final, subject to

preme Court.

to Congress, if in session, or at the next session of Con

gress.-Ibid., p. 614.

Judgments of, By the act of March 3, 1863, it is provided that the appeal to Su-judgment of said court shall be final, with the right of appeal to the Supreme Court of the United States, and that in all cases of final judgments by said court, or on appeal by the Supreme Court where the same shall be affirmed in favor of the claimant, the sum due thereby shall be paid out of any general appropriation made by law for the payment and satisfaction of private claims.Stat. at Large, Vol. XII, p. 766. [Since the passage of this act the monthly reports of cases, required by the act of February 24, 1855, have not been made to Congress.]

Petitions and

mitted to.

By the same act it is provided "that all petitions and bills to be trans- bills praying or providing for the satisfaction of private claims against the Government, founded upon any law of Congress, or upon any regulation of an executive department, or upon any contract, express or implied, with the Government of the United States, shall, unless otherwise ordered by resolution of the house in which the same are presented or introduced, be transmitted by the Secretary of the Senate, or the Clerk of the House of Representatives, with all the accompanying documents, to the Court of Claims."-Stat. at Large, Vol. XII, p. 765.

Members of Con

[Where it is proposed to refer a case, of which the court has no jurisdiction under existing laws, the usual mode is by joint resolution.]

By the same act members of Congress are prohibited gress not to prae- from practicing in said court.—Ibid., p. 766.

tice before.

Transmission of

papers to.

Withdrawal of papers from.

The Clerk of the House is directed "to transmit to said court, on the application of the clerk of said court, the papers in his office in any case that is now or may be hereafter pending in said court, taking a receipt therefor."-Journal 1, 34, p. 583.

"The papers in all cases heretofore referred by this house to the Court of Claims, arising under contract or departmental decision, may be withdrawn from said court upon the order of the Clerk of the House, to be given

upon the application therefor of any member to him, with the assent of the claimant; and when said papers are received by the Clerk, they shall be held by the Clerk the same as if never referred.”—Journal 1, 34, p. 614.

may be with

"All petitions for pensions heretofore referred to the Pension papers Court of Claims, may be withdrawn and referred to their drawn. appropriate committees in the House."-Journal 1, 34, p. 631.

[Ordinarily, except in the foregoing cases, papers are referred to or withdrawn from the Court of Claims on motion in the House; and, except in the case of the reference of a matter then before the House, the motion can only be made by unanimous consent, or at such time as resolutions are in order under the rules.]

"The bills from the Court of Claims shall, on being laid before the House, be read a first and second time, committed to the Committee of the Whole House, and, together with the accompanying reports, printed."-Rule 122.

How papers are

drawn from and ordinarily with

referred to.

Bills from, to be calendar and re

placed on private

ports printed.

undisposed of at

gress.

When bills and reports from said court, reported to Bills and reports the House, are left undisposed of at the end of a Con- the end of a Congress, at the beginning of the next Congress the bills. shall be again read twice and referred, and the adverse reports restored to the private calendar.-Journals, 1, 35, pp. 134, 135; 1, 36, p. 247. [And when bills from said court shall have passed the Senate and remain undisposed of in the House at the end a Congress, they shall be returned to the Senate.]

Judges of the Court of Claims are admitted within the Judges of, adhall of the House.-Rule 134.

CLERK OF THE HOUSE.

mitted within the hall.

Shall be elected ment of Congress.

at the commence

A Clerk shall be elected at the commencement of each Congress.-Rule 10. The act of June 1, 1789, provides that at the first session of Congress after every general election of representatives, the oath or affirmation therein prescribed "shall be administered by any one member of the House of Representatives to the Speaker; and Speaker shall by him to all the members present, and to the Clerk, pre- to. vious to entering on any other business." And in the

administer oath

of.

Oath of office.

Additional oath

Mode of election.

Tellers appointed

by the Speaker.

Enters upon his duties as soon as he takes oath.

Gives bond.

Continues

case of a vacancy which occurred in the office of Clerk during the 31st Congress (see Journal, 1, 31, p. 789) it was decided that the House could take no action upon, nor transact, any other business until a Clerk was elected.

The following is the oath of office prescribed for the Clerk by the 10th Rule and the act of June 1, 1789, viz:

"I do solemnly swear (or affirm) that I will support the Constitution of the United States, and that I will truly and faithfully discharge the duties of Clerk of the House of Representatives, to the best of my knowledge and abilities, and keep the secrets of the House."

He is also required by the act of July 2, 1862, to take an additional oath.-(See ОATII.)

In the election of a Clerk there shall be a previous nomination-Rule 11; and the vote shall be taken viva voce.-Rule 10. A majority of the votes given shall be necessary to an election; and where there shall not be such a majority on the first ballot, the ballot shall be repeated until a majority be obtained. And in all ballotings blanks shall be rejected, and not taken into the count in enumeration of votes, or reported by the tellers.-Rule 12.

Before proceeding to the election of a Clerk, the Speaker appoints four tellers to keep and make report of the vote. (See ELECTIONS BY THE HOUSE.)

[As soon as the Speaker has declared a person elected Clerk, the oath of office is administered to him, and he enters upon the duties of the same.] By the act of February 23, 1815, (Stat. at Large, Vol. III, p. 212,) it is made the duty of the Clerk, within thirty days after he enters upon the duties of his office, to give bond to the United States, with one or more sureties, to be approved by the Comptroller of the Treasury, in the penal sum of twenty thousand dollars, with condition for the faithful application and disbursement of the contingent fund of the House.

in The Clerk shall continue in office until his successor is successor is ap- appointed.-Rule 10.

office until his

pointed.

By the act of the 2d session 39th Congress, (Session Duty of, in preLaws, p. 28,) it is provided:

"That before the first meeting of the next Congress, and of every subsequent Congress, the Clerk of the next preceding House of Representatives shall make a roll of the Representatives elect, and place thereon the names all persons claiming seats as Representatives elect from States which were represented in the next preceding Congress, and of such persons only, and whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States." And

"That in case of a vacancy in the office of Clerk of the House of Representatives, or of absence or inability of said Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, the said duties shall devolve on the Sergeant-at-Arms of the next preceding House of Representatives; and in case of vacancies in both of the before-mentioned offices, or of the absence or inability of both the Clerk and Sergeant-atArms to act, then the said duties shall be performed by the Doorkeeper of the next preceding House of Representatives."

paration of roll of members elect.

or

der, &c., pending

er.

"Pending the election of a Speaker, the Clerk shall, Preserves preserve order and decorum, and shall decide all ques- election of Speaktions of order that may arise, subject to appeal to the House."—Rule 146. [This rule, together with Rule 147, which provides that the existing rules shall govern future Congresses, unless otherwise ordered, was adopted at the 1st session of the 36th Congress, and was intended to facilitate the organization of the House. Previously, under the authority contained in the Manual, p. 68, and the usage of the House, the Clerk had presided over its deliberations while there was no Speaker, but simply put questions, and (where specially authorized) preserved order, not, however, undertaking to decide questions of order.] (See MEETING OF CONGRESS.)

All contracts, bargains, or agreements, relative to the Contracts, &c., to be approved by furnishing any matter or thing, or for the performance him.

of any labor for the House of Representatives, must be made with the Clerk, or approved by him, before any allowance shall be made therefor by the Committee of Purchases to be Accounts.-Rule 21. And in making purchases for the of home produc- ) tion. House he is required to confine his purchases exclusively to articles of the growth and manufacture of the United States, provided the same can be procured on as good terms and of as suitable quality as foreign articles.— Stat. at Large, Vol. V, p. 681.

He shall fur

nish a statement

penses.

of persons em

of stationery.

The Clerk is required by law (Stat. at Large, Vol. V, of contingent ex- pp. 25, 527) to lay before the House, at the commencement of each session, a full and detailed statement of the expenditure of the contingent fund of the House; also Also, statement (Stat. at Large, Vol. V, p. 525) a statement of the clerks ployed in service and other persons employed in the service of the House of House. during the preceding year. He is also required by a resolution of the House (Journal, 1, 27, p. 495) to report, at the commencement of each session, the quantity and Also, statement cost of all the stationery used by the House and the Clerk's office. He, in conjunction with the Secretary of the Senate, shall also, as soon as may be after the close of each session of Congress, prepare and publish a statement of all appropriations made during the session; and Also, statement also a statement of the new offices created and the salaof appropriations, ries of each, and also a statement of the offices the salanew offices, &c. ries of which are increased, and the amount of such increase. Stat. at Large, Vol. V, p. 117. And it shall be Secretary of Sen- the duty of the Secretary of the Senate and the Clerk of the House of Rep. the House of Representatives of the United States sev port to Congress erally to report to Congress on the first day of each expenditures in regular session, and at the expiration of their terms of service, a full and complete statement of all their receipts and expenditures as such officers, showing in detail the items of expense and classifying them under the proper appropriations, showing the aggregate thereof, and exhibiting in a clear and concise manner the exact condition of all public moneys by them received, paid out, and in their possession as such officers.

ate and Clerk of

resentativestore

their receipts and

detail, &c.

They and the sergeant-at-arms,

And it shall also be the duty of the officers hereinbePostmasters, and fore named, and of the Sergeant-at-arms, Postmasters of