400 



CONGRESS. 



and lias power to punish its members for disorderly 

 conduct, and, with the concurrence of two-thirds, to 

 expel a member. A majority of each house con 

 stitutes a quorum to do business ; but a smaller man 

 "ber may adjourn from day to day. and has power to 

 compel tiie attendance of absent members, in such 

 manner as it may provide. Each house is required 

 to keep a journal of its proceedings, and, from time 

 to time, to publish the same, excepting such parts 

 as, in its judgment, may require secrecy. In point 

 of fact, they are published every day or two, during 

 tin' session, and collected in volumes at the end 

 thereof. The yeas ami nays of the members of each 

 house, on any question, are required, at the desire 

 of one-fifth of those present, to be entered on the 

 journal. The congress is required to assemble at 

 least once every year ; and such meeting is on the 

 first Monthly of December annually, unless a different 

 day is provided by law. The president of the 

 United States has authority to convene extra ses- 

 sions. Neither house, during the session of congress, 

 can, without the consent of the other, adjourn more 

 than three days, nor to any other place than that in 

 which the two houses shall be sitting. In case of 

 disagreement between the two houses, as to the 

 time of adjournment, the president of the United 

 States may adjourn them to such time as he shall 

 think proper. The senators and representatives are 

 entitled to receive a compensation, provided by law, 

 for their services, from the treasury of the United 

 States. They are also privileged from arrests, ex- 

 cept in cases of treason, felony, or breaches of the 

 peace, during their attendance at the session of their 

 respective houses, and in going to and returning from 

 the same. This does not mean merely their daily 

 attendance; but, also, in going from or returning 

 to their respective homes, in the several states. 

 They have liberty of speech, and are not liable to be 

 questioned, in any other place, for any speech or de- 

 bate in either house. No senator or representative 

 can be appointed to any civil office under the au- 

 thority of the United States, which is created, or its 

 emoluments increased, during the time for which he 

 is elected ; and no person, holding an office under 

 the United States, can be a member of either house 

 during his continuance in office. It has been al- 

 ready stated, that each house determines the rules of 

 its own proceedings ; and, in point of fact, each house 

 now has a large collection of 'rules, which are printed 

 for the use of the members, and for the public at 

 large. In a general sense, the rules and practice of 

 the British house of commons form the basis of their 

 proceedings, modified from time to tune, as each house 

 deems fit. The rules are too numerous to admit of 

 any useful summary in this place. There are, how- 

 ever, certain constitutional provisions, as to the pro- 

 ceedings of the two houses, which deserve to be 

 mentioned. All bills for raising revenue must 

 originate in the house of representatives ; but the 

 senate may propose or concur with amendments, as 

 on other bills. Every bill which has passed the 

 senate and house of representatives, before it can 

 l>ecome a law, must be presented to the president 

 of the United States. If he approve, he signs 

 it ; if not, he returns it to the house in which it 

 originated, with his objections, and these ob- 

 jections are entered at large on their, journals, 

 and they then proceed to reconsider. If, upon 

 reconsideration, two-thirds of such house agree 

 to pass the bill, it is sent, with the objections, to the 

 other house, by which it is also to be reconsidered ; 

 and, if approved by two-thirds of that house also, it 

 becomes a" law. But in all such cases, the votes of 

 both houses are determined by yeas and nays, and 

 the names entered on the journals. No instance has, 



as yet, occurred, in which any bill, returned by the 

 president with objections, has ever become a law by 

 a vote of two-thirds of each house. If any bill is 

 not returned by the president within ten ilays (Sun- 

 days excepted) after it is presented to him, it becomes 

 a law, in the same way as if he had signed it, unless 

 congress, by their adjournment, prevent its return. 

 Every order, resolution, or vote, to which the con- 

 currence of both houses is necessary, must, in like. 

 manner, be presented to the president, and similar 

 proceedings are to be had thereon. The legislative 

 powers belonging to congress will now be stated, in 

 the words ot the constitution itself, since different 

 modes of interpretation of the same language have, 

 at different times, been insisted on by different par- 

 ties in the United States. Congress, then, by the 

 constitution, has power to lay and collect taxes, 

 duties, imposts, and excises, to pay the debts, mid 

 provide for the common defence and general welfare 

 of the United States ; but all duties, imposts, and ex- 

 cises shall be uniform throughout the United States : 

 to borrow money on the credit of the United 

 States : to regulate commerce with foreign nations 

 and among the several states, and with the Indian 

 tribes : to establish a uniform rule of naturalization, 

 and uniform laws on the subject of bankruptcy 

 throughout the United States : to coin money, re- 

 gulate the value thereof, and of foreign coins, and to 

 fix the standard of weights and measures : to provide 

 for the punishment of counterfeiting the securities 

 and current coin of the United States : to establish 

 post-offices and post-roads : to promote the progress 

 of science and useful arts,:hy securing, for limited 

 times, to authors and inventors, the exclusive right 

 to their respective writings ^nd discoveries: to con- 

 stitute tribunals inferior to the supreme court :- -to 

 define and punish piracies and felonies committed on 

 the high seas, and offences against the law of nations : 

 to declare war, grant letters of marque and repri- 

 sal, and make rules concerning captures on land 01 

 water : to raise and support armies ; but no appro- 

 priation of money to that use shall be for a longer 

 term than two years : to provide and maintain a 

 navy: to make rules for the government and regu- 

 lation of the land and naval forces : to provide for 

 calling forth the militia to execute the laws of the 

 union, suppress insurrections and repel invasions : 

 to provide for organizing, arming, and disciplining 

 the militia, and for governing such part of them as 

 may be employed in the service of the United States, 

 reserving to the states, respectively, the appointment 

 of the officers, and the authority of training the militia 

 according to the discipline prescribed by congress : 

 to exercise exclusive legislation in all cases whatso- 

 ever over such district, not exceeding ten miles 

 square, as may by cession of particular states, and 

 the acceptance of congress, become the seat of the 

 government of the United States ; and to exercise 

 like authority over all places purchased by the con- 

 sent of the legislature of the state in which the same 

 shall be, for the erection of forts, magazines, arsenals, 

 dock-yards, and other needful buildings ; and " to 

 make all laws which shall be necessary and proper 

 for carrying into effect the foregoing powers, and all 

 other powers vested by this constitution in the go- 

 vernment of the United States, or in any department 

 or office thereof." 



Congress lias also power to organize the supreme 

 court, and to ordain and establish, from time to time, 

 inferior courts. In some cases, the original jurisdic- 

 tion of the supreme court is expressly given in the 

 constitution ; but its appellate jurisdiction is under 

 the regulation of congress. Congress has, in other 

 cases, an unlimited authority, as to the jurisdiction 

 which shall be vested in other inferior courts to 



