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JUDGMENT.

Judgments in Parliament, for death, have been strictly guided per legem terræ, which they cannot alter; and not at all according to their discretion. They can neither admit any part of the legal judgment, nor add to it. Their sentence must be secundum, non ultra legem.-Seld. Jud. 168, 169, 170, 171. This trial, though it varies in external ceremonies, yet differs not in essentials from criminal prosecutions before inferior courts. The same rules of evidence, the same legal notions of crimes and punishments, prevail. For impeachments were 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. 14–2 Wood. 611. The Chancellor gives judgments 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.—1 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. 614, 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—5 Com. Jour. 23 Dec. 1790.—Lord's Jour. May 16, 1791–2 Wood. 618.

INDEX

TO

JEFFERSON'S MANUAL.

Absence, not allowed without leave,

provision in case of, .
Address, how presented,
Adhere, question discussed,

effect of a vote to,

should be two conferences before vote to,
Adjournment, motion for, cannot be amended,

rules and regulations in respect to....
a question is removed by,..
of the session, all unfinished business falls,
of the session, modes and manner discussed,
to be declared by the Speaker, .
for more than three days by concurrent votes,.
provision for disagreement respecting,.

effect of, on business pending,..
Amendment to Bills-See also Bills,..

proceedings in relation to,..
how to be reported,
fall on recommitment,.
in the third degree not admissible,
discussion of the nature and coherence of,
Speaker cannot refuse to receive because inconsistent,
may totally change the subject, ...
if House refuse to strike out a paragraph it cannot be amended,..
a new bill may be engrafted on another,
mode of poceeding on amendments between the Houses,
made in committee of the whole, falls by reference,
proposed, inconsistent with one adopted may be pút,
may be amended, prior to adoption but not after,
(proposed,) by striking out, and lost, the paragraphs proposed to

be stricken out cannot be amended,
not identical or equivalent to one lost, may be proposed,..

99

99
100, 101

140
141
150

158
157, 158

139
158
158
158
158
158

158
120, 121
120, 121

121

121
130, 150
129, 134

134
134
135

134
151, 152

122
134
136

by insertion, how far liable to further amendment,
Apportionment of representatives, table of,

135
135
136
97

91, 92

Appropriation, made by resolution,

115 Arrest, definition of privilege from,.. terminates with the session,

113 Assault and Affrays in the House, how settled,.

110 Assent to bills, by the executive, regulations respecting,

155 Ayes and Noes, how questions are determined by,.

144 no member to vote if not present,

146 Bills, engrossed, must not be looked into,

107 to be fairly written, or speaker may refuse them,

116 amendments fall, if recommitted,

121 a particular clause may be recommitted,

121 amendments, how proceeded with,

121 amendments fall if referred to committee,.

122 proceedings on second reading, .

123, 124 time for attacking or opposing,.

124, 143 what constitutes possession,..

196 one bill may be engrafted on another,.

134, 136 one House may pass with blanks and be filled in the other,

137 on third reading, forms observed,

141, 142 on third reading may be committed,

142 on third reading, amended by riders,.

142 on third reading, blanks filled,

142 cannot be altered after passage, .

143 new, concerning their introduction,

116 to receive three readings, &C.,

116 how brought in on notice and leave,

116 forms in introducing,

126 not amended at first reading,..

116 proceedings on the second reading,

116, 123, 125 how and to whom committed,

117 shall be read twice before commitment,

117 not to be referred to avowed opponents,

117 referred, may be delivered to any of the committee,

117 amendments between the Houses, mode of proceeding,.

149, 150 by whom to be taken from House to House,

154 may be specially commended to notice of the other House,.

154 rejected, course to be pursued,...

154 if one House neglects à bill, the other may remind of it,

154 how to be enrolled, signed and presented to President,

155 amendments cannot be receded from or insisted on, by the amending House, with a further amendment,

150 amendment to an amendment has precedence over a motion to agree or disagree,

151 amendments to amendments, how far admissible,

151 proceedings upon in committee of the whole, &c.,..

122 titles, when made,

147 reconsideration, when and how the question may be moved, 147, 148 reconsideration, at what time to be moved,.

147 reconsideration, effect of a vote for,

147 148

148 148

148 150 151

153 155 155

Bills, (rejected) relating to their being brought in during the same

session,
originating in one House, rejected in the other, may be renewed

in the rejecting House,
expedient for remedying omissions in,
mode of proceeding, when founded on facts requiring explana-

tion,...
effect of a vote to insist or adhere,
conferences upon, at what stages, and by whom asked,..
papers relating to, to be left with the conferees of the House

acceding to the conference,..
enrolling,
proceedings when disapproved,
not returned in ten days, to be laws, unless an adjournment inter-

vene,...
Blanks, longest time, largest sum first put,.

bills may be passed with, and be filled in other House,
may be filled in engrossed bills,

construction of the rule of filling,
Breach of Peace, mode of proceeding on charge of,.
Bribery, (Randall and Whitney's case,) breach of privilege,.
Business, order of, in Senate,

a settled order in its arrangement useful,
Call of the House, proceedings in case of,..
Challenge, breach of privilege,
Chairman, of committee elected,

of committee of the whole, may be elected,
Change of Vote, right to,...
Clerk, puts questions before the election of Speaker,..

to read standing,
numbers the sections,

may correct his errors,
Committees, cannot inquire concerning their members,.

must not sit when House is in Session,..
may elect chairman,.,
manner of proceeding in,
cannot reconsider or alter their own votes,
how they report amendments,
cannot sit in the recess after Congress has expired,
a member elect, though not returned, may be appointed on,
standing,
forms and proceedings in,.
joint, how they act,..
who shall compose,
how appointed in Senate...
time and place of meeting,..
majority of, to constitute a quorum,.
members of the House may be present at their sittings,.
their power over a bill,

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101 101, 118

101 117 117

18 118 118 121

Committees, have entire control over a report recommitted,

122 dissolved by a report,

122 how revived,..

122 may be discharged from instructions,

148 when they may sit during recess,

159 effect of a reference to, when a bill has been amended in committee of the whole,

122 Committee of the Whole, great matters usually referred to,

102 may elect their chairman,

102 Speaker may resume chair if in great disorder,

102 manner of doing business in, in Senate,

122 proceedings in,...

102, 118, 122 irregularly dissolved,

103 cannot adjourn,

103 report proceedings,

103 subjects which have passed through may be referred to special committees,..

123 particulars which attach to, ..

122 Communications, confidential, to be kept secret,

160 Common fame, a ground for proceeding,..

103 Conferences, common to have two before vote to adhere,

151 cannot alter any thing on which the Houses have agreed,.

152 discussion of the nature and occasion of,

152 report of, cannot be amended or altered,

152 papers left with conferees of House agreeing to,

153 when, by which House, and what stages to be asked,.

152 Co-existing questions, discussed,

139 Counsel may be heard on private bills and law points,

105 Count of the House may be called,

99 (See Division of the House.) Covered, when members are not to be,

107 Debate, no one to speak impertinently, superfluously, or tediously,.. 108 not cut off, til both sides of the question be put,

139 forms and proprieties to be observed,.

107, 108, 109 The Speaker not allowed to engage in, except on points of order, ....

108 proceedings of the House not to be censured,.

108 personalities to be prohibited,.

108 motives not to be arraigned,

109 violation of order in, to be suppressed by the Speaker,

109, 112 disorderly words not to be noticed until the member has finished,..

110 disorderly words when taken down,

110 proceedings of the House not to be noticed in,.

110 members concerned or implicated by the subject of, ought to withdraw,

111 Decorum, points of, (See Debate)..

110, 111 Defamatory publications, breach of privilege,..

93 Disorder in Committee of Whole, Speaker to resume chair if great, . 103

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