
United States and of the several States, shall be
bound b y ............................................................................
But no religious test shall ever be required as a
qualification for office....................................................
The Senators when sitting to try impeachment shall
be on.....................................................................................
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Oath or affirmation.
If he shall not approve it, the President
shall return the bill to the House in which it
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originated with his..........................................................
Obligation o f contracts.
No State shall pass any ex post
facto law, or law impairing the...................................
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Objections.
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Obligations incurred in aid of insurrection or rebellion
against the United States to be held illegal and
void. All debts or..........................................................
Offense.
No person shall be twice put in jeopardy of
life or limb for the same................................................
Congress shall pro
vide for punishing...........................................................
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Offenses against the law of nations.
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Offenses against the United States, except in cases of
impeachment. The President may grant re
prieves or pardons for.....................................................
Office under the United States.
No person shall be a
member of either House while holding any civil.
No Senator or Representative shall be appointed to
anv office under the United States which shall
have been created, or its emoluments increased,
during the term for which he is elected..................
Or title of any kind from any king, prince, or for
eign State, without the consent of Congress. No
person holding any office under the United States
shall accept of any present, emolument..................
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Art. Ajndt. Sec. Cl. Page.
Office, of President, in case of his removal, death, resig
nation, or inability, shall devolve on the VicePresident. The powers and duties of the.............
Office during the term of four years. The President and
Vice-President shall hold.............................................
Of trust or profit under the United States shall be
an elector for President and Vice-President. No
person holding an............................................................
Office, civil or military under the United States, or any
State, who had taken an oath as a legislative, ex
ecutive, or judicial officer of the United States,
or of any State, and afterwards engaged in insur
rection or rebellion. No person shall be a Senator,
Representative, or Presidential elector, or hold
any........................................................................................
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Officers in the President alone, in the courts of law, or in
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i ,b’t OHicors _ j Gen' 1 lndex
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the heads of Departments. Congress may vest
the appointment of inferior.........................................
Officers of the United States shall be removed on im
peachment for and conviction of treason, bribery,
or other high crimes and misdemeanors. The
President, Vice-President, and all civil..................
Officers. The House of Representatives shall choose
their Speaker and other.................................................
The Senate, in the absence of the Vice-President,
shall choose a President pro tempore, and also
their other..........................................................................
Offices becoming vacant in the recess of the Senate may
be filled by the President, the commissions to
expire at the end of the next session.......................
One-fifth of the members present, be entered on the jour
nal of each House. The yeas and nays shall, at
the desire of.......................................................................
O p in ion of the principal officers in each of the Executive
Departments on any subject relating to their
duties. The President may require the written .
Order, resolution, or vote (except on a question of ad
journment), requiring the concurrence of the two
Houses, shall be presented to the President.
Every................
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IN D E X TO T H E
*
C O N S T IT U T IO N
OF T H E
U N IT E D
•
Original jurisdiction in all cases affecting ambassadors,
other public ministers and consuls, and in which
a State may be a part}-. The Supreme Court
shall have...........................................................................
Overt act, or on confession in open court. Conviction of
treason shall be on the testimony of two witnesses
to the....................................................................................
STATES.
Art. Amdt. Sec. Cl. Pace.
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p.
Art. Arndt. Sec. Cl.
Pardons, except in cases of impeachment.
The Presi
dent may grant reprieves and....................................
Patent rights to inventors. Congress may pass laws for
securing...............................................................................
Peace. Members of Congress shall not be privileged from
arrest for treason, felony, and breach of the........
No State shall, without the consent of Congress, keep
troops or ships of war in time of.................................
No soldier shall be quartered in any house without
the consent of the owner in time of..........................
Pensions and bounties, shall not be questioned. The
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validity of the public debt incurred in suppress
ing insurrection and rebellion against the United
States, including the debt for.....................................
P ennsylvania entitled to eight Representatives in the
first Congress.....................................................................
P eop le peaceably to assemble and petition for redress of
grievances shall not be abridged by Congress.
The right of the...............................................................
To keep and bear arms shall not be infringed. A
well-regulated militia being necessary to the
security of a free State, the right of the..................
To be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures
shall not be violated. The right of the..................
The enumeration of certain rights in the Constitu
tion shall not be held to deny or disparage others
retained by the................................................................
Powers not delegated to the United States, nor pro
hibited to the States, are reserved to the States or
to the...................................................................................
Perfect U nion, etc. To establish a more. [Preamble]..
Persons, houses, papers, and effects against unreason
able searches and seizures. The people shall
be secure in their............................................................
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Oliicsis
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INDEX TO TH E CONSTITUTION OE T H E UNITED STATES.
Lrt. Amdt. Sec. Cl. Pace.
Persons as any State may think proper to admit, shall
not be prohibited prior to 1808. The migration
or importation of such...................................................
But a tax or duty of ten dollars shall be imposed on
the importation of each of such..................................
Petition for the redress of grievances. Congress shall
make no law abridging the right of the people
peaceably to assemble and to......................................
Piracies and felonies committed on the high seas. Con
gress shall define and punish......................................
Place than that in which the two Houses shall be sitting.
Neither House during the session shall, without
the consent of the other, adjourn for more than
three days, nor to any other........................................
Places of choosing Senators. Congress may by law make
or alter regulations for the election of Senators
and Representatives, except as to the.....................
Ports of one State over those of another. Preference
shall not be given by any regulation of commerce
or revenue to the.............................................................
Ports. Vessels clearing from the ports of one State
shall not pay duties in another..................................
Post-offices and post-roads. Congress shall establish.. . .
Powers herein granted shall be vested in Congress. All
legislative...........................................................................
Powers vested by the Constitution in the Government
or in any Department or officer of the United
States. Congress shall make all laws necessary to
carry into execution the...............................................
Powers and duties of the office shall devolve on the
Vice-President on the removal, death, resigna
tion, or inability of the President. The................
Powers not delegated to the United States nor prohib
ited to the States are reserved to the States and
to the people.....................................................................
The enumeration of certain rights in tliis Constitu
tion shall not be held to deny or disparage others
retained by the people..................................................
Preference, by any regulation of commerce or revenue,
shall not be given to the ports of one State over
those of another...............................................................
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INDEX TO T H E CONSTITUTION OF T H E UNITED STATES.
461
Art. Amdt. Soc.Cl. Page.
Prejudice any claims of the United States or of any par
ticular State respecting the territory or property
of the United States. Nothing in this Constitu
tion shall.............................................................................
Present, emolument, office, or title of any kind what
ever from any king, prince, or foreign State. No
person holding any office under the United States
shall, without the consent of Congress, accept any.
Presentment or indictment of a grand jury, except in
cases arising in the land or naval forces or in the
militia when in actual service. No person shall
be held to answer for a capital or otherwise infa
mous crime unless on a ............. ...................................
President o f the United States. No person except a nat
ural-born citizen or a citizen of the United States
at the adoption of the Constitution shall be eli
gible to the office of........................................................
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No person who shall not have attained the age of
thirty-five years and been fourteen years a citizen
of the United States shall be eligible to the office
2
of...........................................................................................
The Senate shall choose a President pro tempore
when the Vice-President shall exercise the office
of...........................................................................................
1
The Chief Justice shall preside upon the trial of the. 1
Shall approve and sign all bills passed by Congress
before they shall become laws...................................
1
Shall return to the House in which it originated,
with liis objections, any bill which he shall not
1
appro/e...............................................................................
If not returned within ten days (Sundays excepted)
it shall become a law, unless Congress shall ad
1
journ before the expiration of that time.................
Every order, resolution, or vote which requires the
concurrence of both houses, except on a question
of adjournment, shall be presented to th e ............. 1
If disapproved by him shall be returned and pro
ceeded on as in the case of a b ill..............................
1
The executive power shall be vested in a .................. 2 - 1
He shall hold his office during the term of four years. 2 - 1
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462
INDEX TO TH E CONSTITUTION OF TH E UNITED STATES.
Art. Amdt. Sec. Cl. Page.
President o f the United States. In case of the removal of
the President from office, or of his death, resigna
tion, or inability to discharge the duties of his
office, the Vice-President shall perform the duties
of...........................................................................................
Congress may declare, by law, in the case of the re
moval, death, resignation, or inability of the
President, what officer shall act as............................
The President shall receive a compensation which
shall not be increased nor diminished during his
term, nor shall he receive any other emolument
from the United States..................................................
Before he enters upon the execution of his office he
shall take an oath of office...........................................
Shall be Commander in Chief of the Army and
Navy, and of the militia of the States when
called into actual service..............................................
He may require the opinion, in writing, of the prin
cipal officer in each of the Executive Depart
ments ...................................................................................
He may grant reprieves or pardons for offenses, ex
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cept in cases of impeachment.....................................
He may make treaties, by and with the advice and
consent of the Senate, two-thirds of the Senators
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present concurring..'.....................................................
He may appoint, by and with the advice and con
sent of the Senate, ambassadors, other public
ministers and consuls, judges of the Supreme
Court, and all other officers whose appointments
may be authorized by law and not herein pro
vided for.............................................................................
Congress may vest the appointment of inferior offi
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cers in t h e .........................................................................
He may fill up all vacancies that may happen in the
recess of the Senate by commissions which shall
expire at the end of their next session....................
He shall give information to Congress of the state of
the Union, and recommend measures......................
On extraordinary occasions he may convene both
Houses or either House of Congress...........................
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INDEX TO TH E CONSTITUTION OF TH E UNITED STATES.
Art. Amdt. Sec. Cl. Page.
In case of disagreement
between the two Houses as to the time of adjourn
ment, he may adjourn them to such time as he
may think proper...........................................................
He shall receive ambassadors and other public min
isters.....................................................................................
He shall take care that the laws be faithfully ex
ecuted..................................................................................
He shall commission all the officers of the United
States ..................................................................................
Shall be removed from office on impeachment for,
and conviction of, treason, bribery, or other high
crimes and misdemeanors.............................................
President and Vice-President.
In choosing the Presi
dent, the votes shall be taken by States, the repre
sentation from each State having one v ote.............
P resident o f the U nited States.
A quorum for this purpose Bhall 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.......................................................................... ..
But if no choice shall be made before the 4th of
March next following, then the Vice-President
shall act as President, as in the case of the death
or disability of the President......................................
President and Vice-President. M anner o f choosing . Each
State, by its legislature, shall appoint a number
of electors equal to the whole number of Senators
and Representatives to which the State may be
entitled in the Congress...............................................
No Senator or Representative or person holding an
office of trust or profit under the United States
shall be an elector...........................................................
Congress may determine the time of choosing the
electors and the day on which they shall give
their votes, which day shall be the same through
out the United States....................................................
The electors shall meet in their respective States
and vote by ballot for President and Vice-Presi
dent, one of whom, at least, shall not be an inhabi
tant of the same State with themselves..................
6 9 4 5 4 °— S. D oc. 349, 6 7 - 4 ------ 30
2
-
3 -
382
2
-
3 -
383
2
-
3 -
383
2
-
3 -
383
2
-
4 -
383
-
12
-
-
392
- 12
-
-
392
-
12
-
-
392
2
-
1 2
379
2
-
1 2
379
2
-
1 3
381
-
12
-
391
-
\
464
INDEX TO TH E CONSTITUTION OF THE UNITED STATES.
Art. Amdt. Sec.Cl. Page.
President and Vice-President. Manner of choosing. They
shall name in distinct ballots the person voted
for as President and the person voted for as VicePresident............................................................................
They shall make distinct lists of the persons voted
for as President and as Vice-President, which they
shall sign and certify and transmit sealed to the
President of the Senateat the seat of government.
- 12
-
-
-
392
12- -
392
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.................. ............................................................. - 12
- The person having the greatest number of votes shall
be the President, if such number be a majority of
the wholenumber of electors appointed.................. - 12
- If no person have such majority, then from the per
sons having the highest numbers, not exceeding
three, on the list of those voted for as President,,
the House of Representatives shall choose imme
diately, by ballot, the President............................... - 12 - President o f the Senate, but shall have no vote unless the
Senate be equally divided. The Vice-President
shall b e................................................................................ 1 - 3 4
President pro tempore. In the absence of the VicePresident the Senate shall choose a ..........................
When the Vice-President shall exercise the office of
1
-
President of the United States, the Senate shall
choose a...............................................................................
1 Press. Congress shall pass no law abridging the freedom
of speech or of the............................................................ 1
Previous condition of servitude. The right of cit izens 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......................................... - 15
Private property shall not be taken for public use without
just compensation............................................................ 5
Privilege. Senators and Representatives shall, in all
cases except treason, felony, and breach of the
peace, be privileged from arrest during their at
tendance at the session of their respective Houses,
and in going to and returning from the same........ 1 - 6
392
392
392
372
3
5
372
3
5
372
-
-
389
1
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395
-
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390
1
374
IN D E X TO T H E
C O N S T IT U T IO N
OF T IIE
U N IT E D
Privilege. They shall not be questioned for any speech
or debate in either House in any other place___
Privileges and immunities of citizens of the United States.
All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are
citizens of the United States and of the State in
which they reside............................................................
No State shall make or enforce any law which shall
abridge th e.........................................................................
No State shall 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 its laws........... ..............................
The citizens of each State shall be entitled to all
the privileges and immunities of the citizens of
the several States............................................................
No soldier shall be quartered in any house without
the consent of the owner in time of peace..............
No person shall be twice put in jeopardy of life or
limb for the same offense.............................................
Prizes captured on land or water. Congress shall make
rules concerning...............................................................
Probable cause. 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 warrant shall issue for such but
upon.....................................................................................
Process of law. No person shall be compelled in any
criminal case to be a witness against himself, nor
be deprived of life, liberty, or property without
due........................................................................................
No State shall deprive any person of life, liberty, or
property without due.....................................................
Process for obtaining witnesses in his favor. In all
criminal prosecutions the accused shall have----Progress of science and useful arts. Congress sliall liave
power to promote the.....................................................
Prohibition. Prohibiting manufacture, sale, or trans
portation of intoxicating liquors..............................
I
STATES.
465
466
INDEX TO TH E CONSTITUTION OF TH E UNITED STATES.
Art. Amdt. Sec. Cl. Pace.
Property of the United States. Congress may dispose of
and make all needful rules and regulations
respecting the territory or............................................ 4 Property without due process of law. No person shall
be compelled in any criminal case to be a witness
against himself; nor shall he be deprived of his
life, liberty, or.................................................................. - 5
No State shall abridge the privileges or immunities
of citizens of the United States, nor deprive any
person of his life, liberty, or........................................ - 14
Prosecutions. The accused shall have a speedy and
public trial in all criminal........................................... - 6
He shall be tried by a jury in the State or district
where the crime was committed................................ - 6
He shall be informed of the nature and cause of the
accusation.......................................................................... - 6
He shall be confronted with the witnesses against
- 6
him .......................................................................................
He shall have compulsory process for obtaining
witnesses............................................................................. - 6
3 2
385
-
-
390
1 -
393
- -
390
-
-
390
-
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390
-
-
390
-
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390
He shall have counsel for his defense.................. ! . . .
Protection of the laws. No State shall deny to any per
-
6
- -
390
son within its jurisdiction the equal........................
Public debt of the United States incurred in suppressing
- 14
1 -
393
- 14
4 -
394
1
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3^8
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6
-
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-
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1
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insurrection or rebellion shall not be questioned.
The validity of the.........................................................
Public safety may require it. The writ of habeas corpus
shall not be suspended, unless when in cases of
rebellion or invasion the...............................................
Public trial by jury. In all criminal prosecutions the
accused shall have a speedy and...............................
Public use. Private property shall not be taken for,
without just compensation...........................................
Punishment according to law. Judgment in cases of im
peachment shall not extend further than to
removal from, and disqualification for, office; but
the party convicted shall nevertheless be liable
and subject to indictment, trial, judgment, a n d ..
Punishments inflicted. Excessive bail shall not be re
quired nor excessive lines imposed nor cruel and
unusual................................................................................
8
-
Q.
Qualification for office. No religious test shall ever be
required as a .....................................................................
Qualifications- of electors of members of the Senate shall
be the same as electors for the most numerous
branch of the State legislature. The seventeenth
amendment........................................................................
Qualifications of electors of members of the House of
Representatives shall be the same as electors for
the most numerous branch of the State legisla
ture.......................................................................................
Qualifications of members of the House of Representa
tives. They shall be twenty-five years of age,
seven years a citizen of the United States, and an
inhabitant of the State in which chosen................
Qualifications of Senators. They shall be thirty years of
age, nine years a citizen of the United States, and
an inhabitant of the State in which chosen...........
Of its own members. Each House shall be the
judge of the election, returns, and............................
Art. Arndt. Sec. Cl. Page.
6
-
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3
- 17
1
-
387
395
2
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369
0
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370
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372
1
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5
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373
2
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381
2
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4
381
-
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393
Of the President. No person except a natural-born
citizen, or a citizen of the United States at the
time of the adoption of the Constitution, shall be
eligible to the office of President..............................
Neither shall any person be eligible to the office of
President who shall not have attained the age of
thirty-five years, and been fourteen years a resi
dent within the United States...................................
Of the Vice-President. No person constitutionally
ineligible to the office of President shall be eligible
to that of Vice-President..............................................
Quartered in any house without the consent of the owner
in time of peace. No soldier shall be.....................
- 12
-
3
389
467
man
-M,
Quorum, to do business. A majority of each House shall
constitute a ........................................................................
1 But a smaller number than a quorum may adjourn
from day to day, and may be authorized to com
pel the attendance of absent members....................
1 Of the House of Representatives for choosing a
President 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................
- 12
Quorum to elect a Vice-President by the Senate. Twothirds of the whole number of Senators shall be a. - 12
A majority of the whole number shall be necessary
to a choice.......................................................................... - 12
I
‘ donators by Stai
R.
Race, color, or previous condition of servitude. 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..........................................
Ratification of amendments to the Constitution shall be
by the legislatures of three-fourths of the several
States or by conventions in three-fourths of the
States, accordingly as Congress may propose........
Ratification of the conventions of nine States shall be
sufficient to establish the Constitution between
the States so ratifying the same.................................
Ratio of representation until the first enumeration
under the Constitution shall be made not to
exceed one for every thirty thousand......................
Ratio of representation shall be apportioned among the
several States according to their respective num
bers, counting the whole number of persons in
each State, excluding Indians not taxed...............
Ratio. But when the right to vote for Presidential
electors or members of Congress, or the legislative,
executive, and judicial officers of the State,
except for engaging in rebellion or other crimes,
shall be denied or abridged by a State, the basis of
representation shall be reduced therein in the
proportion of such denial or abridgment of the
right to vote......................................................................
Rebellion against the United States.
Persons who,
while holding certain Federal and State offices,
took an oath to support the Constitution, after
wards engaged in insurrection or rebellion, dis
abled from holding office under the United States.
But Congress may by a vote of two-thirds of each
House remove such disability....................................
Rebellion against the United States. Debts incurred for
pensions and bounties for services in suppressing
the rebellion shall not be questioned.......................
All debts and obligations incurred in aid of the re
bellion, and all claims for the loss or emancipa
tion of slaves, declared and held to be illegal and
void............................................................................ ..........
r
v
470
INDEX TO TH E CONSTITUTION OF TH E UNITED STATES.
Art. Amdt. Sec. Cl. Pace.
Rebellion or invasion. The writ of habeas corpus shall
not be suspended except when the public safety
may require it in cases of.............................................
Receipts and expenditures of all public money shall be
published from time to time. A regular state
ment of................................................................................
Recess o f the Senate. • The President may grant commis
sions, which shall expire at the end of the next
session, to fill vacancies that may happen during
the.........................................................................................
1
- 9 2
378
1 -
9 7
378
2 -
2 3
382
7 2
375
1 -
384
Reconsideration of a bill returned by the President with
his objections. Proceedings to be had upon the 1
Records, and judicial proceedings of every other State.
Full faith and credit shall be given in each State
to the acts........................................................................... 4 Congress shall prescribe the manner of proving such
4 - 1
acts, records, and proceedings....................................
Redress o f grievances. Congress shall make no law
abridging the right of the people peaceably to
1
assemble and to petition for th e................................ . Regulations, except as to the places of choosing Senators.
The time, places, and manner of holding elections
for Senators and Representatives shall be pre
scribed by the legislatures of the States, but Con
gress may at any time by law make or alter such. .
- 3 8 4
-
-
1 - 4 1
Regulations of commerce or revenue. Preference to the
ports of one State over those of another shall not be
1
given by any.....................................................................
Religion or prohibiting the free exercise thereof. Con
gress shall make no law respecting the establish
ment of................................................................................
Religious test shall ever be required as a qualification for
any office or public trust under the United States.
-
389
373
9 6
378
1-
-
389
- -
3
387
N o . . ......................................................................................
Removal of the President from office, the same shall de
volve on the Vice-President. In case of the----Representation. No State, without its consent, shall be
6
2
-
1 5
381
deprived of its equal suffrage in the Senate..........
Representation and direct taxation, how apportioned
among the several States. [This provision is
changed by the fourteenth amendment, section 2 ,
page 54]................................................................................
5
-
-
-
386
- 2 3
370
1
INDEX TO T H E CONSTITUTION OF T H E UNITED STATES.
471
Art. Amdt. Sec. Cl. Page.
Representation until the first enumeration tinder the
Constitution not to exceed one for every thirty
thousand. The ratio of................................................. 1 Representation in any State. The executive thereof
shall issue writs of election to fill vacancies in the . 1
Representation among the several States shall be accord
ing to their respective numbers, counting the
whole number of persons in each State, excluding
Indians not taxed. The ratio o f . . . , ........................ - 14
Representation. But where the right to vote in certain
Federal and State elections is abridged for any
cause other than rebellion or other crime the basis
of representation shall be reduced............................. - 14
Representatives. Congress shall consist of a Senate and
House of.............................................................................. 1 Qualifications of electors of members of the House of. 1 - 2
No person shall be a Representative who shall not
have attained the age of twenty-five years, been
seven years a citizen of the United States, and an
inhabitant of the State in which he shall be
chosen..............................................................
And direct taxes, how apportioned among the sev
eral States. [Amended by fourteenth amend
ment, section 2, page 54]...................................
Shall choose their Speaker and other officers. The
House of.........................................................
Shall have the sole power of impeachment. The
House of.........................................................
Executives of the States shall issue writs of election
to fill vacancies in theHouse of.........................
The times, places, and number of choosing Repre
sentatives shall be prescribed by the legislatures
of the States....................................................
But Congress may at any time by law make or alter
such regulations except as to the places of choos
ing Senators....................................................
And Senators shall receive a compensation to be
ascertained by law..........................................
Shall in all cases, except treason, felony, and breach
of the peace, be privileged from arrest during
attendance at the session of the House, and in
going to and returning fromthe same................
2
3
370
2
4
371
2
-
393
2
-
393
-
369
369
1
1
1 - 2 2 370
1 - 2 3 370
1- 2 5 371
1 - 2, 5 371
1 -
2 4 371
1 -
4 1 373
1 -
4 1 373
1 -
6 1 374
1 -
6 1 374
472
INDEX TO TH E CONSTITUTION OF TH E UNITED STATES.
Art. Amdt. Sec.Cl. Page.
Representatives shall not be questioned in any other
place for any speech or debate. Members of the
House o f.............................................................................
No member shall be appointed during his term to
any civil office which shall have been created, or
the emoluments of which shall have been in
creased, during such term............................................
No person holding any office under the United
States shall, while holding such office, be a Mem
ber of the House of..........................................................
Representatives. All bills for raising revenue shall orig
inate in the House of......................................................
No Senator or Representative shall be an elector
for President or Vice-President..................................
Representatives shall be bound by an oath or affirmation
to support the Constitution of the United States.
The Senators and.............................................................
Representatives among the several States. Provisions
relative to the apportionment o f................................
Representatives and Senators. Prescribing certain dis
qualifications for office as..............................................
But Congress may, by a vote of two-thirds of each
House, remove such disqualification........................
Reprieves and pardons except in cases of impeachment.
1 - 6 1
1
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6
2
375
1
-
6
2
375
1
-
7 1 375
2
-
1
2
379
6
-
-
3
387
- 14
2
-
393
- 14
3
-
394
- 14
3
-
394
•
The President may grant..............................................
Reprisal. Congress shall have power to grant letters of
2
marque and........................................................................
No State shall grant any letters of marque and........
Republican form of Government. The United States
shall guarantee to every State in this Union a . . .
And shall protect each of them against invasion;
and on the application of the legislature or of the
executive (when the legislature can not be con
vened), against domestic violence............................
Reserved rights of the States and the people. The enu
meration in the Constitution of certain rights shall
not be construed to deny or disparage others re
1
1
tained by the people......................................................
The powers not delegated to the United States by
the Constitution, nor prohibited by it to the
States, are reserved to the States respectively or
to the people......................................................................
374
-
2 1 382
- 8 11
- 10 1
377
378
4 - 4 - 3 8 5
4 - 4 - 3 8 5
-
9
-
-
391
- 10
-
-
391
INDEX TO T H E CONSTITUTION OF TH E UNITED STATES.
473
Art. Amdt. Sec.Cl. Page.
Resignation, or inability of the President, the duties and
powers of his office shall devolve on the VicePresident. In case of the death...............................
Resignation, or inability of the President. Congress
may by law provide for the case of the removal,
death...........................................................................
Resolution, or vote (except on a question of adjourn
ment) requiring the concurrence of the two Houses
shall, before it becomes a law, be presented to the
President. Every order...............................................
Revenue shall originate in the House of Representatives.
All bills for raising..........................................................
Revenue. Preference shall not be given to the ports of
one State over those of another by any regulations
of commerce or.................................................................
Rhode Island entitled to one Representative in the First
Congress..............................................................................
Right of petition. Congress shall make no law abridging
the right of the people peaceably to assemble and
to petition for the redress of grievances...................
Right to keep and bear arms. 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...............................................................
Rights in the Constitution shall not be construed to deny
or disparage others retained by the people. The
2
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1
5
381
2
-
1
5
381
1
-
7
3
376
1
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7
l
375
1
-
9
6
378
1
-
2
3
370
-
1
-
_
389
-
2
-
-
389
enumeration of certain..................................................
Rights not delegated to the United States nor prohibited
to the States are reserved to the States respec
tively or to the people...................................................
-1 0
Rules of its proceedings. Each blouse may determine
the................................................................
1
-
5
2
374
4
-
3
2
385
-
7
-
-
391
-
7
-
_
39 ^
Rules and regulations respecting the territory or other
property of the United States. Congress shall
dispose of and make all needful.................................
Rules of the common law. All suits involving over
twenty dollars shall be tried by jury according to
the.........................................................................................
No fact tried by a jury shall be reexamined except
according to the..........................................................
-
-
9
-
-
-
391
391
s.
Art. Amdt. Sec. Cl. Pace.
Science and the useful arts by securing to authors and
inventors the exclusive right to their writings and
discoveries. Congress shall have power to pro
mote the progress of........................................................
Searches and seizures shall not be violated. The right of
the people to be secure against unreasonable........
And no warrants shall be issued but upon probable
cause, on oath or affirmation, describing the place
to be searched and the person or things to be
seized...................................................................................
Seat o f government. Congress shall exercise exclusive
legislation in all cases over such district as may
become the.........................................................................
Securities and current coin of the United States. Con
gress shall provide for punishing the counterfeit
ing of the.............................................................................
Security o f afree State, the right of the people to keep and
bear arms shall not be infringed. A well-regulated
militia being necessary to th e ..............................
Senate and House of Representatives. The Congress of the
United States shall consist of a ...................................
Senate of the United States. The Senate shall be com
posed of two Senators from each State, chosen by
the legislature for six years..........................................
[Repealed by the seventeenth amendment]..............
If vacancies happen during the recess of the legisla
ture of a State, the executive thereof may make
temporary appointments until the next meeting
of the legislature...............................................................
[Repealed by the seventeenth amendment]...............
The Vice-President shall be President of the Senate,
but shall have no vote unless the Senate be
equally divided................................................................
The Senate shall choose their other officers, and also
a President pro tempore in the absence of the
Vice-President or when he shall exercise the
office of President............................................................
474
1
- 8
8
376
-
4
-
-
390
-
4
-
-
390
1
- 8 17
377
1
- 8
6
376
-
389
- 1 -
369
-
2
1
-
1 - 3 1
- 17 - 1
371
395
1
2
372
-
1
395
1
- 3
4
372
1
- 3
5
372
- 17
- 3
475
INDEX TO TH E CONSTITUTION OF T H E UNITED STATES.
Art. Amdt. Sec. Cl. Page.
Senate of the United States. The Senate shall have the
sole power to try all impeachments. When sit
ting for that purpose they shall be on oath or
affirmation..........................................................................
When the President of the United States is tried the
Chief Justice shall preside; and no person shall be
convicted without the concurrence of two-thirds
of the members present.................................................
It shall be the judge of elections, returns, and quali
fications of its own members.......................................
A majority shall constitute a quorum to do business,
but a smaller number may adjourn from day to
day, and may be authorized to compel the attend
ance of absent members................................................
It may determine the rules of its proceedings, pun
ish a member for disorderly behavior, and with
\
3
6
372
1 -
3
6
373
1
- 5
l
373
1
- 5
1
373
the concurrence of two-thirds expel a member.. . 1
It shall keep a journal of its proceedings, and from
- 5
2
374
- 5
3
374
- 5
4
374
time to time publish the same, except Buch parts
as may in their judgment require secrecy..............
It shall not adjourn for more than three days during
a session without the consent of the other House. .
It may propose amendments to bills for raising reve
nue, but such bills shall orginate in the House of
Representatives................................................................
The Senate shall advise and consent to the ratifi
cation of all treaties, provided two-thirds of the
members present concur...............................................
It shall advise and consent to the appointment of
ambassadors, other public ministers and consuls,
judges of the Supreme Court, and all other officers
not herein otherwise provided for..............................
It may be convened by the President on extra
ordinary occasions...........................................................
No State, without its consent, shall be deprived of
its equal suffrage in the Senate..................................
Senators shall, immediately after assembling, under their
first election, be divided into three classes, so that
the seats of one-third shall become vacant at the
expiration of every second year................................
P
1 -
1
1
1 - 7 1
375
2
- 2
2
382
2
-
2
2
382
2
-
3
-
382
5
-
-
-
386
1
-
3
2
371
476
INDEX TO THE CONSTITUTION OE TH E UNITED STATES.
Art. Amdt. Sec. Cl. Pace.
Senators. No person shall be a Senator who shall not be
thirty years of age, nine years a citizen of the
United States, and an inhabitant when elected of
the State for which he shall be chosen...................
The times, places, and manner of choosing Senators
may be fixed by the legislature of a State, but
Congress may by law make or alter such regu
lations, except as to the places of choosing..........
If vacancies happen during the recess of the legisla
ture of a State, the executive thereof may make
temporary appointments until the next meeting
1
-
3
3
1 - 4 1
372
373
of the legislature.............................................................. 1 3 2
[Repealed by the seventeenth amendment]............... - 17 - 2
They shall in all cases, except treason, felony, and
breach of the peace, be privileged from arrest
during their attendance at the session of the
Senate and in going to and returning from the
372
395
same.....................................................................................
And Representatives shall receive a compensation
to be ascertained by law...............................................
Senators and Representatives shall not be ques
tioned for any speech or debate in either House in
374
1 - 6 1
1
-
6
1
374
1
-
6
1
375
1
-
6
2
375
1
-
6
2
375
2
-
1
2
379
oath or affirmation to supportthe Constitution.. 6
- - 3
No person shall be a Senator or Representative who
having, as a Federal or State officer, taken an oath
to support the Constitution, afterwards engaged
in rebellion against the United States..................... - 14 3 _
387
any other place.................................................................
No Senator or Representative shall, during the time
for which he was elected, be appointed to any
civil office under the United States which shall
have been created, or of which the emoluments
shall have been increased, during such term.........
No person holding any office under the United
States shall be a member of either House during
his continuance in office................................................
No Senator or Representative or person holding an
office of trust or profit under the United States
shall be an elector for President and VicePresident.............................................................................
Senators and Representatives shall be bound by an
394
INDEX TO TH E CONSTITUTION OF T H E UNITED STATES.
477
Art. Amdt. Sec. Cl. Page.
Senators. But Congress may, by a vote of two-thirds
of each House, remove such disability................... - 14
Service or labor in one State, escaping into another State,
shall be delivered up to the party to whom such
service or labor may be due. Fugitives f rom. . .
4 Servitude, except as a punishment for crime, whereof
the party shall have been duly convicted, shall
exist in the United States or any place subject to
their jurisdiction. Neither slavery nor involun
tary....................................................................................... - 1 3
Servitude. 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.................................... - 15
Ships of war in time of peace, without the consent of
Congress. No State shall keep troops or................
1 Silver coin a tender in payment of debts. No State
3
-
394
2
3
385
1
-
393
1
-
395
3
379
10
shall make anything but gold and............................
1 - 1 0
Neither the United States nor any State shall
assume or pay any debt or obligation incurred in
aid of insurrection or rebellion, or any claim for
the loss or emancipation of any................................ - 14 4
Slavery nor involuntary servitude, except as a punish
ment for crime, whereof the party shall have been
duly convicted, shall exist in the United States,
or any places subject to their jurisdiction.
1
379
-
394
Slave.
Neither..................... ..........................................................
Soldiers shall not be quartered, in time of peace, in any
-
393
house without the consent of the owner..............4.. - 3 — ■—
South Carolina entitled to five Representatives in the
First Congress.................................................................... 1 — 2 3
Speaker and other officers. The House of Representa
tives shall choose their..................................................
1 - 2 5
Speech or of the press. Congress shall make no law
abridging the freedom of............................................... 1 - Speedy and public trial by a jury. In all criminal prose
cutions the accused shall have a .............................. G - Standard of weights and measures. Congress shall fix
the......................................................................................... 1 - 8 5
State of the Union. The President shall, from time to
389
time, give Congress information of the....................
-
2
13
-
1
3
-
371
371
889
391
376
382
478
INDEX TO TH E CONSTITUTION OF T H E UNITED STATES.
Art. Amdt. Sec. Cl. Pa*e.
State legislatures, and all executive and judicial officers
of the United States, shall take an oath to sup
port the Constitution. All members of the sev
eral........................................................................................
States. When vacancies happen in the representation
from any State, the executive authority shall
issue writs of election to fill such vacancies.
[See seventeenth amendment, page 397]................
Congress shall have power to regulate commerce
among the several............................................................
No State shall enter into any treaty, alliance, or
confederation.....................................................................
Shall not grant letters of marque andreprisal............
Shall not coin money.........................................................
Shall not emit bills of credit............................................
Shall not make anything but gold and silver coin
a tender in payment of debts.....................................
Shall not pass any bill of attainder, ex post facto law,
or law impairing the obligation ofcontracts...........
Shall not grant any title of nobility..............................
Shall not, without the consent of Congress, lay any
duties on imports or exports, except what may
be absolutely necessary for executing its inspec
tion laws..............................................................................
6 -
-
3
387
1 -
2
4
371
1 -
8
3
376
1 - 10
1
378
1 - 10
1
1 - 10
1 - 10
1
1
378
379
379
1 -*10
1
379
1 - 10
1 - 10
1
1
379
379
1 - 10
2
379
3
379
Shall not, 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 com
pact 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..
Full faith and credit in every other State shall be
given to the public acts, records, and judicial pro
ceedings of each State....................................................
1 -
10
4 -
1
-
384
Congress shall prescribe the manner of proving
such acts, records, and proceedings.........................
4 -
1 -
384
4 -
2
384
Citizens of each State shall be entitled to all privi
leges and immunities of citizens in the several
States....................................................................................
New States may be admitted by Congress into this
Union.................................................................. - ..............
4
— 3 1
1
385
INDEX TO TH E CONSTITUTION OF TH E UNITED STATES.
479
Art. Amdt. Sec. Cl. Paee.
But no new State shall be formed or erected
within the jurisdiction of another State.................
Nor any State formed by the junction of two or
more States or parts of States, without the con
sent of the legislatures as well as of Congress.. . .
No State shall be deprivod, without its consent, of
its equal suffrage in the Senate..................................
Three-fourths of the legislatures of the States or con
ventions of three-fourths of the States, as Con
gress shall prescribe, may ratify amendments to
the Constitution...............................................................
The United States shall guarantee a republican
form of government to every State in the U nion..
They shall protect each State against invasion........
And on application of the legislature, or the execu
tive (when the legislature can not be convened),
against domestic violence.............................................
The ratification by nine States shall be sufficient
to establish the Constitution between the States
States.
4 - 3 1
385
4 - 3 1
385
5
-
-
-
386
5
-
-
-
386
4
4
-
4 4 -
385
385
4
-
4 -
385
so ratifying the same......................................................
When the choice of President shall devolve on the
House of Representatives, the vote shall be taken
7
-
-
387
by States.............................................................................
But in choosing the President the vote shall be
taken by States, the representation from each
State having one vote....................................................
- 12
-
-
-
392
- 12
- -
392
- 12
-
-
392
- 10
-
-
391
5
-
-
-
386
-
7
-
-
391
- 11
-
-
391
A quorum for choice of President 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..........................................................................
States or to the people. Powers not delegated to the
United States, nor prohibited to the States, are
reserved to the..................................................................
Suffrage in the Senate. No State shall be deprived
without its consent of its equal..................................
Suits at common law, where the value in controversy
shall exceed twenty dollars, shall be tried by jury.
In law or equity against one of the States by citizens
of another State or by citizens of a foreign State.
The judicial power of the United Stales shall not
extend to............................................................................
69)454°— S. D oc. 349 , 6 7 - 4 -------31
480
INDEX TO THE CONSTITUTION OF TH E UNITED STATES.
Art. Amdt. Sec. Cl. Page.
Supreme Court. Congress shall have power to constitute
tribunals inferior to the.................................................
Supreme Court, and such inferior courts as Congress may
establish. The judicial power of the United
States shall be vested in one.......................................
The judges of the Supreme and inferior courts shall
hold their offices during good behavior...................
The compensation of the judges shall not be dimin
ished during their continuance in office.................
Supreme Court shall have original jurisdiction in all
cases affecting ambassadors, other public minis
ters and consuls, and in which a State may be a
party. Th e.......................................................................
Shall have appellate jurisdiction, both as to law and
fact, with such exceptions and regulations as Con
gress may make. The...................................................
Supreme law of the land. This Constitution, the laws
made in pursuance thereof, and the treaties of the
United States shall be the..........................................
The judges in every State shall be bound thereby..
Suppress insurrections, and repel invasions. Congress
shall provide for calling forth the militia to
execute the laws..............................................................
Suppression of insurrection or rebellion, shall not be
questioned. The public debt, including the
debt for pensions and bounties incurred in th e..
1
-
8
9
376
3
-
1
-
383
3
-
1
-
383
3
-
1
-
383
3
-
2
2
384
3
-
2
2
384
6
6
-
-
2
2
386
386
1
-
8 15
377
-
14 4
-
394
T.
Art. Amdt. Sec. Cl. Page.
Tax shall be laid unless in proportion to the census or
enumeration. No capitation or other direct.
[See sixteenth amendment, page 397].....................
Tax or duty shall be laid on articles exported from any
State. No.........................................................................
Taxes (direct) and Representatives, how apportioned
among the several States.
[See fourteenth
amendment, section 2, page 395]...............................
Taxes (direct). Congress shall have power to collect
taxes on incomes, from whatever source derived,
without apportionment among the several States,
and without regard to any census or enumera
tion. The sixteenth amendment..............................
Taxes, duties, imposts, and excises. Congress shall
have power to lay............................................................
They shall be uniform throughout the United
States. [See sixteenth amendment, page 3 9 7 ]...
Temporary appointments until the next meeting of the
legislature. If vacancies happen in the Senate
in the recess of the legislature of a State, the
executive of the State shall make. [Repealed
by seventeenth amendment, page 397]...................
Tender in payment of debts. No State shall make
anything but gold and silver coin a.........................
Term of four years. The President and Vice-President
shall hold their offices for the......................................
Term for which he is elected. No Senator or Repre
sentative shall be appointed to any office under
the United States which shall have been created
or its emoluments increased during the..................
'territory or other property of the United States. Con
gress shall dispose of and make all needful rules
and regulations respecting the....................................
Test as a qualification for any office or public trust shall
ever be required. No religious.................................
Testimony of two witnesses to the same overt act, or on
confession in open court. No person shall be
convicted of treason except on the...........................
1 -
9
-
1
1 -
378
4
9
2
5
378
370
3
-
16
-
-
395
1
_
8
1
376
1 - 8 1
376
1
-
3
2
372
1
- 10
1
379
2
-
1
1
379
1
-
6
2
375
4
-
3
2
385
6
-
-
3
387
3
-
3
1
384
481
482
IN D E X
TO
THE
C O N S T IT U T IO N
OF T H E
U N IT E D
STATES.
Art. Amdt. Sec. Cl. Page.
Three-fourths of the legislatures of the States, or conven
tions in three-fourths of the States, as Congress
shall prescribe, may ratify amendments to the
Constitution....................................................................... 5
-
-
-
386
-
3
4
372
-
4
1
373
-
4
1
373
- 9
- 10
8
1
1
378
379
1
-
9
8
378
shall lay any duty of.....................................................
Tranquillity, provide for the common defense, etc. To
1
- 10
3
379
insure domestic. [Preamble].....................................
Treason shall consist only in levying war against the
-
-
-
-
369
3
-
3
1
384
3
-
3
1
384
3
3 -
3
3
2
2
384
384
3
-
3
2
384
2
-
4
-
383
1 -
6
1
374
The Vice-President shall have no vote unless the
Senate be equally divided...........................................
1
Times, places, and manner of holding elections for
Senators and Representatives shall be prescribed
in each State by the legislature thereof..................
1
But Congress may at any time by law make or alter
such regulations, except as to the places of
choosing Senators............................................................
1
Tie.
Title of nobility. The United States shall not grant
any........................................................................................
No State shall grant any...................................................
Title of any kind, from any king, prince, or foreign
State, without the consent of Congress. No
person holding any office under the United
States shall accept of any.............................................
Tonnage without the consent of Congress.
No State
United States, or in adhering to their enemies,
giving them aid and comfort.......................................
Treason. No person shall, unless on the testimony of
two witnesses to the same overt act, or on con
fession in open court, be convicted of...................
Congress shall have power to declare the punish
ment of................................................................................
Shall not work corruption of blood. Attainder o f . .
Shall not work forfeiture, except during the life of
the person attainted. Attainder of..........................
Treason, bribery, or other high crimes and misdemeanors.
The President, Vice-President, and all civil offi
cers shall be removed from office on impeachment
for and conviction of.......................................................
Treason, felony, and breach of the peace. Senators and
Representatives shall be privileged from arrest
while attending or while going to or returning
from the sessions of Congress, except in cases of. .
1
IN D E X
TO T H E
C O N S T IT U T IO N
OF T H E
U N IT E D
483
STATES.
Art. Amdt. Sec. Cl. Page.
Treasury, but in consequence of appropriations made by
law. No money shall be drawn from the............... 1 - 9 7
Treaties. The President shall have power, with the ad
vice and consent of the ^Senate, provided twothirds of the Senators present concur, to m ake.. . 2 - 2 2
The judicial power shall extend to all cases arising
under the Constitution, laws, and............................. 3 - 2 1
They shall be the supreme law of the land, and the
378
382
383
judges in every State shall be bound thereby___
Treaty, alliance, or confederation. No State shall enter
intoany..............................................................................
Trial, judgment, and punishment according to law.
Judgment in cases of impeachment shall not ex
tend further than to removal from and disqualifition for office; but the party convicted shall
6
nevertheless be liable and subject to indictment.
Trial by jury. All crimes, except in case of impeach
1
-
3
ment, shall be tried by jury........................................
Such trial shall be held in the State within which
3
_
2
3
384
the crime shall have been committed.....................
3
But when not committed within a State, the trial
shall be at such place as Congress may by law
have directed.................................................................... 3
In all criminal prosecutions the accused shall have
a speedy and public...................................................... _
Suits at common law, when the amount exceeds
twenty dollars, shall be b y .......................................... -
-
2
3
384
-
2
3
384
6
-
-
390
7 -
_
391
-
9
376
3 -
379
Tribunals inferior to the Supreme Court. Congress
shall have power to constitute....................................
Troops or ships of war in time of peace without the con
sent of Congress. No State shall keep....................
Trust and profit under the United States shall be an elec
tor for President and Vice-President. No Sena
tor, Representative, or person holding any office
of...........................................................................................
Two-thirds of the members present. No person shall be
convicted on impeachment without the concur
rence of...............................................................................
Two-thirds, may expel a member. Each House, with
the concurrence of...........................................................
-
1
-
2
386
- 10 1
378
~
1
1
8
- 10
7
373
2
-
1
2
379
1
_
3
(5
373
1
-
5
2
374
c
Index
I
*
484
IN D E X TO T H E
C O N S T IT U T IO N
OF T H E
U N IT E D
STATES.
Art. Amdt. Sec. Cl. Pace.
Two-thirds. A bill returned by the President with liis
objections may be repassed by each House by a
vote of.................................................................................
1 Two-thirds of the Senators present concur. The Presi
dent shall have power, by and with the advice
and consent of the Senate, to make treaties,
provided.............................................................................
2 Two-thirds of the legislatures of the several States. Con
gress shall call a convention for proposing amend
ments to the Constitution on the application o f . . 5
Two-thirds of both Houses shall deem it necessary. Con
gress shall propose amendments to the Constitu
tion whenever................................................................... 5
Two-thirds of the States. When the choice of a President
shall devolve on the House of Representatives, a
quorum shall consist of a member or members
from...................................................................................... - 12
Two-thirds of the whole number of Senators. A quorum
of the Senate, when choosing a Vice-President,
shall consist of.................................................................. - 12
Two-thirds, may remove the disabilities imposed by the
third section of the fourteenth amendment. Con
gress, by a vote of............................................................
Two years. Appropriations for raising and supporting
armies shall not be for a longer term than...............
7 2
375
2 2
382
-
-
386
-
-
386
-
-
392
-
-
392
-
14
3 -
394
1
-
8 12
377
i
u.
Art. Arndt. Sec. Cl. Page.
Union. To establish a more perfect. [Preamble].........
The President shall, from time to time, give to Con
gress information of the state of the..........................
New States may be admitted by Congress into th is..
But no new State shall be formed or erected within
the jurisdiction of another State................................
Unreasonable searches and seizures. The people shall
be secured in their persons, houses, papers, and
effects against...................................................................
Unreasonable. And no warrants shall be issued but
upon probable cause, supported by oath or affirma
tion, and particularly describing the place to be
searched and the persons or things to be seized. .
Unusual punishments inflicted. Excessive bail shall
not be required, nor excessive fines imposed, nor
cruel and............................................................................
Use without just compensation. Private property shall
not be taken for public.................................................
Useful arts, by securing for limited times to authors and
inventors the exclusive right to their writings and
inventions. Congress shall have power to pro
mote the progress of science and the........................
-
-
-
-
369
2
- 3 4 - 3 1
382
385
4 - 3 1
385
_
4
_
_
390
-
4
-
-
390
-
8
-
-
391
-
5
-
-
390
1
-
8
8
376
485
V.
Art. Arndt. Sec. Cl. Page.
Vacancies happening in the representation of a State.
The executive thereof shall issue writs of election
to fill....................................................................................
Vacancies happening in the Senate in the recess of the
legislature of a State. How filled. [See seven
teenth amendment, page 397].....................................
Vacancies that happened during the recess of the Senate,
by granting commissions which shall expire at the
end of the next session. The President shall
have power to fill...........................................................
Validity of the public debt incurred in suppressing in
surrection against the United States, including
debt for pensions and bounties, shall not be ques
tioned...................................................................................
Vessels bound to or from the ports of one State shall not
be obliged to enter, clear, or pay duties in an
other State.....................................
Veto of a bill by the President. Proceedings of the two
Houses upon the..............................................................
Vice-President of the United States shall be President of
the Senate..........................................................................
He shall have no vote unless the Senate be equally
divided................................................................................
The Senate shall elect a President pro tempore in
the absence of the...........................................................
He shall be chosen for theterm of four years.............
The number and the manner of appointing elec
tors for President and...................................................
In case of the removal, death, resignation, or ina
bility of the President, the powers and duties of
his office shall devolve on the.....................................
Congress may provide by law for the case of the
removal, death, resignation, or inability both of
the President and............................................................
On impeachment for and conviction of treason,
bribery, and other high crimes and misdemeanors
shall be removed from office.
The...........................
1
-
2 4
371
1
-
3 2
372
2
-
2 3
382
-
14
4 -
394
1
-
9
6
378
1
-
7
2
375
1
-
3
4
372
1
-
3
4
372
1
2
-
3
5
1
1
372
379
2
-
1
2
379
2
-
1
5
381
2
-
1
5
381
2
-
4
-
383
486
ll
i
C O N S T IT U T IO N
OF T H E
U N IT E D
487
STATES.
Art. Amdt. Sec. Cl. Page.
Vice President, the manner of choosing the. 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........................................
The electors shall name, in distinct ballots, the
person voted for as Vice-President............................
They shall make distinct lists of the persons voted
for as Vice-President, which lists they shall sign
and certify, and send sealed to the seat of gov
ernment, 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.......................................................................
- 12
-
-
391
- 12
-
-
392
- 12
-
-
392
- 12
-
-
392
-
-
392
"
/392
(393
The person having the greatest number of votes as
Vice President shall be Vice-President, if such
number be a majority of the whole number of
electors................................................................................
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 this purpose shall consist of two-thirds
of the whole number of Senators; and a majority
of the whole number shall be necessary to a choice But if the House shall make no choice of a President
before the 4th of March next following, then the
Vice-President shall act as President, as in the
case of the death or other constitutional disability
of the President................................................................ Vice-President. No person constitutionally ineligible as
President shall be eligible as...................................... Violence.. The United States shall guarantee to every
State a republican form of government, and shall
protect each State against invasion and domestic. 4
Virginia entitled to ten representatives in the First Con
gress...................................................................................... 1
Vote. Each Senator shall have one...........................
Ih e Vice-President, unless the Senate be equally
divided, shall have no...................................................
12
,9
12
-
-
393
12
-
-
392
12
-
- 4
- 2
393
-
385
3
1
-
3
1
371
371
1
-
3
4
372
Senators by Si ulus
IN D E X TO T H E
488
INDEX TO THE CONSTITUTION OF T H E UNITED STATES.
Art. Amdt. Sec. Cl. Pace.
Vote requiring the concurrence of the two Houses (ex
cept upon a question of adjournment) shall be
presented to the President. Every order, resolu
tion, or................................................................................. 1 Shall not be denied or abridged by the United States
or by any State on account of race, color, or pre
vious condition of servitude. The right of citi
zens of the United States to........................................ - 15
Shall not be denied or abridged by the United
States or by any State on account of sex. The
- 19
right of citizens of the United States to.................
Vote o f two-thirds. Each House may expel a member
1 by a ......................................................................................
A bill vetoed by the President may be repassed in
1 each House by a ..............................................................
Xo person shall be convicted on an impeachment
except by a........................................................................ 1 Whenever both Houses shall deem it necessary,
Congress may propose amendments to the Con
5 stitution by a....................................................................
The President may make treaties, with the advice
and consent of the Senate, by a .................................
Disabilities incurred by participation in insurrec
tion or rebellion may be relieved by Congress
by a ......................................................................................
2
-
-1 4
3
7 3
376
1 -
395
- -
396
5 2
374
7 2
375
3 6
373
- -
386
2 2
382
-
394
w.
War, grant letters of marque and reprisal, and make
rules concerning captures on land and water.
Congress shall have power to declare.......................
For governing the land and naval forces. Congress
shall have power to make rules and articles of. . .
No State shall, without the consent of Congress, un
less actually invaded, or in such imminent
danger as will not admit of delay, engage i n . . . .
War against the United States, adhering to their
enemies, and giving them aid and comfort.
Treason shall consist only in levying.......................
Warrants shall issue but upon probable cause, on oath
or affirmation, describing the place to be searched
and the persons or things to be seized. N o..........
Weights and measures. Congress shall fix the standard
of...........................................................................................
Welfare, and to secure the blessings of liberty, etc. To
promote the general. [Preamble]............................
Welfare. Congress shall have power to provide for the
common defense and general......................................
Witness against himself. No person shall, in a criminal
case, be compelled to be a ...........................................
Witnesses against him. In all criminal prosecutions the
accused shall be confronted with the.......................
Witnesses in his favor. In all criminal prosecutions the
accused shall have compulsory process for obtain
any State. The executive of the State shall issue.
Written opinion of the principal officer in each of the
Executive Departments on any subject relating to
the duties of his office. The President may re
quire the..............................................................
:
m W:
ing.........................................................................................
Witnesses to the same overt act, or on confession in open
court. No person shall be convicted of treason
unless on the testimony of two...................................
Woman suffrage............................................................................
Writ o f habeas corpus shall not be suspended, unless in
case of rebellion or invasion the public safety may
require i t ............................................................................
Writs of election to fill vacancies in the representation of
Art Arndt. Sec. Cl. Page.
Yeas and nays of the members of either House shall, at
the desire of one-fifth of those present, be entered
on the journals..................................................................
The votes of both Houses upon the reconsideration
1
-
5
3
374
of a bill returned by the President with his objec
tions shall be determined b y ......................................
1
-
7
2
375
490
I
SENATORS OF THE UNITED STATES
FROM THE FIRST TO THE SIXTY-EIGHTH CONGRESS. FIRST SESSION. INCLUSIVE.
Under Article I, section 3, clause 2, of the Constitution of
the United States, relating to the classification of Senators in
the First and succeeding Congresses, it was provided that,
“ 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.” The classifi
cation of the Senators of the First Congress was made in
accordance with this provision by lot. The table beginning
on the following page shows the classes to which the Senators
of the First Congress, and from States subsequently ad
mitted into the Union, were severally assigned, and the
succession in each State to the close of the Sixty-eighth
Congress, first session.
bidex
http://fraser.stlouisfed.org/
Federal
I Reserve Bank of St. Louis
493
of
S enators
of the
U nited States
from the
F irst
to the
S ix t y - eighth C on gress , I nclusive .
ALABAMA.
494
C lass 2.
Congress.
Name of Senator.
Comm ence
ment
of service.
18th to 28th. . . ...1810-1845
28th t o 3 0 t h ... ...1843-1849
D o ............. .......... d o .* ..
W illiam R . King
30th to 3 1 s t.... ...1847-1851
31st to 32d....... ...1849-1853
33d to 40th. . . . ...1853-1869
Benjamin Fitzpatrick............ N ov. 25,1848
N ov. 30,1849
.................
Clement C. Clav.......................
Expiration
of term.
Dec. 14,1819
Mar.
Apr. 22,1844
Dec. 10,1844
Dec. 10,1844
Resigned A pr. 15, 1844.
B y governor, to fill vacancy.
Mar. 3,1853
N ov. 30,1849
B y governor, to fill vacancy.
Mar.
Mar
Retired from the Senate Jan. 21,1861.
Mar.
4,1853
3,1847
Remarks.
3,1853
3,1865
Died Oct. 25, 1848.
Seat declared
vacant Mar. 14,1861. State unrepresented in this
class from Jan. 21, 1861, to June 25, 1868, becauso
40th to 4 1 s t...
W illard Warner....................... June 25,1868
Mar.
3,1871
of Civil War.
B y legislature, to fill vacancy in term beginning
Mar. 4, 1865. State unrepresented in this class
from Mar. 4, 1871, to Jan. 15, 1872, because of a
protest and contest.
42d to 44t h . . . ...1871-18V7
45th to 60th. . ...1877-1907
6 0th .................. ...1907-1909
Mar.
John H. Bankhead.................
61st to 82d___ ...1909-1913
63d to 6 5 th ... ...1913-1919
................... ...1919-1921
66th
D o ............ ............d o ___
D o ...........
67th................. ...1921-1923
68th.................
B ra xton B. Comer.................
........ d o ........................................
June 18,1907
3,1877
Mar. 3,1913
July 16,1907
July 16,1907
Mar.
Mar.
Mar.
Mar. 15,1920
Nov. 2,1920
Mar. 3,1925
3,1913
3,1919
3,1925
Died June 11, 1907.
B y governor, to fill vacancy; not sworn.
Died Mar. 1, 1920.
B y governor, to fill vacancy.
SENATORS OF TH E UNITED STATES,
T able
John W . W a lk e r.. . .
W illiam K e lly ..........
Henry Chambers__
Israel Pickens...........
John M cK in ley........
Gabriel Moore...........
John M cK in ley........
Arthur P . B agby__
W illiam R . K in g__
___do.........................
Benjamin Fitzpatrick
-----do...........................
Dec.
Dec.
Mar.
Feb.
Nov.
Mar.
Mar.
Sept.
Nov.
July
Mar.
Jan.
Dec.
40th to 45th. . . ...1.867-1879
George E. Spencer.,
Juno
46th..................
Do............. ..........d o ....
46th to 5 4 lh ... ...1879-1897
55th to 60th. . . ...1897-1907
60ch to 6 3 d ....
George S. Houston.
Luke P ryor.............
James L . Pugh.......
Edmund W . Pettus
Joseph F. Johnston.
Mar.
Jan.
Nov.
Mar.
Aug.
Clement Com er Clay
495
14,1819 Mar. 3,1825 Resigned in December, 1822.
12,1822 ........do.............
4,1825 Mar. 3,1831 Died Jan. 25, 1826.
17,1826 Nov. 27,1826 B y governor, to fill vacancy.
27,1826 Mar. 3,1831
4,1831 Mar. 3,1837
4,1837 Mar. 3,1843 Resigned Apr. 22,1837.
4,1837 ....... do............. Resigned in 1841.
24,1841 Mar. 3,1849 Resigned June 16,1848.
1,1848 ....... do ____ B y governor, to fill vacancy.
4,1849 Mar. 3,1855 Resigned in January, 1853.
14,1853 Dec. 12,1853 B y governor, to fill vacancy.
12,1853 Mar. 3,1801 Retired from the Senate Jan. 21,1861. State unrep
resented in this class from Jan. 21,1861, to June 25,
1868, because of Civil War.
25,1868 Mar. 3,1879 B y legislature, to fill vacancy in term beginning
Mar. 4, 1867.
4,1879 Mar. 3,1885 Died Dec. 31,1879.
7,1880 Nov. 24,1880 B y governor, to fill vacancy.
24,1880 Mar. 3,1897
4,1897 Mar. 3,1909 Died July 27, 1907.
6,1907 Mar. 3,1915 Died Aug. 8,1913. State unrepresented in this class
from Aug. 8, 1913, to May 11, 1914. Henry D.
Clayton, appointed by governor Aug. 12,1913, to fill
vacancy; credentials withdrawn, Oct. 21, 1913;
Frank P. Glass, appointed by governor Nov. 17,
1913, but by Senate resolution, Feb. 4, 1914, was
declared not entitled to a seat.
SENATORS OF THE UNITED STATES.
16th to 17th .. ...1819-1823
17th to 18th.. ...1821-1825
19th................ ...1825-1827
Do............
19th to 21st__ ...1825-1831
22d to 24th__ ...1831-1837
25th................. ...1837-1839
25th to 2 7th... ...1837-1843
27th to3 0 th ... ...1841-1849
30th to 32d__ ...1847-1853
>k Do............
32d to 40 th.... ...1851-1869
Do............
6 9 4 5 4 °— S. D oc. 349 , 07
Class 3.
ALABAMA —Continued.
CO
o>
Class 3—Continued.
Congress.
N ame of Senator.
Comm ence
m ent
of service.
63d........................... 1913-1916
64th to 67th..........1915-1923
Frank S . White.......................
Oscar W . Underwood............
May 11,1914
Mar. 4,1915
Expiration
of term .
Mar.
Mar.
3,1915
3,1927
Remarks.
Elected by popular vote.
1923 1925
o
H
n
H
d
sn
3
cc
Class 1.
Congress.
62d to 67th............1911-1923
N am e of Senator.
Commence
ment
of service.
E xpiration
of term .
Henry F . A sh urst.................... Mar. 27,1912
Mar.
68th .........................1923-1925
3,1929
R em arks.
SENATORS
OF T H E
U N IT E D
C lass
63d to 66th............. 1911-1915
6 7 th .........................1921-1923
6 8 th .........................1923-1925
Marcus A . S m ith .....................
R alp h H . Cam eron................
STATES.
a
.
Mar. 27,1912 Mar. 3,1921
Mar. 4,1921 Mar. 3,1927
........ do.............
497
ARIZONA.
ARKANSAS.
Class 2.
Congress.
N am e of Senator.
Commence
m ent
of service.
E xpiration
of term .
24th to 2 8 th ... ...1835-1845
28th to 3 0 th ... ...1843-1849
30th to 40th. . .
D o.............
Sept.
Nov.
May
N ov.
18,1836
8,1844
12,1848
17,1848
Mar.
Mar.
N ov.
Mar.
3,1847
3,1853
17,1848
3,1865
40th to 41st___ ...1867-1871
Jun e 22,1868
Mar.
3,1871
42d to 44th___ ...1871-1877
45th to 4 9 th ... ...1877-1887
49th to 59th. .
60th to 62d___ ...1907-1913
62d..................... ...1911-1913
D o ............
63d to 67th___ ...1913-1923
68th.................... ...1923-1925
Mar. 14,1871 Mar. 3,1877
Mar. 4,1877 Mar. 3,1889
Mar. 20,1885 Mar. 3,1907
Mar. 4,1907 Mar. 3,1913
John N. H eiskell...
Ja n . 6,1913 Jan . 29,1913
W illiam M. K avanaugh........ Jan . 29,1913 Mar. 3,1913
Mar. 4,1913 Mar. 3,1925
........ d o .............
R em arks.
Died Aug. 15, 1844.
Died Apr. 29, 1848.
By governor, to fill vacancy.
Expelled Ju ly 11,1861. State unrepresented in this
class from Ju ly 11, 1861, to Jun e 22,1868, because
of Civil W ar.
B y legislature, to fill vacancy in term beginning Mar.
4, 1865.
Resigned Mar. 6, 1885.
Died Jan . 3, 1913.
B y governor, to fill vacancy.
Class 3.
24th to 3 0 th ... ...1835-1849 Ambrose H . Sevier..................
30th to 33d___ ...1847-1855 Solon B o r la n d ..........................
D o.............
33d to 3 6 th .... ...1853-1861 Robert W . John son ................
D o ..............
37th to 40th... ...1861-1869 Charles B . M itch ell...*...........
Sept.
Mar.
Nov.
July
Nov.
Mar.
40th to 42d. . . . ...1867-1873
Benjam in F . R ice ...................
June 23,1868
Mar.
3,1873
43d to 45th. . . . ...1873-1879
46th to 48th. . . ...1879-1885
40th to 57th. . . ...1885-1903
58th to 64th. . . ...1903-1915
6tth to 66t h. . . ...1915-1921
67th................... ...1921 1923
68th ...................
Stephen W . D orsey................
Jam es D. W alker....................
Jam es K . Jo n e s........................
Jam es P. Clarke.......................
W illiam F . K irb y ....................
T h ad deu s H . C araw ay..........
Mar. 4,1873
Mar. 4,1879
Mar. 4,1885
Mar. 4,1903
Nov. 8,1916
Mar. 4,1921
Mar.
Mar.
Mar.
Mar.
3,1879
3,1885
3,1903
3,1921
18,1836
30,1848
17,1848
6,1853
10,1854
4,1861
Mar. 3,1849
Nov. 17,1848
Mar. 3,1855
Nov. 10,1854
Mar. 3,1861
Mar. 3,1867
Resigned Mar. 15, 1848.
B y governor, to fill vacancy.
B y governor, to fill vacancy.
Expelled Ju ly 11,1861. State unrepresented in this
class from Ju ly 11, 1861, to June 23, 1868, because
of Civil War.
B y legislature, to fill vacancy in term beginning Mar.
4, 1867.
Died Oct. 1, 1916.
Mar. 3,1927
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C lass 1.
Congress.
N am e o f Senator.
...1849-1851
31st
32d to 34th___ ...1851-1857
John B . W eller.......................
3St,h t.n 36th
1857-1861
...1859-1861
36th..
1859-1863
36th to 3 7th . .
1863-1869
38th to 40th
H enry P. H aun......................
41st to 4 3d ___ ...1869-1875
1873-1875
43d
1875-1881
44th to 46th
Eugene Casserly.....................
Commence
m ent
o f service.
E xpiration
of term.
Sept.
9,1850
Mar.
Mar.
4,1851
Mar.
3,1851
3,1857
17,1852
N ov. 3,1859
Jan. 11,1860
Mar. 4,1863
Mar.
3.1863
Jan.
11.1860
Mar. 3,1863
Mar. 3,1869
Mar. 3,1875
50th to 51st. . . ...1887-1891
fit Ht to K
2d
1889-1893
George Hearst.........................
4,1869
Dec. 23,1873 ........do
Mar. 4,1875 Mar. 3,1881
Mar. 4,1881 Mar. 3,1887
Mar. 23,1886 Aug. 4.1886
A ug. 4,1886 Mar. 3.1887
Mar. 4,1887 Mar. 3,1893
63d to 5 6 t h ... ...1893-1901
Stephen M. W hite.................
19,1891 ....... do
Mar. 4,1893 Mar. 3,1899
47th to 49th
1881-1887
49th..
1885-1887
Mar.
Remarks.
State unrepresented in this class from Mar. 4,1851, to
Mar. 16, 1852.
Died Sept. 16, 1859.
B y governor, to fill vacancy.
Resigned N ov. 29,1873.
Died Mar. 8, 1886.
B y governor, to fill vacancy.
Died Feb. 28, 1891.
State unrepresented in this class from Mar. 4,1899, to
Feb. 7,1900, because of failure of legislature to elect.
56th to 58th.
Sftth to 61 st
1,899-1905
1905-1911
62d to 64th..
..1911-1917
...1917-1919
65th................
Frank P. Flint........................
H iram W . Johnson................
Feb.
Mar.
Mar.
Mar.
7,1900
4,1905
Mar.
Mar.
4,1911
4,1917
Mar.
Mar.
3,1905
3,1911
3 ,1S17
3,1923
Elected
N ov. 7, 1916.
T ook oath
Governor during interim.
ftfit.h to 67t.h
6 8 th ...............
1919-1923
...1923-1925
Mar.
3,1929
A p r. 2, 1917.
SENATORS OF TH E UNITED STATES,
CALIFORNIA.
31st to 3 6 t h ... ...1849-1861
37th to 3 9 th ... ...1861-1867
40th to 42d___ ...1867-1873
43d to 45th. . . . ...1873-1879
46th to 48th. . . ...1879-1885
49th to 5 3 d .... ...1885-1895
5 3 d ................... ...1893-1895
53d to 6 3 d . ... ...1893-1915
64th to 66th... ...1915-1921
67th.................. ...1921-1923
68th................. ...1923-1925
William M. Gwin
James A . M cD ougall. .
Cornelius Cole...............
Aaron A . Sargent........
James T . F a rley...........
Leland Stanford...........
George C. P erkins-----____ d o ..............................
James D . Phelan..........
Samuel M. Shortridge.
____d o ..............................
Congress.
Name of Senator.
44th to 4 7 th ... ...1875-1883
47th.................. ...1881-1883
Henry M. Teller.....................
George M. C hilcott.................
D o .............
48th to 50th. . . ...1883-1889
51st to 5 6 t h ... ...1889-1901
57th to 5 9 t h ... ...1901-1907
60th to 62d___ ...1907-1913
63d to 65th . . . . . .1913-1919
66th to 6 7 th ... __ 191&-1923
68th.................. ...1923-1925
Com m ence
ment
o f service.
N ov. 15,1876
A p r. 17,1882
Horace A. W . T abor.............. Jan. 27,1883
Thomas M. Bowen................. Mar. 4,1883
Edward O. W olcott............... Mar. 4,1889
Expiration
of term.
Mar. 3,1883
Jan. 27,1883
Mar. 3,1883
Thomas M. Patterson...........
Mar.
4,1901
Simon Guggenheim...............
John F. Shafroth....................
Mar.
Mar.
4,1907
4,1913
Mar.
Mar.
Mar.
Mar.
Mar.
Lawrence C. P hipps.............
Mar.
4,1919
Mar.
3,1889
3,1901
3,1907
3,1913
3,1919
3,1925
61st to 6 6 th ........... 1911-1921
67th......................... 1921-1923
68th......................... 1923-1925
D o .........................d o___
Charles S. T h o m a s .................
Jan. 15,1913
Samuel D . N ich olson ............ Mar. 4,1921
........do............
Mar.
Mar.
3,1879
3,1885
Mar.
Mar.
3,1909
3,1915
Mar.
Mar.
3,1921
3,1927
May 17,1923
D ied Jan. 11,1911. State unrepresented in this class
from Jan. 11, 1911, to Jan. 14,1913, because of fail
ure o f legislature to elect.
D ied Mar. 24, 1923.
B y governor, to fill vacancy.
503
44th to 45th.......... 1875-1879 Jerome B. Chaffee................... Nov. 15,1876
46th to 48th...........1879-1885 | Nathaniel P . H ill.................... Mar. 4,1879
49th to 60th...........1885-1909 1 Henrv M. T e lle r...................... Mar. 4,1885
61st..........................1909-1911 Charles J. Hughes, j r ............. Mar. 4,1909
SENATORS OF THE UNITED STATES.
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504
C lass 1.
Name of Senator.
Congress.
. . 1796—1811
11th to 1 6 th .. ...1809-1821
1 7t.h t.n 18t.h .
1821-1825
18 t h t.n 1 Slth
1823-1827
D o ___
28(1 t.n 24t.h
1827 1833
1833-1837
2 4 t h t.n 2.1th
1835-1839
2 0t.h t.n 2 2 6
...1839-1841
. 1839-1849
1847-1851
Mar.
3,1797
Resigned Mar. 8, 1796.
Mar.
Mar.
Resigned June 10,1810.
Mar.
4,1821
Mar.
O ct.
May
8,1823
5,1824
4,1827
May
Mar.
3,1815
3,1821
3,1827
5,1824
3,1827
4,1833
D ec. 14,1835
May 4,1836
Thaddeus Betts.......................
Mar. 4,1839
May 4,1840
N ov. 11,1847
May
41st to 43d____ ...1869-1875
1X73-1 881
D o .............
1881-1905
W illiam A . Buckingham -----
May 12,1852
Mar. 4,1857
Mar. 4,1869
...1905-1911
Morgan Gf. B ulkeley..............
62d to 67th. . . ...1911-1923
George 1’ . M cL ean.................
3,1848
B y governor, to fill vacancy.
3,1833
May
Mar.
3,1839
4,1836
3,1839
D ied D ec. 6,1835.
B y governor, to fill vacancy.
Mar.
3,1845
Mar.
May
Mar.
3,1851
3,1848
D ied A p r. 7,1840.
Died N ov. 1 , 1S47.
B y governor, to f i l l vacancy.
State unrepresented because of failure of governor to
3,1851
appoint.
3 2 6 I n .24t h
S l t h t.n 4<lt.h
1851-1857
. 1857 1869
1023-102.1
F eb.
Mar.
Mar.
Mar.
Mar.
Mar. 3,1857
Mar. 3,1869
Mar. 3,1875
5,1875 ....... do
4,1875 Mar. 3,1881
4,1881
Mar.
3,1905
4,1905
Mar.
4,1911
Mar.
3,1911
3,1929
D ied F eb. 5,1875.
B y governor, to fill vacancy.
STATES,
___d o .........................................
D o .............
Mar.
Mar.
D ied O ct. 8, 1823.
U N IT E D
2 At.h t n 3flt.h
Remarks.
4,1789
Mar.
Mar.
D o ...........
26 th
E xpiration
of term.
May 12,1796
May 10,1810
Mar.
1789-1797
4t.h t . n n t h
Comm ence
m ent
of service.
SEN A TO R S OF T H E
CONNECTICUT.
William S. Johnson...............
Roger Sherm an.......................
3d
4t,h
Jonathan T ru m b u ll...............
................. ...1793-1795
...1795-1797
1797 1809
n th to 1 sth
1807-1815
1813-1819
...1819-1827
Stephen M. M itch ell..............
James L anm an........................
Do ..
4,1789 Mar. 3,1793
June 13,1791
Dec. 2,1793 ........do
Mar. 4,1795 Mar. 3,1801
Oct. 13,1796 Mar. 3,1813
Oct. 25,1807 Mar. 3,1819
Resigned Mar. 4,1791.
Mar.
.........
May 13,1813 ....... do
Mar. 4,1819 Mar. 3,1825
Mar. 4,1825 Mar. 3,1831
Died July 23,1793.
Resigned Mar. 3,1795Resigned June 10, 1796.
Died July 19, 1807.
Resigned in 1813.
B y governor, to fill vacancy. N ot admitted. State
unrepresented in this class from Mar. 4 to May 4,
1825, because of recess of legislature.
22d to 24th
25th to 27th
28t.h to 30t.h
33d
44th
May
1831 1837
1837 1843
Gideon T om lin son .................. Mar.
Mar.
Mar.
1343-1849
1849-1855
..1853-1855
..1855-1867
.1867-1877
...1875-1877
fiflth t.o 67t.h
1875-1879
1879-1907
1905-1923
W ith
1 9 2 3 -1 9 2 5
Lafayette S. F oster................
James E . E nglish...................
4,1825 ....... do
4,1831 Mar. 3,1837
4,1837 Mar. 3,1843
4,1843 Mar. 3,1849
Mar. 4,1849
May 25,1854
Mar. 4,1855
Mar. 4,1867
Nov. 27,1875
May 17,1876
Mar. 4,1879
May 10,1905
Mar.
3,1855
Mar.
3,1867
Mar. 3,1879
May 17,1876
Mar.
Mar.
Mar.
STATES.
40th to 44t.h
1825-1831
U N IT E D
3,1879
3,1909
3,1927
505
1st to 2 d .......... ...1789-1793
2d...................... ...1791-1793
S E N A T O R S OF T H E
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DELAWARE.
Class 1.
Name of Senator.
Congress.
Commence
ment
of service.
1789-1795
Mar.
4,1789
1793 1801
1790-1811
Feb.
7,1795
Feb. 28, 1801
Jan. 14,1802
1809-1821
Jan.
Expiration
of term.
Mar.
3,1797
Rem arks.
Resigned Sept. 18,1793. State unrepresented in this
class from Sept. 18, 1793, to Feb. 7, 1795. Kensey
Johns was appointed b y governor Mar. 19, 1794,
to fill vacancy, b ut b y Senate resolution of Mar. 28,
1794, was declared not entitled to a seat.
3 d t o flth
6t h
t o 1 1 th
D o .............
11t h
t o 16th
’ 7th to 1 8 th ... ...1821-1825
1X1 n t o 1 0 t h
Caesar A . R od n ey...................
1 8 2 3 -1 8 2 7
20th to 21st___ ...1827-1831
21st to 24th___ ...1829-1837
24th to 2 8 t h ... ...1835-1845
12,1810
Mar. 3,1803
Jan. 14,1802
Mar. 3,1815
Mar. 3,1821
10,1822 Mar. 3,1827
8,1824 ........d o.............
Mar. 4.1827 Mar. 3,1833
7,1830 Mar. 3,1839
Jan.
June 17,1836 Mar. 3,1845
Jan.
Resigned in 1801.
B y governor, to fill vacancy.
Died N ov. 4, 1809.
Resigned Jan. 29, 1823.
Resigned A pr. 16, 1829.
Resigned June 16,1836.
Resigned Sept. 19, 1839.
R eelected, serving from
Dec. 2, 1839, to Mar. 3, 1845.
Mar.
29th to 30th .. . _ _ 1 8 4 5 -1 8 4 9
to 31st
1847 1851
3 0 th
32d to 38th___ ...1851-1865
38th to 4 0 th ... ...1863-1869
40th................... ...1867-1869
D o.............
41st to 49th .
1.869-1887
49th to 5 5 t h ... ...1885 1,889
4,1845
23,1849
Mar.
3,1851
Mar. 4,1851 Mar. 3,1869
Jan. 29,1864 ....... d o.............
Jam es Asheton Bayard, 3 d .. A p r. 5,1867 Jan. 18,1869
Jan. 19,1869 Mar. 3,1869
Mar. 4,1869 Mar. 3,1887
George G ra y ............................ Mar. 19,1885 Mar. 3,1899
James Asheton Bayard, 3 d ..
Resigned in 1849.
Resigned Jan. 29,1864.
Died Mar. 29,1867.
B y governor, to fill vacancy
Resigned Mar. 6, 1885.
56th to 5 8 th ... ...1S99-1905
Mar.
2,1903
Mar.
3,1905
59th to 6 4 th ... ...1905-1917
June 13,1906
Mar.
3,1917
65th.................. ...1917-1919
66th.................. ...1919-1921
67th.................. ...1921-1923
D o ...........
Mar.
4,1917
Mar.
3,1923
July 26,1921
N ov. 7,1922
Mar. 4,1923
N ov.
Mar.
Mar.
7,1923
3,1923
3,1929
State unrepresented in this class from Mar. 4, 1899, to
Mar. 2,1903, because of failure of legislature to elect.
State unrepresented in this class from Mar. 4, 1905, to
June 13,1906, because of failure of legislature to elect.
D o ...........
6 8 th ................ ...1923-1925 ........d o ...........................
Resigned, effective July 2, 1921.
A ppointed b y governor.
Elected to fill unexpired term.
Congress.
N am e of Senator.
1st to 2d........... ...1789-1793
3d to 5 th .......... ...1793-1799
5th.....................
John V ining.............................
5th to 8 th ........ ...1797-1805
8th to 12th. . . . ...1803-1813
13th to 14th. . ...1813-1817
15th to 1 9 th ... ...1817-1827
19th................. ...1825-1827
19th to 2 0 th ... ...1825-1829
21st to 24th___ ...1829-1837
24th to 2 9 th ... ...1835-1847
30th to 32d. . . . ...1847-1853
33d to 3 4 t h .... . . . 1S53-1857
34th................... ...1855-1857
34th to 3 5 th ... ...1855-1859
W illiam H ill W ells.................
James Asheton Bayard, 2 d ..
W illiam H ill Wells........
Nicholas Van D y k e ................
Daniel R od ney........................
Henry M . R idgeley................
John M. Clayton.....................
Thom as Clayton.....................
Presley Spruance....................
John M. C layton.....................
Joseph P . Comegys.................
Com m ence
ment
of service.
Mar.
Mar.
4,1789
4,1793
Jan. 19,1798
Jan. 17,1799
N ov. 13,1804
E xpiration
of term.
Mar.
Mar.
Mar.
Mar.
3,1793
3,1799
3,1805
3,1817
May 28,1813 ........ d o.............
Mar. 4,1817 Mar. 3,1829
N ov. 8,1826 Jan. 12,1827
Jan. 12,1827
Mar. 4,1829
Jan. 9,1837
Mar.
4,1847
Mar.
4,1853
N ov. 19,1856
Jan. 14,1857
Mar. 4,1859
Mar. 4,1871
Mar.
Mar.
3,1829
3,1841
Mar.
Mar.
3,1847
3,1853
Mar.
3,1859
Jan. 14,1857
Mar. 3,1859
Mar. 3,1871
36th to 41st.... ...1859-1871
42d to 50th___ ...1871-1889
51st to 53d....... ...1889-1895
54th to 50th. . . ...1895-1901
A n th o n y H iggins...................
R ichard R . Kenney...............
Mar. 4,1889
Jan. 19,1897
Mar.
Mar.
Mar.
3,1889
3,1895
3,1901
57th to 59th. . . ...1901-1907
James F . A lice ........................
Mar.
Mar.
3,1907
W illard Saulsbury.................
2,1903
01
Remarks.
Resigned Jan. 9, 1798.
Died A ug. 11, 1798.
Resigned N ov. 6, 1804.
Resigned Mar. 3, 1S13.
Died May 21,1826.
B y governor, to fill vacancy.
Resigned in 1836.
Died N ov. 9, 1856.
B y governor, to fill vacancy.
State unrepresented in this class from Mar. 4, 1895, to
Jan. 19,1897, because of failure o f legislature to elect.
State unrepresented in this class from Mar. 4,1901, to
Mar. 2,1903, because of failure o f legislature to elect.
SENATORS OF THE UNITED STATES.
DELAWARE— Continued.
SENATORS OF TH E UNITED STATES.
509
http://fraser.stlouisfed.org/
y
Federal Reserve Bank of St. Louis
FLORIDA.
t—
‘
o
C lass 1.
Name of Senator.
Congress.
; Commence
m ent
of service.
Expiration
of term.
29th to 31st........... 1845-1851
I>avid L evy Yulee
July
1,1845
Mar.
3,1851
32d to 40th............1851-1807
Stephen R . Mallory
Mar.
4,1851
Mar.
3,1863
•
Remarks.
Joint credentials of D avid L e vy and James D . W estcott, jr ., dated July 1, 1845. N am e D avid L evy
changed to D a vid L e v y Y u lee b y an act of the
Legislature of Florida (Sen. Jour., Jan. 12,1846).
Retired from the Senate Jan. 21,1861. Seat declared
vacant Mar. 14,1861. State unrepresented in this
class from Jan. 21, 1861, to June 17, 1868, because
40th.
June 17,1868
1867-1869
Adonijah S. Welch.
.1869-1875
Abijah Gilbert........
Charles W . Jones...
„ Mar.
. Mar.
Samuel Pasco.........
.
.
.
.
Mar.
3,1869
Mar.
3,1875
of Civil W ar.
B y legislature, to fill vacancy in term beginning
Mar. 4, 1863.
41st to 43d..
44th to 49th.
50th to 55th.
.1875-1887
,1887-1899
5 6 t h ............
66th to 58th
.1899-1901
.1899-1905
____ d o ........................
James P. Taliaferro
69th.............
.1905-1907
,1905-1911
.1911-1911
____ d o .......................
____ d o ........................
Nathan P. B ry a n ..
.1911-1917
.1917-1923
1923-1925
____ d o .......................
P ark Tram m ell---------- d o ........................
61st..............
62d...............
62d to 64 th .
65th to 67th
6 8 th ............
4,1869
4,1875
Mar. 4,1887
Mar. 4,1899
A p r. 19,1899
Mar. 4,1905
. A p r. 19,1905
Mar. 4,1911
. A pr. 19,1911
. Mar.
4,1917
Mar. 3,1887
Mar. 3,1899
Apr. 19,1899
Mar. 3,1905
A pr. 19,1905
Mar. 3,1911
Apr. 18,1911
Mar.
Mar.
3,1917
3,1929
o
*1
H
a
a
d
%
o
B y governor, to fill vacancy.
B y governor, to fill vacancy.
B y governor, to fill vacancy.
Elected b y popular vote.
3
t»
29th to 30th.. ...1845-1849
31st to 33d....
July
34th to 40th.. ...1855-1869
40th to 42d___ ...1867-1873
43d to 45th.. . . ...1873-1879
46th to 54th. . . ...1879-1897
55th to 57th.. . ...1897-1903
58th.................. ...1903-1905
58th to 60th ... ...1905-1907
60th.................. ...1907-1909
D o .............
1,1845
4,1849
4,1855
Mar.
Mar.
3,1849
3,1855
Mar.
3,1861
June 18,1868
Mar.
3,1873
Mar.
Mar.
Mar.
Mar.
Mar.
Mar.
3,1879
Mar.
Mar.
Thomas W . O sb orn ...............
W ilkinson Call.........................
Stephen R . M a llory...............
W'illiam 11. Milton .
4,1897
4,1903
Apr. 22,1903
Dec. 26,1907
Mar. 27,1908
Mar. 4,1909
.do.
3,1897
Mar. 3,1903
A pr. 22,1903
Mar. 3,1909
B y governor, to fill vacancy.
D ied Dec. 23,1907.
B y governor, to fill vacancy.
B y governor, to fill vacancy.
Mar. 3,1927
.d o .
D ied Mar. 22,1908.
U N IT E D
61st to 6 7 th .... ...1909-1923
68th..................
........d o .........................................
4,1873
4,1879
Retired from the Senate Jan. 21, 1861.
State
unrepresented in this class from Jan. 21, 1861, to
June 18, 1868, because of Civil W ar.
B y legislature, to fill vacancy in term beginning
Mar. 4,1867.
SEN A TO R S OF T H E
6 9 4 5 4 °— S. D oc. 349, 6 7 - 4
STATES,
Class 3.
....
m-
--
* r ~ -
--■
512
GEORGIA.
C lass 2.
Name of Senator.
Congress.
1703-1797
Mar.
Mar.
1795-1797
1795-1799
N ov. 1C), 1795
Feb. 20,1790
1789-1793
4th
Commence
m ent
of service.
1799-1809
Abraham B aldw in .................
1807-1809
10th to 1 3 th ... ...1807-1813
13th
1813-1815
George Jones............................
W illiam 11. Crawford.............
lftth
Mar. 4,1799
A ug. 27,1807
N ov. 7,1807
W illiam B . B u lloch ............... A pr. 8,1813
W illiam W yatt B ib b ............. N o v . 6,1813
George McIntosh T rou p ........ N ov. 13,1816
N ov. 7,1818
Mar. 3,1793
Mar. 3,1799
Feb. 20,1796
Mar. 3,1799
Mar.
3,1811
N ov.
Mar.
N ov.
Mar.
7,1807
3,1817
6,1813
Mar.
3,1817
3,1823
Remarks.
Resigned in 1795.
B y governor, to fill vacancy.
D ied Mar. 4, 1807.
B y governor, to fill vacancy.
Resigned Mar. 23,1813.
B y governor, to fill vacancy.
Resigned N o v . 9,1816.
Resigned Sept. 23,1818.
Resigned F eb. 17,1819.
Resigned A ug. 8,1821.
1827 1829
21st to 22d....... ...1829-1835
23d t o 2 5 t h . ... ...1833-1839
27th to 32d----- ...1841-1853
1851 1853
33/1 t.nint.h
1853-1809
D ied Sept. 7,1824.
Resigned in 1828.
Resigned Mar. 2, 1833.
Resigned N ov. 1, 1837.
Resigned M ay 28,1852.
B y governor, to fill vacancy.
May 31,1&52
R o b e r t T oom b s......................
Mar.
4,1853
*****
Mar.
R etired from the Senate Feb. 4, 1861. Seat declared
vacant Mar. 14,1861. State unrepresented in this
class from Feb. 4, 1861, to Ju ly 29, 1868, because
3,1865
1
of C ivil War.
STATES,
6,1819 ........do
N ov. 10,1821 Mar. 3,1829
N o v . 4,1824 ........do
N ov. 7,1828
Georgo McIntosh T ro u p ........ Mar. 4,1829 Mar. 3,1835
John Pendleton K in g ............ N o v . 21,1833 Mar. 3,1841
N ov. 22,1837
John Macpherson B e r r ie n ... Mar. 4,1841 Mar. 3,1853
N ov.
1821-1825
U N IT E D
13th to 1 4 th ... ...1813-1817
14th to 1 5 th ... ...1815-1819
4,1789
4,1793
Expiration
o f term.
SENATORS OF T H E
mmm ■
42d to 44th. . . ...1871-1877
45th to 47th. . ...1877-1883
47th................
48th t o 5 3 d ... ...1883-1895
53d..................
D o ............ ........... d o .. ..
54th to 60th.. ...1895-1907
60th .................. ...1907-1909
60th to 62d___ ...1909-1913
6 3 d ...................
Nov. 14,1871
Mar. 4,1877
D ied Aug. 16, 1882.
Nov. 15,1882
Mar. 4,1883
Apr. 2,1894
D ied Mar. 26, 1894.
B y governor, to fill vacancy.
Nov. 7,1894
Mar. 4,1895
Mar.
4,1907
July 9,1907
Mar. 4,1913
July 10,1913
Mar. 4,1914
N ov. 4,1914
Mar. 4,1919
-----do
U N IT E D
D o .............
D o .............
63d to 65th ___ ...1913-1919
66th t o 6 7 t h ... ...1919-1923
68th.................
B y legislature, to fill vacancy in term beginning Mar.
4, 1865. T ook oath on Feb. 24, 1871, as prescribed
in joint resolution approved Feb. 23, 1871.
S E N A T O R S OF T H E
STATES.
513
40th to 41st.. ...1869-1871 1 Homer V. M. M i l l e r ............. July 28,1808
514
Cl a ss 3.
Congress.
Name of Senator.
Comm ence
ment
o f service.
4,1789
4.1801
Mar.
3,1801
Mar.
9th to 11th___ ...1805-1811
11th to 1 5 th ... ...1809-1819
Juno 19,1806
Charles T ait.............................. N ov 27.1809
Mar.
Mar.
3,1807
3.1813
3.1819
. . . 1819-1825
19th to 21st___ ...1825-1831
4.1819
4,1825
9.1829
Mar.
John Macpherson B errie n ...
...1789-1801
...1801-1807
James Jackson.........................
John Milledgo..........................
Mar.
Mar.
Expiration
of term.
Mar.
Mar.
3,1825
3,1831
34th to 40th . . . ...1855-1869
Mar. 3,1837
Alfred Cuthljert...................... Jan. 12.1835 Mar. 3,1843
W alter T . C olquitt................. Mar. 4,1843 Mar. 3.1849
Herschel V . Johnson.............. F eb. 4,1848 ____ d o _______
W illiam C. Dawson................. Mar. 4,1849 Mar. 3,1855
Alfred Iverson......................... Mar. 4,1855 Mari 3,1861
40th to 42<1. . . . ...1869-1873
Joshua H ill..............................
1829-1835
. .1835-1843
28th to 30th . . ...1843-1849
30th................... . .1847* 1849
31st to 33d....... ...1819-1855
Ju ly 28,1868
Mar.
3,1873
Remarks.
Died Mar. 18,1806.
Resigned N ov. 14, 1809.
Resigned Mar. 9, 1829.
Resigned June 27, 1834.
Resigned in February, 1848.
B y governor, to fill vacancy.
Retired from Senate Jan. 28, 1861. State unrepre
sented in this class from Jan. 28, 1861, to July 28,
1868, because o f Civil W ar.
B y legislature, to fill vacancy in term beginning
Mar. 4,1867.
SENATORS OF T H E UNITED STATES,
1
http://fraser.stlouisfed.org/
Federal Reserve
Bank of St. Louis
1
GEORGIA— Continued.
1873-1881
John B. G o r d o n .....................
Mar.
4,1873
Mar.
3,1885
N ov. 16,1880
Mar. 3,1891
Mar. 3,1897
1891-1897
1897-1C09
May 26,1880
Nov. 16,1880
Mar. 4,1891
Mar. 4,1897
61st
1909 1911
1911-1915
Nov. 17,1910 ........do
Dec. 4,1911 ........d o ............
66th tn fifith
1917 1921
1879-1891
D o .......
Mar.
3,1915
Tendered resignation May 14 1880, and retired from
the Senate May 26,1880.
B y governor, to fill vacancy.
Died Nov. 13, 1910.
B y governor, to fill vacancy. Resigned July 14,1911.
Elected July 12, 1911. Took oath Dec. 4,1911. Governor during interim.
1921 1923
67th
D o ............. ......... d o ___
Mar.
Thom as E. W a tson ...............
Mrs. R ebecca L. F elton........
Mar.
Oct.
Nov.
Do
68th
3,1921
Mar. 3,1927
N ov. 7,1922
7.1922 Mar. 3,1927
........do
4,1921
3,1922
Died Sept. 26, 1922.
B y governor, to fill vacancy.
>
H
O
3
S
CO
4
d
H
IDAHO.
Class 2.
Congress.
Name of Senator.
Comm ence
ment
o f service.
51st to 56th...........1889-1901
George L . Shoup.....................
Fred T . D u bois.......................
D ec. 18,1890
Mar. 4,1901
Mar.
57th t o 59th..........1901-1907
Mar.
3,1907
60th to 6 7 th ......... 1907-1923
W illiam E. Borah...................
Mar.
Mar.
3,1925
68th........................ 1923-1925
4,1907
Expiration
o f term.
3,1901
Remarks.
T
Class 3.
51st................... ...1889-1891
52d to 51th___ . . . 1891-1897
William J. M cC onn ell...........
Dec. 18,1890
Mar.
3,1891
Fred T . D u b o is .......................
Mar.
4,1891
Mar.
3,1897
55th to 5 7 th ... ...1897-1903
5Sth to 62d___ ...1903-1913
Henry H eitfeld ........................ Mar. 4,1897
W eldon B. H e y b u r n ............. Mar. 4,1903
Kirtland I. P e rk y ................... Nov. 18,1912
Mar.
3,1903
Mar.
3,1915
62d.................... ...1911-1913
62d to 6 5 th .... ...1911-1917
65th to 6 6th... ...1917-1921
66t h .................
67th................. ...1921-1923
. . . 1923-1925
68t h ................
Jan. 24,1913
Mar. 3,1921
James H . B r a d y ...................... Jan. 24,1913
Jan. 22,1918
Frank R . G ood in g................. Jan. 15,1921 Mar. 3,1921
........d o............ Mar. 3,1927
........d o ............ ........d o ............
Died Oct. 17,1912.
B y governor, to fill vacancy.
I
Died Jan. 13, 1918.
B y governor, to fill vacancy. Resigned.
B y governor, to fill vacancy.
Cn
^1
H
s ^ !lt° VI> )
-pnoaHns
^UO ^JJO JL
S0JB15 JO ’S ja ip v
IIJSUOQ JO
Congress.
Name of Senator.
D ec.
15th to 20th . . - ...1817-1829
21st................... ...1829-1831
3,1818
Mar. 4,1829
N ov. 12,1830
D o ............
21st to 2 6 th .... ...1829-1841
D ec. 11,1830
Mar. 4,1841
Aug. 16,1S43
27th to 28th . . . ...1841-1845
28th to 29th. . . ...1843-1847
D o ............
30th to 37th. . . ...1847-1863
37th................... ...1861-1863
37th to 3 8th . . . ...1861-1865
39th to 4 1 s t ... ...1865-1871
Dec. 11,1844
Mar. 4,1847
June 26,1861
W illiam A . R ichardson......... Jan. 12,1863
Mar.
42d to 44th___ . . 1871-1877
45th to 4 7 th ... ...1877-1883
48th to 62(1. .
.1883 1913
63d to 65th___ .. .1913 1919
Comm ence
ment
of service.
/
James Hamilton Lew is.........
Mar.
Mar.
Expiration
of term.
Mar.
3,1829
Mar.
3,1835
Dec. 11,1830
Mar. 3,1841
Mar. 3,1847
Dec. 11,1844
Mar. 3,1817
Mar.
3,1865
4,1865
4,1871
Jan. 12,1863
Mar. 3,1865
Mar. 3,1871
Mar. 3,1877
4,1877
Mar.
Mar. 4,1883
Mar. 26,1913
Mar.
Mar.
3,1883
3,1913
3,1919
Mar.
Mar.
3,1925
Died Oct. 14,1830.
B y governor, to fill vacancy.
Died Mar. 27, 1843.
B y governor, to fill vacancy.
Died June 3, 1861.
B y governor, to fill vacancy.
State unrepresented from Mar. 4, to Mar. 26,1913, be
cause of recess of legislature.
66th to 6 7 th ... ...1919-1923
fisth................... . .1923-1925
4,1919
Class 3.
.1817-1825
.1823-1825
.1825-1835
.1S33-1837
31st to 33d. .
,1849-1855
.1837-1843
.1843-1849
Ninian E d w ard s....................
John M cLean.........................
Elias K . K a n e .......................
William Lee D. E w in g.........
Richard M. Y ou n g................
Sidney Breese........................
James Shields.........................
Dec.
Nov.
Mar.
Dec.
Mar.
Mar.
Mar.
3,1818
23,1824
4 1825
30,1835
4,1837
4,1843
4,1849
,
Mar.
3,1825
Resigned Mar. 4,1824.
Mar.
3,1837
Died D ec. 11,1835.
Mar.
Mar.
Mar.
3,1843
3,1849
3,1855
State unrepresented in this class from Mar. 16, 1849,
to Dec. 2,1849, Mr. Shields not having been a citi
zen the term of years required b y law.
quently elected for the term.
34th to 42d.
43d to 45th.
.1855-1873
.1873-1879
.1879-1887
.1885-1891
,1891-1897
55th to 57th
58th to 60th
61st to 62d..
,1897-1903
.1903-1909
1909-1913
Mar. 4,1855
Mar. 4,1873
Mar. 4,1879
Jan. 19,1887
Mar. 4,1891
Mar. 4,1897
Mar. 4,1903
June 18,1909
Mar.
Mar.
Mar.
3,1873
3,1879
3,1891
D ied Dec. 26,1886.
Mar.
Mar.
Mar.
Mar.
3,1897
3,1903
3,1909
3,1915
State unrepresented in this class from Mar. 4,1909, to
U N IT E D
46th to 49th
49th to 51st.
52d to 54th.
Lym an T rum bu ll.................
Richard J. O glesby..............
John A . Logan.......................
Charles B. F arw ell................
John McAuley Palm er.........
William E . Mason................
Albert J. Hopkins.................
William Lorimer...................
Subse
sentatives until June 17,1909.
July 13, 1912.
.1913-1915
64th to 66th.
.1915-1921
67th............. .
6 8 t h .............
.1921-1923 William B. M cKinley. .......
1923-1925 ....... d o ............. ........................
Lawrence Y . Sherman.........
Mar. 26,1913
Election held illegal
STATES.
May 27,1909,because of failure of legislature to elect,
and also from May 27,1909, to June 17,1909, because
Mr. Lorimer did not resign from House of Repre
63d............
S E N A T O R S OF T H E
15th to 18th
18th ............. .
19th to 24th.
24 t h .............
25th to 27th.
28th to 30th.
State unrepresented in this class from July 14,1912, to
Mar. 26,1913, because of recess of legislature.
a 1991
Mar.
3,1927
519
*
Mar. 4,1921
Mar
INDIANA.
Class 1.
Congress.
Name of Senator.
14th to 21st___ ...1815-1831
22d.................... ...1831-1833
22(1 to 2 5 t h .... ...1831-1839
R obert H anna.........................
26th to 28th .. ...1839-1845
29th to 3 7 th .. ...1845-1883
37 th................. ...1861-1863
N ov.
Jolm T ip to n .............................
A lbert S. W hite...........
Jesse D. Bright........................
Joseph A. W righ t...................
D o ............
38th to 40th.. ...1863-1869
41st to 43(1___ ...1869-1875
44th to 4 6 th ... ...1875-1881
47th to 49t h . . . ...1881-1887
...1887-1899
56th to 61st___ ...1899-1911
62d to 64 th ___ ...1911-1817
65th to 67th ...
68t h ................. ...1923-1925
Commence
ment
of service.
Samuel M. R alston ...............
8,1816
A ug. 19,1831
D ec. 9,1831
Mar. 4,1839
Mar. 4,1845
Feb. 24,1862
Jan.
14,1863
Mar.
Mar.
4,1863
4,1869
Mar.
Mar.
4,1875
4,1881
Mar.
Mar.
Mar.
Mar.
Mar.
Expiration
o f term.
Mar.
Dec.
3,1833
9,1831
Mar.
Mar.
3,1839
3,1845
Mar.
3,1863
Jan. 14,1863
Mar. 3,1863
Mar. 3,1869
Mar. 3,1875
Mar.
3,1881
4,1887
4,1899
4,1911
Mar.
Mar.
3,1887
3,1899
Mar.
Mar.
3,1911
3,1917
4,1917
4,1923
Mar.
Mar.
3,1923
3,1929
Remarks.
Died Feb. 26, 1831.
B y governor, to fill vacancy.
E xpelled Feb. 5, 1862.
B y governor, to fill vacancy.
■PMBSP
Class 3.
14th to 1 8th.. ...1815-1825
19th to 24th.. ...1825-1837
25th to 27th.. ...1837-1843
28th to 30th.. ...1843-1849
31st to 32d___ ...1849-18.53
32d.................. ...1851-1853
3 2d to 33d....... ...1853-1855
34th to 36th. . . ...1855-1861
37th to 39th. . . ...1861-1867
40th to 45th. . . .. 1867-1879
45th..................
Waller T aylor.................
William H endricks.......
Oliver H . S m ith ............
Edward A . H annegan..
James W h itco m b ..........
Charles W . C a th ca rt.. .
John P e ttit......................
Graham N. F itch ..........
6 8th .................
■
* j1
xopnj |,U00
8,1816
Mar.
4,1825
Mar.
Mar.
4,1837
Mar.
4,1843
Mar.
Mar.
Feb.
Mar.
3, 1861
3, 1867
3, 1879
31, 1879
4,1857
Mar.
4,1861
Mar.
Mar.
4,1867
Mar.
Daniel W . Voorhees___
Nov.
6,1877
Jan.
Mar.
Thom as T aggart.............
James E. W atson ............
....... d o ............................... .
3 1849
3 1855
Jan. 11 1853
Mar. 3 1855
Mar.
H enry S. Lane...............
James A . H e m e n w a y ...
Benjamin F. S hively___
3,1825
3 1837
3 1843
Mar. 4,1849
Nov. 23,1852
Jan. 11,1853
O liver H. P. T. Morton
45th to 54th. . . ..1877-1897 ........d o ................................
55th to .58th. . . ..1897-1905 Charles W . Fairbanks..
59th to 60th. . . ..1905-1909
61st to 6 4 th .... ..1909-1915
64th..................
65th to 67th.. . ..1917-1923
Nov.
Mar.
Jan. 31,1879
Mar. 4,1897
Mar.
Mar.
Mar.
3, 1897
3, 1909
Died Oct. 4, 1852.
B y governor, to fill vacancy.
State unrepresented in this class from Mar. 4,1855, to
Feb. 4,1857.
Died Nov. 1, 1877.
B y governor, to fill vacancy.
Resigned Mar. 3, 1905, having been elected
President.
4,1905
4,1909
Mar. 27,1916
Nov. 8,1916
Mar.
Nov.
Mar.
3, 1921
7, 1916
3, 1927
Died Mar. 14, 1916.
B y governor, to fill vacancy.
Vice
Ol
IOWA.
to
to
Class 2.
Congress.
Name of Senator.
Comm ence
ment
of service.
Expiration
of term.
30th to 35th. . . ...1847-1859
36th to 41st___ ...1859-1871
41st................... . .1869-1871
Dec.
7,1848
Mar.
3,1859
Mar.
4,1859
18,1870
Mar.
3,1871
42d to 44th___ ...1871-1877
45th to 47th. . . ...1877-1883
Mar.
Mar.
4,1871
Mar.
3,1877
4,1877
Mar.
47th................... ...1881-1883
Mar.
8,1881
Jan.
3,1883
18,1882
D o ............
48th to 53d. . . . .1883-1895
Jan.
18,1882
Mar.
4,1883
4,1895
Mar.
Mar.
Mar.
. .1895-1901
Mar.
3,1883
3,1895
3,1901
Remarks.
Resigned Dec. 6,1869.
Resigned Mar. 7,1881.
B y governor, to fill vacancy.
Died July 14, 1900.
Had been reelected for the term
beginning Mar. 4,1901.
56th................... .
1899-1901
57th................. ...1901-1903
...1901-1911
61st to 62d
..1909-1913
Mar. 3,1901
Jan. 21,1902
B y governor, to fill vacancy.
Jan. 21,1902
N ov. 12,1910
Mar.
Died Oct. 15, 1910.
B y governor, to fill vacancy.
Apr. 12,1911
62d to 66th. . . ...1911-1921
67th.................. ...1921-1923
Do
........d o . . . .
Do .
....... d o ___
.1923-1925
68th
Aug. 22,1900
Mar. 4,1901
Charles A. Rawson . .
Sm ith W . Brookhart.
___ d o ...........................
F eb. 24,1922
N ov. 7,1922
.d o .
3,1913
Apr. 11,1911
Mar. 3,1921
Mar. 3, 1925
Nov.
7,1922
Do.
Resigned Feb. 24, 1922.
B y governor, to fill vacancy.
Mar. 3,1925
.d o .
A
Class 3.
30th to 33d............1847-1855
Augustus C. D odge.
Dec.
7,1848
Mar.
3,1855
34t h .......................1855-1857
84th to 39th..........1855-1867
James H arlan............
Mar. 4,1855
Jan. 17,1857
Mar.
Mar.
3,1861
3,1867
39th........................1865-1867
Samuel J. K irkw ood
Jan.
13,1866
40th to 42d........... 1867-1873
43d to 60th........... 1873-1909
James H arlan............
W illiam B . A llison ..
Mar.
Mar.
4,1867
4,1873
Seat declared vacant Jan. 12,1857.
Subsequently elected. Resigned May 15, 1865.
State unrepresented in this class from May 16,1865,
to Jan. 12,1866.
Mar.
Mar.
3,1873
3,1909
Died Aug. 4,1908.
State unrepresented in this class
from Aug. 4, to N ov. 24,1908, because of failure of
legislature to elect.
60th to 67th......... 1907-1923
68th........................1923-1925
| xopii| 1,1199 f
s,o:*HJO'W0)
Albert B . Cum m ins.
, r~~■■ f
iJnoQ "dr|Q
___ Z R310IVn
Nov. 24,1908
Mar.
3,1927
Or
N>
C lass 2.
Congress.
Name of Senator.
Comm ence
ment
o f service.
37th to 39th
39th.............
.1861-1867
James II. Lane........................
A pr.
.1865-1867
E dm u nd Q. R o ss...................
39th to 41st.
42d to 43d
43d
1865-1871
1871-1875
1873-1875
1873-1877
July 19,1866
Jan. 23,1867
Alexander Caldwell...............
R obert Crozier.........................
James M. Ila r v e y ...................
Preston B. P lu m b ..................
Mar.
43d to 44th
45th to 52d
52d
4,1861
4,1871
N ov. 24,1873
Feb. 2,1874
57th to 59th
59th
59th to 62d
1877-1893
1891-1893
1S93-1895
1895-1901
1901-1907
1905-1907
Lucien B ak er..........................
Joseph It. B urton...................
Alfred W . Benson...................
1905-1913
Charles Curtis..........................
Mar. 4,1901
June 11,1906
Jan. 23,1907
63d to 65th
66th to 67th
6 8 th .............
1913-1919
.1919-1923
1923-1925
W illiam II. Thom pson..........
A rthur Capper........................
Mar.
Mar.
53d
54th to 56th
Bishop \V. Perkins.................
John M artin.............................
Mar.
4,1877
Jan.
Mar.
Mar.
1,1892
4,1893
4,1895
4,1913
4,1919
E xpiration
of term.
Mar.
3,1871
Jan. 23,1867
Mar. 3,1871
Mar. 3,1877
Feb.
Mar.
Mar.
Mar.
Mar.
2,1874
3,1877
3,1895
3,1893
3,1895
Mar.
3,1901
Mar. 3,1907
Jan. 23,1907
Mar.
3,1913
Mar.
3,1919
Mar.
3,1925
Remarks.
Died July 11,1866.
B y governor, to fill vacancy.
Resigned Mar. 24,1873.
B y governor, to fill vacancy.
Died Dec. 20,1891.
B y governor, to fill vacancy.
Resigned June 4, 1906.
B y governor, to fill vacancy.
SENATORS OF T H E UNITED STATES,
KANSAS.
3 7 t h t.o 42(1
1861-1873
1873-1891
1891-1897
1 8 9 7 -1 9 0 3
-,8 th t.n fiOt.h
«4th fn fi7th
1903-1909
1909-1915
1915-1923
1093.109.5
Samuel C. P o m eroy...............
Apr.
Mar.
Mar.
Mar.
Mar.
Mar.
Mar.
4,1903
Mar.
Mar.
Mar.
Mar.
Mar.
4,1909
4.1915
Mar.
Mar.
4,1861
4,1873
4 ,1S91
4,1897
3,1873
3,1891
3,1897
3,1903
3,1909
3,1915
3,1927
SENATORS OF T H E U NITED STATES,
Class 3.
Or
to
526
Congress.
2d to 8 th . . .
9th to 11th.
11th.............
12th to 13th
13th..............
13th to 14th
14th..............
D o........
13th.............
16th to 20th
21st to 23d. .
24th to 26th.
27th to 29th.
30th to 32d..
33d to 35th..
36th to 3.3th.
39th to 40th.
40th to 41st..
42d to 44th..
.1791-1805
.1805-1811
.1809-1811
.1811-1815
.1813-1815
. 1S13-1S17
.1815-1817
---- d o ___
.1817-1819
.1819-1829
.1829-1835
.1835-1841
.1841-1847
.1847-1853
.1853-1859
.1859-1865
.1865-1869
.1867-1871
1871-1877
N am e of Senator.
John Brown...................
Buckner Th ruston ___
H enry C la y ...................
George M. B ib b ............
George W alker..............
William T. B a r ry ........
Martin D. H ardin........
........ d o ..............................
John J. Crittenden........
Richard M. John son . . .
George M. B ib b .............
John J. Crittenden........
Jam es T. Morehead___
Joseph It. Underwood.
John B . Thom pson___
L azarus W. Powell........
Jam es Guthrie................
Thom as C. McCreery...
John W. Stevenson___
Commence
ment
of service.
Jun e
Mar.
Jan.
Mar.
Aug.
Dec.
Nov.
Dec.
Mar.
Dec.
Mar.
Mar.
Mar.
Mar.
Mar.
Mar.
E xpiration
of term .
18 1792 Mar.
4 1805 Mar.
4 1810
4 1811 Mar.
30, 1814 Dec.
16, 1814 Mar.
13, 1816 Dec.
5, 1816 Mar.
4, 1817 Mar.
10, 1819 Mar.
4, 1829 Mar.
4, 1835 Mar.
4, 1841 Mar.
4, 1847 Mar.
4, 1853 Mar.
4, 1859 Mar.
4, 1865 Mar.
Feb. 19, 1868
Mar. 4. 1871 Mar.
3 1805
3 1811
3
16
3
5
3
3
R em arks
Resigned Dec. 18, 1809.
1817 Resigned Aug. 23, 1814.
1814 B y governor, to fill vacancy.
1817 Resigned in 1816.
1816 B y governor, to fill vacancy.
1817
1823 Resigned Mar. 3, 1819.
3, 1829
3, 1835
3, 1841
3, 1847
3, 1853
3, 1859
3, 1865
3, 1.871 Resigned F eb. 7, 1868.
3. 1877
SENATORS OF THE UNITED STATES.
C lass 2.
§
5
^
'
g
w
-'C
06
45th to 51st............1877-1891 Jam es B. B eck..........................
51st to 52d............. 1889-1893 John G. Carlisle........................
52d to 56th........... 1891-1901 William L in d say ......................
57th to 59th...........1901-1907 Joseph C. S. B la ck b u rn ........
60th to 62d........... 1907-1913 Thomas II. P ay n te r...............
63d to 65th...........1913-1919 Ollie M. Ja m e s.........................
65th........................ 1917-1919 George B . M artin....................
66th to 67th......... 1919-1923 A. Owsley S tan ley .................
68th....................... 1923-1925 ........d o ..........................................
l’ -------------------------w
Mar.
May
Feb.
Mar.
Mar.
Mar.
Sept.
Mar.
4,1877
17,1890
15,1893
4,1901
4,1907
4,1913
7,1918
4,1919
Mar.
3,1895
Mar. 3,1901
Mar. 3,1907
Mar. 3,1913
Mar. 3,1919
Mar. 3,1919
Mar. 3,1925
Died May 3,1890.
Resigned Feb. 4,1893.
Died Aug. 28, 1918.
B y the governor, to fill vacancy.
SENATORS OF THE UNITED STATES.
527
V
528
C lass 3.
Congress.
N am e of Senator.
Commence
ment
of service.
.. .1791-1795
4 th to 6 th ___ ...1795-1801
7th to 9 th ___ ...1801-1807
9th.................... ...1805-1807
D o .............
10th to 12th. . ...1807-1813
13th.................. ....1813-1815
Ju n e
Mar.
John Breckinridge.................. Mar.
N ov.
H enry C lay ............................... N ov.
Mar.
Jesse Bledsoe............................. Mar.
18,1792
4,1795
4,1801
8,1805
19,1806
4,1807
4,1813
13th to 1 5 th ..
16th..................
16th to 18th..
19th to 2 ls t ...
22d to 2 7 th ...
27th to 30th ..
30th..................
D o .............
31st t o 3 2 d .. .
I sham T a lb o t...........................
W illiam Logan.........................
isham T a lb o t...........................
5,1815
4,1819
21,1820
10,1825
10,1831
31,1842
23,1848
3 2d.....................
E xpiration
of te m.
Mar.
Mar.
Mar.
3,1795
3,1801
3,1807
Mar.
Mar.
3,1813
3,1819
Mar.
3,1825
3,1831
3,1843
3,1849
3,1849
3,1849
3,1855
...1813-1819
...1819-1821
...1819-1825
. .1825-1831
. .1831-1843
...1841-1849
.. .1847-1849
Ja n .
Mar.
Oct.
Nov.
Nov.
John J . Crittenden.................. Mar.
Ju n e
...1849-1853
H enry C la y ...............................
Mar.
4,1849
Mar.
Mar.
Mar.
Ja n .
Mar.
Mar.
D a v id Meriwether..................
Ju ly
6,1852
Sept. 1,1852
Remarks.
Resigned Aug. 7,1805.
Resigned in 1806.
Resigned Dec. 24, 1814. Declared by Senate resolu
tion of Ja n . 20, 1815, as having resigned.
Resigned in 1820.
Resigned Mar. 31, 1842.
Resigned Juno 12, 1848.
B y governor, to fill vacancy.
Resigned Dec. 15,1851, to take effect first M onday in
Sep t., 1852. Died Ju n e 29, 1852.
B y governor, to fill vacancy.
SENATORS OF THE UNITED STATES.
KENTUCKY— Continued.
f
John C. Breckinridge..............
1861 1873
42d................... ...1871-1873
I>o
Willis B . M achen........... 1-----
43d to 45th
Thomas C. McCreery..............
John S tu art W illiam s............
Joseph C. S . B lack b u rn ........
1873-1879
46th to 4 8 th .. ...1879-1885
49th to 5 4 th ... ...1885-1897
1897 1903
58th to 60th.. ...1903-1909
1909-1915
fi3d
1913-1915
Do
64th to 6 6 th ... ...1915-1921
67th................... ...1921-1923
Sept. 1,1852
4,1855
Mar. 4,1861
Dec. 10,1861
Sept. 27,1872
Jan. 21,1873
Mar. 4,1873
Mar. 4,1879
Mar. 4,1885
Mar. 4,1897
Mar. 4,1903
Mar. 4,1909
June 16,1914
Nov. 3,1914
Mar. 4,1915
Mar. 4,1921
Mar.
Jam es B . M cCreary................
Johnson N . Cam den...............
John C. W. B eck h am ............
R ichard P . E r n s t....................
Mar.
Mar.
Mar.
Mar.
Jan .
Mar.
Mar.
Mar.
Mar.
Mar.
Mar.
Mar.
Nov.
Mar.
Mar.
Mar.
3,1855
3 ,1S61
3,1867
3,1873
21,1873
3,1873
3,1879
3,1885
3,1897
3,1903
3,1909
3,1915
3,1914
3,1915
3,1921
3,1927
Expelled Dec. 4,1861.
Died Sept. 22, 1872.
B y governor, to fill vacancy.
Died May 23,1914.
B y governor, to fill vacancy.
SENATORS OF THE UNITED STATES.
529
1R51 1855
1855-1861
37th .................. ...1861-1863
32d to 33d
s^i',[Q V [<): pnoj-dns
***
m
saws 1° 'Siuipv
<i,»suo0 4°
530
Class 2.
Congress.
12th................... ...1811-1813
D o .............
12th to 1 4 th ... ...1811-1817
15th................... ...1817-1819
15th to 18th . . ...1817-1825
18th to 20th. . ...1823-1820
21st to 22d. . . ...1829-1833
22d to 2 3 d .... ...1831-1835
24th to 26th .. ...1835-1841
Name of Senator.
i
Commence
ment
of service.
John N . Destr<5han...
Sept. 3,1812
Thom as I’ osey............
James B ro w n ..............
W . C. C. C laiborne...
O ct.
Dec.
Ilenry Johnson..........
D om inique Bouligny
Edward Livingston
George A . Waggaman
R ob e rtC . N icholas...
8,1812
1,1812
Mar. 4,1817
Jan. 12,1818
N ov. 19,1824
Expiration
oi term.
Remarks
Mar.
D ec.
Mar.
3,1817
1,1812
3,1817
(N ot sworn.)
Mar.
Mar.
3,1823
3,1829
Died N ov. 23, 1817.
Resigned May 27, 1824.
4,1829 Mar. 3,1835
N ov. 15,1831 ........d o .............
Jan. 13,1836 Mar. 3,1841
Mar.
Resigned Oct. 1, 1812.
B y governor, to fill vacancy.
Resigned May 24, 1831.
Elected in place of Chas. E . A . Gayarre, who did not
qualify; State unrepresented in this class from Mar.
4, 1835, to Jan. 13, 1836.
27th to 20th...........1841-1847
29th..........................1845-1847
Alexander Harrow..
. Mar.
4,1841
Jan 21 1847
Mar. 4,1847
Mar.
3,1847
30th to 32d............ 1847-1853
33d to 40th............ 1853-1861
Pierre Soul£...............
Solom on W . Downs
Judah P . Benjamin
. Mar.
4,1853
Mar.
Mar.
3,1853
3,1865
40th to 41st........... 1867-1871
John S. Harris
. July
8,1868 | Mar.
3,1871
42d to 44t!l............ 1871-1877
J. K odm an W e st...
45th to 47th...........1877-1883
W illiam P . Kellogg
R andall L . Gibson
. Mar.
. Mar.
Mar.
4,1871
4,1877
4,1883
Mar.
Mar.
3,1877
3,1883
481 h to 52d............ 1883-1893
52d to 53d.............. 1891-1895
Died Dec. 29, 1846.
Retired Feb. 4, 1861. Seat declared vacant Mar. 14,
1861. State unrepresented in this class from Feb.
4, 1861, to July 8, 1868, because of C ivil W ar.
B y legislature, to fill vacancy in term beginning Mar
4, 1865.
D onelson Caffery..
Mar. 3,1895
. Dec. 31,1892 j May 23,1894
Died Dec. 15,1892.
B y governor, to fill vacancy.
SENATORS OF TH E UNITED STATES.
L O U IS IA N A .
May 23,1894
1H93-1001
63d to 67th........... 1913-1923
frgth
1023 1025
Murphy J. F o s te r...................
Joseph E. R a n sd ell................
Mar.
Mar.
4,1901
4,1913
Mar.
Mar.
3,1901
3,1913
Mar. 3,1925
....... d o ............ ........d o .............
SEN A TO R S OF T H E U N IT E D STATE S
531
tn eifttVi
57th to 62d........... 1901-1913
mmmm
L O U IS IA N A — C o n tin u e d .
C lass 3.
Congress.
12th.........................1811-1813
13th to 15th...........1813-1819
Comm ence
m ent
of service.
N ame of Senator.
A llan B. Magruder
16th to 18th...........1819-1825
Eligius From entin.
James B row n .........
18th to 23d............ 1823-1835
Josiah S. Johnston.
.
.
.
.
23d to 24th
Alexander Porter
. Dec. 19,1833
Alexander Mouton
Charles M. Conrad.
. Jan. 12,1837
A pr. 14,1842
Mar.
3,1843
Henry Johnson___
Feb. 12,1844
Mar.
3,1849
31st to 33d............. 1849-1855
33d to 40th............ 1853-1869
Pierre Sould..............
John Slidell............. .
Mar. 4,1849
A pr. 28,1853
Mar.
Mar.
3,1855
3,1861
40th to 44th.......... 1867-1873
W illiam P. K ellogg.
July
8,1868
Mar.
3,1873
44th to 45th
1875-1879
12,1876
Mar.
3,1879
1879-1885
James B. Eustis
Benjam in F. Jonas........
Jan.
46th to 48th
Mar.
4,1879
Mar.
3,1885
1833-1837
24th to 27th...........1835-1843
27th......................... 1841-1843
28th to 30th...........1843-1849
Sept. 3,1812
Mar. 4,1813
Mar. 4,1819
Jan. 15,1824
E xpiration
of term.
Mar.
3,1813
Mar.
Mar.
Mar.
3,1819
3,1825
3,1837
Remarks.
Resigned Dec. 10,1823.
Died May 19,1833. State unrepresented in this class
from May 20 to Dec. 18,1833.
Resigned Jan. 5, 1837; subsequently elected for term
beginning Mar. 4,1843, b u t did not qualify.
Resigned Mar. 1, 1842.
Alexander Porter was elected for this term. Did not
present credentials nor qualify. State unrepre
sented in this class from Mar. 4, 1843, to Feb. 12,
1844.
Resigned A pr. 11, 1853.
Retired from the Senate Feb. 4 , 1861. State unrepre
sented in this class from Feb. 4,1861, to July 8,1868,
because of Civil War.
B y legislature, to fill vacancy in term beginning Mar.
4,1867. Resigned N ov. 1,1872. State unrepresented
in this class from N ov. 1, 1872, to Jan. 12, 1876.
Mar.
3,1891
52d to 53d___ ....1891-1895
Mar.
3,1897
6lst to 6 3 d ........1909-1915
64th.................. ....1915-1917
65th................. ...1917-1919
66th................. ...1919-1921
67th................. ...1921-1923
6 8th ................. ...1923-1925
M ay 22,1894
Mar. 3,1897
Mar.
Resigned Mar. 12, 1894.
B y governor, to fill vacancy.
3,1915
Died June 28,1910. State unrepresented in this class
from June 29, 1910, to Dec. 6,1910.
Mar.
3,1921
N ov.
5,1918
Died A pr. 12,1918.
B y governor, to fill vacancy.
John R . T h orn ton ..................
Dec. 7,1910
R obert F . Broussard............. Mar. 4,1915
W alter G u io n ......................... Apr. 22,1918
E d w a rd J. G a y ..................... N ov. 6,1918
E d w in S. B roussard............. Mar. 4,1921
........d o ............
Mar. 3, 1921
Mar.
3,1927
SENATORS OF TH E UNITED STATES.
533
James B. E u stis...................... Mar. 4,1885
Edward D . W h ite .................. Mar. 4,1891
53d.................. ....1893-1895 N ewton C. B lanchard........... Mar. 12,1S94
53d to 5 4 th ... ....1893-1897 ........d o ......................................... May 23,1894
55th to 61st. . . ...1897-1909 Samuel D . M cE n ery.............. Mar. 4,1897
49th to 51st. . . ...1885-1891
534
C lass 1.
Congress.
Name of Senator.
16th to 19th..........1819-1827
June 13,1820
Mar. 4,1827
Jan. 15,1829
20th........................ 1827-1829
20th to 2 2d ............1827-1833
23d to 24th............1833-1837
?0 th ........................ 1847-1849
30th to 34th..........1S47-1S57
34th........................ 1855-1857
35th to 36th..........1857-1861
Jan. 16.1857
Mar. 4,1857
Jan. 9,186l
36th to 40th..........1859-1809
41st to 4 0th...........1809 1881
62d to 64th............1911-1917
........d o .......................................
Mar.
Mar.
4,1869
4,1881
Mar.
4,1911
Mar.
4,1917
3,1827
3,1833
— d o ............
Mar. 3,1839
Feb. 22,1837
Mar. 3,1845
Mar. 3,1851
May 26,1848
Mar. 3,1857
— d o ............
Mar.
Mar.
Mar.
Mar.
3,1863
3,1869
Resigned Aug. 26, 1828.
Resigned Mar. 3, 1836.
B y governor, to fill vacancy.
Resigned in 1843.
Died Dec. 24, 1847.
B y governor, to fill vacancy.
Resigned Jan. 7, 1857.
Resigned Jan. 7, 1861, to take effect Jan. 17,1861
3,1881
3,1911
Mar. 3,1917
Mar. 3,1929
do
STATES.
Eugene H ale.............
Mar.
Mar.
Remarks.
U N IT E D
Feb. 22,1837
Mar. 3,1843
Jan.
5,1848
May 26,1848
28th to 30th..........1843-1849
65th to 67th..........1917-1923
68th....................... 1923-1925
4,1833
7,1836
Exp >iration
of term.
OF T H E
Mar.
Dec.
24th........................ 1835-1837
25th to 2 7th..........1837-1843
47th to 01st...........1881-1911
Commence
ment
of service.
SENATORS
MAINE.
Class 2.
16th to 20th
21st to 23d
June 14,1320
Mar.
3,1829
Mar.
4,1829
Mar.
Jan. 20,1835
Mar. 4,1841
Mar.
Mar.
3.1835
3,1841
James W . B ra d bu ry..............
W illiam P itt Fessenden........
Mar.
4,1847
Mar.
4,1853
Mar.
Mar.
Nathan A . Far-well.................
O ct. 27,1864
Jan. 11,1865
W illiam P itt Fessenden........
Mar. 4, 1865
Oct. 30,1869
Jan. 19,1870
. .1319-1829
. .1829-1835
23d to 26t,h . . ...1833-1841
27t.h t.o 29t.h
1841 1847
3flth t o 32d
1847-1853
33d to 3 8 t h .... ...1853-1865
...1863-1865
38th
Do
1875-1881
Do
47th to fi2r1
1SS1 1913
fi2ri
Do
A3d to fi4th
. .1911 1913
1913-1917
Obadiah Gardner....................
July
Jan.
Mar.
Sopt.
10,1876
16,1877
15,1881
23,1911
Apr.
Mar.
2,1912
4,1913
3,1865
Jan. 11,1865
Mar. 3,1865
Mar. 3,1871
Jan. 19,1870
Mar. 3 ,1S77
Jan. 16,1877
Mar. 3,1883
Mar. 3,1913
Apr. 2,1912
Mar. 3,1913
Mar. 3,1919
B y governor, to fill vacancy.
Died Sept. 8, 1869.
B y governor, to fill vacancy.
Resigned July 7, 1876.
B y governor, to fill vacancy.
Resigned Mar. 5,1881.
Died Aug. 8, 1911.
B y governor, to fill vacancy.
Died Juno 16,1916. State unrepresented in this class
from Juno 17 to Sept. 11,1916, because of recess of
legislature.
1915-1923
1023-1025
Sept. 12,1916
Mar.
3,192.')
STATES.
-
Resigned July 1, 1864.
U N IT E D
Do
44th to 47th
3,1847
3,1853
OF T H E
39th to 41st.... ...1865-1871
1869-1877
Resigned Jan. 1,1835.
SEN ATO R S
535
I
536
C lass 1.
Congress.
N am e of Senator.
1st to 2 d .......... .. 1789-1793 C. Carroll, of Carrollton.........
2d to 4th.......... ...1791-1797 R ichard P otts..........................
4th to 7th........ ...1795-1803
8th to 1 3th ... . ...1803-1815
D o ...........
........ d o .........................................
D o ...........
1 4 th ................. ...1815-1817 R obert G. Harper...................
14th to 1 6 th ... ...1815-1821
16th to 17th . ...1819 1823
17th to 22d___ ...1821-1833
23d to 25th .... ...1833-1839
25th to 2 8 th ... ...1837-1845
29th to 31st___ ...1845-1851
Commence
ment
of service.
Mar.
Expiration
of term.
4,1789
Mar.
3,1797
N ov. 30,1796
Mar. 4,1803
Mar.
Mar.
3,1803
3,1809
Mar.
N ov. 16,1809
Mar. 3 1815
Mar. 3,1821
4,1809
N ov. 16,1809
Jan. 29,1816
Dec. 20,1816
Remarks.
Resigned in 1792.
Resigned O ct. 24, 1796.
B y governor, to fill vacancy.
Resigned in 1816.
Died Apr. 23, 1819.
Dec. 21,1819
Dec. 16,1822
Mar.
Mar.
3,1827
3,1833
Died Feb. 25, 1822.
Mar.
Jan.
4,1833
4,1838
R everdy Johnson....................
Mar.
4,1845
Mar.
Mar.
Mar.
3,1839
3,1845
3,1851
Died N ov. 24, 1837.
W illiam D . Merrick................
Resigned Mar. 7, 1849.
SENATORS OF THE UNITED
MARYLAND.
38th to 40th...,....1863-1869
40th.................. ...1867-1869
41st to 43d....... ...1869-1875
56th to 58th....,...1899-1905
59th to 62d----- ...1905-1911
62 d ................... ...1911-1913
4,1863 Mar. 3,1869
July 13,1868 ........ d o ..............
William T . H am ilton............ Mar. 4,1869 Mar. 3,1875
W illiam Pinkney W h y te ___ Mar. 4,1875 Mar. 3,1881
Arthur P. G orm an.................. Mar. 4,1881 Mar. 3,1899
Louis E . M cCom as................. Mar. 4,1899 Mar. 3,1905
4,1905
3,1917
29,1912 N ov. 3,1913
63d to 64th....... ...1913-1917
65th to 6 7 t h ... ..1917-1923
68th.................. ...1923-1925
Joseph I. France.....................
W illiam Cabell B ruce............
';!’Q Vi' I
Anthony K en nedy.................
Reverdy Johnson....................
William Pinkney WTh y te___
u n o j^ n s
y
Mar.
N ov.
4,1913
Mar.
3,1917
Mar.
Mar.
4,1917
4,1923
Mar.
Mar.
3,1923
3,1929
B y governor, to fill vacancy.
Resigned July 10, 1868.
B y governor, to fill vacancy.
Died N ov. 25, 1912.
B y governor, to fill vacancy.
SENATORS OF TH E UNITED STATES.
xopiil 1,1109
Jan. 12,1850
Mar. 3,1857
Mar. 3,1863
David Stewart.........................
Thomas G. P ratt.....................
44th to 4 6 th ... ...1875-1881
47th to 55 th ... ...1881-1899
Dec. 6,1849
Jan. 12,1850
Mar. 4,1857
31st................... ...1849-1851
31st to 34th___ ...1849-1857
35th to 37th...,....1857-1863
538
C lass 3.
Congress.
N am e of Senator.
Commence
ment
of service.
Expiration
of term .
3,1801
Mar.
1799-1803
4,1789
Dec. 11,1797
Dec. 12,1800
..1801-1807
Mar. 4,1801
N ov. 19,1801
N ov. 19.1801
Mar. 3,1807
D o ..............
9th to 12th___
23d to 24 th ___ ...1833 1837
94t h t.n26t.h
1835 1841
1K3&-1&43
R obert I I . Goldsborough-----
28th to 3 7 t h ... ...1843 1863
...1861 1865
James A . Pearce.....................
37th to 38th
Do ..........
39th
1863-1867
. 1867-1873
40th to 42d 43d to 4 5 t h .... ...1873-1879
George R . Dennis...................
N ov.
May
Dec.
Jan.
Jan.
25,1806
21,1813
21,1819
24, 1826
Mar.
Mar.
Mar.
3,1813
3,1819
3,1831
Mar. 3,1837
13,1835 ........do
Dec. 31,1836 Mar. 3,1843
5,1841
Mar. 4,1843 Mar. 3,1867
Dec. 29,1862 Jan. 12,1864
Jan. 12,1864 Mar. 3,1867
Mar. 9,1865 ....... do
Mar. 7,1868 Mar. 3.1873
Mar.
........
1,1873
Mar.
3,1879
Resigned in January, 1826.
Resigned in 1834.
Died O ct. 5,1836.
Died O ct. 29, 1840.
Died Dec. 20, 1862.
B y governor, to fill vacancy.
Died F eb. 13, 186S.
STA T E S,
Philip R eed ..............................
R obert 11. Goldsborough-----
B y governor, to fill vacancy.
Resigned N ov. — , 1806.
U N IT E D
..1805-1813
13th to 1 5 th ... ...1813-1819
Ifit.h to 19t.h
. 1819-1827
19t.h to 23d .
..1825-1835
Resigned Dec. 10, 1797.
Resigned Dec. 1, 1800.
OF T H E
Mar.
...1789-1799
1797 1801
Remarks.
SEN ATORS
M ARYLAN D — Continued.
46th to 48th......... 1879-1885
49th to 51st......... 1885-1891
52d...................
52d to 54th___
55thNto57th...
58th to 5 9 th ...
James B. G room e........
Ephraim K ing W ilson
i Mar.
Mar.
4,1879
4,1885
60th to 6 6th ... ...1907-1921
67th................... ...1921-1923
68th................. ...1923-1925
3,1885
3,1891
Jan. 21, 1892
Mar. 3,1897
Mar. 3,1903
Mar. 3,1909
W illiam P inkney W h yte —
8,1906 ____ d o _______
John W alter S m ith .............. Mar. 25,1908 Mar. 3,1921
O vington E . W e lle r ............. Mar. 4,1921 Mar. 3,1927
........d o .............
____d o .........................................
...1891-1893 Charles H . G ib son .................. Nov. 19,1891
...1891-1897 ....... d o ......................................... Jan. 21,1892
...1897-1903 George L . W ellington............ Mar. 4,1897
...1903-1907 A rthur P . G orm an................. Mar. 4,1903
59th to 6 0 th ... ...1905-1909
Mar.
Mar.
Died Peb. 24, 1891. Had been reelected for the term
beginning Mar. 4,1891. State unrepresented in this
class from Feb. 25 to N ov. 18,1891, because of recess
of legislature.
B y governor, to fill vacancy.
Died June 4, 1906.
B y governor, to fill vacancy.
Died Mar. 17, 1908.
MASSACHUSETTS.
Class 1.
Name of Senator.
Congress.
1789-1791
Tristram D alton.....................
1791 1797
1795-1801
« t h t.n 10t.h
1803 1809
Comm ence
m ent
of service.
Mar.
Mar.
4,1789
4,1791
Benjamin G oodh uo................ June 11,1796
N ov. 14,1800
John Quincy A d a m s.............
1807 1815
1 8 1 3 -1 8 1 7
Elijah II. Mills........................
182 7 1841
3,1791
3,1797
3,1803
4,1803
Mar.
9,1808
5,1813
Mar. 3,1815
May 29,1813
Mar. 3,1821
5,1818
June 12,1820
Mar. 4,1827
Rem arks.
Resigned June 9, 1796.
Resigned N ov. 8, 1800.
.......... d o .................
Mar.
June
1 8 1 9 -1 8 2 7
Mar.
Mar.
Mar.
June
May
May 29,1813
June 12,1816
TV>
E xpiration
o f term.
3,1809
.......... d o .................
Mar.
Mar.
3,1827
3,1845
Resigned June 8, 1808.
Resigned May 1,1813.
B y governor, to fill vacancy.
Resigned in 1816.
Resigned May 10, 1818.
Resigned May 15,1820.
Resigned Feb. 22, 1841.
Feb. 23,1841
4,1845
Mar.
3,1851
R obert C. W in th rop ..............
July 27,1850
R obert Rantoul.......................
F ob. 1,1851
Mar. 4,1851
A p r. 17,1874
Feb.
Mar.
1,1851
3,1851
Mar.
3,1875
Mar.
3,1893
Mar.
1 8 4 5 -1 8 5 1
...1849-1851
Bo
.
1851
1875
187 8 1875
1875 1893
1893 1923
1093 1095
Mar.
Mar.
4,1875
4,1893
Mar.
3,1923
Mar.
3,1929
Resigned July 22,1850.
B y governor, to fill vacancy.
Died Mar. 11, 1874.
--------------------------- ----- ---------------
Class 2.
12th to 1 4 th ... ...1811-1817
15th to 1 7 th ... ...1817-1823
17th to 1 9 th ... ...1821-1827
19th to 2 3 d .... ...1825-1835
24th to 2 6 th ... ...1835-1841
26th to 29th. . . ...1834-1847
29th to 32d___ ...1845-1853
Caleb Strong.............................
Mar.
4,1789
11,1796
Mar.
3,1799
Resigned in 1796.
Samuel D exter.........................
Mar.
4,1799
6,1800
Mar.
3,1805
Resigned in June, 1800.
Resigned Mar. 3,1803.
Mar.
3,1811
Mar.
Mar.
3,1817
3,1823
3,1829
T im oth y P ickerin g................ Mar. 4,1803
Joseph B . V arn u m ................. June 8,1811
Harrison Gray O tis................ Mar. 4,1817
James L lo v d ............................ June 5,1822
Nathaniel Silsbee................... May 31,1826
John D a v is...............................
Isaac C. Bates..........................
John D a v is...............................
3,1835
Mar. 4,1835
Jan. 13,1841
Mar.
Mar.
3,1841
Resigned Jan. 5,1841.
3,1847
Died Mar. 1 6 ,1M5.
Mar. 24,1845
Mar. 4,1853
Mar. 3,1853
Mar. 3,1859
Jan. 31,1855
Mar. 3,1877
E dw ard E verett.....................
Julius R ockw ell...................
H enry W ilson..........................
45th to 58th ...
58th..................
59th to 62d___
63d to 65th .. . .
66th to 6 7 th ...
...1&77-1905
...1903-1905
...1905-1913
George F . H o a r.......................
W lnthrop Murray Crane-----
Mar. 4,1877
Oct. 12,1904
Jan. 18,1905
...1913-1919
...1919-1923
68th................... ...1923-1925
John W . W eeks.......................
Mar.
Mar.
D avid I. W alsh .......................
Resigned May 30,1822.
Resigned May 23,1826.
Mar.
Mar.
33d................... ...1853-1855
D o ............ .
33d to 4 2 d ........ ...1853-1873
43d to 44th. . . . ...1873-1877
June 3,1854
Jan. 31,1855
12,1873
4,1913
4,1919
Mar. 3,1907
Jan. 17,1905
Mar. 3,1913
Mar. 3,1919
Mar. 3,1925
SENATORS OF TH E UNITED STATES,
1st to 4th........ ...1789-1797
4th to 5th........ ...1795-1799
6th.................... ...1799-1801
6th to 7th........ ...1799-1803
8th to 1 1 t h .... ...1803-1811
Resigned May 17,1854.
B y governor, to fill vacancy.
Resigned Mar. 3,1873.
D ied Sept. 30, 1904.
B y governor, to fill vacancy.
CJt
/
mSkt
xopu| i^uag
SJ'>:MUOW\)
jjnoj) ndnsj
uuvujjoj
sav>j\ \e\\uap\S9yi
S 9 ^ s jo “sjiupv
u ^ s u o q jo
■jp ’ *:;;
542
Class 1.
Congress.
Name of Senator.
26th to 2 8 th ... ...1839-1845
1R4/V-1R49
Augustus S. Porter.................
Jan. 20,1840
30th................... ...1847-1849
UU7 1R/V7
Thomas Fitzgerald.................
Juno 8,1848
Jan. 20,1849
35th to 43d___ ...1857-1875
44th to 45th. . ...1875-1879
Zachariah Chandler................
Dn
53d to 61st___ ...1893-1911
62d to 6 7 th ... ...1911-1923
8 8 t h ................. ...1923-1925
V
3,1839
3,1845
Mar. 3,1851
Jan. 20,1849
Mar. 3,1857
Mar. 3,1875
Mar. 3,1881
Feb. 19,1879 ........d o .............
Henry P. B ald w in ................. N ov. 17,1879 Jan. 19,1881
Jan. 19,1881 Mar. 3,1881
Omar D . Conger...................... Mar. 4,1881 Mar. 3,1887
Francis B . Stockbridge......... Mar. 4,1887 Mar. 3,1899
John Patton, j r ........................ May 5,1894 Jan. 15,1895
Julius C. Burrows................... Jan. 15,1895 Mar. 3,1911
Charles E . Tow nsend............ Mar. 4,1911 Mar. 3,1923
W oodbridge N F erris.......... Mar. 4,1923 Mar. 3,1929
Isaac P . Christiancy...............
Zachariah Chandler.............
Mar.
Mar.
4,1857
4,1875
Resigned May 29, 1848.
B y governor, to fill vacancy.
Resigned Feb. 10, 1879.
D ied N ov. 1, 1879.
B y governor, to fill vacancy.
D ied A p r. 30, 1894.
B y governor, to fill vacancy.
S TA TE S .
47th to 49th.. ...1881-1887
50th to 5 3 d ... ...1887-1895
53d................... ...1S93-1895
4,1845
Mar.
Mar.
Remarks.
U N IT E D
48th................. ...1879-1881
Mar.
Expiration
of term.
SEN A TO R S OF T H E
Jan. 26,1837
1R3A-1R3Q
Comm ence
ment
of service.
Class 2.
John N orvell................. .
William W ood brid g e...
Alpheus F e lch .............. .
Charles £ . S tu art........ .
Kinsley S. B in gh am . . .
Jacob M. H ow a rd ........
o 37th to 41st___ ...1861-1871
p
00 42d to 47th___ ...1871-1883
CO 48th to 50th. . ...1883-1889
C5 51st to 57th___ ...1889-1903
1 57th.................. ...1901-1903
Thom as W . F erry........
Thom as W . P alm er___
James M cM illan...........
Russell A . A lg e r..........
6 8th .................. ..1923-1925
........d o .................
Mar.
3,1841
Mar.
Mar.
4,1841
4,1847
Mar.
Mar.
4,1853
4,1859
Mar.
Mar.
Mar.
3,1847
3,1853
3,1859
Jan.
Mar.
Mar.
4,1862
4,1871
4,1883
Mar.
3,1865
Mar.
Mar.
Mar.
3,1871
3,1883
Died Oct. 5,1861.
3,1889
Mar. 4,1889
Sept. 27,1902
Mar. 3,1907
Jan. 20,1903
D ied Aug. 10,1902.
B y governor, to fill vacancy.
Jan. 20,1903
Feb. 6,1907
Mar. 4,1919
Mar.
Mar.
3,1907
3,1919
D ied Jan. 24, 1907.
Mar.
3,1925
....... d o ............
N ov. 29,1922
.d o .
.d o .
....... do............
.d o .
Resigned N ov. 18, 1922.
B y governor, to fill vacancy.
U N IT E D
57th to 59th. . . ...1901-1907 ........d o ............................. .
59th to 65th.. . ...1905-1919 W illiam A lden S m ith .
CO
c* Gflth.................. ...1919-1921 Trum an H . N ew berry
67th........................1(121-1923 ........d o .................
D o ........................d o ___ James Couzens.
Jan. 26,1837
SEN A TO R S OF T H E
a> 24th to 2Gth. . ...1835-1841
CO
27th to 2 9 th .. ...1841-1847
30th t o 3 2 d .... ...1847-1853
l 33d to 35th___ ...1853-1859
so
36th to 3 7 th ... ...1859-1863
STATES.
543
X9PUI l<
U99
sjo o tjo W : )!
pnoj) "tins'
-
\
f
a
j o v
, J .i o
\
S0jin$ JO -soupy
544
C lass 1.
Congress.
N am e o f Senator.
Comm ence
ment
o f service.
35th to 37th..........1857-1863
Ilen ry M. R ice........................
May 11,1858
38th to 43d............1863-1875
44th to 49th..........1875-1887
Alexander R am sey................. Mar.
Samuel J. R . McMillan.......... Mar.
Cushman K . Davis................. Mar.
Charles A. T ow n e................... Dec.
50th to 56th..........1887-1901
56th.........................1899-1901
4,1863
4,1875
4,1887
6,1900
Expiration
o f term.
Mar.
3,1863
Mar.
Mar.
3,1875
3,1887
Mar. 3,1905
Jan. 23,1901
Moses E . C lapp.......................
Frank B . K ellogg...................
Jan. 23,1901
65th to 67t b ......... 1917-1923
Mar.
4,1917
Mar.
Mar.
3,1917
3,1923
68th.........................1923-1925
H enrik Shipstead...................
Mar.
4,1923
Mar.
3,1929
56th to 64 t h ..........1899-1917
Remarks.
Died N ov. 27, 1900.
B y governor, to fill vacancy.
SENATORS OF TH E UN ITED STATES,
http://fraser.stlouisfed.org/
y
Federal Reserve Bank of St. Louis
MINNESOTA
Class 2.
William W in d o m ...................
Ozora P . Stearns.....................
42d to 4 7 t h .... ...1871-1883
47th...................
W illiam W in d o m ...................
A. J. E d gerton ........................
D o............. ........... d o ___
48th t o 5 0 t h ... ...1883-1889
51st to 53d.......
W illiam W in d o m ...................
D w ight M. S a b in ...................
54th to 6 7 th ... ...1895-1923
68th................... ...1923-1925
D o ...........
James Shields...........................
Morton S. W ilkinson..............
Daniel S. N orton.....................
W illiam D . W ashburn..........
K nute N elson...........................
May 11,1858
Mar. 4,1859
Mar. 4,1865
July 16,1870
Jan. 18,1871
Mar. 12,1871
Mar. 12,1881
Oct. 26,1881
Mar. 4,1883
Mar. 4,1889
Mar. 4,1895
....... d o _______
Magnus Johnson..................... July 16,1923
Mar.
Mar.
3,1859
3,1865
Mar. 3,1871
Jan. 18,1871
B y governor, to fill vacancy,
Mar.
Mar.
Resigned Mar. 4,1881.
3,1871
3,1883
Oct. 26,1881
Mar. 3,1883
Mar.
Mar.
Mar.
Died July 13, 1870.
B y governor, to fill vacancy
3,1889
3,1895
3,1925
D ied A pr. 28,1923.
Elected to fill unexpired term.
S E N A T O R S OE T H E
35th................. ...1857-1859
36th to 38th. . ...1859-1865
39th to 41st... ...1865-1871
41st................. ...1869-1871
D o.............
U N IT E D
STATES.
545
"'I'
'■
jW ,
JMLkffJILL* ML
XOpiq 1/109
sw *H-0 W- I
»jnt>0 °dn^
4
sou\v
546
C lass 1.
Congress.
Name of Senator.
Comm ence
ment
of service.
Oct. 9,1817
Aug. 30,1820
Mar. 4,1821
Sept. 28,1825
15th to 16th. . . ...1817-1821
16th.................. ...1819-1821
17th to 1 9th ... ...1821-1825
1 9 t h ................. ...1825-1827
Jan.
D o ............
20th to 22d___ . .1827-1833
22d ............... ...1831-1833
John B la ck ...............................
23d to 25th___ ...1833-1839
25th................. ...1837-1839 James F. Trotter.....................
D o ...........
Thom as II. W illiams.............
. . . ..d o ........................................
D o .............
26th to 28th. . ...1839-1845
29th to 30th. . . ...1845-1849
3 0 th ................. ...1847-1849
30th to 32d___ ...1847-1849 ........d o .........................................
32d.................... ...1851-1853
...1851-1857
1857-1871
28,1826
Mar. 4,1827
N ov. 12,1832
Mar. 4,1833
Jan. 22,1838
N ov. 12,1838
Jan. 30,1839
Mar. 4,1839
Mar. 4,1845
Aug. 10,1847
Jan. 11,1848
Dec. 1,1851
Mar. 17,1852
Mar. 4,1857
Expiration
o f term.
Mar.
3,1821
____d o .............
Mar. 3,1827
Jan. 28,1826
Mar.
3,1827
Mar.
Mar.
Mar.
3,1833
3,1833
3,1839
....... d o.............
Jan. 30,1839
Mar. 3,1839
Mar.
Remarks.
Resigned in 1820.
B y governor, to fill vacancy.
Resigned Sept. 25,1825.
B y governor, to fill vacancy.
Resigned July 16, 1832.
B y governor, to fill vacancy.
Resigned Jan. 22,1838.
Resigned July 10,1838.
B y governor, to fill vacancy.
3,1845
Mar. 3,1851
Jan. 11,1848
Mar. 3,1857
Died May 1, 1847.
Mar. 17,1852
Mar. 3,1857
B y governor, to fill vacancy.
Mar.
Retired from the Senate Jan. 21,1861. Seat declared
vacant Mar. 14,1861. State unrepresented in this
3,1863
B y governor, to fill vacancy.
Resigned in N ovem ber, 1851.
class from Jan. 21,1861, to Jan. 18, 1870, because of
Civil War.
SENATORS OF T H E UNITED STATES,
MISSISSIPPI.
Adelbert Am es.........................
43d.................... ...1873-1875
44th to 46th. . . ...1875-1881
Ilenrv R . Pease...... ................ Feb.
Blanche K . B ruce................... Mar.
James Z . George...................... Mar.
Hernando D . M o n e v.............. Oct.
Mar.
3,1875
B y legislature, to fill vacancy in term beginning
Mar. 4,1869; resigned in January, 1874.
47th to 5 5 th ... ...1881-1899
55th.................. ...1897-1899
55th to 61st.... ...1897-1911
62d t o 67th___ ...1911-1923
68th................. ...1923-1925
John Sharp W illiam s.............
Hubert D . S tep hen s.............
3,1874 ........d o ..............
4,1875 Mar. 3,1881
4,1881 Mar. 3,1899
8,1897
Jan. 19,1898
Mar. 4,1911
Mar. 4,1923
Jan. 19,1898
Mar. 3,1911
Mar.
Mar.
3,1923
3,1929
Died Aug. 14, 1897.
B y governor, to fill vacancy.
SENATORS OF TH E UNITED STATES.
547
Jan. 18,1870
41st to 43d....... ...1869-1875
548
C lass 2.
Con press.
Name o f Senator.
15th to 2 0 th ... ...1817-1829
Thom as Hill W illiam s..........
21st...................
Thom as B. R eed .....................
D o ............. ........... d o . . . . R obert H . Adam s...................
2 1 st..................
G eorgo P oindexter.................
21st to 23d . . . ...1829-1835 ........d o .........................................
24th to 2 9 th ... ...1835-1847 R obert J. W alker...................
29th................... ...1845-1847 Joseph W . Chalmers..............
D o ............ ............d o ___
30th to 3 2d . . . . ...1847-1853
32d.................... ...1851-1853
Henry Stuart F oote...............
W alter B rooke........................
33<1 to 41st___ ...1853-1871
Albert G . B row n....................
Comm ence
ment
o f service.
Expiration
of term.
O ct.
Mar.
Remarks.
9,1817 Mar. 3,1829
4,1829 Mar. 3,1835
Jan. 6,1830 ........ d o .............
O ct. 15,1830 N ov. 18,1830
N ov. 18,1830 Mar. 3,1835
Died N ov. 26, 1829.
Died July 2, 1830.
By governor, to fill vacancy.
Mar.
N ov.
Resigned Mar. 5, 1845.
B y governor, to fill vacancy.
Jan.
Mar.
4,1835
3,1845
10,1846
Mar.
3,1847
Jan. 10,1846
Mar. 3,1847
Mar. 3,1853
4,1847
Feb. 18,1852 ........d o .............
Mar. 4,1853 Mar. 3,1865
Resigned in 1852.
Retired from the Senate Jan. 12,1861.
Seat declared
vacant Mar. 14,1861. State.unrepresented in this
class from Jan. 14, 1861, to Jan. 20, 1870, because
of Civil W ar.
41st................... ...1869-1871
Hiram R . R evels....................
Jan. 20,1870
Mar.
<2<1 to 44th.
45th to 49th
James L . A lcorn.....................
L . Q . C. L am ar.......................
Mar.
Mar.
4,1871
Mar.
3,1877
4,1877
Mar.
3,1889
1871-1877
1877-1887
3,1871
B y legislature ,to fill vacancy in term beginning Mar.
4, 1865.
Resigned Mar. 6, 1885.
SENATORS OF THE UN ITED STATES.
MISSISSIPPI— Continued.
61st................... ...1909-1911
James G ordon...........
61st t o 6 2 d .. . . ...1909-1913
63d to 65th___ ...1913-1919
66th to 6 7th... ...1919-1923
Le R o y P e rcy...........
James K . Vardaman
Pat H arrison.............
6 8 th ................. ...1923-1925
....... d o ................ . —
Mar. 9,1885 Jan. 20,1886
Jan. 20,1886 Mar. 3,1895
Feb. 7,1894 ........d o .............
Mar. 4,1895 Mar. 3,1901
May 28,1898 Jan. 16,1900
Jan. 16,1900
Mar. 4,1901
Dec. 27,1909
Feb. 23,1910
Mar. 4,1913
Mar. 4,1919
Mar. 3,1901
Mar. 3,1913
Feb. 22,1910
Mar. 3,1913
Mar. 3,1919
Mar. 3,1925
B y governor, to fill vacancy.
Resigned Jan. 24, 1894.
Died A pr. 21,1898.
B y governor, t o fill vacancy.
Died Dec. 22,1909.
B y governor, to fill vacancy.
SEN ATORS OF T H E
U N IT E D
STATES.
549
49th.................. ...1885-1887 E dw ardC . W althall.
49th to 53d___ ...1885-1895 ....... d o ..........................
53d.................... ...1893-1895 Anselm J. M cLaurin
54th to 5 5 th ... ...1895-1899 Edward C. W althall.
55th to 5 6 th ... ...1897-1901 W illiam V . S u llivan .
56th.................. ...1899-1901 ____d o ..........................
57th to 61st.... ...1901-1911 Anselm J. McLaurin
MISSOURI.
C la ss 1.
Comm ence
ment
of service.
Expiration
of term.
Congress.
Name of Senator.
17th to 31st............1821-1851
Thom as H . B enton ................
Henry S. Geyer.....................
A ug. 10,1821
Mar.
32d to 34th............ 1851-1857
4,1851
Mar.
3,1857
35th to 37th...........1857-1863
Trusten P o lk ...........................
Mar.
Mar.
4,1857
Mar.
3,1863
Expelled Jan. 10,1862.
37th......................... 1861-1863
37th to 40th.......... 1861-1869
John B. H enderson................
Jan.
6,1863
B y governor, to fill vacancy.
41st to 43d............. 1869-1875
44th to 58th...........1875-1905
Jan. 17,1862
Jan. 6,1863
Mar. 4,1869
Mar. 4,1875
Carl Schurz...............................
Francis M. C ockrell................
W illiam W arner...................... Mar. 18,1905
Mar.
Mar.
Mar.
Mar.
3,1869
3,1875
3,1905
3,1911
State unrepresented in this class from Mar. 4,1905, to
59th to 61st............1905-1911
Remarks.
3,1851
Mar. 17, 1905, because of failure of legislature to
elect.
62d to 67th............ 1911-1923
68th........................1923-1925
James A . R eed.........................
Mar.
4,1911
Mar.
Mar.
3,1923
3,1929
tT
David Barton...............
Alexander Buckner. . .
Lewis F. L in n .............
23d to 28th... ...1833-1845 ....... do............................
2 8th ................. ...1843-1845 David R . Atchison__
28th to 33d. . . . ...1843-1855 ___do............................
17th to 21st.... ...1821-1831
22d to 23d........ ...1831-1835
2 3d ................... ...1833-1835
3,1831
Aug. 10,1821
Mar.
Mar.
Oct. 14,1843
N ov. 20,1844
3,1837
N ov. 20,1834
Mar. 3,1849
N ov. 20,1844
Mar. 3,1855
Jan. 12,1857
Mar.
3,1861
Mar. 17,1861
Jan.
10,1862
4,1831
Oct. 25,1833
N ov. 20,1834
Mar.
Died June 15,1833.
B y governor, to fill vacancy.
Died Oct. 3,1843.
B y governor, to fill vacancy.
State unrepresented in this class from Mar. 4, 1855,
to Jan. 12,1857, and from Mar. 3 to Mar. 17, 1861.
34th t o 3 6 t h ... ...1855-1861
37th.................. ...1861-1863
James S. Green...........
W aldo P. Johnson__
Expelled Jan. 10, 1862.
State unrepresented in this
class from Jan. 10 to Jan. 17, 1862.
37th to 38th ... ...1861-1865
38th t o 3 9 t h ... ...1863-1867
40th to 41st___ ...1867-1871
41st................... ...1869-1871
41st to 42d___ ...1869-1873
43d to 45th___ ...1873-1879
45th.................. ...1877-1879
D o ............
46th to 5 7 th ... ...1879-1903
58th t o 6 4 t h ... ...1903-1917
65th.................. ...1917-1919
D o ............ ........... d o . . . .
65th to 6 7th ... ...1918-1923
68th ................... ...1923-1925
Robert W ilson............
B , Gratz Brow n..........
Charles D . D rake__ _
Daniel T. Jew ett.........
Francis P. Blair........ .
Lewis V . B ogy............
David H . Armstrong.
James Shields............ .
George G. V est..........
William J. Stone.......
....... do..........................
Xenophon P. Wilfley.
Selden P. Spencer__
....... do..........................
Jan. 17,1862
N ov. 13,1863
Mar. 4,1867
N ov. 13,1863
Mar. 3,1867
B y governor, to fill vacancy.
Mar.
Resigned Dec. 19,1870.
3,1873
Dec. 19,1870
Jan. 20,1871
Jan. 20,1871
Mar.
Mar.
Mar. 4,1873
Sept. 29,1877
Jan. 22,1879
Mar.
Mar.
4,1879
4,1903
3,1873
3,1879
Jan. 22,1879
Mar. 3,1879
Mar. 3,1903
Mar.
A pr. 30,1918
N ov. 6,1918
D ied Sept. 20,1877.
B y governor, to fill vacancy.
3,1915
3,1921
Nov. 5,1918
Mar. 3,1927
Mar.
B y governor, to fill vacancy.
Died A pr. 14,1918.
SENATORS OF THE UNITED STATES.
'
551
Class 3.
552
C lass 1.
Congress
N am e of Senator.
Com m ence
ment
of service.
Expiration
of term.
51st to 52d............ 1889-1893
W ilb u r F . Sanders.................
Mar.
3,1893
Lee M antle...............................
Jan.
Jan.
1,1890
53d to 55th........... 1893-1899
16,1895
Mar.
3,1899
56th........................ 1899-1901
W illiam A . Clark...................
Mar.
4,1899
Mar.
3,1905
1901-1905
Paris G ibson............................
Mar.
7,1901 ........d o .............
1905-1911
Thom as H . Carter..................
Mar.
3,1911
H enry L . Myers......................
Mar.
Mar.
4,1905
1911-1923
1923-1925
4,1911
Mar.
3,1923
Burton K . W heeler...............
Mar.
4,1923
Mar.
3,1929
Remarks.
State unrepresented in this class from Mar. 4, 1893,
to Jan. 16, 1895, because of failure of legislature to
elect.
Resigned to take eifect May 15, 1900. State un
represented in this class from M ay 15, 1900, to
Mar. 7, 1901.
57th to 58th..
62d to 67th ..
68th......................
SENATORS OF TH E UNITED STATES.
MONTANA.
Class 2.
51st to 53d.
54th to 56th
57th to 59th
60th to 62d.
63d to 67th .
68th.............
.1889-1895
Thomas C. Power
Jan.
2,1890
.1895-1901
.1901-1907
Thomas II . Carter
Mar.
4,1895
Mar.
Mar.
AVilliam A . Clark
Joseph M. D ixon
Mar.
4,1901
Mar.
3,1907
Mar.
4,1907
Mar.
3,1913
1913-1923
Thom as J. Walsh
3,1925
____d o .....................
Mar. 4,1913
.do
Mar.
.1923-1925
.1907-1913
3,1895
3,1901
.d o .
554
NEBRASKA.
C lass 1.
Comm ence
ment
of service.
Congress.
Name of Senator.
40th to 43d___ ...1867-1875
44th to 46th. . . ...1875-1881
Thom as W . T ip to n ................
Mar.
Expiration
o f term.
1.1867
Mar.
3,1875
4.1875
3,1881
3,1887
3,1893
3,1899
47th to 4 9 th ... ...1881-1887
Mar.
4.1881
Mar.
Mar.
50th to 52d. . . . ...1887-1893
53d to 55th. . . . ...1893-1899
56th.................. ...1899-1901
Algernon S. P a d d ock............. Mar.
W illiam V . A llen .................... Mar.
4,1887
4.1893
Mar.
Mar.
Mar.
8,1899
Mar. 3,1905
Mar. 28,1901
56th Dec.
to 57th.
13,1899
..
...1899-1903
57th t o 5 8 t h ... ...1901-1905
59th to 61st___ ...1905-1911
62d to 67th. . . . ...1911-1923
Gilbert M. H itch cock ............
68th..................
R alph B. H o w e ll...................
Mar. 28.1901
Mar.
4,1905
4,1911
Mar.
4,1923
Mar.
Mar.
3,1905
3,1911
Mar.
3,1923
Mar.
3,1929
Remarks.
Died Dec. 5, 1899, before qualifying.
B y governor, to fill vacancy.
SENATORS OF TH E UN ITED
m m m m m sm gssss
f
40th to 4 1st.... ...1867-1871
42d to 44th___ ...1871-1877
45th to 47th.. ...1877-1883
48th to 5 3 d .... ...1883-1895
54th to 56th. . . ...1895-1901
John M. T hayer.......................
Phineas W . H itc h co c k ..........
A lvin Saunders.......................
Mar.
1,1867
Mar.
Mar.
Mar.
4,1871
4,1877
Mar.
Mar.
3,1871
3,1877
3,1883
Charles F. M anderson...........
Mar.
4,1883
Mar.
3,1895
John M. T hu rston..................
Mar.
4,1895
Mar.
3,1901
State unrepresented in this class from Mar. 3,1901,
to Mar. 28,1901, because of failure of legislature to
elect.
57th to 5 9 th ... ...1901-1907
60th to 62d___ ...1907-1913
63d to 6 7 th .... ...1913-1923
fist.h
1023-1025
Mar. 28,1901
Mar. 4,1907
George W . N orris................... Mar. 4,1913
........d o............
Joseph H . M illard...................
Norris B ro w n ..........................
Mar.
3,1907
Mar.
3,1913
Mar.
3,1925
SENATORS OF THE UNITED STATES.
555
C lass 2.
556
Class 1.
Congress.
Name of Senator.
38th to 43(1............ 1863-1875
44th to 46th...........1875-1881
47th to 49th...........1881-1887
W illiam M. Stewart...............
W illiam Sharon......................
James G. Fair..........................
50th to 58th...........1887-1905
59th to 62(1............ 1905-1913
Commence
ment
of service.
Expiration
o f term.
D ec. 15,1864
Mar.
3,1875
Mar.
4,1875
Mar.
3,1881
Mar.
Mar.
4,1881
4,1887
Mar.
3,1887
W illiam M. Stewart...............
Mar.
July
4,1905
1,1912
3,1905
3,1917
62(1...........................1911-1913
George S. N ix o n .....................
W illiam A . M assey...............
Mar.
Mar.
62(1 to 67th............ 1911-1923
K ey P ittm an...........................
Jan. 29,1913
68th......................... 1923-1925
Jan. 29,1913
Mar.
3,1923
Mar.
3,1929
Remarks.
Died June 5,1912.
B y governor, to fill vacancy.
SENATORS OF TH E UN ITED STATES,
NEVADA.
38th to 42d............ 1863-1873
43d to 57th............ 1873-1903
58th to 65th.......... 1903-1919
65th to 66th.......... 1917-1921
67th........................ 1921-1923
68th.........................1923-1925
James W . N y e ......................... Dec. 16,1864
John P . Jones........................... Mar. 4,1873
Francis G. N ew lands............. Mar. 4,1903
Mar.
Mar.
Mar.
3,1873
3,1903
3,1921
Charles B . H en d erson .......... Jan. 12,1918 ........d o .............
Tasker L . O d d ie..................... Mar. 4,1921 Mar. 3,1927
........d o ............ ........ d o ............
D ied Dec. 24,1917.
B y governor, to fill vacancy.
SEN A TO R S OF T H E
U N IT E D
STATES.
557
Class 3.
jo
-situpv 'Msuo0 i°
558
C l a s s 2.
Congress.
Name of Senator.
1st to 2d ........... ...1789-1793
3d to 7 th ......... ...1793-1803
7th to 8 th ........ ...1801-1805
Paine Wingate
9th to 13th___ ...1805-1815
13th to 14th . . . ...1813-1817
15th to 17th . . . ...1817-1823
18th to 2 3 d .... ...1823-1835
24th to 26th . . ...1835-1841
27th to 29th. . ...1841-1847
Commence
ment
of service.
Samuel Liverm ore.................
Mar.
Mar.
Simeon O lcott......................
June 17,1801
Nicholas Cdlm an___
Thom as W . T hom pson___
D avid L. M orrill___
Mar.
H enry Ilu h b a rd ..............
Levi W o o d b u ry .........
29th................... ...1845-1847
D o .............
30th to 32d___ ...1847-1853
John P. H ale___
33d.................... ...1853-1855
D o .............
Jared W . W illiam s.................
4,1789
4,1793
Expiration
of term.
Remarks.
Mar.
Mar.
3,1793
3,1805
Resigned in A pril, 1801.
4,1805
Mar.
3,1817
Died May 2,1814.
Mar.
Mar.
4,1817
4,1823
Mar.
Mar.
3,1823
3,1835
Mar.
Mar.
4,1835
4,1841
Mar.
3,1841
N ov. 12,1845
June 13,1846
Mar. 4,1847
Mar. 4,1853
N ov. 29,1853
Mar. 3,1847
June 13,1846
Mar.
Mar.
Mar.
3,1847
3,1853
3,1859
July 30,1855
Resigned N ov. 20,1845.
B y governor, to fill vacancy.
Died N ov. 15, 1853.
B y governor, to fill vacancy. Senate resolution of
A ug. 3, 1854, declared that representation under
the appointm ent had expired.
SENATORS OF T H E UNITED STATES,
NEW HAMPSHIRE.
John P . Hale
Aaron H. Cragin
Edward H . Rollins
Austin F . Pike
Person C. Cheney
William E . Chandler
51st.................
Gilman Marston
51st to 56th___ ...1889-1901
57th to 62d___ ...1901-1913
63d to 65th ___ ...1913-1919
W illiam E . Chandler
66th to 6 7 th ... ...1919-1923
68th................. . . 1923-192o
Henry E . Burnham
H enry F. Hollis
SENATORS OF THE UNITED STATES.
69454° — S. Doc. 349, 67-4
559
34th t o 3 8 t h .. ...1855-1865
39th to 44th. . ...1865-1877
45th to 47th. . ...1877-1883
48th to 49th. . ...1883-1887
49th to 50th. . ...1885-1889
50th................
560
Class 3.
Congress.
Name of Senator.
Commence
ment
of service.
Expiration
of term.
Remarks.
•
...1789-1801
4,1789
Mar.
3,1801
7th..................... ...1801-1803
4,1801
Mar.
3,1807
Resigned in 1802.
Mar.
3,1813
Resigned in 1810.
...1801-1807
W illiam lTum er......................
17,1802
4,1807
10th to 1 1 th ... ...1807-1811
11th to 12th
..
21,1810
1809-1813
13th................. . . 1813-1815
2,1813
...1813-1819
10,1813
27,1817
15th
...1817-1819
16th to 18th .. ...1819-1825
Mar.
19th to 21st
...1825-1831
22d to 2 4 th ... ...1831-1837
24th
1835-1837
..1.837-1843
25th to 27th
Mar.
27th ................... ...1841-1843
June
D o .............
28th to 30th
. 1843-1849
31st to 33(1 . . . 1849-1855
33<1
1853 1855
34th to 35th. . . ...1855-1859
4,1819
16,1825
Mar.
9,1842
July 30,1855
B y governor, to fill vacancy.
Resigned in 1817.
3,1831
4,1831 Mar. 3,1837
8,1836 ........d o . . ........
4,1837 Mar. 3,1843
1,1842 June 9,1842
4,1843
Mar. 4,1849
16,1855
James B e ll................................
June 10,1813
Mar. 3,1819
Mar.
Mar.
Mar.
3,1843
3,1849
3,1855
Mar.
3,1861
Resigned May 30, 1836.
Resigned Feb. 28, 1842.
B y governor, to fill vacancy.
Died Jan. 11, 1855.
B y governor, to fill vacancy.
Died May 26.1857
SENATORS OF TH E UNITED STATES.
NEW HAMPSHIRE— Continued.
35th to 39th.......... 1857-1867
Daniel Clark............................. June 27,1857
39th.........................1865-1867
George G. F ogg.......................
Aug. 31,1866 ........ d o .............
40th to 42d............ 1867-1873
43d to 45th............ 1873-1879
James W . Patterson...............
Mar.
Mar.
46th.........................1879-1881
46th to 48th.......... 1879-1885
Charles H. B e l l ....................... Mar. 13,1879
Henry W . B lair....................... June 18,1879
Bainbridge W ad leigh............
4,1867
4,1873
Mar.
June 17,1885
52d to 65th............1891-1919
65th.........................1917-1919
65th........................ 1917-1921
6 7 th ....................... 1921-1923
5,1885
Jacob II. Gallinger.................
Irving W . D r e w .....................
Mar. 4,1891
Sept. 2,1918
George H . M o s e s ...................
N ov. 6,1918
........d o ...........
6 8th....................... 1923-1925
Mar.
3,1867
Resigned July 27, 1866.
B y governor, to fill vacancy.
3,1873
Mar. 3,1879
June 18,1879
Do.
Mar. 3,1885
June 17,1885
Do.
Mar. 3,1891
Mar. 3,1921
N ov. 5,1918
Mar.
3,1921
Mar. 3,1927
........d o ............
Died Aug. 17, 1918.
B y governor, to fill vacancy.
SENATORS OF* T H E UNITED STATES.
49th........................1885-1887
49th to 51st........... 1885-1891
Mar.
561
_____
;:M MHO VI*
t
.
yno*D "dn^:
___ —
j
____£ sa\oj\ \ ^ P l s9Jj
r
Comm ence
ment
of service.
Congress.
Name of Senator.
...1789-1791
2d to 5th.......... ...1791-1799
5th.....................
John R utherford.....................
Mar.
Franklin D avenport..............
Dec. 5,1798
Feb. 14,1799
Mar.
5th to 6 th ........ ...1797-1801
6th to 7th........ ...1799-1803
8 th ....................
John Lambert..........................
27th to 3 1st...
3 1791
Mar. 3,1803
Feb. 14,1799
Mar.
3.1803
N ov.
3,1803
Resigned N ov. 26, 1798.
B y governor, to fill vacancy.
Resigned Feb. 16,1801.
Sept.
1,1803
N ov.
3,1803
Mar.
4,1809
Mar.
Mar.
B y governor, to fill vacancy. State unrepresented in
this class from Mar 3, 1803, to Sept. 1,1803, because
of failure of legislature to elect.
3,1809
3,1815
Mar. 4,1815 Mar. 3,1821 Resigned Jan. 8,1821.
Samuel L. Southard...............
16th Jan. 26,1821 ........do.............. B y governor, to fill vacancy.
17th................... ...1821-1823
18th to 19th. . . ...1823-1827
19th t o 2 0 t h ... ...1825-1829
20th to 22d___ ...1827-1833
23d to 27th. . . . . .1833-1843
27th.................. ...1841-1843
4,1791
Remarks.
Feb. 26,1801
John Condict............................
8th to 10th___ ...1803-1809
11th to 1 3 th ... ...1809-1815
14th to 1 6 th ... ...1815-1821
..................
Expiration
of term.
Mar.
4,1821
Mar.
3,1827
Mahlon D ickerson..................
N ov. 12,1823
N ov. 10,1826 Mar. 3,1833
Jan. 30,1829 ........d o .............
Samuel L. Southard..............
W illiam L. D a y to n ................
Mar.
July
4,1833
2,1842
O ct. 28,1842
Mar., 3,1845
Oct. 28,1842
Mar.
3.1851
Resigned Mar. 3,1823.
Died Aug. 19,1826.
Resigned Jan. 12,1829.
Died June 26, 1842.
B y governor, to All vacancy.
H
§
d
12!
3
Robert F. S tock ton ................ Mar.
Mar.
3,1857
John R . T hom son...................
Mar.
Jan.
3,1863
14,1863
Mar.
Mar.
3,1863
3,1869
4,1851
Mar. 4,1853
Richard S. F ie ld ..................... N ov. 21,1862
James W . W a ll........................ Jan. 14,1863
W illiam W righ t....................... Mar. 4,1863
D o ............ ........... d o ___
38th to 3 9th .. ...1863-1867
3 9 th ............... ...1865-1867 Fred’k T . Frelinghuysen___
39th to 4 0th.. ...1865-1869 ........d o .........................................
41st to 43d___ ...1869-1875 John P. S to ck to n ....................
44th to 46th . . ...1875-1881 Theodore F. R a n d o lp h .........
47th to 4 9 th ... ...1881-1887 W illiam J. S ew ell...................
50th to 52d___ ...1887-1893 R ufus B lo d g e tt.......................
65th to 67th. . .
6 8 th ................. ..1923-1925
Jan. 23,1867
Mar. 3,1869
Mar.
4,1875
Mar.
Mar.
4,1881
Mar.
3,1887
Mar.
4,1887
Mar.
James Smith, j r ....................... Mar.
John K ea n ................................ Mar.
James E . M artine................... Mar.
Joseph S. Frelinghuysen___ Mar.
4,1893
Mar.
3,1893
3,1899
4,1899
4,1911
Mar.
3,1911
Mar.
3,1917
4,1917
Mar.
3,1923
E dw ard I. E dw ards.............
4,1923
Mar.
3,1929
Mar.
Mar.
3,1875
3,1881
Died Sept. 12,1862.
B y governor, to fill vacancy.
Died N ov. 1, 1866.
B y governor, to fill vacancy.
OF T H E
53d t o 5 5 t h .... ...1893-1899
56th to 61st__ ...1899-1911
62d to 64th. . . . ...1911-1917
N ov. 12,1866
Jan. 23,1867
Mar. 4,1869
Resigned Jan. 10,1853
SEN ATO R S
U N IT E D
STATES.
563
32d.................. ...1851-1853
33d to 3 7 th ... ...1853-1863
37th ................. ...1861-1863
N E W J E R S E Y — C o n tin u e d .
C lass 2.
Name of Senator.
Congress.
ut
.
...1789-1791
1789-1793
3d to 4 th .......... ...1793-1797
179^-1799
Frederick Frelinghuysen-----
Commence
ment
of service.
Expiration
of term.
Mar. 4.1789 Mar. 3,1793
N ov. 23.1790 ........ do
Mar. 4,1793 Mar. 3,1799
1799-1805
Mar.
4,1799
Mar.
O th t o 1 1 t h
1S05-1811
Mar.
4,1805
11t h
1809-1817
Mar. 21,1809
N ov. 2,1809
Mar. 4,1817
Mar.
N ov.
3,1805
3,1811
2,1809
Mar.
3,1817
Mar.
3,1829
3,1835
l l t . h t.n 14t.h
97t h
t o 32d
rtO t o 3 5 t h
Theodore Frelinghuysen-----
4,1829
Mar.
4,1835
4,1841
Mar.
Mar.
Mar.
Mar.
4,1853
4,1859
Mar.
4.1865
Mar.
Mar.
Mar.
1841-1853
1853-1859
Mar.
1859-1865
39th................... ...1865-1867
Resigned Mar. 2,1790.
Resigned in 1796.
12,1796
K th t o R th
1809-1817
15th t o 2 0 th
1817-1829
21st to 23d___ . . . 1829-1835
24 t h t o 2 6 t h
1835-1841
Remarks.
John P . S tockton....................
Mar.
Mar.
Resigned Mar. 12,1809.
B y governor, to fill vacancy.
Resigned Jan. 30,1829.
3,1841
3,1853
3,1859
3,1865
3,1871
Seat declared vacant Mar. 27,1866.
39th to 41st...........1865-1871
Alexander G. C attell.............
Sept. 19,1866
42d to 44th............1871-1877
Fred’k T . Frelinghuysen___
John K . M cPherson...............
Mar.
Mar.
4,1871
4,1877
Mar.
4,1919
45th to 53(1............1877-1895
54th to 57tb.......... 1895-1903
57th to 59th.......... 1901-1907
60th to 62d............ 1907-1913
63d to 65th............ 1913-1919
65th........................ 1917-1919
66th to 67th.......... 1919-1923
68th.. ................... 1923-1925
I xopui 1,1139
SJ93LU0 l,(|B:j
Mar,
Mar.
3,1871
3,1877
T o fill unexpired term of J. P. Stockton, unseated
Mar. 3,1895
Mar. 4,1895 Mar. 3,1907 Died Dec. 27,1901.
John F. D ry d e n ...................... Jan. 29,1902 ........ d o .............
Frank O . B riggs..................... Mar. 4,1907 Mar. 3,1913
W illiam H ughes..................... Mar. 4,1913 Mar. 3,1919 Died Jan. 30,1918.
B y governor, to fill vacancy
Feb. 23,1918
William J. Sew ell...................
W alter E . E dge......................
unoo-dns
'^uspisaJj
Mar.
3,1925
566
Class 1.
Con press.
62(1 to 64th............1911-1917
65th to 67 t h ..........1917-1923
fitfth
1923-1025
N am e o f Senator.
Comm ence
ment
o f service.
Thom as B . Catron.................. Mar. 27,1912
Andrieus A. Jones.................. Mar. 4,1917
Expiration
o f term.
Mar.
3,1917
Mar.
Mar.
8,1923
3,1929
Remarks.
SEN ATO RS OF T H E
U N IT E D
STATES.
N E W M E X IC O .
62d to 66th........... 1911-1921
Mar. 27,1912
6 7 th .......................1921-1923
Mar. 11,1921
6 8 th ...................... 1923-1925
Mar.
N ov.
Mar.
3,1925
7,1922
3,1925
Resigned Mar. 4,1921.
B y governor, to fill vacancy.
SEN ATO R S
OF
TH E
U N IT E D
STATES.
567
C lass 2.
C
jj
03
00
NEW YORK.
Class 1.
Congress.
1st..................... ...1789-1791
2d to 4 th .......... ...1791-1797
5th..................... ...1797-1799
D o .............
D o ............
5th to 6 th ........ ...1797-1801
6th to 7 th ........ ...1799-1803
8th.....................
D o .............
8th to 10th___ ...1803-1809
11th to 1 3 th ... ...1809-1815
14th to 1 6 th ... ...1815-1821
17th t o 2 0 t h ... ...1821-1829
20th to 22d. . . . ...1827-1833
23d to 28th. . . . ...1833-1845
28th ..................
28th to 31st........... 1843-1851
N am e of Senator.
Philip Schuyler.
Aaron B u rr.......
Philip Schuyler.
. W illiam N orth .................
James W atson..................
Gouvem eur Morris..........
Theodorus B ailey............
John Arm strong...............
Samuel L . M itchill..........
Obadiah German.............
Nathan Sanford...............
Martin Van B uren..........
Charles E . D u d le y ..........
Nathaniel P . Tallmadge.
Daniel 8. Dickinson.......
___ d o .................................
Commence
ment
of service.
Expiration
o f term.
July 15,1789 Mar. 3,1791
Mar. 4,1791 Mar. 3,1797
Mar. 4,1797 Mar. 3,1803
Jan. 11,1798 ........d o .............
May 5,1798 Aug. 17,1798
Aug. 17,1798 Mar. 3,1803
A pr. 3,1800 ........d o.............
Mar. 4,1803 Mar. 3,1809
Feb. 4,1804 ........d o.............
N ov. 9,1804 ....... d o .............
Mar.
4,1809
Mar.
4,1815
Mar. 3,1815
Mar. 3,1821
Mar. 4,1821 Mar. 3,1833
Jan. 15,1829 ....... d o .............
Mar. 4,1833 Mar. 3,1845
N ov. 30,1844 Jan. 18,1845
Jan. 18,1845 Mar. 3,1851
Remarks.
Resigned Jan. 3,1798.
Resigned Apr. 16,1798.
B y governor, to fill vacancy.
Resigned Mar. 19,1800.
Resigned Jan. 16,1804
Resigned June 30, 1804.
Resignod Dec. 20,1828.
Resigned June 17,1844.
B y governor, to fill vacancy.
Hamilton F ish.......................
Mar.
4,1851
Mar.
3,1857
Preston K in g ...........................
Edwin D . Morgan...................
Mar.
Mar.
4,1857
4,1863
Mar.
3,1863
Reuben E . F en ton.................
44th to 46th. . . ...1875-1881
47th.................. ...1881-1883
47th t o 4 9 t h ... ...1881-1887
Mar.
Mar.
4,1869
4,1875
Mar.
Mar.
Mar.
3,1869
3,1875
3,1881
Thomas C. P la tt.....................
Mar.
3,1887
Mar.
Mar.
3,1893
3,1899
Mar.
Mar.
3,1911
3,1917
Mar.
Mar.
3,1923
3,1929
50th to 52d___ ...1887-1893
53d to 5 5 th .... ...1893-1899
56th to 61st.... ...1899-1911
62d to 6 4 t h .... ...1911-1917
Francis K e m a n .......................
Mar. 4,1881
Warner Miller.......................... July 16,1881
Frank Ilis co ck ......................... Mar. 4,1887
Edward M urphy, j r ................ Mar. 4,1893
Chauncey M. D ep ew .............. Mar. 4,1899
James A . O ’ G orm an.............. Mar. 31,1911
Resigned May 16,1881.
State unrepresented in this class from Mar. 4,1911, to
Mar. 30,1911, because of failure of legislature to elect.
65th to 6 7th ... ...1917-1923
68th.................. ...1923-1925
W illiam M. Calder.................
R oya l S. C opeland.................
Mar.
Mar.
4,1917
4,1923
SENATORS OF THE UNITED STATES.
32d to 3 4 th .... ...1851-1857
36th to 3 7 th ... ...1857-1863
38th to 4 0 th ... ...1863-1869
4lst to 43d....... ...1869-1875
569
«W W i
unoo-tlns
J
1st to 4th................1789-1797
4th to 6 th ...............1796-1801
6th to 7 th ...............1799-1803
Name of Senator.
Com m ence
ment
o f service.
Rufus K in g ..............................
July 16,1789
Mar.
3,1801
John Arm strong......................
N ov.
N ov.
Feb.
Mar.
3,1807
Feb.
Mar.
Mar.
4,1804
3,1813
3,1825
Mar.
Mar.
3,1831
3,1837
7th to 8 th ...............1801-1805
9,17%
6,1800
9,1802
8th........................... 1803-1805
8th to 12th.............1803-1813
John S m ith ...............................
N ov. 10,1803
Feb. 4,1804
13th to 18th...........1813-1825
19th to 21st............ 1825-1831
Rufus K in g ..............................
Nathan Sanford.......................
Mar. 4,1813
Jan. 14,1826
22d...........................1831-1833
22(1 to 28th.............1831-1845
W illiam L . M arcy................... Mar.
Silas W right, j r ........................ Jan.
28th......................... 1843-1845
28th to 30th........... 1843-1849
Henry A . Foster.....................
John A . l ) i x .............................
31st to 36th............ 1849-1861
William II. Sew ard................
37th to 39th...........1861-1867
Ira Harris..................................
John Arm strong......................
4,1831
4,1833
N ov. 30,1844
Jan. 18,1845
Mar.
Mar.
4,1849
4,1861
Expiration
o f term.
Mar. 3,1849
Jan. 18,1845
Mar.
Mar.
3,1849
3,1861
Mar.
3,1867
Resigned in July, 1832.
Resigned Dec. 1, 1844.
B y governor, to fill vacancy.
40th to 47th......... 1867-1883
47th to 48th......... 1881-1885
49th to 51st............1885-1891
52d to 54th............ 1891-1897
Roscoe Conkling...................... Mar. 4,1867
Elbridge G. L apham .............. July 22,1881
William M. E varts.................. Mar. 4,1885
David B. H ill........................... Mar. 4,1891
55th to 60th.......... 1897-1909
3,1885
Mar.
3,1891
Mar.
3,1897
4,1897
4,1909
Mar.
Mar.
3,1909
3,1915
4,1915
Mar.
3,1927
Resigned May 16,1881.
Elected Jan. 21,1891. Took oath Jan. 7, 1892.
ernor during interim.
Gov-
SENATORS OF THE UNITED STATES.
Thomas C. P la tt...................... Mar.
Elihu R o o t ................................ Mar.
64th to 67th.......... 1915-1923 James W . W adsw orth, j r ___ Mar.
6 8th ....................... 1923-1925 ........d o .........................................
61st to 63d............. 1909-1915
Mar.
571
1 vop.t| i/iogf
SJiK,iU0 W 0
y u c j \ vie*
mmm
jfA I
saiR nujoj
jJl
I
jo 'Siwpv
u j s u o q j o
ip * '
1st to 2 d ........... ...1789-1793
3d to 5 th .......... ...1793-1799
6th to 8 th ........ ...1799-1805
9th to 14th___
14th to 1 7 th ... ...1815-1823
18th to 21st___ ...1823-1831
21st to 26th___ ...1829-1841
26th to 32 d . . . .
33d to 35th___
36th to 4 0 t h ... ...1869-1869
40th to 41st...........1867-1871 ] Joseph C. A b b o t t .
July 14,1868
Mar.
3,1871
B y legislature, to fill vacancy in term beginning Mar.
Matt W . R an som .
Jan. 30,1872
Mar.
3,1895
4, 1865.
State unrepresented in this class from Mar. 4,1871, to
42d to 53d...........1871-1895
Jan. 29,1872.
mitted.
Mar.
4,1895
Mar.
4,1901
Mar.
Mar.
3,1901
3,1925
54th to 56th.......... 1895-1901
57th to 67th.......... 1901-1923
Marion Butler..........................
Furnifold M cL. S im m o n s .. .
68th.........................1923-1925
------d o ........................................ . . . . . d o ........... ....... d o ............
SVVOft
Z. B. Vance was elected b ut not ad
574
Class 3.
Congress.
1st to 3 d ...........
4th to 6 th ........ ...1795-1801
Name of Senator.
Com m ence
ment
o f service.
Benjamin H aw kins................ N ov. 27,1789
Mar. 4,1795
...1801-1807
Mar.
4,1801
10th to 12th. . . ...1807-1813
Mar.
4,1807
13th...................
D o ___
20th to 21st... ...1827-1831
22d to 24th. . . ...1831-1837
24th to 26th. . ...1835-1841
26th to 27th. . ...1839-1843
28th to 29th. .
David S ton e.............................
Remarks.
Mar.
3,1795
Mar.
Mar.
3,1801
3,1807
Resigned about Feb. 17,1807.
Mar.
Mar.
3,1813
3,1819
Resigned in 1814.
4,1813
, 1814
Dec. 5,1815 Mar. 3,1831
14th to 20th. . ...1815-1829
James Iredell............................ Dec. 15,1828 ........ d o .............
Willie P. Mangum.................. Mar. 4,1831 Mar. 3,1837
Robert Strange........................ Dec. 5,1836 Mar. 3,1843
William A . Graham......... .. N ov. 25,1840 ........ d o ............
W illiam II. H ayw ood............ Mar. 4,1843 Mar. 3,1849
Francis Locke..........................
Mar.
Expiration
o f term.
Did not qualify. Resigned in 1815.
Resigned in 1828.
Resigned in 1836.
Resigned in 1840.
Resigned July 25, 1846.
SENATORS OF T H E UNITED STATES,
* rfor- FRASER
Digitized
NORTH CAROLINA —Continued.
George E. B adger...................
Asa Biggs..................................
Thomas L. C lin gm an............
N ov. 25,1846
Mar.
Mar. 4,1855
May 6,1858
N ov. 23,1858
Mar. 3,1861
N ov. 22,1858
Mar. 3,1867
3,1855
Resigned in May, 1858.
B y governor, to fill vacancy.
Expelled July 11, 1861. State unrepresented in this
class from July 11,1861, to June 25,1868, because of
Civil War.
40th to 42d___ ...1867-1873
John P ool..................................
June 25,1868
Mar.
43d to 4 5 t h .... ...1873-1879
46th to 5 3 d .... ...1879-1895
53d....................
Augustus S. M errim on..........
Mar.
Zebulon B. V an ce...................
Thos. J. Jarvis.........................
Mar. 4,1879
Apr. 19,1894
Mar. 3,1879
Mar. 3,1897
Jan. 23,1895
Jeter C. Pritchard...................
Lee S. O verm an ......................
Jan. 23,1895
Mar. 4,1903
53d to 5 7 t h .... ...1893-1903
58th to 6 7th ... ...1903-1923
68th..................
4,1873
3,1873
Mar.
3,1903
Mar.
3,1927
B y legislature, to fill vacancy in term beginning Mar.
4,1867.
SENATORS OF TH E UNITED STATES.
69454°— S. Doc. 349, 67-4
575
29th to 3 3 d ... ...1845-1855
34th to 35th.. ...1855-1859
3 5 t h ................. ...1857-1859
35th to 40th .. ...1857-1869
576
Class 1.
Congress.
N am e of Senator.
51st to 52d............ 1889-1893
53d to 55th........... 1893-1899
L ym an R . Casey.....................
56th to 67th..........1899-1923
Porter J. M cCum ber..............
68th........................ 1923-1925
L y n n J. F ra z ie r.....................
W illiam N . R o a ch ..................
Comm ence
ment
of service.
E xpiration
of term .
N ov. 25,18S9
Mar. 4,1893
Mar.
Mar.
3,1899
Mar.
Mar.
Mar.
Mar.
3,1923
3,1929
4,1899
4,1923
3,1893
Remarks.
SENATORS OF T H E UNITED
NORTH DAKOTA.
N ov. 21,1889
Mar.
3,1891
Mar.
Mar.
Mar.
Mar.
3,1909
51st................. .....1889-1891
52d to 60th. . . . ....1891-1909
Gilbert A . Pierce.....................
Henry C. H ansbrough...........
61st.................. ....1909-1911
D o ........... ......... d o ........
D o ........... ..........d o ........
Martin N . Johnson..................
Fountain L . T h o m p so n ........ N ov. 10,1909
William E . P urcell................. Feb. 1,1910
61st to 66th . . . ...1909-1921
67th.................. ...1921-1923
E . F. L a d d ...............................
68th................. ...1923-1925
Asle J. Gronna.........................
Feb.
Mar.
4,1891
4,1909
2,1911
4,1921
3,1915
Jan. 31,1910
Feb.
1,1911
Mar.
Mar.
3,1921
3,1927
Died Oct. 21,1909.
B y governor, to fill vacancy.
B y governor, to fill vacancy.
Resigned Jan. 31,1910.
SENATORS OF T H E UNITED STATES.
577
Class 3.
for Sftn. Win/r Cn
>
■ n
^
OHIO.
Or
<1
00
Class 1.
Comm ence
ment
of service.
Congress.
Name of Senator.
8th to 10th.............1803-1809
John S m ith ..............................
Apr.
10th to 11th...........1807-1811
R eturn J. Meigs, jr .................
Thom as W orthington...........
1,1803
E xpiration
o f term.
Mar.
3,1809
Remarks.
Resigned in 1808.
14th to 22d.............1815-1833
Benjam in lluggles..................
Dec. 12,1808 Mar. 3,1815 Resigned May 1,1810.
Dec. 15,1810 ........ d o ............. Resigned Dec. 1,1814.
Dec. 10,1814 ........ d o .............
Mar. 4,1815 Mar. 3,1833
23(1 to 25th.............1833-1839
Thom as Morris........................
Benjam in T a p p an ..................
Mar.
Mar.
11th to 13th........... 1809-1815
13th......................... 1813-1815
26th to 28th........... 1839-1845
29th to 31st............ 1845-1851
31st..........................1849-1851
32d to 40th.............1851-1869
41st to 46th............ 1869-1881
47th to 55th...........1881-1899
4,1839
Thom as Corwin....................... Mar. 4,1845
Thom as E w in g....................... July 20,1850
Benjamin F. W ade................ Mar. 4,1851
Allen G. T hurm an................. Mar. 4,1869
John Sherm an......................... Mar. 4,1881
Marcus A . Hanna................... Mar. 5,1897
65th......................... 1897-1899
65th to 58th........... 1897-1905 ........ d o ........................................
68th to 61st............ 1903-1911
62d to 67th.............1911-1923
68th......................... 1923-1925
4,1833
Charles H ick............................
Atlee I’ omerene......................
Sim eon D . Fess......................
Jan. 12,1898
Mar, 2,1904
Mar. 4,1911
Mar. 4,1923
Seriaiois by State? )g
Mar.
Mar.
3,1839
3,1845
Mar.
3,1861
Mar.
Mar.
3,1869
3,1881
Resigned July 20,1850.
B y governor, to fill vacancy.
Mar. 3,1899
Jan. 12,1898
Resigned Mar. 5, 1897.
Mar.
3,1905
Died Feb. 15, 1904.
Mar.
Mar.
Mar.
3,1911
3,1923
3,1929
------ -—
——
B y governor, to fill vacancy.
Class 3
8th to 9 th ............1803-1807
10th.................. ...1807-1809
16th to 1 7 th ... ...1819-1823
17th to 1 8th ... ...1821-1825
19th to 2 0 th ... ...1825-1829
20th to 21st. . . ...1827-1831
22d to 24th___ ...1831-1837
25th to 30th. . . ...1837-1849
31st to 33d___ ...1849-1855
34th to 3 6 th ... ...1855-1861
37th.................. ...1861-1863
37th to 45th. . . ...1861-1879
45th.................. ...1877-1879
46th to 48th. . .
49th to 51st....
52d to 54th. . . .
55th to 6 0 th ...
...1879
@FedFRASER