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ment among themselves. Then the vote is first taken on the question of guilty or not guilty; and if they convict, the question, or particular sentence, is out of that which seemeth to be most generally agreed on.-Seld. Jud., 167-2 Wood., 612.

JUDGMENT.

Judgments in Parliament for death, have been strictly guided per legem terra, 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 secundem, 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 misdemeanor; 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 corporeal 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.-Lords Jour. May 16, 1691,-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 fall.

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..

Amendmant to bills-See also Bills.
proceedings in relation to.

how to be reported..

fall on recommitment..

in the third degree not admissible..

Speaker cannot refuse to receive because inconsistent.

may totally change the subject.......

discussion of the nature and coherence of,

if House refuse to strike out a paragraph it cannot be amended.

a new bill may be engrafted on another..

mode of proceeding on amenaments between the Houses.

made in committee of the whole, falls by reference..

proposed, inconsistent with one adopted may be put..

may be amended, prior to adoption but not after..

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..8, 9

25

.22, 23

57

49

50

20

27

31

31

32

32

33

34

35

42, 43

43

47

47

47

47

48

(proposed,) by striking out, and lost, the paragraph proposed to be
stricken out cannot be amended.

not identical or equivalent to one lost, may be proposed.
by insertion, how far liable for further amendment..

Apportionment of represntatives, table of.....

Appropriation, made by resolution...

Arrest, definition of privilege from.

terminates with the session.

Assault and Affrays in the House, how settled.

Assent to bills, by the executive, regulations respecting.
Ayes and Noes, how questions are determined by.

no member to vote if not present...

Bills, engrossed, must not be looked into.....

to be fairly written, or Speaker may refuse them.
amendment fall, if recommitted.

a particular clause may be recommitted..

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one bill may be engrafted on another..

one House may pass with blanks and be filled in the other..

on third reading, forms observed..

on third reading, may be committed..

on third reading, amended by riders..

on third reading, blanks filled..

cannot be altered after passage..

expedient for remedying omissions in.

conference upon, at what stages, and by whom asked..

enrolling....

proceeding when dieproved...

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.................

new, concerning their introduction..
to receive three readings, etc...

Bills, how brought in on notice and leave.
forms in introducing....

not amended at first reading..

proceedings on the second reading..

how and to whom committed..

shall be read twice before commitment..

not to be referred to avowed opponents.

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

amendments between the Houses, mode of proceedings..

by whom to be taken from House to House..

may be specially commended to notice of the other House..
rejected, course to be pursued....

if one House neglects a bill, the other may remind of it..
how to be enrolled, signed, and presented to the President.

27

27

27

28

28

.28, 33

28

29

28

29

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

amendment to an amendment has precedence over a motion to agree or disagree...

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

reconsideration, effect of a vote for....

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..

[subsumed][subsumed][subsumed][subsumed][ocr errors][merged small][merged small][subsumed][subsumed][subsumed][merged small][subsumed][subsumed][merged small][subsumed][subsumed]

mode of proceeding, when founded on facts requiring explanation..
effect of a vote to insist or adhere...

52

53

.54, 55

papers relating to, to be left with the conferees of the House acceding to the conference......

57

not returned in ten days, to be laws, unless an adjournment inter

43

47

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construction of the rule of filling...

Breach of Peace, mode of proceeding on charge of...
Bribery, (Randall & 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 the question before the election of Speaker..

may correct his errors..

Committee, cannot inquire concerning their members.

may elect chairman........

how they report amendments....

cannot sit in recess after Congress has expired...

a member elect, though not returned, may be apprinted on
standing..

Committee, forms and proceedings in..........

joint, how they act...

43

11

9

19

19

14

9

16

17

50

15

33

43

44

16

16

16

29

31

31

59

10

16

.16, 29

16

[blocks in formation]

majority of to constitute a quorum

Committee, members of the House may be present at their sittings...

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when they may sit during recess..

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

Committee of the Whole, great matters usually referred to.

may elect their chairman..

Speaker may resume chair if in great disorder..

manner of doing business in, in Senate.

proceedings in..

irregularly dissolved..

cannot adjourn...

report proceedings..

[blocks in formation]

32

33

60

18

53

55

55

55

55

54

45

19

14

24

22

45

..20, 21, 22

21

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

particulars which attach to.

Communications, confidential, to be kept secret..

Common fame, a ground for proceeding...

Conferences, common to have two before vote to adhere.
cannot alter anything on which the House have agreed.
discussion of the nature and occasion of...
report of, cannot be amended or altered..
papers left with conferees of House agreeing to.
when, by which House, and what stages to be asked..

Co-existing questions, discussed..

Counsel may be heard on private bills and law points..
Count of the House may be called...

(See Division of the House.)

Covered, when members are not to be...

Debate, no one to speak impertinently, superfluously or tediously.
not cut off, till both sides of the question be put....
forms and proprieties to be observed..

the Speaker not allowed to engage in, except on points of order....
proceedings of the House not to be censured...

personalities to be prohibited.

motives not to be arraigned..

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

22, 24

disorderly words not to be noticed until the member has finished...
disorderly words when taken down...

2222222

23

23

proceeding of the House not to be noticed in.

23

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

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Disorder in Committee of the Whole, Speaker to resume the Chair if great. 17

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ought not to be shut, to be kept by persons appointed.

24

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Errors, cannot be corrected in committee of the whole....

Equivalent questions, discussed.

20

20

56

46

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