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Judgment. Judgments in Parliament, for death, have been strictly guided per legem terræ, which they can not alter; and not at all according to their discretion. They can neither omit any part of the legal judgment, nor add to it. Their sentence must be secundum, non ultra legem. Seld. Jud., 168, 171. This trial, though it varies in external ceremony, yet differs not in essentials from criminal prosecutions before inferior courts. The same rules of evidence, the same legal notions of crimes and punishments, prevailed; for impeachments are 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 judgment in misdemeanors; the Lord High Steward formerly in cases of life and death. Seld. Jud., 180. But now the Steward is deemed not necessary. Fost., 144; 2 Wood., 613. In misdemeanors the greatest corporal 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; 4 Com. Journ., 23 Dec., 1790; Lords' Journ., May 15, 1791; 2 Woods., 618.

INDEX TO JEFFERSON'S MANUAL

Page

Absence not allowed without leave....

provision in cases of------_.

and even by..

Address, how presented..

Adhere, question discussed..

effect of a vote to..

347

347

Accusation. Common fame a good ground to proceed by inquiry,

352

348

393

393

question shall be: 1st, to agree; 2d, to disagree; 3d, to
recede; 4th, to insist; 5th, to adhere...

393

one House adhering, the other must recede or also____
where both Houses adhere the matter must fall..

393

393

there are instances of having gone to a second adherence.

393

the form fixed by adherence can not be departed from
by the House which adheres__.

393

should be two conferences before vote to.

393

Adjournment, motion for, can not be amended.

414

rules and regulations in respect to-

413

a question is removed by...

392

of the session, all unfinished business falls...---- 430, 415

of the session, modes and manner discussed____

413

to be declared by the Speaker____

414

for more than three days, to be by concurrent

[blocks in formation]

Amendment to bills, the House can not recede from or insist on

its own amendment with amendment.. Speaker can not refuse to receive, because inconsistent.----

Amendment, may totally change the subject..........

Page

405

386

386

if House refuse to strike out a paragraph, it can
not be amended....

387

if an amendment be agreed to it can not be after-
wards amended..........

387

a new bill may be ingrafted on another.

386

mode of proceeding on amendments between the
Houses...

404

a motion to amend an amendment of the other
House takes precedence of a motion to agree or
disagree...

406

an amendment of one House to a bill of the other
becomes the text of the bill, and may be
amended in the second degree.

406

on amendments between the Houses, question is:
1st, to agree; 2d, disagree; 3d, recede; 4th,
insist; 5th, adhere.............

393

made in Committee of the Whole falls by a
reference..

372

proposed, inconsistent with one adopted, may be
put_____

386

may be amended prior to adoption, but not after_
(proposed) by striking out, and lost, the para-
graph proposed to be stricken out can not be
amended.....

387

387

not identical or equivalent to one lost may be

proposed_____

387

by insertion, how far liable to further amend-
ment....

[blocks in formation]

Assault and affrays in the House, how settled...

359

Assent to bills by the Executive, regulations respecting-
Ayes and noes, how questions are determined by...
no Member to vote if not present..

411

396

400

[blocks in formation]

to be fairly written, or Speaker may refuse them....

365

[blocks in formation]

time for attacking or opposing_

one bill may be ingrafted on another..

proceedings on second reading--

if second reading refused, the bill is rejected...

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

365

392

374, 402

386

389

on third reading, forms observed-----

394

on third reading, may be committed for certain action..

395

[blocks in formation]

at the close of session no new bill, unless sent from the

other House, to be brought in..

362

to receive three readings, etc. --

364

how brought in on notice and leave.
forms in introducing-----

proceedings on 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 proceeding--
by whom to be taken from House to House....
may be specially commended to notice of the other House.
if one House neglects a bill, the other may remind of it..
how to be enrolled, signed, and presented to the Presi-
dent

not to be enrolled in paragraphs, but solidly____
amendments to, can not be receded from or insisted on
by the amending House with a further amendment..
dangerous practice of passing bills before being engrossed_

32369-59-28

365

365

365

367

366

366

367

404

409

410

410

411

411

405

374

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