shall be confirmed by Congress, said decision shall be conclusive, and the said court shall not at any subsequent period consider said claims, unless such reasons shall be presented to said court as, by the rules of common law or chancery in suits between individuals, would furnish sufficient ground for granting a new trial.”—Stat. at Large, Vol. X, pp. 613, 614.

of

clerks to be re

The said court is required to make report in case of the Removal removal of its clerks, with the cause of such removal, to Con- ported. gress, if in session, or at the next session of Congress.Ibid., p. 614.

Court.

By the act of March 3, 1863, it is provided that the judg- Judgments of, final, subject to ment of said court shall be final, with the right of appeal to appeal to Supreme 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.]

!

By the same act it is provided "that all petitions and 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.

[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 from Members of Conpracticing in said court.-Ibid., p. 766.

gress not to practice before.

papers to.

The Clerk of the House is directed "to transmit to said Transmission of 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.

Withdrawal of papers from.

Pension papers may be with

drawn.

How papers are

ordinarily with

referred to.

“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.

"All petitions for pensions, heretofore referred to the Court of Claims, may be withdrawn and referred to their appropriate committees in the House.”—Journal, 1, 34, p. 631.

[Ordinarily, except in the foregoing cases, papers are redrawn from and ferred 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.]

Bills from, to be

placed on private

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

ports printed.

undisposed of at

gress.

Bills and reports When bills and reports from said court, reported to the the end of a Con- House, are left undisposed of at 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 of a Congress, they shall be returned to the Senate.]

Judges of, admitted within the hall.

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

Shall be elected at commencement of Congress.

Speaker

CLERK OF THE HOUSE.

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 by him to all the memshall bers present, and to the Clerk, previous to entering on any other business." And in the case of a vacancy which occurred

administer oath to.

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 Oath of office. 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 OATH.)

of.

Additional oath

In the election of a Clerk there shall be a previous nomina- Mode of election. tion-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.

ed by the Speaker.

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

duties as soon as

[As soon as the Speaker has declared a person elected Clerk, Enters upon his the oath of office is administered to him, and he enters upon he takes oath. 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.

Gives bond.

Continues in of

cessor is appoint

The Clerk shall continue in office until his successor is ap-Confill his sucpointed.-Rule 10. By the act of the 2d session 39th Congress, (Session Laws, Duty of, in prep. 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 of all persons claiming

ed.

paration of rolt of members elect.

Preserves order, &c., pending election of Speaker.

Contracts, &c., to be approved by him.

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 beforementioned offices, or of the absence or inability of both the Clerk and Sergeant-at-arms to act, then the said duties shall be performed by the Doorkeeper of the next preceding House of Representatives."

"Pending the election of a Speaker, the Clerk shall preserve order and decorum, and shall decide all questions 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 Cougress, and was intended to facilitate the organization of the House. Previously, under the authority contained in the Manual, p. 64, 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 furnishing any matter or thing, or for the performance of any labor for the House of Representatives, must be made with the Clerk, or approved by him, before any allowance shall be made therePurchases to be for by the Committee of Accounts.-Rule 21. And in making purchases for the 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.

of home production.

He shall furnish

a statement of con

The Clerk is required by law (Stat. at Large, Vol. V, pp. tingent expenses. 25, 527) to lay before the House, at the commencement of each session, a full and detailed statement of the expenditure

Also, statement

House.

of stationery.

of the contingent fund of the House; also (Stat. at Large, Vol. V, p. 525) a statement of the clerks and other persons of persons employemployed in the service of the House during the preceding ed in service of 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 cost of all the stationery used by the Also, statement 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 of appropriations, a statement of the new offices created and the salaries of new offices, &c. each, and also a statement of the offices the salaries of which are increased, and the amount of such increase.-Stat.at Large, Vol. V, p. 117.

Also, statement

tracts from Jour

lege.

He shall, on application, certify extracts from the Journal Shall certify exof the House of Representatives, and for such copies shall nal. receive the same fees as are allowed by law to the Secretary Fees. of State for similar services.-Stat. at Large, Vol. IX, p. 80. Authority to frank mail matter is conferred upon the Clerk,, Franking privito cover all correspondence to and from him, and all printed matter issued by authority of Congress, and all speeches, proceedings and debates in Congress, and all printed matter sent to him; his franking privilege to commence with the term for which he is elected and to expire on the 1st Monday of December following each term of office.-Stat. at Large, Vol. XII, pp. 708, 709.

in Congressional

He may, with permission of the President of the Senate and. May use books Speaker of the House, have the use of the books in the Con- Library. gressional Library, upon the same conditions as members of Congress. Stat. at Large, Vol. IV, p. 429.

for proposals for

He shall advertise for proposals for furnishing stationery for Shall advertise the use of the House of Representatives.-Stat. at Large, Vol. stationery. V, pp. 526, 527.-(See STATIONERY.)

Shall transmit

By the act of March 3, 1863, he is required to transmit to certain petitions the Court of Claims all petitions and bills praying or providing and bills to Court for the satisfaction of all 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, unless otherwise ordered by resolution of the House.-Stat. at Large, Vol. XII, p. 765.

To select newslately in rebellion

papers in States

By the act of March 2, 1867, (Sess. Laws, pp. 100, 101,) it is provided that it shall be the duty of the Clerk of the House of Representatives to select in Virginia, South Carolina, North laws, &c.

for publication of