throughout, either as a committee of the whole House; or otherwise, at discretion, appoint managers to conduct the proofs.-Rushw. Tr. of Straff. 37-Com. Journ. 4 Feb. 1709, 10. 2 Wood. 614. And judgment is not to be given till they demand it.-Seld. Jud. 124. But they are not to be present on impeachment when the Lords consider of the answer or proofs, and determine of their judgment. Their presence, however, is necessary at the answer and judgment in cases capital.-Id. 58. 159; as well as not capital, 162. The Lords debate the judgment among themselves. Then the vote is first taken on the question of guilty or not guilty; and if they convict, the question, or particular sentence, is out of that which seemeth to be most generally agreed on.-Seld. Jud. 167-2 Wood. 612. 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 omit 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 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, 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 Woodd. 613. In misdemeanors, the greatest corporal punishment hath been imprisonment. Seld. Jud. 184. The King's assent is necessary in capital judgments, (but 2 Woodd. 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-Lords' Jour. May 16, 1791--2 Woodd. 618. RULES FOR CONDUCTING BUSINESS IN THE SENATE OF THE UNITED STATES. 1. The President having taken the chair, and a quorum being present, the journal of the preceding day shall be read, to the end that any mistake may be corrected that shall be made in the entries. 2. No member shall speak to another, or otherwise interrupt the business of the Senate, or read any newspaper, while the journals or public papers are reading, or when any member is speaking in any debate. 3. Every member, when he speaks, shall address the chair, standing in his place, and, when he has finished, shall sit down. 4. No member shall speak more than twice, in any one debate, on the same day, without leave of the Senate. 5. When two members rise at the same time, the President shall name the person to speak; but in all cases the member who shall first rise and address the chair, shall speak first. 6. When a member shall be called to order, by the President or a Senator, he shall sit down; and every question out of order shall be decided by the President without debate, subject to an appeal to the Senate; and the President may call for the sense of the Senate on any question of order. 7. If the member be called to order by a Senator for words spoken, the exceptionable words shall immediately be taken down in writing, that the President may be better enabled to judge of the matter. 8. No member shall absent himself from the service of the Senate, without leave of the Senate first obtained. And, in case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the sergeant-atarms, or any other person or persons by them authorized, for any or all absent members, as the majority of such members present shall agree, at the expense of such absent members, respectively, unless such excuse for non-attendance shall be made as the Senate, when a quorum is convened, shall judge sufficient; and, in that case, the expense shall be paid out of the contingent fund. And this rule shall apply as well to the first convention of the Senate, at the legal time of meeting, as to each day of the session, after the hour has arrived to which the Senate stood adjourned. 9. No motion shall be debated until the same shall be seconded. 10. When a motion shall be made and seconded, it shall be reduced to writing, if desired by the President, or any member, delivered in at the table, and read, before the same shall be debated. 11. When a question is under debate, no motion shall be received but to adjourn, to lie on the table, to postpone indefinitely, to postpone to a day certain, to commit, or to amend; which several motions shall have precedence in the order they stand arranged, and the motion for adjournment shall always be in order, and be decided without debate. 12. If the question in debate contain several points, any member may have the same divided: but, on a motion to strike out and insert, it shall not be in order to move for a division of the question but the rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition; nor prevent a subsequent motion, simply to strike out: nor shall the rejection of a motion, simply to strike out, prevent a subsequent motion to strike out and insert. 13. In filling up blanks, the largest sum and longest time shall be first put. 14. When the reading of a paper is first called for, and the same is objected to by any mem |