The Legislative Manual, of the State of Colorado - Comprising the History of Colorado, Annals of the - Legislature, Manual of Customs, Precedents and Forms, Rules - of Parliamentary Parliamentary Practice, and the - Constitutions of the United States nd The History of - Colorado, annals of the legislature, manual of customs, - precedents and forms, rules of parliamentary practice, and - the constitutions of the United States and the State of - Colorado— also—chronological table of American history, - lists and tables for reference, biographies, etc.

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Title: The Legislative Manual, of the State of Colorado - Comprising the History of Colorado, Annals of the - Legislature, Manual of Customs, Precedents and Forms, Rules - of Parliamentary Parliamentary Practice, and the - Constitutions of the United States nd The History of - Colorado, annals of the legislature, manual of customs, - precedents and forms, rules of parliamentary practice, and - the constitutions of the United States and the State of - Colorado— also—chronological table of American history, - lists and tables for reference, biographies, etc.
Author: Corbett, Thomas B.
Language: English
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*** Start of this LibraryBlog Digital Book "The Legislative Manual, of the State of Colorado - Comprising the History of Colorado, Annals of the - Legislature, Manual of Customs, Precedents and Forms, Rules - of Parliamentary Parliamentary Practice, and the - Constitutions of the United States nd The History of - Colorado, annals of the legislature, manual of customs, - precedents and forms, rules of parliamentary practice, and - the constitutions of the United States and the State of - Colorado— also—chronological table of American history, - lists and tables for reference, biographies, etc." ***

THE

LEGISLATIVE MANUAL,

--OF THE--

STATE OF COLORADO,

--COMPRISING--

THE HISTORY OF COLORADO, ANNALS OF THE LEGISLATURE,
MANUAL OF CUSTOMS, PRECEDENTS AND FORMS, RULES
OF PARLIAMENTARY PRACTICE, AND THE CONSTITUTIONS
OF THE UNITED STATES AND
THE STATE OF COLORADO.

--ALSO--

CHRONOLOGICAL TABLE OF AMERICAN HISTORY, LISTS AND
TABLES FOR REFERENCE, BIOGRAPHIES, ETC.

_THOMAS B. CORBETT._

FIRST EDITION.

DENVER, COLORADO.
DENVER TIMES PUBLISHING HOUSE AND BINDERY.
1877.

Entered according to act of Congress, in the year 1877,
BY THOMAS B. CORBETT,
In the Office of the Librarian of Congress, at Washington, D. C.

PREFACE.

The first edition of the COLORADO LEGISLATIVE MANUAL is herewith
presented. While designed for the use of the General Assembly, it cannot
fail to interest all classes--the lawyer, the merchant, the aspirant
after political honors, and even the young who are ripening into manhood
and soon to share its grave responsibilities. It contains information
which cannot be elsewhere acquired without a great expenditure of time
and patience, in the examination of records, the reconciliation of
numerous discrepancies, the supplement of omissions and the correction
of errors. The pre-State history is necessarily brief. Sketches of
prominent characters, and comments on events and the acts of individuals
are not introduced, for the reason that the period of the narrative
should be removed some distance from the present age to secure the
historian from undue prejudice and partiality. The settlement of
Colorado, now a flourishing State, began scarcely twenty years ago. A
sense of propriety, therefore, demands that only a plain, accurate and
truthful statement be made of what occurred in connection with that
settlement. In the preparation of the Legislative Annals, much labor and
care have been expended. The Annals are as complete and correct as it
was possible to make them, considering the removals of members from the
Territory, the inaccuracy of the records and the imperfection of the
journals. To the novice in legislation, the Manual of Customs,
Precedents and Forms will prove of great value. I have sought, and
indeed have spared no pains nor expense, to make this an improvement
upon all other Legislative Manuals yet published.

This Manual will be published _biennially_ with such changes as
circumstances may require, and such improvements as experience may
suggest. That I am anxious to receive the commendation of an
appreciative public, I do not deny, and hope that their fullest sympathy
with my effort in this direction will be freely accorded. It is a
satisfaction to know, and should beget a praiseworthy pride, that
Colorado is not behind any of the oldest, most populous and wealthy
States in the character, style and completeness of this publication.

It gives me great pleasure to confess, that from the inception to the
completion of this work, I have received much kind and cordial
assistance. My warmest thanks and acknowledgments are extended to Robert
Berry and William W. Webster, experienced legislators, for their good
offices and valuable help. The courtesies of Judge Amos Steck, whose
memory of facts, dates and persons deserves special mention, and the
kindness of O. J. Goldrick, editor and proprietor of the _Rocky Mountain
Herald_, are here gratefully acknowledged.

Trusting that this work will meet the expectations of the General
Assembly, and State at large, I respectfully submit it to their
judgment.

T. B. C.

TABLE OF CONTENTS.

HISTORY OF COLORADO-- PAGE.
History from early settlement to present time 33
Organic Act of Territory 44
Amendments to Organic Act 51
Enabling Act 63
Constitution of Colorado 68
President’s Proclamation 120

CONSTITUTION OF THE UNITED STATES--
Analytical Table of Contents 13
Constitution 124
Amendments 136

MANUAL OF PARLIAMENTARY PRACTICE--
Index 23
Manual of Parliamentary Practice 140

LEGISLATIVE ASSEMBLIES--
Members and officers of the Legislative Assemblies under
Territorial government 212
Members of the Constitutional Convention of 1865 225
Members of Legislative Assembly of 1865 226
Members of the Constitutional Convention of 1875-76 227
Members of the first State Legislature 228
Table showing the length of the several sessions of the
Legislature 230

TERRITORIAL AND STATE OFFICERS--
Territorial officers 231
Delegates to Congress 232
State officers 233
Judges of Supreme Court 233
United States Senators and Representative 233
Presidential Electors 234
Official vote for State officers 235

LEGISLATIVE DEPARTMENT--
Manual of Customs, Precedents and Forms 236
Rules and Orders of Senate 254
Rules and Orders of House 261
Joint Rules of Senate and House 269

CHRONOLOGICAL TABLE 271

UNITED STATES GOVERNMENT--
The Executive, Cabinet and Supreme Court 295
United States Army Organization 295
Members of the Forty-fourth Congress 296
Members of the Forty-fifth Congress 301
Presidents and Vice-Presidents of the United States 307
States and Territories of the Union, Capitals, Governors,
etc. 308
Diplomatic officers of the United States 312

FOREIGN GOVERNMENTS 310

POST OFFICES IN COLORADO 313

COUNTIES OF COLORADO--
Area, population and valuation 316

BIOGRAPHICAL SKETCHES--
Congressional Delegation 317
Executive officers 319
Senators 323
Representatives 332

HISTORY OF COLORADO.

CHAPTER I.

Cession of Louisiana Province and Territorial purchase from
Mexico--expedition of Coronado--United States expedition to examine
Louisiana Province--brief history of Kansas to 1861--first discovery of
Gold--trains of prospectors--first settlements in Colorado--early
attempts to organize a Territory and State--first representative to
Kansas Legislature--visit of Horace Greeley--Provisional Territorial
government organized--people’s courts and miners’ courts--condition of
affairs in 1860--pony express and other events of 1860--Territory of
Colorado organized.--Pages 33-43.

CHAPTER II.--ORGANIC ACT.

Boundaries--Governor, Secretary, their duties and term of
office--Legislature--suffrage--judicial power--election of
delegate--Surveyor-General to be appointed.

AMENDMENTS TO ORGANIC ACT.

To provide a temporary government--to regulate the elective
franchise--in regard to appropriations--compensation of members and
officers of legislature.--Pages 44-56.

CHAPTER III.

Provisional government ends--federal officers arrive--Territorial
government established--events of 1862--events of 1863--events of
1864--Indians punished by Col. Chivington--renewal of Indian hostilities
in 1865--attempt to organize a State--events of 1866--events of
1867--railroads and colonies--temporary division of Republican party in
Colorado--enabling act passed.--Pages 57-62.

CHAPTER IV.--ENABLING ACT.

Power to organize a State
government--boundaries--suffrage--Constitutional
Convention--Constitution to be submitted to the people and President to
admit the State by proclamation--lands and Salt Springs
appropriated--that five per centum of the proceeds of the sales of lands
by the United States be paid to the State. Amendment to the Enabling
Act--Constitutional Convention.--Pages 63-67.

CHAPTER V.--CONSTITUTION.

Preamble--bill of rights--distribution of powers--Executive
Department--Lieutenant-Governor--legislative department--judicial
department--suffrage and elections--State
institutions--education--revenue--officers--impeachments--counties--corporations--mining
and irrigation--militia--miscellaneous--future
amendments--schedule--ordinances. Constitution submitted to the
people--vote--the new State admitted. Proclamation of the
President--party conventions--election for State officers--General
Assembly meet--Governor’s message--general remarks.--Pages 67-123.

ANALYTICAL INDEX OF THE CONSTITUTION OF COLORADO.

ART. SEC.
ACCUSED, right of 2 16

ACTIONS, to be continued as if no change in government.
Sched. 1

ADJOURNMENT, of Legislature 5 15

ALIENS, to possess and enjoy property same as citizens 2 27

AMENDMENTS to Constitution, how made 19 2

APPORTIONMENT of Senators and members of House 5 45

APPROPRIATIONS for charitable and other purposes not to be
made 5 34
not to be made unless assessment be made to meet 10 16

ARMS, right to keep and bear 2 13

ASSEMBLY GENERAL, number of members of 5 46
power to interfere with municipal functions, not to delegate 5 35
members of, when and how chosen 5 2

ASSEMBLY DISTRICTS, may be altered 5 47
State divided into, of Senators what 5 48
State divided into, of Representatives what 5 49

ATTAINDER, no bill of, to be passed 2 9
of treason, not to work corruption of blood 2 9

ATTORNEYS, suitors may prosecute and defend by, or in person 2 16

ATTORNEYS District, when and how chosen, and term of office 6 21

ATTORNEY General, when and how chosen, term of office 4 31
to be one of State Board of Land Commissioners 9 9
to be one of Board of Education 9 1

AUDITOR, not eligible for re-election 4 21

AYES and Noes, when to be entered on journal 5 13
on final passage of bill to be taken and entered on journal 5 22
for concurrence in an amendment, to be taken and entered on
journal 5 23

BAIL, excessive shall not be required 2 20
all persons bailable, etc. 2 19

BILLS in Legislature, shall be printed 5 20
not to embrace more than one subject 5 21
shall be read on three different days 5 22
action of Governor on 4 11
introduced after a certain time, not to become laws 5 19
to be referred to committee and returned 5 20
giving extra compensation not to be passed 5 28
if vetoed, how proceed 4 11
when become laws without Governor’s signature 4 11
appropriating money, item or items of, Governor may
disapprove 4 12

BONDS, executed under Territorial government to Territory,
any county, etc., to remain valid Sched. 2

BOUNDARIES, of State 1 --

BRIBERY, persons convicted of, incapable of holding office 12 4
guilty of, civil officers or members of General Assembly,
who 12 6

CENSUS of State, General Assembly to provide for 5 45
General Assembly to revise apportionment every five years 5 45

CHIEF Justice, one of judges of Supreme Court to be 6 8

CITIES, Legislature to provide for organization of 14 13

CITIZENS and Aliens equal as to possession and enjoyment of
property 2 27

CLERKS of District Courts, to be appointed in each county 6 19

CLERK of Supreme Court, to be appointed by court 6 9

COMMANDER-in-Chief, Governor to be 4 5

COMMISSIONERS Land, State Board of, who to constitute 9 9
duty in regard to State lands 9 10

COMPENSATION of members of Legislature 5 6
extra dis-allowed 5 6
of public officers not to be increased or diminished 5 30

CONGRESSIONAL Districts 5 44

CONSCIENCE, rights of 2 4

CONSTITUTION of Colorado--
oath to support, by whom to be taken 12 7, 8, 9
how to be amended 19 2
when to be submitted for ratification or rejection Ords. 2
who entitled to vote for or against Ords. 2
copy of, to be forwarded to President Ords. 6

CONTRACTS, State not to pass laws impairing obligations of 2 11
no member of Legislature or State officer to be interested
in certain 5 29

CONVICTION not to work corruption of blood 2 9

CORONERS, when and how chosen, term of office 14 8

CORPORATIONS, not to be created by special law except in
certain cases 15 2
charters may be altered, etc. 15 3

COUNTIES, removal of county seats, how effected, by whom 14 2
new, their liability 14 4
not divided, except by consent of qualified voters 14 3

COUNTY Board of Equalization, consists of, duties of 10 15

COUNTY Courts, judicial powers vested in 6 23

COUNTY Judges (probate), how elected and term of office 6 22

COUNTY Officers, how and when to be elected 14 6, 8
who eligible to be 14 10
in vacancies of, who to appoint 14 9
compensation of 14 15

CRIMES, no person to answer for, except by indictment,
except in certain cases 2 8
committed under Territory may be prosecuted under
State Sched. 2

CRIMINAL Courts, may be created 6 24

COURTS of Arbitration, law to provide for 18 3

DEBTS, no imprisonment for 2 12
public, when, how and for what purpose contracted 11 3, 5

DECLARATION of rights 2 --

DEEDS, recorders of, how chosen and term of office 14 8

DEFAULTERS, ineligible to office 12 4

DEPOSITION, no person to be imprisoned longer than 2 17

DISTRIBUTION, of income of school fund 9 3

DISTRICT Attorneys, how chosen and term of office 6 15

DISTRICT Courts, jurisdiction thereof 6 11

DISTRICT Judges, how chosen 6 15
term of office 6 12

DISTRICTS, Assembly may be altered 5 47
Senate and House apportionment of 5 48, 49

DISTRICTS, Congressional, apportionment of 5 44
School to be established 9 15

DISTRICTS, Judicial, may be increased after 1880 6 14

DIVORCES, Legislature not to grant 5 25

DUELLING, persons engaged in not to hold office 12 12

EDUCATION, how provided for 9 --

ELECTIONS, Governor may issue writs of 5 2
no power, civil or military to prevent 2 5

ELECTIONS for General Assembly, when and how held 5 2
for Executive officers, when held, how decided 4 3
for Judicial officers, when 6 15
shall be by ballot 7 8
persons confined in prison cannot vote 7 10
abuses of the elective franchise to be guarded against 7 11
in contested, no person to withhold testimony because
it may criminate himself 7 9
voters privileged from arrest during attendance at 7 5
general, when to be held 7 7

ELECTORS, Presidential, the General Assembly to provide for
elections of, by the people Sched. 20

ELECTORS, qualifications of 7 1
General Assembly may enact laws to qualify women as 7 2
General Assembly, may prescribe educational qualifications
for 7 3

EMBEZZLEMENT, persons convicted of incapable of holding office 12 4

EMINENT Domain, not to be abridged 15 8

ENACTING Clause, provisions concerning 5 18

ENUMERATION of inhabitants provided for 5 45

EQUALIZATION, State Board of, consists of, duty of 10 15
County Board of, consists of, duty of 10 15

ESCHEATS, to state from defect of heirs, to be part of school
fund 9 5

EXCESSIVE bail, not to be required 2 20

EXECUTIVE, power vested in Governor 4 2

EX POST FACTO law, not to be passed 2 11

FEES, collected by State officers to be paid into State
Treasury 4 19
collected by county and precinct officers above salary
to be paid into treasury 14 15

FELONY, what construed to be 18 4
what use of school moneys deemed to be 10 13
conviction of, not to work forfeiture of estate 2 9

FINES, excessive and unusual punishment not to be imposed 2 20

FREEDOM of speech guaranteed to all persons 2 10

FISCAL YEAR, when begins 10 1

FORESTS, destruction of, to prevent 18 6

FUND, school, of the State to be inviolate 9 3
who custodian of 9 3
to whom to be distributed 9 3
all losses to be supplied by State 9 3
shall consist of what 9 5

FUNDS, school, county treasurer to collect and distribute 9 4
university, under control of regents 9 14

GENERAL ELECTIONS, when to be held 7 7

GOVERNOR, term of office 4 1
when and how elected 4 3
who eligible to office of 4 4
to be commander in chief, his powers 4 5
appointments to be made by, what and when 4 6
may grant reprieves, etc. 4 7
when powers and duties devolve on Lieut.-Governor 4 13
his powers in approving bills 4 11
may remove certain officers 4 6
first elected, how long to hold office 4 1

GREAT SEAL, what called, by whom kept 4 18

HABEAS Corpus, privilege not to be suspended 2 21

IMPEACHMENTS, House of Representatives to have sole power of 13 1

IMPRISONMENT for debt not to be, except, etc. 2 12

INDICTMENTS, how to conclude 6 30

IRRIGATION, right to use unappropriated waters 16 6
right of way for conveying water to be granted 16 7
rates for use of water, county commissioners to establish 16 8

JEOPARDY, no person to be twice put in 2 18

JOURNALS of Legislature to be published 5 13

JUDGES, election of, term of office, etc. 6 --

JUDICIAL power, where vested 6 1

JUDICIAL officers, in relation to impeachment of 13 2

JUDICIAL Districts, division of 6 13
limits may be altered 6 14
judge to be chosen from each 6 12
judges may hold court in other districts 6 12

JURY Grand, to consist of 2 23
General Assembly may change, etc. 2 23

JURY, right of trial by 2 23

JUSTICE, courts of, open to all, how administered 2 6

JUSTICE of the Peace, judicial powers vested in 6 25

LAND, title in Territory to vest in State Sched. 3
no change of title Sched. 1
granted to State, how provided for 9 10

LANDS, school, proceeds to school fund 9 5
public, who control 9 9
university, granted to, under what control 9 10
of United States, not to be taxed Ords. 2 2

LAWS, how passed 5 --
local or special not to be passed 5 25
_ex-post facto_, not to be passed 2 11
style of 5 18
publication in Spanish and German 18 6
not to be enacted, except by bill 5 17
not to embrace but one subject 5 21
not in force until ninety days after passage 5 19
each on final passage has vote taken by ayes and noes 5 22
amendments, vote taken by ayes and noes 5 23
of Territory, when to expire, etc. Sched. 1
homestead and exemption, Legislature to pass 18 1

LEGISLATURE, number of members 5 46
powers and duties 5 --
who eligible to 5 4
session of, how limited 5 6
terms for which members are elected 5 3
vacancies in, to fill, writs of election issued by Governor 5 2
when meet, how often 5 7
members not to be appointed to civil offices 5 8
shall not pass bills giving extra compensation 5 28
local or special laws, shall not pass 5 25
compensation of members 5 6
when may borrow money 11 3
to propose amendments to Constitution 19 1
to revise Constitution, may recommend election of a
convention 19 1
number, duties, and compensation of officers to be
prescribed 5 27
power to enact laws, where vested 5 1

LIBEL, truth may be given in evidence 2 10
jury may determine law and fact 2 10

LIBERTY, without process of law no person to be deprived of 2 25
of speech and the press, relating to 2 10

LIQUORS, adulterated or drugged, sale to be prohibited 18 5

LIEUTENANT-GOVERNOR, how and when elected 4 3
term of office 4 1
when to act as Governor 4 13
to be president of Senate 4 14
to have only casting vote 4 14
his compensation 4 19
first elected, how long to hold office 4 1

LOTTERIES, Legislature not to authorize 18 2
tickets of, sale to be prohibited 18 2

MAJORITY of each House of Legislature to constitute a quorum 5 11

MEMBERS of Congress ineligible to Legislature 5 8

MEMBERS of Legislature, number of 5 46
how and when chosen 5 2
who eligible as 5 4
not to be elected or appointed civil officers 5 8
who ineligible as 12 4
not liable for words spoken in debate 5 16
compensation of 5 6
mileage of 5 6

MILITARY subordinate to civil power 2 22

MILITIA, of whom shall consist 17 1
organization, etc. 17 2
officers, appointed by whom, elected by whom 17 3
arms, etc., safe keeping, who provide for 17 4
duty not compulsory, etc., when 17 5

MINES, office of commissioner of, to be established 16 1
sanitary provisions to be made by law 16 2
teaching science of working, etc., provision may be made 16 4
exempt from taxation for ten years, except, etc. 10 3

OATHS, of members of Legislature 12 7
of executive and judicial officers 12 9
of civil officers 12 8

OBLIGATIONS to State or any municipal corporation to be paid
in full 5 38

OFFICERS, State, first elected, how long to hold office 4 1
to exercise duties of office 12 1
elected to fill vacancy, when term expires 12 11

OFFICES, who disqualified from holding 12 4, 12
when may be declared vacant 12 10

ORDER, resolution, or vote, requiring concurrence of both
Houses 5 39
Governor to approve 5 39

PARDONS, Governor may grant 4 7

PERSONS, every one entitled to speedy remedy by the laws 2 6

PETITION, right to 2 24

POLICE, magistrates for cities and towns 6 26

PRESIDENT of Senate, Lieutenant-Governor to be 4 14
his compensation 5 6
has only casting vote 4 14

PRESIDENTIAL ELECTORS, the General Assembly to provide for
election of by the people Sched. 20

PRESS, freedom of 2 10

PRIVILEGES, of members and officers of Legislature 5 16

PROCESS, style of 6 30
issued under authority of Territory to be valid. Sched. 2
of law, no person to be deprived of life, etc., without 2 25

PROPERTY, private, not to be taken for public use without
compensation 2 15
without process of law no person to be deprived of 2 25
of Territory to vest in State Sched. 3
private, not to be taken for debt of municipal corporations 10 14
of United States, not to be taxed Ords. 2 2

PROSECUTIONS, criminal, how carried on 6 30

PUNISHMENTS, cruel and unusual not to be inflicted 2 20

QUALIFICATIONS of voters at elections 7 1
of members of Legislature 5 4
of Governor 4 4
of judges of Supreme Court 6 10
of District judges 6 16

QUORUM, what shall constitute in each House 5 11
what shall constitute in Supreme Court 6 5

RAILROADS, common carriers to be 15 4
consolidation of parallel or competing lines forbidden 15 5
discriminations between individuals not to be 15 6
street, not to be built without consent of local
authorities 15 11

RECOGNIZANCES, executed under Territorial government
to remain valid Sched. 2

RECORDER OF DEEDS, when and how chosen, and term of office 14 8

RELIGION, constitutional provisions relative to 2 4
no persons to be denied civil or political rights for
opinions concerning 2 4

RELIGIOUS, test not to be required as qualification for
teacher or student 9 8
societies, no appropriation to be made for support of 9 7

REMOVAL, from office in case of impeachment 13 2
of what officers may be made by Governor 4 6

REPEAL of acts of incorporation 15 3

REPRIEVES, Governor may grant 4 7

REVENUE, annual tax to be imposed for 10 2

RIGHTS of the people to be secure in their persons, houses,
etc. 2 7
of the accused 2 16
enumerated in Constitution not to be construed to deny,
etc. 2 28
of the people to assemble and consult and to petition 2 24
of worship not to be infringed 2 4
to continue as if no change in government. Sched. 1

SCHEDULE of Constitution 20

SCHOOLS, free public, Legislature to establish 9 2
to be uniform, and one or more in each district 9 2
no sectarian instruction to be allowed therein 9 8
text-books not to be prescribed by Legislature or State
Board of Education 9 16
control of instruction to be vested in Boards of Education 9 15

SCHOOL FUNDS, what to consist of 9 5
to remain inviolate and intact 9 3
how interest to be applied 9 3
county, how collected, how distributed 9 4

SCHOOL LANDS, of what to consist 9 5
who to sell 9 9
purchase money, of who custodian, etc. 9 3

SEAL of State, who to keep 4 18

SEARCHES and Seizures, constitutional provision relating
thereto 2 7

SEAT of government, how determined, and where till determined 8 2

SECRETARY of State, when and how chosen 4 3
his term of office 4 1
to be one of commissioners for sale of school lands, etc. 9 9
to be keeper of the Great Seal 4 18

SENATORS, divided into classes 5 5

SENATE districts, how formed and numbered 5 48

SHERIFF, when and how chosen and term of office 14 8

SLAVERY, not to exist in State 2 26

SOLDIERS, their eligibility to office and right to vote 7 4

SPEECH, liberty of 2 10
or debate of members of Legislature not to be questioned
in any other place 5 16

STATE OF COLORADO, boundaries 1
credit or faith thereof not to be loaned or pledged 11 1
not to impose tax on U. S. lands. Ords. 2 2
no donation or grant by, to any corporation, etc.,
except, etc. 11 2
not to contract debts except in certain cases 11 3
police powers not to be abridged 15 8

STATE BOARD OF EQUALIZATION, consists of, duty of 10 15

STATE DEBT, when may be contracted 11 3
for what may be created 11 5
not to be created except by law 11 4

STATE TREASURER, when elected 4 3
term of office 4 1
duties 10 12

STATIONERY, etc., for use of State, to be let to lowest
bidder 5 29

STREAMS, natural, to be property of public 16 5

STYLE, of laws 5 18
of process and prosecutions 6 30

Superintendent of Public Instruction, how elected 4 3
ex-officio State Librarian 4 20
to be one of State Board of Land Commissioners 9 9
president of State Board of Education 9 1

Supreme Court, judicial power vested in 6 1
to have appellate jurisdiction only 6 2
its general powers 6 3
number of judges to constitute a quorum 6 5
judges electable 6 6
how elected 6 15
judges, term of office 6 7
judges, classified to be 6 8
who Chief Justice 6 8
clerk appointed by judges 6 9
two terms each year to be held at seat of government 6 4
qualifications for office of judge 6 10
oath of office to be filed with Secretary of State 12 9

Taxation, for State purposes, rates of not to exceed six
mills. 10 11
rule of, to be uniform 10 3
rate of, when valuation amounts to $100,000,000 not to
exceed four mills. 10 11
rate of, when valuation amounts to $300,000,000 not to
exceed two mills. 10 11
what exempt from 10 4, 5
laws exempting from to be void 10 6

TAXES, not to be imposed for purposes of any county, etc.,
by the General Assembly 10 7
no county, city, etc., for State purposes, to be released
from 10 8
power to levy on corporations and corporate property not
to be relinquished or suspended 10 9
not to be imposed on lands or property of United States Ords. 2 2
all corporations subject to 10 10

TELEGRAPH, consolidation with competing lines forbidden 15 13

TERRITORIAL limits, same as State 1

TERRITORY OF COLORADO, property of to vest in State Sched. 3
officers of, how long to hold office Sched. 5 9, 10

TREASON, against State, what consists in 2 9
evidence necessary to convict 2 9
no person can be attainted of 2 9

TREASURER OF STATE. (See State Treasurer)

TREASURY, state, county, city, town, etc., no money to
be drawn from for religious societies or seminaries 9 7

TRIAL by Jury, right of 2 16, 23

TRUST funds not to be invested in bonds or stock of
private corporations 5 36

UNITED STATES, no taxes to be imposed by State on lands
or property of Ords. 2 2
ordinance 2, irrevocable without consent of Ords. 2 3

UNIVERSITY, State, subject to control of State 8 5
regents of, how elected, term of office 9 12
regents of, a body corporate 9 12
regents of, classified by lot 9 12
president of, how elected 9 13
president of, ex officio member of board, voting only in
case of tie 9 13
president of, principal executive officer of 9 13
supervision of, by whom 9 14
funds of, under control of regents 9 14

VACANCIES, office of County Commissioners filled by governor 14 9
any other county office filled by Board of County
Commissioners 14 9
when filled, term of office 12 11
in elective offices, to be filled by election 6 29
in judicial offices, when an unexpired term is less than
one year, filled by whom 6 29
in either House, to fill such, writs of election to be
issued by Governor 5 2
in certain offices, during recess of Senate, to be filled
by Governor 4 6
in the offices of Auditor of State, State Treasurer,
Secretary of State, Attorney-General, and
Superintendent of Public Instruction, to be filled
by appointment of Governor 4 6
in offices of Governor and Lieutenant-Governor 4 13, 14, 15

VENUE, power to change, vested where 5 37

VETO, of Governor, to pass a bill over 4 11

VOTING, to be by ballot 7 8

VOTERS, who qualified 7 1
during attendance at elections to be privileged from arrest 7 5
only qualified, to be elected or appointed to any civil
or military office 7 6
not qualified 7 10

WITNESS against self in criminal cases, not compelled to be 2 18

WORSHIP, right not to be infringed 2 4

WRITS, style of 6 30
power of Supreme Court to issue 6 3
of Habeas Corpus, may issue from Supreme Court 6 3
of Certiorari, may issue from the Supreme Court 6 3
of Mandamus, may issue from the Supreme Court 6 3
quo warranto 6 3
injunction 6 3
of election to be issued by Governor 5 2

ANALYTICAL INDEX OF THE CONSTITUTION OF UNITED STATES.

ART. SEC.

ACTS, records and judicial proceedings of each State
entitled to faith and credit in other States 4 1

AMENDMENTS to the Constitution, how made 5 1
which have been made (see page 136).

APPOINTMENTS to be made by the President 2 2

APPORTIONMENT of Representatives 1 2

APPROPRIATIONS by law 1 9
for army not to exceed two years 1 8

ARMIES, Congress to raise and support 1 8

ARMS, right of people to keep and bear (see page 136).

ARTS and sciences to be promoted 1 8

ASSEMBLE, people may (see page 136).

ATTAINDER, bill of, prohibited to Congress 1 9
prohibited to the States 1 10
of treason shall not work corruption of blood or forfeiture
except during the life of the person attained 3 3

BAIL, excessive not required 3 3

BANKRUPTCY laws to be uniform 1 8

BILLS for raising revenue shall originate in the House
of Representatives 1 7
before they become laws shall be passed by both
houses and approved by the President, or if
disapproved, shall be passed by two-thirds of each
house 1 7
not returned in ten days, unless an adjournment intervenes,
shall be laws 1 7

BORROW money, Congress may 1 8

CAPITATION tax, apportionment of 1 9

CENSUS, or enumeration, to be made every ten years 1 2

CITIZENS of each State shall be entitled to the privileges and
immunities of citizens in the several States 4 2
who are (14th amendment, sec. 1, p. 138).

CLAIMS, no prejudice to certain 4 3
of the United States, or of the several States, not to be
prejudiced by any construction of the Constitution 4 3

COASTING trade, regulations respecting 1 9

COINS, Congress to fix value of foreign 1 8

COMMERCE, Congress to regulate 1 8
regulations respecting to be equal and uniform 1 9

COMMISSIONS to be granted by the President 2 3

COMMON LAW recognized and established (7th amendment,
page 137).

CONGRESS vested with power 1 1
may alter the regulations of State Legislatures
concerning elections of Senators and Representatives,
except as to place of choosing Senators 1 4
shall assemble once every year 1 4
officers of government cannot be members of 1 6
may provide for cases of removal, death, etc., of President
and Vice-President 2 1
may determine the time of choosing electors of President
and Vice-President 2 1
may invest the appointment of inferior officers in the
President alone, in the courts of law, or the heads
of departments 2 2
may establish courts inferior to the Supreme Court 3 1
may declare the punishment of treason 3 3
may prescribe the manner of proving the acts and records of
each State 4 1
to assent to the formation of new states 4 3
may propose amendments to the Constitution or call a
convention 5 1
to lay and collect duties 1 8
to borrow money 1 8
to regulate commerce 1 8
to establish uniform laws of bankruptcy and naturalization 1 8
to coin money, to regulate the value of coin, and fix a
standard of weights and measures 1 8
to punish counterfeiting 1 8
to constitute tribunals inferior to the Supreme Court 1 8
to define and punish piracies, felonies on the high seas,
and offenses against the laws of nations 1 8
to establish post-offices and post-roads 1 8
to authorize patents to authors and inventors 1 8
to declare war, grant letters of marque, and make rules
concerning captures 1 8
to raise and support armies 1 8
to provide and maintain a navy 1 8
to make rules for the government of the army and navy 1 8
to call out the militia in certain cases 1 8
to organize, arm and discipline militia 1 8
to exercise exclusive legislation over seat of government 1 8
to pass laws necessary to carry the enumerated powers into
effect 1 8
to dispose of, and make rules concerning, the territory or
other property of the United States 4 3
President may convene and adjourn in certain cases 2 3
Constitution, how amended 5 1
laws and treaties declared to be the supreme law 6 1
rendered operative by the ratification of nine States 7 1

CONTRACT, no law impairing 1 10

CONVENTIONS for proposing amendments to the Constitution 5 1

COUNTERFEITING, Congress to provide for the punishment of 1 8

COURT, Supreme, its original and appellate jurisdiction 3 2

COURTS, inferior to the Supreme Court, may be ordained by
Congress 1 8
do do 3 1

CRIMES, persons accused of fleeing from justice, may be
demanded 4 2
how to be tried 3 2

CRIMINAL PROSECUTIONS, proceedings in cases of 3 2

DEBTS, against the confederation to be valid 6 1

DUTIES to be laid by Congress, and to be uniform 1 8
further provisions respecting 1 9
cannot be laid by the States 1 10
on exports prohibited 1 9
on imports and exports imposed by States shall inure to
the treasury of the United States 1 1

ELECTION of Senators and Representatives shall be prescribed
by the States 1 4

ELECTIONS, qualifications and returns of members of Congress
to be determined by each House 1 5

ELECTORS of President and Vice-President, how chosen, their
duties 2 1
altered (see 12th amendment, p. 137).
to vote the same day throughout the United States 2 1
no Senator or Representative, or public officer shall
serve as 2 1

ENUMERATION every ten years 1 2

EXECUTIVE power vested in the President. (See President). 2 1

EXPORTS not to be taxed 1 9
and imports, States prohibited from laying duties on 1 10

EX POST FACTO Law, none shall be passed 1 9
prohibited to States 1 10

FINES, excessive, prohibited (8th amendment, p. 137).

FUGITIVES from justice to be delivered up 4 2
from service may be reclaimed 4 2

HABEAS CORPUS, writ of, can only be suspended in cases of
rebellion or invasion 1 9

HOUSE OF REPRESENTATIVES. (See Representatives.)

IMPEACHMENT to be brought by House of Representatives 1 2
tried by the Senate 1 3
judgment on 1 3
all civil officers liable to 2 4

IMPORTATION of slaves, not prohibited till 1808 1 9

JUDGES shall hold their offices during good behavior 3 1
their compensation 3 1

JUDICIARY tribunals, inferior to Supreme Court, may be created 1 8

JUDICIAL power vested in Supreme Court and courts inferior 3 1
powers of the judiciary 3 2
restriction as to suit against a State (11th amendment,
page 137).
proceedings of each State are entitled to faith and credit
in every State 4 1

JURY trial secured, and shall be held in the State where the
crime shall have been committed 3
further regulated (6th amendment, p. 137).
secured in suits at common law where the value in
controversy shall exceed twenty dollars (7th
amendment, p. 137).

LAW, what is declared the supreme 6 1
common, recognized and established (7th amendment, page 137).

LAWS, President to see them faithfully executed 2 3

LEGISLATIVE powers vested in Congress. (See Congress.)

LOANS, authority to make 1 8

MARQUE and Reprisal, letters of 1 8

MILITIA to be called out 1 8
to be officered by the States 1 8
to be commanded by the President 2 2
their right to keep and bear arms secured (2d amendment,
p. 136).

MONEY shall be drawn from the treasury only by appropriation
laws 1 9
Congress to coin, and regulate value of 1 8
States cannot make 1 10

NATURALIZATION, uniform rules of 1 8

NAVY, Congress to provide and govern 1 8

NOBILITY, titles of, shall not be granted by the United States 1 9
nor by the States 1 10

OFFICERS, of the House of Representatives shall be chosen by
the House 1 2
of the Senate shall be chosen by the Senate 1 3
civil, may be removed by impeachment 2 4

ORDER of one house requiring the concurrence of the other 1 7

OATH of the President 2 1
of the public officers 6 1

PARDONS, President may grant 2 2

PATENTS to be granted to inventors 1 8

PETITIONS, right of (1st amendment, p. 136).

PERSONS held to service or labor, their importation or
migration into the United States may be prohibited
after 1808 1 9
escaping from one State to another shall be delivered up
to those entitled to service 4

PIRACY, Congress to prescribe punishment for 1 8

POST-OFFICES and Post-roads, establishment of 1 8

POWERS not delegated to Congress nor prohibited to the States
are reserved (10th amendment, p. 137).
legislative. (See Congress.)
executive. (See President.)
judicial. (See Judicial.)

PRESENTS from foreign powers to public officers prohibited 1 9

PRESS, freedom of (1st amendment, p. 136).

PRESIDENT of the U. S. vested with the executive power 2 1
shall be chosen for four years 2 1

PRESIDENT of the U. S., how elected 2 1
same (12th amendment, p. 137).
qualifications for 2 1
who shall act in case of vacancy 2 2
compensation of 2 1
shall take an oath of office 2 1
may be removed by impeachment 2 4
commander of army, navy and militia 2 2
may require the written opinions of the heads of departments 2 2
may reprieve and pardon 2 2
may make treaties with consent of the Senate 2 2
may appoint to office with consent of the Senate 2 2
shall fill vacancies happening during the recess of the
Senate 2 2
shall give information to Congress and recommend measures 2 3
may convene both houses or either house 2 3
may adjourn them in case of disagreement 2 3
shall receive ambassadors and public ministers 2 3
shall take care that the laws be faithfully executed 2 3
shall commission all officers 2 3

PRIVILEGES and immunities of members of Congress 1 6
of citizens. (See Citizens; also Rights.)

PROPERTY, Congress to provide for care of public 4 3
shall not be taken for public use without just compensation
(5th amendment, p. 136).

PUBLIC DEBT, not to be questioned (14th amendment, sec. 4,
page 139).

PUNISHMENT, cruel and unusual prohibited (8th amendment,
page 137).

QUORUM for business, what shall be 1 5
of States in choosing a President by House of Representatives 2 1

QUARTERED, no soldier to be quartered on a citizen (3rd
amendment, p. 136).

RECEIPTS and expenditures, accounts of to be published 1 9

RECORDS, how to be authenticated 4 1

RELIGION, no law to be made, free exercise of (1st amendment,
p. 136).

RELIGIOUS test not required 6 --

REPRIEVES granted by the President 2 2

REPRESENTATIVES, House of, composed of members chosen every
second year 1 2
qualification of voters 1 2
qualification of members 1 2
apportionment of 1 2

REPRESENTATIVES, vacancies, how supplied 1 2
shall choose their officers 1 2
shall have power of impeachment 1 2
shall be the judge of the election and qualification of its
members 1 5
what shall be a quorum 1 5
any number may adjourn and compel the attendance of absentees 1 5
may determine the rules of proceeding 1 5
may punish or expel a member 1 5
shall keep a journal and publish the same 1 5
shall not adjourn for more than three days, nor to any other
place, without the consent of the Senate 1 5
one-fifth may require the yeas and nays 1 5
shall originate bills for raising revenue 1 7
compensation to be ascertained by law 1 6
privileged from arrests, except in certain cases 1 6
shall not be questioned for speech or debate in the House 1 6
shall not be appointed to office 1 6
shall not serve as electors of President 2 1
and direct taxes apportioned according to numbers 1 2
how apportioned (14th amendment, sec. 2, p. 139).

REPRESENTATION of a State, vacancies in, supplied until a new
election by executive authority 1 2

RESOLUTION, order, or vote, requiring the concurrence of
both houses to undergo the formalities of bills 1 7

REVENUE bills to originate in the House of Representatives 1 7

RIGHTS OF THE CITIZEN DECLARED TO BE--
privileges of citizens of the several States 4 2
liberty of conscience in matters of religion
(1st amendment, p. 136).
freedom of speech and of the press (1st amendment, page 136).
to assemble and petition (1st amendment, p. 136).
to keep and bear arms (2d amendment, p. 136).
to be secure from the quartering of soldiers (3d amendment,
p. 136).
to be exempt from unreasonable searches and seizures (4th
amendment, p. 136).
to be free from answering for a crime unless on presentment
or indictment of a jury (5th amendment, page 136).
not to be twice jeopardized for the same offence (5th
amendment, p. 136).
not to be compelled to be a witness against himself
(5th amendment, p. 136).
not to be deprived of life, liberty, or property without due
course of law (5th amendment, p. 136).
private property not to be taken for public use (5th
amendment, p. 137).

RIGHTS OF THE CITIZEN DECLARED TO BE--
in criminal prosecution shall enjoy the right of speedy trial
by jury, with all the means necessary for his defence
(6th amendment, p. 137).
in civil cases trial to be by jury, and shall only be
re-examined according to common law (6th amendment,
p. 137).
excessive bail shall not be required, excessive fines
imposed, nor cruel nor unusual punishment inflicted
(8th amendment, p. 137).
enumeration of certain rights shall not operate against
retained rights (9th amendment, p. 137).

RULES, each house shall determine its own 1 8

SEARCHES and SEIZURES, security against (4th amend., p. 136).

SEAT of government, exclusive legislation 1 5

SENATE, composed of two Senators from each State 1 3
how chosen, classed, and terms of service 1 3

SENATE, qualifications of Senators 1 3
Vice-President to be President of the 1 3
shall choose their officers 1 3
shall be the judge of the election and qualification of
its members 1 5
what number shall be a quorum 1 5
any number may adjourn and compel the attendance of absentees 1 5
may determine its rules 1 5
may punish or expel a member 1 5
shall keep a journal and publish the same, except parts
requiring secrecy 1 5
shall not adjourn for more than three days, nor to any other
place, without the consent of the other House 1 5
one-fifth may require the Yeas and Nays 1 5
may propose amendments to bills for raising revenue 1 7
shall try impeachments 1 3
effect of their judgment on impeachment 1 3
compensation to be ascertained by law 1 6
privileged from arrest 1 6
not questioned for any speech or debate 1 6
shall not be appointed to office 1 6

SENATOR shall not be elector 2 1

SENATORS and Representatives, elections of, how prescribed 1 4

SLAVES, their importation may be prohibited after 1808 1 9
escaping from one State to another, may be reclaimed 4 2

SLAVERY and involuntary servitude abolished, except for
crime (13th amendment, p. 138).

SOLDIERS not quartered on citizens (3d amendment, p. 136).

SPEAKER, how chosen 1 2

SPEECH, freedom of (1st amendment, p. 136).

STATES, PROHIBITED FROM--
entering into a treaty, alliance, or confederation 1 10
granting letters of marque 1 10
coining money 1 10
emitting bills of credit 1 10
making anything a tender but gold and silver coin 1 10
passing bills of attainder, ex-post facto laws, or laws
impairing contracts 1 10
granting titles of nobility 1 10
laying duties on imports and exports 1 10
laying duties on tonnage 1 10
keeping troops or ships of war in time of peace 1 10
entering into any agreement or contract with another State
or foreign power 1 10
engaging in war 1 10

STATES, new, may be admitted into the Union 4 3
may be formed within the jurisdiction of others, or by the
junction of two or more, with the consent of Congress
and the Legislatures concerned 4 3

STATE JUDGES bound to consider treaties, the Constitution, and
laws under it, as supreme 6 --

STATE, every, guaranteed a Republican form of government,
protected by the United States 4 4

SUPREME COURT. (See Court and Judiciary.)

SUITS at Common Law, proceedings in (7th amend., p. 137).

TAX, direct, according to representation 1 2
shall be laid only in proportion to census 1 9

TAX on exports prohibited 1 9

TENDER, what shall be legal 1 10

TERRITORY, or public property, Congress may make rules
concerning 4 3

TEST, religious, shall not be required 6 --

TITLES. (See Nobility.)

TITLE from foreign State prohibited 1 9

TREASON defined 3 3

TREASON, two witnesses or confession necessary for conviction 3 3
punishment of may be prescribed by Congress 3 3

TREASURY, money drawn from only by appropriation 1 9

TREATIES, how made 2 2
the supreme law 6 --
States cannot make 1 10

VACANCIES happening during the recess may be filled
temporarily by the President 2 2

VACANCIES, in representation in Congress, how filled 1 2

VETO of the President, effect of and proceedings on 1 7

VICE-PRESIDENT of the United States to be President
of the Senate 1 3
how elected 2 1
amendment (see p. 137).
shall in certain cases discharge the duties of President 2 1
may be removed by impeachment 2 4

VOTE of one House requiring the concurrence of the other 1 7
right not to be denied on account of race (15th amendment,
p. 139).

WAR, Congress to declare 1 8

WARRANTS for searches and seizures, when and how they shall
issue (4th amendment, p. 136).

WITNESS in criminal cases, no one compelled to be against
himself (5th amendment, p. 136).

WEIGHTS and Measures, standard of 1 8

YEAS and Nays entered on journal 1 5

INDEX TO

MANUAL OF PARLIAMENTARY PRACTICE.

A. PAGE.

ABSENCE, not allowed without leave, 150
provision in case of, 150

ADDRESS, how presented, 152

ADHERE, question discussed, 196
effect of a vote to, 196
should be two conferences before vote to, 197

ADJOURNMENT, motion for cannot be amended, 203
rules and regulations in respect to, 203
a question is removed by, 186
of the session, all unfinished business fall, 204
of the session, modes and manner discussed, 204, 205
to be declared by the Speaker, 204
for more than three days by concurrent votes, 203
provision for disagreement respecting, 203
effect of, on business pending, 204

AMENDMENT TO BILLS--See also BILLS, 182
proceedings in relation to, 182
now to be reported, 170
fail on recommitment, 170
in the third degree not admissable, 179, 197
discussion of the nature and coherence of, 184
Speaker cannot refuse to receive because inconsistent, 182
may totally change the subject, 182
if House refuse to strike out a paragraph it cannot be amended, 183
a new bill may be engrafted on another, 182
mode of proceeding on amendments between the Houses, 196
made in Committee of the Whole, falls on reference, 172
proposed, inconsistent with one adopted may be put, 182
may be amended prior to adoption, but not after, 190
(proposed) by striking out, and lost, the paragraph proposed
to be stricken out cannot be amended, 183
not identical or equivalent to one lost, may be proposed, 183
by insertion, how far liable for further amendment, 183

APPORTIONMENT of representatives, table of, 148

APPROPRIATION, made by resolution, 165

ARREST, definition of privilege from, 141, 146
terminates with the session, 142

ASSAULTS AND AFFRAYS in the House, how settled, 161

AYES AND NOES, how questions are determined by, 191, 192
no member to vote if not present, 192

BILLS, engrossed, must not be looked into, 158
to be fairly written, or Speaker may refuse them, 166
amendment fall, if recommitted, 170
a particular clause may be recommitted, 170
amendments, how proceeded with, 171
amendments fail if referred to committee, 172
proceedings on second reading, 173
time for attacking or opposing, 173
what constitutes possession, 182
one bill may be engrafted on another, 182
one House may pass with blanks and be filled in the other, 183
on third reading, forms observed, 188
on third reading, may be committed, 189
on third reading, amended by riders, 189
on third reading, blanks filled, 189
cannot be altered after passage, 190
new, concerning their introduction, 166
to receive three readings, etc., 165
how brought in on notice and leave, 166
forms in introducing, 166
not amended at first reading, 166
proceedings on the second reading, 166
how and to whom committed, 167
shall be read twice before commitment, 167
not to be referred to avowed opponents, 167
referred, may be delivered to any of the committee, 167
amendments between the Houses, mode of proceedings, 196, 197
by whom to be taken from House to House, 200
may be specially commended to notice of other House, 200
rejected, course to be pursued, 200
if one House neglects a bill, the other may remind of it, 200
how to be enrolled, signed, and presented to the President, 201
amendments cannot be receded from or insisted on, by the
amending House, with a further amendment, 196
amendment to an amendment has precedence over a motion
to agree or disagree, 196
amendments to amendments, how far admissable, 197
proceedings upon in Committee of the Whole, etc., 171
titles, when made, 193
reconsideration, when and how the question may be moved, 194, 195
reconsideration, effect of a vote for, 194
(rejected) relating to their being brought in during the
same session, 194

BILLS, originating in one House, rejected in the other, may
be renewed in the rejecting House, 195
expedient for remedying omissions in, 195
mode of proceeding, when founded on facts requiring an
explanation, 195
effect of a vote to insist or adhere, 196
conference upon, at what stages, and by whom asked, 197, 198
papers relating to, to be left with the conferees of the
House acceding to the conference, 199
enrolling, 201
proceeding when disapproved, 201
not returned in ten days, to be laws, unless an adjournment
intervene, 201

BLANKS, longest time, largest sum first put, 184
bill may be passed with, and filled in other House, 185
may be filled in engrossed bills, 189
construction of the rule of filling, 184

BREACH OF PEACE, mode of proceeding on charge of, 146

BRIBERY (Randall & Witney’s case) breach of privilege, 143

BUSINESS, order of in Senate, 187
a settled order in its arrangement useful, 186

CALL OF THE HOUSE, proceedings in case of, 150

CHALLENGE, breach of privilege, 141

CHAIRMAN, of committee elected, 152
of Committee of the Whole, may be elected, 153

CHANGE OF VOTE, right to, 192

CLERK, puts the question before election of Speaker, 151
to read standing, 173
numbers the sections, 185
may correct his errors, 200

COMMITTEE, cannot inquire concerning their members, 152
must not sit when the House is in session, 152
may elect chairman, 152
manner of proceeding in, 152
members of the House may be present at their sittings, 168
cannot reconsider or alter their own votes, 169
how they report amendments, 170
cannot sit in recess after Congress has expired, 204
a member elect, though not returned, may be appointed on, 145
standing, 152
forms and proceedings in, 152, 168

COMMITTEE, joint, how they act, 153
who shall compose, 167
how appointed in Senate, 167
time and place of meeting, 167
majority of to constitute a quorum, 168

COMMITTEE OF THE WHOLE, great matters usually referred to, 153

COMMITTEE OF THE WHOLE, their power over a bill, 168
have entire control over a report committed, 171
dissolved by a report, 154
how revived, 155
may be discharged from instructions, 195
when they may sit during recess, 201
effect of a reference to, when a bill has been amended in
Committee of the Whole, 172
may elect their chairman, 152
Speaker may resume chair if in great disorder, 154
manner of doing business, in Senate, 171
proceedings in, 153, 171
irregularly dissolved, 154
cannot adjourn, 154
report proceedings, 171
subjects which have passed through may be referred to
special committee, 172
particulars which attach to, 172

COMMUNICATIONS, confidential, to be kept secret, 205

COMMON FAME, a ground for proceeding, 155

CONFERENCES, common to have two before vote to adhere, 196
cannot alter anything upon which the House have agreed, 189
discussions of the nature and occasion of, 189
report of, cannot be amended or altered, 189
papers left with conferees of House agreeing to, 199
when, by which House, and what stages to be asked, 198

CO-EXISTING QUESTIONS, discussed, 180

COUNSEL, may be heard on private bills and law points, 156

COUNT OF THE HOUSE, may be called, 190
(See DIVISION OF THE HOUSE.)

COVERED, when members are not to be, 182

DEBATE, no one to speak impertinently, superfluously or tediously, 159
not cut off till both sides of the question are put, 186
forms and proprieties to be observed, 158
the Speaker not allowed to engage in, except on points of order, 159
proceedings of the House not to be censured, 159
personalities to be prohibited, 160
motives not to be arraigned, 160
violation of order in, to be suppressed by the Speaker, 160
disorderly words not noticed until the member has finished, 161

DEBATE, disorderly words, when taken down, 161
proceedings of the House not to be noticed in, 159
members concerned or implicated by the subject of, ought to
withdraw, 162

DECORUM, points. (See DEBATE.), 158

DEFAMATORY PUBLICATIONS, breach of privilege, 143

DISORDER in Committee of the Whole, Speaker to resume the
chair, if great, 154

DISORDER, members creating, proceedings, 160

DISORDERLY WORDS, how and when taken down, 161

DIVISION of the House, practice in ascertaining, 190
of questions discussed, 185

DOORS, rule respecting their being closed, 163
ought not to be shut, to be kept by persons appointed, 163

DUEL, challenge to, breach of privilege, 141

ELECTIONS, time, place, and manner of holding, 146
of members to be judged by each House, 147

ENGROSSED BILLS, not to be looked into, 158

ERRORS, cannot be corrected in Committee of the Whole, 153
various modes of correcting, 153
clerk may correct his own, 200

EQUIVALENT QUESTIONS, discussed, 187

FELONY, mode of proceeding on charge of, 145

GALLERY, clearing of, 163
Committee of the Whole cannot punish for disorder in, 172

HATS, when to be taken off, 162

HOUSE, division of, how ascertained, 192, 193
of Representatives. (See REPRESENTATIVES.)

IMPEACHMENT, sketch of the law respecting, 208

INQUIRY, or accusation, common fame a ground for, 155

INSIST, questions discussed, 187
effect of vote to, 188

JOURNAL, shall be kept by each House, 202
of each House to be published, 202
shall show every vote, 202
to contain a brief statement of every petition, paper,
etc., presented, 202
titles of bills and parts affected by amendments to be
inserted on, 202
what question to be entered on, 202
a record in law, 203
subject to examination, 203

JOURNAL, directions as to making up, 202
either House may notice and inspect journal of the other, 203
how it may be amended, 203

KING, not to be spoken of irreverently, etc., 162

LARGEST SUM, question first put, 179

LIE ON THE TABLE, call up any time matters that, 176

LONGEST TIME, question first put, 179

MAJORITY, decides on general questions, 193

MEMBERS and officers of one House not amenable to the other, 162
must vote when the question is put, 192
not to vote unless present when the question is put, 192

MEMORIAL. (See PETITION.)

MESSAGES, cannot be received in committee, 199, 200
nature of, 200
Executive to be made to both Houses at the same time, 201
to be received, 199
forms in receiving, 200
errors in delivery may be corrected, 200
bills not acted on the subject of, 200

MINORITY, protected by adherence to rules, 140

MISTAKES. (See ERRORS.)

MOTION, not to be put or debated until seconded, 164
to be put in writing if desired, 165
to be read for information, 163
to adjourn not in order when a member has the floor, 165
privilege, what shall be, 175
removed from before House by adjournment, etc., 176
(See QUESTIONS.)

NEWSPAPER PUBLICATIONS, breach of privilege, 143

OFFICERS, of either House, forms of nomination or election, 151
of one House not amenable to the other, 162

ONSLOW, MR., his opinion of importance of rules, 140

ORDER, violated by Speaker, by not putting question, 145
“instances make” order, 158
respecting papers. (See PAPERS), 158
in debate. (See DEBATE), 158
Questions of may be adjourned, 163
decisions of Speaker, on points of, may be controlled, 163
a member may insist on the execution of a subsisting, 163
Committee of the Whole cannot punish breach of, 172

ORDER, if points arise while question is putting, Speaker to
decide promptly, 193
of business, propriety of, 156
for the Senate, 156
of the day, how and when to be called up, 163
of the day, may be discharged at any time, 163
cannot be moved while member is speaking, 165
take precedence on all questions, 165
of the House, determined with the session, 164
question of, to supercede a question depending, 179
and resolution, distinction between, 165
special, rule upon the subject of, 176

OPPOSITION TO BILLS, proper time to make, 173, 190

PAPERS AND JOURNALS, not to be removed from the clerk’s table, 158
rules respecting their preservation, 158
reading of, how far they may be called for, 174
referred, usually read by title, 174
to be left with conferees of the House, according to conference 199

PARLIAMENT, each House may adjourn independently of the other, 203

PETITION AND REMONSTRANCE, distinction, 164
to be presented by a member, its form, etc., 164
to be subscribed or written by petitioner, 164
must go to committee through the House, 152
question as to receiving, 164

POSTPONE indefinitely, effect of a question to, 176
beyond session, effect of, 176

PREAMBLE, last considered, 169

PRESIDENT of the Senate, provided by the Constitution, 151
may appoint chairman, 151
_pro tem._, to be chosen in the absence of the Vice-President, 151
at what time his office shall determine, 151
of the United States, forms in presenting bills to, 201

PREVIOUS QUESTION, its intention and effect, 180
can an amendment be moved to P. Q., 179
cannot be put in committee, 179
effect of, 176, 177
discussed, 176, 177

PRIORITY AND PRECEDENCE, OF MOTIONS, discussions of, 175, 178

PRIVILEGE of Parliament has gradually increased, 141
of Members of Parliament, 141, 148
of Senators and Representatives, 142
of Senators, constructive extent, 142
of the two Houses, cases of the alleged breach of, 143
of Members, commence by virtue of election, 145
of Members, must be ascertained at the peril of the party
violating, 145
of Members, the privilege of the House, 145

PRIVILEGE, a Member cannot waive breach of, 145
is violated by Speaker not putting a question which is in order, 145
of one House in relation to the other, or in relation to a
co-ordinate branch of the Government, 146
breach of, party summoned or sent for, 141
breach of, by Members, punishable by House only, 146
breach of, by King or executive, 146
Member of one House cannot be summoned by the other, 156
neither House can exercise authority over members or officers
of the other, 162
of a Member, where he is charged or interested, etc., 162
questions of, take precedence of all, 175

PRIVILEGED QUESTIONS. (See QUESTIONS.)

QUALIFICATION of Senators, 147

QUARREL, in committee must be settled in House, 161
Members must declare they will not prosecute, 161
question of privilege arising from, has precedence, 175

QUESTIONS, general rule for putting, 175
the propriety of certain, considered, 175, 176
removed from before the House by adjournment, 186
may be debated between the count of affirmative and
negative 186, 188
manner of putting, 188
must not speak or move about while putting, 193
must decide peremptorily if any difficulty arise, 193
one House cannot question the other, 200

QUESTIONS, PRIVILEGED, what shall be, 175
in filling blanks, 179
in reference to committees, 179
in amending amendments, and agree or disagree, 196
motions to amend have precedence over motions to strike out, 184

QUESTIONS OF ORDER (incidental), how far it shall supercede any
other, 180

QUESTIONS, DIVISION OF, how made, 185
what are divisible, 186
when divided, each point open to debate and amendment, 186

QUESTIONS, CO-EXISTING, what suspends, and what removes from
the House an existing question, 186, 187

QUESTIONS, EQUIVALENT, what is considered, 187
determined by ayes and noes, 192
to be resumed in status quo, when suspended by the want of
a quorum, 165

QUESTION, PREVIOUS. (See PREVIOUS QUESTION.)

QUORUM, only shall do business, 149
what number shall be a, 149
how attendance of, may be compelled, 149

QUORUM, any member may desire a count for the purpose of
ascertaining, 149
not present suspend the question, 149

RANDALL AND WHITNEY, reference to case, breach of privilege, 143

READING OF PAPERS, right to require, 174
question on, first put, 180

READING A SPEECH, is not a right, 174

READING A REPORT of one House not of right in other House, 174

RECEDE, questions discussed, 196
effect of a vote to, 196

RECOMMITMENT, effect of, 170, 194

RECONSIDERATION of bills, orders, instructions, etc., 194
questions requiring two-thirds, by whom may be moved, 194

REMONSTRANCE AND PETITION, distinction, 164

REPORT of Committee, how to proceed in House, 170
of one House not to be read in the other, 174

REPRESENTATIVES, apportionment of, since 1787, 148
qualifications of, 147

REPRESENTATIVES, HOUSE OF, of whom composed, 147
shall choose their Speaker and other officers, 151
powers of in reference to rules and conduct of its members, 158

RESOLUTION AND ORDER, distinction, 165
to pay money, in order, 165
when to be presented for approval, 202

RIDERS, amend engrossed bills by, 189

RULES and orders of each House, to what cases they shall apply, 156

SECTIONS, numbered by the Clerk, 185

SENATE, of whom composed and how classed, 147
the Vice-President to be the President, 151
shall choose their officers, etc., 151
power of, in relation to rules and the conduct of members, 158
equal division, determined by vote of the Vice-President, 193
adjournment of (see ADJOURNMENT), 203
session of, what constitutes, 205

SESSION, what constitutes, 204, 205

SPEAKER, manner of choosing, 151
absence of, from sickness, another chosen, 151
violates order by not putting question, 145
Clerk puts question, before election of, 151
may be removed at will of House, 152
not to speak unless to order, 159
reads sitting, rises to put question, 173
cannot refuse an amendment, inconsistent, 182

SPEAKER to decide points of order that arise in putting
questions, promptly, may ask advice of old members, 193

SPECIAL ORDERS. (See ORDERS.)

SPEECH, cannot read of right, 174

STRIKE OUT, paragraph may be perfected before question to, 183

STRIKE OUT AND INSERT, discussed, 183, 184

SUM, largest first put, 179

TELLERS, to count sides of questions, 191
their errors rectified, 191

TIME, longest first put, 179

TITLE, on the back, 193
when to be made or amended, 193

TRANSPOSING of sections, rules respecting, 185

TREASON, mode of proceeding on charge of, 145

TREATIES, may be made by the President and Senate, 205
shall be kept secret until injunction removed, 205
are legislative acts, 205
extent of power to make, 206
may be rescinded by an act of the Legislature, 206
paper to be communicated with, 207
ratified by nominal call, 207
read for information the day received, 207
read for consideration on subsequent day, 207
proceedings upon, 207
reconsideration of votes upon, may be moved by one of the
side prevailing, 207

VOTE, every member must, 192
must not vote if not present, 192
change of, 193

WARM WORDS, or quarrel, adjustment of, 161

WHITNEY AND RANDALL, bribery case, reference to, 143

WITHDRAW, members cannot when question is putting, 192
motions, rule of Parliament, 179

WITNESSES, how summoned, examined, etc., 155

YEAS AND NAYS, may be required by one-fifth, 192
to be taken alphabetically, 192
all present shall vote unless excused, 192
when called and decision announced, no member allowed to vote, 192
how questions are determined by, 192
no member to vote unless present, 192

HISTORY OF COLORADO.

CHAPTER I.

On April 3d of the year 1803, Napoleon Bonaparte, First Consul of
France, for the sum of $16,000,000, ceded to the United States, then
under the presidency of Thomas Jefferson, all that vast territory
entitled the Province of Louisiana. The province extended from the
possessions of New Spain on the south, to the boundary line of the
British possessions on the north, and had the magnificent Mississippi
river on the one side, and the great Pacific Ocean on the other. At the
close of the Mexican war, in 1848, by the treaty of Guadalupe Hidalgo,
for the sum of $15,000,000, all New Mexico and Upper California--a
region extending from the Rocky Mountains to the Pacific, and containing
about 500,000 square miles--was ceded to the United States. This immense
domain, thus acquired by purchase from France and Mexico, has been
occupied by an intelligent and enterprising population, and divided into
states and territories, each an empire in its dimensions, and has been
cultivated, developed, and embellished by all the arts and inventions of
the most progressed civilization. One portion of this domain is
Colorado, destined by her position, resources and climate to enjoy an
immortal precedence among the States of our great Republic.

Before the year 1858 very little was known of Colorado. It is recorded,
with some apparent truth, that a large force of Spaniards and Indian
allies, led by Coronado, a Spanish military captain, having for their
object the discovery of gold, had, about the middle of the sixteenth
century, penetrated to this section of the Rocky Mountains. The
expedition, after incredible hardships, returned without the golden
treasures, for which they had ventured so far and suffered so much.

Soon after the transfer of the Louisiana province, and the establishment
of the United States authority therein, it was determined at Washington
to ascertain the nature of the country, the sources of its large rivers
and the general character of the climate. Accordingly, in the summer of
1806, a small expedition was equipped, and dispatched under the command
of Lieutenant Zebulon M. Pike, who, for his skillful services, was, on
his return, promoted to the rank of major. On the 15th of November,
Major Pike and his small company beheld the prominent and stately
mountain which, in honor of the commander, was named Pike’s Peak. Major
Pike, in his diary, thus refers to this peak: “This mountain was so
remarkable as to be known to all the savage nations for hundreds of
miles around, and to be spoken of with admiration by the Spaniards of
New Mexico, and was the bounds of their travels north-west.” Directing
his march with the course of the mountains, Major Pike continued his
explorations. Failing to discover the object of his search--the source
of the Red River--he retraced his steps, and proceeded in a
south-westerly direction. Determined to find the head-waters of that
important stream, and unconquered by the fearful severities of winter in
the midst of the mountains, the little party of explorers pursued their
way. Their discoveries were, however, brought to a close by an untoward
event--the capture of the whole party by the Spaniards, who held a
military post in the San Juan country. This arrest would hardly have
occurred had the boundaries between New Spain and Louisiana been
definitely known.

In the year 1819 another and larger expedition was prepared, and ordered
to explore this section of the Rocky Mountains. The party engaged in
this enterprise had advanced a considerable distance into the Indian
country without molestation, when its further progress was checked by
the loss of their horses, which had been stolen by the Pawnee Indians.
This mischance detained the expedition for a whole year. In June, 1820,
Col. S. H. Long, the commander, all losses having been repaired, resumed
his march. Early in the summer they reached the South Platte, and
followed its course until the mountains came in sight. The massive giant
peak, which stood out boldly and grandly before them, was, in honor of
Col. Long, called Long’s Peak. Col. Long made a careful examination of
the mountains from Long’s Peak to Pike’s Peak, and of the plains lying
along their base.

A very full exploration of the Rocky Mountains was made, in 1832, by
Captain Bonneville, who commanded a party fitted out by the American Fur
Company.

The most effective expedition hitherto equipped by the Government, for
purposes of exploration, was commanded by Col. Fremont, and set out in
1842. Upon his arrival at the South Platte, he sent the larger portion
of his force to Fort Laramie, a post of the American Fur Company. With
the rest of his command he advanced to Fort St. Vrain, an Indian trading
post, situated seventeen miles east from Long’s Peak, and one hundred
miles north from Pike’s Peak. From this point he journeyed northward,
exploring the country beyond the limits of Colorado.

Another band of explorers, conducted by Col. Fremont, camped at Fort St.
Vrain in July, 1843. This party made accurate surveys of the regions
known as north and south of the Divide--an elevated ridge, separating
the Arkansas and Platte valleys; crossed and re-crossed the range,
ascertained many valuable facts, and mapped out the main geographical
features of Colorado. But, so far, none of these explorers, nor any of
the white inhabitants, mostly occupied in trading, trapping and hunting,
had made any discovery of the vast mineral wealth now known to exist in
this portion of the Sierra Madre mountains.

As the limits of Kansas formerly embraced a large part of what now
constitutes Colorado, a brief summary of the early history of Kansas is
essential. The territory of Kansas was organized on the thirtieth day of
May, 1854. Then began her pupilage under the guardianship of Congress.
In theory, the relation of a territory to the national government is
that of a child to its parent. It is supposed to be under discipline and
training, by which it will, in due time, be fitted to discharge the high
and important duties incident to statehood. Kansas, it seems, was an
unruly ward, and caused much trouble and anxiety to her guardian. In the
Organic Act of the territory it was prescribed that the Constitution and
all the laws of the United States should be in full force and effect,
except the Missouri Compromise Act of 1820, which was declared to be
inoperative and void in that territory. The Missouri Compromise, thus
partially rescinded, opened the way for a pro-slavery and an
anti-slavery agitation. Anti-slavery colonies from New England, and
pro-slavery colonies from the Southern States, came to settle in the new
territory of Kansas. Confusion, riot, and bloodshed soon followed. This
unhappy state of affairs continued until the adoption of a State
constitution prohibiting slavery. This important event occurred December
6th, 1859. From that time peace and order reigned. On January 29th,
1861, an Act for the admission of Kansas into the Union as a state,
passed both Houses of Congress. On February 26th, 1861, Congress divided
the new state, and organized the western portion into a territory
bearing the name of Colorado.

We have seen that Kansas became a territory in 1854. From that year
until 1858 no one authorized to represent the territory of Kansas
appeared within the present limits of Colorado. The inhabitants before
this time, beside the employees of the American Fur Company and a few
independent trappers, hunters, and Indian traders, consisted of a
scattered population of Pueblos and Mexicans, mostly engaged in stock
raising in the vicinity of the Raton Mountains, and the roving tribes of
savages. The Indian traders, among whom were Lieutenant Lupton and Vigil
St. Vrain in the north, and Colonels Boone and Bent in the south, had
erected small forts to shield them from the savages. The junction of the
Fontaine qui Bouille with the Arkansas was a favorite winter rendezvous
for the trappers and hunters, among whom was the famous Kit Carson. In
1854, the Ute Indians massacred, in one night, all who had assembled at
this resort. Hitherto the protection of Kansas power and law had never
been invoked, nor had the needs of the scanty and motley population
occupied the attention of the Kansas government. In 1852 a party of
Cherokee Indians, on their way from Georgia to California, discovered
gold on the banks of a small stream tributary to the South Platte. On
their return journey they showed the gold and reported the place of
discovery. Exciting rumors of gold found in large quantities in the
Rocky Mountains, inflamed thousands with the desire to reach and possess
the open treasures. The first train of prospectors, led by W. Green
Russell, Esq., started from Georgia. As they passed through Missouri and
Kansas, the gold fever influenced many to leave home and competency for
the distant plains and mountains teeming with riches. The Georgians took
up their position where Denver now stands, and thoroughly prospected
Cherry Creek from its mouth to its source, but as their labors were
poorly rewarded, they gave the Platte, of which Cherry Creek is a
tributary, a fair trial for six or seven miles south. Much disappointed,
they set out for the North Platte and Green River regions, but faring
worse, returned to their first location, and were made happy by larger
returns for their labor. The first Kansas party built their camp fires
near the present site of Pueblo. As the news of gold discoveries sped
across the continent, a strong tide of emigration set in to the Pike’s
Peak country. Strings of wagons and troops of men, in constant
succession, kept crossing the great plains, anxious as they toiled on,
to catch a glimpse of the blue outlines of the mountains, where fortune
stood waiting to enrich the hardy adventurers. From all parts, and
embracing all characters, poured in the earnest crowd, all animated by a
common hope of attaining sudden wealth.

J. W. Denver, after whom Denver, the present capital of Colorado, was
called, was then governor of Kansas territory. But neither he, nor his
successor Medary, nor even Robinson, elected State governor December
6th, 1859, could give scarcely any attention to occurrences in the
distant Pike’s Peak gold regions. Their thoughts and time were almost
entirely engrossed by political events at home.

On the banks of the Platte, near the present Younker ranch, some of the
Kansas company, who had camped on the Arkansas, with others, began to
erect a number of log cabins. These were soon completed, and the name of
Montana City was applied to the settlement. In these cabins a large
party of prospectors spent the winter. On the 24th of September, a party
of nine selected the east side of Cherry Creek, near its mouth, for a
town site, and agreed to lay out 640 acres for that purpose. The
peculiar and pious name of St. Charles was given to it, but no steps
were taken to survey and plot the town or put up buildings, unless a few
logs crossed together, with an old wagon cover for a roof, might be
designated a house. Another company chose the west side of Cherry Creek
for a town site, and in the latter part of October proceeded to
construct some log cabins. These, and a number of others used as stores,
were built, and the town called Auraria, from a small mining town in
Georgia. The prospects of this new enterprise soon became encouraging,
while Montana City in time lost its inhabitants, and its tenements went
to ruin. A town company, composed mainly of Kansas citizens, on November
17th, 1858, took possession of the deserted St. Charles town site. Steps
for the erection of cabins were immediately taken in order to secure the
right of pre-emption. By New Year’s Day Denver had twenty and Auraria
forty cabins. Up to this time the settlements contained only three white
women. In the fall of 1859, a warm rivalry existed between Auraria and
Denver. This was manifested in every issue, and continued until the
consolidation of Denver and Auraria in 1860. The first inhabitants of
Boulder came to that section October 17, 1858. In the summer of 1859
settlements were made in South Park. In the autumn months of 1859
Mountain City, Boulder, Russellville, Colorado City, Golden and Arapahoe
became large settlements.

As the population increased, protection of life and property was felt as
the special need. Animated, therefore, by a common desire to establish
security, prevent and punish crime, the new settlers called a public
meeting. The meeting was held November 6, 1858, in the settlement of
Auraria, containing at that time about 200 inhabitants. The assembly,
though composed of immigrants from different states, acted as citizens
of Kansas territory. Out of the Pike’s Peak country, as that part of the
Rocky Mountains, and the plains around their base, were called, they
formed a county, defined its limits, and named it Arapahoe, from a
neighboring tribe of Indians. They also declared Auraria to be the
county seat. They then proceeded to elect a delegate to Congress and a
representative to the Kansas Legislature. H. J. Graham was chosen
delegate, and A. J. Smith representative. This action of the assembly
manifested a rare spirit of enterprise in politics. They declare a
district of Kansas to be a county, and depute one of their number to the
legislature with credentials of his election, and petitions that the
county be established, and their representative be received. At the same
time a delegate is dispatched to Congress with instructions to have the
county converted into a territory. The delegate of _Kansas_ Territory
would be duly recognized and admitted to a seat in Congress. But to the
delegate of Arapahoe county no such recognition or position would be
tendered. His labors would be confined to the advocacy of the petitions
and claims of the people he represented before committees, or with
individual members of the House or Senate. Nevertheless, Mr. Graham
hurried to Washington, impelled by the delusive hope that his mission
would be successful, and that he would enjoy the honors and emoluments
of territorial delegate. The people of Arapahoe county were 700 miles
distant from Leavenworth, the capital of Kansas, without railroads or
telegraphs, and with immense uninhabited plains lying between them and
the territorial authorities. They, therefore, naturally desired to have
the territory of Kansas divided, and the western part organized into a
new territory. This arrangement, if consummated, would place the country
on a stable footing. Peace and order would be maintained, the general
prosperity promoted, while Congress and the nation would be directly
acquainted with the growth, prospects and necessities of the country.
Mr. Graham exerted himself to prevail on Congress to respect the
petition of his constituents, but his efforts proved unsuccessful. Their
representative, A. J. Smith, succeeded in his mission, had Arapahoe
county confirmed, but was not admitted as a member of the Kansas
legislature.

During the winter of 1858 the population was only slightly increased.
The settlements were governed by local laws, devised and adopted by the
people, and these laws were executed by a Probate judge and other
officers, of the people’s appointment. The first election of Arapahoe
county officers, under Kansas laws, was held March 28, 1859. Over 700
votes were polled, of which 231 were credited to Auraria and 144 to
Denver. The spring months brought a great increase to the mining
population. From authentic sources it has been computed that, during the
summer, the Pike’s Peak gold regions contained 20,000 souls. An
established and accessible government became indispensable. The subject
pressed itself more and more urgently on the public mind. Their first
attempt, in 1858, to impress Congress favorably with the necessities of
their situation, had proved abortive. But a profound sense of their
needs moved them to renew their efforts to prevail on Congress to
consummate a partition of the territory of Kansas, and to establish a
separate government in this distant but populous region. A mass meeting
was called, to convene in Auraria, April 11th, 1859. In the resolutions
adopted, it was expressed as the unanimous sentiment of the meeting,
that a separate and distinct government was not only important but
necessary. By these resolutions, also, the several precincts of Arapahoe
county were requested to choose delegates, to meet in joint convention
on the fourth day after the meeting, April 15th, to consider the
question of organizing a new state or territory. On the day appointed
the delegates met. In order to save time and determine quickly, they
pursued an eminently judicious course. They resolved on one subject of
debate, and only one: “The formation of a new and independent state of
the Union.” It must be remembered that Kansas, at this time, was only a
territory, though pressing her claims for recognition and admission as a
State. Thus early, and prematurely, as facts subsequently proved, did
the people, who crowded into this new country, seek for the honors and
privileges of statehood. While these delegates were in session, or
shortly after, the _Rocky Mountain News_, the pioneer journal of
Colorado, issued its first edition, April 23d, 1859. This Auraria
convention, as a summing up of their labors, ordered a general election
of delegates on the second Monday in May, to meet on the first Monday in
June. At the time designated fifty delegates assembled. As in the April
convention, only one subject, it seems, engaged their deliberations--the
attainment of statehood. The work of drafting a constitution was
entrusted to eight committees, in order to economize time and secure a
complete instrument. The committees were requested to report, and submit
their labors to a fuller convention, which was enjoined to meet on the
first Monday in August. In the interval the several committees prepared
their work. When the convention, which consisted of one hundred and
sixty-seven delegates, met, the committees presented their reports. A
constitution was completed, and arrangements made for its acceptance or
rejection by the votes of the people. Though some members of the
convention were sanguine of success, the majority thought that the
result would be adverse, and sought to provide against such a
contingency. The day set for voting on the constitution and movement for
a state, was the first Monday in September. The convention therefore
resolved that should the constitution be rejected, a delegate to
Congress should be elected on the first Monday in October. The delegate
would represent Jefferson Territory--the name given by the convention to
Arapahoe county, or Pike’s Peak gold regions. On September 4th the votes
far or against the constitution were cast, and resulted in 2,007
against, and 649 for, that instrument. A short time (about ten days)
before the October election, it was proposed, at a mass meeting held in
Auraria, that on the day a delegate to Congress was elected, delegates
should be chosen to form a Provisional Territorial Government. The
proposition was adopted. Accordingly, on the first Monday in October
this double election took place.

The governor of Kansas, in 1859, had issued a proclamation that Arapahoe
county be established, and that a representative be elected. The
Arapahoe county election for Kansas officials was therefore also held.
Captain Richard Sopris was elected representative, and was the first
member from Arapahoe county admitted to a seat in the Kansas
legislature. An event, worthy of relation, is the arrival of the
Leavenworth and Pike’s Peak express, May 17th, 1859. This assured direct
communication with the capital of Kansas, and thence with all the
States. It was a day of congratulations, and one to be remembered.
Another noticeable matter of record is the visit of Horace Greeley,
editor of the _N. Y. Tribune_, who witnessed, with extraordinary
interest the operations of gold mining. A letter, to which he attached
his own signature, was published June 6th, 1859. This letter set forth
in strong language the large returns of the mines and placer diggings.
As a consequence, another immigration that fall largely increased the
population.

At the October election above mentioned, B. D. Williams was chosen
delegate to Congress. He was the exponent of the August convention, and
entrusted with the mission to memorialize Congress to separate the
Pike’s Peak region from Kansas, and organize it into a territory under
the name of Jefferson. The other delegates chosen were instructed to
form a Provisional Government. Eighty-six delegates met in convention.
They entered upon their duties with great earnestness. A new
constitution, called the “Organic Act of the Territory of Jefferson,”
was framed and adopted. Other important measures received their
approval. The territory was divided into legislative districts. A full
state ticket was nominated, and an election ordered for the fourth
Monday of October, the same month in which they had been elected, had
convened, had acted. The election took place; 2,000 votes were cast in
twenty-seven precincts. The Provisional Government was adopted, a full
corps of legislators chosen, and, indeed, all but one of the entire
ticket elected. The purpose of the parties who had determined on a
Provisional Government ran swift to its fulfillment. The legislature
thus suddenly and questionably brought into existence, met and began
their session. The message of the governor, R. W. Steele, was received
with the usual formalities, and the session was passed in diligent
legislative labors. Many general and special laws were enacted; nine
counties were organized; a poll-tax of one dollar was imposed, and a
committee appointed to report full civil and criminal codes to an
adjourned session, January 23d, 1860. In each of the nine newly
organized counties the governor appointed a Probate Judge, to hold
office until the regular county election on the first Monday in January,
1860. The legislature met pursuant to adjournment, and for the remainder
of the session devoted their attention to the report of the committee.
Full civil and criminal codes were finally adopted. An _imperium in
imperio_ was now fairly established. Right in the midst of the Kansas
Government stood the Provisional Government. The first resistance to the
authority of the latter, and protest against its legality, arose from
the Arapahoe county officials, who were elected according to Kansas
territorial law, and were, therefore, beyond a doubt, legal. Besides
this, a remonstrance against the per capita tax, signed by seven hundred
miners, was sent down from the mountains. In the valley, therefore, the
Kansas and the Provisional governments held divided sway; and in the
mountains the Miners’ Courts and the Provisional Government contended
for the mastery. Golden was the only settlement that wholly submitted to
the Provisional Government. In truth, the authority of the Kansas
officials was never fairly recognized, and they soon ceased to have even
a nominal existence.

From 1858 to some time in 1861, two kinds of courts existed in the
Pike’s Peak region, whose decisions were final. These were called the
People’s Courts and the Miners’ Courts. The People’s Courts were
improvised assemblies of the people, who convened to adjudicate criminal
cases, such as murders, homicides, and other felonies. They were usually
presided over by a probate judge or justice of the peace. The extreme
penalties were hanging, lashes on the bare back, and banishment. The
Miners’ Courts were differently organized. Pursuant to a general call,
all occupying a mining district met together. They fixed the limits of
their district, adopted a miners’ code, defined the duties of officers,
and elected them for the ensuing year. A president, judge, sheriff,
collector, surveyor, and recorder, who was _ex officio_ treasurer and
secretary of the district, composed the officers of the court, who were
all responsible to the superior tribunal, the Miners’ Meeting. These
courts settled all claims and offences in mining districts. When a case
was not settled in the courts, it was carried to the Miners’ Meeting.
There was no appeal from their decision. The courts organized under the
Provisional Government were respected by the people, and their decisions
accepted with general satisfaction. In Denver and some other places the
People’s Courts alone were recognized.

The year 1860 witnessed great activity in mining throughout the
mountains. April 3d, 1860, Denver and Auraria, by mutual agreement of
the citizens, were consolidated. During this year the celebrated
Consolidated Ditch, constructed for mining uses, was completed. In the
fall of 1860 Edward M. McCook was elected representative to the Kansas
legislature. It is certain that no bills were passed for the benefit of
his constituents, who formed a very small minority of the people, and it
is a matter of doubt whether he received more than his mileage. On New
Year’s Day, 1860, Denver had two hundred and Auraria four hundred
houses, with a combined settled population of one thousand. At the close
of 1860 it was estimated that sixty thousand people, chiefly transient,
were in the Pike’s Peak country, and the population in and around
Denver, four thousand.

The Pony Express, which started simultaneously from St. Joseph,
Missouri, and Sacramento, California, April 9th, 1860, and which was
conceived and made a success by the bold enterprise of W. H. Russell,
Esq., was an event of unusual consequence to the whole nation. Telegrams
from New York, by this conveyance, were delivered in San Francisco in
eight days and four hours, and letters from San Francisco reached St.
Joseph, Missouri, in eight days and nine hours. The great Pacific Mail
Steamship Company had, for about ten years, held the contract for the
transportation of the U. S. mails. This service realized a million
dollars annually. By this line the transit of the mails took
twenty-three days. But this achievement of the pony express, reducing
the time to eight days and nine hours, induced the government to change
the route for the Pacific mails. The contract was given to Butterfield,
who sub-contracted to W. H. Russell, through whom the Pike’s Peak gold
regions soon had ample mail facilities. On May 1st, 1860, began the
publication of the _Rocky Mountain Herald_, daily edition, whose racy
columns drew an encouraging patronage. In August, 1860, the first mail
service was extended to the mountains. During this year, considering the
number of lawless and reckless men congregated in this new country,
comparatively few crimes were committed. The criminals guilty of murder
were tried by a People’s Court, sentenced, and hanged. During the summer
months Denver was overrun by a crew of desperadoes and robbers, who, if
resisted, did not hesitate to use any violence. They assailed the office
of the Denver _News_, and forcibly, with intent to kill, abducted the
editor for his unsparing condemnation of their outrages. But the career
of one of them was ingloriously terminated, being shot down by the
citizens, and the fate of others speedily determined by the People’s
Courts. The rest hurried away to other parts, where justice did not
follow the offender so surely and so swiftly. In the mountains crimes,
at first frequent, soon almost disappeared, owing to the vigilance and
prompt action of the Miners’ Courts. At Washington the Congressional
delegate indefatigably pressed the petitions of the people, and urged
the necessity of immediately organising a territory. Thus 1860 passed.

The next year, so full of great events, brought the desired relief. On
the 26th of February, 1861, a bill passed Congress designating the
boundaries of the new territory of Colorado, which embraced portions of
Kansas, Nebraska, and Utah, and providing for its political organization
and administration. The news of this important event was received with
great demonstrations of joy.

CHAPTER II.

ORGANIC ACT.

AN ACT TO PROVIDE A TEMPORARY GOVERNMENT FOR THE TERRITORY OF COLORADO.

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That all that part of the
territory of the United States included within the following limits,
viz: commencing on the thirty-seventh parallel of north latitude, where
the twenty-fifth meridian of longitude west from Washington crosses the
same; thence north on said meridian to the forty-first parallel of north
latitude; thence along said parallel west to the thirty-second meridian
of longitude west from Washington; thence south on said meridian to the
northern line of New Mexico; thence along the thirty-seventh parallel of
north latitude to the place of beginning; be and the same is hereby
erected into a temporary government by the name of the Territory of
Colorado: _Provided_, That nothing in this act contained shall be
construed to impair the rights of person or property now pertaining to
the Indians in said Territory, so long as such rights shall remain
unextinguished by treaty between the United States and such Indians, or
to include any territory which, by treaty with any Indian tribe, is not,
without the consent of said tribe, to be included within the territorial
limits or jurisdiction of any State or Territory; but all such territory
shall be excepted out of the boundaries, and constitute no part of the
territory of Colorado, until said tribe shall signify their assent to
the President of the United States to be included within the said
Territory, or to affect the authority of the government of the United
States to make any regulations respecting such Indians, their lands,
property, or other rights, by treaty, law, or otherwise, which it would
have been competent for the government to make, if this act had never
passed: _Provided further_, That nothing in this act contained shall be
construed to inhibit the government of the United States from dividing
said Territory into two or more territories, in such manner and at such
times as Congress shall deem convenient and proper, or from attaching
any portion thereof to any other Territory or State.

SEC. 2. _And be it further enacted_, That the executive power and
authority in and over said Territory of Colorado shall be vested in a
Governor, who shall hold his office four years, and until his successor
shall be appointed and qualified, unless sooner removed by the President
of the United States. The Governor shall reside within said Territory,
shall be Commander-in-Chief of the militia thereof, shall perform the
duties and receive the emoluments of Superintendent of Indian Affairs,
and shall approve all laws passed by the Legislative Assembly before
they shall take effect; he may grant pardons for offenses against the
laws of said Territory, and reprieves for offenses against the laws of
the United States, until the decision of the President can be made known
thereon; he shall commission all officers who shall be appointed to
office under the laws of said Territory, and shall take care that the
laws be faithfully executed.

SEC. 3. _And be it further enacted_, That there shall be a Secretary of
said Territory, who shall reside therein, and hold his office for four
years, unless sooner removed by the President of the United States; he
shall record and preserve all the laws and proceedings of the
Legislative Assembly hereinafter constituted, and all the acts and
proceedings of the Governor, in his executive department; he shall
transmit one copy of the laws and one copy of the executive proceedings
on or before the first day of December in each year, to the President of
the United States, and, at the same time, two copies of the laws to the
Speaker of the House of Representatives and the President of the Senate
for the use of Congress. And in case of the death, removal, or
resignation, or other necessary absence of the Governor from the
Territory, the Secretary shall have, and is hereby authorized and
required to execute and perform, all the powers and duties of the
Governor during such vacancy or necessary absence, or until another
Governor shall be duly appointed to fill such vacancy.

SEC. 4. _And be it further enacted_, That the legislative power and
authority of said Territory shall be vested in the Governor and a
Legislative Assembly. The Legislative Assembly shall consist of a
Council and House of Representatives. The Council shall consist of nine
members, which may be increased to thirteen, having the qualifications
of voters as hereinafter prescribed, whose term of service shall
continue two years. The House of Representatives shall consist of
thirteen members, which may be increased to twenty-six, possessing the
same qualifications as prescribed for members of the Council, and whose
term of service shall continue one year. An apportionment shall be
made, as nearly equally as practicable, among the several counties or
districts for the election of the Council and House of Representatives,
giving to each section of the Territory representation in the ratio of
its population (Indians excepted) as nearly as may be; and the members
of the Council and House of Representatives shall reside in, and be
inhabitants of, the district for which they may be elected respectively.
Previous to the first election, the Governor shall cause a census or
enumeration of the inhabitants of the several counties and districts of
the Territory to be taken; and the first election shall be held at such
time and places, and be conducted in such a manner as the Governor may
direct; and he shall, at the same time, declare the number of the
members of the Council and House of Representatives to which each of the
counties or districts shall be entitled under this act. The number of
persons authorized to be elected, having the highest number of votes in
each of said Council districts for members of the Council shall be
declared by the Governor to be duly elected to the Council; and the
person or persons authorized to be elected having the greatest number of
votes for the House of Representatives, equal to the number to which
each county or district shall be entitled, shall be declared by the
Governor to be elected members of the House of Representatives:
_Provided_, That in case of a tie between two or more persons voted for,
the Governor shall order a new election, to supply the vacancy made by
such tie. And the persons thus elected to the Legislative Assembly shall
meet at such place and on such day as the Governor shall appoint; but
thereafter the time, place, and manner of holding and conducting all
elections by the people, and the apportioning and representation in the
several counties or districts to the Council and House of
Representatives, according to the population, shall be prescribed by
law, as well as the day of the commencement of the regular session of
the Legislative Assembly; _Provided_, That no session shall exceed the
term of forty days, except the first, which may be extended to sixty
days, but no longer.

SEC. 5. _And be it further enacted_, That every free white male citizen
of the United States, above the age of twenty-one years, who shall have
been a resident of said Territory at the time of the passage of this
act, including those recognized as citizens by the treaty with the
Republic of Mexico, concluded February two, eighteen hundred and
forty-eight, and the treaty negotiated with the same country on the
thirtieth of December, eighteen hundred and fifty-three, shall be
entitled to vote at the first election, and shall be eligible to any
office within the said Territory; but the qualifications of voters and
of holding office at all subsequent elections shall be such as shall be
prescribed by the Legislative Assembly.

SEC. 6. _And be it further enacted_, That the legislative power of the
Territory shall extend to all rightful subjects of legislation
consistent with the Constitution of the United States and the provisions
of this act; but no laws shall be passed interfering with the primary
disposal of the soil; no tax shall be imposed upon the property of the
United States; nor shall the lands or other property of non-residents be
taxed higher than the lands or other property of residents; nor shall
any law be passed impairing the rights of private property; nor shall
any discrimination be made in taxing different kinds of property; but
all property subject to taxation shall be in proportion to the value of
the property taxed.

SEC. 7. _And be it further enacted_, That all township, district, and
county officers, not herein otherwise provided for, shall be appointed
or elected, as the case may be, in such manner as shall be provided by
the Governor and Legislative Assembly of the Territory. The Governor
shall nominate, and by and with the advice and consent of the
Legislative Assembly, appoint all officers not herein otherwise provided
for; and in the first instance the Governor alone may appoint said
officers, who shall hold their offices until the end of the first
session of the Legislative Assembly, and shall lay off the necessary
districts for members of the Council and House of Representatives, and
all other officers.

SEC. 8. _And be it further enacted_, That no member of the Legislative
Assembly shall hold or be appointed to any office which shall have been
created, or the salary or emoluments of which shall have been increased
while he was a member, during the term for which he was elected, and for
one year after the expiration of such term; and no person holding a
commission or appointment under the United States, except postmasters,
shall be a member of the Legislative Assembly, or shall hold any office
under the government of said Territory.

SEC. 9. _And be it further enacted_, That the judicial power of said
Territory shall be vested in a Supreme Court, District Courts, Probate
Courts, and Justices of the Peace. The Supreme Court shall consist of a
Chief Justice and two Associate Justices, any two of whom shall
constitute a quorum, and who shall hold a term at the seat of government
of said Territory annually; and they shall hold their offices during the
period of four years; the said Territory shall be divided into three
judicial districts, and a District Court shall be held in each of said
districts by one of the Justices of the Supreme Court at such time and
place as may be prescribed by law; and the Judges shall, after their
appointments, respectively, reside in the districts which shall be
assigned them. The jurisdiction of the several courts herein provided
for, both appellate and original, and that of the Probate Courts and of
the Justices of the Peace, shall be as limited by law: _Provided_, That
Justices of the Peace and Probate Courts shall not have jurisdiction of
any matter in controversy where the title or boundaries of land may be
in dispute, or where the debt or sum claimed shall exceed one hundred
dollars; and the said Supreme and District Courts, respectively, shall
possess chancery as well as common law jurisdiction; and authority for
redress of all wrongs committed against the constitution or laws of the
United States or of the Territory, affecting persons or property. Each
District Court or the Judge thereof shall appoint its Clerk, who shall
also be the register in chancery, and shall keep his office at the place
where the court may be held. Writs of error, bills of exception, and
appeals, shall be allowed in all cases from the final decisions of said
District Courts to the Supreme Court, under such regulations as may be
prescribed by law; but in no case removed to the Supreme Court shall
trial by jury be allowed in said Court. The Supreme Court, or the
Justices thereof, shall appoint its own Clerk, and every clerk shall
hold his office at the pleasure of the court for which he shall have
been appointed. Writs of error and appeals from the final decisions of
said Supreme Court shall be allowed, and may be taken to the Supreme
Court of the United States, in the same manner and under the same
regulations as from the Circuit Courts of the United States, where the
value of the property or the amount in controversy, to be ascertained by
the oath or affirmation of either party, or other competent witness,
shall exceed one thousand dollars; and each of the said District Courts
shall have and exercise the same jurisdiction, in all cases arising
under the constitution and laws of the United States, as is vested in
the Circuit and District Courts of the United States; and the said
Supreme and District Courts of the said Territory, and the respective
Judges thereof, shall and may grant writs of habeas corpus in all cases
in which the same are grantable by the Judges of the United States in
the District of Columbia; and the first six days of every term of said
courts, or so much thereof as shall be necessary, shall be appropriated
to the trial of causes arising under the said constitution and laws, and
writs of error and appeals in all such cases shall be made to the
Supreme Court of said Territory the same as in other cases. The said
Clerk shall receive in all such cases the same fees which the Clerks of
the District Courts of Oregon received for similar services.

SEC. 10. _And be it further enacted_, That there shall be appointed an
Attorney for said Territory, who shall continue in office for four
years, unless sooner removed by the President, and who shall receive the
same fees and salary as the Attorney of the United States for the
Territory of Oregon. There shall also be a Marshal for the Territory
appointed, who shall hold his office for four years, unless sooner
removed by the President, and who shall execute all processes issuing
from said courts when exercising their jurisdiction as Circuit and
District Courts of the United States; he shall perform the duties, be
subject to the same regulations and penalties, and be entitled to the
same fees as the Marshal of the District Court of the United States for
the Territory of Oregon, and shall, in addition, be paid two hundred
dollars annually as a compensation for extra services.

SEC. 11. _And be it further enacted_, That the Governor, Secretary,
Chief Justice, and Associate Justices, Attorney, and Marshal shall be
nominated, and by and with the advice and consent of the Senate,
appointed by the President of the United States. The Governor and
Secretary to be appointed as aforesaid shall, before they act as such,
respectively take an oath or affirmation before the District Judge, or
some Justice of the Peace in the limits of said Territory duly
authorized to administer oaths and affirmations by the laws now in force
therein, or before the Chief Justice, or some Associate Justice of the
Supreme Court of the United States, to support the constitution of the
United States, and faithfully to discharge the duties of their
respective offices, which said oaths, when so taken, shall be certified
by the person by whom the same shall have been taken; and such
certificate shall be received and recorded by the Secretary among the
executive proceedings; and the Chief Justice and Associate Justices, and
all other civil officers in said Territory, before they act as such,
shall take a like oath or affirmation, before the said Governor or
Secretary, or some Judge or Justice of the Peace of the Territory who
may be duly commissioned and qualified, which said oath or affirmation
shall be certified and transmitted by the person taking the same to the
Secretary, to be by him recorded as aforesaid; and afterwards the like
oath or affirmation shall be taken, certified and recorded in such
manner and form as may be prescribed by law. The Governor shall receive
an annual salary of fifteen hundred dollars as Governor, and one
thousand dollars as Superintendent of Indian Affairs; the Chief Justice
and Associate Justices shall receive an annual salary of eighteen
hundred dollars. The said salaries shall be paid quarter yearly at the
Treasury of the United States. The members of the Legislative Assembly
shall be entitled to receive three dollars each per day during their
attendance at the session thereof, and three dollars for every twenty
miles travel in going to and returning from the said sessions, estimated
according to the nearest usually traveled route. There shall be
appropriated annually the sum of one thousand dollars, to be expended by
the Governor, to defray the contingent expenses of the Territory. There
shall also be appropriated, annually, a sufficient sum to be expended by
the Secretary of the Territory, and upon an estimate to be made by the
Secretary of the Treasury of the United States, to defray the expenses
of the Legislative Assembly, the printing of the laws, and other
incidental expenses; and the Secretary of the Territory shall annually
account to the Secretary of the Treasury of the United States for the
manner in which the aforesaid sum shall have been expended.

SEC. 12. _And be it further enacted_, That the Legislative Assembly of
the Territory of Colorado shall hold its first session at such time and
place in said Territory as the Governor thereof shall appoint and
direct; and at said first session, or as soon thereafter as they shall
deem expedient, the Governor and Legislative Assembly shall proceed to
locate and establish the seat of government for said Territory at such
place as they may deem eligible, which place, however, shall thereafter
be subject to be changed by the said Governor and Legislative Assembly.

SEC. 13. _And be it further enacted_, That a delegate to the House of
Representatives of the United States, to serve during each Congress of
the United States, may be elected by the voters qualified to elect
members of the Legislative Assembly, who shall be entitled to the same
rights and privileges as are exercised and enjoyed by the Delegates from
the several other Territories of the United States to the said House of
Representatives. The first election shall be held at such time and
places, and be conducted in such manner as the Governor shall appoint
and direct; and at all subsequent elections the times, places, and
manner of holding elections shall be prescribed by law. The person
having the greatest number of votes shall be declared by the Governor to
be duly elected, and a certificate thereof shall be given accordingly.

SEC. 14. _And be it further enacted_, That when the land in the said
Territory shall be surveyed, under the direction of the Government of
the United States, preparatory to bringing the same into market,
sections numbered sixteen and thirty-six in each town in said Territory
and be and the same are hereby reserved for the purpose of being
applied to schools in the States hereafter to be erected out of the
same.

SEC. 15. _And be it further enacted_, That temporarily, and until
otherwise provided by law, the Governor of said Territory may define the
judicial districts of said Territory, and assign the Judges who may be
appointed for said Territory, to the several districts, and also appoint
the times and places for holding courts in the several counties or
subdivisions in each of said judicial districts by proclamation to be
issued by him; but the Legislative Assembly, at their first or any
subsequent session, may organize, alter or modify such judicial
districts, and assign the Judges, and alter the times and places of
holding the courts, as to them shall seem proper and convenient.

SEC. 16. _And be it further enacted_, That the Constitution and all laws
of the United States, which are not locally inapplicable, shall have the
same force and effect within the said Territory of Colorado as elsewhere
within the United States.

SEC. 17. _And be it further enacted_, That the President of the United
States, by and with the advice and consent of the Senate, shall be and
is hereby authorized to appoint a Surveyor General for Colorado, who
shall locate his office at such place as the Secretary of the Interior
shall from time to time direct, and whose duties, powers, obligations,
responsibilities, compensation, and allowances for clerk hire, office
rent, fuel, and incidental expenses, shall be the same as those of the
Surveyor General of New Mexico, under the direction of the Secretary of
the Interior, and such instructions as he may from time to time deem it
advisable to give him.

Approved February 28th, 1861.

AMENDMENTS TO THE ORGANIC ACT.

AN ACT TO AMEND AN ACT ENTITLED “AN ACT TO PROVIDE A TEMPORARY
GOVERNMENT FOR THE TERRITORY OF COLORADO.”

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That the second section of the
act to which this act is an amendment, be altered so as to read as
follows: The executive power and authority in and over said Territory of
Colorado, shall be vested in a Governor, who shall hold his office for
four years, and until his successor shall be appointed and qualified,
unless sooner removed by the President of the United States. The
Governor shall reside within said Territory, shall be
commander-in-chief of the militia thereof, shall perform the duties, and
shall receive the emoluments of Superintendent of Indian Affairs; he may
grant pardons for offences against the laws of said Territory, and
reprieves for offenses against the laws of the United States, until the
decision of the President shall be made known thereon; he shall
commission all officers who shall be appointed to office under the laws
of said Territory, and shall take care that the laws be faithfully
executed.

SEC. 2. _And be it further enacted_, That every bill which shall have
passed the Legislative Assembly shall, before it become a law, be
presented to the Governor of the Territory; if he approve, he shall sign
it; but if not he shall return it, with his objections, to the house in
which it originated, who shall enter the objections at large on their
journal, and proceed to reconsider it. If, after such reconsideration,
two-thirds of that house shall agree to pass the bill, it shall be sent,
together with the objections, to the other house, by which it shall
likewise be reconsidered, and if approved by two-thirds of that house,
it shall become a law. But in all such cases the votes of both houses
shall be determined by yeas and nays, to be entered on the journal of
each house respectively. If any bill shall not be returned by the
Governor within three days (Sundays excepted) after it shall have been
presented to him, the same shall be a law in like manner as if he had
signed it, unless the Assembly, by adjournment, prevents its return, in
which case it shall not be law.

SEC. 3. _And be it further enacted_, That section nine of the act to
which this act is amendatory be altered so as to read as follows:
Section 9. _And be it further enacted_, That the judicial power of said
Territory shall be vested in a Supreme Court, District Courts, Probate
Courts, and Justices of the Peace. The Supreme Court shall consist of a
Chief Justice and two Associate Justices, any two of whom shall
constitute a quorum, and who shall hold a term at the seat of government
of said Territory, annually, and they shall hold their offices during
the period of four years. The said Territory shall be divided into three
judicial districts, and a District Court shall be held in each of said
districts by one of the Justices of the Supreme Court, at such time and
place as may be prescribed by law; and the said judges shall, after
their appointments, respectively reside in the districts which shall be
assigned them. The jurisdiction of the several courts herein provided
for, both appellate and original, and of Justices of the Peace, shall be
as limited by law; _Provided_, That Justices of the Peace shall not have
jurisdiction of any matter in controversy, when the title or boundaries
of land may be in dispute, or when the debt or sum claimed shall exceed
three hundred dollars; and the said Probate Court shall not have
jurisdiction in any matter in controversy, when the debt or sum claimed
shall exceed the sum of two thousand dollars; and said Supreme and
District Courts shall have authority for redress of all wrongs committed
against the constitution and laws of the United States; and the said
Supreme, District, and Probate Courts respectively, shall possess
chancery, as well as common law jurisdiction, and authority for the
redress of all wrongs committed against the laws of said Territory,
affecting persons or property. Each District Court, or the judge
thereof, shall appoint its clerk, who shall also be the Register in
Chancery, and shall keep his office at the place where the court may be
held. Writs of error, bills of exception and appeals shall be allowed
from the final decisions of said District and Probate Courts to the
Supreme Court, under such regulations as shall be prescribed by law; but
in no case remove to the Supreme Court, shall trial by jury be allowed
in said court. The Supreme Court, or the justices, thereof, shall
appoint its own clerk, and every clerk shall hold his office at the
pleasure of the court for which he shall have been appointed. Writs of
error and appeals from the final decisions of said Supreme Court shall
be allowed, and may be taken to the Supreme Court of the United States
in the same manner and under the same regulations as from the Circuit
Courts of the United States, when the value of the property, or the
amount in controversy, to be ascertained by the oath or affirmation of
either party, or other competent witness, shall exceed one thousand
dollars; and each of said Supreme and District Courts shall have and
exercise the same jurisdiction in all cases arising under the
constitution and laws of the United States, as is vested in the Circuit
and District Courts of the United States; and the said Supreme and
District Courts of said Territory, and the respective judges thereof,
shall and may grant writs of habeas corpus in all cases in which the
same are granted by the judges of the United States in the District of
Columbia; and the first six days of every term of said courts, or so
much thereof as shall be necessary, shall be appropriated to the trial
of causes arising under the said constitution and laws; and writs of
error and appeals in all such cases shall be made to the Supreme Court
of said Territory, the same as in other cases. The said clerk shall
receive in all such cases the same fees which the clerks of the
Districts Courts of Oregon Territory received for similar services.

SEC. 4. _And be it further enacted_, That the provisions of sections
one and two of this act shall be applicable to the Territory of Dakota,
and shall have like effect as in the Territory of Colorado.

Approved March 2, 1863.

AN ACT AMENDATORY OF THE ORGANIC ACT OF COLORADO TERRITORY.

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That hereafter the sessions of
the Legislative Assembly of Colorado Territory shall be biennial.
Members of the Council shall be elected for the term of four years, and
members of the House for the term of two years, and shall receive the
sum of six dollars per day instead of three dollars heretofore allowed,
and shall also receive the same mileage now allowed by law.

SEC. 2. _And be it further enacted_, That each house shall have
authority to elect, in addition to the officers now allowed by law, an
enrolling clerk, who shall receive five dollars per day. The chief clerk
shall receive six dollars per day, and the other officers elected by
said Legislature shall receive five dollars per day each.

SEC. 3. _And be it further enacted_, That the members of the Legislative
Assembly elected at the general election of said Territory in the year
eighteen hundred and sixty-seven, shall compose the first Legislature
under this act, and said Legislature shall meet at the time now fixed by
law for the meeting of the Legislative Assembly of Colorado Territory.

Approved March 30th, 1867.

AN ACT TO REGULATE THE ELECTIVE FRANCHISE IN THE TERRITORIES OF THE
UNITED STATES.

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That from and after the
passage of this act, there shall be no denial of the elective franchise
in any of the territories of the United States, now, or hereafter to be
organized, to any citizen thereof, on account of race, color, or
previous condition of servitude; and all acts or parts of acts, either
of Congress or the Legislative Assemblies of said Territories,
inconsistent with the provisions of this act are hereby declared null
and void.

SCHUYLER COLFAX,

_Speaker of the House of Representatives._

LAFAYETTE S. FOSTER,

_President of the Senate, pro tempore._

Endorsed by the President: Received on the 14th January, 1867.

[NOTE BY THE STATE DEPARTMENT.--The foregoing act having been
presented to the President of the United States for his
approval, and not having been returned by him to the House of
Congress, in which it originated, within the time prescribed by
the Constitution of the United States, has become a law without
his approval.]

AN ACT AMENDATORY OF “AN ACT TO PROVIDE A TEMPORARY GOVERNMENT
FOR THE TERRITORY OF MONTANA.” APPROVED MAY 26th, 1864.

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That the Legislative
Assemblies of the several Territories of the United States shall not,
after the passage of this act, grant private charters or especial
privileges, but they may, by general incorporation acts, permit persons
to associate themselves together as bodies corporate for mining,
manufacturing, and other industrial pursuits.

SEC. 7. _And be it further enacted_, That from and after the first day
of April next the salary of each of the judges of the several Supreme
Courts, in each of the organized Territories (except Montana and Idaho),
shall be two thousand five hundred dollars.

SEC. 8. _And be it further enacted_, That all acts and parts of acts
inconsistent with this act are hereby repealed.

Approved March 2d, 1867.

AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND
JUDICIAL EXPENSES OF THE GOVERNMENT FOR THE YEAR ENDING THE
THIRTIETH OF JUNE, EIGHTEEN HUNDRED AND SEVENTY.

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, * * * * * * That hereafter the
members of both branches of the Legislative Assemblies of the several
Territories shall be chosen for the term of two years, and the sessions
of the Legislative Assemblies shall be biennial; and each Territorial
Legislature shall, at its first session after the passage of this act,
make provision by law for carrying this act into effect.

Approved March 3d, 1869.

AN ACT REGULATING THE COMPENSATION OF THE MEMBERS AND OFFICERS
OF THE LEGISLATIVE ASSEMBLIES OF THE SEVERAL TERRITORIES OF THE
UNITED STATES, AND LIMITING THE DURATION OF THE SESSIONS OF SAID
ASSEMBLIES.

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That the sessions of the
Legislative Assemblies of the several Territories of the United States
shall be limited to forty days duration.

SEC. 2. That the members of each branch of said Legislatures shall
receive a compensation of six dollars per day during the sessions herein
provided for, and they shall receive such mileage as now provided by
law; _Provided_, That the President of the Council, and Speaker of the
House of Representatives shall each receive a compensation of ten
dollars per day, and that the additional officers of each branch of said
Legislative Assemblies shall consist of one Chief Clerk, who shall
receive a compensation of eight dollars per day, and of one Assistant
Clerk, one Enrolling Clerk, one Engrossing Clerk, one Sergeant-at-arms,
one Doorkeeper, one Messenger, and one Watchman, who shall each receive
a compensation of five dollars per day during the sessions.

SEC. 3. That from and after the first day of July, eighteen hundred and
seventy-three, the annual salaries of the Governors of the several
Territories of the United States shall be three thousand five hundred
dollars, and the salaries of the Secretaries of said Territories shall
be two thousand five hundred dollars each.

SEC. 4. That the provisions of this act shall not apply to the District
of Columbia; _Provided_, That no law of any Territorial Legislature
shall be made or enforced by which any officer of a Territory herein
provided for, or the officers or members of any Territorial Legislature
shall be paid any compensation other than that provided by the laws of
the United States.

Approved January 23, 1873.

CHAPTER III.

In 1861 the Kansas officials had disappeared. The Provisional government
continued to exercise its partially acknowledged authority until the
arrival of the United States appointees for the new Territory. These
arrived on the 29th of May. The Federal officers, who then came, with
their sealed commissions, were: William Gilpin, Governor; Lewis Ledyard
Weld, Secretary; B. F. Hall, Chief Justice; S. N. Pettis, and Charles
Lee Armor, Associate Justices; Copeland Townsend, Marshal; James E.
Dalliba, Attorney General; F. M. Case, Surveyor General. The Provisional
government now ceased. Its laws had been published, but not enforced,
and its officers had the honor, but not the pay, of the positions they
held.

Governor Gilpin was welcomed with undisguised pleasure. His greeting was
a perfect ovation. The people now felt a new sense of security, for the
strong arm of the General Government was in their midst. The Governor at
once proceeded with commendable energy to discharge the functions of his
high office. His first duty was to see the settlements of the Territory,
and ascertain the character, condition and wants of the people. This
visitation was accomplished with great celerity. Wherever the Governor
went, the joy and hospitality of the people knew no bounds. Everywhere
he was welcomed with bouquets, balls, congratulations. On his return to
Denver, in accordance with his prescribed duty, a census was ordered.
The returns exhibited a population of 25,329. The proportion of men to
women was nearly five to one. The Governor, qualified July 8th, and was
now in the full exercise of his authority. The other co-ordinate branch
of Federal Government had now to be established. This was the United
States Supreme Court. On July 10th, the Governor assigned the judges to
their districts, and the Supreme Court immediately organized. On July
11th, he issued a proclamation, in which the Territory was declared to
be one Congressional District, and the Congressional District to be
divided into nine Council, and thirteen Representative Districts, and in
which the election of a delegate to Congress, and of Legislative
Assembly were ordered. The election was duly held on the 19th of
August--Hiram P. Bennet was elected delegate to Congress. The
Legislature of the Territory of Colorado convened on the 9th of
September. They adopted full civil, and criminal codes. They recognized
the miners as authority in mining legislation, acknowledged the legality
of their courts, adopted their laws, confirmed their decisions, and
arranged for the transfer of cases to the regular courts, so that no
jarring, nor inconvenience was experienced. Great praise is due to this
legislative body for the laws they enacted, and though some have been
found faulty, and others repealed, yet they have effectually served the
needs of the Territory. When the rebellion had been in progress for
several months, Gov. Gilpin issued a call for volunteers. Recruits
quickly responded to the call, and the first regiment of Colorado
infantry, under Col. John P. Slough, soon took the field. This infantry
was transformed into a cavalry regiment, and did good service in
repelling the Texan invasion early in 1862. During this year immigration
received a strong impetus. It was computed that the daily arrivals,
averaging one hundred, added in a short time ten thousand to the
population as returned by the census. The city of Denver, including
Auraria and Highland, was again incorporated in November, 1861. Among
the industries, placer mining was most successfully prosecuted,
California gulch alone yielding one million dollars.

In April, 1862, Dr. John Evans superseded Governor William Gilpin. The
levy of the second regiment of Colorado cavalry was made this year, and
the troops ordered to Missouri. In 1863 they were consolidated with the
third regiment raised in Colorado. This body of cavalry did effective
service in Missouri, and in 1864 won considerable renown in the
movements executed against Price in his last invasion. They took a
prominent part in four battles, to wit: Mine Creek, Oct. 22; Westport,
Oct. 23; Charlot, Oct. 25; Newtonia, Nov. 4. The quantity of gold
obtained by gulch mining this year exceeded any previous yield. H. P.
Bennet was re-elected delegate to Congress in September.

In the year 1863 began in the East the stupendous speculation in gold
mines. The spirit of speculation had infected all classes of people, and
financial schemes were quickly devised to draw millions from the public.
Among these Colorado mines prominently figured. On the 19th of April
Denver lost, by a severe conflagration, a sum estimated at a quarter of
a million dollars. A branch telegraph line was completed from Julesburg
to Denver in October, whereby telegraphic communication with the world
was established. On the 7th of October a treaty was concluded with the
Tabeguache band of Utah Indians, by which the Indian title to all of the
settled portions of the mountains of Colorado, and most of the San Luis
valley, was extinguished.

The year 1864 was the gloomy period of the rebellion. Speculation
became a mania. Stock companies of the most gigantic character were
organized on the basis of Colorado gold mines. It need hardly be said
that thousands lost large sums by reckless investments in gold mining
stocks. In the spring the Indians of the plains, composed of Sioux,
Cheyennes, and Arapahoes, combined to carry on a bloody and
exterminating war against the whites. They attacked the coaches;
murdered, scalped, and mutilated the passengers. Exposed dwellings were
surrounded and the inmates massacred. Emboldened by little or no
resistance, they admitted no pause to their savage butcheries. This
thoroughly roused the people to punish the hostile fiends. Twelve
hundred men, under the command of Col. J. M. Chivington, hurried forward
to meet the merciless savages, and arrest their work of horrors. They
found and suddenly assailed a large troop of Cheyennes, about seven
hundred in number, and with hearts steeled against mercy, dealt swift
retribution, sparing neither age nor sex, until nearly all were
destroyed. This stunning blow checked the Indian outrages. A temporary
quiet ensued, and the roads were again animated with coaches and wagon
trains. Much credit is due to Captain Tyler, who, with his brave
company, opened and protected the line of communication with the States.
On May 19th, a more disastrous calamity befell Denver than the fire of
the preceding year. An appalling flood swept down Cherry Creek,
overwhelming large buildings, and sweeping them and their contents down
its destructive current. Twenty persons perished in the ruthless waters.
The damages were computed to be a million dollars. Near the close of the
Thirty-eighth Congress, a bill was passed, in response to a petition of
the Colorado Legislature, enabling the territory to organize a State
government and enter the Union. Under its provisions a convention met in
Denver July 4th, 1864, and framed a constitution. This was rejected by
the people on the second Tuesday of October. In the fall of 1864, A. A.
Bradford was elected delegate to Congress.

In 1865 the Indians renewed hostilities, apparently determined to force
back immigration. All intercourse with the East was interrupted for a
time. Business was paralyzed. Lonely ranches were invaded, and their
occupants fiendishly massacred. This second outbreak of the Indians was
effectually checked by United States troops. In the spring of this year
all parties concurred in another attempt to organize a state. A
convention met in Denver in August, and framed a constitution, which was
adopted by a majority of 155. A State legislature, and the complement of
State officers, were elected November 14th. Ex-Governor William Gilpin
was chosen State Governor. Ex-Governor John Evans and Jerome B. Chaffee
were chosen senators by the legislature. Application for the admission
of Colorado as a state was made during each session of the Thirty-ninth
Congress. A strong disinclination to grant the application was
manifested. An exigency, however, arose, which changed their
disposition. The President, Andrew Johnson, had been impeached. The
success of the impeachment was involved in doubt. To secure two senators
and a representative, an enabling act was passed to admit the new state.
The President, as might be expected, vetoed the bill. Governor John
Evans was superseded by Alexander Cummings, who qualified October 19th.

In 1866 a reaction followed the prostration of trade and industry
consequent upon the Indian outrages of the preceding year. An unwonted
stimulus pervaded the territory. Mining pursuits were followed with
fresh vigor. In Denver and other places building was carried on with
unparalleled activity. Money became plentiful, and many laid the
foundations of large fortunes. George M. Chilcott was elected delegate.
Up to this time the bullion deposited in the mint amounted to 12,401,372
dollars, said to be less than half of the real yield.

On May 27th, 1867, A. C. Hunt superseded Governor Cummings. The struggle
for statehood ended with the winter of 1867-8, when it was found
impossible to pass the bill over the veto. In the fall the Denver Board
of Trade was organized, which principally labored to initiate the
enterprise of building a railroad to join the Union Pacific road at
Cheyenne. Near the close of the year the Union Pacific road reached
Cheyenne. The Denver Pacific Railway and Telegraph Company was
incorporated November 18th, 1867. During this year the various interests
of Colorado were ably represented at the Universal Exposition in Paris.
The first gold medal was awarded to the minerals of Colorado. The French
Government, moved by Colorado’s display at the Exposition, appointed an
Imperial Commissioner, who visited the territory and reported his
observations therein for the benefit of capital and science in France.
The Kiowas and Comanches, the Cheyennes and Arapahoes were removed to
reservations bordering on Colorado and Kansas, where their southern
boundary lines meet. By their treaties they stipulate to withdraw
opposition to immigrants, settlers, and lines of railroad.

In 1868 A. A. Bradford was again elected delegate to Congress.

On June 15th, 1869, Edward M. McCook superseded Governor A. C. Hunt.

The Denver Pacific Railway Company had been formed in 1867. Its
principal object, as stated in the articles of incorporation, was to
build a railroad and telegraph line to Cheyenne, and there connect with
the Union Pacific road. After some delay the funds were secured, the
construction of the road hastened, and on the 23d day of June, 1870, the
first train arrived in Denver. On the 15th day of August, the Kansas
Pacific Railway, 640 miles in length, was completed. In September,
seventeen miles of the Colorado Central were finished. The connection of
Golden with Denver was thereby effected. During this year successful
efforts were made to plant colonies in choice sections of the Territory.
The Meeker-Greeley colony was organized in New York in the winter of
1869-70, and located in the spring. It now has a population of 2,000,
happy and prosperous, and distinguished by prohibition laws and devotion
to temperance. The town site of the colony is a delta formed by the
Cache-a-la-Poudre and South Platte rivers. The Chicago-Colorado colony
is largely composed of Western men, and is animated by a liberal
progressive spirit. The location of the colony is in every way most
desirable. The energy and enterprise of the colonists excite great
admiration. They have already a beautiful town, and a large extent of
country under cultivation. The German colony may also be mentioned. It
occupied Wet Mountain Valley, which lies in Pueblo and Fremont counties.
Thus, by rapid transit, the Territory was brought into close
communication with the States, and began to fill up with thousands, who,
independently, or in co-operative association, settled for the purposes
of agriculture. No sign so cheering as a settlement of a country by
intelligent, enterprising farmers. Hardy, industrious miners had already
crowded into the mountains, and skillful, energetic farmers now
collected on the plains, intent to reap from them rich and abundant
harvests. In the fall, Jerome B. Chaffee was elected delegate to
Congress.

This year, 1871, dates the settlement of the Colorado Springs colony,
distinguished for its rapid and prosperous growth. Situated seventy-five
miles south from Denver, it became the temporary terminus of the Denver
and Rio Grande railway, which was completed to that point during this
year. The railroad has since passed on to Pueblo, and thence to La Veta,
with branches to El Moro, and Canon City.

In 1872, Jerome B. Chaffee was re-elected delegate to Congress.

In 1873, a large immigration into the San Juan region commenced, owing
to reports of rich mineral discoveries. S. H. Elbert superseded Gov. E.
M. McCook. Following the custom of those removed from office, the
ex-Governor proceeded to Washington to confer with the federal
authorities, and in January, 1874, was re-appointed in place of Gov.
Elbert. Severe and bitter editorials filled the columns of the press
devoted to the fallen regime. A temporary division of the Republican
party ensued. A lively contest for political supremacy followed and
continued until the usual period for an election to Congress, when the
two sides of the party marshaled themselves, the one to rebuke and the
other to sustain the administration. The malcontents not only turned the
election against the Republican nominee, H. P. H. Bromwell, but gave a
large and unprecedented majority to the Democratic nominee, Thomas M.
Patterson. This change in the popular vote deeply touched the
administration, and it was determined, in order to reconcile the
disaffected, to remove the obnoxious appointments, and fill the federal
offices with men not implicated in the controversy.

During the year 1874, the South Park railroad was finished to Morrison.

John L. Routt, the successor to Gov. McCook, qualified on March 29th,
1875. He set to work without delay to unite the discordant factions and
succeeded. The people in general were now fully persuaded that the time
had come for demanding the privileges of Statehood. The Republican
delegate, Jerome B. Chaffee, had during the winter of 1874-5, drawn up
an Enabling Act with much skill, and by persistent effort and untiring
zeal, had, in the face of strong opposition, effected the passage of the
bill. Before its passage the Act was amended so as to postpone the date
of admission to July 4th, 1876.

CHAPTER IV.

An Act to amend the Act entitled “An Act to enable the people of
Colorado to form a constitution and State government, and for
the admission of said State into the Union on an equal footing
with the original States,” approved March 3, 1875.

ENABLING ACT.

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That the inhabitants of the
Territory of Colorado included in the boundaries hereinafter designated
be, and they are hereby, authorized to form for themselves, out of said
Territory, a State government, with the name of the State of Colorado;
which State, when formed, shall be admitted into the Union upon an equal
footing with the original States in all respects whatsoever, as
hereinafter provided.

SEC. 2. That the said State of Colorado shall consist of all the
territory included within the following boundaries, to wit: Commencing
on the thirty-seventh parallel of north latitude where the twenty-fifth
meridian of longitude west from Washington crosses the same; thence
north on said meridian, to the forty-first parallel of north latitude;
thence along said parallel west to the thirty-second meridian of
longitude west from Washington; thence south on said meridian, to the
thirty-seventh parallel of north latitude; thence along said
thirty-seventh parallel of north latitude, to the place of beginning.

SEC. 3. That all persons qualified by law to vote for representatives to
the general assembly of said Territory, at the date of the passage of
this act, shall be qualified to be elected, and they are hereby
authorized to vote for and choose representatives to form a convention
under such rules and regulations as the governor of said Territory, the
chief justice, and the United States attorney thereof may prescribe; and
also to vote upon the acceptance or rejection of such constitution as
may be formed by said convention, under such rules and regulations as
said convention may prescribe; and the aforesaid representatives to form
the aforesaid convention shall be apportioned among the several counties
in said Territory in proportion to the vote polled in each of said
counties at the last general election as near as may be; and said
apportionment shall be made for said Territory by the governor, United
States district attorney, and chief justice thereof, or any two of them;
and the governor of said Territory shall, by proclamation, order an
election of the representatives aforesaid to be held throughout the
Territory at such time as shall be fixed by the governor, chief justice,
and United States attorney, or any two of them, which proclamation shall
be issued within ninety days next after the first day of September,
eighteen hundred and seventy-five, and at least thirty days prior to the
time of said election; and such election shall be conducted in the same
manner as is prescribed by the laws of said Territory regulating
elections therein for members of the house of representatives; and the
number of members to said convention shall be the same as now
constitutes both branches of the legislature of the aforesaid Territory.

SEC. 4. That the members of the convention thus elected shall meet at
the capital of said Territory, on a day to be fixed by said governor,
chief justice, and United States attorney, not more than sixty days
subsequent to the day of election, which time of meeting shall be
contained in the aforesaid proclamation mentioned in the third section
of this act, and, after organization, shall declare, on behalf of the
people of said Territory, that they adopt the Constitution of the United
States; whereupon the said convention shall be, and is hereby,
authorized to form a constitution and State government for said
Territory: _Provided_, That the constitution shall be republican in
form, and make no distinction in civil or political rights on account of
race or color, except Indians not taxed, and not be repugnant to the
Constitution of the United States and the principles of the Declaration
of Independence: _And provided further_, That said convention shall
provide, by an ordinance irrevocable without the consent of the United
States and the people of said State, first, that perfect toleration of
religious sentiment shall be secured, and no inhabitant of said State
shall ever be molested in person or property on account of his or her
mode of religious worship; secondly, that the people inhabiting said
Territory do agree and declare that they forever disclaim all right and
title to the unappropriated public lands lying within said Territory,
and that the same shall be and remain at the sole and entire disposition
of the United States, and that the lands belonging to citizens of the
United States residing without the said State shall never be taxed
higher than the lands belonging to residents thereof, and that no taxes
shall be imposed by the State on lands or property therein belonging to,
or which may hereafter be purchased by the United States.

SEC. 5. That in case the constitution and State government shall be
formed for the people of said Territory of Colorado, in compliance with
the provisions of this act, said convention forming the same shall
provide, by ordinance, for submitting said constitution to the people of
said State for their ratification or rejection, at an election, to be
held at such time, in the month of July, eighteen hundred and
seventy-six, and at such places and under such regulations as may be
prescribed by said convention, at which election the lawful voters of
said new State shall vote directly for or against the proposed
constitution; and the returns of said election shall be made to the
acting governor of the Territory, who, with the chief justice and United
States attorney of said Territory, or any two of them, shall canvass the
same; and if a majority of legal votes shall be cast for said
constitution in said proposed State, the said acting governor shall
certify the same to the President of the United States, together with a
copy of said constitution and ordinances; whereupon it shall be the duty
of the President of the United States to issue his proclamation
declaring the State admitted into the Union on an equal footing with the
original States, without any further action whatever on the part of
Congress.

SEC. 6. That until the next general census said State shall be entitled
to one Representative in the House of Representatives of the United
States, which Representative, together with the governor and State and
other officers provided for in said constitution, shall be elected on a
day subsequent to the adoption of the constitution, and to be fixed by
said constitutional convention; and until said State officers are
elected and qualified under the provisions of the constitution, the
territorial officers shall continue to discharge the duties of their
respective offices.

SEC. 7. That sections numbered sixteen and thirty-six in every township,
and where such sections have been sold or otherwise disposed of by any
act of Congress, other lands, equivalent thereto, in legal subdivisions
of not more than one quarter-section, and as contiguous as may be, are
hereby granted to said State for the support of common schools.

SEC. 8. That, provided the State of Colorado shall be admitted into the
Union in accordance with the foregoing provisions of this act, fifty
entire sections of the unappropriated public lands within said State, to
be selected and located by direction of the legislature thereof, and
with the approval of the President, on or before the first day of
January, eighteen hundred and seventy-eight, shall be, and are hereby,
granted, in legal subdivisions of not less than one quarter-section, to
said State for the purpose of erecting public buildings at the capital
of said State for legislative and judicial purposes, in such manner as
the legislature shall prescribe.

SEC. 9. That fifty other entire sections of land as aforesaid, to be
selected and located and with the approval as aforesaid, in legal
subdivisions as aforesaid, shall be, and they are hereby, granted to
said State for the purpose of erecting a suitable building for a
penitentiary or State prison in the manner aforesaid.

SEC. 10. That seventy-two other sections of land shall be set apart and
reserved for the use and support of a State university, to be selected
and approved in manner as aforesaid, and to be appropriated and applied
as the legislature of said State may prescribe for the purpose named,
and for no other purpose.

SEC. 11. That all salt-springs within said State, not exceeding twelve
in number, with six sections of land adjoining, and as contiguous as may
be to each, shall be granted to said State for its use, the said land to
be selected by the governor of said State within two years after the
admission of the State, and when so selected to be used and disposed of
on such terms, conditions, and regulations as the legislature shall
direct: _Provided_, That no salt-springs or lands the right whereof is
now vested in any individual or individuals, or which hereafter shall be
confirmed or adjudged to any individual or individuals, shall by this
act be granted to said State.

SEC. 12. That five per centum of the proceeds of the sales of
agricultural public lands lying within said State which shall be sold by
the United States subsequent to the admission of said State into the
Union, after deducting all the expenses incident to the same, shall be
paid to the said State for the purpose of making such internal
improvements within said State as the legislature thereof may direct:
_Provided_, That this section shall not apply to any lands disposed of
under the homestead laws of the United States, or to any lands now or
hereafter reserved for public or other uses.

SEC. 13. That any balance of the appropriations for the legislative
expenses of said Territory of Colorado remaining unexpended shall be
applied to and used for defraying the expenses of said convention, and
for the payment of the members thereof, under the same rules and
regulations and rates as are now provided by law for the payment of the
territorial legislature.

SEC. 14. That the two sections of land in each township herein granted
for the support of common schools shall be disposed of only at public
sale and at a price not less than two dollars and fifty cents per acre,
the proceeds to constitute a permanent school fund, the interest of
which to be expended in the support of common schools.

SEC. 15. That all mineral lands shall be excepted from the operation and
grants of this act.

Approved March 3, 1875.

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That so much of section three
of the act entitled “An act to enable the people of Colorado to form a
constitution and State government, and for the admission of the said
State into the Union on an equal footing with the original States”
approved March third, eighteen hundred and seventy-five, as reads “and
also to vote upon the acceptance or rejection of such constitution as
may be formed by said convention” be amended so as to read as follows:
“And all who are qualified voters of said Territory under the laws
thereof at such time as the constitution to be framed shall be submitted
to the people for ratification or rejection shall be entitled to vote
upon the question of such ratification or rejection.”

SEC. 2. That section thirteen of said act be amended by adding at the
end of said section thirteen the following: “And if the balance of said
legislative appropriations does not amount to the sum of twenty thousand
dollars, then there shall be, and there hereby is, appropriated, out of
any money in the treasury not otherwise appropriated, a sum sufficient,
with the said unexpended appropriations, to make the sum of twenty
thousand dollars, which shall be used for the purposes aforesaid:
_Provided_, That any money hereby appropriated not necessary for such
purposes shall be covered into the Treasury of the United States.”

Approved March 3, 1876.

* * * * *

Under this Act delegates to frame a constitution were duly elected. They
met in convention in December, 1875, and continued their session to
March 13th, 1876, when the convention adjourned _sine die_.

CHAPTER V.

CONSTITUTION.

PREAMBLE.

We, the people of Colorado, with profound reverence for the Supreme
Ruler of the Universe, in order to form a more independent and perfect
government; establish justice; insure tranquility; provide for the
common defense; promote the general welfare and secure the blessings of
liberty to ourselves and our posterity, do ordain and establish this
Constitution for the “State of Colorado.”

ARTICLE I.

BOUNDARIES.

The boundaries of the State of Colorado shall be as follows: Commencing
on the thirty-seventh parallel of north latitude, where the twenty-fifth
meridian of longitude west from Washington crosses the same; thence
north on said meridian to the forty-first parallel of north latitude;
thence along said parallel west to the thirty-second meridian of
longitude west from Washington; thence south on said meridian to the
thirty-seventh parallel of north latitude; thence along said
thirty-seventh parallel of north latitude to the place of beginning.

ARTICLE II.

BILL OF RIGHTS.

In order to assert our rights, acknowledge our duties, and proclaim the
principles upon which our government is founded, we declare:

SECTION 1. That all political power is vested in and derived from the
people; that all government, of right, originates from the people, is
founded upon their will only, and is instituted solely for the good of
the whole.

SEC. 2. That the people of this State have the sole and exclusive right
of governing themselves, as a free, sovereign and independent State; and
to alter and abolish their constitution and form of government whenever
they may deem it necessary to their safety and happiness, provided such
change be not repugnant to the Constitution of the United States.

SEC. 3. That all persons have certain natural, essential and inalienable
rights, among which may be reckoned the right of enjoying and defending
their lives and liberties; that of acquiring, possessing and protecting
property; and of seeking and obtaining their safety and happiness.

SEC. 4. That the free exercise and enjoyment of religious profession and
worship, without discrimination, shall forever hereafter be guaranteed;
and no person shall be denied any civil or political right, privilege,
or capacity, on account of his opinions concerning religion; but the
liberty of conscience hereby secured shall not be construed to dispense
with oaths or affirmations, excuse acts of licentiousness, or justify
practices inconsistent with the good order, peace, or safety of the
State. No person shall be required to attend or support any ministry or
place of worship, religious sect, or denomination against his consent.
Nor shall any preference be given by law to any religious denomination
or mode of worship.

SEC. 5. That all elections shall be free and open; and no power, civil
or military, shall at any time interfere to prevent the free exercise of
the right of suffrage.

SEC. 6. That courts of justice shall be open to every person, and a
speedy remedy afforded for every injury to person, property, or
character; and that right and justice should be administered without
sale, denial, or delay.

SEC. 7. That the people shall be secure in their persons, papers, homes
and effects from unreasonable searches and seizures; and no warrant to
search any place or seize any person or thing shall issue without
describing the place to be searched, or the person or thing to be
seized, as near as may be, nor without probable cause, supported by oath
or affirmation, reduced to writing.

SEC. 8. That, until otherwise provided by law, no person shall, for a
felony, be proceeded against criminally, otherwise than by indictment,
except in cases arising in the land and naval forces, or in the militia
when in actual service in time of war or public danger. In all other
cases offenses shall be prosecuted criminally by indictment or
information.

SEC. 9. That treason against the State can consist only in levying war
against it, or in adhering to its enemies, giving them aid and comfort;
that no person can be convicted of treason unless on the testimony of
two witnesses to the same overt act, or on his confession in open court;
that no person can be attainted of treason or felony by the General
Assembly; that no conviction can work corruption of blood or forfeiture
of estate; that the estates of such persons as may destroy their own
lives shall descend or vest as in cases of natural death.

SEC. 10. That no law shall be passed impairing the freedom of speech;
that every person shall be free to speak, write or publish whatever he
will on any subject, being responsible for all abuse of that liberty;
and that all suits and prosecutions for libel, the truth thereof may be
given in evidence, and the jury, under the direction of the court, shall
determine the law and the fact.

SEC. 11. That no _ex post facto_ law, nor law impairing the obligation
of contracts, or retrospective in its operation, or making any
irrevocable grant of special privileges, franchises, or immunities,
shall be passed by the General Assembly.

SEC. 12. That no person shall be imprisoned for debt, unless upon
refusal to deliver up his estate for the benefit of his creditors, in
such manner as shall be prescribed by law, or in cases of tort or where
there is a strong presumption of fraud.

SEC. 13. That the right of no person to keep and bear arms in defense of
his home, person and property, or in aid of the civil power when thereto
legally summoned, shall be called in question; but nothing herein
contained shall be construed to justify the practice of carrying
concealed weapons.

SEC. 14. That private property shall not be taken for private use unless
by consent of the owner, except for private ways of necessity, and
except for reservoirs, drains, flumes or ditches on or across the lands
of others, for agricultural, mining, milling, domestic or sanitary
purposes.

SEC. 15. That private property shall not be taken or damaged, for public
or private use, without just compensation. Such compensation shall be
ascertained by a board of commissioners, of not less than three
freeholders, or by a jury when required by the owner of the property, in
such manner as may be prescribed by law, and until the same shall be
paid to the owner, or into court for the owner, the property shall not
be needlessly disturbed, or the proprietary rights of the owner therein
divested; and whenever an attempt is made to take private property for a
use alleged to be public, the question whether the contemplated use be
really public, shall be a judicial question, and determined as such
without regard to any legislative assertion that the use is public.

SEC. 16. That in criminal prosecutions the accused shall have the right
to appear and defend in person and by counsel; to demand the nature and
cause of the accusation; to meet the witnesses against him face to face;
to have process to compel the attendance of witnesses in his behalf, and
a speedy public trial by an impartial jury of the county or district in
which the offense is alleged to have been committed.

SEC. 17. That no person shall be imprisoned for the purpose of securing
his testimony in any case longer than may be necessary in order to take
his deposition. If he can give security he shall be discharged; if he
cannot give security, his deposition shall be taken by some Judge of the
Supreme, District, or County Court, at the earliest time he can attend,
at some convenient place by him appointed for that purpose, of which
time and place the accused and the attorney prosecuting for the people,
shall have reasonable notice. The accused shall have the right to appear
in person and by counsel. If he have no counsel, the Judge shall assign
him one in that behalf only. On the completion of such examination the
witness shall be discharged on his own recognizance, entered in before
said Judge, but such deposition shall not be used if, in the opinion of
the Court the personal attendance of the witness might be procured by
the prosecution, or is procured by the accused. No exception shall be
taken to such deposition as to matters of form.

SEC. 18. That no person shall be compelled to testify against himself in
a criminal case, nor shall any person be twice put in jeopardy for the
same offense. If the jury disagree, or if the judgment be arrested after
verdict, or if the judgment be reversed for error in law, the accused
shall not be deemed to have been in jeopardy.

SEC. 19. That all persons shall be bailable by sufficient sureties,
except for capital offenses, when the proof is evident or the
presumption great.

SEC. 20. That excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.

SEC. 21. That the privilege of the writ of _habeas corpus_ shall never
be suspended, unless when, in case of rebellion or invasion, the public
safety may require it.

SEC. 22. That the military shall always be in strict subordination to
the civil power; that no soldier shall, in time of peace, be quartered
in any house without the consent of the owner, nor in time of war except
in the manner prescribed by law.

SEC. 23. The right of trial by jury shall remain inviolate in criminal
cases; but a jury in civil cases in all courts, or in criminal cases in
courts not of record, may consist of less than twelve men, as may be
prescribed by law. Hereafter a Grand Jury shall consist of twelve men,
any nine of whom concurring may find an indictment: _Provided_, the
General Assembly may change, regulate or abolish the grand jury system.

SEC. 24. That the people have the right peaceably to assemble for the
common good, and to apply to those invested with the powers of
government for redress of grievances, by petition or remonstrance.

SEC. 25. That no person shall be deprived of life, liberty, or property,
without due process of law.

SEC. 26. That there shall never be in this State either slavery or
involuntary servitude, except as a punishment for crime, whereof the
party shall have been duly convicted.

SEC. 27. Aliens, who are, or who may hereafter become, _bona fide_
residents of this State, may acquire, inherit, possess, enjoy and
dispose of property real and personal, as native born citizens.

SEC. 28. The enumeration in this Constitution of certain rights shall
not be construed to deny, impair, or disparage others retained by the
people.

ARTICLE III.

DISTRIBUTION OF POWERS.

The powers of the government of this State are divided into three
distinct departments--the Legislative, Executive and Judicial--and no
person, or collection of persons, charged with the exercise of powers
properly belonging to one of these departments, shall exercise any power
properly belonging to either of the others, except as in this
Constitution expressly directed or permitted.

ARTICLE IV.

EXECUTIVE DEPARTMENT.

SECTION 1. The Executive Department shall consist of a Governor,
Lieutenant Governor, Secretary of State, Auditor of State, State
Treasurer, Attorney General, and Superintendent of Public Instruction,
each of whom shall hold his office for the term of two years, beginning
on the second Tuesday of January next after his election: _Provided_,
That the terms of office of those chosen at the first election held
under this Constitution, shall begin on the day appointed for the first
meeting of the General Assembly. The officers of the Executive
Department, excepting the Lieutenant Governor, shall, during their term
of offices, reside at the seat of government, where they shall keep the
public records books and papers. They shall perform such duties as are
prescribed by this Constitution or by law.

SEC. 2. The supreme executive power of the State shall be vested in the
Governor, who shall take care that the laws be faithfully executed.

SEC. 3. The officers named in section one of this article, shall be
chosen on the day of the general election, by the qualified electors of
the State. The returns of every election for said officers shall be
sealed up and transmitted to the Secretary of State, directed to the
Speaker of the House of Representatives who shall immediately, upon the
organization of the House, and before proceeding to other business open
and publish the same in the presence of a majority of the members of
both Houses of the General Assembly, who shall for that purpose assemble
in the House of Representatives. The person having the highest number of
votes for either of said offices shall be declared duly elected, but if
two or more have an equal and the highest number of votes for the same
office, one of them shall be chosen thereto by the two Houses on joint
ballot. Contested elections for the said offices shall be determined by
the two Houses on joint ballot, in such manner as may be prescribed by
law.

SEC. 4. No person shall be eligible to the office of Governor,
Lieutenant Governor, or Superintendent of Public Instruction, unless he
shall have attained the age of thirty years, nor to the office of
Auditor of State, Secretary of State, or State Treasurer, unless he
shall have attained the age of twenty-five years, nor to the office of
Attorney General unless he shall have attained the age of twenty-five
years, and be a licensed attorney of the Supreme Court of the State, or
of the Territory of Colorado, in good standing. At the first election,
under this Constitution, any person being a qualified elector at the
time of the adoption of this Constitution, and having the qualifications
above herein prescribed for any one of said officers shall be eligible
thereto; but thereafter no person shall be eligible to any one of said
offices, unless, in addition to the qualifications above prescribed
therefor, he shall be a citizen of the United States and have resided
within the limits of the State two years next preceding his election.

SEC. 5. The Governor shall be commander-in-chief of the military forces
of the State, except when they shall be called into actual service of
the United States. He shall have power to call out the militia to
execute the laws, suppress insurrection, or repel invasion.

SEC. 6. The Governor shall nominate, and by and with the consent of the
Senate, appoint all officers whose offices are established by this
Constitution, or which may be created by law, and whose appointment or
election is not otherwise provided for, and may remove any such officer
for incompetency, neglect of duty, or malfeasance in office. If during
the recess of the Senate a vacancy occur in any such office, the
Governor shall appoint some fit person to discharge the duties thereof
until the next meeting of the Senate, when he shall nominate some person
to fill such office. If the office of Auditor of State, State Treasurer,
Secretary of State, Attorney General, or Superintendent of Public
Instruction, shall be vacated by death, resignation, or otherwise, it
shall be the duty of the Governor to fill the same by appointment, and
the appointee shall hold his office until his successor shall be elected
and qualified in such manner as may be provided by law. The Senate in
deliberating upon executive nominations may sit with closed doors, but
in acting upon nominations they shall sit with open doors, and the vote
shall be taken by ayes and noes, which shall be entered upon the
journal.

SEC. 7. The Governor shall have power to grant reprieves, commutations
and pardons after conviction, for all offenses except treason, and
except in case of impeachment, subject to such regulations as may be
prescribed by law relative to the manner of applying for pardons, but he
shall in every case, where he may exercise this power, send to the
General Assembly, at its first session thereafter, a transcript of the
petition, all proceedings, and the reasons for his action.

SEC. 8. The Governor may require information in writing from the
officers of the Executive Department upon any subject relating to the
duties of their respective offices, which information shall be given
upon oath whenever so required; he may also require information in
writing at any time, under oath, from all officers and managers of State
institutions, upon any subject relating to the condition, management and
expenses of their respective offices and institutions. The Governor
shall, at the commencement of each session, and from time to time, by
message, give to the General Assembly information of the condition of
the State, and shall recommend such measures as he shall deem expedient.
He shall also send to the General Assembly a statement, with vouchers,
of the expenditures of all moneys belonging to the State, and paid out
by him. He shall, also, at the commencement of each session, present
estimates of the amount of money required to be raised by taxation for
all purposes of the State.

SEC. 9. The Governor may, on extraordinary occasions, convene the
General Assembly, by proclamation, stating therein the purpose for which
it is assembled; but at such special session no business shall be
transacted other than that specially named in the proclamation. He may,
by proclamation, convene the Senate in extraordinary session for the
transaction of executive business.

SEC. 10. The Governor, in case of a disagreement between the two Houses
as to the time of adjournment, may, upon the same being certified to him
by the House last moving adjournment, adjourn the General Assembly to a
day not later than the first day of the next regular session.

SEC. 11. Every bill passed by the General Assembly shall, before it
becomes a law, be presented to the Governor. If he approve, he shall
sign it, and thereupon it shall become a law; but if he do not approve,
he shall return it, with his objections, to the House in which it
originated, which House shall enter the objections at large upon its
journal, and proceed to reconsider the bill. If then two-thirds of the
members elected agree to pass the same, it shall be sent, together with
the objections, to the other House, by which it shall likewise be
reconsidered, and if approved by two-thirds of the members elected to
that House, it shall become a law, notwithstanding the objections of the
Governor. In all such cases the vote of each House shall be determined
by ayes and noes, to be entered upon the journal. If any bill shall not
be returned by the Governor within ten days after it shall have been
presented to him, the same shall be a law in like manner as if he had
signed it, unless the General Assembly shall, by their adjournment,
prevent its return, in which case it shall be filed, with his
objections, in the office of the Secretary of State, within thirty days
after such adjournment, or else become a law.

SEC. 12. The Governor shall have power to disapprove of any item or
items of any bill making appropriations of money, embracing distinct
items, and part or parts of the bill approved shall be law, and the item
or items disapproved shall be void, unless enacted in manner following:
If the General Assembly be in session, he shall transmit to the House,
in which the bill originated, a copy of the item or items thereof
disapproved, together with his objections thereto, and the items
objected to shall be separately reconsidered, and each item shall then
take the same course as is prescribed for the passage of bills over the
Executive veto.

LIEUTENANT GOVERNOR.

SEC. 13. In case of the death, impeachment, or conviction of felony or
infamous misdemeanor, failure to qualify, resignation, absence from the
State, or other disability of the Governor, the powers, duties and
emoluments of the office, for the residue of the term, or until the
disability be removed, shall devolve upon the Lieutenant Governor.

SEC. 14. The Lieutenant Governor shall be President of the Senate, and
shall vote only when the Senate is equally divided. In case of the
absence, impeachment or disqualification from any cause of the
Lieutenant Governor, or when he shall hold the office of Governor, then
the President _pro tem._ of the Senate shall perform the duties of the
Lieutenant Governor, until the vacancy is filled or the disability
removed.

SEC. 15. In case of the failure to qualify in his office, death,
resignation, absence from the State, impeachment, conviction of felony,
or infamous misdemeanor, or disqualification from any cause, of both the
Governor and Lieutenant Governor, the duties of the Governor shall
devolve on the President of the Senate _pro tem._, until such
disqualification of either the Governor or Lieutenant Governor be
removed, or the vacancy be filled; and if the President of the Senate,
for any of the above named causes, shall become incapable of performing
the duties of Governor, the same shall devolve upon the Speaker of the
House.

SEC. 16. An account shall be kept by the officers of the Executive
Department, and of all public institutions of the State, of all moneys
received by them severally from all sources, and for every service
performed, and of all moneys disbursed by them severally, and a
semi-annual report thereof shall be made to the Governor, under oath.

SEC. 17. The officers of the Executive Department, and of all public
institutions of the State, shall, at least twenty days preceding each
regular session of the General Assembly, make full and complete report
of their actions to the Governor, who shall transmit the same to the
General Assembly.

SEC. 18. There shall be a seal of the State, which shall be kept by the
Secretary of State, and shall be called the “Great Seal of the State of
Colorado.” The seal of the Territory of Colorado, as now used, shall be
the seal of the State until otherwise provided by law.

SEC. 19. The officers named in section one of this article, shall
receive for their services a salary to be established by law, which
shall not be increased or diminished during their official terms. It
shall be the duty of all such officers to collect in advance all fees
prescribed by law for services rendered by them severally, and pay the
same into the State treasury.

SEC. 20. The Superintendent of Public Instruction shall be _ex officio_
State Librarian.

SEC. 21. Neither the State Treasurer nor State Auditor shall be eligible
for re-election as his own immediate successor.

ARTICLE V.

LEGISLATIVE DEPARTMENT.

SECTION 1. The legislative power shall be vested in the General
Assembly, which shall consist of a Senate and House of Representatives,
both to be elected by the people.

SEC. 2. An election for members of the General Assembly shall be held on
the first Tuesday in October, in the years of our Lord 1876 and 1878,
and in each alternate year thereafter, on such day, at such places in
each county as now are, or hereafter may be, provided by law. The first
election for members of the General Assembly under the State
organization shall be conducted in the manner prescribed by the laws of
Colorado Territory regulating elections for members of the Legislative
Assembly thereof. When vacancies occur in either House, the Governor, or
person exercising the powers of Governor, shall issue writs of election
to fill such vacancies.

SEC. 3. Senators shall be elected for the term of four years, except as
hereinafter provided, and Representatives for the term of two years.

SEC. 4. No person shall be a Representative or Senator who shall not
have attained the age of twenty-five years, who shall not be a citizen
of the United States, who shall not for at least twelve months next
preceding his election have resided within the Territory included in the
limits of the county or district in which he shall be chosen:
_Provided_, That any person who at the time of the adoption of this
Constitution was a qualified elector under the Territorial laws, shall
be eligible to the first General Assembly.

SEC. 5. The Senators, at their first session, shall be divided into two
classes. Those elected in districts designated by even numbers shall
constitute one class; those elected in districts designated by odd
numbers shall constitute the other class, except that Senators elected
in each of the districts having more than one Senator shall be equally
divided between the two classes. The Senators of one class shall hold
for two years; those of the other class shall hold for four years--to be
decided by lot between the two classes, so that one-half of the
Senators, as near as practicable, may be biennially chosen forever
thereafter.

SEC. 6. Each member for the first General Assembly, as a compensation
for his services, shall receive four dollars for each day’s attendance,
and fifteen cents for each mile necessarily traveled in going to and
returning from the seat of government; and shall receive no other
compensation, perquisite or allowance whatsoever. No session of the
General Assembly, after the first, shall exceed forty days. After the
first session, the compensation of the members of the General Assembly
shall be as provided by law: _Provided_, That no General Assembly shall
fix its own compensation.

SEC. 7. The General Assembly shall meet at 12 o’clock, noon, on the
first Wednesday in November, A. D. 1876; and at 12 o’clock, noon, on the
first Wednesday in January, A. D. 1879; and at 12 o’clock, noon, on the
first Wednesday in January of each alternate year forever thereafter,
and at other times when convened by the Governor. The term of service of
the members thereof shall begin on the first Wednesday of November next
after their election, until otherwise provided by law.

SEC. 8. No Senator or Representative shall, during the time for which he
shall have been elected, be appointed to any civil office under this
State; and no member of Congress, or other person holding any office
(except of attorney-at-law, notary public, or in the militia) under the
United States, or this State, shall be a member of either House during
his continuance in office.

SEC. 9. No member of either House shall, during the term for which he
may have been elected, receive any increase of salary or mileage, under
any law passed during such term.

SEC. 10. The Senate shall, at the beginning and close of each regular
session, and at such other times as may be necessary, elect one of its
members President _pro tempore_. The House of Representatives shall
elect one of its members as Speaker. Each House shall choose its other
officers, and shall judge of the election and qualification of its
members.

SEC. 11. A majority of each House shall constitute a quorum, but a
smaller number may adjourn from day to day, and compel the attendance of
absent members.

SEC. 12. Each House shall have power to determine the rules of its
proceedings and punish its members or other persons for contempt or
disorderly behavior in its presence; to enforce obedience to its
process; to protect its members against violence, or offers of bribes,
or private solicitation, and, with the concurrence of two-thirds, to
expel a member, but not a second time for the same cause, and shall have
all other powers necessary for the Legislature of a free State. A
member, expelled for corruption, shall not thereafter be eligible to
either House of the same General Assembly, and punishment for contempt
or disorderly behavior shall not bar an indictment for the same offense.

SEC. 13. Each House shall keep a journal of its proceedings, and may, in
its discretion, from time to time, publish the same, except such parts
as require secrecy, and the ayes and noes on any question shall, at the
desire of any two members, be entered on the journal.

SEC. 14. The sessions of each House, and of the committees of the whole,
shall be open, unless when the business is such as ought to be kept
secret.

SEC. 15. Neither House 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.

SEC. 16. The members of the General Assembly shall, in all cases except
treason, felony, violation of their oath of office, and breach or surety
of the peace, be privileged from arrest during their attendance at the
sessions of their respective Houses, and in going to and returning from
the same; and for any speech or debate in either House they shall not be
questioned in any other place.

SEC. 17. No law shall be passed except by bill, and no bill shall be so
altered or amended on its passage through either House as to change its
original purpose.

SEC. 18. The style of the laws of this State shall be: “_Be it enacted
by the General Assembly of the State of Colorado._”

SEC. 19. No act of the General Assembly shall take effect until ninety
days after its passage, unless in case of emergency (which shall be
expressed in the preamble or body of the act) the General Assembly
shall, by a vote of two-thirds of all the members elected to each House,
otherwise direct. No bill, except the general appropriation for the
expenses of the government only, introduced in either House of the
General Assembly after the first twenty-five days of the session, shall
become a law.

SEC. 20. No bill shall be considered or become a law unless referred to
a committee, returned therefrom, and printed for the use of the members.

SEC. 21. No bill, except general appropriation bills, shall be passed
containing more than one subject, which shall be clearly expressed in
its title; but if any subject shall be embraced in any act which shall
not be expressed in the title, such act shall be void only as to so much
thereof as shall not be so expressed.

SEC. 22. Every bill shall be read at length on three different days in
each House; all substantial amendments made thereto shall be printed for
the use of the members, before the final vote is taken on the bill; and
no bill shall become a law except by vote of a majority of all the
members elected to each House, nor unless on its final passage the vote
be taken by ayes and noes, and the names of those voting be entered on
the journal.

SEC. 23. No amendment to any bill by one House shall be concurred in by
the other, nor shall the report of any committee of conference be
adopted in either House, except by a vote of a majority of the members
elected thereto, taken by ayes and noes, and the names of those voting
recorded upon the journal thereof.

SEC. 24. No law shall be revived, or amended, or the provisions thereof
extended or conferred by reference to its title only, but so much
thereof as is revived, amended, extended or conferred, shall be
re-enacted and published at length.

SEC. 25. The General Assembly shall not pass local or special laws in
any of the following enumerated cases, that is to say: for granting
divorces; laying out, opening, altering or working roads or highways;
vacating roads, town plats, streets, alleys and public grounds; locating
or changing county seats; regulating county or township affairs;
regulating the practice in courts of justice; regulating the
jurisdiction and duties of justices of the peace, police magistrates and
constables; changing the rules of evidence in any trial or inquiry;
providing for changes of venue in civil or criminal cases; declaring any
person of age; for limitation of civil actions or giving effect to
informal or invalid deeds; summoning or impaneling grand or petit
juries; providing for the management of common schools; regulating the
rate of interest on money; the opening or conducting of any election, or
designating the place of voting; the sale or mortgage of real estate
belonging to minors or others under disability; the protection of game
or fish; chartering or licensing ferries or toll bridges; remitting
fines, penalties, or forfeitures; creating, increasing, or decreasing
fees, per centage, or allowances of public officers; changing the law of
descent; granting to any corporation, association, or individual the
right to lay down railroad tracks; granting to any corporation,
association, or individual any special or exclusive privilege, immunity,
or franchise whatever. In all other cases, where a general law can be
made applicable, no special law shall be enacted.

SEC. 26. The presiding officer of each House shall, in the presence of
the House over which he presides, sign all bills and joint resolutions
passed by the General Assembly, after their titles shall have been
publicly read, immediately before signing; and the fact of signing shall
be entered on the journal.

SEC. 27. The General Assembly shall prescribe by law the number, duties
and compensation of the officers and employes of each House; and no
payment shall be made from the State Treasury, or be in any way
authorized to any person, except to an acting officer or employe elected
or appointed in pursuance of law.

SEC. 28. No bill shall be passed giving any extra compensation to any
public officer, servant or employe, agent or contractor, after services
shall have been rendered or contract made, nor providing for the payment
of any claim made against the State without previous authority of law.

SEC. 29. All stationery, printing, paper and fuel used in the
legislative and other departments of government, shall be furnished; and
the printing, and binding, and distributing of the laws, journals,
department reports, and other printing and binding; and the repairing
and furnishing the halls and rooms used for the meeting of the General
Assembly and its committees, shall be performed under contract, to be
given to the lowest responsible bidder, below such maximum price and
under such regulations as may be prescribed by law. No member or officer
of any department of the government shall be in any way interested in
any such contract; and all such contracts shall be subject to the
approval of the Governor and State Treasurer.

SEC. 30. Except as otherwise provided in this Constitution, no law shall
extend the term of any public officer, or increase or diminish his
salary or emoluments after his election or appointment: _Provided_, This
shall not be construed to forbid the General Assembly to fix the salary
or emoluments of those first elected or appointed under this
Constitution.

SEC. 31. All bills for raising revenue shall originate in the House of
Representatives; but the Senate may propose amendments, as in case of
other bills.

SEC. 32. The general appropriation bill shall embrace nothing but
appropriations for the ordinary expenses of the Executive, Legislative
and Judicial Departments of the State, interest on the public debt, and
for public schools. All other appropriations shall be made by separate
bills, each embracing but one subject.

SEC. 33. No money shall be paid out of the treasury except upon
appropriations made by law, and on warrant drawn by the proper officer
in pursuance thereof.

SEC. 34. No appropriation shall be made for charitable, industrial,
educational or benevolent purposes, to any person, corporation, or
community not under the absolute control of the State, nor to any
denominational or sectarian institution or association.

SEC. 35. The General Assembly shall not delegate to any special
commission, private corporation or association, any power to make,
supervise or interfere with any municipal improvement, money, property
or effects, whether held in trust or otherwise, or to levy taxes, or to
perform any municipal function whatever.

SEC. 36. No act of the General Assembly shall authorize the investment
of trust funds by executors, administrators, guardians, or other
trustees, in the bonds or stock of any private corporation.

SEC. 37. The power to change the venue in civil and criminal cases shall
be vested in the courts, to be exercised in such a manner as shall be
provided by law.

SEC. 38. No obligation or liability of any person, association or
corporation, held or owned by the State, or any municipal corporation
therein, shall ever be exchanged, transferred, remitted, released or
postponed, or in any way diminished by the General Assembly, nor shall
such liability or obligation be extinguished except by payment thereof
into the proper treasury.

SEC. 39. Every order, resolution or vote to which the concurrence of
both Houses may be necessary, except on the question of adjournment, or
relating solely to the transaction of business of the two Houses, shall
be presented to the Governor, and before it shall take effect, be
approved by him, or being disapproved, shall be re-passed by two-thirds
of both Houses, according to the rules and limitations prescribed in
case of a bill.

SEC. 40. If any person elected to either House of the General Assembly
shall offer or promise to give his vote or influence in favor of or
against any measure or proposition, pending or proposed to be introduced
into the General Assembly, in consideration or upon condition that any
other person elected to the same General Assembly will give or will
promise or assent to give his vote or influence in favor of or against
any other measure or proposition, pending or proposed to be introduced
in such General Assembly, the person making such offer or promise, shall
be deemed guilty of solicitation of bribery. If any member of the
General Assembly shall give his vote or influence for or against any
measure or proposition pending in such General Assembly, or offer,
promise or assent so to do, upon condition that any other member will
give or will promise or assent to give his vote or influence in favor of
or against any other measure or proposition pending or proposed to be
introduced in such General Assembly, or in consideration that any other
member hath given his vote or influence for or against any other measure
or proposition in such General Assembly, he shall be deemed guilty of
bribery, and any member of the General Assembly, or person elected
thereto, who shall be guilty of either of such offenses shall be
expelled, and shall not be thereafter eligible to the same General
Assembly; and, on the conviction thereof in the civil courts, shall be
liable to such further penalty as may be prescribed by law.

SEC. 41. Any person who shall directly or indirectly offer, give or
promise any money or thing of value, testimonial, privilege or personal
advantage to any executive or judicial officer or member of the General
Assembly to influence him in the performance of any of his public or
official duties, shall be deemed guilty of bribery, and be punished in
such manner as shall be provided by law.

SEC. 42. The offense of corrupt solicitation of members of the General
Assembly, or of public officers of the State, or of any municipal
division thereof, and any occupation or practice of solicitation of such
members or officers to influence their official action, shall be defined
by law, and shall be punished by fine and imprisonment.

SEC. 43. A member who has a personal or private interest in any measure
or bill proposed or pending before the General Assembly, shall disclose
the fact to the House of which he is a member, and shall not vote
thereon.

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT.

SEC. 44. One Representative in the Congress of the United States shall
be elected from the State at large at the first election under this
Constitution, and thereafter at such times and places and in such manner
as may be prescribed by law. When a new apportionment shall be made by
Congress, the General Assembly shall divide the State into Congressional
Districts accordingly.

SEC. 45. The General Assembly shall provide by law for an enumeration of
the inhabitants of the State in the year of our Lord 1885, and every
tenth year thereafter; and at the session next following such
enumeration, and also at the session next following an enumeration made
by the authority of the United States, shall revise and adjust the
apportionment for Senators and Representatives on the basis of such
enumeration, according to ratios to be fixed by law.

SEC. 46. The Senate shall consist of twenty-six, and the House of
Representatives forty-nine members, which number shall not be increased
until the year of our Lord one thousand eight hundred and ninety, after
which time the General Assembly may increase the number of Senators and
Representatives, preserving, as near as may be, the present proportion
as to the number in each House: _Provided_, That the aggregate number of
Senators and Representatives shall never exceed one hundred.

SEC. 47. Senatorial and Representative Districts may be altered from
time to time, as public convenience may require. When a Senatorial or
Representative District shall be composed of two or more counties, they
shall be contiguous, and the district as compact as may be. No county
shall be divided in the formation of a Senatorial or Representative
District.

SEC. 48. Until the State shall be divided into Senatorial Districts, in
accordance with the provisions of this article, said districts shall be
constituted and numbered as follows:

The county of Weld shall constitute the first district, and be entitled
to one Senator.

The county of Larimer shall constitute the second district, and be
entitled to one Senator.

The county of Boulder shall constitute the third district, and be
entitled to two Senators.

The county of Gilpin shall constitute the fourth district, and be
entitled to one Senator.

The counties of Gilpin, Summit and Grand shall constitute the fifth
district, and be entitled to one Senator.

The county of Clear Creek shall constitute the sixth district, and be
entitled to two Senators.

The county of Jefferson shall constitute the seventh district, and be
entitled to one Senator.

The county of Arapahoe shall constitute the eighth district, and be
entitled to four Senators.

The counties of Elbert and Bent shall constitute the ninth district, and
be entitled to one Senator.

The county of El Paso shall constitute the tenth district, and be
entitled to one Senator.

The county of Douglas shall constitute the eleventh district, and be
entitled to one Senator.

The county of Park shall constitute the twelfth district, and be
entitled to one Senator.

The counties of Lake and Saguache shall constitute the thirteenth
district, and be entitled to one Senator.

The county of Fremont shall constitute the fourteenth district, and be
entitled to one Senator.

The county of Pueblo shall constitute the fifteenth district, and be
entitled to one Senator.

The county of Huerfano shall constitute the sixteenth district, and be
entitled to one Senator.

The county of Las Animas shall constitute the seventeenth district, and
be entitled to two Senators.

The county of Costilla shall constitute the eighteenth district, and be
entitled to one Senator.

The county of Conejos shall constitute the nineteenth district, and be
entitled to one Senator.

The counties of Rio Grande, Hinsdale, La Plata and San Juan shall
constitute the twentieth district, and be entitled to one Senator.

SEC. 49. Until an apportionment of Representatives be made in accordance
with the provisions of this article, they shall be divided among the
several counties of the State in the following manner: The county of
Arapahoe shall have seven; the counties of Boulder and Clear Creek,
each, four; the counties of Gilpin and Las Animas, each, three; the
counties of El Paso, Fremont, Huerfano, Jefferson, Pueblo and Weld,
each, two; the counties of Bent, Costilla, Conejos, Douglas, Elbert,
Grand, Hinsdale, Larimer, La Plata, Lake, Park, Rio Grande, Summit,
Saguache and San Juan, each, one; and the counties of Costilla and
Conejos, jointly, one.

ARTICLE VI.

JUDICIAL DEPARTMENT.

SECTION 1. The judicial powers of the State, as to matters of law and
equity, except as in this Constitution otherwise provided, shall be
vested in a Supreme Court, District Courts, County Courts, Justices of
the Peace, and such other courts as may be created by law for cities and
incorporated towns.

SUPREME COURT.

SEC. 2. The Supreme Court, except as otherwise provided in this
Constitution, shall have appellate jurisdiction only, which shall be
co-extensive with the State, and shall have a general superintending
control over all inferior courts, under such regulations and limitations
as may be prescribed by law.

SEC. 3. It shall have power to issue writs of habeas corpus, mandamus,
quo warranto, certiorari, injunction, and other original and remedial
writs, with authority to hear and determine the same.

SEC. 4. At least two terms of the Supreme Court shall be held each year
at the seat of government.

SEC. 5. The Supreme Court shall consist of three judges, a majority of
whom shall be necessary to form a quorum or pronounce a decision.

SEC. 6. The Judges of the Supreme Court shall be elected by electors of
the State at large, as hereinafter provided.

SEC. 7. The term of office of the Judges of the Supreme Court, except as
in this article otherwise provided, shall be nine years.

SEC. 8. The Judges of the Supreme Court shall, immediately after the
first election under this Constitution, be classified by lot, so that
one shall hold his office for the term of three years, one for the term
of six years, and one for the term of nine years. The lot shall be drawn
by the Judges, who shall for that purpose assemble at the seat of
government, and they shall cause the result thereof to be certified to
the Secretary of the Territory, and filed in his office. The Judge
having the shortest term to serve, not holding his office by appointment
or election to fill a vacancy, shall be the Chief Justice, and shall
preside at all terms of the Supreme Court, and, in case of his absence,
the Judge having in like manner the next shortest term to serve shall
preside in his stead.

SEC. 9. There shall be a Clerk of the Supreme Court, who shall be
appointed by the Judges thereof, and shall hold his office during the
pleasure of said Judges, and whose duties and emoluments shall be as
prescribed by law and by the rules of the Supreme Court.

SEC. 10. No person shall be eligible to the office of Judge of the
Supreme Court unless he be learned in the law; be at least thirty years
of age, and a citizen of the United States, nor unless he shall have
resided in this State or Territory at least two years next preceding his
election.

DISTRICT COURTS.

SEC. 11. The District Courts shall have original jurisdiction of all
causes, both at law and in equity, and such appellate jurisdiction as
may be conferred by law. They shall have original jurisdiction to
determine all controversies upon relation of any person on behalf of the
people, concerning the rights, duties and liabilities of railroad,
telegraph or toll-road companies or corporations.

SEC. 12. The State shall be divided into judicial districts, in each of
which there shall be elected by the electors thereof, one Judge of the
District Court therein, whose term of office shall be six years. The
Judges of the District Courts may hold courts for each other, and shall
do so when required by law.

SEC. 13. Until otherwise provided by law, said districts shall be four
in number, and constituted as follows, viz.:

_First District_--The counties of Boulder, Jefferson, Gilpin, Clear
Creek, Summit and Grand.

_Second District_--The counties of Arapahoe, Douglas, Elbert, Weld and
Larimer.

_Third District_--The counties of Park, El Paso, Fremont, Pueblo, Bent,
Las Animas and Huerfano.

_Fourth District_--The counties of Costilla, Conejos, Rio Grande, San
Juan, La Plata, Hinsdale, Saguache and Lake.

SEC. 14. The General Assembly may, after the year 1880 (whenever
two-thirds of the members of each House shall concur therein), but not
oftener than once in six years, increase the number of the judicial
districts and the judges thereof; such districts shall be formed of
compact territory, and bounded by county lines, but such increase or
change in the boundaries of a district shall not work the removal of any
Judge from his office during the term for which he shall have been
elected or appointed.

SEC. 15. The Judges of the District Court first elected shall be chosen
at the first general election. The General Assembly may provide that,
after the year 1878, the election of the Judges of the Supreme, District
and County Courts, and the District Attorneys, or any of them, shall be
on a different day from that on which an election is held for any other
purpose, and for that purpose may extend or abridge the term of office
of any such officers then holding, but not in any case more than six
months. Until otherwise provided by law, such officers shall be elected
at the time of holding the general elections. The terms of office of all
Judges of the District Court elected in the several districts throughout
the State, shall expire on the same day; and the terms of office of the
District Attorneys elected in the several districts throughout the State
shall, in like manner, expire on the same day.

SEC. 16. No person shall be eligible to the office of District Judge
unless he be learned in the law, be at least thirty years old, and a
citizen of the United States, nor unless he shall have resided in the
State or Territory at least two years next preceding his election, nor
unless he shall, at the time of his election, be an elector within the
judicial district for which he is elected: _Provided_, That at the first
election, any person of the requisite age and learning, and who is an
elector of the Territory of Colorado, under the laws thereof, at the
time of the adoption of this Constitution, shall be eligible to the
office of Judge of the District Court of the judicial district within
which he is an elector.

SEC. 17. The time of holding courts within the said districts shall be
as provided by law, but at least one term of the District Court shall be
held annually in each county, except in such counties as may be
attached, for judicial purposes, to another county wherein such courts
are so held. This shall not be construed to prevent the holding of
special terms, under such regulations as may be provided by law.

SEC. 18. The Judges of the Supreme and District Courts shall each
receive such salary as may be provided by law, and no such Judge shall
receive any other compensation, perquisite or emolument for or on
account of his office, in any form whatever, nor act as attorney or
counselor at law.

SEC. 19. There shall be a Clerk of the District Court in each county
wherein a term is held, who shall be appointed by the Judge of the
district, to hold his office during the pleasure of the Judge. His
duties and compensation shall be as provided by law, and regulated by
the rules of the court.

SEC. 20. Until the General Assembly shall provide by law for fixing the
terms of the courts aforesaid, the Judges of the Supreme and District
Courts, respectively, shall fix the terms thereof.

DISTRICT ATTORNEYS.

SEC. 21. There shall be elected, by the qualified electors of each
judicial district, at each regular election for Judges of the Supreme
Court, a District Attorney for such district, whose term of office shall
be three years, and whose duties and compensations shall be as provided
by law. No person shall be eligible to the office of District Attorney
who shall not, at the time of his election, be at least twenty-five
years of age, and possess all the other qualifications for Judges of
District Courts, as prescribed in this article.

COUNTY COURTS.

SEC. 22. There shall be elected, at the general election in each
organized county in the year 1877, and every three years thereafter,
except as otherwise provided in this article, a County Judge, who shall
be Judge of the County Court of said County, whose term of office shall
be three years, and whose compensation shall be as may be provided by
law.

SEC. 23. County Courts shall be courts of record, and shall have
original jurisdiction in all matters of probate, settlement of estates
of deceased persons, appointment of guardians, conservators and
administrators, and settlement of their accounts, and such other civil
and criminal jurisdiction as may be conferred by law: _Provided_, Such
courts shall not have jurisdiction in any case where the debt, damage,
or claim or value of property involved shall exceed two thousand
dollars, except in cases relating to the estates of deceased persons.
Appeals may be taken from County to District Courts, or to the Supreme
Court, in such cases and in such manner as may be prescribed by law.
Writs of error shall lie from the Supreme Court to every final judgment
of the County Court. No appeal shall lie to the District Court from any
judgment given upon an appeal from a Justice of the Peace.

CRIMINAL COURT.

SEC. 24. The General Assembly shall have power to create and establish a
Criminal Court in each county having a population exceeding fifteen
thousand, which court may have concurrent jurisdiction with the District
Courts in all criminal cases not capital; the terms of such courts to be
as provided by law.

JUSTICES OF THE PEACE.

SEC. 25. Justices of the Peace shall have such jurisdiction as may be
conferred by law; but they shall not have jurisdiction of any case
wherein the value of the property, or the amount in controversy, exceeds
the sum of three hundred dollars, nor where the boundaries or title to
real property shall be called in question.

POLICE MAGISTRATES.

SEC. 26. The General Assembly shall have power to provide for creating
such police magistrates for cities and towns as may be deemed from time
to time necessary or expedient, who shall have jurisdiction of all cases
arising under the ordinances of such cities and towns respectively.

MISCELLANEOUS.

SEC. 27. The judges of courts of record inferior to the Supreme Court,
shall, on or before the first day in July in each year, report in
writing, to the judges of the Supreme Court, such defects and omissions
in the laws as their knowledge and experience may suggest, and the
Judges of the Supreme Court shall, on or before the first day of
December of each year, report in writing to the Governor, to be by him
transmitted to the General Assembly, together with his message, such
defects and omissions in the Constitution and laws as they may find to
exist, together with appropriate bills for curing the same.

SEC. 28. All laws relating to courts shall be general and of uniform
operation throughout the State; and the organization, jurisdiction,
powers, proceedings and practice of all the courts of the same class or
grade, so far as regulated by law, and the force and effect of the
proceedings, judgments and decrees of such courts severally, shall be
uniform.

SEC. 29. All Officers provided for in this article, excepting Judges of
the Supreme Court, shall respectively reside in the district, county,
precinct, city or town for which they may be elected or appointed.
Vacancies in elective offices shall be filled by election, but when the
unexpired term does not exceed one year, the vacancy shall be filled by
appointment, as follows: Of Judges of the Supreme and District Courts,
by the Governor; of District Attorneys, by the Judge of the Court of
which the office appertains; and of all other judicial officers by the
Board of County Commissioners of the county where the vacancy occurs.

SEC. 30. All process shall run in the name of “The People of the State
of Colorado;” all prosecutions shall be carried on in the name and by
the authority of “The People of the State of Colorado,” and conclude,
“against the peace and dignity of the same.”

ARTICLE VII.

SUFFRAGE AND ELECTIONS.

SECTION 1. Every male person over the age of twenty-one years,
possessing the following qualifications, shall be entitled to vote at
all elections:

_First_--He shall be a citizen of the United States, or not being a
citizen of the United States, he shall have declared his intention,
according to law, to become such citizen, not less than four months
before he offers to vote.

_Second_--He shall have resided in the State six months immediately
preceding the election at which he offers to vote, and in the county,
city, town, ward or precinct, such time as may be prescribed by law:
_Provided_, That no person shall be denied the right to vote at any
school district election, nor to hold any school district office, on
account of sex.

SEC. 2. The General Assembly shall, at the first session thereof, and
may at any subsequent session, enact laws to extend the right of
suffrage to women of lawful age, and otherwise qualified according to
the provisions of this article. No such enactment shall be of effect
until submitted to the vote of the qualified electors at a general
election, nor unless the same be approved by a majority of those voting
thereon.

SEC. 3. The General Assembly may prescribe, by law, an educational
qualification for electors, but no such law shall take effect prior to
the year of our Lord one thousand eight hundred and ninety, and no
qualified elector shall be thereby disqualified.

SEC. 4. For the purpose of voting and eligibility to office, no person
shall be deemed to have gained a residence by reason of his presence, or
lost it by reason of his absence, while in the civil or military service
of the State, or of the United States, nor while a student at any
institution of learning, nor while kept at public expense in any
poor-house or other asylum, nor while confined in public prison.

SEC. 5. Voters shall in all cases, except treason, felony or breach of
the peace, be privileged from arrest during their attendance at
elections, and in going to and returning therefrom.

SEC. 6. No person except a qualified elector shall be elected or
appointed to any civil or military office in the State.

SEC. 7. The general election shall be held on the first Tuesday of
October, in the years of our Lord eighteen hundred and seventy-six,
eighteen hundred and seventy-seven, and eighteen hundred and
seventy-eight, and annually thereafter on such day as may be prescribed
by law.

SEC. 8. All elections by the people shall be by ballot; every ballot
voted shall be numbered in the order in which it shall be received, and
the number be recorded by the election officers on the list of voters
opposite the name of the voter who presents the ballot. The election
officers shall be sworn or affirmed not to enquire or disclose how any
elector shall have voted. In all cases of contested elections, the
ballots cast may be counted, compared with the list of voters, and
examined under such safeguards and regulations as may be prescribed by
law.

SEC. 9. In trials of contested elections, and for offenses arising under
the election law, no person shall be permitted to withhold his testimony
on the ground that it may criminate himself, or subject him to public
infamy; but such testimony shall not be used against him in any judicial
proceedings, except for perjury in giving such testimony.

SEC. 10. No person while confined in any public prison shall be entitled
to vote; but every such person who was a qualified elector prior to such
imprisonment, and who is released therefrom by virtue of a pardon, or by
virtue of having served out his full term of imprisonment, shall,
without further action, be invested with all the rights of citizenship,
except as otherwise provided in this Constitution.

SEC. 11. The General Assembly shall pass laws to secure the purity of
elections, and guard against abuses of the elective franchise.

SEC. 12. The General Assembly shall, by general law, designate the
courts and judges by whom the several classes of election contests, not
herein provided for, shall be tried, and regulate the manner of trial,
and all matters incident thereto; but no such law shall apply to any
contest arising out of an election held before its passage.

ARTICLE VIII.

STATE INSTITUTIONS.

SECTION 1. Educational, reformatory, and penal institutions, and those
for the benefit of the insane, blind, deaf and mute, and such other
institutions as the public good may require, shall be established and
supported by the State, in such manner as may be prescribed by law.

SEC. 2. The General Assembly shall have no power to change or to locate
the seat of government of the State, but shall at its first session
subsequent to the year of our Lord one thousand eight hundred and
eighty, provide by law for submitting the question of the permanent
location of the seat of government to the qualified electors of the
State, at the general election then next ensuing, and a majority of all
the votes upon said question cast at said election, shall be necessary
to determine the location thereof. Said General Assembly shall also
provide that in case there shall be no choice of location at said
election, the question of choice between the two places for which the
highest number of votes shall have been cast, shall be submitted in like
manner to the qualified electors of the State, at the next general
election: _Provided_, That until the seat of government shall have been
permanently located as herein provided, the temporary location thereof
shall remain at the city of Denver.

SEC. 3. When the seat of government shall have been located as herein
provided, the location thereof shall not thereafter be changed, except
by a vote of two-thirds of all the qualified electors of the State
voting on that question, at a general election, at which the question of
location of the seat of government shall have been submitted by the
General Assembly.

SEC. 4. The General Assembly shall make no appropriation or expenditures
for capitol buildings or grounds, until the seat of government shall
have been permanently located, as herein provided.

SEC. 5. The following Territorial institutions, to wit: The University
at Boulder, the Agricultural College at Fort Collins, the School of
Mines at Golden, the Institute for the education of Mutes at Colorado
Springs, shall, upon the adoption of this Constitution, become
institutions of the State of Colorado, and the management thereof
subject to the control of the State, under such laws and regulations as
the General Assembly shall provide; and the location of said
institutions, as well as all gifts, grants, and appropriations of money
and property, real and personal, heretofore made to said several
institutions, are hereby confirmed to the use and benefit of the same
respectively: _Provided_, This section shall not apply to any
institution, the property, real or personal, of which is now vested in
the trustees thereof, until such property be transferred by proper
conveyance, together with the control thereof, to the officers provided
for the management of said institution by this Constitution or by law.

ARTICLE IX.

EDUCATION.

SECTION 1. The general supervision of the public schools of the State
shall be vested in a Board of Education, whose powers and duties shall
be prescribed by law; the Superintendent of Public Instruction, the
Secretary of State, and Attorney General, shall constitute the Board, of
which the Superintendent of Public Instruction shall be President.

SEC. 2. The General Assembly shall, as soon as practicable, provide for
the establishment and maintenance of a thorough and uniform system of
free public schools throughout the State, wherein all residents of the
State between the ages of six and twenty-one years may be educated
gratuitously. One or more public schools shall be maintained in each
school district within the State, at least three months in each year;
any school district failing to have such school shall not be entitled to
receive any portion of the school fund for that year.

SEC. 3. The public school fund of the State shall forever remain
inviolate and intact; the interest thereon, only, shall be expended in
the maintenance of the schools of the State, and shall be distributed
amongst the several counties and school districts of the State, in such
manner as may be prescribed by law. No part of this fund, principal or
interest, shall ever be transferred to any other fund, or used or
appropriated except as herein provided. The State Treasurer shall be the
custodian of this fund, and the same shall be securely and profitably
invested as may be by law directed. The State shall supply all losses
thereof that may in any manner occur.

SEC. 4. Each County Treasurer shall collect all school funds belonging
to his county, and the several school districts therein, and disburse
the same to the proper districts upon warrants drawn by the County
Superintendent, or by the proper district authorities, as may be
provided by law.

SEC. 5. The public school fund of the State shall consist of the
proceeds of such lands as have heretofore been, or may hereafter be,
granted to the State by the General Government for educational
purposes; all estates that may escheat to the State; also all other
grants, gifts, or devises that may be made to this State for educational
purpose.

SEC. 6. There shall be a County Superintendent of Schools in each
county, whose term of office shall be two years, and whose duties,
qualifications and compensation shall be prescribed by law. He shall be
_ex officio_ Commissioner of Lands within his county, and shall
discharge the duties of said office under the direction of the State
Board of Land Commissioners, as directed by law.

SEC. 7. Neither the General Assembly, nor any county, city, town,
township, school district or other public corporation, shall ever make
any appropriation, or pay from any public fund or moneys whatever,
anything in aid of any church or sectarian society, or for any sectarian
purpose, or to help support or sustain any school, academy, seminary,
college, university, or other literary or scientific institution,
controlled by any church or sectarian denomination whatsoever; nor shall
any grant or donation of land, money, or other personal property, ever
be made by the State, or any such public corporation, to any church or
for any sectarian purpose.

SEC. 8. No religious test or qualification shall ever be required of any
person as a condition of admission into any public educational
institution of the State, either as teacher or student; and no teacher
or student of any such institution shall ever be required to attend, or
participate in, any religious service whatever. No sectarian tenets or
doctrines shall ever be taught in the public schools, nor shall any
distinction or classification of pupils be made on account of race or
color.

SEC. 9. The Governor, Superintendent of Public Instruction, Secretary of
State and Attorney General shall constitute the State Board of Land
Commissioners, who shall have the direction, control, and disposition of
the public lands of the State, under such regulations as may be
prescribed by law.

SEC. 10. It shall be the duty of the State Board of Land Commissioners
to provide for the location, protection, sale or other disposition of
all the lands heretofore, or which may hereafter be, granted to the
State by the general government, under such regulations as may be
prescribed by law; and in such manner as will secure the maximum
possible amount therefor. No law shall ever be passed by the General
Assembly granting any privileges to persons who may have settled upon
any such public lands subsequent to the survey thereof by the general
government, by which the amount to be derived by the sale, or other
disposition of such lands, shall be diminished, directly or indirectly.
The General Assembly shall, at the earliest practicable period, provide
by law that the several grants of land made by Congress to the State
shall be judiciously located and carefully preserved and held in trust,
subject to disposal, for the use and benefit of the respective objects
for which said grants of land were made, and the General Assembly shall
provide for the sale of said lands from time to time; and for the
faithful application of the proceeds thereof in accordance with the
terms of said grants.

SEC. 11. The General Assembly may require, by law, that every child of
sufficient mental and physical ability, shall attend the public school
during the period between the ages of six and eighteen years, for a time
equivalent to three years, unless educated by other means.

SEC. 12. There shall be elected by the qualified electors of the State,
at the first general election under this Constitution, six Regents of
the University, who shall immediately after their election be so
classified, by lot, that two shall hold their office for the term of two
years, two for four years, and two for six years; and every two years
after the first election there shall be elected two Regents of the
University, whose term of office shall be six years. The Regents thus
elected, and their successors, shall constitute a body corporate, to be
known by the name and style of “The Regents of the University of
Colorado.”

SEC. 13. The Regents of the University shall, at their first meeting, or
as soon thereafter as practicable, elect a President of the University,
who shall hold his office until removed by the Board of Regents for
cause; he shall be _ex officio_ a member of the Board, with the
privilege of speaking, but not voting, except in cases of a tie; he
shall preside at the meetings of the Board, and be the principal
executive officer of the University, and a member of the faculty
thereof.

SEC. 14. The Board of Regents shall have the general supervision of the
University, and the exclusive control and direction of all funds of, and
appropriations to, the University.

SEC. 15. The General Assembly shall, by law, provide for organization of
school districts of convenient size, in each of which shall be
established a Board of Education, to consist of three or more directors,
to be elected by the qualified electors of the district. Said directors
shall have control of instruction in the public schools of their
respective districts.

SEC. 16. Neither the General Assembly nor the State Board of Education
shall have power to prescribe text books to be used in the public
schools.

ARTICLE X.

REVENUE.

SECTION 1. The fiscal year shall commence on the first day of October in
each year, unless otherwise provided by law.

SEC. 2. The General Assembly shall provide by law for an annual tax
sufficient, with other resources, to defray the estimated expenses of
the State government for each fiscal year.

SEC. 3. All taxes shall be uniform upon the same class of subjects
within the territorial limits of the authority levying the tax, and
shall be levied and collected under general laws, which shall prescribe
such regulations as shall secure a just valuation for taxation of all
property, real and personal: _Provided_, That mines and mining claims
bearing gold, silver, and other precious metals (except the net proceeds
and surface improvements thereof), shall be exempt from taxation for the
period of ten years from the date of the adoption of this Constitution,
and thereafter may be taxed as provided by law. Ditches, canals, and
flumes owned and used by individuals or corporations for irrigating
lands owned by such individuals or corporations, or the individual
members thereof, shall not be separately taxed, so long as they shall be
owned and used exclusively for such purpose.

SEC. 4. The property, real and personal, of the State, counties, cities,
towns and other municipal corporations, and public libraries shall be
exempt from taxation.

SEC. 5. Lots, with the buildings thereon, if said buildings are used
solely and exclusively for religious worship, for schools, or for
strictly charitable purposes, also cemeteries not used or held for
private or corporate profit, shall be exempt from taxation, unless
otherwise provided by general law.

SEC. 6. All laws exempting from taxation property other than that
hereinbefore mentioned, shall be void.

SEC. 7. The General Assembly shall not impose taxes for the purposes of
any county, city, town, or other municipal corporation, but may, by law,
vest in the corporate authorities thereof respectively the power to
assess and collect taxes for all purposes of such corporation.

SEC. 8. No county, city, town, or other municipal corporation, the
inhabitants thereof, nor the property therein, shall be released or
discharged from their or its proportionate share of taxes to be levied
for State purposes.

SEC. 9. The power to tax corporations and corporate property, real and
personal, shall never be relinquished or suspended.

SEC. 10. All corporations in this State, or doing business therein,
shall be subject to taxation for State, county, school, municipal, and
other purposes, on the real and personal property owned or used by them
within the territorial limits of the authority levying the tax.

SEC. 11. The rate of taxation on property, for State purposes, shall
never exceed six mills on each dollar of valuation; and whenever the
taxable property within the State shall amount to one hundred million
dollars, the rate shall not exceed four mills on each dollar of
valuation; and whenever the taxable property within the State shall
amount to three hundred million dollars, the rate shall never thereafter
exceed two mills on each dollar of valuation, unless a proposition to
increase such rate, specifying the rate proposed, and the time during
which the same shall be levied, be first submitted to a vote of such of
the qualified electors of the State as, in the year next preceding such
election, shall have paid a property tax assessed to them within the
State, and a majority of those voting thereon shall vote in favor
thereof, in such manner as may be provided by law.

SEC. 12. The Treasurer shall keep a separate account of each fund in his
hands; and shall, at the end of each quarter of the fiscal year, report
to the Governor in writing, under oath, the amount of all moneys in his
hands to the credit of every such fund, and the place where the same are
kept or deposited, and the number and amount of every warrant received,
and the number and amount of every warrant paid therefrom during the
quarter. Swearing falsely to any such report shall be deemed perjury.
The Governor shall cause every such report to be immediately published
in at least one newspaper printed at the seat of government, and
otherwise as the General Assembly may require. The General Assembly may
provide by law further regulations for the safe-keeping and management
of the public funds in the hands of the Treasurer; but, notwithstanding
any such regulation, the Treasurer and his sureties shall in all cases
be held responsible therefor.

SEC. 13. The making of profit, directly or indirectly, out of State,
county, city, town or school district money, or using the same for any
purpose not authorized by law, by any public officer, shall be deemed a
felony, and shall be punished as provided by law.

SEC. 14. Private property shall not be taken or sold for the payment of
the corporate debt of municipal corporations.

SEC. 15. There shall be a State Board of Equalization, consisting of
the Governor, State Auditor, State Treasurer, Secretary of State, and
Attorney General; also, in each county of this State, a County Board of
Equalization, consisting of the Board of County Commissioners of said
county. The duty of the State Board of Equalization shall be to adjust
and equalize the valuation of real and personal property among the
several counties of the State. The duty of the County Board of
Equalization shall be to adjust and equalize the valuation of real and
personal property within their respective counties. Each board shall
also perform such other duties as may be prescribed by law.

SEC. 16. No appropriation shall be made, nor any expenditure authorized
by the General Assembly, whereby the expenditure of the State, during
any fiscal year, shall exceed the total tax then provided for by law and
applicable for such appropriation or expenditure, unless the General
Assembly making such appropriation shall provide for levying a
sufficient tax, not exceeding the rates allowed in section eleven of
this article, to pay such appropriation or expenditure within such
fiscal year. This provision shall not apply to appropriations or
expenditures to suppress insurrection, defend the State, or assist in
defending the United States in time of war.

ARTICLE XI.

PUBLIC INDEBTEDNESS.

SECTION 1. Neither the State, nor any county, city, town, township, or
school district, shall lend or pledge the credit or faith thereof,
directly or indirectly, in any manner to, or in aid of, any person,
company, or corporation, public or private, for any amount or for any
purpose whatever, or become responsible for any debt, contract or
liability of any person, company or corporation, public or private, in
or out of the State.

SEC. 2. Neither the State nor any county, city, town, township, or
school district shall make any donation or grant to, or in aid of, or
become a subscriber to, or shareholder in, any corporation or company,
or a joint owner with any person, company, or corporation, public or
private, in or out of the State, except as to such ownership as may
accrue to the State by escheat, or by forfeiture, by operation or
provision of law; and except as to such ownership as may accrue to the
State, or to any county, city, town, township, or school district, or to
either or any of them, jointly with any person, company, or corporation,
by forfeiture or sale of real estate for non-payment of taxes, or by
donation or devise for public use, or by purchase by or on behalf of any
or either of them, jointly with any or either of them, under execution
in cases of fines, penalties, or forfeiture of recognizance, breach of
condition of official bond, or of bond to secure public moneys, or the
performance of any contract in which they, or any of them, may be
jointly or severally interested.

SEC. 3. The State shall not contract any debt by loan in any form,
except to provide for casual deficiencies of revenue, erect public
buildings for use of the State, suppress insurrection, defend the State,
or, in time of war, assist in defending the United States; and the
amount of debt contracted in any one year to provide for deficiencies of
the revenue shall not exceed one-fourth of a mill on each dollar of
valuation of taxable property within the State, and the aggregate amount
of such debt shall not at any time exceed three-fourths of a mill on
each dollar of said valuation until the valuation shall equal one
hundred millions of dollars, and thereafter such debt shall not exceed
one hundred thousand dollars, and the debt incurred in any one year for
erection of public buildings shall not exceed one-half mill on each
dollar of said valuation, and the aggregate amount of such debt shall
never at any time exceed the sum of fifty thousand dollars (except as
provided in section five of this article), and in all cases the
valuation in this section mentioned shall be that of the assessment last
preceding the creation of said debt.

SEC. 4. In no case shall any debt above mentioned in this article be
created except by a law which shall be irrepealable until the
indebtedness therein provided for shall have been fully paid or
discharged; such law shall specify the purposes to which the funds so
raised shall be applied, and provide for the levy of a tax sufficient to
pay the interest on, and extinguish the principal of, such debt, within
the time limited by such law for the payment thereof, which in the case
of debts contracted for the erection of public buildings and supplying
deficiencies of revenue, shall not be less than ten nor more than
fifteen years, and the funds arising from the collection of any such tax
shall not be applied to any other purpose than that provided in the law
levying the same; and when the debt thereby created shall be paid or
discharged, such tax shall cease, and the balance, if any, to the credit
of the fund, shall immediately be placed to the credit of the general
fund of the State.

SEC. 5. A debt for the purpose of erecting public buildings may be
created by law, as provided for in section four of this article, not
exceeding in the aggregate three mills on each dollar of said valuation:
_Provided_, That before going into effect, such law shall be ratified by
the vote of a majority of such qualified electors of the State as shall
vote thereon at a general election, under such regulations as the
General Assembly may prescribe.

SEC. 6. No county shall contract any debt by loan in any form, except
for the purpose of erecting necessary public buildings, making or
repairing public roads and bridges; and such indebtedness contracted in
any one year shall not exceed the rates upon the taxable property in
such county, following, to wit: Counties in which the assessed valuation
of taxable properly shall exceed five millions of dollars, one dollar
and fifty cents on each thousand dollars thereof. Counties in which such
valuation shall be less than five millions of dollars, three dollars on
each thousand dollars thereof. And the aggregate amount of indebtedness
of any county for all purposes, exclusive of debts contracted before the
adoption of this Constitution, shall not at any time exceed twice the
amount above herein limited, unless when in manner provided by law, the
question of incurring such debt shall, at a general election, be
submitted to such of the qualified electors of such county as in the
year last preceding such election shall have paid a tax upon property
assessed to them in such county, and a majority of those voting thereon
shall vote in favor of incurring the debt, but the bonds, if any be
issued therefor, shall not run less than ten years, and the aggregate
amount of debt so contracted shall not at any time exceed twice the rate
upon the valuation last herein mentioned: _Provided_, That this section
shall not apply to counties having a valuation of less than one million
of dollars.

SEC. 7. No debt by loan in any form shall be contracted by any school
district for the purpose of erecting and furnishing school buildings, or
purchasing grounds, unless the proposition to create such debt shall
first be submitted to such qualified electors of the districts as shall
have paid a school tax therein, in the year next preceding such
election, and a majority of those voting thereon shall vote in favor of
incurring such debt.

SEC. 8. No city or town shall contract any debt by loan in any form,
except by means of an ordinance, which shall be irrepealable until the
indebtedness therein provided for shall have been fully paid or
discharged; specifying the purposes to which the funds to be raised
shall be applied, and providing for the levy of a tax, not exceeding
twelve mills on each dollar of valuation of taxable property within such
city or town, sufficient to pay the annual interest, and extinguish the
principal of such debt within fifteen, but not less than ten years from
the creation thereof; and such tax when collected shall be applied only
to the purposes in such ordinance specified, until the indebtedness
shall be paid or discharged. But no such debt shall be created unless
the question of incurring the same shall, at a regular election for
councilmen, aldermen, or officers of such city or town, be submitted to
a vote of such qualified electors thereof as shall, in the year next
preceding, have paid a property tax therein, and a majority of those
voting on the question, by ballot deposited in a separate ballot-box,
shall vote in favor of creating such debt; but the aggregate amount of
debt so created, together with the debt existing at the time of such
election, shall not at any time exceed three per cent. of the valuation
last aforesaid. Debts contracted for supplying water to such city or
town are excepted from the operation of this section. The valuation in
this section mentioned shall be in all cases that of the assessment next
preceding the last assessment before the adoption of such ordinance.

SEC. 9. Nothing contained in this article shall be so construed as to
either impair or add to the obligation of any debt heretofore contracted
by any county, city, town, or school district, in accordance with the
laws of Colorado Territory, or prevent the contracting of any debt, or
the issuing of bonds therefor, in accordance with said laws, upon any
proposition for that purpose which may have been, according to said
laws, submitted to a vote of the qualified electors of any county, city,
town, or school district before the day on which this Constitution takes
effect.

ARTICLE XII.

OFFICERS.

SECTION 1. Every person holding any civil office under the State or any
municipality therein, shall, unless removed according to law, exercise
the duties of such office until his successor is duly qualified; but
this shall not apply to members of the General Assembly, nor to members
of any board or assembly, two or more of whom are elected at the same
time; the General Assembly may by law provide for suspending any officer
in his functions, pending impeachment or prosecution for misconduct in
office.

SEC. 2. No person shall hold any office or employment of trust or
profit, under the laws of the State or any ordinance of any municipality
therein, without devoting his personal attention to the duties of the
same.

SEC. 3. No person who is now or hereafter may become a collector or
receiver of public money, or the deputy or assistant of such collector
or receiver, and who shall have become a defaulter in his office, shall
be eligible to or assume the duties of any office of trust or profit in
this State, under the laws thereof, or of any municipality therein,
until he shall have accounted for and paid over all public money for
which he may be accountable.

SEC. 4. No person hereafter convicted of embezzlement of public moneys,
bribery, perjury, solicitation of bribery, or subornation of perjury,
shall be eligible to the General Assembly, or capable of holding any
office of trust or profit in this State.

SEC. 5. The District Court of each county shall, at each term thereof,
specially give in charge to the grand jury, if there be one, the laws
regulating the accountability of the County Treasurer, and shall appoint
a committee of such grand jury, or of other reputable persons, not
exceeding five, to investigate the official accounts and affairs of the
Treasurer of such county, and report to the Court the condition thereof.
The Judge of the District Court may appoint a like committee in vacation
at any time, but not oftener than once in every three months. The
District Court of the county wherein the seat of government may be,
shall have the like power to appoint committees to investigate the
official accounts and affairs of the State Treasurer and the Auditor of
State.

SEC. 6. Any civil officer or member of the General Assembly who shall
solicit, demand or receive, or consent to receive, directly or
indirectly, for himself or for another, from any company, corporation or
person, any money, office, appointment, employment, testimonial, reward,
thing of value or enjoyment, or of personal advantage or promise
thereof, for his vote, official influence or action, or for withholding
the same, or with an understanding that his official influence or action
shall be in any way influenced thereby, or who shall solicit or demand
any such money or advantage, matter or thing aforesaid for another, as
the consideration of his vote, official influence or action, or for
withholding the same, or shall give or withhold his vote, official
influence or action, in consideration of the payment or promise of such
money, advantage, matter or thing to another, shall be held guilty of
bribery, or solicitation of bribery, as the case may be, within the
meaning of the Constitution, and shall incur the disabilities provided
thereby for such offense, and such additional punishment as is or shall
be prescribed by law.

SEC. 7. Every member of the General Assembly shall, before he enters
upon his official duties, take an oath or affirmation to support the
Constitution of the United States and of the State of Colorado, and to
faithfully perform the duties of his office according to the best of his
ability. This oath or affirmation shall be administered in the hall of
the House to which the member shall have been elected.

SEC. 8. Every civil officer, except members of the General Assembly and
such inferior officers as may be by law exempted, shall, before he
enters upon the duties of his office, take and subscribe an oath or
affirmation to support the Constitution of the United States and of the
State of Colorado, and to faithfully perform the duties of the office
upon which he shall be about to enter.

SEC. 9. Officers of the Executive Department and Judges of the Supreme
and District Courts, and District Attorneys, shall file their oaths of
office with the Secretary of State; every other officer shall file his
oath of office with the County Clerk of the county wherein he shall have
been elected.

SEC. 10. If any person elected or appointed to any office shall refuse
or neglect to qualify therein within the time prescribed by law, such
office shall be deemed vacant.

SEC. 11. The term of office of any officer elected to fill a vacancy
shall terminate at the expiration of the term during which the vacancy
occurred.

SEC. 12. No person who shall hereafter fight a duel, or assist in the
same as a second, or send, accept or knowingly carry a challenge
therefor, or agree to go out of the State to fight a duel, shall hold
any office in the State.

ARTICLE XIII.

IMPEACHMENTS.

SECTION 1. The House of Representatives shall have the sole power of
impeachment. The concurrence of a majority of all the members shall be
necessary to an impeachment. All impeachments shall be tried by the
Senate, and when sitting for that purpose, the Senators shall be upon
oath or affirmation to do justice according to law and evidence. When
the Governor or Lieutenant Governor is on trial, the Chief Justice of
the Supreme Court shall preside. No person shall be convicted without a
concurrence of two-thirds of the Senators elected.

SEC. 2. The Governor and other State and Judicial Officers, except
County Judges and Justices of the Peace, shall be liable to impeachment
for high crimes or misdemeanors, or malfeasance in office, but judgment
in such cases shall only extend to removal from office and
disqualification to hold any office of honor, trust or profit in the
State. The party, whether convicted or acquitted, shall, nevertheless,
be liable to prosecution, trial, judgment and punishment according to
law.

SEC. 3. All officers not liable to impeachment shall be subject to
removal for misconduct or malfeasance in office, in such manner as may
be provided by law.

ARTICLE XIV.

COUNTIES.

SECTION 1. The several counties of the Territory of Colorado, as they
now exist, are hereby declared to be counties of the State.

SEC. 2. The General Assembly shall have no power to remove the county
seat of any county, but the removal of county seats shall be provided
for by general law, and no county seat shall be removed unless a
majority of the qualified electors of the county, voting on the
proposition at a general election, vote therefor; and no such
proposition shall be submitted oftener than once in four years, and no
person shall vote on such proposition who shall not have resided in the
county six months, and in the election precinct ninety days next
preceding such election.

SEC. 3. No part of the territory of any county shall be stricken off and
added to an adjoining county, without first submitting the question to
the qualified voters of the county from which the territory is proposed
to be stricken off; nor unless a majority of all the qualified voters of
said county voting on the question shall vote therefor.

SEC. 4. In all cases of the establishment of any new county, the new
county shall be held to pay its ratable proportion of all then existing
liabilities of the county or counties from which such new county shall
be formed.

SEC. 5. When any part of the county is stricken off and attached to
another county, the part stricken off shall be held to pay its ratable
proportion of all then existing liabilities of the county from which it
is taken.

COUNTY OFFICERS.

SEC. 6. In each county there shall be elected for the term of three
years, three County Commissioners, who shall hold sessions for the
transaction of county business as provided by law; any two of whom shall
constitute a quorum for the transaction of business. One of said
commissioners shall be elected on the first Tuesday of October, eighteen
hundred and seventy-six, and every year thereafter one such officer
shall be elected in each county, at the general election, for the term
of three years: _Provided_, That when the population of any county shall
exceed ten thousand, the Board of County Commissioners may consist of
five members, who shall be elected as provided by law, any three of
whom shall constitute a quorum for the transaction of business.

SEC. 7. The compensation of all county and precinct officers shall be as
provided by law.

SEC. 8. There shall be elected in each county, on the first Tuesday of
October, in the year one thousand eight hundred and seventy-seven, and
every alternate year forever thereafter, one County Clerk, who shall be
_ex-officio_ Recorder of Deeds and Clerk of the Board of County
Commissioners; one Sheriff, one Coroner, one Treasurer, who shall be
collector of taxes; one County Superintendent of Schools, one County
Surveyor, and one County Assessor.

SEC. 9. In case of a vacancy occurring in the office of County
Commissioner, the Governor shall fill the same by appointment; and in
the case of a vacancy in any other county office, or in any precinct
office, the Board of County Commissioners shall fill the same by
appointment; and the person appointed shall hold the office until the
next general election, or until the vacancy be filled by election
according to law.

SEC. 10. No person shall be eligible to any county office unless he be a
qualified elector; nor unless he shall have resided in the county one
year preceding his election.

SEC. 11. There shall, at the first election at which county officers are
chosen, and annually thereafter, be elected in each precinct one Justice
of the Peace and one Constable, who shall each hold his office for the
term of two years: _Provided_, That in precincts containing five
thousand or more inhabitants, the number of justices and constables may
be increased as provided by law.

SEC. 12. The General Assembly shall provide for the election or
appointment of such other county, township, precinct and municipal
officers as public convenience may require; and their terms of office
shall be as prescribed by law, not in any case to exceed two years.

SEC. 13. The General Assembly shall provide, by general laws, for the
organization and classification of cities and towns. The number of such
classes shall not exceed four, and the powers of each class shall be
defined by general laws, so that all municipal corporations of the same
class shall possess the same powers, and be subject to the same
restrictions.

SEC. 14. The General Assembly shall also make provision, by general law,
whereby any city, town or village, incorporated by any special or local
law, may elect to become subject to and be governed by the general law
relating to such corporations.

SEC. 15. For the purpose of providing for and regulating the
compensation of county and precinct officers, the General Assembly
shall, by law, classify the several counties of the State according to
population, and shall grade and fix the compensation of the officers
within the respective classes according to the population thereof. Such
law shall establish scales of fees to be charged and collected by such
of the county and precinct officers as may be designated therein, for
services to be performed by them respectively; and where salaries are
provided, the same shall be payable only out of the fees actually
collected in all cases where fees are prescribed. All fees, perquisites
and emoluments, above the amount of such salaries, shall be paid into
the county treasury.

ARTICLE XV.

CORPORATIONS.

SECTION 1. All existing charters or grants of special or exclusive
privileges, under which the corporators or grantees shall not have
organized and commenced business in good faith at the time of the
adoption of this Constitution, shall thereafter have no validity.

SEC. 2. No charter of incorporations shall be granted, extended, changed
or amended by special law, except for such municipal, charitable,
educational, penal or reformatory corporations as are or may be under
the control of the State; but the General Assembly shall provide by
general laws for the organization of corporations hereafter to be
created.

SEC. 3. The General Assembly shall have the power to alter, revoke or
annul any charter of incorporation now existing and revocable at the
adoption of this Constitution, or any that may hereafter be created,
whenever in their opinion it may be injurious to the citizens of the
State, in such manner, however, that no injustice shall be done to the
corporators.

SEC. 4. All railroads shall be public highways, and all railroad
companies shall be common carriers. Any association or corporation
organized for the purpose, shall have the right to construct and operate
a railroad between any designated points within this State, and to
connect at the State line with railroads of other States and
Territories. Every railroad company shall have the right with its road
to intersect, connect with or cross any other railroad.

SEC. 5. No railroad corporation or the lessees or managers thereof,
shall consolidate its stock, property or franchises with any other
railroad corporation owning or having under its control a parallel or
competing line.

SEC. 6. All individuals, associations and corporations shall have equal
rights to have persons and property transported over any railroad in
this State, and no undue or unreasonable discrimination shall be made in
charges or in facilities for transportation of freight or passengers
within the State, and no railroad company, nor any lessee, manager or
employe thereof, shall give any preference to individuals, associations,
or corporations in furnishing cars or motive power.

SEC. 7. No railroad or other transportation company in existence, at the
time of the adoption of this Constitution, shall have the benefit of any
future legislation without first filing in the office of the Secretary
of State an acceptance of the provisions of this Constitution in binding
form.

SEC. 8. The right of eminent domain shall never be abridged, nor so
construed as to prevent the General Assembly from taking the property
and franchises of incorporated companies and subjecting them to public
use, the same as the property of individuals; and the police powers of
the State shall never be abridged, or so construed as to permit
corporations to conduct their business in such manner as to infringe the
equal rights of individuals, or the general well-being of the State.

SEC. 9. No corporation shall issue stocks or bonds, except for labor
done, services performed, or money or property actually received, and
all fictitious increase of stock or indebtedness shall be void. The
stock of corporations shall not be increased except in pursuance of
general law, nor without the consent of the persons holding a majority
of the stock, first obtained at a meeting held after at least thirty
days’ notice given in pursuance of law.

SEC. 10. No foreign corporation shall do any business in this State
without having one or more known places of business, and an authorized
agent or agents in the same, upon whom process may be served.

SEC. 11. No street railroad shall be constructed within any city, town,
or incorporated village, without the consent of the local authorities
having the control of the street or highway proposed to be occupied by
such street railroad.

SEC. 12. The General Assembly shall pass no law for the benefit of a
railroad or other corporation, or any individual, or association of
individuals, retrospective in its operation, or which imposes on the
people of any county or municipal subdivision of the State, a new
liability in respect to transactions or considerations already past.

SEC. 13. Any association or corporation, or the lessees or managers
thereof, organized for the purpose, or any individual, shall have the
right to construct and maintain lines of telegraph within this State,
and to connect the same with other lines, and the General Assembly
shall, by general law of uniform operation, provide reasonable
regulations to give full effect to this section. No telegraph company
shall consolidate with, or hold a controlling interest in, the stock or
bonds of any other telegraph company owning or having the control of a
competing line, or acquire, by purchase or otherwise, any other
competing line of telegraph.

SEC. 14. If any railroad, telegraph, express, or other corporation
organized under any of the laws of this State, shall consolidate, by
sale or otherwise, with any railroad, telegraph, express, or other
corporation organized under any laws of any other State or Territory, or
of the United States, the same shall not thereby become a foreign
corporation, but the courts of this State shall retain jurisdiction over
that part of the corporate property within the limits of the State in
all matters which may arise, as if said consolidation had not taken
place.

SEC. 15. It shall be unlawful for any person, company or corporation to
require of its servants or employes, as a condition of their employment
or otherwise, any contract or agreement whereby such person, company or
corporation shall be released or discharged from liability or
responsibility on account of personal injuries received by such servants
or employes while in the service of such person, company or corporation,
by reason of the negligence of such person, company or corporation, or
the agents or employes thereof, and such contracts shall be absolutely
null and void.

ARTICLE XVI.

MINING AND IRRIGATION.

MINING.

SECTION 1. There shall be established and maintained the office of
Commissioner of Mines, the duties and salary of which shall be
prescribed by law. When said office shall be established, the Governor
shall, with the advice and consent of the Senate, appoint thereto a
person known to be competent, whose term of office shall be four years.

SEC. 2. The General Assembly shall provide by law for the proper
ventilation of mines, the construction of escapement shafts, and such
other appliances as may be necessary to protect the health and secure
the safety of the workmen therein, and shall prohibit the employment in
the mines of children under twelve years of age.

SEC. 3. The General Assembly may make such regulations, from time to
time, as may be necessary for the proper and equitable drainage of
mines.

SEC. 4. The General Assembly may provide that the science of mining and
metallurgy be taught in one or more of the institutions of learning
under the patronage of the State.

IRRIGATION.

SEC. 5. The water of every natural stream, not heretofore appropriated,
within the State of Colorado, is hereby declared to be the property of
the public, and the same is dedicated to the use of the people of the
State, subject to appropriation as hereinafter provided.

SEC. 6. The right to divert the unappropriated waters of any natural
stream to beneficial uses shall never be denied. Priority of
appropriation shall give the better right as between those using the
water for the same purpose; but when the waters of any natural stream
are not sufficient for the service of all those desiring the use of the
same, those using the water for domestic purposes shall have the
preference over those claiming for any other purpose, and those using
the water for agricultural purposes shall have preference over those
using the same for manufacturing purposes.

SEC. 7. All persons and corporations shall have the right of way across
public, private, and corporate lands for the construction of ditches,
canals and flumes, for the purpose of conveying water for domestic
purposes, for the irrigation of agricultural lands, and for mining and
manufacturing purposes, and for drainage, upon payment of just
compensation.

SEC. 8. The General Assembly shall provide by law that the Board of
County Commissioners, in their respective counties, shall have power,
when application is made to them by either party interested, to
establish reasonable maximum rates to be charged for the use of water,
whether furnished by individuals or corporations.

ARTICLE XVII.

MILITIA.

SECTION 1. The militia of the State shall consist of all able-bodied
male residents of the State, between the ages of eighteen and forty-five
years; except such persons as may be exempted by the laws of the United
States, or of the State.

SEC. 2. The organization, equipment and discipline of the militia shall
conform, as nearly as practicable, to the regulations for the government
of the armies of the United States.

SEC. 3. The Governor shall appoint all general, field and staff
officers, and commission them. Each company shall elect its own
officers, who shall be commissioned by the Governor; but if any company
shall fail to elect such officers within the time prescribed by law,
they may be appointed by the Governor.

SEC. 4. The General Assembly shall provide for the safe-keeping of the
public arms, military records, relics and banners of the State.

SEC. 5. No person having conscientious scruples against bearing arms
shall be compelled to do militia duty in time of peace: _Provided_, such
person shall pay an equivalent for such exemption.

ARTICLE XVIII.

MISCELLANEOUS.

SECTION 1. The General Assembly shall pass liberal homestead and
exemption laws.

SEC. 2. The General Assembly shall have no power to authorize lotteries
or gift enterprises for any purpose, and shall pass laws to prohibit the
sale of lottery or gift enterprise tickets in this State.

SEC. 3. It shall be the duty of the General Assembly to pass such laws
as may be necessary and proper to decide differences by arbitrators, to
be appointed by mutual agreement of the parties to any controversy, who
may choose that mode of adjustment. The powers and duties of such
arbitrators shall be as prescribed by law.

SEC. 4. The term felony, wherever it may occur in this Constitution, or
the laws of the State, shall be construed to mean any criminal offense
punishable by death or imprisonment in the penitentiary, and none other.

SEC. 5. The General Assembly shall prohibit by law the importation into
this State, for the purpose of sale, of any spurious, poisonous, or
drugged spirituous liquors, or spirituous liquors adulterated with any
poisonous or deleterious substance, mixture or compound; and shall
prohibit the compounding or manufacture within this State, except for
chemical or mechanical purposes, of any of said liquors, whether they be
denominated spirituous, vinous, malt or otherwise; and shall also
prohibit the sale of any such liquors to be used as a beverage, and any
violation of either of said prohibitions shall be punished by fine and
imprisonment. The General Assembly shall provide by law for the
condemnation and destruction of all spurious, poisonous, or drugged
liquors herein prohibited.

SEC. 6. The General Assembly shall enact laws in order to prevent the
destruction of, and to keep in good preservation, the forests upon the
lands of the State, or upon lands of the public domain, the control of
which shall be conferred by Congress upon the State.

SEC. 7. The General Assembly may provide that the increase in the value
of private lands, caused by the planting of hedges, orchards, and
forests thereon, shall not, for a limited time, to be fixed by law, be
taken into account in assessing such lands for taxation.

SEC. 8. The General Assembly shall provide for the publication of the
laws passed at each session thereof; and, until the year 1900, they
shall cause to be published in Spanish and German, a sufficient number
of copies of said laws to supply that portion of the inhabitants of the
State who speak those languages, and who may be unable to read and
understand the English language.

ARTICLE XIX.

FUTURE AMENDMENTS.

SECTION 1. The General Assembly may, at any time, by a vote of
two-thirds of the members elected to each house, recommend to the
electors of the State, to vote at the next general election, for or
against a Convention to revise, alter and amend this Constitution; and
if a majority of those voting on the question shall declare in favor of
such Convention, the General Assembly shall, at its next session,
provide for the calling thereof. The number of members of the Convention
shall be twice that of the Senate, and they shall be elected in the same
manner, at the same places, and in the same districts. The General
Assembly shall, in the act calling the Convention, designate the day,
hour and place of its meeting; fix the pay of its members and officers,
and provide for the payment of the same, together with the necessary
expenses of the Convention. Before proceeding the members shall take an
oath to support the Constitution of the United States and of the State
of Colorado, and to faithfully discharge their duties as members of the
Convention. The qualifications of members shall be the same as of
members of the Senate, and vacancies occurring shall be filled in the
manner provided for filling vacancies in the General Assembly. Said
Convention shall meet within three months after such election, and
prepare such revisions, alterations or amendments to the Constitution as
may be deemed necessary, which shall be submitted to the electors for
their ratification or rejection at an election appointed by the
Convention for that purpose, not less than two nor more than six months
after the adjournment thereof; and unless so submitted and approved by a
majority of the electors voting at the election, no such revision,
alteration or amendment shall take effect.

SEC. 2. Any amendment or amendments to this Constitution may be proposed
in either House of the General Assembly, and if the same shall be voted
for by two-thirds of all the members elected to each House, such
proposed amendments, together with the ayes and noes of each House
thereon, shall be entered in full on their respective journals; and the
Secretary of State shall cause the said amendment or amendments to be
published in full in at least one newspaper in each county (if such
there be), for three months previous to the next general election for
members to the General Assembly; and at said election the said amendment
or amendments shall be submitted to the qualified electors of the State
for their approval or rejection, and such as are approved by a majority
of those voting thereon, shall become part of this Constitution; but the
General Assembly shall have no power to propose amendments to more than
one article of this Constitution at the same session.

SCHEDULE.

That no inconvenience may arise by reason of the change in the form of
government, it is hereby ordained and declared:

SECTION 1. That all laws in force at the adoption of this Constitution
shall, so far as not inconsistent therewith, remain of the same force as
if this Constitution had not been adopted until they expire by their own
limitation, or are altered or repealed by the General Assembly; and all
rights, actions, prosecutions, claims and contracts of the Territory of
Colorado, counties, individuals or bodies corporate (not inconsistent
therewith), shall continue as if the form of government had not been
changed and this Constitution adopted.

SEC. 2. That all recognizances, obligations and all other instruments
entered into or executed before the admission of the State, to the
Territory of Colorado, or to any county, school district, or other
municipality therein, or any officer thereof, and all fines, taxes,
penalties, and forfeitures due or owing to the Territory of Colorado, or
any such county, school district or municipality, or officer, and all
writs, prosecutions, actions and causes of action, except as herein
otherwise provided, shall continue and remain unaffected by the change
of the form of government. All indictments which shall have been found,
or may hereafter be found, and all informations which shall have been
filed, or may hereafter be filed, for any crime or offense committed
before this Constitution takes effect, may be proceeded upon as if no
change had taken place, except as otherwise provided in the
Constitution.

SEC. 3. That all property, real and personal, and all moneys, credits,
claims, and choses in action, belonging to the Territory of Colorado,
at the adoption of this Constitution, shall be vested in and become the
property of the State of Colorado.

SEC. 4. The General Assembly shall pass all necessary laws to carry into
effect the provisions of the Constitution.

SEC. 5. Whenever any two of the Judges of the Supreme Court of the
State, elected or appointed under the provisions of this Constitution,
shall have qualified in their office the causes theretofore pending in
the Supreme Court of the Territory, and the papers, records and
proceedings of said court, and the seal and other property pertaining
thereto, shall pass into the jurisdiction and possession of the Supreme
Court of the State; and, until so superceded, the Supreme Court of the
Territory, and the Judges thereof, shall continue with like powers and
jurisdiction as if this Constitution had not been adopted. Whenever the
Judge of the District Court of any district, elected or appointed under
the provisions of this Constitution, shall have qualified in his office,
the several causes theretofore pending in the District Court of the
Territory, within any county in such district, and the records, papers,
and proceedings of said District Court, and the seal and other property
pertaining thereto, shall pass into the jurisdiction and possession of
the District Court of the State for such county, and until the district
courts of the Territory shall be superceded in manner aforesaid, the
said district courts and the Judges thereof shall continue with the same
jurisdiction and powers to be exercised in the same judicial districts
respectively as heretofore constituted under the laws of the Territory.

SEC. 6. The terms of office of the several Judges of the Supreme and
District Courts and the District Attorneys of the several judicial
districts first elected under this Constitution, shall commence from the
day of filing their respective oaths of office in the office of the
Secretary of State.

SEC. 7. Until otherwise provided by law, the seals now in use in the
Supreme and District Courts of this Territory are hereby declared to be
the seals of the Supreme and District Courts respectively of the State.

SEC. 8. Whenever this Constitution shall go into effect, the books,
records, papers and proceedings of the Probate Court in each county, and
all causes and matters of administration pending therein, shall pass
into the jurisdiction and possession of the County Court of the same
county, and the said County Court shall proceed to final decree or
judgment, order or other determination, in the said several matters and
causes as the said Probate Court might have done if this Constitution
had not been adopted. And until the election of the County Judges
provided for in this Constitution, the Probate Judges shall act as
Judges of the County Courts within their respective counties, and the
seal of the Probate Court in each county shall be the seal of the County
Court therein until the said court shall have procured a proper seal.

SEC. 9. The terms “Probate Court” or “Probate Judge,” whenever occurring
in the statutes of Colorado Territory, shall, after the adoption of this
Constitution, be held to apply to the County Court or County Judge; and
all laws specially applicable to the Probate Court in any county, shall
be construed to apply to and be in force as to the County Court in the
same county, until repealed.

SEC. 10. All county and precinct officers who may be in office at the
time of the adoption of this Constitution, shall hold their respective
offices for the full time for which they may have been elected, and
until such time as their successors may be elected and qualified, in
accordance with the provisions of this Constitution, and the official
bonds of all such officers shall continue in full force and effect as
though this Constitution had not been adopted.

SEC. 11. All county offices that may become vacant during the year one
thousand eight hundred and seventy-six, by the expiration of the term of
the persons elected to said offices, shall be filled at the general
election on the first Tuesday in October, in the year one thousand eight
hundred and seventy-six, and, except County Commissioners, the persons
so elected shall hold their respective offices for the term of one year.

SEC. 12. The provisions of this Constitution shall be in force from the
day on which the President of the United States shall issue his
proclamation declaring the State of Colorado admitted into the Union;
and the Governor, Secretary, Treasurer, Auditor, and Superintendent of
Public Instruction of the Territory of Colorado shall continue to
discharge the duties of their respective offices after the admission of
the State into the Union, until the qualification of the officers
elected or appointed under the State government; and said officers, for
the time they may serve, shall receive the same compensation as the
State officers shall by law be paid for like services.

SEC. 13. In case of a contest of election between candidates, at the
first general election under this Constitution, for Judges of the
Supreme, District, or County Courts, or District Attorneys, the evidence
shall be taken in the manner prescribed by Territorial law; and the
testimony so taken shall be certified to the Secretary of State, and
said officer, together with the Governor and Attorney General, shall
review the testimony and determine who is entitled to the certificate of
election.

SEC. 14. The votes at the first general election under this Constitution
for the several offices provided for in this Constitution who are to be
elected at the first election, shall be canvassed in the manner
prescribed by the Territorial law for canvassing votes for like
officers. The votes cast for the Judges of the Supreme and District
Courts and District Attorneys shall be canvassed by the county
canvassing board in the manner prescribed by the Territorial law for
canvassing the votes for members of the General Assembly; and the County
Clerk shall transmit the abstract of votes to the Secretary of the
Territory, acting as Secretary of State, under the same regulations as
are prescribed by law for sending the abstracts of votes for Territorial
officers; and the aforesaid acting Secretary of State, Auditor,
Treasurer, or any two of them, in the presence of the Governor, shall
proceed to canvass the votes, under the regulations of sections
thirty-five and thirty-six of chapter twenty-eight of the Revised
Statutes of Colorado Territory.

SEC. 15. Senators and members of the House of Representatives shall be
chosen by the qualified electors of the several senatorial and
representative districts as established in this Constitution, until such
districts shall be changed by law, and thereafter by the qualified
electors of the several districts as the same shall be established by
law.

SEC. 16. The votes cast for Representatives in Congress at the first
election held under this Constitution, shall be canvassed, and the
result determined in the manner provided by the laws of the Territory
for the canvass of votes for Delegate in Congress.

SEC. 17. The provision of the Constitution that no bill, except the
general appropriation bill, introduced in either House after the first
twenty-five days of the session shall become a law, shall not apply to
the first session of the General Assembly; but no bill, introduced in
either House at the first session of the General Assembly after the
first fifty days thereof, shall become a law.

SEC. 18. A copy of the abstracts of the votes cast at the first general
election held under this Constitution, shall, by the County Clerks of
the several counties, be returned to the Secretary of the Territory
immediately after the canvass of said votes in their several counties;
and the Secretary, Auditor, and Treasurer of the Territory, or any two
of them, shall, on the twenty-fifth day after the election, meet at the
seat of government and proceed to canvass the votes cast for members of
the General Assembly, and determine the result thereof.

SEC. 19. The General Assembly shall, at their first session, immediately
after the organization of the two Houses, and after the canvass of the
votes for the officers of the Executive Department, and before
proceeding to other business, provide, by act or joint resolution, for
the appointment, by said General Assembly, of electors in the electoral
college; and such joint resolution, or the bill for such enactment, may
be passed without being printed or referred to any committee, or read on
more than one day in either House, and shall take effect immediately
after the concurrence of the two Houses therein, and the approval of the
Governor thereto shall not be necessary.

SEC. 20. The General Assembly shall provide that after the year one
thousand eight hundred and seventy-six, the electors of the electoral
college shall be chosen by direct vote of the people.

SEC. 21. The General Assembly shall have power, at their first session,
to provide for the payment of the expenses of this Convention, if any
there be then remaining unpaid.

SEC. 22. All recognizances, bail bonds, official bonds, and other
obligations or undertakings which have been, or at any time before the
admission of the State, shall be made or entered into and expressed to
be payable to the people of the Territory of Colorado, shall continue in
full force, notwithstanding the change in the form of government; and
any breach thereof, whenever occurring, may, after the admission of the
State, be prosecuted in the name of the people of the State.

_Done in Convention_, at the City of Denver, Colorado, this
fourteenth day of March, in the year of our Lord one thousand
eight hundred and seventy-six, and of the Independence of the
United States the one hundredth.

_In Witness Whereof_, We have hereunto subscribed our names.

J. C. WILSON, _President_.

H. P. H. BROMWELL,
CASIMIRO BARELA,
GEORGE BOYLES,
W. E. BECK,
BYRON L. CARR,
W. M. CLARK,
A. D. COOPER,
H. R. CROSBY,
WM. H. CUSHMAN,
ROBERT DOUGLAS,
L. C. ELLSWORTH,
C. P. ELDER,
F. J. EBERT,
W. B. FELTON,
J. M. GARCIA,
DANIEL HURD,
JOHN S. HOUGH,
LAFAYETTE HEAD,
WM. H. JAMES,
WM. R. KENNEDY,
WM. L. LEE,
ALVIN MARSH,
WM. H. MEYER,
S. J. PLUMB,
GEO. E. PEASE,
ROBERT A. QUILLIAN,
A. K. YOUNT,
WILBUR F. STONE,
W. C. STOVER,
H. C. THATCHER,
AGAPETA VIGIL,
W. W. WEBSTER,
G. G. WHITE,
E. T. WELLS,
P. P. WILCOX,
J. S. WHEELER,
J. W. WIDDERFIELD,
LEWIS C. ROCKWELL,

Attest:

W. W. COULSON, _Secretary_.
HERBERT STANLEY, _1st Assistant Secretary_.
H. A. TERPENNING, _2d Assistant Secretary_.

ORDINANCES.

In conformity with the requirements of an Act of the Congress of the
United States, entitled “An Act to enable the people of Colorado to form
a Constitution and State Government, and for the admission of said State
into the Union on an equal footing with the original States,” approved
March 3, A. D. 1875, on behalf and by the authority of the people of the
Territory of Colorado, this Convention assembled in pursuance of said
Enabling Act, at the city of Denver, the capital of said Territory, on
the twentieth day of December, A. D. 1875, does ordain and declare:

_First_--That an election shall be held throughout the Territory of
Colorado, on the first day of July, in the year one thousand eight
hundred and seventy-six, for ratification or rejection of the
Constitution framed and adopted by the Convention.

_Second_--At said election the Constitution framed and adopted by this
Convention, shall be submitted to the people of the Territory for their
ratification or rejection, and all persons who are then qualified
electors under the laws of the Territory, shall be qualified to vote
upon the ratification or rejection thereof.

_Third_--Said election shall be held at the several places in the
several wards and precincts throughout the Territory, appointed for the
holding of elections under the laws of the Territory, and shall be
conducted in the manner prescribed by the laws of said Territory
regulating elections. The judges of elections, appointed under the laws
of the Territory, in each of said wards and precincts, shall act as the
judges of said election, and vacancies in the board of judges of any
ward or precinct shall be filled, and clerks of election shall be
appointed, in the manner prescribed by said laws: _Provided_, That no
law requiring a registration of voters shall apply to said election, and
any qualified elector may at said election vote at any ward or precinct
in the Territory. Whenever any person shall present himself to vote at
said election, and either of the judges shall suspect that such person
is not a qualified elector of the Territory, or if his vote shall be
challenged by any elector who has previously voted at the said election,
then before the ballot of such person shall be received, he shall take
and subscribe the following oath or affirmation: “You do solemnly swear
(or affirm) that you are a resident of ---- county, in the Territory of
Colorado; that you have resided in this Territory six months immediately
preceding this election; that you have, to the best of your knowledge
and belief, attained the age of twenty-one years, and have not voted at
this election.”

_Fourth_--Each elector voting at said election shall deposit in the
ballot-box a ticket, whereon shall be printed or written the words “For
the Constitution,” or the words, “Against the Constitution,” or other
equivalent words.

_Fifth_--The acting Governor of the Territory shall, within thirty days
after the adjournment of this Convention, issue his proclamation for
said election, to be held in conformity with the provisions of this
ordinance; and the Secretary of the Territory shall, on or before the
fifteenth day of May, A. D. 1876, make out and transmit to the sheriff
of each county a notice in writing of said election, together with a
copy of this ordinance.

_Sixth_--The votes cast at said election for the adoption or rejection
of the Constitution, shall be canvassed in the manner prescribed by the
laws of the Territory of Colorado for canvassing the votes at general
elections; and the returns of said election shall be made to the acting
Governor of the Territory, who, with the Chief Justice and the United
States Attorney of said Territory, or any two of them, shall canvass the
same, and if a majority of the legal votes cast shall be for the
Constitution, the acting Governor shall certify the same to the
President of the United States, together with a copy of said
Constitution and the Ordinances adopted by this Convention.

* * * * *

In conformity with the requirements of an Act of the Congress of the
United States, entitled “An Act to enable the People of Colorado to form
a Constitution and State Government, and for the admission of said
State into the Union on an equal footing with the original States,”
approved March 3d, A. D. 1875, on behalf and by the authority of the
People of the Territory of Colorado, this Convention, assembled in
pursuance of said Enabling Act, at the city of Denver, the capital of
said Territory, on the 20th day of December, A. D. 1875, does ordain and
declare:

_First_--That perfect toleration of religious sentiment shall be
secured, and no inhabitant of said State shall ever be molested in
person or property on account of his or her mode of religious worship.

_Second_--That the people inhabiting the Territory of Colorado, by their
representatives in said Convention assembled, do agree and declare that
they forever disclaim all right and title to the unappropriated public
lands lying within said Territory, and that the same shall be and remain
at the sole and entire disposal of the United States; that the lands
belonging to citizens of the United States residing without said State,
shall never be taxed higher than the lands belonging to residents
thereof; and that no taxes shall be imposed by the State on lands or
property therein belonging to, or which may hereafter be purchased by,
the United States.

_Third_--That this Ordinance shall be irrevocable without the consent of
the United States and the people of the State of Colorado.

* * * * *

BE IT REMEMBERED, That in the Convention of the Representatives of the
People of the Territory of Colorado, chosen in pursuance of the Act of
Congress of the United States, entitled “An Act to enable the People of
Colorado to form a Constitution and State Government, and for the
admission of the said State into the Union on an equal footing with the
original States,” approved March 3d, A. D. 1875, and assembled at the
seat of government of said Territory, in pursuance of said Act, on the
twentieth day of December, A. D. 1875, after the organization of said
Convention, and before proceeding to other business, it was, on the 22d
day of December, A. D. 1875.

_Resolved_--That in pursuance of the Enabling Act, and in behalf of the
People of Colorado, we in convention assembled, do adopt the
Constitution of the United States.

* * * * *

The constitution was submitted to the people and adopted July 1st, 1876,
by a large majority. The votes returned stood 15,443 for, and 4,039
against the constitution. This constitution is an admirable production,
and reflects great credit on those who framed it. Though not perfect, it
contains the excellencies of all the State constitutions so far
promulgated, and largely conforms in spirit to the liberality and
intelligence of the people for whom it was prepared. President Grant,
empowered by Congress, on July 4th, 1876, just one century since the
declaration of independence, admitted the new State into the Union by
proclamation. Hence Colorado’s title--“The Centennial State.” (The honor
of first applying this title to Colorado is due to Capt. R. W. Woodbury,
editor and proprietor of the _Denver Times_.)

THE PROCLAMATION OF THE PRESIDENT ADMITTING THE STATE OF COLORADO INTO
THE UNION.

WHEREAS, The Congress of the United States did, by an act approved on
the third day of March, one thousand eight hundred and seventy-five,
authorize the inhabitants of the Territory of Colorado to form for
themselves, out of said Territory, a State Government, with the name of
the State of Colorado, and for the admission of such State into the
Union on an equal footing with the original states upon certain
conditions in said act specified; and,

WHEREAS, It was provided by said Act of Congress that the Convention
elected by the people of said Territory to frame a State Constitution,
should, when assembled for that purpose, and after organization, declare
on behalf of the people that they adopt the Constitution of the United
States, and should also provide by an ordinance, irrevocable without the
consent of the United States and the people of said State, that perfect
toleration of religious sentiment shall be secured, and that no
inhabitant of said State shall ever be molested in person or property on
account of his or her mode of religious worship, and that the people
inhabiting said Territory do agree and declare that they forever
disclaim all right and title to the unappropriated public lands lying
within said Territory, and that the same shall be and remain at the sole
and entire disposition of the United States, and that lands belonging to
citizens of the United States residing without the said State, shall
never be taxed higher than lands belonging to residents thereof, and
that no taxes shall be imposed by the State on lands or property therein
belonging to, or which may hereafter be purchased by, the United States;
and,

WHEREAS, It was further provided by said Act that the Constitution thus
formed for the people of the Territory of Colorado should, by an
ordinance of the Convention forming the same, be submitted to the people
of said Territory for ratification or rejection at an election to be
held in the month of July, eighteen hundred and seventy-six, at which
election the lawful voters of said new State should vote directly for or
against the proposed Constitution, and the returns of said election
should be made to the acting Governor of the Territory, who, with the
Chief Justice and United States attorney of said Territory, or any two
of them, should canvass the same, and if a majority of legal votes
should be cast for said Constitution in said proposed State, the said
acting Governor should certify the same to the President of the United
States, together with a copy of said Constitution and Ordinances;
whereupon it should be the duty of the President of the United States to
issue his proclamation declaring the State admitted into the Union on an
equal footing with the original states without any further action
whatever on the part of Congress; and

WHEREAS, It has been certified to me by the acting Governor of said
Territory of Colorado, that within the time prescribed by said Act of
Congress a Constitution for said proposed State has been adopted, and
the same ratified by a majority of the legal voters of said proposed new
State, in accordance with the conditions prescribed by said Act of
Congress; and

WHEREAS, A duly authenticated copy of said Constitution, and of the
declaration and ordinances required by said Act of Congress has been
received by me:

Now, therefore, I, Ulysses S. Grant, President of the United States of
America, do, in accordance with the provisions of the Act of Congress
aforesaid, declare and proclaim the fact that the fundamental conditions
imposed by Congress on the State of Colorado, to entitle that State to
admission to the Union have been ratified and accepted, and that the
admission of said State into the Union is now complete.

In testimony whereof I have hereunto set my hand and have caused the
seal of the United States to be affixed.

[Illustration]

Done at the city of Washington this first day of August, in the year of
our Lord one thousand eight hundred and seventy-six, and of the
independence of the United States of America the one hundred and first.

U. S. GRANT.

By the President:
HAMILTON FISH,
Secretary of State.

In the spring of this year the Atchison, Topeka and Santa Fe railroad
was completed to Pueblo.

The Republican State Convention met at Pueblo August 23d, and the
Democratic State Convention at Manitou, August 29th. Full state tickets
were nominated by each convention. Both parties entered upon the
campaign not only sanguine, but confident of success. Up to the day of
election the most strenuous efforts were put forth to insure victory.
On the third day of October, as directed by the Constitution, the
election was held. The vote polled was nearly 30,000. The entire
Republican state ticket for the executive and judicial departments was
elected. John L. Routt was chosen Governor; Lafayette Head,
Lieutenant-Governor; William M. Clark, Secretary of State; D. C.
Crawford, Auditor; George C. Corning, Treasurer; A. J. Sampson, Attorney
General; Joseph C. Shattuck, Superintendent Public Instruction. The
Legislature, in both House and Senate, had a Republican majority. In the
Senate, nineteen Republicans and seven Democrats; in the House,
thirty-one Republicans and eighteen Democrats. James B. Belford was
elected Representative for the Forty-fourth and Forty-fifth Congresses.
The Territorial Secretary had ordered an election for representative for
the Forty-fourth Congress to be held October 3d, and afterwards an
election for the Forty-fifth Congress to be held November 7th. On the
third of October the people voted for a representative for both
Congresses. The State Canvassing Board received and counted the returns.
The Secretary recalled his order for an election November 7th, but an
election was held, and Thomas M. Patterson received almost the entire
vote. This vote the Canvassing Board refused to count. The next Congress
will decide the contest.

At noon on November 1st the General Assembly convened. On November 3d
the executive officers were duly inaugurated. Judge Brazee administered
the oaths of office. The Governor then delivered his inaugural message
to the General Assembly. This message of the first governor of the State
of Colorado is a sensible and well-written document. Its statements are
accurate and clear, and its suggestions thoroughly practical. He thus
addresses the General Assembly: “The people, by their choice, have
signified their faith in your wisdom, integrity, and patriotism, and I
feel assured that their confidence will not have been misplaced. Upon
you, Senators and Representatives, rests the responsibility of making
our laws, and I trust that in your legislation you will have a single
eye to the promotion of the general welfare. In this object it will be
my greatest pleasure and chief aim to co-operate.” In this message it is
stated that the present export of gold and silver bullion and ores
amounts to nearly $8,000,000 annually, with a prospect of an increase to
$10,000,000 in the near future. The total value of real and personal
property in Colorado, in 1876, is estimated to be about $100,000,000. Up
to 1877 the bullion deposited in the Denver mint amounted to almost
$70,000,000 in value. The population of Colorado in 1870 was about
40,000, in 1876, 135,000. In the early part of the session the General
Assembly chose two Senators--Jerome B. Chaffee and Henry M. Teller; and
three Presidential Electors--Herman Beckurts, W. L. Hadley, and Otto
Mears. After a protracted session, the General Assembly adjourned _sine
die_, March 20, 1877.

Colorado, on account of its altitude, is quite near that great ocean of
positive electricity which envelops the earth about a mile from its
surface. It is one of the great electrodes of the globe. All that ascend
her high peaks are charged with this subtle element. To this, in a
measure, is to be attributed that peculiar bracing and life-inspiring
atmosphere for which Colorado is renowned. This atmosphere is dry, pure
and clear, and nearly always pervaded with sunshine. The climate
therefore possesses great restorative properties, and cannot fail to be
a prominent resort for invalids. But besides this, in magnificent and
varied scenery Colorado is not excelled by any other land, and in rich
resources is unequalled. In Colorado large sums have been expended in
imposing school structures, and teachers are liberally remunerated. A
spirit of religious toleration that is truly gratifying prevails
throughout the State. All creeds are represented, and, in general, well
supported. Towns spring into existence and grow with magic speed; mines
are developed with much energy; farms show thrift and prosperity; new
railroads are projected; the lines of those already built are extending;
manufactures increase, though slow in their establishment; and,
notwithstanding an occasional exodus, the population steadily advances.

CONSTITUTION OF THE UNITED STATES.

We, the people of the United States, in order to form a more perfect
union, establish justice, insure domestic tranquility, provide for the
common defense, promote the general welfare, and secure the blessings of
liberty to ourselves and our posterity, do ordain and establish this
Constitution of the United States of America.

ARTICLE I.

SECTION I.

1. All legislative powers herein granted, shall be vested in a Congress
of the United States, which shall consist of a Senate and House of
Representatives.

SECTION II.

1. The House of Representatives shall be composed of members chosen
every second year, by the 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 legislature.

2. No person shall be a Representative who shall not have attained to
the age of twenty-five 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.

3. 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;
and until such enumeration shall be made, the State of New Hampshire
shall be entitled to choose three; Massachusetts, eight; Rhode Island
and Providence Plantations, one; Connecticut, five; New York, six; New
Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six;
Virginia, ten; North Carolina, five; South Carolina, five; and Georgia,
three.

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

5. The House of Representatives shall choose their Speaker and other
officers; and shall have the sole power of impeachment.

SECTION III.

1. The Senate of the United States shall be composed of two Senators
from each State, chosen by the legislature thereof, for six years, and
each Senator shall have one vote.

2. Immediately after they shall be assembled, in consequence of the
first election, they shall be divided, as equally as may be, into three
classes. The seats of the Senators of the first class shall be vacated
at the expiration of the second year; of the second class, at the
expiration of the fourth year; and of the third class, at the expiration
of the sixth year; so that one-third may be chosen every second year;
and 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.

3. 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.

4. The Vice-President of the United States shall be President of the
Senate; but shall have no vote unless they be equally divided.

5. The Senate shall choose their other 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.

6. The Senate shall have the sole power to try all impeachments. When
sitting for that purpose they shall be on oath or affirmation. When the
President of the United States is tried, the Chief Justice shall
preside; and no person shall be convicted without the concurrence of
two-thirds of the members present.

7. Judgment, in cases of impeachment, shall not extend further than to
removal from office, and disqualification to hold and enjoy any office
of honor, trust, or profit under the United States; but the party
convicted shall, nevertheless, be liable and subject to indictment,
trial, judgment, and punishment, according to law.

SECTION IV.

1. 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 choosing Senators.

2. 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.

SECTION V.

1. 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 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.

2. Each House may determine the rules of its proceedings, punish its
members for disorderly behavior, and with a concurrence of two-thirds,
expel a member.

3. 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 either House,
on any question, shall, at the desire of one-fifth of those present, be
entered on the journal.

4. Neither House, during the session of Congress, shall, without the
consent of the other, adjourn for more than three days, nor to other
place than that in which the two houses shall be sitting.

SECTION VI.

1. The Senators and Representatives shall receive a compensation for
their services, to be ascertained by law, and paid out of the treasury
of the United States. They shall, 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
and returning from the same; and for any speech or debate in either
House, they shall not be questioned in any other place.

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.

SECTION VII.

1. All bills for raising revenue shall originate in the House of
Representatives; but the Senate may propose or concur with amendments,
as on other bills.

2. Every bill which shall have passed the House of Representatives and
the Senate, shall, before it becomes a law, be presented to the
President of the United States; if he approve, he shall sign it; but if
not, he shall return it, with his objections, to that House in which it
shall have originated, who shall enter the objections, at large, on
their journal, and proceed to reconsider it. If, after such
reconsideration, two-thirds of the House shall agree to pass the bill,
it shall be sent, together with the objections, to the other House, by
which it shall likewise be reconsidered, and if approved by two-thirds
of that House, it shall become a law. But in all such cases the votes of
both Houses shall be determined by yeas and nays; and the names of
persons voting for and against the bill, shall 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
signed it, unless the Congress, by their adjournment, prevent its
return; in which case it shall not be a law.

3. Every order, resolution, or vote, to which the concurrence of the
Senate and House of Representatives may be necessary (except on a
question of adjournment) shall be presented to the President of the
United States; and before the same shall take effect, shall be approved
by him, or being disapproved by him, shall be repassed by two-thirds of
the Senate and House of Representatives, according to the rules and
limitations prescribed in the case of a bill.

SECTION VIII.

The Congress shall have power,

1. To lay and collect taxes, duties, imposts and excises; to pay the
debts and provide for the common defense and general welfare of the
United States; but all duties, imposts and excises shall be uniform
throughout the United States:

2. To borrow money on the credit of the United States:

3. To regulate commerce with foreign nations, and among the several
States, and with the Indian tribes:

4. To establish an uniform rule of naturalization, and uniform laws on
the subject of bankruptcies throughout the United States:

5. To coin money, regulate the value thereof, and of foreign coin, and
fix the standard of weights and measures:

6. To provide for the punishment of counterfeiting the securities and
current coin of the United States:

7. To establish post offices and post roads:

8. To promote the progress of science and useful arts, by securing, for
limited times, to authors and inventors, the exclusive right to their
respective writings and discoveries:

9. To constitute tribunals inferior to the supreme court. To define and
punish piracies and felonies committed on the high seas, and offenses
against the law of nations:

10. To declare war, grant letters of marque and reprisal, and make rules
concerning captures on land and water:

11. To raise and support armies; but no appropriation of money to that
use shall be for a longer term than two years:

12. To provide and maintain a navy:

13. To make rules for the government and regulation of the land and
naval forces:

14. To provide for calling forth the militia to execute the laws of the
Union, suppress insurrections, and repel invasions:

15. To provide for organizing, arming and disciplining the militia, and
for governing such part of them as may be employed in the service of the
United States, reserving to the States respectively the appointment of
the officers and the authority of training the militia according to the
discipline prescribed by Congress:

16. To exercise exclusive legislation in all cases whatsoever over such
district (not exceeding ten miles square) as may by cession of
particular States, and the acceptance of Congress, become the seat of
government of the United States, and to exercise like authority over all
places purchased, by the consent of the legislature of the State in
which the same shall be, for the erection of forts, magazines, arsenals,
dock-yards and other needful buildings: and

17. To make all laws which shall be necessary and proper for carrying
into execution the foregoing powers, and all other powers vested by this
constitution in the government of the United States, or in any
department or officer thereof.

SECTION IX.

1. The migration or importation of such persons as any of the States now
existing shall think proper to admit, shall not be prohibited by the
Congress prior to the year one thousand eight hundred and eight, but a
tax or duty may be imposed on such importation, not exceeding ten
dollars for such person.

2. The privilege of the writ of habeas corpus shall not be suspended,
unless when, in cases of rebellion or invasion, the public safety may
require it.

3. No bill of attainder or ex post facto law shall be passed.

4. No capitation or other direct tax shall be laid, unless in proportion
to the census or enumeration hereinbefore directed to be taken.

5. No tax or duty shall be laid on articles exported from any State. No
preference shall be given by any regulation of commerce or revenue to
the ports of one State over those of another; nor shall vessels bound to
or from one State be obliged to enter, clear, or pay duties in another.

6. No money shall be drawn from the treasury but in consequence of
appropriations made by law; and a regular statement and account of the
receipts and expenditures of all public money shall be published from
time to time.

7. No title of nobility shall be granted by the United States, and no
person holding any office of profit or trust under them, shall, without
the consent of Congress, accept any present, emolument, office, or
title, of any kind whatever, from any king, prince, or foreign state.

SECTION X.

1. No State shall enter into any treaty, alliance or confederation;
grant letters of marque or reprisal; coin money; emit bills of credit;
make anything but gold and silver coin a tender in payment of debts;
pass any bill of attainder, ex post facto law, or law impairing the
obligation of contracts, or grant any title of nobility.

2. No State shall, without the consent of the Congress, lay any imposts
or duties on imports or exports, except what may be absolutely necessary
for executing its inspection laws; and the net produce of all duties and
imposts, laid by any State on imports or exports, shall be for the use
of the Treasury of the United States; and all such laws shall be subject
to the revision and control of the Congress. No State shall, without the
consent of Congress, lay any duty of tonnage, keep troops or ships of
war in time of peace, enter into any agreement or compact with another
State, or with a foreign power, or engage in war, unless actually
invaded, or in such imminent danger as will not admit of delay.

ARTICLE II.

SECTION I.

1. The executive power shall be vested in a President of the United
States of America. He shall hold his office during the term of four
years, and together with the Vice-President, chosen for the same term,
be elected as follows:

2. Each State shall appoint, in such manner as the Legislature thereof
may direct, a number of electors equal to the whole number of Senators
and Representatives to which the State may be entitled in the Congress;
but no Senator or Representative, or person holding an office of trust
or profit under the United States, shall be appointed an elector.

3. The electors shall meet in their respective States, and vote by
ballot for two persons, of whom one at least shall not be an inhabitant
of the same State with themselves. And they shall make a list of all the
persons voted for, and of the number of votes for each; which list they
shall sign and certify, and transmit sealed to the seat of the
government of the United States, directed to the President of the
Senate. The President of the Senate shall, in the presence of the Senate
and House of Representatives, open all the certificates, and the votes
shall then be counted. The person having the greatest number of votes
shall be the President, if such number be a majority of the whole number
of electors appointed; and if there be more than one who have such
majority, and have an equal number of votes, then the House of
Representatives shall immediately choose, by ballot, one of them for
President; and if no person have a majority, then from the five highest
on the list the said House shall, in like manner, choose the President.
But in choosing the President, the votes shall be taken by States, the
representation from each State having one vote; a quorum for this
purpose shall consist of a member or members from two-thirds of the
States, and a majority of all the States shall be necessary to a choice.
In every case, after the choice of the President, the person having the
greatest number of votes of the electors, shall be the Vice-President.
But if there should remain two or more who have equal votes, the Senate
shall choose from them, by ballot, the Vice-President.

4. The Congress may determine the time of choosing the electors, and the
day on which they shall give their votes, which day shall be the same
throughout the United States.

5. No person, except a natural born citizen, or a citizen of the United
States, at the time of the adoption of this constitution, shall be
eligible to the office of President; neither shall any person be
eligible to that office who shall not have attained to the age of
thirty-five years, and been fourteen years a resident within the United
States.

6. In case of the removal of the President from office, or of his death,
resignation, or inability to discharge the powers and duties of the
said office, the same shall devolve on the Vice-President, and the
Congress, may, by law, provide for the case of removal, death,
resignation, or inability, both of the President and Vice-President,
declaring what officer shall then act as President, and such officer
shall act accordingly, until the disability be removed, or a President
shall be elected.

7. The president shall, at stated times, receive for his services a
compensation, which shall neither be increased or diminished during the
period for which he shall have been elected, and he shall not receive,
within that period, any other emolument from the United States, or any
of them.

8. Before he enters on the execution of his office, he shall take the
following oath or affirmation:

9. “I do solemnly swear (or affirm) that I will faithfully execute the
office of President of the United States, and will, to the best of my
ability, preserve, protect, and defend the constitution of the United
States.”

SECTION II.

1. The President shall be Commander-in-Chief of the Army and Navy of the
United States, and of the militia of the several States, when called
into the actual service of the United States. He may require the
opinion, in writing, of the principal officer in each of the executive
departments, upon any subject relating to the duties of their respective
offices; and he shall have power to grant reprieves and pardons for
offenses against the United States, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the
Senate, to make treaties, provided two-thirds of the Senators present
concur; and he shall nominate, and by and with the advice and consent of
the Senate, shall appoint ambassadors, other public ministers and
consuls, Judges of the Supreme Court, and all other officers of the
United States, whose appointments are not herein otherwise provided for,
and which shall be established by law. But the Congress may, by law,
vest the appointment of such inferior officers as they think proper, in
the President alone, in the courts of law, or in the heads of
departments.

3. The President shall have power to fill up all vacancies that may
happen during the recess of the Senate, by granting commissions, which
shall expire at the end of their next session.

SECTION III.

1. He 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. He may, on extraordinary
occasions, convene both Houses, or either of them, and in case of
disagreement between them, with respect to the time of adjournment, he
may adjourn them to such time as he shall think proper. He shall receive
ambassadors and other public ministers. He shall take care that the laws
be faithfully executed; and shall commission all the officers of the
United States.

SECTION IV.

1. The President and Vice-President, and all civil officers of the
United States, shall be removed from office on impeachment for, and
conviction of treason, bribery, or other high crimes and misdemeanors.

ARTICLE III.

SECTION I.

1. The judicial power of the United States shall be vested in one
Supreme Court, and in such inferior courts as the Congress may, from
time to time, ordain and establish.

2. The Judges, both of the Supreme and inferior Courts, shall hold their
offices during good behavior; and shall, at stated times, receive for
their services a compensation, which shall not be diminished during
their continuance in office.

SECTION II.

1. The judicial power shall extend to all cases in law and equity,
arising under this constitution, the laws of the United States, and
treaties made, or which shall be made, under their authority; to all
cases affecting ambassadors, other public ministers and consuls; to all
cases of admiralty and maritime jurisdiction; to controversies to which
the United States shall be a party; to controversies between two or more
States; between a State and citizens of another State; between citizens
of different States; between citizens of the same State, claiming lands
under grants of different States, and between a State, or the citizens
thereof, and foreign States, citizens, or subjects.

2. In all cases affecting ambassadors, other public ministers, and
consuls, and those in which a State shall be party, the Supreme Court
shall have original jurisdiction. In all the other cases before
mentioned, the Supreme Court shall have appellate jurisdiction, both as
to law and fact, with such exceptions, and under such regulations, as
the Congress shall make.

3. The trial of all crimes, except in cases of impeachment, shall be by
a jury; and such trial shall be held in the State where the said crime
shall have been committed; but when not committed within any State, the
trial shall be at such place or places as the Congress may by law have
directed.

SECTION III.

1. Treason against the United States shall consist only in levying war
against them, or in adhering to their enemies; giving them aid and
comfort. No person shall be convicted of treason, unless on the
testimony of two witnesses to the same overt act, or on confession in
open court.

2. The Congress shall have power to declare the punishment of treason;
but no attainder of treason shall work corruption of blood or
forfeiture, except during the life of the person attainted.

ARTICLE IV.

SECTION I.

1. Full faith and credit shall be given in each State to the public
acts, records, and judicial proceedings of every other State. And the
Congress may, by general laws, prescribe the manner in which such acts,
records and proceedings shall be proved, and the effect thereof.

SECTION II.

1. The citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States.

2. A person charged in any State with treason, felony, or other crime,
who shall flee from justice, and be found in another State, shall, on
demand of the executive authority of the State from which he fled, be
delivered up, to be removed to the State having jurisdiction of the
crime.

3. No person held to service or labor in one State, under the laws
thereof, escaping into another, shall, in consequence of any law or
regulation therein, be discharged from such service or labor, but shall
be delivered up on claim of the party to whom such service or labor may
be due.

SECTION III.

1. New States may be admitted by the Congress into this Union; but no
new State shall be formed or erected within the jurisdiction of any
other State, nor any State be formed by the junction of two or more
States, or parts of States, without the consent of the legislatures of
the States concerned, as well as of the Congress.

2. The Congress shall have power to dispose of, and make all needful
rules and regulations respecting the territory or other property
belonging to the United States; and nothing in this constitution shall
be so construed as to prejudice any claims of the United States, or of
any particular State.

SECTION IV.

1. The United States shall guarantee to every State in this Union a
republican form of government, and shall protect each of them against
invasion; and on application of the legislature or of the executive
(when the legislature cannot be convened), against domestic violence.

ARTICLE V.

1. The Congress, whenever two-thirds of both Houses shall deem it
necessary, shall propose amendments to this constitution; or, on the
application of the legislatures of two-thirds of the several States,
shall call a convention for proposing amendments, which, in either case,
shall be valid to all intents and purposes, as part of this
constitution, when ratified by the legislatures of three-fourths of the
several States, or by conventions in three-fourths thereof, as the one
or the other mode of ratification may be proposed by the Congress:
_Provided_, That no amendment, which may be made prior to the year one
thousand eight hundred and eight, shall in any manner affect the first
and fourth clauses in the ninth section of the first article; and that
no State, without its consent, shall be deprived of its equal suffrage
in the Senate.

ARTICLE VI.

1. All debts contracted, and engagements entered into, before the
adoption of this constitution, shall be as valid against the United
States, under this constitution, as under the confederation.

2. This constitution, and the laws of the United States which shall be
made in pursuance thereof, and all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme law
of the land; and the judges in every State shall be bound thereby;
anything in the constitution or laws of any State to the contrary
notwithstanding.

3. The Senators and Representatives before mentioned, and the members of
the several legislatures, and all executive and judicial officers, both
of the United States and of the several States shall be bound, by oath
or affirmation, to support this constitution; but no religious test
shall ever be required as a qualification to any office or public trust
under the United States.

ARTICLE VII.

1. The ratification of the conventions of nine States shall be
sufficient for the establishment of this constitution between the States
so ratifying the same.

_Done in Convention_, by the unanimous consent of the States
present, the seventeenth day of September, in the year of our
Lord one thousand seven hundred and eighty-seven, and of the
independence of the United States of America the twelfth.

_In Witness Whereof_ we have hereunto subscribed our names.

GEO. WASHINGTON, PRESIDENT, _and Deputy from Virginia_.

_New Hampshire_:
JOHN LANGDON,
NICHOLAS GILMAN.

_Connecticut_:
WM. SAMUEL JOHNSON,
ROGER SHERMAN.

_New York_:
ALEXANDER HAMILTON.

_New Jersey_:
WILLIAM LIVINGSTON,
DAVID BREARLEY,
WILLIAM PATTERSON,
JONATHAN DAYTON.

_Pennsylvania_:
BENJAMIN FRANKLIN,
THOMAS MIFFLIN,
ROBERT MORRIS,
GEORGE CLYMER,
THOMAS FITZSIMONS,
JARED INGERSOLL,
JAMES WILSON,
GOUVERNEUR MORRIS.

_Delaware_:
GEO. REED,
GUNNING BEDFORD, JR.

_Massachusetts_:
NATHANIEL GORHAM,
RUFUS KING,
JOHN DICKINSON,
RICHARD BASSET,
JACOB BROOM.

_Maryland_:
JAMES MCHENRY,
DANIEL OF ST. THOMAS JENIFER,
DANIEL CARROLL.

_Virginia_:
JOHN BLAIR,
JAMES MADISON, JR.

_North Carolina_:
WILLIAM BLOUNT,
RICHARD DOBBS SPAIGHT,
HUGH WILLIAMSON.

_South Carolina_:
JOHN RUTLEDGE,
C. COTESWORTH PINCKNEY,
CHARLES PINCKNEY,
PIERCE BUTLER.

_Georgia_:
WILLIAM FEW,
ABRAHAM BALDWIN.

Attest: WILLIAM JACKSON, _Secretary_.

AMENDMENTS TO THE CONSTITUTION.

ARTICLE I.

1. Congress shall make no law respecting an establishment of religion or
prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble and to petition the government for a redress of grievances.

ARTICLE II.

1. A well regulated militia being necessary to the security of a free
State, the right of the people to keep and bear arms shall not be
infringed.

ARTICLE III.

1. No soldier shall, in time of peace, be quartered in any house without
the consent of the owner; nor in time of war but in a manner to be
prescribed by law.

ARTICLE IV.

1. The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated; and no warrant shall issue, but upon probable cause,
supported by oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.

ARTICLE V.

1. No person shall be held to answer for a capital or otherwise infamous
crime, unless on a presentment or indictment of a grand jury, except in
cases arising in the land or naval forces, or in the militia, when in
actual service, in time of war or public danger; nor shall any person be
subject for the same offense to be twice put in jeopardy of life or
limb; nor shall be compelled, in any criminal case, to be a witness
against himself; nor be deprived of life, liberty, or property without
due process of law; nor shall private property be taken for public use
without just compensation.

ARTICLE VI.

1. In all criminal prosecutions the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses in his favor;
and to have the assistance of counsel for his defense.

ARTICLE VII.

1. In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved; and no
fact tried by a jury shall be otherwise re-examined in any court of the
United States, than according to the rules of the common law.

ARTICLE VIII.

1. Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.

ARTICLE IX.

1. The enumeration in the Constitution of certain rights, shall not be
construed to deny or disparage others retained by the people.

ARTICLE X.

1. The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people.

ARTICLE XI.

1. The judicial power of the United States shall not be construed to
extend to any suit in law or equity commenced or prosecuted against one
of the United States by citizens of another State, or by citizens or
subjects of any foreign State.

ARTICLE XII.

1. The electors shall meet in their respective States and vote by ballot
for President and Vice-President, one of whom, at least, shall not be an
inhabitant of the same State as themselves; they shall name in their
ballots the person voted for as President; and in distinct ballots the
person voted for as Vice-President; and they shall make distinct lists
of all persons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each, which lists they
shall sign and certify, and transmit sealed to the seat of government of
the United States, directed to the President of the Senate; the
President of the Senate shall, in the presence of the Senate and House
of Representatives, open all the certificates, and the votes shall then
be counted; the person having the greatest number of votes for President
shall be the President, if such number be a majority of the whole number
of electors appointed; and if no person have such majority, then from
the persons having the highest numbers, not exceeding three, on the list
of those voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. But in choosing the
President, the votes shall be taken by States, the representation from
each State having one vote; a quorum for this purpose shall consist of a
member or members from two-thirds of the States, and a majority of all
the States shall be necessary to a choice. And if the House of
Representatives shall not choose a President whenever the right of
choice shall devolve upon them, before the fourth day of March next
following, then the Vice-President shall act as President, as in the
case of the death or other Constitutional disability of the President.

2. The person having the greatest number of votes as Vice-President,
shall be the Vice-President, if such number be a majority of the whole
number of electors appointed; and if no person have a majority, then
from the two highest numbers on the list, the Senate shall choose the
Vice-President; a quorum for the purpose shall consist of two-thirds of
the whole number of Senators, and a majority of the whole number shall
be necessary to a choice.

3. But no person constitutionally ineligible to the office of President,
shall be eligible to that of Vice-President of the United States.

ARTICLE XIII.

1. Neither slavery or involuntary servitude, except as a punishment for
crime, whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their jurisdiction.

2. Congress shall have power to enforce this article by appropriate
legislation.

ARTICLE XIV.

1. All persons born or naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the United States and of the
State wherein they reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life, liberty, or
property, without due process of law, nor deny to any person within its
jurisdiction the equal protection of the laws.

2. Representatives shall be apportioned among the several States
according to their respective numbers, counting the whole number of
persons in each State, excluding Indians not taxed. But when the right
to vote at any election for the choice of electors for President and
Vice-President of the United States, Representatives in Congress, the
executive and judicial officers of a State, or the members of the
Legislature thereof is denied to any of the male inhabitants of such
State, being twenty-one years of age, and citizens of the United States,
or in any way abridged, except for participation in rebellion or other
crime, the basis of Representatives therein shall be reduced in the
proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in such State.

3. No person shall be a Senator or Representative in Congress, or
elector of President and Vice-President, or hold any office, civil or
military, under the United States, or under any State, who, having
previously taken an oath as a member of Congress, or as an officer of
the United States, or as a member of any State Legislature, or as an
executive or judicial officer of any State, to support the constitution
of the United States, shall have engaged in insurrection or rebellion
against the same, or given aid and comfort to the enemies thereof. But
Congress may by a vote of two-thirds of each House, remove such
disability.

4. The validity of the public debt of the United States, authorized by
law, including debts incurred for payment of pensions and bounties for
services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or emancipation of
any slave, but all such debts, obligations, and claims shall be held
illegal and void.

5. That Congress have power to enforce, by appropriate legislation, the
provisions of this article.

ARTICLE XV.

1. The right of citizens of the United States to vote shall not be
denied or abridged by the United States, or by any State, on account of
race, color, or previous condition of servitude.

2. Congress shall have power to enforce this article by appropriate
legislation.

MANUAL OF PARLIAMENTARY PRACTICE.

NOTE.--The rules and practices peculiar to the Senate are
printed between brackets [ ]. Those of PARLIAMENT are not so
distinguished.

IMPORTANCE OF RULES.

SECTION I.

IMPORTANCE OF ADHERING TO RULES.

Mr. Onslow, the ablest among the Speakers of the House of Commons, used
to say, “It was a maxim he had often heard when he was a young man, from
old and experienced Members, that nothing tended more to throw power
into the hands of the administration, and those who acted with the
majority of the House of Commons, than a neglect of, or departure from,
the rules of proceeding: that these forms, as instituted by our
ancestors, operated as a check and control on the actions of the
majority, and that they were, in many instances, a shelter and
protection to the minority, against the attempts of power.” So far the
maxim is certainly true, and it is founded in good sense, that as it is
always in the power of the majority, by their numbers, to stop any
improper measures proposed on the part of their opponents, the only
weapons by which the minority can defend themselves against similar
attempts from those in power, are the forms and rules of proceeding
which have been adopted as they were found necessary, from time to time,
and are become the law of the House; by a strict adherence to which, the
weaker party can only be protected from those irregularities and abuses
which these forms were intended to check, and which the wantonness of
power is but too often apt to suggest to large and successful
majorities. 2 _Hats._, 171, 172.

And whether these forms be in all cases the most rational or not, is
really not of so great importance. It is much more material that there
should be a rule to go by, than what that rule is; that there may be a
uniformity of proceeding in business, not subject to the caprice of the
Speaker, or captiousness of the members. It is very material that order,
decency, and regularity, be preserved in a dignified public body. _2
Hats._, 149.

SECTION II.

LEGISLATIVE.

[All legislative powers herein granted shall be vested in a Congress of
the United States, which shall consist of a Senate and House of
Representatives. _Constitution of the United States, Art. 1, Sec. 1._]

[The Senators and Representatives shall receive a compensation for their
services, to be ascertained by law, and paid out of the Treasury of the
United States. _Constitution of the United States, Art. 1, Sec. 6._]

[For the powers of Congress, see the following Articles and Sections of
the Constitution of the United States: I., 4, 7, 8, 9; II., 1, 2; III.,
3; IV., 1, 3, 5, and all the amendments.]

SECTION III.

PRIVILEGE.

The privileges of Members of Parliament, from small and obscure
beginnings, have been advancing for centuries with a firm and never
yielding pace. Claims seem to have been brought forward from time to
time, and repeated, till some example of their admission enabled them to
build law on that example. We can only, therefore, state the points of
progression at which they now are. It is now acknowledged: 1st. That
they are at all times exempted from question elsewhere for anything said
in their own House; that during the time of privilege, 2d. Neither a
Member himself, his[1] wife, nor his servants, (familaries sui,) for any
matter of their own, may be[2] arrested on mesne process, in any civil
suit: 3d. Nor be detained under execution, though levied before time of
privilege: 4th. Nor impleaded, cited, or subpœnaed in any court: 5th.
Nor summoned as a witness or juror: 6th. Nor may their lands or goods be
distrained: 7th. Nor their persons assaulted, or characters traduced.
And the period of time covered by privilege, before and after the
session, with the practice of short prorogations under the connivance of
the Crown, amounts in fact to a perpetual protection against the course
of justice. In one instance, indeed, it has been relaxed by the 10 G. 3,
c. 50, which permits judiciary proceedings to go on against them. That
these privileges must be continually progressive, seems to result from
their rejecting all definition of them; the doctrine being that “their
dignity and independence are preserved by keeping their privileges
indefinite; and that ‘the maxims upon which they proceed, together with
the method of proceeding, rest entirely in their own breast, and are not
defined and ascertained by any particular stated laws.’” 1 _Blackst._,
163, 164.

[It was probably from this view of the encroaching character of
privilege that the framers of our Constitution, in their care to provide
that the law shall bind equally on all, and especially that those who
make them shall not exempt themselves from their operation, have only
privileged “Senators and Representatives” themselves from the single act
of “arrest in all cases except treason, felony and breach of the peace,
during their attendance at the session of their respective Houses, and
in going to and returning from the same, and from being questioned in
any other place for any speech or debate in either House.” _Const. U.
S., Art. 1, Sec. 6._ Under the general authority “to make all laws
necessary and proper for carrying into execution the powers given them,”
_Const. U. S., Art. 2, Sec. 8_, they may provide by law the details
which may be necessary for giving full effect to the enjoyment of this
privilege. No such law being as yet made, it seems to stand at present
on the following ground: 1. The act of arrest is void, ab initio.[3] 2.
The member arrested may be discharged on motion, 1 _Bl._ 166; 3 _Stra._,
990; or by habeas corpus under the Federal or State authority, as the
case may be; or by a writ of privilege out of the Chancery, 2 _Stra._,
989, in those States which have adopted that part of the laws of
England. _Orders of the House of Commons, 1550, February 20._ 3. The
arrest being unlawful, is a trespass for which the officers and others
concerned are liable to action and indictment in the ordinary courts of
justice, as in other cases of unauthorized arrest. 4. The court before
which the process is returnable is bound to act as in other cases of
unauthorized proceeding, and liable also, as in other similar cases, to
have their proceedings stayed or corrected by the superior courts.]

[The time necessary for going to, and returning from, Congress, not
being defined, it will, of course, be judged of in every particular case
by those who will have to decide the case.] While privilege was
understood in England to extend, as it does here, only to exemption from
arrest, eundo, moranda, et redeundo, the House of Commons themselves
decided that “a convenient time was to be understood.” (1580) 1 _Hats._,
99, 100. Nor is the law so strict in point of time as to require the
party to set out immediately on his return, but allows him time to
settle his private affairs, and to prepare for his journey; and does not
even scan his road very nicely, nor forfeit his protection for a little
deviation from that which is most direct; some necessity perhaps
constraining him to it. 2 _Stra._, 986, 987.

This privilege from arrest, privileges of course against all process,
the disobedience to which is punishable by an attachment of the person;
as a subpœna ad respondendum, or, testificandum, or a summons on a jury;
and with reason, because a member has superior duty to perform in
another place. [When a representative is withdrawn from his seat by
summons, the 40,000 people whom he represents lose their voice in debate
and vote, as they do on his voluntary absence; when a senator is
withdrawn by summons, his State loses half its voice in debate and vote,
as it does on his voluntary absence. The enormous disparity of evil
admits no comparison.]

[So far there will probably be no difference of opinion as to the
privileges of the two Houses of Congress; but in the following cases it
is otherwise. In December, 1795, the House of Representatives committed
two persons of the name of Randall and Whitney, for attempting to
corrupt the integrity of certain members, which they considered as a
contempt and breach of the privileges of the House; and the facts being
proved, Whitney was detained in confinement a fortnight, and Randall
three weeks, and was reprimanded by the Speaker. In March, 1796, the
House of Representatives voted a challenge given to a member of their
House to be a breach of the privileges of the House; but satisfactory
apologies and acknowledgments being made, no further proceeding was had.
The editor of the _Aurora_ having, in his paper of February 19, 1800,
inserted some paragraphs defamatory of the Senate, and failed in his
appearance, he was ordered to be committed. In debating the legality of
this order, it was insisted, in support of it, that every man, by the
law of nature, and every body of men, possesses the right of
self-defence; that all public functionaries are essentially invested
with the powers of self-preservation; that they have an inherent right
to do all acts necessary to keep themselves in a condition to discharge
the trusts confided to them; that whenever authorities are given, the
means of carrying them into execution are given by necessary
implication; that thus we see the British Parliament exercise the right
of punishing contempts; all the State Legislatures exercise the same
power, and every court does the same; that, if we have it not, we sit at
the mercy of every intruder who may enter our doors or gallery, and, by
noise and tumult, render proceeding in business impracticable; that if
our tranquility is to be perpetually disturbed by newspaper defamation,
it will not be possible to exercise our functions with the requisite
coolness and deliberation; and that we must, therefore, have a power to
punish these disturbers of our peace and proceedings. To this it was
answered, that the Parliament and courts of England have cognizance of
contempts by the express provisions of their law; that the State
Legislatures have equal authority, because their powers are plenary;
they represent their constituents completely, and possess all their
powers, except such as their Constitutions have expressly denied them;
that the courts of the several States have the same powers by the laws
of their States, and those of the Federal Government by the same State
laws adopted in each State, by a law of Congress; that none of these
bodies, therefore, derive those powers from natural or necessary right,
but from express law; that Congress have no such natural or necessary
power, nor any powers but such as are given them by the Constitution;
that that has given them, directly, exemption from personal arrest,
exemption from question elsewhere for what is said in their House, and
power over their own members and proceedings; for these no further law
is necessary, the Constitution being the law; that, moreover, by that
article of the Constitution which authorizes them “to make all laws
necessary and proper for carrying into execution the powers vested by
the Constitution in them,” they may provide by law for an undisturbed
exercise of their functions, e. g., for the punishment of contempts, of
affrays or tumult in their presence, &c.; but, till the law be made, it
does not exist; and does not exist, from their own neglect; that in the
mean time, however, they are not unprotected, the ordinary magistrates
and courts of law being open and competent to punish all unjustifiable
disturbances or defamations, and even their own sergeant, who may
appoint deputies _ad libitum_ to aid him, 3 _Grey_, 59, 147, 255, is
equal to small disturbances; that in requiring a previous law, the
Constitution had regard to the inviolability of the citizen, as well as
of the member; as, should one House, in the regular form of a bill, aim
at too broad privileges, it may be checked by the other, and both by the
President; and also as, the law being promulgated, the citizen will know
how to avoid offense. But if one branch may assume its own privileges
without control; if it may do it on the spur of the occasion, conceal
the law in its own breast, and after the fact committed, make its
sentence both the law and the judgment on that fact; if the offense is
to be kept undefined, and to be declared only _ex re nata_, and
according to the passion of the moment, and there be no limitation
either in the manner or measure of the punishment, the condition of the
citizen will be perilous indeed. Which of these doctrines is to prevail
time will decide. Where there is no fixed law, the judgment on any
particular case, is the law of that single case only, and dies with it.
When a new and even similar case arises, the judgment which is to make,
and at the same time apply, the law, is open to question and
consideration, as are all new laws. Perhaps Congress, in the meantime,
in their care for the safety of the citizen as well as that for their
own protection, may declare by law what is necessary and proper to
enable them to carry into execution the powers vested in them, and
thereby hang up a rule for the inspection of all, which may direct the
conduct of the citizen, and at the same time test the judgments they
shall themselves pronounce in their own case.]

Privilege from arrest takes place by force of the election; and before a
return be made a member elected may be named of a committee, and is to
every extent a member, except that he cannot vote until he is sworn.
_Memor._, 107, 108. _D’Ewes_, 642, _col._ 2; 643, _col._ 1. _Pet.
Miscel. Parl._, 119. _Lex. Parl. c._ 23. 2 _Hats._, 22, 62.

Every man must, at his peril, take notice who are members of either
House returned of record. _Lex. Parl._, 23; 4 _Inst._, 24.

On complaint of a breach of privilege, the party may either be summoned
or sent for in custody of the sergeant. _Grey_, 88, 95.

The privilege of a member is the privilege of the House. If the member
waive it without leave, it is a ground for punishing him, but cannot in
effect waive the privilege of the House. 3 _Grey_, 140, 222.

For any speech or debate in either House, they shall not be questioned
in any other place. _Const. U. S., I_, 6,; _S. P. protest of the Commons
to James I._, 1621; 2 _Rapin_, No. 54, pp. 211, 212. But this is
restrained to things done in the House in a parliamentary course. _1
Rush._, 663. For he is not to have privilege contra morem
parliamentarum, to exceed the bounds and limits of his place and duty.
_Com. p._

If an offense be committed by a member of the House, of which the House
has cognizance, it is an infringement of their right for any person or
court to take notice of it, till the House has punished the offender, or
referred him to a due course. _Lex. Parl._, 63.

Privilege is in the power of the House, and is a restraint to
proceedings of inferior courts, but not of the House itself. 2 _Nalson_,
450; 2 _Grey_, 399. For whatever is spoken in the House is subject to
the censure of the House; and offenses of this kind have been severely
punished by calling the person to the bar to make submission, committing
him to the tower, expelling the House, etc. _Scob._, 72; _L. Parl., c._
22.

It is a breach of order for the Speaker to refuse to put a question
which is in order. 2 _Hats._, 175-6; 5 _Grey_, 133.

And even in cases of treason, felony, and breach of the peace, to which
privilege does not extend as to substance, yet in Parliament a member
is privileged as to the mode of proceeding. The case is first to be laid
before the House, that it may judge of the fact and of the grounds of
the accusation, and how far forth the manner of the trial may concern
their privilege; otherwise it would be in the power of other branches of
the government, and even of every private man, under pretenses of
treason, etc., to take any man from his service in the House, and so as
many, one after another, as would make the House what he pleaseth. _Dec.
of the Com. on the King’s declaring Sir John Hotham a traitor._ 4
_Rushw._, 586. So, when a member stood indicted for felony, it was
adjudged that he ought to remain of the House till conviction; for it
may be any man’s case, who is guiltless, to be accused and indicted of
felony, or the like crime. _23 El._, 1580; _D’Ewes, 283, col._ 1; _Lex.
Parl._, 133.

When it is found necessary for the public service to put a member under
arrest, or when, on any public inquiry, matter comes out which may lead
to affect the person of a member, it is the practice immediately to
acquaint the House, that they may know the reasons for such a
proceeding, and take such steps as they think proper. 2 _Hats._, 259. Of
which see many examples. _Ib._, 256, 257, 258. But the communication is
subsequent to the arrest. 1 _Blackst._, 167.

It is highly expedient, says Hatsel, for the due preservation of the
privileges of the separate branches of the Legislature, that neither
should encroach on the other, or interfere in any matter depending
before them, so as to preclude, or even influence that freedom of
debate, which is essential to a free council. They are therefore not to
take notice of any bills or other matters depending, or of votes that
have been given, or of speeches which have been held, by the members of
either of the other branches of the Legislature, until the same have
been communicated to them in the usual parliamentary manner. 2 _Hats._,
252. 4 _Inst._, 15. _Seld. Jud._, 53. Thus the king’s taking notice of
the bill for suppressing soldiers, depending before the House; his
proposing a provisional clause for a bill before it was presented to him
by the two Houses; his expressing displeasure against some persons for
matters moved in parliament during the debate and preparation of a bill,
were breaches of privilege; 2 _Nalson_, 347; and in 1783, December 17,
it was declared a breach of fundamental privileges, etc., to report any
opinion or pretended opinion of the king on any bill or proceeding
depending in either House of Parliament, with a view to influence the
votes of the members. 2 _Hats._, 251, 6.

SECTION IV.

ELECTIONS.

[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 choosing senators. _Const._ I.,
4.]

[Each House shall be the judge of the elections, returns, and
qualifications of its own members. _Const._ I., 5.]

SECTION V.

QUALIFICATIONS.

[The Senate of the United States shall be composed of two Senators from
each State, chosen by the Legislature thereof for six years; and each
Senator shall have one vote.]

[Immediately after they shall be assembled in consequence of the first
election, they shall be divided, as equally as may be into three
classes. The seats of the Senators of the first class shall be vacated
at the end of the second year; of the second class, at the expiration of
the fourth year; and of the third class, at the expiration of the sixth
year; so that one-third may be chosen every second year; and if
vacancies happen, by resignation or otherwise, during the recess of the
Legislature of the State, any 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 to 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. _Const._ I., 3.]

[The House of Representatives shall be composed of members chosen every
second year by the people of the several States; and the electors of
each State shall have the qualifications requisite for electors of the
most numerous branch of the State Legislature.]

[No person shall be a Representative who shall not have attained to the
age of twenty-five 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 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:

+------------------+--------+--------+--------+--------+--------+
| STATES. |1787[4] |1790[5] |1800[6] |1810[7] |1820[8] |
+------------------+--------+--------+--------+--------+--------+
|[14] Maine | | | | | 7|
| | | | | | |
| New Hampshire| 3| 4| 5| 6| 6|
| | | | | | |
| Massachusetts| 8| 14| 17| 20| 13|
| | | | | | |
| Rhode Island | 1| 2| 2| 2| 2|
| | | | | | |
| Connecticut | 5| 7| 7| 7| 6|
| | | | | | |
| Vermont | | 2| 4| 6| 5|
| | | | | | |
| New York | 6| 10| 17| 27| 34|
| | | | | | |
| New Jersey | 4| 5| 6| 6| 6|
| | | | | | |
| Pennsylvania | 8| 13| 18| 23| 26|
| | | | | | |
| Delaware | 1| 1| 1| 2| 1|
| | | | | | |
| Maryland | 6| 8| 9| 9| 9|
| | | | | | |
|[15] Virginia | 10| 19| 22| 28| 22|
| | | | | | |
| North | 5| 10| 12| 13| 13|
| Carolina | | | | | |
| | | | | | |
| South | 5| 6| 8| 9| 9|
| Carolina | | | | | |
| | | | | | |
| Georgia | 3| 2| 4| 6| 7|
| | | | | | |
| Kentucky | | 2| 6| 10| 12|
| | | | | | |
|[16] Tennessee | | | 3| 6| 9|
| | | | | | |
|[17] Ohio | | | | 6| 14|
| | | | | | |
|[18] Louisiana | | | | | 3|
| | | | | | |
|[19] Indiana | | | | | 3|
| | | | | | |
|[20] Mississippi | | | | | 1|
| | | | | | |
|[21] Illinois | | | | | 1
| | | | | | |
|[22] Alabama | | | | | 3|
| | | | | | |
|[23] Missouri | | | | | |
| | | | | | |
|[24] Michigan | | | | | |
| | | | | | |
|[25] Arkansas | | | | | |
| | | | | | |
|[26] Florida | | | | | |
| | | | | | |
|[27] Iowa | | | | | |
| | | | | | |
|[28] Texas | | | | | |
| | | | | | |
|[29] Wisconsin | | | | | |
| | | | | | |
|[30] California | | | | | |
| | | | | | |
|[31] Minnesota | | | | | |
| | | | | | |
|[32] Oregon | | | | | |
| | | | | | |
|[33] Kansas | | | | | |
| | | | | | |
|[34] West Virginia| | | | | |
| | | | | | |
|[35] Nevada | | | | | |
| | | | | | |
|[36] Nebraska | | | | | |
| | | | | | |
|[37] Colorado | | | | | |
| +--------+--------+--------+--------+--------+
| | 65| 105| 141| 186| 212|
+------------------+--------+--------+--------+--------+--------+

+------------------+--------+--------+--------+--------+--------+
| STATES. |1830[9] |1840[10] |1850[11] |1860[12] |1870[13]|
+------------------+--------+--------+--------+--------+--------+
|[14] Maine | 8| 7| 6| 5| 5|
| | | | | | |
| New Hampshire| 5| 4| 3| 3| 3|
| | | | | | |
| Massachusetts| 12| 10| 11| 10| 11|
| | | | | | |
| Rhode Island | 2| 2| 2| 2| 2|
| | | | | | |
| Connecticut | 6| 4| 4| 4| 4|
| | | | | | |
| Vermont | 5| 4| 3| 3| 3|
| | | | | | |
| New York | 40| 34| 33| 31| 33|
| | | | | | |
| New Jersey | 6| 5| 4| 5| 7|
| | | | | | |
| Pennsylvania | 28| 34| 25| 24| 27|
| | | | | | |
| Delaware | 1| 1| 1| 1| 1|
| | | | | | |
| Maryland | 8| 6| 6| 5| 6|
| | | | | | |
|[15] Virginia | 21| 15| 13| 8| 9|
| | | | | | |
| North | 13| 9| 8| 7| 8|
| Carolina | | | | | |
| | | | | | |
| South | 9| 7| 6| 4| 5|
| Carolina | | | | | |
| | | | | | |
| Georgia | 9| 18| 8| 7| 9|
| | | | | | |
| Kentucky | 13| 10| 10| 9| 10|
| | | | | | |
|[16] Tennessee | 13| 11| 10| 8| 10|
| | | | | | |
|[17] Ohio | 19| 21| 21| 19| 20|
| | | | | | |
|[18] Louisiana | 3| 4| 4| 5| 6|
| | | | | | |
|[19] Indiana | 7| 10| 11| 11| 13|
| | | | | | |
|[20] Mississippi | 2| 4| 5| 5| 6|
| | | | | | |
|[21] Illinois | 3| 7| 9| 14| 19|
| | | | | | |
|[22] Alabama | 5| 7| 7| 6| 8|
| | | | | | |
|[23] Missouri | 2| 5| 7| 9| 13|
| | | | | | |
|[24] Michigan | | 3| 4| 6| 9|
| | | | | | |
|[25] Arkansas | | 1| 2| 3| 4|
| | | | | | |
|[26] Florida | | | 1| 1| 2|
| | | | | | |
|[27] Iowa | | | 2| 6| 9|
| | | | | | |
|[28] Texas | | | 2| 4| 6|
| | | | | | |
|[29] Wisconsin | | | 3| 6| 8|
| | | | | | |
|[30] California | | | 2| 3| 4|
| | | | | | |
|[31] Minnesota | | | 2| 2| 3|
| | | | | | |
|[32] Oregon | | | 1| 1| 1|
| | | | | | |
|[33] Kansas | | | | 1| 3|
| | | | | | |
|[34] West Virginia| | | | 3| 3|
| | | | | | |
|[35] Nevada | | | | 1| 1|
| | | | | | |
|[36] Nebraska | | | | 1| 1|
| | | | | | |
|[37] Colorado | | | | | |
| +--------+--------+--------+--------+--------+
| | 241| 243| 236| 243| 292|
+------------------+--------+--------+--------+--------+--------+

[When vacancies happen in the representation from any State the
executive authority thereof shall issue writs of election to fill such
vacancies. _Const. U. S., Art. I, Sec. 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.]

SECTION VI.

QUORUM.

[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._]

SECTION VII.

CALL OF THE HOUSE.

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 a second time, and if still absent,
excuses are to be heard. _Ord. House of Commons_, 92.

They rise that their persons may be recognized; 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.

SECTION VIII.

ABSENCE.

[No member shall absent himself from the service of the Senate without
leave of the Senate first obtained. 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._]

SECTION XI.

SPEAKER.

[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._, 168. 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 die in diem for fourteen 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 recess.]

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 Tyrrell, in 1656, January
27; 1658, March 9; 1659, January 13.

Sir Job Charlton ill, Seymour chosen, }
1673, February 18. }
Seymour being ill, Sir Robert Sawyer } Not merely pro tempore,
chosen, 1678, April 15. } 1 _Chand._, 169, 276, 277.
Sawyer being ill, Seymour chosen. }

Thorpe in execution, a new Speaker chosen, _31 H._ VI. 3 _Grey_, 11; and
March 14, 1694, Sir John Trevor chosen. There have been no later
instances. 2 _Hats._, 161; 4 _Inst._; 8 _E. Parl._, 263.

A Speaker may be removed at the will of the House, and a Speaker pro
tempore appointed.[38] 2 _Grey_, 186; 5 _Grey_, 134.

SECTION X.

ADDRESS.

[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 _Chand._, 298, 301; or by such particular
members as are of the privy council. 2 _Hats._, 278.

SECTION XI.

COMMITTEES.

Standing committees, as of privileges and elections, etc., are usually
appointed at the first meeting, to continue through the session. The
person first named is generally permitted to act as chairman. But this
is a matter of courtesy; every committee having a right to elect their
own chairman, who presides over them, puts questions, and reports their
proceedings to the House. 4 _Inst._, 11, 12; _Scob._, 9; 1 _Grey_, 122.

At these committees the members are to speak standing, and not sitting;
though there is reason to conjecture it was formerly otherwise.
_D’Ewes_, 630, _col._ 1; 4 _Parl. Hist._, 440; 2 _Hats._, 77.

Their proceedings are not to be published, as they are of no force till
confirmed by the House. _Rushw., part 3, vol. 2_, 74; 3 _Grey_, 401;
_Scob._, 39. Nor can they receive a petition but through the House. _9
Grey_, 412.

When a committee is charged with an inquiry, if a member prove to be
involved, they cannot proceed against him, but must make a special
report to the House; whereupon the member is heard in his place, or at
the bar, or a special authority is given to the committee to inquire
concerning him. 9 _Grey_, 523.

So soon as the House sits, and a committee is notified of it, the
chairman is in duty bound to rise instantly, and the members to attend
the service of the House. 2 _Nals._, 319.

It appears that on joint committees of the Lords and Commons, each
committee acted integrally in the following instances: 7 _Grey_, 261,
278, 285, 338; 1 _Chandler_, 357, 462. In the following instances it
does not appear whether they did or not: 6 _Grey_, 129; 7 _Grey_, 213,
229, 321.[39]

SECTION XII.

COMMITTEE OF THE WHOLE.

The speech, message, and other matters of great concernment, are usually
referred to a committee of the whole house, (6 _Grey_, 311,) where
general principles are digested in the form of resolutions, which are
debated and amended till they get into a shape which meets the
approbation of a majority. These being reported and confirmed by the
House, are then referred to one or more select committees, according as
the subject divides itself into one or more bills. _Scob._, 36, 44.
Propositions for any charge on the people are especially to be first
made in a committee of the whole. 3 _Hats._, 127. The sense of the whole
is better taken in committee, because in all committees every one speaks
as often as he pleases. _Scob._, 49. They generally acquiesce in the
chairman named by the Speaker; but, as well as all other committees,
have a right to elect one, some member, by consent, putting the
question. _Scob._, 36; 3 _Grey_, 301. The form of going from the House
into committee is for the Speaker, on motion, to put the question that
the House do now resolve itself into a Committee of the Whole, to take
into consideration such a matter, naming it. If determined in the
affirmative, he leaves the chair and takes a seat elsewhere, as any
other member; and the person appointed chairman seats himself at the
clerk’s table. _Scob._, 36. Their quorum is the same as that of the
House, and if a defect happens, the chairman, on a motion and question,
rises, the Speaker resumes the chair, and the chairman can make no other
report than to inform the House of the cause of their dissolution. If a
message is announced during a committee, the Speaker takes the chair,
and receives it, because the committee cannot. 2 _Hats._, 125, 126.

In a Committee of the Whole, the tellers, on a division, differing as to
numbers, great heats and confusion arose, and danger of a decision by
the sword. The Speaker took the chair, the mace was forcibly laid on the
table: whereupon the Members retiring to their places, the Speaker told
the House “he had taken the chair without an order to bring the House
into order.” Some excepted against it; but it was generally approved, as
the only expedient to suppress the disorder. And every member was
required, standing up in his place, to engage that he would proceed no
further, in consequence of what had happened in the grand committee,
which was done. 3 _Grey_, 128.

A Committee of the Whole being broken up in disorder, and the chair
resumed by the Speaker without an order, the House was adjourned. The
next day the committee was considered as thereby dissolved, and the
subject again before the House, and it was decided in the House, without
returning into committee. 3 _Grey_, 130.

No previous question can be put in a committee, nor can this committee
adjourn as others may; but if their business is unfinished, they rise,
on a question, the House is resumed, and the chairman reports that the
Committee of the Whole have, according to order, had under their
consideration such a matter, and have made progress therein; but not
having had time to go through the same, have directed him to ask leave
to sit again. Whereupon a question is put upon their having leave, and
on the time the House will again resolve itself into a committee.
_Scob._, 38. But if they have gone through the matter referred to them,
a member moves that the committee may rise, and the chairman report
their proceedings to the House; which being resolved, the chairman
rises, the Speaker resumes the chair, the chairman informs him that the
committee have gone through the business referred to them, and that he
is ready to make report when the House shall think proper to receive it.
If the House have time to receive it, there is usually a cry of “Now,
now,” whereupon he makes the report; but if it be late, the cry is,
“To-morrow, to-morrow,” or “Monday,” etc.; or a motion is made to that
effect, and a question put, that it be received to-morrow, etc. _Scob._,
38.

In other things the rules of proceedings are to be the same as in the
House. _Scob._, 39.

SECTION XIII.

EXAMINATION OF WITNESSES.

Common fame is a good ground for the House to proceed by inquiry, and
even to accusation. _Resolution House of Commons, 1 Car._, 1, 1624;
_Rush., L. Parl._, 115; 1 _Grey_, 16-22, 92; _Grey_, 21, 23, 27, 45.

Witnesses are not to be produced but where the House has previously
instituted an inquiry (2 _Hats._, 102), nor then are orders for their
attendance given blank. 3 _Grey_, 51.

When any person is examined before a committee, or at the bar of the
House, any member wishing to ask the person a question, must address it
to the Speaker or chairman, who repeats the question to the person, or
says to him, “You hear the question--answer it.” But if the propriety of
the question be objected to, the Speaker directs the witness, counsel,
and parties, to withdraw, for no question can be moved or put or debated
while they are there. 2 _Hats._, 108. Sometimes the questions are
previously settled in writing before the witness enters. _Ib._, 106,
107; 8 _Grey_, 64. The questions asked must be entered in the journals.
3 _Grey_, 81. But the testimony given in answer before the House is
never written down; but before a committee it must be, for the
information of the House, who are not present to hear it. 7 _Grey_, 52,
334.

If either house have occasion for the presence of a person in custody of
the other, they ask the other their leave that he may be brought up to
them in custody. 3 _Hats._, 52.

A member, in his place, gives information to the House of what he knows
of any matter under hearing at the bar. _Jour. H. of C., Jan. 22,
1744-45._

Either house may request, but not demand, the attendance of a member of
the other. They are to make the request by message to the other house,
and to express clearly the purpose of attendance, that no improper
subject of examination may be tendered to him. The House then gives
leave to the member to attend, if he chooses it; waiting first to know
from the member himself whether he chooses to attend, till which they do
not take the message into consideration. But when the peers are sitting
as a court of criminal judicature, they may order attendance, unless
where it be a case of impeachment by the Commons. There it is to be a
request. 3 _Hats._, 17; 9 _Grey_, 306, 406; _10 Grey_, 133.

Counsel are to be heard only on private, not on public bills, and on
such points of law only as the House shall direct. _10 Grey_, 61.

SECTION XIV.

ARRANGEMENT OF BUSINESS.

The Speaker is not precisely bound to any rules as to what bills or
other matter shall be first taken up; but is left to his own discretion,
unless the House on the question decide to take up a particular subject.
_Hakew._, 136.

A settled order of business is, however, necessary for the government of
the presiding person, and to restrain individual members from calling up
favorite measures, or matters under their special patronage, out of
their just turn. It is useful also for directing the discretion of the
House, when they are moved to take up a particular matter, to the
prejudice of the others having priority of right to their attention in
the general order of business.

[In Senate, the bills and other papers which are in possession of the
House, and in a state to be acted on, are arranged every morning, and
brought on in the following order:]

[1. Bills ready for a second reading are read, that they may be referred
to committees, and so be put under way. But if, on their being read, no
motion is made for commitment, they are then laid on the table in the
general file, to be taken up in their just turn.]

[2. After 12 o’clock, bills ready for it are put on their passage.]

[3. Reports in possession of the House, which offer grounds for a bill,
are to be taken up, that the bill may be ordered in.]

[4. Bills or other matters before the House, and unfinished on the
preceding day, whether taken up in turn or on special order, are
entitled to be resumed and passed on through their present stage.]

[5. These matters being dispatched, for preparing and expediting
business, the general file of bills and other papers is then taken up,
and each article of it is brought on according to its seniority,
reckoned by the date of its first introduction to the House. Reports on
bills belong to the dates of their bills.]

[The arrangement of the business of the Senate is now as follows:]

[1. Motions previously submitted.]

[2. Reports of Committees previously made.]

[3. Bills from the House of Representatives, and those introduced on
leave, which have been read the first time, are read the second time;
and if not referred to a committee, are considered in Committee of the
Whole, and proceeded with as in other cases.]

[4. After twelve o’clock, engrossed bills of the Senate, and bills of
the House of Representatives, on third reading, are put on their
passage.]

[5. If the above are finished before one o’clock, the general file of
bills, consisting of those reported from committees on the second
reading, and those reported from committees after having been referred,
are taken up in the order in which they were reported to the Senate by
the respective committees.]

[6. At one o’clock, if no business be pending, or if no motion be called
to proceed to other business, the special orders are called, at the head
of which stands the unfinished business of the preceding day.]

[In this way we do not waste our time in debating what shall be taken
up. We do one thing at a time; follow up a subject while it is fresh,
and till it is done with, clear the House of business gradatim as it is
brought on, and prevent, to a certain degree, its immense accumulation
towards the close of the session.]

[Arrangement, however, can only take hold of matters in possession of
the House. New matter may be moved at any time when no question is
before the House. Such are original motions and reports on bills. Such
are bills from the other House, which are received at all times, and
receive their first reading as soon as the question then before the
House is disposed of; and bills brought in on leave, which are read
first whenever presented. So messages from the other House respecting
amendments to bills are taken up as soon as the House is clear of a
question, unless they require to be printed, for better consideration.
Orders of the day may be called for, even when another question is
before the House.]

SECTION XV.

ORDER.

[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. _Const._, I, 5.]

In Parliament, “Instances make order,” per Speaker Onslow. 2 _Hats._,
141. But what is done only by one Parliament, cannot be called custom of
Parliament; by Prynne. 1 _Grey_, 52.

SECTION XVI.

ORDER RESPECTING PAPERS.

The Clerk is to let no journals, records, accounts or papers, be taken
from the table or out of his custody. 2 _Hats._, 193, 194.

Mr. Prynne having at a Committee of the Whole amended a mistake in a
bill without order or knowledge of the committee, was reprimanded. _1
Chand._, 77.

A bill being missing, the House resolved that a protestation should be
made and subscribed by the members “before Almighty God and this
honorable House, that neither myself nor any other to my knowledge have
taken away, or do at this present conceal a bill entitled,” etc. _5
Grey_, 202.

After a bill is engrossed, it is put into the Speaker’s hands, and he is
not to let any one have it to look into. _Town._, _col._ 200.

SECTION XVII.

ORDER IN DEBATE.

When the Speaker is seated in his chair, every member is to sit in his
place. _Scob._, 6; 3 _Grey_, 403.

When any member means to speak, he is to stand up in his place,
uncovered, and to address himself, not to the House, or any particular
member, but to the speaker, who calls him by his name, that the House
may take notice who it is that speaks. _Scob._, 6; _D’Ewes_, 487; _col._
1; 2 _Hats._, 77; 4 _Grey_, 66; 8 _Grey_, 108. But members who are
indisposed may be indulged to speak sitting. 2 _Hats._, 75; 1 _Grey_,
143.

[In Senate, every member, when he speaks, shall address the chair,
standing in his place, and when he has finished, shall sit down. _Rule
3._]

When a member stands up to speak, no question is to be put, but he is
to be heard unless the House overrules him. 4 _Grey_, 390; 5 _Grey_, 6,
143.

If two or more rise to speak nearly together, the Speaker determines who
was first up, and calls him by name; whereupon he proceeds, unless he
voluntarily sits down and gives way to the other. But sometimes the
House does not acquiesce in the Speaker’s decision, in which case the
question is put, “Which member was first up?” 2 _Hats._, 76; _Scob._, 7;
_D’Ewes._, 434, _col._ 1, 2.

[In the Senate of the United States, the President’s decision is without
appeal. Their rule is in these words: _When two members rise at the same
time, the President shall name the person to speak; but in all cases_
the member who shall first rise and address the chair, shall speak
first. _Rule 5._]

No man may speak more than once on the same bill on the same day; or
even on another day, if the debate be adjourned. But if it be read more
than once in the same day, he may speak once at every reading. _Co._,
12, 115; _Hakew._, 148; _Scob._, 58; 2 _Hats._, 75. Even a change of
opinion does not give a right to be heard a second time. _Smyth’s Comw.,
L._ 2, _c._ 3; _Arcan Parl._, 17.

[The corresponding rule of the Senate is in these words: No member shall
speak more than twice, in any one debate on the same day, without leave
of the Senate. _Rule 4._]

But he may be permitted to speak again to a clear matter of fact (_3
Grey_, 357, 416); or merely to explain himself (2 _Hats._, 73) in some
material part of his speech (_Ib._ 75); or to the manner of words of the
question, keeping himself to that only, and not traveling into the
merits of it (_Memorials in Hakew._, 29), or to the orders of the House,
if they be transgressed, keeping within that line, and not falling into
the matter itself. _Mem. Hakew._, 30, 31.

But if the Speaker rise to speak, the member standing up ought to sit
down, that he may be first heard. _Town. col._, 205; _Hale Parl._, 133;
_Mem. in Hakew._, 30, 31. Nevertheless, though the Speaker may of right
speak to matters of order, and be first heard, he is restrained from
speaking on any other subject, except where the House have occasion for
facts within his knowledge; then he may with their leave, state the
matter of fact. 3 _Grey_, 38.

No one is to speak impertinently or beside the question, superfluously
or tediously. _Scob._, 31, 33; 2 _Hats._, 166, 168; _Hale Parl._, 133.

No person is to use indecent language against the proceedings of the
House; no prior determination of which is to be reflected on by any
member, unless he means to conclude with a motion to rescind it. _2
Hats._, 169, 170; _Rushw._, _p._ 3, _v._ 1, _fol._ 42. But while a
proposition under consideration is still in _fieri_, though it has even
been reported by a committee, reflections on it are no reflections on
the House. 9 _Grey_, 508.

No person in speaking, is to mention a member then present by his name,
but to describe him by his seat in the House, or who spoke last, or on
the other side of the question, etc. (_Mem. in Hakew._, 3; _Smyth’s
Comw._, _L._ 2, _c._ 3); nor to digress from the matter to fall upon the
person (_Scob._, 31; _Hale Parl._, 133; 2 _Hats._, 166) by speaking
reviling, nipping or unmanly words against a particular member. _Smyth’s
Comw._, _L._ 2, _c._ 3. The consequences of a measure may be reprobated
in strong terms; but to arraign the motives of those who propose to
advocate it, is a personality, and against order. _Qui digreditur a
materia ad personam_, Mr. Speaker ought to suppress. _Ord. Som., 1604,
Apr. 19._

[* * * When a member shall be called to order by the President or a
Senator, he shall sit down, and shall not proceed without leave of the
Senate; and every question of order shall be decided by the President,
without debate, subject to an appeal to the Senate; and the President
may call for the sense of the Senate on any question of order. _Rule
6._]

[No member shall speak to another or otherwise interrupt the business of
the Senate, or read any newspaper while the journals or public papers
are reading, or when any member is speaking in any debate. _Rule 2._]

No one is to disturb another in his speech by hissing, coughing,
spitting (6 _Grey_, 332; _Scob._, 8; _D’Ewes_, 332, _col._ 1, 640,
_col._ 1) speaking or whispering to another (_Scob._, 6; _D’Ewes_, 487,
_col._ 1); nor stand up to interrupt him (_Town._, _col._ 205; _Mem. in
Hakew._, 31); nor to push between the Speaker and the speaking member,
nor to go across the house (_Scob._, 6), or to walk up and down it, or
to take books or papers from the table, or write there. 2 _Hats._, 171.

Nevertheless, if a member finds that it is not the inclination of the
House to hear him, and that by conversation or any other noise they
endeavor to drown his voice, it is his most prudent way to submit to the
pleasure of the House, and sit down; for it scarcely ever happens that
they are guilty of this piece of ill manners without sufficient reason,
or inattentive to a member who says anything worth their hearing. _2
Hats._, 77, 78.

If repeated calls do not produce order, the Speaker may call by his name
any member obstinately persisting in irregularity; whereupon the House
may require the member to withdraw. He is then to be heard in
exculpation, and to withdraw. Then the Speaker states the offense
committed, and the House considers the degree of punishment they will
inflict. 3 _Hats._, 167, 7, 8, 172.

For instances of assaults and affrays in the House of Commons, and the
proceedings thereon, see 1 _Pet. Misc._, 82; 3 _Grey_, 128; 4 _Grey_,
328; 5 _Grey_, 382; 6 _Grey_, 254; _10 Grey_, 8.

Whenever warm words or an assault have passed between members, the
House, for the protection of their members, requires them to declare in
their places not to prosecute any quarrel (3 _Grey_, 127, 293; 5 _Grey_,
280); or orders them to attend the Speaker, who is to accommodate their
differences, and report to the House (3 _Grey_, 419); and they are put
under restraint if they refuse, or until they do. 9 _Grey_, 234, 312.

Disorderly words are not to be noticed till the member has finished his
speech. 5 _Grey_, 356; 6 _Grey_, 60. Then the person objecting to them,
and desiring them to be taken down by the clerk at the table, must
repeat them. The Speaker then may direct the clerk to take them down in
his minutes; but if he thinks them not disorderly, he delays the
direction. If the call becomes pretty general, he orders the clerk to
take them down, as stated by the objecting member. They are then part of
his minutes, and when read to the offending member, he may deny they
were his words, and the House must then decide by a question whether
they are his words or not. Then the member may justify them, or explain
the sense in which he used them, or apologize. If the House is
satisfied, no further proceeding is necessary. But if two members still
insist to take the sense of the House, the member must withdraw before
that question is stated, and then the sense of the House is to be taken.
2 _Hats._, 199; 4 _Grey_, 170; 6 _Grey_, 59. When any member has spoken,
or other business intervenes, after offensive words spoken, they cannot
be taken notice of for censure. And this is for the common security of
all, and to prevent mistakes which must happen if words are not taken
down immediately. Formerly they might be taken down at any time the same
day. 2 _Hats._, 196; _Mem. in Hakew._, 71; 3 _Grey_, 48; 9 _Grey_, 514.

Disorderly words spoken in a committee must be written down as in the
House; but the committee can only report them to the House for
animadversion. 6 _Grey_, 46.

[The rule of the Senate says: “If the member be called to order by a
senator for words spoken, the exceptional words shall immediately be
taken down in writing, that the President may be better enabled to judge
of the matter.” _Rule 7._]

In Parliament, to speak irreverently or seditiously against the King, is
against order. _Smyth’s Comw._, _L._ 2, _c._ 3; 2 _Hats._, 170.

It is a breach of order in debate to notice what has been said on the
same subject in the other house, or the particular votes or majorities
on it there; because the opinion of each house should be left to its own
independency, not to be influenced by the proceedings of the other; and
the quoting them might beget reflections leading to a misunderstanding
between the two houses. 8 _Grey_, 22.

Neither house can exercise any authority over a member or officer of the
other, but should complain to the house of which he is, and leave the
punishment to them. Where the complaint is of words disrespectfully
spoken by a member of another house, it is difficult to obtain
punishment, because of the rules supposed necessary to be observed (as
to the immediate noting down of words) for the security of members.
Therefore it is the duty of the House, and more particularly of the
Speaker, to interfere immediately, and not to permit expressions to go
unnoticed, which may give a ground of complaint to the other house, and
introduce proceedings and mutual accusations between the two houses,
which can hardly be terminated without difficulty and disorder. _3
Hats._, 51.

No member may be present when a bill or any business concerning himself
is debating; nor is any member to speak to the merits of it till he
withdraws. 2 _Hats._, 219. The rule is, that if a charge against a
member arise out of a report of a committee, or examination of witnesses
in the House, as the member knows from that to what points he is to
direct his exculpation, he may be heard to those points before any
question is moved or stated against him. He is then to be heard, and
withdraw before any question is moved. But if the question itself is the
charge, as for breach of order, or matter arising in the debate, then
the charge must be stated, (that is, the question must be moved,)
himself heard, and then to withdraw. 2 _Hats._, 121, 122.

Where the private interests of a member are concerned in a bill or
question, he is to withdraw. And where such an interest has appeared,
his voice has been disallowed, even after a division. In a case so
contrary, not only to the laws of decency, but to the fundamental
principle of the social compact which denies to any man to be a judge in
his own cause, it is for the honor of the House that this rule of
immemorial observance, should be strictly adhered to. 2 _Hats._, 119,
121; 6 _Grey_, 368.

No member is to come into the house with his head covered, nor to
remove from one place to another with his hat on, nor is to put on his
hat in coming in or removing, until he be set down in his place.
_Scob._, 6.

A question of order may be adjourned to give time to look into
precedents. 2 _Hats._, 118.

In Parliament all decisions of the Speaker may be controlled by the
House. 3 _Grey_, 319.

SECTION XVIII.

ORDERS OF THE HOUSE.

Of right, the doors of the House ought not to be shut, but to be kept by
porters, or sergeant-at-arms, assigned for that purpose. _Mod. Ten.
Parl._, 23.

[By the rules of the Senate, on motion made and seconded to shut the
doors of the Senate on the discussion of any business which may, in the
opinion of a member, require secrecy, the President shall direct the
gallery to be cleared; and during the discussion of such motion the
doors shall remain shut. _Rule 18._]

No motion shall be deemed in order to admit any person or persons
whatsoever, within the doors of the Senate chamber, to present any
petition, memorial or address, or to hear any such read. _Rule 19._

[The only case where a member has a right to insist on anything, is
where he calls for the execution of a subsisting order of the House.
Here, there having been already a resolution, any person has a right to
insist that the Speaker, or any other whose duty it is, shall carry it
into execution; and no debate or delay can be had on it. Thus any member
has a right to have the House or gallery cleared of strangers, an order
existing for that purpose; or to have the House told where there is not
a quorum present. 2 _Hats._, 87, 129. How far an order of the House is
binding. See _Hakew._, 392.]

But where an order is made that any particular matter be taken up on a
particular day, there a question is to be put, when it is called for,
whether the House will now proceed to that matter? Where orders of the
day are on important or interesting matter, they ought not to be
proceeded on till an hour at which the House is usually full, [_which in
Senate is at noon_.]

Orders of the day may be discharged at any time, and a new one made for
a different day. 3 _Grey_, 48, 313.

When a session is drawing to a close, and the important bills are all
brought in, the House, in order to prevent interruption by further
unimportant bills, sometimes come to a resolution that no new bill be
brought in, except it be sent from the other house. 3 _Grey_, 156.

All orders of the House determine with the session; and one taken under
such an order may, after the session is ended, be discharged on a habeas
corpus. _Raym._, 120; _Jacob’s L. D. by Ruffhead_; _Parliament, 1 Lev._,
165, (_Pritchard’s case_.)

[Where the Constitution authorizes each House to determine the rules of
its proceedings, it must mean in those cases (legislative, executive or
judiciary) submitted to them by the Constitution, or in something
relating to these, and necessary towards their execution. But orders and
resolutions are sometimes entered in the journals, having no relation to
these, such as acceptances of invitations to attend orations, to take
part in processions, etc. These must be understood to be merely
conventional among those who are willing to participate in the ceremony,
and are, therefore, perhaps, improperly placed among the records of the
House.]

SECTION XIX.

PETITIONS.

A petition prays something. A remonstrance has no prayer. 1 _Grey_, 58.

Petitions must be subscribed by the petitioners (_Scob._, 87; _L.
Parl._, _c._ 22; 9 _Grey_, 362), unless they are attending (1 _Grey_,
401); or unable to sign, and averred by a member (3 _Grey_, 418). But a
petition not subscribed, but which the member presenting it affirmed to
be all in the handwriting of the petitioner, and his name written in the
beginning, was on the question (Mar. 14, 1800) received by the Senate.
The averment of a member, or of somebody withoutdoors, that they know
the handwriting of the petitioners, is necessary, if it be questioned
(6 _Grey_, 36). It must be presented by a member, not by the
petitioners, and must be opened by him holding it in his hand. _10
Grey_, 57.

[Before any petition or memorial addressed to the Senate shall be
received and read at the table, whether the same shall be introduced by
the President or a member, a brief statement of the contents of the
petition or memorial shall verbally be made by the introducer. _Rule
24._]

Regularly, a motion for receiving it must be made and seconded, and a
question put, whether it shall be received? But a cry from the House of
“Received,” or even its silence, dispenses with the formality of this
question; it is then to be read at the table, and disposed of.

SECTION XX.

MOTIONS.

When a motion has been made it is not to be put to the question, or
debated until it is seconded. _Scob._, 21.

[The Senate say: No motion shall be debated until the same shall be
seconded. _Rule 9._]

It is then, and not till then, in possession of the House, and cannot be
withdrawn but by leave of the House. It is to be put into writing, if
the House or Speaker require it, and must be read to the House by the
Speaker as often as any member desires it for his information. _2
Hats._, 82.

[The rule of the Senate is: When a motion shall be made and seconded, it
shall be reduced to writing, if desired by the President or any member,
delivered in at the table, and read, before the same shall be debated.
* * * _Rule 10._]

It might be asked, whether a motion for adjournment or for the orders of
the day, can be made by any one member while another is speaking. It
cannot. When two members offer to speak, he who rose first is to be
heard; and it is a breach of order in another to interrupt him, unless
by calling him to order if he departs from it. And the question of order
being decided, he is still to be heard through. A call for adjournment,
or for the order of the day, or for the question, by gentlemen from
their seats, is not a motion. No motion can be made without arising and
addressing the chair. Such calls are themselves breaches of order,
which, though the member who has risen may respect as an expression of
impatience of the House against further debate, yet, if he chooses, he
has a right to go on.

SECTION XXI.

RESOLUTIONS.

When the House commands, it is by an “order.” But facts, principles, and
their own opinions and purposes, are expressed in the form of
resolutions.

[A resolution for an allowance of money to the clerks being moved, it
was objected to as not in order, and so ruled by the Chair; but on an
appeal to the Senate (_i. e._, a call for their sense by the President,
on account of doubt in his mind, according to rule 26), the decision was
overruled, _Jour. Sen., June 1, 1796_. I presume the doubt was, whether
an allowance of money could be made otherwise than by bill.]

SECTION XXII.

BILLS.

[Every bill shall receive three readings previous to its being passed;
and the President shall give notice at each whether it be first, second
or third; which readings shall be on three different days, unless the
Senate unanimously direct otherwise. * * * _Rule 26._]

SECTION XXIII.

BILLS--LEAVE TO BRING IN.

[One day’s notice, at least, shall be given of an intended motion for
leave to bring in a bill. _Rule 25._]

When a member desires to bring in a bill on any subject, he states to
the House in general terms the causes for doing it, and concludes by
moving for leave to bring in a bill entitled, etc. Leave being given on
the question, a committee is appointed to prepare and bring in the bill.
The mover and seconder are always appointed of this committee, and one
or more in addition. _Hakew._, 122; _Scob._, 40.

It is to be presented fairly written, without any other erasure or
interlineation, or the Speaker may refuse it. _Scob._, 41; 1 _Grey_, 82,
84.

SECTION XXIV.

BILLS--FIRST READING.

When a bill is first presented, the clerk reads it at the table, and
hands it to the Speaker, who, rising, states to the House the title of
the bill; that this is the first time of reading it; and the question
will be, whether it shall be read a second time? then sitting down to
give an opening for objections. If none be made, he rises again, and
puts the question, whether it shall be read a second time? _Hakew._,
137, 141. A bill cannot be amended on the first reading, (6 _Grey_,
286;) nor is it usual for it to be opposed then, but it may be done and
rejected. _D’Ewes_, 335, _col_ 1; 3 _Hats._, 198.

SECTION XXV.

BILLS--SECOND READING.

The second reading must regularly be on another day. _Hakew._, 143. It
is done by the Clerk at the table, who then hands it to the Speaker. The
Speaker rising, states to the House the title of the bill; that this is
the second time of reading it; and that the question will be, whether it
shall be committed or engrossed and read a third time? But if the bill
came from the other House, as it always comes engrossed, he states that
the question will be, whether it shall be read a third time? and before
he has so reported the state of the bill, no one is to speak to it.
_Hakew._, 143, 146.

[In the Senate of the United States, the President reports the title of
the bill; that this is the second time of reading it; that it is now to
be considered as in a Committee of the Whole; and the question will be,
whether it shall be read a third time? or that it may be referred to a
special committee?]

SECTION XXVI.

BILLS--COMMITMENT.

If on motion and question it be decided that the bill shall be
committed, it may then be moved to be referred to Committee of the Whole
House, or to a special committee. If the latter, the Speaker proceeds to
name the committee. Any member also may name a single person, and the
clerk is to write him down as of the committee. But the House have a
controlling power over the names and number, if a question be moved
against anyone; and may in any case put in and put out whom they please.

Those who take exceptions to some particulars in the bill are to be of
the committee, but none who speak directly against the body of the bill;
for he that would totally destroy will not amend it, (_Hakew._, 146;
_Town._, _col._ 208; _D’Ewes_, 634, _col._ 2; _Scob._, 47;) or, as it is
said, (5 _Grey_, 145,) the child is not to be put to a nurse that cares
not for it, (6 _Grey_, 373.) It is therefore a constant rule “that no
man is to be employed in any matter who has declared himself against
it.” And when any member, who is against the bill, hears himself named
to its committee, he ought to ask to be excused. Thus (March 7, 1606)
Mr. Hadley was, on the question being put, excused from being of a
committee, declaring himself to be against the matter itself. _Scob._,
46.

[No bill shall be committed or amended until it shall have been twice
read; after which it may be referred to a committee. _Rule 27._]

[In the appointment of the standing committees, the Senate will proceed,
by ballot, severally to appoint the Chairman of each committee; and
then, by one ballot, the other members necessary to complete the same;
and a majority of the whole number of votes given shall be necessary to
the choice of a chairman of a standing committee. All other committees
shall be appointed by ballot, and a plurality of votes shall make a
choice. When any subject or matter shall have been referred to a
committee, any other subject or matter of a similar nature, may, on
motion, be referred to such committee. _Rule 34._]

The clerk may deliver the bill to any member of the committee, (_Town._,
_col._ 138;) but it is usual to deliver it to him who is first named.

In some cases the House has ordered a committee to withdraw immediately
into the Committee Chamber, and act on and bring back the bill, sitting
in the House. _Scob._, 48. A committee meet when and where they please,
if the House has not ordered time and place for them, (6 _Grey_, 370;)
but they can only act when together, and not by separate consultation
and consent--nothing being the report of the committee but what has been
agreed to in committee actually assembled.

A majority of the committee constitutes a quorum for business.
_Elsynge’s Method of Passing Bills_, 11.

Any member of the House may be present at any select committee, but
cannot vote, and must give place to all of the committee, and sit below
them. _Elsynge_, 12; _Scob._, 49.

The committee have full power over the bill or other paper committed to
them, except that they cannot change the title or subject. 8 _Grey_,
228.

The paper before a committee, whether select or of the whole, may be a
bill, resolutions, draught of an address, etc., and it may either
originate with them or be referred to them. In every case the whole
paper is read first by the clerk, and then by the chairman, by
paragraphs, (_Scob._, 49,) pausing at the end of each paragraph, and
putting questions for amending, if proposed. In the case of resolutions
on distinct subjects, originating with themselves, a question is put on
each separately, as amended or unamended, and no final question on the
whole. (3 _Hats._, 276;) but if they relate to the same subject, a
question is put on the whole. If it be a bill, draught of an address, or
other paper originating with them, they proceed by paragraphs; putting
questions for amending either by insertion or striking out, if proposed;
but no question on agreeing to the paragraphs separately; this is
reserved to the close, when a question is put on the whole for agreeing
to it as amended or unamended. But if it be a paper referred to them,
they proceed to put questions of amendment, if proposed, but no final
question on the whole, because all parts of the paper, having been
adopted by the House, stand, of course, unless altered or struck out by
a vote. Even if they are opposed to the whole paper, and think it cannot
be made good by amendments, they cannot reject it, but must report it
back to the House without amendments, and there make their opposition.

The natural order in considering and amending any paper is, to begin at
the beginning, and proceed through it by paragraphs, and this order is
so strictly adhered to in Parliament, that when a latter part has been
amended, you cannot recur back and make any alterations in a former
part. 2 _Hats._, 90. In numerous assemblies this restraint is doubtless
important. [But in the Senate of the United States, though in the main
we consider and amend the paragraphs in their natural order, yet
recurrences are indulged; and they seem, on the whole, in that small
body, to produce advantages overweighing their inconveniences.]

To this natural order of beginning at the beginning, there is a single
exception found in parliamentary usage. When a bill is taken up in
committee, or on its second reading, they postpone the preamble till the
other parts of the bill are gone through. The reason is, that on
consideration of the body of the bill, such alterations may therein be
made as may also occasion the alteration of the preamble. _Scob._, 50;
7 _Grey_, 431.

On this head the following case occurred in the Senate, March 6, 1800: A
resolution which had no preamble having been already amended by the
House so that a few words only of the original remained in it, a motion
was made to prefix a preamble, which having an aspect very different
from the resolution, the mover intimated that he should afterwards
propose a corresponding amendment in the body of the resolution. It was
objected that a preamble could not be taken up till the body of the
resolution is done with; but the preamble was received, because we are
in fact through the body of the resolution; we have amended that as far
as amendments have offered, and, indeed, till little of the original is
left. It is the proper time, therefore, to consider a preamble; and
whether the one offered be consistent with the resolution is for the
House to determine. The mover, indeed, has intimated that he shall offer
a subsequent proposition for the body of the resolution; but the House
is not in possession of it; it remains in his breast, and may be
withheld. The rules of the House can only operate on what is before
them. [The practice of the Senate, too, allows recurrences backwards and
forwards, for the purposes of amendment, not permitting amendments in a
subsequent to preclude those in a prior part, or _e converso_.]

When the committee is through the whole, a member moves that the
committee may rise, and the chairman report the paper to the House, with
or without amendments, as the case may be. 2 _Hats._, 289, 292; _Scob._,
53; 2 _Hats._, 290; 8 _Scob._, 50.

When a vote is once passed in a committee, it cannot be altered but by
the House, their votes being binding on themselves. _1607, June 4._

The committee may not erase, interline, or blot the bill itself; but
must, in a paper by itself, set down the amendments, stating the words
which are to be inserted or omitted (_Scob._, 50), and where, by
references to the page, line, and word of the bill. _Scob._, 50.

SECTION XXVII.

REPORT OF COMMITTEE.

The chairman of the committee, standing in his place, informs the House
that the committee, to whom was referred such a bill, have, according to
order, had the same under consideration, and have directed him to report
the same without any amendment or with sundry amendments (as the case
may be), which he is ready to do when the House pleases to receive it.
And he or any other may move that it be now received; but the cry of
“now, now,” from the House, generally dispenses with the formality of a
motion and question. He then reads the amendment, with the coherence in
the bill, and opens the alterations and the reasons of the committee for
such amendments, until he has gone through the whole. He then delivers
it at the clerk’s table, where the amendments reported are read by the
clerk without the coherence; whereupon the papers lie upon the table
till the House, at its convenience, shall take up the report. _Scob._,
52; _Hakew._, 148.

The report being made, the committee is dissolved and can act no more
without a new power. _Scob._, 51. But it may be revived by a vote, and
the same matter recommitted to them. 4 _Grey_, 361.

SECTION XXVIII.

BILL--RECOMMITMENT.

After a bill has been committed and reported, it ought not in an
ordinary course to be recommitted; but in cases of importance, and for
special reasons, it is sometimes recommitted, and usually to the same
committee. _Hakew._, 151. If a report be recommitted before agreed to in
the House, what has passed in committee is of no validity; the whole
question is again before the committee, and a new resolution must be
again moved, as if nothing had passed. 2 _Hats._, 131--_note_.

In Senate, January, 1800, the salvage bill was recommitted three times
after the commitment.

A particular clause of a bill may be committed without the whole bill
(3 _Hats._, 131); or so much of a paper to one and so much to another
committee.

SECTION XXIX.

BILL--REPORTS TAKEN UP.

When the report of a paper originating with a committee is taken up by
the House, they proceed exactly as in committee. Here, as in committee,
when the paragraphs have, on distinct questions, been agreed to
_seriatim_ (5 _Grey_, 366; 6 _Grey_, 368; 8 _Grey_, 47, 104, 360; _1
Torbuck’s Deb._, 125; 3 _Hats._, 348), no question need be put on the
whole report. 5 _Grey_, 381.

On taking up a bill reported with amendments, the amendments only are
read by the Clerk. The Speaker then reads the first, and puts it to the
question, and so on until the whole are adopted or rejected, before any
other amendment be admitted, except it be an amendment to an amendment.
_Elsynge’s Mem._, 53. When through the amendments of the committee, the
Speaker pauses, and gives time for amendments to be proposed in the
House to the body of the bill as he does also if it has been reported
without amendments, putting no questions but on amendments proposed; and
when through the whole, he puts the question whether the bill be read
the third time.

SECTION XXX.

QUASI-COMMITTEE.

If on motion and question the bill be not committed, or if no
proposition for commitment be made, then the proceedings in the Senate
of the United States and in Parliament are totally different. The former
shall be first stated.

[The 28th rule of the Senate says: “All bills on a second reading shall
first be considered by the Senate in the same manner as if the Senate
were in Committee of the Whole, before they shall be taken up and
proceeded on by the Senate agreeably to the standing rules, unless
otherwise ordered;” (that is to say, unless ordered to be referred to a
special committee.) And when the Senate shall consider a treaty, bill,
or resolution, as in Committee of the Whole, the Vice-President or
President _pro tempore_ may call a member to fill the chair during the
time the Senate shall remain in Committee of the Whole; and the chairman
(so called) shall, during such time, have the powers of a President _pro
tempore_.]

[The proceedings of the Senate, as in a Committee of the Whole, or in
Quasi-Committee, are precisely as in a real Committee of the Whole,
taking no questions but on amendments. When through the whole, they
consider the Quasi-Committee as risen, the House resumes without any
motion, question, or resolution to that effect, and the President
reports that “The House acting as in Committee of the Whole, have had
under their consideration the bill entitled, etc., and have made sundry
amendments, which he will now report to the House.” The bill is then
before them, as it would have been if reported from a committee, and the
questions are regularly to be put again on every amendment; which being
gone through, the President pauses to give time to the House to propose
amendments to the body of the bill, and when through, puts the question
whether it shall be read a third time.]

[After progress in amending the bill in Quasi-Committee, a motion may be
made to refer it to a special committee. If the motion prevails, it is
equivalent in effect to the several votes, that the committee rise, the
House resume itself, discharge the Committee of the Whole, and refer the
bill to a special committee. In that case, the amendments already made,
fall. But if the motion falls, the Quasi-Committee stands _in statu
quo_.]

[How far does this 28th rule subject the House, when in Quasi-Committee,
to the laws which regulate the proceedings of Committees of the Whole?]
The particulars in which these differ from proceedings in the House are
the following: 1. In a committee every member may speak as often as he
pleases. 2. The votes of a committee may be rejected or altered when
reported to the House. 3. A committee, even of the Whole, cannot refer
any matter to another committee. 4. In a committee no previous question
can be taken: the only means to avoid an improper discussion is to move
that the committee rise; and if it be apprehended that the same
discussion will be attempted on returning into committee, the House can
discharge them, and proceed itself on the business, keeping down the
improper discussions by the previous question. 5. A committee cannot
punish a breach of order in the House, or in the gallery. 9 _Grey_, 113.
It can only rise and report it to the House, who may proceed to punish.
[The first and second of these peculiarities attach to the
Quasi-Committee of the Senate, as every day’s practice proves, and seem
to be the only ones to which the 28th rule meant to subject them; for it
continues to be a House, and therefore, though it acts in some respects
as a committee, in others it preserves its character as House. Thus: 3.
It is in the daily habit of referring its business to a special
committee. 4. It admits of the previous question; if it did not, it
would have no means of preventing an improper discussion, not being
able, as a committee is, to avoid it by returning into the House, for
the moment it would resume the same subject there, the 28th rule
declares it again a Quasi-Committee. 5. It would doubtless exercise its
powers as a house on any breach of order. 6. It takes a question by yea
and nay, as the House does. 7. It receives messages from the President
and the other House. 8. In the midst of a debate it receives a motion to
adjourn, and adjourns as a house, not a committee.]

SECTION XXXI.

BILLS--SECOND READING IN THE HOUSE.

In Parliament, after the bill has been read a second time, if on the
motion and question it be not committed, or if no proposition for
commitment be made, the Speaker reads it by paragraphs, pausing between
each, but putting no question but on amendments proposed; and when
through the whole, he puts the question whether it shall be read a third
time? if it come from the other House; or, if originating with
themselves, whether it shall be engrossed and read a third time? The
Speaker reads sitting, but rises to put questions. The clerk stands
while he reads.

[[40]But the Senate of the United States is so much in the habit of
making many and material amendments at the third reading, that it has
become the practice not to engross a bill till it has passed--an
irregular and dangerous practice, because in this way the paper which
passes the Senate is not that which goes to the other House, and that
which goes to the other House as the act of the Senate has never been
seen in Senate. In reducing numerous, difficult, and illegible
amendments into the text, the Secretary may with the most innocent
intentions, commit errors which can never again be corrected.]

The bill being now as perfect as its friends can make it, this is the
proper stage for those fundamentally opposed to make their first attack.
All attempts at earlier periods are with disjointed efforts, because
many who do not expect to be in favor of the bill ultimately are willing
to let it go on to its perfect state, to take time to examine it
themselves and to hear what can be said for it, knowing that after all,
they will have sufficient opportunities of giving it their veto. Its
last two stages, therefore, are reserved for this--that is to say, on
the question whether it shall be engrossed and read a third time, and
lastly, whether it shall pass? The first of these is usually the most
interesting contest, because then the whole subject is new and engaging;
and the minds of the members having not yet been declared by any trying
vote, the issue is the more doubtful. In this stage, therefore, is the
main trial of strength between its friends and opponents, and it
behooves every one to make up his mind decisively for this question, or
he loses the main battle; and accident and management may, and often do,
prevent a successful rallying on the next and last question, whether it
shall pass.

When the bill is engrossed, the title is to be endorsed on the back and
not within the bill. _Hakew._, 250.

SECTION XXXII.

READING PAPERS.

Where papers are laid before the House or referred to a committee, every
member has a right to have them once read at the table before he can be
compelled to vote on them; but it is a great though common error to
suppose that he has a right _toties quoties_, to have acts, journals,
accounts, or papers on the table, read independently of the will of the
House. The delay and interruption which this might be made to produce,
evince the impossibility of the existence of such a right. There is,
indeed, so manifest a propriety of permitting every member to have as
much information as possible on every question on which he is to vote,
that when he desires the reading, if it be seen that it is really for
information and not for delay, the Speaker directs it to be read without
putting a question, if no one objects; but if objected to, a question
must be put. 2 _Hats._, 117, 118.

It is equally an error to suppose that any member has a right, without a
question put, to lay a book or paper on the table, or have it read, on
suggesting that it contains matter infringing on the privileges of the
House. _Ib._

For the same reason a member has not a right to read a paper in his
place, if it be objected to, without leave of the House. But this rigor
is never exercised but where there is an intentional or gross abuse of
the time and patience of the House.

A member has not a right even to read his own speech, committed to
writing, without leave. This also is to prevent an abuse of time, and
therefore is not refused but where that is intended. 2 _Grey_, 226.

A report of a committee of the Senate on a bill from the House of
Representatives being under consideration, on motion that the report of
the committee of the House of Representatives on the same bill be read
in the Senate, it passed in the negative. _Feb. 28, 1793._

Formerly when papers were referred to a committee, they used to be first
read; but of late only the titles, unless a number insist that they
shall be read, and then nobody can oppose it. 2 _Hats._, 117.

SECTION XXXIII.

PRIVILEGED QUESTIONS.

[[41] While a question is before the Senate, no motion shall be
received, unless for an amendment, for the previous question, or for
postponing the main question, or to commit it, or to adjourn. _Rule 8._]

It is no possession of a bill unless it be delivered to the Clerk to be
read, or the Speaker reads the title. _Lex. Parl._, 273; _Elsynge’s
Mem._, 85; _Ord. House of Commons_, 64.

It is a general rule that the question first moved and seconded shall be
first put. _Scob._, 28, 22; 2 _Hats._, 81. But this rule gives way to
what may be called privileged questions; and the privileged questions
are of different grades among themselves.

A motion to adjourn simply takes place of all others, for otherwise the
House might be kept sitting against its will, and indefinitely. Yet this
motion cannot be received after another question is actually put, and
while the House is engaged in voting.

Orders of the day take place of all other questions, except for
adjournment--that is to say, the question which is the subject of an
order is made a privileged one, _pro hac vice_. The order is a repeal of
the general rule as to this special case. When any member moves,
therefore, for the Order of the Day to be read, no further debate is
permitted on the question which was before the House; for if the debate
might proceed, it might continue through the day and defeat the order.
This motion, to entitle it to precedence, must be for the orders
generally, and not for any particular one; and if it be carried on the
question, “Whether the House will now proceed to the orders of the day?”
they must be read and proceeded on in the course in which they stand (_2
Hats._, 83), for priority of order gives priority of right, which cannot
be taken away but by another special order.

After these there are other privileged questions, which will require
considerable explanation.

It is proper that every parliamentary assembly should have certain forms
of questions, so adapted as to enable them fitly to dispose of every
proposition which can be made to them. Such are: 1. The previous
question. 2. To postpone indefinitely. 3. To adjourn a question to a
definite day. 4. To lie on the table. 5. To commit. 6. To amend. The
proper occasion for each of these questions should be understood.

1. When a proposition is moved which it is useless or inexpedient now to
express or discuss, the previous question has been introduced for
suppressing for that time the motion and its discussion. 3 _Hats._, 188,
189.

2. But as the previous question gets rid of it only for that day, and
the same proposition may recur the next day, if they wish to suppress it
for the whole of that session, they postpone it indefinitely. 3 _Hats._,
183. This quashes the proposition for that session, as an indefinite
adjournment is a dissolution, or the continuance of a suit sine die is a
discontinuance of it.

3. When a motion is made which it will be proper to act on, but
information is wanted, or something more pressing claims the present
time, the question or debate is adjourned to such day within the session
as will answer the views of the House. 2 _Hats._, 81. And those who have
spoken before may not speak again when the adjourned debate is resumed.
2 _Hats._, 73. Sometimes, however, this has been abusedly used by
adjourning it to a day beyond the session, to get rid of it altogether,
as would be done by an indefinite postponement.

4. When the House has something else which claims its present attention,
but would be willing to reserve in their power to take up a proposition
whenever it shall suit them, they order it to lie on the table. It may
then be called for at any time.

5. If the proposition will want more amendment and digestion than the
formalities of the House will conveniently admit, they refer it to a
committee.

6. But if the proposition be well digested, and may need but few and
simple amendments, and especially if these be of leading consequence,
they then proceed to consider and amend it themselves.

The Senate, in their practice, vary from this regular gradation of
forms. Their practice comparatively with that of Parliament stands thus:

FOR THE PARLIAMENT: THE SENATE USES:

Postponement indefinite, Postponement to a day beyond the session,
Adjournment, Postponement to a day within the session,
Lying on the table. { Postponement indefinite,
{ Lying on the table.

In their eighth rule, therefore, which declares that while the question
is before the Senate no motion shall be received, unless it be for the
previous question, or to postpone, commit, or amend the main question,
the term postponement must be understood according to their broad use of
it and not in the parliamentary sense. Their rule then establishes as
privileged questions, the previous questions, postponement, commitment
and amendment.

But it may be asked, Have these questions any privileges among
themselves? or are they so equal that the common principle of the “first
moved first put” takes place among them? This will need explanation.
Their competitions may be as follows:

1. Previous question and postpone } In the first, second and
commit } third classes, and the
amend } first member of the
fourth class the rule
2. Postpone and previous question } “first moved first put”
commit } takes place.
amend }

3. Commit and previous question }
postpone }
amend }

4. Amend and previous question }
postpone }
commit }

In the first class, where the previous question is first moved, the
effect is peculiar; for it not only prevents the after motion to
postpone or commit from being put to question before it, but also from
being put after it; for if the previous question be decided
affirmatively, to wit, that the main question shall _now_ be put, it
would of course be against the decision to postpone or commit; and if it
be decided negatively, to wit, that the main question shall not now be
put, this puts the House out of possession of the main question, and
consequently there is nothing before them to postpone or commit. So that
neither voting for nor against the previous question will enable the
advocates for postponing or committing to get at their object. Whether
it may be amended shall be examined hereafter.

Second class. If postponement be decided affirmatively, the proposition
is removed from before the House, and consequently there is no ground
for the previous question, commitment, or amendment; but if decided
negatively (that it shall not be postponed), the main question may then
be suppressed by the previous question, or may be committed or amended.

The third class is subject to the same observations as the second.

The fourth class. Amendment of the main question first moved, and
afterwards the previous question, the question of amendment shall be
first put.

Amendment and postponement competing, postponement is first put, as the
equivalent proposition to adjourn the main question would be in
Parliament. The reason is, that the question for amendment is not
suppressed by postponing or adjourning the main question, but remains
before the House whenever the main question is resumed; and it might be
that the occasion for other urgent business might go by, and be lost by
length of debate on the amendment if the House had it not in their power
to postpone the whole subject.

Amendment and commitment. The question for committing though last moved,
shall be first put; because, in truth, it facilitates and befriends the
motion to amend. _Scobell_ is express: “On motion to amend a bill, any
one may notwithstanding move to commit it, and the question for
commitment shall be first put.” _Scob._, 46.

We have hitherto considered the case of two or more of the privileged
questions contending for privilege between themselves, when both are
moved on the original or main question; but now let us suppose one of
them to be moved not on the original primary question, but on the
secondary one, _e. g._

Suppose a motion to postpone, commit or amend the main question, and
that it be moved to suppress that motion by putting a previous question
on it. This is not allowed, because it would embarrass questions too
much to allow them to be piled on one another several stories high; and
the same result may be had in a more simple way, by deciding against the
postponement, commitment or amendment. 2 _Hats._, 81, 2, 3, 4.

Suppose a motion for the previous question, or commitment, or amendment
of the main question, and that it be then moved to postpone the motion
for the previous question, or for commitment or amendment of the main
question. 1. It would be absurd to postpone the previous question,
commitment or amendment alone, and thus separate the appendage from its
principal; yet it must be postponed separately from its original, if at
all, because the eighth rule of Senate says that “When a main question
is before the house, no motion shall be received but to commit, amend or
pre-question the original question,” which is the parliamentary doctrine
also; therefore, the motion to postpone the secondary motion for the
previous question, or for committing or amending, cannot be received. 2.
This is a piling of questions one on another; which, to avoid
embarrassment, is not allowed. 3. The same result may be had more simply
by voting against the previous question, commitment or amendment.

Suppose a commitment moved of a motion for the previous question, or to
postpone or amend. The first, second and third reasons before stated,
all hold good against this.

Suppose an amendment moved to a motion for the previous question.
Answer: the previous question cannot be amended. Parliamentary usage, as
well as the ninth rule of the Senate, has fixed its form to be, “Shall
the main question be now put?”--_i. e._, at this instant; and as the
present instant is but one, it can admit of no modification. To change
it to to-morrow, or any other moment, is without example and without
utility. But suppose a motion to amend a motion for postponement, as to
one day instead of another, or to a special instead of an indefinite
time. The useful character of amendment gives it a privilege of
attaching itself to a secondary and privileged motion: that is, we may
amend a postponement of a main question. So, we may amend a commitment
of a main question, as by adding, for example, “with instructions to
inquire,” etc. In like manner, if an amendment be moved to an amendment,
it is admitted; but it would not be admitted in another degree, to-wit:
to amend an amendment to an amendment of a main question. This would
lead to too much embarrassment. The line must be drawn somewhere, and
usage has drawn it after the amendment to the amendment. The same result
must be sought by deciding against the amendment to the amendment, and
then moving it again as it wished to be amended. In this form it becomes
only an amendment to an amendment.

[When motions are made for reference of the same subject to a select
committee and to a standing committee, the question on reference to the
standing committee shall be first put. _Rule 36._]

[In filling a blank with a sum, the largest sum shall be first put to
the question, by the thirteenth rule of the Senate,[42]] contrary to the
rule of Parliament, which privileges the smallest sum and longest time.
5 _Grey_, 179; 2 _Hats._, 8, 83; 3 _Hats._, 132, 133. And this is
considered to be not in the form of an amendment to the question, but as
alternative or successive originals. In all cases of time or number, we
must consider whether the larger comprehends the lesser, as in a
question to what day a postponement shall be, the number of a committee,
amount of a fine, term of an imprisonment, term of irredeemability of a
loan, or the _terminus in quem_ in any other case; then the question
must begin _a maximo_. Or whether the lesser includes the greater, as in
questions on the limitation of the rate of interest, on what day the
session shall be closed by adjournment, on what day the next shall
commence when an act shall commence, or the _terminus a quo_ in any
other case where the question must begin _a minimo_; the object being
not to begin at that extreme which, and more, being within every man’s
wish, no one could negative it, and yet, if he should vote in the
affirmative, every question for more would be precluded; but at that
extreme which would unite few, and then to advance or recede till you
get a number which will unite a bare majority. 3 _Grey_, 376, 384, 385.
“The fair question in this case is not that to which, and more, all will
agree, whether there shall be addition to the question.” _Grey_, 355.

Another exception to the rule of priority is when a motion has been made
to strike out or agree to a paragraph. Motions to amend it are to be put
to the question before a vote is taken on striking out or agreeing to
the whole paragraph.

But there are several questions which, being incidental to every one,
will take place of every one, privileged or not, to-wit: a question of
order arising out of any other question must be decided before that
question. 2 _Hats._, 88.

A matter of privilege arising out of any question, or from a quarrel
between two members or any other cause, supercedes the consideration of
the original question, and must be first disposed of. 2 _Hats._, 88.

Reading papers relative to the question before the House. This question
must be put before the principal one. 2 _Hats._, 88.

Leave asked to withdraw a motion. The rule of Parliament being that a
motion made and seconded is in the possession of the House, and cannot
be withdrawn without leave, the very terms of the rule imply that leave
may be given, and, consequently, may be asked and put to the question.

SECTION XXXIV.

THE PREVIOUS QUESTION.

When any question is before the House, any member may move a previous
question. “Whether that question (called the main question) shall now be
put?” If it pass in the affirmative, then the main question is to be put
immediately, and no man may speak anything further to it, either to add
or alter. _Memor. in Hakew._, 28; 4 _Grey_, 27.

The previous question being moved and seconded, the question from the
chair shall be, “Shall the main question be now put?” and if the nays
prevail, the main question shall not then be put.

This kind of question is understood by Mr. Hatsell to have been
introduced in 1604. 1 _Hats._, 80. Sir Henry Vane introduced it. _2
Grey_, 113, 114; 3 _Grey_, 384. When the question was put in this form,
“Shall the main question be put?” a determination in the negative
suppressed the main question during the session; but since the words,
“now put” are used, they exclude it for the present only; formerly,
indeed, only till the present debate was over (4 _Grey_, 43), but now
for that day and no longer. 2 _Grey_, 113, 114.

Before the question “Whether the main question shall now be put?” any
person might formerly have spoken to the main question, because
otherwise he would be precluded from speaking to it at all. _Mem. in
Hakew._, 28.

The proper occasion for the previous question, is when a question is
brought forward of a delicate nature as to high personages, etc., or the
discussion of which may call forth observations which might be of
injurious consequences. Then the previous question is proposed; and in
the modern usage, the discussion of the main question is suspended, and
the debate confined to the previous question. The use of it has been
extended abusively to other cases; but in these it has been an
embarrassing procedure; its uses would be as well answered by other more
simple parliamentary forms, and therefore it should not be favored, but
restricted within as narrow limits as possible.

Whether a main question may be amended after the previous question on it
has been moved and seconded? 2 _Hats._, 88, says, if the previous
question has been moved and seconded, and also proposed from the chair
(by which he means stated by the Speaker for debate), it has been
doubted whether an amendment can be admitted to the main question. He
thinks it may, after the previous question is moved and seconded; but
not after it has been proposed from the chair. In this case he thinks
the friends to the amendment must vote that the main question be not now
put; and then move their amended question, which being made new by the
amendment, is no longer the same which has just been suppressed, and
therefore may be proposed as a new one. But this proceeding certainly
endangers the main question, by dividing its friends, some of whom may
choose it unamended, rather than lose it altogether; while others of
them may vote, as Hatsell advises, that the main question be not now put
with a view to move it again in an amended form. The enemies of the main
question, by this manœuvre to the previous question, get the enemies to
the amendment added to them on the first vote, and throw the friends of
the main question under the embarrassment of rallying again as they can.
To support his opinion, too, he makes the deciding circumstances,
whether an amendment may or may not be made, to be, that the previous
question has been proposed from the Chair. But, as the rule is that the
House is in possession of a question as soon as it is moved and
seconded, it cannot be more than possessed of it by its being also
proposed from the Chair. It maybe said, indeed, that the object of the
previous question being to get rid of a question, which it is not
expedient should be discussed, this object may be defeated by moving to
amend, and, in the discussion of that motion, involving the subject of
the main question. But so may the object of the previous question be
defeated, by moving the amended question as Mr. Hatsell proposes after
the decision against putting the original question. He acknowledges,
too, that the practice has been to admit previous amendments, and only
cites a few late instances to the contrary. On the whole, I should think
it best to decide it ab inconvenienti, to wit: which is most
inconvenient, to put it in the power of one side of the House to defeat
a proposition by hastily moving the previous question, and thus forcing
the main question to be put unamended; or to put it in the power of the
other side to force on, incidentally at least, a discussion which would
be better avoided? Perhaps the last is the least inconvenience; inasmuch
as the Speaker, by confining the discussion rigorously to the amendment
only, may prevent their going into the main question, and inasmuch also
as so great a proportion of the cases in which the previous question is
called for, are fair and proper subjects for public discussion, and
ought not to be obstructed by a formality introduced for questions of a
peculiar character.

SECTION XXXV.

AMENDMENTS.

On an amendment being moved, a member who has spoken to the main
question may speak again to the amendment. _Scob._, 23.

If an amendment be proposed inconsistent with one already agreed to, it
is a fit ground for its rejection by the House, but not within the
competence of the Speaker to suppress as if it were against order; for
were he permitted to draw questions of consistence within the vortex of
order, he might usurp a negative on important modifications, and
suppress, instead of subserving the legislative will.

Amendments may be made so as totally to alter the nature of the
proposition; and it is a way of getting rid of a proposition, by making
it bear a sense different from what it was intended by the movers, so
that they vote against it themselves. 2 _Hats._, 79, 4, 82, 84. A new
bill may be engrafted by way of amendment, on the words, “Be it
enacted,” etc. 1 _Grey_, 190, 192.

If it be proposed to amend by leaving out certain words, it may be
moved, as an amendment to this amendment, to leave out part of the words
of the amendment, which is equivalent to leaving them in the bill _2
Hats._, 80, 9. The parliamentary question is, always, whether the words
shall stand part of the bill.

When it is proposed to amend by inserting a paragraph, or part of one,
the friends of the paragraph may make it as perfect as they can by
amendments before the question is put for inserting it. If it be
received, it cannot be amended afterwards, in the same stage, because
the House has, on a vote, agreed to it in that form. In like manner, if
it is proposed to amend by striking out a paragraph, the friends of the
paragraph are first to make it as perfect as they can by amendments,
before the question is put for striking it out. If on the question it be
retained, it cannot be amended afterwards, because a vote against
striking out is equivalent to a vote agreeing to it in that form.

When it is moved to amend by striking out certain words and inserting
others, the manner of stating the question is first to read the whole
passage to be amended as it stands at present, then the words proposed
to be struck out, next those to be inserted, and lastly the whole
passage as it will be when amended. And the question, if desired, is
then to be divided, and put first on striking out. If carried, it is
next on inserting the words proposed. If that be lost, it may be moved
to insert others. 2 _Hats._, 80, 7.

A motion is made to amend by striking out certain words and inserting
others in their place, which is negatived. Then it is moved to strike
out the same words, and to insert others, of a tenor entirely different
from those first proposed. It is negatived. Then it is moved to strike
out the same words and insert nothing, which is agreed to. All this is
admissible, because to strike out and insert A, is one proposition. To
strike out and insert B, is a different proposition. And to strike out
and insert nothing is still different. And the rejection of one
proposition does not preclude the offering a different one. Nor would it
change the case were the first motion divided by putting the question
first on striking out, and that negatived; for, as putting the whole
motion to the question at once would not have precluded, the putting the
half of it cannot do it.[43]

But if it had been carried affirmatively to strike out the words and to
insert A, it could not afterwards be permitted to strike out A and
insert B. The mover of B should have notified, while the insertion of A
was under debate, that he would move to insert B; in which case those
who preferred it would join in rejecting A.

After A is inserted, however, it may be moved to strike out a portion of
the original paragraph, comprehending A, provided the coherence to be
struck out be so substantial as to make this effectively a different
proposition; for then it is resolved into the common case of striking
out a paragraph after amending it. Nor does anything forbid a new
insertion, instead of A and its coherence.

In Senate, January 25, 1798, a motion to postpone until the second
Tuesday in February some amendments proposed to the Constitution; the
words “until the second Tuesday in February” were struck out by way of
amendment. Then it was moved to add, “until the first day of June.”
Objected that it was not in order, as the question should be first put
on the longest time; therefore, after a shorter time decided against, a
longer cannot be put to question. It was answered that this rule takes
place only in filling blanks for time. But when a specific time stands
part of motion, that may be struck out as well as any other part of a
motion; and when struck out, a motion may be received to insert any
other. In fact, it is not until they are struck out, and a blank for the
time thereby produced, that the rule can begin to operate, by receiving
all the propositions for different times, and putting the question
successively on the longest. Otherwise it would be in the power of the
mover, by inserting originally a short time, to preclude the possibility
of a longer, for till the short time is struck out, you cannot insert a
longer; and if, after it is struck out, you cannot do it, then it cannot
be done at all. Suppose the first motion had been made to amend by
striking out “the second Tuesday in February,” and inserting instead
thereof “the first of June;” it would have been regular, then, to divide
the question, by proposing the first question to strike out and then
that to insert. Now this is precisely the effect of the present
proceeding; only, instead of one motion and two questions, there are two
motions and two questions to effect it--the motion being divided as well
as the question.

When the matter contained in two bills might better be put into one, the
manner is to reject the one, and incorporate its matter into another
bill by way of amendment. So if the matter of one bill would be better
distributed into two, any part may be struck out by way of amendment,
and put into a new bill. If a section is to be transposed, a question
must be put on striking it out where it stands, and another for
inserting it in the place desired.

A bill passed by the one house with blanks. These may be filled up by
the other by way of amendments, returned to the first as such, and
passed. 3 _Hats._, 83.

The number prefixed to the section of a bill, being merely a marginal
indication, and no part of the text of the bill, the clerk regulates
that--the House or committee is only to amend the text.

SECTION XXXVI.

DIVISION OF THE QUESTION.

If a question contain more parts than one, it may be divided into two or
more questions. _Mem. in Hakew._, 39. But not as the right of an
individual member, but with the consent of the House. For who is to
decide whether a question is complicated or not?--where it is
complicated?--into how many propositions it may be divided? The fact is,
that the only mode of separating a complicated question is by moving
amendments to it; and these must be decided by the House, on a question,
unless the House orders it to be divided; as, on the question, December
2, 1640, making void the election of the knights for Worcester, on a
motion it was resolved to make two questions of it, to-wit: one on each
knight. 2 _Hats._, 85, 86. So, wherever there are several names in
question, they may be divided and put one by one. 9 _Grey_, 444. So,
1729, April 17, on an objection that a question was complicated, it was
separated by amendment. 2 _Hats._, 79.

The soundness of these observations will be evident from the
embarrassments produced by the 12th rule of the Senate, which says, “If
the question in debate contain several points, any member may have the
same divided.”

1798, May 30, the alien bill in quasi-committee. To a section and
proviso in the original had been added two new provisos by way of
amendment. On a motion to strike out the section as amended, the
question was desired to be divided. To do this it must be put first on
striking out either the former proviso or some distinct member of the
section. But when nothing remains but the last member or the section and
the proviso, they cannot be divided so as to put the last member to
question by itself; for the provisos might then be left standing alone
as exceptions to a rule when the rule is taken away; or the new provisos
might be left to a second question, after having been decided on once
before at the same reading, which is contrary to rule. But the question
must be on striking out the last member of the section as amended. This
sweeps away the exceptions with the rule, and relieves from
inconsistence. A question to be divisible, must comprehend points so
distinct and entire that one of them being taken away the other may
stand entire. But a proviso or exception without an enacting clause does
not contain an entire point or proposition.

May 31. The same bill being before the Senate. There was a proviso that
the bill should not extend, 1, To any foreign minister; nor, 2, To any
person to whom the President should give a passport; nor, 3, To any
alien merchant conforming himself to such regulations as the President
shall prescribe; and a division of the question into its simplest
elements was called for. It was divided into four parts, the fourth
taking in the words, “conforming himself,” etc. It was objected that the
words, “any alien merchant,” could not be separated from their modifying
words, “conforming,” etc., because these words if left by themselves
contain no substantive idea--will make no sense. But admitting that the
divisions of a paragraph into separate questions must be so made that
each part may stand by itself, yet the House having, on the question,
retained the two first divisions, the words, “any alien merchant,” may
be struck out, and their modifying words will then attach themselves to
the preceding description of persons, and become a modification of that
description.

When a question is divided, after the question on the first member, the
second is open to debate and amendment; because it is a known rule that
a person may rise and speak at any time before the question has been
completely decided, by putting the negative as well as the affirmative
side. But the question is not completely put when the vote has been
taken on the first member only. One-half of the question, both
affirmative and negative, remains still to be put. See _Execut. Jour.,
June 25, 1795_. The same decision by President Adams.

SECTION XXXVII.

CO-EXISTING QUESTIONS.

It may be asked whether the House can be in possession of two motions or
propositions at the same time, so that one of them being decided, the
other goes to question without being moved anew? The answer must be
special. When a question is interrupted by a vote of adjournment, it is
thereby removed from before the House, and does not stand ipso facto
before them at their next meeting, but must come forward in the usual
way. So, when it is interrupted by the order of the day. Such other
privileged questions also as dispose of the main question (_e. g._ the
previous question, postponement, or commitment), remove it from before
the House. But it is only suspended by a motion to amend, to withdraw,
to read papers, or by a question of order or privilege, and stands again
before the House when these are decided. None but the class of
privileged questions can be brought forward while there is another
question before the House, the rule being that when a motion has been
made and seconded, no other can be received, except it be a privileged
one.

SECTION XXXVIII.

EQUIVALENT.

If, on a question for rejection, a bill be retained, it passes of course
to its next reading. _Hakew._, 141; _Scob._, 42. And a question for a
second reading determined negatively, is a rejection without further
question. 4 _Grey_, 149. And see _Elsynge’s Mem._, 42, in what cases
questions are to be taken for rejection.

Where questions are perfectly equivalent, so that the negative of the
one amounts to the affirmative of the other, and leaves no other
alternative, the decision of the one concludes necessarily the other. _4
Grey_, 157. Thus the negative of striking out amounts to the affirmative
of agreeing; and therefore to put a question on agreeing after that on
striking out, would be to put the same question in effect twice over.
Not so in questions of amendments between the two Houses. A motion to
recede being negatived, does not amount to a positive vote to insist,
because there is another alternative, to wit: to adhere.

A bill originating in one House is passed by the other with an
amendment. A motion in the originating House to agree to the amendment
is negatived. Does there result from this a vote of disagreement, or
must the question on disagreement be expressly voted? The questions
respecting amendments from another house are--1st, to agree; 2d, to
disagree; 3d, recede; 4th, insist; 5th, adhere.

1st. To agree. } Either of these concludes the other
2d. To disagree. } necessarily, for the positive of either is
exactly the equivalent of the negative of
the other, and no other alternative remains.
On either motion amendments to
the amendments may be proposed: _e. g._,
if it be moved to disagree, those who are
for the amendment have a right to propose
amendments, and to make it as perfect
as they can, before the question of
disagreeing is put.
3d. To recede. } You may then either insist or adhere.
4th. To insist. } You may then either recede or adhere.
5th. To adhere. } You may then either recede or insist.

Consequently the negative of these is not
equivalent to a positive vote the other
way. It does not raise so necessary an
implication as may authorize the Secretary
by inference to enter another vote; for
two alternatives still remain, either of
which may be adopted by the House.

SECTION XXXIX.

THE QUESTION.

The question is to be first put on the affirmative, and then on the
negative side.

After the Speaker has put the affirmative part of the question, any
member who has not spoken before to the question may rise and speak
before the negative be put; because it is no full question till the
negative part be put. _Scob._, 23; 2 _Hats._, 73.

But in small matters, and which are, of course, such as receiving
petitions, reports, withdrawing motions, reading papers, etc., the
Speaker most commonly supposes the consent of the House where no
objection is expressed, and does not give them the trouble of putting
the question formally. _Scob._, 22; 2 _Hats._, 87; 5 _Grey_, 129; _9
Grey_, 301.

SECTION XL.

BILLS--THIRD READING.

To prevent bills from being passed by surprise, the House by a standing
order, directs that they shall not be put on their passage before a
fixed hour, naming one at which the House is commonly full. _Hakew._,
153.

[The usage of the Senate is, not to put bills on their passage till
noon.]

A bill reported and passed to the third reading cannot on that day be
read the third time and passed; because this would be to pass on two
readings in the same day.

At the third reading the clerk reads the bill and delivers it to the
Speaker, who states the title, that it is the third time of reading the
bill, and that the question will be whether it shall pass? Formerly, the
Speaker, or those who prepared a bill, prepared also a breviate or
summary statement of its contents, which the Speaker read when he
declared the state of the bill, at the several readings. Sometimes,
however, he read the bill itself, especially on its passage. _Hakew._,
136, 137, 153; Coke, 22, 115. Latterly, instead of this, he, at the
third reading, states the whole contents of the bill, verbatim, only,
instead, of reading the formal parts “Be it enacted,” etc., he states
that “preamble recites so and so--the first section enacts that, etc.;
the second section enacts,” etc.

[But in the Senate of the United States both of these formalities are
dispensed with; the breviate presenting but an imperfect view of the
bill, and being capable of being made to present a false one; and the
full statement being a useless waste of time, immediately after a full
reading by the clerk, and especially as every member has a printed copy
in his hand.]

A bill on the third reading is not to be committed for the matter or
body thereof; but to receive some particular clause or proviso, it has
been sometimes suffered, but as a thing very unusual. _Hakew._, 126.
Thus, _27 El._, 1584, a bill was committed on the third reading, having
been formally committed on the second, but it is declared not usual.
_D’Ewes_, 337, _col._ 2; 414, _col._ 2.

When an essential provision has been omitted, rather than erase the bill
and render it suspicious, they add a clause on a separate paper,
engrossed and called a rider, which is read and put to the question
three times. _Elsynge’s Memorials_, 59; 6 _Grey_, 335; 1 _Blackst._,
183. For examples of riders, see 3 _Hats._, 121, 122, 124, 126. Every
one is at liberty to bring in a rider without asking leave. _10 Grey_,
52.

It is laid down as a general rule, that amendments proposed at the
second reading shall be twice read, and those proposed at the third
reading thrice read; as also all amendments from the other House.
_Town._, _col._ 19, 23, 24, 25, 26, 27, 28.

It is with great and almost invincible reluctance that amendments are
admitted at this reading, which occasion erasures or interlineations.
Sometimes a proviso has been cut off from a bill; sometimes erased. _9
Grey_, 513.

This is the proper stage for filling up blanks; for if filled up before,
and now altered by erasure, it would be peculiarly unsafe.

At this reading the bill is debated afresh, and for the most part is
more spoken to at this time than on any of the former readings.
_Hakew._, 153.

The debate on the question whether it should be read a third time has
discovered to its friends and opponents the arguments on which each side
relies, and which of these appear to have influence with the House; they
have had time to meet them with new arguments, and to put their old
ones into new shapes. The former vote has tried the strength of the
former opinion, and furnished grounds to estimate the issue; and the
question now offered for its passage is the last occasion which is ever
to be offered for carrying or rejecting it.

When the debate is ended, the Speaker, holding the bill in his hand,
puts the question for its passage, by saying, “Gentlemen, all of you who
are of opinion that this bill shall pass, say aye;” and after the answer
of the ayes, “All those of the contrary opinion, say no.” _Hakew._, 154.

After the bill is passed, there can be no further alteration of it in
any point. _Hakew._, 159.

SECTION XLI.

DIVISION OF THE HOUSE.

The affirmative and negative of the question having been both put and
answered, the Speaker declares whether the yeas or nays have it by the
sound, if he be himself satisfied, and it stands as the judgment of the
House. But if he be not himself satisfied which voice is the greater, or
if before any other member comes into the House, or before any new
motion is made (for it is too late after that), any member shall rise
and declare himself dissatisfied with the Speaker’s decision, then the
Speaker is to divide the House. _Scob._, 24; 2 _Hats._, 140.

When the House of Commons is divided, the one party goes forth, and the
other remains in the House. This has made it important which go forth
and which remain; because the latter gain all the indolent, the
indifferent, and inattentive. Their general rule therefore, is, that
those who give their vote for the preservation of the orders of the
House, shall stay in; and those who are for introducing any new matter
or alteration, or proceeding contrary to the established course, are to
go out. But this rule is subject to many exceptions and modifications.
2 _Hats._, 134; 1 _Rush._, _p._ 3, _fol._ 92; _Scob._, 43, 52; _Co._,
12, 116; _D’Ewes_, 505, _col._ 1; _Mem. in Hakew._, 25, 29, as will
appear by the following statement of who go forth.

Petition that it be received[44] } Ayes.
Read }

Lie on the table } Noes.
Rejected after refusal to lie on the table }

Referred to committee for further proceeding Ayes.

Bill, that it be brought in }
Read first or second time }
Engrossed or read a third time } Ayes.
Proceedings on every other stage }
Committed }

To committee of the whole Noes.

To select committee Ayes.

Report of bill to lie on table Noes.

Be now _read_ } Ayes.
Be taken into consideration three months hence } 30, P. J. 251

Amendments to be read a second time Noes.

Clause offered on report of bill be read a second
time } Ayes.
For receiving a clause } 334
With amendments be engrossed } 395

That a bill be _now_ read a third time Noes. 398

Receive a rider }
Pass } 260
Be printed } Ayes. 259

Committees. That A take the chair }
To agree to the whole or any part of report }
That the House do _now_ resolve into committee }
Speaker. That he now leave the chair, after order
to go into committee } Noes. 291
That he issue warrant for new writ }
Member. That none be absent without leave }

Witness. That he be further examined Ayes. 344

Previous question Noes.

Blanks. That they be filled with the largest sum }
Amendments. That words stand part of } Ayes.

Lords. That their amendment be read a second time Noes.

Messenger be received }
Orders of day be now read, if before 2 o’clock } Ayes.

If after 2 o’clock Noes.

Adjournment. Till the next sitting day, if before
4 o’clock Ayes.

If after 4 o’clock Noes.

Over a sitting day (unless a previous resolution) Ayes.

Over the 30th of January Noes.

For sitting on Sunday, or any other day not being a
sitting day Ayes.

The one party being gone forth, the Speaker names two tellers from the
affirmative and two from the negative side, who first count those
sitting in the House and report the number to the Speaker. Then they
place themselves within the door, two on each side, and count those who
went forth as they come in, and report the number to the Speaker. _Mem.
in Hakew._, 26.

A mistake in the report of the tellers may be rectified after the report
made. 2 _Hats._, 145, note.

[But in both Houses of Congress all these intricacies are avoided. The
ayes first rise, and are counted standing in their places by the
President or Speaker. Then they sit, and the noes rise and are counted
in like manner.]

[In Senate, if they are equally divided, the Vice-President announces
his opinion, which decides.]

[The Constitution, however, has directed that “the yeas and nays of the
members of either House, on any question shall, at the desire of
one-fifth of those present, be entered on the journal.” And again: that
in all cases of reconsidering a bill disapproved by the President, and
returned with his objections, “the votes of both Houses shall be
determined by yeas and nays, and the names of the persons voting for and
against the bill shall be entered on the journals of each House
respectively.”]

[By the 16th and 17th rules of the Senate, when the yeas and nays shall
be called for by one-fifth of the members present, each member called
upon shall, unless for special reasons he be excused by the Senate,
declare openly, and without debate, his assent or dissent to the
question. In taking the yeas and nays, and upon the call of the House,
the names of the members shall be taken alphabetically.]

[When the yeas and nays shall be taken upon any question in pursuance of
the above rule, no member shall be permitted, under any circumstances
whatever, to vote after the decision is announced from the chair.]

[When it is proposed to take the vote by yeas and nays, the President or
Speaker stales that “the question is whether, _e. g._, the bill shall
pass--that it is proposed that the yeas and nays shall be entered on the
journal. Those, therefore, who desire it, will rise.” If he finds and
declares that one-fifth have risen, he then states that “those who are
of the opinion that the bill shall pass, are to answer in the
affirmative; those of the contrary opinion in the negative.” The clerk
then calls over the names alphabetically, notes the yea or nay of each,
and gives the list to the President or Speaker, who declares the result.
In the Senate, if there be an equal division, the Secretary calls on the
Vice-President and notes his affirmative or negative, which becomes the
decision of the House.]

In the House of Commons, every member must give his vote the one way or
the other, (_Scob._, 24.,) as it is not permitted to any one to withdraw
who is in the House when the question is put, nor is any one to be told
in the division who was not in when the question was put. 2 _Hats._,
140.

This last position is always true when the vote is by yeas and nays;
where the negative as well as affirmative of the question is stated by
the President at the same time, and the vote of both sides begins and
proceeds _pari passu_. It is true also when the question is put in the
usual way, if the negative has also been put; but if it has not, the
member entering, or any other member, may speak, and even propose
amendments, by which the debate may be opened again, and the question be
greatly deferred. And as some who have answered aye may have been
changed by the new arguments, the affirmative must be put over again.
If, then, the member entering may, by speaking a few words, occasion a
repetition of a question, it would be useless to deny it on his simple
call for it.

While the House is telling, no member may speak or move out of his
place, for if any mistake be suspected it must be told again. _Mem. in
Hakew._, 26; 2 _Hats._, 143.

If any difficulty arises in point of order during the division, the
Speaker is to decide peremptorily, subject to the future censure of the
House if irregular. He sometimes permits old experienced members to
assist him with their advice which they do sitting in their seats,
covered, to avoid the appearance of debate; but this can only be with
the Speaker’s leave, else the division might last several hours. _2
Hats._, 143.

The voice of the majority decides; for the _lex majoris partis_ is the
law of all councils, elections, etc., where not otherwise expressly
provided. _Hakew._, 93. But if the House be equally divided, “_semper
presumatur pro negante_;” that is, the former law is not to be changed
but by a majority. _Towns._, _col._ 134.

[But in the Senate of the United States, the Vice-President decides when
the House is divided. _Const., U. S._, I, 3.]

When from counting the House on a division, it appears that there is not
a quorum, the matter continues exactly in the State in which it was
before the division, and must be resumed at that point on any future
day. 2 _Hats._, 126.

1606, May 1, on a question whether a member having said yea may
afterwards sit and change his opinion, a precedent was remembered by the
Speaker, of Mr. Morris, attorney of the wards, in _39 Elis._, who in
like case changed his opinion. _Mem. Hakew._, 27.

SECTION XLII.

TITLES.

After the bill has passed, and not before, the title may be amended, and
is to be fixed by a question; and the bill is then sent to the other
house.

SECTION XLIII.

RECONSIDERATION.

[When a question has been once made and carried in the affirmative, or
negative, it shall be in order for any member of the majority to move
for the reconsideration thereof; but no motion for the reconsideration
of any vote shall be in order after a bill, resolution, message, report,
amendment, or motion upon which the vote was taken shall have gone out
of the possession of the Senate announcing their decision; nor shall any
motion for reconsideration be in order unless made on the same day on
which the vote was taken, or within the two next days of the actual
session of the Senate thereafter. _Rule 20._]

[1798, January. A bill on its second reading being amended and on the
question whether it shall be read a third time negatived, was restored
by a decision to reconsider that question. Here the votes of negative
and reconsideration, like positive and negative quantities in an
equation, destroy one another, and are as if they were expunged from the
journal. Consequently the bill is open for amendment, just so far as it
was the moment preceding the question for the third reading; that is to
say, all parts of the bill are open for amendment except those on which
votes have been already taken in its present stage. So, also, it may be
recommitted.]

[[45]The rule permitting a reconsideration of a question affixing to it
no limitation of time or circumstance, it may be asked whether there is
no limitation? If, after the vote, the paper on which it is passed has
been parted with, there can be no reconsideration; as if a vote has been
for the passage of a bill, and the bill has been sent to the other
House. But where the paper remains, as on a bill rejected, when, or
under what circumstances, does it cease to be susceptible of
reconsideration? This remains to be settled; unless, a sense that the
right of reconsideration is a right to waste the time of the House in
repeated agitations of the same question, so that it shall never know
when a question is done with, should induce them to reform this
anomalous proceeding.]

In Parliament, a question once carried cannot be questioned again at the
same session, but must stand as the judgment of the House. _Towns._
_col._, 67.; _Mem. in Hakew._, 33. And a bill once rejected, another of
the same substance cannot be brought in again the same session.
_Hakew._, 158; 6 _Grey_, 392. But this does not extend to prevent
putting the same question in different stages of a bill; because every
stage of a bill submits the whole and every part of it to the opinion of
the House, as open for amendment, either by insertion or omission,
though the same amendment has been accepted or rejected in a former
stage. So in reports of committees, _e. g._, report of an address, the
same question is before the House, and open for free discussion.
_Towns._, _col._ 26; 2 _Hats._, 98, 100, 101. So orders of the House, or
instructions to committee, may be discharged. So a bill, begun in one
house, and sent to the other, and there rejected, may be renewed again
in that other, passed and sent back. _Ib._, 92; 3 _Hats._, 161. Or if,
instead of being rejected, they read it once and lay it aside, or amend
it, and put it off a month, they may order in another to the same
effect, with the same or a different title. _Hakew._, 97, 98.

Divers expedients are used to correct the effects of this rule; as by
passing an explanatory act, if anything has been omitted or ill
expressed (3 _Hats._, 278), or an act to enforce, and make more
effectual an act, etc., or to rectify mistakes in act, etc., or a
committee on one bill may be instructed to receive a clause to rectify
the mistakes of another. Thus, June 24, 1685, a clause was inserted in a
bill for rectifying a mistake committed by a clerk in engrossing a bill
of supply. 2 _Hats._, 194, 6. Or the session may be closed for one, two,
three, or more days, and a new one commenced. But then all matters
depending must be finished, or they fall, and are to begin de novo. _3
Hats._, 94, 98. Or a part of the subject may be taken up by another
bill, or taken up in a different way. 6 _Grey_, 304, 316.

And in cases of the last magnitude, this rule has not been so strictly
and verbally observed as to stop indispensable proceedings altogether,
2 _Hats._, 92, 98. Thus when the address on the preliminaries of peace
in 1782 had been lost by a majority of one, on account of the importance
of the question, and smallness of the majority, the same question in
substance, though with some words not in the first, and which might
change the opinion of some members, was brought on again and carried, as
the motives for it were thought to outweigh the objection of form. _2
Hats._, 99, 100.

A second bill may be passed to continue an act of the same session, or
to enlarge the time limited for its execution. 2 _Hats._, 95, 98. This
is not in contradiction to the first act.

SECTION XLIV.

BILLS SENT TO THE OTHER HOUSE.

[All bills passed in the Senate shall, before they are sent to the House
of Representatives, be examined by a committee, consisting of three
members, whose duty shall be to examine all bills, amendments,
resolutions, or motions, before they go out of the possession of the
Senate, and to make report that they are correctly engrossed; which
report shall be entered on the journal. _Rule 33._]

A bill from the other House is sometimes ordered to lie on the table. _2
Hats._, 97.

When bills, passed in one House and sent to the other, are grounded on
special facts requiring proof, it is usual, either by message or at a
conference, to ask the grounds and evidence; and this evidence, whether
arising out of papers, or from the examination of witnesses, is
immediately communicated. 3 _Hats._, 48.

SECTION XLV.

AMENDMENTS BETWEEN THE HOUSES.

When either house, _e. g._, the House of Commons, sends a bill to the
other, the other may pass it with amendments. The regular progression in
this case is, that the Commons disagree to the amendment; the Lords
insist on it; the Commons insist on their disagreement; the Lords adhere
to their amendment; the Commons adhere to their disagreement. The term
of insisting may be repeated as often as they choose to keep the
question open. But the first adherence by either renders it necessary
for the other to recede or adhere also; when the matter is usually
suffered to fall. _10 Grey_, 148. Latterly, however, there are instances
of their having gone to a second adherence. There must be an absolute
conclusion of the subject somewhere, or otherwise transactions between
the houses would become endless. 3 _Hats._, 268, 270. The term of
insisting, we are told by Sir John Trevor, was then (1679) newly
introduced into parliamentary usage by the Lords. 7 _Grey_, 94. It was
certainly a happy innovation, as it multiplies the opportunities of
trying modifications which may bring the houses to concurrence. Either
house, however, is free to pass over the term of insisting, and to
adhere in the first instance (_10 Grey_, 146); but it is not respectful
to the other. In the ordinary parliamentary course, there are two free
conferences, at least before an adherence. _10 Grey_, 147.

Either house may recede from its amendment and agree to the bill; or
recede from their disagreement to the amendment, and agree to the same
absolutely, or with an amendment; for here the disagreement and receding
destroy one another, and the subject stands as before the disagreement.
_Elsynge_, 23, 27; 9 _Grey_, 476.

But the House cannot recede from, or insist on its own amendment, with
an amendment; for the same reason that it cannot send to the other house
an amendment to its own act after it has passed the act. They may
modify an amendment from the other house by ingrafting an amendment on
it, because they have never assented to it; but they cannot amend their
own amendment, because they have, on the question passed it in that
form. 9 _Grey_, 363; _10 Grey_, 240. In the Senate, March 29, 1798. Nor
where one house has adhered to their amendment, and the other agrees
with an amendment, can the first house depart from the form which they
have fixed by an adherence.

In the case of a money bill, the Lords’ proposed amendments become, by
delay, confessedly necessary. The Commons, however, refused them, as
infringing on their privileges as to money bills; but they offered
themselves to add to the bill a proviso to the same effect, which had no
coherence with the Lords’ amendments; and urged that it was an expedient
warranted by precedent, and not unparliamentary in a case become
impracticable, and irremediable in any other way. 3 _Hats._, 256, 266,
270, 271. But the Lords refused, and the bill was lost. 1 _Chand._, 288.
A like case, 1 _Chand._, 311. So the Commons resolved that it was
unparliamentary to strike out, at a conference, anything in a bill which
had been agreed and passed by both Houses. 6 _Grey_, 274; 1 _Chand._,
312.

A motion to amend an amendment from the other House takes precedence of
a motion to agree or disagree.

A bill originating in one House is passed by the other with an
amendment.

The originating House agrees to their amendment with an amendment. The
other may agree to their amendment with an amendment, that being only in
the 2d and not the 3d degree; for, as to the amending House, the first
amendment with which they passed the bill is a part of its text; it is
the only text they have agreed to. The amendment to that text by the
originating House, therefore, is only in the 1st degree, and the
amendment to that again by the amending House is only in the 2d, to wit:
an amendment to an amendment, and so admissible. Just so, when, on a
bill from the originating House, the other, at its second reading makes
an amendment; on the third reading this amendment is become the text of
the bill, and if an amendment to it be moved, an amendment to that
amendment may also be moved, as being only in the 2d degree.

SECTION XLVI.

CONFERENCES.

It is on the occasion of amendments between the Houses that conferences
are usually asked; but they may be asked in all cases of difference of
opinion between the two Houses on matters depending between them. The
request of a conference, however, must always be with the House which is
possessed of the papers. 3 _Hats._, 31; 1 _Grey_, 425.

Conferences may be either simple or free. At a conference simply,
written reasons are prepared by the House asking it, and they are read
and delivered, without debate, to the managers of the other House at the
conference; but are not then to be answered. 4 _Grey_, 144. The other
House, then, if satisfied, vote the reason satisfactory, or say nothing;
if not satisfied, they resolve them not satisfactory, and ask a
conference on the subject of the last conference, where they read and
deliver, in like manner, written answers to those reasons. 3 _Grey_,
183. They are meant chiefly to record the jurisdiction of each House to
the nation at large, and to posterity, and in proof that the miscarriage
of a necessary measure is not imputable to them. 3 _Grey_, 255. At free
conferences the managers discuss, viva voce and freely, and interchange
propositions for such modifications as may be made in a parliamentary
way, and may bring the sense of the two Houses together. And each party
reports in writing to their respective Houses the substance of what is
said on both sides, and it is entered in their journals. 9 _Grey_, 220;
3 _Hats._, 280. This report cannot be amended or altered, as that of a
committee may be. _Journal of Senate, May 24, 1796._

A conference may be asked, before the House asking it has come to a
resolution of disagreement, insisting or adhering. 3 _Hats._, 269, 341.
In which case the papers are not left with the other conferees, but are
brought back to be the foundation of the vote to be given. And this is
the most reasonable and respectful proceeding; for, as was urged by the
Lords on a particular occasion, “It is held vain, and below the wisdom
of Parliament, to reason or argue against fixed resolutions, and upon
terms of impossibility to persuade.” 3 _Hats._, 226. So the Commons say,
“An adherence is never delivered at a free conference, which implies
debate.” _10 Grey_, 137. And on another occasion the Lords made it an
objection that the Commons had asked a free conference after they had
made resolutions of adhering. It was then affirmed, however, on the part
of the Commons, that nothing was more parliamentary than to proceed with
free conferences after adhering (3 _Hats._, 269), and we do in fact see
inferences of conferences, or of free conference, asked after the
resolution of disagreeing (3 _Hats._, 251, 253, 260, 286, 291, 316,
349); of insisting (_Ib._ 280, 296, 299, 319, 322, 355); of adhering
(269, 270, 283, 300); and even of a second or final adherence; _3
Hats._, 270. And in all cases of conference asked after a vote of
disagreement, etc., the conferees of the House asking it are to leave
the papers with the conferees of the other; and in one case where they
refused to receive them, they were left on the table in the conference
chamber. _Ib._, 317, 323, 354; _10 Grey_, 146.

After a free conference, the usage is to proceed with free conferences,
and not return again to a conference. 3 _Hats._, 270; 9 _Grey_, 229.

After a conference denied, a free conference may be asked. 1 _Grey_, 45.

When a conference is asked, the subject of it must be expressed, or the
conference not agreed to. _Ord. H. Com._, 89; 1 _Grey_, 425; 7 _Grey_,
31. They are sometimes asked to inquire concerning an offence or default
of a member of the other House. 6 _Grey_, 181; 1 _Chand._, 304. Or the
failure of the other House to present to the King a bill passed by both
Houses. 8 _Grey_, 302. Or on information received, and relating to the
safety of the nation. _10 Grey_, 177. Or when the methods of Parliament
are thought by the one House to have been departed from by the other, a
conference is asked to come to a right understanding thereon. _10 Grey_,
148. So when an unparliamentary message has been sent, instead of
answering it, they ask a conference. 3 _Grey_, 155. Formerly an address
or article of impeachment, or a bill with amendments, or a vote of the
House, or concurrence in a vote, or a message from the King, were
sometimes communicated by way of conference. 6 _Grey_, 128, 300, 387; _7
Grey_, 80; 8 _Grey_, 210, 255; 1 _Torbuck’s Deb._, 278; _10 Grey_, 293;
1 _Chandler_, 49, 287. But this is not the modern practice. 8 _Grey_,
255.

A conference has been asked after the first reading of the bill. _1
Grey_, 194. This is a singular instance.

SECTION XLVII.

MESSAGES.

Messages between the Houses are to be sent only while both Houses are
sitting. 3 _Hats._, 15. They are received during debate without
adjourning the debate. 3 _Hats._, 22.

[In Senate the messengers are introduced in any state of business,
except, 1. While a question is putting. 2. While the yeas and nays are
calling. 3. While the ballots are counting. _Rule 47._ The first case is
short; the second and third are cases where any interruption might
occasion errors difficult to be corrected. So arranged June 15, 1788.]

In the House of Representatives, as in Parliament, if the House be in
committee when a messenger attends, the Speaker takes the chair to
receive the message, and then quits it to return into committee, without
any question or interruption. 4 _Grey_, 226.

Messengers are not saluted by the members, but by the Speaker of the
House. 2 _Grey_, 253, 274.

If messengers commit an error in delivering their message, they may be
admitted or called in to correct their message. 4 _Grey_, 41.
Accordingly, March 13, 1800, the Senate having made two amendments to a
bill from the House of Representatives, their Secretary, by mistake,
delivered one only, which being inadmissible by itself, that house
disagreed, and notified the Senate of their disagreement. This produced
a discovery of the mistake. The Secretary was sent to the House to
correct his mistake, the correction was received, and the two amendments
acted on de novo.

As soon as the messenger, who has brought bills from the other House,
has retired, the Speaker holds the bills in his hand, and acquaints the
House “that the other house have by their messenger sent certain bills,”
and then reads their titles, and delivers them to the clerk, to be
safely kept till they shall be called for to be read. _Hakew._, 178.

It is not the usage for one House to inform the other by what numbers a
bill has passed. _10 Grey_, 150. Yet they have sometimes recommended a
bill, as of great importance, to the consideration of the House to which
it is sent. 3 _Hats._, 25. Nor when they have rejected a bill from the
other house, do they give notice of it; but it passes sub silentio, to
prevent unbecoming altercations. 1 _Blackst._, 183.

[But in Congress the rejection is notified by message to the house in
which the bill originated.]

A question is never asked by the one house of the other by way of
message, but only at a conference; for this is an interrogatory, not a
message. 3 _Grey_, 151, 181.

When a bill is sent by one house to the other, and is neglected, they
may send a message to remind them of it. 3 _Hats._, 25; 5 _Grey_, 154.
But if it be mere inattention, it is better to have it done informally,
by communication between the Speakers or members of the two houses.

Where the subject of a message is of a nature that it can properly be
communicated to both Houses of Parliament, it is expected that this
communication should be made to both on the same day. But where a
message was accompanied with an original declaration, signed by the
party to which the message referred, its being sent to one house was not
noticed by the other, because the declaration, being original, could not
possibly be sent to both houses at the same time. 2 _Hats._, 260, 261,
262.

The King having sent original letters to the Commons, afterwards desires
they may be returned, that he may communicate them to the lords. _1
Chandler_, 303.

SECTION XLVIII.

ASSENT.

The house which has received a bill and passed it, may present it for
the King’s assent, and ought to do it, though they have not by message
notified to the other their passage of it. Yet the notifying by message
is a form which ought to be observed between the two houses, from
motives of respect and good understanding. 2 _Hats._, 142. Were the bill
to be withheld from being presented to the King, it would be an
infringement of the rules of Parliament. _Ib._

[When a bill has passed both houses of Congress, the house last acting
on it notifies its passage to the other, and delivers the bill to the
Joint Committee of Enrollment, who see that it is truly enrolled in
parchment.] When the bill is enrolled, it is not to be written in
paragraphs, but solidly, and all of a piece, that the blanks between the
paragraphs may not give room for forgery. _Grey_, 143. [It is then put
into the hands of the clerk of the House of Representatives to have it
signed by the Speaker. The clerk then brings it by way of message to the
Senate to be signed by their President. The Secretary of the Senate
returns it to the Committee of Enrollment, who present it to the
President of the United States. If he approve, he signs, and deposits it
among the rolls in the office of the Secretary of State, and notifies by
message the house in which it originated that he has approved and signed
it; of which that house informs the other by message. If the President
disapproves, he is to return it, with his objections, to that house in
which it shall have originated; who are to enter the objections at large
on their journal, and proceed to reconsider it. If, after such
reconsideration, two-thirds of that house shall agree to pass the bill,
it shall be sent, together with the President’s objections, to the other
house, by which it shall likewise be reconsidered; and if approved by
two-thirds of that house, it shall become a law. 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 signed it, unless the Congress, by its adjournment,
prevent its return; in which case it shall not be a law. _Const. U. S._,
I, 7.]

[Every order, resolution, or vote, to which the concurrence of the
Senate and House of Representatives may be necessary, (except on a
question of adjournment), shall be presented to the President of the
United States, and before the same shall take effect, shall be approved
by him; or being disapproved by him, shall be repassed by two-thirds of
the Senate and House of Representatives, according to the rules and
limitations prescribed in the case of a bill. _Const. U. S._, I, 7.]

SECTION XLIX.

JOURNALS.

[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. _Const._, I, 5.]

[The proceedings of the Senate, when not acting as in a Committee of the
Whole, shall be entered on the journals as concisely as possible, care
being taken to detail a true account of the proceedings. Every vote of
the Senate shall be entered on the journals, and a brief statement of
the contents of each petition, memorial, or paper presented to the
Senate, be also inserted on the journal. _Rule 33._]

[The titles of bills, and such parts thereof only, as shall be affected
by proposed amendments, shall be inserted on the journals. _Rule 32._]

If a question is interrupted by a vote to adjourn, or to proceed to the
orders of the day, the original question is never printed in the
journal, it never having been a vote, nor introductory to any vote; but
when suppressed by the previous question, the first question must be
stated, in order to introduce and make intelligible the second. _2
Hats._, 83.

So also when a question is postponed, adjourned, or laid on the table,
the original question, though not yet a vote, must be expressed in the
journals; because it makes part of the vote of postponement, adjourning,
or laying it on the table.

Where amendments are made to a question, those amendments are not
printed in the journals, separated from the question; but only the
question as finally agreed to by the House. The rule of entering in the
journals only what the House has agreed to, is founded in great prudence
and good sense; as there may be many questions proposed, which it may be
improper to publish to the world in the form in which they are made. _2
Hats._, 85.

[In both Houses of Congress, all questions whereon the yeas and nays
are desired by one-fifth of the members present, whether decided
affirmatively or negatively, must be entered on the journals. _Const._,
I, 5.]

The first order for printing the votes of the House of Commons was
October 30, 1685. 1 _Chandler_, 387.

Some judges have been of opinion that the journals of the House of
Commons are no records, but only remembrances. But this is not law.
_Hob._, 110, 111; _Lex. Parl._, 114, 115; _Journal H. C., Mar. 17,
1592_; _Hale. Parl._, 105. For the Lords in their house have power of
judicature, the Commons in their house have power of judicature; and
both houses together have power of judicature; and the Book of the Clerk
of the House of Commons is a record, as is affirmed by act of Parl., _6
H._ 8, _c._ 16; 4 _Inst._, 23, 24; and every member of the House of
Commons hath a judicial place. 4 _Inst._, 15. As records they are open
to every person, and a printed vote of either house is sufficient ground
for the other to notice it. Either may appoint a committee to inspect
the journals of the other, and report what has been done by the other in
any particular case. 2 _Hats._, 361; 3 _Hats._, 27-30. Every member has
a right to see the journals, and take and publish votes from them. Being
a record, every one may see and publish them. 6 _Grey_, 118, 119.

On information of a mis-entry or omission of an entry in the journal, a
committee may be appointed to examine and rectify it, and report it to
the House. 2 _Hats._, 194, 5.

SECTION L.

ADJOURNMENT.

The two Houses of Parliament have the sole, separate and independent
power of adjourning each their respective Houses. The King has no
authority to adjourn them; he can only signify his desire, and it is in
the wisdom and prudence of either house to comply with his requisition,
or not, as they see fitting. 2 _Hats._, 332; 1 _Blackstone_, 186; _5
Grey_, 122.

[By the Constitution of the United States a smaller number than a
majority may adjourn from day to day. I, 5. But “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.” I, 5. And in case of
disagreement between them, with respect to the time of adjournment, the
President may adjourn them to such time as he shall think proper.
_Const._, II, 3.]

A motion to adjourn, simply, cannot be amended, as by adding “to a
particular day;” but must be put simply, “that this House do now
adjourn;” and if carried in the affirmative, it is adjourned to the next
sitting day, unless it has come to a previous resolution, “that at its
rising it will adjourn to a particular day,” and then the House is
adjourned to that day. 2 _Hats._, 82.

Where it is convenient that the business of the House be suspended for a
short time, as for a conference presently to be held, etc., it adjourns
during pleasure. 2 _Hats._, 305; or for a quarter of an hour. 5 _Grey_,
331.

If a question be put for adjournment, it is no adjournment till the
Speaker pronounces it. 5 _Grey_, 137. And from courtesy and respect, no
member leaves his place till the Speaker has passed on.

SECTION LI.

A SESSION.

Parliament have three modes of separation, to wit: By adjournment, by
prorogation or dissolution by the King, or by the efflux of the term for
which they were elected. Prorogation or dissolution constitutes there
what is called a session, provided some act has passed. In this case all
matters depending before them are discontinued, and at their next
meeting are to be taken up de novo, if taken up at all. 1 _Blackst._,
186. Adjournment, which is by themselves, is no more than a continuance
of the session from one day to another, or for a fortnight, a month,
etc., ad libitum. All matters depending remain in statu quo, and when
they meet again, be the term ever so distant, are resumed without any
fresh commencement, at the point at which they were left. 1 _Lev._, 165;
_Lex. Parl., c. 2_; 1 _Ro. Rep._, 29; 4 _Inst._, 7, 27, 28; _Hutt._, 61;
1 _Mod._, 252; _Ruffh. Jac. L. Dict. Parliament_; 1 _Blackst._, 186.
Their whole session is considered in law but as one day, and has
relation to the first day thereof. _Bro. Abr. Parliament_, 86.

Committees may be appointed to sit during a recess by adjournment but
not by prorogation. 5 _Grey_, 374; 9 _Grey_, 350; 1 _Chandler_, 50.
Neither house can continue any portion of itself in any parliamentary
function beyond the end of the session without the consent of the other
two branches. When done, it is by a bill constituting them commissioners
for the particular purpose.

[Congress separate in two ways only, to-wit: by adjournment, or
dissolution by the efflux of their time. What, then, constitutes a
session with them? A dissolution closes one session, and the meeting of
the new Congress begins another. The Constitution authorizes the
President, “on extraordinary occasions to convene both houses, or
either of them.” (I, 3) If convened by the President’s proclamation,
this must begin a new session, and of course determine the preceding one
to have been a session. So if it meets under the clause of the
Constitution, which says, “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.” I, 4. This must begin
a new session; for even if the last adjournment was to this day, the act
of adjournment is merged in the higher authority of the Constitution,
and the meeting will be under that, and not under their adjournment. So
far, we have fixed landmarks for determining sessions. In other cases it
is declared by the joint vote authorizing the President of the Senate
and Speaker to close the session on a fixed day, which is usually in the
following form: “Resolved by the Senate and House of Representatives,
that the President of the Senate and Speaker of the House of
Representatives be authorized to close the present session by adjourning
their respective houses on the ---- day of ----.”]

When it was said above that all matters depending before Parliament were
discontinued by the determination of the session, it was not meant for
judiciary cases, depending before the House of Lords, such as
impeachments, appeals, and writs of error. These stand continued, of
course, to the next session. _Raym._, 120, 381; _Ruffh. Jack. L. D.
Parliament_.

[Impeachments stand, in like manner, continued before the Senate of the
United States.]

SECTION LII.

TREATIES.

[The President of the United States has power, by and with the advice
and consent of the Senate, to make treaties, provided two-thirds of the
Senators present concur. _Const. U. S._, II, 2.]

[All confidential communications made by the President of the United
States to the Senate, shall be by the members thereof kept secret; and
that all treaties which may hereafter be laid before the Senate, shall
also be kept secret, until the Senate shall, by their resolution, take
off the injunction of secrecy. _Rule 39._]

Treaties are legislative acts. A treaty is the law of the land. It
differs from other laws only as it must have the consent of a foreign
nation, being but a contract with respect to that nation. In all
countries, I believe, except England, treaties are made by the
legislative power; and there also, if they touch the laws of the land,
they must be approved by Parliament. Ware vs. Hayton, 3 _Dallas’ Rep._,
223. It is acknowledged, for instance, that the King of Great Britain
cannot by a treaty make a citizen of an alien. _Vattel_, _b._ 1, _c._
19, _sec._ 214. An act of Parliament was necessary to validate the
American treaty of 1783. And abundant examples of such acts can be
cited. In the case of the treaty of Utrecht, in 1712, the commercial
articles required the concurrence of Parliament; but a bill brought in
for that purpose was rejected. France, the other contracting party,
suffered these articles, in practice, to be not insisted on, and adhered
to the rest of the treaty. 4 _Russel’s Hist. Mod. Europe_, 457; _2
Smollet_, 242, 246.

[By the Constitution of the United States this department of legislation
is confined to two branches only of the ordinary legislature; the
President originating, and the Senate having a negative. To what
subjects this power extends has not been defined in detail by the
Constitution; nor are we entirely agreed among ourselves. 1. It is
admitted that it must concern the foreign nation party to the contract,
or it would be a mere nullity, res inter alios acta. 2. By the general
power to make treaties, the Constitution must have intended to
comprehend only those subjects which are usually regulated by treaty,
and cannot be otherwise regulated. 3. It must have meant to except out
of these rights reserved to the States; for surely the President and
Senate cannot do by treaty what the whole government is interdicted from
doing in any way. 4. And also to except those subjects of legislation in
which it gave a participation to the House of Representatives. This last
exception is denied by some, on the ground that it would leave very
little matter for the treaty power to work on. The less the better, say
others. The Constitution thought it wise to restrain the Executive and
Senate from entangling and embroiling our affairs with those of Europe.
Besides, as the negotiations are carried on by the Executive alone, the
subjecting to the ratification of the representatives such articles as
are within their participation, is no more inconvenient than to the
Senate. But the ground of this exception is denied as unfounded. For
examine, _e. g._ the treaty of commerce with France, and it will be
found that, out of thirty-one articles, there are not more than small
portions of two or three of them which would not still remain as
subjects of treaties, untouched by these exceptions.]

Treaties being declared, equally with the laws of the United States, to
be the supreme law of the land, it is understood that an act of the
legislature alone can declare them infringed and rescinded. This was
accordingly the process adopted in the case of France in 1798.

[It has been the usage for the Executive, when it communicates a treaty
to the Senate for their ratification, to communicate also the
correspondence of the negotiators. This having been omitted in case of
the Prussian treaty, was asked by a vote of the House, of February 12,
1800, and was obtained. And in December, 1800, the convention of that
year between the United States and France, with the report of the
negotiations by the envoys, but not their instructions, being laid
before the Senate, the instructions were asked for, and communicated by
the President.]

[The mode of voting on questions of ratification is by nominal call.]

[Whenever a treaty shall be laid before the Senate for ratification, it
shall be read a first time for information only; when no motion to
reject, ratify, or modify the whole, or any part, shall be received. Its
second reading shall be for consideration, and on a subsequent day, when
it shall be taken up as in a committee of the whole, and every one shall
be free to move a question on any particular article, in this form:
“Will the Senate advise and consent to the ratification of this
article?” or to propose amendments thereto, either by inserting or by
leaving out words, in which last case the question shall be: “Shall the
words stand part of the article?” And in every of the said cases, the
concurrence of two-thirds of the Senators present shall be requisite to
decide affirmatively. And when, through the whole, the proceedings shall
be stated to the House, and questions be again severally put thereon,
for confirmation, or new ones proposed, requiring in like manner a
concurrence of two-thirds for whatever is retained or inserted.]

[The votes so confirmed shall, by the House, or a committee thereof, be
reduced into the form of a ratification, with or without modifications,
as may have been decided, and shall be proposed on a subsequent day,
when every one shall again be free to move amendments, either by
inserting or leaving out words; in which last case the question shall
be: “Shall the words stand part of the resolution?” And in both cases
the concurrence of two-thirds shall be requisite to carry the
affirmative; as well as on the final question to advise and consent to
the ratification in the form agreed to. _Rule 37._]

[When any question may have been decided by the Senate, in which
two-thirds of the members present are necessary to carry the
affirmative, any member who voted on that side which prevailed in the
question may be at liberty to move for a reconsideration, and a motion
for reconsideration shall be decided by a majority of votes. _Rule
37._]

SECTION LIII.

IMPEACHMENT.

[The House of Representatives shall have the sole power of impeachment.
_Const. U. S._, I, 3.]

[The Senate shall have the sole power to try all impeachments. When
sitting for that purpose, they shall be on oath or affirmation. When the
President of the United States is tried, the Chief Justice shall
preside; and no person shall be convicted without the concurrence of
two-thirds of the members present. Judgment in cases of impeachment
shall not extend further than to removal from office, and
disqualification to hold and enjoy any office of honor, trust or profit
under the United States. But the party convicted shall nevertheless be
liable and subject to indictment, trial, judgment and punishment
according to law. _Const._, I, 3.]

[The President, Vice-President, and all civil officers of the United
States, shall be removed from office on impeachment for, and conviction
of, treason, bribery, or other high crimes and misdemeanors. _Const._,
II, 4.]

[The trial of crimes, except in cases of impeachment, shall be by jury.
_Const._, III, 2.]

These are the provisions of the Constitution of the United States on the
subject of impeachments. The following is a sketch of some of the
principles and practices of England on the same subject:

_Jurisdiction._ The Lords cannot impeach any to themselves, nor join in
the accusation, because they are the judges. _Seld. Judic. in Parl._,
12, 63. Nor can they proceed against a commoner but on complaint of the
Commons. _Ib._, 84. The Lords may not, by the law, try a commoner for a
capital offense, on the information of the King or a private person,
because the accused is entitled to a trial by his peers generally; but
on accusation by the House of Commons, they may proceed against the
delinquent, of whatsoever degree, and whatsoever be the nature of the
offense; for there they do not assume to themselves trial at common law.
The commons are then instead of a jury, and the judgment is given on
their demand, which is instead of a verdict. So the Lords do only judge,
but not try the delinquent. _Ib._ 6, 7. But Wooddeson denies that a
commoner can now be charged capitally before the Lords, even by the
Commons; and cites Fitzharris’s case, 1681, impeached for high treason,
where the Lords remitted the prosecution to the inferior court. _8
Grey’s Deb._, 325-7; _Wooddeson_, 601, 576; 3 _Seld._, 1610, 1619, 1641;
4 _Blackst._, 25; _73 Seld._, 1604, 1618; 9, 1656.

_Accusation._ The Commons, as the grand inquest of the nation, become
suitors for penal justice. 2 _Woodd._, 597; 6 _Grey_, 356. The general
course is to pass a resolution containing a criminal charge against the
supposed delinquent, and then to direct some member to impeach him by
oral accusation, at the bar of the House of Lords, in the name of the
Commons. The person signifies that the articles will be exhibited, and
desires that the delinquent may be sequestered from his seat, or be
committed, or that the peers will take order from his appearance.
_Sachev. Trial_, 325; _Woodd._, 602, 605; _Lords’ Jour. 3 June, 1701_,
101; 1 _Wms._, 616; 6 _Grey_, 324.

_Process._ If a party do not appear, proclamations are to be issued,
giving him a day to appear. On their return they are strictly examined.
If any error be found in them, a new proclamation issues, giving a short
day. If he appear not, his goods may be arrested and they may proceed.
_Seld. Jud._, 98, 99.

_Articles._ The accusation (articles) of the Commons is substituted in
place of an indictment. Thus, by the usage of Parliament, in impeachment
for writing or speaking, the particular words need not be specified.
_Sach. Tr._, 325; 2 _Woodd._, 602, 605; _Lords’ Jour., 3 June, 1701_; _1
Wms._, 616.

_Appearance._ If he appears, and the case be capital, he answers in
custody; though not if the accusations be general. He is not to be
committed but on special accusations. If it be for a misdemeanor only,
he answers a Lord in his place, a Commoner at the bar, and not in
custody, unless on the answer the Lords find cause to commit him, till
he finds sureties to attend, and lest he should fly. _Seld. Jud._, 98,
99. A copy of the articles is given him, and a day fixed for his answer.
_T. Ray_; 1 _Rushw._, 268; _Fost._, 232; 1 _Clar. Hist. of the Reb._,
379. On a misdemeanor, his appearance may be in person, or he may answer
in writing, or by attorney. _Seld. Jud._, 100. The general rule on
accusation for a misdemeanor is, that in such a state of liberty or
restraint as the party is when the Commons complain of him, in such he
is to answer. _Ib._, 101. If previously committed by the Commons, he
answers as a prisoner. But this may be called in some sort judicium
parium snorum. _Ib._ In misdemeanors the party has a right to counsel by
the common law; but not in capital cases. _Seld. Jud._, 102-5.

_Answer._ The answer need not observe great strictness of form. He may
plead guilty as to part, and defend as to the residue; or, saving all
exceptions, deny the whole or give a particular answer to each article
separately. 1 _Rush._, 274; 1 _Rush._, 1374; _12 Parl. Hist._, 442; _3
Lords’ Journ., 13 Nov., 1643_; _Woodd._, 607. But he cannot plead a
pardon in bar to the impeachment. 2 _Woodd._, 615; 2 _St. Tr._, 735.

_Replication, rejoinder, etc._ There may be a replication, rejoinder,
etc. _Seld. Jud._, 114; 8 _Grey’s Deb._, 233; _Sach. Tr._, 15; _Journ.
H. of Commons, 6 March, 1640_, 1.

_Witnesses._ The practice is to swear the witnesses in open House, and
then examine them there; or a committee may be named, who shall examine
them in committee, either on interrogatories agreed on in the House, or
such as the committee in their discretion shall demand. _Seld. Jud._,
120, 123.

_Jury._ In the case of Alice Pierce, 1 _R._ 2, a jury was impanneled for
her trial before a committee. _Seld. Jud._, 123. But this was on a
complaint, not on impeachment by the commons. _Seld. Jud._, 163. It must
also have been for a misdemeanor only, as the lords spiritual sat in the
case, which they do on misdemeanors, but not in capital cases. _Id._,
148. The judgment was a forfeiture of all her lands and goods. _Id._,
188. This, Seldon says, is the only jury he finds recorded in Parliament
for misdemeanor; but he makes no doubt, if the delinquent doth put
himself on trial of his country, a jury ought to be impanneled, and he
adds that it is not so on impeachment by the commons; for they are in
loco proprio, and there no jury ought to be impanneled. _Id._ 124. The
Ld. Berkely (6 _E._ 3) was arraigned for the murder of L. 2, on an
information on the part of the King, and not on impeachment of the
commons; for then they had been patria sua. He waived his peerage, and
was tried by a jury of Gloucestershire and Warwickshire. _Id._, 125. In
1 H. 7, the commons protest that they are not to be considered as
parties to any judgment given, or hereafter to be given in Parliament.
_Seld. Jud._, 133. They have been generally and more justly considered,
as is before stated, as the grand jury; for the conceit of Seldom is
certainly not accurate, and they are the patria sua of the accused, and
that the lords do only judge, but not try. It is undeniable that they do
try; for they examine witnesses as to the facts, and acquit or condemn,
according to their own belief of them. And Lord Hale says “the peers are
judges of law as well as of fact;” 2 _Hale, P. C._, 275; consequently of
fact as well as of law.

_Presence of Commons._ The commons are to be present at the examination
of witnesses. _Seld. Jud._, 124. Indeed, they are to attend throughout,
either as a committee of the whole House, or otherwise, at discretion,
appoint managers to conduct the proofs. _Rushw. Tr. of Straff._, 37;
_Com. Journ., 4 Feb., 1709-10_; 2 _Woodd._, 614. And judgment is not to
be given till they demand it. _Seld. Jud._, 124. But they are not to be
present on impeachment when the lords consider of the answer of proofs
and determine of their judgment. Their presence, however, is necessary
at the answer and judgment in cases capital (_Id._, 58, 159) as well as
not capital; (162.) The lords debate the judgment among themselves. Then
the vote is first taken on the question of guilty or not guilty; and if
they convict, the question, or particular sentence, is out of that which
seemeth to be most generally agreed on. _Seld. Jud._, 167; 2 _Woodd._,
612.

_Judgment._ Judgments in Parliament, for death, have been strictly
guided per legem terræ, which they cannot alter; and not at all
according to their discretion. They can neither omit any legal part of
the judgment nor add to it. Their sentence must be secundum, non ultra
legem. _Seld. Jud._, 168-171. This trial, though it varies in external
ceremony, yet differs not in essentials from criminal prosecutions
before inferior courts. The same rules of evidence, the same legal
notions of crimes and punishments, prevailed; for impeachments are not
framed to alter the law, but to carry it into more effectual execution
against too powerful delinquents. The judgment, therefore, is to be such
as is warranted by legal principles or precedents. 6 _Sta. Tr._, 14; _2
Woodd._, 611. The Chancellor gives judgment in misdemeanors; the Lord
High Steward formerly in cases of life and death. _Seld. Jud._, 180. But
now the Steward is deemed not necessary. _Fost._, 144; 2 _Woodd._, 613.
In misdemeanors the greatest corporal punishment hath been imprisonment.
_Seld. Jud._, 184. The King’s assent is necessary in capital judgments
(2 _Woodd._, 614, contra), but not in misdemeanors. _Seld. Jud._, 136.

_Continuance._ An impeachment is not discontinued by the dissolution of
Parliament, but may be resumed by the new Parliament. _T. Ray._, 383; _4
Com. Journ., 23 Dec., 1790_; _Lords’ Journ., May 15, 1791_; 2 _Woodd._,
618.

LEGISLATIVE ASSEMBLIES.

TERRITORIAL GOVERNMENT.

First Session of the First Legislative Assembly of Colorado, convened at
Denver September 9th, and adjourned November 7th, 1861.

COUNCIL.

E. A. ARNOLD, of Lake, President; S. L. BAKER, Secretary; DAVID A.
CHEVER, Asst.-Sec.; E. W. KINGSBURY, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

H. J. Graham Weld and Larimer First.
Amos Steck Arapahoe Second.
Charles W. Mather Gilpin and Boulder Third.
H. F. Parker Gilpin Fourth.
A. U. Colby Clear Creek Fifth.
S. M. Robbins Summit Sixth.
E. A. Arnold Lake Seventh.
R. B. Willis El Paso Eighth.
J. M. Francisco Huerfano and Pueblo Ninth.

REPRESENTATIVES.

CHARLES F. HOLLY, of Boulder, Speaker; F. H. PAGE, Chief Clerk; E. P.
ELMER, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Daniel Steele Weld and Larimer First.
Charles F. Holly Boulder Second.
E. S. Wilhite Arapahoe Third.
Edwin Scudder Arapahoe and Douglas Fourth.
William A. Rankin Gilpin Fifth.
Jerome B. Chaffee Gilpin Sixth.
James H. Noteware Clear Creek Seventh.
O. A. Whittemore[46] Summit Eighth.
Daniel Witter[47] Park Ninth.
George F. Crocker Lake Tenth.
Jose Victor Garcia Conejos Eleventh.
Jesus M. Barela Costilla Twelfth.
George M. Chilcott Pueblo Thirteenth.

Second Session of the Legislative Assembly convened at Colorado
City on the 7th day of July, 1862; adjourned to Denver July
11th. Adjourned sine die August 15th, 1862.

COUNCIL.

N. J. BOND, of Park, President; JOHN HOWARD, Secretary; MATT.
RIDDLEBARGER, Asst.-Sec.; AMOS WIDNER, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

H. J. Graham Weld and Larimer First.
H. R. Hunt { Douglas, Arapahoe, Weld } First.
{ and Larimer }
Amos Steck Arapahoe Second.
Wm. A. H. Loveland { Jefferson, Gilpin, Clear } Second.
{ Creek and Boulder }
Charles W. Mather Gilpin Third.
N. J. Bond Park, Summit and Lake Third.
Henry F. Parker Gilpin Fourth.
{ Fremont, El Paso, Huerfano, }
J. B. Woodson { Conejos, Costilla, } Fourth.
{ and Pueblo }
A. U. Colby Clear Creek Fifth.
Henry Altman[48] Summit Sixth.
E. A. Arnold Lake Seventh.
Robert B. Willis El Paso Eighth.
J. M. Francisco Huerfano and Pueblo Ninth.

REPRESENTATIVES.

GEORGE F. CROCKER, of Lake, Speaker; WILLIAM TRAIN MUIR, Chief
Clerk; E. P. ELMER, Assistant-Clerk; RICHARD SOPRIS,
Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Daniel Steele Weld First.
{Larimer, Weld, Boulder,}
Joseph Kenyon { and Jefferson } First.
Charles F. Holly Boulder Second.
D. C. Oakes Arapahoe and Douglas Second.
E. S. Wilhite Arapahoe and Douglas Third.
C. G. Hanscome Arapahoe and Douglas Third.
Edwin Scudder Arapahoe and Douglas Fourth.
William M. Slaughter Gilpin Fourth.
William A. Rankin[49] Gilpin Fifth.
H. B. Hayes Gilpin Fifth.
Jerome B. Chaffee Gilpin Sixth.
J. W. Hamilton Clear Creek Sixth.
James H. Noteware Clear Creek Seventh.
Wilbur F. Stone Park Seventh.
O. A. Whittemore Summit Eighth.
R. R. Harbour Summit Eighth.
Daniel Witter Park Ninth.
John Fosher Lake Ninth.
George F. Crocker Lake Tenth.
M. S. Beach Pueblo and El Paso Tenth.
Jose Victor Garcia Conejos Eleventh.
Jose Raphael Martine Conejos Eleventh.
Jesus M. Barela Costilla Twelfth.
Jose Francisco Gallejos Costilla Twelfth.
George M. Chilcott Pueblo Thirteenth.
D. Powell Pueblo Thirteenth.

Third Session of the Legislative Assembly convened at Golden on
the 1st day of February, 1864; adjourned to Denver February 4th.
Adjourned sine die March 11th, 1864.

COUNCIL.

CHARLES W. MATHER, of Gilpin, President; C. B. HAYNES,
Secretary; W. T. REYNOLDS, Assistant-Secretary; E. C. PARMELEE,
Engrossing Clerk; O. B. BROWN, Enrolling Clerk; C. A.
BARTHOLOMEW, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Amos Widner Boulder, Larimer and Weld First.
Moses Hallett Arapahoe and Douglas Second.
Richard E. Whitsitt Arapahoe and Douglas Second.
Charles W. Mather Gilpin Third.
A. J. Van Deren Gilpin Third.
E. A. Johnson Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
Lewis Jones Park Fifth.
R. O. Bailey Summit Sixth.
Robert Berry Lake Seventh.
{ Pueblo, El Paso, Huerfano }
J. B. Doyle { and Fremont } Eighth.
C. Dominguez Conejos Ninth.
H. E. Esterday Costilla Tenth.

REPRESENTATIVES.

JEROME B. CHAFFEE, of Gilpin, Speaker; BAXTER B. STILES, Chief
Clerk; JOHN WALKER;, Engrossing Clerk; C. C. CARPENTER,
Enrolling Clerk; RICHARD SOPRIS, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

A. O. Patterson[50] Weld and Larimer First.
David A. Chever Arapahoe and Douglas Second.
J. A. Koontz Arapahoe and Douglas Second.
John A. Nye Arapahoe and Douglas Second.
J. H. Eames Arapahoe and Douglas Second.
David Ripley Boulder Third.
James Kelley Jefferson Fourth.
Leon D. Judd Boulder and Gilpin Fifth.
Jerome B. Chaffee Gilpin Sixth.
John Kipp[51] Gilpin Sixth.
Alvin Marsh Gilpin Sixth.
Samuel Mallory[52] Gilpin Sixth.
E. F. Holland Clear Creek Seventh.
J. E. Leeper Clear Creek Seventh.
M. C. White Summit Eighth.
John T. Lynch Summit Eighth.
Henry Henson Park Ninth.
J. B. Stansell Park Ninth.
Joel Wood Lake Tenth.
J. McCannon Lake Tenth.
Pablo Ortega Conejos Eleventh.
Jose Victor Garcia Conejos Eleventh.
N. W. Welton Costilla and Huerfano Twelfth.
B. J. McComas[53] Costilla and Huerfano Twelfth.
L. D. Webster Fremont Thirteenth.
A. Z. Sheldon Pueblo and El Paso Fourteenth.

Fourth Session of the Legislative Assembly convened at Golden, January
2d, and adjourned February 10th, 1865.

COUNCIL.

J. WENTZ WILSON, of Gilpin, President; OZIAS MILLETT, Secretary;
JAMES O. ALLEN, Assistant Secretary; W. B. FELTON, Enrolling
Clerk; W. ADAMS, Engrossing Clerk; MARSHALL SILVERTHORN,
Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Amos Widner Boulder, Larimer and Weld First.
Moses Hallett Arapahoe and Douglas Second.
Richard E. Whitsitt[54] Arapahoe and Douglas Second.
J. Wentz Wilson Gilpin Third.
George R. Mitchell Gilpin Third.
E. K. Baxter Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
Lewis Jones[55] Park Fifth.
H. L. Pearson Summit Sixth.
Robert Berry Lake Seventh.
Robert B. Willis { Pueblo, El Paso, Huerfano }
{ and Fremont } Eighth.
C. Dominguez Conejos Ninth.
H. E. Esterday[56] Costilla Tenth.

REPRESENTATIVES.

L. H. HARSH, of Gilpin, Speaker; C. H. GROVER, Chief Clerk; N.
S. HURD, Engrossing Clerk; A. D. COOPER, Enrolling Clerk; HENRY
GIBSON, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Weld and Larimer First.
Hiram J. Brendlinger Arapahoe and Douglas Second.
Rufus Clark Arapahoe and Douglas Second.
Baxter B. Stiles Arapahoe and Douglas Second.
F. M. Case.[57] Arapahoe and Douglas Second.
D. H. Nichols Boulder Third.
A. O. Patterson Jefferson Fourth.
Thomas D. Worrall Boulder and Gilpin Fifth.
L. H. Harsh Gilpin Sixth.
Benjamin Lake Gilpin Sixth.
A. Mansur Gilpin Sixth.
C. M. Tyler Gilpin Sixth.
E. F. Holland Clear Creek Seventh.
B. F. Pine Clear Creek Seventh.
John T. Lynch Summit Eighth.
A. Hopkins Summit Eighth.
Wilbur F. Stone Park Ninth.
James Thompson Park Ninth.
C. North Lake Tenth.
J. G. Ehrhart Lake Tenth.
Conejos Eleventh.
Conejos Eleventh.
Costilla and Huerfano Twelfth.
Costilla and Huerfano Twelfth.
Mills M. Craig Fremont Thirteenth.
O. H. P. Baxter[58] Pueblo and El Paso Fourteenth.

Fifth Session of the Legislative Assembly convened at Golden, on
the first day of January, 1866, adjourned to Denver, January
4th, and adjourned sine die Feb. 9th, 1866.

COUNCIL.

HENRY C. LEACH, of Arapahoe, President; CHARLES G. COX,
Secretary; GEORGE H. STILWELL, Assistant Secretary; BENJAMIN P.
THOMPSON, Engrossing Clerk; N. F. CHEESEMAN, Enrolling Clerk;
MARSHALL SILVERTHORN, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Joseph M. Marshall Boulder, Larimer and Weld First.
Henry C. Leach Arapahoe and Douglas Second.
John Q. Charles Arapahoe and Douglas Second.
George R. Mitchell Gilpin Third.
Ebenezer Smith Gilpin Third.
Benjamin Woodbury Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
Robert Douglas Park Fifth.
George W. Mann Summit Sixth.
H. H. DeMary Lake Seventh.
O. H. P. Baxter { Pueblo, El Paso, Huerfano } Eighth.
{ and Fremont }
Jesus Maria Velasquez Conejos Ninth.
George A. Hinsdale Costilla Tenth.

REPRESENTATIVES.

E. NORRIS STEARNS, of Park, Speaker; C. J. MCDIVITT, Chief
Clerk; A. D. COOPER, Enrolling Clerk; A. HOPKINS, Engrossing
Clerk; CHARLES BARTHOLOMEW, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICTS.

B. F. Johnson Weld and Larimer First.
David Gregory Arapahoe and Douglas Second.
Louis F. Bartels Arapahoe and Douglas Second.
James F. Gardner Arapahoe and Douglas Second.
H. J. Graham Arapahoe and Douglas Second.
S. M. Breath Boulder Third.
T. C. Bergen Jefferson Fourth.
Perley Dodge Boulder and Gilpin Fifth.
Frank Hall Gilpin Sixth.
Columbus Nuckolls[59] Gilpin Sixth.
C. M. Grimes[60] Gilpin Sixth.
J. W. Watson[61] Gilpin Sixth.
David T. Ball Clear Creek Seventh.
B. R. Colvin Clear Creek Seventh.
John Fosher Summit Eighth.
A. D. Bevan[62] Summit Eighth.
E. Norris Stearns Park Ninth.
George W. Norris Park Ninth.
Thomas Keys Lake Tenth.
J. G. Ehrhart Lake Tenth.
Jose Gabriel Martin Conejos and Costilla Eleventh.
M. Mandrigan Conejos and Costilla Eleventh.
Jesus Maria Barela Conejos and Costilla Eleventh.
Matt. Riddlebarger Huerfano Twelfth.
William Lock Fremont Thirteenth.
John W. Henry Pueblo and El Paso Fourteenth.

Sixth Session of the Legislative Assembly, convened at Golden December
3d, 1866, and adjourned January 11th, 1867.

COUNCIL.

ROBERT DOUGLAS, of Park, President; ROBERT BERRY, Secretary; J.
A. MILLER, Assistant-Secretary; N. F. CHEESEMAN, Enrolling
Clerk; WILLIAM B. RINES, Engrossing Clerk; B. R. WALL,
Sergeant-at-Arms.

NAME. COUNTIES. DISTRICTS.

Joseph M. Marshall Boulder, Larimer and Weld First.
John Q. Charles Arapahoe and Douglas Second.
Henry C. Leach Arapahoe and Douglas Second.
George R. Mitchell Gilpin Third.
Benjamin Woodbury Gilpin Third.
Ebenezer Smith Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
Robert Douglas Park Fifth.
George W. Mann Summit Sixth.
H. H. DeMary Lake Seventh.
O. H. P. Baxter { Pueblo, El Paso, Huerfano } Eighth.
{ and Fremont }
Jesus Maria Velasquez Conejos Ninth.
George A. Hinsdale Costilla Tenth.

REPRESENTATIVES.

E. L. BERTHOUD, of Jefferson, Speaker; C. J. MCDIVITT, Chief
Clerk; W. J. KRAM, Assistant-Clerk; ---- ROOT, Engrossing Clerk;
---- GREY, Enrolling Clerk; E. H. BROWN, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICTS.

Peter Winne Weld and Larimer First.
C. H. McLaughlin Arapahoe and Douglas Second.
Edwin Scudder Arapahoe and Douglas Second.
J. E. Force Arapahoe and Douglas Second.
C. J. Goss Arapahoe and Douglas Second.
James S. Doggett Boulder Third.
E. L. Berthoud Jefferson Fourth.
J. E. Parkman Boulder and Gilpin Fifth.
Columbus Nuckolls Gilpin Sixth.
E. T. Wells Gilpin Sixth.
J. V. Glendinen Gilpin Sixth.
C. M. Grimes Gilpin Sixth.
Charles B. Patterson Clear Creek Seventh.
R. W. Davis[63] Clear Creek Seventh.
Ziba Surles Summit Eighth.
W. W. Webster Summit Eighth.
Charles L. Hall Park Ninth.
F. C. Morse Park Ninth.
Julius C. Hughes Lake Tenth.
Jacob E. Ehrhart Lake Tenth.
Juan B. Lobato Conejos and Costilla Eleventh.
S. Valdez Conejos and Costilla Eleventh.
Juan Miguel Vijil Conejos and Costilla Eleventh.
Matt. Riddlebarger[64] Huerfano Twelfth.
M. Mills Craig Fremont Thirteenth.
W. H. Young Pueblo and El Paso Fourteenth.

Seventh Session of the Legislative Assembly, convened at Golden,
December 2nd, 1867; adjourned to Denver December 9th. Adjourned
sine die January 10th, 1868.

COUNCIL.

WILLIAM W. WEBSTER, of Summit, President; ED. C. PARMELEE,
Secretary; W. J. KRAM, Assistant-Secretary; E. R. HARRIS,
Engrossing Clerk; A. HOPKINS, Enrolling Clerk; ZIBA SURLES,
Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

James H. Pinkerton Boulder, Larimer and Weld First.
Amos Steck Arapahoe and Douglas Second.
Charles A. Cook Arapahoe and Douglas Second.
Hugh Butler Gilpin Third.
David D. Belden Gilpin Third.
J. Wellington Nesmith Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
E. Norris Stearns Park Fifth.
William W. Webster Summit Sixth.
Julius C. Hughes Lake Seventh.
B. B. Field[65] { Pueblo, El Paso, Huerfano } Eighth.
{ and Fremont }
Jesus Maria Velasquez Conejos Ninth.
Francisco Sanchez Costilla Tenth.

REPRESENTATIVES.

C. H. MCLAUGHLIN, of Arapahoe, Speaker; C. J. MCDIVITT, Chief
Clerk; M. L. HORR, Assistant-Clerk; JOSEPH SHARRATT, Engrossing
Clerk; A. CREE, Enrolling Clerk; CHARLES F. LEIMER, Assistant
Enrolling Clerk; ---- WELLS, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

H. Stratton Weld and Larimer First.
C. H. McLaughlin Arapahoe and Douglas Second.
Baxter B. Stiles Arapahoe and Douglas Second.
J. E. Wurtzebach Arapahoe and Douglas Second.
G. W. Miller Arapahoe and Douglas Second.
H. L. Pearson Boulder Third.
F. O. Sawin Jefferson Fourth.
T. Haswell Boulder and Gilpin Fifth.
D. M. Richards Gilpin Sixth.
S. F. Huddleston Gilpin Sixth.
C. R. Bissell Gilpin Sixth.
W. M. Slaughter Gilpin Sixth.
J. C. McCoy Clear Creek Seventh.
J. E. Wharton Clear Creek Seventh.
Stephen Decatur Summit Eighth.
J. A. Pierce Summit Eighth.
Ansel Bates Park Ninth.
W. J. McDougal Park Ninth.
J. Gilliland Lake Tenth.
B. Fowler Lake Tenth.
J. Lawrence Conejos and Costilla Eleventh.
Pablo Ortega Conejos and Costilla Eleventh.
Silverio Suaso Conejos and Costilla Eleventh.
Thomas Suaso[66] Huerfano Twelfth.
Thomas Macon Fremont Thirteenth.
E. T. Stone Pueblo and El Paso Fourteenth.

Eighth Session of the Legislative Assembly convened at Denver,
January 3d, and adjourned February 11th, 1870.

COUNCIL.

GEORGE A. HINSDALE, President; A. O, PATTERSON, Secretary;
GEORGE T. CLARK, Assistant Secretary; J. E. COBB, Engrossing
Clerk; HENRY BELL, Enrolling Clerk; E. T. STONE,
Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Jesse M. Sherwood[67] Boulder, Larimer and Weld First.
Amos Steck Arapahoe and Douglas Second.
Charles A. Cook Arapahoe and Douglas Second.
Hugh Butler Gilpin Third.
Silas B. Hahn[68] Gilpin Third.
J. Wellington Nesmith Gilpin Third.
Wm. A. H. Loveland Clear Creek and Jefferson Fourth.
E. Norris Stearns Park Fifth.
William W. Webster Summit Sixth.
Julius C. Hughes Lake Seventh.
George A. Hinsdale { Pueblo, El Paso, Huerfano } Eighth.
{ and Fremont }
Jesus Maria Velasquez Conejos Ninth.
Francisco Sanchez Costilla Tenth.

REPRESENTATIVES.

GEORGE W. MILLER, Speaker; Wm. M. SLAUGHTER, Chief Clerk; A. M.
BARNARD, Assistant Clerk; THOMAS A. MCCRYSTAL, Engrossing Clerk;
JOHN D. MCINTYRE, Enrolling Clerk; W. W. REMINE,
Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Matthew S. Taylor Weld and Larimer First.
George W. Miller Arapahoe and Douglas Second.
Samuel H. Elbert Arapahoe and Douglas Second.
H. B. Bearce Arapahoe and Douglas Second.
C. C. Gird Arapahoe and Douglas Second.
John H. Wells Boulder Third.
Allison H. De France Jefferson Fourth.
Thomas J. Graham Boulder and Gilpin Fifth.
Thomas J. Campbell Gilpin Sixth.
H. E. Lyon Gilpin Sixth.
A. E. Lea Gilpin Sixth.
John F. Topping Gilpin Sixth.
John T. Lynch Clear Creek Seventh.
D. B. Myers Clear Creek Seventh.
George W. Mann Summit Eighth.
A. D. Bevan Summit Eighth.
C. M. Mullen Park Ninth.
J. G. Randall Park Ninth.
D. L. Vandiver Lake Tenth.
J. C. Hall Lake Tenth.
Manuel Lucero Conejos, Costilla and }
Saguache }
Clement Trujillo Conejos, Costilla and }
Saguache }
William H. Meyer Conejos, Costilla and }
Saguache }
Filipe Baca Huerfano and Las Animas Twelfth.
William Sheppard Fremont Thirteenth.
J. B. Rice Pueblo and El Paso Fourteenth.

Ninth Session of the Legislative Assembly, convened at Denver
January 1st, and adjourned February 9th, 1872.

COUNCIL.

GEORGE M. CHILCOTT, of Pueblo. President; ELWARD L. SALISBURY,
Secretary; CHASE WITHROW, Assistant Secretary; E. H. STARRETTE,
Engrossing Clerk; S. N. SANDERS, Enrolling Clerk; ROBERT N.
DANIELS, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Joseph E. Bates Arapahoe First.
Francis Gallup Arapahoe First.
William C. Stover Weld and Larimer Second.
Allison H. De France Jefferson and Boulder Third.
Nathaniel P. Hill Gilpin Fourth.
Benjamin W. Wisebart Gilpin Fourth.
Edward C. Parmelee Clear Creek and Summit Fifth.
Madison W. Stewart Greenwood, Bent and Douglas Sixth.
George M. Chilcott Pueblo and El Paso Seventh.
J. Marshall Paul { Park, Lake, Saguache } Eighth.
{ and Fremont }
Jesus Maria Garcia Las Animas Ninth.
Silverio Suaso Huerfano Tenth.
Jose Victor Garcia Conejos and Costilla Eleventh.

REPRESENTATIVES.

ALVIN MARSH, of Gilpin, Speaker; JAMES G. COOPER, Chief Clerk;
JOSEPH T. BOYD, Assistant Clerk; ROLLIN MORROW, Engrossing
Clerk; C. W. BALDWIN, Enrolling Clerk; URIAH M. CURTIS,
Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Frederick Steinhauer Arapahoe First.
Isaac H. Batchellor Arapahoe First.
Clarence P. Elder Arapahoe First.
John G. Lilley Arapahoe First.
J. W. Bacon Weld and Larimer Second.
B. H. Eaton Weld and Larimer Second.
John D. Patrick Jefferson Third.
James P. Maxwell Boulder Fourth.
Charles C. Welch Jefferson and Boulder Fifth.
Alvin Marsh Gilpin Sixth.
George E. Randolph Gilpin Sixth.
John F. Topping Gilpin Sixth.
W. W. Webster Clear Creek and Summit Seventh.
James F. Gardner Douglas Eighth
Thomas O. Boggs[69] Bent and Greenwood Ninth.
J. M. Givens Pueblo and El Paso Tenth.
B. F. Crowell Pueblo and El Paso Tenth.
A. D. Cooper { Fremont, Lake, Park, and} Eleventh.
{ Saguache }
John G. Randall { Fremont, Lake, Park, and} Eleventh.
{ Saguache }
Casimiro Barela Las Animas Twelfth.
Lorenzo A. Abeyta[70] Las Animas Twelfth.
Mariano Larragoite Las Animas Twelfth.
John A. Manzanares Huerfano Thirteenth.
Pedro Raphael Trujillo Costilla Fourteenth.
Jose A. Velasquez Conejos Fifteenth.
Francisco Sanchez Conejos and Costilla Sixteenth.

Tenth Session of the Legislative Assembly convened at Denver on
the 5th day of January, and adjourned February 13th, 1874.

COUNCIL.

MADISON W. STEWART, of Bent, President; FOSTER NICHOLS,
Secretary; D. C. LIONBERGER, Assistant-Secretary; GEORGE H. F.
WORK, Enrolling Clerk; GEORGE R. WARD, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

H. P. H. Bromwell Arapahoe First.
R. G. Buckingham Arapahoe First.
Thomas Sprague Weld and Larimer Second.
John B. Fitzpatrick Jefferson and Boulder Third.
Hugh Butler Gilpin Fourth.
H. C. McCammon Gilpin Fourth.
William M. Clark Clear Creek and Summit Fifth.
Madison W. Stewart { Greenwood, Bent, and } Sixth.
{ Douglas }
George M. Chilcott Pueblo and El Paso Seventh.
Jairus W. Hall { Park, Lake, Saguache and } Eighth.
{ Fremont }
Daniel L. Taylor Las Animas Ninth.
Juan B. Jaquez Huerfano Tenth.
Lafayette Head Costilla and Conejos Eleventh.

REPRESENTATIVES.

DAVID H. NICHOLS, of Boulder, Speaker; JOSEPH T. BOYD, Chief
Clerk; E. P. DRAKE, Assistant-Clerk; J. A. KOONTZ, Engrossing
Clerk; O. H. HENRY, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Frederick Steinhauer Arapahoe First.
Alfred Butters Arapahoe First.
R. S. Little Arapahoe First.
J. H. K. Uhlhorn Arapahoe First.
Joseph C. Shattuck Weld and Larimer Second.
John McCutcheon Weld and Larimer Second.
Levi Harsh Jefferson Third.
James P. Maxwell Boulder Fourth.
David H. Nichols Jefferson and Boulder Fifth.
Henry Paul Gilpin Sixth.
Bela S. Buell Gilpin Sixth.
William J. Buffington Gilpin Sixth.
Benjamin F. Napheys Clear Creek and Summit Seventh.
Charles W. Perry Douglas Eighth.
John W. Prowers Bent and Greenwood Ninth.
Joseph C. Wilson Pueblo and El Paso Tenth.
William Moore Pueblo and El Paso Tenth.
Joseph Hutchinson { Fremont, Park, Lake, and } Eleventh.
{ Saguache }
William A. Amsbary { Fremont, Park, Lake, and } Eleventh.
{ Saguache }
Mariano Larragoite Las Animas Twelfth.
Casimiro Barela Las Animas Twelfth.
Alexander H. Taylor Las Animas Twelfth.
J. A. J. Valdez Huerfano Thirteenth.
William H. Meyer Costilla Fourteenth.
Manuel S. Salazar Conejos Fifteenth.
Juan Esquibel Costilla and Conejos Sixteenth.

Eleventh Session of the Legislative Assembly, convened at Denver
on the 3d day of January, and adjourned February 11th, 1876.

COUNCIL.

ADAIR WILSON, of Rio Grande, President; JAMES T. SMITH,
Secretary; FRANK FOSSETT, Assistant-Secretary; JAMES D. HENRY,
Engrossing Clerk; WILLIAM BORCHERT, Enrolling Clerk; J. A. J.
BIGLER, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Bela M. Hughes Arapahoe First.
Baxter B. Stiles Arapahoe First.
B. H. Eaton Weld and Larimer Second.
John C. Hummel Boulder and Jefferson Third.
Silas B. Hahn Gilpin Fourth.
E. L. Salisbury Gilpin Fourth.
Robert S. Morrison { Clear Creek, Summit and } Fifth.
{ Grand }
Andrew D. Wilson Douglas, Bent, and Elbert Sixth.
James Rice Pueblo and El Paso Seventh.
James Clelland { Freemont, Park, Lake, and } Eighth.
{ Saguache }
P. A. McBride Las Animas Ninth.
Silverio Suaso Huerfano Tenth.
Adair Wilson { Costilla, Conejos, Rio }
{ Grande, Hinsdale, and } Eleventh.
{ La Plata }

REPRESENTATIVES.

ALFRED BUTTERS, of Arapahoe, Speaker; JOSEPH T. BOYD, Chief
Clerk; C. L. PEYTON, Assistant-Clerk; JAMES W. GALLOWAY,
Engrossing Clerk; W. B. DICKINSON, Enrolling Clerk; JAMES D.
WOOD, Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Alfred Butters Arapahoe First.
Edmund L. Smith Arapahoe First.
Edward Pisko Arapahoe First.
W. B. Mills Arapahoe First.
Norman H. Meldrum Weld and Larimer Second.
J. C. McCowan[71] Weld and Larimer Second.
M. N. Everett Jefferson Third.
David C. Patterson Boulder Fourth.
George Rand Jefferson and Boulder Fifth.
John C. McShane Gilpin Sixth.
Frederick Kruse Gilpin Sixth.
William Larned Gilpin Sixth.
John H. Yonley { Clear Creek, Summit, and } Seventh.
{ Grand }
J. M. Nimerick Douglas and Elbert Eighth.
Frank Bingham Bent Ninth.
Albinus Z. Sheldon Pueblo and El Paso Tenth.
H. O. Rettberg Pueblo and El Paso Tenth.
James Y. Marshall { Fremont, Park, Lake and } Eleventh.
{ Saguache }
I. N. Peyton { Fremont, Park, Lake, and } Eleventh.
{ Saguache }
Donaciano Gurule Las Animas Twelfth.
Nicanora D. Jarramilla Las Animas Twelfth.
Mauricio Apadaca Las Animas Twelfth.
Herman Duhme Jr. Huerfano Thirteenth.
Francisco Sanchez Costilla Fourteenth.
T. M. Trippe { Conejos, Hinsdale, Rio } Fifteenth.
{ Grande and La Plata }
Reuben J. McNutt { Conejos, Costilla, Hinsdale, }
{ Rio Grande and La } Sixteenth.
{ Plata }

This Constitutional Convention assembled at Denver on the 8th of
August, 1865, and adjourned August 12th, having framed a
Constitution which was submitted to a vote of the people on the
first Tuesday of September, 1865, and the same was adopted by a
majority of one hundred and fifty-five votes. The Convention was
composed of the following named gentlemen:

W. A. H. LOVELAND, President; WEBSTER D. ANTHONY, of Arapahoe,
Secretary.

NAME. COUNTIES.

Samuel E. Browne Arapahoe
John Q. Charles Arapahoe
J. Bright Smith Arapahoe
James M. Cavanaugh Arapahoe
Richard Sopris Arapahoe
Joseph M. Brown Arapahoe
George T. Clark Arapahoe
John A. Koontz Arapahoe
D. H. Goodwin Arapahoe
A. C. Hunt Arapahoe
Charles A. Cook Arapahoe
G. W. Miller Arapahoe
David H. Nichols Boulder
P. M. Hinman Boulder
D. Pound Boul., Weld & Larim’r
A. Lumry Boul., W’d & Larm’r
W. E. Sisty Clear Creek
J. T. Herrick Clear Creek
Robert White Clear Creek
Charles B. Patterson Clear Creek
John Locke Clear Creek
D. P. Wilson Fremont
Edward S. Perrin Gilpin
Wm. E. Darby Gilpin
B. C. Waterman Gilpin
Rodney French Gilpin
A. J. Van Deren Gilpin
H. F. Powell Gilpin
F. H. Judd Gilpin
Charles W. Mather Gilpin
B. F. Lake Gilpin
George E. Randolph Gilpin
William S. Rockwell Gilpin
O. J. Hollister Gilpin
William R. Gorsline Gilpin
Truman Whitcomb Gilpin
G. B. Backus Gilpin
W. A. H. Loveland Jefferson
T. C. Bergen Jefferson
T. P. Boyd Jefferson
H. H. DeMary Lake
N. F. Cheeseman Lake
Charles Nachtrieb Lake
Harrison Anderson Lake
John McCannon Lake
Thomas Keys Lake
W. J. Curtice Park
Alexander Hatch Park
Alfred DuBois Park
Henry Henson Park
J. D. Parmelee Park
George W. Lechner Park
H. B. Haskell Summit
John T. Lynch Summit
G. W. Coffin Weld & Larimer
J. E. Washburn Weld & Larimer
F. Merrill 1st Reg. Col. Cav.
J. L. Pritchard 2d Reg. Col. Cav.
G. W. Hawkins 1st Reg. Col. Cav.
C. C. Hawley 1st Reg. Col. Cav.
B. F. Pine
W. G. Reid

* * * * *

This State Legislature convened at Golden, December 12th, 1865,
adjourned to Denver, December 16th, adjourned sine die, December 19,
1865.

SENATE.

GEORGE A. HINSDALE, Lt. Governor, President; JOHN WALKER,
Secretary; EDWIN H. BROWN, Assistant Secretary; H. B. HASKELL,
Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

Leander M. Black Boulder, Larimer and Weld First.
Charles A. Cook Arapahoe and Douglas Second.
L. B. McLain Arapahoe and Douglas Second.
Truman Whitcomb Gilpin Third.
L. L. Bedell Gilpin Third.
A. G. Langford Gilpin Third.
W. A. H. Loveland Clear Creek and Jefferson Fourth.
James Castello Park Fifth.
Adam B. Cooper Summit Sixth.
H. H. DeMary Lake Seventh.
John W. Henry { Pueblo, El Paso, Huerfano } Eighth.
{ and Fremont }
Jesus M. Velasquez Conejos Ninth.
J. L. Gasper Costilla Tenth.

REPRESENTATIVES.

D. P. WILSON, of Fremont, Speaker; L. H. SHEPHERD, Chief Clerk;
C. J. MCDIVITT, Assistant Clerk; CHARLES BARTHOLOMEW,
Sergeant-at-Arms.

NAME. COUNTIES. DISTRICT.

A. Lumry Weld and Larimer First.
Robert L. Hatten Arapahoe and Douglas Second.
G. H. Greenslit Arapahoe and Douglas Second.
William Garrison Arapahoe and Douglas Second.
D. G. Peabody Arapahoe and Douglas Second.
A. Wright Boulder Third.
T. C. Bergen[72] Jefferson Fourth.
David H. Nichols Boulder and Gilpin Fifth.
Isaac Whicher Gilpin Sixth.
Jason E. Scobey Gilpin Sixth.
Stephen Goodall Gilpin Sixth.
Lyman W. Chase Gilpin Sixth.
Charles B. Patterson Clear Creek Seventh.
B. R. Colvin Clear Creek Seventh.
James A. Pierce Summit Eighth.
Aaron Hopkins Summit Eighth.
George W. Lechner Park Ninth.
Charles L. Hall Park Ninth.
Thomas Keys Lake Tenth.
T. C. Hughes Lake Tenth.
Pedro Arragon Conejos Eleventh.
Jose Gabriel Martine Conejos Eleventh.
Pedro Lobato Costilla and Huerfano Twelfth.
Matt. Riddlebarger Costilla and Huerfano Twelfth.
D. P. Wilson Fremont Thirteenth.
George A. Bute Pueblo and El Paso Fourteenth.

CONSTITUTIONAL CONVENTION.

The Constitutional Convention assembled at Denver on the 20th
day of December, 1875, and adjourned March 15th, 1876, having
framed a constitution, which was submitted to a vote of the
people on the first day of July following, and the same was
adopted by a majority of 11,404 votes. The Convention was
composed of the following named gentlemen:

JOSEPH C. WILSON, of El Paso, President; W. W. COULSON,
Secretary; HERBERT STANLEY and H. A. TERPENING, Assistant
Secretaries; FRED J. STANTON, Engrossing and Enrolling Clerk; A.
H. BARKER, Sergeant-at-Arms.

DIS. NAME. COUNTY. POST OFFICE.

1 Sylvester J. Plumb Weld Erie.
1 John S. Wheeler Weld Fort Lupton.
2 Abram K. Yount Weld and Larimer Fort Collins.
3 William C. Stover Larimer Fort Collins.
4 William E. Beck Boulder Boulder.
4 Byron L. Carr Boulder Longmont.
5 Alvin Marsh Gilpin Black Hawk.
5 Lewis C. Rockwell Gilpin Central.
6 William M. Clark Clear Creek Georgetown.
6 William H. Cushman Clear Creek Georgetown.
7 William W. Webster { Clear Creek, Summit and } Montezuma.
{ Grand }
8 George G. White Jefferson Golden.
8 William Lee Jefferson Denver.
9 Ebenezer T. Wells Arapahoe Denver.
9 Henry P. H. Bromwell Arapahoe Denver.
9 Lewis C. Ellsworth Arapahoe Denver.
9 Clarence P. Elder Arapahoe Denver.
9 Frederick J. Ebert Arapahoe Denver.
9 Daniel Hurd Arapahoe Denver.
10 Philip P. Wilcox Arapahoe and Douglas Castle Rock.
11 J. W. Widderfield Bent } West Las
} Animas.
12 John S. Hough Bent and Elbert } West Las
} Animas.
13 Joseph C. Wilson El Paso Col. Springs.
13 Robert Douglas El Paso Colorado City.
14 William H. James Park and Lake Oro City.
14 George E. Pease Park and Lake Fairplay.
15 Willard B. Felton Saguache Saguache.
16 Adam D. Cooper Fremont Canon City.
17 Henry C. Thatcher Pueblo Pueblo.
17 Wilbur F. Stone Pueblo Pueblo.
18 Jesus M. Garcia Las Animas Trinidad.
18 Casimiro Barela Las Animas Barela.
18 George Boyles Las Animas Trinidad.
19 Agapito Vigil Las Animas and Huerfano Trinidad.
20 Robert A. Quillian Huerfano Walsenburg.
21 William H. Meyer Costilla San Luis.
22 Lafayette Head Conejos Conejos.
23 William R. Kennedy Rio Grande and Hinsdale Lake City.
24 Henry R. Crosby La Plata Silverton.

The first session of the State Legislature convened at Denver
Wednesday November 1st, 1876, and adjourned sine die March 20th,
1877.

SENATE.

LAFAYETTE HEAD, Lt. Governor, President; GEORGE T. CLARK,
Secretary; L. F. YATES, Enrolling Clerk; HERMAN F. LAUTER,
Engrossing Clerk; E. C. KAVANAUGH, Door Keeper; HARRIS STRATTON,
Sergeant-at-Arms.

DIS. NAME. COUNTY. POST-OFFICE.

1 Silas B. A. Haynes Weld Greeley.
2 Norman H. Meldrum Larimer La Porte.
3 James P. Maxwell Boulder Boulder.
3 Theodore O. Saunders Boulder Sunshine.
4 Lewis C. Rockwell Gilpin Central City.
5 William W. Webster { Gilpin, Summit } Montezuma.
{ and Grand }
6 Albert Johnson Clear Creek Georgetown.
6 William A. Hamill Clear Creek Georgetown.
7 Allison H. De France[73] Jefferson Golden.
8 Joseph E. Bates Arapahoe Denver.
8 Lewis C. Ellsworth Arapahoe Denver.
8 Alfred Butters Arapahoe Denver.
8 Hiram P. Bennet Arapahoe Denver.
9 Eugene Gaussoin Elbert and Bent Higbee.
10 Edwin S. Randall El Paso Col. Springs.
11 James F. Gardner Douglas Frankstown.
12 James Moynahan Park Alma.
13 Jason B. Hall Lake and Saguache Villa Grove.
14 James Clelland Fremont Canon City.
15 John W. Hill Pueblo Pueblo.
16 William B. Hamilton Huerfano La Veta.
17 Casimiro Barela Las Animas Barela.
17 Daniel L. Taylor Las Animas Trinidad.
18 William H. Meyer Costilla San Luis.
19 Juan F. Chacon Conejos Conejos.
20 Henry Henson { Rio Grande, Hinsdale, } Wagon Wheel
{ La Plata, and San Juan } Gap.

REPRESENTATIVES.

WEBSTER D. ANTHONY, of Arapahoe, Speaker; WILLARD B. FELTON,
Chief Clerk; MILTON R. MOORE, Assistant-Clerk; CHARLES P.
NICHOLSON, Engrossing Clerk; MARY P. MCCARTY, Enrolling Clerk;
JAMES D. WOOD, Sergeant-at-Arms.

NAME. COUNTIES. POST OFFICE.

Webster D. Anthony Arapahoe Denver.
George C. Griffin Arapahoe Island Station.
John C. Mayer Arapahoe Denver.
John McBroom Arapahoe Littleton.
A. C. Phelps Arapahoe Denver.
W. H. Pierce Arapahoe Denver.
Adolph Schinner Arapahoe Denver.
Robert M. McMurray Bent Las Animas.
Isaac Canfield Boulder Magnolia.
Daniel Ransom Boulder Longmont.
Azor A. Smith Boulder Nederland.
George X. Young Boulder Erie.
Milton Alberts Costilla San Luis.
D. Archuleta Conejos Conejos.
A. Vijil Conejos Conejos.
P. E. Morehouse Clear Creek Georgetown.
George A. Patten Clear Creek Idaho.
Theodore F. Simmons Clear Creek Georgetown.
T. Jeff. Watts Clear Creek Silver Plume.
George A. Lord Douglas Pine Grove.
A. D. Wilson Elbert Godfrey Station.
J. C. Helm El Paso Colorado Springs.
Charles W. Kittredge El Paso Florissant.
Richard Irwin Fremont Rosita.
Charles R. Seiber Fremont Colfax.
H. Jacob Kruse Gilpin Central City.
Henry W. Lake Gilpin Black Hawk.
Austin C. Marshman Gilpin Central City.
John H. Stokes Grand Hot Sulphur Sp’gs.
T. C. Chaves Huerfano Gardner.
J. R. Esquibel Huerfano Walsenburg.
William H. Green Hinsdale Lake City.
Martin V. Luther Jefferson Morrison.
George Rand Jefferson Golden.
N. C. Alford Larimer Livermore.
W. J. McDermith Lake Oro City.
Urbano Chacon Las Animas Trinidad.
Mariano Larragoite Las Animas Apishapa.
David F. Wilkins Las Animas Trinidad.
John Moss[74] La Plata Parrott City.
Ziba Surles Park Grant.
John N. Carlile Pueblo Pueblo.
Garrett Lankford Pueblo Booneville.
Alva Adams Rio Grande Del Norte.
Isaac Gotthelf Saguache Saguache.
Charles H. McIntyre San Juan Animas Forks.
George W. Wilson Summit Breckinridge.
Abner Leonard Weld Evans.
David F. Rainey Weld Platteville.

LENGTH OF SESSIONS AND NUMBER OF MEMBERS--TERRITORIAL ORGANIZATION.

Year. Time of Meeting. Adjournment. Length of No. Mems.
Session.
1861. September 9th November 7th 60 days 22
1862. July 7th August 15th 40 days 39
1864. February 1st March 11th 40 days 39
1865. January 2d February 10th 40 days 39
1866. January 1st February 9th 40 days 39
1866. December 3d January 11th, 1867 40 days 39
1867. December 2d January 10th, 1868 40 days 39
1870. January 3d, February 11th 40 days 39
1872. January 1st February 9th 40 days 39
1874. January 5th February 13th 40 days 39
1876. January 3d February 11th 40 days 39

CONSTITUTIONAL CONVENTIONS.

1865 Aug. 8 Aug. 12 5 days 62
1875 Dec. 20 Mar. 15, 1876 87 days 39

STATE ORGANIZATION.

1865 Dec. 12 Dec. 19 8 days 39
1876 Nov. 1 Mar. 20, 1877 140 days 75

TERRITORIAL AND STATE OFFICERS.

TERRITORIAL OFFICERS OF COLORADO.

GOVERNORS.

William Gilpin, appointed by Abraham Lincoln July 8, 1861
John Evans, appointed by Abraham Lincoln April 19, 1862
Alexander Cummings, appointed by Andrew Johnson Oct. 17, 1865
A. C. Hunt, appointed by Andrew Johnson May 27, 1867
Edward M. McCook, appointed by U. S. Grant June 15, 1869
Samuel H. Elbert, appointed by U. S. Grant March 9, 1873
Edward M. McCook, reappointed by U. S. Grant August --, 1874
John L. Routt, appointed by U. S. Grant March 29, 1875

SECRETARIES.

Lewis Ledyard Weld, appointed by Abraham Lincoln July 8, 1861
Samuel H. Elbert, appointed by Abraham Lincoln April 19, 1862
Frank Hall, appointed by Andrew Johnson May 2, 1866
Frank Hall, appointed by U. S. Grant June 15, 1869
Frank Hall, reappointed by U. S. Grant June 18, 1873
John W. Jenkins, appointed by U. S. Grant February 12, 1874
John Taffe, appointed by U. S. Grant August 16, 1875

TREASURERS.

George T. Clark, appointed by Gov. Gilpin November 12, 1861
Alexander W. Atkins, appointed by Gov. Evans March 17, 1864
A. C. Hunt, appointed by Gov. Cummings January 25, 1866
John Wanless, appointed by Gov. Cummings September 5, 1866
Columbus Nuckolls, appointed by Gov. Hunt December 16, 1867
Columbus Nuckolls, reappointed by Gov. Hunt March 17, 1868
George T. Clark, appointed by Gov. McCook February 14, 1870
George T. Clark, reappointed by Gov. McCook February 17, 1872
David H. Moffat, Jr., appointed by Gov. Elbert January 26, 1874
Frederick Z. Salomon, appointed by Gov. Routt February 11, 1876

AUDITORS.

Milton M. Delano appointed by Gov. Gilpin Nov. 12, 1861
Richard E. Whitsitt, appointed by Gov. Evans March 10, 1864
Richard E. Whitsitt, appointed by Gov. Cummings January 26, 1866
Hiram J. Graham, appointed by Gov. Cummings December 13, 1866
Nathaniel F. Cheeseman, appointed by Gov. Hunt January 7, 1868
James B. Thompson, appointed by Gov. McCook February 15, 1874
James B. Thompson, reappointed by Gov. McCook February 14, 1870
Levin C. Charles, appointed by Gov. Elbert January 26, 1874
Levin C. Charles, appointed by Gov. Routt February 12, 1876

SUPERINTENDENTS OF PUBLIC INSTRUCTION.

William. J. Curtice, appointed by Gov. Gilpin Nov. 7, 1861
Wm. S. Walker, appointed by Gov. Evans Nov. 15, 1863
Alexander W. Atkins[75] Feb. 10, 1865
John Wanless[75] January, 1866
Columbus Nuckolls[75] March, 1867
Wilbur C. Lothrop, appointed by Gov. McCook March, 1870
Wilbur C. Lothrop, reappointed by Gov. McCook March, 1872
Horace M. Hale, appointed by Gov. Elbert July 24, 1873
Horace M. Hale, reappointed by Gov. Elbert 1874
Horace M. Hale, appointed by Gov. Routt February 9, 1876

DELEGATES TO CONGRESS.

Hiram P. Bennet, elected December 2, 1861
Hiram P. Bennet, re-elected October 7, 1862
Allen A. Bradford, elected July 11, 1864
George M. Chilcott, elected November 14, 1865
George M. Chilcott, re-elected August 7, 1866
Allen A. Bradford, re-elected September 8, 1868
Jerome B. Chaffee, elected September 13, 1870
Jerome B. Chaffee, re-elected September 10, 1872
Thomas M. Patterson, elected September 8, 1874

JUDGES OF THE SUPREME COURT.--CHIEF JUSTICES.

Benjamin F. Hall, appointed by Abraham Lincoln Mar. 25, 1861
Stephen S. Harding, appointed by Abraham Lincoln July 10, 1863
Moses Hallett, appointed by Andrew Johnson April 10, 1866
Moses Hallett, appointed by U. S. Grant April 30, 1870
Moses Hallett, reappointed by U. S. Grant 1874

ASSOCIATE JUSTICES.

Chas. Lee Armour, appointed by Abraham Lincoln Mar. 28, 1861
S. Newton Pettis, appointed by Abraham Lincoln July 9, 1861
Allen A. Bradford, appointed by Abraham Lincoln June 6, 1862
Charles F. Holly, appointed by Andrew Johnson June 10, 1865
William H. Gale, appointed by Andrew Johnson June 10, 1865
William R. Gorsline, appointed by Andrew Johnson June 18, 1866
Christian S. Eyster, appointed by Andrew Johnson Aug. 11, 1866
James B. Belford, appointed by U. S. Grant June 17, 1870
Ebenezer T. Wells, appointed by U. S. Grant Feb. 8, 1871
James B. Belford, reappointed by U. S. Grant 1874
Amherst W. Stone, appointed by U. S. Grant Mar. 1, 1875
Andrew W. Brazee, appointed by U. S. Grant Feb. 24, 1875

UNITED STATES DISTRICT ATTORNEYS.

James E. Daliba, appointed by Abraham Lincoln 1861
Samuel E. Browne, appointed by Abraham Lincoln April 8, 1862
George W. Chamberlain, appointed by A. Johnson Oct. --, 1865
H. C. Thatcher, appointed by Andrew Johnson Jan. --, 1868
Lewis C. Rockwell, appointed by U. S. Grant May --, 1869
H. C. Alleman, appointed by U. S. Grant April --, 1873
C. D. Bradley, appointed by U. S. Grant June 20, 1875
W. H. Parker, appointed Dec. --, 1876
W. S. Decker, appointed by U. S. Grant Jan. 12, 1877

STATE OFFICERS.

EXECUTIVE.

ELECTED FOR TWO YEARS.

Term expires January, 1879.

John L. Routt, of Arapahoe Governor.
Lafayette Head,[76] of Conejos Lieutenant-Governor.
William M. Clark, of Clear Creek Secretary.
David C. Crawford,[77] of El Paso Auditor.
George C. Corning,[77] of Boulder Treasurer.
Archibald J. Sampson, of Fremont Attorney General.
Joseph C. Shattuck,[78] of Weld Supt. Public Instruction.

UNITED STATES SENATORS AND REPRESENTATIVE.

Jerome B. Chaffee, of Arapahoe Term expires March, 1879.
Henry M. Teller, of Gilpin Term expires March, 1883.
James B. Belford[79] (Rep.), of Gilpin Term expires March, 1879.

JUDICIAL.

JUDGES OF THE SUPREME COURT.

Elected for Nine Years, except as otherwise provided in Constitution,
Art. vi. Sec. 8.

Henry C. Thatcher, Chief Justice Term expires Nov., 1879.
Samuel H. Elbert, Associate Justice Term expires Nov., 1882.
Ebenezer T. Wells, Associate Justice Term expires Nov., 1885.

DISTRICT JUDGES.

ELECTED FOR SIX YEARS.

Term expires Nov., 1882.

William E. Beck, of Boulder First District.
Victor A. Elliott, of Arapahoe Second District.
John W. Henry, of Pueblo Third District.
Thomas M. Bowen, of Rio Grande Fourth District.

DISTRICT ATTORNEYS.

ELECTED FOR THREE YEARS.

Term expires Nov., 1879.

Edward O. Wolcott, of Clear Creek First District.
David B. Graham, of Arapahoe Second District.
John M. Waldron, of Huerfano Third District.
Columbus W. Burris, of Rio Grande Fourth District.

[For Judicial Districts see Constitution, page 86, sec. 13.]

REGENTS OF THE UNIVERSITY.

LEVI W. DOLLOFF, President; JUNIUS BERKLEY, Secretary.

Frederick J. Ebert, of Arapahoe, six years Term expires 1882.
Wm. H. Van Gieson, of Rio Grande, two years Term expires 1878.
Levi W. Dolloff, of Boulder, four years Term expires 1880.
George Tritch, of Arapahoe, six years Term expires 1882.
Junius Berkley, of Boulder, two years Term expires 1878.
Crescensio Valdez, of Conejos, four years Term expires 1880.

TRUSTEES OF SCHOOL OF MINES.

John H. Yonley, of Summit.
Adair Wilson of Rio Grande.
James T. Smith, of Jefferson.

PRESIDENTIAL ELECTORS.

Herman Beckurts, of Arapahoe.
Otto Mears, of Saguache, Messenger.
Wm. L. Hadley, of Clear Creek.

MANAGERS OF PENITENTIARY.

Joseph T. Boyd, of Jefferson.
O. H. P. Baxter, of Pueblo.
B. H. Eaton, of Weld.
M. N. Megrue, Fremont, Warden.

TRUSTEES OF DEAF MUTE INSTITUTE.

R. G. Buckingham, of Arapahoe.
J. S. Wolfe, of El Paso.
Matt. France, of El Paso.

MEMBERS OF THE STATE BOARD OF AGRICULTURE.

WILLIAM WATROUS, President; HARRIS STRATTON, Secretary.

William F. Watrous, of Larimer.
William A. Bean, of Larimer.
Harris Stratton, of Larimer.
John Armor, of Arapahoe.
B. S. LeGrange, of Weld.
P. M. Hinman, of Boulder.
M. N. Everitt, of Jefferson.
John J. Ryan, of Larimer.

STATE OFFICERS OF COLORADO.

OFFICIAL VOTE FOR STATE OFFICERS.

[FIRST GENERAL ELECTION, OCTOBER 3, 1876,.]

COUNTIES. GOVERNOR. LIEUT. SECRETARY AUDITOR.
GOVERNOR. OF STATE.

JOHN L. BELA M. LAFAYETTE MICHAEL WM. M. JAMES T. D. C. J. F.
ROUTT. HUGHES HEAD. BESHOAR. CLARK. SMITH. CRAWFORD. BENEDICT.

ARAPAHOE 2173 1795 2233 1734 2352 1607 2313 1657
BENT 250 439 246 442 253 434 253 434
BOULDER 1539 1096 1485 1034 1572 1076 1572 1076
COSTILLA 351 173 346 174 352 169 300 171
CONEJOS 341 218 368 191 341 221 341 221
CLEAR CREEK 1072 1031 1093 1011 1148 952 1081 1019
DOUGLAS 282 333 294 322 293 625 297 320
ELBERT 84 117 85 116 83 118 84 117
EL PASO 713 397 716 399 722 386 744 370
FREMONT 522 531 510 535 525 532 529 527
GILPIN 1005 763 1011 759 1033 730 1013 759
GRAND 73 147 85 135 93 127 87 132
HUERFANO 410 614 385 637 413 610 416 605
HINSDALE 420 382 409 385 423 362 410 392
JEFFERSON 537 596 569 574 543 596 519 603
LARIMER 374 300 380 293 380 293 362 310
LAKE 229 234 218 244 218 246 218 246
LAS ANIMAS 669 1271 651 1282 676 1240 680 1257
LA PLATA 50 108 55 104 54 108 54 108
PARK 465 423 467 416 463 416 468 416
PUEBLO 543 739 552 714 551 717 553 729
RIO GRANDE 364 362 357 359 363 362 362 363
SAGUACHE 306 189 277 194 306 186 295 194
SAN JUAN 393 410 397 404 403 399 393 411
SUMMIT 201 185 202 186 209 181 205 182
WELD 788 463 800 449 803 450 568 676

TOTAL 14154 13316 14191 13093 14582 12843 14117 13295

COUNTIES. STATE ATTORNEY SUP. PUBLIC
TREASURER. GENERAL. INSTRUCT’N.

GEO. C. THOS. M. A. J. G. Q. J. C. G. B.
CORNING. FIELD. SAMPSON. RICHMOND. SHATTUCK. GRŒSBECK.

ARAPAHOE 2177 1788 2224 1750 2254 1719
BENT 247 442 254 432 255 434
BOULDER 1565 1042 1483 1036 1511 1133
COSTILLA 335 185 327 194 350 65
CONEJOS 296 267 341 221 341 219
CLEAR CREEK 1097 1011 1093 1016 1089 1017
DOUGLAS 290 327 291 326 293 329
ELBERT 84 117 83 118 83 118
EL PASO 694 387 707 406 721 385
FREMONT 517 538 519 522 523 533
GILPIN 1005 759 1014 757 1007 762
GRAND 84 131 88 132 87 105
HUERFANO 371 646 407 614 413 606
HINSDALE 403 395 416 385 408 389
JEFFERSON 523 578 571 572 572 572
LARIMER 371 300 379 294 378 262
LAKE 218 246 214 249 218 219
LAS ANIMAS 655 1276 673 1265 676 1220
LA PLATA 54 107 54 108 55 97
PARK 494 390 450 417 476 407
PUEBLO 540 742 520 750 550 729
RIO GRANDE 356 369 352 373 362 357
SAGUACHE 295 196 297 194 297 158
SAN JUAN 378 423 388 415 389 ----
SUMMIT 204 182 201 183 205 182
WELD 785 466 802 453 791 456

TOTAL 14038 13310 14145 13182 14304 12473

There were scattering votes as follows: 1 for Governor in Jefferson
County; 11 for Secretary of State in Hinsdale County; 25 in El Paso and
1 in Jefferson for Auditor; 35 in Jefferson and 2 in Summit for
Treasurer; and 415 for Superintendent of Public Instruction, with 93
scattering.

MANUAL OF CUSTOMS, PRECEDENTS AND FORMS.

ORGANIZATION.

The Legislature convenes at 12 o’clock M. on the first Wednesday in
January A. D. 1879, and at 12 o’clock M. on the first Wednesday in
January of each alternate year forever thereafter, and at other times
when convened by the Governor.

Custom, so prevalent and so ancient as to have the force of law, has
made it the duty of the clerk of the previous house to call to order,
and to conduct the proceedings generally, until a speaker is chosen, but
any member elect is competent to perform this duty.

In other States it is the custom for the Secretary of State to furnish
to the clerk a certified statement of the names of the members elect,
which is read. The members then advance to the clerk’s desk, generally
the delegation of each county by itself, and subscribe the oath of
office. But in this State the usual proceeding is to choose a Speaker
and a clerk _pro tem._, and to appoint a committee who examine
credentials of members elect, and report to the House thus temporarily
organized.

The oath of office is then administered to the members elect. It may be
administered by the President of the Senate, the Governor, Secretary of
State, Attorney General, or any of the Judges of the Supreme Court. It
has been administered in this State usually by one of the judges.
[_Members coming in after the first day of the session are sworn in by
the Speaker._] After all are sworn, the roll is called, when, if a
quorum is found present, the Speaker _pro tem._ declares the House to be
qualified and competent to proceed to business.

If the members present have determined their choice for officers, the
election proceeds forthwith; if not, an adjournment is had until the
next day.

It is determined by the House whether the election for Speaker, Clerk,
and Sergeant-at-arms and the subordinate officers shall be by ballot,
viva voce, or otherwise.

Candidates for Speaker are nominated and the vote taken.

The Speaker _pro tem._ announces the result, and names a committee to
conduct the Speaker elect to the chair. The other elections proceed in
the same manner, except that when the result is announced by the
Speaker, the officer elect advances to the Clerk’s desk and is sworn in
by the Speaker.

A committee is then appointed to wait on the Senate, and inform them
that the House is organized; or the Clerk is directed, by resolution, to
inform the Senate of the fact.

One of the first duties after organization is the adoption of rules for
the government of the House.

It is customary for the Speaker to appoint a committee of three to meet
with a committee of three from the Senate for the purpose of forming
joint rules for the government of both houses; and when completed, the
committees report to their respective houses.

By concurrent resolution both houses meet in joint convention to canvass
the vote for executive officers.

When it has been determined who are the executive officers, a joint
committee of both houses is then appointed to wait on the Governor and
inform him that both Houses of the General Assembly are organized, and
that the houses are in readiness to receive any communication from him.

The Senate and House usually assemble in joint convention in the chamber
of the House upon some day and hour suggested by the Governor, during
the first week of the session to hear his message.

The message is usually read by the Executive, but may be read by his
private secretary, or by any one the Governor may appoint.

At the first opportunity after hearing the message read, the various
recommendations therein contained are referred, by resolution, to
appropriate standing committees, or select committees.

Standing committees are appointed by the Speaker at as early a day in
the session as is possible. Each committee usually consists of five
members, but the House determines the number which is sometimes three,
or nine, or eleven, or any other number.

DRAWING OF SEATS.

In other States the seats are drawn by lot. The method pursued is as
follows:

The members leave their seats, and take places in the open area behind
their seats. The clerk having placed in a box slips of paper containing
the names of the members respectively, a page or messenger draws them
therefrom. The clerk announces each name as it is drawn, and the member
named selects his seat, and occupies it until the drawing is completed.

In this State it is not customary to draw seats by any method. The seats
are usually chosen with the view of grouping together those who
represent similar interests.

COMPENSATION.

Each member of the General Assembly, as a compensation for his services
shall receive four dollars for each day’s attendance, and fifteen cents
for every mile necessarily travelled in going to and returning from the
seat of government, and shall receive no other compensation, perquisite,
or allowance whatsoever. It is customary to pay the mileage of members
both ways, upon the certificate of the Speaker and clerk as to the
proper sum to which each member is entitled.

PAY OF OFFICERS.

The Speaker of the House shall be entitled to receive the same
compensation allowed to other members of the Legislature. The per diem
of officers of the Legislature shall be as follows: The chief clerk, six
dollars; the assistant clerk, five dollars; sergeant-at-arms, assistant
sergeant-at-arms, engrossing clerk, assistant engrossing clerk, and
enrolling clerk, each four dollars; messenger, door-keeper, janitor, and
interpreter, each three dollars; chaplain, two dollars; pages, assistant
door-keeper, and janitor, each one dollar and fifty cents.

DUTIES OF OFFICERS.

_Speaker_--The duties of this officer are generally as follows:

To open the session, at the time to which the House stands adjourned, by
taking the chair and calling the members to order.

To announce the business before the House in the order in which it is to
be acted upon.

To receive and submit, in the proper manner, all motions and
propositions presented by the members.

To put to vote all questions which are regularly moved, or which
necessarily arise in the course of proceedings, and to announce the
result.

To restrain the members, when engaged in debate, within the rules of
order.

To enforce on all occasions the observance of order and decorum among
the members.

To inform the House, when necessary, or when referred to for the
purpose, on a point of order or practice.

To receive messages and other communications from other branches of the
government, and announce them to the House.

To authenticate by his signature, when necessary, all the acts, orders
and proceedings of the House.

To name the members--when directed to do so in a particular case, or
when it is a part of his general duty by the rules--who are to serve on
committees, and in general.

To represent and stand for the House, declaring its will, and in all
things obeying its commands. Every officer of the House is subordinate
to the Speaker, and in all that relates to the prompt and correct
discharge of official duty, is under his supervision.

The Speaker shall preserve order and decorum; may speak to points of
order in preference to others, rising from his seat for that purpose;
and he shall decide questions of order, subject to an appeal to the
House by any member, on which appeal no member shall speak more than
once, unless by leave of the House. On an appeal being taken, the
question shall be: “Shall the decision of the Chair stand as the
judgment of the House?”----which question, and the action of the House
thereon, shall be entered on the journal.

The Speaker may call a member to the Chair, but such substitution shall
not extend beyond one day, except by leave of the House.

The Speaker shall vote on all questions taken by yeas and nays, and on
all elections or divisions called for by any member.

In the absence of the Speaker, the House shall elect a Speaker _pro
tempore_, whose office shall cease on the return of the Speaker.

_Clerk_--He has the care and custody of all the papers and records, and
arranges in its proper order, from day to day, after its inception, all
the business of the House. He must, in order to have a proper knowledge
of the affairs of his department, apportion, systematize and personally
supervise the labor of all his subordinates, and, when not called
therefrom by more important duties, should officiate in person at the
reading desk. The duties of his subordinates are properly his duties, as
all are performed under his direction, and he is responsible for any
deficiencies. It is his duty to prepare and furnish to the printer an
accurate record of each day’s proceedings, and a copy of every bill,
report and other thing ordered to be printed, “on the same day such
orders are made;” to keep the pay accounts of members and officers, and
issue his certificate of per diem to them; to deliver the messages of
the House to the Senate; to sign subpœnas; he can permit no records nor
papers belonging to the House to be taken out of his custody, otherwise
than in the regular course of business; and shall report any missing
papers to the notice of the Speaker.

He is by law responsible for the safe keeping of all bills and other
documents in possession of the House, and for the proper registry of all
proceedings; and is required at the close of the session, to deposit all
papers in his possession as clerk, properly classified and labeled, with
the Secretary of State.

REGULATIONS IN THE DEPARTMENT OF THE CLERK.

_The Assistant Clerk_--It is his special duty: To keep a record of each
day’s proceedings; and if daily printed, to correct the proof of the
same while being printed.

To officiate at the reading desk when required by the clerk; and in case
of his absence, to perform his duties generally.

To label and file in their appropriate places all papers presented, with
proper dates and references.

To select each day all papers ordered to be printed, make a list thereof
in a book provided for that purpose, and send them to the printer,
taking his receipt therefor.

To keep a list of all absentees on leave, etc.

_The Book Keeper_--It is his special duty: To keep the register of
bills, resolutions, memorials, etc., showing therein, and opposite to
each title, all action taken and proceedings had, with regard to such
papers.

To distribute to the proper committee, or officers, all bills, petitions
and other papers referred.

To make out all certificates of per diem and mileage, ready for the
signature of the Speaker and clerk.

To prepare the message to be delivered to the other House, and when not
otherwise occupied, to help the assistant clerk in the performance of
his duties.

_The Engrossing Clerk_--It is his special duty: To engross all bills
ordered to a third reading which the rules require to be engrossed,
properly placing all amendments adopted prior to the order for their
engrossment.

By the direction of the clerk or assistant clerk, to perform any
necessary service appertaining to the duties of the other deputies.

_The Enrolling Clerk_--It is his special duty: To make clear, legible
copies of all bills which have been concurred in, without erasures or
interlineations.

GENERAL REGULATIONS.

Each deputy, when not occupied in the performance of his own special
duties, is to render such assistance to the clerk and to his associate
deputies as may be in his power, or as the pressure of duties in a
particular department may render necessary.

The deputies are expected to notify the clerk of any interference by
members or others with their duties, and of all improper approaches or
requests made to them by any person. They are not to exhibit to any
person any bill or other document in their possession without leave of
the clerk.

Perfect courtesy must at all times be maintained towards members,
reporters, associate deputies, and all who have business to transact
with the department; but interference with legislation cannot be allowed
under any circumstances.

_To Members, Officers and Reporters_--It is especially requested that no
member, officer or reporter will interrupt the assistant clerk while
engaged in keeping the journal. “No journal, record, account or paper,”
of any kind may be taken from the desk, unless by express permission of
the clerk.

_Sergeant-at-Arms_--This officer is the executive officer of the House.
He has charge of the chambers and appurtenant conveniences of the House.
He controls the police regulations, attends to the warming of the
chambers, serves the subpœnas and warrants of the House, announces
messages from the Governor and from the Senate, provides rooms for
committees, receives from the Secretary of State all public documents
ordered or coming in due course, and distributes the same through the
post-office, or otherwise, to members and officers entitled thereto. He
is to organize his department with such system that each of his
subordinates shall know his precise duties, and he is to see that each
performs his duty promptly, thoroughly and courteously. He is required
to keep the chamber open from 8 o’clock A. M. to 10 o’clock P. M.

He should have the printed bills and other documents in his possession
so classified and arranged that he can at once answer any call upon him
for them.

His assistant assists him generally in the discharge of his duties, and
takes his place when he is absent.

_The Door Keeper_ attends to the principal door; opens and closes it
for the entry and exit of all persons; maintains order in the lobby and
vestibule; sees that visitors are seated, and that the regulations of
the House, in his department, are strictly enforced.

_The Assistant Door Keepers_, each at their respective stations, are to
discharge the same duties as the principal door keeper. They must be in
attendance as well during the recess as the sessions of the House to
keep out intruders and maintain order.

_The Firemen_ attend to the warming and ventilation of the House
chamber, and under the direction of the sergeant-at-arms, make
themselves generally useful.

The door keepers and firemen are responsible to the sergeant-at-arms.

DUTIES OF MESSENGERS.

To be in attendance from 8 o’clock A. M. until 10 o’clock P. M. every
day (Sundays excepted), whether the House is in session or not.

To receive the journals and printed bills from the Sergeant-at-Arms, and
arrange them in order on the file of each member.

Not to leave the House chamber during the _morning hour_, or absent
themselves from the sessions of the House during an entire day, except
upon leave of the Speaker or the House.

During the morning hour to take the positions assigned to them by the
Clerk; and, standing up, so as to see and be seen, hold themselves in
readiness to bring all bills, resolutions, etc., from the several
members to the Clerk, when presented.

After the expiration of the morning hour, when not engaged in filing
bills, etc., for the members they have in charge, to answer promptly any
call, and render assistance to any member requiring it.

To refrain from throwing any paper balls, darts, or other missile; to
move lightly across the House chamber, and demean themselves
respectfully towards every member and officer of the House.

STATIONERY.

The Secretary of State furnishes to the Sergeant-at-Arms the stationery
required by the members, the clerk and other officers.

NEWSPAPERS.

In regard to the supply of newspapers there are no regulations. The
House determines what papers, and how many, shall be furnished.

PROCESS OF PASSING BILLS.

Some diversity of practice exists herein, but the ordinary method in the
House is as follows:

A member having prepared a bill and endorsed the title thereof, together
with his name, upon the back of it, rises to his feet, at such time as
the introduction of bills is in order, and says:

“Mr. Speaker.”

If recognized, the Speaker responds:

“The gentleman from ----.”

The member announces:

“I ask leave to introduce a bill.”

The bill is then sent to the Clerk by a messenger. The Clerk then reads
the title of the bill, and places it on file for its first reading, and
when the order for the first reading of bills is reached, the Clerk
reads the first bill on file _at length_, when the Speaker announces:

“First reading of the bill.”

The second reading of bills must be on a day subsequent to their first
reading. When the Speaker calls for the second reading of bills, the
Clerk reads the first bill on file for second reading _at length_, when
the Speaker announces:

“Second reading of the bill.”

The bill is then usually referred to such standing committee, or select
committee, or to the general file for Committee of the Whole, as the
House may determine.

If the bill has been referred to a standing committee, or select
committee, it is in due course reported back to the House by the
committee, when it is placed in the general file.

Bills in the general file are usually considered in Committee of the
Whole in the exact order in which they are placed upon the file.
Proceedings in Committee of the Whole will be elsewhere considered.

After a Committee of the Whole has completed its action upon any bill,
and reported the same back to the House, and any recommendations made by
the committee passed upon, it is taken up in its order, when the Speaker
puts the following question:

“Shall this bill be engrossed, and read a third time?”

If decided affirmatively the bill is thereby referred to the engrossing
committee. Upon its return engrossed from the engrossing clerk, the
original and engrossed bills are placed in the hands of the _Committee
on Engrossed Bills_, who compare them and correct any errors which they
may find. When found correct, or made so, the committee report them to
the House as correctly engrossed, when the original is filed by the
Clerk, and the engrossed bill goes into the order of “bills ready for a
third reading.”

When, under the order of business, the bill is reached, the title of the
bill is read, and the bill itself is read _at length_, when the Speaker
says as follows:

“This bill having been read three several times, the question is: Shall
the bill pass?”

If the bill passes it is taken to the Senate, with a message announcing
its passage by the House, and asking the concurrence of the Senate
therein.

Going through with a similar process in the Senate, it is returned with
a message announcing their action upon it.

If the Senate concurs, the bill is sent to the Enrolling Clerk, who
makes a copy thereof, as is elsewhere described. When enrolled, it goes
to the _Committee on Enrolled Bills_, who compare it with the engrossed
bill. When found or made correct, they report the bill to the House as
correctly enrolled; the engrossed bill is filed by the Clerk; the
enrolled bill is then endorsed by the Clerk as having originated in the
House (for the information of the Governor, in case he vetoes it). It is
then referred to a joint committee of enrollment, who present the same
to the Speaker, who has the title of the bill read in hearing of the
House, and then signs it, after which the joint committee present the
bill to the President of the Senate, who has the title of the bill read
in hearing of the Senate, and then signs it. The committee then proceed
to the Governor and present the bill thus duly signed for his approval,
and report that fact to the House, and the hour when it was deposited in
the Governor’s hands. The Governor, if he approves the bill, informs the
House in which it originated of that fact, and that he has deposited it
with the Secretary of State.

This is the ordinary process of a bill through all its stages until it
becomes a law. A bill of great interest or importance, or one which is
warmly contested, may, by reason of majority and minority reports,
special orders, recommitment, amendments, substitutes, committees of
conference, and various other parliamentary appliances, pass through a
vast number of stages not before enumerated.

Senate bills coming into the House after passing the Senate, are read
twice by title and then read _at length_, and then referred to the
appropriate committee.

After consideration in Committee of the Whole, the recommendation of
the committee is acted upon in the House, the question being, after
recommendations are disposed of:

“Shall this bill be ordered to a third reading?”

If it is decided affirmatively, the bill passes into the order of “bills
on third reading;” and when reached in that order, the question is:

“Shall this bill be concurred in?”

If concurred in, the bill is returned to the Senate, with the message
informing it of that fact.

COMMITTEE OF THE WHOLE.

The Committee of the Whole is an expedient to simplify the business of
legislative bodies. No record is made of its proceedings, and it has no
officers except of its own creation, for temporary purposes. It is
liable to instant dissolution in case of disorder, when the Speaker
takes the chair for a Call of the House, or an adjournment, and in case
of a message from the Senate or Governor, when the Speaker takes the
chair to receive it.

The House may resolve itself into a Committee of the Whole upon some
particular bill, resolution or subject, or it may go into Committee of
the Whole upon the general file of bills.

In the first case the motion is:

“That the House do now resolve itself into a Committee of the Whole upon
[bill No. ----, A, a bill ----], or [joint resolution No. ----, A,
providing, etc.], or [upon all bills relating to ----], as the case may
be.”

In the second case it is:

“That the House do now resolve itself into a Committee of the Whole upon
the general file of bills.”

Bills, resolutions, and general matters which have been once considered
in committee of the whole, and in which progress has been made, and
leave granted for further consideration, have the preference. The motion
of the Committee of the Whole, for their further consideration, must be
made under the head of “bills in which the committee of the whole have
made progress and obtained leave to sit again;” and in which case the
member who presided when the same matter was previously considered in
committee of the whole, resumes the chair.

The motion for the committee of the whole upon the general file, must
be made under the order of “bills not yet considered in committee of the
whole.”

When the House resolves itself into committee of the whole, the Speaker
selects a chairman as follows:

“The gentleman from ----, Mr ----, will take the chair.”

The appointed chairman advances to the Speaker’s desk, and having taken
the chair, receives from the clerk the papers indicated by the motion
for the committee, when the chairman announces:

“Gentlemen,--The committee have under consideration bill No. ----,
entitled ----” (_reading the title from the back of the bill_). _Or in
case of consideration of the general file_: “The committee have under
consideration the general file of bills; the first in order is bill No.
----, A, entitled ----. The first section is as follows.”

The chairman then reads the first section, and asks:

“Are there any amendments proposed to the first section?”

If none are offered, the chairman says:

“No amendments being offered to the first section, the second section
will be read.”

This process is continued through the whole bill, when at the close of
the reading the chairman says:

“The ----th section and the whole bill have now been read, and are open
to amendment.”

At this point, after the friends of the bill have perfected it, it is
customary for the opponents of the bill to open their attack. After the
discussion of the bill to such an extent as may be desired, if no
amendments are made, the final vote is generally upon a motion--

“That the bill be reported back to the House without amendment.”

If any other bills are before the committee, they are proceeded with in
the same manner. If it is desired to have further consideration of any
matter before the committee, or if the general file has not been gone
through with, the motion is:

“That the committee rise, report progress, and ask leave to sit again.”

If the committee has completed its duties, the motion is:

“That the committee rise and report.”

Which being analagous to a motion to adjourn, is not debatable. The
chairman states the matter as follows:

“It is moved that the committee do now rise and report (_or otherwise,
as the case may be_).”

“Is the committee ready for the question?”

“Gentlemen,--Those who are of opinion that this committee do now rise
and report, say ‘Aye;’ those of a contrary opinion say ‘No.’”

In case of doubt a division must be had, as the ayes and noes cannot be
called in committee of the whole.

When the committee rises, the Speaker resumes his seat, and the
chairman, in his place on the floor, reports as follows:

“Mr. Speaker.”

The Speaker answers:

“Mr. Chairman.”

Who reports:

“The committee of the whole have had under consideration bill No. ----,
A, entitled ----, and have instructed me to report the same to the House
with amendment” (_or as the case may be_).

When the general file has been under consideration, the report is as
follows:

“The committee of the whole have had under consideration the general
file of bills, have gone through the same, and have directed me to
report to the House the bills contained therein, with sundry amendments
and recommendations as follows, to-wit:” [_Here follows the titles of
bills considered, with action taken upon them._]

In case the file has been left unfinished, the report is:

“The committee of the whole have had under consideration the general
file of bills, and have made some progress therein. I am directed to
report back the following bills, with the amendments and recommendations
hereinafter specified, and ask leave for the committee to sit again.”
[_Here follows the report of amendments, etc., as above._]

In the latter report the question is:

“Shall leave be granted?”

When, upon a count, it is ascertained that a quorum is not present, the
report is:

“The committee of the whole have had under consideration ----, and,
after some progress therein, find there is no quorum present; that fact
I herewith report to you.”

In case of confusion or disorder, the Speaker, of his own accord,
resumes the chair temporarily and without any formality, for the purpose
of suppressing it. When order is restored the chairman resumes the
chair, and the business proceeds.

Upon the coming in of a report, the recommendations are usually at once
acted on by the House.

When, in committee of the whole, any member desires to offer an
amendment, it must be reduced to writing and sent to the chairman, who
reads it, and asks:

“Is the committee ready for the question upon the amendment?”

And if no further amendment or debate offer, he puts the question in the
usual manner.

After a section is once passed, with an unsuccessful effort to amend it,
no further amendments are in order. The strictness of this rule is,
however, not always adhered to; an amendment once made may, however, be
reconsidered. Such a motion is:

“That the amendment offered by the gentleman from ----, to the ----th
section, be reconsidered.”

And is stated as follows:

“The gentleman from ---- moves that the amendment of the gentleman from
---- to the ----th section be reconsidered.”

“Is the committee ready for the question?”

“Those who are of the opinion that said amendment be reconsidered say
‘Aye;’ those of the contrary opinion say ‘No.’”

In case the amendment is reconsidered, the Speaker says:

“The motion is carried. The amendment is reconsidered. The question now
recurs upon the adoption of the amendment. Is the committee ready for
the question?” etc.

FORMS.

Of Titles:

No. ----, a bill to ----.

_Amending Bill_:

A bill relating to ----, and amendatory of section ----, of chapter
----, of the ----.

_Repealing Bill_:

A bill to repeal section ----, of chapter ----, of the ----, relating to
---- (filling the blanks with the proper section and chapter of the
revised statutes or general laws, designating the same, and also the
subject, object or purpose of the section of the chapter repealed; and
in the body of every bill, the full title of the act repealed shall be
recited at length).

_Appropriation Bill_:

“To appropriate to ---- the sum of ---- dollars.”

Titles should be written inside the bill, and endorsed upon the outside
as follows:

No. ----, A.
_A Bill to change the name of
Andrew Jackson to James Madison._

MR. GORDEN.

Resolutions should not be entitled, but should have the name of the
mover endorsed upon them. The same rule applies to amendments.

Resolutions are of no special form; the following may serve as a general
guide in such matters:

Res. No. ----, A.

“_Resolved_,--That three thousand copies of the Governor’s message be
furnished by the printer to the Sergeant-at-Arms, for the use of the
House.

“MR. TUCKER.”

For reports the following form is used:

“The committee on ----, to which was referred bill No. ----, A., a bill
to ----, _respectfully report the same back to the House with an
amendment, and recommend its passage when amended_;” or, “_and recommend
that it do pass_;” or, “_and recommend that it be indefinitely
postponed_;” or, “_and recommend that it be referred to the delegation
from ----_;” or, “_to a select committee_.”

Or, if the committee report by bill:

“The committee on ----, to which was referred ----, respectfully report
“by bill No. ----, A., a bill to ----;

“And recommend its passage.”

An enacting clause must precede the body of the bill.

It must _invariably_ be in the following form:

_Be it enacted by the General Assembly of the State of Colorado: Const.,
Art. 5, Sec. 18._

INVESTIGATIONS.

When an investigation is required into any matter, the person most
interested in having the inquiry made, should move the appointment of a
committee to take the subject in charge. This is done by resolution. The
resolution should be so drawn as to state the precise subject to be
investigated, and to give the committee all the power which the mover
may deem necessary to a thorough examination into the subject matter to
be laid before them; this should be done to prevent any misapprehension
as to the intention and extent of the inquiry to be made. In case of the
adoption of the resolution, the mover, together with other members, will
be appointed a committee. They have power to send for persons and
papers. The form of a subpœna is as follows:

“THE STATE OF COLORADO, }

“To ---- ----: You are hereby commanded, that, laying aside all business
and excuse, you personally appear and attend before Messrs. ---- ----,
on the part of the Senate, and Messrs. ---- ----, on the part of the
House, a _joint_ committee appointed under a resolution of the Senate
and House, to investigate at the room of said committee ----, in the
city of Denver, the capital of the State, on the ---- day of -----, A.
D. one thousand eight hundred and ----, at the hour of ---- in the ----
noon, then and there, and from time to time, as required by said
committee, to testify and give evidence upon the matters of inquiry
before said committee.

“Hereof fail not, under penalty in such case made and provided.

“Given at the House chamber, in the city of Denver aforesaid, this ----
day of ----, A. D. 18----.

“---- ----, _Speaker of the House_.

“Attest: ---- ----, _Chief Clerk of the House_.”

In case of a refusal to appear, or a refusal to testify, the following
form of certificate has been used:

“To Hon. ---- ----, _Speaker of the House_:

“I, ---- ----, chairman of the _joint_ committee appointed to
investigate ----, do hereby certify that ---- has been duly subpœnaed to
appear before said committee, as will fully appear by the writ served,
and affidavit of service accompanying the same, on file with the chief
clerk of the House.

“I further certify that said ---- ---- has failed to appear before said
committee, according to the exigency or mandate of said writ or subpœna.

“Dated Denver, ----, 18----, at ---- o’clock.

---- ----.”

Upon which a warrant, in the following form, may be used:

“_The State of Colorado to the Sergeant-at-Arms of the House_:

“It appearing that a writ of subpœna, directed to ---- ----, commanding
him to personally appear and attend before Messrs. ---- ----, on the
part of the Senate, and Messrs. ---- ----, on the part of the House, a
_joint_ committee appointed under a resolution of the Senate and House,
to investigate ---- ----, at the room of said committee, in the city of
Denver, the capital of the State, the ---- day of ----, A. D. 18----, at
the hour of ---- in the ---- noon, then and there, and from time to
time, as required by said committee, to testify and give evidence upon
the matter of inquiry before said committee, has been issued, and that
the said writ of subpœna was duly and personally served upon the said
---- ----, on the day of ----, A. D. 18----, and returned; and it
further appearing by the certificate of the chairman of the said joint
committee, that the said ---- ---- has failed or neglected to appear
before the said committee in obedience to the mandate of the said
subpœna: _therefore_, you are hereby commanded, the name of the State of
Colorado, to take the body of him, the said ---- ----, and bring him
before the House, so that he may testify and give evidence before the
said committee, and answer for his contempt of the House in not obeying
the mandate of said subpœna. Hereof fail not.

“Given at the House chamber, in the city of Denver aforesaid, this ----
day of ----, A. D. 18----.

“---- ----, _Speaker of the House_.

“---- ----, _Chief Clerk of House_.”

To which the return, in ordinary cases, would be:

“By virtue of the within process, I did, on the ---- day of ----, 18--,
arrest the body of ---- ----, and took him before the committee within
named, and the said ---- ---- having refused to answer interrogatories
propounded by said committee, I have him, by direction of said
committee, now before the House.

“House Chamber, ----, 18--.

“---- ----, _Sergeant-at-Arms of the House_.”

A resolution, declaring the defaulter to be in contempt, is the next
proceeding.

The following is a form for such resolution:

“_Resolved_, That the neglect or failure of ---- ---- to appear before
the joint investigating committee, composed of Messrs. ---- ----, of the
Senate, and Messrs. ---- ----, of the House, in compliance with the
mandate of the writ of subpœna of this House, served upon him on the
---- instant, as fully appears by the said writ and affidavit of the
service thereof endorsed thereon, now on file with the Chief Clerk of
this House, be and the said neglect and failure is hereby declared a
contempt of this House.”

This is followed by an interrogatory, as follows:

“Int. 1.--Why did you not appear before the _joint_ investigating
committee, as required by the mandate of the subpœna served upon you the
---- instant?”

To which the defaulter pleads before judgment is inflicted.

Another form is as follows:

“_Resolved_, That the refusal of ---- ---- to answer the questions put
to him by a member of the _joint_ investigating committee, on the ----
instant, and which questions were certified to the House by ---- ----,
chairman of said committee; and are now in writing, on file with the
Chief Clerk of the House, be, and the same is hereby declared a contempt
of this House.”

Followed by the corresponding interrogatory:

“Why did you not answer the question put or propounded to you on the
---- instant, by a member of the _joint_ investigating committee, of
which ---- ---- is chairman?”

In case the answer is satisfactory, the offender is discharged; if
otherwise, he is punished by reprimand, fine or imprisonment, or both;
but such imprisonment cannot extend beyond the session of the
Legislature.

The report of a Committee on Investigation should consist of three
parts:

1. The testimony taken.

2. A statement of the facts proven thereby, or conclusions derived
therefrom.

3. Resolutions, or a bill providing for the action which the committee
deem proper to be taken in the premises.

QUORUMS.

Whole number electable:

“Not less than 25 nor more than 49.”

To expel a member:

“Two-thirds.”

To do any business except to adjourn from day to day, and compel the
attendance of absent members:

“A majority.”

To cause the ayes and nays on any question to be entered upon the
journal:

“Two members.”

To pass any bill which imposes, continues or renews a tax, or creates a
debt or charge, or makes, continues or renews any appropriation of
public trust, money or release, discharges or commutes a claim or demand
from the State:

“A majority of all.”

To adjourn from day to day:

“A smaller number than a majority.”

To agree to an amendment of the Constitution:

“A majority of all the members.”

To recommend a constitutional convention:

“Two-thirds of all.”

To contract a public debt:

“A majority of all members elect.”

To pass any resolution or motion:

“A majority of all present.”

To pass any bill:

“A majority of all the members elect.”

To make a Call of the House:

“Two members.”

To order the previous question:

“A majority present.”

To suspend the rules:

“Two-thirds of the members present.”

To change the order of business:

“Two-thirds of the members present.”

To bring in a bill which has been rejected by the Senate:

“Two-thirds of the House.”

To agree to an amendment made by the Senate to a House bill bill with an
emergency clause:

“Two-thirds of all members elect.”

RULES AND ORDERS OF THE SENATE.

1. The hours of meeting shall be 10 A. M. and 2 P. M., unless otherwise
ordered.

2. 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, which shall be made in the entries. A quorum shall
consist of a majority of the members of the Senate.

3. No member shall speak to another, or otherwise interrupt the business
of the Senate, or read any newspaper, while the journal or public papers
are being read, or when any member is speaking in debate. No smoking
shall be allowed during the sitting of the Senate.

4. Every member, previous to speaking, shall rise from his chair, and
respectfully address the President, and shall confine himself to the
question under debate, and avoid personality.

5. No member shall speak more than twice on any one debate on the same
day, without leave of the Senate.

6. When two members rise at the same time, the President shall name the
person to speak; but in all cases the member who shall first rise and
address the chair shall speak first.

7. When a member shall be called to order by the President or a Senator,
he shall sit down; and every question of order shall be decided by the
President, without debate, subject to an appeal to the Senate; and the
President may call for the sense of the Senate on any question of order.

8. If the member be called to order by a Senator for words spoken, the
exceptional words shall immediately be taken down in writing by the
Secretary, that the President may be better enabled to judge of the
matter.

9. No member shall absent himself from the service of the Senate without
leave of the Senate, and in case a less number than a quorum of the
Senate shall convene, they, or a majority of them, may send the
Sergeant-at-Arms, or other suitable person or persons, for any or all
absent members, 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.

10. No motion shall be debated until the same shall be seconded.

11. When a motion shall be made and seconded, it shall be reduced to
writing, if desired by the President or any member, delivered at the
table of the Secretary, and read before the same shall be debated.

12. When a question is under debate no motion shall be received, except
as otherwise provided in these rules, but to adjourn, to lie on the
table, to postpone indefinitely, to postpone to a day certain, to
commit, or amend, which several motions shall have precedence in the
order they stand arranged. Any motion may be withdrawn by the mover at
any time before a discussion, amendment, or ordering of the yeas and
nays, except a motion to reconsider, which shall not be withdrawn
without leave of the Senate. A motion to adjourn shall always be in
order. That, and the motion to lay on the table, shall be decided
without debate.

13. The previous question shall be in this form: “Shall the main
question be now put?” It shall only be entertained when demanded by a
majority of the members present, and its effects shall be to put an end
to all debate, and bring the Senate to a direct vote upon amendments
reported by a committee, if any, upon pending amendments, and then upon
the main question. On a motion for the previous question, and prior to
the seconding of the same, a call of the Senate shall be in order, but
after a majority shall have seconded such motion, no call shall be in
order prior to a decision of the main question.

14. When the previous question is decided in the negative, it shall
leave the main question under debate for the residue of the sitting,
unless disposed of by taking the question, or in some other manner.

15. Any five members may make a call of the Senate and require absent
members to be sent for, but a call of the Senate cannot be made after
the voting has commenced, and the call of the Senate being in order, and
the absentees noted, the doors shall be closed and no member permitted
to leave the room until the report of the Sergeant-at-Arms be received
and acted upon, or further proceedings in the call be suspended by a
vote of two-thirds of the Senate.

16. The President shall rise to put a question, but may state it
sitting.

17. No motion or proposition on a subject different from that under
consideration shall be admitted under color of amendment.

18. If a question in debate contains several points, any member may have
the same divided, but on motion to strike out and insert, it shall not
be in order to move for a division of the question, but the rejection of
a motion to strike out and insert one proposition shall not prevent a
motion to strike out and insert a different proposition, nor prevent a
subsequent motion simply to strike out, nor shall the rejection of a
motion simply to strike out, prevent a subsequent motion to strike out
and insert.

19. All so called substitute motions and resolutions shall be considered
as amendments only, and shall be subject to the rules relating thereto,
except such matters as may be reported by committees.

20. In filling up blanks the largest sum and longest time shall be first
put.

21. When the reading of a paper is called for, and the same is objected
to by any member, it shall be determined by a vote of the Senate, and
without debate.

22. When the ayes and nays shall be called for by two of the members
present, each member called upon shall declare openly, and without
debate, his assent or dissent to the question, unless by special reason
he be excused by the Senate.

23. When the ayes and nays shall be taken on any question in pursuance
of the above rule, no member shall be permitted, under any circumstances
whatever, to vote after the decision is announced from the chair.

24. On a motion made and seconded to shut the doors of the Senate, on
the discussion of any business which may in the opinion of the Senate
require secrecy, the presiding officer shall direct the lobby to be
cleared, and during the discussion of such motion the doors shall remain
shut.

25. No motion shall be deemed in order to admit any person or persons
whatsoever, other than a Senator, within the Senate chamber, to present
any petition, memorial or address.

26. When a question has been carried or negatived, it shall be in order
for any member of the majority to move for the reconsideration thereof.
But no motion for the reconsideration of any vote shall be in order
after a bill, resolution, message, report, amendment, or motion, upon
which the vote was taken, shall have gone out of the possession of the
Senate, announcing their decision; nor shall any motion to reconsider be
in order unless made on the same day on which the vote was taken, or
within the next two days of actual session of the Senate thereafter.

27. The President of the Senate, or President _pro tempore_, shall have
the right to name a member to perform the duties of the Chair; but such
substitution shall be for that day only.

28. Every petition or memorial, or other paper, shall be referred, of
course, without putting a question for that purpose, unless the
reference be objected to at the time the same is presented; and before
any petition or other paper shall be received or read, a brief statement
of the contents of the same shall be verbally made by the introducer.

29. The following shall be the order of business for the day:

1. Calling the roll.
2. Prayer by the Chaplain.
3. Reading the journal.
4. Petitions and memorials.
5. Reports from standing committees.
6. Reports of special or select committees.
7. Resolutions.
8. Amendments proposed by the House to Senate bills.
9. Introduction of bills.
10. Bills on first reading.
11. Bills on second reading.
12. Bills on third reading, and final passage.
13. Special order of the day.
14. Unfinished business.

30. All bills introduced in the Senate shall, after the second reading
be printed for the use of the members, but no other paper or document
shall be printed without special order.

31. Every bill shall receive three readings at length previous to its
being passed, and the President shall give notice at each, whether it be
the first, second or third, which readings shall be on three different
days. All resolutions to which the signature of the Governor may be
requisite, shall be treated, in all respects, in the introduction and
form of proceedings on them in the Senate, in a similar manner with
bills, and all other resolutions shall lie on the table one day before
being taken up for consideration, and also all reports of committees.

32. No bill shall be committed or amended until it shall have been twice
read, after which it shall be referred to a committee.

33. All bills after second reading shall be printed and considered by
the Senate in the committee of the whole before they shall be taken up
and proceeded on by the Senate, agreeably to the standing rules, unless
otherwise ordered. When the Senate shall consider a bill or resolution
as a committee of the whole, the President or President _pro tempore_
shall call a member to fill the chair during the time the Senate shall
remain in committee of the whole.

34. The final question, upon the second reading of every bill,
resolution or motion, originating in the Senate and requiring three
readings previous to being passed, shall be, “whether it shall be
engrossed and read a third time?” And no amendments shall be received
for discussion at a third reading, of any bill, resolution or motion,
unless by unanimous consent of the members present, but it shall at all
times be in order, upon the final passage of any bill, resolution or
motion, to move its commitment, and shall such commitment take place,
and any amendment be reported by the committee, said bill, resolution or
motion, shall again be read the second time and considered in committee
of the whole, and then the aforesaid question shall be again put.

35. The title of bills shall be inserted on the journals.

36. When motions are made for reference of the same subject to a select
committee and to a standing committee, the question on reference to the
standing committee shall first be put.

37. When motions are made for reference of the same subject to a select
committee and to a standing committee, the question on reference to the
standing committee shall first be put.

37. When nominations shall be made in writing by the Governor to the
Senate, a future day shall be assigned, unless the Senate otherwise
direct, for taking them into consideration.

38. All confidential communications made by the Governor shall be kept
secret. When acting on confidential or executive business, the Senate
room shall be closed to all persons except the Secretaries and
Sergeant-at-Arms. All information or remarks touching the character or
qualifications of any person nominated by the Governor to office, shall
be kept secret. The legislative proceedings, the executive proceedings,
and the confidential legislative proceedings of the Senate, shall be
kept in separate and distinct books.

39. The proceedings of the Senate, when not acting in committee of the
whole, shall be entered on the journal as concisely as possible, care
being taken to detail a true and accurate account of the proceedings and
every vote of the Senate shall be entered on the journal, and a brief
statement of the contents of each petition, memorial or paper presented
to the Senate, shall be inserted on the journal.

40. Messages shall be sent to the House by the Secretary or Assistant
Secretary; the Secretary having previously endorsed the final
determination of the Senate thereon.

41. The Sergeant-at-Arms shall not permit any person not a member or
officer of the Senate to pass inside the railing, in the rear of the
seats of the members, at any time during the session of the Senate,
except the Judges of the Supreme and District Courts, the Governor and
other State officers, and duly accredited representatives of the press,
and the members of the Legislature of the State of Colorado, and such
other persons as may be invited by the members.

42. Messengers may be introduced in any stage of business, except when a
question is being put, whilst the ayes and nays are being called, or
while the ballots are being counted.

43. The rules of the Senate shall be observed in the committee of the
whole so far as they may be applicable, except that a member may speak
oftener than twice on the same subject, and the ayes and nays shall not
be taken nor the previous question enforced.

44. A motion that the committee rise shall always be in order, and shall
be decided without debate.

45. All committees shall be appointed by the presiding officer, unless
otherwise directed by the Senate.

46. Any official or member of the Senate convicted of disclosing any
matter directed by the Senate to be held in confidence, shall be liable,
if an officer, to dismissal from the service of the Senate, and in case
of a member, to suffer expulsion from the body.

47. The committee on engrossment shall examine all bills and resolutions
after they are engrossed and before action is taken thereon, and report
the same to the Senate when correctly engrossed.

48. The committee on enrollment shall examine all bills referred to
them, and report the same to the Senate correctly enrolled. Said
committee may report at any time.

49. There shall be a standing committee to consist of five members (of
which the President _pro tempore_ shall be _ex-officio_ a member), on
rules.

50. No rule of the Senate shall be altered, suspended or rescinded,
without the vote of two-thirds of the members elected.

51. The rules of parliamentary practice comprised in Cushing’s
Parliamentary Law Practice of Legislative Assemblies, shall govern the
Senate in all cases in which they are applicable, and in which they are
not inconsistent with the standing rules and orders of the Senate, and
the joint rules of the Senate and House of Representatives.

The following standing committees shall be elected by the Senate:

1. Judiciary.
2. Finance, Ways and Means.
3. Mines and Mining.
4. Education, School and University Lands.
5. Incorporations and Railroads.
6. Public Lands.
7. Agriculture and Manufactures.
8. Stock.
9. Fees and Salaries.
10. Irrigation.
11. Immigration.
12. Elections.
13. State Institutions and Public Buildings.
14. Counties and County Lines.
15. Roads and Bridges.
16. Military Affairs.
17. Indian Affairs.
18. Penitentiary.
19. Federal Relations.
20. Printing.
21. Engrossment.
22. Enrollment.
23. Rules.

RULES AND ORDERS OF THE HOUSE.

MEETINGS, QUORUM, ETC.

1. The hour for the daily meeting of the House shall be 10 o’clock in
the morning, unless some other be designated by the House at the time of
its adjournment.

2. A majority of the House shall constitute a quorum, but a smaller
number may adjourn from day to day and compel the attendance of absent
members, and may inflict such censure or pecuniary penalty as they may
deem just, on those who being called for that purpose shall render no
sufficient excuse for their absence.

3. No member shall be excused from attendance for more than one day
without the consent of two-thirds of all the members present.

4. Upon the appearance of a quorum, the journal of the preceding day
shall be read by the Clerk, and any mistake therein may be corrected by
the House.

SPEAKER.

5. The Speaker shall take the chair at the time to which the House
stands adjourned, and the House shall then be called to order, and the
roll of the members called.

6. The Speaker shall vote on all questions taken by yeas and nays, and
on all elections, or divisions called for by any member.

7. The Speaker shall preserve order and decorum; and shall decide
questions of order, subject to an appeal to the House.

8. The Speaker may leave the chair, and appoint a member to preside, but
not for a longer time than one day, except by leave of the House.

9. The Speaker shall cause the Clerk to make a list of all bills,
resolutions, reports of committees, and other proceedings of the House,
which are committed to a committee of the whole House, and which are not
made the order of the day for any particular day, and to number the
same, which list shall be called, “The General Orders of the Day;” and
they shall be taken up in the order in which they are numbered, unless
otherwise ordered by a majority of the House; and the Clerk shall also
keep a book, showing the situation and progress of all bills.

ORDER OF THE DAY.

10. On the meeting of the House the order of the day shall be as
follows:

1. Prayer by the Chaplain, if present.
2. Call of the roll.
3. Reading of the journal of the previous day.
4. Presentation of petitions.
5. Reports of standing committees.
6. Reports of select committees.
7. Message from the Governor.
8. Amendments proposed by the Senate to bills from the House of
Representatives.
9. Motions, resolutions and notices.
10. Introduction and first reading of bills.
11. Second reading of bills and resolutions from the Senate.
12. Second reading of House bills and resolutions.
13. Consideration of bills reported upon by committees.
14. Third reading of Senate bills and resolutions.
15. Third reading of the House bills and resolutions.
16. Unfinished business of the preceding day.
17. Special orders of the day.
18. General orders of the day.

Any other business not prohibited by the rules of the House.

DECORUM AND ORDER OF DEBATE.

11. Every member, previous to speaking, shall rise from his chair, and
respectfully address himself to the Speaker, and shall confine himself
to the question under debate, and avoid personality.

12. When two or more members address the Chair at the same time, the
Speaker shall recognize the one who first rose.

13. A member called to order shall immediately sit down, unless
permitted to explain, and the Chair shall decide the question of order,
without debate, subject to an appeal to the House.

14. When the Speaker is putting the question, no member shall walk out
of or across the House, nor when a member is speaking, shall any person
entertain any private discourse, or pass between him and the Chair; and
no smoking shall be allowed in the House.

15. No member shall speak more than twice, nor more than thirty minutes
at one time on the same question, without leave of the House, nor more
than once until every member who chooses to speak shall have spoken,
except chairmen of committees, upon matters reported by them.

16. No motion shall be debated, or put, unless the same be seconded; it
shall be stated by the Speaker before the debate, and any such motion
shall be reduced to writing, if the Speaker or any member desire it.

17. After a motion shall be stated by the Speaker, it shall be deemed to
be in possession of the House; all motions, resolutions, or amendments,
shall be entered on the journal, whether rejected or adopted.

18. If the question in debate contain several points, any member may
have the same divided.

19. Every member who shall be present before the vote is declared from
the Chair, and no other, shall vote for or against the same, unless the
House shall excuse him; _provided_, that if any member have a personal
or private interest in any measure or bill proposed or pending, he shall
declare the fact to the House, and shall not vote thereon.

20. Any two members may make a call of the House, and require absent
members to be sent for, but a call of the House cannot be made after the
voting has commenced; and the call of the House being ordered, and the
absentees noted, the doors shall be closed, and no member permitted to
leave the room until the report of the sergeant-at-arms be received and
acted upon, or further proceedings in the call be suspended by a vote of
two-thirds of the House.

21. When a question is under debate, no motion shall be received but to
adjourn, to lay on the table, for the previous question, to postpone
indefinitely, to postpone to a certain day, to commit or to amend, which
several motions shall have precedence in the order in which they stand
arranged.

22. A motion to adjourn shall always be in order, except when a member
is addressing the Chair, or a vote is being taken; _provided_, the
motion being once moved and decided in the negative shall be considered
settled until some other motion or business shall come before the House.
The motion to adjourn and to lay on the table, shall be decided without
debate.

23. When the House adjourns the members shall keep their seats until the
Speaker announces the adjournment.

24. The orders for a particular day shall hold for every succeeding day
until disposed of.

25. All questions, whether in committee or in the House, shall be put in
the order they are moved, except in case of privileged questions; and in
filling up blanks the largest sum and the longest time shall be first
put.

26. The ayes and noes shall be ordered when demanded by any member, and
all votes taken by ayes and noes shall be entered on the journal.

27. Petitions, memorials, and other papers addressed to the House shall
be presented by the Speaker or by a member in his place.

BILLS AND RESOLUTIONS.

28. Every bill shall be introduced by motion for leave or on a report of
a committee.

29. Every bill and resolution shall have prefixed thereto the name of
the person introducing it; and when ordered by a committee the name of
said committee shall be endorsed thereon.

30. Every bill shall be read at length, on three different days, in the
House; all substantial amendments made thereto shall be printed for the
use of the members, before the final vote is taken on the bill; and no
bill shall pass except by vote of a majority of all members elected to
the House, nor unless on its final passage the vote be taken by ayes and
nays, and the names of those voting be entered on the journal.--_Const._

31. No bill shall be committed or amended unless it has been read twice.
No joint resolution shall be declared passed unless voted for by a
majority of all members elected to the House.

32. No bill shall be considered or become a law unless referred to a
committee, returned therefrom, and printed for the use of the
members.--_Const._

33. No bill, except general appropriation bills, shall be passed
containing more than one subject, which shall be clearly expressed in
its title.--_Const._

34. All bills shall be printed immediately after the first reading
thereof, unless otherwise ordered by the House.

35. All bills after having been read a second time shall be placed on
the file for consideration of the committee of the whole, unless
specially ordered by the House.

36. The same bill shall not appropriate the public money or property to
more than one local or private purpose; and bills appropriating moneys
for the payment of officers of the Government shall be confined to that
purpose exclusively.

37. In all cases where a bill, order, resolution, or motion shall be
entered on the journal of the House, the name of the member moving the
same shall be entered on the journal.

38. A similar mode of proceeding shall be observed with bills which have
originated in the Senate, as with bills originating in the House.

39. All memorials, and joint resolutions, upon their introduction shall
be read by title, and laid upon the table until printed, unless by a
suspension of this rule the House decide otherwise.

40. Every order or resolution to which the concurrence of the Senate
shall be necessary, unless otherwise ordered by a majority of the House,
shall be read to the House and laid upon the table on a day preceding
action thereon.

COMMITTEE OF THE WHOLE.

41. When the House has arrived at the general orders of the day, it
shall go into committee of the whole upon such orders, or a particular
order designated by a vote of the House; and no business shall be in
order until the whole are considered and passed, or the committee rise;
and unless a particular bill is ordered up, the committee of the whole
shall consider, act upon, or pass, the general orders according to the
order of their reference.

42. In forming a committee of the whole House the Speaker shall appoint
a chairman to preside.

43. Bills committed to a committee of the whole House shall be read and
considered by clauses, leaving the preamble to be last considered. All
amendments shall be entered on a separate piece of paper, and so
reported to the House by the chairman, standing in his place.

44. The rules of the House shall be observed in committee of the whole
House, as far as may be applicable, except that the ayes and nays shall
not be called, nor the previous question enforced.

45. A motion that the committee rise shall always be in order, and shall
always be decided without debate.

RECONSIDERATION.

46. No motion for reconsideration shall be in order, unless on the same
day or the day following that on which the decision proposed to be
considered took place, nor unless one of the majority shall move such
reconsideration. A motion for reconsideration being put and lost (except
in case of privileged motions), shall not be renewed on the same day,
nor shall any subject be a second time reconsidered on the same day
without unanimous consent.

47. When notice of the intention to move the reconsideration of any bill
or joint resolution shall be given by a member, the Clerk shall retain
the said bill or joint resolution, until after the time during which the
said motion can be made, unless the same shall have previously been
disposed of.

48. A member who votes on that side of a question which prevailed, and
which required two-thirds of the members present to carry the
affirmative, may be at liberty to move for a reconsideration, and a
motion for reconsideration shall be decided by a majority of votes.

PREVIOUS QUESTION.

49. The previous question shall be in this form: Shall the main question
be now put? It shall only be entertained when demanded by a majority of
the members present, and its effect shall be to put an end to all
debate, and bring the House to a direct vote upon amendments reported by
a committee, if any, upon pending amendments, and then upon the main
question. On a motion for the previous question, and prior to the
seconding of the same, a call of the House shall be in order; but after
a majority shall have seconded such motion, no call shall be in order
prior to a decision of the main question.

50. When the previous question is decided in the negative, it shall
leave the main question under debate.

51. All incidental questions of order arising after a motion is made for
the previous question, during the pending of such motion or after the
House shall have determined that the main question shall be now put,
shall be decided, whether on appeal or otherwise, without debate.

ADMISSIONS TO THE FLOOR.

52. No person shall be admitted within the bar of the House but the
Executive, ex-Governors, members of the Senate, the heads of Departments
of the State Government, Judges of the Supreme Court, ex-members of the
Legislature, representatives of the press, ladies, and such other
persons as the House may from time to time direct, provided, however,
that any member may invite a single visitor to a seat on the floor of
the House.

COMMITTEES.

53. The following standing committees, to consist of five members each,
shall be appointed at the commencement of the session, unless otherwise
ordered:

1. Finance, Ways and Means.
2. Judiciary.
3. Education.
4. Mines and Mining.
5. Agriculture.
6. Irrigation.
7. Stock.
8. Elections and Apportionment.
9. Manufactures.
10. Immigration.
11. Corporations.
12. Public Lands.
13. Fees and Salaries.
14. State Institutions.
15. Counties and County Lines.
16. Indian Affairs.
17. Military Affairs.
18. Roads and Bridges.
19. Public Buildings.
20. Federal Relations.
21. Claims.
22. Printing.
23. Appropriations and Expenditures.

And the following standing committees to consist of three members each:

A Committee of Engrossment.
A Committee of Enrollment.

54. The committee on engrossment shall examine all bills after they are
engrossed and before their third reading, and report the same to the
House as correctly engrossed. The committee on enrollment shall examine
all bills, and report them to the House as correctly enrolled. Said
committee may report at any time.

55. Select committees to whom reference shall be made shall in all
cases report a state of facts, and their opinion thereon to the House.

RULES.

56. The rules of parliamentary practice embraced in Cushing’s Manual
shall govern the House in all cases to which they are applicable, and in
which they are not inconsistent with the standing rules and orders of
the House, and joint rules of the Senate and House of Representatives.

57. No rule of the House shall be suspended, altered, or amended,
without the concurrence of two-thirds of the members elected to the
House.

JOINT RULES OF THE SENATE AND HOUSE.

1. When a message shall be sent from the Senate to the House of
Representatives, it shall be announced at the door of the House by the
Sergeant-at-Arms, and shall be respectfully communicated to the Chair by
the person by whom it was sent.

2. The same ceremony shall be observed when a message shall be sent from
the House of Representatives to the Senate.

3. Messages shall be transmitted from one House to the other while both
Houses are in session.

4. Neither House 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.

5. After a bill shall have passed both Houses, it shall be duly enrolled
by the Enrolling Clerk of the House of Representatives, or of the
Senate, as the bill may have originated in the one or the other House,
before it shall be presented to the Governor of the State for his
approval.

6. When the bills are enrolled they shall be examined by a joint
committee of two from the Senate and two from the House of
Representatives, appointed as a standing committee for that purpose, who
shall carefully compare the enrollment with the engrossed bills, as
passed in the two Houses, and correcting any error that may be
discovered in the enrolled bills, make their report forthwith to their
respective Houses.

7. After examination and report each bill shall be signed in their
respective Houses, first by the Speaker of the House of Representatives,
then by the President of the Senate.

SENATE RULES.

8. After a bill shall have been thus signed in each House, it shall be
presented by the said committee to the Governor for his approbation (it
being first endorsed on the back of the roll, certifying in which House
the same originated, which endorsement shall be signed by the Chief
Clerk of the House in which the same did originate), and shall be
entered on the journal of each House. The said committee shall report
the day of presentation to the Governor, which time shall be carefully
entered on the journal of each House.

9. No amendment to any bill by one House shall be concurred in by the
other, nor shall the report of any committee of conference be accepted
in either House, except by a vote of a majority of the members elected
thereto, taken by ayes and noes, and the names of those voting be
entered on the journal.

10. All orders, resolutions and votes, which are to be presented to the
Governor of the State for his approbation, shall also, in the same
manner be enrolled, examined and assigned, and shall be presented in the
same manner and by the same committee, as provided in the case of bills.

11. Each House shall transmit to the other when requested, all the
papers on which any bill or resolution shall be founded.

12. The presiding officer of the Senate shall preside at all conventions
of the Houses.

13. Any three members may move a call of the convention.

14. When a bill or resolution shall have passed one House and shall be
rejected by the other, notice thereof shall immediately be given to the
House in which the same may have originated.

15. Bills appropriating moneys for the payment of officers of the
Government shall be confined to that purpose exclusively, and no law
shall embrace more than one subject, which shall be expressed in its
title.

16. No joint rule of the Senate and House of Representatives shall be
suspended, altered or amended without the concurrence of two-thirds of
the members elected to each House.

CHRONOLOGICAL TABLE

OF THE PRINCIPAL POLITICAL AND OTHER EVENTS IN AMERICAN HISTORY, FROM
THE DISCOVERY IN 1492 TO THE PRESENT TIME.

1492, August 3, Columbus sailed from Palos, Spain.

1492, October 12, Columbus discovered Guanahani.

1492, November 7, Columbus discovered Cuba.

1492, December 6, Hayti, or Hispaniola discovered.

1493, January 16, Columbus returned to Spain.

1493, September 25, Columbus sails from Cadiz on his second voyage.

1493, December 8, Columbus lays the foundation of Isabella in
Hispaniola, the first European town in the New World.

1494, May 5, Jamaica discovered.

1496, March 10, Columbus sails again for Spain.

1497, June 24, North America discovered by the Cabots.

1498, May 30, Columbus sails from Spain on his third voyage.

1498, July 31, Trinidad discovered.

1498, August 1, South America discovered by Columbus.

1499, June 16, South America discovered by Americus Vespucius.

1500, Amazon river discovered by Pinzon.

1500, April 23, Brazil discovered by Cabval.

1502, May 11, Columbus sails on his last voyage.

1502, August 14, Bay of Honduras discovered by Columbus.

1504, September 2, Columbus returns to Spain.

1506, May 20, Columbus dies in his 59th year.

1508, St. Lawrence river first navigated by Aubert.

1512, April 2, Florida discovered by Juan Ponce de Leon.

1512, Baracoa, the first town in Cuba, built by Diego Velasquez.

1513, September 25, Pacific Ocean discovered by Vasco Nunez De Balboa.

1516, Rio de la Plata discovered by Juan Diaz de Solis.

1517, Patent granted by Charles V. for an annual import of 4,000 negro
slaves to Hispaniola, Cuba, Jamaica and Puerto Rico.

1517, Yucatan discovered by Francis Hernandez Cordova.

1519, March 13, Cortes lands at Tabasco, in Mexico.

1519, April 22, Cortes arrives at San Juan de Ulloa.

1519, Vera Cruz settled by Cortes.

1519, November 8, Cortes enters Mexico.

1520, Montezuma dies.

1520, November 7, Straits of Magellan discovered by Ferdinand Magellan.

1521, August 13, Mexico taken by Cortes.

1522, Bermudas discovered by Juan Bermudez.

1525, First invasion of Peru by Pizarro and Almagro.

1528, Pizarro appointed governor of Peru.

1531, Second invasion of Peru by Pizarro.

1532, First colony founded in Peru by Pizarro.

1535, Chili invaded by Almagro.

1537, California discovered by Cortes.

1539, May 18, Ferdinand de Soto sails from Havana on an expedition for
the conquest of Florida.

1541, August 6, Orellana explores the Amazon, and arrives at the ocean.

1545, Mines of Potosi, in South America, discovered.

1548, Platina discovered in the south of Mexico.

1563, Slaves first imported into the West Indies by the English.

1576, Elizabeth’s and Frobisher’s Straits discovered by Martin
Frobisher.

1585, June 26, Virginia visited by Sir Walter Raleigh.

1586, Tobacco introduced into England by Mr. Lane.

1587, August 13, First Indian baptized in Virginia.

1602, May 15, Cape Cod named by Bartholomew Gosnold.

1602, May 21, Martha’s Vineyard discovered by Gosnold.

1607, May 13, Jamestown, Virginia, founded.

1608, July 3, Quebec founded.

1609, Hudson river discovered by Henry Hudson.

1611, Lake Champlain discovered by Champlain.

1616, Baffin’s Bay discovered by Baffin.

1617, Pocahontas dies in England.

1619, June 19, First General Assembly in Virginia.

1619, May 20, Long Island Sound first navigated by Dermer.

1620, August 5, Puritans sail from Southampton, England, for America.

1620, November 10, Puritans anchored at Cape Cod.

1620, November, first white child born in New England.

1620, December 11, first landing at Plymouth.

1620, December 25, first house built at Plymouth.

1620, Slaves first introduced into Virginia by the Dutch.

1621, May 12, first marriage at Plymouth.

1630, Boston settled.

1630, October 19, first general court of Massachusetts Colony holden at
Boston.

1631, Delaware settled by the Swedes.

1632, First church built at Boston.

1633, First house erected in Connecticut, at Windsor.

1634, Maryland settled.

1634, Roger Williams banished from Massachusetts.

1636, Hartford, Conn., settled.

1636, Providence founded by Roger Williams.

1637, First synod convened at Newton (now Cambridge), Mass.

1638, New Haven founded.

1638, Harvard College founded.

1638, June 1, earthquake in New England.

1639, January 14, convention at Hartford, Conn., for forming a
Constitution.

1639, April, first general election at Hartford.

1639, First printing press established at Cambridge, Mass., by Stephen
Day.

1642, October 9, first commencement at Harvard College.

1643, May 19, union of the New England Colonies.

1646, First act passed by the general court of Mass. for the spread of
the Gospel among the Indians.

1647, May 19, first General Assembly of Rhode Island.

1648, First execution for witchcraft.

1648, New London settled.

1650, Harvard College chartered.

1650, Constitution of Maryland settled.

1651, Navigation Act passed by Great Britain.

1652, First mint established in New England.

1654, Yale College first projected by Davenport.

1663, January 26, earthquake felt in New England, New Netherlands and
Canada.

1664, August 27, surrender of New Amsterdam to the English.

1665, June 12, New York City incorporated.

1672, First copyright granted by Mass.

1673, Mississippi river explored by Marquette and Joliet.

1675, June 24, commencement of King Philip’s war.

1676, August 12, death of King Philip.

1681, March 4, grant of Pennsylvania to William Penn.

1682, October 24, arrival of William Penn in America.

1682, Louisiana taken possession of by M. de la Sale.

1683, First Legislative Assembly in New York.

1683, Roger Williams dies, in his 84th year.

1686, First Episcopal Society formed in Boston.

1687, First printing press established near Philadelphia by William
Bradford.

1688, New York and New Jersey united to New England.

1690, February 8, Schenectady burned by the French and Indians.

1690, First paper money issued by Massachusetts.

1692, William and Mary College, Virginia, chartered.

1693, Episcopal Church established at New York.

1693, First printing press established in New York by William Bradford.

1695, Rice introduced into Carolina.

1698, First French Colony arrive at the mouth of the Mississippi.

1699, Captain Kidd, the pirate, apprehended at Boston.

1700, Episcopal Church established in Pennsylvania.

1701, October, Yale College chartered and founded at Saybrook.

1702, Episcopal Church established in New Jersey and Rhode Island.

1703, Culture of silk introduced into Carolina.

1703, Duty of £4 laid on imported negroes, in Mass.

1704, Tonnage duty laid by Rhode Island on foreign vessels.

1704, Act “to prevent the growth of Popery,” passed by Maryland.

1704, First newspaper (Boston News Letter) published at Boston, by
Bartholomew Green.

1706, Bills of Credit issued by Carolina.

1709, First printing press in Connecticut, established at New London, by
Thomas Short.

1711, South Sea Company incorporated.

1712, Free Schools founded in Charleston, Massachusetts.

1714, First schooner built at Cape Ann.

1717, Yale College removed from Saybrook to New Haven.

1718, Import duties laid by Massachusetts on English manufactures and
English ships.

1719, First Presbyterian Church founded in New York.

1720, Tea first used in New England.

1721, Inoculation for small-pox introduced into New England.

1722, Paper money first issued in Pennsylvania.

1725, First newspaper in New York (the New York Gazette) published by
William Bradford.

1726, First printing presses established in Virginia and Maryland.

1727, Earthquake in New England.

1730, First printing press and newspaper established at Charleston,
South Carolina.

1732, Tobacco made a legal tender in Maryland at 1_d._ per pound, and
corn at 20_d._ per bushel.

1732, February 22, George Washington born.

1732, First printing press and newspaper established at Newport, Rhode
Island.

1733, Georgia settled.

1733, Freemasons’ Lodge first held in Boston.

1727, Earthquake in New Jersey.

1738, College founded at Princeton, New Jersey.

1741, January 1, General Magazine and Historical Chronicle, first
published by Benjamin Franklin.

1742, Faneuil Hall erected at Boston.

1750, First theatrical performance in Boston.

1754, Columbia College founded in New York.

1755, July 9, defeat of General Braddock.

1755, September 8, battle of Lake George.

1755, Earthquake in North America.

1755, First newspaper (Connecticut Gazette), published at New Haven.

1756, May 17, war declared with France by Great Britain.

1756, First printing press and newspaper established at Portsmouth, New
Hampshire, by Daniel Fowle.

1758, July 26, Louisburg taken by the English.

1758, August 27, Fort Frontenac taken by the English.

1758, November 25, Fort Duquesne (now Pittsburgh), taken by the English.

1759, Ticonderoga taken by the English.

1759, September 18, Quebec taken by the English.

1761, March 12, earthquake in New England.

1763, February 10, treaty of peace, signed at Paris, between the English
and French.

1763, First newspaper published in Georgia.

1764, March, right to tax American colonies, voted by House of Commons.

1764, April 5, first act for levying revenue passed Parliament.

1764, April 21, Louisiana ordered to be given up to Spain.

1765, Stamp act passed by Parliament.

1765, March 22, stamp act receives a royal assent.

1765, May 29, Virginia resolutions against the right of taxation.

1765, June 6, general Congress proposed by Massachusetts.

1765, October 17, Congress of twenty-seven delegates convenes at New
York, and publishes a declaration of rights and resolutions against the
stamp act.

1766, February, Dr. Franklin examined before the House of Commons,
relative to the repeal of the stamp act.

1766, March 18, stamp act repealed.

1767, Tax laid on paper, glass, painters’ colors, and teas.

1769, Dartmouth College incorporated; American Philosophical Society
instituted at Philadelphia.

1770, March 5, Boston massacre.

1773, December 18, tea thrown overboard at Boston.

1774, March 31, Boston port bill passed; September 4, first Continental
Congress at Philadelphia.

1774, Dr. Franklin dismissed from the post office.

1775, April 19, battle of Lexington; May 10, Ticonderoga taken by the
Provincials.

1775, June 17, battle of Bunker Hill; July 2, General Washington arrives
at Cambridge.

1775, December 13, resolution of Congress to fit out a navy of thirteen
ships.

1775, December 31, assault on Quebec, and death of General Montgomery.

1776, March 17, Boston evacuated by the British; July 4, Declaration of
Independence.

1776, August 27, battle of Long Island; September 15, British take
possession of New York.

1776, October 28, battle of White Plains; November 16, capture of Fort
Washington; December 26, battle of Trenton.

1777, January 3, battle of Princeton; August 16, battle of Bennington.

1777, September 11, battle of Brandywine; September 19, first battle of
Stillwater.

1777, September 27, British army enters Philadelphia; October 4, battle
of Germantown.

1777, October 7, second battle of Stillwater; October 17, surrender of
the British army under Burgoyne.

1777, November 15, articles of confederation adopted by Congress, and
finally ratified by the States; in March 1781, Maryland being the last
State to adopt them.

1778, February 6, Treaty of alliance with France, ratified by Louis XVI.

1778, June 28, battle at Monmouth Court House; December 29, Savannah
taken by the British.

1779, March 3, battle of Briar Creek; May 14, Norfolk taken by the
British.

1779, June 20, battle of Stono Ferry.

1779, July 5-7, Fairfield and Norwalk, Conn., burned by the British.

1779. July 16, storming and capture of Stony Point by the Americans,
under Wayne.

1779, July and August, Sullivan’s expedition against the Indians on the
Susquehanna.

1779, September 23, Paul Jones captures two British frigates.

1780, April 14, battle at Monck’s Corner, South Carolina.

1780, May 6, battle on the Santee river.

1780, May 12, Surrender of Gen. Lincoln and American army at Charleston.

1780, July 12, French fleet and army arrive at Rhode Island.

1780, August 16, battle of Sanders Creek, near Camden.

1780, September 23, treason of Gen. Arnold, and arrest of Major Andre.

1780, October 2, Major Andre executed; battle of Kings Mountain.

1780, November 12, battle of Broad river; November 20, battle at
Blackstock.

1780, December 20, war between England and Holland.

1781, Bank of North America established.

1781, January, expedition of the British, under Arnold, to Virginia.

1781, January 17, battle of the Cowpens; February, retreat of Gen.
Greene in North Carolina.

1781, March 15, battle of Guilford Court House; April 25, battle of
Hobkirk’s Hill, near Camden.

1781, August 14, American and French allied army, march from the Hudson
river, near New York, to Virginia.

1781, September 6, burning of New London, by Arnold.

1781, September 8, battle of Eutaw Springs, and close of the campaign in
South Carolina.

1781, October 19, surrender of Lord Cornwallis and the British army.

1782, February 27, resolutions of the House of Commons in favor of
peace.

1782, March 20, resignation of Lord North, and accession of a Whig
cabinet in England.

1782, April 19, independence of the United States acknowledged by
Holland.

1782, June 24, last battle of the Revolutionary war, near Savannah,
Georgia.

1782, August, death of Colonel John Laurens, of South Carolina.

1782, November 13, preliminary articles of peace between the United
States and Great Britain, signed at Paris.

1783, January 20, preliminary treaties between France, Spain and Great
Britain, signed at Versailles.

1783, Independence of the United States acknowledged by Sweden February
5; by Denmark, February 25; by Spain, March 24; and by Russia in July.

1783, April 11, peace proclaimed by Congress; April 19, announced to the
army by Washington.

1783, September 3, definite treaty of peace signed at Paris.

1783, Proclamation for disbanding the army; November 2, Washington’s
farewell orders.

1783, November 25, New York evacuated by the British.

1784, First voyage from China to New York.

1785, July 9, and August 5, treaty with Prussia.

1786, Shay’s insurrection in Massachusetts; September 20, insurrection
in New Hampshire.

1787, September 17, federal constitution agreed on by convention.

1788, Federal constitution adopted by eleven States.

1789, March 4, George Washington elected President.

1789, April 30, inauguration of George Washington.

1790, District of Columbia ceded by Virginia and Maryland.

1790, May 29, constitution adopted by Rhode Island.

1791, March 4, Vermont admitted into the Union.

1791, Bank of the United States established.

1791, First folio Bible printed by Worcester of Massachusetts.

1792, June 1, Kentucky admitted into the Union.

1793, Washington re-elected President.

1793, Death of John Hancock.

1794, Insurrection in Pennsylvania.

1796, June 1, Tennessee admitted into the Union.

1796, December 7, Washington’s last speech to Congress.

1797, March 4, John Adams inaugurated President.

1798, Washington re-appointed commander-in-chief.

1799, December 14, death of George Washington.

1800, Seat of Government removed to Washington.

1800, May 13, disbanding of the provisional army.

1801, March 4, Thomas Jefferson inaugurated President.

1802, July 20, Louisiana ceded to France by Spain.

1803, February 19, Ohio admitted into the Union.

1803, April 30, Louisiana purchased by the United States.

1803, August, Commodore Preble bombards Tripoli.

1805, June 3, treaty of peace with Tripoli.

1806, Expedition of Louis and Clark to the mouth of the Columbia.

1807, June 22, attack on the frigate Chesapeake.

1807, July 2, interdict to armed British vessels.

1807, November 11, British orders in council.

1807, December, 17, Milan decree.

1807, December 22, embargo laid by the American government.

1808, January 1, slave trade abolished.

1808, April 17, Bayonne decree.

1809, March 1, embargo repealed.

1809, March 4, James Madison inaugurated President.

1810, March 23, Rambouillet decree.

1811, May 16, engagement between the frigate President and Little Belt.

1811, November 7, battle of Tippecanoe.

1812, April 3, embargo laid for ninety days.

1812, June 19, proclamation of war (war declared June 18).

1812, June 23, British orders in council repealed.

1812, August 15, surrender of Gen. Hull.

1812, Action between the frigates Constitution and Guerriere.

1812, November, defeat at Queenstown.

1812, Action between the Frolic and Wasp.

1812, Action between the United States and Macedonia.

1812, April 8, Louisana admitted into the Union.

1813, April 27, capture of York Upper Canada.

1813, May 27, battle of Fort George.

1813, June 1, Chesapeake captured by the Shannon.

1813, September 10, Perry’s victory on Lake Erie.

1813, October 5, battle of Thames.

1813, December 13, Buffalo burnt.

1814, March 28, action between the frigates Essex and Phœbe.

1814, July 5, battle of Chippawa.

1814, July 25, battle of Bridgewater.

1814, August, Washington City captured, and capitol burnt.

1814, August 9-11, Stonington bombarded.

1814, August 11, McDonough’s victory on Lake Champlain.

1814, September 12, battle near Baltimore.

1814, December 24, treaty of Ghent signed.

1814, December 25, battle of New Orleans.

1815, February 27, treaty of Ghent ratified by the President.

1815, March, war declared with Algiers.

1817, March 4, James Monroe, inaugurated President.

1817, December 10, Mississippi admitted into the Union.

1818, December 3, Illinois admitted into the Union.

1819, December 14, Alabama admitted into the Union.

1820, March 15, Maine admitted into the Union.

1821, July 1, Jackson takes possession of Florida.

1821, August 10, Missouri admitted into the Union.

1821, First settlement of Liberia.

1824, March 13, convention with Great Britain for suppression of the
slave trade.

1824, April 5, convention with Russia, in relation to the Northwest
boundary.

1824, August 13, arrival of Gen. Lafayette.

1825, March 4, John Quincy Adams inaugurated President.

1825, September 7, departure of Gen. Lafayette.

1826, July 4, death of Presidents Adams and Jefferson.

1829, February 20, resolutions passed by the Virginia House of
Delegates, denying the right of Congress to pass the tariff bill.

1829, March 4, Andrew Jackson inaugurated President.

1829, May 2, hail fell in Tuscaloosa, Alabama, to the depth of twelve
inches.

1829, May 17, death of John Jay, Bedford, New York.

1829, September 15, slavery abolished in Mexico.

1829, November 9, separation of Yucatan from Mexico, and union with
Republic of Central America.

1829, December 4, revolution commenced in Mexico.

1830, January 20, General Bolivar resigns his military and civil
commissions.

1830, January 27, city of Guatemala nearly destroyed by earthquakes.

1830, April 4, Yucatan declares its independence.

1831, January 12, remarkable eclipse of the sun.

1831, July 4th, death of James Monroe.

1831, October 1, free trade convention at Philadelphia.

1831, October 26, tariff convention at New York.

1832, February 6, attack on Qualla Battoo, in Sumatra, by United States
frigate Potomac.

1832, June 8, cholera breaks out at Quebec, in Canada; being its first
appearance in America.

1832, August 27, capture of Black Hawk.

1832, September 26, University of New York organized.

1832, November, union and State rights convention of South Carolina.

1832, December 28, John C. Calhoun resigns the office of Vice-President.

1833, March 2, new tariff bill signed by the President.

1833, March 4, Andrew Jackson inaugurated President for a second term.

1833, March 11, State rights convention of South Carolina.

1833, March 29, Santa Anna elected President of Mexico.

1833, May 16, Santa Anna inaugurated President of Mexico.

1833, October 1, public deposits removed from the bank of the United
States, by order of General Jackson.

1833, November 13, remarkable meteoric showers in the United States.

1834, March 28, vote of censure by the Senate against Gen. Jackson for
removing the deposits.

1835, April 18, French indemnity bill passes the Chamber of Deputies.

1835, December 16, great fire in New York.

1836, April 21, battle of San Jacinto, in Texas.

1836, June 14, Arkansas admitted in the Union.

1836, December 15, burning of the general post office and patent office
at Washington.

1837, January 26, Michigan admitted into the Union.

1837, March 4, Martin Van Buren, inaugurated President of the United
States.

1840, January 19, Antarctic continent discovered by the United States
exploring expedition.

1840, June 30, sub-treasury bill becomes a law.

1841, March 4, William Henry Harrison inaugurated President of the
United States.

1841, April 4, death of President Harrison.

1841, August 9, sub-treasury bill repealed.

1841, August 18, bankrupt act becomes a law.

1843, March 3, bankrupt act repealed.

1843, June 17, Bunker Hill monument celebration.

1845, March 1, Texas annexed to the United States.

1845, March 3, Florida admitted into the Union.

1845, March 4, James K. Polk, inaugurated President.

1845, June 18, death of Andrew Jackson.

1845, December, 24, Texas admitted into the Union.

1846, May 8, battle of Palo Alto, on the Rio Grande.

1846, May 9, battle of Resaca de la Palma on the Rio Grande.

1846, May 13, proclamation of war existing with Mexico.

1846, June 18, United States Senate advise the President to confirm the
Oregon treaty with Great Britain.

1846, July 28, new United States tariff bill passed.

1846, August 3, President Polk vetoes the river and harbor bill.

1846, August 6, revolution in Mexico in favor of Santa Anna.

1846, August 8, President Polk vetoes the French spoliation bill.

1846, August 10, Congress adjourns.

1846, August 18, Brigadier General Kearney, of the United States army,
takes possession of Santa Fe.

1846, August 19, Commodore Stockton blockades the Mexican ports on the
Pacific.

1846, September 21, 22, 23, battles of Monterey, Mexico.

1846, September 26, California expedition with Col. Stevenson’s regiment
of 780 officers and men, sails from New York.

1846, October 25, Tabasco in Mexico, bombarded by Commodore Perry.

1846, November 14, Commodore Conner takes Tampico.

1846, December 6, General Kearney defeats the Mexicans at San Pasqual.

1846, December 25, Colonel Doniphan defeats the Mexicans at Brazito,
near El Paso.

1846, December 28, Iowa admitted into the Union.

1847, January 8, Mexican Congress resolves to raise fifteen millions of
dollars on the property of the clergy for the war with the United
States.

1847, January 8-9, battles of San Gabriel and Mesa, in California,
fought by General Kearney, who defeats the Mexicans.

1847, January 14, revolt of the Mexicans in New Mexico against the
United States authorities.

1847, January 24, battle of Canada, in New Mexico; Mexicans defeated by
the Americans under Colonel Price.

1847, February 22-23, battle of Buena Vista--Mexicans 21,000 in number,
under General Santa Anna, defeated by 4,500 Americans under General
Taylor.

1847, February 28, battle of Sacramento--Colonel Doniphan, with 924
Americans defeats 4,000 Mexicans.

1847, March 1, General Kearney declares California a part of the United
States.

1847, March 20, city and castle of Vera Cruz taken by the army and navy
of the United States, under General Scott and Commodore Perry.

1847, April 2, Alvarado taken by the Americans under Lieutenant Hunter.

1847, April 18, battle of Cerro Gordo. Mexicans under Santa Anna
defeated by the Americans under General Scott.

1847, April 18, Tuspan in Mexico taken by Commodore Perry.

1847, May 1, Smithsonian Institution at Washington, corner-stone laid.

1847, August 20, battle of Contreras and Churubusco, in Mexico. Mexicans
defeated by Americans under General Smith, part of General Scott’s
command.

1847, August 31, new constitution of Illinois adopted by State
Convention.

1847, September 8, battle of Molina del Rey, near the city of Mexico.
The Americans under General Worth (part of Scott’s command) defeated the
Mexicans under General Santa Anna.

1847, September 12-14, battle of Chapultepec, near Mexico; the
Americans, under Generals Scott, Worth, Pillow and Quitman, defeat the
Mexicans under Santa Anna. General Scott and American army enter the
city of Mexico on the 14th.

1847, September 13 to October 12, siege of Puebla, held by the Americans
against the Mexicans. The latter repulsed by the former under Colonel
Childs.

1847, October 9, the city of Huamantla, in Mexico, taken by the
Americans under General Lane.

1847, October 20, part of Guayamas, in Mexico, bombarded and captured by
the Americans.

1847, December 31, the several Mexican states occupied by the American
army placed under military contributions.

1848, January 27, a national convention to nominate president and
vice-president called by the Whig members of Congress. At an adjourned
meeting it was resolved that the convention meet at Independence Hall,
Philadelphia.

1848, February 18, by a general order, Major-General Scott turns over
the command of the U. S. army in Mexico to Major-General Butler.

1848, May 22-26, the Democratic National Convention at Baltimore
nominate General Louis Cass, of Michigan, for President, and General
William O. Butler, of Kentucky, for Vice-President.

1848, May 25, Major-General Scott received by the municipal authorities
of the city of New York.

1848, May 29, Wisconsin admitted into the Union.

1848, May 30, treaty of peace between the United States and Mexico,
which had been signed at Guadalupe Hidalgo, February 2, 1848, afterwards
modified at Washington, and confirmed by the Mexican Congress, ratified
by the American commissioners, Sevier and Clifford, and Mexican minister
of foreign relations, Don Luis de la Rosa. It was proclaimed in the
United States July 4, 1848.

1848, June 7, 8, the Whig National Convention meet at Philadelphia, and
on the second day, fourth ballot, nominate General Zachary Taylor for
President, and, on second ballot, Hon. Millard Fillmore for
Vice-President.

1848, June 22, 23, Democratic Convention at Utica, New York, nominate
Martin Van Buren for President, and Henry Dodge (who declined June 29)
for Vice-President.

1848, July 4, corner-stone of monument to General Washington, laid at
the city of Washington, oration by Hon. Robert C. Winthrop, Speaker of
the United States House of Representatives.

1848, August 13, Oregon territorial bill, with prohibition of slavery,
passed by Congress.

1848, August 9, 10, Free Soil Convention at Buffalo nominate Martin Van
Buren, of New York, for President, and Charles Francis Adams, of
Massachusetts, for Vice-President. Sixteen states were represented by
delegates.

1848, August 14, adjournment of the 30th Congress, first session.

1848, August 17, destructive fire at Albany, New York.

1848, September 9, destructive fire at Brooklyn, New York.

1848, November 7, presidential election.

1848, December 4, meeting of the 30th Congress, second session.

1848, December 6, Taylor and Fillmore elected President and
Vice-President by the electoral colleges.

1849, March 5, inauguration of Zachary Taylor as President, and of
Millard Fillmore as Vice-President, of the United States.

1849, May 15, the cholera breaks out in New York.

1849, May 17, great fire at St. Louis.

1849, August 11, General Taylor, president of the United States, issues
his proclamation against the armed expedition fitting out for Cuba.

1849, August 21, citizens of Santa Fe county, New Mexico, meet to
organize a territorial government.

1849, August 31, convention of delegates, called by General Riley, of
the United States army, to frame a state constitution for California,
meet at Monterey.

1849, September 4, California convention organize.

1849, October 10, annexation to United States memorial, at Montreal,
Canada, signed by over 300 citizens of Canada.

1849, October 10, initial point of the boundary line between the United
States and Mexico settled, and a monument with inscriptions erected Lat.
32 deg. 31 min. 59 sec. 58, and Long. 119 deg. 35 min. 0 sec. 15, west
from Greenwich.

1849, October 16, convention of delegates from fourteen states in favor
of a national railroad from the Mississippi to the Pacific, meet at St.
Louis, and issue an address. Senator Douglas, of Illinois, presides.

1849, October 16, Mr. Chatfield takes possession of the island of Tigre,
in the state of Honduras, in the name of the British Queen.

1849, November 1, the first territorial legislature of Minnesota closes
its sitting of sixty days.

1849, November 19, the survey of the boundary line between Pennsylvania,
Delaware and Maryland, comprising a greater part of Mason and Dixon’s
line, is completed.

1849, December 2, first session of 31st Congress commences.

1849, December 21, House of Representatives organized by the selection
of Howell Cobb as speaker, on the sixty-third trial.

1850, January 9, the British government announce to Lord Elgin, Governor
General of Canada, their determination to maintain the connection of
Canada with Great Britain.

1850, January 15, the Hungarian exiles call on President Taylor, and the
usual interchange of civilities takes place.

1850, January 19, the Spanish minister at Washington complains to the
Secretary of State of the Cuban juntos at New York, New Orleans and
Washington.

1850, February 12, the original manuscript of Washington’s Farewell
Address is sold at auction, by the heirs of Mr. Claypole, printer, and
purchased by James Lenox, Esq., of New York, for $2,300.

1850, February 22, President Taylor attends the laying of the
corner-stone of the Virginia monument to Washington, at Richmond.

1850, April 20, the people of Santa Fe county, New Mexico, hold a
convention and request the military governor of New Mexico, Col. John
Monroe, to call upon the citizens to elect members for a convention to
form a State constitution.

1850, April 27, Collins line of steam packets goes into operation. The
steamer Atlantic sails from New York for Liverpool.

1850, May 7, a meeting of southern members of both Houses of Congress is
held at Washington, and reports an address to the people of the Southern
states.

1850, May 23, two vessels, the Advance and Rescue, fitted out by Mr.
Henry Grinnell, of New York, to search for Sir John Franklin in the
Arctic seas, sail from New York.

1850, June 3, a southern convention of delegates meet at Nashville,
Tennessee, to consult on the slavery question agitated in the North and
in Congress. They afterward issue an address, and adjourn, after a short
session.

1850, June 14, great fire at San Francisco, California, destroys three
hundred buildings.

1850, July 1, Governor Bell, of Texas, calls a special session of the
legislature on the boundary question, to meet on the 12th of August.

1850, July 9, death of President Taylor; great fire in Philadelphia.

1850, July 31, railroad convention at Portland, Maine, in favor of a
railroad to Halifax, through the British provinces.

1850, August 12, the legislature of Texas meet at Austin, and assume
hostile attitude on the boundary question; which, however, is afterwards
settled by the action of Congress.

1850, September 9, California admitted into the Union.

1850, September 9, Texas boundary bill passed by Congress.

1850, September 9, New Mexico and Utah bills passed.

1850, September 18, fugitive slave act passed.

1850, September 20, act for the suppression of the slave trade in the
District of Columbia, passed.

1850, September 30, thirty-first Congress adjourns after a session of
302 days.

1850, October 7, Indiana convention, for amending the State
Constitution, assembles at Indianapolis.

1850, October 14, Virginia convention, for amending the State
Constitution, assembles at Richmond.

1850, October 23, a woman’s rights convention is held at Rochester,
Massachusetts.

1850, October 26, great union meeting at Dayton, Ohio.

1850, October 30, great union meeting at Castle Garden, New York.

1850, November 1, the mortal remains of the late President Taylor
deposited in the family cemetery near Louisville, Kentucky.

1850, November 4, Maryland convention, to amend the State Constitution,
meets at Annapolis.

1850, November 6, New Hampshire convention, to amend the State
Constitution, meets at Concord.

1850, November 11, Southern States Rights Convention meets at Nashville,
Tennessee.

1850, November 31, great union meeting at Philadelphia.

1850, December 16, great union meeting at Bath, Maine.

1851, April 25, President Fillmore issues his proclamation against Cuban
expeditions.

1851, May 3, great fire at San Francisco, California. Nearly two
thousand five hundred buildings destroyed, and several lives lost.

1851, May 8, South Carolina Southern Rights Convention meets at
Charleston, and resolves for a dissolution of the Union.

1851, June 22, another great fire at San Francisco, which lays a large
portion of the city in ashes.

1851. August 3, expedition against Cuba, under General Lopez, sails from
New Orleans.

1851, August 29, convention of delegates at Lewis county, Oregon,
memorialize Congress for a division of the territory into two
governments.

1851, September to, the steam-frigate Mississippi, by order of the
United States government, received Kossuth, ex-Governor of Hungary, and
suite on board, at the Dardanelles, from a Turkish frigate.

1851, October 22, President Fillmore issues his proclamation against a
private military expedition against Mexico.

1851, November 10, the United States steamer Mississippi arrives in New
York with the exiled companions of Kossuth, forty-two in number, Kossuth
having remained to visit England on his way to the United States.

1851, December 6, Kossuth, ex-Governor of Hungary, arrives in New York
from England, and is honored with a public reception.

1851, December 24, library of Congress, at Washington, destroyed by
fire.

1851, December 31, Kossuth formally received at Washington by President
Fillmore.

1852, January 5, Kossuth publicly received by Congress.

1852, June 24, first national agricultural convention, representing
twenty-two states, assembles at Washington.

1852, July 5, Louisiana convention, for revising the State Constitution,
assembles at Baton Rouge.

1852, July 16, Kossuth leaves New York for Liverpool, on his return to
Europe.

1852, August 31, thirty-second Congress, first session, adjourns.

1852, December 1, Mr. Everett, secretary of state, declines, on the part
of the United States government, the tripartite convention respecting
Cuba, proposed by England and France.

1852, December 20, William R. King, on account of ill health, resigns
his office of president _pro tem._ of the Senate.

1853, February 9, votes for President and Vice-President opened and
counted in Congress. Pierce and King are declared duly elected for four
years from March 4.

1853, February 25, President Fillmore convened the Senate, by
proclamation, for twelve o’clock on the 4th of March, instead of eleven
o’clock, as by a former proclamation, the present senate deeming that
their term does not expire until noon of that day.

1853, March 4, inauguration of Franklin Pierce as President of the
United States.

1853, March 24, William R. King is sworn in as Vice-President at Cumbre,
near Matanzas, on the island of Cuba, Consul Sharkey administering the
oath.

1853, April 30, Delaware state convention adopt a new constitution and
adjourn after a session of fifty-five days. The constitution was
rejected by the people October 11, 1853.

1853, May 4, Massachusetts state convention, to revise the constitution,
meets at Boston. It adjourns August 1, having framed a state
constitution, which was rejected by the votes of the people.

1853, June 6, a southern convention assembles at Memphis, Tennessee.

1853, June 21, Martin Koszta, a Hungarian refugee, who had declared his
intentions to become a citizen of the United States, being seized by the
officers of an Austrian brig-of-war in the harbor of Smyrna, in Turkey,
is rescued by Captain Ingraham, of the United States sloop-of-war St.
Louis.

1853, July 8, the United States expedition to Japan, under Commodore
Perry, arrives at Japan. He lands on the 14th, and delivers to the
Japanese authorities a letter to the emperor from the President of the
United States, and a few days after leaves the islands, intending to
return to Japan the following year.

1853, July 14, the Crystal Palace, or exhibition of the arts of all
nations, is opened at New York, in presence of the President of the
United States and other dignitaries, attended by a large audience.

1853, August 29, Mr. Hulsemann, the Austrian minister at Washington,
addresses a note to the American government, complaining of Captain
Ingraham’s conduct in the affair of the release of Koszta at Smyrna; to
which the secretary of state, Mr. Marcy, afterward replied in
justification of Capt. Ingraham.

1854, Treaty with Japan.

1854, Kansas-Nebraska bill passed.

1857, March 4, James Buchanan inaugurated President; John C.
Breckinridge inaugurated Vice-President.

1858, May 11, Minnesota admitted into the Union.

1859, February 14, Oregon admitted into the Union.

1859, John Brown’s raid on Harper’s Ferry.

1860, December 20, Secession of South Carolina.

1860, Population of the United States 31,443,322.

1861, January 9, Secession of Mississippi.

1861, January 10, Secession of Alabama and Florida.

1861, January 19, Secession of Georgia.

1861, January 26, Secession of Louisiana.

1861, January 29, Kansas admitted into the Union.

1861, February 1, Secession of Texas.

1861, February 4, Southern Confederacy formed. Jefferson Davis elected
President, and Alexander H. Stephens Vice-President of the Confederate
States.

1861, March 4, Abraham Lincoln inaugurated President of the United
States. Hannibal Hamlin inaugurated Vice-President.

1861, April 12, Fort Sumter fired upon.

1861, April 13, Fort Sumter surrendered.

1861, April 18, Harper’s Ferry seized.

1861, April 21, Norfolk Navy Yard seized.

1861, April 25, Secession of Virginia.

1861, May 6, Secession of Arkansas.

1861, May 20, Secession of North Carolina.

1861, June 8, Secession of Tennessee.

1861, July 5, battle near Carthage, Missouri.

1861, July 11, battle of Rich Mountain, Virginia.

1861, July 14, battle at Carrick’s Ford, Virginia.

1861, July 20, Confederate Congress met at Richmond, Virginia.

1861, July 21, battle of Bull Run, Virginia.

1861, August 10, battle of Wilson’s Creek, Missouri.

1861, August 29, forts at Hatteras Inlet captured.

1861, September 20, Lexington, Missouri, captured by the Confederates.

1861, October 21, battle at Ball’s Bluff, Virginia.

1861, November 7, battle of Belmont, Missouri.

1861, November 7, Port Royal, South Carolina, captured.

1861, November 8, seizure of Mason and Slidell.

1862, February 6, capture of Fort Henry, Tennessee.

1862, February 8, capture of Roanoke Island, North Carolina.

1862, February 16, capture of Fort Donelson.

1862, May 7-8, battle of Pea Ridge, Arkansas.

1862, March 8, the Merrimac sinks the Cumberland and Congress.

1862, March 9, the Merrimac checked by the Monitor.

1862, March 14, capture of New Berne, North Carolina.

1862, March 23, battle at Winchester, Virginia.

1862, April 4, McClellan commenced his Peninsula campaign.

1862, April 7, battle of Shiloh.

1862, April 7, Island No. 10 captured.

1862, April 11, Fort Pulaski, Georgia, surrendered.

1862, April 25, New Orleans captured.

1862, April 25, Beaufort, South Carolina, captured.

1862, April 28, Forts St. Philip and Jackson, Louisiana, captured.

1862, May 4, capture of Yorktown, Virginia.

1862, May 5, battle of Williamsburg, Virginia.

1862, May 10, Norfolk, Virginia, captured by General Wool.

1862, May 30, Corinth, Mississippi, captured.

1862, May 31, and June 1, battle of Fair Oaks.

1862, June 3, Lee assumed command of the Confederate army before
Richmond.

1862, June 6, surrender of Memphis, Tennessee.

1862, June 25, Seven Days battles commenced.

1862, August 9, battle at Cedar Mountain.

1862, August 30, second battle of Bull Run.

1862, September 5, Lee invaded Maryland.

1862, September 14, battle of South Mountain, Maryland.

1862, September 15, Stonewall Jackson captured Harper’s Ferry.

1862, September 17, battle of Antietam.

1862, September 17, battle of Munfordsville.

1862, September 19, battle of Iuka, Mississippi.

1862, October 4, battle at Corinth, Mississippi.

1862, December 13, battle of Fredericksburg, Virginia.

1862, December 29, attack on Vicksburg, Mississippi.

1862, December 31, first battle of Murfreesboro, Tennessee.

1863, January 1, “Emancipation Proclamation.”

1863, January 2, second battle of Murfreesboro.

1863, January 11, capture of Arkansas Post, Arkansas.

1863, April 7, naval attack on Fort Sumter.

1863, April 17 to May 1, Grierson’s raid in Mississippi.

1863, May 1, battle at Port Gibson, Mississippi.

1863, May 2 and 3, battles at Chancellorsville, Virginia.

1863, June, Lee’s second invasion of Maryland.

1863, June 20, West Virginia admitted into the Union.

1863, July 1-2, battle of Gettysburg, Pennsylvania.

1863, July 4, capture of Vicksburg.

1863, July 8, capture of Port Hudson, Louisiana.

1863, September 7, capture of Fort Wagner.

1863, September 10, Little Rock, Arkansas, captured.

1863, September 19-20, battle of Chickamauga, Georgia.

1863, November 18, Knoxville, Tennessee, besieged.

1863, November 24, battle of Lookout Mountain.

1863, November 23-25, battle at Chattanooga.

1863, November 25, battle at Missionary Ridge.

1863, December 3, siege of Knoxville raised.

1864, March and April, Red river expedition.

1864, April 20, Plymouth, North Carolina, captured by the Confederates.

1864, May 5-7, battle of the Wilderness, Virginia.

1864, May 7-12, battles near Spottsylvania Court House.

1864, May 15, battle of Resaca, Georgia.

1864, May 25-28, battles near Dallas, Georgia.

1864, June 3, battle at Cold Harbor.

1864, June 15-17, battle of Lost Mountain, Georgia.

1864, June 19, the Alabama sunk by the Kearsarge.

1864, July 5, Early invaded Maryland.

1864, July 9, battle at Monocacy, Maryland.

1864, July 20-22-28, battles before Atlanta, Georgia.

1864, August 5, battle in Mobile Bay.

1864, September 2, Atlanta, Georgia, captured.

1864, September 19, battle at Winchester, Virginia.

1864, October 19, battle of Cedar Creek.

1864, October 31, Nevada admitted into the Union.

1864, November 14, Sherman left Atlanta for Savannah.

1864, November 20, Milledgeville, Georgia, captured.

1864, November 30, battle of Franklin, Tennessee.

1864, December 13, Fort McAllister, Georgia, captured.

1864, December 15-16, Hood defeated by Thomas at Nashville.

1864, December 21, Savannah, Georgia, captured.

1865, January 15, Fort Fisher, North Carolina, captured.

1865, February 17, Columbia, South Carolina, captured.

1865, February 18, Charleston, South Carolina, captured.

1865, February 22, Wilmington, North Carolina, captured.

1865, March 25, attack on Fort Steadman, Virginia.

1865, April 1, battle at Five Forks, Virginia.

1865, April 3, Petersburg and Richmond captured.

1865, April 9, Lee surrendered.

1865, April 13, Raleigh, North Carolina, captured.

1865, April 14, President Lincoln assassinated.

1865, April 15, Andrew Johnson (Vice-President), inaugurated President.

1865, April 26, surrender of Johnston’s army.

1865, May 8, surrender of Taylor.

1865, May 26, Kirby Smith surrendered.

1866, Submarine telegraph laid.

1867, March 1, Nebraska admitted into the Union.

1867, October, Russian America purchased.

1868, President Johnson impeached and acquitted.

1868, Treaty with China.

1869, March 4, Ulysses S. Grant inaugurated President; Schuyler Colfax,
inaugurated Vice-President.

1869, Pacific railroad completed.

1870, Population of the United States, 38,556,000.

1871, October 7-8-9, great fire in Chicago.

1872, Great fire in Boston.

1873, March 4, Grant re-inaugurated President; Henry Wilson inaugurated
Vice-President.

1876, January 1, Fisk University, Nashville, Tennessee, dedicated.

1876, February 18, bill passed abolishing the death penalty in Maine.

1876, March 2, Secretary Belknap impeached.

1876, March 14, bill to reduce the President’s salary, passed by the
Senate.

1876, Mar. 22, the Republican State Convention assembled at Syracuse.

1876, Mar. 29, the Consular and Diplomatic appropriation bill passed by
the United States Senate.

1876, April 10, silver currency bill passed by the Senate.

1876, April 14, statue to President Lincoln in Washington unveiled.

1876, April 15, Dom Pedro II, Emperor of Brazil, arrives in New York.

1876, May 10, the International Centennial Exhibition opened aT
Philadelphia by President Grant.

1876, May 17, Gen. Terry’s expedition against Sitting Bull.

1876, June 4, arrival of the Jarrett and Palmer train in San Francisco
from New York, in eighty hours and twenty minutes.

1876, June 14, the Sixth National Republican Convention met at
Cincinnati.

1876, June 16, Gov. Rutherford B. Hayes, of Ohio, nominated at
Cincinnati as candidate for President.

1876, June 22, battle at Rosebud Creek, between the Sioux and Gen.
Crook’s command.

1876, June 27, meeting of the Democratic National Convention in St.
Louis.

1876, June 29, Samuel J, Tilden nominated for President by the Democrats
at St. Louis.

1876, July 2, death of Gen. Custer with 300 of his command.

1876, July 4, Colorado admitted into the Union.

1876, August 1, Secretary of War Belknap acquitted by the court of
impeachment at Washington.

1876, September 24, Hallett’s Point Reef, at Hell Gate blown up by Gen.
Newton.

1876, November 10, the Centennial Exhibition at Philadelphia closed.

1876, December 5, the Brooklyn Theater burned, nearly 300 people
perished in the flames.

1877, March 4, Rutherford B. Hayes inaugurated President of the United
States; William A. Wheeler inaugurated Vice-President.

UNITED STATES GOVERNMENT.

THE EXECUTIVE.

SALARY.
Rutherford B. Hayes, of Ohio, President $50,000
William A. Wheeler, of New York, Vice-President 8,000

THE CABINET.

SALARY.
William M. Evarts, of New York, Secretary of State 8,000
John Sherman, of Ohio, Secretary of Treasury 8,000
George W. McCrary, of Iowa, Secretary of War 8,000
Richard M. Thompson, of Indiana, Secretary of Navy 8,000
Carl Schurz, of Missouri, Secretary of Interior 8,000
Charles Devens, of Massachusetts, Attorney General 8,000
D. M. Key, of Tennessee, Postmaster General 8,000

SUPREME COURT.

DIS.
Morrison R. Waite, of Ohio Chief Justice 4
Nathan Clifford, of Maine Associate Justice 1
Ward Hunt, of New York Associate Justice 2
William Strong, of Pennsylvania Associate Justice 3
Joseph P. Bradley, of New Jersey Associate Justice 5
Noah H. Swayne, of Ohio Associate Justice 6
Samuel F. Miller, of Iowa Associate Justice 7
Vacant Associate Justice 8
Stephen J. Field, of California Associate Justice 9

UNITED STATES ARMY ORGANIZATION.

GENERAL OFFICERS.

William T. Sherman General.
Philip H. Sheridan Lieut. General.

MAJOR GENERALS.

Winfield S. Hancock,
John M. Schofield,
Irvin McDowell.

BRIGADIER GENERALS.

George Crook,
John Pope,
Oliver O. Howard,
Alfred H. Terry,
E. O. C. Ord,
Christopher C. Augur.

ADJUTANT GENERAL.

Edward D. Townsend, Brigadier General and Brevet Major General.

QUARTERMASTER GENERAL.

Montgomery C. Meigs, Brigadier General and Brevet Major General.

COMMISSARY GENERAL OF SUBSISTENCE.

Robert Macfeely, Brigadier General.

JUDGE ADVOCATE GENERAL.

W. McKee Dunn, Brigadier General.

SURGEON GENERAL.

Joseph K. Barnes, Brigadier General and Brevet Major General.

PAYMASTER GENERAL.

Benjamin Alvord, Brigadier General and Brevet Major General.

CHIEF ENGINEER.

A. A. Humphreys, Brigadier General and Brevet Major General.

CHIEF OF ORDNANCE.

Stephen V. Benet, Brigadier General.

CHIEF SIGNAL OFFICER.

Albert J. Myer, Colonel and Brevet Brigadier General.

FORTY-FOURTH CONGRESS,

As constituted Jan. 1, 1877.

[Republicans designated thus: r; Democrats thus: d; Independents thus:
i.]

SENATE.

THOMAS W. FERRY, of Michigan, President.

ALABAMA.

George Goldthwaite, d 1877
George E. Spencer, r 1879

ARKANSAS.

Powell Clayton, r 1877
Stephen W. Dorsey, r 1879

CALIFORNIA.

Aaron A. Sargent, r 1879
Newton Booth, i 1881

COLORADO.

Jerome B. Chaffee, r 1879
Henry M. Teller, r 1883

CONNECTICUT.

William H. Barnum, d 1879
William W. Eaton, d 1881

DELAWARE.

Eli Saulsbury, d 1877
Thomas F. Bayard, d 1881

FLORIDA.

Simon B. Conover, r 1879
Charles W. Jones, d 1881

GEORGIA.

Thomas M. Norwood, d 1877
John B. Gordon, d 1879

ILLINOIS.

John A. Logan, r 1877
Richard J. Oglesby, r 1879

INDIANA.

Oliver P. Morton, r 1879
Joseph E. McDonald, d 1881

IOWA.

George G. Wright, r 1877
William B. Allison, r 1879

KANSAS.

James M. Harvey, r 1877
John J. Ingalls, r 1879

KENTUCKY.

John W. Stevenson, d 1877
Thomas C. McCreery, d 1879

LOUISIANA.

J. Rodman West, r 1877
Vacant 1879

MAINE.

Hannibal Hamlin, r 1881
James G. Blaine, r 1883

MARYLAND.

George R. Dennis, d 1879
William Pinkney Whyte, d 1881

MASSACHUSETTS.

George S. Boutwell, r 1877
Henry L. Dawes, r 1881

MICHIGAN.

Thomas W. Ferry, r 1883
Isaac P. Christiancy, i 1881

MINNESOTA.

William Windom, r 1883
Samuel J. R. McMillan, r. 1881

MISSISSIPPI.

James L. Alcorn, r 1877
Branch K. Bruce, r 1881

MISSOURI.

Louis V. Bogy, d 1879
Francis M. Cockrell, d 1881

NEBRASKA.

Phinneas W. Hitchcock, r 1877
Algernon S. Paddock, r 1881

NEVADA.

John P. Jones, r 1879
William Sharon, r 1881

NEW HAMPSHIRE.

Aaron H. Cragin, r 1877
Bainbridge Wadleigh, r 1879

NEW JERSEY.

Frederick Frelinghuysen, r 1877
Theodore F. Randolph, d 1881

NEW YORK.

Roscoe Conklin, r 1879
Francis Kernan, d 1881

NORTH CAROLINA.

Mathew W. Ransom, d 1883
Augustus S. Merriman, d 1879

OHIO.

John Sherman, r 1879
Allen G. Thurman, d 1881

OREGON.

James K. Kelley, d 1879
John H. Mitchell, r 1881

PENNSYLVANIA.

Simon Cameron, r 1879
William A. Wallace, d 1881

RHODE ISLAND.

Henry B. Anthony, r 1883
Ambrose E. Burnside, r 1881

SOUTH CAROLINA.

Thomas J. Robertson, r 1877
John J. Patterson, r 1879

TENNESSEE.

Henry Cooper, d 1877
David McKendree Key, d 1881

TEXAS.

Morgan C. Hamilton, d 1877
Samuel B. Maxey, d 1881

VERMONT.

Justin S. Morrill, r 1879
George F. Edmunds, r 1881

VIRGINIA.

Robert E. Withers, d 1881
John W. Johnson, d 1883

WEST VIRGINIA.

Henry G. Davis, d 1877
Samuel Price, d 1881

WISCONSIN.

Timothy O. Howe, r 1879
Angus Cameron, r 1881

HOUSE OF REPRESENTATIVES.

ALABAMA.

1 Jere Haralson, r.
2 Jere N. Williams, d.
3 Taul Bradford, d.
4 Charles Hays, r.
5 John H. Caldwell, d.
6 Goldsmith W. Hewitt, d.
At large--W. H. Forney, d., Burwell B. Lewis, d.

ARKANSAS.

1 Lucien C. Gause, d.
2 William F. Slemmons, d.
3 William W. Wilshire, d.
4 Thomas M. Gunter, d.

CALIFORNIA.

1 William A. Piper, d.
2 Horace F. Page, r.
3 John K. Luttrell, d.
4 Peter D. Wigginton, d.

COLORADO.

James B. Belford, r.

CONNECTICUT.

1 George M. Landers, d.
2 James Phelps, d.
3 John T. Wait, r.
4 Levi Warner, d.

DELAWARE.

James Williams, d.

FLORIDA.

1 William J. Purman, r.
2 Jesse J. Finley, d.

GEORGIA.

1 Julien Hartridge, d.
2 William E. Smith, d.
3 Philip Cook, d.
4 Henry R. Harris, d.
5 Milton A. Candler, d.
6 James H. Blount, d.
7 William H. Felton, d.
8 Alexander H. Stephens, d.
9 Benjamin H. Hill, d.

ILLINOIS.

1 Bernard G. Caulfield, d.
2 Carter H. Harrison, d.
3 J. V. Le Moyne, d.
4 Stephen A. Hurlbut, r.
5 Horatio C. Burchard, r.
6 Thomas J. Henderson, r.
7 Alexander Campbell, i.
8 Grenbury L. Fort, r.
9 Richard H. Whiting, r.
10 John C. Bagby, d.
11 Scott Wike, d.
12 William M. Springer, d.
13 A. E. Stevenson, i.
14 Joseph G. Cannon, r.
15 John R. Eden, d.
16 William A. J. Sparks, d.
17 William R. Morrison, d.
18 William Hartzell, d.
19 William B. Anderson, i.

INDIANA.

1 Benoni S. Fuller, d.
2 Andrew Humphreys, d.
3 Nathan T. Carr, d.
4 Jeptha D. New, d.
5 William S. Holman, d.
6 Milton S. Robinson, r.
7 Franklin Landers, d.
8 Morton C. Hunter, r.
9 Thomas J. Cason, r.
10 William S. Haymond, d.
11 James L. Evans, r.
12 Andrew H. Hamilton, d.
13 John H. Baker, r.

IOWA.

1 George W. McCrary, r.
2 John Q. Tufts, r.
3 L. L. Ainsworth, d.
4 Henry O. Pratt, r.
5 James Wilson, r.
6 Ezekiel S. Sampson, r.
7 John A. Kasson, r.
8 James W. McDill, r.
9 Addison Oliver, r.

KANSAS.

1 William A. Phillips, r.
2 John R. Goodin, d.
3 William R. Brown, r.

KENTUCKY.

1 Andrew R. Boone, d.
2 John Y. Brown, d.
3 Charles H. Milliken, d.
4 J. Proctor Knott, d.
5 Henry Watterson, d.
6 Thomas L. Jones, d.
7 J. C. S. Blackburn, d.
8 Milton J. Durham, d.
9 John D. White, r.
10 John B. Clarke, d.

LOUISIANA.

1 Randall L. Gibson, d.
2 E. John Ellis, d.
3 Chester B. Darrall, r.
4 William M. Levy, d.
5 William B. Spencer, d.
6 Charles E. Nash, r.

MAINE.

1 John H. Burleigh, r.
2 William P. Frye, r.
3 Edwin Flye, r.
4 Harris M. Plaisted, r.
5 Eugene Hale, r.

MARYLAND.

1 Philip F. Thomas, d.
2 Charles B. Roberts, d.
3 William J. O’Brien, d.
4 Thomas Swann, d.
5 Eli J. Henkle, d.
6 William Walsh, d.

MASSACHUSETTS.

1 William W. Crapo, r.
2 Benjamin W. Harris, r.
3 Henry L. Pierce, r.
4 Josiah G. Abbott, d.
5 Nathaniel P. Banks, i.
6 Charles P. Thompson, d.
7 John K. Tarbox, d.
8 William W. Warren, d.
9 George F. Hoar, r.
10 Julius H. Seelye, i.
11 Chester W. Chapin, d.

MICHIGAN.

1 Alpheus S. Williams, d.
2 Henry Waldron, r.
3 George Willard, r.
4 Allen Potter, d.
5 William B. Williams, r.
6 George H. Durand, d.
7 Omar D. Conger, r.
8 Nathaniel B. Bradley, r.
9 Jay A. Hubbell, r.

MINNESOTA.

1 Mark H. Dunnell, r.
2 Horace B. Strait, r.
3 William S. King, r.

MISSISSIPPI.

1 L. Q. C. Lamar, d.
2 G. W. Wells, r.
3 H. D. Money, d.
4 O. R. Singleton, d.
5 Charles E. Hooker, d.
6 John R. Lynch, r.

MISSOURI.

1 Edward C. Kehr, d.
2 Erastus Wells, d.
3 William H. Stone, d.
4 Robert A. Hatcher, d.
5 Richard P. Bland, d.
6 Charles H. Morgan, d.
7 John F. Phillips, d.
8 Benjamin J. Franklin, d.
9 David Rea.
10 R. A. De Bolt, d.
11 John B. Clark, jr., d.
12 John M. Glover, d.
13 Aylett H. Buckner, d.

NEBRASKA.

Lorenzo Crounse, r.

NEVADA.

William Woodburn, r.

NEW HAMPSHIRE.

1 Frank Jones, d.
2 Samuel N. Bell, d.
3 Henry W. Blair, r.

NEW JERSEY.

1 Clem H. Sinnickson, r.
2 Samuel A. Dobbins, r.
3 Miles Ross, d.
4 Robert Hamilton, d.
5 Augustus W. Cutler, d.
6 Frederick H. Teese, d.
7 A. A. Hardenbergh, d.

NEW YORK.

1 Henry B. Metcalf, d.
2 John G. Schumaker, d.
3 S. B. Chittenden, i.
4 Arch. M. Bliss, d.
5 Edwin R. Meade, d.
6 Samuel S. Cox, d.
7 David Dudley Field, d.
8 Elijah Ward, d.
9 Fernando Wood, d.
10 Abram S. Hewitt, d.
11 Benjamin A. Willis, d.
12 N. Holmes Odell, d.
13 J. O. Whitehouse, d.
14 George M. Beebe, d.
15 John H. Bagley, jr., d.
16 Charles H. Adams, r.
17 Martin I. Townsend, r.
18 Andrew Williams, r.
19 William A. Wheeler, r.
20 H. A. Hathorn, r.
21 Samuel F. Miller, r.
22 George A. Bagley, r.
23 Scott Lord, d.
24 William H. Baker, r.
25 E. W. Leavenworth, r.
26 C. D. McDougall, r.
27 Eldridge C. Lapham, r.
28 Thomas C. Platt, r.
29 Charles C. B. Walker, d.
30 John M. Davy, r.
31 George G. Hoskins, r.
32 Lyman K. Bass, r.
33 Nelson I. Norton, r.

NORTH CAROLINA.

1 Jesse J. Yeates, d.
2 John A. Hyman, r.
3 Alfred M. Waddell, d.
4 Joseph J. Davis, d.
5 Alfred M. Scales, d.
6 Thomas S. Ashe, d.
7 William M. Robbins, d.
8 Robert B. Vance, d.

OHIO.

1 Milton Sayler, d.
2 H. B. Banning, d.
3 John S. Savage, d.
4 John A. McMahon, d.
5 Americus V. Rice, d.
6 Frank H. Hurd, d.
7 Laurence T. Neal, d.
8 William Lawrence, r.
9 Early F. Poppleton, d.
10 Charles Foster, r.
11 John L. Vance, d.
12 Ansley T. Walling, d.
13 Milton I. Southard, d.
14 Jacob P. Cowen, d.
15 N. H. Van Vorhes, r.
16 Lorenzo Danford, r.
17 L. D. Woodworth, r.
18 James Monroe, r.
19 James A. Garfield, r.
20 Henry B. Payne, d.

OREGON.

Lafayette Lane, d.

PENNSYLVANIA.

1 Chapman Freeman, r.
2 Charles O’Neil, r.
3 Samuel J. Randall, d.
4 William D. Kelley, r.
5 John Robbins, d.
6 Wash Townsend, r.
7 Allen Wood, jr., r.
8 Heister Clymer, d.
9 A. Herr Smith, r.
10 William Mutchler, d.
11 Frank D. Collins, d.
12 William H. Stanton, d.
13 James B. Reilly, d.
14 John B. Packer, r.
15 Joseph Powell, d.
16 Sobieskie Ross, r.
17 John Reilly, d.
18 William S. Stenger, d.
19 Levi Maish, d.
20 Louis A. Mackey, d.
21 Jacob Turney, d.
22 James H. Hopkins, d.
23 Alexander G. Cochrane, d.
24 John W. Wallace, r.
25 George A. Jenks, d.
26 James Sheakley, d.
27 Albert G. Egbert, d.

RHODE ISLAND.

1 Benjamin T. Eames, r.
2 Latimer W. Ballou, r.

SOUTH CAROLINA.

1 Joseph Rainey, r.
2 C. W. Butts, r.
3 Solomon L. Hope, r.
4 Alexander S. Wallace, r.
5 Robert Smalls, r.

TENNESSEE.

1 William McFarland, d.
2 J. M. Thornburgh, r.
3 George G. Dibrell, d.
4 H. T. Riddle, d.
5 John M. Bright, d.
6 John F. House, d.
7 W. C. Whitthorne, d.
8 John D. C. Atkin, d.
9 W. P. Caldwell, d.
10 H. Casey Young, d.

TEXAS.

1 John H. Reagan, d.
2 David B. Culberson, d.
3 J. W. Throckmorton, d.
4 Roger Q. Mills, d.
5 John Hancock, d.
6 Gustave Schleicher, d.

VERMONT.

1 Charles H. Joyce, r.
2 Dudley C. Denison, i.
3 George W. Hendee, r.

VIRGINIA.

1 Beverly B. Douglas, d.
2 John Goode, jr., d.
3 Gilbert C. Walker, d.
4 W. H. H. Stowell, r.
5 George C. Cabell, d.
6 John R. Tucker, d.
7 John T. Harris, d.
8 Eppa Hunton, d,
9 William Terry, d.

WEST VIRGINIA.

1 Benjamin Wilson, d.
2 Charles G. Faulkner, d.
3 Frank Hereford, d.

WISCONSIN.

1 Charles G. Williams, r.
2 Lucien B. Caswell, r.
3 Henry S. Magoon, r.
4 William P. Lynde, d.
5 Samuel D. Burchard, d.
6 Alanson M. Kimball, r.
7 Jeremiah M. Rusk, r.
8 George W. Cate, d.

TERRITORIAL DELEGATES.

ARIZONA.

H. S. Stevens, i.

DAKOTA.

J. P. Kidder, r.

IDAHO.

Stephen S. Fenn, d.

MONTANA.

Martin Maginnis, d.

NEW MEXICO.

S. B. Elkins, r.

UTAH.

George Q. Cannon, i.

WASHINGTON.

Orange Jacobs, r.

WYOMING.

William R. Steele, d.

FORTY-FIFTH CONGRESS,

As constituted Feb. 1, 1877.

SENATE.

ALABAMA.

George E. Spencer, r 1879
John T. Morgan, d 1883

ARKANSAS.

Stephen W. Dorsey, r 1879
A. H. Garland, d. 1883

CALIFORNIA.

Aaron A. Sargent, r 1879
Newton Booth, i 1881

COLORADO.

Jerome B. Chaffee, r 1879
Henry M. Teller, r 1883

CONNECTICUT.

James E. English, d 1879
William W. Eaton, d 1881

DELAWARE.

Thomas F. Bayard, d 1881
Democrat 1883

FLORIDA.

Simon B. Conover, r 1879
Charles W. Jones, d 1881

GEORGIA.

John B. Gordon, d 1879
Benjamin H. Hill, d 1883

ILLINOIS.

Richard J. Oglesby, r 1879
David Davis, i 1883

INDIANA.

Oliver P. Morton, r 1879
Joseph E. McDonald, d 1881

IOWA.

William B. Allison, r 1879
Samuel K. Kirkwood, r 1883

KANSAS.

John J. Ingalls, r 1879
Republican 1883

KENTUCKY.

Thomas C. McCreery, d 1879
James B. Beck, d 1883

LOUISIANA.

---- 1879
---- 1883

MAINE.

Hannibal Hamlin, r 1881
James G. Blaine, r 1883

MARYLAND.

George R. Dennis, d 1879
William P. Whyte, d 1881

MASSACHUSETTS.

Henry L. Davis, r 1881
George F. Hoar, r 1883

MICHIGAN.

Isaac P. Christiancy, r 1881
Thomas W. Ferry, r 1883

MINNESOTA.

Samuel J. R. McMillan, r 1881
William Windom, r 1883

MISSISSIPPI.

Branch K. Bruce, r 1881
Lucius Q. C. Lamar, d 1883

MISSOURI.

Louis V. Bogy, d 1879
Francis M. Cockrell, d 1881

NEBRASKA.

Algernon S. Paddock, r 1881
William Saunders, r 1883

NEVADA.

John P. Jones, r 1879
William Sharon, r 1881

NEW HAMPSHIRE.

Bainbridge Wadleigh, r 1879
Edward H. Rollins, r 1883

NEW JERSEY.

Theodore F. Randolph, d 1881
John R. McPherson, d 1883

NEW YORK.

Roscoe Conklin, r 1879
Francis Kernan, d 1881

NORTH CAROLINA.

Augustus S. Merriman, d 1879
Mathew W. Ransom, d 1883

OHIO.

John Sherman, r 1879
Allen G. Thurman, d 1881

OREGON.

John H. Mitchell, r 1879
Lafayette F. Grover, d 1883

PENNSYLVANIA.

Simon Cameron, r 1879
William A. Wallace, d 1881

RHODE ISLAND.

Ambrose E. Burnside, r 1881
Henry B. Anthony, r 1883

SOUTH CAROLINA.

John J. Patterson, r 1879
David T. Corbin,[80] r 1883

TENNESSEE.

James E. Bailey, d 1881
Democrat 1883

TEXAS.

Samuel B. Maxey, d 1881
Richard Coke, d 1883

VERMONT.

Justin S. Morrill, r 1879
George F. Edmonds, r 1881

VIRGINIA.

Robert E. Withers, d 1881
John W. Johnson, d 1883

WEST VIRGINIA.

Frank Hereford, d 1881
H. G. Davis, d 1883

WISCONSIN.

Timothy O. Howe, r 1879
Angus Cameron, r 1881

HOUSE OF REPRESENTATIVES.

ALABAMA.

1 Jones T. Jones, d.
2 Hilary A. Herbert, d.
3 Jere N. Williams, d.
4 Charles M. Shelly, d.
5 Robert F. Ligon, d.
6 G. W. Hewitt, d.
7 W. H. Forney, d.
8 William W. Garth, d.

ARKANSAS.

1 Lucien C. Gause, d.
2 William F. Slemons, d.
3 Henry B. Stuart, d.
4 Thomas M. Gunther, d.

CALIFORNIA.

1 Horace Davis, r.
2 Horace F. Page, r.
3 John K. Luttrell, d.
4 Peter D. Wigginton, d.[81]

COLORADO.

1 James B. Belford, r.

CONNECTICUT.

1 George M. Landers, d.
2 James Phelps, d.
3 John T. Wait, r.
4 Levi Warner, d.

DELAWARE.

1 James Williams, d.

FLORIDA.

1 William J. Purman, r.[81]
2 Horatio Bisbee, jr., r.[81]

GEORGIA.

1 Julien Hartridge, d.
2 William E. Smith, d.
3 Philip Cook, d.
4 Henry R. Harris, d.
5 Milton A. Chandler, d.
6 James H. Blount, d.
7 William H. Felton, d.
8 Alexander H. Stephens, d.
9 Benjamin H. Hill, d.

ILLINOIS.

1 William Aldrich, r.
2 Carter H. Harrison, d.
3 Lorenz Brentano, r.
4 William Lathrop, r.
5 Horatio C. Burchard, r.
6 Thomas J. Henderson, r.
7 Philip C. Hayes, r.
8 Greenbury L. Fort, r.
9 Thomas A. Boyd, r.
10 John H. Hungate, d.
11 Robert M. Knapp, d.
12 William M. Springer, d.
13 Thomas F. Tipton, r.
14 Joseph G. Cannon, r.
15 John R. Eden, d.
16 F. M. Ashcraft, r.
17 William R. Morrison, d.
18 William Hartzell, d.
19 R. W. Townshend, d.

INDIANA.

1 Benoni S. Fuller, d.
2 James R. Cobb, d.
3 George A. Bicknell, d.
4 Leonidas Sexton, r.
5 Thomas M. Browne, r.
6 Milton S. Robinson, r.
7 John Hanna, r.
8 Morton C. Hunter, r.
9 Michael D. White, r.
10 William H. Calkins, r.
11 James G. Evans, r.
12 Andrew H. Hamilton, d.
13 John H. Baker, r.

IOWA.

1 J. C. Stone, r.
2 Hiram Price, r.
3 Thomas W. Burdick, r.
4 Nathan C. Deering, r.
5 Rush Clark, r.
6 Ezekiel S. Sampson, r.
7 H. J. B. Cummings, r.
8 William F. Sapp, r.
9 Addison Oliver, r.

KANSAS.

1 William A. Phillips, r.
2 Dudley Haskell, r.
3 Thomas Ryan, r.

KENTUCKY.

1 Andrew R. Boone, d.
2 James McKenzie, d.
3 John W. Caldwell, d.
4 J. Proctor Knott, d.
5 Albert S. Willis, d.
6 John G. Carlile, d.
7 J. C. S. Blackburn, d
8 Milton J. Durham, d.
9 Thomas Turner, d.
10 John B. Clarke, d.

LOUISIANA.

1 Randall L. Gibson, d.
2 E. John Ellis, d.
3 James H. Acklin, d.[82]
4 J. B. Elam, d.[82]
5 John E. Leonard, r.
6 Edward W. Roberts, d.[82]

MAINE.

1 Thomas B. Reed, r.
2 William P. Frye, r.
3 Stephen D. Lindsey, r.
4 Llewellyn Powers, r.
5 Eugene Hale, r.

MARYLAND.

1 Daniel M. Henry, d.
2 Charles B. Roberts, d.
3 William Kimmel, d.
4 Thomas Swann, d.
5 Eli J. Henkle, d.
6 William Walsh, d.

MASSACHUSETTS.

1 William W. Crapo, r.
2 Benjamin W. Harris, r.
3 Wallbridge A. Field, r.
4 Leopold Morse, d.
5 Nathaniel P. Banks, r.
6 George B. Loring, r.
7 Benjamin F. Butler, r.
8 William Claflin, r.
9 William W. Rice, r.
10 Amasa Norcross, r.
11 George D. Robinson, r.

MICHIGAN.

1 Alpheus S. Williams, d.
2 Edwin Willits, r.
3 J. H. McGowan, r.
4 Edwin W. Keighley, r.
5 John W. Stone, r.
6 Mark S. Brewer, r.
7 Omar D. Conger, r.
8 Charles C. Ellsworth, r.
9 Jay A. Hubbell, r.

MINNESOTA.

1 Mark H. Dunnell, r.
2 Horace B. Strait, r.
3 Jacob H. Stewart, r.

MISSISSIPPI.

1 H. L. Muldrow, d.
2 Van H. Manning, d.
3 H. D. Money, d.
4 O. R. Singleton, d.
5 Charles E. Hooker, d.
6 James R. Chambers, d.

MISSOURI.

1 Anthony Ittner, r.
2 Nathan Cole, r.
3 Lyne S. Metcalfe, r.[82]
4 Robert A. Hatcher, d.
5 Richard P. Bland, d.
6 Charles H. Morgan, d.
7 Thomas T. Crittenden, d.
8 Benjamin J. Franklin, d.
9 David Rea, d.
10 Henry Pollard, r.
11 John B. Clark, jr., d.
12 John M. Glover, d.
13 Aylett H. Buckner, d.

NEBRASKA.

Frank Welch, r.

NEVADA.

Thomas Wren, r.

NEW HAMPSHIRE.

1 Frank Jones, d.
2 James W. Briggs, r.
3 Henry W. Blair, r.

NEW JERSEY.

1 Clem H. Sinnickson, r.
2 J. Howard Pugh, r.
3 Miles Ross, d.
4 Alvah A. Clark, d.
5 Augustus W. Cutler, d.
6 Thomas B. Peddie, r.
7 A. A. Hardenbergh, d.

NEW YORK.

1 James W. Covert, d.
2 William D. Veeder, d.
3 S. B. Chittenden, r.
4 Arch M. Bliss, d.
5 Nicholas Muller, d.
6 Samuel S. Cox, d.
7 Anthony Eickhoff, d.
8 Anson G. McCook, r.
9 Fernando Wood, d.
10 Abram S. Hewitt, d.
11 Benjamin A. Willis, d.
12 Clarkson N. Potter, d.
13 John H. Ketcham, r.
14 George M. Beebe, d.
15 Stephen L. Mayhan, d.
16 Terrence J. Quinn, d.
17 Martin I. Townsend, r.
18 Andrew Williams, r.
19 Amaziah B. James, r.
20 John H. Starin, r.
21 Solomon Bundy, r.
22 George A. Bagley, r.
23 William J. Bacon, r.
24 William H. Baker, r.
25 Frank Hiscock, r.
26 John H. Camp, r.
27 Eldrige C. Lapham, r.
28 Jeremiah W. Dwight, r.
29 John N. Hungerford, r.
30 E. Kirke Hart, d.
31 Charles B. Benedict, d.
32 Daniel N. Lockwood, d.
33 George W. Patterson, r.

NORTH CAROLINA.

1 Jesse J. Yeates, d.
2 Curtis H. Brogden, r.
3 Alfred M. Waddell, d.
4 Joseph J. Davis, d.
5 Alfred M. Scales, d.
6 Walter L. Steele, d.
7 William M. Robbins, d.
8 Robert B. Vance, d.

OHIO.

1 Milton Sayler, d.
2 H. B. Banning, d.
3 Mills Gardner, r.
4 John A. McMahon, d.
5 Americus V. Rice, d.
6 Jacob D. Cox, r.
7 Henry L. Dickey, r.
8 J. Warren Keifer, r.
9 John S. Jones, r.
10 Charles Foster, r.
11 Henry S. Neal, r.
12 Thomas Ewing, d.
13 Milton I. Southard, d.
14 E. B. Finley, d.
15 N. H. Van Vorhes, r.
16 Lorenzo Danford, r.
17 William McKinley, r.
18 James Monroe, r.
19 James A. Garfield, r.
20 Amos Townsend, r.

OREGON.

Richard Williams, r.

PENNSYLVANIA.

1 Chapman Freeman, r.
2 Charles O’Neil, r.
3 Samuel J. Randall, d.
4 William D. Kelley, r.
5 Alfred C. Harmer, r.
6 William Ward, r.
7 Isaac W. Evans, r.
8 Hiester Clymer, d.
9 A. Herr Smith, r.
10 Samuel A. Bridges, d.
11 Frank D. Collins, d.
12 Hindrick B. Wright, d,
13 James B. Reilly, d.
14 John W. Killinger, r.
15 Edward Overton, r.
16 John I. Mitchell, r.
17 Jacob H. Campbell, r.
18 William S. Stenger, d.
19 Levi Maish, d.
20 Levi A. Mackey, d.
21 Jacob Turney, d.
22 Russell Everett, r.
23 Thomas M. Boyne, d.
24 W. S. Shallenherger, r.
25 Henry White, r.
26 John M. Thompson, r.
27 Lewis F. Watson, r.

RHODE ISLAND.

1 Benjamin T. Eames, r.
2 Latimer W. Ballou, r.

SOUTH CAROLINA.

1 Joseph Rainey, r.
2 Richard H. Cain, r.
3 D. Wyatt Aiken, d.
4 John H. Evins, d.
5 Robert Smalls, r.

TENNESSEE.

1 James H. Randolph, r.
2 J. M. Thornburgh, r.
3 George C. Dibrell, d.
4 H. T. Riddle, d.
5 John M. Bright, d.
6 John F. House, d.
7 W. C. Whitthorne, d.
8 John D. C. Atkin, d.
9 W. P. Caldwell, d.
10 H. Casey Young, d.

TEXAS.

1 John H. Reagan, d.
2 David B. Culbersen, d.
3 J. W. Throckmorton, d.
4 Roger Q. Mills, d.
5 D. C. Giddings, d.
6 Gustave Schleicher, d.

VERMONT.

1 Charles H. Joyce, r.
2 Dudley C. Dennison, r.
3 George W. Hindee, r.

VIRGINIA.

1 Beverly B. Douglas, d.
2 John Goode, jr., d.
3 Gilbert C. Walker, d.
4 Joseph Jurgenson, r.
5 George C. Cabell, d.
6 John R. Tucker, d.
7 John T. Harris, d.
8 Eppa Hunton, d.
9 A. L. Pridemore, d.

WEST VIRGINIA.

1 Benjamin Wilson, d.
2 Benjamin F. Martin, d.
3 John E. Kenna, d.

WISCONSIN.

1 Charles G. Williams, r.
2 Lucien B. Caswell, r.
3 George C. Hazelton, r.
4 William P. Lynde, d.
5 Edward S. Bragg, d.
6 Gabriel C. Bouck, d.
7 H. L. Humphrey, r.
8 Thad C. Pound, r.

TERRITORIAL DELEGATES.

ARIZONA.

H. S. Stevens, d.

DAKOTA.

J. P. Kidder, r.

IDAHO.

Stephen S. Fenn.

MONTANA.

Martin Maginnis, d.

NEW MEXICO.

Trinidad Romero, r.

UTAH.

George Q. Cannon, i.

WASHINGTON.

Orange Jacobs, r.

WYOMING.

W. W. Corlett, r.

PRESIDENTS AND VICE-PRESIDENTS OF THE UNITED STATES.

PRESIDENTS.
YEAR OF QUAL. NAME. WHERE FROM. TERM OF OFFICE.
Y. M. D.
1789 George Washington Virginia 8 -- --
1797 John Adams Massachusetts 4 -- --
1801 Thomas Jefferson Virginia 8 -- --
1809 James Madison Virginia 8 -- --
1817 James Monroe Virginia 8 -- --
1824 John Quincy Adams Massachusetts 4 -- --
1829 Andrew Jackson Tennessee 8 -- --
1837 Martin Van Buren New York 4 -- --
1841 William Henry Harrison[83] Ohio -- 1 --
1841 John Tyler Virginia 3 11 --
1845 James Knox Polk Tennessee 4 -- --
1849 Zachary Taylor[84] Louisiana 1 4 5
1850 Millard Fillmore New York 2 7 26
1853 Franklin Pierce New Hampshire 4 -- --
1857 James Buchanan Pennsylvania 4 -- --
1861 Abraham Lincoln[85] Illinois 4 1 10
1865 Andrew Johnson Tennessee 3 10 20
1869 Ulysses S. Grant Illinois 8 -- --
1877 Rutherford B. Hayes Ohio -- -- --

VICE-PRESIDENTS.

YEAR OF QUAL. NAME. WHERE FROM.
1789 John Adams Massachusetts.
1797 Thomas Jefferson Virginia.
1801 Aaron Burr New York.
1804 George Clinton New York.
1813 Elbridge Gerry Massachusetts.
1817 Daniel D. Tompkins New York.
1824 John C. Calhoun South Carolina.
1833 Martin Van Buren New York.
1837 Richard M. Johnson Kentucky.
1841 John Tyler Virginia.
1842 Samuel L. Southard New Jersey.
1845 George M. Dallas Pennsylvania.
1849 Millard Fillmore New York.
1851 William R. King Alabama.
1853 David R. Atchison Missouri.
1855 Jesse D. Bright Indiana.
1857 John C. Breckinridge Kentucky.
1861 Hannibal Hamlin Maine.
1865 Andrew Johnson Tennessee.
1865 Lafayette C. Foster Connecticut.
1869 Schuyler Colfax Indiana.
1873 Henry Wilson[86] Massachusetts.
1875 Thomas W. Ferry Michigan.
1877 William A. Wheeler New York.

THE STATES AND TERRITORIES OF THE UNION.

--------------------------------++-------------------------------------------------------------------------------------------------------------
APPORTIONMENT FOR CONGRESSMEN. || STATE GOVERNMENTS.
----------------+---------+-----++------------------+------------------------+------------+--------+------------------------+------------------
STATES. (38) AREA, |TOT’L|| CAPITALS. | GOVERNORS. | TERM | SAL. | LEGISLATURES MEET. | STATE
SQ. MLS.|MEM. || | | EXPIRES. | | | ELECTIONS.
----------------+---------+-----++------------------+------------------------+------------+--------+------------------------+------------------
Alabama | 50,722 | 8 || Montgomery |George S. Houston | Nov., 1879 | $3,000 |3 M. Nov. |1 Monday Aug.
Arkansas | 52,198 | 4 || Little Rock |William R. Miller | Jan., 1881 | 3,500 |[88]1 T. a. 2 M. Jan. |[88]1 Monday Sept.
California | 188,981 | 4 || Sacramento |William Irwin | Dec., 1879 | 7,000 |[88]1 M. Dec. |[88]1 Wed. Sept.
Colorado | 105,000 | 1 || Denver |[87]John L. Routt | Jan., 1879 | 3,000 |[88] 1 W. Jan. |1 Tuesday Oct.
Connecticut | 4,750 | 4 || Hartford |Richard D. Hubbard | Jan., 1879 | 2,000 |1 W. Jan. |[88]T. a 1 M. Nov.
Delaware | 2,120 | 1 || Dover |John P. Cochran | Jan., 1879 | 2,000 |[88]1 Tu. Jan. |[88]T. a 1 M. Nov
Florida | 59,248 | 2 || Tallahassee |George F. Drew | Jan., 1881 | 3,500 |[88]1 T. a. 1 M. Jan |[88]T. a 1 M. Nov.
Georgia | 58,000 | 9 || Atlanta |Alfred H. Colquitt | Jan., 1881 | 4,000 |[88]2 W. Jan. |[88]1 Wed. Oct.
Illinois | 55,410 | 19 || Springfield |[87]Shelby M Cullom | Jan., 1881 | 5,000 |[88]1 M. Jan. |[88]T. a 1 M. Nov.
Indiana | 33,800 | 13 || Indianapolis |James D. Williams | Jan., 1881 | 3,000 |[88]1 W. Jan. |[88]2 Tuesday Oct.
Iowa | 55,045 | 9 || Des Moines |[87]Samuel J. Kirkwood | Jan., 1878 | 2,500 |[88]2 M. Jan. |[88]2 Tuesday Oct.
Kansas | 88,318 | 3 || Topeka |[87]George T. Anthony | Jan., 1881 | 3,000 |[88]2 Tu. Jan. |[88] T. a 1 M. Nov.
Kentucky | 37,680 | 10 || Frankfort |James T. McCreary | Sept., 1879| 5,000 |[88]1 M. Dec. |[88]1 Monday Aug.
Louisiana | 41,346 | 6 || New Orleans |Francis T. Nicholls | Jan., 1881 | 8,000 | 1 M. Jan. | 1 Monday Nov.
Maine | 35,000 | 5 || Augusta |[87]Selden Connor | Jan., 1878 | 2,500 | 1 W. Jan. | 2 Monday Sept.
Maryland | 11,124 | 6 || Annapolis |John Lee Carroll | Jan., 1880 | 4,000 |[88]1 W. Jan. |[88]T. a 1 M. Nov.
Massachusetts | 7,800 | 11 || Boston |[87]Alexander H. Rice | Jan., 1878 | 5,000 | 1 W. Jan. | T. a 1 M. Nov.
Michigan | 56,451 | 9 || Lansing |[87]Charles M. Crosswell| Jan., 1881 | 1,000 |[88]1 W. Jan. |[88]T. a 1 M. Nov.
Minnesota | 83,531 | 3 || St. Paul |[87]John S. Pillsbury | Jan., 1878 | 3,000 | 1 T. a. 1 M. Jan | T. a 1 M. Nov.
Mississippi | 47,156 | 6 || Jackson |John M. Stone | Jan., 1878 | 3,000 |[88]1 M. Jan. |[88]T. a 1 M. Nov.
Missouri | 65,350 | 13 || Jefferson City |John S. Phelps | Jan., 1881 | 5,000 |[88] Last M. Dec. |[88]T. a 1 M. Nov.
Nebraska | 75,995 | 1 || Lincoln |[87]Silas Garber | Jan., 1879 | 1,000 |[88]1 Th. a 1 M. Jan |[88]2 Tuesday Oct.
Nevada | 81,539 | 1 || Carson City |L. R. Bradley | Jan., 1878 | 6,000 |[88]1 M. Jan |[88]T. a 1 M. Nov.
New Hampshire | 9,280 | 3 || Concord |[87]B. F. Prescott | June, 1878 | 1,000 |[88]1 M. June | 2 Tuesday Mar.
New Jersey | 8,320 | 7 || Trenton |Joseph D. Bedle | Jan., 1879 | 3,000 | 2 Tu. Jan | T. a 1 M. Nov.
New York | 47,000 | 33 || Albany |Lucius Robinson | Jan., 1880 | 10,000 | 1 Tu. Jan |T. a 1 M. Nov.
North Carolina | 50,704 | 8 || Raleigh |Zebulon B. Vance | Jan., 1881 | 4,000 |[88]W a. 1 M. Jan |[88]T. a 1 M. Nov.
Ohio | 39,964 | 20 || Columbus |[87]Thomas L. Young | Jan., 1878 | 4,000 |[88]1 M. Jan. | 2 Tuesday Oct.
Oregon | 95,274 | 1 || Salem |Lafayette F. Grover | June, 1878 | 1,500 |[88]2 M. Sept. |[88]1 Monday June
Pennsylvania | 46,000 | 27 || Harrisburg |[87]John F. Hartranft | Jan., 1879 | 10,000 |[88]1 Tu. Jan. | T. a 1 M .Nov.
Rhode Island | 1,306 | 2 || Newp’t & Pro. |[87]---- Van Zandt | May, 1878 | 1,000 | M. and Jan. | 1 Wed. April.
South Carolina | 34,000 | 5 || Columbia |Wade Hampton | Jan., 1881 | 3,500 | 4 M. Nov. | T. a 1 M. Nov.
Tennessee | 45,600 | 10 || Nashville |James D. Porter | Jan., 1878 | 4,000 |[88]1 M. Jan. |[88]T. a 1 M. Nov.
Texas | 274,356 | 6 || Austin |Richard Coke | Jan., 1878 | 5,000 |[88]2 Tu. Jan. |[88]3 Tuesday Feb.
Vermont | 10,212 | 3 || Montpelier |[87]Horace Fairbanks | Oct., 1878 | 1,000 |[88]1 W. Oct. |[88]1 Tuesday Sept.
Virginia | 38,352 | 9 || Richmond |James L. Kemper | Jan., 1878 | 5,000 |[88]1 W. Dec. |[88] T. a 1 M. Nov.
West Virginia | 23,000 | 3 || Wheeling |Henry M. Matthews | Mar., 1881 | 2,700 |[88]2 W. Jan |[88]2 Tuesday Oct.
Wisconsin | 53,924 | 8 || Madison |[87]Harrison Ludington | Jan., 1878 | 5,000 | 2 W. Jan | T. a 1 M. Nov.

Total 293

TERRIT’S. CAPITALS. GOVERNORS.
Alaska Sitka Not organized
Arizona Tucson C. E. G. French
Dakota Yankton J. L. Pennington
Idaho Boise City Mason Brayman
Indian Tahlaquah Not organized
Montana Helena Benj. F. Potts.
N. Mexico Santa Fe Sam. B. Axtell
Utah Salt L. City Geo. W. Emery.
Washingt’n Olympia Elisha P. Ferry.
Wyoming Cheyenne John M. Thayer.

FOREIGN GOVERNMENTS.

COUNTRY. CAPITAL. NAME OF RULER. TITLE. POPULAT’N. SQ MLS.
Abyssinia Magdala Johannes I King 40,000,000 175,000
Afghanistan Candahar Shere Ali Shah 7,000,000 300,000
Anam (Cochin-China) Ketcho Tu Duc King 13,500,000 600,000
Andorra Andorra A. Queradra 1st Syndic 20,000 190
Argentine Republic Buenos Ayres Senor Avellameda President 1,877,500 1,000,000
Austria Vienna Francis Joseph I Emperor 35,019,058 258,000
Belgium Brussels Leopold II King 5,253,821 12,500
Beloochistan Kelat Mir Nasa Khan Khan 2,000,000 160,000
Brazil Rio de Janeiro Pedro II Emperor 10,300,000 3,000,000
Bokhara Bokhara Mozaflar ed. di. Khan 2,000,000 235,000
Bolivia La Paz Adolpho Ballivian President 1,987,352 318,000
Borneo Abdul Mumem Sultan 1,750,000 300,000
Burman Empire Monchoboo Mendoonmen King 8,000,000 200,000
Chili Santiago Errazuriz President 2,074,000 144,000
China Pekin Tsaeteen Emperor 415,000,000 5,300,000
Costa Rica San Jose J. M. Guardia President 185,000 16,250
Dahomey Dahomey Adahoonzon King 300,000 --
Denmark Copenhagen Christian IX King 1,861,000 14,616
Egypt Cairo Ismail Pasha Khedive 5,800,000 175,800
Ecuador Quito Don Antonio Borrero President 1,100,000 300,000
Fiji Islands Ovalan Ceded to Great Britain King 250,000 --
France Paris Marshal MacMahon President 36,102,921 204,825
German Empire }
Prussia } Berlin William Emperor 30,000,000 746,042
Saxony and States }
Lubeck } 52,158 5.21
Hamburg } Free towns 122,565 4.76
Bremen } 338,974 7.44
Bavaria } Munich Ludwig II King 4,689,000 26,500
Wurtemberg } Stuttgart Charles I King 1,785,982 7,600
Baden } S. Ger’y Carlsruhe Frederic Grand Duke 1,435,000 5,712
Hesse-Darmstadt } Darmstadt Louis III Grand Duke 852,000 13,964
Alsace-Lorraine } 1,549,459 25,706

Great Britain London Victoria Queen 29,307,199 121,115
Greece Athens George I King 1,457,894 19,950
Guatemala Guatemala Don I. Rufino Barrios President 1,200,000 15,000
Hayti Port au Prince Gen. B. Canal President 960,000 11,718
Honduras Comayague Gen. J. M. Medina President 350,000 47,090
Italy Rome Victor Emanuel II King 26,796,149 98,154
Japan Tokio Mutsuhito Emperor 33,110,825 266,500
Khokan Khokan Khan 1,000,000 --
Liberia Monrovia Jas. S. Payne President 625,000 --
Madagascar Tananarivo Ramavolo II Queen 3,000,000 225,000
Mexico Mexico Gen. Porfirio Diaz President 9,173,052 846,615
Montenegro Cetigne Nicholas I Hospodar 100,000 450,000
Mosquito Blewfields Tamaso King 34,000 --
Morocco Fez Mulai Hassan Sultan 7,000,000 25,000
Muscat Muscat Seyyed Toorkee bin Said Imaum 1,500,000 176,000
Netherlands Amsterdam William III King 3,652,072 12,685
New Granada Bogota Don Santiago Perez President 3,000,000 333,000
Nicaragua Managua Don Vicente Cuadra President 235,000 57,000
Norway Christiana Oscar II. of Sweden 1,753,000 121,000
Orange Free States Bloemfontein I. H. Brand President 50,000 70,000
Paraguay Asuncion John B. Gill President 1,400,000 85,000
Persia Teheren ---- Nassir ed. Deen Shah 8,000,000 648,000
Peru Lima Senor Manuel Prado President 3,374,000 558,000
Portugal Lisbon Luis I King 4,435,000 34,491
Roumania Bucharest Charles Hospodar 2,500,000 27,500
Russia St. Petersburg Alexander II Emperor 85,685,245 7,710,882
Sarawak Kuching Charles Brooke Santiago Rajah 200,000 --
Sandwich Islands Honolulu David Kalakaua King 73,000 6,500
San Salvador San Salvador Senor Andres Valle President 600,000 7,500
Servia Belgrade Milan Obrenovitch Prince 1,338,505 12,600
Siam Bang Kok Chan Fa Chule Long Korn King 5,700,000 250,000
Spain Madrid Don Alfonzo XII King 16,641,984 193,508
Switzerland Berne M. Scherer President 2,269,147 15,991
Sweden Stockholm Oscar II King 4,204,771 128,776
St. Domingo San Domingo Gen. Ig. Gonzalez President 136,500 18,000,000
Turkey Constantinople Abdul Hamid II Sultan 45,000,000 2,210,000
Uruguay Montevideo Don Jose Ellauri President 450,000 75,000
Venezuela Caracas A. Guzman Blanco President 1,600,000 426,000

DIPLOMATIC OFFICERS OF UNITED STATES.

COUNTRY. NAME. TITLE. WHERE EMPLOYED. SALARY.

ARGENTINE REPUBLIC Thomas O. Osborne Minister Resident Buenos Ayres $ 7 500
AUSTRIA Edward F. Blade Envoy Ex. and M. Plen. Vienna 12 000
BELGIUM Ayres P. Merrill Minister Resident Brussels 7 500
BRAZIL James R. Partridge Envoy Ex. and M. Plen. Rio Janeiro 12 000
CHILI Cornelius A. Logan Envoy Ex. and M. Plen. Santiago 10 000
CHINA George F. Seward Envoy Ex. and M. Plen. Pekin 12 000
FRANCE Elihu B. Washburne Envoy Ex. and M. Plen. Paris 17 500
GREAT BRITAIN Edwards Pierrepont Envoy Ex. and M. Plen. London 17 500
CENTRAL AMERICAN STATES George Williamson Minister Resident Guatamala 10 000
HAWAIIAN ISLANDS Henry A. Pierce Minister Resident Honolulu 7 500
HAYTI E. D. Basset Min. Res. and Con. Gen. Pt. an Prince 7 500
ITALY George P. Marsh Envoy Ex. and M. Plen. Florence 12 000
JAPAN John A. Bingham Envoy Ex. and M. Plen. Yeddo 12 000
LIBERIA James M. Turner Min. Res. and Con. Gen. Monrovia 4 000
MEXICO John W. Foster Envoy Ex. and M. Plen. Mexico 12 000
NETHERLANDS James Birney Minister Resident The Hague 7 500
PERU Richard Gibbs Envoy Ex. and M. Plen. Lima 10 000
GERMAN EMPIRE J. C. Bancroft Davis Envoy Ex. and M. Plen. Berlin 17 500
RUSSIA George H. Boker Envoy Ex. and M. Plen. St. Petersburg 17 500
SPAIN Caleb Cushing Envoy Ex. and M. Plen. Madrid 12 000
SWEDEN AND NORWAY C. C. Andrews Minister Resident Stockholm 7 500
TURKEY Horace Maynard Minister Resident Constantinople 7 500
VENEZUELA Thomas Russell Minister Resident Caracas 7 500

POST-OFFICES IN COLORADO.

Corrected to June 1, 1877.

NOTE--Those printed in SMALL CAPITALS indicate County Seats.

POST-OFFICE COUNTY.

Acequia Douglas.
Alma Park.
Alpine Lake.
Animas City San Juan.
Animas Forks San Juan.
Antelope Springs Hinsdale.
Apishapa Las Animas.
Arroya Elbert.
Arvada Jefferson.
Badito Huerfano.
Bald Mountain Gilpin.
Barela Las Animas.
Barnum Saguache.
Bear Canyon Douglas.
Beaver Brook Jefferson.
Bennet Arapahoe.
Bent Canyon Las Animas.
Beulah Pueblo.
Big Sandy El Paso.
Big Thompson Larimer.
Bijou Basin El Paso.
Bismark Saguache.
Black Hawk Gilpin.
Booneville Pueblo.
BOULDER Boulder.
Box Elder Larimer.
BRECKINRIDGE Summit.
Brookvale Clear Creek.
Buffalo Weld.
Buffalo Springs Park.
Burrow’s Park Hinsdale.
Butte Valley Huerfano.
Byers Arapahoe.
CANON CITY Fremont.
Capitol City Hinsdale.
Caribou Boulder.
Carr Weld.
CASTLE ROCK Douglas.
CENTRAL CITY Gilpin.
Centreville Lake.
Cherry Creek Arapahoe.
Cheyenne Wells Bent.
Cleora Lake.
Coal Creek Fremont.
Cochetopa Saguache.
Colfax Fremont.
Colorado City El Paso.
COLORADO SPRINGS El Paso.
CONEJOS Conejos.
Corona Weld.
Cotton Creek Saguache.
Creswell Jefferson.
Crisman Boulder.
Cucharas Huerfano.
Currant Creek Fremont.
Deer Trail Arapahoe.
Deer Valley Park.
DEL NORTE Rio Grande.
DENVER Arapahoe.
Divide Lake.
Douglas Douglas.
Dudley Park.
Eagle Rock Boulder.
Easton El Paso.
Edgerton El Paso.
Elbert Elbert.
Elmoro Las Animas.
El Paso El Paso.
Empire City Clear Creek.
Erie Weld.
Estes Park Larimer.
Eureka San Juan.
EVANS Weld.
Evergreen Jefferson.
FAIRPLAY Park.
Florence Fremont.
Florrissant El Paso.
FORT COLLINS Larimer.
Fort Garland Costilla.
Fort Lupton Weld.
Fort Lyon Bent.
Fountain El Paso.
Franktown Douglas.
Fraser Grand.
Galena Fremont.
Gardener Huerfano.
GEORGETOWN Clear Creek.
Glen Grove Douglas.
GOLDEN Jefferson.
Gomer’s Mills Elbert.
Granada Bent.
GRANITE Lake.
Grant Park.
Greeley Weld.
Greenhorn Pueblo.
Greenland Douglas.
Greenwood Fremont.
Gunnison Lake.
Hahn’s Peak Routt.
Hall Valley Park.
Hamilton Park.
Hartsel Park.
Hayden Grand.
Helena Lake.
Hermosa La Plata.
Higbee Bent.
Hillsborough Weld.
Hortense Lake.
Hot Springs Ouray.
HOT SULPHUR SPRINGS Grand.
Howardsville San Juan.
Huerfano Pueblo.
Hughes Arapahoe.
Hugo Elbert.
Hutchinson Jefferson.
Idaho Springs Clear Creek.
Island Station Arapahoe.
Jackson Pueblo.
Jamestown Boulder.
Jennison Hinsdale.
Julesburg Weld.
Juniata Pueblo.
Kester Park.
KIOWA Elbert.
Kit Carson Bent.
Lajara Conejos.
La Junta Bent.
LAKE CITY Hinsdale.
La Porte Larimer.
Lark Spur Douglas.
Las Animas Bent.
La Veta Huerfano.
Left Hand Boulder.
Lincoln City Summit.
Linwood Las Animas.
Little Thompson Larimer.
Littleton Arapahoe.
Livermore Larimer.
Longmont Boulder.
Los Pinos San Juan.
Magnolia Boulder.
Mahonville Lake.
Malta Lake.
Manitou El Paso.
Mill City Clear Creek.
Mineral Point San Juan.
Modoc Boulder.
Montezuma Summit.
Monument El Paso.
Morrison Jefferson.
Muddy Creek Pueblo.
Namaqua Larimer.
Nederland Boulder.
Nepesta Pueblo.
New Liberty Weld.
Ni Wot Boulder.
Oro City Lake.
Orodelfan Boulder.
Osage Avenue Pueblo.
Ouray San Juan.
O. Z. El Paso.
PARROTT La Plata.
Pella Boulder.
Petersburg Arapahoe.
Piedra Rio Grande.
Pine Grove Douglas.
Platte Valley Weld.
Platteville Weld.
Pleasant Valley Fremont.
Poncho Springs Lake.
Preston Summit.
PUEBLO Pueblo.
Pulaski Las Animas.
Rito Alto Saguache.
River Bend Elbert.
Riverside Lake.
Rock Cliff Saguache.
Rock Ridge Douglas.
Rock Park.
Rocky Ford Bent.
Rollinsville Gilpin.
Rosita Fremont.
Running Creek Elbert.
Russell Costilla.
SAGUACHE Saguache.
Saint Charles Pueblo.
Saint Mary’s Huerfano.
Saints John Summit.
Salina Boulder.
Sangre de Christo Saguache.
San Isabel Saguache.
San Jose Las Animas.
San Juan Hinsdale.
SAN LUIS Costilla.
Santa Clara Huerfano.
Sarinda Weld.
Sedalia Douglas.
Silver Plume Clear Creek.
SILVERTON San Juan.
South Fork Rio Grande.
South Park Park.
South Platte Weld.
South Pueblo Pueblo.
South Side Bent.
Southwater El Paso.
Spanish Bar Clear Creek.
Spring Valley Douglas.
Sterling Weld.
Sugar Loaf Boulder.
Summit Rio Grande.
Summit Park El Paso.
Sunshine Boulder.
Table Rock El Paso.
Tellurium Hinsdale.
Texas Creek Fremont.
The Meadows Bent.
TRINIDAD Las Animas.
Ula Fremont.
Valmont Boulder.
Villa Grove Saguache.
Virginia Dale Larimer.
Wagon Wheel Gap Rio Grande.
WALSENBURG Huerfano.
Ward District Boulder.
Wareville Ouray.
Warrantsville Huerfano.
Wayside Costilla.
Webster Park.
Weissport El Paso.
WEST LAS ANIMAS Bent.
Wheatland Larimer.
White Earth Saguache.
White River Summit.
Windsor Routt.
Yorkville Fremont.

COUNTIES OF COLORADO.

AREA, POPULATION AND VALUATION-1877.

COUNTY. AREA, SQ. MLS. POPULATION. VALUATION.

ARAPAHOE 4,860 28,000 $11,471,506
BENT 9,408 4,000 2,817,539
BOULDER 794 12,000 2,883,393
COSTILLA 1,684 2,000 223,078
CONEJOS 2,554 2,000 80,871
CLEAR CREEK 468 10,000 1,953,069
[89]CUSTER 774 . . . . . .
DOUGLAS 833 3,500 1,122,469
EL PASO 2,667 5,750 2,879,265
ELBERT 6,270 1,500 1,684,502
FREMONT 1,800 5,250 1,564,657
GILPIN 158 8,800 2,237,356
GRAND 4,278 1,000 73,731
[89]GUNNISON 11,066 . . . . . .
HUERFANO 1,584 5,000 661,948
HINSDALE 1,528 4,000 94,708
JEFFERSON 792 5,500 1,920,443
LAKE 1,640 2,300 395,361
LARIMER 2,068 3,500 1,022,610
LAS ANIMAS 7,481 10,000 2,133,969
LA PLATA 4,095 800 84,858
[89]OURAY 2,333 . . . . . .
PARK 1,842 4,500 779,805
PUEBLO 2,384 6,500 3,850,466
RIO GRANDE 1,000 4,000 657,912
[89]ROUTT 7,266 . . . . . .
SUMMIT 8,289 2,000 181,776
SAGUACHE 3,640 2,500 710,348
SAN JUAN 726 4,000 95,950
WELD 10,718 6,000 2,548,565

TOTAL 105,000 144,900 44,130,205

The above valuations are the county assessments as required by law, and
do not include mines which are not taxable for ten years.

BIOGRAPHICAL SKETCHES OF THE COLORADO CONGRESSIONAL DELEGATION.

STATE OFFICERS AND MEMBERS OF THE GENERAL ASSEMBLY

UNITED STATES SENATORS.

JEROME B. CHAFFEE, of Denver, Arapahoe county, was born in Niagara
county, New York, April 17, 1825; he received an academic education;
emigrated to the west when quite young and settled in Michigan, and
afterwards in St. Joseph, Mo., where he engaged in banking; moved to
Kansas in 1857, and located at Elmwood; came to Colorado in 1860, and
settled in Gilpin county, where he became largely engaged in mining
operations, and in 1861 began his public career as representative from
that county to the first Territorial Legislature. In 1862 he was
returned to the Legislature, and in 1864 again represented the county of
Gilpin, and was chosen Speaker of the House. In 1865 he became
interested in the First National Bank of Denver, of which he has since
been the President. In the fall of this year he was chosen United States
Senator of the proposed State of Colorado. September 13, 1870, he was
elected delegate to Congress, and was re-elected in 1872. During his
terms in Congress and long before, he labored incessantly to secure the
admission of Colorado into the Union, and though failing several times,
persisted in his efforts until the 38th State was created. In 1876, he
was chosen United States Senator to the 44th and 45th Congresses. His
term expires March, 1879.

HENRY M. TELLER, of Central City, Gilpin county, was born in Allegany
county, New York, May 23, 1830. Attended school at Rushford Academy, and
pursued his studies for a considerable time at the Allegany University.
While obtaining his education, he taught school several terms, and for
seven years taught and attended school alternately. At the age of twenty
five he began the study of law under Judge M. Grover, of Angelica, New
York, with whom he remained three years; removed to Morrison, Whiteside
county, Illinois, in 1865, and began the practice of his profession,
forming a copartnership with H. A. Johnson, Esq.; has been a Republican
since 1856, and took an active part in the political campaign for
Lincoln in 1860; came to Colorado in 1861 and settled in Central City,
where he has since resided; his copartnership with Mr. Johnson, who had
preceded him in 1860, was here renewed, which has since been dissolved
by the return of Mr. Johnson to New York. In 1864 he entered into
co-partnership with his brother, the Hon. Willard Teller; was chosen
United States Senator by the General Assembly in December, 1876. His
term expires March, 1883.

REPRESENTATIVE.

JAMES B. BELFORD, of Central City, Gilpin county, was born in Lewistown,
Penn., September 28, 1837; was educated at Dickinson College; is by
profession an attorney-at-law; was admitted to the bar in 1858;
practiced law in Moniteau county, Missouri, until December, 1860;
removed to White county, Indiana, where he was elected to the
Legislature in 1866; came to Colorado in 1870, having been appointed
judge of the Supreme Court; was re-appointed in 1874, and in 1876 was
chosen Representative to the 44th and 45th Congresses. His term expires
March, 1879.

THE EXECUTIVE OFFICERS.

TERMS EXPIRE JANUARY, 1879.

GOVERNOR.

JOHN L. ROUTT, of Denver, Arapahoe county, was born in Eddyville,
Kentucky, April 25, 1827. His family emigrated to Illinois in 1833, and
settled in Hancock county. At the age of thirteen, his mother being a
widow in destitute circumstances, he was apprenticed to a carpenter and
builder in Bloomington, where he resided until he came to Colorado. He
had received the rudiments of an English education, but devoted the
leisure hours of his apprenticeship to the improvement of his mind. He
was married at the age of 19 to Miss Hester A. Woodson, who died in
1872. In 1860 he was elected sheriff of McLean county, and resigned
eighteen months afterwards to enter the army. He enlisted in the 94th
regiment Illinois volunteers, and soon rose to the rank of Captain, and
subsequently to that of Lieutenant-Colonel. Upon his return home, at the
close of the war, he was elected Treasurer of McLean county, an office
the annual collections of which amounted to half a million dollars.
After holding this position for two terms, he was appointed United
States Marshal for the Southern district of Illinois, and in 1871 was
appointed second Assistant Postmaster General. In 1874 he was married to
Miss Leila Pickrell, of Decatur, Illinois. In February, 1875, he was
appointed Governor of the Territory of Colorado, and performed the
responsible duties of that position so acceptably that in 1876 he was
elected the first Governor of the new State, receiving 14,154 votes
against 13,316 for Bela M. Hughes, Democrat.

LIEUTENANT-GOVERNOR.

LAFAYETTE HEAD of Conejos, was born in Howard county, Missouri, April
19, 1825; received a common school education; enlisted in the second
regiment Missouri volunteers, which distinguished itself in the Mexican
war, in several battles which were fought in 1846, at La Canado, El
Embuda, Taos and Santa Clara Springs. Upon the expiration of his
military service he settled in New Mexico, and in 1849 engaged in
mercantile pursuits at Abiquiu. He was appointed United States Marshal
for the Northern District of New Mexico, and held that position for
nearly three years. In 1861 he was elected sheriff of Rio Arriba county
for the term of two years. In 1853 he was elected Representative from
Rio Arriba county to the Legislature, which convened at Santa Fe. In
1855 he was commissioned Lieutenant in Col. St. Vrain’s regiment of
volunteers, which served for six months against the Ute and Apache
Indians. In 1856 he was elected from Taos to the Legislature and was
subsequently chosen representative to fill the vacancy created in the
Council by Benito Valdez, and was re-elected in 1857, and was chosen
President of that body. In 1859 he was appointed special agent of the
Ute and Apache Indians, and held that office for nine years. In 1874 he
was elected from Conejos county to the Colorado Legislature as member of
the Council. In 1875 he was chosen a delegate to the Constitutional
Convention. In 1876, at the first State election, he was chosen
Lieutenant-Governor, receiving 14,191 votes against 13,093 for Michael
Beshoar, Democrat.

SECRETARY OF STATE.

WILLIAM M. CLARK, of Georgetown, Clear Creek county, was born in
Highland, Chester county, Penn., May 1st, 1839. At an early age, his
mother dying, he was placed in the care of his grand parents, to whom he
owes his early training. Until his sixteenth year he attended the public
schools, and then spent one year at a select school, and another year at
the State Normal School at Millersville, Penn. He afterwards taught
school until the summer of 1861, when he enlisted as a private in
company “P,” twenty-eighth regiment afterwards company “E,” one hundred
and forty-seventh regiment (Pa.) volunteers. He received several
promotions, and was captain of his company when mustered out of service
in July, 1865. His company served in the army of the Potomac, until
after the battle of Gettysburg; with Hooker’s corps, under Grant, in the
west, until after the battle of Lookout Mountain; with Sherman’s army in
the campaign from Chattanooga to Atlanta, and in its march to the sea;
and in the campaign from Savannah to Raleigh, which resulted in
Johnston’s surrender after the fall of Richmond. In the spring of 1866
he arrived in Clear Creek county, Colorado, where he has since resided.
He engaged in mining and soon became a prominent citizen. In 1867 he was
elected Superintendent of Schools, and was afterwards elected to the
same office for two different terms. In the same year he was appointed
Clerk of the District Court and Master in Chancery, and held these
offices until 1874, when he was chosen to represent the counties of
Clear Creek and Summit in the tenth session of the Territorial
Legislature. Early in 1874, he was appointed Brigadier General of
Colorado militia, which position he held until the last general
election, having been re-appointed by Gov. Routt in 1875; he was elected
a member of the Constitutional Convention and held the important
position of Chairman of the Committee on Mines and Mining. At the
Republican Convention in Pueblo, General Clark was nominated by
acclamation for the office of Secretary of State, and the election
returns evinced the wisdom of the Convention, as he ran largely ahead of
his ticket in almost every county in the State, receiving 14,582 votes
against 12,843 for James T. Smith, Democrat.

STATE TREASURER.

GEORGE C. CORNING, of Boulder, Boulder county, was born in Painesville,
Ohio, on the second day of April, 1837; was educated at Kenyon College,
Gambier, Ohio; is by occupation a banker; in 1868 organized the Bank of
Topeka, at Topeka, Kansas, and for three years was president of that
institution; came to Colorado in 1870, settled at Boulder and engaged in
the banking business; in 1876 he was elected State Treasurer, receiving
14,038 votes against 13,310 for Thomas M. Field, Democrat.

STATE AUDITOR.

DAVID C. CRAWFORD, of Colorado Springs, El Paso county, was born in
London, Canada West, September 5th, 1836. Shortly after the family
migrated to Kalamazoo county, Michigan. Until his twelfth year he
attended the public schools, and for two years after the Academy at
Kalamazoo. Here until 1856 he occupied the position of clerk in a
hardware store. He then moved to La Crosse, Wisconsin, and engaged in
the jewelry business under the firm name of Stanley & Crawford; came to
Colorado in May, 1860, and engaged in mining in Gilpin and Boulder
counties, and in 1862 opened a general merchandise store in Musquito,
Park county, and there continued his mining pursuits. In the summer of
1865, and the summer following, he cultivated a farm in Jefferson
county. In the fall of 1867 he was elected Clerk and Recorder of
Jefferson county, and was twice re-elected. In the fall of 1870 he was
married to Miss Amanda J. Thornton, of Golden. Real estate and insurance
claimed his attention until 1875, when he became the proprietor of the
Crawford House at Colorado Springs. In October, 1876, he was elected
State Auditor, receiving 14,117 votes against 13,295 for J. K. Benedict,
Democrat.

ATTORNEY-GENERAL.

ARCHIBALD J. SAMPSON, of Canon City, Fremont county, was born near the
town of Cadiz, Ohio, June 21, 1839. His early life was devoted to
farming, a pursuit which his parents, who were of Irish-Welch descent,
followed for a livelihood. He graduated at Mount Union College in 1861,
and at once entered as a volunteer in an Ohio regiment to do battle for
the preservation of the Union. He was soon promoted to a captaincy, but
in 1864, at Hatcher’s Run, Virginia, he was disabled for life and
discharged from the service. He returned to Cadiz, and in 1864 was
admitted to the bar, then entered the Cleveland Law School, at which he
graduated in 1865. In 1866 he migrated to Missouri, and settled at
Sedalia. On October 18th of this year, he married the daughter of Judge
Allen C. Turner, of Cadiz, his native place. In 1872 he was unanimously
nominated in Pettis county, Missouri, for the Legislature, but declined,
preferring to continue the practice of his profession without
interruption. He was attorney for the State Board of Education for the
Fifth Congressional District of Missouri; in February, 1873, was
nominated by the President and confirmed by the Senate United States
Consul to Palestine, but again declined; was Presidential elector in
Missouri in 1872; came to Colorado in 1874, and settled in Canon City,
where he continued the practice of law until 1876, when he was elected
Attorney-General, receiving 14,145 votes against 13,182 for G. Q.
Richmond, Democrat.

SUPERINTENDENT OF PUBLIC INSTRUCTION.

JOSEPH C. SHATTUCK, of Greeley, Weld county, was born at Marlborough,
Cheshire county, New Hampshire, February 28, 1835. He attended
Westminster Seminary, Vermont, and afterwards the Wesleyan University,
Middletown, Conn., joining the class of ’61, but left without completing
the course; was married to Miss Hattie M. Knight, of Marlborough, August
17, 1858; went to Missouri and engaged in teaching; came to Colorado in
1870 with the Union Colony, of which he afterwards became vice-president
and general manager, occupying that position from 1872 until November,
1876, when he resigned to assume the duties of his present office. He
was elected to the Territorial Legislature of 1874, and in 1876 to the
office of Superintendent of Public Instruction, receiving 14,304 votes
against 12,473 for G. B. Groesbeck, Democrat.

COLORADO LEGISLATURE.

SENATE.

LAFAYETTE HEAD, Lt. Governor, President; GEO. T. CLARK, Secretary. The
Senate consists of twenty-six members, who hold their office for four
years and receive a compensation of four dollars for each day’s
attendance.

GEORGE T. CLARK, (Rep.), of Denver, Arapahoe county, was born in
Douglas, Worcester county, Mass., February 24, 1873; received a common
school education; moved to Wisconsin in 1849, and to Colorado in the
spring of 1860; was agent at Denver of the Western Stage Company and
Henckley & Co.’s Express until 1861; was connected with Clark, Gruber &
Co.’s Banking House and Mint, and was appointed Treasurer of the
Territory of Colorado by Governor Gilpin; was also Treasurer of Arapahoe
county and the city of Denver in 1863, and became partner in the banking
house of Clark & Co.; was a member of the Constitutional Conventions of
1864-5; was elected Mayor of Denver in 1865, and with Hon. Jerome B.
Chaffee, organized the First National Bank of Denver, of which he was
Cashier, until October 1, 1866, when he took charge of the banking house
of George T. Clark & Co., at Central and Georgetown. He was Assistant
Secretary of the Legislative Council of 1870, and was appointed
Territorial Treasurer by Gov. McCook, and re-appointed in 1872; was
delegate to every Republican Convention held in the Territory; was
Secretary of the State Republican Central Committee in the campaign of
1876, and was chosen Secretary of the Senate November 1, 1876.

First District consists of Weld county. Population, 6,000.

SILAS B. A. HAYNES, (Rep.), of Greeley, was born in Livermore,
Androscoggin county, Maine, September 30, 1828; received his education
at the Monmouth Academy and at the Maine Wesleyan Seminary; is by
profession an attorney-at-law; migrated to Wisconsin and settled at
Green Bay, where he became associated in his profession with James
Howe, Esq., afterwards Attorney-General of that State. At the
commencement of the war of the rebellion he entered the army, receiving
an appointment in the paymaster’s department with the rank of Major, and
was mustered out of service with the rank of Lieutenant-Colonel. He then
made Milwaukee his home. Two years afterwards he was appointed an
officer of the United States Senate, which position he held four years;
came to Colorado in 1871 and located at Greeley; was Probate Judge of
Weld county for three years; was elected to the Senate, receiving 742
votes against 498 for David C. Wyatt, Democrat.

Second District consists of Larimer county. Population, 3,500.

NORMAN H. MELDRUM, (Rep.), of Fort Collins, was born in Caledonia,
Livingston county, New York, October 11, 1841; he received a common
school education. In 1861 he enlisted as a private in company B, 100th
regiment, New York infantry; served under General McClellan through the
Chickahominy campaign, and participated in the battles of Williamsburg,
Fair Oaks and the Seven Days’ Fight. He was subsequently commissioned
second Lieutenant in the 21st regiment New York cavalry, and did service
in the Shenandoah Valley; was aide on the staff of General Hunter during
his raid to Lynchburg; shared in the valley campaigns under Sheridan,
and was present in eighteen general engagements. At the close of the war
he was ordered to Colorado, and was mustered out of service as Captain,
July 13, 1866; was City Treasurer of Cheyenne in 1867, and Assessor of
Larimer county for two years; was a member of the last Territorial
Legislature, and on October 3, 1876, was elected to the First State
Legislature, receiving 332 votes against 313 for William C. Stover,
Democrat.

Third District consists of Boulder county, and has two Senators.
Population, 12,000.

JAMES P. MAXWELL, (Rep.), of Boulder, was born in Walworth county,
Wisconsin, June 20, 1839; was educated at the Lawrence University,
Wisconsin; is by occupation a civil engineer; came to Colorado in June,
1860; represented the county of Boulder in the Legislature of 1872, and
again in 1874; was a member of the School Board for two years, and was
appointed Deputy United States Land Surveyor in 1872, and still holds
that position. In 1876 he was elected to the Senate of the first State
Legislature, receiving 1,484 votes, against 1,039 for J. C. Hummel,
Democrat.

THEODORE O. SAUNDERS, (Rep.), of Sunshine, was born in Augusta, Kennebec
county, Maine, August 5, 1810. Until his 22d year he attended at
intervals the public schools and then entered Waterville College, Maine,
but at the close of the second year, was obliged, through ill health, to
desist from his studies. He spent nearly twenty years in Waterville, and
was chosen Chairman of the Board of Select-men, was Grand Treasurer and
Grand Worthy Associate, and was offered the Patriarchship in the Order
of the Sons of Temperance. During the war of the rebellion he enlisted
as a private, but was shortly afterwards promoted to Orderly Sergeant,
and served for nearly two years when he was discharged on account of
sickness. He came to Colorado in 1866, and settled in Douglas county,
where he held the office of Justice of the Peace for two years; was
delegate to the Republican Convention at Boulder in 1876, and was
nominated by that body as a candidate to represent the county of Boulder
in the first State Legislature. On October the 3d, 1876, he was elected
to the Senate, receiving 1,438 votes against 1,028 for A. D. Miles,
Democrat.

Fourth District, consists of Gilpin county. Population 9,000.

LEWIS C. ROCKWELL, (Rep.), of Central City, was born in Esperance,
Schoharie county, New York, in 1840; was educated at the High School in
Beloit, Wisconsin; came to Colorado in 1862; is by profession an
attorney-at-law; in 1869 he was appointed United States District
Attorney for Colorado, which position he held for four years. In 1875 he
represented the county of Gilpin in the Constitutional Convention, and
in 1870 he was again chosen from Gilpin county to the Senate of the
first State Legislature, receiving 1,011 votes against 757 for John C.
McShane, Democrat.

Fifth District, consists of the counties of Gilpin, Summit and Grand.
Population 11,800.

WILLIAM W. WEBSTER, (Rep.), of Montezuma, was born in Wellington, Lorain
county, Ohio, November 26, 1835; was educated at the public schools of
his native State; is by occupation a stock-raiser and miner; came to
Colorado in June, 1859; represented the county of Summit in the
Legislature of 1866; was elected to the Council in 1868 of which he was
the presiding officer. In 1870 he was again elected to the Council, and
in 1872 to the House of Representatives. In 1875 he was chosen delegate
to the Constitutional Convention, and in October 1876, was elected to
the Senate, and now occupies the chair as president _pro tem._ of that
body. He received 1,325 votes against 1,032 for David D. Belden,
Democrat.

Sixth District, consists of Clear Creek county, and has two Senators.
Population 10,000.

WILLIAM A. HAMILL, (Rep.), of Georgetown, was born in England August 21,
1836; received a collegiate education partly in England and partly in
the United States; is by occupation a miner; during the war was adjutant
in the 156th regiment Pennsylvania volunteers; came to Colorado in July,
1865. In 1876, at the first State election, he was elected to the
Senate, receiving 1,115 votes against 976 for Joseph Van De Voort,
Democrat.

ALBERT JOHNSON, (Rep.), of Georgetown, was born in Berkshire county,
Mass., in 1837. He attended a public school in Pittsfield, and completed
his education at an academy in Stockbridge, Mass., having devoted much
attention to civil and mining engineering, the profession he
subsequently adopted. He removed from Pittsfield to the West in 1856,
and settled in Evanston, near Chicago, and in 1857 located in Wisconsin,
where he explored and established a post route and military road through
the wilderness from Appleton to Lake Superior, and was elected to the
offices of county clerk and county surveyor, and re-elected without an
opposing vote. He married the youngest daughter of the Hon. Joel S.
Fisk, of Green Bay, Wisconsin, and removed to Chicago, where he engaged
in the insurance business. In 1866 he came to Colorado and settled in
Georgetown, where he has been occupied as civil and mining engineer and
deputy United States surveyor of mineral lands. He was a member of seven
and chairman of two committees in the Senate, to which he was elected
October, 1876, receiving 1,113 votes against 963 for Robert W. Steele,
Democrat.

Seventh District, consists of Jefferson county. Population 5,500.

ALLISON H. DE FRANCE, (Dem.), of Golden, was born in Mercer, Mercer
county, Pennsylvania, August 5, 1835. He was educated at Alleghany
College, Meadville, and at Westminster, New Wilmington, Penn.; is by
profession an attorney-at-law, and was admitted to the bar in 1859; came
to Colorado in June, 1861, and settled at Golden in 1868, where he
pursued the practice of law; represented the county of Jefferson in the
Legislature of 1870; was a member of the Council in 1872, and was county
attorney for one year. In October, 1876, he was elected to the Senate of
the first General Assembly, receiving 565 votes against 559 for Joseph
T. Boyd, Republican.

Eighth District, consists of Arapahoe county and has four Senators.
Population 28,000.

JOSEPH E. BATES, (Rep.), of Denver, was born in Ellington, Chautauqua
county, New York, May 3, 1838; received an ordinary education; is a
capitalist, and largely engaged in commercial pursuits; came to Colorado
in 1860, and located in Denver, where he became alderman of the first
ward, which position he held for four years; represented Arapahoe county
in the Legislature of 1872, and while serving in this capacity was
elected Mayor of Denver. He is President of the St. Louis Land and
Mining Company, also of the Boulder Valley Coal Company, and of the
Denver Brewing Company. In Oct., 1876, he was elected to the Senate of
the first General Assembly, receiving 2,278 votes against 1,644 for A.
J. Williams, Democrat.

LEWIS C. ELLSWORTH, (Rep.), of Denver, was born in Troy, N. Y., June 30,
1832; was educated at Naperville, Ill.; removed to Chicago in 1852 where
he followed the banking business; is a capitalist; came to Colorado in
1871, and located in Denver, where he engaged in the construction of the
Denver Street Railway, of which he is now President. In 1875 he was
elected delegate to the Constitutional Convention, and in 1876 he
represented the county of Arapahoe in the Senate of the first General
Assembly, receiving 2,345 votes against 1,615 for A. P. Hereford,
Democrat.

ALFRED BUTTERS, (Rep.), of Denver, was born in Penobscot county, Maine,
May 27, 1836, and was educated in the common schools of his State, and
at the Bucksport Seminary. At the age of twenty he became a teacher and
was thus occupied in Kansas and Missouri for about three years; removed
to Colorado in 1866 and engaged in stock-raising, and located in Denver
in 1871. In 1874 he was elected to the Legislature from Arapahoe county;
in 1876 he again represented the county of Arapahoe, and was chosen
Speaker of the House. At the close of this session the House of
Representatives in testimony of their high appreciation of his services
as Speaker, presented him with a costly gold-headed cane and a silver
tea set. In October, 1876, he was elected to the Senate of the first
General Assembly, receiving 2,308 votes against 1,692 for Charles F.
Leimer, Democrat.

HIRAM P. BENNET, (Rep.), of Denver, was born in Carthage, Maine,
September 2, 1826; received a common school education in Ohio; is an
attorney-at-law. In 1852 he was elected to a judgship in western Iowa;
moved to Nebraska Territory in 1854, and was elected a member of the
Territorial Council; in 1858 he was re-elected to the Nebraska
Legislature and made Speaker of the House; came to Colorado in
September, 1859, and in 1861 was chosen a delegate to the Thirty-Seventh
Congress; and in October, 1862, was re-elected to the Thirty-Eighth
Congress. In 1869 he was appointed Postmaster at Denver, which position
he held until 1874. In 1876 he was elected to the Senate, receiving
2,251 votes against 1,622 for Alonzo Rice, Democrat.

Ninth District, consists of the counties of Bent and Elbert. Population
5,500.

EUGENE GAUSSOIN, (Dem.), of Higbee, was born in Liege, Belgium, July 5,
1812; received his education at the University of Liege, Anthenaeum of
Brussels and School of Mines; is a mining engineer; was captain of
artillery in Belgium; came to Colorado July, 1873. In 1876 he was
elected to the Senate, receiving 508 votes against 355 for G. M.
Woodworth, Republican.

Tenth District, consists of El Paso county. Population 5,750.

EDWIN S. RANDALL, (Rep.), of Colorado Springs, was born at Mount Holly,
Rutland county, Vermont, June 23, 1831; was educated at the University
of Salem, and at the Washington Academy, Washington, New Hampshire; is a
stock-raiser and the possessor of 11,000 acres of land; came to Colorado
in the spring of 1859; was probate judge of El Paso county for four
years. In 1876 he was elected to the Senate of the first General
Assembly, receiving 709 votes against 395 for Rodney Quimby, Democrat.

Eleventh District, consists of Douglas county. Population 3,500.

JAMES K. GARDNER, (Rep.), of Frankstown, was born in Attica, New York,
November 2, 1834; received a common school education; came to Colorado
in June, 1859; was in the 3d regiment, called to serve one hundred days.
In 1862 he was elected County Clerk of Douglas county, retaining the
office for three years, and appointed postmaster at Frankstown, which
position he still occupies. He was Treasurer of Douglas county from 1865
to 1871, and represented the counties of Arapahoe and Douglas in the
Legislature of 1866, and Douglas county in 1872. In October 1876 he was
elected to the Senate of the first General Assembly, receiving 294 votes
against 282 for James M. Nimerick, Democrat.

Twelfth District consists of Park county. Population 4,500.

JAMES MOYNAHAN, (Rep.), of Alma, was born in Greenville, Wayne county,
Michigan; received a common school education and a full course at Bryant
and Stratton’s Commercial College; is by occupation a miner. During the
war he entered the army as private, was promoted and mustered out of
service as captain of the 27th Michigan infantry. He came to Colorado in
August, 1876; was Commissioner of Park county for three years; was
postmaster at Alma, and in 1876 resigned to enter upon his duties as
State Senator, receiving 437 votes against 427 for James Y. Marshall,
Democrat.

Thirteenth District consists of the counties of Lake and Saguache.
Population 4,800.

JASON B. HALL, (Rep.), of Villa Grove, was born in Williston, Chittenden
county, Vermont; received a common school education; is by occupation a
stock-raiser; represented Lake county in the Territorial Legislature of
1870, and in October, 1876, was elected to the Senate of the first
General Assembly, receiving 496 votes against 445 for Joseph Hutchinson,
Democrat.

Fourteenth District, consists of the county of Fremont. Population
5,250.

JAMES CLELLAND, (Dem.), of Canon City, was born in Glasgow, Scotland,
September 20, 1823; received a common school education, and is by
occupation a merchant; came to Colorado in 1862; was a member of the
Council in 1876, representing the counties of Fremont, Park, Lake and
Saguache. In October, 1876 he was elected Senator to the first State
Legislature, receiving 548 votes against 502 for M. N. Megrue,
Republican.

Fifteenth District, consists of Pueblo county. Population, 6,500.

ISAAC W. HILL, (Dem.), of Pueblo, was born in Rock Springs, Cecil
county, Maryland, January 28, 1847; was educated at Westnottingham
Academy, Maryland. At the age of nineteen he removed to the west, and
engaged in the grain business at Litchfield, Illinois, where he remained
one year. He was next employed by a wholesale grocery, and was connected
with the branch house that followed the Kansas Pacific Railway, then in
course of construction. At Fort Sheridan he formed a co-partnership with
Thomas M. Field, and the new firm moved with the road until it reached
Kit Carson, where they remained a short time. The firm then located at
Colorado Springs, and finally removed to Pueblo. In October, 1876, he
was elected to the State Senate, receiving 728 votes against 542 for
James Rice, Republican.

Sixteenth District, consists of Huerfano county. Population 5,000.

WILLIAM B. HAMILTON, (Dem.), of La Veta, was born in Westport, Jackson
county, Mo., March 30, 1844; was educated at Westminster College,
Fulton, Missouri; is a stock-raiser and dealer; came to Colorado,
December, 1869; was postmaster at Spanish Peaks for three years. In
October, 1876, he was elected to the Senate of the first General
Assembly, receiving 548 votes against 447 for Fred. Walsen, Republican.

Seventeenth District consists of the county of Las Animas, and has two
Senators.

DANIEL L. TAYLOR, (Dem.), of Trinidad, was born in Cataraugus,
Cataraugus county, New York, April 5, 1838; received a common school
education, and is by occupation a stock-raiser; came to Colorado May 20,
1859; was Justice of the Peace in Las Animas county for six years, and
Probate Judge for one term; in 1874 represented Las Animas county in the
Territorial Council, and in October, 1876, was elected to the Senate of
the first State Legislature, receiving 969 votes against 695 for Antonio
Gutieres, Republican.

CASIMIRO BARELA, (Dem.), of Barela, Colorado, was born in El Embuda, Rio
Arriba county, N. M., March 4, 1847, and was educated at Mora, New
Mexico, by the Rev. J. B. Salpointe; came to Colorado in 1867; is by
occupation a merchant and stock-raiser. On his birthday, March 4, 1867,
he was married; in 1870 was elected Assessor of Las Animas county; in
1872 and 1874 represented Las Animas county in the Territorial
Legislature; in the fall of 1874 was elected Sheriff of Las Animas
county; and in 1875 was chosen delegate to the Constitutional
Convention. In October, 1876, he was elected to the Senate of the first
General Assembly, receiving 1,186 votes against 577 for George R.
Swallow, Republican.

Eighteenth District, consists of Costilla county. Population 2,000.

WILLIAM H. MEYER, (Rep.), of San Luis, was born in Hanover, Germany,
April 14, 1847; was educated at Osnabruck, Germany; migrated to America
when fifteen years old and made a short stay at St. Louis; removed to
New Mexico, and in July, 1866, came to Colorado and settled in Costilla
county, where he was married; is by occupation a stock-raiser; was Clerk
of the County and District Court for eight years; represented the
counties of Conejos, Costilla and Saguache in the Territorial
Legislature of 1870, and Conejos county in 1874; was a member of the
Constitutional Convention in 1875; in October, 1876, he was elected to
the Senate of the first State Legislature, receiving 349 votes against
97 for Augustine Lacome, Democrat.

Nineteenth District, consists of Conejos county. Population 2,500.

JUAN F. CHACON, (Rep.), of Guadalupe, was born in New Mexico, October,
1837; received a common school education; is by occupation a
stock-raiser and farmer; came to Colorado in October, 1855; in October,
1876, was elected to the Senate of the first General Assembly, receiving
321 votes against 225 for C. Valdez, Democrat.

Twentieth District, consists of the counties of Rio Grande, Hinsdale,
San Juan and La Plata. Population 12,800.

HENRY HENSON, (Rep.), of Wagon Wheel Gap, was born in Wayne county,
Kentucky, Nov. 12, 1824; received a common school education; was
Treasurer of Martin county, Indiana, for four years; came to Colorado
April 19, 1860; represented Park county in the Territorial Legislature
of 1864, and was also Justice of the Peace; in October, 1876, he was
elected to the Senate of the first General Assembly, receiving 1,276
votes against 1,181 for John G. Taylor, Democrat.

HOUSE OF REPRESENTATIVES.

The House of Representatives consists of 49 members chosen biennially by
counties.

Arapahoe county, has seven representatives. Population 28,000.

WEBSTER D. ANTHONY, (Rep.), of Denver, was born in Union Springs, Cayuga
county, New York, June 4, 1838; received a common school education; is
at present engaged in the vocation of furnishing abstracts of titles to
real estate; removed to the West in 1856, and located in Henry county,
Illinois, where he engaged in the grain business; from thence to
Leavenworth, Kansas, in 1858, where he was occupied in the office of
register of deeds; came to Colorado in 1860, and was appointed private
secretary to Lewis Ledyard Weld, Secretary of the Territory; in 1862 was
private secretary to Gov. Evans, and in the same year was appointed
clerk of the District Court, which office he held until 1864, when he
resigned; in 1865 was elected to the offices of Treasurer of Arapahoe
county and Collector of Taxes for Denver; in 1867 was elected County
Clerk and Recorder, and was re-elected four times, his last term
expiring in 1875; was Grand Master of Colorado A. F. & A. M. for two
terms, and is now Grand Commander of Knights Templar of Colorado. In
November, 1876, he was chosen Speaker of the House of Representatives,
to which he was elected in October, receiving 2,339 votes against 1,642
for L. N. Greenleaf, Democrat.

GEORGE C. GRIFFIN, (Rep.), of Island Station, was born in East Haddam,
Middlesex county, Connecticut, October 21, 1835; received a common
school education; is by occupation a farmer and stock-raiser; came to
Colorado October 10, 1859; in October, 1876, was elected to the House of
Representatives of the first General Assembly, receiving 2,292 votes
against 1,635 for A. J. Bean, Democrat.

JOHN C. MAYER, (Rep.), of Denver; was born in Baden, Germany, March 21,
1839; received a common school education; is a hardware merchant by
occupation; served in the army during the rebellion, and came to
Colorado in 1866; in October, 1876, was elected to the House of
Representatives of the first General Assembly, receiving 2,280 votes
against 1,627 for John Kerr, Democrat.

JOHN MCBROOM, (Rep.), of Denver, was born in Kentucky, July 26, 1822;
was educated in the common schools of Montgomery county, Indiana; is a
farmer by occupation; in 1843 moved to Missouri, and in 1846 to New
Mexico, where he joined the United States army, and in connection with
the quartermaster’s department, took part in the Mexican war; in 1855 he
served in the Indian war in the Southern part of Colorado, and in 1858
marched over the ground where the city of Denver now stands with the
troops sent to fight the Mormons; was shortly after mustered out of
service in which he had remained for twelve years, and returned to New
Mexico; came to Colorado in 1858 and married in 1866; in October, 1876,
was elected to the House of Representatives, receiving 2,298 votes
against 1,642 for John G. Hoffer, Democrat.

ALFRED C. PHELPS, (Rep.), of Denver, was born in Woodville, Mississippi,
December 4, 1842, received his education at the public schools and at
the Illinois College; is an attorney-at-law, and was admitted to the bar
in Illinois in 1867; during the war entered the military service in
which he continued for three years; enlisted as a private and was
promoted to the rank of first Lieutenant; removed to Colorado in May,
1872, located in Denver, where he engaged in the practice of his
profession; in 1876 he was elected to the House of Representatives of
the first State Legislature, receiving 2,304 votes against 1,652 for B.
P. Smith, Democrat.

W. H. PIERCE, (Rep.), of Denver, was born in Hudson, Summit county,
Ohio, January 18, 1838. He graduated in the class of 1858 at the Western
Reserve College, of which his father was for twenty-five years the
presiding officer. He is by profession a civil engineer and surveyor,
but is now largely engaged in mercantile pursuits. He came to Colorado
August 31, 1861, and enlisted in the 2d regiment Colorado cavalry, and
was mustered out of service as first Lieutenant. In October, 1876, he
was elected to the House of Representatives, receiving 2,351 votes
against 1,623 for Samuel E. Browne, Democrat.

ADOLPH SCHINNER, (Rep.), of Denver, was born in Germany in 1831;
received a common school education; is a stock raiser by occupation, and
a printer by trade; came to Colorado in April, 1860; was Secretary of
the School District for two years; in October, 1876, was elected to the
House of Representatives of the first General Assembly, receiving 2,322
votes against 1,683 for Thomas S. Clayton, Democrat.

Bent county. Population 4,000.

ROBERT M. MCMURRAY, (Dem.), of Las Animas, was born in Jersey Shore,
Lycoming county, Penn., December 27, 1824; received a common school
education; is a merchant by occupation; came to Colorado in June 1859;
was Treasurer of Bent county for two years, and filled other offices of
less importance; in October, 1876, was elected to the House of
Representatives of the first General Assembly, receiving 424 votes
against 252 for Frank Bingham, Republican.

Boulder county has four members. Population 12,000.

ISAAC CANFIELD, (Rep.), of Erie, was born in Angelica, Allegany county,
New York October 11, 1839; received a common school education; is
proprietor and manager of the Rob Roy Coal Mine; in 1861 was interested
in the oil business in Pennsylvania; came to Colorado in 1871; was
appointed Chairman of the Committee of Ways and Means in the House of
the first General Assembly, to which he was elected in October, 1876,
receiving 1,553 votes against 1,095 for James Coin, Democrat.

DANIEL RANSOM, (Rep.), of Longmont, was born in Woodstock, Windsor
county, Vermont, October 17, 1813; received a common school education;
is a farmer by occupation; at the age of eighteen engaged in mercantile
business, and pursued that vocation to the close of 1873; was married in
1835; in 1840 was Colonel of militia; in 1850 removed to Wisconsin,
thence to Chicago, where he resided nearly twenty years; and thence to
Colorado in 1872; in October, 1876, was elected to the House of
Representatives of the first General Assembly, receiving 1,547 votes
against 1,092 for Louis Herzinger, Democrat.

AZOR A. SMITH, (Rep.), of Nederland, was born in Gratiot, Licking
county, Ohio, August 25, 1829; was educated in Aurora, Illinois;
graduated at Rush Medical College, Chicago, in the year 1857; came to
Black Hawk, Colorado, in 1859; in 1861 was appointed assistant Surgeon
in the first Colorado infantry, and at the close of the war was mustered
out of service as Surgeon; located in Lynn county, Kansas, and
represented that county in the Legislature of 1867-8; afterwards
practiced Medicine in Kansas City, Mo., and in 1870 returned to Colorado
and engaged in mining in Gilpin and Boulder counties; was appointed
physician for the Nederland Mining Company; was Assayer and then
Superintendent of the Nederland Mill; in 1874, was Republican candidate
for the Legislature, but was defeated; in October, 1876, was elected to
the House of Representatives of the first General Assembly, receiving
1,529 votes against 1,087 for James Stevens, Democrat.

GEORGE X. YOUNG, (Rep.), of Erie, was born in Cuyahoga county. Ohio,
September 21, 1832; received a common school education; is a farmer and
stock raiser; migrated to Kansas in 1853, and in 1854 and 1855 resisted
the bold attempts to establish slavery in that Territory; during the
rebellion served as Lieutenant for two years; was afterwards Deputy
Assessor of Idaho Territory; came to Colorado in 1870, and in October,
1876, was elected to the House of Representatives of the first General
Assembly, receiving 1,550 votes against 1,073 for I. N. Field, Democrat.

Conejos county. Population 2,500.

AGAPITO VIGIL, (Rep.), of Conejos, was born in Taos, Taos county, New
Mexico, September 18, 1833; received a common school education;
represented the county of Mora in the Legislature of New Mexico, in
1859, and was Justice of the Peace in the same county; removed to
Colorado and settled in Las Animas county, of which he was Assessor for
two years; is by occupation a farmer and stock raiser; was elected to
the House of Representatives in October, 1876, receiving 348 votes
against 198 for Gerard Austin, Democrat.

Costilla county. Population 2,000.

MELITON ALBERTS, (Rep.), of San Luis, was born in Taos, Taos county, New
Mexico, January 11, 1848; received a common school education; is a stock
raiser by occupation; was Assessor of Costilla county in 1871; in
October, 1876, was elected to the House of Representatives of the first
General Assembly, receiving 336 votes against 103 for Felipe Chavez,
Democrat.

Costilla and Conejos counties. Population 4,500.

D. ARCHULETA, (Rep.), of Conejos, was born in Taos, Taos county, New
Mexico, December 2, 1854; received a common school education in the
Spanish language; came to Colorado, then Kansas Territory, in 1856; is a
merchant by occupation; in October, 1876, was elected to the House of
Representatives of the first General Assembly, of which he is the
youngest member, receiving 402 votes against 381 for P. R. Trujillo,
Democrat.

Clear Creek county, has four Representatives. Population 10,000.

P. E. MOREHOUSE, (Rep.), of Georgetown, was born in Saratoga county, New
York, October 18, 1835; was educated at Oberlin College, Ohio; is a
teacher by profession, but now engaged in mining; during the war served
two years in the quartermaster’s department; came to Colorado in July,
1874; was Superintendent of Schools for Clear Creek county; in October
1876 was elected to the House of Representatives of the first General
Assembly, receiving 1,085 votes against 1,020 for P. McCann, Democrat.

GEORGE A. PATTEN, (Rep.), of Idaho Springs, was born in Surry, Hancock
county, Maine, April 26, 1835; received a common school education; is by
occupation a merchant; came to Colorado May 8, 1860; has been postmaster
at Idaho Springs for five years; is now a member of the Town Board; in
October, 1876, was elected to the House of Representatives of the first
General Assembly, receiving 1,092 votes against 970 for William Gibson,
Democrat.

THEODORE F. SIMMONS, (Rep.), of Georgetown, was born in Harford,
Cortland county, New York, January 24, 1847; was educated at the High
School, Beloit, Wisconsin; is by occupation a merchant, came to Colorado
in April 1866; was Alderman of the city of Georgetown for four years; in
October, 1876, was elected to the House of Representatives of the first
General Assembly, receiving 1,175 votes against 1,000 for W. W. Ware,
Democrat.

T. JEFF. WATTS, (Rep.), of Silver Plume, was born in Newville, Richland
county, Ohio; received a common school education; is a miner by
occupation; enlisted during the war in the 5th Iowa infantry and took
part in the siege of Vicksburg, and in the decisive battles of Iuka,
Champion Hills, Missionary Ridge, second battle of Corinth, and many
others of less importance; came to Colorado in 1869; in October, 1876,
was elected to the House of Representatives of the first General
Assembly, receiving 1,113 votes against 988 for John Tomay, Democrat.

Douglas County. Population 3,500.

GEORGE A. LORD, (Dem.), of Pine Grove, was born in Lebanon, York county,
Maine; received a common school education; is by occupation a farmer and
stock raiser; came to Colorado June 21, 1861; was for two years School
Superintendent, and afterwards Treasurer, of Douglas county; in October,
1876, was elected to the House of Representatives of the First General
Assembly, receiving 292 votes against 285 for M. A. Latimer, Republican.

Elbert county. Population 1,500.

ANDREW D. WILSON, (Dem.), of Godfrey Station, was born in Weston, Platte
county, Missouri, July 2, 1844; received a common school education; is a
stock raiser by occupation; came to Colorado May 22, 1860; represented
the counties of Elbert, Bent and Douglas in the last Territorial
Legislature; in October, 1876, was elected to the House of
Representatives of the First General Assembly, receiving 96 votes
against 88 for A. L. Gleason, Republican.

El Paso county has two representatives. Population 5,750.

JOSEPH C. HELM, (Rep.), of Colorado Springs, was born in Chicago, Cook
county, Illinois, June 30, 1848; during the war he served in the army
corps investing Vicksburg and took part in the campaigns of the
Cumberland and Potomac, and was taken prisoner and confined seventy-six
days in Belle Isle. Upon his return home he attended the State
University of Iowa and graduated for the legal profession. Before
assuming the practice of law he spent three years in the public schools
of Arkansas, one year as principal of the Van Buren School and two years
as principal of the High School at Little Rock. He came to Colorado
November 25, 1874. In 1876 he was elected to the House of
Representatives of the first General Assembly of the State of Colorado,
receiving 712 votes against 403 for James Knox, Democrat.

CHARLES WOODMAN KITTREDGE, (Rep.), of Florissant, was born in Portland,
Maine, January 16, 1826; received a common school education; is by
occupation a farmer and stock raiser; came to Colorado in 1872; during
the Rebellion he entered the army as Captain of Company F, Seventh Iowa
Infantry, and was afterwards promoted to the rank of Colonel of the
Thirty-Sixth Iowa Infantry, and served with his command to the close of
the war. He participated in the battles of Belmont, Shiloh and many
others, and received his commission as Colonel for gallant and
meritorious conduct in the field. In October, 1876, he was elected to
the House of Representatives, receiving 701 votes against 400 for David
McShane, Democrat.

Fremont county has two representatives. Population 5,250.

RICHARD IRWIN, (Dem.), of Rosita, was born in Montreal, Canada,
September 30, 1841; received a common school education and attended the
Commercial College at Montreal; came to Colorado in August, 1860; is by
occupation a prospector. He was elected to the House of Representatives
in October, 1876, receiving 520 votes against 510 for Thomas Thornton,
Republican.

CHARLES R. SIEBER, (Dem.), of Rosita, was born in Prussia January 28,
1846; received a common school education; came to Colorado in 1865, and
is by occupation a farmer and stock raiser. In October, 1876, he was
elected to the House of Representatives of the first General Assembly,
receiving 548 votes against 472 for Lewis Muhlebach, Republican.

Gilpin county has three representatives. Population 8,800.

H. JACOB KRUSE, (Rep.), of Central City, was born in Holstein, Europe,
November 18, 1837; received a common school education; came to Colorado
in July, 1860, and located in Central City, where he engaged in
mercantile pursuits; was a member of the City Council and afterwards
Mayor. In October, 1876, he was elected to the House of Representatives
of the first General Assembly, receiving 1,112 votes against 747 for
Frank Fossett, Democrat.

HENRY W. LAKE, (Rep.), of Black Hawk, was born in Tully, Onondaga
county, New York, September 5, 1832; was educated at the Homer Academy,
New York, and afterwards taught school for three years; removed to
Nebraska and engaged in the real estate business and was Clerk and
Recorder of Nemaha county, in which he resided; came to Colorado in the
spring of 1860 and settled at Black Hawk, of which city he was alderman
for four years; is now largely engaged in mining and milling operations.
In October, 1876, he was elected to the House of Representatives of the
first State Legislature, receiving 999 votes against 765 for J. V.
Kimber, Democrat.

AUSTIN C. MARSHMAN, (Rep.), of Nevada, Colorado, was born in Coshocton,
Coshocton county, Ohio, February 3, 1847; received a common school
education. During the war he served in the Second Ohio Artillery; came
to Colorado in December, 1870; has been Secretary of the School Board of
Gilpin county for over three years; is by occupation a merchant and
miner; was elected to the House of Representatives of the first General
Assembly, receiving 1,021 votes against 736 for Wm. H. Beverly,
Democrat.

Grand county. Population 1,000.

JOHN H. STOKES, (Dem.), of Hot Sulphur Springs, was born in Davidson
county, Tennessee, August 10, 1848; received a common school education;
is a merchant and miner by occupation; came to Colorado August 6, 1874;
has been postmaster at Hot Sulphur Springs, and held other offices in
Grand county; in October, 1876, was elected to the House of
Representatives of the first General Assembly, receiving 101 votes
against 69 for John A. Himebaugh, Republican.

Hinsdale county. Population 4,000.

WILLIAM H. GREEN, (Rep.), of Lake City, was born in Greenville, Sussex
county, New Jersey, November 23, 1828; received a common school
education; is a miner by occupation; came to Colorado in 1858; during
the war served four years in the Second regiment Colorado cavalry; was
Clerk and Recorder of Hinsdale county for three years; in October, 1876,
was elected to the House of Representatives of the First General
Assembly, receiving 411 votes against 364 for H. M. Woods, Democrat.

Huerfano county has two representatives. Population 5,000.

JOSEPH T. CHAVEZ, (Dem.), of Gardner, was born in Taos, Taos county,
New Mexico; received a common school education; came to Colorado
November, 1868; is a stock raiser by occupation; was Assessor of
Huerfano county for four years. In 1876 was elected to the House of
Representatives, receiving 576 votes against 385 for Juan B. Jaquez,
Republican.

JOSE R. ESQUIBEL, (Dem.), of Walsenburg, was born in Embuda, Rio Arriba
county, New Mexico, September 18, 1830; received a common school
education; came to Colorado in October, 1857; is by occupation a stock
raiser. In 1876 he was elected to the House of Representatives of the
first State Legislature, receiving 606 votes against 369 for Thomas
Sproull, Republican.

Jefferson county has two Representatives. Population 5,500.

MARTIN V. LUTHER, (Dem.), of Morrison, was born in Valparaiso, Porter
county, Indiana, January 10, 1837; graduated at the University of
Valparaiso, is by profession an attorney-at-law, but is now engaged in
farming and stock raising; was for two years school teacher in Porter
and Lake counties, Indiana; came to Colorado in 1861; was for eight
years Justice of the Peace of Jefferson county. In 1876 he was elected
to the House of Representatives, receiving 568 votes against 551 for M.
N. Everett, Republican.

GEORGE RAND, (Dem.), of Golden, was born in Kings county Nova Scotia,
June 26, 1837; received a common school education; migrated to Wisconsin
in 1850, where he engaged in farming and dealing in lumber; came to
Colorado March 7, 1865; is a stock raiser; represented the counties of
Jefferson and Boulder in the last Territorial Legislature, and in
October, 1876, was elected to the House of Representatives, receiving
577 votes against 551 for Levi Harsh, Republican.

Lake county. Population 2,300.

WILLIAM J. MCDERMITH, (Dem.), of Oro City, was born in Fredericktown,
Madison county, Missouri, December 8, 1835; received a common school
education; is by occupation a stock raiser and merchant; came to
Colorado in September, 1859; was elected to the House of
Representatives in 1876, receiving 255 votes against 201 for Thomas S.
Wells, Republican.

La Plata county. Population 800.

JOHN MOSS, (Dem.), of Parrott City, was elected in October, 1876, to the
House of Representatives, receiving 110 votes against 46 for C. C.
Gaines, Republican.

Larimer county. Population 3,500.

NATHANIEL C. ALFORD, (Rep.), of Livermore, was born in Hope, Knox
county, Maine, November 29, 1834; received a common school education;
came to Colorado in June, 1859, and is by occupation a stock raiser. In
October, 1876, he was elected to the House of Representatives, receiving
373 votes against 286 for James Sullivan, Democrat.

Las Animas county has three Representatives. Population 10,000.

URBANO CHACON, (Dem.), of Trinidad, was born in El Chanuzal, Taos
county, New Mexico, May 25, 1851; was educated at St. Michael’s College,
Santa Fe, New Mexico. At the age of fifteen he was assistant postmaster
at Santa Fe, and afterwards learned the printing business in the office
of the SANTA FE NEW MEXICAN, and was subsequently connected with the
SANTA FE POST; was interpreter and translator for the agency of the
Pueblo Indians; was teacher at Plaza Del Alcalde, Rio Arriba county, and
for the Indians of the Pueblo of Tesuque. He was married November 28,
1871, at Santa Fe, to a Mexican lady; came to Colorado October 4, 1873,
and is now editor and proprietor of the COLORADO PIONEER and the Spanish
paper, EL EXPLORADOR. In 1876 he was elected to the first State
Legislature, receiving 1,148 votes against 669 for L. M. Peterson,
Republican.

MARIANO LARRAGOITE, (Dem.), of Trinidad, was born in Santa Fe, New
Mexico, March 28, 1847; received a common school education. At the age
of nineteen he was elected to the Legislature in New Mexico, and obliged
to resign his seat on account of his youth; came to Colorado in March,
1869; is an attorney-at-law and farmer; represented the county of Las
Animas in the Territorial Legislatures of 1872 and 1874, and in October,
1876, he was elected to the first State Legislature, receiving 1,042
votes against 666 for J. A. Salazar, Republican.

DAVID F. WILKINS, (Dem.), of Trinidad, was born in Zanesville, Muskingum
county, Ohio, November 12, 1837; was educated at the Zanesville Academy;
removed to New Mexico, where he resided eighteen years; came to Colorado
in 1857; was married to a Spanish lady of New Mexico; is by profession a
teacher of the Spanish language, and reputed to be the ablest
interpreter in the West; is also a stock raiser and dealer; was elected
to the House of Representatives in 1876, receiving 1,147 votes against
738 for Eldridge B. Sopris, Republican.

Park County. Population 4,500.

ZIBA SURLES, (Rep.), of Grant, was born in Kingston, Luzerne county,
Pennsylvania, November 5, 1811; received a common school education;
removed to the West in 1833, and settled in Huron county, Ohio, in 1834;
migrated to California in 1862, thence to Oregon and Idaho, and was in
Montana at the time of its organization into a Territory; came to
Colorado November 7, 1864; is a miner by occupation; was Assessor of
Summit county in 1866 and 1867; represented the county of Summit in the
Territorial Legislature of 1866-7, and was Sergeant-at-Arms of the
Council in 1868; was Justice of the Peace of Park county for five years.
In 1876 he was elected to the House of Representatives, receiving 460
votes against 404 for Capt. W. B. White, Democrat.

Pueblo county has two Representatives. Population 6,500.

JAMES M. CARLILE, (Dem.), of Pueblo, was born in Leesburgh, Carroll
county, Ohio; received a common school education; came to Colorado in
1860; is a railroad contractor, also a stock raiser and dealer. In
October, 1876, he was elected to the House of Representatives of the
first General Assembly, receiving 759 votes against 496 for Charles
Wildeboor, Republican.

GARRETT LANKFORD, (Dem.), of Boonville, was born in Marshall, Saline
county, Missouri, November 26, 1838; received a common school education;
is by occupation a stock raiser. During the war he performed military
service for four years in the Trans-Mississippi Department under General
Joe Shelby. In 1876 he was elected to the first State Legislature,
receiving 725 votes against 541 for W. K. Carlile, Republican.

Rio Grande county. Population 4,000.

ALVA ADAMS, (Dem.), of Del Norte, was born in Blue Mounds, Iowa county,
Wisconsin, May 14, 1850; graduated at Albion Academy in 1870 and came to
Colorado in 1871; is a hardware merchant; the standard bearer of the
Democracy and the cerberus of the treasury. In October, 1876, he was
elected from a Republican county to the House of Representatives of the
first State Legislature, receiving 383 votes against 331 for Michael
Breen, Republican.

Saguache county. Population 2,500.

ISAAC GOTTHELF, (Rep.), of Saguache, was born in Huemme, Germany, May
26, 1844; received a common school education; came to Colorado in
November, 1867, and has since that time been engaged in mercantile
pursuits and stock raising; is President of the Saguache and San Juan
toll road; was elected to the House of Representatives of the first
General Assembly in October, 1876, receiving 284 votes against 195 for
John Lawrence, Democrat.

San Juan county. Population 4,000.

CHARLES H. MCINTYRE, (Rep.), of Animas Forks, was born in Sheffield,
Berkshire county, Massachusetts, August 6, 1837; received a common
school education; removed to Minnesota where he resided for ten years,
thence to Dakota where he remained seven years. While in Dakota he was
elected to the Council of the Territorial Legislature of 1867, was
re-elected in 1869 and again elected in 1871; came to Colorado in 1873;
is largely engaged in mining and milling operations; was elected to the
House of Representatives of the first State Legislature, in October,
1876, receiving 381 votes against 327 for A. W. Begole, Democrat.

Summit County. Population 2,000.

GEORGE W. WILSON, (Rep.), of Breckinridge, was born in Rock Island, Rock
Island county, Illinois, December 4, 1845; received a common school
education; is a miner; came to Colorado in June, 1867. In 1876 he was
elected to the House of Representatives of the first General Assembly,
receiving 212 votes against 160 for Charles A. Finding, Democrat.

Weld county has two Representatives. Population 6,000.

ABNER LEONARD, (Rep.), of Evans, was born in Unity, Columbiana county,
Ohio, January 10, 1823. At the age of fourteen moved to Hancock county,
Ohio, in which place he resided thirty-seven years engaged in teaching,
farming and dealing in live stock; came to Colorado in 1874; is a
capitalist; was elected to the House of Representatives of the first
State Legislature, in October 1876, receiving 728 votes against 507 for
W. G. Winbourn, Democrat.

DAVID F. RAINEY, (Rep.), of Platteville, was born in Cedarville, Green
county, Ohio, December 24, 1832; received a common school education;
removed to California, where he engaged in mining and dealing in lumber;
came to Colorado in June, 1860; is by occupation a stock raiser and
farmer. In 1876 he was elected to the House of Representatives of the
first State Legislature, receiving 782 votes against 451 for Alvard
White, Democrat. FOOTNOTES:

[1] Order of the House of Commons, 1663, July 16.

[2] Elsynge, 217; 1 Hats., 21; Grey’s Deb., 133.

[3] Stra., 989.

[4] As per Constitution.

[5] As per act of April 14, 1792, one representative for 30,000, first
census.

[6] As per act of January 14, 1802, one representative for 33,000,
second census.

[7] As per act of December 21, 1811, one representative for 35,000,
third census.

[8] As per act of March 7, 1822, one representative for 40,000, fourth
census.

[9] As per act of May 22, 1832, one representative for 47,700, fifth
census.

[10] As per act of June 25, 1842, one representative for 70,680, sixth
census.

[11] As per act of May 23, 1850, one representative for 98,702, seventh
census.

[12] By act of Congress of May 23, 1850, it was enacted that the number
of Representatives in Congress should be 233; that the representative
population determined by the census of that year and thereafter should
be divided by said number 233; and the quotient so found should be the
ratio of representation for the several States. The ratio thus
ascertained under the census of 1860 was 126,823; and upon this basis
the 233 Representatives were apportioned among the several States, one
Representative for every district containing that number of persons;
giving to each State at least one Representative. Subsequently, by the
act of March 4, 1862, the ratio was changed, and the number of
Representatives from and after March 3, 1863, was increased from 233 to
241, by allowing one additional Representative to each of the following
States, viz: Illinois, Iowa, Kentucky, Minnesota, Ohio, Pennsylvania,
Rhode Island, and Vermont; and this number was increased by the
admission of Nevada and Nebraska with one Representative each, to 243.

[13] As per apportionment bill passed February 2, 1872, and supplemental
apportionment bill passed May 30, 1872.

[14] Previous to the 3d of March, 1820, Maine formed part of
Massachusetts, and was called the “District of Maine,” and its
representatives are numbered with those of Massachusetts. By compact
between Maine and Massachusetts, Maine became a separate and independent
State, and by act of Congress of 3d March, 1820, was admitted into the
Union as such; the admission to take place on the fifteenth of the same
month. On the 7th of April, 1820, Maine was declared entitled to seven
representatives, to be taken from those of Massachusetts.

[15] Divided by action of State Legislature and Congress in 1861 and
1862, and State of West Virginia created therefrom.

[16] Admitted under act of Congress of June 1, 1796, with one
representative.

[17] Admitted under act of Congress of April 30, 1802, with one
representative.

[18] Admitted under act of Congress of April 8, 1812, with one
representative.

[19] Admitted under act of Congress of Dec. 11, 1816, with three
representatives.

[20] Admitted under act of Congress of Dec. 10, 1817, with one
representative.

[21] Admitted under act of Congress of Dec. 3, 1818, with one
representative.

[22] Admitted under act of Congress of Dec. 14, 1819, with three
representatives.

[23] Admitted under act of Congress of March 2, 1821, with one
representative.

[24] Admitted under act of Congress of Jan. 26, 1837, with one
representative.

[25] Admitted under act of Congress of Jan. 15, 1836, with one
representative.

[26] Admitted under act of Congress of March 8, 1845, with one
representative.

[27] Admitted under act of Congress of March 3, 1845, with two
representatives.

[28] Admitted under act of Congress of Dec. 29, 1848, with two
representatives.

[29] Admitted under act of Congress of May 29, 1848, with two
representatives.

[30] Admitted under act of Congress of Sept. 8, 1848, with two
representatives.

[31] Admitted under act of Congress of May 11, 1858, with two
representatives.

[32] Admitted under act of Congress of Feb. 14, 1859, with one
representative.

[33] Admitted under act of Congress of Jan. 29, 1861, with one
representative.

[34] Previous to December 31, 1862, West Virginia was a part of the
State of Virginia, which State was entitled to eleven Members of the
House of Representatives.

[35] Admitted under act of Congress of October 31, 1864, with one
Representative.

[36] Admitted under act of Congress of January, 1867, and proclamation
of the President, March 1, 1867, with one Representative.

[37] Admitted under act of Congress of March 3, 1875, and proclamation
of the President, July 4th, 1876, with one representative.

[38] 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 amendment.

[39] RULE 34. The following Standing Committees, shall be appointed at
the commencement of each session, with leave to report by bill or
otherwise.

A Committee on Foreign Relations to consist of seven members.

A Committee on Finance to consist of seven members.

A Committee on Manufactures to consist of five members.

A Committee on Agriculture to consist of seven members.

A Committee on Military Affairs, and Militia, to consist of seven
members.

A Committee on Naval Affairs, to consist of seven members.

A Committee on the Judiciary, to consist of seven members.

A Committee on Post Offices and Post Roads, to consist of seven members.

A Committee on Public Lands, to consist of seven members.

A Committee on Private Land Claims, to consist of five members.

A Committee on Indian Affairs, to consist of seven members.

A Committee on Pensions, to consist of seven members.

A Committee on Revolutionary Claims, to consist of five members.

A Committee on Claims, to consist of five members.

A Committee on the District of Columbia, to consist of seven members.

A Committee on Patents and Patent Office, to consist of five members.

A Committee on Public Buildings and Grounds, to consist of five members,
who shall have power also to act jointly with the same committee of the
House of Representatives.

A Committee on Territories, to consist of seven members.

A Committee on the Pacific Railroad, to consist of nine members.

A Committee on Mines and Mining, to consist of seven members.

A Committee to Audit and Control the Contingent Expenses of the Senate,
to consist of three members, to whom shall be referred all resolutions
directing the payment of money out of the contingent fund of the Senate,
or creating a charge on the same.

A Committee on Engrossed Bills, to consist of three members, whose duty
it shall be to examine all bills, amendments, resolutions or motions,
before they go out of the possession of the Senate, and shall deliver
the same to the Secretary of the Senate, who shall enter upon the
journal that the same have been correctly engrossed.

A Committee on Enrolled Bills, to consist of three members.

[40] The former practice of the Senate referred to in this paragraph has
been changed by the following Rule:

[RULE 29. The final question upon the second reading of every bill,
resolution, constitutional amendment or motion, originating in the
Senate, and requiring three readings previous to being passed, shall be,
“Whether it shall be engrossed and read a third time?” and no amendment
shall be received for discussion at the third reading of any bill,
resolution, amendment, or motion, unless by unanimous consent of the
members present; but it shall at all times be in order before the final
passage of any such bill, resolution, constitutional amendment, or
motion, to move its commitment; and should such commitment take place,
and any amendment be reported by the committee, the said bill,
resolution, constitutional amendment, or motion, shall be again read a
second time, and considered as in Committee of the Whole, and then the
aforesaid question shall be again put.]

[41] This rule has been modified so as to specify the questions entitled
to preference. The rule is now as follows:

[When a question is under debate, no motion shall be received but to
adjourn, to lay on the table, to postpone indefinitely, to postpone to a
day certain, to commit, or to amend; which several motions shall have
precedence in the order they stand arranged, and the motion for
adjournment shall always be in order, and be decided without debate.]

[42] RULE 13. In filling up blanks, the largest sum and longest time
shall be first put.

[43] In the case of a division of the question, and a decision against
striking out, I advance doubtingly the opinion here expressed. I find no
authority either way, and I know it may be viewed under a different
aspect. It may be thought that, having decided separately not to strike
out the passage, the same question for striking out cannot be put over
again, though with a view to a different insertion. Still I think it
more reasonable and convenient to consider the striking out and
insertion as forming one proposition; but should readily yield to any
evidence that the contrary is the practice in Parliament.

[44] Noes. 9 Grey, 365.

[45] The rule now fixes a limitation.

[46] Seat unsuccessfully contested by C. P. Hall.

[47] Seat unsuccessfully contested by N. J. Bond.

[48] In place of Samuel M. Robbins resigned.

R. O. Bailey unsuccessfully contested his seat.

[49] Did not appear.

[50] Did not appear.

[51] Resigned.

[52] Did not appear.

[53] Did not appear.

[54] Absent during session.

[55] Absent during session.

[56] Absent during session.

[57] Did not take his seat.

[58] Did not take his seat until 1st February.

[59] In place of A. Mansur.

[60] In place of Ira Austin.

[61] Did not take his seat.

[62] Did not take his seat.

[63] Seat unsuccessfully contested by D. J. Ball.

[64] Seat unsuccessfully contested by John B. Rice.

[65] Seat successfully contested by George A. Hinsdale.

[66] Seat unsuccessfully contested by Michael Beshoar.

[67] Vice James H. Pinkerton, resigned.

[68] Vice D. D. Belden, resigned.

Seat successfully contested by William M. Roworth.

[69] Absent during session.

[70] A. W. Archibald successfully contested his seat.

[71] Absent during the whole session.

[72] Seat contested by Simon Cort.

[73] Seat unsuccessfully contested by Joseph T. Boyd.

[74] Absent during session.

[75] Ex officio as Territorial Treasurer.

[76] Ex-officio President of the Senate.

[77] Not eligible for re-election.

[78] Ex-officio State Librarian.

[79] Seat contested by Thomas M. Patterson to 45th Congress.

[80] Seat contested by M. C. Butler (Democrat).

[81] In controversy.

[82] In controversy.

[83] Died in office April 4, 1841, when Vice President Tyler succeeded
him.

[84] Died in office July 9, 1850, when Vice-President Fillmore succeeded
him.

[85] Assassinated April 14, 1865, when Vice-President Johnson succeeded
him.

[86] Died in office November 22, 1875.

[87] Republicans.

[88] Biennially.

[89] Organized from other counties by the General Assembly.

[Transcriber’s Note:

Page 152: “SECTION XI” changed to read “SECTION IX”, misnumbered.

Obvious printer errors corrected silently.

Inconsistent spelling and hyphenation are as in the original.]

*** End of this LibraryBlog Digital Book "The Legislative Manual, of the State of Colorado - Comprising the History of Colorado, Annals of the - Legislature, Manual of Customs, Precedents and Forms, Rules - of Parliamentary Parliamentary Practice, and the - Constitutions of the United States nd The History of - Colorado, annals of the legislature, manual of customs, - precedents and forms, rules of parliamentary practice, and - the constitutions of the United States and the State of - Colorado— also—chronological table of American history, - lists and tables for reference, biographies, etc." ***

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