[703.7]

[703.8]

[703.9]

[703.10]

Every man must, at his peril, take notice who are members of either House returned of record. Lex Parl., 23, 4 Inst., 24.

On complaint of a breach of privilege, the party may either be summoned or sent for in custody of the sergeant. 1 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 can not in effect waive the privilege of the House. 3 Grey, 140, 222.

For any speech or debate in either House they shall not be questioned in any other place. Constitution United States, 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.

[703.11] 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.

[703.12]

[703.13]

[703.14]

Privilege is in the power of the House, and is a restraint to the proceeding of inferior courts, but not of the House itself. 2 Nalson, 450; 2 Grey, 399. For whatever 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, etc. 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. 1 Hats., 175-6; 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 pretenses of treason, etc., 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❜l 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 [703.15] member under arrest, or when, on any public 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. Ib., 256, 257, 258. But the communication is subsequent to the arrest. 1 Blackst., 167.

It is highly expedient, says Hatsel, for the due preserva- [703.16] tion 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 pro

[704]

visional 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, etc., 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.

SEC. IV. ELECTIONS

[704.1] The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. Constitution, I, 4.

[704.2]

[705]

[705.1]

[705.2]

[705.3]

Each House shall be the judge of the elections, returns, and qualifications of its own members. Constitution, I, 5.

SEC. V. QUALIFICATIONS

The Senate of the United States shall be composed 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 onethird 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. Constitution, I, S. Νο 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. Constitution, I, 3.

The House of Representatives shall be composed of mem- [705.4] bers 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. Constitution, I, 2.

No person shall be a Representative who shall not have [705.5] attained 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. Constitution I, 2.

Representatives and direct taxes shall be apportioned 1705.6] 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.]1 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 one Representative. Constitution, I, 2.

NOTE. The provisional apportionments of Representatives made in the Constitution in 1787, and afterwards by Congress, are as shown in the table at Senate Manual section [974].

When vacancies happen in the representation from any [705.7] State, the executive authority thereof shall issue writs of election to fill such vacancies. Constitution, I, 2.

No Senator or Representative shall, during the time for [705.8] which he was elected, be appointed to any civil office under

The portion of this clause of the Constitution within brackets has been amended by Section 2 of amendment XIV (Senate Manual section [784.2]).

[706]

[706.1]

the authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either House during his continuance in office. Constitution, I, 6.

SEC. VI. QUORUM

A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner and under such penalties as each House may provide. Constitution, I, 5.

[706.2] 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.

[707]

[707.1]

[707.2]

[707.3]

NOTE.-See Senate Rule III.

SEC. VII. 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 Senate of the United States the trouble of rising can not be necessary.

Orders for calls on different days may subsist at the same time. 2 Hats., 72.

NOTE.-See Senate Rule V, clause 2.