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make submission, committing him to the Tower, ex. pelling the House, &c.—Scob. 72; Lex. 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, 176, 5 Grey, 133.

And even in cases of treason, felony, and breach of the peace, to which 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 pretences 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. Decision of the Commons on the King's declaring Sir John Hotham a traitor-4 Rushw. 586. So when a member stood indicted of 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 publio inquiry, matter 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.—2 Hats. 256, 257, 258. But the communication is subsequent to the arrest.-1 Blackst. 167.

It is highly expedient, says Hatsell, 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 free dom 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 that 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 during the debate and preparation of a bill, were breaches of privilege.—2 Nalson, 743. And in 1783, 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, 6.



The times, places, and manner of hulding elections for Senaton and Representatives, shall be prescribed in each State by the Legia lature thereof; but the Congress may at any time by law make or alter such regulations, except as to the place of choosing Senators.Const. U. S. Art. I. Sect. 4.

Each House shall be the judge of the elections, returns, and gnali frations of its own members. Const. U. S. Art. I. Ser



The Senate of the United States shall be coinposed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote.

Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the end of the second year; of the second class, at the expiration of the fourth year; and of the third class, at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments, until the next meeting of the Legislature; which shall then fill such vacancies.

No person shall be a Senator, who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.-Const. U.S., Art. I. Sec. 3.

The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the Electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.

No person shall be a Representative, who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen

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 jne Representative.—Const. U. S., Art. I. Sec. 2.

The provisional apportionments of Representatives made in the repetitution in 1787, and afterwards by Congress, were as follows



1787 1790 1800 1810 1820 1830 1840 (a) (6) (c)(d) | (e) (S) (3) 0 0

7 8 7 3 4 5 6 6 5 4 8 14 17 20 13 12 10 1 2 2

2 2 2 5 7 7

6 6
17 27

8 13 18

26 28

1 1

9 8
10 19


15 5 10


9 5 6

9 9 7 7 9 12 13 10

9 13 11 14 19 21 3 3 4 3 7 10



Maine (1)
New Hampshire.
Rhode Island
Connecticut .....................
Vermont .........................
New York .....................
New Jersey

North Carolina .....................
South Carolina .....................

........................ Kentucky .................... Tennessee (0) .....................

Louisiana ................
Indiana (m)
Mississippi (1)
Illinois (0)
Alabama (p)
Missouri (9)
Michigan (5)
Arkansas (8)
Florida (t)

................... Texas (1)

............ lowa (0)

................... Wisconsin (10) .....................


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(a) As per constitution. b) As per act of April 14, 1792, one Representative for 33,000, first census. (c) As per act of January 14, 1802, one Representative for 33,000, second censu (d) As per act of December 21, 1811, one Representative for 35,000, third census

As per act of March 7, 1822, one Representative for 40,000, fourin census.

As per act of May 22, 1832, one Representative for 47,700, fifth census. (g) As per act of 1812, one Representative for 70,680, sixth census.

(1) Previous to the 3d of March, 1820, Maine formed a 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, Maino became a separate and independent state, and by act of Cougress 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 Admitied under act of Congress of June 1, 1796, with one Representative.

April 30, 1802,
April 8, 1812,
December 11, 1816,
December 10, 1817, "
December 3, 1818,
December 14, 1819, “
March 2, 1821,
Ja jary 26, 1837,
June 15, 1837,
March 3, 1845,
March 1, 1845, with two Representativa
December, 1846,


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