and relating to the safety of the nation. 10 Grey, 171. Or when the methods of Parliament are thought by the one house to have been departed from by the other, a conference is asked to come to a right understanding thereon. 10 Grey, 148. So when an unparliamentary message has been sent, instead of answering it, they ask a conference. 3 Grey, 155. Formerly an address or articles of impeachment, or a bill with amendments, or a vote of the House, or concurrence in a vote, or a message from the King, were sometimes communicated by way of conference. 6 Grey, 128, 300, 387; 7 Grey, 80; 8 Grey, 210, 255; 1 Torbuck's Deb., 278; 10 Grey, 293; 1 Chandler, 49, 287. But this is not the modern practice. 8 Grey, 255.

A conference has been asked after the first reading of a bill. 1 Grey, 194. This is a singular instance.

SEC. XLIII.-MESSAGES.

Messages between the houses are to be sent only while both houses are sitting. 3 Hats., 15. They are received during debate without adjourning the debate. 3 Hats., 22.

In the House of Representatives, as in Parliament, if the House be in committee when a messenger attends, the Speaker takes the chair to receive the message, and then quits it to return into committee, without any question or interruption. 4 Grey, 226.

Messengers are not saluted by the members, but by the Speaker of the House. 2 Grey, 253, 274.

If messengers commit an error in delivering their message, they may be admitted or called in to correct their message. 4 Grey, 41. Accordingly, March 13, 1800, the Senate having made two amendments to a bill from the House of Representatives, their Secretary, by mistake, delivered one only, which being inadmissible by itself, that house disagreed, and notified the Senate of their disagreement. This produced a discovery of the mistake. The Secretary was sent to the other house to correct his mistake; the correction was received, and the two amendments acted on de

novo.

As soon as the messenger, who has brought bills from the other house, has retired, the Speaker holds the bills in his hand and acquaints the House "that the other house have, by their messenger, sent certain bills," and then reads their titles, and delivers them to the clerk, to be safely kept till they shall be called for to be read. Hakew., 178.

It is not the usage for one house to inform the other by what numbers a bill has passed. 10 Grey, 150. Yet they have sometimes recommended a bill, as of great importance, to the consideration of the house to which it is sent. 3 Hats., 25. Nor when they have rejected a bill from the other house, do they give notice of it; but it passes sub silentio, to prevent unbecoming altercations. 1 Blackst., 183.

[But in Congress the rejection is notified by message to the house in which the bill originated.]

A question is never asked by the one house of the other by way of message, but only at a conference; for this is an interrogatory, not a message. 3 Grey, 152, 181. When a bill is sent by one house to the other, and is neglected, they may send a message to remind them of it. 3 Hats., 25; 5 Grey, 154. But if it be mere inattention, it is better to have it done informally, by communication between the speakers or members of the two houses.

Where the subject of a message is of a nature that it can properly be communicated to both houses of Parliament, it is expected that this communication should be made to both on the same day. But where a message was accompanied with an original declaration, signed by the party to which the message referred, its being sent to one house was not noticed by the other, because the declaration, being original, could not possibly be sent to both houses at the same time. 2 Hats., 260, 261, 262.

The King having sent original letters to the commons, afterward desires they may be returned, that he may communicate them to the lords. 1 Chandler, 303.

SEC. XLIV.-ASSENT.

The house which has received a bill and passed it may present it for the King's assent, and ought to do it, though they have not by message notified to the other their passage of it. Yet the notifying by message is a form which ought to be observed between the two houses from motives of respect and good understanding. 2 Hats., 142. Were the bill to be withheld from being presented to the King, it would be an infringement of the rules of Parliament. Ib.

[When a bill has passed both houses of Congress, the house last acting on it notifies its passage to the other, and delivers the bill to the Joint Committee of Enrollment, who see that it is truly enrolled in parchment.] When the bill is enrolled, it is not to be written in paragraphs, but solidly, and all of a piece, that the blanks between the paragraphs may not give room for forgery. 9 Gray, 143. [It is then put into the hands of the Clerk of the House of Representatives to have it signed by the Speaker. The Clerk then brings it by way of message to the Senate to be signed by their President. The Secretary of the Senate returns it to the Committee of Enrollment, who present it to the President of the United States. If he approve, he signs, and deposits it among the rolls in the office of the Secretary of State, and notifies by message the house in which it originated that he has approved and signed it; of which that house informs the other by message. If the President disapproves, he is to return it with his objections. to that house in which it shall have originated; who are to enter their objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the President's objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of that house, it shall become a law. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their. adjournment, prevent its return; in which case it shall not be a law. Const. U. S., I, 7.]

SEC. XLV.-JOURNALS.

If a question is interrupted by a vote to adjourn, or to proceed to the orders of the day, the original question is never printed in the journal, it never having been a vote, nor introductory to any vote; but when suppressed by the previous question, the first question must be stated in order to introduce and make intelligible the second. 2 Hats., 83.

So also when a question is postponed, adjourned, or laid on the table, the original question, though not yet a vote, must be expressed in the journals, because it makes part of the vote of postponement, adjourning, or laying it on the table.

Where amendments are made to a question, those amendments are not printed in the journals separated from the question, but only the question as finally agreed to by the House. The rule of entering in the journals only what the House has agreed to is founded in great prudence and good sense, as there may be many questions proposed which it may be improper to publish to the world in the form in which they are made. 2 Hats., 85.

The first order for printing the votes of the House of Commons was October 30, 1685. 1 Chandler, 387.

Some judges have been of opinion that the journals of the House of Commons are no records, but only remembrances. But this is not law. Hob., 110, 111; Lex. Parl.,114, 115; Jour. H. C., Mar. 17, 1592; Hale, Parl., 105. For the lords in their house have power of judicature, the commons in their house have power of judicature, and both houses together have power of judicature, and the book of the clerk of the House of Commons is a record, as is affirmed by act of Parl., 6 H.8, c. 16; 4 Inst., 23, 24; and every member of the House of Commons hath a judicial place. 4 Inst., 15. As records they are open to every person, and a printed vote of either house is sufficient ground for the other to notice it. Either may appoint a committee to inspect the journals of the other, and report what has been done by the other in any particular case. 2 Hats., 361; 3 Hats., 27-30. Every member has a right to see the journals, and to take and publish votes from them. Being a record, every one may see and publish them. 6 Grey, 118, 119.

On information of a misentry or omission of an entry in the journal, a committee may be appointed to examine and rectify it, and report it to the House. 2 Hats., 194, '75.

SEC. XLVI.-ADJOURNMENT.

The two houses of Parliament have the sole, separate, and independent power of adjourning each their respective houses. The King has no authority to adjourn them; he can only signify his desire, and it is in the wisdom and prudence of either house to comply with his requisition, or not, as they see fitting. 2 Hats., 332; 1 Blackstone, 186; 5 Grey, 102.

A motion to adjourn, simply, cannot be amended, as by adding "to a particular day;" but must be put, simply, "that this House do now adjourn ;" and if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolution, "that at its rising it will adjourn to a particular day," and then the House is adjourned to that day. 2 Hats., 82.

Where it is convenient that the business of the House be suspended for a short time, as for a conference presently, to be held, &c., it adjourns during pleasure; 2 Hats., 305; or for a quarter of an hour. 6 Grey, 331.

If a question be put for adjournment, it is no adjournment till the Speaker pronounces it. 5 Grey, 137. And, from courtesy and respect, no member leaves his place till the Speaker has passed on.

SEC. XLVII.-A SESSION.

Parliament have three modes of separation, to wit: By adjournment, by prorogation or dissolution by the King, or by the efflux of the term for which they were elected. Prorogation or dissolution constitutes there what is called a session, pro

A SESSION-TREATIES.

93

vided some act has passed. In this case all matters depending before them are discontinued, and at their next meeting are to be taken up de novo, if taken up at all. 1 Blackst., 186. Adjournment, which is by themselves, is no more than a continuance of the session from one day to another, or for a fortnight, a month, &c., ad libitum. All matters depending remain in statu quo, and when they meet again, be the term ever so distant, are resumed, without any fresh commencement, at the point at which they were left. 1 Lev., 165; Lex. Parl., c. 2; 1 Ro. Rep., 29; 4 Inst., 7, 27, 28; Hutt., 61; 1 Mod., 252; Ruffh. Jac. L. Dict. Parliament; 1 Blackst., 186. Their whole session is considered in law but as one day, and has relation to the first day thereof. Bro. Abr. Parliament, 86.

Committees may be appointed to sit during a recess by adjournment, but not by prorogation. 5 Grey, 374; 9 Grey, 350; 1 Chandler, 50. Neither house can continue any portion of itself in any parliamentary function beyond the end of the session without the consent of the other two branches. When done, it is by a bill constituting them commissioners for the particular purpose.

[Congress separate in two ways only, to wit: by adjournment, or dissolution by the efflux of their time. What, then, constitutes a session with them? A dissolution closes one session, and the meeting of the new Congress begins another. The Constitution authorizes the President, "on extraordinary occasions to convene both houses, or either of them." I, 3. If convened by the President's proclamation, this must begin a new session, and of course determine the preceding one to have been a session. So if it meets under the clause of the Constitution, which says, "the Congress shall assemble at least once in every year, and such meeting shall be on the first Mondy in December, unless they shall by law appoint a different day." I, 4. This must begin a new session; for even if the last adjournment was to this day, the act of adjournment is merged in the higher authority of the Constitution, and the meeting will be under that, and not under their adjournment. So far we have fixed landmarks for determining sessions. In other cases it is declared by the joint vote authorizing the President of the Senate and Speaker to close the session on a fixed day, which is usually in the following form: "Resolved by the Senate and House of Representatives, that the President of the Senate and Speaker of the House of Representatives be authorized to close the present session by adjourning their respective houses on the

day of

When it was said above that all matters depending before Parliament were discontinued by the determination of the session, it was not meant for judiciary cases, depending before the House of Lords, such as impeachments, appeals, and writs of error. These stand continued, of course, to the next session. Raym., 120, 381; Ruffh. Jack. L. D. Parliament.

[Impeachments stand, in like manner, continued before the Senate of the United

States.]

SEC. XLVIII.-TREATIES.

Treaties are legislative acts. A treaty is the law of the land. It differs from other laws only as it must have the consent of a foreign nation, being but a contract with respect to that nation. In all countries, I believe, except England, treaties are made by the legislative power; and there also, if they touch the laws of the land, they must be approved by Parliament. Ware v. Hayton, 3 Dallas' Rep., 223.

It is acknowledged, for instance, that the King of Great Britain cannot by a treaty make a citizen of an alien. Vattel, b. 1, c. 19, sec. 214. An act of Parliament was necessary to validate the American treaty of 1783. And abundant examples of such acts can be cited. In the case of the treaty of Utrecht, in 1712, the commercial articles required the concurrence of Parliament; but a bill brought in for that purpose was rejected. France, the other contracting party, suffered these articles, in practice, to be not insisted on, and adhered to the rest of the treaty. 4 Russel's Hist. Mod. Europe, 457; 2 Smollet, 242, 246.

SEC. XLIX.-IMPEACHMENT.

[The House of Representatives shall have the sole power of impeachment. Const. U. S., I, 3.]

[The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States. But the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law. Const., I, 3.]

[The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Const., II, 4.]

[The trial of crimes, except in cases of impeachment, shall be by jury. Const., III, 2.]

These are the provisions of the Constitution of the United States on the subject of impeachments. The following is a sketch of some of the principles and practices of England on the same subject:

Jurisdiction. The lords cannot impeach any to themselves, nor join in the accusation, because they are the judges. Seld. Judic. in Parl., 12, 63. Nor can they proceed against a commoner but on complaint of the commons. Ib., 84. The lords may not, by the law, try a commoner for a capital offense, on the information of the King or a private person, because the accused is entitled to a trial by his peers generally; but on accusation by the House of Commons, they may proceed against the delinquent, of whatsoever degree, and whatsoever be the nature of the offense; for there they do not assume to themselves trial at common law. The commons are then instead of a jury, and the judgment is given on their demand, which is instead of a verdict. So the lords do only judge, but not try the delinquent. Ib., 6, 7. But Wooddeson denies that a commoner can now be charged capitally before the lords, even by the commons; and cites Fitzharris's case, 1681, impeached for high treason, where the lords remitted the prosecution to the inferior court. 8 Grey's Deb., 325-7; Wooddeson, 601, 576; 3 Seld., 1610, 1619, 1641; 4 Blackst., 25; 73 Seld., 1604, 1618; 9, 1656.

Accusation. The commons, as the grand inquest of the nation, become suitors for penal justice. 2 Woodd., 597; 6 Grey, 356. The general course is to pass a resolution containing a criminal charge against the supposed delinquent, and then to direct some member to impeach him by oral accusation, at the bar of the House