Congress

the entire legislative body consisting of both Houses

An assembly of deputies convened from different governments to treat of peace or of other international affairs. The name of the legislative body of the United States, composed of the senate and house of representatives. U. S. Const, art. 1, § 1.

An assembly of deputies convened from different governments to treat of peace or of other international affairs; as the Congress of Berlin to settle the terms of peace between Russia and Turkey in 1878; composed of representations of the great Powers of Europe. In theory a congress may conclude a treaty, while a conference is for consultation, and its result, ordinarily a protocol, prepares the way for a treaty. See Cent. Diet.; Encyc. Diet. But this is not always true, as the Berlin conference of l^s'.i was composed of plenipotentiaries and its deliberations resulted in a treaty. The legislative body of the United States, composed of the senate and house of representatives {q. v.). U. S. Const, art. 1, § 1. Each house is the judge of the election and qualifications of its members. A majority of each house is a quorum; but a smaller number may adjourn from day to day, and compel the attendance of absent members. Each house may make rules, punish its members, and by a two-thirds vote expel a member. Each house must keep a journal and publish the same, excepting such parts as may, in their judgment, require secrecy, and record the yeas and nays at the desire of one-fifth of the members present. Art. 1, s. 5. A court is bound to assume that the journal speaks the truth and cannot receive oral testimony to impeach its correctness; U. S. v. Ballin, 144 U. S. 1, 12 Sup. Ct. 607, 36 L. Ed. 321. The members of both houses are in all cases, except treason, felony, and breach of the peace, privileged from arrest while attending to and returning from the session of their respective houses; and no member can be questioned in any other place for any speech or debate in either house. U. S. Const, art. 1, s. 6. Whether a senator of the United States has waived his privilege from arrest and whether such privilege is personal or given for the purpose of always securing the representation of his state in the senate are questions which can be raised by writ of error directly to the district court; Burton v. U. S., 196 U. S. 2S3, 25 Sup. Ct. 243, 49 L. Ed. 4S2. Each house of congress has claimed and exercised the power to punish contempts and breaches of its privileges, on the ground that all public functionaries are essentially invested with the powers of self-preservation, and that whenever authorities are given, the means of carrying them into execution are given by necessary implication. Jefferson, Manual, § 3, art. Privilege; Duane's Case, Senate Proceedings, Gales and Seaton's Annals of Cong., bourn's Case, 103 U. S. 168, 26 L. Ed. 377. it wa = held that although the house can punish its own members for disorderly conduct or for failure to attend its sessions, and can dectd if contested elections and determine the qualifications of its members, and exercise the sole power of Impeachment of officers of the government, and may, when the examination of witnesses is n- c< ssary to the performance of these duties, fine or contumacious witness,— there is not found In the constitution any general power vested In house to punish for contempt. The order of the house ordering the imprisonment of a witri' refusing to answer certain questions put to him by the house, concerning the business of a i hip of which he was a member, and to produce certain books in relation thereto, was held void and no defence on the part of the sergeant-atarms in an action by the witness for false imprisonment. The members of the committee, who took no actual part in the imprisonment, were held not liable to such action. The cases in which the power had been exercised are numerous. This power,.-, extends no further than Imprisonment; and that will continue no further than the duration of the power that imprisons. The imprisonment will therefore terminate with the adjournment or dissolution of congress. The rules of proceeding in each house are substantially the same: the house of representatives choose their own speaker; the vice-president of the United States is, ex officio, president of the senate. For rules of proceeding, see Hind's Precedents of the II. of R. When a bill Is engrossed, and has received the sanction of both houses, it is sent to the president for his approbation. If he approves of the bill, he signs it. If he does not. it is returned, with his ob-. jections, to the house in which it originated, and that house enters the objections at large on its journal and proceeds to reconsider it. If, after such reconsideration, two-thirds of the hous. to pass the bill, it is sent, together with the objections, to the other house, by which it Is like* considered, and, if approved by two-thirds of that house, it becomes a law. But in all such cases the votes of both houses are determined by yeas and nays, and. the names of the persons voting for and against the bill are to be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had sigut d It, the congress by their adjournment prevent its return; in which case it shall not be a law. See Kent, Lect. XI. The right of the president to sign a bill after an adjournment of congress although within ten days of its passage, has been inferentially approved by the supreme, court on four different occasions, in connection with the captured and abandoned property act, which was signed by the presiu March 12, 1863, and after the adjournment of congress; Tobey v. Leonard, 2 Wall. (U. S.) 423, 17 L. Ed. 842; U. S. v. Anderson, 9 Wall. (U. S.) 50., 19 L. Ed. 615; U. S. v. Klein, 13 Wall. (U. S.) 128, Ed. 519. Upon this point the court of claims held that a bill signed by the president after the usual adjournment of congress for the winter holidays, but within ten days from the time when it was presented to him, was duly approved within the and meaning of the constitution; U. S. v. Alice Well, 29 Ct. CI. 52;'.. The house of representatives has the exclusive right of originating bills for raising revenue; and this is the only privilege that house enjoys in its legislative character which is not shared equally with the other; and even those bills are amendable by the senate in its discretion; Art. 1, s. 7. One of the houses cannot adjourn, during the session of congress, for more than three days with- All the legislative powers granted by the constitution of the United States or necessarily implied from those granted, are vested in the congress. CONJECTIO CAUS/E. In Civil Law. A statement of the case. A brief synopsis of the case given by the advocate to the judge in opening the trial. Calvinus, Lex.

In international law. An assembly of envoys, commissioners, deputies, etc., from different sovereignties who mcet to concert measures for their common good, or to adjust their mutual concerns.

In American law. The name of the legislative assembly of the United States, composed of the senate and house of representatives, q. vt)

An assembly of persons; an assembly of envoys, commissioners or deputies.

In American law. The national legislature of the United States, consisting of the senate and the house of representatives.

In international law. An assembly of envoys, commissioners, deputies, etc., froin different sovereignties who meet to concert measures for their common good, or to adjust their mutual concerns.

In American law. The name of thelegislative assembly of the United States, composed of the senate and house of represcntatives, (g. 0.)

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.

or upon any regulation of an Executive Department, or upon any contract, expressed or implied, with the government of the. United States, and all claims which may be referred to it by either House of Congress; and of all set-offs or counter claims made by the United States; of all claims by a disbursing officer for relief from responsibility for government funds or papers put in his charge; and of all claims for captured or abandoned property. 108. The State courts. in each of the States, there rors, or Supreme Judicial Court, having both original and appellate jurisdiction, the judges of which sit at stated times in the various county seats at nisi prius, and at the State capital in bank. These courts have usually power to issue remedial jvrits, such as error, supersedeas, certiorari, habeas corpus; and particularly the higher writs, hke the English prerogative writs, such as quo warranto, mandamus, prohibition, and ne exeat regno {republiea).

In American law. The national legislature of the United States, consisting of the Senate and House of Representatives. 1 Kent's Com. 221, et seq.