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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 cannot be necessary.

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

[In the Senate.]

Rule V-Clause 2.

2. If, at any time during the daily sessions of the Senate, a question shall be raised by any Senator as to the presence of a quorum, the Presiding Officer shall forthwith direct the Secretary to call the roll and shall announce the result, and these proceedings shall be without debate.

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1. No Senator shall absent himself from the service of the Senate without leave.

2. If, at any time during the daily sessions of the Senate, a question shall be raised by any Senator as to the presence of a quorum, the Presiding Officer shall forthwith direct the Secretary to call the roll and shall announce the result, and these proceedings shall be without debate.

3. Whenever upon such roll-call it shall be ascertained that a quorum is not present, a majority of the Senators present may direct the Sergeant-at-Arms to request, and, when necessary, to compel the attendance of the absent Senators, which order shall be determined without debate; and pending its execution, and until a quorum shall be present, no debate nor motion, except to adjourn, shall be in order.

SEC. IX.-SPEAKER.

The Vice-President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided. Constitution, I, 3.

The Senate shall choose their officers, and also a President pro tempore in the absence of the Vice-President, or when he shall exercise the office of President of the United States. Ib.

The House of Representatives shall choose their Speaker and other officers. Const., I, 2.

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., 158. As are also questions of adjournment. 6 Grey, 406. Where the House debated and exchanged messages and answers with the King for a week without a Speaker, till they were prorogued. They have done it de die in diem for fourteen days. 1 Chand., 331, 335.

In the Senate, a President pro tempore, in the absence of the Vice-President, is proposed and chosen by ballot. His office is understood to be determined on the Vice-President's appearing and taking the chair, or at the meeting of the Senate after the first recess.*

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1. In the absence of the Vice-President, the Senate shall choose a President pro tempore.

2. In the absence of the Vice-President, and pending the election of a President pro tempore, the Secretary of the Senate, or in his absence the Chief Clerk, shall perform the duties of the Chair.

3. The President pro tempore shall have the right to name in open Senate, or, if absent, in writing, a Senator to perform the duties of the Chair; but such substitution shall not extend beyond an adjournment, except by unanimous consent.

Where the Speaker has been ill, other Speakers pro tempore have been appointed. Instances of this are 1 H., 4. Sir John Cheyney, and Sir William Sturton, and in 15 H., 6. Sir John Tyrrel, 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 chosen, 1678, April 15.

Sawyer being ill, Seymour chosen.

Not merely pro tempore. 1 Chand., 169, 276, 277.

Thorpe in execution, a new Speaker chosen, 31 H. 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.

SEC. X.-ADDRESS.

The President shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. Const., II, 3.

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.

SEC. XI.-COMMITTEES.

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. 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;

I Grey, 122.

* The tenure of office of a President pro tempore is distinctly defined by the following resolutions adopted by the Senate January 10, and 12, 1876, which are in the following words:

1. Resolved, That the tenure of the President pro tempore does not expire at the meeting of Congress, after the first recess, the Vice-President not having appeared to take the chair.

2. Resolved, That the death of the Vice-President does not have the effect to vacate the office of President pro tempore.

3. Resorved, That the office of President pro tempore is held at the pleasure of the Senate.

(Sen. Jour. Ist Sess. 44th Cong., 1875-'76.)

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1. In the appointment of the standing committees, the Senate, unless otherwise ordered, shall proceed by ballot to appoint severally the chairman of each committee, and then, by one ballot, the other members necessary to complete the same. A majority of the whole number of votes given shall be necessary to the choice of a chairman of a standing committee, but a plurality of votes shall elect the other members thereof. All other committees shall be appointed by ballot, unless otherwise ordered, and a plurality of votes shall appoint.

2. When a chairman of a committee shall resign or cease to serve on a committee, and the Presiding Officer be authorized by the Senate to fill the vacancy in such committee, unless specially otherwise ordered, it shall be only to fill up the number on the committee.

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 duty bound to rise instantly, and the members to attend the service 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. XII.-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; 3Grey, 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 into 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 can not. 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

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