Congress
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
See CoNSTiTUTiorr. "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Eepresentatives." ' " The House of Bepresentatives shall be composed of Members chosen every second Tear by the i The Idaho, 93 U. S. 586-86 (1876), cases.
Strong, J. See also Jewett v. Dringer, 30 N. J. E. 291-311 (1878), cases; Queen v. Wemwag,~97 N. C. 363 (1887); 11 WaU. 369; 21 id. 64; 1 Saw. 306; 14 Ala. 695; 44 id. 609; 31 111. 882; 36 id. 160; 12 Me. 243; 56 id. 566; 8 Md. 301; 21 Pick. 298; 6 Gray, 134; 14 Allen, 376; 107 Mass. 123; 10 Mich. 433; 22 id. 311; 31 id. 215; 23 Minn. 88; 12 Mo. Ap. 284- 85; 33 N. H. 433; 39 id. 557; 57 id. 514; 10 N. T. 213; 24 id. 596; 6 HiU, 461; 24 Pa. 246; 20 Wis. 615; 20 Vt. 333; 2 El. Com. 405; 2 Kent, 365. » Palmer v. Bumside, 1 Woods, 182 (1871). ' C8n'-ge-able.
F. congi, leave: L. commeare, to go and come. « Eicard v. Williams, 7 Wheat. 107 (1822), Story, J.; Litt. § 279. » [Eunkel v. Winemiller, 4 H. & M'H. 452 (1799). ' Baptist Church of Hartford v. Witherall, 3 Paige, Ch. 301 (1832), Walworth, Ch. ' Constitution, Art. I, § 1. On the powers of Congress, see 2 Bancroft, Const. VH, VTTT; ib. abr. ed. People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislahire." 1 " No Person shall be a Representative who shall not have attained to the Age of twenty-flve Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in* which he shall be chosen." * "Representatives.. shall be apportioned among the several States... according to their respective Numbei-s... excluding Indians not taxed..." 3 "When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies." * "The House of Representatives shall chuse their Speaker and other Officers.. " ' " The Senate shall be composed of two Senators from each State chosen by the Legislature thereof, for six years; and each Senator shall have one vote." * One-third of the Seuatore are chosen every second year. " If Vacancies happen by Resignation or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies." ^ " No Person shall be a Senator who shall not have attained the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen." ^ " The Vice President... shall be President of the Senate, but shall have no Vote, unless they be equally divided." " "The Senate shall chuse their other Of Bcers, 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." " " The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators." " " The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day." " " Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Busi- * Constitution, Art.I, § 2, cl. 1. ^ Constitution, Art. I, § 2, cl. 2. ' Constitution, Art. I, § 2, cl. 3. * Constitution, Art. I, § 2, cl. 4. " Constitution, Art. I, § 2, cl. 5. ' Constitution, Art. I, § 3, cl. 1. ' Constitution, Art. L§ 3, cl. 2. * Constitution, Art. I, § 3, cl. 3. " Constitution, Art. I, § 3, cl. 4. >» Constitution, Art. I, § 3, cl. 5. ness; 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." • " Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member." ^ " Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of each House on any question shall, at the Desire of one-fifth of those Present, be entered on the Joiu:nal." ' "Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting,"* "The Senators and Representatives shall receive a Compensation tor their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They sliall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during.their Attendance at the Session of their respective Houses, and in going to aftd returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place." ' "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 encreased 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." * " All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur in Amendments as on other Bills." * It is provided by statute that Representatives shall be chosen in single districts;^ and that the elections shall take place on the Tuesday next after the first Monday of November.' Vacancies are filled as may be provided by State laws.'" Votes must be by written or printed ballot: other votes are of no effect." For the election of Senators it is provided that the legislature of each State, chosen next preceding the expiration of the time for which any Senator was elected to represent such State m Congress, shaU, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator." At least one " Constitution, Art. I, § 5, cl. 1. 2 Constitution, Art. I, § 5, cl. 8. » Constitution, Art. I, § 5, cl. 3. * Constitution, Art. I, § 5, cl. 4. » Constitution, Art. I, § 6, cl. 1. » Constitution, Art. I, § 6, cl. 2. ' Constitution, Art. I, § 7, cl. 1. «R. S. § 23: Acts 2 Feb., 30 May, 1872. • R. S. § 25: Acts 2 Feb., 1S72, 3 March, 1875. " E. S. § 26: Act 2 Feb., 1872. vote must be taken every day, during the session, until a person is chosen.' An existing vacancy is filled at the same time and in the same way; ' and a vacancy occurring during the session is filled by election, the proceedings for which are had on the second Tuesday after the legislature has organized and has had notice of the vacancy. 3 When Congress convenes, the president of the Senate administers the oath of ofiice to its members; ^ and takes charge of the organization. The clerk of the preceding House of Representatives makes a roll of the Representatives-elect, and places thereon the names of those persons whose credentials show that they were regularly elected in accordance with the law.5 If the clerk cannot serve, from sickness, absence, etc., the sergeant-at-arms of the preceding House performs this duty." In 1866 the salary of members of Congress was fixed at $5,000, and mileage, by the most usual route, at twenty cents a mile. In 1873 the salary was raised to $7,600; and in 1874 reduced to $5,000.' See further, as to powers, such subjects as Act, 3; Bankruptcy; Census; Commerce; Coin; Confederation; Contempt, 2; Copyright; Courts, United States; Duties; Electoral; Frank; Impeach, 4; Journal; Land, Public; Lodfey; Marque; Naturalize; Oath, Of office; Patent, 2; PiRAcr, 1; Post-office; President; RfivENUE; Sweeping Clause; Tender, 2, Legal; Tenure, Of office; Territory, 2; 'Treaty; Veto; War; Weights; Welfare; Yeas and Nays.