[Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers; which shall be determined by adding to the whole number of free persons; including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. 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. Constitution of the United States, I. 2.]

The provisional apportionments of representatives made in the Constitution in 1787, and afterwards by Congress, were as follows:

1. As per Constitution.

2. As per act of April 14, 1792, one representative for 30,000, first census. 3. As per act of Jan. 14, 1802, one representative for 33,000, second census. 4. As per act of Dec. 21, 1811, one representative for 35,000, third census. 5. As per act of March 7, 1822, one representative for 40,000, fourth census. 6. As per act May 22, 1832, one representative for 47,700, fifth census. 7. As per act of June 25, 1842, one representative for 70,680, sixth census. 8. As per act of May 23, 1850, one representative for 98,702, seventh census. 9. By act of Congress of May 23, 1850, it was enacted that the number of representatives in Congress should be 233; that the representative population determined by the census of that year and thereafter should be divided by said number 233; and the quotient so found should be the ratio of representation for the several states. The ratio thus ascertained under the census of 1860 was 126,823, and upon this basis the 233 representatives were apportioned among the several states, one representative for every district containing that number of persons; giving to each state at least one representative. Subsequently, by act of March 4, 1862, the ratio was changed and the number of representatives from and after March 3, 1863, was increased from 233 to 241, by allowing one additional representative to each of the following states, viz.: Illinois, Iowa, Kentucky, Minnesota, Ohio, Pennsylvania, Rhode Island and Vermont; and this number was increased by the admission of Nevada and Nebraska, with one representative each, to 243.

10. As per apportionment bill passed Feb. 2, 1872, and supplemental apportionment bill passed May 30, 1872.

11. Previous to the 3d of March, 1820, Maine formed part of Massachusetts, and was called the "District of Maine," and its representatives are numbered with those of Massachusetts. By compact between Maine and Massachusetts, Maine became a separate and independent state, and by act of Congress of March 3, 1820, was admitted into the Union as such; the admission to take place on the the fifteenth of the same month. On the 7th of April, 1820, Maine was declared entitled to seven representatives, to be taken from those of Massachusetts.

12. Divided by action of state legislature and Congress of 1861 and 1862 and state of West Virginia created therefrom.

13. Admitted under act of Congress of June 1, 1796, with one representative.

28. Admitted under act of Congress of May 11, 1858, with two representatives.

31. Previous to Dec. 31, 1862; West Virginia was a part of the state of Virginia, which state was entitled to eleven members of the house of representatives.

32. Admitted under act of Congress of Oct. 31, 1864, with one representative. 33. Admitted under act of Congress of January, 1867, and proclamation of the president, March 1, 1867, with one representative.

[When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. Const. I. 2.] [No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office. Const. I. 6.]

SECTION VI.

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. Const. I. 5.]

In general, the chair is not to be taken till a quorum for business is present; unless, after due waiting, such a quorum be despaired of, when the chair may be taken and the house adjourned. And whenever, during business, it is observed that a quorum is not present, any member may call for the house to be counted; and being found deficient, business is suspended. 2 Hats. 125, 126. [The president having taken the chair and a quorum being present, the journal of the preceding day shall be read, to the end that any mistake may be corrected that shall have been made in the entries. Rules of the Senate.]

SECTION VII.

CALL OF THE HOUSE.

On a call of the house, 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.

SECTION VIII.

ABSENCE.

[No member shall absent himself from the service of the senate without leave of the senate first obtained. And in case a less number than a quorum of the senate shall convene, they are hereby authorized to send the 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 non-attendance shall be made as the senate, when a quorum is convened, shall judge sufficient; and in that case the expense shall be paid out of the contingent fund. And this rule shall apply as well to the first convention of the senate, at the legal time of meeting, as to each day of the session after the hour is arrived to which the senate stood adjourned. Rule 8.]

SECTION IX.

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. Const. I. 2.]

When but one person is proposed and no objection made, it has not been usual in parliament to put any question to the house; but without a question the members proposing him conduct him to the chair. But if there be objection, or another proposed, a question is put by the clerk. 2 Hats. 168. As are also questions of adjournment. 6 Grey, 406. Where the house debated and exchanged messages and answers with the king for a week without a speaker, till they were prorogued. They have done it de die 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 appearing and taking the chair, or at the meeting of the senate after the first recess.]

Where the speaker has been ill, other speakers pro tempore have been appointed. Instances of this are 1 H. 4, Sir John Cheney, and for Sir Wm. Sturton, and in 15 H. 6, Sir John Tyrell, in 1656, January 27th, 1658, March 9th; 1659, January 13th.

Sir John Charlton, ill, Seymour chosen, 1673, February 18th.

Seymour being ill, Sir Robert Sawyer chosen, 1678, April 15th.

Sawyer being ill, Seymour chosen.

Not merely pro tempore.

1 Chand. 169, 276, 277.

Thorpe in execution, a new speaker chosen, 31 H., VI. 3 Grey, 11; and March 14, 1694, Sir John Trevor chosen. There have been no later instances. 2 Hats 161; 4 Inst.; 8 L Parl. 263.

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

SECTION X.

ADDRESS.

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

A joint address of both houses of parliament is read by the speaker of the house of lords. It may be attended by both houses in a body, or by a committee from each house, or by the two speakers only. An address of the house of commons only may be presented by the whole house or by the speaker. 9 Grey, 473; 1 Chandler, 298, 301; or by such particular members as are of the privy council. 2 Hats. 278.

SECTION XI.

COMMITTEES.

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

9; 1 Grey, 122.

At these committees the members are to speak standing and not sitting; though there is reason to conjecture it was formerly otherwise. D'Ewes, 630, col. 1; 4 Parl. Hist. 440; 2 Hats. 77.

Their proceedings are not to be published, as they are of no force till confirmed by the house. Rushw, part 3, vol. 2, 74; 3 Grey, 401; Scob. 39. Nor can they receive a petition but through the house. 9 Grey, 412.

When a committee is charged with an inquiry, if a member prove to be involved, they 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 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, 213, 229, 321.

RULE 43. The vice president, or president of the senate pro tempore, shall have the right to name a member to perform the duties of the chair; but such substitution shall not extend beyond an amendment.