with Notes of Reference (1803)St. George Tucker Comparison to British Constitution; House of Commons and House of Lords
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96. 1. Blacks. Com. p. 158. 159.
97. 1. Blacks. Com. p. 170.
98. Ibid. p. 116. 159. Every county in England sends two knights of the shire to parliament: the county of Merionethshire in Wales, only, has but one. See Jacob's Law Dictionary. Tit. Knights of the Shire. As to the electors in boroughs &c. see Federalist, No. 56.
99. 1. Black. Com. p. 162.
100. Ibid 175, 176.
101. The number mentioned in Burgh's Pol. Disq. vol. 2. p. 44.
102. Mackintosh's defence of the Fr. revolution p. 262. to 269, 334. to 340.
103. C. U. S. Art. 1. Sec. 6
104. 1. B. C. 157, 158.
105. George Nevil, duke of Bedford, was degraded by act of parliament, because of his poverty, 12, Rep. 107.
106. Mackintosh on the French Revolution. p. 77.
107. Mackintosh on the French Revolution, p. 82.
108. Esprit des Loix , lib. 1. c. 2. 3.
109. The greatest characters the world has known, have risen on the democratic floor. Aristocracy has not been able to keep a proportionate pace with democracy. The artificial noble shrinks into a dwarf before the noble of nature. Paine's Rights of Man, 45.
110. Paine's Rights of Man, 45.
111. 1 Vol. p. 157.
112. 1 Vol. p. 159.
113. 1 Vol. p. 163.
114. 1 Vol. p. 164.
115. It often happens that the contest for power is betwixt the prince and nobles, the people having been previously enslaved. In this case, the form of government is variable so far as relates to the prince and nobility; but the slavery of the people is lasting. It would be a very happy thing in an aristocracy, if, by some indirect means or other, the people could be emancipated front their state of annihilation. Montesquieu, Vol. 1. p. 16.
116. C. U. S. Art. 1. Sec. 9, 10.
117. An alien applying to be admitted to citizenship in the United States, who shall have borne any hereditary title, or been of any of the orders of nobility, in any other kingdom or state, must make an express renunciation thereof in court, at the time of his admission. L. U. S. 3. Cong. c. 85.
118. The right of primogeniture to the inheritance of virtue and talents, has always appeared to be questionable, if we may draw our conclusion from the authority of the sacred scriptures. The first born son of the first man, was a murderer. The first born son of Abraham, (by a concubine it must be confessed,) was an outcast from society; his hand was against every man, and every man's hand against him .... The first born son of Isaac was, by the dispensations of the divine providence, postponed to his younger brother; the first born of Jacob went up unto his father's bed, and defiled it; and the sceptre was transmitted to the race of Judah; the first born of Jesse, appeared worthy in the sight the prophet, but he, with six of his brethren, was rejected in favour of David the youngest and the first born of that same David, was by the same providence set aside in favour of Solomon his youngest son.
119. Mackintosh.
120. The temporal peers of Great Britain are said to amount to two hundred and twenty at this time.
121. 1. Black. Com. p. 168.
122. C. U. S. Art. 1. s. 5.
123. 1. Black. Com. p. 181.
124. C. U. S. Art. 1. s. 3.
125. Vol I. p. 154.
126. C. U. S. Art. 1. Sec. 7.
127. In the reign of queen Anne, there was a creation of twelve new peers at once, in order to secure a majority in the house of lords against a bill which had been sent up by the commons, and had passed one or two readings in the other house. The passage of the India bill, which was introduced in the house of commons during the administration of Charles Fox and Lord North, was prevented by a similar expedient, and those obnoxious ministers were dismissed from the service of the crown after midnight: of the same evening when the determination was obtained .... The dissolution of the parliament, in which there was an evident majority against the new ministry, followed soon after, and secured the tranquility of their administration, by a decided majority in the new house of commons.
128. Mackintosh.
129. The bill for apportioning representatives among the states, was negatived by the president, as contrary to constitutional principles. A new bill was afterwards introduced and passed, there not being a majority of two thirds of either house, in favour of the former .... 2. Cong. 1. Sess. 1792.
130. Black. Com. p. 160, 164, 165.
131. C. U. S. Art. 1. Sec. 6.
132. 1. Black. Com. p. 161.
133. C. U. S. Art. 5.
134. Vol. 1. p. 189.
135. Federalist Vol. 2. p. 124, to 135.
136. The manner of conducting the business in congress is very similar to that observed in the British parliament. At the opening of the session, the president meets the congress in one or other of their chambers, and addresses them upon the general affairs of the union. This address has generally received a separate answer from each house, which is presented by the whole house, to the president in his audience chamber, that is, at his own house. Every resolution to which the concurrence of the senate is necessary, must be laid upon the table on a day preceding that, in which it is moved, unless, by express commission of the house. Petitions, memorials, &c. addressed to the house must be proceeded upon in like manner. Bills are introduced by motion for leave, or by order of the house on the report of a committee, and in either case a committee is appointed to prepare the bill. Revenue bills, as was observed elsewhere, must originate in the house of representatives; but the senate may originate any other bill, and may also propose, or concur to amendments, in revenue bills, as well as others. As the senate constitutes a part of the executive department, this power of origination must have a strong tendency to strengthen, and give activity to that branch of the government.i Every bill receives three readings; but no bill can be twice read on the same day without special order of the house. If upon the first reading of a bill it be opposed, the question put is, whether it shall be rejected; upon the second reading, the speaker states that it is ready for commitment or engrossment. The commitment may be either to a select committee or to the whole house. In a committee of the whole, the speaker quits the chair, and a chairman is appointed, who, when the committee rises, reports to the house the progress therein made. After commitment and report, a bill may be recommitted, or at any time after, before its passage. Previous to the third reading of a bill, it is ordered to he engrossed, or written in a fair round hand; when passed in the house of representatives, it is sent to the senate for concurrence. Bills, except for imposing taxes, may originate in either house. If an amendment be agreed to, in one house, and dissented to in the other, if either house request a conference, a committee is appointed in each house to meet in the conference chamber, to state to each other, verbally, or in writing the reasons of their respective houses, for and against the amendment. After a bill has passed both houses it is enrolled on parchment, examined by a joint committee of both houses, signed by the speaker of the house of representatives, and president of the senate, and is then presented by the committee of enrolment to the president of the United States for his approbation; with an indorsement thereon, specifying in which house it originated, and the day of presentation is entered on the Journals of such house.j If the president approve the bill, he signs it;k it is then received from him by the secretary of state, recorded, and deposited among the rolls in his office; a copy of it is published in at least three of the public papers, and one printed copy is delivered to each senator and representative, and two others, duly authenticated, are sent to the executive authority of each state. The same course is to be observed, where a bill is not returned by the president, within the time limited by the constitution, and thereby becomes a law: or, having been returned, reconsidered, and approved by two thirds of both houses, becomes law.l The manner of proceeding in case a bill be not approved and signed by the president, has been already fully mentioned, in this Appendix.
i. See De Lolme, B. 2. c. 4. and 5.
j. Rules and Orders of the House of Representatives.
k. C. U. S. Article 1. Sect. 7.
l. L. U. S. 1. Congress. 1. Session, c. 14.