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when a quorum is convened, shall judge sufficient, and in that case the expense shall be paid out of the contingent fund. And this rule shall apply as well to the first convention of the Senate, at the legal time of meeting, as to each day of the session, after the hour is arrived to which the Senate stood adjourned.—Rule 8.
The Vice President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided.-Const. U. S. Art. I. Sec. 3.
The Senate shall choose their other officers, and also a President pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the United States.-Const. U. S. Art. I. Sec. 3.
The House of Representatives shall choose their Speaker and other officers.-Const. U. S. Art. I. Sec. 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 Huts. 168. As are also questions of adjournment.-6 Grey, 406. Where the House debated and exchanged messages and answers with the king for a week, without a Speaker, till they were prorogued. They have done it de die in diem for 14 days.-1 Chand. 331, 335.
In the Senate, a President pro tempore, in the absence of the Vice President, is proposed and chosen by ballot. His office is understood to be determined on the Vice President's appearing and taking the chair, or at the meeting of the Senate after the first recess.- Vide Rule 23.
Where the Speaker has been ill, other Speakers pro tempore have been appointed. Instances of this are, 1 H. 4, Sir John Cheney, and for Sir William Sturton, and in 15 H. 6, Sir John Tyrrell, in 1656, Jan. 27-1658, Mar. 9—1659, Jan. 13.
Sir Job Charlton ill, Seymour chosen, 1673, Feb. 18.
Seymour being ill, Sir Robert Sawyer chosen, 1678, April 15. Sawyer being ill, Seymour chosen.
»pro tempore.— 1 Chand. 169, 276, 277.
Thorpe in execution, a new Speaker chosen -31 H. VI—3 Grey, 11; and March 14, 1694, Sir John Trevor chosen. There have been no later instances-2 Hats, 161.—4 Inst.—8 Lex. Parl. 263.
A Speaker may be removed at the will of the House, and a Speaker pro tempore appointed.2 Grey, 186-5 Grey, 134,-Vide Rule Sen. 23.
The President shall, from time to time, give to the Congress information of the state of the Union, and re
commend to their consideration such measures as he shall judge necessary and expedient.-Const. U. S. Art. II. Sec. 3.
A joint address from both Houses of Parliament is read by the Speaker of the House of Lords. It may be attended by both Houses in a body, or by a committee from each House, or by the two Speakers only. An address of the House of Commons only may be presented by the whole House, or by the Speaker.-9 Grey, 473, 1 Chandler, 298. 301, or by such particular members as are of the Privy Council.-2 Hats. 276.
Standing committees, as of privileges and elections, &c. are usually appointed at the first meeting, to continue through the session. The person first named is generally permitted to act as chairman. But this is a matter of courtesy ; every committee having a right to elect their own chairman, who presides over them, puts questions, and reports their proceedings to the House--4 Inst. 11, 12-Scob. 7—1 Grey, 112.
*Mode of appointing committees.-Vide Senate Rules 34. Rules H. R.9.
At these committees the members are to speak standing, and not sitting; though there is reason to conjecture it was formerly otherwise. D'Ewes, 630. col. 1-4 Parl. Hist. 440—2 Hats. 77.
Their proceedings are not to be published, as they are of no force till confirmed by the House. Rushw. part 3, vol. 2, 74-3 Grey, 401-Scob. 39. Nor can they receive a petition but through the House.-9 Grey, 412.
When a committee is charged with an inquiry, if a member prove to be involved, they cannot proceed against him, but must make a special report to the House; whereupon the member is heard in his place, or at the bar, or a special authority is given to the committee to 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. Vide Rules H. R. 78.
It appears, that on joint committee of the Lords and Commons, each committee acted integrally, in the following instances-7 Grey, 261, 278, 285, 338-1 Chandler, 357. 462. In the following instances it does not appear whether they did or not-6 Grey, 129—7 Grey,
COMMITTEE OF THE WHOLE.
The speech, messages, and other matters of great concernment, are usually referred to a committee of the whole House-6-Grey, 311, where general principles are digested in the form of resolutions, which are debated and amended till they get into a shape which meets the approbation of a majority. These being reported and confirmed by the House, are then referred to one or more select committees, according as the subject divides itself into one or more bills-Scob. 36, 44. Propositions for any charge on the people are especially to be first made in a committee of the whole--3 Hats. 127. Vide Rules H. R. 101. The sense of the whole is better taken in committee, because in all committees every one speaks as often as he pleases--Scob. 49. Vide Rules H. R. 104. 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 questionScob. 36-3 Grey, 301. Vide Rules H. R. 96. The form of going from the House into committee, is for the Speaker, on motion, to put the question that the House do now resolve itself into a committee of the whole, to take under