or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either House during his continuance in office. Constitution, I, 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.

NOTE.-See Senate Rule III.

SEC. VII. CALL OF THE HOUSE.

On a call of the House, each person rises up as he is called, and answereth; the absentees are then only noted, but no excuse to be made till the House be fully called over. Then the absentees are called a second time, and if still absent, excuses are to be heard. Ord. House of Commons, 92.

They rise that their persons may be recognized, the voice, in such a crowd, being an insufficient verification of their presence. But in so small a body as the Senate of the United States the trouble of rising can not be necessary.

Orders for calls on different days may subsist at the same time. 2 Hats., 72.

NOTE.-See Senate Rule V, clause 2,

SEC. VIII. ABSENCE.

No member shall absent himself from the service of the Senate without leave of the Senate first obtained. And in case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the Sergeant-at-Arms, or any other person or persons by them authorized, for any or all absent members, as the majority of such members present shall agree, at the expense of such absent members, respectively, unless such excuse for nonattendance shall be made as the Senate, when a quorum is convened, shall judge sufficient; and in that case the expense shall be paid out of the contingent fund. And this rule shall apply as well to the first convention of the Senate, at the legal time of meeting, as to each day of the session, after the hour is arrived to which the Senate stood adjourned.

NOTE.-See Senate Rule V.

SEC. IX. SPEAKER.

The Vice-President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided. Constitution, I, 3.

The Senate shall choose their officers, and also a President pro tempore in the absence of the Vice-President, or when he shall exercise the office of President of the United States. Ib. The House of Representatives shall choose their Speaker and other officers. Constitution, I, 2.

When but one person is proposed, and no objection made, it has not been usual in Parliament to put any question to the House; but without a question the members proposing him conduct him to the chair. But if there be objection, or another proposed, a question is put by the Clerk. 2 Hats., 158. As are also questions of adjournment. 6 Grey, 406. 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 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.

NOTE.-See Senate Rule I.

Where the Speaker has been ill, other Speakers pro tempore have been appointed. Instances of this are 1 H., 4. Sir John Cheyney and Sir William Sturton, and in 15 H., 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 Sawyer chosen, 1678, April 15.

Sawyer being ill, Seymour chosen.

Not merely pro tempore. 1 Chand., 169, 276, 277.

3

There

Thorpe in execution, a new Speaker chosen, 31 H. VI, Grey, 11; and March 14, 1694, Sir John Trevor chosen. have been no later instances. 2 Hats., 161; 4 Inst., 8; L. Parl., 263.

A Speaker may be removed at the will of the House, and a Speaker pro tempore appointed. 2 Grey, 186; 5 Grey, 134.

SEC. X. ADDRESS.

The President shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. Constitution, II, 3.

A joint address of both Houses of Parliament is read by the

Speaker of the House of Lords. It may be attended by both Houses in a body, or by a committee from each House, or by the two Speakers only. An address of the House of Commons only may be presented by the whole House, or by the Speaker, 9 Grey, 473; 1 Chandler, 298, 301; or by such particular members as are of the privy council. 2 Hats., 278.

SEC. XI. COMMITTEES.

Standing committees, as of Privileges and Elections, etc., are usually appointed at the first meeting, to continue through the session. The person first named is generally permitted to act as chairman. But this is a matter of courtesy; every committee having a right to elect their own chairman, who presides over them, puts questions, and reports their proceedings to the House. 4 Inst., 11, 12; Scob., 9; 1 Grey, 122.

NOTE.-See Senate Rules XXIV and XXV.

At these committees the members are to speak standing, and not sitting; though there is reason to conjecture it was formerly otherwise. D'Ewes, 630, col. 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. Rush., 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 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, 278, 285, 338; 1 Chandler, 357, 462. In the following instances it does not appear whether they did or not: 6 Grey, 129; 7 Grey, 213, 229, 321.

SEC. XII. 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. 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, to put the question that the House do now resolve itself into a Committee of the Whole to take into consideration such a matter, naming it. If determined in the affirmative, he leaves the chair and takes a seat elsewhere, as any other member, and the person appointed chairman 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.

NOTE.-See Senate Rule XXVIII,