R

members to complete the unfinished business of preceding

sessions.

§ 67. The division of a legislature into two co-ordinate branches, is intended to prevent the enactment of improper laws. An injudicious measure may be introduced into a legislative body, and passed without due deliberation. Or, a salutary measure in its general provisions, having been hastily adopted, may be imperfect in some of its details. It is wisely provided, therefore, in all our constitutions, that every measure proposed and passed by either house, shall be subjected to the revision of the other; by which it may be amended or wholly rejected.

§ 68. A primary object of the institution of a senate is to hold in check the popular branch of the legislature. The election of representatives occurring so frequently, this body is rendered unstable and fluctuating by those sudden convul. sions in public sentiment which are common in democratic governments; and, without some restraint upon its action, the administration would become equally fluctuating; the laws enacted one year would be liable to alteration and repeal by every successive legislature; and consequently there would be little security to the rights of person and property.

§ 69. Among the important trusts committed to the senate, is the power of appointment, which it exercises, in conjunction with the governor, in appointing such officers of the government as are not elected by the people. Other weighty responsibilities often devolve upon this body. Its members ought, therefore, to be men possessing, in an eminent degree, the qualifications of wisdom, experience, and incorruptible integrity.

§ 70. The legislature of every state meets at least once in a year, on the day designated by the constitution, to make such laws as the general welfare may require, and to perform such other duties as are assigned to it by the constitution and the laws. The duration of its sessions are not

senate different from the lower branch? § 67. Why is a legislature divided into two branches? § 68. What are the advantages of a senate? § 69. What power does it exercise with the governor?

How often does a legislature meet; and for what purpose?

limited to any specific period, being continued until the most important subjects demanding its consideration shall have been disposed of.

§ 71. The first business of a legislature, on its meeting, is the organization of the respective houses, by the appointment of the necessary officers. Each house elects from its number a speaker, to preside over its deliberations during the session. The duties of a speaker are, to give direction to the business of the house, to enforce the rules of the house, to preserve order in debate, and to put the questions in taking the sense of the house on a proposed bill or resolution. Questions of order often arise in the course of debate which it is not easy for the speaker to decide. This renders his duties very arduous, and sometimes extremely perplexing. The choice of a speaker ought therefore to fall upon an individual who is prompt in his decisions, and familiar with the established usages of legislative bodies. In those states in which there is a lieutenant-governor, this officer usually presides in the senate.

§ 72. Besides the speaker, each house chooses from the citizens at large, a clerk, or secretary, to keep a record of its proceedings; a door-keeper; and a sergeant-at-arms, who is authorized to compel the attendance of members whenever it shall become necessary, and whose other duties are similar to those of a constable, or other peace officer in a court of justice. A clergyman also is usually chosen to serve as chaplain, whose duty it is to offer up prayer every morning at the opening of the session, and to perform such other religious services as shall be called for during the session.

671. How is a legislative body organized? What are the duties of a speaker? 72. What other officers are chosen; and what are their respective duties?

4

CHAPTER IX.

Manner of enacting Laws.

§73. In order to transact the public business with de spatch, each house, when duly organized by the election of its officers, appoints committees on all the ordinary subjects of legislation. To one committee is committed the subject of public expenditures; to another, all applications for canals and railroads; to another, petitions for banks and other incorporations; and so of all the general interests of the state. These interests are so numerous, that all, or nearly all the members of the house, are usually appointed to serve on one or more of the several committecs. These are called standing committees. When any special matter arises which needs to be investigated, a committee is appointed for the purpose, called a select committee. Committees are some

times appointed by the presiding officer.

§74. The necessity of this division of a legislative body into committees is obvious. So great are the number and diversity of subjects to be acted upon, that, if each of them were to receive the attention of the whole house, during the whole course of its investigation, a very small part only of these subjects could be disposed of. By dividing the business among the several committees, much time is saved, and the public business is expedited; as each committee, consisting usually of three, five, or seven members, is as capable of making inquiries into the merits of an application, and of obtaining the information necessary to aid the house in its final action on the subject, as the whole house.

$75. When a committee has duly examined any matter, such committee reports to the house the result of such examination; if the report be in favor of the proposed measure, it is usually accompanied by a bill. A bill is the original draft of a law. Bills may also be introduced by individual

§ 73. After the appointment of officers, what is done preparatory to the transaction of business? What are standing committees? Select committees? § 74. Why is this division of a legislative body neces

? § 75. How are bills introduced? What is a bill? § 76, 77.

members. A member wishing to propose a bill must give at least one day's notice of his intention to move the house for leave to introduce it. If, on the day specified, he make the motion, and leave be granted, the bill is read.

§76. A bill must be read three times before it can be passed by either house; and these several readings must be on different days, unless otherwise ordered by the unanimous consent of the house. And no bill can be committed or amended, until it shall have been read twice. When amended, it is declared to be ready to be committed or engrossed. To engross a bill, is to copy it in a large, fair hand. If the bill be committed either to a standing or select committee, or to a committee of the whole house; or if the bill be ordered to be engrossed; the house appoints a day on which it shall be read the third time. When the house resolves itself into a committee of the whole to consider a bill thus committed, the speaker appoints another member to preside as chairman, and takes part in the debate as an ordinary member.

§ 77. A bill may, at any time before its passage, be recommitted for farther consideration; and when it has been reported on by a committee, or after it has been fully dis. cussed and amended in the house, it is then proposed to be engrossed and read a third time. Then is the proper time for those opposed to the bill to take their stand against it.

§78. When a bill has passed one house, it is sent to the other, in which it must go through a similar form of examination and discussion. Whether it be agreed to, or amended, or wholly rejected, it is returned to the house in which it originated, with a message communicating the result. All amendments made in either house must be concurred in by the other, or the bill cannot become a law. In some cases, when the two houses cannot agree to the amendments, a committee of conference is appointed in each house. These committees report the result of their meeting to their respective houses; and if no agreement or compromise be effected, the bill is lost. [The manner of passing bills, as above described, is substantially that which

What is the progress of a bill through the different readings? What is engrossing a bill? § 78. When a bill has been passed by one house.

has been adopted by Congress, and which, with little if any variation, is practised in all the state legislatures.]

§ 79. An additional safeguard against the enactment of injudicious laws, is provided in the constitutions of many of the states, by requiring every bill, after it shall have been passed by both houses, to be presented to the governor for his approval, before it can become a law. But that the enactment of needful laws may not depend on the judgment or caprice of one man, it is made the duty of the governor, if he refuse to sign a bill, to return it to the house in which it originated, stating his objections to it. If, upon a reconsideration of the bill, it be again passed by both houses, a majority of two-thirds of each house concurring, it then becomes a law without the assent of the governor. Or, if he shall not return it within a certain number of days specified in the constitution, it will be a law, though not signed by him.

§ 80. This power of the executive to negative bills passed by the legislature, is familiarly called the veto power. In England, the king has an absolute negative upon all laws: that is, his approval is in all cases required; and there is no provision for the passage of a law without it. In this country, where this power is qualified by the provision authorizing its passage by the constitutional majority of two-thirds of each house, it is called a qualified negative.

§ 81. The propriety of such a power in a republican government has been much questioned. The constitutional provision requiring the concurrence of a majority of both branches of the legislature, is deemed by many to be a sufficient security against the enactment of bad laws; especially as the people have a remedy for such laws in the frequent elections of their rulers, by means of which the repeal of an obnoxious law may be speedily effected. It is said also against the propriety of a negative, that it is not to be presumed that a single man possesses more virtue and wisdom

what action must it receive in the other? 79. What agency has the governor in the enactment of laws? If he refuse to sign a bill, how may it become a law? § 80. What is an absolute and a qualified veto? 81. For what reasons is a negative power objected to? 82. What are the objects of this power?