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Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers; which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative. Constitution of the United States, I. 2.

The provisional apportionments of representatives made in the constitution in 1787, and afterwards by Congress, were as follows:

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When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. I. 2.

No senator or representative shall, during the time for which he was elected, be appointed to any civil "office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. Const. I, 6.

* Agreeably to act of 3d of March, 1823, fixing the ratio of one for forty thousand.


A majority of each house shall constitute a quorum to do business: but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. Const. I. 5.

In general, the chair is not to be taken till a quorum for business is present; unless, after due waiting, such a quorum be despaired of, when the chair may be taken and the house adjourned. And whenever, during business, it is observed that a quorum is not present, any member may call for the house to be counted, and being found deficient, business is suspended. 2 Hats. 125, 126.

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 have been made in the entries. Rules of the Senate, 1.


On a call of the House, each person rises up as he is called and answereth; the absentees are then only noted, but no excuse to be 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 recognised; 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.


No member shall absent himself from the service of the Senate, without leave of the Senate first obtained.

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And in case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the Sergeant-at-arms, 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 is arrived, to which the Senate stood adjourned. Rule 8.



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 diem in diem for 14 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


Where the speaker has been ill, other speakers pro tempore have been appointed. Instances of this, are 1 H. 4. Sir John Cheyney, and for Sir Wm. Sturton, and in 15 H. 6. Sir John Tyrrel, in 1656, Jan. 27, 1658. Mar. 9, 1659. Jan. 13. Sir Job Charlton ill, Seymour] chosen 1673, Feb. 18.

Seymour being ill, Sir Robert Sawyer chosen, 1678, April 15. Sawyer being ill, Seymour cho


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

Thorpe in execution, a new speaker chosen. 31 H. VI. 3 Grey, 11. and Mar. 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.


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.

* RULE 23. The Vice-President, or President of the Senate, pro tempore, shall have the right to name a member to perform the duties of the chair; but such substitution shall not extend beyond an adjournment.

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