Page images
PDF
EPUB

JUDGMENT.

Judgments in Parliament, for death, have been strictly guided per legem terræ, 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 secundum, 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 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.-1 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, 383-5 Com. Jour. 23 Dec. 1790.-Lord's Jour. May 16, 1791-2 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 falls,.
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,...

Amendment to Bills-See also Bills,.
proceedings in relation to,..

how to be reported,

fall on recommitment,.

in the third degree not admissible,

discussion of the nature and coherence of,

Speaker cannot refuse to receive because inconsistent,

may totally change the subject,...

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

a new bill may be engrafted on another,

mode of poceeding on amendments 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,.

(proposed,) by striking out, and lost, the paragraphs proposed to

be stricken out cannot be amended,.

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

Apportionment of representatives, table of,

[blocks in formation]

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,

[blocks in formation]

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

on third reading, forms observed,

[blocks in formation]
[blocks in formation]

149, 150

154

154

154

154

155

150

151

151

122

147

147, 148

147

147

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

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

....

amendments to amendments, how far admissible,

proceedings upon in committee of the whole, &c.,...

titles, when made,

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

148

in the rejecting House,

148

expedient for remedying omissions in,

148

mode of proceeding, when founded on facts requiring explanation,....

148

effect of a vote to insist or adhere,

150

conferences upon, at what stages, and by whom asked,

151

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

153

enrolling,

155

proceedings when disapproved,

155

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

156

Blanks, longest time, largest sum first put,.

131

bills may be passed with, and be filled in other House, may be filled in engrossed bills,

137

142

construction of the rule of filling,

Breach of Peace, mode of proceeding on charge of,.

Bribery, (Randall and Whitney's case,) breach of privilege,.

[blocks in formation]

Clerk, puts questions before the election of Speaker,..

[blocks in formation]

Committees, cannot inquire concerning their members,.

must not sit when House is in Session,..

[blocks in formation]

how they report amendments,

cannot sit in the recess after Congress has expired,

a member elect, though not returned, may be appointed on,.

standing,

joint, how they act,..

120

159

93

101

101, 118

101

117

117

118

118

members of the House may be present at their sittings,. their power over a bill,

118

121

Committees, have entire control over a report recommitted,

dissolved by a report,...

122

122

how revived,..

122

may be discharged from instructions,

148

when they may sit during recess,

159

effect of a reference to, when a bill has been amended in commit

tee of the whole,

122

Committee of the Whole, great matters usually referred to,

[blocks in formation]

report proceedings,

103

subjects which have passed through may be referred to special

[blocks in formation]

Conferences, common to have two before vote to adhere,

discussion of the nature and occasion of,

123

122

160

103

151

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

cannot alter any thing on which the Houses have agreed,.

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,..

Covered, when members are not to be,

forms and proprieties to be observed,.

The Speaker not allowed to engage in, except on points of order,

152

152

152

153

152

139

105

99

[blocks in formation]

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

109, 112

disorderly words not to be noticed until the member has finished,

110

disorderly words when taken down,

110

proceedings of the House not to be noticed in,.

110

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

111

Decorum, points of, (See Debate,)..

110, 111

Defamatory publications, breach of privilege,.

93

Disorder in Committee of Whole, Speaker to resume chair if great,.

103

« PreviousContinue »