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On complaint of a breach of privilege, the party may either be summuned or sent for in custody of the sergeant. 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 cannot in effect waive the privilege of the House. 3 Grey, 140, 222.
For any speech or debate in either house they sha not be questioned in any other place. Const. U. S., I, 6; S. P. protest of 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 Parl., 63.
Privilege is in the power of the House, and is a restraint to the proceedings of inferior courts, but not of the House itself, 2 Nalson, 450 ; 2 Grey, 399; for what ever 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, &c. Scob., 72; L. Parl., c. 22.
It is a breach of order for the speaker to refuse to put a question which is in order. 2 Hats., 175–6; 5 Grey, 133.
And even in cases of treason, felony, and breach of the peace, to wbich privilege does not extend as to substance, yet in Parliament a member is privileged as to the mode of 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, &c., 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. of the Com. on the King's declaring Sir John Hotham a traitor ; 4 Rushw., 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 ; D'Ewes, 283, col. 1; Lex Parl., 133.
When it is found necessary for the public service to put a member under arrest, or when, on any public inquiry, watter 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., 259. Of which see many examples. Ib., 256, 257, 258. But the communication is subsequent to the arrest. 1 Blackst., 167.
It is highly expedient, says Hatsel, for the due preservation of the privileges of the separate branches of the legislature, that neither should encroach on the other or interfere in any matter depending before them, so as to preclude, or even 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 parliamentary manner. 2 Hats., 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 provisional clause for a bill before it was presented to him by the two houses; his expressing displeasure against some persons for matters moved in Parliament duriug the debate and preparation of a bill, were breaches of privilege, 2 Nalson, 743; and in 17833, December 17, it was declared a breach of fundamental privileges, &c., 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, 256.
The provisional apportionments of Representatives made in the Constitution in 1787,
and afterwards by Congress, were as follows :
- 86 COD 9.8WA UFwer
9 28 13 9 6 10 6 6
4 10 4
6 13 8 6 8 10 10 21
4 11 5
5 9 10
4 7 9 8 19
5 11 5
a As per Constitution. b As per act of April 14, 1792, one Representative for 33,000—first census. • As per act of January 14, 1802, one Representative for 33,000-second census. d As per act of December 21, 1811, one Representative for 35,000—third census. • As per act of March 1822, one Representative for 40,000—fourth census. FAs per act of May 22, 1832, one Representative for 47,700—fifth census. 8 As per act of June 25, 1842, one Representative for 70,680—sixth census. " As per act of May 23, 1850, and July 30, 1852, one Representative for 93,000-seventh census. i As per act of March 4, 1862, one Representative for 126,823—eighth census. j As per acts of February 2 and May 30, 1872, one Representative for 135,239—ninth census.
k 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. By compact between Maine and Massachusetts, Maine became a separate and independent State, and by act of Congress of 3d March, 1820, was admitted into the Union as such-the admission to take place on the 15th of the same month. On the 7th of April, 1820, Maine was declared entitled to seven Representatives, to be taken from those of Massachusetts.
1 Admitted under act of Congress, June 1, 1796, with one Representative.
The provisional apportionments of Representatives, 8c.-Continued.
9 Admitted under act of Congress, December 3, 1818, with one Representative.
Admitted under act of Congress, March 2, 1821, with one Representative.
Admitted under act of Congress, March 3, 1845, with one Representative.
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.
SEC. V.-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 Sen ate of the United States, the trouble of rising cannot be necessary.
Orders for calls on different days may subsist at the same time. 2 Hats., 72.
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 Gray, 406. Where the House debated and exchanged messages and answers with the King for a week, without a Speaker, till tbey were prorogued. They have done it de die in diem for fourteen days.—1 Chand., 331, 335.
Where the Speaker has been ill, other Speakers pro tempore have been appointed. Instances of this are 1 H., 4, Sir John Cheyney, and for Sir Wm. Sturton, and in 15 A., 6, Sir John Tyrrell, 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
Not merely pro tempore. 1 Chand., chosen, 1678, April 15.
169, 276, 277. Sawyer being ill, Seymour chosen.
Thorpe in execution, a new Speaker chosen. 31 K. 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.
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.
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., 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 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 daty bound to rise instantly, and the members to attend the services 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. IV.-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 every one-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 under 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 cannot. 2 Hats., 125, 126.
In a committee of the whole, the tellers on a division differing as to numbers, great heats and confusion arose, and danger of a decision by the sword. The Speaker took the chair, the mace was forcibly laid on the table; whereupon, 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 it; 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 committee, which was done. 3 Grey, 128.
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 returning into committee. 3 Grey, 130.
No previous question can be put in a committee, nor can this committee adjourn