Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/302

any business from being done. And it is usual for the king, when he means, that parliament should assemble to do business, to give notice by proclamation accordingly; otherwise a prorogation is of course on the first day of the session.^[1]

§ 829. The fifth section of the first article embraces provisions principally applicable to the powers, rights, and duties of each house in its separate corporate character. These will not require much illustration or commentary, as they are such, as are usually delegated to all legislative bodies in free governments; and were in practice in Great-Britain at the time of the emigration of our ancestors; and were exercised under the colonial governments, and have been secured and recognised in the present state constitutions.

§ 830. The first clause declares, that

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.

§ 831. It is obvious, that a power must be lodged somewhere to judge of the elections, returns, and qualifications of the members of each house composing the legislature; for otherwise there could be no certainty, as to who were legitimately chosen members, and any intruder, or usurper, might claim a seat, and thus trample upon the rights, and privileges, and liberties of the people. Indeed, elections would become, under such

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1. 1 Black. Comm. 187, 188, and Christian's Note; 2 Wilson's Law Lect. 154, 155.