CONSTITUTION
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CONSTITUTION


OF THE


UNITED STATES OF AMERICA,
WITH TIIE


AMENDMENTS THERETO:


TO WHICH ARE ADDED


JEFFERSON'S MANUAL OF PARLIAMENTARY PRACTICE,


THE


STANDING RULES AND ORDERS


FOR CONDUCTING BUSINESS IN


THE HOUSE OF REPRESENTATIVES AND SENATE OF
THE UNITED STATES.


AND


BARCLAY'S DIGEST.


WASHINGTON:
GOVERNMENT PRINTING OFFICE.


1871.
(C.:


• .


V) \


I r




CONSTITUTION


OF


THE UNITED STATES OF AMERICA.


Oh




CONSTITUTION.


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


ARTICLE I.


SECTION I.


All legislative powers herein granted shall be Congera
vested in a Congress of the United States, which
shall consist of a Senate and House of Repre-
sentatives.


SECTION II.


The House of Representatives shall b e


colic- Representatives,
bow chosen.posed of members chosen every second year by


the people of the several States, and the elect-
ors in 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 Qualification of
representatives.


not have attained the age of twenty-five years,




CONSTITUTION. ARTICLE


and been seven years a citizen of the United
States, and who shall not, when elected, be an in-
habitant of that State in which he shall Ile chosen.


and direct taxes. portioned among the several States which may
Apportionment
Representatives and direct taxes shall be ap-


of representatives


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 enumer-
ation. shall be made within three years after the
first meeting of the Congress of the United


Census every ten States, and within every subsequent term of ten
years. years, in such manner as they shall by law di-


rect. 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.
how •


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


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


SECTION III.


The Senate of the United States shall-be coin.


♦ RT1C I.
CONSTITUTION. '1


posed of two Senators from each State, chosen
by the legislature thereof, for six years; and
each Senator shall have one vote. 4


Immediately after they shall be assembled in senators classed.
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 expi-
ration of the sixth year, so that one-third . may
be chosen every second year; and if vacancies vacancies, how
happen by resignation or otherwise, during the
recess of the legislature of any State, the exe-
cutive thereof may make temporary appoint-
ments until the next meeting of the legislature,
which shall then fill such vacancies.


No person shall be a Senator, who shall not
aS


Q
eo


c
rs
ation of


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 inhabi-
tant of that State for which he shall be chosen.


The Vice President of the United States shall Wee President topreside.
be President of the Senate, but shall have no •
vote, unless they be equally divided.


The Senate shall choose their other officers, officersor Senate.
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.


The Senate shall have the sole power to try all Trial of impeach-
ments.


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


I


Representatives
choose officers
and bring im-
peachments.


Senate, bow
chosen.




8 CONSTITUTION. ARTICLE I.


be convicted without the concurrence of two-
thirds of the members present.


Judgment in im- Judgment in cases of impeachment shall not
peashments.


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.


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.


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.


Each house shall be the judge of the elections,
returns, and qualifications of its own members,


Quorum. and a majority of each shall constitute a quorum
to do business; .but a smaller number may ad-
journ from day to day, and may be authorized


Absent members. to compel the attendance of absent members,
in such manner, and under such penalties, as
each house may provide.


Rules. Each house may determine the rules of its
proceedings, punish its members for disorderly
behavior, and with the concurrence of two-


Expulsion. thirds, expel a member.


ARTICLE
CONSTITUTION.


9


Each house shall keep a journal of its proceed- Journals publish-
ings, and from time to time publish the same, ed'
excepting such parts as may in their judgment
require secrecy, and the ,yeas and nays of the Yeas and usYg-
members of either house on any question shall,
at the desire of one-fifth of those present, be
entered on the journal.


Neither house, during the session of Congress, Adjournment&
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.


SECTION VI.


The Senators and Representatives shall re- emP"F'atic'n*
ceive 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. PrivileiML
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.


No Senator or Representative shall, during Members not ap
the time for which he was elected, be appointed pointed• to , office.


to any civil office under the authority of the
United States, which shall have been created,
or the emoluments whereof shall have been in-
creased during such time ; and no person holding
any office under the United States, shall be a offi Trg of gorz


- member of either house during his continuance members.
in. office.


Effect of.


Elections, when
end how held.


Congress assem-
ble annually.


Elections, how
fudged.




10 . CONSTITUTION. ARTICLE 1. ARTICLE I. CONSTITUTION. 1I
SECTION VII.


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.


It- Every bill which shall have passed the House
of Representatives and the Senate, shall, before
it become a law, be presented to the President


over 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


Proceedings " large on their journal, and proceed to reconsider
his veto. 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 recon-
sidered, and if approved by two-thirds of that
house, it shall become a law. But in all cases
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 journal of each house respectively. If


Bills to be laws if any bill shall not be returned by the President
not returned in
ten days. 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.


joint orders or Every order, resolution, or vote to which the
resolutions to be
approved by the concurrence of the Senate and House of Repre-
President.


sentatives may be necessary (except on a ques-
tion 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 Rep-
resentatives, according to the rules and limita-
tions prescribed in the case of a bill.


SECTION VIII.


The Congress shall have power to lay and Power of con
.gross to lay taxes


collect taxes, duties, imposts and excises, to pay —pay debts.
the debts and provide for the common defence
and general welfare of the United States ; but General welfare.
all duties, imposts and excises shall be uniform Duties uniform.
throughout the United States;


To borrow money on the credit of the United Borrow money.
States;


To regulate commerce with foreign nations, Commerce.
and among the several States, and with the In-
dian tribes;


To establish an uniform rule of naturalization, Naturalization.
and uniform laws on the subject of bankruptcies Bankruptcy.
throughout the United States;


To coin money, regulate the value thereof, c oin money.
and of foreign coin, and fix the standard of Weights and mea-


sures.weights and measures;
To provide for the punishment of counter- Counterfeiting.


feiting the securities and current coin of the
United States;


To establish post offices and post roads;
Post roads.


To promote the progress of science and use- Promote arts sad
ful arts, by securing for limited times to authors seleuce.
and inventors the exclusive right to their re-
spective writings and discoveries;


p


Revenue bills.


Bills to be
seated to
President.


His powers
them.




S


Importation of
slaves allowed till
1808.


CONSTITUTION:
13CONSTITUTION. ARTICLE I.


To constitute tribunals inferior to the Supreme
Court;


To define and punish piracies and felonies
committed on the high seas, and offences against
the law of nations;


Declare war and To declare war, grant letters of marque and
make captures.


reprisal, and make rules concerning captures on
land and water;


Raise armies. To raise and support armies, but . no appro-
priation of money to that use shall be for a
longer term than two years;


To provide and maintain a navy;
Rules and articles To make rules for the government and mom
of war. lotion of the land and naval forces;


To provide Tor calling forth the militia to ex-
ecute the laws of the Union, suppress insurrec-
tions and repel invasions;


To provide for organizing, arming, and dis-
ciplining the militia, and for governing such part
of them as may be employed in the service of
the United States, reserving to the States re-


Officers of militia. spectively, the appointment of the officers, and
the authority of training the militia according
to the discipline prescribed by Congress;


Exclusive leg. isla-r1 exercise exclusive legislation in all casestime over scat of
government• 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 the 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


,fortsover erection of forts, magazines, arsenals, dock-And
arsenals, docks,


ARTICLE I.


To make all laws which shall be necessary ;11:o , ntlaker
general


and proper for carrying into execution the fore- ers into 'effect.
going 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.


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 each person.


The privilege of the writ of habeas corpus Habeas corput.
shall not be suspended, unless when in cases of
rebellion or invasion the public safety may re-
quire it.


No bill of attainder or ex post facto law shall pAots'N'adZ,',1,',d,s.cr
be passed.


No capitation, or other direct tax shall be laid),
unless in proportion to the census or enumera-
tion hereinbefore directed to be taken.


No tax or duty shall be laid on articles ex-
ported from any State.


No preference shall be given by any regula-
tion 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.


No money shall be drawn from the treasury,
but in consequence of appropriations made by
law ; and a regular statement and account of the


1 2
Inferior courts.


Ptt acies, &c.


Navy.


Call out militia.


yards, and other needful buildings;—and


e0,rzfaunlia.nd goy.


Direct taxes.


No exportation
duty.


F:neerfjez.esta,te'::


lioney,howdrawn
from the treasury.




14 CONSTITUTION. ARTICLE I.


To be published. receipts and expenditures of all public money
shall he published from time to time.


No nobility. 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


fu
Ttiros.Pmsents consent of the Congress, accept of any present,


emolument, office, or title, of any kind whatever,
from any king, prince, or foreign State.


SECTION X.


pheo trastetnied to No State shall enter into any treaty, alliance,
or confederation; grant letters of marque and re-
prisal; coin money; einjt 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.


Other powers de-
to States. No State shall, without the consent of thevi d


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.


Farther denial of No State shall, without the consent of Con-
powers to States. gress, 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
CONSTITUTION.


15


ARTICLE II.


SECTION I.


The executive power shall be vested in aPres- President ofUnited States.ident 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:


Each State shall appoint, in such manner as Eaton, bar, 8P-
the legislature thereof may direct, a number of pointed_


electors, equal to the whole number of Senators
and Representatives to which the State may be
entitled in the Congress: but no Senator or Rep-
resentative, or4person holding an office of trust
or profit under the United States, shall be ap-
pointed an elector.


The electors shall meet in their respective
and to1,etzurtStates, and vote by ballot for two person s+"
President.




o ‘
sideut and Vice


whom one at least shall not be au 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 Their votese-ount-


ed in Congreea.
the Senate and House Of Representatives, open
all the certificates, and the votes shall then be
counted. The person having the greatest. num- .
ber of votes shall be the President, if such num-
ber be a majority of the whole number of elec-
tors appointed; and if there be more than one




I6


Representativesto
choose if electors
fan


Votes by States.


CONSTITUTION. ARTICLE Lt.


who have such a majority, and have an equal
number of votes, then the House of Representa-
tives shall immediately choose by ballot one of
them for President; and if no person have a ma-
jority, then from the five highest on the list
the said House shall :11 like manner choose the
President. But in choosing the President, the
votes shall be taken by States, the representa-
tion 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 lie necessary to
a choice. In every case, after the choice of the
President., the person having the greatest num-


Vice,PteetiOsnit. ber 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. x•


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.


of 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 per-
son be eligble 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.


Retalwak• death, In case of the removal of the President, from&e.. of President.
office, or of his death, resignation, or inability to


"'Phis clause of the Constitution has been anunded. Sea
twelfth article of the amendments, page 31.


CONSTITUTION.
17


discharge the powers and duties of the said of-
AgTI n .


fice, the same shall devolve on the Vice Presi-
dent, and the Congress may by law provide for
the case of removal, death, resignation, or ina-
bility, both of the President and Vice President,
declaring what officer shall then act as Presi-
dent, and such officer shall act accordingly, until
the disability be removed, or a President shall
be elected.


The President shall, at stated times, receive iCroetuspdeennstion of
for his services a compensation, which shall
neither be increased ,


nor 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.


Before he enter on the execution of his office,
he shall take the following oath or affirmation :-


" I do solemnly swear (or affirm)' that I will Oath.
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.


The President shall be Commander-in-cl ff0. Posversaud duties
the army and navy of the United States, and Of of the Prethleat.
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 prin-
cipal 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 offences against


2


Election end meet•
ing of electors,


Qualifications
Presitbost.


I




18 CONSTITUTION. ARTICLE IL ARTICLE III. CONSTITUTION. 19
the United States, except in cases of impeach-
ment.


He shall have power, by and - with the advice
and consent of the Senate, to make treaties, pro-
vided two-thirds of the senators present concur;
and he shall nominate, and, by and with theAd-


Appointment of vice and consent of the Senate, shall appointpublic officers.
ambassadors, other public ministers and con-
suls, judges of the Supreme Court, and all other
officers of the United States, whose appointments
are not herein otherwise provided fpr, and which
shall be established by -1ww .; 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 de-
partments.


in of- 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.


Further powers He shall from time to time give to the Con-
ned duties of the
President. gress 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 disa-
greement between them, with respect to the
time of adjournment, he may adjourn them to
such time as lie shall think proper; he shall re-
ceive ambassadors and other public ministers;
be shall take care that the laws be faithfully
executed, and shall commission all the officers of
the United States


SECTION IV.


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


ARTICLE III.


SECTION I.


The judicial power of the United States shall
of u g


i
u
J


r
u
e
d ici


j
ar2,• nens(.1 ten-


be vested in one Supreme Court, and in such n-
ferior courts as the Congress may from time to
time ordain and establish. 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 con-
tinuance in office.


SECTION II.


The judicial power _shall extend to all -cases,
gay.
Power of the judl


in law and equity, arising under this Constitu-
tion, the laws of the United States, and treaties
made, or which shall be made, under their au-
thority;—to all cases affecting ambassadors,
other public ministers, and consuls; to all cases


• of admiralty and maritime jurisdiction; to con-
troversies to which the United States shall be a
party; to controversies between two or more
States; between a State and citizens of another


Vacancies
lice.




20 CONSTITUTION. ARTICLE LIL


State; between citizens of different States; be-
tween 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.


Jurisdiction of tho In all cases affecting ambassadors, other pub-
Supreme Court.


lie 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 &all have
appellate jurisdiction, both as to law and fact;
with such exceptions, and under such regula-
tions as the Congress shall make.


The trial of all crimes, except in cases of im-
peachment, shall be by jury; and such trial shall
be held in the State where the said crimes 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 di-
rected.


SECTION III.


Treason. Treason against the United States shall con-
sist only in levying war against them, or in ad-
hering 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.


No corruption of The Congress shall have power to declare the
blood. punishment of treason, but no attainder of


treason shall work corruption of blood or forfei-
ture except-during the life of the person attainted.


ARTICLE Iv.
CONSTITUTION.


21


ARTICLE IV.


SECTION I.


Full faith and credit shall be given in each Acts of States ac.
credited.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 proceed-
ings shall be proved, and the effect thereof.


SECTION II.


The citizens of each State shall be entitled to Privileges of citi.
all privileges and immunities of citizens in the zenship.


several States.
A person charged in any State with treason,


rtice to be delivered
ugitivesfromjus•


felony, or other crime, who shall flee from jus- 0P•
tice, and be found in another State, shall, on de-
mand of the executive authority of the State
from which he fled, be delivered up, to be re-
moved to the State having jurisdiction of the
crime.


No person held to service or labor in into
State, under the laws thereof, escaping n
another, shall, in contequence of any law or reg-
ulation 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.


New States may be admitted by the Congress New StateK
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


Trials by jury.


And where held.


Fugitive slaves to
be delivered up.


A




22 C ONSTITUTION. ARTICLE V.


junction of two or more States, or part of States,
without the consent of the legislatures of the
States concerned as"well as of the Congress.


Territorrand oat- The Congress shall have power to dispose of
er property of
United States. and make all needful rules and regulations re-


specting the territory or other property belong-
ing to the United States ; and nothing in this
Constitution shall be so construed as to pre-
judice any claims of the United States, or of any
particular State.


SECTION Ir.
Republican form The. United States shall guaranty to every
Of government. S tate in this Union a republican form of gover•-
Protection of meat, and shall protect each of them against in-
States.


vasion. and on application of the legislature, of
of the executive, (when the legislature cannot
be convened,) against domestic violence.


ARTICLE V.
Amendments of The Con gress whenever two-thirds of bothhis Constitution. •


houses shall deem it necessary, shall propose
amendments to this Constitution, or, on the ap-
plication of the legislatures of two-thirds of the
several States, shall call a. convention for propos-
ing 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 conven-
tions 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


ARTICLES VI. VU.
CONSTITUTION. 23


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.
All debts contracted and engagements entered gpocv.bet8 °efutf.,°erinco'g'1:


into, before the adoption of this Constitution;
shall be as valid against the United States under
this Constitution, as under the confederation.


This Constitution, and the laws ofthe United
the inipmise law.What constitutesStates 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..


The Senators and Representatives before men- oath of publicoffi.
tioned, and the members of the several State cere.-
legislatures, and all executive and judicial offi-
cers, 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 No religions test.
shall ever be required as a qualification to any
office or public trust under the United States.


ARTICLE VII.
The ratification of the conventions of nine Ratification.


States shall be sufficient for the establishment of
this Constitution between the States so ratifying
the same.


1




Done in convention by the unanimous consent of
the States present the seventeenth day of Sep-
tember in the year bf 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-
Presid t and deputy from Virginia.


NEW HAMPSHIRE.
John Langdon,
Nicholas Gilman.


MASSACHUSETTS.
Nathaniel Gorham,
Rufus King.


CONNECTICUT.
Wm. Saml. Johnson,
Roger Sherman.


NEW YORK.
Alexander Hamilton.


NEW JERSEY.
Wil : Livingston,
David Brearley,
Wm. Paterson,
Jona. Dayton.


PENNSYLVANIA.
B. Franklin,
Thomas Mifflin,
Robt. Morris,
Geo: Clymer,
'rho: Fitzsimons,
Jared Ingersoll,
James Wilson,
Gouv : Morris.


Attest:


DELAWARE.
Gco: Read,
Gunning Bedford, jun'r,
John Dickinson,
Richard Bassett,
Jaco: Broom.


MARYLAND.
James McHenry,
Dan: of St. Thos: Jenifer,
Danl. Carroll.


VIRGINIA.
John Blair,
James Madison, jr.


NORTH CAROLINA.
Win. Blount,
Rich'd Dobbs Spaight,
Hu. Williamson.


SOUTH CAROLINA.
J. Rutledge,
Charles Coates • orth Pinckney
Charles Pinckney,
Pierce Butler.


GEORGIA.
William Few,
Abr.• Baldwin.


WILLIAM JACKSON, Secraary


PROCEEDINGS
OF THE


CONVENTION WHICH FORMED THE CONSTITUTION.


1N CONVENTION.


MONDAY, September 17, 1787.
Resolved, That the preceding Constitution be laid before


the United States in Congress assembled: and that it is the
opinionbf this Convention that it should afterwards be sub-
mitted to a convention of delegates, chosen in each State by
the people thereof, under the recommendation of its legis-


tlat for their assent and ratification; and that each con-<
vention assenting to and ratifying the same should give
notice thereof to the United States in Congress assembled.


Resolved, That it is the opinion of this Convention that,
as soon as the conventions of nine States shall have ratified
this Constitution, the United States in Congress assembled
should fix a clay on which electors should be appointed by
the States which shall have ratified the same, and a day on
which electors should assemble to vote for the President,
and the time and place for commencing proceedings under
this Constitution; that after such publication, the electors
should be appointed, and the Senators and Representatives
elected; that the electors should meet on the day fixed for
the election of the President, and should transmit their
votes, certified, signed, sealed, and directed, as the Consti-
tution requires, to the Secretary of the United States in
Congress assembled; that the Senators and Representatives
should convene at the time and place assigned; that the
Senators should appoint a President of the Senate, for the


CONSTITUTION. 2524 CONSTITUTION.




I
26 CONSTITUTION.


sole purpose of receiving, opening, and counting the votes
for President; and that, after he shall be chosen, the Con-
gress, together with the President, should, without delay,
proceed to execute this Constitution.


By the unanimous order of the Convention:
GEO: WASHINGTON, President:..


WILLIAM JACKSON, Secretary.


LETTER OF THE CONVENTION TO THE OLD CONGRESS.


IN CONVENTION


SEPTEMBER 17, 1787.
Sin: We have now the honor to submit to the considera-


tion of the United States in Congress assembled, that Con-
stitution which has appeared to us the most advisable.


The friends of our country have long seen and desired
that the power of making war, peace, and treaties; that of
levying money, and regulating commerce, and the corre-
spondent executive and judicial authorities., should be fully
and effectually vested in the General Government of the,
Union; but the impropriety of delegating such extensive
trust to one body of men is evident; hence results the neces-
sity of a different organization.


It is obviously impracticable in the federal government
of these States to secure all rights of independent sover-
eignty to each, and yet provide for the interest and safety
of all. Individuals entering into society must give up a
share of liberty to preserve the rest. The magnitude of
the sacrifice must depend as well on situation and circuin-


CONSTITUTION. 27


stance as on the object to be obtained. It is at all times
difficult to draw with precision the line between those
rights Which must be surrendered and those which may be
reserved; and on the present occasion, this difficulty was
increased by a difference among the several States as to
their situation, extent; habits, and particular interests.


In all our deliberations on this subject, we kept steadily
in our view that which appears to us the greatest interest
of every true American—the consolidation of our Union—in
which is involved our prosperity, felicity, safety s perhaps our
national existence. This important consideration, seriously
and deeply impressed on our minds, led each State in the
Convention to be less rigid on points of inferior magnitude
than might have been otherwise expected; and thus the
Constitution which we now present is the result of a spirit
of amity, and of that mutual deference and concession which
the peculiarity of our political situation rendered indispen-
sable.


That it will meet the full and entire approbation of every
State is not, perhaps, to be expected; but each will doubt-
less consider that, had her interest been alone consulted,
the consequences might have been particularly disagreeable
or injurious to others. That it is liable to as few exceptions
as could reasonably have been expected, we hope and
believe. That it may promote the lasting welfare of that
country so dear to us all, and secure her freedom and hap-
piness, is our most ardent Wish.


With great respect, we have the honor to be, sir, your
excellency's most obedient, humble servants.


By unanimous order of the Convention:
GEO: WASHINGTON, President.


His Excellency the PRESIDENT OF CONGRESS.




28 CONSTITUTION.


PROCEEDINGS IN THE OLD CONGRESS.


CONSTITUTION.
29


AMENDMENTS.


UNITED STATES IN CONGRESS ASSEMBLED.


FRIDAY, September 28, 1787
Present.—New Hampshire, Massachusetts, Connecticut,


New York, New Jersey, Pennsylvania, Delaware, Virginia,
North Carolina, South Carolina, and Georgia; and from
Maryland, Mr. Ross.


Congress having received the report of the Convention
lately assembled in Philadelphia


Resolved, unanimously, That the said report, with the
resolutions and letter accompanying the same, be trans-
mitted to the several legislatures, in order to be submitted
to a convention of delegates chosen in each State by the
people thereof, in conformity to the resolves of the Conven-
tion made and provided in that case.


CHARLES THOMPSON, Secretary.


ARTICLE I.


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.


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.


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.


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 warrants 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.


No person shall be held to answer for a capital
_


other-
wise infamous crime, unless on a presentment or indictment




30 CONSTITUTION.


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 clanger; nor shall any person be subject for
the same offence 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.


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 ascer-
tained 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 wit-
nesses in his favor, and to have the assistance of counsel for
his defence.


ARTICLE VII.


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 accord-
ing to the rules of the common law.


ARTICLE VIII.


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


ARTICLE IX.


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


CONSTITUTION.
31


ARTICLE X.


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.


The judicial power of the United States shall not be con-
strued to extend to any suit in jaw 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.


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
with 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 ap-
pointed; 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




32 CONSTITUTION.


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.
Arid 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.


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-Presi-
dent ; 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. But no per..
son constitutionally ineligible to the office of President shall
be eligible to that of Vice-President of the United States.


ARTICLE XIII.


SECTION 1. Neither slavery nor involuntary servitude,
except a‘l 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.


SECTION 2. Congress shall have power to enforce this
article by appropriate legislation.


ARTICLE XIV.


SECTION 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


CONSTITUTION.
33


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.


SECTION 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, i, 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 representation therein shall be reduced
in the proportion which the number of such male citizens
shall ben, to the whole number of male citizens twenty-one
years of age in such State.


SECTION 3. No person shall be a Senator or Representa-
tive 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 take:. 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 or
comfort to the enemies thereof. But Congress may, by a
vote of two-thirds of each house, remove such disability.


SECTION 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 suppress-


3




ing 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, obli-
gations and claims shall be held illegal and void.


SECTION 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.


ARTICLE XV.


SECTION 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.


SECTION 2. The Congress shall have power to enforce this
article by appropriate legislation.


34 CONSTITUTION.


INDEX


TO


THE CONSTITUTION OF THE UNITED STATES.


A.


Arts and sciences, to be promoted
Acts, records, and judicial proceedings of each State entitled


An. Sec.
8


Page.
11


to faith and credit in other States
4 1 21


Amendments to the Constitution, how made 5 1 22,
29


Appointments to be made by the President.
2 2 18


Apportionment of .representatives.
1 2


*


6
Appropriations by law 1 9 13
Appropriation for army not to exceed two years. 1 8 72
Armies, Congress to raise and support


1 8 32
Arms, right of the people to keep and bear


29
Assemble, people may 29
Attainder, bill of, prohibited to Congress.


1 9 13
prohibited to the States




of treason shall not work corruption of blood
or forfeiture, except during the life of the
person attainted


1


3


10


3


14


20


B.
Bail, excessive, not required


30
Bankruptcy laws to be uniform 1 8 11
Bills for raising revenue shall originate in the House of Rep-


resentatives
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




not returned in ten days, unless an adjournment inter-
vene, shall be laws


1


1


1


7


7


7


10


10


10
Borrow money, Congress may




1 8 11


C.
Capitation tax, apportionment of


1 9 13
Census, or enumeration, to be made every ten years


2 6
Citizens of the United States, who are; (14th amendment).


privileges or immunities of, not
to be abridged by any State
(14th amendment)


1


1


32


32




Art. See. Page.
Citizens of United States, not to be abridged on account of color,


race, or previous condition of ser-
vitude, (15th amendment) 1 34


Citizens of each State shall be entitled to the privileges and
immunities of citizens in the several States 4 2 21


Claims, no prdjudice to certain
of the United States, or of the several States, not to be


prejudiced by any construction of the Constitution


4


4


3


3


21,22


22
Coasting trade, regulations respecting 1 9 13
Coins, Congress fix value of foreign... 1 8 11
Commerce, Congress to regulate 8 11


regulations respecting, to be equal and uniform 1 9 13
Commissions to be granted by the President 2 3 18
Common law recognized and established, (7th amendment). - 30
Congress vested with power


may alter the regulations of State legislatures con-
cerning elections of senators and representatives,
except as to place of choosing senators


1


1


1


4


5


8
shall assemble once every year. 1 4 8
officers of government cannot be members of_
may provide for cases of removal, death, &c., of


6• 9


President and Vice-President.
may determine the time of choosing electors of


2 1 16,17


President and Vice-President
may invest the appointment of inferior officers in


the President alone, in the courts of law, or the
heads of department


2


2


1


2


16


18
may establish courts inferior to the Supreme Court 3 1 19
may declare the punishment of treason.
may prescribe the manner of proving the acts and


records of each State


3


4


3


1


20


21
to assent to the formation of new States
may propose amendments to Constitution or call a


convention


4


5


3


1


21,22


22,23
to lay and collect duties 1 8 11
to borrow money.. 8 11
to regulate commerce
to establish uniform laws of bankruptly and natu-


ralization
to coin money, to regulate the value of coin, and


fix a standard of weights and measures


1


1


1


8


8


8


/1


11


11
to punish counterfeiting.. 1 8 11
to constitute tribunals inferior to the Supreme Court_
to define and punish piracies, felonies on the high


seas, and offences against the laws of nations


1


1


8


8


12


12


INDEX TO THE CONSTITUTION.


Art. Sec.


37


Page.
Congress to establish post offices and post roads


1 8 11
to authorize patents to authors and inventors




to declare war, grant letters of marque, and make
rules concerning captures




1


1


8


8


11


12
to raise and support armies


1 8 12
to provide and maintain a navy.
to make rules for the government of the army and


navy.


1


1


8


8


12


12
to call out the militia. in certain cases—. -.


1 8 12
to organize, arm, and discipline militia
to exercise exclusive legislation over seat of govern-


ed.. ment
to pass laws necessary to carry the enumerated


powers into effect
to dispose of and make rules concerning the terri-


tory or other property of the United States


1


1


1


4


8


8


8


3


12


12


13


22
President may convene and adjourn in certain cases




may enforce prohibition of slavery by appropriate
legislation, (amendment)


may, by a two-thirds vote, remove disability of per-
sons who engaged in rebellion, (14th amendment).


shall have power, by appropriate legislation, to enforce
the provisions of Article XIV, (14th amendment).


shall have power to enforce the provisions of Arti-


2


13


..


..


3


2


3


5


18


32


33


33


XV, (15th amendment)
representation in, how apportioned, (14th amend-


ment) . f2


34


32
Constitution, how amended 5 1 22, 23


laws and treaties declared to be the supreme law.
rendered operative by the ratification of nine


6 1 23e


States 7 1 23
Contracts, no law impairing 1 10 14
Conventions for proposing amendments to the Constitution_. 5 I 22
Counterfeiting, Congress to provide for punishment of


1 • 8 11
Court, Supreme, its original and appellate jurisdiction.. 3 2 20
Courts inferior to the Supreme Court may be ordained by Con-


gress
1 8 12


Ditto Ditto 3 1 19
Crimes, persons accused of, fleeing from justice, may be de-


manded 4 2 21
how to be tried 3 2 20


Criminal prosecutions, proceedings in cases of 30
D.


Debts against the confederation to be valid
6 1 23




Sec. Page.


4 33


4 33


3 33
8 1-.
9 1.;


10 14
9 13


10 14


4 8


5 8


1 15
31


1 16


1 15
2 6
1 15
9 13


10 14
9 13


10 14


30
2 21
2 21


9 13


2 6
3 7, 8
3 8
4 19
9 13


39


Soc. Page.
1 19
1 19


12
1 19
2 19


31


1 21


2 20
30


30


1 23
30


3 18


8


8 12
8 12
8 12
2 17


29


9 13
8 11


10 • 14


8 11
8 12
9 14


10 14


1 17
1 23
3 33


2 5


38 INDEX TO THE CONSTITUTION.


Art.


Debt, public, authorized by law, shall not be questioned,(14th
amendment)


incurred in aid of rebellion not to he assumed or paid,
(14th amendment)


Disability of persons who engaged in rebellion, (14th amend-
ment)


Duties to be laid by Congress, and to be uniform ....... 1
further provision respecting
cannot be laid by the States 1
on exports prohibited 1
on imports and exports imposed by States shall inure


to the treasury of the United States ......... 1


E.
Elections of Senators and representatives shall be prescribed


by the States •
1


qualifications and returns of members of Congress
to be determined by each house 1


Electors of President and Vice-President, how chosen, and
their duties


2
altered, (see 12th amendment)
to vote the same day throughout the United States.
no senator or representative, or public officer, shall


serve as 2
Enumeration every ten years.....


1
Executive power vested in the President, (see President) 2
Exports not to be taxed 1


and imports, States prohibited from laying duties on 1
Tx post facto law, none shall be passed 1


prohibited to States. 1


F.
Fines, excessive prohibited
Fugitives from justice to be delivered up 4


from service may be reclaimed ..... ....____ 4


Habeas corpus, writ of, can only be suspended in cases of
rebellion or invasion




1
House of Representatives. (See Representatives.)


I.
linpeachment to be brought by House of Representatives 1


tried by the Senate 1
judgment on .. 1
all civil officers liable to


2
tniportation of slaves, trot prohibited till 1808 1


INDEX TO THE CONSTITUTION.


J.
Art.


Judges shall hold their offices during good behavior.... .... 3
theircompensation ..... ................ .......... 3


Judiciary—tribunals inferior to Supreme Court may be created. 1
, rndicial power vested in a Supreme Court and cottrts inferior. 3




powers of the judiciary




3
restriction as to suits against a State.




Judicial proceedings of each State are entitled to faith and
credit in every State. 4


Jury trial sectired, and shall be held in the State where the
crime shall have been committed.. 3
-further regulated, (6th amendment.)




secured in suits at common law where the value in
controversy shall exceed twenty dollars, (7th




amendment)
L.


Law, what is declared the supreme
. 6


common, recognized and established, (7th amendment). —
Laws, President to see them faithfully executed


2
Legislative powers vested in Congress. (See Congress.)
Loans, authority to make




1


M.
Marque and reprisal, letters of 1
Militia to be called out 1


to be officered by the States 1
to be commanded by the President




2
their right to keep and bear arms secured, (2d amend-


ment)
Money shall be drawn from the treasury only by appropriation


laws 1
Congress to coin and regulate value of




1
States cannot make


N.
Naturalization, uniform rules of 1
Navy, Congress to provide and govern 1
Nobility, titles of, shall not be granted by the United States. 1


nor by the States


P.
Oath of the President 2




of the public officers 6
Office, who prohibited from holding, (14th amendment).___..
Officers of the House of Representatives shall be chosen by the


House...... ..... 1




INDEX TO THE CONSTITUTION.


Art.
Privileges and immunities of members of Congress




of citizens. (See Citizens, also Rights.)
Property, Congress to provide for care of public




4
shall not be taken for public use without just com-


pensation, (5th amendment)


Punishments, cruel and unusual, prohibited


Quorum for business, what shall be a.


1
of States in choosing a President by the House of


Representatives


2Quartered, no soldier to be quartered on a citizen ........
R.


Rebellion, debt incurred in aid of, not to be assumed or paid,
(14th amendment)


disability of persons who have engaged in, (14th
amendment)


Receipts and expenditures, accounts of, to be published 1
Records, how to be authenticated






4
Religion—no law to be made—free exercise of






religious test not required




6
Reprieves granted by the President






2
Representatives, House of, composed of members chosen every


second year


1
qualifications of voters




1
qualifications of members




1
apportionment of


vacancies, how supplied
1


shall choose their officers


1
shall have the power of impeachment




shall be the judge of the election and qualifi-
cations of its members_




1
what shall be a quorum




1
any number may adjourn and compel the


attendance of absentees


.... 1
may determine the rules of proceeding




1
may punish or expel a member




1
shall keep a journal and publish the same




1
shall not adjourn for more than three days


nor to any other place, without the consent
of the Senate


one-fifth may require the yeas and nays.... 1
shall originate bills for raising revenue




1
compensation to be ascertained by law -




1
privileged from arrest, except in certain cases




41




Sec. Page.
'-


6 9


4 3 22


30
30


5 8


1 16
29


4 33


3 33
9 13,14
1 21


29
23


2 17,18


2 5
2 5
2 5,6
2 6
2 6
2 6
2 6


5 8
5 8


5 8
5 8
5 8
5 9


5 9
5 9
7 10
6 9
6 9


40 INDEX TO THE CONSTITUTION




Art..


Sec. Page


Officers of the'Senate shall be chosen by the Senate 1 3 7
civil, may be removed by impeachment 2 4 19


Order of one house requiring the concurrence of the other 1 7 10,11
P.


Pardons, President may grant . 2 2 17
Patents to be granted to inventors . 1 8 11
Petition, right of . ..... 29
Persons held to service or labor, their importation or migration




into the United States may be prohibited after 1808 1 9 13
escaping from one State to another shall be delivered


up to those entitled to service 4 2 21


Piracy, Congress to prescribe punishment for 1 8 12
Post offices and post roads, establishment of 1 8 11
Powers not delegated to Congress nor prohibited to the States


are reserved,( 10th amendment) 31
legislative. (See Congress.)
executive. (See President.)
judicial. (See Judicial.)


Presents from foreign powers to public officers prohibited 1 9 14
Press, freedom of .. 29
President of the U. S. vested with the executive power 2 1 15


shall be chosen for four years.. 2 1 15
how elected 2 1 15
same, (12th amendment).. 31,32
qualifications for ...... _... 2 1 16
who shall act in ease of vacancy 2 1 17
compensation of... 2 1 17
shall take an oath of office 2 1 17




may be removed by impeachment... __ 2 4 16


President, commander of army, navy, and militia 2 2 17
may require the written opinions of.the heads of


departments 2 2 17
may reprieve and pardon.. 2 2 17
may make treaties with consent of the Senate 2 2 18
may appoint to office with consent of the Senate 2 2 18
shall fill up vacancies happening during the recess


of the Senate 2 2 18
shall give information to Congress and recommend




...... 2 3 18measures
may convene both houses or either house 2 3 18
may adjourn them in case of disagreement 2 3 18
shall receive ambassadors and public ministers 2 3 18
shall take care that the laws be faithfully executed 2 3 18
shall commission all officers 2 3 18




42 INDEX TO THE CONSTITUTION.
Art. Soc. Page.


Representatives shall not be questioned for speech or debate
in the House 1 6 9


shall not be appointed to office 1 6 9
shall not serve as electors of President
and direct taxes apportioned according to 11U1D-


-hers
bow apportioned among the several States,


(14th amendment)


2 1


2


2


15


6


32
who prohibited from being, (14th amendment) .. 3 33


Representation of a State, vacancies in, supplied until a new
election by executive authority 1 2 6


Resolution, order, or vote, requiring the concurrence of both
houses, to undergo the formalities of bills 1 7 10,11


Revenue bills to originate in the House of Representatives 1 7 10
Rights of the citizen declared to be


privileges of citizens of the several States. 4 2 21
liberty of conscience in matters of religion.___ 29
freedom of speech and of the press 29


to assemble and petition 29
to keep and bear arms 29
to be exempt from the quartering of soldiers
to be secure from unreasonable searches and seiz-


ures


to be free from answering for a crime, unless on
presentment or indictment of a jury


29


29,30
not to be twice jeoparded for the same offence.... — 30
not to be compelled to be a witness against himself
not to be deprived of life, liberty, or property with-


out due course of law


__
30


30
private property not to be taken for public use
in criminal prosecutions, shall enjoy the right of a


speedy trial by jury, with all the means neces-
sary for his defence


in civil eases trial to he by jury, and shall only be
re-examined according to common law
excessive bail shall not he required, excessive


fines imposed, nor cruel or unusual punishment
inflicted


enumeration of certain rights shall not operate
against retained rights


30


30


30 •


30


30


Rules, each house shall determine its own 1 5 8


S.
Scat of government, "exclusive legislation.... 1 8 12
Searches and seizures, security against 29


INDEX TO THE CONSTITUTION.


Art. See.


43
Page.Senate, composed of two senators from each State


3 6,7
how chosen, classed, and terms of service._._




1 3 7
qualifications of senators


i
,3 7


Vice-President to be President of the .
3 7


shall choose their officers
1


shall be the judge of the elections and qualifications
of its members


1


3


5


7


8
what number shall be a quorum




1
any number may adjourn, and compel attendance of


absentees
a


5


5


8


8
may determine its rules


1 5 8
may punish or expel a member..




1
shall keep a journal, and publish the same, except


parts requiring secrecy


.... 1
shall not adjourn for more than three days, nor to any


other place, without the consent of the other house.
1


5


5


5


8


9


9
one-fifth may require the yeas and nays


1 5 9
may propose amendments to bills for raising revenue


1 7 10
shall try impeachments


1 3 7
effect of their judgment on impeachment_




1 3 8
compensation to be ascertained by law




1 6 9
privileged from arrest
1 6 9


not questioned 'for any speech or debate


1 6 9
shall not be appointed to office


1 6 9
Senator, shall not be elector




2 1 15
who prohibited from being, (14th amendment)


3 33
Senators and representatives, elections of, how prescribed


1 4 8
Slaves, their importation may be prohibited after 1808


1 9 13
escaping from one State to another may be reclaimed


_ 4
claims for the loss or emancipation of, to be held illegal


and void, (14th amendment)


2


4


21


33
Slavery, except as a punishment for crime, prohibited, amend-


ment
13 1 32


Congress authorized to enforce the prohibition of,
(amendment)


13 2 32
Soldiers not quartered on citizens


29
Speaker, how chosen
Speech, freedom of


1 2 6
29


States prohibited from--
entering into treaty,.alliance, or confederation


1 10 14
granting letters of marque


1 10 14
coining money


1 10 14
emitting bills of credit .


1 10 14
making anything a tender but gold and silver coin


1 10 14




44 INDEX TO THE CONSTITUTION.


Art. Sec. Page.
States prohibited from


passing bills of attainder, ex post facto laws, or laws
impairing contracts . I 10 14


granting titles of nobility 1 10 14
laying duties on imports and exports 1 10 14
laying duties on tonnage 1 10 14
keeping troops or ships of war iu time of peace
entering into any agreement or contract with another


1 10 14


State or foreign power 1 10 14
engaging in war
abridging right of United States citizens of, to vote on


account of race or color, (15th amendment)._


1


..


10


1


14


34
States, new, may be admitted into the Union


may be formed within the jurisdiction of others, or by
the junction of two or more, with the consent of


4 3 21


Congress and the legislatures concerned 4 3 21, 22
State judges bound to consider treaties, the Constitution, and


the laws under it, as supreme 6 23
State, every, guaranteed a republican form of government,


protected by United States 4 4 22
Supreme Court. (See Court and Judiciary.)
Suits at common laze, proceedings in 30


T.


Tax, direct, according to representation 1 2 6
shall be laid only in proportion to census_.... 1 • 9 13


Tax on exports prohibited 1 9 13
Tender, what shall be a legal l 10 14
Territory, or public property, Congress may make rules con-


cerning 4 3 22
Test, religious, shall not be required 6 23
Tiles. (See Nobility.)
Title from foreign state prohibited 1 9 14
Treason, defined • 3 3 20


two wi tnesses, or confession, necessary for conviction . 3 3 20
punishment of, may be prescribed by Congress 3 3 20


Treasury, money drawn from, only by appropriation 1 9 13
Treaties, how made 2 2 18


the supreme law 6 .. 23
States cannot make. 1 10 14


V.


Vacancies happening during the recess may be filled tempora-
rily by the President 2 2 18


in representation in Congress, how filled 1 2 6 •


INDEX TO THE CONSTITUTION. 45


Art. Sec. Page.
Veto of the President, effect of, and proceedings on


1 7 10
Vice President of the U. S. to be President of the Senate.


1 3 7
how elected


...... 2 ,1 16
amendment...


.....


shall, in certain cases, discharge
the duties of President 2 1


31, 32


16, 17
maybe removed by impeachment. 2 4 19


Vote of one house requiring the concurrence of the other....
right of citizens to, not to be abridged on account of


race or color, (15th amendment)


1 7


1


10, 11


34


War, Congress to declare.
1 8 12


Warrants for searches and seizures, when and how they shall
issue, (4th amendment)


29Witness, in criminal cases, no one compelled to be against
himself, (5th amendment)


30
Weights and measures, standard of


1 8 11


Y.
Yeas and nays entered on journal


1 5 9




MANUAL


OF


PARLIAMENTARY PRACTICE.




TABLE OF CONTENTS.


EXTRACT FROM THE RULES OF THE HOUSE OF REPRESENTA-
TIVES OF THE UNITED STATES.


The rules of parliamentary practice comprised in Jefferson'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 the
joint rules of the Senate and House of Representatives.-(Adopted September 15,
1837.)


SEC. 1. Rules, importance of.
2. Legislature.
3. Privilege.
4. Elections.
5. Qualifications.
6. Quorum.
7. Call of the House.
8. Absence.
9. Speaker.


10. Address.
11. Committees.
12. Committee of the Whole.
13. Examination before Committees, &o
14. Arrangement of business.
15. Order.
16. Order, respecting papers.-
17. Order, in debate.
18. Orders of the House.
19. Petitions.
20. Motions.
21. Resolutious.
22. Bills. Reading.
23. Leave to bring in.
24. First reading.
25. Second reading.
26.


14 Commitment.
27. Report of Committee.
28. Recommitment.
29.


44 Report taken up.
30.


41 Quasi Committee.




50 CONTENTS.


SEC. 31. Bills. Second reading in the House.
32. Reading papers.
33. Privileged questions.
34. Previous question..
35. Amendments.
36. . Division of question.
37. Co-existing questions.
38. Equivalent questions.
39. The question.
40. Third reading.
41. Division of the Houses..
42. Title.
43. Reconsideration.
44. Bills sent to the other House.
45. Amendments between the House.
46. Conferences.
47. Messages.
48. Assent.
49. Journals.
50. Adjournment.
51. Session.
52. Treaties.
53. Impeachment.


PREFACE.


The Constitution of the United States, establishing a legis-
lature for the Union under certain forms, authorizes each
branch of it "to determine the rules of its own proceedings."
The Senate have accordingly formed some rules for its own
government; but these going only to few cases, they have re-
ferred to the decision of their President, without debate and
without appeal, all questions of order arising either under
their own rules, or where they have provided none. This
places under the discretion of the President a very extensive
field of decision, and one which, irregularly exercised, would
have a powerful effect upon the proceedings and determina-
tions of the House. The President must feel, weightily
and seriously, this confidence in his discretion, and the neces-
sity of recurring, for its government, to some known system
of rules, that he may neither leave himself free to indulge
caprice or passion, nor open to the imputation of them.
But to what system of rules is he to recur, as supplementary
to those of the Senate ? To this there can be but one an-
swer. To the sytem of regulations adopted for the govern•
ment of some one of the parliamentary bodies within these
States, or of that which has served as a prototype to most
of them. This last is the model which we have all studied,
while we are little acquainted with the modifications of it
in our several States. It is deposited, too, in publications
possessed by many, and open to all. Its rules are probably
as wisely constructed for governing the debates of a con-
siderative body, and obtaining its true sense, as any which
can become known to us; and the acquiescence of the Senate,
hitherto, under the references to them, has given them the
sanction of their approbation.




52 PREFACE.


Considering, therefore, the law of proceedings in the
Senate as composed of the precepts of the Constitution, the
regulations of the Senate, and, where these are silent, of the
rules of Parliament, I have here endeavored to collect and
digest so much of these as is called for in ordinary practice,
collating the Parliamentary with the Senatorial rules, both
where they agree and where they vary. I have done this,
as well to have them at hand for my own government, as to
deposit with the Senate the standard by which I judge, and
am willing to be judged. I could not doubt the necessity
of quoting the sources of my information, among which Mr.
Hatsel's most valuable book is pre-eminent; but as he has
only treated some general heads, I have been obliged to
recur to other authorities in support of a number of common
rules of practice, to which his plan did not descend. Some-
times each authority cited supports the whole passage.
Sometimes it rests on all taken together. Sometimes the
authority goes only to a part of the text, 'the residue being
inferred from known rules and principles. For some of the
most familiar forms no written authority is or can be quoted;
no writer having supposed it necessary to repeat what all
were presumed to know. The statement of these must rest
on their notoriety.


I am aware that authorities can often be produced in op-
position to the rules which I lay down as parliamentary.
An attention to dates will generally remove their weight.
The proceedings of Parliament in ancient times, and for a
long while, were crude, multiform, and embarrassing. They
have been, however, constantly advancing towards uniform-
ity and accuracy, and have now attained a degree of apti-
tude to their object beyond which little is to be desired or
expected.


Yet I am far from the presumption of believing that I
may not have mistaken the Parliamentary practice in some


PREFACE. 53
cases, and especially in those minor forms, which, being
practised daily, are supposed known to everybody, and
therefore have not been committed to writing. Our re-
sources, in this quarter of the globe, for obtaining informa-
tion on that part of the subject, aro not perfect. But I
have begun a sketch, which those who come after me will
successively correct and fill up, till a code of rules shall be
formed for the use of the Senate, the effects of which may
be accuracy in business, economy of time, order, uniformity,
and impartiality.


NoTE.—The rules and practices peculiar to the SENATE are printed betweenbrackets, U. Those of PARLIAMENT are not so distinguished.




MANUAL
OF


PARLIAMENTARY PRACTICE.


IMPORTANCE OF RULES.
SEC. 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 yotmg man, from old and experienced
members, that nothing tended more to throw power into the
hands of 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 con-
trol on the actions of the majority, and that they were, iu


.many instances, a shelter and protection to the minority,
against the attempts of power." So far the maxim is cer-
tainly true, and 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 them-
selves against similar attempts from those in power, are the
forms and Tildes of proceeding which have been adopted as
they were found necessary, from time to time, and are be-
come the law of the House; by a strict adherence to which,
the weaker party can only be protected from those irregu-
larities 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




56
MANUAL.


more material that there should be a rule to go by, than
what that rule is; that there may be a uniformity of proceed-
ing 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.


SEC. IL—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, S c. 1.]


[The Senators and Representatives shall receive a com-
pensation 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 amend-
ments.]


SEC. 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 pro-
gression at which they now are. It is now acknowledged,
1st.. That they are at all times exempted from question else-
where for anything said in their own House; that during the
time of privilege, 2d. Neither a member himself, his* wife,
nor his servants, (familiares sui, ) for any matter of their own,
may bet arrested on mesne process, in any civil suit: 3d. Nor
be detained under execution, though levied before time of


Order of the House of Commons, 1663, July 16.
Elsynge, 217 ; 1 Hats., 21; Grey's Deb., 133.


PRIVILEGE. 57
privilege : 4th. Nor impleaded, cited, or subpoenaed in any
court: 5th. Nor summoned as a witness or juror: 6th. Nor
may their lands or goods be distrained: 7th. Nor their per-
sons 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 pro-
ceedings to go on against them. That these privileges must
be continually progressive,,..seems to result from their reject-
ing 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 a.nd ascer-
tained. by any particular stated laws.' " 1 Blackst., 163, 164.


[It was probably from this view of the encroaching charac-
ter 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 them-
selves from their operation, have only privileged "Senators
and Representatives" themselves from the single act of
"arrest in all eases except treason, felony, and breach of the
peace, during their attendance at the session of their respect-
ive 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." Gout. U. S., Art. I, 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 de-
tails which may be necessary for giving full effect to the en-
joyment 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.* 2. The member arrested may be


*2 Stra., 989.




58 MANUAL.


discharged on motion, 1 166; 3 Stra.,
990; or by habeas


corpus under the Federal or State authority, athe.
case may


be; or by a writ of privilege out of the Char 2
Stra.)


989, in those States which have adopted that part of the laws
of England. Orders of the House of Commons,


1550, Febru-


ary
20. 3. The arrest being unlawful, is a trespass for which


the officer and others concerned are liable to action or indict-
ment in the ordinary courts of justice, as in other cases of un-
authorized


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, Con-
gress, 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 ex-
tend, as it does here, only to exemption from arrest, eundo,
morando, 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 con-
straining 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 subpoena ad respondendum,
or testificandum, or a summons on a jury; and with reason,.
because a member has superior-duties to perform in another
place. [When a representative is withdrawn from his seat
by summons, the 40,000 people whom he represents Jose
their voice in debate and vote, as they do on his voluntary
absence: w'aen a senator is withdrawn by summons, his State


PRIVILEGE. 59


loses half its voice in debate and vote, as it does on his vol-
untary 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 integ-
rity 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 chal-
lenge 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 sup-
port of it, that every man, by the law of nature, and every
body of men, possesses the right of self-defence; that all pub-
lic 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 Par-
liament exercise the right of punishing contempts; all the
State Legislatures exercise the same power, and every court
doe3 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 impractica-
ble; that if our tranquillity is to be perpetually disturbed by
newspaper defamation, it will not be possible to exercise our
functions with the requisite coolness and deliberation; and




GO MANUAL. PRIVILEGE.
61


that we must, therefore, have a power to punish these dis-
turbers of our peace and proceedings. To this it was an-
swered, that the Parliament and courts of England have cog-
nizance 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 Con-
gress have no such natural or necessary power, nor any pow-
ers but such as are given them by the Constitution; that that
has given them, directly, exemption from personal arrest, ex-
emption 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 un-
disturbed exercise of their functions, e. g., for the punish-
ment 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, how-
ever, that 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 offence. 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 offence is to
be kept undefined, and to be declared only ex re nata, and
according to the passions of the moment., and there be no


limitation either in the manner or measure of the punish-
ment, 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 mean time, 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 them, and thereby hang
up a rule for the inspection of all, which may direct the con-
duct 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. Menzor., 107,108. D'Ewes,
642, col. 2; .643, col. 1. Pet. Miscel. Parl., 119. Lex. Part.,
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.




I
62 MANUAL.


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 parliamentarium, to ex- .
ceed the bounds and limits of his place and duty. Coiri3p.


If an offence be committed by a-member in 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
the proceedings of inferior courts, but not , of the House it-
self. 2 .Nolson,450; 2 Grey, 399. For whatever is spoken in
the House is subject to the censure of the House; and offences
of this kind have been severely punished by calling the per-
son to the bar to make submission, committing him to the
tower, expelling the House, &c. Scob., 72; L. Part., 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 pro-
ceeding. 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 pretences of treason, &c., 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.


PRIVILEGE.
63


on the King's declaring Sir John Hotham a traitor. 4 .Rushes.,
586. So, when a member stood indicted for felony, it was
adjudged that he ought to remain of the House till,convic-
tion; 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. Part., 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 Bats., 259. Of which see
many examples. lb., 256, 257, 258. But the communica-
tion 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 in-
fluence that freedom of debate, which is essential to a free coun-
cil. 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, dud., 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 ex-
pressing displeasure against some persons for matters moved
in parliament during the debate and preparation of a bill,
were breaches of privilege; 2 Halson, 743; and in 1783, De-
cember 17, it was declared a breach of fundamental privileges,
&c., to report any opinion or pretended opinion of the king
on any bill or proceeding depending in either House of Par-
liament, with a view to influence the votes of the members.
2 Hats., 251, 6.




STATES. 1787. (a) 1790. (1.) 1800. (c)1810. (d) 1820. (c) 1830. (f )
•Maine(g)..... .... .. .. . . .. 7


' 8
New Hampshire 3 4 5 6 6 , 5
Massachusetts 8 14 17 20 13 12
Rhode Island ........ 1 2 2 2 2 2
Connecticut ..... ...... 5 7 7 7 6 6
Vermont 2 4 6 5 5
New York ..... 6 10 17 27 34 40
New Jersey.... ...... 4 5 6 6 6 6
Pennsylvania .... 8 13 ]8 23 26 28
Delaware


1 1 1 2 1 1
Maryland - 6 8 9 9 9 8
Virginia
10 19 22 28 22 21


Nortlf ;Carolina. 5 10 12 13 13 13
South Carolina 5 6 8 9 9 9
Georgia . 3 2 4 6 7 9
Kontiicky ......


- - - -
--


2 6 10 12 13
Tennessee (1t) • — 3 6 9 13
Ohio (i) _. .. 6 14 19
Louisiana (j) -- .. - - 3 3
Indiana (10 ...


- -
3 7


Mississippi (1)
- -


__


--
1 2


Illinois (m)
- -


--


1 3


Mi
Alabama (a)




ssouri (o) .....
- - - -


- -


- - - -


3
- -


5
2


Michigan (p)


- - --


--


--


Arkansas (q) --
- •


-- --


- -


[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:


(a) As per Constitution.
(b) As per act of April 14, 1792, one representative for 33,000—first census.


5


QUALIFICATIONS. 65


I


64
MANUAL.


SEC. IV.—ELECTIONS.


[The times, places, and manner of holding elections for sena-
tors 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., 1, 4.1[Each house shall be the judge of the elections, returns,
and qualifications of its own members. Const., I, 5.]


SEC. V.—QUALIFICATIONS.
[The Senate of the United States shall be cornpsed of two


senators from each State, chosen by the legisfature 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 maybe
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 resig-
nation or otherwise, during the recess of the legislature of
any State, the executive thereof may make temporary ap-
pointments 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 inhab-
itant of that State for which he shall be chosen. Const., I, 3.]


[The House of Representatives shall be composed of mem-
bers chosen every second year by the people of the several


Sttes;req.
the electors in each State shall have the qualifi-


caaion s rqisite for electors of the most numerous branchC tions
of the State legislature.]


1No person shall be a representative who shall not have at-
tained 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.]




66 MAN UAL.


[When vacancies happen in the representation from any
State, the executive authority thereof shall issue 'writs of
election to fill such vacancies. Const., I, 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 in-
creased, 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.]


SEC. W.—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 busi-
(c) As per act of Jan. 14, 1802, one representative for 33,000—second census.
(d) As per act of Dec. 21, 1811, one representative for 35,000—third census.
(e) As per act of Mar. 7, 1822,. one representative for 40,000—fourth census.
(f) As per act of May 22, 1832, one representative for 47,700—fifth census.
(g) Previous to the 3d March, 1820, Maine formed a 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
15th of the same month. On the 7th of April, 1820, Maine was declared entitled
to seven representatives, to be taken from those of Massachusetts.


(Ii) Admitted under act of Congress of June 1, 1796, with one representative
(i) Do do. . do_ April 30, 1802 do do.
(j ) Do . ...... . do .... .... do .... .... April 8, 1812 do do.
(k) Do . do do. Dec. 11, 1816 do do.
(/) Do do do Dec. 10, 1817 do do.


(m) Do.. ...... do........... do— .._ . . Dec. 3, 1818 do do.
(a) Do do . do . Dec. 14, 1819 do do..
(o) Do .... _ ... do _ ... ... _ do .. _ . .... Mar. 2, 1821 do do.
(p) Do do_ do Jan. 26, 1837 do do.
(q) Do . do do_ . June 15, 1836 do do.


CALL OF THE HOUSE.
67


ness is present ; unless, after due waiting, such a quorum be
despair,d-of, when the chair may be taken and the House
adjourned. And whenever, during business, it is Oserved
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.]


SEC. VII. —CALL OP 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 over. Then
the absentees are 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 all 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.


Orders for calls on different days may subsist at the same
time. 2 Hats., 72.


SEC. 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, respect-
ively, unless such excuse for non-attendance shall be made
as the Senate, when a quorum is convened, shall judge suf-
ficient : and in that case the expense shall be paid out. of the
contingent fund. And this rule shall apply as well to the first




68 MANUAL.


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.]


SEC. IX.—SPEAKER.


[The Vice President of the United States shall be
the


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 Presi-
dent pro tempore in the absence of the Vice President, or
when he shall exercise the office of President of the United
States. lb.][The House of Representatives shall choose their Speaker
and other officers. Cons!., 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 14 days. 1 Oland., 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 Presi-
dent'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 tem-
pore 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 ; • 01


1659, January 13.


ADDRESS.


Sir Job Charlton ill, Seymour chose
1673, February 18.


Seymour being ill, Sir Robert Saw- 1-
yer chosen, 1678, April 15.


Sawyer being ill, Seymour chosen. J
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 L. Pali., 263.


A Speaker may be removed at the will of the House, and a
Speaker pro tempore appointed. •


2 Grey, 186; 5 Grey, 134.
SEC. X.—ADDRESS.


[The President shall, from time to time, give to the Con.-
gross information of the state of the Union, and recommend
to their consideration such measures as he shall judge neces-
sary 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 Com-
mons only, may be presented by the whole House-, or by the
Speaker, 9 Grey, 473; 1 Chandler,-298, 301; or by such par-
ticular members as are of the privy council. 2 flats., 278.


SEC. XI.—COMMITTEES.


Standing committees, as of privileges and elections, &c.,
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 pro-
ceedings to the House. 4 Inst., 11,12; Seob.,9; 1 Grey,122.


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 ; bat such
substitution shall not extend beyond an adjournment.


69


Jot merely pro tem-
pore.. 1' Chanel.,
169, 276, 277.




70 MANUAL.


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 peti-
tion but through the House, 9 Grey, 412.


When a committee is charged with an inquiry, if a mem-
ber 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 Nats., 319.
, It appears gthat 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.*


MILE 33. The following standing committees, to consist of five members
each, shall be appointed at the commencement of each session, with leave to


report by bill or otherwise:
A Committee on Foreign Relations:
A Committee on Finance.
A Committee on Commerce.
A Committee on Manufactures.
A Committee on Agriculture.
A Committee on Military Affairs.
A Committee on the Militia.
A Committee on Naval Affairs.
A Committee on Public Lands.
A Committee on Private Land Claims.
A Committee on Indian Affairs.
A Committee of Claims.
A Committee on the Judiciary..


COMMITTEE OF THE WHOLE.
-71


SEC. X11.—COMMITTEE OF THE WHOLE.


The speech, messages, and other matters of great concern-
ment, 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, accord-
ing 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 com-
mittee, 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
under consideration such a matter, naming it. If determined
in the affirmative, he leaves the chair and takes a seat else
where, 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 de-
fect happens, the chairman, on a motion and question, rises,
the Speaker resumes tire 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 cora-


A Committee on the Post Office and Post Roads.
A Committee on Pensions.
A Committee on the District of Columbia.
A Committee, of three members, whose duty it shall be to audit and control


the contingent expenses of the Senate.
And a Committee, consisting 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 to make report that they are correctly en
grossed ; which report shall be entered on the journal.




72 MANUAL. EXAMINATION OF WITNESSES. 7 3
mittee, 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 dif-
fering 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 commit-
tee, 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 re-
turning 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. 'cob., 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 pro-
ceedings 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. It' 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," &c., or a motion is
made to that effect, and a question .put that it be received
to-morrrow, &c. 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. Part, 115; 1 Grey,
16-22, 92; 8 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 per-
son 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. lb., 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.




74 MANUAL.


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 command, the attend-
ance of a member of the other. They are to make the re-
quest by message to the other house, and to express clearly
the purpose of attendance, that no improper subject of ex-
amination may be tendered to him. The House then gives
leave to the member to attend, if he choose it; waiting first
to know from the member himself whether he chooses to
attend, till which they do not take the message into consid-
eration. But when the peers are sitting as a court of crim-
inal judicature, they may order attendance, unless where
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 in-
dividual 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 others having priority of right to their
attention in the general order of business.


[In Senate, the bills and other papers which are in posses-
sion of the house, and in a state to be acted on, are arranged
every morning, and brought on in the following order:]


ARRANGEMENT OF BUSINESS. 75
[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 commit-
ment, 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 unfin-
ished 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 despatched, 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 accord-
ing to its seniority, reckoned by the date of its first intro-
duction to the Louse. 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 com-
mittees on the second reading, and those reported from




76 MANUAL.
ORDER IN DEBATE. 77


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 origi-
nal 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.]


SEC. 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 Par-
liament, cannot be called custom of Parliament; by Prynne.
I Grey, 52.]


SEC. XVI.-ORDER RESPECTING PAPERS.


The clerk is to let no journals, records, accounts, or papers,


be taken from the table or out of his custod y. 2 Hats . 193,
194.


Mr. Prynne having at a committee of the whole anrnded
a mistake in a bill without order or knowledge of the com-
mittee, was reprimanded. 1 Chand., 77.


A bill being missing, the House resolved that a. protesta-
tion should be made and subscribed by the members "before
Almighty God, and this honorable House, that neither my-
self nor any other to my knowledge have taken away, or do
at this present conceal a bill entitled," &c. 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. 209.


SEC. XVII.-ORDER IN DEBATE.


When the Speaker is seated in his chair, every member
is to sit in his place. Scob., 6; 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, 77; 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; where-
upon he proceeds, unless he voluntarily sits down and gives
way to the other. But sometimes the House does not ac-
quiesce in the Speaker's decision, in which case the ques-
tion is put, " Which member was first up ?" 2 Hats:, 76;
Scob., 7; D'Ewes, 434 col. 1, 2.




78 MANUAL


[In the Senate of the United States, the President's de-
cision 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 Comm., L. 2, c. 3 ; Areal 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 clear a matter


of fact, 3 Grey, 357, 416 ; or merely to explain himself
(2 Hats., 73) in some material part of his speech, lb., 75 ;
or to the manner or words of the question, keeping himself
to that only, and not travelling into the merits of it, Memo-


rials 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. Ilakew., 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 Pali., 133; Mem. in Kakew., 30, 31. Neverthe-
less, 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,
superfluous or tediously. Scob., 31, 33; 2 Hats., 166, 168;


Hale Parl., 133.
No person is to use indecent language against the proceed


ings of the House; no prior determination of which is to be


ORDER IN DEBATE.
79


reflected on by any member, unless he means to conclude with
a motion to rescind it. 2 Hats., 169,170; Bushalv., p. 3, v. 1,
fol. 42. But while b. proposition under consideration is still infieri, though it has even been reported by a committee, reflect-
tions 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 ques-
tion, &c., Mem. in Ilakew., 3; Smyth's Comw., L. 2, c. 3; nor
to digress from the matter to fall upon the person (Scob., 31;
Hale Part., 133; 2 Hats., 166) by speaking, reviling, nip-
ping, or unmannerly words against a particular member.
Smyth's Coma., L. 2, c. 3. The consequences of a measure
may be reprobated in strong terms; but to arraign the mo-
tives 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. Com., 1604, Apr. 19.


[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. Rule 6.]


[No member shall speak to another or otherwise interrupt
the business of the Senate, or read any printed paper 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 speechby hissing, cough-
ing, 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 pass 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 inclina-
tion of the House to hear him, and that by conversation or




ORDER. IN DEBATE.
8180


MANUAL.


: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 Bats., 77, 78.


If repeated calls do not produce order, the Speaker may
call by his name any member obstinately persisting in irreg-
ularity; whereupon the House may require the member to
withdraw. He is then to be heard in exculpation, and to
withdraw. Then the Speaker 4tates the offence committed,
and the House considers the degree of punishment they will
inflict. 2 Hats., 167, 7, 8, 172.


For instances of assaults and affrays in the House of Com-
mons, 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 has 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 differ-
ences, 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 per-
son 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. Butil two
members still insist to take the sense of the House, the mem-
ber 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 intervened, after offensive words spoken, they can-
not be taken notice of for censure. And this is-for the corn-.
mon 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; Nem. in Llakew., 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 exceptionable 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. ,S'nzyth's Comw., L. 2, c.3; 2Hats., 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 in-
fluenced by the proceedings of tl y3 other; and the quoting
them might beget reflections leading to a misunderstanding
between the two houses. S Grey, 22.


Neither house can exercise any authority over a member or
officer of the other, but should complainU the house of which
he is, and leave the punishment to them. Where the com-
plaint 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 theIm


mediate noting down of words) for the security of mem-6




82 MANUAL.


bers. Therefore it is the duty of the House, :and more par-
ticularly of the Speaker, to interfere immediately, and not to
perrnitexpressions to go unnoticed which may given groundof
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 4 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 divi-
sion. In a case so contrary, not only to the laws of decency,
but to the fundamental principle of the social compact which
deniestaany man to be a judge in his own cause, it is for the
honor ofihe 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 con-
trolled by the House. 3 Grey, 319.


ORDERS OF THE HOUSE.


SEC. XVIII.—ORDERS OF THE HOUSE.


Of tight, the doors of the House ought not to be shut,
but to be kept by porters, or sergeants-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 theAoors shall
remain shut. Rule 181


• [No motion shall be deemed in order 'to admit any person
or persons whatever Within the doors of the Senate cham-
ber 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 Halcov., 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
*interesting matter, they ought not to be proceeded on till


anl; noon.]
which the House is usually full, [which, in Senateat


Orders of the day may be discharged at any time, and a
new one made for a different day. 3 Grey, 48, 313.


W
When a session is drawing to a close, and the important
s are all brought in, the House, in order to prevent in-




84
MANUAL.


terruption 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, 15G.


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.. Balm., 120; Jacob's L.
D. by R4ffhead ; Parliament, 1 Lev., 165 (Pritchard' s case.)


[Where the. Constitution authorizes each house to deter
mine 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, &c. 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.]


SEC. XIX.-PETITION.


A petition prays something. A remonstrance has no
prayer. 1 Grey, 58.


Petitions must be subscribed by the petitioners, (Scob.,
S7; L. Part., 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 hand-
writing of the petitioner, and his name written in the be-
ginning, was on the question (Mar. 14, 1800) received by
the Senate. The averment of a member, or of somebody
without doors, that they know the handwriting of the peti-
tioners, 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, 51.


MOTIONS. 85
[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.


SEC. 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
by the President, before the same shall be debated. Pule 10.]
• It might be asked, whether a motion for adjournment, or


for the orders of the day can be made by 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 rising and addressing the Chair. Such
calls are themselves breaches of order, which though the




1


86 MANUAL. BILLS.
87


member who has risen may respect, as an expression of im-
patience of the House against further debate ; yet if he
chooses, he has a right to go on.


SEC. XXI.—RESOLUTIONS.


When the House commands, it is by an " order." But
Fact, 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 16,) 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.]


SEC. 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].


SEC. 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 enti-
tled, &c. 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. , 132; Scob., 40.


It is to be presented fairly written, without any erasure
or interlineation, or the Speaker may refuse it. Scob., 41;
1 Grey, 82, 84.-


SEC ).ary.—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 shallbe 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. .1).? ' Ewes, 335, col. 1; 3 Rats., 198.


SEC. 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 tobe 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 ?]


SEC. 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




0
88


MANUAL.


power over the names and number, if a question be moved
against any one; 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 em-
ployed in any matter who has declared himself against it."
And when any member who is against the bill hears himself
named of its committee, he ought to ask to b.g 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 -hill shall be committed or amended until it shall
have been twice read; after which it may be referred to a
committee. Rule 27.]


Lin 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. 1380 but it is usual to deliver it to
him who is first named.


In some cases the House has ordered a committee to with-
draw immediately into the committee chamber and act on and
bring back the bill, sitting in the House. Scob., 48. A


BILLS. 89


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,
&c., 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 ques-
tions 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 origi-
nating with them, they proceed by paragraphs; putting ques-
tions 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 una-
mended. But if it be a paper referred to them, they pro-
ceed 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
o the whole paper, and think it cannot be made good by




90 MANUAL.


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 Par-
liament, that when a latter part has been amended,. you.
cannot recur back and make any alteration in a former part.
2 Hats., 90. In numerous assemblies this restraint is doubt-_
less 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 correspondent 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 been offered, and, indeed, till
little of the original is left. It is the proper time, there-


fore, 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 u subse-
quent proposition for the body of the• resolution; but the
House is not in possession of it; it remains it 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 c converse.]


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 he
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 amend.
ments, stating the words which are to be inserted or omit-
ted, (Scob., 50,) and where; by references to the page, line,
and word of the bill. Scob., 50.,


SEC. XXVII.-REPORT OF COMMITTEE.


The chairman of the committee, standing in his place, in-
forms 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 with-
out 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, gen-
erally dispenses with the formality of a motion and question.
lie then reads the amendments, with the coherence in the
bill, and opens the alterations and the reasons of the come
mittee for such amendments, until he has gone through then




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. &ob.,
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.


SEC. XXVIII.—BILL, RECOMMITMENT.


After a bill has been committed and reported, it aught not
in an ordinary course to be recommitted; but in cases.of im-
portance, and for special reasons, it is sometimes recommit,
ted, and usually to the same committee. Rizicew..151. if
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 . 3 Bats., 131—note.


In Senate, January, 1800, the salvage bill was recommit-
ted 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.


SEC. 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 Torbuek! s Deb., 125; 3 Hats., 348,)
no question needs be put on the whole report. 5 Grey, 381.


On taking up a bill reported with amendments, the amend-
ments only are read by the Clerk. The Speaker then reads
the first, and puts it to the question, and so on till the whole


are adopted or rejected, before any other amendment be
admitted, except it be an amendment to an


.
amendment.


Etsynge s Hem., 53. When through the amendments of the
committee, the Speaker pauses, and gives time for amend-
ments 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 shall be read the third time ?


SEC. XXX.—QUASI-COMMITTEE.
If on motion and question the bill be not committed, or if


no proposition for commitment be made, then the proceed-
ings 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 mem-
ber 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 Presidentpro tempore.


[The proceedings of the Senate, as in a Committee of the
Whole,or in Quasi-Committee,is precisely as in' a real Com-
mittee of the Whole, taking no questions but on amendments.
When through the whole, they consider the Quasi-Commit-
tee as risen, the House resumes without any motion, question,
or resolution to that effect, and the President reports that
" the House, acting as in a Committee of the Whole, have


RILLS—QUASI-COMMITTEE.
9392 MANUAL.




BILLS—SECOND READING.
95


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 a 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 mo-
tion to adjourn, and adjourns as a house, not as a committee.]


SEC. 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 ques-
tion 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.


[5 But the Senate of the United States is so much in the
*The former practice of the Senate referred to in this paragraph has been


changed by the following rule :
[The final question upon the second reading of every bill, resolution, con-


stitutional amendment or motion, originating in the Senate, and requiring three
r
eadings previous to being passed, shall be, "Whether it shall be engrossed and


read a third time?" and uo amendment shall be received for discussion at the


94 MANUAL.


had under their consideration the bill entitled, Sze., and have
made sundry amendments, which he will now r,•port to the
House." The bill is then before them, as it would have been
if reported from a committee, and 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 al-
ready made fall. But if the motion fails, the livasi-Com-
mittee stands in statu quo.]


[How far does this 28th rule subject the House, when in
Quasi-Committee, to the laws which regulate the proceed-
ings of Committees of the Whole ?] The particulars in which 101
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 tnanother 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 corn mittee, the
House can discharge them, and proceed itself on the business,
keeping down the improper discussion by the previous ques-
tion. 5. A committee cannot punish &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,




96 MANUAL.


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. there-
fore, 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


third reading of any bill, resolution, amendment, or motion, unless by unani-
mous consent of the members present ; but it shall at all times be in order before
the final passaee 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, consti-
tutional amendment, or motion, shall be again read a second time, and con-
sidered as in Committee of the Whole, and then the aforesaid question shall be


again put. Rule 29.]


READING PAPERS. 97
accident and management may and often do prevent. a suc-
cessful rallying on the next and last question, whether it
shall pass ?


4


When the bill is engrossed, the title is to be indorsed on
the back, and not within the. bill. Hakew. . 250.


SEC. 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. Ile 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. lb.


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 pre-
vent an abuse of time, and therefore is not refused but
Where that is intended. 2 Grey, 227.


A report of a committee of the Senate on a bill from the
7




98 MANUAL.


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 member insists they shall be read, and then nobody can
oppose it. 2 Hats" 117.


SEC. XXXIIE—PRIVILEGED QUESTIONS.


[a 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. Part.,
274; Elsynge Mem., 85; Ord. Rouse 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


*This rule has been modified so as to specify the questions entitled to prefer-
ence. The rule is now as follows :


[When a question is under debate, no motion shall be received but to ad-


journ, 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.]


99
for adjournment—that is to say, the question' which is the
subject of an order is made a privileged one, pro lac 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 clay and de-
feat 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 he 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 in-
expedient 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 Rats., 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 dis-
continuance of it.


3. When a motion is made which it will be proper to act..


PRIVILEGED QUESTIONS.




100 'MANUAL.


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 be-
fore may not speak again when the adjourned debate is re-
sumed. 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.their table. It may then be called
for at any time.


5. If the proposition will want more amendment and di-
gestion than the formalities of the House will conveniently
admit, they refer it to a committee.


0. 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:


TILE SENATE USES :


Postponement indefinite, Postponement to a day beyond
the session.


Adjournment,






Postponement to a day within
the session.


Postponement indefinite.
Lying on the table.


rule, therefore, which declares that while
a question is before the Senate no motion shall be received,
unless it be for the previous question, or to postpone,
mit, or amend the main question, the term postponement,
must be understood according to their broad use of it, and


FOR THE PARLIAMENTARY,


Lying on the table,
In their eighth


PRIVILEGED QUESTIONS.
101


not in the parliamentary sense. Their rule, then, estab-
lishes as privileged questions the previous question. post
ponement, commitment, and amendment.


But it may be asked, Have these questions any privilege
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:


and the first member
amend j of the


previous question fourth class, the rule
commit
" first moved first


amend
put" takes place.


question
postpone
amend
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 pat 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 out4of 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


first, second,1. Previous question and postpone In the! and third classes,
commit


2. Postpone and


3. Commit and previous


4. Amend and previous




102 MANUAL.


proposition is removed from before the House, and conse-
quently there is no ground for the previous question, commit-
ment, 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 commit-
ting, 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 notwith-
standing move to commit it, and the question'for commit-
ment shall be first put." Scob., 46.


We have hitherto considered t he case of two or more of the
privileged questions contending for privilege between them-
selves, 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 put-
ting a previous question on it. This is not allowed, because it
would embarrassquestions too much to allow them to be piled
on one another sever


PRIVILEGED QUESTIONS.
103


be had in a more simple way, by deciding against the post-
ponement, 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 corn-


- mitment 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 origi-
nal, 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?"--1.. 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 with-
out 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


I


al stories high; and the same result may




104 MANUAL.


commitment of a main question, as by adding, for example;
with instructions to inquire," &c. 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
au 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 amend-
ment to the amendment. The same result must be sought
by,deciding against the amendment to the amendment, and
then moving it again as it was wished to be amended. In
this form it becomes only an amendment to an amendment.


[When motions are made for reference of the same sub-
ject to a select committee and to a standing committee, the
question on reference to the standing committee shall be
first put. Rule 35.]


[In filling a blank with a sum, the largest sum shall be first
put to the question, by the thirteenth rule of the Senate,]
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 quern 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


[" . Iu filling up blanks, the largest sum and longest time shall be first put.
Rule 13.3


TILE PREVIOUS QUESTION.
105


it, and yet, if he should vote in the affitmatiVe, every 'ques-
tion 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, but whether there shall be
addition to the question." Grey, 365.


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, super-
sedes 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 Parlia-
ment being that a motion made and seconded is in the pos-
session 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.


SEC. 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. illemor. in Haketv., 28 ; 4 Grey, 27.


The previous question being moved and seconded, the





I


106 MANUAL.


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. 2 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, in-
deed, 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 pre-
cluded from speaking to it at all. Went. in Hakezo., 28.


The proper occasion for the previous question, is when a
subject is brought forward of a delicate nature as to high
personages, &c., 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 pre-
vious question on it has been moved and seconded? 2 Bats.,
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 ques-
tion. He thinks it may, after the previous question moved
and seconded; but not after it has been proposed from the.:


THE PREVIOUS QUESTION.
107


Chair. In this ease, he thinks the friends to the amend-
ment 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 been
just '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 nnamended, 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 manoeuvre
to the previous question, get the enemies to the amendment


i added to them on the Erst 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 circumstance, whether an amendment may or relay
not be made, to be, that the previous question has been pro-


. posed 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 may be 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 in-
stances to the contrary. On the whole, I should think it
best to decide it ab inconvenienti, to wit: which is most in-
convenient, to put it in the power of one side of the House
to defeat a proposition by hastily moving the previous ques-
tion, and thus forcing the main question to be put unamended;
or to put it in the power of the other side to force on, inci-




I


108 MANUAL.


dentally 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 amend-
ment 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 pro-
per subjects for public discussion, and ought not to be ob-
structed by a formality introduced for questions of a pecu-
liar character.


SEC. '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 propo-
sition, by making it . bear a sense different from what it was
intended by the movers, so that they vote against it them-
selves. 2 Huts., 79, 4, 82, 84. A new bill may be in-
grafted by. way of amendment, on the words "Be it enact-
ed," &c. 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 a 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


AMENDMENTS.
102


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 pro-
posed 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 after-
wards, because a vote against striking out is equivalent to
a vote agreeing to it in that forth..


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 Bets., 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 froth 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 propo-
sition. 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 offer-


.:ng a different one. Nor would it change the case were the
.1.; ):st motion divided by putting the question first on striking


gut. and that negatived; for, as putting the whole motion
to the question at once would not have precluded, the put-
ting the half of it cannot do it.*


*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




110 MANUAL.


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 para-
graph 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 a 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. Oth-
erwise 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


question for striking out cannot be put over again, though with a view to a
different insertion. 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.


DIVISION OF THE QUESTION.
111


'longer ; and if, after it is struck out., you cannot do it, hen
it cannot be done at all. Suppose the first motion had oeen
made to amend by striking out "the second Tuesday 4 in Feb-
ruary," and inserting instead thereof "the first of ' June," .
it would have been regular, then, to divide the question, by
proposing first the question to strike out and then that to
insert. Now this is precisely the effect of the present pro-
ceeding ; 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 be better
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 hill. 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.


SEC. XXXVI.—DIVISION OF TEE QUESTION.
If a question contain more parts than one, it may be divided


into two or more questions. Mein. in llakew., 29. 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,


ill




CO-EXISTING QUESTIONS.112
MANUAL.


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 a question,
they may be divided and put one by one. 9 Grey, 444.
So, 1729, April 17, on an objection that a question was com-
plicated, 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 Sen-
ate, 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
provisoes 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 for-
mer proviso, or some distinct member of the section. But
when nothing remains but the last member of the section
and the provisoes, they cannot be divided so as to put the last
member to question by itself; for the provisoes might thus
be left standing alone as exceptions to a rule when the rule
is taken away ; or the new provisoes 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 for-,
eign minister; nor, 2. To any person to whom the President


113
should give a passport; nor, 3. To. any alien merchant con-
forming 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
4th taking in the words " conforming himself," &c. It was
objected that the words ''any alien merchant" could not be
separated from their modifying. words, "conforming," &c.,
because these words, if left by themselves, contain no sub-
stantive idea—will make no sense. But admitting that the
divisions of a paragraph into separate questions must be so
made as 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, 1.11(1 their
modifying words will then attach themselves to the preced-
ing description of persons, and become a modification of
that description.


• When a question is divided, after the question on the 1st
member, the 2d 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 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 smile decision by President Adams.


SEC. XXXVIL—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 with-
out 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 comeOforldlevi oftie day.


way. So, when it is interrupted by the
Such other privileged questions also as dis-


8




114 MANUAL,


pose of the main question, (e. g. the previous question., post-
ponement, 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.


SEC. XXXVIII.—EQUIVALENT QUESTIONS.
If, on a question for rejection, a bill be retained, it passes,


of course, to. its next reading. Hakew.,, 141 ; Scob., .
And a question for a second reading determined negatively,
is a rejection without further question. 4 Grey,. 149. And,
see Elsynge s illemor., 42, in what cases questiona are to be
taken for rejection.


Where questions are perfectly equivalent, so that the neg-
ative. of the one amounts to the affirmative of the other, and
leaves no other alternative, the decision of the one con-
cludes necessarily the other. 4 Grey, 157. Thus the neg.
ative 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 resultA
from this a vote of disagreement, or must the question Q*1111
disagreement be expressly voted? The questions respect`,
ing amendments from another house are-1st, to agree; 2d,
disagree; 3d, recede; 4th, insist; 5th. adhere.


THE QUESTION.
115


Either of these concludes the other
necessarily, for the positive of either is
exactly the equivalent of the negative
of the other, and no other alternative
remains. On either motion amend-
ments to the amendment may be pro-
posed; 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.
You may then either insist or adhere.
You may then either recede or adhere.
You may then either recede or insist.
Consequentlythe negative of those is not
equivalent to a positive vote the other
way. It does not raise so necessary an
implication as may authorize the Secre-
tary by inference to enter another vote;
for two alternatives still remain, either
of which may be adopted by the House.


SEC. XXXIX.—THE QUESTION.
The question is to be put first 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, &c., the Speaker most commonly supposes the con-
sent 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, 2, 87; 5 Grey, 129; 9 Grey, 301.


III st. To agree .1
2d. To disagree.


3d. To recede.
4th. To insist.
5th. To adhere.




116
MANUAL. BILLS, THIRD READING.


117


SEC. XL.—BILLS; THIRD READING.


To prevent hills 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," &c., he states that "preamble recites so and so—
the 1st section enacts that, &c.; the 2d section enacts," &c.


[BLit in the Senate of the United States both of these for-
malities 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 Ole*,
and especially as every member has a pri nted copy in his hand,:]


A bill on the third reading is not to be committed for t4e


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 Com-
mitted on the second; but is declared not usual. JY 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 peen.
liarly 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 ar-
guments 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
first opinion, and furnished grounds to estimate the issue;
and the question now offered for its passage is the last occa-
sion 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 you who are of opinion that this bill shall
pass, say ay;" 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 altera•
tien of it in any point. Hakew., 159.




• Noes.
▪ Ayes.
• Noes,




11$ MANUAL.
SEC. XIL—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 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. &ob.,
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 ; be-
cause 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
Bush., 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*


Read .
Lie on the table .
Rejected after refusal to lie on table
Referred to a committee, for further pro- Ayes.


ceeding .
• 1Bill, that it be brought in


. Ayes.


DIVISION OP THE HOUSE.


To Committee of the Whole
To a select committee .
Report of bill to lie on table
Be now read .


hence
Amendments be read a second time •


. Noes.
Clause offered on report of bill be read 1


second time . Ayes.
For receiving a clause .


With amendments be engrossed
That a bill be now read a third time .


Receive a rider .
Pass .
Be printed .


Committees. That A take the chair


That the House do now resolve into com-
mittee.


. . . .


Speaker. That he how leave the chair,




after order to go into committee
.


That he issue warrant for a new writ .
Member. That none be absent without leave J
Witness. That he be further examined :
Previous question . . . . .
Blanks. That they be filled with the largest


Sum. . . . . . . Ayes.
Amendments. That words stand part of .
Lords. That their amendment be read a }


second time
.•






.


. Noes.
Messenger be received




– . . .


Orders of day to be now read, if before 2 Ayes.
o'clock
. . . . . .




If after 2 o'clock .
. Noes.




} Ayes.


}• Noes.


Read first or second time
Engrossed or read third time
Proceeding on every other stage .
Committed. . •


*Noes. 9 Grey, 365.


To agree to the whole or any part of
report


. .
. .


119


Ayes 'Be taken into consideration three months
- '30 P J 2517 • •


334:


. j Noes. 339985..


Ayes. 259.
2GO.




Noes. 241.


Ayes. 344.
Noes.




120 MANUAL.


Adjournment. Till the next sitting day, if } Ayes.
before 4 o'clock


If after 4 o'clock . • . Noes.
Over a sitting day, (unless a previous Ayes.


resolution)
Over the 30th of January . • . Noes.


For sitting on Sunday, or any other day . Ayes.
not being a-sitting day .


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.
Nem. 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 be 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 reconsider-
ing a bill disapproved by the President, and returned with
his objections, " the votes of both houses shall be deter-
mined by yeas and nays, and the names of the persons
voting for and against the bill shall be entered on the jour-
nals 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


DIVISION OF THE HOUSE.
121




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 takemalphabetically.


[When-the yeas and nays shall be taken upon :any ques-
tion 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 states 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 opinion that the bill shall pass, are to answer iu 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 Senate, if there
be an equal division, the Secretary calls on the Vice


- Presi-
dent 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 per-
mitted 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 mem-
ber 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




122 MANUAL.


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 tht, divi-
sion, 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,Sr.c., 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., co1.134.


[But in the Senate of the United States the Vice President •
decides when the House is divided. Cons& 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 pre-
cedent was remembered by the Speaker of Mr. Morris, at-
torney of the wards, in 39 Elie., who in like case changed
his opinion. Mem. in Hakew., 27.


SEC. XLIL—TITLES.


After the bill has passed, and not before, the title may be
amended, and is to be fixed by a que tion; and the bill is
then sent to the other house.


RECONSIDERATION.
123


SEC. XLIIL—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 deci-
sion; 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 actual session of the Senate
thereafter.* Rule 20.]


[1798, Jan. 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 equation, destroy one
another, and are as if they were expunged from. the journals.
Consequently the bill is open for amendment, just so far as
it was the moment preceding the question for the third read-
ing; that is to say, all parts of the bill are open for amend-
ment except those on which votes have been already taken
in its present stage. So, also, it may be recommitted.] -


Pahe rule permitting a reconsideration of a question affix-
ing 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 reconsider-
ation? 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


* This part of the rule has been added since the Manual was compiled.
t The rule now fixes a limitation.




124 MANUAL.


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 ques-
tioned again at the same session, but must stand as tho
judgment of the House. Towns., col. 67; Nem in lictleew.,
33. And a bill once rejected, another of the same substance
cannot be brought in again the same session. Halcew., 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 in-
sertion 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, otr,
instructions to committees,' may be discharged. So a bill';
begun in one house, and sent to the s other, and there re-
jected, 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., 07. 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, &c., or to rectify mistakes
in an act,&c., 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 sup,
ply. 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. 2 Hats., 94, 98. Or a part of


BILLS SENT TO THE OTHER HOUSE.


125


the subject may be taken up ISy 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 riot in contradiction to the first act.


SEC. XLIV.—BILLS SENT TO THE OTHER HOU,SE


[All bills passed in the Senate shall, before they are sent
• to the House of Representatives, be examined by a com-
mittee, consisting of three members, whose duty shall be to
examine all bills, amendments, resolutions, or motions, be-
fore they go outof 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.




-


SEC. XLV.—AJMENDMENTS BETWEEN THE HOUSES.


When either .
house, c. g. the House of Commons, send a


bill to the other, the other may pass it with amendments.




126 MANUAL.


The regular progression in this case is, that the commons
disagree to the amendment; the lords insist on it; the com-
mons insist on 'their disagreement; the lords adhere to their
amendment ; the commons adhere to their disagreement.
The term a 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 ad-
here 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 ab-
solute 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 parlia-
mentary 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 concur-
rence. 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 amend-
ment, and agree to the same absolutely, or with an amend-
ment; for hero 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 ow
act after it has passed the act. They may modify an amenk
ment 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 t
question, passed it in that form. 9 Grey, 363; 10 any; 24


AMENDMENTS BETWEEN THE HOUSES. 121


In Senate, March 29, 1798. Nor where one house has ad-
hered 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 amend-
ments become, by delay, confessedly necessary. The com-
mons, however, refused them, as infringing on their privilege.
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 is unparliamentary to strike out,
at a conference, anything in a bill which bath 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 amend-
ment, 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 move&
an amendment to that amendment may also be moved, as
being only in the 2d degree.




128 MANUAL.


SEC. XLVI.-CONFERENCES.


It is on the occasion of amendments between the houses
that conferences are usually asked; but they mat beasked
in all cases of difference of opinion between the two houses
on matters depending between them. The request of a con-
ference, however, must always be by the house which is
possessed of the papers. 3 Eats., 31; 1 Grey, 425.


Conferences may be either simple or free. At a confer-
ence simply, written reasons are prepared by. the house ask-
ing 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 reasons 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 justification 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
both sides, and it is entered in their journals. 9 Grey, 2201.
3 Hats., 280. This report cannot be amended or altered, as
that of a committee may be. Journal Senate, May 24, 1791,


A conference may be asked, before the house asking
has come to a resolution of disagreement, insisting or ad-
hering. 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 vailY'
and below the wisdom of Parliament, to reason or argue




CONFERENCES. 129
against fixed resolutions, and upon terms of impossibility to
persuade." 3 Hats., 226. So the commons say, "an adhe-
rence 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 conference, or of free conference,


in asked after the resolution of disagreeing. 3 Hats., 251, 253,
260, 286, 291, 316, 349; of insisting, lb., 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, &c., the
conferees of the house asking it are to leave the papers with
the conferees of the other; and in one case where they re-
fused to receive them, they were left on the table in the


•conference chamber. lb., 271, 317,323, 354; 10 Grey, 146.
After a free conference, the usage is to proceed with free


conferences, and not to return again to a conference. 3 Hats.,
270; 9 Grey, 229.


1 OAfter a conference denied, a free conference may be asked.i. !ey, 45.
When a conference is asked, the subject of it must be ex-


pressed, or the conference not agreed to. ,Ord, H. Cont.,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 Chanel., 304. Or the failure
of the other house to present to the King a bill passed by
bath houses, 8 Grey, 302. Or on information received, and
relating to the safety of the nation. 10 Grey, 171. Or
when the methods of Parliament are thought by the one
house to have been departed from by the other, a conferenceis asked to come to a right understanding thereon. 10
Grey, 148, So when an unparliamentary message has been


9




130 MANUAL.


sent, instead of answering it, they ask a conference. 3 Grey,
155. Formerly an address or articles of impeachment, or a
bill with amendments, or a vote of the House, or concur-
rence in a vote, or a message from the King, were some-
times communicated by way of conference. 6 Grey, 128,
300, 387; 7 Grey, 80; 8 Grey, 210, 255; 1 Torbucl,f 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 a
bill. 1 Grey, 194. This is a singular instance.


SEC. XLVIL -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.


[ln 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 46. The first case is short; the second and
Bird are cases where any interruption might occasion errors


difficult to be corrected. So arranged June 15, 1798.]
In the House of Representatives, as in Parliament, if the,


House be in committee when a messenger attends, they-
Speaker takes the chair to receive the message, and then
quits it to return into committee, without any question QD
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 hav-
ing made two amendments to a bill from the House of Rep
resentatives, their Secretary, by mistake, delivered one onF
which being inadmissible by itself, that house disagreek
and notified the Senate of their disagreement. This produced
a discovery of the mistake. The Secretary was sent to the


MESSAGES.


131


other house to correct his mistake, the correction was re-
. ceived, 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


0
titles, and delivers them to the Clerk, to be safely kept till


1 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 pre-
vent unbecoming altercations. 1 Blaclest., 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 neg-
lected, 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 be-
tween 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 origi-
nal, 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,


1




132
MANUAL.


afterwards desires they may be returned, that he may com-
municate them to the Lords. 1 Chandler, 303.


SEC. 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 re-
spect 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. lb.


[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 Enrolment, 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. 9 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 Enrolment, who
present it to the President of the United. States. If he ap-
prove, 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 Pres-
ident 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 re-
consider 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 whi
it shall likewise be reconsidered; and if approved by twos
thirds of that house, it shall become a law. If' any bill shy


JOURNALS.
133


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 lie had signed it, unless
the Congress, by their 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 concur-
rence 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.]


SEC. 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 ac-
count 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 32.]
. [The titles of bills, and such parts thereof, only, as shall
be affected by proposed amendments, shall be inserted on
the journals. Rule 31.]


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 Vitttion is postponed, adjourned, or laid




134 MANUAL.


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 amend-
ments 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 in the journals. Coast., 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. Part, 114, 115;
Jour. IL , Mar. 17, 1592; Hale, Par'. 105. For the lords
in their house have power of judicature, the commons in
their house have power of judicature; and both houses to-
gether have power of judicature; and the book of the Clerk
of the House of Commons is a record, as is affirmed by act
of Par]., 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 to 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


ADJOURNMENT—A SESSION.
135


the journal, a committee may be appointed to examine and
rectify it, and report it to the House. 2 Hats., 194, 5.


SEC. 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 pru-
dence 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 num-
ber than a majority may adjourn from day to day. 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 dis-
agreement between them, with respect to the time of ad-
journment, the President may adjourn them to such time as
he shall think proper. Coast..


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 affirma-
tive, it is adjourned to the next sitting day, unless it has
come to a previous resolution, " that at its rising it will ad-
journ 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, &c., 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.


SEC. LI.—A SESSION.
Parliament have three modes of separation, to wit. : By


adj ournment, by prorogation or dissolution by the King, or




136 MANUAL.


by the efflux of the term for which they were elected. Pro-
rogation or dissolution constitutes there what is called a
session, provided same 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 Modest., 186. Adjournment, which is by them-
selves, is no more than a continuance of the session from
one day to another, or for a fortnight, a . month, &c., ad
libitum. All matters depending remain in statu quo, and
when they meet again, be the term ever so distant, are re-
sumed, without any fresh commencement, at the point at
which they were left. 1 Lev., 165; Lex. Pori., c. 2; 1 Bo.
Rep., 29; 4 Inst., 7, 27, 28; Hutt., 61; 1 Mod. 252; Ruffh.
Jac. L. Diet. Parliament; 1 Blacicst., 186. Their whole ses-
sion 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 adjourn-
ment, 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 extraordi-
nary 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 pre-
ceding 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


TREATIES. 137
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 land-
marks 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 ses-
sion, 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 ses-
sion. Raym., 120, 381, RI X. Jade. 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.]


[Resolved, that 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 38.]


Treaties are legislative acts. A treaty is the law of the
land. It differs from other laws only as it must have the
c
onsent of a foreign nation, being but a contract, with respect


to that nation. In all countries, I believe, except England,




138 MANUAL.


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 v. 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
date 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
currence of Parliament ; but a bill brought in for that pur-
pose 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 Mussel's Hist. Mod.
Europe, 457; 2 Smollet, 242, 246.


[By the Constitution of the United States this department
of legislation is confided to two branches only of the ordi
nary 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 aro
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 regu-
lated. 3. It must have meant to except out of these the
rights reserved to the States; for surely the President and;
Senate cannot do by treaty what the whole government i
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 0,
denied by some, on the ground that it would leave very lit
tie 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 em-
broiling our affairs with those of Europe. Besides, as the


TREATIES.
139


negotiations are carried on by the executive alone, the sub-
jecting 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 com-
merce with France, and it will be found that, out of 31 arti-
cles, 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 com-
municates 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 rati-
fication, 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





IMPEACHMENT. 141140 NUAL.


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 concur-
rence 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 moV;e,
for a reconsideration ; and a motion for reconsideration shall
be decided by a majority of votes. Rule 44.]


SEC. LIII. —IMPEACHMENT.


[The House of Representatives shall have the sole power
of impeachment. Con.st. U. S„ . I, 3.]


[The Senate shall have the sole power to try all impeach-
ments. 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 he.
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 disqualii
fication to hold and enjoy any office of honor, trust, or proW


under the United States. But the party convicted shall
nevertheless be liable and subject to indictment, trial, judg-
ment and punishment according to law. Canst., I, 3.]


[The President, Vice President, and all civil officers of
the United States, shall be removed from office on impeach-
ment for, and conviction of, treason, bribery, or other high
crimes and misdemeanors. Cons.t., II, C]


[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.
(ludic. in Park, 12, 63. Nor can they proceed against a com-
moner but on complaint of the commons. lb., 84. The lords
may not, by the law, try a commoner for a capital offence, on


'the information of the King or a private person, because the
accused is entitled to a trial by his peers generally; but on ac-
cusation by the House of Commons, they may proceed against
the delinquent, of whatsoever degree,and whatsoever be the
nature of the offence; for there they do not assume to them-
selves 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. lb., 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, im-
peached for high treason, where the lords remitted the pros-
ecution to the inferior court. 8 Grey's Deb., 325-7; Wood-
(le.s'on, 601, 576; 3 Seld., 1610, 1619, 1641; 4 Blacicst., 25;73 Seld., 1604, 1618; 9, 1656.


A ccusation. The commons, as the grand inquest of the na-


45
tion, become suitors for penal justice. 2 Woodd.,597; 6 Grey,


6. The general course is to pass a resolution containing a





142 MANUAL.


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.fromhis appear-
ance. Sachev. Trial, 325; 2 Woodd.,602, 605; Lords' Journ.,
3 June, 1101, 101; 1 Wms., 616; 6 Grey, 324.


Process. If the 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 sub-
stituted in place of an indictment. Thus, by the usage of
Parliament, in impeachment for writing or speaking, the
particular words need not be specified., Sack,. Tr., 325; 2
Woodd., 602, 695; Lord's Journ., 3 June, 1701; 1 Wins., 616,


Appearance. If he appears, and the case be capital, he an-
swers in custody.: though not if the accas.at ions be general. fie:.
is not to be committed but on special accusations. If it be for


misdemeanor only, he answers, a lord in his place, a com-
moner at the bar, and not in custody, unless, on the answer,
the lords find cause to commit him, till he finds sureties tk
attend, and lest 'he should fly. Seld. Jud., 98, 99. A copy ot
the articles is given him, and a day fixed for his answer. P.
Ray; 1 Bu,shw.. 268; Fost.„232; 1 Cla•. _FM. of the Reb,
379. On a misdemeanor, his appearance may be in persona
or he may answer in writing, or by attorney. Seld.
100. The general rule on accusation for a misdemeanor ';1
that in such a state of liberty or restraint as the party is
when the commons complain of him, in such he is to answe.
lb., 101. If previously committed by the commons, he a
savers as a prisoner. But this may be called in some sorb
judicium parium suorum. lb. In misdemeanors the party


13LPEACEMENT.
143


has a right to counsel by the common law, but not in capital
cases. Seld. Ad., 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;
2148h., 1374; 12 Parl. Mist., 442; 3 Lords' Journ., 13 Nov.,
1643; 2 Woodd., 607. But he cannot plead a pardon in bar
to the impeachment. 2 Woodd., 615; 2 St. Tr., 735.


Replication, rejoinder, &c. There may be a replication,
;rejoinder, &c. Sel. Jud., 114; 8 Grey's Deb., 233; Sack. Tr.,
15; Journ. IL of COM71201iS, 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 com-
mittee in their discretion shall demand. Seld. Jud.,120, 123.


Jury. In the case of Alice Pierce, 1 B. 2, a jury was em-
pannelled for her trial before a committee. Seld. Jud., 123.
But this was on a complaint, not on impeachment by the com-
mons. Seld. Jud., 163. It must also have been for a misde-
meanor only, as the lords spiritual sat in the case, which they
do on misdemeanors, but not in capital cases. 1d., 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 the trial of his country, a jury
ought to be empannelled, and he adds that it is not so on im-
peachment by the commons; for they are in loco proprio, and
there no jury ought to be empannelled. 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


.
impeach-


jI
went of the commons; for then they had been patria sua.


e waived his peerage, and was tried by a jury of Glouces-
tershire and Warwickshire. Id., 125. In 1 H. 7, the com-
mons protest that they are not to be considered as parties to




IMPEACHMENT. 145
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.
<Ad., 180. But now the steward is deemed not necessary.
Post., 144; 2 Woodd., 613. In misdemeanors the greatest
corporal punishment lath been imprisonment. Seld. Jud.,
184. The King's assent is necessary in capital judgments.
(2 Woodd., 614, contra„) but not in misdemeanors. Selci•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 Corn. Journ., 23 Dec.,
1790; Lord's Jour., May, 15, 1791; 2 Woodd., 618,


1 0




144 MANUAL.


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 Seldon 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 ex-
amine 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 ds 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 Stray'., 37; Corn.
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 con-
sider of the answer of proofs and determine of their judg-
ment. 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 them-
selves. 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. 1


Judgment. Judgments in Parliament, for death, have been
strictly guided per legem term, which they cannot alter; an
not at all according to their discretion. They can neither
omit any legal part of the judgment nor add to it. Thei
sentence must be secundum, non ultra legem. Seld.
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 impeach-
ments are not framed to alter the law, but to carry it into




INDEX TO THE MANUAL.


A.
Page,


Absence, not allowed without leave
67


provision in cases of
67


Address, how presented 69
Adhere, question discussed 114


effect of .a vote to 126
should be two conferences before vote to


. 126
Adjournment, motion for, cannot be amended


135
rules and regulations in respect to


135
a question is removed by 113
.of the session, all unfinished business falls ...... 124
.of the session, modes and manner discussed


135,136
to be declared by the Speaker


135
for more than three days, by concurrent votes


135
provision for disagreement respecting 135
effect of, on business depending


136,137
Amendment to bills, (see also Bills)


93
proceedings in relation to 87
how to be reported 91
fall on recommitment 92
in the third degree not admissible


104,127
discussion of the nature and coherence of




• 108,111
Speaker cannot refuse to receive, because incon-


sistent 107,108
Amendment, may totally change the subject




if House refuse to strike out a paragraph, it cannot be
amended


108


109
a new bill may be engrafted on another 108
mode of proceeding on amendments betWeen the houses. 125,127
made in Committee of the Whole falls by a reference.. 94
proposed, inconsistent with one adopted, may be put.. 108
may be amended prior to adoption, but not after
(proposed, ) by striking out, and lost, the paragraph pro-


posed to be stricken out cannot be amended


109


109
not identical or equivalent to one lost may be proposed 110
by insertion, how far liable to further amendment 110,111




77
86
92
92


88, 92, 93
94
95


96,117
96


108,111
111
116
116
117 41
117
117


83, 84
86
86
87
87


87, 95, 96
87,88


88
88 If


125, 126
130
131
11
131
132


126,127


148 INDEX TO THE MANUAL:
Page.


Apportionment of representatives, table of
Appropriation made by resolution
Arrest, definition of privilege from


terminates with the session


Assault and affrays in the House, how settled
Assent to bills by the Executive, regulations respecting
Ayes and noes, how questions are determined by ..


no member to vote if not present


65,66
86


57,62
84


80,81
132


118,120
121


B.




Bills, engrossed, must not be looked into
to be fairly written, or Speaker may refuse them
amendments fall if recommitted
a particular clause may be recommitted
amendments, how proceeded with .....
amendments fall if referred to a committee
proceedings on second reading
time for attacking or opposing
what constitutes possession
one bill may be engrafted ou another
one house may pass with blanks and be filled in the other


on third reading, forms observed .
on third reading, may be committed ...
on third reading, amended by riders
on third reading, blanks filled
cannot be altered after passage
new, concerning their introduction
to receive three readings, &c
how brought in on notice and leave
forms in introducing
not amended at first reading
proceedings on second reading
how and to whom committed
shall be read twice before commitment ......
not to be referred to avowed opponents
referred, may be delivered to any of tl)e committee
amendments between the houses, mode of proceeding
by whom to be taken from house to house




may be specially commended to notice of the other house
rejected, course to be pursued
if one house neglects a bill, the other may remind of it
how to be enrolled, signed, and presented to the President
amendments to, cannot be receded from or insisted on by the




amending house with a further amendment


INDEX TO THE MANUAL.


amendment to an amendment bas precedence over a motion to
agree or disagree


_


amendments to amendments, how far admissible


proceedings upon, in Committee of the Whole, &c


titles, when made


reconsideration, when and how the question may be moved


reconsideration, at what time to be moved


reconsideration, effect of a vote for


rejected, relating to their being brought in during the same
session


originating in one house, rejected in the other, may be renewed
in the rejecting house




expedients for remedying omissions in ..


mode of proceeding when founded on facts requiring explana-
tion


effect of a vote to insist or adhere


conferences upon, at what stage, and by whom asked


papers relating to, to be left with the conferees of the house
acceding to the conference.




enrolling
procceedings when disapproved




not returned in ten days to be laws, unless an adjournment
intervene


Blanks, longest time, largest sum, first put


bills may be passed with, and be filled in other house


may be tilled in engrossed bills


construction of the rule for filling .
Breach of peace, mode of proceeding on charge of




Bribery, (Randall and Whitney% case,) breach of privilege


Business, order of, in Senate ..... .................


a settled order in its arrangement useful


C.
Call of the House, proceedings in case of




Challenge, breach of privilege.............
59


Chairman of committee elected
69


of Committee of the Whole may be elected
71


Change of vote, right to
122Clerk puts questions before election of Speaker


68
to read standing .....




- - - - - ........ - -




95
numbers the sections.......
may correct his errors....


130,131Committees cannot inquire concerning their members .
70


must not sit when House is in session
70


may elect chairman
... 69


149
Page.


127
127
94


122
123,140


123
123


124


124
124


,125
126
128


128
132


132, 133


132,133
104
111 •
117
110


61, 62
59


74,75
74, 75


67




Page.
89
91


91,92
136


61
69,70


69, 70, 89
70
88
88
89
89
89
89
92
92
92


124
136


94
70
71
72


93
94


337
73


126
127
128
128
128
128
113
74
67
82


64
64
77
77


124
130,131


114


62


83.
94


150
INDEX TO THE MANUAL.,


Committees, manner of proceeding
.....




cannot reconsider or alter their own votes...—




how they report amendments
cannot. sit in the recess after the Congress has expired_.
a member elect, though not returned, may be appointed


on............


standing .
forms and proceedings in
joint, how they act
who shall compose
how appointed in Senate




time and place of meeting ..


......


majority of, to constitute a quorum ....••
members of the House may be present at their sittings-.


their power over a bill
have entire control of a report recommitted ...........


dissolved by a report ......


howrevived. _. - ....... ........
- - - -


may be discharged from instructions


when they may sit during recess-
effect of a reference to, when a bill has been amended in




Committee of the Whole




Committee of the Whole, great matters usually referred to.
may elect their chairman. ............... ,
Speaker may resume chair if great disorder




manner of doing business in, in Senate....
93,94




proceedings in
70,71,89,93,94


irregularly dissolved'
72
72




cannot adjourn 72
report proceedings
subjects which have passed through may be




referred to special committees
particulars which attach to .


Communications, confidential , to be kept secret




Common fame a ground for proceeding
Conferences, common, to have two, before vote to adhere




cannot alter anything on which the houses have agreed




discussion of the nature and occasion of


report of, cannot be amended or altered


papers left with conferees of house agreeing to. _ ..




when, by which house, and what stages to be asked


Co-existing questions discussed




Counsel may be heard on private bills and law points


Count of the House may be called, (see Division of House) .......




Covered, when members are not to be




INDEX TO THE MANUAL. 151


Page.
rebate, no one to speck impertinently, superfluously, or tediously. 78


not cut off till both sides of the question be put




115
forms and proprieties to be observed in






77, 78
the Speaker not allowed to engage in, except on point.s.Of


order 78
proceedings of the House not to be censured . 78
personalities to be prohibited




. ......... ....


78
motives not to be arraigned






79.
violation of order to be suppressed by the Speaker






80, 81
disorderly words not to be noticed until the member has


finished




80
disorderly words, when taken down






80
proceedings of the other house not to be noticed in






81
members concerned or implicated by the subject of, ought


to withdraw


82
Decorum, (see Debate) 81, 82
Defamatory publications breach of privilege 59
Disorder in Committee of the Whole, Speaker to resume chair if great






72




members creating, proceedings




80
Disorderly words, how and when taken down....


80
Division of the House, practice in ascertaining 118, 121
Division of questions, discussed ..... ..............


111., 112, 113
Doors, rule respecting their being closed


83
• ought not to be shut, to be kept by persons appointed




83
Duel, challenge to, breach of privilege


59


E.


Elections, time, place, and manner of holding....
of members to be judged by each house




Engrossed bills, not to be looked into


Errors cannot be corrected in Committee of the Whole


various modes of correcting
Clerk may correct his own




Equivalent questions discussed


F.
Felony, mode of proceeding on charge of •


G.
Gallery, clearing of


Committee of the Whole cannot punish for disorder in....


............. -• ......


........ ...




INDEX TO THE MANUAL.152
H.


Hats, when to be taken off
House, division of, how ascertained
House of Representatives, (see Representatives.)


Impeachment, sketch of the law of Parliament respecting
Inquiry or accusation, common fame a ground for
Insist, question discussed




effect of vote to


J.


Journal shall be kept by each house
of each house to be published
shall show every vote
to contain a brief statement of every petition, paper, &c.,


presented
titles of bills and parts affected by amendments to be in-


serted on
what questions shall be entered on
a record in law
subject to examination
directions as to making up
either house may notice and inspect journal of the other..
how it may be amended


K.


King not to be spoken of irreverently, &c


L.


Largest suns, question first put
Lie on table, call up at any time matters that




Longest time, question first put


M.


Majority decides on general questions
Members and officers of one house not amenable to the other


must vote when question is put
not to vote unless present when question is put


Memorial. (See Petition.)
Messages cannot be received in committee


nature of


Page.
82


118,121


140,145
73


114,126
126


133s
133
]34
134


133,134
134 •
134


133


122
81


120,12!
121 I72130,131


133
133
133


81


104
100
104


INDEX TO THE MANUAL. 153
Page.


Messages, executive, to be made to both houses at same time .
131


when received
130


formsin receiving .............
.


...........- 130
errors in their delivery may be corrected ...._


.. 130,131
bills not acted on, the subjects of


131
Minority protected by adherence to rules


...... .......


Mistakes. (See Errors.)
Motion not to be put or debated until seconded




to be put in writing, if desired
..


tobe read for information .....


..........


to adjourn not in order when a member has the floor


privileged , what shall be .. ........ ..............
removed from before house by adjournment, &c., (sea Ques-


tions) .
- .. ........


N.


Newspaper publications, defamatory, breach of privilege ..
59


0.
Officers of either house, forms of nomination or election...........


of one house not amenable to the other ........


_. 81
Onslow, Mr., his opinion of importance of rules ...... ...


55
Order violated by Speaker by not putting question.... _. .....


_. 62
"instances make" order ..... ____ .... ............




__ 76




respecting papers, (see Papers)... ...... .- _ - - .........
76, 77




in debate, (see Debate). _ _ ... _ .. ..... ............. _ - _ __ ..
77


questions of, may be adjourned
82




decision of the Speaker on points of, may be controlled__
82


a member may insist on the execution of a subsisting


83
Committee of the Whole cannot punish breach of ..




.... 94
if point arise while question is putting, Speaker to decide


promptly_ .. .. .. ....
....


Order of business, propriety of.- .... __ ...... -
122
74


. for the Senate


.. __ 74
Order of the day, host and when to be called up


83
may be discharged at any time .. ...... __


83
cannot be moved while member is speaking


85
take precedence of all questions.............. __ 99


Order of the House determined with the session


..... 84
Order, question of, to supersede a question depending... ...... ..... 105
Order and resolution, distinction between.. __ - .


86
Order, special, rules upon subject of


.... ............ 83,99
Opposition to bill, proper time to make ...


...... ... ...... ._ __ 96,117


55


85
85
85
85
98


113


68




INDEX TO THE MANUAL.


Privilege, breach of, by the king or executive
members of one house cannot be summoned by the other. -
neither house can exercise authority over members or offi-


. cers of the other


of a member where he is charged or interested, &c


question of, takes precedence of all


Privileged questions. (See Questions.)


Q.
Qualification of senators




Quarrel in committee must be settled in House




members must declare they will not prosecute


question of privilege arising from, has precedence. .....




Questions, general rule for putting


the priority of certain, considered


removed from before house by adjournment


may be debated between the count of affirmative and
negative


manner of putting .


must not speak or move about when putting


must be decided promptly if difficulty arise


one house cannot question the other


privileged, what shall be ..


in filing blanks


in references to committees


in amending amendment and agree or disagree
motion to amend has precedence over motion




to strike out


of order, (incidental,) how far it shaThsupersede any other
division of, how made




what are divisible


when divided, each point open to debate and
amendment .


(co-existing) what suspends and what removes from the




house an existing question


equivalent, what is considered


determined by ayes and noes


to be resumed in state quo when suspended by the want
of a quorum


previous. (See Previous question.)
Quorum only shall do business




what number shall be a


how the attendance of; may be compelled


6r
62
62


62.3


63, 81
4


61


154 INDEX TO THE MANUAL. 155
r.


Papers and journals not to be removed from Clerk's ---
Papers, rules respecting their preservation.


reading of, bow far they may be called for ........
referred, usually read by title --
to be left with conferees of the house acceding to conference_


Parliament, each house of, may adjourn independently of the other.
Petition and remonstrance, distinction
Petition to be presented by a member—its form, &c ...............


to be subscribed or written by petitioner •


must go to committee through the House ......


question as to receiving .
Postpone indefinitely, effect of a question to ....... ........
Postpone beyond session, effect of . -
Preamble last considered ...... ...... ......----------------
President of the Senate provided by the Constitution 68


may appoint chairman. 68


President pro tem pore to be chosen in the absence of the Vice-President 68




at what time his office shall determine 68


President of the United States, forms in presenting bills to ...... _• 132,133
Previous question, its intention and effect .. 105


can an amendment be moved to main question 106
cannot be put in committee. . .... 72


effectof ..... ...•. 95,99
discussed-


••




.
105


Precede
Priority and }of motions, discussed 98-105rece ence
Privilege of Parliament has gradually increased . ...... 56


of members of Parliament ......... 56-64
of senators and representatives 57-61
of senators, constructive extent_ _ 59-61


of members commence by virtue of election .. 61
of the two houses, cases of alleged breach of


of members must be ascertained at the peril Of the party


violating.
of members the privilege of the House . •
a member cannot waive breach of
is violated by Speaker not putting a question which is in


order --------------------------------------------
of one house in relation to the other, or in relation to a•co-•


ordinate branch of the government.
, breach of, party summoned or sent .....
breach of, by members, punishable by House only._ ....


Page.
63
74


81
82


105


64
72
80


105
98:115


98
113


1177
122
122
131


98-105
104;110


104
127


105
105
Hi


111-113


113


113
114
120


67,122


66
66
66


Page.
76


76,77
97
98


128
135


84
84
84
70


79,85
99


100
90,91




'4


I


59
97


105
97
98


114
126, 127


123


139, 140
84
92
98


65, 66
64,66


64


68


76
86
86


133
117


55,56
83


111
56, 61
61,68


68
70, 76


118,120
135


135,136


156
INDEX TO THE MANUAL.


Pugs.


Quorum, any member may desire a count for the purpose of


67,83


taining
not present suspends the question 68, 122


R.


Randall and • Whitney, reference to case, breach of privilege
Reading of papers, right to require


question on, first put
a speech is not a right
a report of ono house not of right in the other house


Recede, question discussed
effectof a vote to.... ...... ------------------


Recommitment, effect of
Reconsideration of bills, orders, instructions, &c


of questions requiring two-thirds, by whom\may be
moved - -


Remonstrance and petition, distinction
Report of committee, how to proceed in House




of one house not to be read in the other
Representatives, apportionment of, since 1789


qualifications of




House of, of whom composed
shall choose their Speaker and other offi-


cers -


power:, of, in relation to its rules and the
conduct of members


Resolution and order, distinction
Resolution to pay money in order


when to be presented for approval ....
Riders, amend engrossed bills by
Rules, an adherence to, important
Rules and orders of each house, to what cases they shall apply


S.
, Sections numbered by Clerk


Senate, of whom composed and bow. classed
the Vice-President to be the President of
shall choose their officers, &c
power of, in relation to rules and the conduct of members..
equal division to be determined by the vote of the Vice-


President
adjournment of, (see Adjournment)
session of, what constitutes


INDEX TO THE MANUAL. 157


Session, what constitutes
Speaker, manner of choosing


absence of, from sickness, another chosen
.violates order by not putting question




Clerk puts question before election of
may be removed at will of the House




not to speak unless to order
reads sitting, rises to put question




cannot refuse an amendment, inconsistent
to decide point of order that arises in putting question
may ask advice of old members




Special orders. (See Orders.) .
Speech cannot be read of right.
Strike out, paragraph may be perfected before question to




Strikeout and insert, discussed
Sum, largest, first put




T


Tellers to count sides of questions
120


their errors rectified
120


Time, longest, first put
104


Title to be on back
97


when to be made or amended
122


Transposing of sections, rule respecting
111


Treason, mode of proceeding on charge of
62


Treaties may be made by the President and Senate
137,138


shall be kept secret until injunction removed
137,138


are legislative acts
137,138


extent of the power to make
137-141


may be rescinded by an act of the legislature
137-141


papers to be communicated with
139


ratified by nominal call
139


read for information the day received 139
read for consideration on subsequent day


139
proceedings upon


reconsideration of votes upon, may be moved by one of the
side prevailing


139


140


Vote, cannot, till sworn


V.


every member must


61
121


must not vote if not present
121


change of
122


Page.
135,136


68
4 68,69


62
68
69
78
95


10S
,an


122


97
108


108-110
104




158 INDEX TO THE MANUAL.


Page.


Warm words or quarrel, adjustment of , 72,80, 105
Whitney and Randall, bribery case, reference to 59
Withdraw, members cannot, when question is putting 121
Withdraw motions, rule of Parliament 105
Witnesses, how summoned, examined, &c. 73


Yeas and nays may he required by one-fifth 120
to be taken alphabetically 121
all present shall vote, unless excused 121
when called and decision announced, no- member


allowed to vote 121
how questions are determined by 120
no member to vote unless present a 121




STANDING RULES AND ORDERS


FOR CONDUCTING BUSINESS IN


,TIIE HOUSE OF REPRESENTATIVES OF THE UNITED STATES


tOUEDINO THE DU1'Y OF THE SPEAKER.


Ill
460 1. He shall take the chair every day precisely at thehour to which the House shall have adjourned on the pre-


_


ceding day; shall immediately call the members to order;
Vtmd, on the appearance of a quorum, shall cause the journal


• of the preceding day to be read.—April 7, 1789,
2. He shall preserve order* and decortnn it may speak to


points of order in preference to other members, rising from
his seat for that purpose; and shall decide questions of order,
subject to an appeal to the House by any two members—
April 7, 1789; on which appeal no member shall speak more
than once, unless by leave of the House. :—December 23,1811 .


"By rule '22 it is made the duty of the Sergeant-at-arms to aid in the enforce-
ment of order, under the direction of the Speaker.


t See rules 57, 58, 61, 62, and €5, on the subject of "decorum."
1 Difficulties have often arisen as to a supposed discrepancy between the ap•


Mal contemplated in this yule and that referred to in rule 61. There is no dis-
crepancy. The question of order mentioned in the second rule relates to mo-
tions or propositions, the applicability or -relevancy, or their admissibility on
the score of time, or in the order of business, &c. The "call to order," men-
tioned in rule 61, on which, in case of an appeal, there can be no debate, hat
reference only to "transgressions of the rules in speaking," or to indecorum of


the
nypirdouvdio


.tisSueeasltsioonruile
s prohibited




iibnit nesd, h.ich debate on an appeal, pending a call for


11





HOUSE OF REPRESENTATIVES.
1 6,


vote; in other cases he shall not be required to vote, unless the
House be equally divided, or unless his vote, if given to the
minority, will make the division equal; and in case of such
equal division, the question shall be lost.*—Apri/ 7, 1789.


8. All acts, addresses, and joint resolutions, shall be signed
by tile Speaker; and all writs, warrants and subpoenas, issued
by order of' the House, shall be under his hand and seal,
attested by the Clerk.—November 13, 1794.


9. In case of any disturbance or disorderly conduct in the
galleries or lobby, the Speaker (or chairman of the Commit-
tee of the Whole House,) shall have power to order the
same to be cleared.—Mare/z 14, 1794.


OF THE CLERIC AND OTHER OFFICERS.


10. There shall be elected at the commencement of each
Congress, to continue in office until their successors are ap-
pointed, a Clerk, Sergeant-at-arms, Doorkeeper, and Post-
master, each of whom shall take an oath for the true and
faithful discharge of the duties of his office, to the best of his


Wknowledge and abilities, and to keep the secrets of the
House ; and the appointees of the Doorkeeper and Post-
master shall be subject to the approval of the Speaker ;
and, in all cases of election by the House of its officers, the
vote shall be taken viva voce.—Narch. 1G, 1860.•


"On a very important question, taken December 9, 1803, on au amendment
to the Constitution, so as to change the form of voting for President and Vice-
Pr


esident, which required a vote of two-thirds, there appeared eighty-three in
the affirmative, and forty-two in the negative; it wanted one vote in the affirma-
tive to make the constitutional majority. The Speaker, (Macon,) notwithstand-
ing a prohibition in the rule as it then existed, claimed and obtained his right
to vote, and voted in the affirmative; and it was by that vote that the amend-
ment to the Constitution was carried. The right of the Speaker, as a member
of the House, to vote on all questions is secured by the Constitution. No act
of the House can take it from him when ho chooses to exercise it.


t Until the adoption of this rule there was no law, resolution, rule, or orderdirecting,
the appointment of the Clerk of the House. On the 1st of April,


1789, being the first day that a quorum of the House assembed under the


A'


I'


162
RULES OF THE


3. He shall rise to put a question, but may state it sit-
ting .—April 7, 1789.


4. Questions shall be distinctly put in this form, to wits•
"As many as are of opinion that (as the question may be) say
Ay;" and after the affirmative voice is expressed, "As many
as are of the contrary opinion, say No." If the Speaker
doubt, or .a division be called for, the House. shall divide;.
those in the affirmative of the question shall fjrst rise from
their seats, and afterwards those in the negative.* If the
Speaker still doubt,.or a count be required, by at least one-
fifth of a quorum of the members, the Speake • shall name.
two members, one from each side, to tell the members in the
affirmative and negative ; which being reported, he shall
rise and state the decision to the House.—March 16, 18601'1


5. The Speaker shall examine and correct the journal be-
fore it is read. He shall have a general direction of the
Hall, and the unappropriated rooms in that part of the Capi.
tol assigned to the House shall be subject to his order anal!
disposal until the further order of the House. He shall haV6
a right to name any member to perform the duties of the
Chair, but such substitution shall not extend beyond an ad-
journment—December 23, 181 .1, and May 26, 1824.


6. No person shall be permitted to perform divine service
in the chamber occupied by the House of Representatives,
unless with the consent of the Speaker.—May 19, 1804.


7. In all cases of ballot• by the House, the Speaker shall
"The manner of dividing the House, as originally established by the rule of


April 17, 1789, was, that the members who voted in the affirmative went to the
right of the Chair, those in the negative to the left. This was, doubtless, taken
from the old practice of the House of Commons of England. The passing of


. the members to and fro across the House was found so inconvenient, and took
up so much time; that the mode of dividing the House was, on the 9th of June,


1789, changed to the present form: the members of each side of the question
rising in their seats and being there counted.


t The word here used in the original formation of the rule was election. 6A


the 14th January, 1840, it was changed to the word ballot. According to the
practice, however, this rule is held to apply to all cases of election.




164 RULES OF THE


11. In all cases where other than members of the House
may be eligible to an office by the election of the House,
there shall be a previous nomination.—Apra 7, 1789.


12. In all other cases of ballot than for committees, 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 ballots shall be repeated until a majority be ob-
tained.—April 7, 1789. And in all ballotings blanks shall
be rejected, and not taken into the count in enumeration of
votes, or reported by the tellers.—September 15, 1837.


13. It shall be the duty of the Clerk to make, and cause
to be printed, and delivered to each member, at the com-
mencement of every session of Congress, a list of the reports
which it is the duty of any officer or department of the goV
ernment to make . to Congress; referring to the act or reso
lution, and page of .the volume of the laws or journal in which1
it may be contained; and placing under the name of each
officer the list of reports required of him to be made, and the
time when the report may be expected.—March 13, 1822.


14. It shall-be the duty of the Clerk of the House, at the
end of • each session, to send a printed copy of the journals
thereof to the Executive, and to each branch of the legis-
lature of every State.—November 13, 1794.
new Constitution, the House immediately elected a Clerk by ballot, without a
previous order having been passed for that purpose ; although in the case of a
Speaker who was chosen on the same day, an order was previously adopted.
A Clerk has been regularly chosen at the commencement of every Congress
since. By the rules adopted in 1789, provision was made for the appointment
of a Sergeant-at-arms and Doorkeeper. Immediately after the organization
of the government under the present Constitution, a room was set apart in
the Capitol for the reception and distribution of letters and packets to and
from members of the House, without an order foi that purpose, and was called
the post office; it was superintended by the Doorkeeper and his assistants. Ou


the 9th of April, 1814, a special allowance was made to the Doorkeeper to meet


the expenses of this office. and he was authorized to appoint a Postmaster.
The office continued on this footing till April 4, 1838, when an order was
passed for the appointment of a Postmaster by the House itself. The provision
for the election of all the officers of the House by a viva yore vote was adopted


December 10, 1830


HOUSE OF REPRESENTATIVES. 165
15. All questions of order shall be noted by the Clerk,


with the decision, and put together at the end of the journal
'Of every session.—December 23, 1811.


16. The Clerk shall, within thirty days after the close of
ilikreach session of Congress, cause to be completed the print-


ing and primary distribution, to members and delegates, of
the Journal of the House, together with an accurate index411'


- tb the satne.—June 18, 1832.




17. There shall be retained in the library of the Clerk's
office, for the use of the members there, and not to be with-
drawn therefrom, two copies of all the books and printed
documents deposited in the library.—December 22, 1826.


18. The Clerk shall have preserved for each member of
the House, an extra copy, in good binding, of all the docu-
ments printed by order of either house at each future session
of Congress.—February 9, 1831.


19. The Clerk shall make a weekly statement of the reso-
lutions and bills (Senate bills inclusive) upon the Speaker's
table, accompanied with a brief reference to the orders and
proceedings of the House upon each, and the date of such
orders and proceedings ; which statement shall be printed
for the use of the inernbers.•Apri/ 21, 1836.


20. The Clerk shall cause an index to be prepared to-the
acts passed at every session of Congress, and to be printed
and bound with the acts.—July 4, 1832.•


'31. All contracts, bargains, or agreements, relative to the
f
urnishing any matter or thing, or for the performance of any


labor, for the House of Representatives, shall be made with
the Clerk, or approved by him, before any allowance shall


30,
1be made


.


therefor by the Committee of Accounts.
—January


22. It shall be the duty of the Sergeant-at-arms to attend


!`35 'The Clerk is relieved of this duty by the Joint Resolution of September 28,
which authorizes Little & Brown to furnish their Annual Statutes at Largoin


stead of the edition formerly issued by the order of the Secretary of State.




111


411'


166 RULES OF THE


the House during its sittings ; to aid in the enforcement of
order, under the direction of the Speaker ;* to execute the
commands of the House from time to time ; together with ;ill
s-ach process, issued by authority thereof, as shall be directed
to him by the Speaker.—April 14, 1789.


23. The symbol of his office (the mace) shall be borne by
the Sergeant-at-arms when in the execution of his office.
April 14, 1789.+


24. The fees of the Sergeant-at-arms shall be, for every
arrest, the sum of two dollars ; for each ddy's custody and
releasement, one dollar ;, and for travelling expenses for him-
self or a special messenger, going and returning, one-tenth
of a dollar for each mile—April 14, 1789—necessarily and
actually travelled by such officer or other person in the exe-
cution of such precept. or summons.—March 19, 1860.


25. It shall be the duty of the Sergeant-at-arms to keep
the accounts for the pay and mileage of members, to prepare
checks, and, if required to do so, to draw the money on such
checks for the members, (the same being previously signed
by the Speaker, and indorsed by the member,) and pay over
the same to the member entitled thereto.—April 4, 1838.


* Phe words in italics were inserted March 16, 1860.
t At the time this rule was adopted, "a proper symbol of office" for the Ser-


geant-at-arms was directed to be provided, "of such form and device as the
Speaker should direct." In pursuance .of this order, a mace, or "symbol,"


was


procured, which represented the Roman fasces, made of ebony sticks, bound
transversely with a thin silver band, terminating in a double tie or beau-knot
near the top ; at each end a silver band an inch deep, and on the. top of each of
the rods a small silver spear. A stem of silver, three-fourths of an inch in diam-
eter, and two inches long from the centre of the fasces, supported a globe of
silver about two and a half inches in diameter, upon which was an eagle, his
claws grasping the globe, and just in the act of flight, his wings somewhat roam
than half extended. The eagle was massive silver, richly carved. The design
was fine, and its whole execution beautiful ; the entire height about three feet.
The mace was destroyed at the conflagration of the Capitol on the 24th August,
1814, and was not replaced until recently. A temporary one was hastily gotten
up (of common pine and painted) for the then next session of Congress, and
was tolerated till the session of 184]–'42, when the one now in use was procured.


HOUSE OF REPRESENTATIVES. 167


26. The Sergeant-at-Arms shall give bond, with surety, to
the United States, in a stun not less than five nor more than
ten thousand dollars, at the discretion of the Speaker, and
with such surety as the Speaker may approve, faithfully to
account for the money coming into his hands for the pay of
members.—April 4, 1838.


27. The Doorkeeper shall execute strictly the 134th and
135th rules, relative to the privilege of the hall.—.2farch, 1.
1838. And he shall be required at the commencement and
close of each session of Congress to take an inventory of all 016
furniture, books, and other public property in the several com-
mittee and other rooms under his charge, and shall report the
same to the


• House; which report shall be referred to the
. Com-


lnittee on Accounts, who shall determine the amount for which
Ile shall be held liable for missing articles.L


-March 2, 1865.
It is the duty of the Doorkeeper ten minutes before the hour for
the meeting of the House each day, to see that the floor is
cleared of all persons except those privilegqd to remain during
the sessions of the House.-1Thrch 31, 1869.


28. The Postmaster shall superintend the post office kept i n the
Capitol for the accommodation of the members.—Apra 4,1838.


OF THE MEMBERS.
29. No member shall vote on any question in the event of


which he is immediately and particularly- interested,* or in any
case where he was not within•the bar of the House when the
question was put.t—April 17, 1789. When the roll call is


"Of late differences of opinion have occasionally arisen as to the kind ofi
nterest alluded to in this rule. It has been contended to apply to members
who were merchants or manufacturers, or engaged in other business to be
affected by tariffs or other hills touching rates of duties, &c. This construction
has never been sustained by the House. The original construction, and the
only true one, is direct personal or pecuniary interest.


t As originally adopted, the word present was used in this rule were thewords
"main the bar of the House" now appear. The alteration was


h
made on


gated


filel4th September, 1837. B y
a decision of the House. at the 1st session of the


thirty-fifth Congress, (See Journal, p. 337,) soon after its occupancy of thepresent ball, the "bar of the House" was defined to be "upon the floor of the
hall, and not outside of any of the doors leading into it." And when interro-


as to his presence every member must answer the question for himself.




RULES of VIE


completed, the Speaker shall state that any member offering
tovote does so upon the assurance that he waswithin the bar
before the last name on the roll was called.—March, 19, 1809..
Provillea, however,


that any member who was absent by leave


the H
ouse taay- vote at any time before the result is an,


norraced•—March 1865. It is not in- order for . the. Spea
to entertain any request for a member to change his v ote on any
question after the result shall hav been declared, nor Shall
any mem 27 .1870


her be allowed to record lie vote on any question, if
lAe. was not present when such vote was taken.—May ,


30, Upon a d
ember


ision and count of the. lioncou v on any ques-


n, no


ivisio


the bar shall be nted.-11rovember
t
13, 1794.31. Every member who shall be in the "louse when the ques-
tion is put shall give his vote, unless the house shall excuse
hini.—April 7, 1789. X111 motions: to excuse a member from
voting shall be made before the House divides, or before the:
call of the yeas ants nays is commenced; and the question
shall then be taken without debate.— September


14, 1837.t


32. The name of a member who presents
0,petition or memo-


rial, or who offers a resolution to the consideration1806.
of the


House, shall be inserted on the journals.—March V,
33.


No member shall:absent himself from the service of the
Rouse, unless he have leave, or be sick or unable to attend.—
April 13, 1789.


OF CALLS ov THE. notisg„,


34. Any fifteen members (including the Speaker, if there
be


on0 shall be authorized-tecorepel the'attandance of absent
members.—April 17, 1789.„


35* Upon calls of the House, or ill
taking the yeas. a*


*. 111y
rule 30, the date of which is subsequent


in date to this, a member who
may be "in the House" is not allowed to vote, unless he-be " within the, bar,"


upon a division or count 4 the. House.
t That part of rule 31 which allowed a brief-verbal tatement of reasons to.be


given by any meinher for requesting, to be excused from voting was rescinded


Jvawry.%,1847....,


HOUSE OF REPRESENTATIVES. 169


nays on any question. the names of the members shall be
called alphabetically.—April 7, 1789.


36. Upon the call of the House, the names of the members
shall be called over by the Clerk, and the absentees noted ;
after which the names of the absentees shall again be called.
over; the doors shall then be shut ; and those for whom no
excuse or insufficient excuses are made may, by order of.
those present, if fifteen in number, be taken into custody as
they appear, or may be sent for and taken into, custody,
wherever to lie found, by special messengers to be appointed
for that purpose.*—November 1189,. and December 14,
1795.


37. When a member shall be discharged from custody,,
-and admitted to his seat, the House shall determine whether'
such discharge shall be with or without paying fees; and in
like manner, whether a delinquent member, taken into eus,
tody by a special messenger, shall or shall not be liable. to.
defray the expenses of such special messenger.—Noveinber
13, 1794.


ON MOTIONS, THEIR PRECEDENCE, ETC.


38. When a motion is made and seconded, it shall be
stated by the Speaker ; or, , being in writing, it shall be
handed to the Chair and read aloud by the Clerk, before de-
bated .—April 1789,


39. Every motionshall be reduced to writing if the Speaker
or any member desire it.—April 7, 1789. Every written mo-
tion made to the House shall be inserted on the journals,
with the name of the member making it, unless it be with.


*The rule, as originally established in relation to a call of the House, which
was on the 13th of November, 1789,. differed from the present rule in this: there
was one day's notice to be given, and it required a vote of the House, mid not
fifteen members, to order a member into custody. It was changed to its present
form ou the 14th December, 3795. On the 7th January, 1802, it was changed
bad; to its original form, to require "an order of the House" to take absent
members into custody, and so remained until the 23d December, 1811, when ii
was again changed to what it is now—i. c , fifteen members.




170
TITTLES OF THE HOUSE OF REPRESENTATIVES 171


d:•awn on the same day on which it was submitted.--March


26. 1806.
40. Af:e: • a motion is stated by the Speaker, or read by


the Clerk, it shall be deemed to be in the possession of the
House; but may be withdrawn at any time before a decision
or amendment.—April 7, 1789.


41. When any motion or proposition is .made, the question,
'• Will the house now consider it ?" shall not be put unless
it is demanded by some member, or is deemed necessary by
the Speaker.—December 12, 1817.


42. When a question is under debate, no motion shall be
received but to adjourn, to lie on the table, for the previous
question, to postpone to a day certain, ito commit or amend,
to postpone indefinitely ; which several motions shall have
precedence in the order in which they are arranged—
March 13, 1822—and no motion to postpone to a day certain,
to commit, or to postpone indefinitely, being decided, shall
be again allowed on the same day, and at the same stage of
the bill or proposition.


43. When a resolution shall be offered, or a motion made,
to refer any subject, and different committees shall be pro-
posed, the question shall be taken in the following order:


The Committee of the Whole House on the state of the
Union ; the Committee of the Whole House ; a Standing
Committee ; a Select Committee.-211arch 13, 1825,


*This rule, as originally established, April 7, ]789, read thus: "When a
question is under debate, no motion shall be received unless to amend it, to


commit it, for the previous question, or to adjourn." On the 13th November,
1794, the motion to postpone to a day certain was introduced next after the pre-
vious question. On the 17th December, 1805, the rule was changed as follows:
1st, the previous question ; 2d, to postpone indefinitely ; 3d, to postpone to a
day certain; 9th, to lie; 5th, to commit ; 6th, to amend; 7th, to adjourn. On
the 23d December, 1811, the order was changed as follows: 1st, to adjourn;
2d, to lie; 3d, the previous question ; 9th, to postpone indefinitely; 5th, to
postpone to a day certain ; 6th, to commit ; 7th, to amend. On the 13th
March, 1822, they were classed as above, and were declared, for the first time,
to have precedence according to their arrangement; previous to which the
notions of the Speaker often governed as to the precedence of these motions;
and hence the direction of the rule


44. A 'motion to adjourn, and a motion td fix the day to
which the House shall adjourn, shall be always in order*—
April 7, 1789, and January 14, 1840 ; these motions, find the
motion to lie on the table, shall be decided without de.
bate.




---November 13, 1794: March 13, 1822.
45. The hour at which every motion to adjourn is made


shall be entered on the journal.—October 9, 1837.
46. Any member may call for the division of a question,


Wore or after the main question is ordered, which shall be
divided if it comprehend propositions in substance so dis-
tinct that, one being taken away, a substantive proposition
shall remain for the decision of the House.—September 15,
1837. A motion to strike out and insert shall be deemed
indivisible--December 23, 1811; but a motion to strike out
being lost, shall preclude neither amendment nor a motion
to strike out and insert.--March 13, 1822.


47. Motions and reports may be committed at the pleasur e
of the House.—April 7, 1789.


48. No motion or proposition on a subject different from
that under consideration shall be admitted under color of
amendment.§—March 13, 1822• No bill or resolution shall,


`It has been decided and acted upon that., under this rule, "a motion to fix
the day to which the House shall adjourn" takes precedence of a motion to ad-
journ. The reason of this decision is, that, before the House'adjourned, it was
proper to fix the time to which it should adjourn. To this decision, and upon
this reasoning, no objection has been made.


t In the first rules established by the House, on the 7th April, 1789, it was
directed that " when the House adjourns, the members shall keep their seats
until the Speaker goes forth, and then the members shall follow." This rule
was left out of the rules established 13th November, 1794. On the 13th March.
1822, a rule was adopted prohibiting a motion to adjourn before four o'clock if
there was a pending question ; it was rescinded on the 13th of March, 18:14.
On the 13th of March, 1622, a rule was also adopted against the rising of the


of
mnolianlietthe 824C m e of


Whole before four o'clock, which was abrogated on the 25th


# The words in italics were inserted in this rule March 16, 1860.
4 This rule was originally established on the 7th April, 1789, and was in


these words: " A'tt new motion or proposition shall be admitted under color of




*1


172 RULES OF THE


at any . time, be amended by annexing thereto, or incorpora-
ting therewith, any other bill or resolution pending before
the House.'--September 15, 1837.


49 When a motion has been once made, and carried in
the affirmative or negative, it shall be in order for any mem-
ber of the majority to move fbr the reconsideration thereof
—January 7, 1802—on the same or succeeding day—De-


cember 23, 1811; and such motion shall take precedence of
all other questions, except a motion to adjournt—May 6,
1828--and shall not be withdrawn after the said succeeding


amendment, as a substitute for the motion or proposition under debate." On
the 13th March, 1822, it was changed to its present form, in which the words
new and substitute do not appear.


* The latter clause of this rule was adopted at the first session of the 25th
Congress ; and as originally reported by the committee, the following words
were contained at the end of it: " Nor by any proposition containing the sub-


stance, in whole or in part, of any other bill or resolution pending before the
• House." These words were stricken out by the House before it would agree to
the rul e ; by which it would seem to be decided that a bill or resolution might
be amended by incorporating therein the substance of any other bill or resolu-
tion before the House. Such has been the general practice of the House.


t A difference of opinion and a discrepancy in action have sometimes occurred
in administering this rule. Twenty years ago, and previously, a motion to re-
consider could not be made after the subject was disposed of, if there was'
another subject. before the House, until that subject had passed away ; it was


. then often too late to make the motion. It was under this practice that Mr.
Randolph was unable to move a reconsideration of the settlement of the cele-
brated Missouri question, (notice of which he gave. out of time,) as, before he
could do so, the bill had been taken to the Senate. The practice of late years
has been changed-, so as to allow the motion to reconsider to be made at any
moment within the prescribed time. If the motion be made when a different;
subject is before the House, it is entered, and remains until that subject is dis-
posed of, and then " takes precedence of all other business, except a motion to.
adjourn." When any final vote has been taken, and a motion made to recon
sider, that motion may be laid on the table ; in which case, according to the
practice of several years past, the vote stands as though the motion to recon-
sider had not been Wade. This is correct ; us, if the House wished to retain the
matter, it would agree to the motion to reconsider, instead of laying it on th,,
table. Motions to reconsider should be promptly acted on, otherwise it is in
the power of a single member (voting on the strong side against his sentiments;
solely for the purpose of placing himself in a situation to make the motion (#
arrest business which a majority have determined to despatch.


HOUSE OF REPRE8ENTAT: VES. 173


day without the consent of the House; and thereafter any
member may call it up for consideration.—March 2, 1848.


50. In filling up blanks, the largest sum and longest time
shall be first put.--April 7, 1789.


ORDER OF BUSINESS OF THE DAY.


51. As soon as the journal is read, and the unfinished
business in which the House wasengaged at the last pre-
ceding adjournment has been disposed of, reports from com-
mittees shall be called for and disposed of; in doing which
the Speaker shall call upon each standing committee in reg-
ular order, and then upon select committees ; and if the
Speaker shall not get through the call upon the committees
before the House passes to other business, he shall resume
the next call where he left off—September 15, 1837—giving
preference to the report last under consideration: Provided,
That whenever any committee shall have occupied the morn-
ing hour on two days, it shall not be in order for such com-
mittee to report further until the other committees shall
have been called in their turn. *—December 7, 1857.t


52. Reports from committees having been presented and
disposed of, the Speaker shall call for resolutions from the
members of each State and delegate from each Territory,
beginning with Maine and the Territory last organized, al-
ternately; and they shall not be debated on the very day of
their being presented, nor on any day assigned by the House
for the receipt of resolutions, unless where the House shall
direct otherwise, but shall lie on the table, to be taken up


* This proviso does not restrain the House from considering a report already
made for a longer period than two days; simply prevents


' a committee from
reporting further after occupying that period.


t This rule, as it originally stood, was amended in the revision of the rules at
the 1st session of the :36th Congress, viz: so as to provide for the consideration
of the unfinished business at the last adjournment immediately after the journal
is read; to give preference to the report last under consideration, without the
ne


cessity for the pendency of a motion to commit; other amendments wore made
at the same time, which were rescinded January 11, 1867.




174
RULES OF THE HOUSE OF REPRESENTATIVES. 175


Alfl I '




in the order in which they were presented; and if on any
clay the whole of the States and Territories shall not be
called. the Speaker shall begin on the next day where ho
left off the previous day: Provided, That no member shall
offer more than one resolution, or one series of resolutions,
all relating to the same subject, until all-the States and Ter-
ritories shall have been called .—January 14, 1829.


53. A proposition requesting information from the Presi-
dent of the United States, or directing it to be furnished by
the head of either of the executive departments, or by the
Postmaster General, shall lie on the table one day for con-
sideration, unless otherwise ordered by the unanimous con-
sent of the House—Decernber 13, 1820—and all such propo-
sitions shall be taken up for consideration in the order they
were presented, immediately after reports are called for
from select committees, and when adopted, the Clerk shall
cause the same to be delivered.—January 22, 1822.


54. After one hour shall have been devoted to reports
from committees and resolutions, it shall be in order, pending
the consideration or discussion thereof, to entertain a motion
that the House do now proceed to dispose of the business on
the Speaker's table, and to the orders of the day—January
5, 1832; which being decided in the affirmative, the Speaker
shall dispose of the business on his table in the following
order, viz:
1st. Messages and other executive communications.
2d. Messages from the Senate, and amendments proposed -


by the Senate to bills of the House.
3d. Bills and resolutions from the Senate on their first an,


second reading, that they be referred to committees and
put under way; hut if, on being read a second time, e,
motion being made to commit, they are to be ordered to
their third reading, unless objection be made; in whit
case, if nototherwise ordered by a majority of the House,
they are to be laid on the table in the general file of bill"
on the Speaker's table, to be taken up in their turn.


4th. Engrossed bills and bills from the Senate on their third
reading.


5th. Bills of the House and from the Senate, on the Speaker's
table, on their engrossment., or on being ordered to a
third reading, to be taken up and considered in the
order of time in .which they passed to a second reading.


The messages, communications, and bills on his table hav-
ing been disposed of, the Speaker shall then proceed to call
the orders of the day.


—September 14, 1837.
55. The business specified in the 54th and 130th rules


shall be done at no other part of the clay, except by per
mission of the House.—December 23, 1811.


56. The consideration of the unfinished business in which
the House may be engaged at an adjournment shall be re-
sumed as soon as the journal of the next day is read, and at
the same time each day thereafter until disposed of; and if,
from any cause, other business shall intervene. it shall be
resumed as soon as such other business is disposed of. And
the consideration of all other unfinished business shall be
resumed whenever the class of business to which it belongs
shall be in order under the rules.—March 18, 1860.*


OF DECORUM AND DEBATE:
57. When any member is about to speak in debate, or


deliver any matter to the House, he shall rise from his seat
and respectfully address himself to " Mr. Speaker"—April


a
71789—and shall confine himself to the question under


liate, and avoid personality.—December 23, 1811.


The rule of November 13, 1794, for which this was substituted, provided
that "the unfinished business in which the House was engaged at the lust
pre


ceding adjournment shall have preference in the orders of the day; and no
motion on any other business shall be received, without special leave of the
Rouse, until the former is disposed of." The object of the new rule was to
give the unfinished business a more certain, as well as highly privileged,


to the construction given this rule, the unfinished busi-
ness on private bill days is not resumed until the next private bill day, and the
first hour after the reading of the journal on Monday is devoted to the objects
cPo°nsiteti:inp.lateAdecdh:tiirteg


51st and 130th rules.




176
RULES OF THE


58. Members may address the House or committee from
the Clerk's desk, or from a place near the Speaker's chair.


59. When two or more members happen to rise at once,
the Speaker shall name the member who is first to speak.
April 7, 1789.


60. No member shall occupy more than one hour in debate


On any question in the House, or in committee; but a member
reporting the measure under consideration from a committee
may open and close the debate: Provided; That. where debate
is closed by order of the House, any member 811 411 be allowed,
in committee, five minutes to explain any amendment he may
offer—December 18,1847—after which any member who shall
first obtain the floor shall be allowed to speak five minutes in
opposition to it, and there shall be no further debate on the
amendment; but the same privilege of debate shall be allowed
in favor of and against any amendment that may be offered to
the amendment; and neither the amendment nor an amend-
ment to the amendment shall be withdrawn by the mover
thereof, unless by the unanimous consent of the committee.—
August 14, 1850: Provided, further, That the House may, by
the vote of a majority of the members present, at any time
after the five minutes' debate has taken place upon proposed
amendments to any section or paragraph of a bill, close all.
debate upon such section or paragraph, or at their election
upon the pending amendments only.—March 19, 1860.*


61. If any member, in speaking or otherwise, transgress
the rules of the House, the Speaker shall, or any member
may, call to order ; in which case, the member so called to
order shall immediately sit clown, unless permitted to ex-
plain ; and the House shall, if appealed to, decide on the


*This proviso was adopted so as to enable a majority to get a bill out of
Committee of the Whole after a reasonable time has been occupied in debating
amendments, and was reported at the same time with au amendment to the


123d yule, the effect of which was to prevent a practice of doubtful propriety
by which the friends of a bill were in the habit of taking it out of Committee of
the Whole by adopting a recommendation to strike out the enacting clause.


HOUSE OF REPRESENTATIVES:
177


case, but without debate ; * if there be no appeal, the de-
cision of the Chair shall be submitted to. If the decision
be in favor of the member called to order, he shall be at lib-
erty to proceed ; if otherwise, he shall not be permitted to pro-
ceed, in case any-member object, without leave of the &use


rt*
and if the case require it, he shall be liable to the censure
Of the House.


—April. 7, 1789, and March 13, 1822.
62. If a member be called to order for words spoken in


debate, the person calling him to order shall repeat the words
excepted to, and they shall be taken down in writing at the
Clerk's table ; and no member shall be held to answer, or
be subject to the censure of the House, for words spoken
in debate, if any other member has spoken. or other busi-
ness has intervened, after the words spoken, and before ex-
ception to them shall have been taken,—September 14, 1837.


63. No member shall speak more than once to the same
question without. leave of the House—April 7, 1789—unless
he be the mover, proposer, or introducer of the matter
pending ; in which case he shall be permitted to speak in
reply, but not until every member choosing to speak shall
have spoken


.—January 14, 1840.
64. If a question depending be lost by adjournment of


the House, and revived on the succeeding day, no member
who shall have spoken on the preceding day shall be per-
mitted again to speak without leave.f—April 7, 1789.


65. While the Speaker is putting any question, or ad-.


*See rule 2, with note appended to it.
I That part of this rule which is printed in italics was adopted on the 13th


March, ]822, with the exception of the words "in case any member objects"
w


hich were inserted on the 14th September, 1837.
:There is no proceeding in the House to which this rule can be applied. It


Iv
es originally framed in reference to that law of Parliament which says thatall p


ending questions are lost by adjournment•, and to be again considered must
he m


oved anew. In the rules as revised and established on the 7th .January,
I80, the p


rohibition to speak on the next day was confined to those who had
sPoken twice


on the preceding day. It so remained until the 14th January,
1840, when the word twice was left out.


12




178 RULES OF THE


dressing the House, none shall walk out of or across the
House ; nor in such case, or when a member is speaking,
shall entertain private discourse ; nor while a member is
speaking, shall pass between him and the'Chair.—Apra 7,
1789. Every member shall remain uncovered during the
session of the House.—September 14, 1837. No member or
other person shall visit or remain by the Clerk's table while
the ayes and noes are calling, or ballots are counting.—Sep.
tember 14, 1837.


66. All . questions relating to the priority of business to
be acted on shall be decided without debate.—February
21, 1803.


OF COMMITTEES.


67. All committees shall be appointed by the Speaker, un-
less otherwise specially directed by the House, in which case
they shall be appointed by ballot ;* and if upon such ballotthe
number required shall not be elected by a majority of the votes
given, the House shall proceed to a second ballot, in which
a plurality of votes shall prevail; and in case a greater num-
ber than is required to compose or complete a committee
shall have an equal number of votes, the House shall pro.
coed to a further ballot or ballots.—January 13, 1790.


68. The first named member of any committee shall be
the chairman ; and in his absence, or being excused by the
House, the next. named member, and so on, as often as the
case shall happen, unless the committee, by a majority of
their number, elect a chairman.t—Decembe r 28, 1805.


* The rule as originally adopted, April 17, 1789, directed that the Speaker
should appoint all committees, unless the number was directed to consist of
more than three members ; in which case, the ballot was to be resorted to.


t The occasion of this rule was this: Mr. John Cotton Smith, of Connecticut,
had been chairman of the Committee of Claims for several years, and on the
5th November, 1804, was reappointed. On the succeeding day he was excused
from service on the committee, and his colleague, Samuel W. Dana, was al,
pointed "in his stead." The committee considered Mr. Dana its chairman; Ile


HOUSE OF REPRESENTATIVES. 179


.69. Any member may excuse, himself from serving on any
committee at the time of his appointment, if he is then a
member of two other committees.--April 13, 1789. 4


70. It shall be the duty of a committee to meet, on the
call of any two of its members, if the chairman be absent,
or decline to appoint. such meeting.—December 20, 1805.


71. The several standing committees of the House shall
have leave to report by bill or otherwise.—March 1,3,
1822


72.
No committee shall sit during the sitting of the House


without special leave.--November 13, 1794.
73. No committee shall be permitted to employ a clerk


at the public expense, without first obtaining leave of the
House for that purpose.--December 14, 1838.


74. Thirty-four standing committees shall be appointed
at the commencement of each Congress,* viz :


declined to act, contending that he was the tail. Being unable to agree, the
committee laid the case before the House on the 20th November. Up to this
time there was no rule or regulation as to the head of a committee. The usage
had been that the first named member acted; but it was usage only. The sub-
ject was referred to a committee. On the 22d November, 1804, the committee
reported, and recommended that the first named member be the chairman ; and
in case of his absence, or of his being excused by the House, the committee
should appoint a chairman by a majority of its votes. The House rejected this
proposition. The Committee of Claims the next day notified the House that,
unless some order was taken in the premises, no business could be done by the


0 committee during the session; and thereupon, on the 20th December, 1805, the
House adopted the above rule. In this case the Committee of Claims availed
itself of the privilege contained in the last clause of the rule, and elected Mr.
Dana chairman, much against his wishes.


` Prior to the revision of the rules, in March, 1860, it was provided that the
standing committees should be appointed at the commencement of each session.At the


said revision the Committee on Engraving was abolished, and its dutiestra
nsferred to the House members of the Committee on. Public Printing.—(See


Rule 100.) Originally the Committee of Claims was charged with revolution-
ary


and land claims, and all sorts of pensions. On the 22d December, 1813,t
he duties of that committee were divided, and a committee was appointed calledthe Co


mmittee on Pensions and Revolutionary Claims. On the 9th of December,1820, a separate committee on Revolutionary Pensions was created, leaving thebusiness of Invalid pensions to the committee created on the 22d December,




180
RULES OF THE HOUSE OE REPRESENTATIVES. 181


A Committee of Elections.—Nov. 13, 1789.
A Committee of Ways and Means.—Jan. 7, 1802, •
A Committee on Appropriations. — March 2, 1865.
A Committee on Banking and Currency.—March 2, 1865.
A Committee on the Pacific. Railroad.—March 2, 1865.


A Committee of Claims.—Non. 13, 1794.*
A Committee on Commerce.—Dec. 14, 1795.t
A Committee on Public Lands.—Dec. 17, 1805.1
A Committee on the Post Office and Post Roads.—Nov. 9, 1808.§
A Conunittee for the District of Columbia —Jan. 27,‘ 1808.
A Committee on the Judiciary.—June 3, 1813.
A Committee on Revolutionary Claims.—Dec. 22, 1813.11
A Committee on Public Expenditures.—Feb. 26, 1814.
A Committee on Private Laud Claims.—April 29, 1816.t


1813. On the 13th December, 1825, four days after its institution, the desig-
nation of the Committee on Revolutionary Pensions was changed to the Corn•


mittee on Military Pensions, and it was charged with both revolutionary and
invalid pensions. On the 10th January, 1831, the Committee on Military Pen-
sions became the present Committee on Revolutionary Pensions, and an additional
committee was created called the Committee on Invalid Pensions; and the pen-
sion business waa apportioned to the two committees, as set out in the duties


assigned to . the committees.
•* See note (* ) page 175.


t This committee was originally a Committee on Commerce and Manufactures..
On the 8th December, 1819, a Committee on Manufactures was constituted, but
no duties have been assigned to that committee in the rules.


1 The 3d of January, 1805, was the first time at which it was proposed to ap-
point a Committee on Public Lands. The proposition was then made by Mr.
John Boyle, of Kentucky, and was rejected. On the 17th December, 1805, the
committee was constituted for the first time. Previous to that day the business
relating to the lands of the United States was either sent to the Committee of
Claims or to a select committee, and frequently in parts to both.


§nom the. earliest stages of the government a select committee was annually
raised upon the subject of "the Post Office and Post Roads," and was always
composed of a member from each State. A standing committee was instituted
on the 9th November, 1808, and, like the select committees, was directed to be
composed of a member from each State. On the 23d December, 1811, it was
directed to be composed of the same number of members as the other standing
COMMILLOM


it See note ( • I page 175.
Wheal th,q, Committee on Private Land Claims was first constituted, it


WO


composed of five members— two. less than the other committees. On the 19th


December, 1817. it WAS directed to be composed of seven members.


A Committee on Manufactures.—Dee. 8, 1819.*
A Committee on Agricultnre.—May 3, 1820.*
A Committee on Indian Affairs.—Dec. 18, 1821.*
A Committee on Military Affairs.—March 1 3, 1822.
A Committee on the Militia.—Dec. 10, 1835.
A Committee on Naval Affairs.—March 13, 1822.
A Committee on Foreign Affairs.—March 13, 1822.
A Committee on the Territories.— Dec. 13, 1825.




To consist of nine


A Committee on Revolutionary Pensions.—Dec. 9, 1825.t


members each.


A Committee on Invalid Pensions.—Jan. 10, 1831.
A Committee on Railways and Canals. —April 9, 1869.
A Committee on Mines and Mining.—Der. 19, 1865.
A Committee on Freedmen's Affairs.—Dec. 4, 1866.
A Committee on Education and Labor.—March 21, 1867.
A Committee on the Revision of the Laws.—Juip 25, 1868. J


A Committee on Coinage, Weights, and Measures.—Jan.
To consist of seven


21, 1864—March 2, 1867.


members.
A Committee on Patents.—Scpt. 15, 1837.




') To consist
A Committee on Public Buildings and Grounds.—Sept. 15, 1837. I of five
A Committee of Accounts.—Nov. 7, 18044


members
A Committee on Mileage.—Sept. 15, 1837.


each.
75. It shall be the duty of the Committee of Elections to


examine and report upon the certificates of election, or other
credentials, of the members returned to serve in this House,
and to take into their consideration al! 'such petitions and
other matters touching elections and returns as shall or may
be presented or come into question, and be referred to them
by the House.—November 13, 1789 ; November 13, 1794.


76. It shall be the duty of the Committee on Appropria-
tions to take into consideration all executive communications
and such other propositions in regard to carrying on the
several departments of the government.as may be presented
and referred to them by the House.—March 2, 1865. In


* There are no ditties assigned to the Committees on Manufactures, Agricul-
ture, and Indian Affairs, in the rules.


t See note (•) page 175.
The Committee of Accounts was first constituted as a select committee on


the 7th of November, 1804. It was made a standing committee December 17,1805.


1


To consist
of nine
members
each.


:




1S2 RULES OF TITE


preparing bills of appropriations for other objects, the Commit-
tee on Appropriations shall not include appropriations for
carrying into effect treaties made by the United States; and
where an appropriation bill shall be referred to them for their
consideration, which contains appropriations for carrying a
treaty into effect, and for other objects, they shall propose
such amendments as shall prevent appropriations for carrying
a treaty into effect being included in the saw bill with appro-
priations for other objects.—March 2, 1865.


77. It shall also be the duty of the Committee ow Appropria-
tions, within thirty days after • their appointment, at every SOS-
sion of Congress, commencing on the first Monday of December,
to report the general appropriation bills—September 14, I S:; —


for legislative., executive, and judicial expenses; for sundry
civil expenses; for consular and diplomatic expenses ; . for the
army; for the navy; for the expenses of the Indian depart-
ment; for the payment of invalid and other pensions; for the
support of the Military Academy; for fortifications; for the
service of the Post Office Department, and for mail transporta-
tion 'by ocean steamers ; or, in failure thereof, the reasons of
such failure. And said committee shall have leave to report
said bills (for reference only) at any time.—March 2, 1865.*
In all cases where appropriations cannot be made specific in
amount, the maximum to be expended shall be stated, and.
each appropriation bill, when reported from the. committee;
shall, in the concluding clause, state the sum total of all the
items contained in said bill.—ilfareb, 15, 1867.


78. It shall be the duty of the Committee of Claims to take
into consideration all such petitions and matters or thingS.i.


* By the rule of September 14, 1837, the general appropriation bills were
declared to be the " civil and diplomatic," " army," " navy," and " Indian."
The present enumeration includes all that in the recent practice of the House
have been treated as general appropriation bills. The authority to the Corn
mittec of Ways and Means to report said bills at any time (for reference) was
first conferred ou the 19th March, 1800, and when the duty of reporting the
appropriation bills was imposed upon. the Committee on Appropriations, like
authority was conferred on the latter committee. By rule 119 these bills may,
at any time, by a majority vote, be made special orders.


ROUSE OF REPRESENTATIVES. 183


touching claims and demands on the United States as shall
be presened, or shall or may come in question, and be referred
to them by the House; and to report their opinion thereupon,
together with such propositions for relief therein as to Ahem
shall seem- expedient.—November 13, 1794.


79. It shall be the duty: of the Committee on Commerce to
take into consideration all such petitions and matters or things
touching the commerce of the United States as shall be pre-
sented, or shall or may come into question; and be referred to
them by the House; and to report from time to time their
opinion thereon.*—December 14, 1795.


80. It shall be the duty of the Committee on the Public
Lands to take into consideration all such petitions and matters
or things respecting the lands of the United States as shall
be presented, or shall or may come in question, and be referred
to them by the House; and to report their opinion thereon,
together with such propositions for relief therein as to them
shall seem expedient—December 17, 1805.


81. It shall be the duty of the Committee on the Post Office
and Post Roads to take into consideration all such petitions
hind matters or things touching the post office and post roads as
shall be presented, or shall come in question, and be referred
to them by the House; and to report their opinion thereon,
together with such propositions relative thereto as to them
shall seem expedient—Yorember 9, 1808.


82. It shall be the duty of the Committee for the District
of Columbia to take into consideration all such petitions and
matters or things touching the said District as shall be pre-
sented, or shall come in question, and be referred to them by
the House; and to report their opinion thereon, together with
such propositions relative thereto as to them shall seem expe-


*This commmittee was originally a Committee on Commerce and Manufac-
tures. On the 8th December, 1819, a separate Committee on Manufactures was
constituted, and the duties of the original Committee on Commerce and Mann-
:aicatuulrveasethuarvelbeen confirmed, as above, by leaving out the words "and MManu-
factures." There arc no duties assigned in these rules to the Committee on




11


n


184 RULES OF THE


dient.--jamcary 27, 1808. The third Friday of each month,
from the hour of 2 o'clock p. in. until the adjournment of that
day, shall, when claimed by the Committee for the District of
Columbia, devoted exclusively to business reported from said
committee; and said committee shall henceforth be omitted by
the Speaker in the regular call of committee.—March 9, 1870.


83. It shall be the duty of the Committee on tthe Judiciary to
take into consideration such petitions and matters or things
touching judicial proceedings as shall be presented, or may
come in question, and be referred to them by the House ; and
to report their opinion thereon, together with such proposi-
tions relative thereto as to them shall seem expedient.—June
3, 1813.


84. It shall be the duty of the Committee on Revolutionary
Claims to take into consideration all such petitions and mat-
ters or things touching claims and demands originating in h
revolutionary war, or arising therefrom, as shall be presented,
or shall or may come in question, and be referred to them by
the House ; and to report their opinion thereupon, together
with such propositions for relief therein as to them shall seem
expedient—December 22, 1813.


85. It shall be the duty of the Committee on Public Expend-
itures to examine into the state of the several public depart-.
merits, and particularly into laws making appropriations of
money, and to report whether the moneys have -been disbursed Ell
conformably with such laws; and also to report from time to
time such provisions and arrangements as may be necessary
to add to the economy of the departments, and the account-
ability of their officers.'''---February 26, 1814.


86. It shall be the duty of the Committee on Private Land
Claims to take into consideration all claims to land which


See note to rule 76. And further : on the 30th March, 1816, six Commit-
tees on Expenditures in the several departments of the government were created
and added to the list of standing committees. On the 18th March, 1860, a Com
mittee on Expenditures in the Interior Department was created. The duties
assigned to the several committees would seem entirely to cover the duties of
the Committee on Expenditures. (See rules 102 and 103.)


HOUSE OF REPRESENTATIVES.
185


may be referred to them, or shall or may come in question;
and to report their opinion thereupon, together with such
propositions for relief therein as to them shall seem expe-
dient..—Apri/ 29, 1816.


87. It shall be the duty of the Committee on Military
Affairs to take into consideration all subjects relating to the
military establishment and public defence which may be re-
ferred to them by the House, and to report their opinion
thereupon; and also to report, from time to time, such
measures as may contribute to economy and accountability•
in the said establishment.-211arch 13, 1822.


88. It shall be the duty of the Committee on
.
the Militia


to take into consideration and report on all subjects con-
nected with the organizing, arming, and disciplining the
militia of the United States.—December 10, 183.5.


89. It shall be the duty of the Committee on Naval Affairs
to take into consideration all matters which concern the
naval establishment, and which shall be referred to them by
tte House, and to report their opinion thereupon; and also
to report, from time to time, such measures as may con-
tribute to economy and accountability in the said establish-
ment.—March 13, 1822.


90. It shall be the duty of the Committee on Foreign
Affairs to take into consideration all matters which concern
the relations of the United States with foreign nations, and
which shall be referred to them by the House, and to re-
port their opinion on the same.—March 13, 1822.


91. It shall be the duty of the Committee on the Territo-
ries to examine into the legislative, civil, and criminal pro-
ceedings of the Territories, and to devise and report to the
House such means as, in their opinion, may be necessary
to secure the rights and privileges of residents and non-


7i-:residents. —December 13, 1825.. 92. It shall be the duty of the Committee on Revolu-
' onary Pensions to take into consideration all such matters
respecting pensions for services in the revolutionary, war,




186 RULES OF THE


other than invalid pensions, as shall be referred to them by
the House.—January 10, 1831.


93. It shall be the duty of the Committee on Invalid
Pensions to take into consideration all such matters respect-
ing invalid pensions as shall be referred to them by the
House.—January 10, 1831.


94. It shall be the duty of the Committee on Roads and
Canals* to take into consideration all such petitions and matters
or things relating to roads and canals, and the improvement
of the navigation of rivers, as shall be presented, or may come
in question, and be referred to them by the House; and to
report thereupon, together with such propositions relative
thereto as to them shall seem expedient.—December 15, 1831.


95. It shall be the duty of the Committee on Patents to
consider all subjects relating to patents' which may be re-
ferred to them; and report their opinion thereon, together
with such propositions relative thereto as may seem to them
expedient—September 15, 1837.


96. It, shall be the duty of the Committee on Public
Buildings and Grounds to consider all subjects relating to -
the public edifices and grounds within the city of Washing-
ton which may be referred to them; and report their opinion
thereon, together with such propositions relating thereto as
may seem to them expedient—September 15, 1837.


97. [This rule, which prescribed the duty of the Com-
mittee of Revisal and Unfinished Business, was virtually
rescinded by the resolution of July 2 .5, 1868, abolishing the
said committee and creating a Committee on the Revision of
the Laws.]


98. It shall be the duty of the Committee of Accounts to
superintend and control the expenditures of . the contingent
fund of the House of Representatives.—Deeembe r 17, 1805;
also to audit and settle all accounts which may be charged
thereon.—December 23, 1811.


"The name of this Committee changed to "Railroads and Canals."—dpril


9, 1869.


HOUSE OF REPRESENTATIVES.
187


99. It shall be the duty of the Committee on Mileage to
ascertain and report the distance to the Sergeant-at-Arms for
which each member shall receive pay.—September 15, 1837.


100. There shall be referred by the Clerk to the members of
the Comnzittee on Printing on thepart of Me House,* all draw-
ings, ;naps, charts, or other papers, which may at any time
come before the House for engraving, lithographing, or
publishing in arty way; which committee shall report to the
House whether the same ought, in their opinion, to be pub-
lished; and if the House order the publication of the same,
that said committee shall direct the site and manner of exe-
cution of all such maps, charts, drawings, or other papers,
and contract by agreement, in writing, for all such engrav-
ing, lithographing, printing, drawing, and coloring, as may
be ordered by the House; which agreement, in writing, shall
be furnished by said committee to the Committee of Account's,
to govern said committee in all allowances for such works,
and it shall be in order for said committee to report at all


'times.—March 16, 1844.
101. It shall be in order for the Committee on Enrolled


Bills—March 13, 1822—and the Committee on .Printing to
report at any time.—Afarch


. 16, 1860.
102. Seven additional standing committees shall be ap-


pointed at the commencement of the first session in each
Congress, whose duty shall continue until the first session
of the ensuing Congress.—March 30, 1816. •


To consist of five members each.
1. A committee on so much of the public accounts and


expenditures as relates to the Department of State;
2. A committee on so much of the public accounts and


expenditures as relates to the Treasury Department;
"So much of this rule as is printed in italics was inserted on the 19th oflila/taterrch.co1n8:01,itatened. so much of the rule of March 16, 1844, as imposed these duties


upon the Committee on Engraving was stricken out, thereby abolishing the




188.


RULES OF THE


3. A committee on so much of the public accounts and
expenditures as relates to the Department of War;


4. A committee on so much of the public accounts and
expenditures as relates to the Department of the Navy;


5. A committee on so much of the public accounts and
expenditures as relates to the Post Office;


6. A. committee on so much of the public accounts and
expenditures as relates to the Public Buildings; and


7. A committee on so much of the public accounts and
expenditures as relates to the Interior Department.-x•


103. It shall be the duty of the said committees to examine
into the state of the accounts and expenditures respectively
submitted to them, and to inquire and report particularly—, 4,


Whether the expenditures of the respective departments
are justified by law;


Whether the claims from time to time satisfied and dis-
charged by the respective departments are supported by
sufficient vouchers, establishing their justness both as to
their character and amount;


Whether such claims have been discharged out of funds
appropriated therefor, and whether all moneys have been
disbursed in conformity with appropriation laws; and


Whether any, and what, provisions are necessary to be
adopted, to provide more perfectly for the proper applica-
tion of the public moneys, and to secure the government
from demands unjust in their character or extravagant in
their amount..


And it shall be, moreover, the duty of the said commit-
tees to report, from time to time, whether any, and what,
retrenchment can be made in the expenditures of the sev-
eral departments, without detriment to the public service;
whether any, and what, abuses at any time exist in th .
failure to enforce the payment of moneys which may be duel
to the United States from public defaulters or others; and


* The last named committee was created March 16, 18(30.


to report,. from time to time., such provisions and arrange-
ments as may be necessary to add to the economy of the
several departments and the accountability of their offi-
cers. ‘--.21Iareh. 30, 1816.


It. shall be the duty of the several committees on public
expenditures to inquire whether any offices belonging to the
branches or departments, respectively, concerning whose ex-
penditures it is their duty to inquire, have become useless
or unnecessary; and to report, from time to time, on the ex-
pediency of modifying or abolishing the same; also, to ex-
amine into the pay and emoluments of all offices under the
laws of the United States; and to report, from time to time,
such a reduction or increase thereof as a just economy and
the public service may require.—February 19, 1817.


OF COMMITTEES OF THE WHOLE.


104. The House may at any time. by a vote of a majority
of the members present., suspend the rules and orders for
the purpose of going into the Committee of the Whole House
on the state of the Union; and also for providing for the dis-
charge of the Committee of the Whole House, and the Com-
mittee of the Whole House on the state of the Union—
January 25, 1848; from the further consideration of any bill
referred to it, ,


after acting without debate on all amend-
ments pending and that may be ofrered.*—March 11, 1844.


105. In forming a Committee of the Whole House, the
Speaker shall leave his chair, and achairman, to presidein com-
mittee, shall be appointed by the Speaker. -I-- April 7, 1789.


*In the re-arrangement of the rules under the resolutions of the House of
March 16, 1860, this rule. was separated from the 145th rule, of which it had
previously formed a part.


t Originally the rule was silent as to the mode of appointing a chairman of
the Committee a the Whole. He was appointed by the House by nomination
and vote thereon. Thai practice became very inconvenient ; and on the 13th
Nov


ember, 1794, the rule was amended by adding." by the Speaker." By rule
9, the chairman has power, in case of any disturbance or disorderly conduct
m the galleries or lobby, to order the same to be cleared.


111111111; n


HOUSE OP REPRESENTATIVES. 189




10 0 RULES OP THE


106. Whenever the Committee of the Whole on the state
of the Union, or the Committee of the Whole House, finds
itself without a quorum, the chairman shall cause the roll of
the House to be called, and thereupon the committee shall
rise, and the chairman shall report the name of the ab-
sentees to the House, which shall be entered on the jour-
nal. —December 18, 1847.


107. Upon bills committed to a Committee of the Whole
House, the bill shall be first read throughout by the Clerk,
and then again read and debated by clan ,es, leaving the
preamble to be last considered; the body of the bill shall.
not be defaced or interlined; but all . amendments, noting
the page and line, shall be duly entered by the Clerk on a
separate paper, as the same shall be agreed to by the com-
mittee, and so reported to the House.* After report., the bill
shall again be subject to be debated and amended by clauses,
before a question to engross it be taken.—April 17, 1789.


108. All amendments made to an original motion in com-
mittee shall be incorporated with the motion, and so re-
ported.—April 7, 1789.


109. All amendments made to a report committed to a
Committee of the Whole House shall be noted, and reported,
as in the case of bills.—April 7, 1789.


110. No motion or proposition for a tax or charge upon
the people shall be discussed the day on which it is made
or offered, and every such proposition shall receive its first
discussion in a Committee of the Whole House.—November
13, 1794.


111. No sum or quantum of tax or duty, voted by a Com-
mittee of the Whole House, shall be increased in the House
until the motion or proposition for such increase shall be
first discussed and voted in a Committee of the Whole House;
and so in respect to the time of its continuance.—November
13, 1794.


*This refers to bills in manuscript and bills from the Senate. It was long
after the date of this rule that the practice of printing the bilis obtained.


HOUSE OF REPRESENTATIVES.
19 1


112. All proceedings touching appropriations of money
shall be first discussed in a Committee of the Whole House.*—
iArovember 13, 1794.


113 The rules of proceedings in the House shall be ob-
served in a Committee of the Whole House, so far as they
may be applicable, except the rule limiting the times of
speaking—April 7, 1789; but no member shall speak twice
to any question until every member choosing to speak shall
have spoken.


—December 18, 1805.
114. In Committee of the Whole on the state of the Union,


the bills shall be taken up and disposed of in their order on
the calendar; but when objection is made to the considera-
tion of a bill, a majority of the committee shall decide, with-
out debate, whether it shall be taken up and disposed of, or
laid aside: provided, that general appropriation bills, and,
in time of war, bills for raising men or money, and bills con-
cerning a treaty of peace, shall be preferred to all other bills,
at the discretion of the committee; and when demanded by
aty member, the question shall first be put in regard to
'them—July 27, 1848; and all debate on special orders shall
be confined strictly to the measure under consideration.—
March


16, 1860.1'
OF BILLS.


115. Every bill shall be introduced on the report of a
committee, or by motion for leave. In the latter case, at
least one day's notice shall be given of the motion: in the




* This rule, as first adopted, required all proceedings touching appropriations
of money to be first moved in Committee of the Whole. The word "moved"
was struck out on the 17th December, J805, as it was found in practice greatly
to retard public business.


t This amendment was adopted for the purpose of reforming to some extent
the practice which had previously prevailed in Committee of the Whole on the
state of the Union, of indulging in general debate without regard to the
measure under consideration.


# In the early stages of the government, before the institution of standing
com


mittees, it was the common practice to introduce bills, on motion for leave,




192 RULES OF THE


House, or by filing a memorandum thereof with the Clerk, and
having it entered on the journal; and the motion shall be made,
and the bill introduced, if leave is given, when resolutions are
called for e such motion, or the bill when introduced, may be
committed.—April 7, 1789; September 15, 1837; and March 2,
1838. But the Speaker shall not entertain a motion for leave
to introduce a bill or joint resolution for the establishment or
change of post routes, and all propositions relating thereto
shall be referred, under the rule, like petitions and other
papers, to the appropriate committee..—May 1.87.


116. Every bill shall receive three several readings in the
House previous to its passage; and bills shall be despatched
in order as they were introduced, unless where the House
shall direct otherwise; but no bill shall be twice read on the
same day, without special order of the House.—April 7, 1789.


117. The first reading of a bill shall be for information,
and, if opposition be made to it, the question shall be,
" Shall this bill be rejected ?" If no opposition be made,
or if the question to reject be negatived,, the bill shall go to
its second reading without a question.t—April 7, 1789.


118. Upon the second reading of a bill, the Speaker shall
state it as ready for commitment or engrossment; and, if
committed, then a question shall be, whether to a select or


by individual . members ; the bills were then referred to a select committee, to
examine and report upon. The practice, however, of introducing bills by
members on leave, gradually grew into disuse as standing committees were
created, and, for nearly thirty years, no case occurs on the journals. Within a
few years past the practice has been revived and has now become very common,
but it is, nevertheless, a very inconvenient one, and does not facilitate business.
Previous to the 13th March, 1822, so strict was the House upon the introduc-
tion of bills, that standing committees had to obtain leave, in every case, to
report by bill. On that day the 71st rule was adopted.


* See rule 130.
t If no opposition be made to a bill, or if the question to reject be negative&


and the bill receives its second reading forthwith, (as is usual,) it is always.
understood that it is by " special order of the House." In the rapid and hurried
manner in which bills are now reported and acted upon, the unction is seldom
or never made, nor is the question put, "Shall the bill be now read a second


time?" The Speaker takes it for granted that the motion has been made and
allowed, and announces the second reading as soon as the first reading is com-


pleted.


HOUSE OP REPRESENTATIVES.
193


standing committee, or to a Committee of the Whole House;
if to a Committee of the Whole House, the House. motion de-
termine on-what day—November 13, 1794; if no otion be
made to commit, the question shall be stated on its engross-
ment; and if it be not ordered to be engrossed on the clay of
its being reported, it shall be placed on the general file on
the Speaker's table, to be taken up in order.—September 14,
1837. But if the bill be ordered to be engrossed, the House
shall appoint the day when it shall be read the third time.—
November 13, 1794.


119. General appropriation bills shall be in order in prefer-
ence to any other bills of a public nature unless otherwise
ordered . by a majority of the House.—September 14, 1837.


And the House may, at any time, by a vote of a majority
of the members present, make any of the general appropria-
tion bills a special order.—_


.March 16, 1860.*
120. No appropriation shall be reported in such general


appropriation bills, or be in order as an amendment thereto,
for any expenditure not previously authorized by law—Sep-
tember 14, 1837—unless in continuation of appropriations for
such public works and objects as are already in progress, and
for the contingencies for carrying on the several departments


• of the government.—/fareh 13, 1838.
121. Upon the engrossment of any bill making appropria-


ions of money for works of internal improvement of any kind
or description, it shall be in the power of any member to call
for a division of the question, so as to take a separate vote
of the House upon each item of improvement or appropria-
tion contained in said bill, or upon such items separately, and
others collectively, as the members making the call may
specify; and if one-fifth of the members present second said
call, it shall be the duty of the Speaker to make such divisions


This latter provision was inserted in the 145th rule March 16, 1860, but inthe re
-arrangement under the resolution of that date it was deemed more ap-pro


priate to annex it to this rule. By rule 114 all debate on special orders is
confined strictly Wile measure under consideration.


13




ROUSE OF REPRESENTATIVES. 195


126. No amendment by way of rider shall be received to
anv bill on its third reading. April 8, 1814.


127. When a bill shall pass, it shall be certified by the
Clerk, noting the day of its passage at the foot thereof.—
April 7, 1789.


LOCAL OR PRIVATE BUSINESS.


128. Friday and Saturday in every week shall be set
apart for the consideration of private bills and private busi-
ess, in preference to any other, unless otherwise deter-


mined by a majority of the House.—January 22, 1810. and
;Tanvary 26, 1826.


129. On the first and fourth Friday and Saturday of each
month the calendar of private bills shall be called over, (the


. chairman of the Committee of the Whole House commencing


V
.t e call where he left off the previous day,) and the bills to
lie passage of which no objection shall then be made shall


ylie first considered and disposed of . —January 25, 1839.


e
_ Btft when a bill is again reached, after having been once


aptected to, the committee shall consider and dispose of the
Same, unless it shall again be objected to by at least five
members.—March 16, 1860.±


OF BILLS ON LEAVE AND RESOLUTIONS.
130. All the States and Territories shall be called for bills


on leave and resolutions every Monday during each session
cif Congress; and, if necessary to secure the object on said


* Under the rule of 26th April, 1828, relative to a postponement or change
of the order of business, it has been decided that it takes two-thirds to proceed
to public business on Friday and Saturday. The reason of this decision is,
that the rule of the .26th of April, 1828, made no exception in favor of the


,


clause for a majority, contained in this rule ; and that therefore that. provision
as annulled. There have been three appeals upon this point, but the House


the 16th


'10'61hlteht irtetilfietrreosiftl aJnadn ufoa ur yr t 1251 F, riday


In all i nstances affirmed the decision in favor of two-thirds.
18:39, simply provided for calling over the calen-


the words "and Saturday" were added on
1860. The latter branch of the rule, which provides that upon


a
second call at least five members shall object, was adopted at the same time.


194 RULES OF PRE


of the question, and put them to vote accordingly.—February
26, 1846.


122. The bills from the Court of Claims shall, on being laid
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.—March 16, 1860.


123. A motion to strike out the enacting words of a bill shalli•
have precedence of a motion to amend; and, if carried, shall
be considered equivalent to its rejection.—March 13, 1822;
Whenever a bill is reported from a Committee of the Whole,
with a recommendation to strike out the enacting words, and
such recommendation is disagreed to by the House, the bill
shall stand recommitted to the said committee without further/.
action by the House.—March 16,1S60. # But before the ques-
tion of concurrence is submitted, it is in order to entertain a
motion to refer the bill to any committee, with or without in%t
struetions, and when the same is again reported to the House, it
shall be referred to the Committee of the W hole withoutdebate,
and resume its original place on the calendar. May 26, 1870.


124. After commitment and report thereof to the House, or
at any time before its passage, a bill may be recommitted—
April , 1789; and should such recommitment take place after,
its engrossment, and an amendment be reported and agreed!'-
-to by the House, the question shall be again put on the en
grossment of the bill.—March 16, 1860.t


125. All bills ordered to be engrossed shall be executed in
a fair round hand.-4prit 7, 1789.


* This hitter clause was inserted for the purpose of correcting a practice
which had begun to obtain, whereby the friends of a bill were enabled, by stri
big out the enacting clause, to cut off debate and amendment and take a biffil
back into the House and there pass it. At the same time, however, an amend-
ment was made to the 60th rule, whereby a majority is enabled, " at any time
after the five minutes' debate has taken place upon proposed amendments to
any paragraph or section of a bill, to close all debate upon such section or par-
agraph, or, at their election, upon the pending amendments only."


t Of late years, according to the practice, if the previous question on its passage
be pending or ordered, a motion to recommit is not in order. The latter clause
of this rule was adopted, for the first time, Marsh 16, 1860, previous to which;
there bad been no fixed rule in regard to the case therein provided for.




196 RULES OF THE


Clays, all resolutions which shall give rise to debate shall lie
over for discussion, under the rules of the House already
established; and the whole of said days shall be appropri-
ated to bills on leave and resolutions, until all the States
and Territories are called through.—Februarr 6, 1838.
And the Speaker shall first call the States and Territories
for bills on leave; and all bills so introduced during the first
hour after the journal is read shall be referred, without de-
bate, to their appropriate committees: Provided, • however,
That a bill so introduced and referred shall not be brought
back into the House upon a motion to reconsider.—March
16, 1860.* And on said call, joint resolutions of State and
Territorial legislatures for printing and 'reference may be
introduced.—January 11, 186'7.


OF PETITIONS AND MEMORIALS.


131. Members having petitions and memorials to present
may hand them to the Clerk, indorsing the same with their
names, and the reference or disposition to be made thereof;
and such petitions and memorials shall be entered on the
journal, subject to the control and direction of the Speaker,
and if any petition or memorial be so handed in which, in
the judgment of the Speaker, is excluded by the rules, the
same shall be returned . to the member from whom it was
received. —March 29, 1842.1.


OF THE PREVIOUS QUESTION.


132. The previous questiont. shall be in this form : " Shall




.*The words "hills on leave " where they occur were inserted in this rule on
the 16th March, 1860. By rule 115 it is required that at least one day's notice
shall be given of the motion to introduce a bill on leave.


t So much of the rules as authorized the presentation of petitions in the
House was stricken out December 12, 1853. According to the practice under
this rule it is competent for a member to withdraw from the files petitions aud
memorials presented at a former Congress, and re-refer them.


t The previous question was recognized in the rules established April 7, 1789,
and could be demanded by five members, (the parliamentary law places it in


Y1 OUSE Or ItEPItt 8EXTATIvEs.
197


the main question be . now put? "--April 7, 1789. It shall
only be admitted when demanded by a majority of the mein-
hers present—February 24, 1812 ; and its effects 81141 be
to put an end. to all debate, and to bring the House to a di,
rect vote upon a motion to commit; if such motion shall have
been made ; and if this motion does not prevail, then upon
amendments reported by a committee, if any ; their—August
5, 1848—upon pending amendments, and then upon the
main question


—January 14, 1840. But its only effect, if a
motion to postpone is pending, shall be to bring the House
to a vote upon such motion. Whenever the House shall
refuse to order the main .


question, the consideration of the
subject shall be resumed as though no motion for the pre-
vious question had been made. The House may also, at any
time, on motion seconded by a majority of the members
present, close all debate upon a pending amendment, or an
amendment thereto, and cause the question to be put thereon;
and this shall not preclude any further amendment or debate
the power . of two members—One to move, the othet to second.) On the 23d
December, 1811, it was placed on a footing with the yeas and nays ; that is, at
the command of one-fifth of the members present. It remained so until the 24th
February, 1812, when the rule was changed to its present form of a majority.
leording to former practice; the previous question brought the House to a
direct vote on the main question. ; that is, to agree to the main proposition, to
the exclusion of all amendments and incidental motions ; but on the 14th Jitn=.


;7'0
171 ( proposition. "sTt o


changed


to embrace, first, pending amendments, and then




The. original intent of the previous question was, to ascertain the sense of
the House, in the early stages of a subject; as to the propriety of entertaining
the matter; and if decided affirmatively, the debate went on ; if decided neg-
a
tively, the debate ceased; and the subject passed from before the House with-


out motion or further question. This was the practice in Congress under the
confederation ; and it is still the practice in the British Parlkiment. Now, by
the practice of the House, as well as by the terms of the rule, it is reversed :
if the motion for the previous question is decided in the affirmative, debate
ce


ases, and the House proceeds to vote ; if in the negative, the proceedings go
ones if the motion for the previous- question had not been made. Until the


Zn


revision of the rules in March, 1860, whenever the previous question was sec-
odnetdo, paonsdtptohnee t,nraain cquuteosffti.on ordered, pending a motion to postpone; the mo-




4


a


198 RULES OF THE


upon the bill. A call of the House* shall not be in order
after the previous question is seconded, unless it shall an.
pear, upon an actual count by the speaker, that no quorum
is present. —March 16, 1860.


133. On a previous question there shall be-no debate.—
December 17, 1805. All incidental questions of order, aris-
ing after a motion is made for the previous question, and
pending such motion, shall be decided, whether on appeal
or. otherwise, without debate.—September 15, 1837.


OF ADMISSION ON THE FLOOR.


134. No person except members of tile Senate, their sec-
retary, heads of departments, the President's private sec-
retary, foreign ministers, the governor for the time being
of any State, senators and representatives elect, judges of
the Supreme Court of the United States mid of the Court
of Claims, and such persons as have by name received the
thanks of Congress--March 15, 1867 T-shall be admitted
within the hall of the House of Representatives—March
19, 1860•—or any of the rooms upon the same floor or


* For the mode of proceeding in the case of a call of the House, see rules 36
and 37.


t The first rule for the admission within the ball of other than members was


adopted on the 7th January, 1802, and was confined to " Senators, officers of
the general and State governments, foreign ministers, and such persons as


members might introduce." On the 11th January, 1802, an attempt was
made to amend so as to exclude persons " introduced by members," which-
failed. On the 8th November, 1804, a proposition was made to confine the


privilege to Senators, which also failed. On the 17th December, 1805,
officers.-


of State governments were excluded. On the 1st February, 1808, a proposition
was made to admit ex-members of Congress and the judges of the Supretne
Court. After a good deal of debate it was rejected. On the 11th February,
1809, the rule was enlarged so as to admit judicial officers of the United States,
as also ex-members of Congress. On the 25th February, 1814, those who had
been heads of departments were admitted. On the 10th February, 1815, officers
who had received the thanks of Congress were included. On the 12th January,
1816, the navy commissioners. On the 21st February, 1816, governors of States
and Territories. March 13, 1822, the President's secretary. On the 26th ja
nary, 1833, the rule was further enlarged by admitting "such persons as


HOUSE OF REPRESENTATIVES. 199


11111.1F leading into the same—M-trek 2, 1865 ; provided that ex-
members of Congress who are not interested in any claim
pending before Congress, and shall so register theniselves,
may also be admitted within the hall of the House ; and no
persons except those herein specified shall at any time be
admitted to the floor of the House.—March 15, 1867.


OF REPORTERS.


135. Stenographers and reporters, other than the official
reporters of the House, wishing to take down the debates, may
be admitted by the Speaker to the reporters' gallery over the
Speaker's chair, but not on the floor of the House; but no
person shall be allowed the privilege of said gallery under
the character of stenographer or reporter without a written
permission of the Speaker, specifying the part of said gallery
assigned to him; nor shall said stenographer or reporter be
admitted to said gallery unless he shall state in writing for
what paper or papers he is employed to report; nor shall he
11 so admitted, or, if admitted, be suffered to retain his seat,
if he shall be or become an agent to prosecute any claim
pending before Congress; and the Speaker shall give his
written permission with this condition.—December 23, 1857.


UNFINISHED BUSINESS OF THE SESSION.


136. After six days from the commencement of a second
or subsequent session of any Congress, all bills, resolutions,*
Speaker or a member might introduce;" and on the 10th December, 1833, the
House, by a vote almost unanimous, rescinded that amendment. On the 23d of
De


cember, 1857, soon after removing into the new hall in the south wing of
the Capitol Extension, the privilege of admission was restricted to " members of
the Senate, their secretary, heads of departments, President's private secretary,
the governor for the time being of any State, and judges of the Supreme Court
of the United States." On the 19th of March, 1860, it was adopted in its present
term, excepting the last clause, a proposition to admit ex-members having been
aredjjeocinteidn.g rio'ohme sl.ast clause, adopted March 2, 1865, was intended to prevent per-
rseosnosluntoiot tsentitled


.


to the privilege of the hall from occupying the cloak and other


The word" resolutions," as here used, has been construed to apply to joint




200 RULES OF THE


and reports which originated in the House, and at the close
of the next preceding session remained undetermined, shall
be resumed and acted on in the same manner as if an ad-
journment had not taken place.—March 17, 1848. And all •
business before committees of the House at .he end of one
session shall be resumed at the commencement of the next
session of the same Congress, as if no adjournment had taken
place.—March 16, 1860.*


MISCELLANEOUS.


137. Whenever confidential communications are received
from the President of the United States, the House shall be
cleared of all persons, except the members,'Clerk, Sergeant-
at-arms, and Doorkeeper,t and so continue during the read-
ing of such communications, and (unless otherwise directed
by the House) during all debates and proceedings to be had
thereon. And when the Speaker, or any other member,
shall inform the House that he has communications to make
which he conceives ought to be kept' secret, the House
shall, in like manner, be cleared till the communication be
made; the House shall then determine whether the matter
communicated requires secrecy or not, and take order ac-
cordingly.—February 17. 1792, and December 30, 1793.


138. The rule for paying witnesses summoned to appear
before this House, or either of its committees, shall lie. as
follows: For each clay a witness shall attend, the sum of two .


* Prior to. this date it had been the practice for several years, near the, close.
of the first session of a Congress,, for the House to adopt a resolution making
a similar provision. This amendment was adopted to save the necessity for the.
passage of a similar resolution at every Congress.


t In the rule as originally established, on the 17th of February, 1792.,. it is.
provided that the House be cleared of all persons,. except "the members and.
the Clerk." In the rules of the 13th of November, 1794, the language used is.
"the members of the House and its officers." In the edition of 7th January,
1802, the terms "members and Clerk" are again used, , and on the 23d Decem•
ber, 1811, it was changed to its present form, so as to include the Sergeant-at


-arms and Doorkeeper. By rule 10 it is provided that the Clerk, Sergeant- at-


arms, Doorkeeper, and Postmaster, shall be sworn "to keep the secrets of the
House."


HOUSE OF REPRESENTATIVES.
201


dollars ; for each mile he shall travel in coming to or going
from • the place of examination, the sum of ten cents each
way; but nothing shall be paid for travelling borne when
the witness has been summoned at the place of trial.—Jzate
5, 1832.


139. Maps accompanying documents shall not. be printed,
under the general order to print, without the special direction
of the House.—March 2, 1837 ; September 11, 1837.


140. No extra compensation shall be allowed to any officer
or messenger, page, laborer, or other person in the service of
the House, or engaged in or about the public grounds or
buildings ; and no person shall be an officer of the House,
or continue in its employment, who shall be an agent for the
prosecution of' any claim against the government, or be in-
terested in such claim, otherwise than as an original claimant;
and it shall be the duty of the Committee of Accounts to
inquire into and report to, the House any violation of this
rule.—Jfarch 8, 1842.


' '141. 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 House.t—November 13, 1794.


142. When .
a question is postponed indefinitely, the same.


shall not be acied upon again during the session.—December
17, 1805.


143. Every order, resolution, or vote, to which the con-
currence of the Senate shall be necessary, shall be read to
the House, and laid on the table, on a day preceding that
in which the same shall be moved, unless the House shall
otherwise expressly all ow.—April 7, 1789.


144


The rules of parliamentary practice comprised in
Jefferson's Manual shall govern the House •in all cases to
which they are applicable, and in which they are not incon-


*See rule 100.


14 :1141 Ds


originall


ecr eig


mtbmerl,y1a7d95op. ted, this rule contained, after the word "for," the words
'which bad before been read to the House." They were stricken out on the




202 RULES OF THE


sistent with the standing rules and orders.of the House, and
joint rules of the Senate and House of Representatives.
September 15, 1837.


145. No standing rule or order of the House shall be re-
scinded or changed without one day's notice being given
of the motion therefor—November 13, 1794 ; nor shall any
rule be suspended, except by a vote of at least two-thirds
of the members present-x*—March 13, 1822 ; nor shall the
order of business, as established by the rules, be postponed,t
or changed, except by a vote of at least two-thirds of the
members present ; nor shall the Speaker entertain a motion
to suspend the rules, except during the last ten days of the
session, and on Monday of every week at the expiration Of
one hour after the journal is read t---April 26, 1828—unless
the call of States and Territories for bills on leave and reso-ra-
lutions has been earlier concluded, when the Speaker may
entertain a motion to suspend the rules.--June 8, 1864.


146. All elections of officers of the House, including the
Speaker, shall be conducted in accordance with these rules,
so far as the same are applicable ; and, pending the electio4
of a Speaker, the Clerk shall preserve order and decorum,
and shall decide all questions of order that may arise, sub-
ject to appeal to the House.--March 19, 1860.


147. These rules shall be the rules of the House of Rep*
resentatives of the present and succeeding Congresses unless
otherwise ordered.—March 19, 1860.


148. Art additional standing committee shall be appointed
at the commencement of each Congress, whose duties shall
continue until the first session of the ensuing Congress,.'


*By rule 104 a majority may, at any time, suspend the rules for the purpo
of going into Committee of the Whole ou the state of the Union, and also for
closing debate therein; and by rule 119 to make any of the general appropria
tion bills a special order. These are exceptions to this rule.


t The words "at the expiration of one hour after the journal is read' wer'3•
inserted March 16, 1860, so as to enable the House, on Mondays, to receive
reports, bills on leave, and resolutions, as provided for iu rules 51 and 130.


without interruption


HOUSE OP REPRESENTATIVES.


consist of seven members, to be entitled.a " Committee on
Coinage, Weights, and Measures;" and to this committee
shall be referred all bills, resolutions, and communications
to the House upon that subject.


—January
21, 1864; March


2, 1867.
149. The -names of members not voting on any call of


the ayes and noes shall be recorded in the journal immedi-
ately after those voting in the affirmative and negative, and
the same record shall be made in the Congressional Globe.
--June 8, 1864.


150. It shall be the duty of the Committee on the Pacific
Railroad to take into consideration all such petitions and
matters or things relative to railroads or telegraph lines
between the Mississippi valley and the Pacific coast as shall
be presented or shall come in question, and be referred to
them by the House, and to report their opinion thereon,
together with such propositions relative thereto as to them
shall seem expedient.—March 2, 1865.


151. It shall be the duty of the Committee of Ways and
Means to take into consideration all reports of the Treasury
Department, and such other propositions relative to raising
revenue and providing. ways. and means for the support of
the government as shall be presented or shall come in ques-
tion, and be referred to them by the House, and to report
their opinion thereon by bill or otherwise, as to them shall
seem expedient; and said committee shall have leave to
report for commitment at any time.--March 2, 1865.


152. It shall be the duty of the Committee on Banking and
Currency to take into consideration all propositions relative
to banking and the currency as shall be presented or shall
come in question, and be referred to them by the House, and
to report thereon by bill or otherwise


.—Marcia
2, 1865.


J53. It shall lie the duty of the Committee on Mines and
4iiiing to consider all subjects relating to mines and mining
that may be referred to them, and to report their opinionth


ereon, together with such propositions ielative thereto as
'nay seem to them expedient—December 19, 1865.




204 • RULES OF TIIE HOUSE OF REP0ESENTATIVES. 205


154. The allowance of stationery to each member and
delegate shall be of the value of seventy-five dollars for a
long session, and forty-five dollars for a short session of
Congress.—December 19, 1865. [By the act, (received by
the President January 31,. 1868, and which became a law
without his signature,) it is provided that no Senator or
Representative shall receive stationery or commutation
therefor exceeding one hundred and twenty-five dollars for
any one session of Congress.—Session Laws 2d session 40th
Congress, p. 3.;


155. The hall of the House shall 1-4 be used for any
other 'purpose . than the legitimate business of the House,
nor shall the Speaker entertain any proposition to use it for -
any other purpose, or for the suspension of this rule : Pro-
vided, That this shall not interfere with the performance
of divine service therein, under the direction of the Speaker,
or with the use of the same for caucus meetings of the
members, or upon occasions where the House may, by reso-
lution, agree to take part in any ceremonies to be observed
therein.—January 31, 1866.


156. There shall be appointed at the commencement of
each Congress a standing Committee o4 Freedmen's Affairs,
to consist of nine members, whose duty it shall be to take
charge of all matters concerning freedmen, which shall be
referred to them by the House.---Deeembe • 4, 1866.


157. When an act has been approved by the President,
the usual number of copi'e's shall be printed for the use' of
the House.—March 1867.


158. Messages from- the Senate and the President of the
United States, giving notice of bills Passed or approved,
shall be reported forthwith from the Clerk's desk.--.21/arek
15, 1867.


159. Estimates of appropriations, and all other commu-
nications from the executive departments, intended for the


consideration of any of the committees of the House, shall
be addressed to the Speaker and by him submitted to the
House for reference.---March 15, 1867.


160. There shall be appointed at each Congress a Com-
mittee on Education and Labor, to consist of nine members,
to whom shall be referred all petitions, bills, reports, and
resolutions on those subjects, and who shall from time to
time report thereon.--Marcia 21, 1867.


161. Pending a motion to suspend the rules the Speaker
may entertain one motion that the House do now adjourn;
but after the result. thereon is announced he shall not enter-
tain any other dilatory motion till the vote is taken on sus-
pension.—Feb. 25, 1868.




JOINT RULES AND ORDERS


OF


THE TWO IIOLTSES.


1. In every case of an amendment of a bill agreed to in
one house and dissented to in the other, if either house
'shall request a conference, and appoint a committee for that.
purpose, and the other house shall also appoint a committee
to confer, such committees shall, at a convenient hour, to
be agreed upon by their chairman, meet in the conference
chamber, and state to each other, verbally or in writing, as
either shall choose, the reasons of their respective houses
for and against the amendment, and confer freely thereon.—
November 13, 1794.


2. 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 Doorkeeper, and shall be respectfully
communicated to the Chair by the person by whom it may
be sent.—November 13. 1794.


3. The same ceremony shall be observed when a mes-
senger shall be sent from the House of Representatives to
the Senate.—November 13, 1794.


4. Messages shall be sent by such persons as a sense of
propriety in, each house may determine to be proper.—No-
vember 13, 1794.




5. While bills are on their passage between the two
Douses, they shall be on paper, and under the signature of
the Secretary or Clerk of each house, respectively.—No-
vemoer 13, 1794.




208 JOINT RULES OF THE TWO HOUSES.


G. After a bill shall have passed both houses, it shall be
duly enrolled on parchment by the Clerk of the House of
Representatives, or the Secretary of the Senate, as the bill
may have originated in the one or the other house, before
it shall be presented to the President of the United States.—
November 13, 1794.


7. When 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 com-
mittee for that purpose, who shall carefully compare the
enrolment with the engrossed bills as passed in the two
houses, and correcting any errors • that may be discovered
in the enrolled bills, make their report forthwith to their
respective houses.—November 13, 1794, and February 1,
1827.


8. After examination and report, each bill shall he signed
in the,respeetive houses, first by the Speaker of the House
of Representatives, then by the President of the .Senate.—
November 13, 1794.


9. After a bill shall have been thus signed in each house,
it. shall be presented, by the said committee, to the Presi-
dent. of the United States, for his approbation, (it being
first indorsed on the back of the roll, certifying in which
house the same originated; which indorsement shall be,
signed by the Secretary or Clerk, as the case may be. 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 President; which
time shall also be carefully entered on the journal of each
house.—November 13, 1794.


10. All orders, resolutions, and votes which are to be•
presented to the President. of the United States for his ap•
probation, shall also, in the same manor, be previou4
enrolled, examined, and signed; and shall be presentea4.


JOINT RULES OF THE TWO HOUSES.
209


the same manner, and by the same committee, as provided
in the cases of bills.—November 13, 1794.


11. When the Senate and House of Representative's shall
judge it proper to make a joint address to the President, it
shall be presented to him in his audience chamber by the
President of the Senate, in the presence of-the Speaker and
both houses.--November 13, 1794.


12. When a bill or resolution which shall have passed in


11*`give
n house is rejected in the other, notice thereof shall be


-iiven to the house in which the same shall have passed.—
June 10, 1790.


13. When a bill or resolution which has been passed in
one house shall be rejected in the other, it shall not be
brought in during the same session, without a notice of teu
days and leave of two-thirds of that house in which it shall
be renewed.—June 10, 1790.


14. Each house shall transmit to the other all papers on
tvhich any bill or resolution shall be founded.—June 10,
1790.


15. After each house shall have adhered to their disagree-
ment, a bill or resolution shall be lost.—June 10, 1790.


16. No bill that shall have passed one house shall be sent
for concurrence to the other on either of the three last days
of the session .--January 30, 1822.


17. No bill or resolution that shall have passed the House
of Representatives and the Senate shall be presented to the
President of the United States, for his approbation, on the
last day of the session.—January 30, 1822.


18. When bills which have passed one house are ordered
to be printed in the other, a greater number of copies shall
not be printed than may be necessary for the use of the
house making the order.--February 9, 1829.
, 19. No spirituous or malt liquors, or wines, shall be of-


"it,-- fOred for sale, exhibited, or kept within the Capitol, or in14




21.0 JOINT RULES OF THE Two HOUSE&


any room or building connected therewith, or on the public
grounds adjacent thereto. And it shall be the duty of the
Sergeants-at-arms of the two houses, under the supervision
of the presiding officers thereof, respectively, to enforce the
foregoing provisions. And any officer or employe of either
house who shall in any manner violate or connive at the vi-
olation of this rule shall be dismissed from office.--March
18, 18(1..


2O. There shall be a. joint committee on the library, to
consist of three members on the part of the Senate au
three on the part of the House of Representatives, to super.
intend and direct the expenditure' of 'all moneys appropri-
ated for the library, and to perform such other duties as are
or tkoy be. directed by law.--December 7, 1843.


21. After six days from the commencement of a second
or subsequent session of Congress, all bills, resolutions, ok
reports which originated in either house, and at the close.
of the, next preceding session remained undetermined in
either house, shall be resumed and acted on in the same
n;tanner as if an adjournment had not taken place.---August
14, 048.


22. The two houses shall assemble in the hall of the
gp.qse of Representatives at the hour of 1 o'clock p. m. on
the second Wednesday in February next succeeding the
meeting of the electors of President and Vice-President of
the United States, and the President of the Senate shall be -
their presiding officer; one teller shall be appointed on the
part of the Senate, and two on the part of the House of
Representatives, to whom shall be handed, as they ar'e':
opened by the President of the Senate, the certificates ctf.
the electoral votes; and said tellers having read the sat
in the presence and hearing of the two houses thus assetg:
bled, shall make a list of the votes as the y shall appear fromr
the said certificates; and the votes . having been counted,


JOINT RULES OF THE TWO HOUSES.
211


ii
the result of the same shall be delivered to the President


irpt:of the Senate, who shall thereupon announce the state of
the vote and the.


names of the persons, if any elected, •which
announcement shall be deemed a sufficient declaration of the


,,,persons elected President and Vice-President of the Unitedi,
States, and, together with a list of the votes, be entered on
the journals of the two houses.


If, upon the reading of any such certificate by the tellers,
any question shall arise in regard to counting the votes


,glierein certified, the same having been stated by the pre-
ding officer, the Senate shall thereupon withdraw, and


said question shall be submitted to that body for its decision;
and the Speaker of the House of Representatives shall, in
'like manner, submit said question to the House of Repre-
sentatives for its decision. And no question shall be de-
cided affirmatively, and no vote objected to shall be counted,
except by the concurrent votes of the two houses ; which
being obtained, the two houses shall immediately reassemble,
and the presiding officer shall then announce the decision
of the question submitted ; and upon any such question
there shall be no debate in either house. And any other
question pertinent to the object for which the two houses
are assembled may be submitted and determined in like
manner.


At such joint meeting of the two houses seats shall be
provided as follows : for the President of the Senate, the
"Speaker's chair ;" for the Speaker, a chair immediately
upon his left; for the senators, in the body of the hall upon
the right of the presiding officer ; for the representatives,
in the body of the hall not occupied by the senators ; for
the tellers Secretary of the Senate, and Clerk of the House
of Representatives, at the Clerk's desk ; for the other offi




eel's of the two houses, in front of the Clerk's desk and
upon either side of the Speaker's platform.




t


.212 JOINT RULES OF THE TWO HOUSES.


Such joint meeting shall not be dissolved until the elec-
toral votes are all counted and the result declared ; and no
recess shall be taken, unless a question shall have arisen in
regard to counting any of such votes, in which case it shall
be' competent for either house, acting separately in the
manner hereinbefore provided, to direct a recess not beyond
the next day, at the hour of ono o'clock p. m.—February
6, 1865.


INDEX
TO TIM


RULES AND ORDERS OF THE HOUSE OF REPRESENTATIVES,


AND TO THE JOINT RULES.


A.
Rule.


Absentees from the House, proceedings against..
35,36,37


attendance of, may be compelled by 15 mem-
bers




should have leave, be sick, or unable to attend.
33


in Committee of the Whole, to be reported to the House and
entered on


.. . 106
Accounts for pay and mileage, to be kept by the Sergeant-at-arms
Acts and addresses, to be signed by the Speaker
Address to the President, how . to be presented, ( joint rule)




Adhere, effect of a vote to, in the two houses, (joint rule)....


Adjourn, motion to, always in order, and not debatable


only one in order pending a motion to suspend the
rules


fix the day to which the House shall, always in order.
hour at which made, to be entered on the journal....


Agents for claims, employes of the House not to act as


Amend, motion to, order in which to be entertained with reference to
other motions


motions to strike out the enacting clause, takes. prece-
dence of


Amendments, of Senate to House bills, when considered


adopted, preclude the withdrawal of original motion


to be voted upon after previous question is ordered
. -


debate may be closed on


conference on, upon which the two houses disagree, (joint
rule)


P- not in order, if on a subject different from that under con-
sideration


if embracing any other pending bill or reso-
lution


to general appropriation bills, if not for ap-
propriations authorized by law


120
to a bill on its third reading, if by way of rider 126


to the rules, require one day's notice....


1 44
in Committee of the Whole, five minutes' debate on 60


all debate on, may be closed 60
not to be withdrawn 60


34




25
8


11
15
44


161
44
4f.


140


42


123
54
90


132
132


1


48


48




130


123


122
77
77


119
119


112
116
117
118


123
123
124
125
54
54
54


126
127


107
5


6
12


13


14


16


17
18


157


HOUSE OF REPRESENTATIVES. 215


hills, proceedings on leave to introduce
how to be introduced or reported




leave to introduce


for post routes not be introduced on leave
on leave, introduced and referred during morning hour or alter-
. nate Mondays, not to be brought back by reconsideration




reported from Committee of the Whole with recommendation to
strike out enacting clause




reported from the Court of Claims. (See, also, Extract from the
Law, page 201)


making appropriations, to be reported within thirty days


may be reported at any time


to have preference to other bills


may be made special orders at any time.
authorized by law excluded to be first


discussed in Committee of the Whole..
the several readings of.




if opposed on first reading, question to reject to be put, Sac .
how to be disposed of on second reading




a motion to strike out the enacting words of, takes precedence of
a motion to amend...




effect of affirmative vote on


may be recommitted at any time before passage, and effect thereof.
to be engrossed in a fair round band




-. -


amendments of Senate, when considered


engrossed, when to be read a third time_
front the Senate, when to be read and disposed of




not to be amended on the third reading by ride
when passed to be certified by the Clerk ............
[in Committee of the Whole] how to be taken up ; not to be inter-


lined; amendments to, how to be kept and reported ; and, after
report., may be again debated and amended




on their passage to bo on paper, ( joint rule)


to be enrolled on parchment after passing the two houses, ( joint
rule.) (See Engrossed Bills)




passed one house and lost in the other, notice to be given, ( joint rule)
how they may be renewed,




(joint rule)....


whe
s


ul
n


sentt from one house to the other, to be accompanied by papers,


not to be sent from one house to the other for concurrence on the
three last days of session, ( joint rule)




not


rule)
jotobrepeTsented to the President on the last day of a session,


relative to the printing of, ( joint rule)


after approval shall be printed


Rule.
115
115


415,130
115


67
12
12


65
29


136
21


12,8


129
129
48


214 INDEX TO THE RULES OF THE


Amendment , in Committee of the Whole, how kept by the Clerk and re- Ruh).
ported 107,109


to original motions, to be incor-
porated - - ..... - - 108


to be disposed of before report
of measure . 143


Appeals, growing out of irrelevancy, inadmissibility, &c., of motions, &c.
how made and debated . 2
growing out of " transgression of the rules in speaking," inde-


corum, &c. . 61,62
not debatable after previous question is moved 133
growing out of questions as to the priority of business, not de-


batable 66
Appropriation bills, if for other objects, not to include appropriations for


carrying treaties into effect :...
general, to be reported within 30 days after appoint.


ment of the Committee on Appropriations. 77-
may be reported at • any time for reference


only




shall take precedence of other bills in the •
House and in Committee of the Whole. .119,114


not to include appropriations not authorized
by law 120




may be made special orders at any time 119
must contain the amount of each appropri-


ation




and also sum total 77
be first discussed in Committee of the Whole 112


for internal improvements, may be voted upon by items 121
Appropriations, Committee on, duties of 76,77


report of appropriation bills by 77


B.




Ballot, committees to be appointed by, in certain cases
in other cases of election by, a majority necessary
blanks in elections by, to be rejected
in all cases of election by, Speaker shall vote .....
no person to look ou when tellers are counting votes by .... - —




Bar of the House, no member to vote unless within the
• hills, reported at first, to be resumed at second session


reported at first, to be resumed at second session, ( joint rule).— -
private, to have precedence on Fridays and Saturdays ........ --


to be called over on first and fourth Fridays and Satur-
days of every month


preference to those not objected to
cannot be amended by adding other bills


2




sentees on, ike


Capitol, unappropriated rooms in
no spirituous liquors to be brought within or about, (joint rule)-


Chair, Speaker may substitute a member to take ....
Chairman of Committee, who shall be




may appoint meeting of committee


Chairman of Committee of the Whole, Speaker names




may order gallery or lobby cleared


how to call the calendar ..•..


Charge on the people, motions for


Claims, officers of the House not to prosecute


....................




reporters having seats assigned shall not prosecute


Claims, Court of, bills from, to be placed on calendar and printed._ _—
Clerk of the House, to be chosen at the commencem


ent of each Congress.




in election of, vote to be taken viva voce .....
take oath of office, and continue until successor


appointed__
_


....-


shall attest all writs, warrants, and subpoenas ......
petitions may be presented to, and entered by him


on the journal ..
to cause resolutions tobe delivered to the President,&c•


C.


Calls on the departments, to lie on the table one day


Calls of the House, names to debe
second
alphbetically on


not iu orr afteror previous question, unless


no quorum present •
132


proceedings on .. - .
36, 37


fifteen members may compel the attendance of ab-
34, 36


53
35


5
19


5
68
70


105
9


129
110
140
135
122


10
10


131
53


216 INDEX TO THE RULES OF THE
Rule.


Bills,
messages announcing passage or approval of, to be repeated at


Clerk's desk
Blanks,


in filling up, question to be first put. on largest sum and longest


time------


notto be counted in balloting,s ...... . ..................


Bond, Sergeant-at-arms required to give


Business, unfinished, precedence of
unfinished at first, to be resumed at wand


session, ( joint rule
136


21)


.....


56
daily order of


51 to




if changed or postponed, two-thirds necessary 145


no debate on priority of
66


on the Speaker's table, mode of disposing,of
..... 54


list to be made of, weekly 19


private, to have preference on Fridays and Saturdays.—


- 128


to be called over on first and fourth Fridays and Sat-
urdays, and disposed of, if no objection 129


HOUSE OF REPRESENTATIVES.
217


Clerk of the House, to refer maps, &c., to the Committee on Printing...
to make out list of reports to be made to Congress by
. public officers
13


to furnish the governors and State legislatures with
Copies of the journal






14
to note and put together at .


the end of the journal all
questions of order




15
notice of bills to be given to






115
shall certify bills which have passed






127
duty of, in relation to amendments in Committee of


the Whole


'107, 109
to cause journal to be completed and distributed within


thirty days




16
shall retain in library of his office two copies of all


printed documents




17


20
21


54
not to be repeated on same day, or at same stage of


proposition 42
if previously made, to be voted upon after main ques-


- tion ordered
in order after the second reading of a bill






Committees, to be appointed by Speaker, unless otherwise ordered


how appointed by ballot


who shall be chairman


member excused from serving on more than two
to meet on call of two members'(if chairman be absent)




when and in what order they shall be called for reports
not to be called further after occupying two days




motion to refer to standing, takes precedence of motion to
refer to select


standing, to be appointed at commencement of each Con-
gress


duties of, viz : of Elections




of Ways and Means




on Appropriations '74, 76, 77, 119, 120


I


158


50
12
26
56


Rule.
100


to furnish members with bound documents
18


to cause the laws to be indexed


to make or approve all contracts
to make out weekly a list of business on the Speaker's


table
19


powers of, prior to election of Speaker
146


Clerks to Committees, not to be employed without the order of the House.
73


Commit, motion to, order in which, to be entertained with reference to
other motions


42, 43
effect of not making, after second reading of Senate




bills.




132
118
67
67
68
69
70
51
51


43


74
75


151


I




218


HOUSE OF REPRESENTATIVES.


INDEX TO THE RULES OF THE


Committees, standing, duties of, viz : on so much of the public accounts
and expenditures as relate to
the Post Office ;


on so much of the public accounts




and expenditures as relate to
103


• the Public Buildings ; and
on so much if the public accounts


and expenditures as relate to
the Interior Department.




joint, on Enrolled Bills, (joint rule)


on the Public Printing. (See also Extract
from the Law, page 199) 100


87 on the Library of Congress, (joint rule)._
20


88 Regents in the Smithsonian Institution. (Act
89 of Congress.)
90 shall have leave to report by bill or otherwise....


71




shall not sit during the sitting of the House-
72




not to employ clerks without leave of the House. _
73


business before, at end of one session to be resumed




at commencement of next session
136


Committee of the Whole House, how formed
105


chairman of, may clear lobby and galleries
9


how to proceed in calling the calendar of
129


how to proceed in cases of bills
107


must first entertain all motions for laying or increasing taxes .110,111
appropriations must be first discussed in




112
rules of the House to be observed in


113
how to report amendments


108,109
may originate motions


108
effect of report by, to strike out the enacting clause


123
Committee on the state of the Union, motion to refer to,.takes precedence


43




House may go into, at any time 104
debate in, on special orders to be con-


fined to measure under considera-
tion




debate may be closed in 145
roll to be called, dic., if found with-


out a quorum
106


five minutes' debate allowed in, on
103 amendment, but may be closed on


a section or paragraph
how bills are to be taken up and con-


sidered in 114




order of propounding questions . in__ 50




Commitment of motions and reports to be at the pleasure of the house- 47


Rule.




Committees, standing. duties of, Viz: on Banking and Currency. .......


152


oh the Pacific Railroad ._ - -


150


ofClaims .............. 78


on Commerce ----• . - . - 79




on
Public Lands ............... . 80




on the Post Office and Post Roads. 81




for the District of Columbia ....... 82




on . the Judiciary ._ .. ............


83




on Revolutionary Claims ......... 84




on Public Expenditures_.-- •..... 85.


on Private Land Claims --- 86


on Military Affairs
onthe Militia-___ . . _ ..
onNavalAffairs
on Foreign Affairs.
onthe Territories ............ .._ -
on Revolutionary Pensions
onInvalid Pensions . _ ..
on Roads and Canals ......
on Coinage, Weights, and Measures
on Patents ..... . _ -




on Public Buildings and Grounds


of Accounts-...
on Mileage
on Mines and Mining---- . _ . . -----
on Freedmen's Affairs
on education and Labor


on Agriculture,
on Manufactures , duties of, not defined 74


on Indian Affairs,
on the Revision of the Laws, J °
additional, to be appointed at the coMinettement


of each Congress
- _


102


duties of viz : on so much of the public accounts)
and expenditures as relate to the 1
Department of State ;


on so much of the public accounts
and expenditures as relate to the
Treasury Department ;


on so much of the public accounts >
and expenditures as relate to the
Department of War ;


on so much of the public accounts
and expenditures as relate to the
Department of the Navy ;


91
92
93
94


148 1
95
96
98
99


153
156
160


1'


219


Ruts.


114


60


7.




220 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 221
Rule.


9
4


46
46


121


6
18
17
45


Rale.


Commitment, when different committees are proposed, their order . 43


Conference committees, relative to, (joint rule) 1
Confidential communications or proceedings, relative to 137
Consideration, question of


41


Conversation, private, members not to engage in. 65


Court of Claims. (See Claims, Court of.)
.D.


Debate, limited on appeal to one speech, unless by leave 2
not allowed upon resolutions on the day they are submitted 52,130


not allowed upon private bills on the first and., fourth Fridays of
each month


member shall confine himself to the question under, and avoid per-
sonality..... 57


in rising to, member shall address himself to "Mr. Speaker"_. 57


member may speak from the Clerk's desk 58


Speaker shall name the member who is first to speak 59


no member shall occupy more than one hour in 60
member reporting the measure may open and close 60


five minutes allowed to explain, and the same time to oppose
amendments 60


may be closed upon a section or paragraph, or pending amend-
ment


60


member transgressing the rules in, to be called to order, and no
debate on appeal


when decided out of order, not to proceed in case of objection,
without leave of the House


shall be liable to the censure of the House
called to order for words spoken in, words spoken to be taken


down in writing
if business intervene before, he shall not be held to answer 62
no member shall speak more than once to the same question,


unless by leave, or he be the mover, proposer, or introducer of
the pending proposition


while member is speaking, no one shall hold private discourse or
pass between him and the Chair


not allowed on motion to excuse from voting
not allowed on motions to adjourn, to fix the day to which House




will adjourn, or lie on the table
not allowed on any question pending the previous question
not allowed on questions relating to the priority of business.
in Committee of the Whole may be closed . .......... .
on special orders, to be confined to measures under consideration




Departments, calls for information from
Clerk to prepare a list of reports to be made by


Disorder in the galleries and lobby
Division of the House


Division of questions, in what cases to be called for .....


...... ...




to strike out and insert, not. divisible....


on internal improvement bills


Divine service, not to be performed in the hall without consent of the
Speaker




.._. • _Documents, members to be furnished with•an extra set, bound


two copies of, to be retained in House library


relative to printing extra numbers of


(See Extract from the Law, page 199.)
Doorkeeper, to be elected at commencement of each Congress ......


vote for, to be taken viva voce.


oath of office of


required to execute 134th and 135th rules strictly......____
27


appointees of; subject to approval of Speaker


required to take and report inventory of furniture, &c




Duties or taxes, propositions to impose or increase


E.
Elections, how to be conducted




previous nomination necessary, except where members are
eligible




votes to be taken viva voce


Electoral votes, counting
of, (joint rule) .......


.....


_


.Employes of the House, not to receive extra compensation or act as claim




agents


Enacting words, effect of motion to strike out


where bill is reported with recommendation to strike out.
Engraving, to be referred to House members of Committee on Printing_
Engrossment to lie in a fair round hand




.Engrossed bills not to be amended by riders


.


while on their passage between the two houses, (joint
rule)..


(See Bills.)
Enrolled bills, Committee on, may report at any time




to be examined by the committee


..


provision for the appointment of the Com-
mittee on..




to be signed by the presiding officers of the houses, (joint
rule)....


.


how to be presented to the President, and the time to be
noted, (joint rule)


- -- -


not to be presented to the President on the last day of ses-
sion, (joint rule)


129


61


61
61


62


63


65
31


44
133
66


104
114
53
13


10
10
10


10
27


110,111


7,12


11
10
23


142
123
123
100
125
126


6


101


(joint rule).. 7


8


9


17




53
54
31
69


140


37
24


138
60


134
128
129


9
149
67
14


5
134 -


27


149


16


50
8


17
20
42
44


143


110
145
115


9


Rule


44
Journal, hour at which motion to adjourn is made to be entered on


name of the member presenting petition or resolution to he en-
tered on


.32
panes of members not voting to be recorded


'OW copy of; to be sent to the Executive and etich branch of State
legislatures
14


decisions of questions of order to be put together at the end of..
13


list of absentees in Committees of the Whole to be entered on._
106


to be printed, indexed, and distributed within thirty days after
close of session


L.


Largest sum and longest time in filling blanks, question to be first put
o


Laws to be signed by the Speaker


Library of Clerk's office, books to be retained in


Library, joint committee on, ( joint rule)


Lie on the table, motion to, precedence of


no debate on


one day, what propositions shall
orders, resolutions, or votes requiring the con-


currence of the Senate


calling on the President or departments for in-
formation


for a tax or charge upon the people


to rescind or change a standing rule or order


notices of bills


Lowly may be cleared in cases of disorderly conduct........


222
INDEX TO THE RULES OF THE HOUSE op EEPRES:LNZ.ATIV:7.3. • 223


Rule.


Estimates from the Executive departments to be addressed to the Speaker 158
Executive departments, tides to be observed iu calling for information


from heads of
Executive communications, when to be read.
Excused from voting, rules relating to being
Excused from serving on a committee, a member may be
Extra compensation: forbidden


Fees against members
of Sergeant-at-arms
of witnesses


Five-minutes rule
Floor, privilege of admission to
Fridays, private business to have preference on


first and fourth, set apart for bills to which there is no objection.
G.


Galleries may be cleared in cases of disorderly conduct
" Globe," names of members not voting to be published in
Governors admitted in the hall .....




journals to be sent to
H.


Hall of the House of Representatives
to be under the direction of the Speaker
persons who may be admitted within the ....
134th rule to be strictly executed
not to be used in time performance of divine service unless by con-


sent of the Speaker .
not to be used except for legitimate business of the House, &e...


Hour rule... _
Hour at which motion to adjourn is made to be entered on the journal,..


I.
20
29


121
142


F.


6
155
60
45


23
130
100
70


69
65
65
29
30


M.
Mace, the symbol of office of the Sergeant-at-arms




Maps accompanying ilocuments not to be printed without special order..
to be referred to Committee on Printing..


Meeting of committees, how called


Members, Speaker shall call to order....


excused front serving on more than two committees


..


to sit uncovered




144 1*/


not to visit Clerk's desk while vote is being taken


not to vote when interested


must be within the bar to have votes counted


names of, to be called alphabetically
35




5 shall vote if in the House when question is put
31




absent at a call of the House


3439 not to be absent except by leave, or sick, or unable to attend.,
36,


374


Index to laws to be made
Interested, members not to vote when
Internal improvement bills, separate votes may be taken on items of....
Indefinitely postponed, questions not to be resumed which are


J.


JcPrson's Manual to govern in certain cases
Joint resolutions. (See Bills, which are governed by the same rules.)
Journal to be read each day on the appearance of a quorum .......


to be examined and corrected by the Speaker before it is read..


every written motion to be entered on, unless withdrawn on same
day




46
47


123
108


32
135
ll. •


115
115 •


129
10


61


61


62
2


38


39


224 INDEX TO THE RULES OP THE ROUSE OP REPRESENTATIVES. 225
Rule.


2


133•


Rule.


Members, accounts of, for pay and mileage, to be kept and paid by Ser-
geant-at-arms 25


Committee on Mileage to ascertain and report on mileage of 99


Memorial. (See Petitions.)
Messages between the two houses, bow to be announced and delivered,


( joint rules) 2, 3




by whom to be sent, ( joint rule) 4
from Senate, when considered 54


to be repeated at Clerk's desk 158
from President, when read 54


Mileage, duty of Committee on 99
Morning hour, for reports and resolutions 54
Motions, question of considering, not to be put unless demanded 41


shall be stated by the Speaker, and, if in writing, read by the
Clerk before debate


shall, in all cases, be reduced to writing, if desired by the
Speaker or a member


written, to be entered on the journal, unless withdrawn same
day 39


may be withdrawn at any time before a decision or amendment 40


precedence of --..42, 43, 49
to strike out and insert shall be deemed indivisible 46
to strike out being lost, shall preclude neither amendment nor


motion to strike out and insert
may be committed at pleasure
to strike out the enacting clause, precedence and effect of
original, in Committee of the Whole..... ....... ........


N.


Name of members, presenting petitions or resolutions
Newspapers, reporters to give the names of
Nominations, cases in which, necessary
Notices, of bills, may be given to the Clerk


bills may be introduced on, when resolutions aro called for....


0.
Objection days, first and fourth Fridays of each month
Officers of the House, shall be elected viva rove
Order, Speaker shall preserve


members in speaking called to, shall sit down, &c
member in speaking called to, if decision in his favor, may pro-


ceed, otherwise not without leave
if member called to, for words spoken in debate, words to be


taken down
questions of, Speaker shall decide, subject to appeal


Order, questions of, Speaker may speak to, in preference to other mem-
bers


arising after previous question, to be decided without
debate


to he noted and put together at the end of the journal
15


Order of business of the session, all bills, &c., of either house, undisposed
of at first session, shall resume their
position after the first' six days of the




2d session, (joint rule).
21


of business of the day


.
-51,52,54,130


as established by the rules, not to be postponed or changed ex-
cept by a two-thirds vote




. - 145
of the day, when Speaker to proceed to call


54
unfinished business shall have precedence in. ..... 56


P.
Parliamentary practice, rules of, comprised in Jefferson's Manual, adopted 144
Pay of members, by Sergeant-at-arms


25
Personality, to be avoided in debate




......


Petitions, by whom, and in what manner, to be presented
131


to be presented to the Clerk.


___. 131
name of member presenting, to be entered on the journal


32
pending before committee at end of a session


136
Plurality shall prevail on second ballot for members of committee


67
Postmaster of the House, to be elected at the commencement of each


Congress _ 10
in election of, vote to be taken viva voce


10
oath of office of
10


appointees of, to be approved by Speaker__ 10
Postpone to a day certain, order in which motion is to be entertained




not to be entertained again on same day, or
at same stage


effect of previous question, when motion to,
is pending


42


42


132
or change order of business


145Postpone indefinitely, order in which motion is to be entertained. .....
not to be entertained again on same day, or at


same stage of proposition


question not to be acted upon again during the ses-
sion if motion to, prevails




42


42


142Post route
not to on motion for leave




obnes ide redntro uced 115


Precedence,


o/trbse,
167


to be decided without debate pPreiocer,iitcyncoefobt.uisli:ctsics,:is} 66
42


President, rules to be observed in calling for information from the
53


15




Questions, precedence of..-.-..
manner of putting
decorum to be observed during the putting of


division of .


.....


lost, when vote is made a tie by the vote of Speaker_ ..... --


QUO7U9U,
upon the appearance of, journal to be read
one-fifth of, may order tellers
fifteen members may compel the attendance of
how compelled in Committee of the Whole


Reading of a paper, if objected to, may be determined by vote..---
at any time before passage, bill maybe
effect of recommitment, where amendment is made


Reconsider, motion to, may be made by a member of the majority


must be made on the same or succeeding day.-- -
shall take precedence of any motion, except to ad-


journ ........
cannot be withdrawn after succeeding day, and


may be called up by any member .............


42, 43,49
4


66
46


7
1
4


34
...


106


141
124
124
49
49


49


49
1


22G INDEX TO THE RULES OF THE
Rule.


President,
manner of presenting bills and resolutions to the, (joint rule). 9
manner of presenting joint addresses to the, (joint rule).- - - 11
no bill or resolution to be presented ou the last day of the ses-


sion to the, ( joint rule)
17


notices of approvals by, to be repeated at the Clerk's desk— 158


President and Vice-President,
counting electoral votes for, (joint rule)._ 22


Previous question, order of motion for
__.. 42


form and effects of - - -- - - - --
call of the 1-louse not in order after second of, unless


on actual count no quorum be present
132


..
133


132


no debate on


Printing, propositions to print extra numbers
to be referred to the Com-


mittee on. (See Extract of Law, page 199.)
Committee on, duties of, &c. (See, also,


Extract of Law, page
100




109)
may report at any time




100,101


of bills of the Senate, ordered in the House, (joint rule) Is


of bills when approved . .....
_.... .....


157


Private business,
to have precedence on Fridays and Saturdays...- . — 128


such as no objection is made to, to be considered first
and fourth Fridays and Saturdays of each month— 129


Privilege of the floor, who entitled to
134


134th rule to be strictly executed._..
27


Q.




HOUSE OF REPRESENTATIVES. 227


Rule.
Reconsider, motion to, not in order in cases of bills introduced on Mon-


days during morning hour........


130
Refer, motions to, order in which question to be taken on






43
Reporters to be admitted, and have places assigned them by the Speaker. 135




must state, in writing, for what paper or papers employed.... 135
shall not be admitted if engaged as claim agents






135
Reports to be made by the officers of government, list of, to be made out by


Clerk at the commencement of each session
13


Reports of committees, not acted on at first session, to be acted on after
the first six days of second session, as though




no adjournment had taken place, (joint rule) - 21
to be call d for as s n as the journal is read.... 51


may be committed at pleasure


47
may be by bill or otherwise






71
Reports of the Court of Claims to be continued from Congress to Con-


gress—placed on calendar, &c. (See
also Extract from the Law, page 200.) 122


Resolutions, when they may be submitted
52, 130


only one at a time
every alternate Monday set aside for_
those giving rise to debate to lie over




cannot be amended by adding other resolutions
_


requiring assent of the Senate, to be laid on the table one
day before acting on, &c


143




calling on executive officers for information to lie one day
53


name of member moving 32
orders, votes, &c., requiring the President's approbation,


shall be signed and presented as in case of bills—see
Bills, (joint rule)


passed one house and lost in the other, notice to be given,
(joint rule)


not to be presented to the President on the last day of the
session, (joint rule)


of State and Territorial legislatures, when they may be in-
troduced ................... ...... _ I 30


Rooms, Speaker to dispose of unappropriated
Rules, how to be amended, rescinded, or suspended


Riders, engrossed bills not to be amended by


126


145
5


motion to suspend, may be entertained every Monday, one hour




after the journal is read, and the last ten days of the session... 145
may be suspended at any time to go into Committee of the Whole


104on the state of the Union ..
pending, or motion to suspend, no dilatory motion, except one to


161adjourn, in order


these, to govern present and succeeding Congresses, unless other-
147wise ordered




130
130
48


10


12


17




Taxes, Sec., respecting the imposition of
Tellers, when to be appointed
Tie votes, made so by the vote of the Speaker, defeat the propostion...


2
2
3
4
4
5
5 •
5


67


7
8


8
9


135
131
59


22S


INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 229


Rule.


of the
bills and resolutions, when to be read 54


consider messages from
messages to and front, (joint rule)
messages from, to be repeated at Clerk's desk...


Sergarnt-at•arms to be elected at the commencement of each Congress..
vote for, to be taken viva sore.
oath of office of
general duties of
the mace to be borne by, when in the execution of his


office• .....--. 23




fees of, for making arrest, travelling expenses, &c.... 24
shall keep pay and mileage accounts, draw and pay


over money, &e
shall give bond, with surety ....... . ..... 26
to pay mileage, upon the report of the Committee on


Mileage . i99




Speaker shall take chair every day at hour to which House adjourned 1
shall preserve order, decide questions of order subject to appeal,


&c.


.


may speak to points of order in preference to other members--
shall rise to put a question
manner in which questions shall be put by
shall state the result of vote by tellers
shall examine and correct the journal before it is read
shall have a general direction of the hall




may name members to perform the duties of the Chair for the day
shall appoint all committees, unless the House direct otherwise -
shall vote in all cases of ballot, and where his vote, if given to


the minority, will make a tie ...
shall sign all acts, addresses, and joint resolutions .....
all writs, warrants, and subpoenas shall be under the hand and


seal of___. ...... .....
shall have power to order the galleries and lobby to be cleared..
may admit stenographers, and assign them place in writing .. --
petitions handed to the Clerk to be subject to the control of —. -
shall name member who is first to speak


Speaker, while question is being put by or he is addressing the House,




members to keep their seats, and not hold private conversation_
65


shall state motions when made and seconded
38




shall not entertain motion for leave to introduce post route bills
115


shall not entertain request to change a vote after result an-
nounced


shall not entertain motion for use of hall for other purpose than
legitimate business of the House.... ..




to sign checks for pay and mileage of members




to appoint chairman of the Committee of the Whole


no person to perform divine service in the ball without consent of.
shall have the control and disposal of the unappropriated rooms


on the House side of the Capitol




election of, to be conducted in accordance with these rules._ _
146


communications from executive departments for consideration
of committees to be addressed to




Speaker, pro tea pore, may be named by the Speaker for the day


Speaker's table, business on, how reached, and manner of disposing of
54


shall be attended to only at time specified in




54th rule




weekly statement of,to be prepared by Clerk _
19


Special orders, all debate on, shall be confined to measure before com-
mittee


...


general appropriation bills, may be made at any time....
State legislatures, when joint resolutions of, may be introduced
Stationery, allowance of, to members and delegates




Stenographers, relative to
shall not be admitted if engaged as claim agents


Strike out and insert, motions to, indivisble




' Strike out, motion to, being lost, effect of


Strike out enacting clause, motion to, effect of
Subpoenas to be signed by the Speaker, 45Z,


T.


U.


Z:nlinished business, at adjournment, when to be resumed


51,56
all other, when to be resumed


56


S. Rule.


Saturday, private bills take precedence on 12$
first and fourth set apart for private bills not objected to 129


Secret session, relating to 137
during the rebellion, (joint rule) 22


Senate, all orders to be laid on the table one clay which require the assent
143


54
5,41


158
10
10
10
22


25


29


155
25


105
6


5


159
5


55




114
119
130
154
135
135
46
46


123
8




35
65


149


230 INDEX TO THE RULES OF THE HOUSE.


V.


Rule. Et


Viva voce, election to be held by 10
Vote, separate, may be taken on each item of internal improvement hill 12


not to be given by a member who is interested or without the bar 29,30
every member present shall vote unless excused 31
to be given viva yore in the election of officers., 0
Speaker not to entertain request to change, after result is announced 29


Voting, manner of 4
who are to be excluded from 29,30
how members are excused from 31
members sot to visit the Clerk's desk while vote is being taken.. 65
names of members not, to be entered on journal and published in


" Globe " 140


NV.


Warrants, writs, to be signed by the Speaker


8


Ways and Means, duties of Committee of 151
may report bills at any time 151


Witnesses, how to be subpoenaed 8
fees ot; for attendance and mileage. 138


Writing, motion to reduce to, if desired 39
words excepted to, to be reduced to 62


Y.


Yeas and Nays one-fifth of the members present may order, (Constitu-
tion,) to be taken alphabetically
when calling, no one to go near the table.
names of members not voting by, to be entered on journal


and published in " Globe"


STANDING RULES


FOR CONDUCTECG BUSINESS IN


THE SENATE OF THE UNITED STATES,




STANDING RULES
FOR CONDUCTING BUSINESS


IN THE SENATE OF THE UNITED STATES.


COMMENCEMENT OF DAILY SESSIONS.


1. The Presiding Officer 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 be made in the entries.


[16 April, 1789—March 25, 1868.


A quorum shall consist of a majority of the Senators duly
chosen and sworn.


[4 May, 1864—March 25, 1868.


BUSINESS NOT TO BE INTERRUPTED.


2.—No Senator 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
Senator is speaking in, any debate.


[16 April, 1789-14 Feb., 1828—Maroh 25, 1868.


RULES IN SPEAKING OR DEBATE.


3.—Every Senator, when he speaks, shall address the
Chair, standing in his place, and when he has finished shall
sit down.


[16 April, 1789—March 25, 1868.




a


1


234 RULES OF THE SENATE.


debate, on the same day, without leave of the Senate, which
question shall be decided without debate.


41.—No Senator shall speak more than twice, in any one


[16 April, 1789—March 25, 1868.


5.—When two Senators rise at the same time, the Pre-'
siding Officer shall name the person to speak; but in all cases
the Senator who shall rise first and address the Chair shall
speak first. [16 April; 1789-14 Feb., 1828—March 25, 1868.


CALLS TO ORDER AND APPEALS.


41;.—If any Senator, in speaking or otherwise, transgress
the rules of the Senate, the Presiding Officer shall, or any
Senator may, call to order; and when a Senator shall be
called to order by the Presiding Meer, 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 Presiding
Officer, without debate, subject to an appeal to the Senate;
and the Presiding Officer may call for the sense of the Senate
on any question of order. But when an appeal shall be taken
from the decision of the Presiding Officer, any subsequent
question of order, which may arise before the decision of such-
appeal by the Senate, shall be decided by the Presiding Offi-
cer without debate, and every appeal therefrom shall also be
decided at once, and without debate.


[16 April, 1789-14 Feb., 1828-26 June, 1856—March 25, 1368.


EXCEPTIONABLE WORDS.


7, If a Senator be called to order by another for words
spoken, the exceptionable words shall immediately be taken
down in writing, that the Presiding Officer may be better able
to judge of the matter. (16 April, 1789—March 25, 1868. .


RULES OF THE SENATE.
235


in case a less number than a quorum of the Senate shall con-
vene, they are hereby authorized to send the Sergeant-at-


. Arms, or any other person or persons by them authorized, for
any or all absent Senators, as the majority of such Senators


. present shall agree, at the expense, of such absent Senators,
respectively, unless such excuse -for non-attendance shall be
made as the Senate, when a quonun is convened, shall, judge
sufficient, and in that case the expense shall be paid out of
the contingent fluid. 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 has arrived to which
the Senate stood adjourned.


[16 April, 1759-25 June, 1798-4 Feb., 1828—March 25, 1868.


RULE FOR DEBATE.


9.—No motion shall be debated until the same shall be
seconded.


(16 April, 1789—March 25, 18613.


RULE FOR MOTIONS, DEBATE, AND WITHDRAWAL.


1 O. When a motion shall be made and seconded, it
shall be reduced to writing, if desired by the Presiding Officer,
or any Senator, delivered in at the table, and read, before the
same shall be debated; and ai motion may be withdrawn by
the mover at any time before a decision, amendment, or order-
ing of the yeas and nays, except a motion to reconsider, which
shall not be withdrawn without leave of the Senate.


• J16 April, 1789-14 Fob., 1828-21 Jan., 1851—March 25, 1868.


ABSENT SENATORS MAY BE SENT FOR.


S, No Senator shall absent himself from the servicenf
the Senate, without leave of the Senate first obtained. And




RULES OF THE SENATE. 23723G RULES OP THE SENATE.


PRECEDENCE OF MOTIONS WHEN A QUESTION IS UNDER
DEBATE.


11.--W hen a question is under debate, no motion shall
be received but


to adjourn;
to proceed to the consideration of Executive


business;
to lie 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 motions to adjourn, to prck.eed to
the consideration of Executive business, and to lie the
table, shall be decided without debate, and motions to take
up or proceed to the consideration of any question shall be
determined without debate upon the merits of the question
proposed to be considered.


(16 April, 1789-13 Jan., 1820-14 Feb., 1828—March 25, 1868.


DIVISION OF A QUESTION.
12.—If the question in debate contain several points,


any Senator may have the same divided; but, on a 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 sub-
sequent motion to strike out and insert.


[16 April, 1789-23 June, 1832—March 25, 1868.


FILLING BLANKS.


1;, In filling up blanks, the largest sum and longest
time shall be first put.


[16 April, 1789-3 Jan., 1820-14 Feb., 11328—March 25, 1866.


OBJECTION TO READING A PAPER.


14. When the reading of a paper is called for,-tind the
same is objected to by any Senator, it shall be determined by


' a vote of the Senate, and without debate.
[3 Jan., 1820-14 Feb., 1828—March 25, 1868.


UNFINISHED BUSINESS—PRIOR SPECIAL ORDER.


15. The unfinished business in which the Senate was
engaged at the last preceding adjournment shall have the pre-
ference in. the special orders of the day.


[3 Jan., 1820-14 Feb., 1828—March 23, 1868.


YEAS AND NAYS.


16.—When the yeas and nays shall be called for by one-
fifth of the Senators present, each Senator called upon shall,
unless for special reasons he be excused by the Senate, declare
openly, and without debate, his assent or dissent to the ques-
tion. In taking the yeas and nays, and upon a call of the
Senate, the names of the Senators shall be called alphabetically.


[16 April, 170—March 25, 1868.


17. When the yeas and nays shall be taken upon any
question, in pursuance of the above rule, no Senator shall be
permitted, under any circumstances whatever, to vote after
the decision is announced from the Chair.


[4 April, 1822-14 Feb., 1828—March 25, 1868.


CLOSING THE DOORS AND CLEARING THE GALLERY.


18.
—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 a Senator, require secrecy, the Presiding Officer
shall direct the gallery to be cleared; and during the discus-
sion of such motion the doors shall remain shut.


[20 Feb., 1794—March 25, 1868.




1


238
RULES OF THE SENATE.


NO PERSON ADMITTED TO PRESENT PETITION, ETC.


19.—No -motion shall be deemed in order to admit any
person whatsoever within the doors of the Senate Chamber to
present any petition, memorial, or address, or to hear any such
read. [27 April, 1798—March 25, 1868.


RECONSIDERATION.


et9.—When a question has been made and carried in the
affirmative or negative, whether previously reconsidered or
not, it shall be in order for any Senator of the majority to
move for the reconsideration thereof; but no motion for the
reconsideration of any vote shall be in order after the 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, except a- resolution con-
firming or rejecting a nomination by the President; nor shall
any motion for reconsideration be in order, unless made on the
saute day on which the vote was taken, or within the two next
days of actual session of the Senate thereafter ; but a motion
to reconsider a vote upon a. nomination shall always, if the -
resolution announcing the decision of the Senate has been sent
to the President, be accompanied by a motion requesting the
President to return the same to the Senate. When any ques-
tion may have been decided by the Senate, in which two-thirds
of the Senators present are necessary to carry the affirmative,
any Senator who votes on that side which prevailed in the
question may be at liberty to move for a reconsideration ; a-ad
a motion for reconsideration shall be decided by a majority of
votes. But no motion to reconsider a vote upon a motion to
reconsider shall be in order at any time.


(23 Feb., 1790-26 March, 1806—April 6, 1867—March 25, 1868.


CASTING VOTE OF THE VICE-PRESIDENT.


IL—When the Senate are equally , divided, the President
may announce his vote upon the question.


(18 July. 1789—March 25, 1868.


RULES OF THE SENATE. 239


QUESTION PUT BY THE PRESIDING OFFICER.


22.—All questions shall be put by the Presiding Officer
of the-Senate, either in the presence or absence of the Presi-
dent of the United States, and the Senators shall signify their
assent or dissent, by answering aye or no.


[21 Aug., 1789—March 25, 1868.


APPOINTMENT OP A SENATOR TO THE CHAIR.


23—The Presiding Officer of the Senate shall have the
right to name a Senator to perform the duties of the Chair ; but.
such substitution shall not extend beyond an adjournment.


[3 Tau., 1820—March 25, 3868.


MORNING BUSINESS, PETITIONS, REPORTS, ETC.


24.—After the journal is read, the Presiding Officer shall
lay before the Senate messages from the President, reports
from the Executive Departments, and bills and joint resolu-
tions, or other messages from the House of Representatives.
He shall then call for


Petitions and memorials;
Reports of committees;
The introduction of bills ;
Joint resolutions;
Resolutions ;


all which shall be received and disposed of in such order,
unless unanimous consent shall be otherwise given ; and every
petition or memorial, or other paper, shall be referred, of
course, without putting a question for that purpose, unless the
reference is objected to -by a Senator at the time such petition,
memorial, or other paper is presented. And before any peti-
tion or memorial, addressed to the Senate, shall be received
and read at the table, whether the same shall be introduced
by the Presiding Officer, or a Senator, a brief statement of the
contentsi tillii rt odieof cthie.


petition or memorial shall verbally be made by


118 April, 1789-10 April, 1831—March 25. 1868.




RULES OP THE SENATE. 241
FINAL QUESTIONS—REFERENCE TO COURT OF CLAIMS.


29.—Th e final question upon the second reading of every
bill, resolution, or constitutional amendment, 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 discus-
sion at a third reading of any bill, resolution, or amendment,
unless by unanimous consent of the Senators present; but it1 11
s


1
hall at all times be in order, before the final passage of any


such bill, resolution, or constitutional amendment, to move
its commitment; and should such commitment take place,
and any amendmentbe reported by the committee, the said
ill, resolution, or constitutional amendment shall be again


read a second time, and considered as in Committee of the
Whele, and then the aforesaid question shall be again put.
Whenever a private bill is under consideration, it shall be, in
order to move, as a substitute for it, a resolution of the Sen-
ate referring the case to the Court of Claims.


[4 Feb.. 1807-26 June, 1856-11arelk 25,186$.


AMENDMENTS TO APPROPRIATION BILLS.


3O. No amendment proposing additional appropria-
tions shall be received to any general appropriation'bill,sim-
less it be made to carry out the provisions of some existing
law, or some act or resolution previously passed by the Sen-
ate during that session, or moved by direction of a standing
IX' select committee of the Senate, or in pursuance of an esti-
mate from the head of some of the Departments; and no
amendment shall be received whose object is to provide for a
Oil :tate atilt, unless it be to carry out the provisions of au
eliging law or a treaty stipulation.


All amendments to general appropriation bills reported from
committees of the Senate, proposing new items of appropria-
tion, shall, one day before. they are offered, be referred to the
Committee on Appropriations, and all general appropriation
gills shall be referred to the said committee.


119 Dee., 1850-7 May, 1852-13 Jan., 1854-41 May, 1851-7 March, 1867-3lareb 125, 1868.
16


240 RULES OF THE SENATE.


NOTICE AND PRINTING OF BILLS, ETC.


.e.5.--One day's notice, at least, shall be given of an
intended motion for leave to bring in a bill or joint resolution;
and all bills and joint resolutions reported by a committee
shall, after the first reading, be printed for the use of the
Senate, and also all reports of committees, unless otherwise
ordered; but no other paper or document


shall be printed for
the use of the Senate without special order.


[16 April, 1789-3 Feb., 1801-3 Jan., i820-8 April, 1322-14 Feb., 1828—Mare
h 25, 1868.


JOINT RESOLUTIONS.


26..---Every bill and joint resolution shall receive three
readings previous to its being passed, and the Presiding
Officer shall give notice at each whether it be the first, second,•
or third; which reading shall be on three different days, unless
the Senate unanimously direct otherwise. And all resolutions
proposing amendments to the Constitution, or to which the
approbation and signature of the President may be requisite,
or which may grant money out of the contingent or any other
und, shall be treated, in all respects, iu the introduction and


form of proceeding on them, in the Senate, in a similar manner,
with bills; and all other resolutions shall lie on the table one
day for 'consideration, and also reports of committees.[March 25, 1868;


COMMITMENT OF BILLS.


No bill or joint resolution shall be committed or
amended until it shall have been twice read, after which it
may be referred to a committee.


INCOMMITTEE OF THE 'WHOLE.


28, All bills and joint resolutions OP
a second reading


shall first be considered by the Senate in the same manner aS
if the Senate were iu committee of the whole, before they slia
be taken up and proceeded on by the Senate agreeably to
standing rules, unless otherwise ordered.[21 May, 1789-26 March, 1606-3 Jan., 1820—Mareb 23. lsra


1. 16 April, 1789— 25, 180.




242
EVLES OF THE SENATE.


SPECIAL ORDERS.


of a special order, it shall be the duty of the presiding officer
to take it up, unless the unfinished business of the preceding
day shall be under consideration.


3 1 , Men the hour shall arrive for the consideration


126 June, 1856—March 23, 1868.


PRECEDENCE IN SPECIAL ORDERS.


When two or more subjects shall have been specially as-
signed for consideration, they shall take precedence according
tothe order of time at which they were severally assigned,
and such order shall at no time be lost or changed except by
the direction of the Senate.


PRECEDENCE IN SPECIAL ORDERS AND OVER GENERAL
ORDERS.


When two or more subjects shall have been assigned for
the same hour, the subject first assigned for that hour shall
take precedence; but special orders shall always have p0::
cedence of general orders, unless such special orders shall
postponed by direction of the Senate. [26 June, 1856—March 25, 1868.


TWO-THIRDS REQUIRED TO MAKE A SPECIAL ORDER.


No bill, joint resolution, or other subject shall be made a
special order for a particular day and hour AN,ithou• the On-
currence of two-thirds of the Senators present.[13 jauuary, 1862—March 25, 1868.


MAKING UP THE JOURVL• •


3e,
The titles of bills and joint resolutions, and such


parts thereof
only as shall be affected by proposed amend


cents, shall be inserted on the journal.
[12 March, 1792—March 25,180.


RULES OP THE SENATE. 243


33. The proceedings of the Senate shall be entered on
(he journal as concisely as possible, care being taken to detail


Y a true and accurate account of the proceedings; but ey,ery vote
of the Senate shall be entered on the journal, and a brief state-
ment of the contents of each petition, memorial, or paper, pre-
sented to the Senate, shall also be inserted on the journal.


[19 May, 1789-12 March, 1792-14 Feb., 1828—March 25, 1868.


STANDING COMMITTEES.


34.—The following standing committees shall be ap-
ip.ointed at the commencement of each session, with leave to


'71116port by bill or otherwise:
[5 March, 1857—March 25, 1868.


A Committee on Foreign Relations, to consist of seven Sen-
ators.


(16 Dec., 1816-5 March, 1857—March 25, 1868.


A Committee on Finance, to consist of seven Senators.
(10 Dec., 1810-5 March, 1857—March 25, 1868.


A Committee on Appropriations, to consist of seven Sen-
ators.


[6 March, 1867—March 25, 1868.


A Committee on Commerce, to consist of seven Senators.
(10 Dec., 1816-7 Dee., 1825-5 March, 1857—March 25, 1868.


A Committee on Manufactures, to consist of five Senators.
(10 Feb., 1864—March 25, 1868.


A Committee on Agriculture, to consist of five Senators.
[6 March, 1863—March 25, 1868.


A Committee on Military Affairs, to consist of seven Senators.(10 Dec., 1816-5 March, 1857—March 25, 1868.
A Committee on Naval Affairs, to consist of seven Senators.


fio Dec., 1816-5 March, 1857—March 25, 1868.
Afounnittee on the Judiciary, to consist of seven Senators.


(10 Doe., 181G-5 March, 1857—March 25, 1868.


[26 Juno, 1856—March 25, 1868.




244 RULES OF THE SENATE.


A Committee on Post Offices and Post Roads, to . consist of
seven Senators. [10 Dcc., 1816-5 March, 1857—March 25, 1868.


A Committee ou Public Lands, to consist of seven Senators.
[10 Dec., 1816-5 March, 1857—March 25, 1868.




A Committee on Private Land Claims, to consist of five
Senators.


[28 Dec., 1832-5 March, 1857—March 25, 1868.


A Committee on Claims, to consist of seven Senators.
(10 Dcc., 1816-5 March, 1857-26 Jan., 1860—March 25, 1868.


A Committee on the District of Columbia, to consist of seven


[18 Dec., 1816-5 March, 1857—March 25, 1868.


A Committee on Patents, to consist of five Senators.
[7 Sept., 1E37-5 March, 1857—March 25, 1868.


A Committee on Public Buildings and Grounds, to consist
of five Senators, who shall have power also to act jointly wit,
the same committee of the House of Pepresentatives.


[16 Dcc., 1819-19 Dec., 1837-28 May, 1850-5 March, 1857—March 25, 1868.


A Committee on Territories, to consist of seven-Senators.
[25 March, 1814-5 March, 1857—March 25, 1868.


A Committee on the Pacific Railroad, to consist of nine
Senators.


[8 March, 18655-March 25, 1868•


„RULES OF THE SENATE.
245


A Committee to Audit and Control the Contingent Ex-
penses of the Senate, to consist of three Senators, to which
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..
[4 Nov., 1807-7 April, 1853-5 March, 1857—March 25, 1868.


A Committee on Printing, to consist of three Senators, to
whom shall be referred every question on the printing of docu-
ments, reports, or other matters transmitted by either of the
executive Departments, and all memorials, petitions, accom-
panying documents, together with all other matter the print-
ing of which shall be moved, excepting bills originating in
Congress, resolutions offered by any Senator, communications
from the Legislatures or Conventions lawfully called of the
respective States, and motions to print by order of the stand-
ing committees' of the Senate; motions to print additional
numbers shall likewise be referred to said committee ; and
when the report shall be in favor of printing additional num!
bers, it shall be accompanied by an estimate of the probable
cost ; the said committee shall also supervise and direct the
procuring of maps and drawings accompanying documents
ordered to be printed.


[15 Dec., 1841-18 Dec., 1850-22 Jan., 1855-5 March, 1857—March 25, 1868.


A Committee on Engrossed Bills, to consist of three Sena-
tors, whose duty it shall be to examine all bills, amendments,
and resolutions, 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.


[3 Jan., 1820—March 25, 1868.
• A Committee on Enrolled Bills, to consist of three Senators,
who, or some one of whom, shall forthwith present all enrolled
Senate bills to the President in person, for his signature, and
report the fact and date of such presentation to the Senate.


[6 Aug., 1789-5 March, 1857—March 25, 1868.


[10 Dcc., 1816-5 March, 1857—March 25, 1868.


A Committee on Revolutionary Claims, to consist of five
Senators.


[27 Dee., 1826-5 March, 1857—March 25, 1868.


A Committee on Indian Affairs, to consist of seven Senators.
[3 Jan., 1820-5 March, 1857—March 25,


18


A Committee on Pensions, to consist of seven Senators..


Senators.


(22 December, 1863—March 25, 1868.


A Committee on Mines and Mining, to consist of seven
Senators.




246 . RULES OF THE SENATE.
APPOINTMENT OF COMMITTEES.


35.—In the appointment of the standing committees, the
Senate shall proceed, by ballot, to appoint severally the chair-
man 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, but a plurality
of votes shall elect the other members thereof. All other
committees shall be appointed by ballot, and a plurality of
votes shall make a choice.


(3 Jan., 1820-9 Deo., 1826-14 Feb., 1828—March 25, 1868.
REFERENCE TO STANDING OR SELECT COMMITTEES.


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 be
first put.


EXECUTIVE BUSINESS—PROCEEDINGS ON NOMINATIONS.


37.—When nominations shall be made by the President
of the United States to the Senate, they shall, unless other-
wise ordered by the Senate, be referrred to appropriate com-
mittees; and the final question on every Domination shall be,
"Will the Senate advise and consent to this nomination V'
which question shall not be put on the same day on which
the Domination is received, nor on the day on which it may be
reported by a committee, unless by the unanimous consent of
the Senate. Nominations neither approved nor rejected during
the session at which they are made shall not be acted upon at
any succeeding session without being again made by the Presi-
dent; and if the Senate shall adjourn or take a recess for more
than thirty days, all nominations pending and not finally acted
upon at the time of taking such adjournment or recess shall
be returned to the President, and shall' not be afterwards
acted upon, unless again submitted to the Senate by the Presi-


RULES OF THE SENATE.
247


dent; and all motions pending to reconsider a vote upon a
nomination shall fall on such adjournment or recess ; and the
Secretary of the Senate shall thereupon make out and,furnish
to the heads of Departments and other officers the list of nomi-


' nations rejected or not confirmed, as required by law. When
theTresident of the United States shall meet the Senate in
the Senate Chamber for the consideration of executive busi-
ness, the Presiding Officer of the Senate shall have a chair on
the floor, be considered as the head of the


.
Senate, and his


chair shall be assigned to the President of the United States.
When the Senate shall be convened by the President of the
United States to any other place, the Presiding Officer of the
Senate and the Senators shall attend at the place appointed,
with the necessary officers of the Senate.


[21 Aug., 1789-18 Feb., 1843—March 25, 1868.


PROCEEDINGS ON TREATIES.


38.—When a treaty shall be laid before the Senate for
ratification, it shall be read a first time, when no motion in
respect to it shall be in order except to refer it to a com-
mittee or to print it in confidence for the use of the Senate.
Its second reading shall be for consideration, and shall be on
a subsequent day, when it shall be taken up as in Committee
of the Whole and be considered by articles, when amendments
may be proposed ; but when amendments are reported by a
Committee they shall be first acted on, after which other
amendments may be proposed ; and when through, the whole
proceeding had as in Committee of the Whole shall be re-
ported to the Senate, when the question shall be, if the treaty
be amended, " Will the Senate concur in the amendments
made in Committee of the Whole" and the amendments
may be taken separately or in gross, as the Senate may elect,
after which new amendments may be proposed. Tile decis-
Jons thus made shall be reduced to the form of a resolution of
ratification, with or without amendments, as the case may be,
Which shall be proposed on a subsequent day, unless by unani-
mous consent the Senate determine otherwise, when every


[14 Fob., 1828—March 2.5, 1868.




248 RULES OF THE SENATE.


which shall be proposed and taken as in the case of amend-
one shall again be free to move amendments, the question on


ments to the article. And on the. final question to advise and
consent to the ratification in the form agreed to, the concur-
rence of two-thirds of the Senators present shall be requisite
to determine it in the affirmative, but all other motions and
questions thereon shall be decided by a majority vote:


[6 Jan., 1801—March 25, 18e


MATTERS CONFIDENTIAL• AND SECRET.


39.—All confidential communications made by the Presi-
dent of the United States to the Senate shall be by the Senators
and the Officers of the Senate kept secret, and all treaties
which may be laid before the Senate, and all remarks and
proceedings thereon, shall also be kept secret until the
Senate shall, by their resolution, take off the injunction of
secrecy.


[22 Dec., 1800-3 Jan., 1820—March 1868.


SECRECY OF REMARKS ON NOMINATIONS.


40, All information or remarks concerning the char-
acter or qualifications of any person nominated by the Presi-
dent to office shall be kept a secret; but the fact that a none
nation has been made shall not be regarded as a secret.


[3 Jan., 1820—March 25, 1868.


CLEARING OF THE SENATE.


411.—When acting on confidential or executive business,
the. Chamber shall be cleared of all persons except the Secre-
tary of the Senate, the principal or executive clerk, the Ser-
geant-at-arms and Doorkeeper, the assistant doorkeeper, and
such other officers as the Presiding Officer shall think neces-
sary; and all such officers shall be sworn to secrecy.


[3 Jan., 1820—March 25, 1868.


SEPARATE BOOKS TO BE K'EPT.


42. The legislative proceedings, the executive proceed
ings, and the confidential legislative proceedings of the Senate,
shall be kept in separate books.


[19 May, 1789-15 Apr11, 1828—March 25, 1868.


RULES OF TIIE SENATE. 249


EXECUTIVE PROCEEDINGS FURNISHED TO THE PRESIDENT.


43. Nominations approved or definitely acted on bythe
Senate shall not be returned bythe Secretary of the Senate to
the President until the expiration of the time limited for
making a motion to reconsider the same, or while a motion to
reconsider is pending, unless otherwise ordered by the Senate.
The President of the United States shall, from time to time, be
furnished with an authenticated transcript of the executive
records of the Senate, but no further extract from the execu-
tive journal shall be furnished, except by special order ; and
no paper, except original treaties, transmitted to the Senate
by the President of the United States, or any executive officer,
shall be returned or delivered from the office of the Secretary
of the Senate, without an order of the Senate for that pur-
pose.


[27 Jan., 1792-27 March,1818-5 Jan., 1829-6 April, 1867—March 25, 1868.


PROCEEDINGS ON AMENDMENTS TO THE CONSTITUTION.


44.—When an amendment to be proposed to the Consti-
tution is under consideration, the concurrence of two-thirds of
the Senators present shall not be requisite to decide any ques-
tion for amendments, or extending to the merits, being short
of the final question.


[26 March, 1806—March 25, 1868.


MESSAGES TO THE HOUSE OF REPRESENTATIVES.


X15: Messages shall be sent to the House of Represent-
atives by the Secretary, who shall previously indorse the final
determination of the Senate upon bills and other papers com-
municated.


126 March, 1806—March 25, 1868.


MESSENGERS INTRODUCED.


46. Messengers may be introduced in any state of busi-
ness, except while a question is putting, while the yeas and
nays are calling, or while the ballots are counting.


.[26 March, 1806—March 25, 1868.




PERSONS ADMITTED ON FLOOR.


4 7. No person shall be admitted to the floor of the
Senate, while in session, except as follows, viz : The officers of
the Senate, members of the House of Representatives and
their Clerk, the President of the United States and his private
secretary, the heads of Departments, ministers of the United
States and foreign ministers, ex-Presidents and ex-Vice-Presi-
dents of the United States, ex-Senators, Senators elect, judges
of the Supreme Court, and Governors of States and Territo-
ries.
[17 March, 1853-23 Jan., 1854-24 Jan.. 1854-6 March, 1856-11 Jan., 1859-7 Feb., 1862—


March 25, 1868.


REGULATION OF SENATE WING OF THE CAPITOL.


48.—The Presiding Officer of the Senate shall have the
regulation and control of such parts of the Capitol, and of its
passages, as are or may be set apart for the use of the Senate
and its officers.


[22 Jan., 1824-14 Feb., 1828—March 25, 1868.


RESTRICTION OF PRESENTING REJECTED CLAIMS.


49. Whenever a claim is presented to the Senate and
referred to a committee, and the committee report that the
claim ought not to be allowed, and the report be adopted by
the Senate, it shall not be in order to move to take the papers
from the files for the purpose of referring them at a. subsequent
session, unless the claimant shall present a memorial for that
purpose, stating in what respect the committee have erred in
their report, or that new evidence has been discovered since
the report, and setting forth the new evidence in the memorial.


(25 Jan., 1842-21 Dee., 1842—March 25, 1868.


PENALTIES FOR VIOLATING CONFIDENCE OF SENATE.


50.—Any Senator or officer of the Senate who shall dis-
close the secret or confidential business or proceedings of the
Senate shall be liable, if a Senator, to suffer expulsion from
the body, and if an officer, to dismissal from the service of
the Senate, and to punishment for contempt.


(10 May, 1844—March 25, 1868.


OATHS OF OFFICE.


.—The oaths or affirmations prescribed by the'Consti-
. tution and by the act of Congress of July 2, 1862, to be taken
and subscribed before entering upon the duties of office, shall
be taken and subscribed by every Senator in open Senate
before entering upon his duties. They shall also be taken and
subscribed in the same way by the Secretary of the Senate;
but the other officers of the Senate may take and subscribe
them in the office of the Secretary.


[25 Jan., 1864—March 25, 1868.


BUSINESS CONTINUED FROM SESSION TO SESSION.


52. At the second or any subsequent session of a Con-
gress, the legislative business of the Senate which remains
undetermined at the close of the next preceding session of that
Congress shall be resumed and proceeded with in the same
manner as if no adjournment of the Senate had taken place ;
and all subjects referred to committees, and not reported upon
at the close of a session of Congress, shall be returned to the
office of the Secretary of the Senate, and be by him retained
until the next succeeding session of that Congress, when they
shall be returned to the several committees to which they had
been previously referred.




(March 25, 1868.


SUSPENSION AND AMENDMENT OF RULES.


53.—No motion to suspend, modify, or amend the rules,
or any thereof, shall be in order, except on one days notice in
writing, specifying the rule to be suspended, modified, or
amended, and the purpose thereof. But any rule may be sus-
pended by unanimous consent, except the seventeenth rule,
which shall never be suspended.


A motion to suspend, or to concur in a resolution of the
Rouse of' Representatives to suspend, the 16th and 17th joint
rules, or either of them, shall always be in order, be immedi-
ately considered, and be decided without debate.
[ 1 6 April, 1789-26 March, 1806-3 Jan.,1820-21 Feb., 1828-7 May, 1852—March 25, 1868.


RULES OF THE SENATE.
251250 RULES OF THE SENATE.




ANALYTICAL INDEX


TO


THE STANDING RULES OF THE SENATE.


A.


ABSENT himself from Senate without leave first obtained. No member shall 0
ABSENT members may be sent for, by less than a quorum: at the expense of such X°'


members, unless excused, and then paid out of the contingent fund
ADDITIONAL numbers of documents to be referred to the Committee on Printing. Mo


tions to print
ADDRESS, or hear any such read. No person shall be admitted to present any petition,


memorial, or 19
AnJoutlx, &c. When a question is under debate no motion shall be received but to 11
ADJOURNMENT Shall always be in order, and shall be decided without debate. The


motion for 11
ADJOURNMENT. The substitution of u member to fill the chair shall not extend


beyond an 23
ADJOURNMENTS. Special orders not to lose their position on the calendar on account


of intervening 31
ADMIT any person in Senate to present a petition, &c., &c. No motion in order to 19
ADMITTED on the floor of the Senate. Description of persons (and none others) who


shall be


47
AGRICULTURE, to consist of five members. A standing Committee on 34
ALPHARETICALT,Y. In taking the yeas and nays, or on a call of the House, the names


of the members taken 10
AmExn. When a. question is under debate no motion shall be received but to adjourn,


to lie on the table, to postpone indefinitely, to postpone to a day certain, to coin
mit, or to 11


AMENDED until twice read, &c, No bill shall be 27
AMENDMENT. Any motion may be withdrawn before 10
AMENDMENTS containing several points maybe divided; but a motion to strike out and


insert shall not bp divided. The rejection of a motion to strike out and insert one
proposition shall not prevent a motion to strike out and insert a difibrent proposi.




lion, nor a motion simply to strike out, nor another motion to strike out and insert. 2
AMEND the rules. One day's notice of a motion required to 53
AMENDMENTS to the Constitution same as on bills, &e. The proceedings on 20
'AMENDMENT. No amendment shall be received for discussion at a third reading cf


any bill, &e., unless by unanimous consent; but such bill, &e., may be referred to
raccomnstzdom ittee, sel &ilcioaene


Rule)
be reported, the bill, &c., shall again be
d a


29
16*




I


13


.13


254 INDEX TO STANDING RULES OF SENATE.
No.


AMENDMENT shall be, "Whether it shall be engrossed and read a third time ?" The
final question on the second reading of any constitutional


AMENDMENT proposing additional appropriations shall not be received to any general
appropriation bill, unless to carry , out an existing law, or act, or resolution of the
Senate previously passed during that session, or moved by a standing or select
committee, or in pursuance of an estimate from the head of some of the depart-
merits; and no amendment shall be received to provide for a private claim, unless
it be to carry out an existing law or treaty stipulation


AMENDMENTS to general appropriation bills, proposing new items of appropriation,
shall, one day before they are offered, be referred to the Committee on Appropri-
ations




AMENDMENTS shall be inserted on the journals. The titles of bills and parts affected by
AMENDMENTS to treaties. Forms of questions and proceedings on
AMENDMENT to be proposed to the Constitution is under consideration, the concurrence




of two-thirds of the members present shall not be requisite to decide any ques-
tion for amendments, or extending to the merits, being short of the final question.
When an


APPEAL to the Senate. Every question of order shall be decided by the President,
without debate, subject to an


APPOINTMENT of all the committees (except the chairman of standing committees) a
Plurality of votes shall make a choice. In the


APPOINTMENT of standing committees the Senate will proceed, by ballot, severally to
appoint the .chairman of each committee, and then, by one ballot, the other mem-
bers necessary to complete tho 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. In the


APPOINTMENTS. Executive, &c. (See Nominations.)
APPROPRIATION bill. Restrictions upon amendments to any general, (see Amendment


APPROPRIATIONS to consist of seven members. A standing Committee on 34


ASSIGNMENT of special orders according to the order of time for which they were
assigned, and at which they were assigned, and over general orders 31


ATTENDANCE of members required and absent members sent for, &e
AUDIT and Control the Contingent Expenses of the Senate, to consist of three mem-


bers, to whom shall he referred all resolutions directing the payment of money out
of the contingent fund of the Senate, or creating a charge on the...mune. Standing
Committee to


AYE or No. The President of theSennte shall put all questions, and the members
shall answer


BALLOT, &c. All standing and other committees shall be appointed by
35


BALLOTS are being counted, &c. Messengers are introduced in any state of business, 46
except while the


Bur., resolution, &c., has gone out of possession of the Senate. No motion for recon-
sideration shall be in order after a


BILL. One day's notice shall be given for asking leave to introduce a


BILLS reported by a committe shall, after first-reading, be printed
BILL, shall receive three readings before being passed. Each


INDEX TO STANDING RULES OF SENATE.
255


No.
BILL., which readings shall be on different days, unless Senate unanimously direct


otherwise. The President shall give notice at first, second, and third reading of
BILLesa?All resolutions requiring the signature of the President, or granting money 26


out-of contingent or other fund, shall be treated as


26
BILL shall be committed or amended until it shall have been twice read, after which


it may be committed. No
27


BILLS on a second rending shall first be considered as in Committee of the Whole
before being considered in Senate, unless otherwise ordered. All




28
BILL. in Committee of the Whole, the Vice-President, or President pro Impose, may


call a member to fill the chair, &c. When the Senate shall consider a


28
Btu originating in the Senate shall be, "Whether it shall be engrossed and read a


third time?" The final question on the second reading of every


29
Btu, unless by unanimous consent of the members present. No amendment shall be


received for discussion at the third reading of any


29
BILL, to move its commitment. It shall at all times be in order, before the final pass-


age of any
29


BILLS reported with any amendment., after such commitment, dual be again read a
second time and considered as in Committee of the Whole, and then the question
shall again be put, "Whether it shall be engrossed and read a third time?"




29
TILL is under consideration, it shall be in order to move, as a substitute for it, a reso-


lution of the Senate referring the case to the Court of Claims. Whenever a private 29
ILL, unless to carry out the provisions of some existing law, or act, or resolution


previously passed by the Senate, during that session, or moved by direction of a
standing or select committee of the Senate, or in pursuance of au estimate from
the head of sew of the departments; and no amendment shall be received whose
object is to provide for a private claim, unless it be to carry out the provisions of
an existing law or a treaty stipulation. No amendment proposing additional
appropriations shall be received to any general appropriation




30
itts and such parts only as shall be affected by proposed amendments shall be inserted


on the journals. The titles of


32
D.t, or otherwise. The standing committees of the Senate shall be appointed at the


commencement of each session, with leave to report by


Dais, to consist of three members, whose duty it shall ho to examine all bills, &c
,


before they go out of the possession of the Senate, and deliver same to Secretary
of the Senate, to be entered on the journal as correctly engrossed. A Committee
on Engrossed


ILLS to be printed without being referred to the Committee on Printing


ILLS, to consist of three members. A Committee on Enrolled


LANN:s the largest sum and longest time shall be first put. In filling


00Ks (or journals.) The legislative proceedings, the executive proceedings, and the
eo:thud:rid legislative proceedings of the Senate, shall be kept in separate and


US/NESS of Senate not to be interrupted by talking, reading newspapers, or otherwise. 2
*muss at preceding adjournment shall have preference in the special orders of the


day. The unfinished


BusrxEss requiring secrecy the doors shall be shut, &e. On the discussion of


'Thismtss in the Senate. Order of morning


BUSINESS except while a question is being put, while the yeas and nays aro being
called, or while the ballots aro being counted. Messengers aro introduced in any
state of the


BUSINESS to be continued from session to session of a Congress


52


29


30


30
32
38


44


6


35


35


30


34


22


*-4
25
25


2C


34
34 .
34
13


42


15
18
24


96




25d INDEX TO STANDING RULES OF SENATE.


C. No.


CALENDAR on account of intervening adjournments. Special orders not to lose their
Position on the


CALL of the House, the names taken alphabetically. Upon a
CArrrot, and of its passages, as are or may be set apart for the use of the Senate and


its officers. The Presiding Officer of the Senate shall have the regulation of such
parts of the


CASTING vote. When the Senate are equally divided the President shall give the




CHAIR, and, a quorum being present, the business proceeds. The President takes the


CHAIR. Every member, when he speaks, shall address the


CHAIR. Every member, rising to speak, shall address the
CHAIR shall speak first. the Chair to name the member. The member who shall first


rise and address the 5
CHAIR shall, or a member may, call to order when rules are transgressed. The


6


CHAIR no member shall be permitted to vote. When the decision shall be announced
17


by the
CHAIR, but such substitution shall not extend beyond an adjournment. The Viee-


President, or President pro tempore, shall have the right to name a member to
perform the duties of the 23


Clime during the time the Senate shall remain in Committee of the Whole ; and the
chairman so called shall, during such time, have the powers fu a President pro


tempore. When the Senate shall consider a treaty, bill, or e resoltion, as in Com
o


mittee of the. Whole, the Vies-President, or President pro tempore, may call a


member to fill the 28


CHAIR to take up such.special order, and it shall be considered unless postponed by a
vote of the Senate. When the hour has arrived for the consideration of a special
order it shall be the duty of the


;1


CHAIRMAN of the Committee of the Whole shall, during the time of remaining in such
committee, have the powers of a President pro tempore. The 28


CH:ORMAN of each standing committee, the Senate shall proceed by ballot, and a
majority of the whole munber of votes given shall be necessary to a choice. In
the appointment of the


33


CHARACTER or qualification of any person nominated by the President to office shall
be kept secret. All information or remarks touching or concerning the 40


CLAIMS in appropriation bills. Restrictions upon amendments providing for private,. 30
CLAIMS to consist of five members. A standing committee on


34


CLAIMS reported against and rejected. Restriction on the presentation of 49
CLAIM is presented to the Senate and referred to a committee, hnd the committee


report that the claim ought not to be allowed, and the report be adopted by the
Senate, it shall not be hi order to move to take,the papers from the files for the
purpose of referring them at subsequent sessions, unless 1,he claimants shall pre.
sent a memorial for that purpose, stating in what manner the committee have
erred in their report, or that'ncw evidence has been discovered since the report,
and setting forth, the new evidence in the memorial: Provided, That this rule shall
not extend to any case where an adverse reports not ill writing, shall. have been 49
made prior to January 25, 1842. Whenever




COMMERCE, to consist of seven members. A standing committee on
34




COMMITTEES of the Senate. Appointment of, (see Standing Committees—see Rule).


34.


COMMITTEES. (See Reports of.)
COMMITTEES, (except the chairman of standing committees, who shall be appointed by


a majority,) a plurality of votes shall make a choice. In the appointment by bal 35
lot of all of the


31
16


48
21


1
3
3


INDEX TO STANDING RULES OF SENATE. 257


COMMITTEE
shall first be put. When motions are made for reference of the same sub-ject to a, select committee, and to a standing committee, the question on reference


to the standing


36COMMITTEE, any other subject or matter of a similar nature may, on motion, be referred
to such committee. When any subject or matter shall have been referred to a




35COmmrrrEn or amended u n til twice read, after which it may be referred tea commit-tee. No bill shall be


27COMMIT= to be printed after first reading. All bills reported by a
" 25Communes to be called for in morning business after petitions, &c. Reports of


- o o
standing


tng 24to amend, &c., &c. When a question is under debate, no motion shall be
received but to adjourn, or to


11Commrree have erred in their report, or that now evidence has been discovered. Not
in order to move to refer a claim which has been reported upon adversely and
rejected, unless it can be shown that the




49




COmmitTEEs shall lie on the table one day for consideration.- All reports of


20
COMMITTEE of the Senate may be received to a general appropriation bill. An amend-


. ment moved by a standing or select
30Comm• of the Whole, before being considered in the Senate, unless otherwise


ordered. All bills on a second reading shall first be considered by the Senate as a. 28.
CommirrEE of the Whole, the Vice-President, or President pro tem., may call a mem-


ber to fill the chair during the time it shall remain in Committee of the Whole,
and the chairman so called shall, during such time, have the powers of a Presi-
dent pro tempore. When the Senate shall consider a treaty, bill, or resolution,
as in


28Comma: of the Whole. Should a bill on third reading be committed and reported
with au amendment,. it shall again be read' a second time and considered in




COMMITTEE of the Whole. The second reading of a treaty shall be for consideration




on a subsequent day in
38CommiTTEE of the Whole to be entered on the journal, but every vote of the Senate


shall be entered on the journal. The proceedings of the Senate when not acting
as in


33COMMITMENT. It shall always be in order, before the final passage of any bill, &e.,
&c., to move its
29COMMITMENT take place, and the committee report an amendment, the bill, &c., shall


again be read a second time, &e. And should. such


29CommuNteAnoNs from the President to be kept secret, &c. Confidential


30CONCURiu a resolution to suspend the lath and 17th joint, rules shall always be in
order, immediately considered, and decided without debate. A motion to




53riDEN
• IAL business, &c., the President shall direct the gallery to be cleared. On


motion made and seconded to shut the doors on the discussion of


18CONn utxTIAL or executive business, the Senate shall be cleared of all persons except
the Secretary, the principal or executive clerk, the sergeant-at-arms. and door-7seoper and the assistant doorkeeper. When acting on




41:•11)11AL commtnications made by the President of the United States to the
shall be by the members thereof kept secret; and all treaties which may


1 before the Senate shall also he kept secret until the Senate shall, by theirty
solution, take, off the injnnetion of secrecy. All


39CON
FID•Nce of the Senate. Penalty of an officer or member for violating the




50
CoNmENTRI. legislative proceedings of the Senate shall be kept in separate and dis-


tine! hooks. 'She legislative proceedings, the executive proceedings, and the


4217


No.




1n.'0.


CONSENT.
Bills may be read more than once on the same day by unanimous




26


CONSENT. N
o m i n tio n s may be considered the same day, when received by unani-


moos


37


CONSIDERATION,
and. also reports of committees. All resolutions (not joint) shall lie


on the table one day for
26


CONSIDERATION
of a special order, it shall be the ditty of the Chair to take it up.


When the time has arrived for the .............................................. 31
CoNsuntagrioN, they shall take precedence according to the order of time at which


he were severally assined. When two or more subjects shall have been spec-
ially


y
assigned for ....... g


.........................................................




31
t


CONSIDERATION.
When nomitiations shall be mad in writing by the President of the


United States to the Senate, a future day shall be assigned, unless the Senate
unanimously direct otherwise, for taking them into ............................. 37


CoNsmEnaTiox in Committee of the Whole and on a
subsequent day. The second.


reading
of a treaty shall be for ... . .............................................. 38


CONSIDERATION,
the concurrence of two-thirds, &c., shall not bo reqnisite, except on


the final question.
hen an amendment to the Constitution is under .......... 44


CONSIDEICED
in Committee of the Whole, unless otherwise ordered. All bills on sec•


and reading shall be .............. , .............................................. 28


CONSIDERED
as in Committee of the Whole. Should a bill on third reading be com-


mitted, as an amendment reported, it shall be again read a second time
and 20 •


CONSIDERED,
and decided without debate. A motion to suspend the 16th and 17th


joint rules shall always be in order, immediately
53


CONSTITUTION
same as on bills, &c. Proceedings on funmahnents to the




26


o S•rrruTioNAL amendments shall be, " Whether it shall be engrossed aud read a
third time." The final question on the second reading of an


y 29


CoNsTrorrioN is under consideration, the concurrence of two-thirds of the members
Present shall not be requisite to decide any question for amendments, or extend-


ing to the merits .......
, being short of the final question. When au amendment to be


proposed to the ........................................................... 44


CONTINGENT fond, if excused by


8the Senate. The expenses of sending fora
bsent


senators shall be paid oat of the.
................................................


CoNnsourr or any other fund shall be treated as bills, &c. All resolutions, &c.,


granting money oat of that
...................................................... 26


CONTINGENT fund of the Senate, or creating a charge on the saute. The standing
Committee to Audit and Control the Contingent Expenses of the Senate, to con-


rint-
4


sist of three members, to whom shall be referred all resolations directing the
payment of money out of the .......................... ''' .......................


3.1


CONTiNuxrioN of the legislative business of the Senate from session to session of a
Congress ............................................ , .......... , ................ 52


CONVENED
by the President of the United States to any other place, the President of


the Senate and senators shall attend at the plate appointed, &c.


..


Whey the Sen- 37


ate shall b. ..-.....-.led
CONVENTIONS


lawfully called of Om States, not referred to the Committee on P
ing. Motions to print documents front legislatures or.




• ... 3


ON
tEmE


TI
n.


VERSAON
Tho
betwjee


ourna
n m


l
embers


read at
not allowed to inte


commencementrof
rupt day


each
the business of the Sen en




ate. • 9,
Cot's s s i n, to the d 1


that mistakes may bo


mo




ve a


Whenever
........


it ................ . .
the ............................. . . .. •


Claims.
a private bill is under consideration, it shall be in order


to of


s a subtitsute for a resolution of


Senate referring the case to the•
C




%.1


DEBATE shall not be interrupted by talking, reading newspapers, S:c
DEBATE. No member shall interrupt another when speaking in




DEBATE shall stand in his place and address the Chair, and when finished shall sit
down: Every member speaking in




3
DEnArn, on same day, without lave of Senate. No member shall speak more than


twice in any ono


4
DEBATE shall speak first. The member first rising in




5
DEBATE, subject to an appeal to the Senate. Questions of order decided by the Pres-


ident without


6
DEBATE, they shall be taken down in writing, that the President may judge. When


exceptionable Words are spoken in


7
DEBATE contains several points, it may be divided, &e. If a question in


12
DEBATE at a third reading, unless by unanimous consent. No amendment received


for discussion or
29


DEBATE. When the yeas and nays are called, each member shall answer without
IC


DEBATE on the merits of the question on a motion to take up a subject not allowed


DEBATE shall transgress the rules ho shall be called to order. If any member in
6


DEBATE no motion shall be received but to adjourn, &c., ev.e. When a question is
under


11
DEBATE. A motion for adjournment shall always bo in order, and shall be determined


without


11
DEBATE. When the reading of a paper is called for and objected to, it shall be deter-


mined by a vote of the Senate and without


14
DEBATE. A motion to suspend the 16th and 17th joint rules always in order, immedi-


ately considered, and decided without


53
DEBATE ombusiness requiring secrecy, the doors shall be shut. On a


18
DEBATED until seconded. No motion shall be


9
DEBATED. Motions seconded, reduced to writing it' desired, delivered in at:table, and


road before being


10
DECISION. Any motion may be withdrawn before a


10
DECISION is announced from the Chair, no member shall be perinitted to vote. When


the
17


DECISION of the President. When the Senate are equally divided, the Secretary
shall take the


21
DEPARTMENT may be received to a general appropriation bill. An amendment in


Pursuance of an estimate from the head of some executive


30
DEPARTMENTS to be referred to the Committee on Printing. Motions to print dem-


ments from the executive


34
DISTRICT of Columbia, to consist of seven members. A standing Committee on the


31
ThscussioN. (See Debate.)
DIVIDED. A question containing several points may be 12
DIVIDED, &c. A motion to strike out and insert shall not be


12
DIVIDED, the Secretary shall take the decision of the President When the Senate


are equally


21D
ocurssr shall be printed for the Senate without special order, except a bill reported


by a committee. No paper or


23Doc
umErrs, reports, &c., the printing of which shall be moved, shall be referred to
the Committee on Printing, (with exceptions as stated in rule.) (See Rule.) 34DOORS, on discussion of business requiring secrecy in the opinion of a member, the
President shall order the gallery to be cleared, and the doors shall remain shut
during the discussion. On a motion made and seconded to shut the




18


258
INDEX TO STANDING RULES OF SENATE.


No.
2


INDEX TO STAJNDING RULES OF SENATE. 259




40


39
12
12


53


260 INDEX TO STANDING RULES' OF SENATE.


INDEX TO STANDING RULES OF SENATE. 261
No.


Doons of the Senato to present a petition, &c. No motion in order to admit any per-
son within the


19
Doons of the Senate chamber. Description of persons (and none others) who shall


be admitted on the floor of or within the 47


DRAWINGS ordered to be printed shall be directed andproctued by the Committee op
Printing. Maps and


34


E.


ENGROSSED and read a third time." The filial question on the second reading of every.
bill, &e., shall be " Whether it shall be 20


Exonos,sno 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 standing


34
Committee on


ENROLLED Bills, to consist of three members. •.& standing Committee
on 34


EQUALLY divided, the Secretary shall take the decision of the Presideut. When the
Senate are


21
Ennons or mistakes may be corrected. Journal read daily, to end that any i


ESTIMATE from the head of a department may be received to a general appropriation
bill. An amendment in pursuance of an


ao


ESTIMATE of the probable oast. Reports from the Committee on Printing in favor of
printing additional numbers a any document shall be accompanied by au .




34
EXAMINED by the committee of the Senate on. Engrossed bills of the Senate 34


EXCEPTIONABLE words used by a senator, if called to, order, shall be taken down in,
writing 7..


. .


EXCUSE for non•atteudance to be made by members, sent for, or they shall pay the,


.


a


expenses
EXCUSED from voting. For special reason a member may. be:.


, , id.


EXECUTIVE departments, to be referred to the Committee on Printing: Motions to,
print documents from


34
EXECUTIVE business to be decided without debate. Motion to proceed to the cousid•


oration of
, 11


EXECUTIVE. business, the President shall direct the gallery to be cleared, and during
the discussion of such motion the doers shall remain shut. On a motieu mode and


seconded to shut the doors on the diseossiou of any business which may, in the
opinion of a member, require secrecy, or on confidential et


18


Execurtvs business. Action of the Senate on nominations and
3't


EXECUTIVE business. Action of the Senate on treaties. and
38 •


n
.fft.EXECUTIVE business. Secrecy enjoined ou. confide au :enjoined


EXECUTIVE business. Secrecy enjoined respecting information or remarks relative to:
the character, &c., of persona nominated by the President, being . .


40


Execunvn business, the Senate shall be cleared of all persons, except the Secretary
of the Senate, the principal or the executive clerk, the sergeant-et-arms, and.
doorkeeper and assistant doorkeeper. When acting on confidential or ......... .


41
41


EXECUTIVE clerk admitted in secret session,
EXECUTIVE proceedings, and the confidential legislative proceedings shall be


kept in


separate and distinct books. The legislative proceedings, the .... , ... . ......... . . . . ,. •a


ExEctrri eve. records of thSenatO, bet no further extracts:from the executive
Journat


shall be furnished except by special order. The President,of -the Vnitol ,: t:3


shall, front time. to time, be foruielted with an authenticated ,: .anseript et'il ,• • - • 4,3


EXPULSION of .a member for-violating the confidence ok tlio.S:.;.- , ... , . , ..... . . . .. ....„
-


- ''Q


Exrit,tOT front the executive journal shall be furnished except by special order. The No.
President. shall, from time to time, be furnished with an authenticated transcript
of the executive records of the Senate, and all nominations approved or definitely
acted on by the Senate, shall be returned by the Secretary on the next day after
such proceedings may occur, but no further




. .


43


r.
FILES for the purpose of referring them at a subsequent session, unless error in report


or new evidence be produced. Not iu order to move to take the papers of a rejected
claim from the






49FILLING up blanks, the largest stun and longest time shall first bo put. In


- 13FINANCE, to consist of seven members. A standing Conunittee on


34FLOOR
of the Senate. Description of persons (and none others) who shall be admitted


on the
47FOREIGN Relations, to consist of seven members. A standing Committee on




31
G.


GALLERY to be cleared. On a motion made and seconded to shut the doors, the Presi-
dent shall order the


GENERAL orders. Special orders to take the precedent of


GRANT money out of the contingent or any other fund shall be treated as bills. All
resolutions, &c., which may




U.
Hotta has arrived for the consideration of a special order, it shall be the duty of the


Chair to take it up, Sze. When the


•Muse, the names taken alphabetically. Upon a call of the


16HOUSE of Representatives by the Secretary, who shall previously indorse the final
determination of the Senate thereon. Messages shall be sent to the




45


L'tamat Affairs, to consist of seven members. A standing Committee on


.. 34INFORMATI ON or remarks concerning the character or qualifications of persons nomi-
nated to be kept secret




INJUNCTION of secrecy. All confidential communications and treaties shall be kept
secret mild the Senate shall, by their resolution, take off the


INSERT shall not be divided. A motion to strike out and


INSERT. (See Strike Oat.) Motion to strike out and


Jorxr rules always in order, bo immediately considered, and be decided without debate
A motion to suspend the sixteenth and seventeenth JOINT


resolutions the same as on bills. Action on. (See Bills.)JOURNAL
of the preceding day shall be read, to the end that any mistake may be cor-


rected. The President having taken the chair, and a quorum being present, the
1tr


ourtx,u, or papers are being read no interruption to ho made. While the


2S
outtxm. is read. Morning business after the




24jo
ultX.kts. The titles of bills and parts affected by amendments to be inserted on the




32


18
31


26




262 INDEX TO STANDING RULES OF SENATE.


INDEX TO STANDING RULES OF SENATE. 263
No.


JOURNAL as concisely as possible, care being taken to detail a truo and accurate account
of the proceedings; but every vote of the Senate shall be entered on the journal,
and a brief statement of the contents of each petition, memorial, or paper pre-
sented to the Senate, shall also be inserted on the journal. The proceedings of the
Senate, when not acting as a Committee of the Whole, shall be entered on the, 33


IouRIYAL. Engrossed bills examined by the committee shall be entered by the Secre-
tary of the Senate as correctly engrossed upon the 34


JOURNALS. The legislative proceedings, the executive proceedings, and the confiden-
tial legislative proceedings of the Senate, shall be kept in separate and distinct
books or


JOURNAL, of the Senate; but no further extract from the executive journal shall be
furnished except by special order. The President of the United States shall, from
time to time; be furnished with an authenticated transcript of the executive


43
records or


JUDICIARY, to consist of seven members. A standing Committee on the


34


LARGEST sum and longest time first put, In filling up the blanks the


LEAVE of the Senate. No member shall speak more than twice in any one debate, on
the same day, without


LEAVE of the Senate. A member called to order when speaking, for transgressing
the rules, cannot proceed without


LEAvE of absence first obtained. No member shall absent himself from service of
Senate without




10
LEAVE of the Senate required to withdraw a motion to reconsider


LEAVE to bring in a bill. One days notice required m
25


LEGISLATIVE business to be continued from session to Session of a Congress


Lk:Gist-ATP:it proceedings, the executive proceedings, and the confidential legislative
proceedings of the Senate, shall be kept in separate and distinct books. The 42'


LEGISLATURES or conventions lawfully called of the States, not referred to the Com-
mittee on Printing. Motions to print documents from the 3+


Li on the table, &c., &c. When a question is under debate no motion shall be
received but to


.11
Lin on the table one day for consideration. All resolutions and reports of committee


shall
LoxcEs'i time first put. In filling up blanks the largest Sum and


13


MAJORITY of members present, may send for absent members. Less than a
quorum,


but a 8
MAJORITY may move a reconsideration. A member of the


20


MAJORITY of the whole number of votes given necessary to the appointment of a
chairman of a standing committee. A


35


MA,JoRrrY of votes. When two-thirds aro requsito to carry the affirmative, any mem-
ber who votes on that side which prevailed in the question may move for a recoil-


sideration, which shall be decided by a
MANUFACTURES, to consist of five members. A standing Committee on ..........




34


,Mars and drawings. ordered to be printed shall be directed and obtained by the Cora, 34
mittee on Printing


Mitormis of the Senate. Opening or commencement of daily


MEETING of the Senate at the commencement or
during any session, absent members


may be sent for, &c. In case a. less number than a quorum attend at the time to
whichthe Senate stood adjourned, or at a


E


311i3fatin shall speak to another or otherwise interrupt the business of the Senate. orNo
rend any newspaper while the journals aro being read, or when any member is
speaking in debate. No




MEMBER rising to speak shall address the Chair, stand at his place, and sit down when
finished. Every


M.EMBEit shall speak mere than twice in any ono debate, on the same day, withoutleave of the Senate. No




2,1Einumus rise to speak the President shall name the one to speak first; bid in all cases
the member rising and addressing the Chair first shall speak first. When two.... 5


MEMBER may call another to order who shall transgress the rules. Any


MEMBER called to order for transgressing the rules shall sit down and not proceed
without leave. Any


MEMBER called to order by a Senator shall be taken down in writing, to enable the
President to judge. The exceptionable words of




MEMBER shall absent himself from the service of the Senate without leave of the
Senate first obtained, &c. No




8MEMBERS present may send for absent members. Less than a quorum, but a,maj
. ority


of the
MEMBERS. The Sergeant-at-arms, or authorized person, may be sent for absent




MEMBER. A motion seconded shall be reduced to writing, if desired by ).Inininit may have a question containing several points divided. A


2
-MEMBER, it shall be determined by a vote of the Senate without debate. When the


reading of a paper is called for, and objected to by a
14


Mammas present may call for the yeas and nays


16MEMBERS to be taken alphabetically. In taking yeas and nays, or on a call of the
House, the names of the




16MEMBER shall answer without debate unless, for special reason, ho be excused. When
the yeas and nays are called, each




10
MENIBBR permitted to vote after decision is announced from the Chair. When a ques-


tion is taken by yeas and nays no


17
ILEinum, require secrecy, the doors shall, on his motion, when seconded, be shut, On


the discussion of business which may, in the opinion of a


18.IfEinimi of the majority may move a reconsideration. A


20MEMBERS shall signify their assent or dissent by answering aye or no. The President
of the Senate shall put every question, either in presence or absence of the Presi-
dent of the United States, and the




22
IfEimER to the Chair, not to extend beyond an adjournment, The appointment by


the President of a


23MEMcsoDnit, ntsbefo Are presenting a petition, &c., to make a brief verbal statement of its
24.


Mionmu shall object at time time to the reference of a petition as matter of course,




then the question on reference to be taken. When a


24MEMBER to fill trine chair while the Senate is in Committee of the Whole. The Vice-
President or President pro tempore may call a




28


MR)inEas shall attend at the place appointed. When the Senate shall be convened by


ItElaninEdliS present. On the third reading of any bill, &c., no amendment shall be


the P
resident of the United States to any other place, the President of the Senate


received unless by the unanimous consent. of the


29


11ENls\E
•eit


Every
be free to move au amendment to a treaty on its second reading, &c. 37


M.Enumis present shall be requisite to decide a question affirmatively. In proceedings 38
upon treaties two-thirds of the


r 38


3


4


6


7


10




33


49


10


10


11


261 INDEX TO STANDING RULES OF SENATE. INDEX TO STANDING RULES OF SENATE. 265


ILEmunit shall again be free to move amendments, &c. When the proceedings on a No.
treaty shall be reduced to the form of a ratification, every 38


MEMBERS thereof, be kept secret until the Senate shall, by their resolution, take off
the injunction of secrecy. All confidential communications and treaties laid before
the Senate by the President shall, by the 39


MEMBERS present shall not be requisite to decide any question „for amendments, or
extending to the merits, being short of the final question. When an amendment
to be proposed to the Constitution is under consideration, the concurrence of two.
thirds of the 44


Memune. who votes on that side which prevailed may move for a reconsideration, which
shall be decided by a majority of votes. When two-thirds are requisite, any 20


MEMBERS of the Senate shall be allowed on the floor of the Senate during a session,
except those specified in this rule. No persons but 47


MEnunn of the Senate convicted of disclosing for publication any written or printed
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 the case of a member, to suffer
expulsion from the body. Any officer or


MEMORIAL, or address, or hear any such read. No motion shall be in order to admit
any person within the doors of the Senate chamber to read a petition 19


MENIORIAL or petition shall be presented, and before being received and read at the
table, a Mier statement of its contents shall be verbally made. At the time
when a


MEMORIAL, or paper, shall be inserted on the journal. A brief statement of the con.
tents of each petition


Mr.momm.. stating how the committee have erred, or that new evidence has been dis.
covered, &e. Not in order to take papers of a rejected claim from the flies for
reference, unless the claimant shall present a


MEMORIALS, &e. (See Petitions.)
MESSAGES shall be sent to the House of Representatives by the Secretary, who shall 45


previously indorse the final determination of the Senate thereon


MESSENGERS are introduced at any stage of business, except while a question is being
put, while the yeas and nays aro being called, or while the ballots are being
counted


MILITARY Affairs and the Militia, to consist of seven members. A standing Committee
on


Mixes and Mining, to consist of seven members. A standing Committee on
MINUTES of the Senate. When the'Senate shall be convened by the President in any


other place, the Secretary of the Senate shall also attend to take the


MISTAKE may be corrected. Journal to be read, to the end that any
MONEY out of the contingent or any other fund shall be treated as bills. All resolu-


&c., which may grant
MORNING business. Business at the commencement of the session, or
MonxIxo business after the journal is read. Order of the
MOTION shall be debated until seconded. No
MOTION made and seconded shall be written, if desired, delivered in at the table, and


read. before debated. A
MOTION may be withdrawn before decision, amendment, or ordering of yeas and nays,


except au motion to reconsider, which shall not be withdrawn without leave. A


MOTION shall be received but to-1, adjourn ; 2, to lie on the table . ; 3, to postpone
indefinitely; 4, to postpone to a day certain ; 5, to commit ; or, 6, to amend, in the
order here stated. When a question is under debate no


MOTION for adjournment shall always be in order, and shall be decided without
debate. A


MOTION to strike out and insert• shall not be divided. A


MOTION to'
trike out and insert one proposition shall not prevent a motion to strike


out and insert ,
a different proposition, nor a motion simply to strike out ; nor


shall the rejection of a motion to strike out prevent a motion to stl•ke out
and insert. A


MOTION in filling blanks is for largest sum and longest time. The privileged


13MOTION made and seconded to shut the doors, &e., the President shall direct the gal-
lery to be cleared. On a




MOTION not in order to admit any person in Senate to present any petition, memorial,
18


or address, or to hear any such read. A


19MOTION for reconsideration may be made by ono of a majority before subject has
gone out of possession of Senate, if made same day or within two next clays of
actual session thereafter. A




20
MortoN for reconsideration not in order after subject has gone out of possession of


the &mato, except a resolution confirming or rejecting a nomination, nor after
two days of actual session from time of vote. A




MOTION to reconsider a nomination, where the resolution confirming or rejecting it
has been sent to the President, shall always be accompanied by a motion request-
ing the President to return the same to the Senate. A




20MOTION for leave to bring in a bill. One day's notice at least shall be given of a


23Mottos to suspend, or to concur iu a resolution of the House of Representatives to
suspend, the 16th and 17th joint rules, or either of them, shall always be in order,
be immediately considered, and Ice decided without debate. A




33MOTION requiring three readings previous to being passed shall be "Whether it
shall be" engrossed and read a third time ?" The final question on any




29MOTIONS to print certain documents, referred to the Committee en Printing


34MOTIONS to print. other documents and bills, not referred to the Committee on Print-i -
34


Marioxs to print additional documents, referred to the Committee on Printing


MOTIONS to print by order of standing committees, not referred to the Committee on
Printing.


34MOTION, ho referred to such committee. When any subject or matter shall have been
referred to a committee, any other subject or matter of a similar nature may, on




35
MOTIONS arc nuulo for reference of the same subject to a select committee, and to a


standing committee, the question on reference to lice standing committee shall first
be put. When
36MOTION to reject, ratify, or modify ;i treaty on the first reading shall be received.


No
38


NAYS. (See Yeas and Nays.)
-NAVAL Affairs, to consist of seven members. A standing Committee on


NEWSPAPER,
while the journal is being read, or a member is speaking. No


member shall read any


NO3aNATIONS confirmed or rejected may be reconsidered after the resolution announ-
cing the decision of the Senate has been sent to the President ; but all motions to
reconsider stuck nominations must be accompanied by ti motion requesting tiroPresident to return the same to the Senate




20


50


24


46


34
34


32


26


24
9


No.
12


MOTION for reconsideration, and it shall be decided by a majority of votes. When a
question is decided by two-thirds, any member on the side that prevailed may
make a


20


34




to266 INDEX TO STANDING RULES OF SENATE. INDEX TO STANDING RULES OF SENATE. 267
No.


NOMINATIONS shall be made in writing by the President of the United States to the
Senate, a future day shall be assigned, unless the Senate unanimously direct
otherwise, for taking them into consideration. When 37


NOMINATIONS neither approved nor rejected during the session at which they aro
made, shall not be acted upon at any succeeding session without being again
made by the President


NOMINATED by the President to office shall be kept secret. All information or
remarks touching or concerning the character or qualificatiens of any person


NOMINATIONS approved or definitely acted on by the Senate shall be returned to the
President by the Secretary on the next day after such proceedings may occur,
unless otherwise ordered


NoncE, at least, shall be given of an intended motion for leave to bring in a hill, &c.
4 Ono day's


Nona; at each reading of a bill or joint resolution, &c. The President shall give 26


O.


OATIt or affirmation prescribed by act of July 2, 1862, to be taken and subscribed by
every Senator, and by the Secretary, in open Senate, before entering upon their
du ties 51


OBJECTED to by a member at the time, the question on reference to be taken. When
the reference of a petition, &c., as a matter of course, is 2.1


OBJECTION is made to reading a paper, it shall be determined by a veto of the Senate;
and without debate. When 14


OFFICER or member of the Senate convicted of disclosing for publication any writ-
ten or printed 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 the case of
a member, to suffer expulsion from the body. Any 50


ORDER shall not be interrupted by talking or reading newspapers, &e.. 2
0131»313 shall be decided by the President, without debate, subject to an appeal to the


Senate. Every question of 6
Gaunt. The Chair may call for the sense of the Senate on any question of 6.
ORDER for transgressing the rules. 'The Chair skill, or a member may, call another


to 6
ORDER shall sit down and not proceed without leave of the Senate. A member


called to 6
ORDER by a Senator shall be taken down in writing to enable the President to judge


The exceptionable words of a member called to .7
Ottnint, and decided without debate. A motion for adjournment shall always be in 11
ORDER to move for a division of the question. On motion to strike out and insert, it


shall not be in 12
ORDER to admit any person in Senate to present a petition, &c. No motion in 19
ORDER for a member of the majority to move a reconsideration, &c., within two days


of actual session, if the matter is still in possession of the Senate. It is in 20
(Mena to move the reconsideration of a subject which has gone out of possession of the


Senate. or when two next days of actual session shall have elapsed. It is not in 20
ORDER to move the commitment of a bill, &e., before its final passage. It shall always 29be in
Onnim to inure, as a substitute for it, a resolution of the Senate referring the ease to


the Court of Claims. Whenever a private bill is under cousiderafion, it shall be
iu


ORDER, &c. A motion to suspend the 16th and 17th joint rules always in............ 53
ORDER to move to take the papers of rejected claims from the files for the purpose of


reference, without error in report or now evidence being produced. Not ...... 4


No.
OrmEns of the day. The unfinished business at preceding adjournment shall have


preference in the special


15
ORDER of special orders assigned, regulated, and fixed, and given precedence over


general orders. The


31
ORDER, special, not to be made without the concurrence of two•thirds present


31
Umma of the Senate for that purpose. No paper, except original treaties, &e., shall


be returned or delivered from the office of the Secretary without an


43
Onesu. An authenticated transcript of the executive records of the Senate shall be


furnished, from time to time, to the President of the United States, but 310 further
extract of the executive journal shall he furnished except by special




ORDERED. All bills on second reading shall be considered in Committee of the
Whole before being considered in the Senate, unless otherwise




28
P.


PACIFIC Railroad, to consist of nine members. A standing Committee on


34
PAPERS are being read no interruption to be made. While public




2
PAPER is called for and objected to, it will be decided by a vote of the Senate, and


without debate. When the reading of a
14


PAPER or document shall be printed for the use of the Senate without special order,
&c. No


-


25
PAPER, except original treaties, &c., shall be returned or delivered from the office of


the Secretary without au order of time Senate for that purpose. No


43
PAPERS of a rejected claim from the files for the purpose of referring them at a sub-


sequent session, unless error in report or new evidence be produced: Not in order
to move to take


49
PASSAGE of a bill, &c., to move its commitment, &c. It shall always be in order


before the final


29
PASSAGES as are or may be set apart for the use of the Senate and its officers. The


Presiding Officer of the Senate shall have the regulation of such parts of the Cap-
. it.ol and of its


46
PAssEn, &c. Every bill and joint resolution shall receive three readings previous to


being
26


PATENTS and the Patent Office, to consist of live members. A standing Committee
on


34
PENALTY of an officer or member for violating the confidence of the Senate




50
PENSIONS, to consist of seven members. A standing Committee on




34
PERSON or persons within doors of Senate to present any petition, memorial, or


address, or to hear any such read. No motion in order to admit any


10
PERSON nominated to office by the President shall be kept secret, All information or


remarks touching or concerning the character or qualification of any


40PERSONS, except as stated in the rule. When acting on confidential or executive


tblue 13:


business,
' the Senate•shall be cleared of all




41PERSONS (and none others) who shall be admitted on the floor of the Senate. Descrip-
47PETITION, memorial, or address, or hear any such read. No motion in order to admit


any person in the Senate chamber to present a


19
PETITIoNS, memorials, or papers, first called for in morning business, a brief state-


ment of their contents to be made before reception, &c., and referred, of course,
unless objected to, and then question taken




24
Pcrrnox, memorial, or paper presented to the Senate shall be inserted on the journal




A brief statement of the contents of each


33PL
un.tirry of votes sufficient for the appointment of all other committees than the
chairman of standing committees for whose appointment a majority, is necessary


33


37


37


43.


25




268 INDEX TO STANDING RULES OF SENATE. INDEX TO STANDING RULES OF SENATE. 269
No.


POINTS may be divided. A question containing several 12


POSITION on the calendar according to the order of time for which and at which they
were assigned, and not to lose their position on account of intervening adjourn-
ments, &c. Special orders to have 31


POST Offices and Post Roads, to consist of seven members. A standing Committee
on


4


POSTPONE indefinitely, to a day certain, &c., &c. (See Ride.) When a question is
under debate, no motion shall be received but to li


Pos7roxe to a day certain, &c. (See Rule.) When a question is under debate, no
motion shall be received but to 11


POSTPONED by direction of the Senate. Special orders to have precedence over gen•
eral orders, unless - 31


POWERS of a President pro tempore, &e. The chairman of a Committee of the Whole
to have the ta


PRECEDENCE of motions admissable, when a question is under debate, viz : 1, to
adjourn ; 2, to lie on the table ; 3, to postpone indefinitely ; 4, to postpone to a
day certain ; 5, to commit ; or, 6, to amend 11


PRECPA of special orders according to the order of time for which they were
assigned, and at which they were assigned, and over general orders, &o. (Sec .1
Rule) M


PREFERENCE in the special orders, &c. The unfinished business shall have the 15
PRESIDENT of the. Senate having taken the chair, and a quorum being present, the


business proceeds. The 1
PRESIDENT shall be addressed by every member rising to speak. The 3


PRESIDENT shall name the person to speak ; but in all eases the member rising and
addressing the Chair first shall speak first. When two members rise at the same
time the , 5


PRESIDENT shall call any member to order for transgression of rules. The 6
PRESIDENT without debate, subject to appeal to Senate. Questions of order shall bo


decided by the 6
PRESIDENT may call for the sense of the Senate on any question of order. The-.- 6
PRESIDENT to judge when a member is called to order for exceptionable words, by


their being taken down in writing. The 7
PRESIDENT. A motion made and seconded shall be reduced to writing if desired by


the 10


PRESIDENT, or the Chair, no member shall be permitted to vote. When a decision is
announced by the 17


PRESIDENT shall direct the gallery to be cleared, &c. On a motion made add seconded
to shut the doors the 18


PRESIDENT. 'When the Senate are equally divided the Secretary shall take the <lochs•
ion of the


e l


PRESIDENT of the Senate shall put all questions in the presence or absence of the
President of the United States. The 22


PRESIDENT of the Senate pro tempore, shall have the right to name a member to per-
form the duties of the chair, bet such substitution shell not extend beyond an
adjournment. The Vice-President of the United States, or the 23


PRESIDENT shall make a brief verbal statement of the contents of petitions, &c., pre. e4
seated by hint. The




PRESIDENT shall first "call for petitions, &c. (See Rule.) In the morning business M4
the


Pitesmes7 shall give notice at each reading of a bill or joint resolution whether it be e0
the first, second, or third. The


No
PRESIDENT pro tempore, may call a member to fill the chair, &e. When the Senate


shall consider a treaty, bill, or resolution as in Committee of the Whole, the Vice.
President. or 4 28


PRES/DENT of the Senate, or the Chair, to take up such special order, and it shall be
considered, unless postponed by a vote of the Senate. When the hour has arrived
for the consideration of a special order, it shall be the duty of the




31
PRESIDENT of the Senate shall have a chair on the floor, be considered as the head of


the Senate, and his chair shall be assigned to the President of the United States.
When the President of the United States shall meet. the Senate in the Senate
chamber, the


37
paesinesr of the Senate and senators shall attend at the place appointed, &c. (See


Rule.) When the Senate shall be convened by the President ofthe United States
to any other place, the




37
PRESIDING Officer of the Senate shall have the regulation of such parts of the Capitol,


and of its passages, as are or may be set apart for the use of the Senate and its
officers. The


48
PRESIDENT of the United States. The President of the Senate shall put all questions


in the presence or absence of the


22
PRESIDENT of the United States may be requisite, shall be treated as bills. All reso-


lutions, &c., to which the approbation and signature of the


26
PRESIDENT of the United States to the Senate, a future day shall be assigned, unless


the Senate unanimously direct otherwise, for taking them into consideration.
When nominations shall be made in writing by the




. 37
PRESIDENT of the United States. Nominations neither approved nor rejected during


the session at which they are made, Shall not be acted upon at any succeeding
session without being again made by the




37
PRESIDENT of the United States shall meet the Senate in the So nate chamber, the


president of the Senate Stall have a chair on the floor, be considered the head of
the Senate, and his chair shall be assigned to the President Of the United States.
When the


36
PRESIDENT of ' the United &gest° any other place, the.


President of the Senate and
senators shall attend at the place appointed. The Secretary of the Senate shall
also attend to take the minutes of the Senate. When the Senate shall' be con-
vened by the


37
PRESIDENT of the United States shall be kept secret. All confidential communica-


tions and treaties front the


39
PRESIDENT of the United States. Doors to be closed and secret session held on motion


by a member when desired by the (joint rule)


22
PRESIDENT to office shall be kept secret. All information or remarks touching or


concerning the character or qualifications of any person nominated by the


40
PRESIDENT of the United States shall, from time to time, be furnished with an authen-


ticated transcript of the executive records of the Senate; and all nominations
approved or definitely acted on by the Senate shall be returned by the Secretary


. on the next day after such action is had unless otherwise ordered by the Senate ;
but no further extract front the ekecutive journal shall be furnished, except by
special order ; and no paper, except original treaties, transmitted by the Presi-
dent of the United States or any executive officer, shall be returned or delivered
from the office of the Secretary without an order from the Senate for that pur-
pose. The


4?PRINTED for the use of the Senate. All bills reported by a committee shall, after the
first reading) be
25. .


PRINTED for the use of the Senate without special order. But no other paper or doc-
ument (than as above) shall be 25




No.
QUESTION, no member shall be permitted to vote, &e. (See Rule.) When the decis-


ion shall have been announced from the Chair on a. 17
QUESTION decided may be reconsidered, on motion by one of the majority, if' made


before the subject has gone out of possession of the Senate, and if made on same
day or within two next days of actual session. A


QuEsrioxs shall be put by the President of the Senate, in the presence or absence of
the President • of the United States, and the Senators shall answer aye or no
Alt 22


Quasrlos, unless objected to, and then question on reference taken. Reference of
petitions, &c., to be made as a matter of course without




24
QUESTION upon the second reading of every bill, resolution, &.c., requiring three


readings, shall be, " Whether it shall he engrossed and read a third time ?" The
final 29


QUESTION shall be again put, " Whether it shall be engrossed and read a third time P
Should a bill on third reading be committed and an amendment reported, it shall
again be read a second time, and the


QUESTION on the printing of documents, reports, or other matter, (except as stated in
the rule,) shall be referred to the Committee on Printing. Every


QUESTION on reference to the standing committee shall first be put. When motions
are made for reference of the same subject to a select committee and to a standing
committee, the 36


QUESTIONS on amendments to, and ratifications of treaties. (See Rule.) Forms of 38
QUESTION for amendments, or extending to the merits, being short of the final ques-


tion. When an amendment of the Constitution is under consideration the con-
currence of two-thirds shall not be requisite to decide any 44


QUESTION may have been decided by the Senate, iu which two.thirds of the members
present are necessary to carry the affirmative, any member who votes on that
side which prevailed in the question may be at liberty to move for a reconsidera-
tion ; and a motion for reconsideration shall bo decided by a majority of votes
When any


QUESTION may move for a reconsideration, which shall be decided by a majority of
votes. When two-thirds are requisite, any member who votes on that side which
prevailed in the 20


QUESTION is being put, while the yeas and nays aro being called, or while the ballots
are being counted. Messengers are introduced in any state of business, except
while a


46
QUORUM being present, the business will proceed. The President having taken the


chair, a»d a
QUonum, but a small majority of those present, may send for absent Semuttors, who


shall pay the expenses, unless excused when a quorum is convened. A less num-
iler than a
8


RATIFICATION of treaty, (see Treaty—see Ride)
RATIFICATION of amendments to treaties and of treaties. Questions on. (See Rule) - -
READ, to the end that any mistakes may be corrected. The chair being taken, and a


quorum present, the journal will be
READ any newspaper, while journals or public papers are being read, or a member is


n


er


speesasoifn gt he
&see. naNteo, nomrember shall speak to another, otherwise interrupt the IISI-


REAtna, bnleo, interruption to be made. While the journal or public papers aro being
READ before debated. A motion seconded shall be written if desired, delivered in at 2


10


38
38


1


2


INDEX TO STANDING RULES OF SENATE. 271
270 INDEX TO ,


STANDING RULES OF SENATE
IC O.


PRINTING,
to consist of three members, to whom shall be referred every question on


the printing of documents, reports, or othermatter transmitted by either of the
executive departments, and all memorials, petitions, accompanying documents,
together with all other matter, the printing of which shall be moved, excepting


was originating in
Congress, resolutions offered by any Senator,


communications


from
the legislatures or. conventions lawfully called of the respective


States, and


motions to print by order of the standing
committees of the Senate ; motions to print


additional number shall likewise be referred to said committee ; and when the
report shall be in favor of printing additional numbers, it shall be accompanied
by an estimate of the probable cost ; the said committee shall also supervise and
direct the procuring of maps and drawings accompanying documents ordered to
be printed. A Committee on .......... .


34


PRINTING
shall also supervise and direct the procuring of maps and drawings accom- 34


Playing documents ordered to be printed. The Standing Committee on


PRIVNTE
bill is under consideration it shall bo in orer to move. as a substitute for it,


a resolution of the Senate referring the ease to oth
e Court of Claims. Whenever


a


29


PluVATS claim, unless it be to carry out the provisions of some existing law or treaty
stipulation. No amendment shall be received to any general appropriation bill


whose object is to provide for a
30


PRIVATE
Land Claims, to consist of five members. A standing Committee on




34


11
PRIVILEGED


motions, when a question is under debate, and the order of their prece-


dence
PRIVILEGE


of admission on the floor of the Senate. Description of persons allowed


time ................ .


47


PROCEEDINGS
on them, in he Senate, as bills, &c. All joint resolutions, and resolu-


tions granting money,
t
shall be treated in th e. • . ........... ,


26


PROCEEDINGS
of Senate, when not acting as in Committee of the Whole, to be entered


en the journal, but every vote of the Senate shall be entered on the journal, &c.
(See


Rule.) ................................................................ . .... —


33


PROCEEDINGS
of the Senate shall be kept in separate and distinct books. The legisla-


tive proceedings the executive proceeding% and the confidential legislative.... 42
Punt= Buildings and Grounds, to consist of five members, who shall have power to


34act jointly with the same committee of the Rouse of Representatives. A stand-
34ing Committee on the ............................................................


PUBLIC
Lands, to consist of seven members. A standing Committee on the. ....•




QUALIFICATIONS
of persons nominated to be kept secret. Any remarks concerning 40


the ..............................................................................
Qunsuoxs of order decided by the President without debate, subject to appeal, and


the Chair may call for the sense of the Senate upon them ........................


QUESTION
is under debate no motion shall be received, except to adjourn, &c.,


&e.


(See Rule.)
\Then a ............................................................ 11


QUESTION
in debate contains several points, any member may have the same divided.


Whom a ..........................................................................


12


QUESTION.
On motion to strike out-and insert, it shall not be in order to move fOr


division of the ............................. ......................................


12.


QUESTION taken by - yeas
and nays each member shall vote, unless for special reasons


he be
excused. On every ....................................................... 16


QUESTION.
When yeas and nays are called, each member shall declare openly, and


withoutdebate, his assent or dissent to the ..................................... • 16




38


24


20


20


272 INDEX TO STANDING RULES OF SENATE. INDEX TO STANDING RULES OF SENATE. 273
No.


READ. No person shall be admitted hi the Senate to present any petition, address,
&c., or hear any such 19


READ at the table. A brief statement of petitions, memorials, or papers to be made
before being received or


READ [Morning) business after the journal is
READ, after which it may be referred to a committee. No bill shall be committed


until it shall have been twice
READ a third time?" The final question on the second reading of every bill, &c ,


shall be, " Whether it shall be engrossed and
READ, a second time, &c. Should a bill, dm., on third reading, be committed and an


amendment reported, it. shall again be 29
READ a first time for information only. Every treaty
READING of a paper is called for and objected to, it shall be determined by a vote of


the Senate and without debate. When the
READING. All bills reported by a committee to be printed after the first 25'
READINGS previous to its being passed, and the President shall give notice whether


it be the first, second, or third ; which readings shall be on different days, unless
the Senate unanimously direct otherwise. Every bill shall receive three


READING shall first be considered in Committee of the Whole before being taken up
in Senate, unless otherwise ordered. All bills on second


READING of any bill, resolution, &c., requiring three readings, shall be, " Whether it
shall be engrossed and read a third time?" The final question upon the second


READING of any bill, &c., unless by unanimous consent ; but it may be committed, &e.
No amendment received at a third


READING of a treaty shall be on a subsequent day, for consideration in Committee of
the Whole. The second


RECEIVED or read at the table. A brief statement of petitions, memorials, or papers
to be made before being


RECEIVED at the third reading of any bill, &c., unless by unanimous consent. No
amendment


RECONSIDER shall not be withdrawn without leave. A motion to
RECONSIDERATION not 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 the decision, except a resolution confirming or rejecting
a nomination. A motion for


RECONSIDERATION shall not be in order unless made on same day the vote was taken,
or within the two next days of actual session of the Senate thereafter. A motion
for


RECONSIDERATION of a nomination, if the resolution announcing the decision of the
Senate has been sent to the President, shall always be accompanied by a motion
requesting the President to return the same to the Senate. A motion for


RECONSIDERATION of a question decided may be made, on motion by one of the major-
ity, before the subject has gone oat of the possession of the Senate, if made same
day or within two next days of actual session thereafter. A 20


RECONSIDERATION ; and a motion for reconsideration shall be decided by a majority of
votes. When any question may have been decided by the Senate, iu which two•
thirds of the members present are necessary to carry the affirmative, any member
who votes on that side which prevailed in the question may be at liberty to move
for a


Itstecatu of the Senate ; but no further extract from the executive journal shall be
furnished, except by special order, &c. The President of the rutted States shall,
front time to time, be furnished with an authenticated transcript of the executive.


No.
REFERENCE of petitions, memorials, and papers to committees, made as a matter of


course, unless objected to, and then the question to be taken on Oho reference
24REFERENCE to the standing committee shall first be put. When motions are made for


reference of the same subject to a select committee and to a standing'committee,
the question on
31REFERRED to a committee. No bill shall be committed or amended until twice read,


after which it may be


REFERRED to the Committee to Audit and Control tire Contingent Expenses of the
Senate. Resolutions for payment of money out of, or creating a charge on the
contingent fund of the Senate shall be




34REFEREED to a committee, any other subject or matter of a similar nature may. on
motion, be referred to such committee. When any subject or matter s


t


shall havebeen
Eelie 35hem at subsequent sessions, unless error be stated to exist in the report,REFR InNG
Or new evidence be produced. Not in order to move to take papers or rejected


. claims from the files for the purpose of


49REGULATION of such parts of the Capitol as may be set apart for the use of the Senate
and its officers. The presiding officer of the Senate shall have the




48REJECTED claim from the files for reference, unless error in report or new evidence
be produced. Not in order to take the papers of a




49REMARKS touching or concerning the character or qualifications of any person nomi-
nated by the President to office shall be kept secret. AU information or




40
RErourED by the committee, the bill, &c., shall again be read a second time, &c




Should a-bill on the third reading be committed, and an amendment be


29REFOR'M of committees to be called for after petitions in morning business...-....-
24REPORTS of committees shall lie on the table one day for consideration. All


26
R•vonrs of the Committee on Printing, in favor of printing additional numbers, to be


accompanied by an estimate of the cost


34REPORT of a committee, in writing, adverse to a claim, to preclude its renewal, with-
out error be shown in report., or new evidence produced, &c




49
110sommex, as in Committee of the Whole, a chairman may be appointed, &e


When the Senate shall consider a


28RESOLUTION, &c., requiring three readings, shall be, " Whether it shall be engrossed
and read a third time ?" The final question on the second reading of any


29
RESOLUTIONS on third reading to be amended only Wunanimous consent




29
RF4oLuriex of ratification of treaties. Forms of questions and proceedings on. (See


Rule)
38


REsournox take off the injunction of secrecy. The Senate may by


39RESOLUTIONS proposing amendments to the Constitution, or to which the approbation
of the President may be necessary, or which may grant money out of the contin-
gent or any other fund, shall be treated, in all respects, in the introduction and
form of proceedings on them in the Senate, in a similar manner with bills. All




26RE
soLurzoxs (than the above) shall lie on the table one day for consideration, and
also reports of committees. All other




26RW,LUTIONS directing the payment of money out of the contingent feud of the Sen-
ate, or creating a charge on the same, shall be referred to the Committee to


REsot
rliitoxansd


the
Control


same as
the Contingent Expenses




34


RULES, the


on bills. Action on joint.. (See Bills.)EveLUTi ress




ONAitYthCelainis, to consist of five members. A standing Committee on
President shall, or a member may, call to order. When a member shall


transgress


*DOS.One 'day's notice required for a motion to amend, suspend, or modify a rule.. 53
18


24


27


29
10


20


43




INDEX TO STANDING RULES OF SENATE. 275274 INDEX TO STANDING RULES OF • SENATE.


S. No.
3


SECONDED. No motion shall be debated until the Same shall be
9


SECONDED shall be written if desired by the President.
Motions . 10


SECONDED to shut the doors, the gallery shall be cleared, &c. On a motion made and


18


SECRECY, the President shall order the gallery to be cleared, and the doors shall
remain shut during the discussion. Oa motion made and seconded to shut the
doors, on discussion of business which may, in the opinion of a member, require 18


SECRECY of the Senate. Penalty of an officer or member for violating the injunction
of


50


SECRET ; end all treaties which may be laid before the Senate shall also be kept secret
until the Senate shall, by their resolution, take off the injunction of secrecy. All
confidential communications made by the President of the United States to the
Senate shall be, by the members thereof, kept 39


SECRET. All information or remarks touching or concerning the character or qualifi-
cations of any person nominated by the President to office shall be kept a 40


SECRETARY shall take the decision of the President. When the Senate are equally
divided, the 21


SECRETARY of the Senate shall enter engrossed bills as correctly engrossed upon the
34journal. The


SECRETARY of the Senate shall also attend to take the minutes of the Senate. When
the Senate shall be convened by the President of the United States to any other
place, the President of the Senate and Senators shall attend at the place an-
pointed ; the


SECRETARY, the principal or executive clerk, the sergeant-at-arms, and doorkeeper,
and the assistant doorkeeper. When acting on confidebtial or executive business,
the Senate shall be cleared of all persons, except the 41


SEcRETARY, on the next day after such proceedings may occur, shall return to the
President of the United States all nominations approved or definitely acted on by


43
the Senate


SECRETARY without an order of the Senate for that purpose. No paper, except origi-
nal treaties, transmitted to the Senate by the President of the United States or
any executive officer, shall be returned or delivered from the office of the 43.


SECRETARY, who shall previously indorse the final determination of the Senate
thereon. Messages shall be sent to the Rouse of Representatives by the


SECRETARY and other officers of the Senate to take and subscribe the oath prescribed
by the act of July 2. 1862


SELECT committee and to a standing conunittee, the question on reference to the
standing committee shall first be put. When motions are made for reference of
the same subject to a 31ff


SENATE each day. Preliminary proceedings on the assembling of the 1-
SENATE. No member shall speak to another, or otherwise interrupt the business of


the
SENATE. No member shall speak more than twice in any one debate, on


same day.
4


without leave of the
SENATE. Any member called to order shall sit down, and not proceed without leave


of the ......................................... .............................


5


SENATE. Every question of order decided by the President, without debate, subject
to an appeal to the


6


SENATE he shall be called to order, &c. If any member transgress the rules of the


- 6.


SENATE On any question of order. The President may call for the souse of the


SENATE may send for absent members. A less number than a quorum of the


NO.
SENATE shall convene they may send for absent members. In ease a less number


than a quorum of the (see Ride)


8SENATE without leave first obtained. No member shall absent himself fioii the ser-
vice 'of the


8
SENATE when a quorum is convened. Excuse by absent members to be made to the




8
SENATE. A motion to reconsider shall not be withdrawn without leave of the




10
SENATE and without debate: When the reading of a paper is called for and objected


to it shall be determined by a vote of the


SENATE was engaged at the last preceding adjournment shall have preference in the
special orders of the day. The unfinished business in which the




15
SENATE may for special reason excuse a member from voting. The




16
SENATE or House the names taken alphabetically. Upon a call of the




16
SENATE on business requiring secrecy, the gallery shall be cleared, dr.e. On a motion


made and seconded to shut the doors of the


18
SENATE chamber to present ally petition, memorial, or address, or to hear any such


read. No motion in order to admit any person whatsoever within the doors of
the 19SF,NATE. A motion to reconsider not in order when the matter has gone out of the
possession of the




20
SENATE are equally divided, the Secretary shall take the decision of the President


When the
21SENATE shall be received and read at the table, a brief verbal statement of its contents


shall be made by the President or the member introducing it. Before any peti-
tion, &c., addressed to the. (See .Bolt)




24
SENATE. All bills reported by a commit tee after first reading shall be printed for the


use of the


SENATE, without special order. No paper or document, except a bill reported by a
committee, shall be printed for the use of the




SENATE in a similar manner with bills. All joint resolutions, and those granting
money, shall be treated in proceedings on them in




26
SENATE unanimously direct otherwise. Every bill shall receive three readings, on


different days, unless the


26SENATE 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, fee




When the


20
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


the
otherwise ordered. All bills, on a second reading, shall be consid




28SENATE during that session, or moved by direction of a committee of the Senate, &c.,
may be received to a general appropriation bill. An amendment to Carry out the
Provisions of any act or resolution passed by the




30SENATE shall proceed to consider a special order taken up, enless postponed by vote
of the Senate. The




31SENAtiToRn. of
Special tcheeial orders shall not lose their position on the calendtir, except by direc-


31SEN.atTIE.e. teSio)feetihaleorders to have precedence over general orders, unless postponed by
31SENATE,


when not acting as in Committee of the Whole, shall be entered on the jour-
nal as concisely as possible, care being taken to detail a true and accurate account
of the proceedings; but every vote of the Senate shall be entered on the journal,
and a brief statement of the contents of each petition, memorial, or paper pre-
sented to the Senate shall also be inserted on the journal. The proceedings of the 33


SEAT, or sit down. When a member has finished speaking be shall take his


25


25 •





43


45


47


51.


•1
1


8


276 INDEX TO STANDING RULES OF SENATE.
INDEX TO STANDING RULES OF SENATE. 277


No. !4 No.
SENATE. The Committee on Engrossed Bills shall examine all hills, amendments,


resolutions, or motions before they go out of the possession of the 34
SENATE will proceed by ballot to appoint the chairman of standing committees, and


the other members, and also all other committee's. • Tho (see Rule) 35,
SENATE, a future day shall be assigned, unless the Senate unanimously direct other-


wise, for taking them into consideration. When nominations shall be made in
writing by the President of the United States to the 37


SENATE in-the Senate chamber, the President of the Senate shall have a chair on the
floor, be considered as the head of the Senate, and his chair shall be assigned to
the President of the United States. When the President of the United States
shall meet the


SENATE shall be convened by the President of the United States to any other place,
the President of the Senate and Senators shall attend at the place appointed.
The Secretary of the Senate shall also attend to take the minutes of the Senate
When the 37


SENATE On treaties communicated by the President. Proceedings of the 33
SENATE shall be by the members thereof kept secret until the Senate remove the


injunction of secrecy. All treaties and confidential communications made by the
President of the United States to the


SENATE relative to the character or qualifications of any person nominated to office
shall be kept secret. All information or remarks made in the 40


SENATE shall be cleared of all persons, except the Seeretaty and the principal or the
executive clerk, the sergeant-at-arms, and doorkeeper and assistant doorkeeper.
When acting on confidential or executive business, , the 41


SENATE shall be kept in separate and distinct books. The legislative proceedings, the
executive proceedings, and the confidential legislative proceedings of the 42


SENATE shall be returned by the Secretary on the next day aftbr such action is had,
&c. All nominations approved or definitely acted on by the


SENATE for that purpose. No paper, except original treaties, transmitted to the Sen-
ate by the President of the United States, or any executive officer, shall be
returned or delivered from the office of the Secretary without an order of the 43


SENATE, &c. The President of the United States shall, from time to time, be furnished
with an authenticated transcript of the executive records of the


SENATE thereon. Messages shall be sent to the Nouse of Representatives by the Sec-
retary, who shall previously indorse the final determination of the


SENATE. Description-of persons (and none others) who shall be admitted on the floor
of the


SENATE shall have the regulation of such parts of the Capitol, and of its passages, as
are or may be set apart for use of the Senate and its officers. The Presiding Offi-
cer of the


SENATE. Restriction on presenting rejected claims to the. (See Rule)
SENATE. Penalty of an officer or 'Amber for violating the confidence of the
SENATE. The Senators'and Secretary, before entering upon their duties, shall take


and subscribe the oath prescribed by the act of July 2, 1862, in open
SENATORS of the United States. (See Members.)
SENSE of the Senate on any question of order The President may call for the
SERGEANT•AT-ARMS, or any other authorized person, may be sent for absent members


The
SERGEANT-AT-Aims and doorkeeper and assistant doorkeeper admitted in secret ses


siou. The
SESSION. Organization and commencement of business of each day's
SESSION. should less than a quorum appear, absent members may be sent for, &c. At


thecommencement or during any


SEssiox of the Senate, if the matter is in possession of the Senate. A motion for recon-
sideration may be made within two next days of actual




SuuT the doors, the gallery shall be cleared. On a motion made and seconder to
13


SPEAK shall address the Chair, stand at his place, and sit down when finished. Every
member rising to


SPEAK more than twice in ono debate on same day without leave of the Senate. No
member shall


SrEAK first ; but the member rising and addressing the Chair first shall speak first


When two members rise, the President shall name the member to
5


SPEAKING to another member so as to interrupt.
business prohibited


2
SPEAKING in debate, no interruption to be inado by talking, reading newspapers, or


otherwise. While a member is


SPEAKING or otherwise 8611 transgress the rules, ho shall be called to order. If any
member in


SPECIAL orders of the day. The unfinished business at preceding adjournments shall
have preference in the




SrEctAi order, it shall be the duty of the Chair to take up such special order, and the
Senate shall proceed to consider it, unless it be postponed by vote of the Senate.
When the hour shall have arrived


-for the consideration of a
31


SPECIAL orders, according to the order of time/or which they were assigned, and at
which they were assigned, and over general orders, &AL Precedence of


31
SPECIAL orders shall not lose their positions on account of intervening adjournments ;


nor shall they lose their relative position on the calendar, except by veto of the
Senate, until finally disposed of




31
SPECIAL orders shall always have precedence of general orders, unless such special


orders shall be postponed by direction of the Senate. When two or more, subjects
shall have been assigned for the same hour, the subject first assigned for that
hour shall take precedence, but




31
SPECIAL order not to be made without the concurrence of two-thirds present


31
SrEcur.t.E assigned for consideration, they shall take precedence according to the


order of time at which they were severally assigned, and such order shall at no
time be lost or changed, except by the direction of the Senate. When two or
more subjects shall have been




31
STANDING committees of the Senate, shall not be referred to the Committee on Print-


ing. Motions to print, by order of the


34
• STANDING committees of the Senate, shall be appointed at the commencement of each


session, with leave to report by bill or otherwise, viz :
On Foreign Relations, to consist of seven minters


34
On Finance, to consist of seven members




34
On Appropriations, to consist of 80V0/1 members 34
On Commerce, to consist of seven members




34
On Manufactures, to consist of five members




34
On Agriculture, to consist of five members




34
On Military Affairs and the Militia, to consist of seven members


34
On Naval Allhirs, to consist of seven members




34
On judiciary, to consist of seven members




34
On Post Offices and Post Roads, to consist of seven members


34
On Public Lance, to consist of seven members


34
On Private Land Claims, to consist ro...Ve members




34
On Indian :Min, to consist of seven members


34
On Pensions, to consist of seven members 34
On Revolutionary Claims, to consist of five members




On Claims, to consist of seven members


34


30


43


48
49;•
50'


20


3


4


2


6


15




34
31
34
34
34
34
34
34
34
34


35


24


26
34


28
38


39


43


11.


278 INDEX TO STANDING RULES OF SENATE.
No.


On District of Columbia, to consist of seven members
On Patent's and the Patent Office, to consist of five members
On Public Buildings and Grounds, to consist of five members
On Territories, to consist of seven members
On the Pacific Railroad, to consist of nine members
On Mines and Mining, to consist of seven members
To Audit and Control the Contingent Fund, to consist of three members
On Printing, to consist of three members -
On Engrossed Bills, to consist of three members
On Enrolled Bills, to consist of three members


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 commit.
toes shall be appointed by ballot, and a plurality of votes shall make a choice. In
the appointment of time


STANDING committee shall first be put. 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


STATES, not referred to the Committee on Printing. Motions to print documents from
the legislatures or conventions lawfully called of the 34


STRIKE out and insert shall not be divided. A motion to
12


STRIKE out and insert one proposition shall not prevent a motion to strike out and
insert a different proposition, nor a motion simply to strike out, nor shall the
rejection of this prevent a motion to strike out and insert. A motion to 12


SUBJECT or matter shall have been referred to a committee, any other subject or mat-
ter of a similar nature may, on motion, be referred to snob committee. When any.


Sun first put. In filling blanks the largest
SUSPEND the 16th and 17th joint rules, &c., always in order, &c. A motion to
SUSPENSION or amendment of a rule. One day's notice to be given of a motion for the.


TABLE, and read before being debated. A./notion made and seconded shall be reduced
to writing, if desired, delivered in at the


TABLE, &c. (See Role.) 'When a question is under debate no motion shall be received
but to lie on the


TABLE. A brief statement of the contents of petitions, &c., to be made before being
received or read at the


TABLE one day for consideration. All resolutions (not joint) and reports of committees
shall lie on the


TERIUTORIPA to consist of, seven members. A Standing Committee on


TIE vote of the Senate, the Secretary shall take the decision of the President. When
there is a


TIME first put. In filling blanks the longest
TITLES of bills and parts affected by amendments, inserted on the journal
TicEATF, bill, or resolution, as in the Committee of the Whole, a chairman may be


appointed by the presiding officer, &e. When the Senate shall consider a ...... .
TREATIES. Proceedings on
TREATIES which may be laid before the Senate shall also be kept secret until the- Sen•


ate shall, by their resolution, take off the injunction of secrecy. All ......
TREATIES, &c., shall be returned or delivered from the office of the Secretary without


an order of the Senate for that purpose. No paper, except original


INDEX TO STANDING RULES OF SENATE. 279


TW/CE in any one debate. No member shall speak more than


Two-Timms requisite to decide affirmatively on all amendments to treaties, and on the
final question of ratification of treaties


'
38TWO-TIIIRDS shall not be requisite except on the final question. 'When an amendment


to the Constitution is under consideration the concurrence of


44
Two-Tlunns of the members present aro necessary to carry the affirmative, any mem-


ber who votes on that side which prevailed in the question may be at liberty to
move for a reconsideration; and a motion for reconsideration shall be dmieidcd by
a majority of votes. When any question may have been decided by the Senate in




which
21Two•TurnDs present. No special order to be made without concurrence of




31


U.
UNANDmous consent of the members present. On the third reading of any bill, &c


,


no amendment shall be received unless by the


20UNANIMOUSLY direct otherwise. When nominations are made a future day shall be
assigned for their consideration, unless the Senate




37UNFINISHED business at preceding adjournment shall have preference iu special orders
of the day. The


• 15


VERBAL statement of contents of a petition, &e., to be made before being received or
read at the table. A brief 24VICE-PRESIDENT, or President of the Senate pro tem., shall have the right to name a
member to perform the duties of the chair; but such substitution shall not extend
beyond an adjournment. The


23VICE-PRESIDENT, or President pro tern., may call a member to fill the chair, &e. When
the Senate shall consider a treaty, bill, or resolution in Committee of the Whole,
the


28VienTnEsIDENT of the United States. (See President of the Senate.)
VOTE of the Senate and without debate. When the reading of a paper is objected to


it shall be determined by a
14VOTE, unless for special reasons lie be excused. On every question taken by yeas and


nays, each member shall
isVon. When a decision is announced from the Chair no member shall be permitted to. 17VOTE may be made before the subject has gone out of the possession of the Senate, if


made same day or within two next days of actual session. On motion by one of
the majority, the reconsideration of a




2)VOTE of time Senate, the Secretary shall take the decision of the President. When
there is n tie
21VOTE of the Senate. Special orders shall have precedence over general orders unless


postponed by a
31VOTE of the Senate shall be entered on the journal. Every




33OBEs given is necessary; and in appointment of all the committees, with that excep-
tion, a plurality of votes will make a• choice. In the appointment of the chairmen
of standing committees a majority of all the




35VOTES on amendments, &c., to treaties confirmed by the Senate shall be reduced to
the form of a ratification, &c




38VOTES on that side which prevailed may move for a reconsideration, which shall be
decided by a majority of votes. When two-thirds are requisite, any nmeml/er who. 20


36


35
13


53
53


0


21
13


32


N.
4




280 INDEX TO STANDING RULES OF SENATE.
17.


NO.
WITHDRAWN by the mover before decision, amendment, or ordering of the yeas and


nays, except a motion to reconsider, &c. Any motion may be 10
WITHDRAWN without leave of the Senate. A motion to reconsider shall not be 10
Wonns of a Senator called to order shall be taken clown in writing, to enable the Pres-


ident to judge. The exceptionable 7
WRITING, &c. Exceptionable words in debate called to order-shall be taken down in 7
Wurriso, if desired by the President. A motion made and seconded shall be reduced


to . 10


YEAS and nays are ordered, a motion cannot be withdrawn by the mover without leave
of the Senate. When the 10


YEAS and nays, and ou a call of the house, the names of the members shall be taken
alphabetically. In taking the 16


YEAS and nays shall be called for by one-fifth of the Senators present, each shall
answer, without debate, unless excused for special reason. When the 16


YEAS and nays aro taken, no member shall vote after the decision is announced from
the Chair. When the 17


YEAS and nays. Every question shall be put by the President. of the Senate, and the
members shall signify their assent or dissent by answering aye or no, or by


P6As and nays aro being called, &e, Messengers aro introduced in any state of busi-
ness, except while the 40


0




DIGEST OF THE RULES


OF TILE


HOUSE OF REPRESENTATIVES U. S.,
THE


JOINT RULES OF TIIE TWO HOUSES,


AND OF


SO MUCH OF JEFFERSON'S MANUAL AS UNDER THE RULES GOVERNS THE
HOUSE; OF PRECEDENTS OF ORDER AND USAGES OF THE HOUSE;


TOGETHER WITH SUCH PORTIONS OF THE CONSTITUTION
OF THE UNITED STATES, LAWS OF CONGRESS, AND


RESOLUTIONS OF THE HOUSE AS RELATE TO
THE PROCEEDINGS OF THE HOUSE,


AND THE RIGHTS AND DUTIES
OF ITS MEMBERS.


COMPILED BY


JOHN M. BARCLAY,
JOURNAL CLERK OF THE HOUSE OF REPRESENTATIVES U. S.


ARRANGED ALPHABETICALLY


WASHINGTON:
GOVERNMENT PRINTING OFFICE.


1871.




Entered according to Act of Congress, in the year 1868, by


J. M. BARCLAY,


In the Clerk's Office'of the Supreme Court .of the District of Columbia.


0


BARCLAY'S DIGEST.
OF ME


RULES AND PRACTICE
OF THE


HOUSE OF REPRESENTATIVES S.


ABSENCE FROM THE HOUSE.


"No member shall absent himself from the service of Prohibited, un-less
(t)orthe House, unless he have leave, or be sick or unable to from


attend"—Rule 33. attend.


rum cnizmev
toho coainu:


"A smaller number than a. quorum may be authorized Less thanaquo-
to compel the attendance of absent members, in such


it


manner and under such penalties as each House may pct
attendance.


provide."—Const., 1, 5, 8.
"Any fifteen members (including the Speaker, if there riftem mew-


be one) shall be authorized to compel the attendance .t ieO,Foem authorized
absent members."—Rule 34.


For mode of proceeding in case ni" the absence of mem- Proceedings in
case of.


hers, see CALLS OF THE HOUSE.
By the act of August 16, 1856, it is made the duty of Deduction from


the Sergeant-at-Arms to deduct from the monthly pay- compensatIou for.


ment of each member the amount of his compensation for
each day that such member shall be absent from the
llonse, unless such member shall assign as the reason for
such absence the sickness of himself or of some member
of his family.—Stat. at Large, Vol. XI, p. 49.


FurtherBy the Joint Resolution of July 17, 1862, it is declared Fur dedue.
that when - hereafter =satfgnany Senator or Representative shall for,
withdraw from his seat in anticipation of the adjourn- withoutleave.
meat of Congress and before the adjournment, and does
not return, he shall, in addition to the sum now deducted


L




4 ABSENCE PROM COMMITTEE OF THE WHOLE—ACCOUNTS, COM. op,


for each day, forfeit a further sum equal to the mileage
now allowed by law for his return home, and it shall be
deducted from his compensation, unless where said with.
drawal is with the leave of the Senate dr House of Itep:
resentatives.—Stat. at Large, Vol. XII, p. 62S.


ABSENCE FROM COMMITTEES OF THE WHOLE.


When no (ln9- "Whenever the Committee of the Whole on the staterum by reason ot;
roll to be called. of the Union, or the Committee of the Whole House, finds


itself without a quorum, the chairman 'stall cause the
roll of the House to be called, and thereupon the com-
mittee shall rise and the chairman shall report the names
of the absentees to the House, which shall be entered on
the Journal."—Rule 106. [As soon as the roll-call is
completed, the practice is for the chairman immediately
to vacate the chair, and consequently to report as ab-
sentees all such as failed to answer to their names when
called.]


ACTS AND ADDRESSES.


To be signed Acts and addresses shall be signed by the Speak
er.--


by the Speaker.
Rule S.


ACCOUNTS POE PAY AND MILEAGE—ADJOURN, MOTION TO. 5
ADDRESS TO THE PRESIDENT..


"Whenever the Senate and House of Representatives IreWitletred
to bebyshall judge, it proper to make a joint address to the Pres- Li;oill,&:d.


idea, it shall be presented to him in his audience chamber
by the President of the Senate in the presence of the
Speaker and both Houses."—Joint Rule 11.


ADHERE, MOTION TO.


The questions respecting amendments from another
,,n01 41,3istletitosn sioen


House are : 1st, to agree; 2d, disagree; 3d, recede; 4th, fru
. the two


insist; 5th, adhere—lianued,p. 114—and take precedence Order in put-Journals,in that order. 1, 23, p. 229; 1, 34, p. 1516 to tin; question on.
1518


"In the ordinary parliamentary course, there are two t,
tiosrueca 41 Ytealitleinel t.free con ferences, at least, before an adherence"—illanua/, b e


p. 126—and sometimes three or four.—Journals 1, 34, p.
943; 1, 35, p. 1136. Although "either House is free to
pass over the term of insisting, and to adhere in the first
instance; but it is not respectful to the other."—Manual,


ADJOURN, MOTION TO.


1: lmotion to adjourn, and a motion to fix the day to AM to fix the
the House shall adjourn, shall be always in order, Mal 4xst


oe rt •
,!and these motions shall be decided without debate."— ,1; 7ot debatable.
Rule 44. It has been decided and acted upon that the


"to fix the day to which the House shall adjourn" Motion to fix
the day takes -*ro-tai: eS precedence of a motion "to adjourn ;" the reason icleodognucoorotgujulreer


being that, before the House adjourns, it is proper to fix cut.the time to which it shall adjourn—Note to same rule—but
when less than a quorum is present no motion can be


ACCOUNTS, COMMITTEE OF.


Its number,and This committee, to consist of five lumbers, is directed
when appointed. to be appointed at the commencement of each Con gress.—


Rule 74. Its duty is to superintend and control the ex-
Duties of. peuditures of the contingent fund of the House; also to


audit and settle all accounts which may be charged
thereon.—Rule 98. And it is made its further duty by
Rule 140 to inquire into and report to the House any
violation of the said rule in regard to the allowance of
extra compensation to employes of the House, or their
being interested in claims against the Government. And
by Rule 27 the said committee is directed to deterniine
the amount for which the doorkeeper shall be liable for
articles missing from the committee and other roQP5
under his charge. '71k


ACCOUNTS FOR PAY AND MILEAGE.


(See COMPENSATION.)


r .226.A conference may take place after a vote of adherence ConferencehouseaH e f-Lresnby one ouse.—Journals, 1, 3, pp. 281, 283 ; 2, 3, p. 254; at
1, 34, pp. 1600, 1602; 1, 35, pp. 604, 615, 620; Senate
Journal, Jan.• 20, 1834 ; Manual, p. 129.


"After each House shall have adhered to their disa- After each
house adhe res,greewent, a bill or resolution shall be lost."—Joint Rule bill, &c., lost.15.


(See AMENDMENTS BETWEEN THE TWO HOUSES andCONFERENCE COMMITTEES.)




6 ADJOURN, MOTION TO.
entertained, except to adjourn, or for a call of the House;_.....
Journal, 1, 29, p. 356, and Cont., 1, 5, 8. [Consequently,
at such a time, the motion to adjourn would take prece.
deuce.]


Only one ean he Only one motion to adjourn can be entertained pend-
entettained while
motiontosuspend ing a motion to suspend the rules.-Rule 161.
rules pening.


For more than A resolution proposing, with the concurrence of tho'
Meg.a'" Pri• Senate, an adjournment for more than three days is held


to be privileged.-Journal 2, 37, pp. 718 to 720.
Caunothe made "A motion for adjournment cannot be made while an-


while another
member is speak-
ig, unless he


other is speaking."-Manuat, p. 85.-[But accor
dingtiotnoyields for. the practice, a member speaking may yield for


to adjourn, or that the committee rise, without losing
his right to the floor when the subject is resumed.]


Not in order " Nor can a motion to adjourn be received after another
while voting on
anothefnuegtion. question is actually put, and while the House is actually


engaged in voting. "-Manual, p. 98.
be "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."-Manna/,p. 135.


When maY be A motion to adjourn may lie repeated, although no
repeated• question has been put or decided since the former mo-


tion-Journal, 1, 23, p. 651-but there must have been
some intervening business.-/bid., 1, 31, 1092. [Another
motion submitted, progress in debate, or reading a paper
by the Clerk, an order of the yeas and nays, &c., has
been considered such "intervening business" as will
authorize a repetition of the motion to adjourn.]


Hour of making "The hour at which every motion to adjourn is made
to he entered on
Journal. shall be entered on the journal?'-Yule 45.


Motion to fix A motion to fix the hour- to which the House shall ad-
h ur--


the House shall JOUIll does not take precedence of a motion to. adjoup Itho to which
adjourn. Journal, 1, 29, p. 186,-and can only be made Wheyw,


olutions are in orderjournal, 1, 29, p. 933-[or undo
a suspension 'of the rules when in order.]


Noadjournment "If a question be put for adjournment, it is no adjourn.
tan


it. meat till the Speaker pronounces it."-Manual,
•135'll Speaker pro-


ADJOURNMENT, SINE DIR.
7


giveThere must be an adjournment before the legislative . Le slatidaydo not end nday will terminate-Journal, 1, 33, p. 804-and an ad- anesadjournmuentilt.jourument does not take place by, reason of the arrival
.a the time for the regular daily meeting of the House.-
MR., pp. 803, 811. And an adjournment does not neces-
sarily take place at 12 o'clock a. m. on Sunday, nor is
it against order for a majority to continue in session after
the said hour, it being a question which must be left to For the Muse to.
be decided by the judgment and discretion of the House ll"adjournne.h
itself.-Journal, 1, 24, pp. 577, 582.


"Neither House 'during the session of Congress shall,
without the consent of the other, adjourn for more than


11.101100 feTtmcitf
7b( 1 °'71111ol?o than


three days, nor to any other place than that in which three days.
the two Houses shall be sitting."-Const., 1, 5, 9.


Where the two houses adjourn for more than three tl For lore thant
days, and not to, or beyond, the period fixed by the Con- /onte° alb=
stitution or law for the next regular session, the session sessi


ai/


"'


isnot thereby terminated, but continues until an adjourn-
ment without day, or until the next 'regular session.-
See Journals, 1, 39, pp. 107, 108; 2, 39, p. 106; 1, 40, pp.
157, 158, 184. And it is competent by concurrent reso- made


provide for an adjournment to a particular day, lnciatteorblynurameolrf
and if upon that day a quorum is not present in each House. •
House, that the session shall terminate.-Journal, 1,, 40,
pp. 157, 158, 184.


"In case of disagreement between them (the two When President
owsaesdj. ourn twoRouses) with respect to the time of adjournment, the rm


President may adjourn the two houses to such time as
he may think proper."-Const., 2, 3, 18.


ADJOURNMENT, SINE DIE.
The adjournment of a session .


(other than that
which Zaof resolu-terniinates . with the expiration of the term of service of ti


the members) is provided for by the joint vote of the two,Rouses, and usually in the following form: "Resolved
by the Senate and House of Representatives, That the
President of the Senate and the Speaker of' the .


House
of Representatives be authorized to. close the present
ession by adjourning their respective houses on the -


adie
clay


' o
to-d be aptri-viloe'se.leode.


m
k - in."


And such resolutions loirivileged


Cannot
amended.




8 AGENTS FOR CLAIMS—AGRICULTURE, COM. ON—AMENDMENT.


takes And upon the arrival of the day and hour thus fixed,
or the hour of 12 o'clock in. of the 4th of March of each
alternate year, when, by the usage, the last session of a
Congress terminates, the Speaker (either on or without
motion) pronounces the House adjourned sine die.—J6,10,
na- Is, 1, 28, p. 1362; 1, 33, p. 1345; 1, 35, p. 1148; 2, 324,
431; 3, 34, p. 691; 2, 35, p. 625.


AGENTS FOR CLAIMS.


(See CLADS AGENTS.)


AGRICULTURE, COMMITTEE ON.


When appoint- There shall be appointed at the commencement of each
ed, and its num-
ber.






Congress a Committee on Agriculture, to consist of nine
members.—Bute 74.


[No duties are assigned to the Committee on Agricul-
ture by the rules.]


AMENDMENT.


Precedence of When a question is under debate, no motion shall be
motion to amend. received but to adjourn, to lie on tile table, for the pre-


vious question, to postpone to a day certain, to commit
or amend, to postpone indefinitely; which several motions
shall have precedence in the order in which, they are ar-
ranged.—Bule 42.


Motion to strike A motion to strike out the enacting words of a bill
out enactin,,
words. takes precedence of a motion to amend.—Buie 123.


(See ENACTING WORDS, MOTION TO STRIKE OUT.)
When in order A bill cannot be amended on the first reading.—Man -


to a bill.
p. 87. [Indeed, it has become the settled practice


of the House not to receive an amendment to a Rouse
bill except when the question is on its engrossment, and
to a Senate bill except when the question is on ordering
it to a third reading.]


Not cut oft by If the motion to amend is pending when a demand forprevious Tics-
tion. the previous question is made, it is mot cut off by the


order of the previous questia—Bule 132.
An amendment Au amendment may be moved to an amendment, but


to, only in order. it is not admitted in another* degree.—Manual,
[But it is the well-settled practice of the House that


AMENDMENT.
9


Isere may be pending, at the same time with such amend- bAtot,tinemmeig
'.' ent to the amendment, an amendment in the nature of itifeZtbgtu;ltsu sti te


substitute for part or the whole of the original text, amendment to it.
,l ull an amendment to that amendment.—(See Journal, 1,
sj , pp. 1074, 1075.) It was decided many years ago that
if the motion to amend the original matter was first sub-
mitted, it was not then in order to submit an amendment
in the nature of a substitute—Journal 1, 19, p. 794; but
it was subsequently decided otherwise—Journal, 1, 28,
p. 807—and the practice ever since has been in accord-
gace with the latter decision. So, now, notwithstanding
the pendency of a. motion to amend an amendment to
the original matter, a motion to amend, in the nature of
a substitute, and a motion to amend 'that amendment
may be received, but cannot be voted upon until the
original matter is perfected.]


An amendment of the House to a Senate amendment
Senata.es amend-


Amendment of
is only in the first degree; for, as to the Senate, the first Inc
amendment with which they passed the bill is a part of
as,:text ; it is the only text they have agreed to.—Manual,
rix 127.—(See AMENDMENTS BETWEEN TEE HOUSES.)


When it is proposed to amend by inserting a Para- . Paragraph pro:
osett


tograph, or part of one, the friends of the paragraph may 'orted may ill
make it as perfect as they can, by amendments, before first amended.
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."—
Augual, p. 108. But an amendment which has been ill- But not after-
'4erted may be added to.—Journal, wJournal, 1, 19, p. 794.




adding to.
Although it is not in order to strike out by itself what or


has been
.
inserted,


striking out
it may be moved to strike out a por- fmia fgr aorgt!


tion, of the original paragraph, comprehending what has eluding it,
been inserted, provided the coherence to be struck out
be so substantial as to make this effectively a different
Proposition.—.Manual, p. 110.
tileifi..ritioilsidis


)reotime paragraph are first to make it as p
paragraph,


posed to be struck


as th ey can, by amendments, before the question is
oni - out may bo first


amended.feet
. l


Put for striking it out. —alfainual, p. 109. But (contraryto the
par nuentary practice) if on the question it be


When
place.


Duties of.




10 •+1I1IENP.)1ENT. •


Motion to strike retained, neither amendment nor a motion to, strike out
out failing. and insert shall be precluded thereby, and a motion to.


To strike out strike out and insert is indivisible.—We 46.—(See
and insert indi-
visible. STRIKE OUT, MOTION TO.)


No withdrawal After a proposition is amended it cannot be withdrawn.
after.


—Rule 40. [Nor after the previous question is seconded.]
It may, however; be withdrawn. while the House
ding on a . demand for the previous question.—Jouroa/,
2, 29, p. 241.


vn modifica- A motion to amend cannot be. modified after the- pre-
tion of, after pre-
vious question vious questionisseconded—Journal, 1,28,p. 811— [doubt-
seconded. less for the reason that the pendency of the particular


amendment may be the inducement for seconding the
previous question.]


Member yield- If a member yields the, floor to another to offer an
ing for, loses
fiver. amendment, as he may do, the member yielding loses his


right to reoccupy . it.—Journal, 1, 26, p. 218..
Proposing a,gen- An amendment proposing to ingraft a general provis,


oral provision of
law


nto°aurriLartc
ion of law upon a privatebill is against order.—Journal;


bill 1, 31, p. 784. It is also out of order to ingraft upon a
bill for the relief of one individual a . provision for the


. relief of another.—Journal; 2; 32,.p. 414.
linteis",mAotT: No motion or proposition on a subject different from


corporate any that under consideration shall be admitted under color
other pending
bill. of amendment. And no bill or resolution shall, at any


time, be amended by. annexing thereto, or incorporating
therewith, any other bill or resolution pending before the
House.—Rule 48. The latter clause of the:48th rule, as


May contain originally reported to the Houk, contained atthe end of
substance of •
pending bin. it, nor by a.ny proposition. containing the substance; in


whole or in part, of any other bill: OR resolution, pending
before the House." These words were stricken out by
the House before it would. agree to the,rule, by which it
would seem to have been decided that an amendment
containing the substance of another bill or resolution waY
be entertained.—Aotc to Rule 48. [Such, too, has beell
the practice ever since.] It has: been decided. that an
amendment including the same provisions, to a
great extent, as other bills pending before the House,
in order.--journal, 1, 31, p. 1333.


/131ENT)31ENT.
-11


the House, but not within the competence of the Speaker
already agreed to, it is a fit ground for its rejection by order.


If an amendment be proposed inconsistent with one si -sintere ineon-
tnot out of


to suppress as if it were against order.—Manual, p. 108.
On an amendment being moved


., a member who has question,
spoken to the main question may speak again to the sucp, omer zho has
amendment—Manual, p. 108. question may


speak again.A bill granting lands to a State for railroad purposes To bills grant-
ing lamay be amended by adding thereto a similar provision roads.ndsforrail-


for other States.—Journal, 1, 32, pp. 427, 967.
A resolution of the House cannot be amended so as to Of resolutions.


be converted into a Joint Resolution.—journal, 1, 32, p.
679.


No amendment by way of rider shall be received to any By. way of rider
on its third reading.—Rule 126.




it•oeadbitlg.on third
An amendment to the rules cannot be proposed with- To the rules.


ut one day's notice—Rule 145—nor, without a similar
.notice, is it in order to offer an amendment, the effectof
winch is to change a standing rule.—Journal, 1, 17, p.
282. And it is virtually an amendment of the rules to
impose other duties upon an officer of the House than
those already prescribed.—Journal, 1, 31, p. 456,


An amendment reported from the Committee of the
teeFOron I/Ce Titito"Whole. as an entire. amendment is not divisible.—Jour- oalfnate not
di.vats, 1 28 p. 1061; 1 , 29 , pp. 366 , 642; 1 , ,30 p. 1059; 2; CL.,30, p. 574. Nor is an amendment of the Senate divisible.


—Journal, 2, 32, p. 401.
After a bill has been reported from the Committee of Addttkoonalletenr


the Whole with amendments, it is in order to submit an reknit of ole.
additional amendment, but the first question put is upon
the amendments reported.—Journal, 1, 29, p. 865. It; inCommittee of the Whole, an amendment is adopted, and mi


ctvr iere:JP
CM;tbsequently the paragraph as amended is struck out, Whole, Pan-


41kwimendment striking out is the only one to be re- Qp thou strut
Zeel>


Ported to the House. And if the latter is voted down in "L
the Rouse, the first amendment is not thereby revived.
—Journal, 2, 31, p. 346.


Xo appropriations shall be reported in a general appro.
Priation bill, or be in order as an amendment thereto, for
alit' expenditure not previously authorized by law, unless




12 AlIENDMENTS BETWEEN THE TWO HOUSES.
in continuation of appropriations for such public works
and objects as are already in progress, and for the con-
tingencies for carrying on the several Departments of
the Government.—Pule 120. [This rule, so far as relates
to amendments offered, is usually enforced with much
strictness, but an instance is not known where the Com-
mittee of the Whole has ever ruled out any portion of a
bill as reported from the Committee of Ways and Means,
although containing provisions in violation of said rule
where the bill was committed without any reservation


Debate may ho of points of order.]
closed on, with-
out precluding (See APPROPRIATION BILLS.)
farther.


"The House may at any time, on motion seconded by
a majority of the members present, close all debate upon
a pending amendment, or an amendment thereto, !I
cause. the question to be put thereon; and this shalltet
preclude any further amendment or debate upon the bg:-.P
—Rule 132.


strrorg: AMENDMENTS BETWEEN THE TWO HOUSES.greement to ad-
herence. When either house, e. g., the house of Representatives


send a bill to the other, the other may pass it with amend-
ments. The regular progression in this case is: that the
House disagree to the amendment; the Senate insist on
it; the House insist on their disagreement; •the Senate


Erred, of neuie- adhere to their amendment; the House adhere to their
I
r
t
e
o
t
t
/
t
e
s
e
es. 1)3' both disagreement.—(See Manual, pp. 125, 126.)


"After each house shall have adhered to their disagree-
Either house merit, a bill or resolution shall be lost."—Joint BItoolp


may recede.
"Either house may recede from its amendment and


agree to the bill ; or recede from their disagreement to
Motion to recede the amendment, and agree to the same absolutely, or


takes precedence
of motion to in- with an amendment."—Manual, p. 126. And a motion to
silt.


H01180 cannot recede takes precedence of a motion to insist.—Journ"
filgt


oo fr m g 1, 23,p. 229; 1, 29 ,p. 696. "But the House cannot recede
amendment with from or insist on its own amendment with an amendment
amendment, but
may antend other They may modify an amendment from the other
house's amend-
ment. house by iligraftin g an amendment i t."—Manzwl, P.126'
Motion to.amend "A motion to amend an amendment from the other


an amendment of • oTee,
other house. house takes precedence of a motion to agree or disc


APPEAL. 13
A bill originating in one house is passed by the other Ono house may


a enitheenottther'Ith an amendment. The originating house agrees to a/Tli ien(
Iment.heir amendment with an amendment. The other may


agree to their amendment, with an amendment, that being
only in the second and not the third degree ; for, as to
the amending house, the first amendment with which


:y passed the bill is a part of its text ; it is the onlyehxet they have agreed to."—ibid., p. 123.
cl In the ordinary parliamentary course there are two TwocoiMrences


fltelrecansetebefore ad-reeeonferences, at least, before an adherence."--211anua/,
1. 126; Journals, 1, 34, p. 943; 1, 35, p. 1136. Although
either house is free to pass over the term of insisting and jiVtugsTly


hon ' to 4. ;3°•to adhere in the first instance ; but it is not respectful e but1tahespreeedonelse:to the other. Manual, p. 126. A motion to insist, how-
ever, takes precedence of a motion to adhere.—Journal,


'1, 34, pp. 1526, 1518. (See CONFERENCE COm3HTTEES.)




b adherence one House has adhered, the other may recede— ggJournals, 1, 1,pp. 113, 114; 1, 2,p. 152; 1, S, pp. 671, 673
or ask a conference, which may be agreed to by the
adhering house.--Journals, 1, 1, pp. 156, 157 ; 1, 3, pp.
281, '283 ; 1, 35, pp. 604, 615, 620.—(See ADHERE, MO-


' TION TO.)
APPEAL.


"A question of order arising out of any other question Question of .or:
must be decided before that question."—Manual, p. 105.


to be decidedQuestions of order decided by the Speaker shall be oorst.
"subject to an appeal to the House by any two members; dei?");Itl'a°1=1 ore-
on which appeal no member shall speak more than once,
unless by leave of the Rouse."—Rule 2. [The questions of stei,c1tte%u.
order herein referred to relate to motions or propositions,
their applicability or relevancy, &c.—Note to Rule. 2.]




nut a41 incidental questions of order arising after a


de.batable.When' notmotion is made for the previous question, and pending
Rich motion, shall be decided, whether on appeal or other-
WISe, without debate."—Bule 133. [So, too, under thePractice., all questions of order which may arise, pending
a question which is not debatable, must be decided with-:I:tad:eh:I/I:x. 6:d.


"all questions relating to the priority
of business to be acted on shall be decided without





14 APPEAL.


In ease of mem- "If any member, in speaking or otherwise, transgress
bertransgTessing
rules ia speaking the rules of the house, the Speaker shall, or any menthe_


may, call to order ; in which case the member so calk.or indecorum.
to order shall immediately sit down, unless permitted to..
explain ; and the House shall, if appealed to, decide on the


Not debatable. case, but without debate."—Rule 61. [The call to order
herein referred to has reference only to "transgressions
of the rules in speaking," or to indecorum of any kind]


(See ORDER.)
onappeal


point of order
"It' any difficulty arises in point of order during theNO


during a division. division, the Speaker is to decide peremptorily, subject
to the future censure of the House, if irregular."—koz-
ztal, p. 122.


May be laid on An appeal may be laid on the table—Journal, 1 p
table, and its cf.


7 •


tech 529—and being laid on the table does not carry with it
the whole subject.—ibid., p. 530. [Of late years this
motion is almost invariably made in case of an appeal;
and if carried, its effect is considered equivalent to a
vote sustaining the decision of the Chair.]


Where too late It is too late to renew a question• f order on the admis-


tiou of order. sibility of a proposition which has been overruled on the
to raise the clues.


preceding day, where debate has been allowed to progress
on such . proposition.—Journal, 1, 30, p. 989. And it is
also too late to raise a question of order on a motion enter-
tained without objection on a former day, and entered
ou the journal.—/bid., 2, 30, p. 382; 1, 38, p. 538.


Question just A question of order just decided on appeal canna be
not be reneWed. renewed, even upon the suggestion of additional tea-decided on, can.


sons.—/bid., 1, 32, p.935.
latetoo


toreconsidcr vote
Where an appeal has been decided, and by virtue ofWhere


on appeal. such decision a bill taken up and passed, it is too late.to


move a reconsideration of the vote on the appeal.—/ba,
1, 31, pp. 860, 861.


Pendingtheolec- Pending the election of a Speaker, the Clerk shall
Clerk° f toSpgekieL decide all questions of order that may arise, sub


.jeet to
Trims of or- appeal to the House.--Rule 146.


AnorderinNot
vhile another .


m


appeal is not in order whole another appeal is pod-


pending. g.—Cong. Globe, 1, 27, p. 154 ; 2, 29, p. 290.


on, stated.


:


Hew questions [The form of stating the question on au appea isl


APPROPRIATION BILLS.
15


“.Shall the decision of the Chair stand as the judgment
of the House '?"]


“All questions of order shall be noted by the Clerk, otit
ne
tesn aS


with the decision, and put together at the end of the
Journal.


-APPROPRIATION


end of
journal of every session."—Buie 15.


APP BILLS.


"It shall be the duty of the Committee on Appropria-
e eporto


Gbe tnr
eral,


d
en


ti011S, within thirty days after their appointment, at every
session of Congress, commencing on the first Monday of
December, to report the general appropriation bills
for legislative, executive, and judicial expenses ; for
sundry civil expenses; for consular and diplomatic ex-
penses; for the Army ; for the Navy ; for the expenses
Of the Indian Department; for the payment of invalid
and other pensions ; for the support of the Military
Academy; for fortifications; for the service of the Post
Office Department, and for mail transportation by ocean
Steamers; or, in failure thereof; the reasons of such


num. And said committee shall have leave to report G01
.1r. p0


u
id bills (for reference only) at any time. In an time.
ses where appropriations cannot be made specific in Amount of ap-


"k: propriations
1Cmount the maximum to be expended shall be stated, must be stated.
and each appropriation bill when reported from the com-
mittee shall, in the concluding clause, state the sum total
of all the items contained in said bill"—Rule 77.


"In preparing bills of appropriation for other objects,treaties
AAppropriations


the Committee, on Appropriations shall not include appro-


iail
o


oCtoipriations for carrying, into effect treaties made by-the 'ne
l:


nited States; and when an appropriation bill shall be
referred to them for their consideration which contains
appro priations for carrying a treaty into effect, and for
°diet objects, they shall propose such amendments as
shall prevent appropriations for carrying a treaty into
,eitOtt being included in the same bill with appropriations
4)1' other objects."—Ruts 76.


But Where a general appropriation bill. containing But where corn-item f
mitted cannot beor carrying out a treaty has been committed by the ru/ed out ofordor.t[ous6
, it cannot be ruled out of order by the Committee


°, the Whole.—Cong. Globe, 2, 31, pp. 356, 357.


I




10 APPROPRIATION BILLS.


Amendment to "No appropriation shall be reported in such general
general. appropriation bills, or be hi order as an amendment


thereto, for any expenditure not previously authorized
by law, unless in continuation of appropriations for such
public works and objects as are already in progress, and
for the contingencies for carrying on the several Depart.
merits of the Government."—Buie 120. [It has been
decided that under this rule it is not in order to propose
an amendment to a general appropriation bill, which
changes an existing law:—Journal, 1, 38, pp. 598, 599.
But it was also decided that the latter branch of the rule
not only permitted amendments increasing salaries, but


al
,


was framed for that very purpose.—See Cong. Globe, v
54, 1)1).306, 325—also Cong. Globe, vol. 6, p. 224.]


[This rule is rigidly enforced, so far as relates to amend-
ments offered in 'the House or in committee, but it not
unfrequently happens that bills are reported which are
in conflict with it ; and as they are usually received by
the House and committed without being read in extenso,
the conflict is not discovered until they are considered
in committee, when it is too late (unless it is reserved in
the House) to make the point.]


All proceedin
, to b408 "All proceedings touching appropriations of moneyt u hing


first discussed iu shall be first discussed in a Committee of the Whole
Committee of the
Whole. House."—Rule 112. (The construction given to this rule


is, that all bills, or amendments thereto, containing an
appropriation of money, must be committed to a Com-
mittee of the Whole before being considered in the House;
hence, if such a bill, on its engrossment, or third read-
ing, or such an amendment, be pending before the House,
and no motion is made to commit or postpone, the House
must pass from its consideration, and the bill go to the
Speaker's table. But House bills with Senate amend


-ments reducing the amount of, or restricting approPrIa"
tious, need not be committed.]


Bills which need But a bill directing the disbursement of mou,eVarea41,.
r


/
not bocoinmitted
as. appropriated—Jounal, 1, 24S. 254—or directing


of money hereafter to be appropriated—Journal, 1, 31 , ii),;
1210 ; 1, 38, p. 538—need not be committed. Neither
it necessary that a bill containing an appropriatio


pa.ymem


lands should be committed.—Jounua, 1, 30, p. 520.
_iu


APPROPRIATIONS, COMMITTEE ON. 17


enabling the report of a measure to be made, and also Lre
--Oen the rules have been suspended for the purpose of Then point of


nticueilunot


for its consideration, a point of order that it contains an
i ppropriation cannot be well taken.—Journal, 1, 34, pp.


16.11.726 11e1.73'a)."Gen r l appropriation bills shall be in order in pre- Preforeneegiven
ts ral, in the


'Terence Wolweie to any other bills of a public nature, unless othe
ordered by a majority of the House. And the


Souse may, at any time, by a vote of a majority of the madee=r
members present, make any of the general appropriation der at any time.
bills a special order."—Rule 119.


"And in Committee of the Whole House on the state Pre/Time
of' the'Union, general appropriation bills, and, in time of ,:npl°niffeneelo.ar in
war, bills for raising men and money, and bills concern- l.hol .
Mg a treaty of peace, shall be preferred to all other bills,
at the discretion of the committee; and when demanded
by any member, the question (of consideration) shall
first he put in regard to them"—Rule 114. [Existing
special orders, however, (being made under a suspension
of the rules,) take precedence of all other business.]


fin the consideration of general appropriation bills, the beTrae= of, to
Clauses are invariably treated as sections in other bills.] Cons. as sec-


"Upon the engrossment of any bill making a.ppropria- Division of the
tions of money for works of internal improvement of any mien; TilioZ
kind or description, it shall be in the power of any mein- meats.
ber to call for a division of the question, so as to take a
separate vote of the House upon each item of improve-
ment or appropriation contained in said bill, or upon
such items separately, and others collectively, as the
members making the call. may specify; and if one-fifth
Of the members present second said call, it shall be the
duty of the Speaker to make such divisions of the ques-
tion, and put them to vote accordingly.”—Rule 121.


APPROPRIATIONS, COMMITTEE ON.


This committee, to consist of nine members, is directed tesu u m bt
to_appointed


n


eM


e appointe at the commencement of each Congress.—
11


o


4le 74. Its duty shall be to take into consideration all Duties of.
sxecutive communications, and such other propositions111 r


egard to carrying on the several departments of the
BD---2


Yi




18 .AYES AND NOES—BALLOT.
Government, as may be presented and referred to them
by the House. In preparing bills of appropriations for
other objects, the said committee shall not include appro-
priations for carrying into effect treaties made by the
United States; and where an appropriation bill shall be
referred to them for their consideration, which contains
appropriations for carrying a treaty into effect and for
other objects, they shall propose such amendments as
shall prevent appropriations for carrying a treaty hit()
effect being included in the same bill with appropriations
for other objects.—Rule 7G.


It shall also be the duty of the said committee, within
thirty days after their appointment, at every session of
Congress commencing on the first Monday of December,
to report the general appropriation bills for legislative,
executive, and judicial expenses; for sundry civil.*
penses; for consular and diplomatic expenses; for•ft
Army; for the Navy; for the expenses of the Indian de-
partment; for the payment of invalid and other pen-
sions; for the support of the Military Academy ; for
fortifications; for the service of the Post Office Depart-
ment and for mail transportation by ocean steamers; or
in failure thereof, the reasons of such failure. And said
committee shall have leave to report said bills (for refer-


Amon it in ap. ence only) at any time. In all eases where apptOpria.
to be stated. ons cannot be made specific in amount, the maximu


mpropriatiou t
to be expended shall be stated, and each appropriation
bill, when reported from the committee, shall in the con-
cluding clause state the sum total of all the items 'co n


-tained in said bill.—Bute 77.
Reasons to lie In reporting the reasons above referred to, the report


must be in writing.—Covressiona/ Globe, 1, 31, W.reported in writ-
1207, S.


BANKING AND CURRENCY, COM. ON—BAR OF HOUSE.


'elected by a majority of the votes given, the House shall
proceed to a second ballot, in which a plurality shall
prevail; and in case a greater number than is required
to compose or complete a committee shall have an equal
number of votes, the House shall proceed to a further
ballot or ballots."—Rule 67. "In all other cases of ballot
than for committees, 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 ballots shall
be repeated until a majority be obtained ; and in all
ballotings blanks shall be rejected, and not taken into
...he count in enumeration12. of votes, or reported by the
fellers."


"In all cases of ballot by the House, the Speaker shall
veto ispeaker ssca es loi 'f' IIrote:"—Rule 7.


`Wo member or other person shall visit or remain by .1,n"o person to
thetlerk's table while ballots are counting."—Rule 65. while counting.visit Clerk's desk[There has been no instance for many years where a Vote of bite
vote by ballot has been taken in the House, the Speaker by.years not taken
and other officers having been elected by viva voce votes,
and the committees appointed by the Speaker.](See ELECTIONS and COMMITTEES.)


BANKING AND CURRENCY, COMMITTEE ON.


This committee, to consist of nine members, is directed
.Its numbor, and


to be appointed at the commencement, of each Congress.— 1, hen appointed.
Pule 74. Its duty shall be to take into consideration allpropositions relative to banking and the currency as
shall be presented or shall come in question and ber
eferred to them by the House, and to report thereon by


4111 or otherwise.


BAR OF THE HOUSE.


"No member shall vote in any case where he was not
m ithin


Ien iolfedresrnt°1 u
b
vs 1°)i;


the ar."w
`v i thiu the bar of the House when the question was put. "I


'm the roll-call is completed, the Speaker shall state44
any member offering to vote does so upon the as-Sui


that he was within the bar before the last name
on the roll was called : Provided, however, That any mem-


AYES AND NOES.
(See YEAS AND NAYS.)


BALLOT.
'When commit- "All committees shall be -appointed by the Speal`ei'


tees are to be ap
pointed by, unless otherwise specially directed by the Iloose


111
,


which case they shall be appointed by ballot; and
upon such ballot, the number required shall 110 P


19


Its duty.




(See also PRIVATE BILLS AND PRIVATE BUSINESS.)
How bills are Every bill shall be introduced on the report of a com-


mittee, or by motion for leave—Rule 115—or upon the
report of the Court of Claims.—(Stat. at .Large, Vol. X,
pp. 613, 614.)


Revenue bills. "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."—Const.,
1, 7, 10.


-


Bills on leave. "In the case of a bill on leave, at least one day's
notice shall be given of the motion in the House, or by
filing a memorandum thereof with the Clerk, and having
it entered on the Journal ; and the motion shall be made
and the bill introduced, if leave is given, when resolu-
tions are called for ; such motion, or the bill when intro-


In relation to (laced, may be committed. But the Speaker shall not
post routes. entertain a motion for leave to introduce a bill or joint


resolution for the establishment or change of post routes,
and all propositions relating thereto shall be referred,
under the rule, like petitions and other papers, to the
appropriate committee."—Rule 115.


Bills on leave, "All the States and Territories shall be called for bills
introduced. on leave and resolutions every Monday during. eachwhen and how


session of Congress; and, if necessary to secure 00.000
on said days, all resolutions which shall give rise ttydel3ate
shall lie over for discussion, under the riles of the /fogs .
already established ; and the whole of said days sha ll beto all
appropriated to bills on leave and resolutions, uP • -


introduced.


20 BILLS. BILLS. 21
ber who was absent by leave of the House may vote at
any time before the result is announced."—Rule 29.


What is meant
by " within the


[At the 1st session 35th Congress, (see Journal, p. 337,)
bar."




after the occupancy of the present hall, it was
decided that, in order to be entitled to vote, a member
must have been upon the floor of the hall, and not out-


. side of any of the doors leading into it.]
member


N•ot\
:ite,?ifout "Upon a. divisi


on and count of the House on- any
the bar counted. question, no member without the bar shall be counted."—


Rule 30.
BILLS.


the States and Territories are called through. And the
Speaker shall first call the States and Territories for bills
on leave; and all bills so introduced during the first hour ,
after the.


Journal is read shall be referred, without debate,
toitheir appropriate committees:


_Provided, however, That
a bill so introduced and referred shall not be brought
back into the House upon a motion to reconsider."—
Rule 130. (See MORNING HOUR ON MONDAYS.)


[The notice above referred to is rarely given in the
House, (it being in order to give it there only when res-
olutions are in order,) but is usually given to the Clerk
by sending to him a written memorandum in this form :
" Mr. -- gives notice that to-morrow, or on some sub-
sequent day, he will ask leave to introduce a bill (here
insert its title.") If the member desires his notice to




noticehaveToappear in news.appear in the newspaper report of the proceedings of the paper.
House, he should furnish the reporter of such paper with
a copy of the, memorandum furnished the Clerk. Having
given his notice; it is then in order, on any subsequent
day, when bills on leave and resolutions are being called when move
for, and when his particular State is called, to move for
leave to introduce his bill. The practice of introducina Objections tointroducing


pract ofi thells on leave, it may be remarked, however, does not er9,°,(10uOugice mibills on
aeilitate business. If, instead of waiting for an oppor-
unity to introduce, his bill on leave, the member would


kle his petition, or whatever other matter he may have
ill favor of the proposed legislation, and have it referred
to the appropriate committee, as he may do on any day,under Rule 131, (see PETITIONS,) he will thus have the
subject before them, and will get a. bill reported as
speedily as if it had been originally referred. Besides,
the bill thus reported comes before the House unencum-
bered with amendments, as is not likely to be the case
course, do not apply to cases where the immediate pass-
&)Ug for, or where it is desirable to refer it to a select
age of a bill, without the intervention of a committee, is


previously referred. These suggestions, of


inilt?toeiel, nsfeberionaotimi i,EreEgsu.rd to bills reported from a com- lulls
from committees.


reported


Form of notice.




22 BILLS. BILLS. 23


Bills reported So in regard to bills reported from and to be referredfrom Court of to the Court of Claims.—See CLAIMS, COURT OF.Claims,
Every bill shall "Every Ev r bill shall receive three several readings in the


have three read-
ings. House previous to its passage ; and bills . shall be dis-


patched in order as they were introduced, unless Wheie
the House shall direct otherwise ; but no bill shad 'be
twice read on the same day without special order of the
House."—Rule 116. [The " special order " here referred
to is generally assumed to have been given, for unless
objection is made, immediately after the bill is read a first
time, the Speaker announces "the second reading of the
bill," and it thereupon receives its second reading.]


Objection after The first reading of a bill shall be for information, and
first reading. if opposition be made to it, the question shall be : "Shall


this bill be rejected ? "—Rule 117. And this question is
debatable.—Journal, 2, 32, p. 152. - But "if no opposition
be made, or if the question to reject be negatived ., the


Second reading. bill shall go to its second reading without a question."
Rule 117.


Usuallyread by [The three readings off a bill are usually by the title,
their title. the readings throughout usually taking placein Commit


tee of the Whole ; but where there is no commitment, it
then takes place whenever it is proposed to put the , bill.
on its passage. It is the undoubted right, however, of


ltightof araem- any member to have a bill read throughout at every
ber to have read
throughout stage of its progress through the House.—See READING


OF PAPERS.]
After second " Upon the second reading of the bill, the Speaker


reading. shall state it as ready for commitment or engrossment:
and, if committted, then a question shall be, whether to a
select or standing committee, or to a Committee of the
Whole House ; if no motion be made to commit, the ques-
tion shall be stated on its engrossment; and if it be not
ordered to be engrossed on the day of its being reported,
it shall be placed on the general file on the Speaker,'
table, to be taken up in order. But if the bill be Ord0t,,
to be engrossed, the House shall appoint the day wileu
it shall be read the third time."—Rule 118.


Open to debate, [The settled practice of the House upon the s
&c. reading of a bill, unless it be an Armor RIATIOI\


BIDD1


(which see,) is to consider it as open to debate,] when,
under the 42d Bute, it is in a condition for a motion to Commitment-
lie on the table, for the previous question, to postpone
toa day certain, to commit or amend, to postpone inde-
finitely, which several motions take precedence in the
order in which they are arranged. "But a motion to n:aginfgr=7.
strike out the enacting words of a bill shall have prece- out.
deuce of a motion to amend; and, if carried, shall be
considered equivalent to its rejection."—Rule 123. (See
all of said motions respectively.)


[The question of engrossment is put in this form, viz :i=gand
"Shall the bill be engrossed and read a third




?"third
If


it be negatived, the bill is rejected; but if it be decided
iu the affirmative, and the bill is actually engrossed, or
no question is made on its failure to be engrossed, the
Speaker immediately directs "the third reading of the
bill." But if the question is made, and it be not actually
engrossed, the bill goes to the Speaker's table. In the
case of a Senate bill, the engrossment having already Third reading
been made before it came to the House, the question of Senate bills.
01,ch arises is, "Shall the bill be read a third time P
which being decided negatively the bill is rejected, but
being decided affirmatively the bill is immediately read
a third timed


[Where the bill has a preamble, although there is no Li me of a bill
rule, and until lately no settled practice, defining the stage with a preamble.


'!at which it is to be considered, it would seem to be most


.the b ill has been ordered to be engrossed, and read a third


course,
time, and, before the third reading takes place. By this


riate that its consideration should take place after


the. bill can be engrossed either with or without
the preamble, as the House shall have determined.]


[After the third reading of a bill, the question which A ftcr third read-
next arises in course is, " Shall the bill pass`?" At this ing.
stage the bill is again open to debate, but is not amend-
able; it may, however, under the 124th Rule, be recom- Recommitment.


Debate.


nutted at any time before passage.—(See RECOMMIT,MOTION DD.)]
[Tile bill having passed, and the title having been


read, the Speaker states, "If there be no objection this


1


Amendment.


After passage.




bill.]
ClCerafinetl takig The bill is then, as required by Rule 127, "certified by
to the Senate. the Clerk, notifying the day of its passage at the foot


thereof," and conveyed by him to the Senate, " together
with all the papers on which it is founded," as required


Not to be taken by Joint Rule 14. But "no bill that shall have passed
111SL three days of one house shall be sent for concurrence to the othe'r onto the Senate on
session. either of the last three days of the session."—Joint Rule


16. [This rule is almost invariably suspended by the
two houses near the close of a session.]


To be on paper, "While bills are on their passage between the two
between the tnNc• houses, they shall be on paper, and under the signaturewhen on passage
houses. of the Secretary or Clerk of each house respectively."


Joint Rule 5.
After the re- [After the bill has been acted on by the Senate, it is


ate, with amend- brought back to the House by the Secretary of the Se p -turn -of, from Son
went. ate, together with a report of their action thereon. If


it has passed with amendment, it is placed on. the Speak-
er's table, to be taken up in its order under the 54th
Rule.


Action on Sen. When taken up, the amendment of the Senate may he
to. either agreed to; disagreed to, or agreed to with lunen


d-ate amendment
ment ; in case of au appropriation of money being involved
in the amendment, however, it must be first considered
in a Committee of the Whole.


When the Seu- If the amendment of the Senate is agreed to, that body
amendment is


agreed to. is notified of the fact by message through the Clerk, midate
the bill is enrolled.]


BILLS.
25


In case of disagreement by the House to, or amend- b Amendments
went of, the Senate's amendment, see AMENDMENTS I: Leer "
BETWEEN THE HOUSES and CONFERENCE COMMITTEES. A4


"After a. bill shall have passed both houses, it shall by tte:it rossagobe duly enrolled on parchment by the Clerk of the House to be enrolled
of Representatives or the Sec retary of the Senate, as the parchment
ill may have originated in the one or the other house,


Wore it shall be presented to the President of the United
States?'—Joint Rule 6.i


"When bills are enrolled, they shall be examined by When enrolled,
to be examined.a joint cominittee 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 errors that may be dis-
covered in the enrolled bills, make their report forthwith
to their respective houses."—Joint Rule 7. -


(See ENROLLED BILLS, COMMITTEE ON.)
"After examination and report, each bill shall be signed


...WI hcji I exam:in their respective houses, first by the Speaker of the p' ot(ited to lifor
Rouse- of Representatives, then by the President of the ginnaksgne(
enate."—joint Rule 8.
"After a bill shall have been thus signed in each house, sigAnfetr by ih)g7


.
gen
,itsha•l be presented by the said committee to the PreSillni.ngonnatsopresbo


t of the United States for his approbation, it being ident.
`-first indorsed on the back of the roll, certifying in which
house the same originated; which indorsement shall be
signed by the Secretary or Clerk (as the case may be) of
the hotise in which the same did originate, and shall be
entered on the Journal of each house. The said com-
mittee shall report the day of presentation to the Presi-
dent, which time shall also be carefully entered on the
Journal of each house."—Joint Rule 9. But "no bill or Butisciotssonnlastresolution that shall have passed the House of Repre-


of io
sentatives .and the Senate shall be presented _to thePresident of the United States for his approbation on
_t.he last day of the session."—Joint Rule 17. [This rule,111iliceetizi 1, is generally suspended near the close of


24 BILLS.


Title. will remain the title of the bill." The title, however, is
subject to amendment, and, unless the previous question
is ordered on it, is also debatable.]


After titlo [After the title is disposed of, it is usual for the mem-
posed of. ber having charge of the bill to move" that the vote last


taken be reconsidered, and that the motion to reconsider
be laid on the table ; " which latter motion having been
decided in the affirmative, no reconsideration can take
place, and the transmission of the bill to the Senate eau.
not be delayed. Indeed, it is not uncommon to make


Motion to re- the motion. "to reconsider and lie" at every stage of the
consider and lie.




26 BILLS.


. AfterbeingprO• After a bill is presented to the President, " if he approve
vantte.d to. Presi. he shall sign it; but if not, he shall return it, with his


objections, to that house in which it shall have origi.
Where bill 18 nated."—Const., 1, 7, p. 10. [Where the President .ap.


proves a bill, it is customary for him to notify the house
where the bill originated of the fact, and the date of his
approval, which is entered on the Journal.]


When an act has been approved by the President the
usual number of copies shall be printed for the use of
the House.—Rule 157. And messages from the Presi-
dent giving notice of bills approved shall be repeated
from the Clerk's desk forthwith.—Rule 158.


Where vetoed. In case of a bill returned with the objections of the
President, see VETO.


Where not re- "If any bill shall not be returned by the President
turned within ten
days. 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.”—Cmst., 1, 7, p. 10. Where a bill is
allowed to become a law by reason of the failure, of the
President to return the same, it is usual for him to notify
the House of that fact, as in the case of apprOval.—


Whero Presi. Journals, 2, 36, pp. 424, 480 ; 2, 39, p. 479. And wheredent is prevented
from returning he is prevented by an adjournment from returning a bill,
journmeut• it is usual for him to communicate his reasons for notby reason of ad-


approving it at the next session.—Journals, 2, 12,p. 544;
1, 30, p. 82; 2, 35, p. 151.


Where bill of "When a bill or resolution which shall have passed in
jetted in the one house is rejected in the other, notice thereof shall beono house is re.
other. given to the house in which the same shall have passed."-,-


t° b° Joint Rule 12. And when so rejected, "it shall not be
without leave of brought in during the same session, without a notice ofbrought ill again


ten days and leave of two-thirds of that house in.whiehtwo.thirds.
it shall be renewed." Joint Rule 13.


Iiiusundisposed In regard to bills left undisposed of at the end of a
of at end of ses-
Mon• session, see UNFINISHED BUSINESS.


Printing of




In regard to the printing of bills, see PRINTING, Pc113•
LIC.




BINDING—BLANK BOOKS—BLANKS—BOND.
27


BINDING.


Extra copies of documents, the size of which shall Of extra copies
-et be less than 250 pages, shall be bound under the of druments
,ftection 'of the Committee on Printing on the part of
lie House, at a cost not exceeding 121, cents per vol-
`file—Act of March 3, 1853.—Stat. at Large, Vol.


x.190.
"The Clerk shall have preserved for each member of .Oleflession doe-


ihe House an extra copy, in good binding, of all the doc-
:iinents printed by order of either house at each future
session of Congress."—Rule 18.


Ay the joint resolution of June 23, 1860, the Superin- ofstga,iegiienntt.
3endent of Public Printing is directed to have the binding in loto have exe-
of each house executed.—Stat. at Large, Vol. XII; p. 117 eu


d


to 120.
(See PRINTING-, PUBLIC.)


BLANK BOOKS.


All the blank books ordered by Congress, or by either To befurnished
House of Congress, shall be done and executed under the ell Suorrilttue4k1110-
Superintendent of Public Printing.•Stat. at Large, Vol. Printing.
AU, p. 118. •


BLANKS.


fill ing
up blanks, the largest sum and longest time How filled.


shall be first put."—Rule 50. [But where a specific time
or sum stands part of a motion, it is not until it is struck
out, to


and operate.]
"A


thereby produced, that this rule can


"A bill passed by the one House with blanks. These fill
e d
l4ft ibuyr, ono


Italy be filled up by the other by way of amendments, by thmither.returned to the first as such, and passed."—Manual,1.1
"In all ballotings blanks shall be rejected, and not Notto




LII:eu into the Count in enumeration of votes, or reported


be count-


bY the tellers."—Rule 12.


ed ballotings.


BOND.


The Sergeant-at-Arms shalla.. give bond, with surety, Of Sergeant-at.to the United States, in a sum not less than five nor Arms.


approved.




2S BOOKS—BRIBERY.


more than ten thousand dollars, at the discretion of
the Speaker, and with such surety as the Speaker may:
approve, faithfully to account for the money coming into
his hands for the pay of members."—Ride 26.


Of Clerk. The Clerk shall, within thirty days after he enters upon
the duties of his office, give bond to the United States,
with one or more sureties, to be approved by the Comp.
troller of the Treasury, in the penal sum of twenty thou-
sand dollars, with condition for the faithful application
and disbursement of the Contingent fund of the House.”-__
Stat. at Large, Vol. III, p. 212.


BOOKS.


Price of, re. "If any books shall hereafter be ordered to and re-


tecir tobybemoge.: ceived by members of Congress by a resolution of either




ion. or both houses of Congress, the price paid for the samepensatp
eeled from com.


shall be deducted from the compensation provided for
such member or members: Provided, however, That this
shall not extend to books ordered to be printed by the
Public Printer during the Congress for which the sai
member shall have been elected."—Stat. at Large) V
XI, p. 49.


BRIBERY.


Attempted, of An offer to bribe a member is held to be a breach of


of p
ber, geb,reach the privileges of the House.—Journals 1, 4, p.


389; 1
rivile


m m


15, pp. 117, 154; Manual, p. 59.
Of members of By the act of February 26, 1853, it is provided " that


Congress. if any person • or persons shall, directly or indirectlY)
promise, offer, or give, or cause .or procure to be prom-
ised, offered, or given, any money, goods, right in action,
bribe, present, or reward, or any promise, contract, under-
taking, obligation., or security for the payment or deliv-
ery of any money, goods, right in action, bribe, present,
or reward, or any other valuable thing whatever, to A"
member of the Senate or House of Representatives, after
his election as , such member, and either before or after
he shall have qualified and taken his seat, or to any office,'
of the United States, or person holding any place of pro0.
or trust, or discharging any official functions under


BUSINESS—DAILY ORDER OP.


e"connection with any department of the Government a
le United States, or under the Senate Pr House of Rep-
eSeritatives of the United States, with intent to intln- of


eroployds of
efface his vote or decision on any question, matter, cause,


.


1 Holm.


6r proceeding which may then be pending, or may by law,
der the Constitution of the United States, be brought


holbre him in his official capacity, or in his place of trust
or profit, and shall be convicted thereof, such person or
1ie .rsons SO offering, promising, or giving, or causing or
rocuring to be promised, offered, or given, any such
ioney, goods, right in action, bribe; present, or reward


Or any promise, contract, undertaking, obligation, or
Curity for the payment or delivery of any money, goods,


`gilt in action, bribe, present, or reward, or other vain-
'We thing whatever; and the member, officer, or person Acceptance of
ho shall in any wise accept or receive the same, or any bribes.
art thereof, shall be liable to indictment, as for a high
me and misdemeanor, in any court of the United States


&Wing jurisdiction for the trial of crimes and misdeinean-
Mt,..and shall, upon conviction thereof, be fined not ex-
Veiling three times the amount so offered, promised, or


en, and imprisoned in a penitentiary not exceeding
liree years; 'and the person convicted of so accepting or
Oeeiving the same, or any part thereof, if an officer or
;arson holding ally such place of trust or profit as afore-
id, shall forfeit his office or place; and any person so
eliyieted under this section shall forever be disqualified
O hold any office of honor, trust, or profit under the
'cited States."—Stat. at Large, Vol. X, 17 1.


BUSINESS—DAILY ORDER OF.


" The Speaker shall take the chair every day precisely
rualJoit eadig of theat the hour to which the House shall have adjourned on


the Preceding day ; shall immediately call the members
LO order ; and, on the appearance of a quorum, shall
c


ause the Journal of the preceding day to be read."—
.11/e




"The consideration of the unfinished business in which Unfinished bnsi-
the R


ouse may be engaged at au adjournMent shall be ZSCoOfiggreCdtln.
l'esillued as soon as the Journal of the next day is read,


29


Penalty for.




30 BUSINESS—DAILY ORDER OE.


and at the same time each day thereafter until disposed
of."—Rule 56.


Reports of com- "As soon as the Journal is read, and the un (Thisbe
ittees called tor. business in which the House was engaged at the las:


preceding adjournment has been disposed of, repox't,$
from committees shall be called for and disposed of;
doing which the Speaker shall call upon each standing
committee in regular order, and then upon select coin-
mittees ; and if the Speaker shall not get through the
call upon the committees before the House passes to
other business, he shall resume the next call where he•
left off—giving preference to the report last under
sideration : Provided, That whenever any committ4
shall have occupied the morning hour on two days,: it
shall not be in order for such committee to report fur-
ther until the other committees shall have been called
in their turn. [But this proviso does not prevent the
House from occupying the morning hour on more than
two days in the consideration of a report previouSly
inaded—Ride 51.—(See MORNING HOURS ON MONDAYS:)


Call of States "Reports from committees having been presented and
for resolutions disposed of, the Speaker shall call for resolution'sfromand Territories
anal ou leave. the members of each State and.delegatO from each Ter-


ritory, beginning with Maine and the Territory last
organized, alternately ; and they shall not be debated on
the very day of their being presented, nor on ally day
assigned by the House for the. receipt of resolutions,
unless where the House shall direct otherwise, but shall
lie on the table to be taken up in the order iii which
they were presented ; and if on any day the whole of the
States and Territories shall not be called, the Speaker
shall begin on the next day where he left off the pre-
vious day : Provided, That no member shall offer more
than one resolution, or one series of resolutions, all
relating to the same subject, until all -the States andBID (1.1;01,t.Territories shall have been called."—Rule 52.
this time bills on leave may be introduced.


Business on the "After one hour shall have been devoted to reports
Speaker's table. • order?from committees, and resolutions, it shall be. in


pending the consideration or discussion thereof, to & tel.


BUSINESS—DAILY ORDER OE.


fain a motion that the House do now proceed to dispose
of the business on the Speaker's table, and to the orders
of the day, which being decided in the affirmative, the
Speaker shall dispose of the business on his table in the
following order, viz :


"1st. Messages and other Executive communications.
"2d. Messages from the Senate, and amendments


proposed by the Senate to bills of the House.
"3d. Bills and resolutions from the Senate on their


first and second reading, that they be referred to com-
mittees mid put under way ; but if, on being read a sec-
bud time, no motion being made to commit, they are to


:he ordered to their third reading, unless objections be
made; in. which case, if not otherwise ordered by a
majority of the House, they are to be laid on the table
iu the general file of bills on the Speaker's table, to be
taken up in their turn.


"4th. Engrossed bills and bills from the Senate on
their third reading.




"5th. Bills of the House and from the Senate, on the
Speaker's table, on their engrossment, or on being
ordered to a third reading, to be taken up and consid-
ered in the order of time in which they passed to a sec-
ond reading.


"The messages, communications, and bills on his table
having been disposed of, the Speaker shall then proceed
to call the orders of the day."—Rule 54.


[The foregoing is the order of business which may be May _be inter-
Pursued, under the rules, each day, except Fridays, Sat- fared
urdays, and Mondays; but it is often interfered with byquestions of privilege, special orders, privileged ques-
tions, &c.j


"Friday and Saturday in every week shall be set(t)x) Friday
apart for the consideration of private bills and private


s
u/ajor`cp


roreq.


business, in preference to any other, unless otherwise m " ogsedet
ermined by a majority of the House."L--Bule 128.[On those days, as soon as the Journal is read, and the


nufinished business of the last private-bill day is dis-
for reports


e d
fo the Speaker proceeds to call the committees


a private nature, which being disposed of,


,31




32 BUSINESS—DAILY ORDER OF.
it is his practice, without motion, to lay before the House
such private business as may be upon his table. It 16
then usual for some member (commonly the chairman of
the Committee of Claims) to move that the House resolve
itself into a Committee of the Whole on the private cal-
endar. This motion may be, and often is, inade.as soon
as the Journal is read. Although it takes precedenc.e.ol.
the motion to go into Committee of the Whole on the
State of the Union, (unless there be a special order pend-
ing therein,) and, if made, must be first voted on, the
latter motion is often made and carried, and thus private
bills fail to receive consideration.]


Firstand fourth " On the first and fourth Friday and Saturday of each
Fridays and Sat-
urdays of the month the calendar of private bills shall be called oven
month.


4(the chairman of the Committee of the Whole Ilotiter,
commencing the call where he left off the previous day,)
and the bills to the passage of which no objection shall
then be made shall be first considered and disposed of.
But when a bill is again reached, after having been once
objected to, the committee shall consider and dispose of
the same, unless it shall again be objected to by at least
five members."—Rule 129. It has been decided'$
this rule, so far as relates to the consideration Of, JIls




only which are not objected to, applies as wAli to
private bills in the House as in committee.—Jounteil, 1,
31, p. 697.


On Monday,eall "All the States and Territories shall be called for bills
for resolutions
and bills on leave. on leave and resolutions every Monday during each ses-


sion of Congress; and, if necessary to secure the object
on said days, all resolutions which shall give rise to
debate shall lie over for discussion, under the rules of
the House already established ; and the whole of -said
days shall be appropriated to bills on leave and resol u


-tions, until all the States and Territories are called
through. And the Speaker shall first call the States and
Territories for bills on leave ; and all bills so introduced
during the first hour after the Journal is read shall lie
referred, without debate, to their appropriate coannuic


soutees: Provided, however, That a bill so introduce(
1


referred shall not be brought back into the House upo




BUSINESS—ON THE SPEAKER'S TABLE. 33
..,


a motion to reconsider. And on said call joint resolu- s Resolution of
tions of State and Territorial legislatures for printing and tIlies. legisk"
reference may be introduced."—Rule 130.—(See MORN 4
ING HOUR ON MONDAYS.)


On Monday of every week, at the expiration of one on every Mon-
day, after oneour after the Journal is read, or earlier if the call of kom has expired.


- 'tates and Territories for bills and resolutions is con-
e:laded, the Speaker may entertain a motion to suspend


. ,the rules.—Ruie 125.
"The order of business, as established by the rules, Oyd eero. business


shall not be changed, except by a vote of at least two-T-e'..ti,IT(isggt.y
thirds of the members present"—Rule 145.


BUSINESS—ON THE SPEAKER'S TABLE.


"After one hour shall have been devoted to reports When motion
may be made toitoixi committees and resolutions, it shall be in order, go io.


pending the consideration or discussion thereof, to enter-


1
tain a motion that the House do now proceed to dispose
of the business on the Speaker's table."—Rule 54. [The
" hour"—known as the " morning hour"--is construed to When
begin from the announcement by the Speaker to the




s.hour begin


..-ITOttSe that reports of committees are in order, and it is
•not necessary that resolutions shall have been called for.
It is an invariable practice, too, to permit a member,


Amp, the expiration of the morning hour, take to the


morning


floor,


table.] lion.
though another may be occupying it, to tolTeirfroTay be


make the motion to proceed to business on the Speaker's ber to man e memo:
t


"The motion to go to business on the Speaker's table Orderof dis-being decided in the affirmative, the Speaker shall dis-- Posin g


f


Pose of it in the following order, viz:
"1st. Messages and other Executive communications.
"2d. Messages from the Senate, and amendments pro-Posed •


by the Senate to bills of the House.


41


1


,. " 3d. Bills and resolutions from the Senate on theirBrat and second reading, that they be referred to coin-ittees and put under way;
• but if, on being read a secondNI


e
order l( t o their third reading; to commit, they are to be, cl in unless objection be made;e /ni I ,: ,vI,/ku case, if not otherwise ordered by &majority of


-:13 D--3




CALL OF THE HOUSE.


rum may be au- mya
auditor-


thorized to cow,
number than a quorum of each. house " be


pel attendance.


Lesstbananno• By the Constitutio n of the United States a wailer


CALL OF THE HOUSE..


the House, they are to be laid on the table in the general
file of bills. on the Speaker's table, tube taken up in their
turn.


"4th. EngTossed bills and bills:. from the Senate on.
their third reading.


"5th. Bills of the House and from the Senate on the
Speaker's table, on their engrossment,. or on being or-
dered to a third reading,. to be taken up. and considered
in the order of time in which they passed to a second
reading.


"The messages, communications, and bills on his table
having been disposed of, the Speaker shall then proceed
to call the orders of the day"—Rule 54.


Weekly state-
"The Clerk shall make a weekly statement of the reso-


ment of, on table. lutions and bills upon the Speaker's table."—Ru le 19. [A
printed copy of this. statement is laid upon each mem-
ber's ta,ble.every Monday morning.]


DUSINESS-411NFINISHED AT END OF A. FIRST SESSION.


resolu-
"After six days from the commencement of a second


to be resumed al-
or subsequent session of any Congress, all bills, resolu-tions, and reports


tor six days. lions, and reports, which originated in the House, and
at the close of the next preceding session remained unde-
termined, shall be resumed and acted on in the Sallie.


Before commit-
manner as if-au adjournment had not taken place. And


sumed as though
all business before Committees of the House at the end.tees, to be re-


no adjournment. of one session shall be resumed at the commencement Q.
the next session of the same Congress, as if no adjoi "
meat had taken place."—Buie 136. :r1f


[And by the 21st Joint Rule the resumption of all undi*
posed-of bills, resolutions, mid reports, which originated
in either house, is in like manner provided for. The word
",


resolutions" in the foregoing rule has been invariably
held to apply to "Joint Resolutions" only.]


CALLS ON THE PRESIDENT AND DEPARTMENTS.


(See PRESIDENT and EXECUTIVE DEPARVIENTS')


• CALL OF THE HOUSE.


zed to compel the attendance of absent members, in
such manner and under such pooh-les as each house may


irovide."—Const., 1, 5, P. 8.
"Any fifteen members (including the Speaker, if there Fifteen mem-


bers authorized
'e one) shall be, authorized to compel the attendance of to compel attend-


eabsent members."—Rule 34. But where less than that n butnot less.
number are present a motion for a call cannot be enter-
tained.—Journal 1, 28, p. 885.


"A call of the, House shall not be in order after the Unless no quo-
, rum, not in orderiprevious question is seconded,. unless it shall appeal, after pre nous


*.on an actual count by the Speaker, that no quorum is gide' s"-
present."—Bute 132.


A call of the House may be moved before the Jour- In order before
present.—Journal,


pialquo"nal is read, if no quorum is present.—Jonal, 1, 34, /)
"Upon calls of the House, the names-- of the members Proc eedings in


shall be called over (alphabetically—Rule 35) by the ease •
Clerk, and the absentees noted. After which the -names t"


vim


to be calledt
of the absentees shall again be called over. The doors Door shut,
sh4lt then be shut, and those for whom no excuse or :Excuses re-
instAcient excuses are made, may, by order of those. 'ived'Order for arrest
present, if fifteen in number, be taken into custody as." absentee's,
they appear, or may be sent for and taken into custody
wherever to be found, by special messengers to be ap-
pointed for that purpose."—Rule 36.
• [The order of arrest is not usually made liy the House Order of arrest,
unless a quorum cannot otherwise be obtained; and upon made.usually
the appearance of a quorum, a motion is usually made
and carried that "all further proceedings in the call be c an may _bo


atexOisliOnsed with;" and this motion is held to be order (ani7tiino. with
at any period of the proceedings. The order for arrest
is usually in this form, viz • "That the Sergeant-at-Arms Form of order
take into custody and bring to the bar of the House, of arrest'


ts_leh theof its members as are now absent withou thleavef 'tie Rouse and, upon its adoption, a warrant, under Issue of war-
,tke band and seal of the Speaker, and attested by the rant.


elelk • With a list of the absentees thereto attached, is
li"led iately placed in the hands of the Sergeant-at-Arms.
ljlion his appearance with members under arrest, lie is


`'` Iceu at the bar of the- House by the Doorkeeper, Return of war-
rant.


35




36 CAPITOL.


whereupon he makes his return. The membersbrought.
Arraig-nmentof in by him are then severally arraigned by the Speaker


absent members. and interrogated by him as to what excuses they may
have to offer for being absent from the sitting of the
House without its leave.]


House to ater- " When a member shall be discharged from custody
mine as to pay-
ment of fees- and admitted to his seat, the House shall determine


whether such discharge shall be with or without paying
fees; and in like manner, whether a delinquent member,
taken into custody by a special messenger, shall or shall
not be liable to defray the expense of such special Ines-


Foes against
delinquent MOM- senger."—Rule 37. In regard to the fees of Sergeant-at-
bets. Arms and special messenger, see SERGEANT-AT-ARMS.


member must 'Until a member has paid the fees assessed against him,
reYeatfle el,e bre, feZ. he is not at liberty to address the Chair or make a ques
nized. tion of order.—Journal, 1, 36, p. 1025.


Recess not in It is hot in order for the House to take arecess during
order during.








a call of the, House.—Journal, 1, 26, p. 843. [Indeed, no
Only to adjourn motion, except to adjourn or with reference to the call,


orwith reference
to cal is ever entertained during a call.] •l. .


By an adjourn- [By an adjournment pending a call all proceedings in
molt proceedings
in,ordivarily fall. the call are terminated ; but where the House has pre-


viously passed an order specially directin g otherwise, such
special direction should doubtless be executed.—See
Journal, 2, 27, p. 672.]


CAPITOL.


Speaker hascon- " The unappropriated rooms in that part of the Capitol
trol over hall and
other rooms. assigned to the House shall be subject to the order anddisposal of the Speaker until, the further order of file


House."—Rule 5. The Speaker shall also "have a ge
eral direction of the hall Y—Rule 5. And "no person
shall be permitted to perform divine service in the cham-
ber occupied by the House of Representatives unless with


Hall not to be the con of the Speaker."—Ruie 6. The hall of the
used except for ,
legitimate busi- house .shall not be used for any other purpose than the
IICS8.


)eakm
legitimate business of the House, nor shall the Si
entertain any proposition to use it for any other purpose
or for the suspension of this rule: Provided, That se
shall not interfere with the performance of divine


tbl:


CAPITOL, 37
. vice therein under the direction of the Speaker, or with


:ithe use of the same for caucus meetings of the mem-!
''hers, or upon occasions when the House may, by resolu-
tion,agree to take part in any ceremonies to be observed


Iherein.—Rule 155.
No spirituous or malt liquors or wines shall be offered


for sale, exhibited, or kept within the Capitol, or in any T giounnds
room or building connected therewith, or on the public


luS,00pirituom it lii
r.


grounds adjacent thereto.. And it shall be the duty of2,
the Sergeant-at-Arms of the two houses, under the super-


-'vision of the presiding officer thereof, respectively, to
enforce the foregoing provisions.. And any officer or
omploy6 of either house who shall in any manner violate
r+onnive at theNiolation of this rule shall be dismissed
rom office.—joint Rule 19.
By the act of Congress of May 2, 1828, Stat. at Large, The Vice-Pres-
ol. IV, page 266, the Commissioner of Public Buildeilb)io


- igip'elter". pre-
s,ccr n ”r affilgs is directed to take charge of and superintend the


.-'public buildings : "And it shall be the duty of the Coln- gx."c1:18t,
ule s


"oot,,,iun.
missioner of Public Buildings to obey such rules and ELuseil'. of either
regulations as may, from time to time, be prescribed,
jointly, by the presiding officers of the two houses of


VOngress, for the care, preservation, orderly keening,
'and police of all such portions of the Capitol, its appur-
tenances, and the inclosures about it, and the public
buildings and property in its immediate vicinity, as are
not in the exclusive use and occupation of either house
of Congress ; that it shall also be his duty to obey such Speaker to con-
ru1eS and regulations as may be, from time to time, pre- of that pkaeWio7,i rlot Imo of thescribed by the presiding officer of_ either house of Con-
.less for the care, preservation, orderly keeping, and
PsOpliicAeicoEfit.t)hose portions of the Capitol and its appurte-
nances which are in the exclusive use and occupa-
tion of either house of Congress, respectively."—(See


By the act of March 2, 1867, the office of Commissioner Chief engineerOf Public Buildings is abolished, and the Chief Engi- to have charge of.Meer of the Army is directed to perform the duties
Noire(' of said Commissioner ; and the appointment Ponce of, to be


aapepanoi,itci ill,g1 7..
of the police of the Capitol is conferred upon the Ser-




38 CHAIR.


geants-at-Arms of the two houses.—Stat. at Large, 2, 39,
p. 466.


Also, certain By the act approved March 30, 1866, the Sergeants-at-
watchmen.


• Ar s of the two houses are authorized to appoint the
eight watchmen on the dome, at the stables, the gate-
keeper, and watchmen of the grounds surrounding the


Rules and reg. Capitol, also three additional watchmen. And said .Ser.
ulationsinregard
t . geants-at-Arms are also authorized to -uniform and arm


the Capitol police and watchmen, and to make such rules
and regulations as they may deem necessary to , preserve
the peace and secure the Capitol from defacement, and
for the protection of the public property therein ; and.
shall have power to arrest and detain any person violat-
ing said rules until such person can be brought before
the proper authorities for trial, without further order of
Con gress.—Sess. Laws, 1 ., 40, pp. 270, 271. .


No statuary, By the act of July 20, 1868, it is provided that no
ae ioint ign g s4; to trei: statuary, paintings, or other articles, the property of


rate individuals,
to be exhibitedin. private individuals, shall thereafter be allowed to be


exhibited in the rotunda or any other portion of the
Capitol building.—Sess. Laws, 2, 40th Congress, p. 82:


Improvements, By the act of July 20, 1868, it is provided that no
repairs, .See.. of,
can only be made improvements, alterations, or repairs of the Capitol
by direction of building shall be made, except by direction and underarchitect,


the supervision of the architect of the Capitol exten-
sion.—Sess. Laws, 2, 40th Congress, p. 88.


CHAIR.


Speaker may "The Speaker shall have a right to name any member
IgiLer


peon to to perform the duties of the Chair, but such substitution
shall not extend beyond an adjournment."—Bu te 5.


(See SPEAKER PRO TEMPORE.)
CHAIRMAN OF A STANDING COMMITTEE.


(See COMMITTEES.) •
.CHAIRMAN OF COMMITTEE OF THE WHOLE.


Appointed by A chairman to preside in Committee. of the whole


CHAPLAINS—CLAIM AGENTS. 39


in case of any disturbance or disorderly conduct there-
in, Rule 9.


rfe is also authorized to administer oaths or affirina- May administer
tions to witnesses.—Stat. at Large, Vol. I, p. 554.


(See also COMMITTEES OF THE WHOLE.)
CHARGE UPON THE PEOPLE.


proposition"No motion or proposition for a tax or charge upon fon topr
the people shall be discussed the day on which it is made


.cited on tile
or offered, and every such proposition shall receive its be coeninilers'
first discussion in a Committee of the Whole."—Rule 1:10.


CHAPLAINS.


ElecThe practice, which had prevailed for several years,
chaplains


tion df
Of the election by each House of a chaplain, who should pensedwith.
Open their daily sessions with prayer, alternating weekly
between the House and Senate, was suspended during
the 35th Congress. At the first session of that Con-.
gress, a resolution was adopted by the House, which
directed " that the daily sessions of that body be opened
with prayer, and requesting the ministers of the gospel Clergymen gen.


a tvin this city to attend and alternately perform this solemn ac tin
-


a inviteI


duty."—Journal, 1, 35, p. 58. The clergymen of Wash-
ington generally responded to this request, and for the
remainder of the Congress performed the duty of chap-


Elains. At the first session of the 36th Congress, the election re-ion of,
old practice of the election .of a chaplain by each House V V
was revived, and it was at that time decided that a
proposition to proceed to such election presented .a
question of privilege.—Journal, 1, 36, pp. 442, 443.


CLAIM AGENTS.


"No person shall be an officer of the House, or con- House cm.
thane in its employment, who shall be au agent for the nleoy6s shall not
prosecution of any claim against the Government., or be
interested in such claim otherwise than as an original
clailllant."—Rute 140.


!e
" No stenographer or reporter shall be admitted to the Stenographers
porters' gallery, or, if admitted, be suffered to retain andreporteasalso


his seat, if he shall be or become an agent to prosecute lug'
1m y claim pending before Congress."—Bule 135.


the Speaker. shall be appointed by the Speaker.—Buie 105.
May cause gal. The chairman of the Committee of the Whole gull!


aeries to
te be have power to order the galleries or lobby to be &area




40 CLAIMS, COMMITTEE OF—CLAIMS, COURT OF.


employes pro.
hibi


t
ed by law claim agents for compensation paid or to be


from ac officers and employes of the House are prohibited fromtin. as.
Slembers and Members of Congress are prohibited frompaacitdi7alaitsi


acting as claim agents, either with or without compel',
sation, under the penalty, in either case, of a fine not
exceeding five thousand dollars, or imprisonment in the
penitentiary not exceeding one year, or both, in the dis-
cretion of the court.—Stat. at Large, Vol. X, p. 170.


CLAIMS, COMMITTEE OF.


Then to be ap• A Committee of Claims, to consist of nine members,
what number. shall be appointed at the commencement of each Con .pointed, and of „


gress.—Rude 74.
Duties of. "It shall be the duty of the Committee of Claims to


take into consideration all such petitions and matters or
things touching claims and demands on the United States
as shall be presented, or shall or may come in question,
and be referred to them by the House, and to repprt
their opinion thereupon, together with such propositions
for relief therein as to them shall ,seem expedient."
Rule 78.


Authorized to The Committee of Claims is authorized by resolution.
of February 18, 1843, to employ a clerk.—Journal 3,27,employ a clerk.
p.399. .
CLAIMS, COURT OF.


zareport to By the act of 24th February, 1855, it was provided
that "the Court of Claims shall keep a record of their


b


proceedings, and shall, at the commencement of each
session of Congress, and at the commencement of each
month during the session of Congress, report tOL.Con-
gress the cases upon which they shall have finally acted,
stating in each the material facts which they find estab-
lished by the evidence, with their opinion in the case,
and the reasons upon which such opinion is founded.


Dis.sentingopin- Any judge who may dissent from the opinion of the ma'jority shall append his reasons for such dissent to theions.
report; and such report, together with the briefs of the
solicitor and of the claimant, which shall accomPallY
the report; upon being made to either house of Con-
gress, shall be printed in the same manner as other PO'


CLAIMS, COURT OF. 41
lie documents. And said court shall prepare a bill or Court to preparebills in those cases which have received the favorable their bills.
decision thereof, in such form as, if enacted, will carry ,
the same into effect. And two or more cases may be






embraced in the same bill, where the separate amount
roposed to be allowed in each case shall be less than


roe thousand dollars. And the said court shall trans-
it with the said reports the testimony in each case, Testimony tone


701ether the same shall receive the favorable or adverse reported.
etion of said court.
"The said reports, and the bills reported as aforesaid, t


o
Rerrtsair


Shall, if not finally acted upon during
,
the session of sfro sessio


Congress to which the said reports are made, be con- gross to Don-
tinned from session to session, and from Congress to giess•
Congress, until they shall be finally acted upon ; and the
consideration of said reports and bills shall, at the sub-
sequent session of Congress, be resumed and the said
reports and bills be proceeded with in the same manner as
though filially acted upon at the session when presented.


"The claims reported upon adversely shall be placed Adverse reports.
upon the calendar when reported, and if the decision of
said court 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 rea-
sons 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.


It shall be the duty of the Speaker of the House, beDp7or,tzeor s to
Within a reasonable time after the passage of this act,to appropriate such rooms in the Capitol at Washington,
for the use of said court, as may be necessary for their
accommodation, unless it shall appear to the Speaker
that such rooms cannot be appropriated without inter-
fering with the business of Congress; and in that event
the said court shall procure at the city of Washington
such rooms as may be necessary for the convenienttransaction of their business.—Ibid., p. 614.The said court is required to make report in case of Removal ofthe


removal of its clerks, with the cause of such removal, pox ted.clerks to be re




CLAMS, COURT OF.


to Congress, if iu 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
final,
appeal to sujudgment of said court shall be final, with the right ofsnbject tou




Court. 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 Con.
press.]


Petitions alla By the same act it is provided " that all petitions and
bills to be trans- bills praying or providing fo r the satisfaction of privatemilted to.


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 docu-
ments, 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.]


Members of Con. By the same act members of Congress are prohibitedfilenenfooti..eto. prac- from practicing in said court. —/bid., p. 766.
Transmiszionof The Clerk of the House is directed " to transmit to


papers 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.


Withdrawal of " The papers in all cases heretofore referred. by'
tiliS


papers from, house to the Court of Claims, arising under contract or
departmental decision, may be withdrawn from said collr
upon the order of the Clerk of the House, to be


CLERK OF THE HOUSE. 43
upon the application therefor of any member to him,
with the assent of the claimant; and when said papers
are reeeiyed 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 Penston parqs
Court of Claims, may be withdrawn and referred to their Traa.Ywn.


opopropriate committees in the House."—Journal 1, 34,
p. 631.


[Ordinarily, except in the foregoing cases, papers are How papers are
referred to or withdrawn from the Court of Claims on 21trtilv!i'ild
motion in the House; and, except in the case of the ' f'd to.
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 *Bills from, folio
laid before the House, be read a first and second time, ic!../Itcleitnti.arte°-
committed to the Committee of the Whole House, and, ports printed.
together with the accompanying reports, printed."—Rule
122.


When bills and reports from said court, reported to Bills and reportsiiiiiedie
sg soa


foConn
the House, are left undisposed of at the end of a Con- I
gress, at the beginning of the next Congress the bills g•ess*
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


- 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 -xi, s of, ad-ball a the House.—Rule 134.


tte%1 Ncvithiu tho


CoAngCrelt_shLlecb:e0Ee.R
1 exce t e0dPa tr .


THE commencement. nt of each Shall be elected
The act of June 1, 1789, provides at theofcommence-


that at the first session of Congress after every general
ment Congress.


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
ad minister oathby him to all the, members present, and to the Cleric, pre- to.n"°'Ste


to entering on any other business." And in the




44 CLERIC OF THE HOUSE.


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."


additional oath He is also required by the act of July 2, 1862, to takeo
an additional oath.—(See OATH.)


of elee- In the election of a Clerk there shall be a previous
nomination—Rule 11; and the vote shall be taken 'viva


voee.—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 re-
peated until a majority be obtained. And in all ballot-
ings blanks shall be rejected, and not taken into the
count in enumeration of votes, or reported by the. tell-
ers.—Rule 12.


Tellers appointhd Before proceeding to the election of a Clerk, the Speaker
by the Speaker. appoints four tellers to keep and make report of the


vote.—(See ELECTIONS BY THE HousE.)
Enters upon his [As soon as the Speaker has declared a person elected


he takes oath. Clerk, the oath of office is administered to him, and heduties as
80011 as


enters upon the duties of the same.] By the act . .of Feb-
ruary 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 appli


ca


-tion anti disbursement of the contingent fund of.thP
House.


Continues in The Clerk shall continue in office until his succe
ssor is


office until his
successor is ap- appointed.—Rule 10.
pointed.


CLERK OF THE HOUSE.
45


By the act of the 2d session 39th Congress; (Session Dutyof, inpre-
paration of rollof
members elect.


_Laws, 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 creden-
tials 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
)1ouse 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
ne4 ,,preceding House of Representatives; d in case of
vacancies in both of the before-mentioned 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 Repre-
sentatives."


F
"


el Preserves
ioa


or.rPending the election of a Speaker, the Clerk shall d
preserve order and decorum, and shall decide all ques-


eCtSnp(eek':
tins of order that may arise, subject to appeal to the cr.House.'—Pule 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 fa-
tilitate 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 de-
libe


rations while there was no Speaker, Wit simply put
que


stions, and (where specially- authorized) preserved
order, not, however, undertaking to decide questions ofOftler1


r--(003 MEETING OF CONGRESS.)
,


All contracts
, bargains, or agreements, relative to the Contracts. &c.


toiil,)e.
approvedbyilithishing any matter or thing, or for the performance b 1


Oath of office.


Mode
tion.


Gives bond.




46 CLERK OF THE HOUSE.


of home produc-
tion. House he is required to confine his purchases exclusively


Purchases to be Accounts.—Buie 21. And in making purchases for the


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


to articles of the growth and manufacture of the Unite,;
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.


HO shall fur. The Clerk is required by law ( Stat.. at Large, Vol. V,
of contingent ox-pp. 25, 527) to lay before the House, at the commence-Wish a statement
ruses. went of each session, a full and detailed statement of the


expenditure of the contingent fund of the House; also
of persons cm- (Stott. at Large, Vol.


V, p. 525) a statement of the clerksstatement,Also
ployed in service and other persons employed in the service of the Honse
of Rouse. 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
of stationery. Clerk's office. Ile, 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 state-
ment of all appropriations made during the session; and


Also, statement also a statement of the new offices created and the salar
new offices, &c, nes,. of each, and also a statement of the offices the sala,ofappropriations , .


ries of which are increased, and the amount of such in-
crease.—Stat. at Large, Vol. V, p. 117. And it shall be


Secretaryof Sen• the duty of the Secretary of the Senate and the Clerk of
f R the House of Representatives of the United States.sev-ate NoteColerkopftherAtitei.Istoerse;


their
of each


receipt and
orally to report to Congress on the first day


expenditures iu regular session, and at the expiration of their terms ofen % detail, &a 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 ex-
hibiting in a clear and concise manner the exact condition
of all public moneys, by them received, paid out, and 111
their possession as such officers.


They and the And it shall also be the duty of the officers hereinbei
id fore named,


stern
and of the Sergeaut-a•arms, POStiname...lanstasa,ram, 8


CLERK OF THE. HOUSE. 47


the Senate and House of Representatives, and the Door- Doorkeerr to
keeper of the House of Representatives, to make out a orrticcfpnrol


perofull and complete account of all the prOperty belonging LieltredpSoVeess.
to the United States in their possession, at such dates 3i°1'.
and at the expiration of their terms of service, as provi-
ded in section one of this act.—Acts 2d Sess. 41st Cong.,,
p. 365


He shall, on application, certify extracts from the
net
Shall certify ex-


Journal of the House of Representatives, and for such /I'M. s froN Jour-
-copies shall receive the same fees as are allowed by l
to the Secretary of State for similar services.—Stet. at


aw Fees.


Large, Vol. IX, p. 80.
Authority to frank mail matter is conferred upon the Franking priv


Clerk, to cover. all correspondence to and from him,. and ilege,
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 in December following each.
term of office.—Stat. at Large, Vol. XII, pp. 708, 709.


He may, with permission of the President of the Sell- May use booksteand Speaker of the House, have the use of the books Y.ibVfgre8sional
the Congressional -Library upon the same conditions


IS members of Congress.—Stat. at Large, Vol. I V, p..
.429.


He shall advertise ,
for proposals for furnishing sta- Shall advertise


tionery for the use of the House of Representatives. _ SflrornoMal s for
&at. at Large, Vol. V, pp. 526, 527.—(See STATIONERY.)


the act of March 3, 1863, he is required to transmit Shall transmit
to the Court of -Claims all petitions and bills praying or .cl.ear(lailspteottojgproviding for the satisfaction of all private claims against of Claims.
npnri
the Government, founded upon any -law of Congress,•or


any regulation of an executive department, or upon
Shy contract, express or implied, with the Government,


Stitt, Large; Vol. x
deire2 p. 76lbyr5esolution. of the House.—


lt
?By the act of March 2, 1867, (Sess. Laws, pp. 100, 101,) To select news.provided that it shall be the duty of the Clerk of the raatiusiniebSetit/7.
°use of Representatives to select in Virginia, South for publication of


North Carolina, Georgia, Florida, Alabama,




48 CLERK OF THE HOUSE.
Mississippi, Louisiana, Texas, and Arkansas, one or more
newspapers, not exceeding the number now allowed by.
law, in which such treaties and laws of the United States
as may be ordered for publication in newspapers accea
big to law shall be published, and in some one or mere
of which so selected all such advertisements as may be
ordered for publication in said districts, by any United
States court or judge thereof, or by any officer of sueh
courts, or by any executive officer of the United States,
shall be published, the compensation for which, and other
terms of publication, shall be fixed by said Clerk at a rate
not exceeding two dollars per page for the publication of
treaties and laws, and not exceeding one dollar per square:
of eight lines of space for the publication of advertise-
ments, the accounts of which shall be adjusted by the
proper accounting officers and paid in the manner now
authorized by law in the like cases; and said Clerk.shall,
as soon as practicable after'the passage of this act, notify
each head of the several executive departments, and each
judge of the United States courts therein, of the papers
selected by him in accordance with the foregoing provi,
sions ; and thereupon and thereafter it shall be the duty
of the several executive officers charged therewith to
furnish to such selected papers only an authentic copy
of the publications to be made as aforesaid ; and no money
hereby or otherwise appropriated shall be paid for any
publications or advertisments hereafter to be inade4ht
said districts, nor shall any such publication or adver-
tisemen• be ordered by any department or public officer
otherwise than as herein provided : Provided, That the-
rates fixed in this section to be paid for the publication
of the treaties and laws of the United States in the States
therein designated shall also be paid for the same pub-
lications in all the States not designated in this 'section;


T° into and thwhere executive all printing of any kind ordered by the
OrXer


printing shall be
executed in to


cutive departments shall be executed by the Government
lain cases. printer, when practicable ; and, if not, at such office


aS


may be designated by the Clerk of the House of ROO',
sentatives, at rates not exceeding the current
such printing.


rates Or


CLERIC OF THE HOUSE. 49
By the act of March 29, 1867, (Sess. Laws, p. 266,) it is To selectnews.


• °Tided that so much of' section seven of an act entitled g=tisnatull(irr:
pAn act making appropriations for sundry civil expenses criatteiprinesoggsuabl!i(i
Of the Government for the year ending June thirty, eigh- tr '


ti 3.
wen hundred and sixty-eight, and for other purposes,"
EWrOved March second, eighteen hundred and sixty-
eVen, as relates to the publication of the treaties and
aws of the United States, be, and the same is hereby,


tended to the States not therein designated, and to
be' Territories; and that it shall be the duty of the SOc-
etary of State, upon receiving notice of the designation
f newspapers under the act aforesaid and this section,


promptly to furnish to such newspapers authentic copies
of the treaties and laws of the United States to be pub-
lished as aforesaid : Provided, That it shall be lawful to
print the laws and treaties of .the United States as afore-
said in three newspapers in Louisiana: And provided
further, That the rates fixed by previous laws shall not
:Whereby increased.
_, By resolution of February 16, 1867, he is directed to List of mem.
Othish the "Globe," at each session, a. list of the mem- rurs1 1i ‘s/ted .


tto°t1beihers, with their post office address, and the number of Mieshors of the
their seats.--Journal, 2, 39, p. 405.


The following duties are imposed upon the Clerk by
Ow Rules of the House, viz:
Ale shall attest all writs, warrants, and subpcenas is- Attest writs.


sued. by the House.—Buie 8.
•He shall enter upon the Journal, subject to the con- Enter petitions.


trot and direction of the Speaker, such petitions andiiieuxorials as may be handed to him by members for
reference.—Ruic 131.


He shall cause to be delivered all propositions adopted Delivers callsby the House, requesting information from the President,% ? 1Zi:auteru,s6solior directing it to be furnished by the heads of Depart- departments.luent
s•—Rule 53. [His practice is to deliver in person


all calls upon the President, and to transmit calls upon
the Departments by a messenger or, through the mail.]


tic Shall refer all drawings, maps, charts, or other Shallrefermap•
papers, which may at any time come before the House ;"egb°011r57,0c
tr en,,raving, lithographing, or publishing in any way,


)3 L---4


member
on





50 CLERK OF THE ROUSE.
to the members of the Committee on Printing on tip:
part of the House.—Buie 100.


Shall prepare He shall prepare and cause to be delivered to each
list of reports to
be made by Dill- member, at the commencement of every session of Coa-
cers of Govern-


ent.
tress, a list of the reports which it is the duty of ally
officer or Department of the Government to make to




Con gress.—Rule 13.
Shall send cop- He shall, at the end of each session, send a printed


ies of the Journal
to States. copy of the Journal of the House to the executive, and to


each branch of the legislature, of every State.—Rule 14.
In regard to ad- By the act of July 20, 1868, it is provided that the


vertisement iu
theDistrictof


s
Co- provisions of section ten of all act "making appropria


lumbia and other
places. tions for sundry civil expenses of the Government for


the year ending June thirtieth, eighteen hundred and
sixty-eight, and for other purposes," approved March
two, eighteen hundred and sixty-seven, be, and they are
hereby, extended to one additional newspaper in the
District of Columbia from the date of the approval of
said act, the same to be selected by the Clerk of the
House of Representatives.


And also, that all advertisements, notices, proposals
for contracts, executive proclamations, treaties, and laws
to be published in the District of Columbia, Maryland,
and Virginia, shall be published in the papers now se-
lected under the provisions of section ten of an act ap
proved March second, eighteen hundred and sixty-seven,
entitled "An act making appropriations for sundry civil
expenses of the Government for the year ending June
thirtieth, eighteen hundred and sixty-eight, and for other
purposes," and shall also be published in the paper ,'-
lected under the provisions of the second section-ofI
act: Provided, That no advertisement to any


Sta,.


District, or. Territory other than the District of Col
thebia, Maryland, or Virginia, shall be published, in


papers designated, unless at the direction first made of
the proper head of a Department.—Bess. Laws, (2d Os
40th Cony.,) p. 82.


Shall put &cis- He shall note all questions of order, with the decision,
ions of questions
of order at end of and put them together at the end of the Journal of ellOY
Journal. session.—Rule 15.


CLERK OF THE HOUSE. 51
He shall enter upon the Journal notices of bills which shall enter no-


may be handed in by members.—Rule 15.


tices of bills.


He shall certify a bill that has passed, noting the day shall certify
of its passage at the foot thereof—lilac 127.




bi
shal


which pass.


He shall sign all House bills which have passed the Shall sign all
billswhichBouse.—Joint Rule 5. Housepass.


He shall enroll on parchment all House bills which spr enroll and
shall have passed both houses.—Joint Rule 6. AntliZsi, y&c., which


houses.bothpass
- shall certify on the back of the roll that the bill origi-
nated in the House of Representatives.—joint Rule 9.
And all orders, resolutions, and votes which are to be
presented to the . President for his approbation, shall also,
In the same manner, be previously enrolled, examined,
,and signed.—Joint Rule 10.


He shall enter on a separate paper all amendments
Entry commit-in


of aamend-
ree sadopted in Committee of the Whole to a bill or report.—


Rules 107, 109. [The 107th Rule refers to manuscript
bills, having been adopted prior to the practice of print-


g bills.]
He shall, within thirty days after the close of each Shall distribute


session of Congress, cause to be completed time printing t oTrn ennai g
and primary distributions, to members' and delegates, of itiCrt:ttot3t.irdualn.senat
the Journal of the House, together with an accurate
index to the same.—Rule 16.


He shall retain in the library of his office, for time use ;Shall retain in


10
of the members there, two copies of all the books and ies .ortYntr ocoirc.printed documents deposited in the library.—Rule 17. documents.


have preserved for each member of the House onSel)aolilmRre.nell
.


all extra copy, in good binding, of all time documentsprinted
h


shal


la) order of either house at each session.—R:ulc 18. "` em e
He shall make a weekly statement of the resolutions Shall make week-


and bills upon the Speaker's table.—Rule 19. [This state- VII stlitoeusrt oolti*tient is printed and placed upon each member's table speaker's table.
every Monday morning. There is, in like manner, placed Weekly state-
upon their tables, every Friday morning, a statement ionne4ctacfrerlsi alsO
of all the bills and resolutions upon the calendar, desig- prepared.
plating whether in Committee of the Whole House or of
the Whole House on the state of the Union.]


The number prefixed to the section of a bill, being ne numbers thoMerely a marginal
indication, and part of the text of6 I, 1 1 , no r 0 • sections of bills.


A




o2


CLERIC OF THE HOUSE.


and joint resolu-
tions. they are introduced or reported.]


mSeensasteag.es to the from the House to the Senate are conveyed by the Clerk


And also bills also gives numbers to the bills and joint resolutions as


He conveys determine to be proper.—Joint Rule 4. [All messages


the bill, the Clerk regulates that.—ilfanual, p. 111. [He


such persons as a sense of propriety in each house may
Messages (between the two houses) shall be sent by


or one of his assista•ts.]
Other duties of In addition to the foregoing, there are various other


ciork. duties appertaining to the office of Clerk, under the,
usage and practice of the 'House, which are discharged:
by himself and his appointees.


Prepares esti- He prepares estimates of the expenses of the House of
mates and dis-burseseoutingent Representatives, and disburses the contingent fund of the
fund. House, keeping accounts with the Treasury of theUni,:.0,d.


States of the various items of appropriation for thit•
Pays salaries. object. He also disburses the salary fund of the various


officers and employes of the House.
Keeps Journal. He keeps the minutes of proceedings in the House,


and makes out, subject to the control of the Speaker, the,
Journal of said proceedings, in readiness for the same
to be read at the next meeting of the House. He also
prepares the index to the Journal at the end of each
session.


Keeps minutes He keeps the minutes of proceedings in Committees
the Whole. of the Whole; ; records all votes taken by yeas and nays,of Committees of


and prepares copies of the same for the printer of the
Journal.


He reads all messages, bills, and other papers reqklitedReads.
by the House to be read, and calls the roll of members.


Keeps the>Ales. He keeps the files of the House, preserving all peti-
tions and other papers belonging to its archives, arranged
alphabetically, and under the head of the Congress at
which they were last acted upon.


Keeps bill-book. He keeps a book in which are entered, numerically,
the titles of all bills and joint resolutions; opposite which
are noted, as they occur, all proceedings of the House
thereon ; also all proceedings of the Senate as they ore
reported to the House.


to be printed, &e., He places appropriate indorsements upon all papersPapers ordered
indorsed, .k.e.


CLERK 01?
THE HOUSE. 53


presented in the House, and, after entering the same in
books kept for the purpose, sends to the Government


to the appropriate committee such as are referred with-
Printing Office all such as are ordered to be printed, and


out printing.
He engrosses upon paper all bills, joint resolutions, Engrosses bills


awl resolutions.and resolutions of the House, and amendments of the
House to Senate bills and joint resolutions which pass
the House of Representatives, certifying the date of the
passage of the same at the foot thereof..


He enrolls upon parchment all House bills and joint Enrolls bills and
resolutions which have passed both houses, certifying resolutions.
upon the back that the same originated in the House,
and then delivers them to the Committee on Enrolled
Bills


H journalizes all petitions and other papers handed Petitions refer-
red under rule.to him under the 131st rule, and having indorsed them


appropriately, takes them to the rooms of the proper
committees, and there enters them in the committee
books. He also keeps what is called the "Petition
Book," in which is entered, alphabetically, each petition
as presented, and the further action of the House thereon
as it occurs.


He keeps what is called the ' , Newspaper Book," in Newspapers.
which are entered the accounts of members under the
newspaper resolution, and orders from the publishers•
such newspapers and periodicals as may be directed.


ge contracts for and furnishes to members all books


the members for the same.


Books.
voted to them by the House, and keeps the accounts of


.


. utHede. distributes to members, governors, State legisla-
=Tic


.1T.


ioneryd.°".


. Lures, &e., all public documents (other than extra num-
bers) required by law, rule, or resolution to be distrib-


lie purchases, keeps, and distributes the stationery Stat
required for the use of the House. (See STATIONERY.)


He keeps the library of the House, in which are kept Library.
c
opies of all documents printed by order of either house.




54 CLERICS OF COMMITTEES—COMMERCE , COMMITTEE ON.
CLERKS OF COMMITTEES.


Not to be 6111: " No committee shall be permitted to employ a clerk
tlac e d without at thei public expense without first obtaining leave of the


Committees HOUSC for that purpose."—Rule 73. [Such leave i6
which have leave
to employ. usually granted to a portion of the committees, for a part


or the whole of the session, as they may deem the ser-
vice necessary ; and four of the committees have perma-
nent clerks, viz : of Claims, by resolution of February
18, 1843; of Ways and Means, by resolution of Febru-
ary 18, 1856; on Public Lands, by resolution of May 27,
1862 ; and on Appropriations, by resolution of Decem-
ber 12, 1865.]


COINAGE, WEIGHTS, AND MEASURES, COMMITTEE ON.


When appoint- There shall be appointed, at thecommencement of each
ed


u
and of what
mber. Congress , a Committee on Coinage, Weights, and Meas.


ures, to consist of seven members, and to this committee
Duties of shall be referred all bills, resolutions, and communica-


tions to the House upon that subject.—Rule 148.
COMMERCE, COMMITTEE ON.


When appoint- There shall be appointed, at the commencement of
ed, and of what
number.






each Congress, a Committee on Commerce, to consist of
nine members.—Rule 74.


Duties of. "It shall be the duty of the Committee on Commerce
to take into consideration all such petitions and matters
or things touching the commerce of the United States
as shall be presented, or shall or may come into question,
and be referred to them by the House, and to report,
from time to time, their opinion thereon."—Rule 79.


[This committee was originally a Committee on OM:a-
merce and Manufactures. On the 8th December,18*0
separate Committee on Manufactures was constituted,
and the duties of the original Committee on Commerce
and Manufactures have been confirmed, as above, by
leaving out the words and Manufactures." There are
no duties assigned in the Rules to the Committee on
Manufactures.]


COMMIT, MOTION TO—COMMITTEES.


COMMIT, MOTION TO.


“When a question is under debate, no motion shall When it may
be received but to adjourn, to lie on the table, for the De4recm
previous question, to postpone to a day certain, to com-
mit or amend, to postpone indefinitely ; which several
motions shall have precedence in the order in which they Precedencewit b


e1ofcroensc. tootherare arranged ; and no motion to commit, or to postpone u
indefinitely, being decided, shall be again allowed on the sot to be re-
same day, and at the same stage of the bill or proposi- !:tetatslgsraemj bdayill.
tion."—Rule 42. [When any one of the foregoing mo-
tions is received, the practice is not to receive one of
lower dignity until the former is disposed of.]


"When a resolution shall be offered, or a motion made Wile,I;? difibrent
shall be =e(te." areto refer any subject, and different committees


proposed, the question shall be taken in the following
order : the Committee of the Whole House on the state
of the Union; the Committee of the Whole House; a
standing Committee; a select committee."—Rule 43.


A motion to commit may be amended by the addition May be amended.
of instructions. Also by striking out one committee and
inserting. another.—Journals, passim.


A division of the question is not in order on a motion tioNThnotine7M
to commit with instructions, or on the different branches hie.
of instructions.—Journals, 1, 17, p. 507 ; 1, 31, pp. 1395,
1397; 1, 32, p. 611.


"Upon the second reading of a bill, the Speaker shall A hill , when
ready for coin-:State it as ready for commitment."—Pule 118.


mitmout.
[On a motion to commit, the whole question is open to Debate on.


debate.]
After the previous question is ordered, if no motion Effect of provi-


t4 postpone is pending, the House is brought first "to a ===
direct vote on the motion to commit, if such motion
shall have been made."L-Rule 132.


"Motions and reports may be committed at the pleas- Motions an& re-
tire Of„—


House." Rule 47.
mated.


portsmay be com-


COMMITTEES.
Thirty-four standing committes shall be appointed at standing corn-


the commencement; of each Congress, viz: Of Elections, ;;10/itilz.; tenth e rgoOf Ways and Means, on Appropriations, on Banking and ocreaTir co greL


55




r


56 COMMITTEES.
Currency, on the Pacific Railroad, of Claims, on Com-
merce, on the Public Lands, on the Post Office and Post
Roads, for the District of Columbia, on the Judiciary
on Revolutionary Claims, on Public Expenditures, on
Private Land Claims, on Manufactures, on Agriculture,
on Indian Affairs, on Military Affairs, on the Militia, on.
Naval Affairs, on Foreign Affairs, on the Territories ., on
Revolutionary Pensions, on Invalid Pensions, on Roads
and Canals, on Mines and Milling, 'on Freedmen's Affairs,
on Education and Labor, on the Revision of the Laws_
to consist of nine members each; on Coinage, Weights,
and Measures—to consist of seven members ; on Patents,
on Public Buildings and Grounds, of Accounts, and on
Mileage—to consist of fete members each.—Rule 74.


Joint. commit- There shall be a joint committee on Enrolled Bills, to
teesto he appoint.
cd at - the corn- consist of two members of each house, (Joint Rule 7 ;)
mencement of
each Congress. there shall be a joint committee on the Library of ant-


gress, to consist of three members of each house, (Joint
Rule 20;) there shall be a joint couunittee on Public
Printing, to consist of three members of each house.
(Stat. at Large, Vol. X, p. 34.) [The rules do not _desig-
nate for what period these joint committees shall be ap
pointed; but the practice is for the Speaker to appipit
them at the commencement of each Congress.] fity


Standing corn- There shall be appointed at the commencement Okthe
mittees to e a-
pointed. at th


p
e first session in each Congress six additional standing


commencement
of each Congress. committees, whose duties shall continue until the first


session , of the ensuing Congress, viz : On .Expenditures
in the Department of State, on Expenditures in the Treas-
ury Department, on Expenditures in the Way Department,
on Expenditures in the Post Office Department, on _Expen-
ditures in the Navy Department, on Expenditures in the
Interior Department, on Expenditures OR, the Public Build-
ings, to consist of five members each.—Bule 102.


Duties of the For duties of the severta.eommittees, see under their
committees.


respective names.
Committees. "All committees shall be appointed by the Speaker,


how appointed. unless otherwise especially directed by the House, in
which case they shall be appointed by ballot; and if
upon such ballot the number required shall not be elected


COMMITTEES.
57


by a majority of the votes given, the House shall pro-
ceed to a second ballot, in which a plurality of votes
shall prevail; and in case a greater number than is re-
quired to compose or complete a. committee shall have an
equal number of votes, the .


House shall proceed to a
further ballot or ballots."—Rule 67. [The latter mode
of appointing committees is, of late years, never re-
sorted to ; but the practice has been for the House to
Adopt an order "that the Speaker be authorized to ap-


Spoint the regular standing committees." And after
adopting such order, it is usual for the House to adjourn
over for two or three days to enable him to make the
appointments.]


Before a return be made a member elected may be Member may
named of a committee, and is to every extent a member, eteftotgoinitieed c%
except that lie cannot vote until he is' sworn.—Manual,'"'
p. 61. [While this is the law, it has not been a common
practice in the House to appoint a member on a commit-
tee until he has been sworn.]


"The first-named member of any committee shall be Who shall be
the chairman ; and in his absence, or being excused by the celo'mai lni=e. of a
House, the next named member, and so on, as often as
;the case shall happen, unless the committee, by- a ma-


- jot* of their number, elect a chairman."—Bute 6S.
"Any member may excuse himself from serving on Who may be


A
anieommittee at the time of his appointment, if he is sc=snead on a te'roolini!


en a member of two other committees."—Rule 69. mitten.
And under the practice, it is sufficient for him to offer
such an excuse at any subsequent period of the session.]


" It shall be the duty of a committee to meet on the Who shall call
.call of any two of its members, if the chairman be ab- en.omnmie= of a
,ent, or decline to appoint such meeting."—Bute 70.
"" No committee shall sit during the sitting of the cornItteessmn
ouse without special leave."—Rule 72. And "so soon Muse' i l siTni/g


A the House. sits, and a committee is notified of it, the with"t ea".
'Chairman is in duty bound to rise instantly, and the mein-
' hers


to attend the service of the House."—Manual, p. 70.
[But upon the suggestion to the House by a member
°I' a committee that it is important to the dispatch
°t' public business that they should have such leave,




58 COMMITTEES.
it is usually granted, especially near the close of the
session.]


committees sit- "Committees may be appointed to sit during the re-
0ties; during re• cess by adjournment, but not by prorogation. Neither


house can continue any portion of itself in any parlia-
mentary 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 par-
ticular purpose."—Jlfanual, p. 136. [This has been con-
strued (and, in view of the distinction which .exists be-
tween a "session" of Parliament and of Congress, very
properly so) not to restrain a committee of the House,
with the leave of the House, from sitting during the re,
cess between a first and second session of Congress.]–'-
(See Journal, 1, 32, p. 1119.)


Clerks of coin . "No committee shall be permitted to employ a clerk
mittee,s. at the public expense without first obtaining leave .4


the House for that purpose."—Rule 73. [Such leave itk
usually granted to a portion of the committees for a part{
or the whole of the session, as they may deem the ser,
vice necessary ; and three of the committees have perma,
dent clerks, viz : of Claims, by resolution of February 18,
1843; of Ways and Means, by resolution of February 18,
1856; and on Public Lands, by resolution of May 27,
1862.1


Precedence of " When a resolution shall be offered or a motion made
different motions
to refer. to refer any subject, and different committees shall be


proposed, the question shall be taken in the following
order : the Committee of the Whole House on the state
of the Union ; the Committee of the Whole House; a
standing committee; a select committee."—Rule 43. [But
where more than one standing committee is proposed,
the last one proposed is first voted upon, as an amend-
ment to strike out and insert.]


Precedenco of "When a question is under debate, no motion
shall


motion to commit,
over other me- be received but to adjourn, to be on the table, for the
Lions, and of oth-
ers over it, previous question, to postpone to a day certain, to


cox-


mit or amend, to postpone indefinitely ; which several
motions shall have precedence in the order in which
are arranged; and no motion to postpone to a day ea'


COMMITTEES. 59
tain, to commit, or to postpone indefinitely, being decided, Motion to corn-
shall be again allowed on the Same day, and at the same prngtV at tin.%
stage of the bill or proposition."—Rule 42.


da mstage on saey#
"Upon the second reading of a bill, the Speaker shall A bill, when


ready for corn.state it as ready for commitment."—Rule 118.
mitment.


"After the previous question is ordered, if no motion Previous (Ines•
tion brings timepostpone is pending, the House is first brought to a
first


nto ,i volo
direct vote on the motion to commit, if such motion shall commit. °' o
:have been made?'—Ride 132.


"A committee meet when and where they please, if Committee can
the House has not ordered time and place for them; but me tlioageethe'rr.lien
they can only act when together, and not by separate
consultation and consent,. nothing being the report of a
Committee but what has been agreed to in committee
actually assembled."—Manual, p. 89.


"A majority of the committee constitutes a quorum . A quorum of a
for business."—Mafoud, p. 89. But it is not necessary"1"i, tliceeCessary
that the committee shall be full when a paper is acted tiritu.Committee
upon.—Journal,, 1, 34, p. 1143. Nor is it even necessary Nor that every
that every member shall have been notified of an ad- tiiwen:ib coif. ma.ausjourned meeting, if it shall appear that at such meetingjourned meeting.
a quorum was present, and that a majority of such quo-
rum authorized a report to be made.—Same Journal, pp.
1433, 1434.


[Committees very frequently appoint sub-committees Sub•committees.
to make investigations,] and in such case no member of
he committee, as a matter of right, can take for exami-


nation papers referred to a sub-committee.—Cong. Globe,
1, 39, p. 4019.


"A committee cannot receive a petition but through Petitions, how
he House."—Manual, p. 70. "Members having petitions ctoombmolicttebeized to
dud memorials to present May hand them to the Clerk,
udorsing the same with their names, and the reference
r disposition to be made thereof; and such petitions and
einorials shall be entered on the Journal, subject to the


ontrol and direction of the Speaker."—Rule 131. [Thisg the only mode of presenting a petition for reference
ow recognized by the rules. The rule, however, is con-trued to authorize the withdrawal of old papers from
efiles, for the purpose of reference to the appropriate




CO-M3IITTEES. 61
60


COMMITTEES.


committee. And, in this connection, it may not be im-
proper to call attention to that portion of this rule whielt


3.1embersshould requires that the name of
the member and that of the cookE,


indorse the pa- .„
pees referred by mu
th


tee shall
be indorsed upon the paper to be referta


em
NewsPaPerA to In order to Secure


its appearance in the (laity newspapers,,
be furnished with members should furnish a memorandum of the contents
a memorandum. and reference of the samelo the reporters•]


Matters refer-
"The Clerk may,deliver the bill to any member of the


red, how deliv-
ere, to the com-


committee, but it is usual to deliver it to him who is first
mitteo. named."—Itranuat, p. 89. [In the House of Represen_Lives the long-settled practice has been, where the cola-


nrittee have a regular place of meeting, as is the case
with all the standing committees, for the Clerk to take
down to the committee-room and deposit there all
ters referred to said committee, and make an entry Of
same in the docket of the committee; and when they :late!.
no committee-room, as is the case with some of the select
committees, to deliver the matter referred to the Chair-
man.]


wot competent
It is not competent for the House to instruct a com-


to instruct com-
mittecto do what


mittee to amend a bill in a manner that the House itself
House itself can-
not do.


cannot amend it.—Journal, 2, 35, p. 389, [Indeed, it is
the well-settled practice that the House cannot instruct r;,
a committee to do what the Hens° itself cannot do;]


To commitwith
A division a the question is tot in order on a intition


instructions not ,
divisible. to commit




or recommit with instructions, or on the differ-.
ent branches of instructions.journa/s, 1, 17, p. 507;
31, pp. 1395, 1397; and, 1, 32, p. 611.


flow amend-
"The committee may not erase, interline, or blot the


mints are to be
noted by a corn-


bill itself, but must, in a paper by itself, set down the
niittee. amendments, stating the words which are to be inserted:


or omitted, and where, by reference to the
land word of the


p. 91.
No reconsider-


"When a vote is once passed in a committeelnitgeLltiii
iiloe,


noonof a voto in
committee.


be altered but by the House, their votes being binding:.
on themselves."—Manual, p. 91. ana


Committee can- "If the committee arc opposed to the whole paper,
not rojeet apaper. think it cannot be made, good by 'amendments, they eau'


not reject it, but must report-it back to the House with
out amendments, and there make. their opposition.7'—'


Manual, p. 99•


The committee have full power over the bill or other Committee can.
iitiotcchati2gctitle rpiper, except that they cannot change the title or sub- . bj e


feet "—Ltifaazzzal, p. 89.
As soon as the Journal is read, and the unfinished 1. hen and in


business in which the House was engaged at the last


eosrillreer
to


At:


preceding adjournment has been disposed of, reports port.
;'rem committees shall be called for and disposed of; in


g oing which the Speaker shall call upon each standing
eOmmittee in the following order, viz :


1:-Committee of Elections.
Committee of Ways and Means.
Committee on Appropriations.
Committee on Banking and Currency.
Committee on the Pacific Railroad.
Committee of Claims.
Committee on Commerce.
Committee on the Public Lands.
Committee on the Post Office and Post Roads.
Committee on the District of Columbia.
Committee on the Judiciary.
Committee on Revolutionary Claims.
Committee on Public Expenditures.
Committee on Private Land Claims.
Committee on Manufactures.
Committee on Agriculture.
Committee on Indian Affairs.
Committee on Military .


Affairs.
Committee on the Militia.
Committee on Naval Affairs.
Committee on Foreign Affairs.
Committee on the Territories.
Committee on Revolutionary Pensions.
Committee on Invalid Pensions.
Committee on Railways and Canals.
POnunittee on Mines and Mining.
Committee on Freedmen's Affairs.
Committee on Education and Labor.
Committee on the Revision of theLaws.
Committee on Coinage, Weights, and Measures.
Committee on Patents.




COMMITTEES.


Committee on Public Buildings and Grounds.
Committee of Accounts.
Committee on Mileage.
Committee on Printing.
Committee on Enrolled Bills.
Committee on the Library of Congress.
Committee on Expenditures in the State Department.
Committee on Expenditures in the Treasury . Depart


ment.
Committee on Expenditures in the War Department.
Committee on Expenditures in the Navy Department.
Committee on Expenditures in the Post Office Depart.


inept.
Committee on . Expenditures in the Interior Depart.


ment.
Committee on Expenditures on the Public Buildings.
And when all the standing committees shall have been


called, then it shall be the duty of the Speaker to call
for reports from select committees. If the Speaker shall


Call of tobere• not get through the call upon the Committees before the
snored where left House passes to other business, he shall resume the call


where he left off, giving preference to the report last
After occupying under consideration: Provided, That whenever any coup


two days. not to mittee shall have occupied the morning hour on two
morning hours on
report. further.


62


days, it shall not be in order for such committee to report


further until the other committees shall have been called
in their turn. [But this proviso does not restrain the
House from occupying the morning hour on more than
two days in the consideration of a report.]—Rine


Call of commit- [The regular daily call for reports, as provided for by
how interfered this rule., is liable to be interfered with by " special or-tees for reports,
with. dens," "questions of privilege," and "privileged goes'


tions," also by the "call of States for bills on icoopd
resolutions," which, by Rule 130, is in order evert#0,11"
day, and "motions to suspend the rules," which, bY:ile
145, may be submitted every Monday, at the expirft.


of one hour after the Journal is read. So, too, by -8life


128, the call.of committees is limited on Fridays and A5°


urdays to " business of a private nature."]
What commit. "It shall be in order for the Committee on Enrolled


tees report at any
time.


CO3ENTITTEES. 63
Bills and the Committee on Printing to report at any
time—Rules 100 and 101—and also for the Committee on
Appropriations to report (for the purpose of reference)
the general appropriation bills at any time"—Rule 77—
and the Committee of Ways and Means have leave to
report, for commitment, at any time.—Rule 151.


"A committee having leave to report at all times may
report in part at different times."—Journa/, 1, 27, p. 104.


The right to report at any time carries with it the night to report
Coright to consider the matter when reported.—Journal, 1, irzser.ngl t; to


32,.p. 195. And where authority is given to a committee


-. make a report at a particular timer
the right follows


..•o consider the report when made.—Journal, 1, 22, p.
1409.
.. "The several standing committees of the House shall Mr 4 leave to


• . 1'. ave leave to report by bill or otherwise."—rule 71.
otherwis5e.


It is not competent for a• committee to report a bill


Journal,


no(i:onimitttee eau-
where the subject-matter has not been referred to them steir Art rej'er-
by the House, by the rules, or otherwise. urnal, 1, 31, or otILN:ieselt 9'p. 590.


A bill may be reported with a recommendation that it Bill may.
be re.


do not pass, if based upon a paper regularly referred.— reocroten(ilutei iv='
that it do notpass.floan.a 1, 1, 32, p. 785.


"The report being made, the committee is dissolved, Select
_commit:


anit can act no more without a new power. But it may and revived.
.e revived by a vote, and the same matter recommitted


!.to them."—ilianna/, p. 92. [This evidently refers to a
select committee, and, under the practice of the House, a
motion to recommit decided affirmatively has the effect
of reviving the committee.—See Journal, 2, 37,p. 874;


--3, 37, pp. 487 to 489.]
It' it is disputed that a report has been ordered to be Dispute as to5


:a:1e by a committee, the question of reception must be z ho o)t ha ve ro coolde ie td-
put to the. House.—Journal, 2, 27, p. 1410.




report.


A minority of a committee cannot make a report, a Ifinorityeannot
k report.e aminority not being t




mahe committee.—Journal, 1, 24, p.
[The common practice, however, is to permit theMin


ority to submit their views in writing, which are
1111ally printed and considered with the majority report.]
-nil when such views are accompanied by a resolution




64 COMMITTEES.


or bill, such resolution or bill is not thereby brough
before the House for its action, but must be submitted
by some member.—Congressional Globe, 1, 31, p. 1345.


Chairman may The chairman of a committee submitting a report has
read reports


a right to read it.—Journal, 2, 27, p. 409.
Right of mem- "A member reporting the measure under consideration


der reporting to from a committee may open and close the debate "—Rulet .
60—and, under the invariable practice, he is entitled to_
be recognized, notwithstanding another member ma
have risen first and addressed the Chair—Journal, 3,
p. 211—and his right to close the debate is never denied
him, even after the previous question is ordered, or
debate has been closed.—Journal, 1, 31, p. 1056.


Proceedings of "The proceedings of a committee are not to be pub
committee not to
be published. fished, as they are of no force till confirmed by the


House,."—Manual, p. 70.
Reference to It is not in order to allude on the floor to anything


proceedings in
committee not in that has taken place in committee, unless by a
order'


written-
(m report sanctioned by a majority of the committee.—


Journals, 1, 26, p. 418; 1, 31, p. 393.
Recommitment. "After commitment and report thereof to the House,


or at any time before its passage, a bill may be recom-
mitted; and should such recommitment take place after
its engrossment, and an amendment be reported and
agreed to by the House, the question shall be again put
on the engrossment of the bill."—Rule 124. But recom-
mitment cannot be moved after the previous question
is ordered.—Journai, 1, 29, p. 643.


Effect of recom- "If a report be recommitted before agreed to in the
House, what has passed in committee is of uo validity;mitment.


the whole question is again before the committee, and a
new resolution must be again moved, as if nothing had
passed"—Manual, p. 92.


Repetition of "Two motions to recommit are not in order at the
mit, same stage of the bill."—Journal, 1, 20, April*
motion to recom.


;


Select commit- [A select committee is created either by resolution,
tee, how created


the subject to be referred is before the Honse
refer,


when
and filled. when resolutions are in order, or upon motion to the


number of which it is to consist being designated in the
resolution or motion.] Under the parliamentary law"-


COMMITTEES OF THE WHOLE.


Minute, pp. 87, 88—"none who speak directly against
the body of the bill" are to be of the committee to which
it is referred. The spirit of this law has prevailed in ,
the House so far as that, in the formation of a select


' ,00inurittee, in the case of the reference of a, bill, a major_
•i,ty of the friends of the measure referred, and in the
0,,ise of an investigation a majority of those favorable
tq the proposed investigation, are usually appointed
thereon; and the member proposing the select commit-
tee is usually appointed the chairman.]


Select committees do not hold over to a second or teseieet commit-
subsequent session after their appointment T ovap ointment—Journal, es.(


e


l
° not °l


2, Ap. 207—unless specially authorized to do so.—Ibid.,
1, 34 p. 1020.
lj A chairman of a select committee (Stat. at Large, Vol. of Administering


p. 554) and a chairman of any standing committee
tof eomn'lit.


'tat. at Large, Vol. III, p. 345) shall be empowered to es.
minister oaths or affirmations to witnesses in any case
der their examination.
Any person summoned as a witness by authority of Failure of wit-


: House to give testimony or to produce papers upon teesti6n sa to. appear or
y matter before the House or any committee thereof,


ho shall willfully make. default, or who, appearing, shall
fuse to answer any question pertinent to the matter of


inquiry in consideration before the House or committee
'pw.hich he shall be examined, shall, in addition to the
us and penalties now existing, be liable to indictment


a.for a misdemeanor. And when a witness shall fail to Dayof Speaker
testify, as above, and the facts shall be reported to the loine,ssfa


Ouse, it shall be the duty of the Speaker to certify the
et„ under the seal of the House, to the district attor-
WI:or the District of Columbia.—Stat. at Large, Vol.


P. 155.—(See also WITNESS.)
COMMTEES OF THE WHOLE.


[The rules and practice of the House recognize two Two commit
Wh
Com


n.littees of the Whole, viz, the Committee of the tees of thoWhole.
e blouse on the state of the Union, to which are


l'eferred public bills and public business, and the Corn-
kittee of the Whole House, to which are referred pri-
1'00111s and private business.]


313 D-5


65




66 COM-AITTEES OF THE WHOLE. COMEITTEES OP THE WHOLE. 67
Order of taking "When a resolution shall be offered, or a motion made


questions of com-
mitment. to refer any subject, and different committees shall b


proposed, the question shall be taken in the following
order: The Committee of the Whole House on the state-.
of the Union; the Committee of the Whole House; a.
standing committee; a select committee"—Rule 43.


Motion to go "The House may at any time, by a vote of a majority'
into. in order at
any time. of the members present, suspend the rules and orders


for the purpose of going into the Committee of the:
Whole House on the state of the Union."—Rule 104. [On-


Fridays and Fridays and Saturdays, which, under Rule 12S, are set
Saturdays. apart for the consideration of private business, the


motion to go into Committee of the Whole House on the
private calendar takes precedence of the motion to go
into Committee of the Whole House on the state of the
Union, but upon a failure of the former motion the latter


Seconding of motion may be entertained on those days. If the pre,
previousquestion
prevents motion vious question shallhave been seconded upon any peud-
to go into. Mg proposition, under the practice it is not in order to


entertain the motion to go into Committee of the Whole
until it is disposed of.]


Motion to go It is in order, pending a motion to go to business on,
into, takes prece-
deuce of motion to the Speaker's table, to move that the House resolve::
go to business on itselfSpeaker's table. its n into the Committee of the Whole House on tilt


state of the Union.--Journal, 2, 32, pp. 155, 228.
Bow formed. "In forming a Committee of the Whole Hollsa,


Speaker shall leave his chair, and a chairman to presid
in committee shall be appointed by the Speaker."—Buk
105.


Disturbance in: "In case of any disturbance or disorderly conduct in
the galleries or lobby, the Speaker (or chairman of the
Committee of the Whole House) shall have power to
order the same to be cleared"—Rule 9. And "in case
of great heat and confusion arising in committee, the
Speaker may take the chair and bring the House to
order."—Mama, p. 72 ; Journal, 1, 26, p. 814.


Chairman of, The chairman of the Committee of the Whole OS
may administer
oaths. power to administer oaths or affirmations to witnesses


.


any case under its examination.—Stat. Latr94 lro/s


p. 554; p. 345.


“The quorum of a Committee of the Whole is the Quorum of.
same as that of the House.-"—Hanua/, p. 71.


takes"If a message is announced during a committee, the smoker
chair to receiveSpeaker takes the chair and receives it, because the messages and


committee eannot."—Manuat, p. 72. [So, too,. during a ou T,nrollcd Bills.
committee, the Speaker often takes the chair to receive
the report of the Committee on Enrolled Bills, which
baying been announced, the chairman resumes the chair,
and the House is again in committee.]


44 Whenever the Committee of the Whole House on Want of quorum,
the state of the Union, or the Committee of the Whole
House, finds itself without a quorum, the chairman shall
cause the roll of the House to be called, and thereupon ,ix • io ,bubt:oub to.eceasl kval
the' tommittee shall rise, and the chairman shall report ported.
the names of the absentees to the House, which shall be
entered on the Journal."—Buie 106. [And all members
are reported as absentees who lail to answer when their
names are called, for, upon the completion of the roll,
the chairman immediately vacates the chair. Whenever,
upon such roll,eall, a quorum answer to their names, and
.that fact is reported to the House, the Speaker declines
to receive any motion whatever, and the committee
eSuines its session without further order. But if no


titorum answer, a motion to adjourn, or for a call of the
Ouse, is in order; and if upon either of said motions a


Oorum shall vote, and the House refuse to adjourn or
order a call, the session of the committee is immedi-


ately resumed.—Journals, 2, 27, p. b92; 1, 29, p. 356 ; 2,
p. 343; 2, 32, p. 388.]
The inrules


Committee
of proceedings


of the
in


Whole
the House


House,
shall


f
be
ar


ob- Rules of House
s v das mern&eizpt
lkey may be applicable, except the rule limiting the times


speaking; but no member shall speak twice to any


Il
luestion until every member choosing to speak shall


ave spoken."—Bule 113.
"No previous question can be put in committee, nor No. motion for -


Pan this committee adjourn as others may—Manual, _107t.\(acizoourens,tzioonr_
nor can the yeas and nays be taken—Cong. Globe,ri for yeas and nays,-., nor toile on table,


)p. 618; 1, 26, p. 285—nor can a motion to lie on the &c., in.
Mule be entertained—Cong. Globe, 2, 31, p. 645—nor
lotions to reconsider."—Conn. Globe, 1, 27, p. 305.




68 COMMITTEES 'OP THE WHOLE.


Debate in, on In Committee of the Whole on the state of the Union•
union. all debate on special orders' shall be confined strictly tthe state of the


the measure under consideration.—Rule 114. [But it is
otherwise where the measure has not been made a special
order.—Cong. Globe, 2, 30, p. 587; 1, 31, p. 1475; 2, 31`
pp. 630, 631; 1, 32, p. 1856.]


Debate ono hour. U .No member shall occupy more than one hour in debate
on any question in the House or in committee, but a
member reporting the measure under consideration from
a committee may open and close the debate : Provided,
That when debate is closed by order of the House, any
member shall be allowed, in committee, five minutes.td
explain any amendment he may offer, after which any
member who shall first obtain the floor shall be allowed.


Five minutes' to speak five minutes in opposition to it ; and there shall
debate. be no further debate on the amendment ; but the same..


privilege of debate shall be allowed in favor of and
against any amendment that may be offered to the amen


Amendmentnot meat; and neither the amendment nor an amendment. 0
without unani- the amendment shall be withdrawn by the mover thereeto 17e withdrawn
mous consent, unless by the unanimous consent of the committee : Pre,


All debate may vided further, That the House may, by the vote of a
majority of the members present, at any time after the .be closed.
five minutes' debate has taken place upon proposed.
amendments to any section or paragraph of a bill, close
all debate upon such section or paragraph, or at their
election upon the pending amendments only.”—kuta 60.


Dour debate " The House may at any time, by a vote of a majority
may be closed. of the members present, provide for the discharge of the


Committee of the Whole House, and the Committee of
the Whole House on the. state of the Union, from the
further consideration of any bill referred to it, after act-
ing without debate on all amendments pending and that
may be offered"—Rule 101. [The closing of debate h


the
ere-


in referred to has reference only to the hour debate; ..
five minutes' debate contemplated by the 1st proviso of
the 60th Rule (recited in the foregoing paragraph)•eein"
mences upon the adoption of the order under this Ole.


of
tion for .


e




f
The following is the form of resolution (sanctioned hY•




debate. long practice) for closing the. our debate, viz: 4BCSOlVedl
Form resolu-


COMMITTEES OP THE WHOLE.


That all debate in the Committee of the Whole House
41i(or Committee of the Whole House on the state of the


Union, as the case may be) on (here insert title of bill of
subject upon which it is proposed to close debate) shall


• cease (here insert time at which it is proposed to close
debate) if the committee shall not sooner come to a. con-
clusion upon the same; 'and the committee shall then
proceed to vote on such amendments as may be pending
or offered to the same, and shall then report it to the


Dose with such amendments as may have been adopted
by the committee."] The proposition to close debate


ay be made at any time, taking precedence even of a
otion to go into Committee of the Whole; but to be in Sublect must.barnei!der at all, the subject upon which it is proposed to ously consiriel
ose debate must have been previously taken up and
nsidercd by the committee.—Journal, 1, 32, p. 147.


his rule is construed to apply as well to messal;es as as
as


Rule applies
ills; indeed,
Jall subjects committed.


1, 32,
)..146. And debate may be closed upon any one of the


'4objects referred to in a message.—Journal, 1, 32, p. 147.
bile right of the member who reports the measure under . Member report-
onsideration to close debate is held not to be affected AVislro°otisi.
y this rule ; but he may make his closing speech after debate.
e arrival of the time at which the House has directed


hat debate shall ceaSe.—Journal, 1, 31, p. 1056; and
such has been the invariable practice ever since.


Where general debate has been closed, a member is aye lor offering
of at liberty to speak in opposition to his own amend- Pot speak against


ment.—Cong. Globe, 1, 31, p. 1408. Nor can he debate itfoonr.t°rnaing008.
the main proposition.--Ibid., 2, 32, p. 1723.


Debate having been closed at a particular hour by


ere debate(order of the House, it is not comp f for
4;)r the commit- not be; =Xi


tee, even by unanimous consent, to extend the time.— b3.'
Gong. Globe, 2, 32, pp. 784, 785.


It is in order for the committee to lay aside a bill after
other ttk)business lin4viug gone through with it, and, before rising, to pro- aoftler.i,


withed to other business on the calendar, notwithstanding bill on which
House may have adopted a resolution closing debate bate closed.


'ereon.—Cong. -Globe, 1, 33, pp. 1130, 1131.
".111 amendments made to an Original motion in com- Amendments to


an original mo-
tion.


69




70 COMMITTEES OF THE WHOLE.


mittee shall be incorporated with the motion and so
Bills and resole- reported."—Rule 108. [Bills and resolutions are some-


tions originating
in Committees of times originally moved in Committees of the Whole
tho Whole. having for their bases messages or reports previously


referred and then up for consideration.]
Amendments to "All amendments made to a report committed to a


a report. Committee of the Whole House shall be noted and re-
ported as in the case of bills."—Rule 109.


An amended If the committee shall amend a clause, and subse-
clause subse-quently stricken quently strike out the clause as amended, the first amend-
out. ment thereby falls, and cannot be reported to the House


Bill amended and voted on.—Journal, 2, 31, p. 346. [So, too, if the'
and substituto af-
terward adopted. committee shall amend a bill ever so much, and subse-


quently adopt a substitute therefor, the bill is to be re-
ported to the House with but a single amendment, viz,
the substitute; and the House has only to choose be-
tween the original bill and the substitute.]


Motion to rise. In Committee of the Whole a motion - to rise, like the
motion to adjourn in the House, may be made at any
time; and when at the rising a member is entitled to the
floor, he is entitled to occupy it in preference to any
other member at the next sitting of the committee.


Member does Cong. Globe, 1, 31, pp. 358, 388. And a member occupy-
not lose his right .
to floor by rising, Mg the floor may yield it to another member to wove
and may. yield for„,
that purpose. that the committee rise, without losing his right to reoe-


Motion to rise copy it at the next sitting. —/bid., 2, 31, p. 645. The
may be with-
drawn before.- ote motion to rise may be withdrawn at any time before the.
announced.


vote thereon is announced.—/bid., 1, 31, p. 318.
Motion for tax "No motion or proposition for a tax or charge upon


or charg° upon
people. the people shall be discussed the day on which it is made


or offered, and every such proposition shall receive
first discussion in a Committee of the Whole House."---


its.


Increase of tax. Rule 110. And "no sum or quantum of tax
or duty. voted by a Committee of the Whole House shall be in-


creased in the House, until the


or duty


motion or proposition for
such increase shall be first discussed and voted in a
Committee of the Whole House, and so in respect to
the time of its continuance.”—rule 111.


Appropriations "All proceedings touching appropriations of money
T.L„rdoiiste74:Abe shall be first discussed in a Committee of the 10°1°


House.”--Rule 112. (See APPROPRIATION BILLS.)


COMMITTEES OF THE WHOLE.
71


[The construction given to this rule is, that all bills,
or amendments thereto, containing aim appropriation of
money must be committed to a Committee of the Whole
before being considered in the House ; hence, if such a
bill, on its engrossment or third reading, or such an
amendment, be pending before the House, and no motion
is made to commit or postpone, the House must pass
from its consideration and the bill go to the Speaker's
table; but House bills with Senate amendments reduc-
ing the amount of or restricting appropriations need not
be committed.]


A bill directing the disbursement of money already Bills which need
appropriated—Journal, 1, 24, p. 254—or directing pay- not be cosuuntted.
ment of money hereafter to be appropriated—Journal, 1,
31, p. 1216-7need not be committed. Neither is it ne-
cessary that a bill containing au appropriation of lands
should be committed.—Journal, 1, 30, p. 526. And when
the rules have been suspended for the purpose of en-
abling the report of a measure to be made, and also for
its consideration, a point of order that it contains au
appropriation cannot be well taken.—Journal, 1, 34, pp.
1172, 1173.


"No appropriation shall be reported in the general
to appropriationAmendments


.appropriation bills, or be in order as an amendment bills.
thereto, for any expenditure not previously authorized
by law, unless in continuation of appropriations for such
public works and objects as are already in progress, and
for the contingencies for carrying on the several depart-
ments of the Government."—Pule 120. •


An amendment in the nature of a private claim on the
Government is not in order to a general appropriation


111.—Cong. Globe, 1, 31, pp. 1617, 1651; 2, 32, p. 736;
1 33, pp. 385, 1483.


[In the case of au appropriation reported by the Corn-
of cannot rule outii


„4-tee on Appropriations in conflict with the. 120th Rule, of ot!lite7 bill )oatnit.


0O
4.4 Committed with the bill, it is not competent for the "lifted.


mmittee of the Whole to rule it out of order, because
the House having committed the bill (of course it is
Cktherwise• where the point was reserved before commit-


eat) are presumed to have received, as in order, the
'Oport in its entirety. So far as proposed amendments




7 2, COMMTTEES OF THE WHOLE.


Practice in re- are concerned, the current of decisions in Committees of:gard to amend- the Whole has been to exclude not only all appropriations.meats
not previously authorized by law, (with the exceptions-
Con tained in the rule,) but also all independent legislation;
tolerating, however, limitations and provisos as to ap-
propriations which are themselves in order.]


How bills are to "Upon bills committed to a Committee of the Whole
be considered in. Horse, the bill shall be first read throughout by the Clerk,


and then again read and debated by clauses, leaving the
Preamble. preamble to be last considered ; the body of the bill shall
Row amend- not be defaced or interlined; but all amendments, not-


iimoetVife to be •11 g the page and line, shall be duly entered by the Clerk
on a separate paper, as the same shall be agreed to by


After bill is re- the committee, and so reported to the House. After re-ported from. port, the bill shall again be subject to be debated and
amended by clauses before a question to engross it be
taken"—Rule 107. [The first reading herein required is
usually dispensed with, but of course only by unanimous
consent. Since the practice has obtained of printing all
bills upon the order for their commitment, the amend-
ments are usually noted upon a copy of the bill. The
debate and amendment after report of a bill is usually
precluded by an order for the previous question.]


What bills are [General appropriation, tariff, and tax bills are con
cjantsi 'else rat wi t sidered by clauses ; other bills by sections.]
by sections.


A clause oy sec. Where a bill is being considered by clauses or sections,teiioni.lrecononot b
„"),','„- and the committee has passed from the consideration of


passed over.




a particular clause or section, it is not in order to recur
thereto.—Conj. Globe, 2, 32, p. 730; 2, 35, p. 1422.


How bills are ta- Committee of the Whole on the state of the Union,
ken up in Union. the bills shall be taken up and disposed of in their order


on the calendar; but when objection is made to the con-
sideration of a bill, a majority of the committee shall
decide, without debate, whether it shall be taken up and


Peeferred bills disposed of or laid aside: Provided, That general appro-
in. priation bills, and, in time of war, bills for raising men


or money, and bills concerning a treaty of peace, shall
be preferred to all other bills at the discretion of the
committee ; and when demanded by any member, the'
question shall first be put in regard to them."—R ule 114


COMMITTEES OF THE WHOLE.
73


[Where a bill has been taken up and is left tindisposed
of at the rising of the committee, it is the business first
in order when the House shall again resolve itself into
c o Am m i ot tei oe


to strike out the enacting words of a bill Report of, to
13itirai ticiatst enact.shall have precedence of a motion to amend; and,


carried, shall be considered equivalent to its rejection.
Whenever a bill is reported from a Committee of the
Whole, with a recommendation to strike out the enacting
words, and such recommendation is disagreed to by the


ouse, the bill shall stand recommitted to the said com-
mittee without further action by the House.—Rule 123.


Where an amendment is reported from the Committee ,Amendments
from,Of the Whole as an entire and distinct proposition, it ble. -not divisi


Aannot be divided but must be voted upon as a whole.—
Owrnals, 1, 28, p. 1061; 1, 29, pp. 366, 642 ; 1, 30, p.
i059 ; 2, 30, pp. 574, 575.


[The following are the usual forms of report by the
to the House.


Forms of report
`Oliairman of the Committee of the Whole, viz :


" The Committee of the -Whole House on the state of T; case of rtmort
the Union, having, according to order, had the state of . `.17rue' odioreLor without,
the Union generally miderconsideration, and particularly
(here insert title of bill or other matter,) have directed
Me to report the same with (or without, as the case may
:be) amendments."


Where the comMittee have failed to get through with in theof failuret
the matter before them, instead of saying, " have directed °et


nrere
n




to &c., say, have come to no resolution


Where the committee have risen for want of a. quorum,
of


case of want
:instead of saying, " have directed me to report," &c., say, Or quorum.
"having found itself without a quorum, I caused the
roll to be called, and herewith report the names of the
absentees to the House."


In case of reports from a Committee of the Whole
e onHouse, the state of the Union,"eiet;a,,:.,wdt, the words c4
the -Union" where they next occur, and insert "private
Where they first occur, and strike out the words "state of


Znxititleoeusool.th.
Report$ from a


[The report of the chairman of the Committee of the Report of, whenWhole is invariably received immediately upon the rising zrero,edi.I and con-




74 COMPENSATION.
of the committee, and, under the uniform practice, the
bill or other proposition reported is the business then in
order for the consideration of the House. It might be
otherwise iu case it was made to appear that a quorum
was not present when it was proposed to make the
report]. But a mere assertion of the fact, without evi-
dence, that a quorum is not present, will. not prevent the
reception of the report.—Journal, 1, 35, pp. 814, 822.


COMPENSATION.


Members shall " Representatives shall receive a compensation for
receive. their services, to be ascertained by law and paid out of


the treasury of the United States."—Const. 1, 6, 9.
Amount of. By the act of July 28, 1866, Sess. Laws, pp. 333 and


334, it is provided that the compensation of each Senator,
Representative, and Delegate in Congress shall be five
thousand dollars per annum, to be computed from the
first day of the present Congress, and, in addition thereto,
mileage at the rate of twenty cents' per mile, to be esti-
mated by the nearest route usually traveled . in going to
and returning from each regular session ; but nothing
herein contained shall affect mileage accounts alreW
accrued under existing laws : Provided, That hereafter
mileage accounts of Senators shall be certified by the:
President of the Senate, and those of Representatives
and Delegates by the Speaker of the House of repre-
sentatives: And provided further, That the pay of the
Speaker shall be eight thousand dollars per annum.


*l ion mileage And by the joint resolution of December 23, 1857, thatpal`' on the first day of the first session of each Congress,. or
as soon thereafter as he may be in attendance and apply;
each Representative and Delegate shall receive his mile
age as now provided by law. And on the first .day
the second or any subsequent session, he shall receive
his mileage as now allowed by law ." — Stat. at Large, Vol.
XI, p. 367.


"Co mileage al- By the act of January 22, 1867, Sess. Laws, p..81 it
lowcd at. March
session to mom- provide d that no person who was a member of the pie"
1,;„"giitgVerri- vious Congress shall receive any compensation, as wile'


COMPENSATION.


Faye, for going to or returning from the additional session
commencing on the 4th of March.


By the joint resolution of March 30, 1867, Sess. Laws, Ma).
be


Inoathly.p. 281, it is provided that each Senator, Member of the
'House of Representatives, and Delegate in Congress,
after having taken and subscribed the required oath,
shall be entitled to receive his compensation at the end
of each month, at the rate now established by law.


By the act of August 16, 1856, it is also provided, that Price of books
fro
to be. deductedif any books shall hereafter be ordered to and received m.


y members by resolution of either or both houses of
:Congress, the price paid for the same shall be deducted
from the compensation provided for such member or
members; but this does not extend to books ordered to
be printed by the public printer during the Congress for
which the said member shall have been elected. It is Deduction from,


easeof
,also the duty of the Sergeant-at-arms of the House, and absence


the Secretary of the Senate, respectively, to deduct from
the monthly payment of any member the amount of his
compensation for each day that such member shall be
absent from the House or Senate, respectively, unless
such Representative, Senator, or Delegate shall assign


has the reason for such absence the sickness of himself or
Of seine member of his family.—Stat. at Large, Vol. XI,
p. 48.


By the joint resolution of July 17, 1862, it is declared Further deduc.
that withdrawal from his seat bya member without otiFaubfsre=in


`48°
leave, in anticipation of, and before, the adjournment of
Congress, and a failure to return, shall, in addition to
the deduction provided by the foregoing act, work a for-
feiture of his mileage for returning home, the amount
etvhich shall be deducted from his compensation.—


at Large, Vol. xu, p. 628.
By a resolution of the House of March 4, 1842, the Excess of eta-


Sergeant-at-arms is required to deduct the amount of (tiuze(ffrome de
the excess of stationery to which he is entitled, received)Y a member, from the pay and mileage of such Mem-
ber.


----Journai, 2, 27, p. 495. (See STATIONERY.)
The compensation which shall be due the members ofix


Sp
emetTgg,0


each house shall be certified to by the presiding officers the eake
e


.


1
Y


75:


paid




70 COMPENSATION.


thereof, respectively ; and the. same shall be passed as
public accounts, and paid out of the public Treasury.—


Certificates of Stat. at Large, Vol. III, p. 404. And all certificates
the Speaker t'o•,
to be conclusive. which may have been or may be granted by the presid-


ing officers of the Senate and House of Representatives,
respectively, of the amount of compensation due to the
members of their several houses, are, and ought to be,.
deemed, held, and taken, and are hereby declared to be,
conclusive upon all the departments and officers of the
Government of the United States.—Stat. at Large, Vol.
IX, p. 523.


Of member who By the joint resolution of March 3, 1859, it is provided
shall die after the
counnencementof that whenever, hereafter, any member of the House d
Congress. Representatives shall die after the commencement of the


Congress to which he shall have been elected, compen-
sation shall be computed and paid his widow, or, if no.
widow survive him, to his heirs-at-law, for the period that
shall have elapsed from the commencement of such Con-
gress as aforesaid : Pron vided, That compensation shall be
computed and paid in all cases for a period of not less
than three months; and in no case shall constructive


Of member mileage be computed or paid. The compensation of each
vacancy.
elected to fill person elected or appointed afterward to supply the va


cancy so occasioned shall hereafter be computed and paid
from the time the compensation of his predecessor is
hereby directed to be computed and paid for, and not
otherwise.—Stat. at Large, Vol. XI, pp. 442, 443.


Of member By the joint resolution of July 12,1862, it is provided
elected to fill
vacancy. that in all cases of vacancy in either house of Congress,


by death or otherwise, of any member elected or appointed
thereto, after the commencement of the Congress to
which he shall have been elected, each person afterward
elected or appointed to fill such vacancy shall be com-


pensated and paid from the time that the compensation
of his predecessor ceased : Provided, That vo member
shall receive for his compensation more than three thou-
sand dollars for any one year.—Stat. at Large, Va. AM


p. 624. The present compensation is $5,000 per annwn
See ante, p. 72.


(See SERGEANT-AT-ARMS and MILEAGE.)


CONCURRENCE—CONFERENCE COMMITTEES.
77


CONCURRENCE.


[The question which first. arises on a resolution, amend- thQurirlfr is
nient, or conference report, is on concurrence. And as arises.
the negative of concurrence amounts to the affirmative
of non-concurrence, no question is afterward put on the
latter motion.]


CONFERENCE .COMMITTEES.


"It is on the occasion of amendments between the When confer-
houses that conferences are usually asked; but they may ences are asked.
be asked in all cases of difference of opinion between the
wo houses on matters depending between them.”-2fan-


wal, p. 128.
"In every case of an amendment of a bill agreed to In ease of dis-


in one house and dissented to iu the other, if either house moneLeeniit tsn.8 to
shall request a conference and appoint a committee to
confer, and the other house shall also appoint a commit-
tee to confer, such committee shall, at a convenient hour,
to be agreed upon by their chairman, meet in the confer-
ence chamber, and state to each other, verbally or in .
writing, as either shall choose, the reasons of their re-
spective houses for and against the amendment and con-
fer freely thereon."—Joint Rule 1.


[Usually, and especially toward the close of a session, Request of Sen.
the request of the Senate for a conference is reciprocated Zeirbeilrhen


con.
immediately upon its being communicated to the House;


7but such request can only be considered in order at the
time that messages from the Senate on the Speaker's




table are in order.]
The usual course of proceeding previous to a confer- Usual proceedOuce is for one house to disagree to the other's amend. iug previous to.


Ittent, and for the amending house to insist upon its
amendment and ask a conference.—Journal 1, 35, pp.
111, 933, 1062. But it sometimes happens, near the close
of a session, that one house disagrees to the other's
ame


ndments and thereupon asks a conference.—Journal
3,2v. 221, 222; 2, 35, p. 564. A conference sometimes Conference af.


:altos.
place after one house has adhered.—Journal 1 ) - 3 , ter adherence.


283; 2, 3, p. 254 ; 1, 34, pp. 1600, 1602; 1, 35, pp.
6:04, 615 620; Senate Journal,


January 20, 1834; Manual,)
129.




7S
CONFERENCE COMMITTEES.


At least two " In the ordinary parliamentary course there are two
conferences be,,
fore.adhefence. free conferences at least before an adherence. -Manual,;;


p.126. There are sometimes three and even four confer-
ences before a matter of difference is disposed of.-Jour-
nal, 1, 34, pp. 943, 1600; 1, 35, p. 1136.


To recede, to In the case of disagreeing votes between the two
insist, to adhere. houses, the, House may either recede, insist and ask a con-


ference, or adhere, and motions for such purposes take
precedence in that order. (See Manual, pp. 114, 115;
Journal, 1, 23, p. 229; 1, 34, pp. 1516 to 1518.)


[Even though the previous question may be pending
on a motion to insist or to adhere, a motion to recede,
which removes the disagreement between the houses and
passes the bill, may be made, but of course is not de-
batable.]


Report may be The report of a committee of conference is, under the
mado at any time. practice of the House, so highly privileged that it has


been held to be in order even pending a motion for a call
of the House.-Journal, 1, 31, p. 1590.


[Indeed, under the practice, reports of conference com-
mittees are received at any time (except when the rules
are suspended) even during the pendency of a motion t6
adjourn or to adjourn over, and, like the motion to go to
the Speaker's table, may interrupt a member who is on
the floor speaking.]


Member of, ab- [A member of a conference committee who may be,
sent. absent on the business of the committee is, according to


the practice, understood to be absent by leave of the
House.] •


Where unable Where a conference committee is unable to agree, that
to agree. fact is reported, and another committee is usually asked


for and appointed.-Journals, 1, 31, p. 1681; 1, 34,0
919, 938, 1.516, 1518 ; 3, 34, p. 663; 1, 35, p. 1118.


Where report is So, too, when a report is disagreed to, another confer-
disagreed to. ence usually takes place.-Journals, 2, 27, p.1248; 3, 311


pp. 653, 655 ; 1, 35, pp. 1105, 1106.
May be instruct- [A committee of conference may be instructe d like ell


ed. other committee, but the instructions cannot be meved
when the papers are not before the House.] not Us,


Cannot be The report of a committee of conference eau -
amended.


CONGRESSIONAL DIRECTORY-CONGRESSIONAL GLOBE. 79


p. 1590. [And its effect will be to lay the bill also on Ididon the tahle.
be. Manual, p. 128. Journal Senate, May 24, 1796.


the table.


amended or altered as that of another committee may


The report may be laid on the table.-Journal, 1, 31, Report may be


The enunittee may report agreement as to some of May report
the matters of difference, but unable to agree as to 1)g r maent2 al to
others.-Journa/, 1, 29, p. 1302. Ferment as tothe rest.


"The request of a. conference must always be by the b Must be asked
house which is possessed of the papers."-Manual, p.128. hastloie'siepers.


"In all cases of conference asked after a vote of dis- Papers to be left
with conferees of


agreement, &c., the conferees of the house asking it are house agreeing to
to leave the papers with the conferees of the other." c nferenco.
Manual, p. 129. [And of course the report must be first telag:t1=
made to the house agreeing to the conference.]


CONFIDENTIAL COMMUNICATIONS.


(See SECRET SESSION.)


CONGRESS.
( See MEETING OF CONGRESS.)


CONGRESSIONAL DIRECTORY.


By the joint resolution of February 14, 1865, it is pro- By whom cora-
Vided that the Congressional Directory- shall be compiled piled.
under the direction of the Joint Committee on Public .
Printing, and published by the Superintendent of Public
Printing; the first edition of each session to be ready for wpeu teberea.
distribution within one week after the commencement tiYou. " thsti -
thereof:-Stat. at Large, Vol. XIII, p. 568.


CONGRESSIONAL GLOBE.


The daily proceedings of the House, including the Reports proceed-debates, are published in the Con gressionnl Globe. And, lugs'
in order to facilitate the reporting of the same, the Door- Seats for report-
keeper was directed, by a resolution of the House, (Jour- era
/Zai) 1, 32, p. 70,) to provide chairs for its reporters, to be




report
placed


4 lob e Cong. Globe, 1, 31, p. 1148.


in the
port in.


.111
ot


front
privileged


of the Clerk's' desk
to correct


.


It is n
a a. to correct a re-Not privileged




so
CONGRESSIONAL GLOBE.


An appropriation is annually made to furnish each
member and delegate with twenty-four copies of the
Congressional Globe and Appendix.


lames of mem . A record is required to be made in the Congressional
hors not voting to
ho recorded in. Globe, immediately after the names of those voting in


the affirmative and negative, of those not voting, on any,
call of the yeas, and nays.—Rule 149.


Completcset of, By the act of July 4, 1864, the Clerk is directed to
to bo furnisd
each memb


he
er. purchase from the publishers, for each Representative . ,


and Delegate of that and each succeeding Congress, who
has not heretofore received the same, one complete set
of the Congressional Globe and Appendix—that and the
other provisions of said act to be abrogated by either
Congress or the publishers after two years' notice.—
Stat. at Large, Vol. XIII, p. 392. The notice required


Notice of abro- by the forgoing act is . given by Congress in the acts of
ofcontract Marcht 1867.--Stat. at Large, 2, 39, pp. 442, 413, 471.wiU.


wew contract By the joint resolution of March 3, 1869, Sess. Laws,.
authorized. 340, p. 98, the Joint Committee on Public Printing are


authorized to contract with the proprietors of the Globe
for reporting and publishing the debates in Congress,
for the term of two years on and from the 4th of March,
1869.


Proceedings shall By the act of March 2, 1865, it is provided that the.
daily paper, &.c. proceedings of Congress shall be. published in the Dailyappear


next


Globe of the day subsequent to the day such proceed-
ings were had, and delivered to both houses at their time
of meeting ; but the daily publication of not more than
forty columns of such proceedings is required, and
speeches not actually delivered shall be postponed until
the same can be published without increasing the extent
of proceedings beyond forty cohunns.--Stat. at Lave)
Vol. XIII, p. 460.


Copies of bills, By resolution of the House of May 7, 1866, it is
&c•, to be fur- directed that the reporters of the Congressional GlobeDished to report- C
ers of. be furnished with three copies each of all bills and res-


olutions printed by order of the House.—Journal, 1, 39)
p. 675.


,7, the
List ofinembera By resolution of the House of February 16, 1.86


Vibe farnish d to o „„ the the Globe,the publishers of. C lerk is airecLea. to furnish e publishers of Lu




CONSIDERATION—CONVERSATION—DEBATE.
81


Tat each session of Congress, a list of the members of
the House, with their post office address and the number
,of their seats.—journal, 2, 39, p. 405..


CONSIDERATION.


"When, any motion or proposition is made, the pies. lyhtn <primof,
t 'Will the House now consider it?' shall not be put,


P
unless it is demanded by some member, or is deemed




necessary by the Speaker.--Rule 41. And it is compe-




tent for a member to raise the question of consideration
upon a report, even though a question of privilege is
involved in the report.—Journia, 1, 35, pp. 1083, 1085.
But after a question has been stated, and its discussion When too late.
'commenced, it is too late to raise the question of consid-
"eration.—Journal, 1, 17, pp. 296, 297. [The question of
'consideration, of late years, has very rarely been raised.]


CONTESTED ELECTIONS.


(See ELECTIONS CONTESTED.)
CONVERSATION.


"While the Speaker is putting any question or address- when not to be
ing the House, or when a member is speaking, none shall indulged in.
entertain private discourse."—Buie 65.


COURT OP CLAIMS.


(See CLAIMS, COURT OF.)
DAILY GLOBE.


(See CONGRESSIONAL GLOBE.)
DEBATE.


r4 When a motion is made and seconded, it shall be 3fotion to be
et uorreadbe-Stated by the Speaker; or being in writing, it shall be


l
anded to the Chair and read aloud by the Clerk before


debated."—:Buie 38.
When any member is about to speak in debate, or


. Member mugsUeliver any matter to the House, he shall rise from his Illeir.agidzLdrrest
N
eat and respectfully address himself to "Mr. Speaker."—


le O. .[According to the usage, he may rise from any
eat he may happen to occupy.]


B D-6




DEBATE. 83
DEBATE.82


When more than "When
two or more members happen to rise at °nee


at same time.
the Speaker shall name the member who is first too member ri es
speak."—Buie 59. - And it is the right of the Speaker
generally to name the member entitled to the floor.—
Journal, 2, 32, p. 405. (See also Manual, p.a718;ilNevho6fthiet


at no a
is held, in reference to similar language


, thppeal lies from the presiding officer'sSenate,
decision.)


who clamed to By parliamentary courtesy, the member upon whosefloor by courtesy. motion a subject is brought before the House is first enti-
tled to the floor.—Journal, 2, 30, p. 247. [So, too, it is an
invariable practice , for the Speaker, at every new stage
of a•ill or proposition , to recognize first the member whohas had charge of it, even if another member addressed
him first: Provided', He is a competitor for the floor.]


xomembershall "No member shall speak more than once to thesame
se ix) ec ac ipc t t v. olvmo er _ 4;question without leave of the House, unless he be:the


mover, proposer, or introducer of the matter pending; in
which case, he shall be permitted to speak in reply, but
not until every member choosing to speak shall have
spoken."—Bole 63. But it is too late to make the ques-
tion of order that a member has already spoken, if lib
one claims the floor until he has made some progress in


Wheremerabers
hie speech.—journat, 1, 29,.p. 31. "Members may ad-
(tress the House or committee from the Clerk's desk, ormay speak from. ,
from a place near the Speaker's chair."—Bute, 58. [Mem,
bers very seldom speak- front the place here indicated,
but usually from some central position in the halli].


Members
Where an amendment is offered after a mem)* has


ay


:U'etia,Z,Vi': al%
occupied the floor, he may again occupy the fico, the:


feted. question being changed.—Journal, 1, 28, p.
532.


Member may
A member who has once spoken may be. recognized to


question after move
the previous question.—Journa/, 24, p. 1401.


having (Alec' sPo- The right of the “member reporting the measure to
move previous


opentoBight
and close, not af-






,, and close debate is not affected by an order eithercease in„ ,
footed by M acprevi-


for the previous question or that debate shall
of debate. committee.—Journal, 1, 31, p. 1056. Cong.


, 11close question or .4'ous
pp. 1308 to 1310. [But he has only au hour


allowed 11


the rules to close the debate; and if, after havin
g oacTs


pied part of the hour in closing, he moves the previ°1


„queStien and it is seconded, lie is then only entitled to
so much of the hour as he has not already occupied.]


Where a member has spoken part of his hour, and Where member
moves prevmus


p
oved the previous question; he may withdraw the Question within
otion and speak tor the remainder 'Of his time.,Ibitrnal, Ins hour.


, 31, pp. 1367, 1368.
While a member is occupying the floor, he may yield




;my
At to another for explanation of the pending measure as yield P '-


*01 as for personal explanation. Journal, 1, 32, p. 524.
[go, too, he may yield it for a motion to adjourn, or that


e committee rise, without losing his right to reoccupy
it for the remainder of his time Whenever the pending
question shall be resumed ; but it is otherwise when he


elds to enable another to offer or withdraw an amend-
dnit.]a i member


shall confine himself to the question under Must bo con-fined to the ques-bate, and avoid personality"-/e 57—but in corn- non and person-
, . lity avoided.
'We of the Whole on the state of the Union he is notJ.i,ec.‘;>?nittee


bound to confine himself to the question under debate---.°f
Cong. Globe, 2, 30, p. 587; 1; 31, p. 1475; 1, 32, p. 1856—
except where a special order is pending, when the debate


'1st be confined strictly to the measure under considera-
Mi.—Bule 114.


o
4‘..


contestant for a seat or other person occupying the de?y°11=ts/iT
or by leave of the House, is subject alike with members ject to rules.
the rules regulating debate.—Jonlwal, 1 28, p. 1011.
The question of the rejection of a bill, arising- upon its . eQ o.n 91e. dr-taztt.'estiof bill e.


fitSkreading, is debatable.—Journal., 2, 32, p. 152.
On an appeal growing out of questions as to the appli-




member
more


abilit y or relevancy of propositions, &e., "no member oncespeak:Oon appeals.
tise.lilstaika 2.ore than once Without the leave of the


"If any member; in speaking or otherwise, trangress Wherementher
e rules of the House, the Speaker shall, or any mem- trWsgesssalitnig'.
t may, call to order ; in which case, the member so


to order shall immediately sit down, unless per-
Tittcd to explain ; and the House shall, if appealed to,
(teWe on the case, but without debate; if there be no
4,46al, the decision of the Chair shall be submitted to..
11.the decision be in favor of the member called to order




84 DEBATE. DEBATE. 85
Ifornay proceed he shall be at liberty to proceed; if otherwise, he shall not


in order, if no
member objects, be permitted to proceed, in case any member object, without
or with leave. leave of the House ; and if the case require it, he shall be


liable to the censure of the House."—Bule 61.
Wordsexcepted "If a member be called to order for words spoken in


to, to be reduced
to writing. debate, the person calling him to order shall repeat the.


words excepted to, and they shall be taken down in writ-
When not eon- ing at the Clerk's table ; and no member shall be held to


sumble for words
spoken. answer, or be subject to the censure of the House, for:


words spoken in debate, if any other member has spoken,
or other business has intervened; after the words spoken,
and before exception to them shall have been taken.”_.
Rule 62.


Proceedings of It is a breach of order in debate to notice what has
other house Pot
to be noticed in. been said on the same subject in the other house, or the


particular votes or majority on it there; because the
opinion of each house should be left to its own inde-
pendency, not to be influenced by the proceedings of
the other; and the quoting them might beget reflec. •
tious leading to a misunderstanding between the two
houses.—Manual, p. 81.


Not to be clues- "For any speech or debate in either house, members
tioned out of
house for debate. shall not be questioned in any other place."—Const., 1,


9.
No conversa- While a member is speaking, none shall entertain


lion or passing,
between member private discourse, nor pass between him and the Chair.—
and Chair. Rule 65.
Hour rule. "No member shall occupy more than OD e hour in debate


on any question in the House or in committee ; but S-
member reporting the measure under consideratio n from
a committee may open and close the debate: Provided,
That where debate is closed by order of the. House, all


Five minutes' member shall be allowed, in committee, five minutes to
debate. explain any amendment he may offer—December 18, 1817


—after which any member who shall first obtain the
floor shall be allowed to speak live minutes in p npositioo
to it, and there shall be no further debate on the amend-
ment ; but the same privilege of debate shall be allo Wed
in favor of and against any amendment that waY 7,
offered to the amendment; and neither the amendole 1l"


nor an amendment to the amendment shall be withdrawn
kby the mover thereof, unless by the unanimous consent
of the committee.—August 14, 1850: Provided further, d ?lotseing of all
That the House may, by the vote of a majority of the
members_present, at any time after the live minutes'
debate has taken place upon proposed amendments to
any section or paragraph of a bill, close all debate upon
.such section or paragraph, or at their election upon the
pending amendments only."—Rule 60.


"The House may at any time discharge the Committee eiDellittocinayilite
of the Whole House and the Committee of the Whole tee of the Whole.
House on the state of the Union from the further con-
sideration of any bill referred to it, after acting, with-
Out debate; on all amendments pending that may be
.Offered."---.Bu le 104.


But tile subject must have been considered in Corn- inutsubjectinust
mittee of the hole; and tins


applies as well to Z(1' been consid-W
in commit


, messages as bills.—Journal, 1, 32, pp. 146, 147. tee.


or


By Rule 52 debate on the day of their presentation is ..1=7.011: nso-ginni:
oh ibited upon resolutions submitted on the'call of the lon leave on day of


States and Territories after the reports of committees; presentation.
and by Rule 130 all resolutions submitted on Mondays
which shall give rise to debate shall lie over for discussion
at least until all the States and Territories are called.
And it has been decided (Journal, 1, 26, pp. 557,. 763) that
bills introduced on leave upon the call for resolutions,
and which give rise to debate, must also lie over. It is
a very common practice, however, when a resolution is
submitted under these rules, for the mover to immediately
demand the previous question, which, if ordered, pre-
Tents.


debate and brings the House to a direct vote on
the resolution—thus avoiding the necessity for its lying


;`over.—Journal, 1, 26, pp. 1064, 1067; 2, 27; p. 429; 1, 28,
2). 558; 1, 29, p. 1235. ; 1, 30, p. 326.


By Rule 130 all bills introduced on leave during the prohibited on
first hour after the Journal is read on Mondays must be obnii;lionbCttaVtice41
referred without debate.


"On the first and fourth Friday and Saturday of each Not allowed on
month the calendar of private bills shall be called over, rsrt aamt6id
and the bills to the passage of which no objection shall azy and &dor-




86 DETIATE,
then be made shall be first considered and disposed otj
But when a bill is again reached, after having been once
objected to, the committee shall consider and dispose qt,
the same, unless it shall again be objected to by at least
five meinbers."—Ride, 129. [The universal practice udder
this rule is not to .tolerate discussion in committee on an,:
private bill on the clays named; and it has been decided
(jazzman, 31, p. 697) that the rule applies equally to
bills in the House.]


Not allowed on "A motion to adjourn, and a, motion to fix the day to
motions t att. which the House shall adjourn,. shall be always in order;journ, to fix day, i . •
and to lioon table. these motions, and the motion to lie on the- table, shall


be decided without debate.",..kale 44.
Not allowed on " On a motion to excuse a. member from voting, the


motion to be ex- question shall be taken without debate,"141e 31.cused from .rot-
ilor On previ- " On a previous question there shall be no debate. All
inte,?,.VT„6 .r incidental questions. of order arising after a motion is
tions pending it, made for the previous question, and pending. such


motion, shall be decided, whether on appeal or other-
wise, without debate." And under Rule 132, after the
main question is ordered, its effect shall be " to put an
end to all debate." And " the House may also, at -any
time, on motion, seconded by a majority of the members
present, close all debate upon a pending amendment, or
an amendment thereto,. and cause the question to be put
thereon; and this shall not preclude any further amend-
ment or debate upon the bill."


Nor on motion to Pending the demand for the previous question on the
reconsider third
reading whilepre- passage of a bill, it is not in order to debate a motion
Yi°" "'esti" is reconsider the vote on its third reading; but the votepending a pas- .6. 7
sage. must be taken without debate.—Journal, 1, 34, p. 10•


Nor pending such demand is it in order even to asiC
question of the mover of the proposition.,Jou•ga4 1,
28, p. 1003.


Nor on macs- " All questions relating to the priority of business tolions of priority
ot. business. be acted on shall be decided without debate."--Rzzle


Nor on motions [it has been invariably held, too, that a motion to. sus!
t(L suspend nrcc orste p ;s;. end the rules is not debatable • nor motions t4>o Ives
votes on O nes- shier votes on questions which were not theni§e
tions not debat- uOL
able.
debatable, except where the original question


DELEGATES.
87


debatable by reason of the order fin' the previous ques-
tion.]


Where a question has been ordered to be taken by yeas bNof after alum-
and nays, and has been put by the Speaker, and upon toeilirDS, lubel. end
the roll-call a vote has been given by a member, further
debate is precluded.—Journal, 2, 10, p. 446. Such con-
tinues to be the practice ; but if a member rises before a.
response is given., and is recognized by the Chair, he may
proceed to debate the question.—Jomal, 1, 17, . 21.6.
217.


[On a motion to postpone, the debate allowable is very on motions to
postponeandeom-limited but on a motion to commit, the whole question init.


is open.]
DELEGATES.


By the act of March 3, 1817, it is provided, "that in elele'itTovni soir for
every Territory of the United States in which a tempo-
rary government has been or hereafter shall be estab-
lished, and which, by virtue of the ordinance of Congress
...of the 13th of July, 1787, or of any subsequent act of
Congress passed or to be .passed, now hath or hereafter
hall have the right to send a Delegate to Congress, such
elegate shall be elected every second year, for the same


erns of two years for which members of the House.of
3Representatives of the United States are elected ; and to te.satuneurtigikhot
in that House each of the said Delegates shall have a to vo
seat, with a right of debating, brit not of voting."


crank ing
The compensation and franking privilege of Delegates Compensation


are the same as of members.—(See CO3.11,ENSATION and ;Iles
VRANKING PRIVILEGE.)


The right of a Delegate to submit a resolution is recog-
nised by the 52d and 130th Rules, and it is also compe-
tent for him to submit any motion which a member may May make mo-
Make, except the motion to reconsider, which is depend- ton$.
ent upon the right to vote.—Journals, 2, 30, p. 503 ; 1,
31, p. 1280.


[in the organization of the House, the names of Del- Names of, called
egates are called over after those of members, and before Lowaou si ?. tian of
taking their seats the same oath or affirmation is admin-
istered as in th,e case of members.].




Speaker may
call member by
name.


Clerk shall pre.
servo order and
decorum before
Speaker is elect-
ed.


88


DEPARTMENTS—DISORDER.


DEPARTMENTS.


(See EXECUTIVE DEPARTMENTS.)


DISORDER.


In the galleries "In case of any disturbance or disorderly conduct in
or lobby. the galleries or lobby, the Speaker (or chairman of the


Committee' of the Whole House) shall have power to
order the same to be cleared."—Rule 0.


Housemaypun- "Each house may punish its members for disorderly
ish members for. behavior."—Const. U. S., 1, 5, 8.


Speaker shall "The Speaker shall preserve order and decorum."
preserve order.


Rule 2. And the Sergeant-at-arms shall aid in the en-
forcement of order under the direction of the Speaker.—
Rule 22. .


easeof mem- "If any member, in speaking or otherwise, transgress
kr


.


called to or-
der. the rules of the House, the Speaker shall, or any mem-


ber may, call to order; in which case the member • so
called to order shall immediately sit down, unless per-
mitted to explain; and the House shall, if appealed to
decide on the•case, butt without debate. If there be no
appeal, the decision of the Chair shall be submitted to;::,•
If the decision be in favor of the member called to ordoi',
he shall be at liberty to proceed ; if otherwise, he silo
not be permitted to proceed, in case any member object, vi41.0•
out leave of the House ; and if the case require it, he shall
be liable to the censure of the House."—Rule 61.


ember/nay be If a member be called to order for words spoken in
censured. debate, the person calling him to order shall repeat the


words excepted to, and they shall be taken down in
writing at the Clerk's table; and no member shall'-be
held to answer, or be subject to the censure of the . House,
for words spoken in debate, if any other member has
spoken, or other business has intervened, after the words
spoken, and before exception to them shall have been
taken."—Rule O. (See decision under latter clause of
this rule, Journal, 2, 37, p. 610.)


Specific viola- While the Speaker is putting any question, or address-
dons of order. ing the House, none shall walk out of or across the House;


nor in such case, or when a member is speakin g, shall
entertain private discourse ; nor while a member is-speak"


DISTRICT OP COLUMEIA,COMMITTEE FOR.
89


jug shall pass between him and the Chair. Every mem-
ber shall remain uncovered during the session of the
Uouse. No member or other person shall visit or remain ,
'by the Clerk's table while the yeas and nays are calling
Or ballots are counting.—Rule 65.


44 No person in speaking is to mention a member then Member not to
bate.


"Dis rd rly
in de-present by his name."—Martuca, p. 79.


" Disorderly words spoken in a committee must be illn icsoltilt3;ewoords
written down as in the House, but the committee can
only report them to the House for animadversion."—




Manual, p. 81. .
A committee cannot punish a breach of order in the


Rouge. It can only rise and report it to the House, who
'ay proceed to punish. Manual, p. 94; Journal, 1, 2S,
846.
"If reheated calls do not produce order, the Speaker


may call by his name any member obstinately persisting
in irregularity."—Manual, p. 80.


" Pending the election of a Speaker, the Clerk shall
reserve order and decorum, and shall decide all ques-


tions of order that may arise, subject to appeal to the
House."—Rule 146.


DISTRICT OF COLUMBIA, COMMITTEE FOR.


There shall be appointed at the commencement of each When appoint.
1 and of whatCongress a Committee for the District of Columbia, to


ep nsist of nine members.—Rule 74.
"It shall be the duty of the Committee for the District Its duties.


Of Columbia to take into consideration all such petitions
pd matters or things touching the said District as shall
:Pe'presented, or shall come in question, and be referred
to them by the House, and to report their opinion thereon,
together with such propositions relative thereto as to
them shall seem expedient. The third Friday of each Tobeonlyealled
Month, from the hour of 2 o'clock p. m. until the adjourn- e'eanotiliugouleaY°1binuesi:Itleosfs


' reported


day, shall, when claimed by the Committee
for the District of Columbia, be devoted exclusively to


ort from said committee ; and said com-
mittee shall henceforth be omitted by the Speaker in the
:regular calls of committees."—Rule 82.




90 DIVINE SERVICE.


DIVISION OF THE HOUSE.
(See VOTING.)


DIVISION OP QUESTIONS.


How made. "Any member may call for the division of a question,
before or after the main question is ordered, which shalt
be divided if it comprehend, propositions in substance so,
distinct that one being taken away a substantive propo•


Motion to strike sition shall remain for the decision of the House. A
out and insert not
divisible motion to strike out and insert shall be deemed indivisi.


Other questions ble."—Rule 46. But it has been decided on appeals that
not divisible. on motions to commit with instructions, or on the differ-


ent branches of instructions—journal, 1, 17, p. 507; 1,
31, pp. 1395-'97; 1, 32,p. 611—on a Senate amendment—
Journal, 2, 32, p. 401—on an amendment reported as a
single amendment from a Committee of the Whole—
Journals, 1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059;
2, 37, p. 170, &c.—on a series of resolutions proposed to
be inserted in lieu of other matter—Congressional Mae,
1, 31, p. 1301—a division of the question cannot be had.


Upon engross- "Upon the engrossment of any bill making appropri-
ment of inter-
nal improvement ations of money for works of internal improvement of
bills. any kind or description, it shall be in the power of any


member to call for a division of the question, so as to
take a separate vote of the House upon each item of
improvement or appropriation contained in said bill, or
upon such items separately, and others collectively, as.
the members making the call may specify ; and if one
fifth of the members present second said call, it shall be
the duty of the Speaker to. make such divisions of
question., and put them to vote accordingly"—slide 121.


Notallowed up. [But it has been invariably held, and never appealed
on other bills. from, that the rules in regard to a division of the ques•


tion apply to no other description of Nils than sucli as
make "appropriations of money for works of internal
improvement."]


DIVINE SERVICE,


Not to be per. No person shall be permitted to perform divine ser•
formed in Om ball
without the con. v in the chamber occupied by the House of Rep
sent of the • le 6•
er. atives unless with the consent of the Speaker,"---Su


r


Speak-






esent


DOCUMENTS—DOORKEEPER. 9.1


DOCUMENTS.


(See PUBLIC DOCUMENTS.)
DOORKEEPER.


')n=1:
A Doorkeeper shall be elected at the commencement To be elected


of each Congress, to continue in office until his successor 1;tL:07e
glasih of office.is appointed, who shall take an oath for the true and


faithful discharge of the duties of his office, to the best
of his knowledge and abilities, and to keep the secrets.


roi n seappointee
thew of


of the House; and his appointees shall be subject to the
sully,Tie,se


approval of the Speaker; and in his election the vote
Viva voce voteshall be taken viva voce:—Rule 10. for.


He is also required, by the act of July 2,


Additional oath1862, to take
ofan additional oath.—(See OATH.)


"The Doorkeeper shall execute strictly the 134th and 04nt
Ilo the rules135th Rules, relative to the privilege of the hall ; and he inislsx%ard


in
to


g
ad-


i{shall be required, at the commencement and close of loor midon
each session of Congress, to take au inventory of all the %all take in-
furniture, I.).00ks, and other public property in the several e\ryt`i';';UifutfilM
committee and other rooms under his charge, and shall ana other rooms.
report the same to the House; which report shall be
referred to the Committee on Accounts, who shall deter-
mine the amount for which he shall be held liable for
missing articles. It is the duty of the Doorkeeper, ten Shall clear the
minutes before the meeting of the Ilouse each day, to fulZri°,==
s that the floor is cleared of all persons except


. those onsituems celtisefore
.npr2it\i, 12e7g.


.ed to remain during the sessions of the House."---


By the act of second session forty-first Congress, p. Shall make full
account tpo rfo perGo l :W e, it is made his duty to make out a full and com-


_ in h possession.is0:r.Ntecaec. count of all the property belonging to the L nited
States in his possession, on the first day of each regu,
lar session, and at the expiration of his term of


"When a message shall be sent from the Senate to the announceShallRouse of Representatives, it shall be announced at the ttectlieaste. from
door of the House by the Doorkeeper."—Joint Rule 2.


[The Doorkeeper (with the aid of' his appointees,


Duties pot enu-
le superintendents of the "folding-room" and "d, . °cu. merated in rules.


Ment-room," messengers, pages, folders, and laborers)•




92 DUTIES OR TAXES—EDUCATION AND LABOR, COMMITTEE ON.


discharges various duties which are not enumerated in
the rules, viz : he announces at the door of the House all
messages from the President, &c.; keeps the doors of the
House; folds and distributes extra documents; furnishes
members with printed copies of bills, reports, and other
doctunents; conveys messages from members; keeps the
hall, galleries, and committee-rooms in order, &c., &c.1


When to tbs . By the act of second session Thirty-ninth Congress—
dunes of We Ses§. Laws, p. 28—it is provided that in case of vacanciescharge certain


in the offices of Clerk and Sergeant-at-arms, or of theirclerk.
absence or inability to act, the duties imposed on the
Clerk by law or custom relative to the preparation of the
roll of Representatives or the organization of the House,
shall be performed by the Doorkeeper of the next pre-
ceding House of Representatives.


DUTIES OR TAXES.


"No motion or proposition for a tax or charge upon
the people shall be discussed the day on which it is
made or offered ; and every such proposition shall
receive its first discussion in a. Committee of the Whole
House."—Rule 110.


"No sum or quantum of tax or duty, voted by a .Com-
mittee of the Whole House, shall be increased in the
House until the motion or proposition for such increase
shall be first discussed and voted in a Committee of the
Whole House, and so in respect to the time of its con-
tinuance ."—Rule 111.


(See also COMMITTEES OF THE WHOLE.)
It has been decided that the foregoing rules do net


cover the case of a special duty or tax upon national
banks to meet certain expenses to be incurred by the
General Government on account of said banks.—jour-
nal, 1, 38, p. 537; Cony. Globe, Vol. 51, p. 1680.


EDUCATION AND LABOR, COMMITTEE ON.


and
- There shall be appointed, at each Congress, a Commit-


tee whom
Education


shall he referred
and Labor,


all petitions,
to consist bills,of nine


reports,
Meinbers,


resolutions on those subjects, and who shall from time
to time report thereon.—Rule 160.


ELECTIONS BY THE HOUSE—ELECTIONS, COMMITTEE OF. 93


"The House of Representatives shall choose their chnost
ELECTIONS BY THE HOUSE.


elsintsom211Speaker and other officers."—Const., 1, 2, 6.
"In all other cases of ballot than for committees a Majority neces-


sary
—blanks notmajority of the votes given shall be necessary to an elec- counted.


tion; dud where there shall not be such a majority on
the first ballot, the ballots shall be repeated until a ma-


, jority be obtained. And in all ballotings blanks shall
e rejected and not taken into the count in enumeration
f votes or reported by the tellers."—Pule 12.
"In all cases of ballot by the House the Speaker shall Speaker shall


vote.vote."—Rule 7.
"In all cases where others than members of the House Previous nouli.


may be eligible to an office by the election of the House nation.
there shall be a previous nomination


."—Rule 1.1.
"In all cases of election by the House of its officers otreote be taken


5055 he vote shall be taken viva voce."—Rule 10.
"No member or other person shall visit or remain by Io pertelieiros


he Clerk's table while the ayes and noes are calling or i ‘ta-le during.
allots are counting."—Rule 65.
After the election of a particular officer is postponed, m.AcifI r 13)10:trori;


t is not in electionorder to move to proceed to the 1 fon of
election'


Ito go in to
uch officer be fore the arrival of the period to which the
ostponement was made.—Journal, 1, 31, p. 405. But
e House should fail to go into au election on the day




wi t
y pro-




11 intOon failure
specified


s
i?


ecified in the order of postponement, the matter does sequentl. su
)lot thereby drop, but the election may be proceeded
With subsequently.—Journal, 1, 26, p. 253.


Ordinarily it has been held that the election by the
Ouse of any of its officers is a question of privilege.]




lr held
to be question of


1.1.-A.EMS, DOORKEEPER, POSTMASTER, and PRINTER,
)


I@Slate: also PRESIDENT, SPEAKER, CLERIC, SERGEANT-


ELECTIONS, COMMITTEE OF.


The. Committee of Elections is of the number of the
-When to be an.Committees which, under the 74th Rule, are to be ap- ol in in teetil. n dPointed at the commencement of each. Congress, and to


consist of nine members each.
" It - shall be the duty of the Committee of Elections Its duties.


Motion for, to
be first discussed
in Committee of
the Whole.


So also for in-
crease of.


When appoint
od, number and
duties of.




94 ELECTORAL VOTES—ELECTIONS, CONTESTED.


to examine and report upon the certificates of election,
or other credentials, of the members returned to serve
in this House, and to take. into their consideration all
such petitions and other matters touching elections and ,
returns as shall or may be presented or come into ques-
tion and be referred to them by the House."—Rule 76.


ELECTORAL VOTES.


(See PRESIDENT OF THE UNITED STATES.)
ELECTIONS CONTESTED.


House may de- 44 tach house shall be the judge of the elections, returns,
and qualifications of its own members."—Coast., 1, 5, 8.


Notice of cox- By the act of February 19, 1851, (Stat. at Large, Vol.
test. IX, p. 5_680 it is provided that notice of intention to


contest shall be given by contestant to returned mem-
ber within thirty days after the result of the election
shall be determined by the canvassers, specifying par-
ticularly the grounds upon which he. relies in the con-


Answer to no- test. Within thirty days after service of said notice
bee. the returned member shall answer the same, admitting


or denying the alleged facts, and setting forth specific-
ally any other grotinds upon which he rests the validity
of his election; and he shall serve a copy of his answer


neforo whom upon the contestant. Where either party desires to tale
testimon


.


y may




be en testimony, application may be made to any judge of anyk
court of the United States, or to any chancellor, judge,
or justice of a court of record of any State, or to any
mayor, recorder, or intendant of any town or city,


said


officer to reside within the congressional district in which
said election was held, who shall issue subpoenas the


Notice to be witnesses named. Notice of intention to examine
wit-


%N;et;.to opposite nesses shall be given to the opposite party
at least ten


days before their examination ; but neither party shall
give notice of taking testimony at different
the same time, or within less than five days between the


places A


close of taking it in one place and its commencement
Testimony to be the other. No testimony shall be taken, unless with 06




ty days. consent of the House, (which may allow supplemental,
evidence to be taken,) after the expiration of sixty daY'


ENACTING WORDS, STYLE OF
—MOTION TO STRIKE OUT. 95


• from the service of the answer of the returned member;
and a copy of the notice of contest and of the answer of


with noticethe returned member shall be prefixed to the deposi- salv er. Clteork boef
tions, and transmitted with them to the Clerk of the House of Repre-


ouse of Representatives.


sentatives.


Upon the hearing of a case of contested election by_
o)N


°`l


Contestant
debate.al.the House, the courtesy of occupying a seat upon the l


floor, and of being heard in his own behalf, is usually
extended by the .


House to the contestant—Journals, 1,
But subject to29, p. 278; 1, 34, p. 1258, &c..---and he is subject to all the rules.
•the rules of debate which are applicable to members.—


Journal, 1, 28, p. 1012.
[All questions relating to the right of a member to his Contested elec.


seat are held to be questions of privilege, and hence pi?ene e e se ot aye er
take precedence of other business.]




other business.


ENACTING WORDS—STYLE Or.


The following, is the enacting style made use of in Rests
Congress, viz: "Be it enacted by the Senate and House usage. upon


Representatives of the United States of America in
Ongress assembled." It rests entirely upon usage, not


having been prescribed by the Constitution or any law
or rule.


ENACTING WORDS—MOTION TO STRIKE OUT.


"A motion to strike out the enacting words of a bill Takes prece•dente of a
imoton$hall have precedence of a motion to amend; and if to amend.


carried, shall be considered equivalent to its rejection. ricIr. egeet if ear.
,henever a bill is reported from a Committee of the


Whole, with a recommendation to strike out the enacting
words, and such recommendation is disagreed to by the Effect of disa,
nouse, the bill shall stand recommitted to the said coin- gm° Mena ttioonnoof
Mace without further action by the House. But before committe°'
the question of concurrence is submitted, it is in order Effect of re.to entertain a motion to refer the bill to ally committee rointimnfttferomonf
of the House, with, or without, instructions, and when Whole.
the same is again reported to the House, it shall be
referred to the Committee of the Whole without debate,
a
nd resume its original place on the calendar."—Ruie 123.


it
The question which arises (under the recent practice) IvNiierel;eported


Pon a report from the Committee of the Whole that the ineildsailmierye.u°ens:
Lion that arises,
&c.




96


ENGRAVING.


enacting words be stricken out is, "Shall the enacting
words be stricken out?" and the previous question is
exhausted upon the taking of such vote.—Journals,1,33,
p. 872; 3, 34, p. 479; 1, 35, p. 107.


ENGRAVING.


Maps not to be At Maps accompanying documents shall not be printed
printed without
special order. under the general order to print without the special


direction of the House."—Buie 139.
To be procured By the joint resolution of June 23,1860, (Stat. at Large,


by Superintend-
„ itcut of Public Vol. p. it is provided that 44 when any chart


Printing, under
direction of corn. maps, diagrams, views, or other engravings shall be re-
mate°. quired to illustrate any document ordered to be print4


by either house of Congress, such engravings shall 1Y
procured by the Superintendent of the Public Printin.
under the direction and supervision of the Committc,
on Printing of the- house ordering the printing of a,
same."—(See PRINTING, PUBLIC.)


To be referred "There shall be referred by the Cleric to the members of
to the II ()use
members of the the Committee on. Printing on the part of the House a
Committee on
Printing. drawings, maps, charts, or other papers which may a


any time conic before the House for engraving, litho-
graphing, or publishing in any way ; which committee
shall report to the House whether the same ought, in:
their opinion, to be published; and if the House or*
the publication of the same, that said committee shall
direct the size and manner of execution of all such map,,
charts, drawings, or other papers, and contract, by agree-
ment in writing, for all such engraving, lithographing,
printing, dr•wing,'and coloring, as may be ordered by
the House ; which agreement, in writing, shall be fur-
nished by said committee to the Committee of Accounts,
to govern said committee in all allowances for such
works ; and it shall be in order for said committee to
report at all times."-.-Ride 100.


Over two lath. By the joint resolution of March 3, 1863, it is directed
clandfifty


lars to be a,ward . that " all lithographing and engraving, where the P ob"dre
dol.


ENGROSSED BILLS—ENROLLED BILLS, COMMITTEE ON.


intendent of Public Printing, under the direction of the


be authorized to empower the Superintendent of Public


Committee on Printing."—Stat. at Large, Vol. XII, p.826.
"Provided, That the Joint Committee on Public Printing


Printing to' make. immediate
-
contracts for engraving,


whenever, in their opinion, the exigencies of the public
,service will not justify waiting for advertisement and
award?'—Ibid., Vol. XIII, p. 185.


(See also PRINTING, PUBLIC.)
ENGROSSED BILLS.


"All bills ordered to be engrossed shall be executed Engrossment.
how executed.


a. fair round hand."—Buie 125,
4 ‘ While bills are on their passage between the two To be on paper


and si nned UN
.houses they shall be on paper, and under the signature Clerk.




fthe Secretary or Clerk of each house respectively."—
pint Rule 5.


ENROLLED BILLS.


"After a bill shall have passed both houses, it shall be meTot be on parch
truly enrolled on parchment by the Clerk of the House.
of Representatives, or the Secretary of the Senate, as the
bill may have originated in the one or the other house,
before it shall be presented to the President of the United
States."—Joint Rule 6.


(See also ENROLLED BILLS, COMMITTEE ON.)


ENROLLED BILLS, COMMITTEE ON.


" When bills are enrolled, they shall be examined by Shall examine
rglsi: en-ajoint committee of two from the Senate and' two from longed


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
t1V0 houses, and correcting any errors that may be discov-
ered in the enrolled bills, make their report forthwith to
their respective houses."—Joint Rule 7.


nArt'e()"It shall be in order for the Committee on Enrolled Ma,- port atBills to report at any time."—Rule 101. [And it is a very Iv tame.
;corkmon practice, when the House is in committee, for
'the Speaker to take the chair and receive a report of bills
:ftatnined, and having signed the same, and the Clerk


13 D-7


awarded to the lowest and best bidder for the interest
of


the Government, after due advertisement by the S uPer-


el41, jot teta ap be-able cost exceeds two hundred and fifty dollars, sh


97


4




98 ENROLLED BILLS, COM. ON—ESTIMATES OF
APPROPRIATIONS.


having read their titles, the committee resumes its sex.,


to be signed by
Speaker.


in the respective houses, first by the Speaker of theAfter report•, bill t,


examination and report, each bill shall be sighed


sion.]


subject regularly referred to them.]


House of Representatives, then by the President of the


[And said committee may report at any time upon any


Senate."—Joint Rule S.
Shall present "After a bill shall have been thus signed in each house,it shall be presented by the said committee to the Presi-bill to President.


dent of the United States for his approbation, (it being
first indorsed on the back of the roll, certifying in which
house the same originated, which indorsement shall be
signed by the Secretary or Clerk, as the case may be, of
the house in which the same did originate,) and shall be .


Shall notify entered on the Journal of each house. The said corn-
presentation.


mittee shall report the day of presentation to the PreSi-liouso of day of
dent, which time shall also be carefully entered on the
Journal of each House."—Joint Rule 9.


Other matters "All orders, resolutions, and votes which are to be
maimed. ol


&e. d,ex presented to the President of the United States for his.to be enrle:
approbation shall also, in the same manner, be previously
'enrolled, examined, and signed ; and shall be presented
in the same manner, and by the same committee, as pro-
vided in the cases of bills.' ,—Joint Rule 1:0.


Not to present " so bill or resolution that shall have passed the
H011se


on last day of sex-
of Representatives and the Senate shall be presented toa bill to President


bloc. the President of the United States. for his approbation
on the last day of the session.”—Joint Rule 17. [This
rule is usually suspended on the last day of the session}


ESTIMATES OP APPROPRIATIONS.


dressed to the
Estimates of appropriations, and all other commani-


Speaker.
cations from the executive Departments, intended


lbrShall be ad-


the consideration of any of the committees of the
NOILSC,


shall be addressed to the Speaker and by him
submitted


to the House for reference.-7-Rtae 159.
EXECUTIVE DEPARTMENTS. presi-


"A proposition requesting information from the 0
dent of the United States, or directing itto be furnOltuCalls on.


EXECUTIVE DEPARTMENTS. 99


by the head of either of the executive Departments, shall
lie on the table one day for consideration, unless other- snail lie over
vise ordered by the unanimous consent of the House; ", e ay.
and all such propositions shall be taken up for consider-
ation in the order they were presented, immediately


ter reports are called for from select committees, and,
when adopted, the Clerk shall cause the same to be de.
ivered."—Rule 53. [It is usual for the Clerk to deliver 'When adopted


person all calls upon the President, and to transmit Clerk to deliv
y a messenger, or through the mail, calls upon the
cads of Departments.]
"It shall be the duty of the Clerk"to make and ca-use


called (L1.7oorg
„e be printed, and deliver to each member at the coin- ear(Le out by
tuencement of every session of Congress, a list of the


ports which it is the duty of any officer or Department
f the Government to make to Congress, referring to the
et or resolution, and page of the volume of the laws or
Aurnal in which it may be contained ; and placing under
e name of each officer the list of reports required of
m to be made, and the time when the report may be
petted."—Rule 13.
Messages and other executive communications are the Communications


nsiness first in order whenever the House proceeds to sidei'ed.
e consideration of the business on the Speaker's table.—
le 54. [It is the practice, however, of the Speaker,


tai the unanimous consent of the House, (which is rarely
lsed,) to lay such communications as shall not give
k:to debate before the House immediately after the


e
piration of the morning hour, in order that they may
printed and referred.]


EXCUSED FROM SERVING ON COMMITTEE.
(See COMMITTEES.)


EXCUSED FROM VOTING.


(See VOTING.)




EXPENDiT IMES IN THE STATE DEPARTMENT,
XPENDITURBS IN THE TREASURY DEPARTMENT,
"OENDITURES IN THE WAR DEPARTMENT,


pP
XPENDITURES IN THE NAVY DEPARTMENT,


DrruizES IN THE POST OFFICE DEPARTMENT,
-P4NDITuRES ON THE PUBLIC BUILDINGS, AND


IN THE INTERIOR DEPARTMENT,




100 EXPENDITURES, COMMITTEE ON.


COMMITTEES ON.


and
opointed cc seven additional standing committees shall be ap.na um


pointed at the commencement of the first session in each
Congress, whose duties shall continue until the first ses-
sion of the ensuing Congress:


1. A committee on so much of the public accounts and
expenditures as relate to the Department of State ;


2. A committee on so much of the public accounts and
expenditures as relate to the Treasury Department ;


3. A committee on so much of the public accounts and
expenditures as relate to the Department of War ;


4. A committee on so much of the public accounts and
expenditures as relate to the Department of the
Navy


5. A committee on so much of the public accounts and
expenditures.as relate to . the Post Office ;


6. A committee on so much of the public accounts and
expenditures as relate to the Public Buildings; and


7. A committee on so much of the public accounts as
relate to the Interior Department.


Duties of. " It shall be the duty of the said committees to exam-
ine into the state of the accounts and expenditures re-
spectively submitted to them, and to inquire and report


particularly
"Whether the expenditures of the respective Depart-


ments are justified by law ;
"Whether the claims from time to time satisfied and


discharged by the respective Departments are supporter
by sufficient vouchers, establishing their justness
as to their character and amount ;


"Whether such claims have been discharged out
funds appropriated therefor, and whether all moues
have been disbursed in conformity with approptiatiO
laws; and


"Whether any, and what, provisions are necessary to
be adopted to provide more perfectly for the proper a p


-plication of the public moneys, and to secure the Oov-
ernment from demands unjust in their character or
extravagant in their amount.


"And it shall be, moreover, the duty of said coixin0
tees to report from time to time whether any, andw114


EXPENDITURES, COMMITTEE ON—PEES.


retrenchment can be made in the expenditures of the
several Departments without detriment to the public
service; whether any, and what, abuses at any time,
exist in the failure to enforce the payment of moneys
which may be clue to the United States from public de-
faulters or others; and to report, from time to time, such
provisions and arrangements as may be necessary to add
to the economy of the several Departments and the ac-
countability of their several officers.


"It shall be the duty of the several committees on
public expenditures to inquire whether any offices belong-
ing to the branches or Departments, respectively, con-
cerning whose expenditures it is their duty to inquire,
have become useless or unnecessary; and to report, from
time to time, on the expediency of modifying or abolish-
ing the same ; also, to examine into the pay and emolu-
ments of all offices under the laws of the United States;
and to report, from time to time, such a reduction or
increase thereof as a just economy and the public service
may require."—Buie 103.


FEES.


"When a member shall be discharged from custody, b
Against mein.


and admitted to his seat, the House shall determine en.
whether such discharge shall be with or without paying
fees; and, in like manner, whether a delinquent member,
taken into custody by a special messenger, shall or shall
not be liable to defray the expense of such special ines-
Seilger."—Ruie 37.


"The fees of the Sergeant-at-arms shall be, for every Of Sergeant-at.
arrest, the sum of two dollars; for each day's custody keen,


rt=elfiZ,
and releasement, one dollar; and for traveling expenses
for himself or a special messenger, going and returning,
one-tenth of a dollar per mile."—R2de 24. And it is pro-
vided by act of February 5, 1859, (Stat. at Large, Vol.


p. 379,) "that hereafter the mileage or traveling nCvoiasgter liver oTbo.
allowance to the officer or other person executing pre- ited.
eepts or summons of either house of Congress shall not
.:exceed ten cents for each mile necessarily and actually


:4•Feled by such officer or other person in the execution
any such precept or summons."


To con-
sist of live
members
each.


—Rule 102.


101




House may at
any time close de-
bate in Commit-
tee of the Whole.


Allowed on
amendments, and
on amendments
to amendments.


102 FIVE-MINUTES DEBATE.


FIVE-MINUTES DEBATE.


The house may at any time, by the vote of a majority
of the members present, discharge the committee of the
Whole House and the Committee of the Whole House on
the state of the Union from the further consideration of
any bill referred to it, after acting without debate on all
amendments pending and that may be offered—Ride
104—but the hill must have been first considered in Com-
mittee of the Whole; and this rule applies to messages,
ttc., as well as bills.—Journal, 1, 32, pp. 140, 147.


"Where debate is closed by order of the House, any,
member shall be allowed, in committee, five minutes to.
explain any amendment he may offer, after which any
member who shall first obtain the floor shall be allowed
to speak five minutes in opposition to it, and there shall
be no further debate on the amendment; but the same
privilege of debate shall be allowed in favor of and
against any amendment that may be offered to the ameod:.
ment; and neither the amendment nor an amendmentIA.
the amendment shall be withdrawn by the mover 000,0
unless by the unanimous consent of the committee:


FLOOR—FOREIGN AFFAIRS—MINISTERS.


ruled, That the House may, by the vote of a majority of 0,11,,fay.M be closed
the members present, at any time after the five minutes or pnragapii.
debate has taken place upon proposed amendments to,
any section or paragraph of a bill, close all debate upon
such section or paragraph, or, at their election, upon the
pending amendments only.i,—Rifle 60.


(See also COMMITTEES OF THE WHOLE.)
FLOOR, PRIVILEGE OF ADMISSION ON.


"No person, except members of the Senate, their See- Who shall have.
rotary, heads of Departments, the President's private
secretary, foreign ministers, the governor for the time
being of any State, Senators and Representatives elect,
judges of the Supreme Court of the United States and of
the Court of Claims and such persons as have by name
received the thanks of Congress, shall be admitted within
the hall of the house of Representatives or any of the
rooms upon the same floor or opening into the same:
Provided, That ex-members of Congress who are not inter-
ested in any claim pending before Congress, and shall so
register themselves, may also be admitted within the
ball of the House; and no person except those herein
specified shall at any time be admitted to the floor of the
House."—Rule 134.


The doorkeeper shall execute
rule.—Rule 27.


FOREIGN AFFAIRS, COMMITTEE O.


There shall be appointed, at the commencement of When appointed.
each Congress, a Committee On Foreign Affairs, to con- a"d number of
Sist of nine members.—Rule 74.


"It shall be the duty of the Committee on Foreign Its duties.
Affairs to take into consideration all matters which con-
cern the relations of the United States with foreign
nations, and which shall be referred to them by the
Muse, and to report their opinion on the same."—Rule


FOREIGN MINISTERS.
Foreign ministers may be admitted Within the hall of may be admittedthe House.—Rule 134.


within the hall.


sergeant-at- By the act of July 14, 1870, (Laws 24 less. 41st
arms to receive
no fees. p. 232,) it is provided 'that he shall receive, directly or


indirectly, no fees other than compensation or emolu-
ment whatever for performing the duties of his office,
or in connection therewith.


of witnesses "The rule for paying witnesses summoned to appear
summoned by au-
thority of House. before this House or either of its committees shall be as


follows: For each day a. witness shall attend, the sum of
two dollars; for each mile he shall travel in coining to or
going from the place of examination, the sum of ten cents
each Way; but nothing shall . he paid for traveling home
when the witness has been summoned at the place of
trial."—Bule 138.


Of Clerk for ex. The Clerk shall certify extracts from the Journals of
tracts from Jour -
nal. the House of Representatives, and for such copies shall


receive the same fees as are allowed by law to the Secre-
tary of State for similar services.—Stat. at Large, Vol.
IX, p. 80.


103


strictly the foregoing Doorkeeper to
execute strictly
rule relative to.




104 FRANKING PRIVILEGE—FREEDMEN'S AFFAIRS, COM. ON.


FRANKING PRIVILEGE.


MtembeTcpt By the act of March 3, 1863, authority . to frank mail
serall has-e. matter is conferred upon Senators and Representatives


in the Congress of the United States, including Delegates
from Territories, the Secretary of the Senate and Clerk
of the House of Representatives, to cover correspondence
to and from them, and all printed matter issued by
authority of Congress, and all speeches, proceedings,
and debates in Congress, and all printed matter sent to


menee and v.x. them ; their franking privilege to commence with theWhen to em-
pire. term for which they are elected, and to expire on the


first Monday of December following such term of office.
Petittons to pass Petitions to either branch of Congress shall pass free iu 'free. the mails. And the above franking privilege shall be
Weight of pack- limited to packages weighing not exceeding four ounces,
aes.


except petitions to Congress and congressional or execu-
tive documents, and such publications or books as have
or may be published, procured, or purchased by order of
either house of Congress, or a joint resolution of the two
houses, which shall be considered - as public documents,
and entitled to be franked as such ; and also seeds, cut-
tings, roots, and scions, the weight of the packages of
which may be fixed by regulation of the Postmaster Gelt
era).—Stat. at Large, Vol. XII, pp. 708, 709.


Written auto. By the act of March 1, 1869, it is directed that each
gatrehpr:titbe person entitled by law to the franking privilege, shall
tanked. place his written autograph signature upon the matter


franked, otherwise such matter to be charged with post-
age.—Sess. Laws, 3, 40, p. 20.


(See REGULATIONS OF POSTMASTER GENERAL.)
FREEDMEN'S AFFAIRS, COMMITTEE ON.


When appoint- There shall be appointed at the commencement of each
. auiien:of. er and Congress a standing Committee on Freedmen's Affairs,


to consist of nine members, whose . duty it shall be to
take charge of all matters concerning freedmen, which
shall be referred to them by the House.—Rule 156.


FRIDAYS.


setapart for Fridays and Saturdays are set apart for the considera•private asifless. tion of private bills and private business.—ffide 128•


FURNITURE—GALLERIES. 105


And on the first and fourth Friday and Saturday of each
month, bills to the passage of which no objection is made
are first considered and disposed of; but when a bill .8 Witils notbobject-
again reached, after having been once objected to, the sidigAtho: fast
committee shall consider and dispose of the same, unless and 'bar'''.
it shall again be objected to by at least five members.—
Rule 129.


(See PRIVATE BILLS AND PRIVATE BUSINESS.)
FURNITURE.


By the resolution of the House of March 3, 1869, it For any ono
is directed that the Committee on Public Buildings and ;171'inexaVolg


;ZiliVZ!T tiii;Grounds shall determine the necessity of furnishing or
refurnisliing the rooms, &c., and that no such furnishingiSeaciiiclin`g'ns
or refurnishing, exceeding $100 for any one room in a
single year, shall ,be done by the Clerk without the reso-
lution of said committee.—Journal, 3, 40, p. 518.


GALLERIES.


"Stenographers and reporters, other than the official Certain portion
reporters to the House, wishing to take down the debates, for reporters.
may be admitted by the Speaker to the reporters' gal-
lery over t he Speaker's chair, but not on the floor of the
,House; but no person shall be allowed the privilege of
Bald gallery under the character of stenographer or
reporter without a written permission of the Speaker,
Specifying the part of said gallery assigned to him ; nor
shall said stenographer or reporter be admitted to said
gallery unless he shall state in writing for what paper
or papers he is employed to report ; nor shall he be so
admitted, or, if admitted, be suffered to retain his seat,
if he shall be or become au agent to prosecute any claim
pending before Congress; and the Speaker shall give his
i:orritstel permission with this condition"—Rule 135.


[Other portions of the galleries are set apart for vis- Visitors.
"Iim case of any disturbance or disorderly conduct i 1 Speaker or


the galleries or lobby, the Speaker (or chairman of the corileirr'elleareT.a3.
Committee of the Whole House) shall have power to
order the same to be cleared."—Rule 9. Or the House
May order it cleared.—Journal, 1, 24, p. 331.


Seeds, &c.




106 GLOBE—GOVERNORS OF STATES—HALL OF THE HOUSE.


GLOBE.


(See CONGRESSIONAL GLOBE.)
GOVERNORS OF STATES.


floor.
Admitted on The governor for the time being of any State may be


admitted within the hall of the House of Representa-
tives.—Rule 134.


Copy of Journal It shall be the duty of the Clerk, at the end of each
to be sent to.


session, to send a printed copy of the Journal to the
executive of everyState.—Rule 14.


HALL OF THE HOUSE.


Speaker to have The Speaker shall have a general direction of the
direction of. hall.—Rule 5. And no person shall be permitted to per-


Not to be used form divine service therein unless with his consent.—
except for legiti-
mate business. Rule 6. The hall of the House shall not be used for any


other purpose than the legitimate business of the House,
nor shall the Speaker entertain any proposition to use it
for any other purpose, or for the suspension of this rule:
Provided, That this shall not interfere with the perform-
ance of divine service therein under the direction of the
Speaker, or with the. use of the same for caucus meetings
of the members, or upon occasions where the House
may, by resolution, agree to take part in any ceremonies
to be observed therein.—Rule 155.


Who may be "No person except members of the Senate, their See-
admitted within retary, heads of Departments, the President's private


secretary, foreign ministers, the governor for the time
being of any State, Senators and Representatives elect,
judges of the Supreme Court of the United States and
of the Court of Claims, and such persons as have by
name received the thanks of Congress, shall be admitted
within the hall of the House of Representatives or any
of the rooms on the same floor or opening into the same:
Provided, That ex-members of Congress who are not inter-
ested in any claim pending before Congress, and shall
so register themselves, may also be admitted within the
hall of the House ; and no persons except those herein,
specified shall at anytime be admitted to the floor 01..


HEADS OP DEPARTMENTS—HOUR RULE, ETC. 107
the House."—R, 134. And by Rule 27 the Doorkeeper
is required to execute this rule strictly.


HEADS OF DEPARTMENTS.


Heads of Departments may be admitted within the May he admit to d
hall of the House.—Rule 134. within the ball.


HOUR RULE.


'but a member reporting the measure under consideration
debate on ally question in the House or . in committee ; ono hour.


"No member shall occupy more than one hour in yobilember sell


from a committee may open and close the debate."—
:Rule GO.


(See DEBATE.)


HOUR AT WHICH ADJOURNMENT IS MOVED.


"The hour at which every motion to adjourn is made To he entered
bAthall be entered on the Journal."—Bute 45. on the Journal.


HOUR OF DAILY MEETING.


[The hour of daily meeting is fixed by au order of the (low fixed.
Rouse—usually on the first day of the session—and con-
tinues "until otherwise ordered."]


in order.—Journal, 1, 29, p. 933.
when resolutions (or motions to suspend the rules) are


A motion to fix the hour of meeting can only be made toWlfixten in order


IMPEACHMENT.


"The House of Representatives shall have the sole house has solo
Power of impeachment?'—Cont., 1, 2, 6. power of.


Judge Peck, in the 21st Congress, were as follows:
[The proceedings in the case of the impeachment of


The House having resolved that he be impeached of
"high misdemeanors in office," (Journal, 1, 21, pp. 565,
566,) it was ordered "that Mr.




appointed a committee
a lid Mr.
be Committee ap-


pointed to go to to go to the Senate, and at the senate.


bar thereof, in the name of the House of Representatives,
and of all the people of the United States, to impeach
Ja mes H. Peck, judge of the district court of the United
ACates for the district a Missouri, of high misdemeanors




108 IMPEACHMENT.
in office, and acquaint the Senate that the House of
Representatives will, in due time, exhi int particular
articles of impeachment against him and make good the
same; and that said committee do demand that the
Senate take order for the appearance of the said James
H. Peck, to answer to said impeachment."


Committee to The House, then, on motion, appointed a committee of
prepare articles. five "to prepare and report to the House articles of


impeachment against James H. Peck, district, judge of
the United States for the district of Missouri, for mis-
demeanors in his said office."—(p. 507.)


Message from A message was received from the Senate notifying the
tale Senate. House "that the Senate will take proper order therein;


of which due notice shall be given to the House of Rep.
resentativesY—(p. 574.)


Articlesreport- The committee appointed to prepare articles of nil.
al and adopted by peachment made their report, (p. 584,) which was coin.


mittedto the Committee of the Whole House on the state
of the Union, (p. 588;) and having been considered
therein, was reported with amendments, and so agreed to
by the House.—(pp. 591 to 595.)


Managers np• -It was then ordered "that five managers be appointed
Pointed on the
partofthellouse. by ballot to conduct the impeachment against James


II. Peck, judge of the district court of the United States
for the district of Missouri, on t he part of the House,"
who were thereupon appoiuted.—(p. 595.)


It was then ordered "that the articles agreed to by
the House, to be exhibited in the name of themselves and
of all the people of the United States, against James 11.
Peck, in maintenance of their impeachment against hint


Managers tot& high misdemeanors in office, be carried to the Senate
carry articles to
Senate. by the managers appointed to conduct said impeach-


Clerk to notify inent." And the Clerk was directed to inform the Senate
Senate of ap-
po tui en t of of the appointment of said managers, and of the last-
managers, &C. mentioned order of the House.—(p. 596.)


Message front A message was received from the Senate informing.
T
ee


ncari, vuolteni a to the- House of the time at which it would resolve itself
agers. into a court of impeachment, when it would receive the


managers appointed to exhibit the articles of impea ch-
ment.—(p. 603.)


IMPEACHMENT.
100


The managers having carried said articles to the Sen
. agRolesp.ort of man.


ate, made report of the fact to the House.—(p. 605.)
The Senate notified the House of its issue of summons RSennte. notifies


to Judge l'eck, (p. 606,) and of its order that he file his eedle,14°,8t. its pro.
answer and plea with its Secretary by a certain day.—


i t go
deter-(VT. 6h2e5.1Iouse resolved that it would, .on the day above arteot ,P90


,:
VIaln/ ;tittcaTI:i


fthnamed, "and at such hour as the Senate shall appoint,
resolve itself into a Committee of the Whole House, and


in Senate at
attend in the Senate" on the trial of the said impeach-


fluent—(p. 714)
The Senate on same day notified the House "that it prSocenea


r
retaitlyoto


was ready to proceed upon the impeachment of James trial, and a re-
ceive the nonce.H. Peck, judge, &c., in the Senate Chamber, which
-


chanlber was prepared with accommodations for the
reception of the House of Representatives."—(p. 717.)


Thereupon the House resolved itself into a Committee House attend in
4.0f the Whole House, and proceeded to the Senate. in Senate.
'that capacity. Having spent some time therein, they
returned into the chamber of the House, and the Speaker
having resumed the chair, the chairman of the Commit-
tee of the Whole reported the proceedings which had


ken place, and that the Senate, sitting as a high court
of impeachment, had adjourned to meet at the next ses-
sion.—ip. 717.)


At the next session (2, 21) Mr. Buchanan, from the n oplicatio II
a d omanagers, reported to the House a replication to the llouspeted by


answer and plea of Judge Peck, which was agreed to by
the House; and the said managers were instructed to


` Paintain the same at the bar of the Senate, and the
'Senate were informed thereof.—(pp. 47, 48.)


The Senate notified the House of their readiness to Senate notify the
Proceed to the trial, (p. 52,) and the House resol \- ed that rehhariesosftotig
from day to day it would resolve itself into a Committee clicè ,14 itvris,a)live to
of the Whole, and attend the same.—(p.97.)




attendtrial.
Subsequently the House resolved that the managers be house ceases to


instructed to attend the trial, and that the attendance of attendt . .
the House be dispensed with until otherwise ordered.—


• 14)he1 inanagers having announced that the testimony I I onse at tends
during the argu-
'neut.




110
INDEXES.


had closed, (p. 175,) the House resolved that during the
argument of counsel' it would from day to day attend in
the Senate.—(V. 186.)


Report of final The report. of the final action of the. Senate in the
Action. case, made to the House. by the chairman of the Com-


mittee of the Whole.—(p. 236.)
Roles of Senate [The rules of proceedings of the Senate in cases of


in impeachment
cases.






impeachment will be found in " Trial of Judge Peck," pp.
56 to 59.]


For further information on the subject of impeach-
ment, see "Chase's Trial," and " Trial of (Woe Tech.')
Also proceedings in the case of Judge Humi n hreys.—
Journal, 2, 37, pp. 646, 665, 634, 709, to 712, 717, 723,
726, 731, 821, 832, 940, 943. Also proceedings in the
case of A. Johnson, President of the United States.—
Journal, 2, 40.


INDEFINITE POSTPONEMENT.


(See POSTPONE, MOTION TO.)


INDEXES.


To the Journal. "The Clerk shall, within thirty days after the close of
each session of Congress, cause to be completed the
printing and primary distribution, to members and dele,
gates, of the Journal of the House, together with an
accurate. index to the same"—Rule 16.


To the laws. "The Clerk shall cause an index to be prepared to
the acts passed at every session of Congress, and to be
printed and bound with the acts."—Bute 20. [The Clerk.
has been relieved of the duty required by this rule by
the joint resolution of September 26, 1850, which directs
that the an null l Statutes at Large, published by Littlest
Brown, (and indexed by them,) be contracted for instead
of the edition previously issued by order of the Secre-
tary of State.—Stat. at Large, Vol. 1X, p. 564.]


To other doett- It also devolves upon the Clerk's office, under the
moats.




usage, to prepare indexes to "Executive Documeutsi
"Miscellaneous Documents," "Reports of Cemmittees,r
"Reports of Court of Claims," "Bills and Joint R
tions," &c.


INDIAN AFFAIRS, COMMITTEE ON—INTERESTED, ETC. 111
INDIAN AFFAIRS, COMMITTEE ON.


Congress a Committee on Indian Affairs, to consist of and number of.
There shall be appointed at the commencement of each when appointee,


nine members.—Rule 74.
[There are no duties assigned to this committee by the Duties of.


rules.]


INTERESTED.


"No member shall vote on any question in the event iicanher not to
of which. he is immediately interested."—Buie 29. [As vote,where.
to the kind of interest here alluded to, the true construc-
tion doubtless
that it shall be a direct-personal or


pecuniary one.—See note to said rule.]
INTERNAL IMPROVEMENT BILLS.


"Upon the engrossment of any bill making appropri- tDivisiont of quefs•
ations of money for works of internal improvement of wu
any kind or description, it shall be in the power of any
member to call for a division of the question, so as to
take a separate vote of the House upon each item of
improvement or appropriation contained in said bill, or
upon such items separately, and others collectively, as
the members making the call may specify ; and if one-
fifth of the members present second said call, it shall be
the duty of the Speaker to make such divisions of the
question, and put them to vote accordingly."—Buie 121.


INVALID PENSIONS, COMMITTEE ON.


There shall be appointed, at the commencement of each When appointed,
Congress, a Committee on Invalid Pensions, to consist of and numbez of.
nine members.—Rule 74.


"It shall be the duty of the Committee on Invalid Its duties.
Pensions to take into consideration all such matters
respecting invalid pensions as shall be referred to them
by the House."—Rule 93.


By au order of the House of March 26, 1867, all mat-
ters relating to pensions to the soldiers of the war of
1812 are to be referred to the Committee ou Revolution-
ary Pensions.—Journal, 1, 40, p. 117.




Resolving clause.


Governed by
same rules as
bills.


Cannot be eon.
verted into bill
or simple resolu-
tions by mend"
ment.


Of State legisla-
tures.


112 JEFFERSON'S MANUAL—JOINT RESOLUTIONS. JOURNAL. 113
JEFFERSON'S MANUAL.


Togovern where " The rules of parliamentary practice comprised in
applicable, and
not inconsistent Jefferson's Manual shall govern the House in all cases to
with rules. 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 Rep-
resentatives.—Ru le 144.


. JOINT RESOLUTIONS.


[The resolving clause of a joint resolution is,'" Be it
resolved .by the Senate and House of Representatives of
the United States of America in Congress assembled ;"
and, in all respects, joint resolutions are governed by
the same rules as bills, the word "bill," where it occurs
in the rules, being held to apply equally to a "joint reso-
lution."—Gong. Globe, 3, 27, p. 384.


[But joint resolutions cannot be amended so as to con-
vert them into bills or simple resolutions, nor can bills
or resolutions be so amended as to convert them into
joint resolutions.]


[Joint resolutions of State or territorial legislatures
may be presented like petitions by handing to the Clerk,
with the subject-matter, reference, and member's name
indorsed thereon.] But where it is desired to have them
printed, they may be presented when the States and
Territories are called for bills on leave.—Rule 130.


[By the Constitution of the United States and the rules
of the two houses, no absolute distinction is made between
bills and joint resolutions, either in regard to the mode
of proceeding with them before they become laws, or
their force and effect afterwards. For more than fifty
years, however, a very marked distinction seems to have
been recognized in the legislation of Congress, and the
form of joint resolution was resorted to chiefly, and
almost entirely, for such purposes as the following, viz:
"To express the sense of Congress ;" "to constrne pro-
visions in former laws ;" "to admit new States ;" "t°
direct or regulate. the printing of documents ;" and until
the 2d session of the 27th Congress no instance is to be
found of an appropriation elsewhere than in a Pi.11


During the first fifty years of the Government, the whole
number of joint resolutions passed scarcely amounted to
two hundred, while since that period the number has
been quadrupled, and at the 41st Congress alone amounted
to more than five hundred The increase within the
latter period in the number of joint resolutions con-
taining appropriations has been in a still greater pro-
portion. The early and long-continued practice of Con-
gress indicates that the framers of the Constitution who
sat in the first and succeeding Congresses, and those who


•followed them for many years, construed the constitu-
tional provision that "no money shall be withdrawn from
.'ithe Treasury but in consequence of appropriations made


•by law," as requiring the highest character of laws—
namely, bills, not joint resolutions.]


JOURNAL.


"Each house shall keep a Journal of its proceedings, Rouse shall keep.
and from time to time publish the same, excepting such And publish.
parts as may in their judgment require secrecy ; and the
yeas and nays of the members of either house on any ' real and nays
question shall, at the desire of one-fifth of the members n2 Z. be en-
present, be entered on the Journal."—Const., 1, 5,p. 9.


The Constitution of the United States requires that Veto message
"objections" returned to the House by the President amei Leaevetoneg
with a bill shall be entered " at large on their Journal;" obii1.1 to be entered
and in all cases the votes of both houses on the passage
of a bill so returned shall be determined by yeas and
nays, and the names of the persons voting for and against
the bill shall be entered on the Journal of each house,.
respectively.—Const., 1, 7, p. 10.


The House may judge what are and what are not "pro- Hou se mayjudge what arcceedings."—Journal, 1, 29, p. 1047. proceedings.
-It is not in order to place on the Journal indirectly hWliceit luot to be


what the House has refused to place there directly.—P
Journal, 3, 37, pp. 122, 123.


All proceedings of the House subsequent to the erromEree
tIaeonnnee°-peons announcement of a vote, which would have been.


'upon
unt


subsequentirregular if such vote had been correctly announced, areree.ord.
to be treated as a nullity, and are not to be entered on
the Journal.—Journals, 1, 29,p. 1032; 1, 31, p. 1436.


As to the tlis
tinction between
bills and.


13 D-8




114 JOURNAL.
JUDICIARY, COMMITTEE ON TILE. 115


Speaker shall "The Speaker shall examine and correct the Journal
examine.
When to lm read. before it is read?'—Rule 5. And every day after taking


the chair, "on the appearance of a quorum, shall cause
the Journal of the preceding day to be read."—Rule 1.
[Since the rule authorizing the presentation of petitions


What portion in, the House has been rescinded, that portion of the
not read. Journal which contains the record of petitions handed


to the Clerk is never read, but is published.]
Written motions "Every Written motion made to the House shall be
to be inserted on. inserted on the Journals, with the name of the member


making it, unless it be withdrawn on the same day on'
which it was submitted?—Rule 39. [And such motions
are often inserted even where subsequently withdrawn,
especially where a vote is taken intermediately between


To be entered its being submitted and withdrawal. . All motions, how-
on, must be
entertained by ever, to be entered on the Journal must be first enter-
Speaker. tamed by the Speaker.]


Name of mem. The name of the member who presents a petition or.
her onbring putt.
tiou to betuitore.d memorial, or who offers a resolution to the consideration
on. of the House, Shall be inserted on the Journal.—Rule 32.


[Indeed, the practice is to insert the name of the member
who may submit any proposition which is entertained
by the Speaker.]


]lour of motion "The hour at which every motion to adjourn is made
to adjourn to be
entered ou. shall be entered ou the Journal."—Bule 45.


Petitions to bo "Members having petitions and memorials to present
entered on, sub-ject to control may hand them to the Clerk, indorsing the same with
of tho Speaker. their names, and the reference or disposition to be made


thereof; and such petitions and memorials shall be
entered on the Journal, subject to the control and direc-
tion of the Speaker ; and if any petition or memorial be
so handed in which, in the judgment of the Speake r, is
excluded by the rules, the same shall be returned to the
member from whom it was received."—Bute 131. [The
entry of petitions, &c., above directed, is construed to
required simply the entry of a brief statement of their
contents, their reference, &c.]


Absentees i n• The names of the absentees reported upon a rollcall
Committee of the .
Whole to be on•in Committee of the Whole "shall be entered ou the
tored on. Journal."—Buic 106.


The names also of members not voting on any call of Names of mem-
the yeas and nays shall be recorded in the Journal mime- imersennt:trevroing. todiately after those voting in the affirmative and nega-
tive.—Rule 149.


The day of presentation of a bill to the President shall Date of present
ration of bill lcbe carefully entered on the Journal.--Joint Rule 9. President to be


present a question of privilege.—Journal, 2, 33, p. 451. ! II
A demand to enter a protest upon the Journal does noto e;Lii.loetlacoionliftOileit,e4i.r


A motion being made to amend the Journal while it W :. 1.1oedon to amendis passing under judgment of the House for approval,lbgu, 01 liairidnametas-.
should said motion to amend be laid on the table, the not aecompauyit.
Journal does not accompany it.—.Journal; 1, 26 ) p. 28.


`When a member's vote'is incorrectly recorded, it is his Correction of
right, on the next day, while the Journal is before the recorded vote.
House for its approval, to have the Journal corrected
accordingly.--Journal, 2, 30, p. 211. But it is not in
order to change a correct record of a vote given under a
misapprehension.—Journal, 1, 31, p.1266.


"All questions of order shall be noted by the Clerk, Questions of or-
with the decision, and put together at the end of


e,
the toon b0 atput


"The Clerk shall, within thirty days after the close of


c


birrrior
in
g et


ud
Journal of every session.”


15.


each session of Congress, cause to be completed the print-
days thirtying, and primary distribution to members and dele gates, 'of Lssion.r close


of the Journal of the House, together with an accurate
index to'the same."—Rule 16.


"It shall be the duty of the Clerk of the House, at the e
rrors,
P


ri u teendap 7,00\ f. ,
end of each session, to send a printed copy of the Jour-


&o.
hal thereof to the executive and to each branch of the
.ulegislature of every State."—Bute 14.


t‘ Extracts from the Journal, duly certified by the . drnrienr.slfremi
Clerk, shall be admitted as evidence in the several courts Luce in co. ilrts.
of the United States, and shall have the same force and
effect as the original thereof would have if produced in
court and proved."—Stat. at Large, Vol. IX, p. 80.


JUDICIARY, COMMITTEE ON THE.-


Co
There shall be appointed, at the commencement of each Wu hen aPpoint-
ngress, a Committee on the Judiciary, to consist of n.ed, and of whatnumber.


'line members.—Rule 74.




MI


116 LAWS OF THE UNITED STATES. LIBRARY OF CONGRESS. 117


Its duties. "It shall be the duty of the Committee on the Judi-
ciary to take into consideration such petitions and mat-
ters or things touching judicial proceedings as shall be
presented, or may come in question, and be referred to
them by the House; and to report their opinion thereon,
together with. such propositions relative thereto as to
them shall seem expedient."—Bule 83.


LAWS OF THE UNITED STATES.


TAttle &Brown's By the joint resolution of September 26, 1850, it is
edit ion of session
laws to be fur. provided "that the Secretary of State be authorized and
nishcd. directed to contract with Little & Brown to furnish their


annual Statutes at Large, printed in conformity with the
plan adopted by Congress in 1845, instead of the edition
usually issued by his order under the act of Congress of
April 20, 1818, and which conforms to an edition of the
laws now in use."—Stat. at Large, Vol. IX, p. 564.


Whole number By the act of April 20, 1818, above referred to, of the .
contracted for. 11,000 copies of the session laws directed to be published


and distributed under the direction of the Secretary of
Ono copy fotr State, there shall be distributed " to each member of the


each b r. House of Representatives and delegates in Congress
Fifty copies to from any Territory, one copy each ," and "fifty copies to


the Clerk tor the
use of members the Clerk of the House of Representatives for the gen-
nod committees. eral use of the committees and members of the House.”


Three hundred And it is further provided, "that 300 of the said copies
copies to Library
for U80 a Diem. shall be annually placed in the Library of Congress;
hers.
and every member of Congress and every delegate shall


be entitled to the use of a copy during the session, to be
returned and accounted for,” &c.


Ono thousand By the act of March 3, 1845, the Attorney General is
copies of Statutes authorized to contract with Messrs. Little & Brown forat Large.


one thousand copies of their proposed edition of the laws
and treaties of the United States, according to the plan
in said law set forth.—Stat. at Large, Vol. V, p. 79S•
which number, by the act of August 8, 1846, there are
to be distributed, under the direction of the Secretary


Two hundred of State, "two hundred and eighty copies to the Libr'-'
and eighty copies •
for Libra y for flan of Cong


n


ress for the use of the members of the Senat
use of members, and House during the sessions of Congress," and "fifty


copies to the Clerk of the. House of Representatives for ccoialceroepsuiscietoof
the chambers and committee-rooms of the House."—
Stat. at Large, Vol. IX, p. 75.


By the act of February 5, 1859, the distribution pro- Secretary of In.
out to distri.


vided for in the foregoing acts is directed to be made t
by the Secretary of the Interior; and of the number of
Statutes at Large heretofore deposited in the Library of
Congress for the use of members, it was directed that,
after retaining ten copies, two-thirds of those remaining Copies Ito be
should be transferred to the Library of the House.—Stat. lageLrieUrary.to
at Large, Vol. XI, p. 379.


By the act of June 25, 1864, it is made the duty of the fucatMel,:.
Secretary of the Senate to furnish the. Superintendent of rotary of Smiteand printed.
Public Printing with correct copies of all laws and joint
resolutions as soon as possible after their approval by
the President; and the Superintendent shall immediately
cause to be printed, separately, the usual number for the
use of the two houses ; and in addition thereto, he shall
cause to be printed -and bound, at the close of each ses- Extra copies of.
sion, three thousand for the use of the Senate and ten
thousand copies for the use of the House, with a complete
alphabetical index, prepared under the direction of the
Joint Committee on Printing.—Stat. at Large, Vol. XIII,
p. 185.


By the joint resolution approved March 31, 1866, Contract Cot re
(Sess. Laws, p. 308,) the Secretary of State is directed to Poerwedeliaveryt a.


-renew the contract with Little, Brown & Co., for the tended.
annual publication of the Statutes at Large until other_
wisei ordered by Congress, and the time for their delivery
is. extended to seventy days after the adjournment of


r each session of Congress.
When an act has been approved by the President, the r


i
T;th be spriNg


usual


n
umber of copies shall be printed for the use of tou8e.


the House.—Buie 157.
LIBRARY OF CONGRESS.


By the act of April 24, 1800, the first appropriation ?F for.irst appropria-
and twitfor the purchase of books for the use of Congress, t


for the fitting up in the Capitol an apartment therefor,
was made ; and said purchase was directed to be made




118 LIBRARY OF CONGRESS.


by the Secretary of the Senate and Clerk of the House,
"pursuant to such directions as shall be given, and such
catalogue as shall be furnished by a joint committee of
both houses of Congress, to be appointed for that pur-
pose ;" and the regulations of said library were to be
such " as the committee aforesaid shall devise and
establish."—Stat. at Large, Vol. II, p. 56.


President of Sen- By the act of January 26, 1802, the President of the
ate and Speaker
to make regula- Senate and the Speaker of the House for the time being
tions for. are "empowered to establish such regulations and instruc-


tions in relation to the said library as to them shall seem
proper, and from time to time to alter or amend the same:
Provided, That no regulation shall be made repugnant


President of u. to any provision contained in this act." It confers the
. t appoint appointment of the librarian upon " the President of thelibraorian.


United States solely," and provides further, "that no map
shall be permitted to be taken out of said library by any


Who may take person ; nor any book, except by the President and Vice-
books from. President of the United States and members of the Senate


and House of Representatives for the time being;" and
"that the unexpended balance of the sum of $5,000 a I )pro-
priated by the act of Congress aforesaid for the purchase
of books and maps for the use of the two houses of Con-
gress, together with such stuns as may hereafter be appro-
priated to the same purpose, shall be laid out under the


Joint Committee direction of a joint committee, to consist of three mem-
on.


'hers of the Senate and three. members of the House of
R.eptesentatives."--Stat. at Large, Vol. II, p. 129.


By the acts of May 1, 1810, (Stat. at Large, Vol.
612;) March 2, 1812, p. 786;) April 16, 1816, (Stat.
at Large, Vol. p. 284;) January 13, 1830, (Stat. at
Large, Vol. IV, p. 429;) March 3, 1863, (Stat. at Large, Vol.


Privilege oaf p. 765,) the privilege of using books in said library,
using books in, 7
extended. with the consent of the President of the Senate and


Speaker of the House, was extended to the agent of the
Library Committee, judges of the Supreme Court, Attor-
ney General,•members of the diplomatic corps, heads of
Departments, Secretary of the Senate, Clerk of thelfouse,.
chaplains of Congress, and, while in the Distric t a


LIBRARY OF CONGRESS, JOINT COMMITTEE ON, ETC.
119


Columbia., ex-Presidents of the United States ; also the
judges, solicitors, and clerks of the Court of Claims.


By the act of July 14, 1832, the Librarian was directed taMetrarY es-
to remove the law-books into a separate apartment, to
be prepared for the purpose of a law library, and the
justices of the Supreme Court were " authorized to make. :TMe
rules and regulations for the use of the same by them-




for.m- tons
selves and the attorneys and counsellors, during the


t


sittings of the said court, as they shall deem proper :
Provided, Such rules and regulations shall not restrict
the President of the United States, the Vice-President, or
any member of the Senate or House of Representatives,
'from having access to the said library, or using the books
therein, in the same manner that he now has, or may
have, to use the books of the Library of Congress."-
Stat. at Large, Vol. IV, p. 579.


LIBRARY OF CONGRESS, JOINT COMMITTEE ON.


"There shall be a Joint Committee on the Library, to To be
numb


appoint-
and of


consist of three members on the part of the Senate and
er. what


three on the part of the House of Representatives, to
superintend and direct the expenditure of all moneys Duties of.
appropriated for the library, and to perform such other
duties as are or may be directed by law."—Joint Rule 20.


[This committee is usually appointed at the commence- When appointed.
ment of each Congress.]


(See also LIBRARY OF CONGRESS.)
LIBRARY OF THE HOUSE.


"There shall be retained in the library of the Clerk's Two copies of
office for the use of the members there, and not to be la/IllenLubtlowbdeocrao:
withdrawn therefrom, two copies of all the books and tamed in.
printed documents deposited in the library."—Bule 17.


LIE ON THE TABLE, MOTION TO.


Under the parliamentary law, this motion is only made For what par.
o


"when the House has something else which claims its made. usually
present attention, but would be willing to reserve in their
Power to take up a proposition whenever it shall suit
them"—Manual, p. 06. [But in the House of Represent-





120 LIE ON THE TABLE, MOTION TO.


atives it is usually made for the purpose of giving a
proposition or bill its " death-blow ;" and when it pre-
vails, the measure is rarely ever taken up again during
the session.]


Takes prece- By the 42d rule, it is provided that when a question is
deuce of all other
motions, except under debate the motion to lie on the table takes pre.
to adjourn. cedence of every other motion except the motion to ad-


journ.
Not debatable. "The motion to lie on the table shall be decided with-


out debate."—Rule
"In general, whatever adheres to the subject of this


motion goes on the table with it; as, for example, where
a motion to amend is ordered to lie on the table, the
subject which it is proposed to amend goes there with
it."—Cushing, p. 565. But it is not so with the Journal,


votedisitwhere to lay upon the table a proposed amend-Exceptions.
ment thereto—Journal, 1, 26;p. 28; nor with the subject
out of which a question of order may arise, where the
appeal is laid on the table, the decision of the Chair
being thereby virtually sustainedJournal, 1, 26,p. 529;
nor with the bill or other proposition, where the motion
to reconsider a vote thereon is laid on the table.—Jour-
nals, passim.


An order for the main question to be put does not pre-
clude the motion to lie on the table, but it may be made
at any stage of the proceedings between the demand for
the previous question and the final action by the House
under it.—Journals, 1, 28, p. 490; 1, 30, p. 175.


Where a motion has already been made and negatived
to lay a. bill on the table, and no change or alteration
has been made in the bill, or no proceeding directly
touching its merits has since taken place, the motion to
lie on the table cannot be repeated.—journal, 2, 27, p.
890. [But under the invariable practice, the motion 'o
be entertained at every new stage of the bill or propos i


-tion, and upon any proceeding having been had touching
its merits.]


Where a bill is laid on the table pending the motions
to refer and print, the motion to print, as well as all other
Motions connected with it, accompanies it.—Journal,


LITHOGRAPHING—LOBBY,--BIACE.
121,


32, p. 195. But where, as in case of a message, report, Whore motion
&c., it is moved to lie on the table and print, the said Print is
motion may be voted on as an entirety, or, under the
46th rule, it may be divided, and a separate vote taken
on each branch of the motion.--Journal, 1, 32, p. 337.


A negative vote on a motion to lie on the table may Negative vote
oube reconsidered




maybe recoil.
.—journal „ 2, 32, p. 234. sidered.


If a motion to reconsider be laid on the table, the latter Where a motion
to
la id r onvote cannot be reconsidered J.ourua/s, 3, 27, p.


the table,
1, 33, p. 357.


The motion to lie on the table is in order, pending


on table p•nding


considered.it eannot be re-


consideration of Senate amendments to a bilk—Journal
6natt, •1, 33, p. 1250.


meat thetv t,,.na
The following propositions are required by the rules ProliogitionS


which lie on tableto lie on the table one day, viz : one day.
Every order, resolution, or vote to which the concur- qa•


rlole 'o.rs Concur-
rence of the Senate shall be necessary, unless the House rence ofsenate.
shallotherwise expressly allow—Rule 143; calls on the .2ranitipal


and
or Departments for information—unless other- p= extrac


wise ordered by unanimous consent—and to be taken up
in the order of presentation after reports from select
committees are received—Rule 53; notices of motions to


change rulmMotion to
rescind or change a standing rule or order—Rule 145;
and notices of motions for leave to introduce bills.—Rule
115.


LITHOGRAPHING.


(Sec ENGRAVING.)
LOBBY.


'In case of any disturbance or disorderly conduct in May be cleared.
galleries or lobby, the Speaker (or chairman of the


Committee of the Whole House) shall have power to
.Order the same to be cleared"—Rule 9.


MACE.


By a resolution of the House of April 14, 1789, (Jour- DiTtied to be
nul 1st Cong., p. 14,) it was directed that a proper sym- Pro Re"
bol of office should be provided for the Sergeant-at-
-4 ms, of such form and device as the Speaker should
direct; and by Rule 23 it is directed that "the symbol


In general. car-
ries to the table
whatever is con-
nected with sub-ject Of it.


Not precluded
by order of main
question.


Where motion
cannot be re-
peated.


In order at every
new stage, &c.


Carries with it
motion to print.


Notices of bills.




122 ;MPS—MANUFACTURES; COMMITTEE ON, ETC.


To be borne by of his office (the mace) shall be borne by the Sergeant,
Sergeant-atarms
when in exceu. at-arms when in the execution of his Office. ),
tion of his office.


MAPS.


Not to be print- "Maps accompanying documents shall not be printed
ed without spe-
cial direction. under the general order to print ., without the special


direction of the House."—Bide 139.
(See ENGRAVING.) .


MANUFACTURES, COMMITTEE ON.


WI" appoint- COTnhgerrees:talloleMliptcd, and number


tpeoehoi ant itilfiaecctommencement ems: tioi con s
consist


off
each


of.
members.—Rule 74.


Duties of.






[There are no duties assigned to this committee by the
rules.]


MEETING OF CONGRESS.


Shollbe on first "The Congress shall assemble at least once in every
c


fo
m


n
b
d
e
a ill De- year, and such meeting shall be on the first Monday in


December, unless they shall by law appoint a different
day."—Const., 1, 4,_8.


President may "The President may, on extraordinary occasion, con-
vene both houses, or either of them.”—Ibid., 2, 3, 18.


First, shall be By the act of January 22, 1866, (Sess. Laws,pp. 7, 8,) it
on 4th of March. is provided that, in addition to the present regular times


of meeting of Congress, there shall be a meeting of the
40th Congress, and of each succeeding Congress there-
after, at 12 o'clock in. on the 4th day of March, the day
on which the term begins for which the Congress - is
elected, except that when the 4th of March occurs on
Sunday, then the meeting shall take place at the same
hour on the next succeeding day.


At the first sos- [On the day fixed for the first meeting of a Congress,
sZien members i712:, the 4th day of March, the members elect assemble
assemble. in the hall of the House of Representatives, and at the


Called to order hour of 12 o'clock m. are called to order by the Clerk of
by Clerk. the last House, standing at his desk. Having requested


the members elect to respond to their names as called, lie
Roll called. proceeds to call the roll by States, beginning with theState of Maine. In making up said roll, he is directed


MEETING OF CONGRESS. 123
to place thereon the names of all persons claiming seats Who shall be


onas representatives elect from States which were repre- placedtherolL
dented in the next preceding Congress, and of such per- .
sons only, mid whose credentials show that they were
regularly elected in accordance with the laws of their
States respectively, or the laws of the United States.
(Laws 2d Sess. 39th Cong., Sess. Laws, p. 28.) Having
ascertained whether or not a quorum is present, he an- Quorum present.
nounces the fact to the House. If a quorum shall have
answered, it is then usual for some member to move
"that the House do now proceed to the election of a
Speaker viva voce." The question on this motion having Election of
been put by the Clerk, and decided affirmatively, he then Speaker.
designates four members who shall act as tellers of the Tellers.
vote about to be taken, usually making his selection
from members of different parties. The tellers having
taken their seats at the Clerk's desk, and nominations Nominations.
having been made and recorded, the Clerk then pro-
ceeds to call the roll of members alphabetically, each
member, as his name is called, pronouncing audibly the


Speaker. forname of the person voted for, and the Clerk (through
one of his assistants) recording the name of the member
voting in a column tinder that of the member voted for.
After the roll-call is completed, and every member pres-
ent (and desiring it) has voted, the lists of voters for
each candidate are read over by the Clerk, when one of Announcement
the tellers rises and announces to the House what num- vote.of
ber of votes each candidate has received. If no person When no one
shall have received a majority of all the votes given, the elected.
Rouse then proceeds (if no other order be• taken) to a
second vote, and so on until an election is effected. But
if any person shall have received a majority of all the
votes given, and a quorum has voted, the Clerk declares Where Speaker
such person " duly elected Speaker of the House of elected.
Representatives for the —Congress." The Clerk thenConducted , to
designates two members (usually of different politics, chair and sworn.
and from the number of those voted for as Speaker) "to
conduct the Speaker elect to the chair;" and also one
Member (usually that one who has been longest a mem-


er of the House) "to administer to him the oath required




124 MEETING OF CONGRESS.


by the Constitution and laws of the United States." In
In ease o rease of a vacancy in the office of Clerk, or of his absence


vacancy in office
of Clerk. or inability, the duties imposed onihim by law or custom


relative to the preparation of the roll or the organiza-
tion of the House shall devolve on the Sergeant-at-
Arms; and in case .of vacancies in both of said offices,
or of their absence or inability to act, the said duties
shall be performed by the Doorkeeper. Having been
conducted to the chair, it is usual for the Speaker to
deliver to the House a brief address, which being con-
cluded, the oath is administered to him, and he then
takes his seat as the presiding officer of the House.


Members and (See, OATU.) He then directs the Clerk to call the roll
delegates of members by States, requesting each member, as hit


name is called, to approach the Chair, when he adminis-
ters to them the oath to support the Constitution of the
United States. The delegates from the Territories are
then called and sworn.


Senate notified At this stage it is usual for the House to adopt an.
of presence of a Order
quorum_ and_ elec. vi " that a message be sent to the Senate to inform
Con of Speaker. that body that a quorum of the House of Representa.=


tives has assembled, and that —, one of the Rct
resentatives from the State of —, has been chosen
Speaker, and that the House is now ready to proceed tO
business."


Committee to And then, or upon the receipt of a message from the
nt on Presi- Senate informing the House of the presence of a quorum


in that body, it is usual for the House to adopt the fol-
lowing order: "That a committee of three members bo
appointed on the part of the House, to join such commit-
tee as may be appointed on the part of the Senate,*
wait on the President of the United States, and inform-
him that a quorum of the two houses has assembled, and
that Congress is ready to receive any communication he
may be pleased to make."


Rnles of last It has been usual to adopt a resolution, providing
Rouse adopted. " that the rules and orders of the last House of Repre-


sentatives be adopted for the government of this nous°
until otherwise ordered." But the adoption of the fol-
lowing rule during the 36thCongress would seem tql:ell"


MEETING OF CONGRESS.
125


der such a resolution unnecessary now, viz: "These rules
shall be the rules of the House of Representatives of the
present and succeeding Congresses, unless otherwise
ordered."—Rule 147.


The election of officers is next proceeded with, which, ceNection of ofll,
being completed, the House may be considered as fully
organized.


Orders providing for the hour of the daily meeting of joi,?1
new


x;ir, a,•
spapers.


f odralelithe Hou se, and for furnishing members with newspapers, R.n:
are amongst the earliest that are thereafter adopted.


[The foregoing are the proceedings which usually take
place upon the assembling of a new House of Represen-
tatives, and which generally occur on the first day of the
meeting of Congress.]


There have been occasions, however, where the pro Belay in the
ceedings were very different, and where the organiza- organization.
tion of the House was much longer delayed.


In the 26th Congress, where the Clerk, upon the call
-of the roll by States for the ascertainment of the pres-
'Once of a quorum, proposed to omit the call of either of
the claimants for each of several contested seats, on the Contested seats.
fth day of the session, a chairman was appointed "to Chairman ap.


"Serve until the organization of the House by the dee- P°inted'
ion of a Speaker;" and such election did not take place


Until eleven days thereafter.—Journal, 1, 26, pp. 6, 79.
In the 31st Congress, by reason of a failure of a major- Failure of ma-


lty to vote for, any candidate, there was no -election or iZeitaLtrte far
speaker for nearly a month after the meeting.—Journal,
1, 31; p. 3 to 164.


And in the 34th Congress, for the same cause, an elec.
ion of Speaker did not take place for two months after


Lite meeting.—Journal, 1, 34, p. 3 to 446.
Aud also in the 36th Congress, for the same cause,jtlomioellteacit lioi


of a Speaker was delayed for two mouths.—


During the three last-named periods, while the House Clerk presides.Was without a Speaker, the Clerk presided over itsdeliberations; not, however, exercising the functions ofSpeaker to the extent of deciding questions of order,
but, as in the case of other questions, putting them to




126 'MEMBERS.


the House for its decision. To relieve future Houses of
some of the difficulties which grew out of the very lim-
ited power of the Clerk as a presiding officer, the House
of the 36th Congress adopted the present 146th and
147th rules, which provide, that "pending the election
of a Speaker, the Clerk shall preserve order and 'deco-
rum, and shall decide all questions of order that may
arise, subject to appeal to the House," and also for the
permanency of the present rules, "unless otherwise
ordered."


Speaker elected In the 31st and 34th Congresses a Speaker was finally
by plurality voto. elected by a plurality vote ; such mode of election, how-


ever, was previously authorized by a resolution of the
House, and subsequently confirmed by a resolution de-
claring him " duly elected."—Journals, 1, 31,pp. 156, 163,
164 ; 1, 34, pp. 429, 430, 444.


At a second or [At a second or subsequent session of Congress the
subsequent ses•
Bien. members are called to order by the Speaker, when he


causes the clerk to call the roll of members by States
for the purpose of ascertaining whether or not a quorum
is present. As soon as a quorum has answered, it is


Notify Senate usual for the House to pass an order "that the Clerk
of quorum. inform the Senate that a quorum of the House of Rep-


, resentatives has assembled, and is ready to proceed to
business;" and subsequently, as at the first session, to


Committee to pass an order for the appointment of a committee to wait
wait on Prem. on the President. An order is also passed fixing, until
The hour ofdai-


meeting fixed. otherwise ordered, the hour of daily meeting.]ly
MEMBERS.


Qualifications of. "No person shall be a Representative who shall not
have attained the age of twenty-five years, and have
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"—Coast., 1, 2, p. 5.


Who shall not be. "No o person shall be a Representative in Congress
having previously taken an oath, as a member of Con-
gress, or as an officer of the United States,


who


ber of any State legislature, or as an executive or judi
cial officer of any State, to support the Constitution a


MEMBER S. 127
the United States, shall have engaged in insurrection or
rebellion against the sank, or given aid or comfort to
the enemies thereof. But Congress may by a vote of.
two-thirds of each house remove such disability."—Ibid.,
XI V Amendment, p. 33.


"Bach home shall be the judge of the elections, re-
House s h 111turns, and qualifications of its own members."—Ibid., jggeolof election,


51P. 8.
(See ELECTIONS, CONTESTED.)
The times, places, and manner of holding elections


for Senators and Representatives shall be prescribed in w e t:Iloans Lowr,
each State by the legislature thereof; but the Congress held.
may atuny time by law make or alter such regulations,
except as to the places of choosing Senators.—Coast., 1,
4, 8.


A communication from a member informing the House
that he had transmitted to the governor of his State his zifectetoogoecr.e.
resignation of his seat in Congress, held to be sufficient
evidence that he is no longer a member of the House.—
Journal, 2, 41, p. 373.


•(See RESIGNATION BY A MEMBER.)


By an act of July 14, 1862, it is provided that in each
State entitled in any succeeding Congress to more than Tobe elected by
one Representative (except in the election in California singh) districts.
and Illinois for the 38th Congress) the number to which
such State is or may be hereafter entitled shall be elected
by districts composed of contiguous territory, equal in
number to the number of Representatives to which said
State may be entitled in the Congress for which said
election is held, no one district electing more than one
Representative.—Stat. at Large, Vol. XII, p. 572.


"When vacancies happen in the representation from
any State, the executive authority thereof shall issue tuivfancies, howwrits of election to fill such vacancies."—Coast., 1, 2, p. 6.


• In making out the roll of members elect at the first
meeting.of a Congress, the Clerk of the next preceding inn,,ololftantgrect"
Rouse shall place thereon the names of all persons claim-
ing seats as Representatives elect from States Which were
represented in the next preceding Congress, and of such
persons only, whose credentials show that they were
regularly elected iu accordance with the laws of their




128 MEMBERS. 129
States respectively, or the laws of the United States.—
Laws 2d Sess. 30th Cong., p. 28.


Shall receive "Representatives shall receive a compensation for
their services, to be ascertained by law, and paid out of
the Treasury of the United States."—Const., 1, 6, p.


(See COMPENSATION and MILEAGE.)
Oath to be ad- " The oath or affirmation required by the sixth article


ministered to. of the Constitution of the United States, to wit: A.
B., do solemnly swear (or affirm, «a the ease may be) that.
I will support the Comtitution of the United States,' shall
be administered at the first session of Congress after


'every general election of Representatives, first by any
one of the members to the Speaker, and by him to all
the members present, and to the Clerk previous to enter-
ing on ally business, and to the members who shall after-
wards appear previous to taking their seats."—Stat. at
Large, Vol. I, p. 23. An additional oath is prescribed by
the act of July 2, 1862; and also (where legal disa-
bilities have been removed) by the act of July. 11,
1868.—(See OATH.)


Members not to "No Representative shall, during the time for which
ol nel!P°h1" t° 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 in-


Government an- creased, during such time; and no person holding any
cers not to be office under the United States shall be a member of eithermembers,


house during his continuance in office."—Coast., 1, 6, 9.
member to "No Representative shall be appointed an elector."—be an elector.


with the concurrence of two-thirds, expel a member."—
Cont., 1, 5, p. 8. -


ensationIn all cases of a vacancy in either house of Congress,. Coup
caf-by death or otherwise, of any member elected or ap- nierse caof


pointed thereto, after the commencement of the Congress
to which lie shall have been elected, each person after-
wards elected or appointed to fill such vacancy shall be
compensated and paid from the time that the compensa-
tion of his predecessor ceased: Provided, That no. mem-
ber shall receive more than three thousand dollars for
auy one year.—Stat. at Large, Vol. XII, p. 624.


By the act of February 26, 1853, it is provided that Bribery of
if any person shall bribe, or offer to bribe, a member of
Congress, or officer or person holding any place of' trust
or profit, or discharging any official function under the
House of Representatives, he shall, on conviction thereof,
be fined not exceeding three times the amount so offered
or given, and imprisoned in a penitentiary not exceed-
ing three years; and the person convicted of in anywise Acceptingbribes.
accepting or receiving the same, or any part thereof,
shall be subject to the same penalty, and, if an officer
or person holding any such place of trust or profit as
aforesaid, shall forfeit his office or place; and any per-
son so convicted shall forever be disqualified to hold
any office of honor, trust, or profit under the United
States.—Stat. at Large, Vol. X, p. 171.—(See BRIBERY.)


By the same actit is provided that if any member of Forbi&lentoact
tac cf0rmelpaiersatVo.7Congress shall, for compensation paid or to be paid,


as agent or attorney for, or aid in the prosecution or sup- Paid wbePaid
-poq of, any- claim or claims against the United States,


he shall, on conviction, pay a fine not exceeding five
thousand dollars, or suffer imprisonment in the peniten-
tiary not exceeding one year, or both, at the discretion
of the court. —/bid., p. 170.


By the act of April 21, 1808, it is provided that no Net to be inter.
Member of Congress shall be interested in any public cesoltinl t:tns. pubic
contract, under a penalty of three thousand dollars fine;
and if any officer of the United States, on behalf of the
tinted States, shall make such a contract with a mem-


B D--9


compensation.


Coast., 2, 1,p. 15.
Privileges of. "The Senators and Representatives shall, in all cases


except treason, felony, and breach of the peace, be privi-
leged from arrest during their attendance at the session
of their respective houses, and in going to and return-
ing from the same; and for any speech or debate. m
either house. they shall not be questioned in any other
place."—Const., 1, 0, p. 9.


(See PRIVILEGE.)
May be punished "Each house may determine the rules of its procee


d-
or expelled. ings, punish its members for disorderly behavior, and,




130 MEMBERS. MEMBERS. 131
ber of Congress, lie shall be liable to the same penalty.
Stat. at Large, Vol. II, p. 404.


Not to practiee No member shall practice in the Court of Claims.—
Claims .


n C ourt of III
at Large, Vol. XI , p. 766.


Not to receive By the act of June 11, 1864, it is provided that no
compensation for
any services member of the Senate or House of Representatives shall,
wherein the II. S.
is a party. after his election and during his continuance in office.


nor shall any head of a Department, head of 'a Bureau,
clerk, or any other officer of the Government, receive, or
agree to receive, any compensation whatsoever, directly
or indirectly, for any services rendered, or to be ren-
dered, after the passage of this act, to any person, either


himself or another, in relation to any proceeding, con-
tract, claim, controversy, charge , accusation, arrest, or
other matter or thing in which the United. States is a
party, or directly or indirectly interested, before any
Department, court-martial, Bureau, officer, or any civil,
military, or naval commission whatever. And any per-
son offending against any provision of this act shall, on
conviction thereof, be deemed guilty of a misdemeanor,
and be punished by a fine not exceeding ten thousand
dollars, and by imprisonment for a term not exceeding
two years, at the discretion of the court trying the same,
and shall be forever thereafter incapable of holding any
office of honor, trust, or profit under the Government of
the United States.


Must frank with By the act of March 1, 1869, it is directed that each
written auto•
graph. person entitled to the franking privilege shall place his


written autograph signature upon the matter franked,
otherwise such matter to be charged with postage--
Sess. Laws, 3, 40, p. 20.


By the act of March 3, 1863, authority to frank mail
matter is conferred upon members, to cover correspon d


-ence to and from them, and all printed matter issued by
authority of Congress, and all speeches, proceedings, and
debates in Congress, and all printed matter sent to them;
their franking privilege to commence with the term for
which they are elected, and to expire on the first Mon'
day of December following such term of offlee.—Stat• at
Large, Vol. XII, pp. 708, 709.


The amount of postage charged by reason of excess of
weight upon any letters, &c., received during the session,
touching their official or legislative duties, shall be paid
out of the contingent fund of the House.—Stat. at Large, •
Vol. V, p. 734.


By the act of July 4, 1864, the Clerk is directed to pur- cComploto set of
chase from the publishers, for each Representative and Gloilinteliflr!


niched to each.Delegate of that and each succeeding Congress, who has
not heretofore received the same, one complete set of the
congressional Globe and Appendix—this and the other
provisions of the law to be abrogated by either Congress
or the publishers after two years' notice.—Stat. at Large,
Vol. XIII, p. 392. The said notice was given by the act
of March 2, 1807.—Stat. at Large, 239, pp. 442, 443, 471.


"No member shall absent himself from the service of ma not absent
the House, unless he have leave, or be sick, or unable to themselves'
attend."—Rule 33. (See COMPENSATION.)


"A smaller number than a quorum may be authorized Loss than a quo.
`to compel the attendance of absent members in such ltrrk:013-tobecl.eanttondance ofmanner and under such penalties as each house may pro- Ws
;;vide."—Const., 1, 5, p. 8.


"Any fifteen members (including the Speaker, if there ..Atit)endanceiri
be one) shall be authorized to compel the attendance Vila:n im°0ffi'•
of absent inemberS."—Rule 34. (See CALLS -OF THE ers.
HOUSE.)


" While the Speaker is putting any question, or Deportment of,
•ilddressing the House, none shall walk out Of or across in the mouse.


the House; nor in such case, or when a member is speak-
ing, shall entertain private discourse; nor while a mem-
ber is speaking, shall pass between him and the Chair.
Eveity member shall remain uncovered during the session
Of the House. No member or other person shall visit or When not


to
remain by the Clerk's table while the ayes and noes are Ls' ll.t Clerk's
calling or ballots are countine—Rule 65.


." No member shall vote on any question in the event hall . not vote
of which he is immediately and particularly interested, owrI sbeortoZynettV.
or in any case whore lie was not within the bar of the
lions°


when the question was put. And when any
member shall ask leave to vote, the Speaker shall pro-
*Rind to Min the question: 'Were you within the bar
before the last name on the roll was called?' and if he


Franking privi•
lege of.




• 132 MESSAGES PROM THE PRESIDENT. MESSAGES FROM THE PRESIDENT. 133
shall answer in the negative, the Speaker shallnotfurthe'
entertain the request of such member to vote: Provided,,.
however, That any member who was absent by the leave:
of the House may vote at any time before the result is:
announced."—Bade 29. And "upon a division and count
of the House on any question, no member without the
bar shall be counted."—Rule 36. (See BAR OP THE
HOUSE.)


Shall vote if in Every member who shall be in the House when the
House, unless ex-
cused. question is put shall give his vote, unless the House shall


excuse hint. All motions to excuse a member from
voting shall be made before the House divides, or before
the call of the yeas and nays is commenced, and the
question shall then be taken without debate."—Buie 31:


Names to be "Upon calls of the House, or on taking the yeas and
called alpha


,
beti-


y. nays on any question the names of the members shallll
be called alphabetically."—Bute 35.


Need not servo "Any member may excuse himself from serving on
on more than two
committees.
any committee at . the time of his appointment if he is


then a member of two other committees."—Rule 69.
MEMORIALS.


(See PETITIONS.)
MESSAGES FROM THE PRESIDENT.


Shall from time "The President shall, from time to time ( rive to the
to time give in- In
formation and re- Congress information of the state of the Union, and
commend meas-
ures. recommend to their consideration such measures as he


shall judge necessary and expedient."—Const., 2, 3, p. is.
Annual message. The allnual message of the President, with the accom-


panying documents, is usually communicated to the
House at the commencement of each session, but usu-
ally not until after he has been notified through a .joiut
committee of the two houses that a quorum of each
body has assembled, and is ready to receive any com-
munication he may be pleased to make ; although it was
otherwise in the Thirty-fourth and Thirty-sixth Con-
gresses, the message having been communicated on the
first occasion on the 31st of December, and on the latter
not only before the appointment of such committee, but


before the election of the Speaker, which latter did not
take place until the month of February.—(See Journals,
1, 34, pp. 221 to 228, 231, 233, 444; 511; 1, 36.)


All messages from the President are in writing, and now announced.
are sent to the House by his private secretary, or such
other person as he may delegate, and, as in the case of
messages from the Senate, are announced at the door by
the Doorkeeper and handed to the Speaker, who places
them upon his table, to be taken up whenever the House,
under the 54th Rule, shall go to the business thereon. In
the case of the annual message, however, it is usually
taken up, by unanimous consent, as soon as received.
Whenever taken up, messages from the President are
...always read in extol so, the House never, as in the case Always read.
!Zcif other communications, dispensing with the reading of
the same.


In regard to printing the messages and other docu- Printing of.
"merits, see PRINTING, PUBLIC.


"Where the subject of a message is of a nature that bZo ho sent to
it can properly be communicated to both houses of Par- sumodalree::Ce°p11,
liament, it is expected that this communication should In certain cases.
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 .lie other, because the
declaration, being original, could not possibly be sent to
loth houses at the same time."—Manual, p. 131. [So, too,


Congress, where they can be properly made, commu-
tations are expected to bp made to both houses on the


stunenday, except where the communication may be in
response to a call from one branch only. The parlia-
mentary practice prevails, too, in regard to the commu-
Afication of an original paper.—See Journal, 1, 35, p. 270.]


[Where the President approves a bill, it is customary Notifying.
the


him to notify the house where it originated of the ill„.°01,1.7,1 °410",?,11:
tact, and the date of approval, which is entered on the 'a. to return.
Journal. A similar notification is also giVen in case a
hill is allowed to become a law by his failure to return
the same with his objections.—See President of the


S.]


'hen taken up.




1


11


Veto.


Doorkeeper
shall announce.


By whom to be
sent.


134 MESSAGES FROM THE SENATE—MILEAGE.


• or approvals to Messages from the President giving notice of billsbe read at Clerks
desk.


approved shall be reported forthwith from the Clerk's
desk.—Bule 158.


Messages returning a bill with his objections. (See
VETO.)


MESSAGES FROM THE SENATE.


" 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 Doorkeeper, and shall be
respectfully communicated to the Chair by the person
by whom it may be sent."—Joint Rule.


"Messages shall be sent by such persons as a sense of
propriety in each house may determine to be proper"—
Joint Rule 4. [In the House they are commonly sent by„
its Clerk ; in the Senate, by its Secretary.]


If in Committee "If the House be in committee when a messenger
of the Whole
Speaker t n k o8 attends, the Speaker takes the chair to receive the mes-
chair to receive.


sage, and then quits it to return into committee, without
any question or interruption."—Manual; p. 130. [It . is


Received the practice of the House to receive messages promptly
promptly.


upon the appearance of the messenger, and without
regard to the business in hand ; in case a member is
occupying the floor in debate, he suspends his remarks
until the announcement is made and the message
received, and a call of the yeas and nays is not mike-
quently suspended for the same purpose ; but When
received it is placed upon the Speaker's table, to be taken
up at the time indicated in the 54th Rule, viz, after [mes-
sages and other executive communications.]


If error commit- "If messengers commit an error ill delivering their
toil in message. message, they may be admitted or called in to correct


their message"—Manual, p. 130 ; Journal, 1, 2, pp. 171,
172.


To be reported Messages from t Ito Senate, giving notice of bills passed
Clerk's desk. or approved, shall be reported forthwith from the Cleric's
folt ',with, from


desk.—Rule 158.
MILEAGE.


20 cents per mile By the 17th section of the act of July 28, 1866, it is
allowed. provided that . mileage at the rate of twenty cents per


MILEAGE. 135


mile, to be estimated by the nearest route usually trav-
eled in going to and returning from each regular session
of Congress, shall be allowed to each Representative and
Delegate, the accounts thereof to be certified by the
Speaker.—Bess. Laws, p. 333.


By the joint resolution of December 23, 1857, it is pro- When to be paid.
vided that on the first day of the first session of each
Congress, or as soon thereafter as he may be in attendance
and apply, each Representative and Delegate shallreceive
his mileage as now provided by law ; and on the first
day of any subsequent session he shall receive his mile-
age as now allowed by law.—Scat. at Large. Vol. XI, p.
367.


By the act approved January 22, 1867, it is provided Marchallowed at
that no person who was a member of the previous Cou-


nsees*anert8°.
gress shall receive any compensation as mileage for going
to or from the additional session, (commencing March
4,) provided for in that act.—Sess. Lazes, p. S.


" It shall be the duty of the Sergeant-at-Arms to keep Accounts for, to
the accounts for pay and mileage of members; to pre- gbearioatILSB er-
pare checks, and, if required to do so, to draw the money
on such checks for the members, (the same being pre-
viously signed by the Speaker, and indorsed by the in em-
her,) and pay over the same to the member entitled
thereto.—Rule 25.


By the joint resolution of July 17, 1862, it is provided, Fiofeiture
ellSe ot


of, itt
crenthat in case a member shall, without leave, in anticipa- absence.


tion of, and before, the adjournment of Congress, with-
draw from his seat and not return, he shall, in addition
to the penalty heretofore provided in case of absence,
forfeit a sum equal to his mileage for his return home.—
Stat. at Large, Vol. XII, p. 628.


By the joint resolution of March 3, 1859, it is provided, tcoistrleltive.
in reference to any member who may die after the coin- c:se oir t;ite'ineblei;
mencement of the Congress to which he shall have been wig' maY die.
elected, that "in no case shall constructive mileage be


ii
Computed or paid"—Scat. at Large, Vol. XI, pp. 442, 443.


MILEAGE, COMMITTEE ON.
, There shall be appointed at the commencement of each


d numb r
llhe
and


appoin ted




136 MILITARY AC5ADEMY, ETC.


Congress a. Committee on Mileage, to consist of five mem-
bers.—Rule 74.


Shall ascertain " It shall be the duty of the Committee on Mileage to
and report mile.
age of each ascertain and report the distance, to the Sergeant-at-
member.


arms, for which each member shall receive pay."—Rult
99.


MILITARY ACADEMY.


Three members Three members of the House shall be designated by
isi


to be appointeda poi
to.


nte the Speaker, at the session next preceding the time of thev
annual examination of cadets, to attend the said exami-
nation.; and they shall report thereon within twenty days
after the next meeting of Congress.—Laws 2d Sess. 41,
p. 67.


MILITARY AFFAIRS, COMMITTEE ON.


When appointed There shall be appointed at the commencement of each
and number of. Congress a Committee on Military Affairs, to consist of


nine members.—R2de 74:
"It shall be the duty of the Committee on Military


Affairs to take into consideration all subjects relating to
the military establishment and public defense which may
be referred to them by the House, and to report their
opinion thereupon ; and also to report, from time to time,.
such measures as may contribute to economy and accouu
ability in the said establishment"—Rule 87.


MILITIA, COMMITTEE ON THE.


When appointed There shall be appointed at the commencement of each
and number of. Congress a Committee on the Militia, to consist of nine


members. —Bule 74.
"It shall be the duty of the Committee on the 3. [Biqa


to take into consideration. and report on all subjects cotf
nected with the organizing, arming, and disciplining
militia of the United States."—R2de 8S.


• MINES AND MINLNG, COMMITTEE ON.


When appoint- A Committee on Mines and Mining, to consist of nine
g'tinesni:fl'er, and members, shall be appointed at the commencement .01


each Con gress.—Rule 74.


MODIFICATION—MORNING- HOUR—ON MONDAYS.
137


"It shall be the duty of said committee to consider all
subjects relatin g to mines and mining that may be refeiTed
to them, and to report their opinion thereon, together.
with such propositions relative thereto as may seem to
them expedient."—Hule 153.


MODIFICATION.


[Motions may be modified before the previous question when may be
is seconded, and before a decision or amendment,] but made.
not after the previous question is seconded.—Journals,
1, 28, p. 811; 1, 31, p. 1397.


MORNING HOUR.


The "morning hour," as it is called, is the hour after What is the
the reading of the Journal, which, under the 51st and "morning hour."
52d Rules, has been "devoted to reports from commit-
lees and resolutions,




and after the expiration of which
it is in order, under the 54th Rule, to entertain a motion
"that the House do now proceed to dispose of the busi-


F Hess on the Speaker's table," &c. And under the general When it coin.
menees M run.practice it-is held that this hour begins to run from the


announcement by the Speaker that reports from com-
nittees are in order.


MORNING HOUR ON MONDAYS.


On every Monday it is made the duty of the Speaker I can for bills on
lo call the States and Territories—first for bills on leave lions tinting.
for reference only, and without debate, and not to be




brought back by motions to reconsider, at which tin* joint
resolutions of State and Territorial legislatures may be
introduced for reference and printing; then for resolu-
tions, at which time bills on leave may be introduced,
and all resolutions which shall give rise to debate shall
lie over for discussion.—Rule 130. [And so also in regard
to bills introduced at this time and giving rise to debate.
Ever since the foregoing rule has been in its present form
the Speaker has declined to entertain even a request for Devoted strictly


prescribeden:cu.:mous consent to transact any other business within business.
the time prescribed for calls for bills on leave for refer-


Its duties.


Its duties.




138 MOTIONS.


MOTIONS.


For fullest information in regard to a particular mo-
tion, see under its name, as ADJOURN, LIE ON THE
TABLE, &C., &C.


35r
estion of ctot "When any motion or proposition is made, the question,


be put in ail Will the House now consider it?' shall not be put unless
cases. it is demanded by some member or is deemed necessary


by the Speaker"—Rule 41.
When made and 411711m a motion is made and seconded, it shall be


seconded. stated by the Speaker, or, being in writing, it shall be
handed to the Chair, and read aloud by the Clerk before
debated."—Rule 38.


Shall he reduced "Every motion shall be reduced to writing, if the
to writing, if re •
quirt& Speaker or any member desire it. Every written motion


made to the House shall be inserted on the Journals, with
the name of the member making it, unless it be with-
drawn on the same day on which it was submitted."—
Rule 39. [And such motions are often inserted even
where subsequently withdrawn. But to be entered on
the Journal every motion must have been entertained by
the Speaker.]


May be with- "After a motion is stated by the Speaker or read by
drawn before de-
cision or amend- the Clerk, it shall be deemed to be in the possession of
meat- the House, but may be withdrawn at any time before a


decision or amendment."--Buie 40. [But not after the
previous question is seconded.] It may, however, be
withdrawn while the House is dividing on a demand for
the previous question—Journal, 2, 29, p. 241; and al
incidental questions fall with such withdrawal.---Jon
nal, 1, 26, p. 57.


Precedence of "When a question is under debate, no motion shall be
various motions. received, but to adjourn, to lie on the table, for the pre-


vious question, to postpone to a day certain, to commit
or amend, to postpone indefinitely; which several mo-
tions shall have precedence in the order in which they
are arranged."—Buie 42.


"The motion to reconsider shall take precedence of all
other questions, except the motion to adjourn"—Rule •W.


Member may 44A member may submit more than one motion in con-
submit more than
once. nectiou with a pending proposition, if the latter motion


NAVAL AFFAIRS, COMMITTEE ON.


is of higher dignity than the former:"—Journals, 2, 33,
pp. 483, 486; 2, 35,p. 477.


"No motion to postpone to a day certain, to commite tosalriens a/odnot
or to postpone indefinitely, being decided, shall be again same sdiea, &c.
allowed on the same day and at the same stage of the
bill or proposition"—Rule 42.


"Motions and reports may be committed at the pleas- mairta corn
um




of the House."—Rule 47.
44 When a resolution shall be offered or a timoon made To commit, or.


cto refer any subject, and different committees shall be d
./ ier s i ion w to ' be


proposed, the question shall be taken in the following tal "'


or(41,eTr:lie Committee of the Whole House on the state of
the Union, the Committee of the Whole House, a stand-
ing committtee, a select committee."—Rule 43.


"A motion to adjourn, and a motion to fix the day to Always in order.
which the House shall adjourn, shall be always in order.
These. motions and the motion to lie on the table shall
be decided without debate."—Rule 44.


"The hour at which every motion to adjourn is made Hour of, to ad.
shall be entered on the Journal."--Bute 45.




journ.
"A motion to strike out and insert shall be deemed To. strike out


indivisible; but a motion to strike out being lost, shall aunt insert.


preclude neither amendment nor a motion to strike out
and insert."—Rule 46.


"A motion to strike out the enacting words of a bill enTaeotiViN‘kverdosut
shall have precedence of a motion to amend; and, if car-
lied, shall be considered equivalent to its rejection..
Whenever a bill is reported from a Committee of the
Whole, with a reconnnendatiou to strike out the' enact-
ing words, and such recommendation is disagreed to by
the House, the bill shall stand recommitted to the said
Committee, n.i(n


(See ENACTING
without further action by the House."—Rule


WORDS, MOTION TO STILL; OUT.)
"All amendments made to an original motion in coin- Original, in corn-


natee shall be incorporated with the motion, and so m ince.
reported."--Buie 108.


NAVAL AFFAIRS, COMMITTEE ON.


"There shall be appointed at the commencement of When appointed
and number of.


139




140 NEWSPAPERS—NOMINATIONS—NOTICES.


each Congress a Committee. on Naval Affairs, to consist.
of nine members."—Rule 74.


Its duties. " It shall be the duty of the Committee on Naval Affairs?
to take into consideration all matters which concern the..
naval establishment, and which shall be referred to then
by the House, and to report their opinion thereupw_ ;
and also to report from time to time such measures as
may contribute to economy and accountability in the;
said establishment."—Bule 89.


NEWSPAPERS.


None except the By the act of the 2(1 session 40th Congress, (Sess.
Congressional
Globe to be fur- Laws, p. 3,) it is provided that no Representative shall.
nished to mem-
bers. receive any newspaper except the Congressional Globe,.


or stationery, or commutation therefor, exceeding $125
for any one session of Congress.


"Stenographersfor and reporters, other than the officialReporters or,
admitted to gal. reporters •




of the House, wishing to take down the debates,eery on certain
conditions. may be admitted by the Speaker to the reporters' gal-


lery over the Speaker's chair, but not on the floor of the
House; but no person shall be allowed the privilege of
said gallery under the character of stenographer or
reporter without a. written permission of the Speaker,
specifying the part of said gallery assigned to . him; nor
shall said stenographer or,reporter be admitted to said
gallery unless he shall state in writing for \Olaf. paper
or papers he is employed to report; nor shall he be so
admitted, or, if admitted, be suffered to retain his seat,
if he shall be or become an agent to prosecute any claim
pending before Congress; and the Speaker shall give
his written permission. with this condition.”—Ride 135.


NOMINATIONS.


nary.
Where neces- "Ill all case's where other than members of the House


may be eligible to an office by the election of the House,
there shall be a previous nominatiou."--Bule 11.


NOTICES.


Of bills. In the case of a bill introduced by a motion for lea.
"at least one day's notice shall be given of the mots
in the House, or by filing a memorandum thereof AV"'


OATH. 141


the Clerk, and having it entered on t he Journal, and the
motion shall be made and the. bill introduced, if leave
is given, when resolutions are called for; such motion;
Or the bill when introduced, may be committed."—Rule
115.


(See also BILLS, p. 21, ante.)
"No standing rule or order of the House shall be or amendment


rescinded or changed without one day's notice being of the rules.
given of the motion therefor."—Rule 145. [There is no
authority given, as iu the case of notices of bills, to file
this notice with the clerk. Consequently it can only be
given in open House, and only at such time as any
other independent motion can be made."—Journal, 2,
25, p. 536.]


OATH.


Members shall be bound by oath or affirmation to sup- of members.
port the Constitution of the United States.—Const., 6, 1,
p. 23. The act of,


June 1, 1789, provides that the oath Form of.
required above shall be administered in the form follow-
ing, to wit: "I,
, do solemnly swear (or affirm, as


the case may be) that I will support the Constitution of
the United States." It shall be administered to the
Speaker by any one member of the House of Represent-
atives; and by him to all the members present, and to
the Clerk, previous to entering on any other business,
and to the members who shall afterwards appear, pre-
vious to taking their seats.—Stat. at Large, Vol. I, p. 23.


The act of July 2, 1862, requires that every person ,i;r0e!): taken tV
elected or appointed to any office of honor or profit sersrice. e
limier the Government of the United States, either in
the civil, military, or naval Departments of the public
service, excepting the President of the United States,
shall, before entering upon the duties of such office, and
before being entitled to any of the salary or other emolu-
ments thereof, take and subscribe the following oath or
affirmation : "I, A. B., do solemnly swear (or affirm)
that I have never voluntarily borne arms against the
rnited States since I have been a citizen thereof; that
I have voluntarily given no aid, countenance, counsel,.
Pr encouragement to persons engaged in armed hostility




142 OATH. OBJECTION DAYS—ORDER. 143


thereto ; that I have neither sought nor accepted nor
attempted to exercise the functions of any office what.
ever under any authority or pretended authority in hos-
tility to the United States; that I have not yielded a
voluntary support to any pretended government, author-
ity, power, or constitution within the United States hos-
tile or inimical thereto. And I do further swear (or
affirm) that, to the best of my knowledge and ability, I
will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that
I will bear true faith and allegiance to the same; that I
take this obligation freely, without any mental reserva-
tion or purpose of evasion ; and that I will well and
faithfully discharge the duties of the office on which I
am about to enter : so help me God ;" which said oath
so taken and signed shall be preserved among the files


To be reserved of the court, house of' Congress, or Department to which
in the ales.
Penalty for false the said office may appertain. And any person who
nwearitg. shall falsely take the said oath shall be guilty of per-


jury, and on conviction, in addition to the penalties now
prescribed for that offense, shall be deprived of his
office, and rendered incapable forever after of holding
any office or place under the United States.—Mat. at
Large, Vol. X//, p: 502.


To be taken By the act of July 11, 1868, it is provided that when-
=esiegt at ever any person who has participated in the late rebel-
been removed. lion, and from whom all legal disabilities arising there-


from have been removed by act of Congress by a vote
of two-tl i rds of each house, has been or shall be electe
or appointed to ally office or place of trust in or under
the Government of the United States, he shall, before
entering upon the duties thereof, instead of the oath,:
prescribed by the act of July 2, 1862, take and subscribe
the following oath or affirmation : "I, A. B., do sol-
emnly swear (or affirm) that I will support and &fen:
the Constitution of the United States against all W-
inks, foreign and domestic ; that I will bear true faith
and allegiance to the same ; that I take this obligati o .
freely, without any 'Rental reservation or purpose .0t
evasion; and that I will well and faithfully discharg.,:.


the duties of the office on which I am about to enter : so
help me God."—Sess. Laws, 2d. Sess. 40th Cong., p. 56.


The Clerk, Sergeant-at-Arms, Doorkeeper, and Post- thofHooleers of
master, shall each take an oath for the true and faithful
discharge of the duties of his office, to the best of his
knowledge and abilities, and to keep the secrets of the
House.—Rule 10. The Speaker of the House, a chair- Wh ad-o may may
man of a Committee of the Whole, or a chairman of a
select committee—Stat. at Large, Vol. I, p. 554—and the
chairman of any standing committee, shall be empowered
to administer oaths or affirmations to witnesses in any
case under their examination.—Thicl., Vol. III, p. 345.


OBJECTION DAYS.


" On the first and fourth Friday and Saturday of each "What are.
month the calendar of private bills shall be called over,
(the chairman of the committee of the Whole House com-
mencing the call where he left off the previous day,) and
the bills to the passage of which no objection shall then
be made shall be first considered and disposed of. But
when a bill is again reached, after having been once
objected to, the committee shall consider and dispose of
the same, unless it shall again be objected to by at least
five members."—Rule 129. [Sometimes the House, under
a suspension of the rules, directs that other days than
the above be treated as objection days.]


(See PRIVATE BILLS and PRIVATE BUSINESS.)
OFFICERS OF THE HOUSE.


(See ELECTIONS BY THE HOUSE; also, SPEATCRR, CLERK,
SERGEANT-AT-ARMS, DOORKEEPER, POSTMASTER.)


ORDER.


" The Speaker shall preserve order and decorum; may Speaker shall
speak to points of order in preference to other members, preserve.
rising from his seat for that purpose ; and shall decide
questions of order, subject to au appeal to the House by appeal on clues-
ally two members; on which appeal no member shall
Speak more than once, unless by leave of the House."—
.Rule 2. [The " questions of order" here mentioned relate




144


Where member
called to, for
transgressing
rules in debate,
or for indecorum.


Words to be
taken down, and
must be excepted
to before other
business occurs.


to motions or propositions, their application or
vaucy, &c.]


" If any member, iu speaking or otherwise, transgress
the rules of the House, the Speaker shall, or any
member may, call to order, in which case the member so
called to order shall immediately sit, down, unless per-
mitted to explain, and the House shall, if appealed to,
&chid on the case, but without debate. If there be no
appeal, the decision of the Chair shall be submitted to.
If the decision be in favor of the member called to
order, he shall be at liberty to proceed ; if otherwise, he
shall not be permitted to proceed, in case any member object,
without leave of the House; and, if the case require it, he
shall be liable to the censure of the House."—Rule 61.


" If a member' be called to order for words spoken in
debate, the person calling him to order shall repeat the
words excepted to, and they shall be taken down in writ-
ing at the Clerk's table; and no member shall be held to
answer, or be subject to the censure of the House., for
words spoken in debate, if any other member has spoken,
or other business has intervened, after the words spoken,
and before exception to them shall have been taken."—
Rule 62.


Committee can- "A committee cannot punish a breach of order in the
not punish
breach of. House. It can only rise and report it to the House, who


may proceed to punish."—Manual, p. 94; Journal, 1, 28,
p. 846.


During a divi- "If any difficulty arises in point of order during the
decide question division, the Speaker is to decide peremptorily, subjectsion Speaker to
of, peremptorily. to the future censure of the House if irregular."—Ma*


ual, p. 122.
Speaker may "If repeated calls do not produce order, the Speaker


call member by
name. may call by his name any member obstinately persisting


irl irregularity."—Manual, p. 82.
Sergeant-at- It shall be the duty of the Sergeant-at-arms to attend


the enforcement the House during its . sittings, to aid in the enforcement ofarms shall aid ,
of. order under the direction of the Speaker. •


lion of Speaker:
s


Pending elec- "Pending the election of a Speaker, the Clerk hall
the clerk shall preserve order and decorum, and shall decide all T
preserve.ICS.


ORDER.


rele-


PACIFIC RAILROAD, 'COMMITTEE ON—PAPERS, ETC.
145


tions of order that may arise, subject to appeal to the
House."—Buie 146.


(SCO BUSINESS, DAILY ORDER OP.)
(See APPEAL.)
(See SPECIAL ORDERS.)


PACIFIC RAILROAD, COMMITTEE ON THE.


There shall bo appointed at the commencement of each When appointeddinunner of.Congress a Committee on the Pacific Railroad, to consist an
of nine members.—Rule 74. It shall be the duty of the Duties of.
said committee to take into consideration all such
petitions and matters and things relative to railroads or
telegraph lines between the Mississippi Valley and the
Pacific Coast as shall be presented or shall come in
question and be referred to them by the House, and to
report their opinion thereon, together with such proposi-
tion relative thereto as to them shall seem expedient.
Rule 150.


PAPERS.
" The request of a conference must always be by the iConferveenst


house which is possessed of the papers."--Manual, p. 124.110;4 8 p-oss. essZ
"In all cases of conference asked after a vote of disa- ofivo whom to


greement, &c., the conferees of the house asking it are cbc,'„Itit.ei,,n„e.a" of
.1,.
to leave the papers with the conferees of the other."—
Hamm!, p. 129. .


[Papers heretofore referred may be withdrawn from
the files for the purpose of reference, but not for any
other purpose without the consent of the House. (See
PETITIONS.)


All papers accompanying Senate bills are restored to seAnetfmrsnying
that body as soon as the bill passes the House, and
should the bill fail to pass the House, then at the close
of the Congress.]


PARLIAMENTARY- PRACTICE.


"The rules of parliamentary practice comprised in iTZ ffet r 8, nner'n
f


A


'


tte
efferson's Manual shall govern the.


House in all cases ; 1:.1,4,,en7.81tt:
which they are applicable, and in which they are not en i : ' : ZI. l'Itconsistent with the Standing Rules and Orders of the


. t Ouse and Joint Rules of the Senate and House of Rep-
_entative s."—Rule 144.


Withdrawal of.


B D-10




146 PATENTS, COMMITTEE ON—PAY OF MEMBERS, ETC.


PATENTS, COMMITTEE ON.


When appointed There shall be appointed, at the commencement of each
and number of. Congress, a Committee on Patents, to consist of five


members.—Rule 74.
Its duties, " It shall be the duty of the Committee ou Patents to


consider; all subjects relating to patents which may be
referred to them, and report their opinion thereon,
together with such propositions relative thereto as may
seem to them expedient."—Buie 95.


PAY OF MEMBERS.


(See COMPENSATION.)
PERSONAL EXPLANATION.


Member may While a member is occupying the floor he may yield it
yield floor for. to another for explanation of the pending measure, as


well as for personal explanation.—Journal, 1, 32, p. 324.
PERSONALITY.


Shall be avoided. Every member "shall confine himself to the question -
under debate, and avoid personality."—Rule 57.


(See also DEBATE and DISORDER.)
PETITIONS.


Shall pass free Petitions to either branch of Congress shall pass free
in the mails. in the mails.—Stat at Large, Vol. XII, p. 708.


now proonted "Members having petitions and memorials to present
and referred. may hand them to the Clerk, indorsing the same with


their names, and the reference or disposition to be made
thereof; and such petitions and memorials shall be
entered on the Journal, subject 'to the control anal
direction of the Speaker; and if any petition or memo-
rial be so handed in, which, in the judgment of the
Speaker, is , excluded by the rules, the same shall be
returned to the member from whom it was received."—
Buie 131.


n.Only reular is
prjiont, [There s now no other mode of' presenting petitionsmod, '


prescribed by the rules, the old rule for preseni . 111
Row ordered to the House having been rescinded December 12, 1833 ; and


be printed. when a member desires to have a petition printed, it can


PETITIONS. 147
only be done by unanimous consent, by a suspension of
the rules, or by submitting a resolution to that effect
when resolutions are .in order.]


MendIsto Court of
By the act of March 3, 1863, it is provided that all


re-What to be
petitions and bills praying or providing for the _satisfac-
tion 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, shall, unless otherwise
ordered by resolution of the House, be transmitted by
the Clerk, with all the accompanying documents, to the
Court of Claims.—Stat. at Large, Vol. XII, p. 765.


f &c.,Memorials, F[Memorials and resolutions from State legislatures 11.1e
can only be presented in order in the manner above pre- 'attires:ate


e.g.'s.
scribed for "petitions and memorials;" but when it is
desired to have them printed, unanimous consent there-
for is usually accorded.]


It is the practice under this rule to allow members to Withdrawal of
. withdraw from the files of the House petitions and other ferto alberotra.e:
Papers presented at former sessions, and refer them, as mince.


*in the case of new petitions; and, in order to have it
(lone, it is only necessary for the member to notify the
Clerk of his desire by written memorandum.


Where a member desires to withdraw papers from the Withdrawal for
re foroerneNoopSaertil:files for the purpose of reference in. the Senate, or to one ate


of the executive Departments, it is usual for the House to mut
give its unanimous consent whenever asked. But where Withdrawal to
the withdrawal is desired for the purpose of returning to iieotimie1r! peti-tp
the petitioner, the consent of the House is rarely given,


Aunless it is provided that copies be left on file. And in Wityrawa Isbalel iacl a(.ses of withdrawal, except for reference to one of gen"a Y.
its committees, the consent of the House must first


-


Where a member desires the fact of the presentation
se at


Wheerejirtember
of a petition by him under the 131st


_Rule to appear in ntion
t


parpe:
newspapers of the day, he should furnish the reporters 1;e%r. newspa.
Of such newspapers with a memorandum of the same;
otherwise, as the proceeding does not occur in open
house, no note will be taken of it.




118
PLURALITY—POSTMASTER.


Petition part of [Petitions, &c., thus presented, are, as required by the
Journal not read
in House. rule, entered on the Journal, but that portion of the


Journal is never read in the House.]
Name of mere. " The name of the member who presents a petition or


her N on Zig. memorial shall be inserted on the Journal."—Rule 32.
nal.
Undisposed of at "All business before committees of the House at the
end of one session
to be resumed the end of one session shall be resumed at the commencement
next. of the next session of the same Congress, as if no adjourn.


ment had taken place."—Rule 136.
PLURALITY.


second ballot for ,
members of sunless otherwise specially directed by the House, iu
Shall prevail on "All committees shall be appointed by the Speaker


committee. which case they shall be appointed by ballot; and if upon
such ballot the number required shall not be elected
by a majority of the votes given, the House shall proceed
to a second ballot, iu which a plurality of votes shall
prevail," &c.—Rule 67.


[This is the only case, under the rules, where a plurality
of votes may prevail ; and as the appointment of commit-
tees by the Speaker is almost universally conceded, it


Election of eau very rarely occur. There have been two occasions,
however, where, Prior to the adoption of the rules, theSpeaker by.
election of Speaker has been effected by a plurality vote.
But in both instances a resolution providing for such
election by a plurality Was first adopted by a majority
of votes, and afterwards it was declared by a majority
vote that the person who received such plurality was
duly elected.—Journals, 1, 31, pp. 156, 163; 1, 34, pp.
429, 430, 444.]


POINTS OF ORDER.


(See APPEAL and ORDER.)
POSTMASTER.


Election of, There shall be elected at the commencement of each
term of office,
official oath. Congress, to continue in office until his successor Is ap-


pointed, a postmaster, who shall take an oath "for the
true .and faithful discharge of the duties of his office, to
the best of his knowledge and abilities, and to keep 00


POST OFFICE AND POST ROADS, COMMITTEE ON, ETC. 149


be the approval of the Speaker.—Rule 10.
secrets of the House;" his appointees shall be subject to Appointee.s of.


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


The Postmaster shall superintend the post office kept Duty of.
in the Capitol for the accommodation of the members.—
Rule 28.


By the act of 2d session 41st Congress, p.365, it is made t(gr!!fin6tolc4g:
his duty to make out a full and complete account of all nwla MulrlY
the property belonging to the Government in his posses- his possesion.
lion on the first day of each regular session, and at the
expiration of his term of service.


[The Postmaster, with the aid of his assistants, mes- Other duties of.
s•ngers, &c., delivers promptly, upon the arrival of the
mails, all mail matter received for members, either at his
office or at their lodgings; also delivers at themcei bie)orsst;
office all mail matter deposited in his office by
lie also delivers at their lodgings all books ordered from
the library by members, &c., &c.]


POST OFFICE AND POST ROADS, COMMITTEE ON THE.


There shall be appointed, at the commencement of each When appointed,
Congress, a Committee on the Post Office and Post Roads, and number of.
to consist of nine members.—Rule 74.


"It shall be the duty of the Committee on the Post Its duties.
Office and Post Roads to take into consideration all such
petitions and matters or things touching the post office
and post roads as shall be presented, or shall come in
question, and be referred to them by the House; and to
report their opinion thereon, together with such propo-
sitions relative thereto as to them shall seem expedi-
ent."—Bule 81.


POSTPONE, MOTION TO.
"eWivelht ite ta inquestion is under debate, no motion shall be Order which


to adjourn,


question on, to be
r c


indefinitely;


put.


to lie on the table,
for the previous question,
to postpone to a day certain,
to


post
commit


pone
or amend,


t




150 POST ROUTES—PREAMBLE.


Not to be re- which several motions shall have precedence in the order
lel;tea(ni d °ant sefice i n which they are arranged; and no motion to postpone
stage. to a day certain, to commit, or to postpone indefinitely,


being deckled, shall be again allowed on the same day
and at the same staged the bill or proposition."—Rn 49.


When postponed "When a question is postponed indefinitely, the siune
indefinitely, not
to be taken up shall not be acted upon again during the session
during session. 142.
Of order of bust. "The order of business, as established by the rules,
nem requires
two-thirds vote. shall not be postponed or changed, except by a vote of


at least two-thirds of the members present."—Rule 145.
Debate on. [The motion to postpone to a day certain, under the


practice, admits of but a very limited debate; but on a
motion to postpone indefinitely the whole question is


Subject post- open to debate. When the consideration of a subject is
,mod, when to a particular day, upon the arrival of that.


day it is entitled to betaken up, provided no question of
privilege or other question of 1 f i gher dignity be taken up.


Reports of corn- In the case of a report of a committee postponed to a day
minces p o s t,


when con- certain and a failure to consider Won that day, it becomes
sidered.


a report undisposed of, to be first considered when reports
are in order. And where two or more reports are post-
poned to different days and are not reached on those days,
they are to be considered in the order of the times to
which they were postponed.]


Effect of previ- The effect of the previous question, if a motion to post-
ens question
where motion to pone is pending, shall be to bring the House to a vote
postpone is pend-
ing. upon such motion.—Rule 132.


POST ROUTES.


Bills for, not to A motion for leave to introduce a bill for the estab-b. introduced un-
der the ride. lishment or change of post routes and all propositions


relating thereto, shall be referred under the rule, like pe-
titions and other papers, to the appropriate committee. —
Rule 115.


PREAMBLE.


Postponed until "When a bill is taken up in committee, or on its second
other parts of bill
are gone through. reading, they postpone the preamble till the other parts


of the bill are gone through. The reason is, that on con-


PRESIDENT OF THE UNITED STATES.
151


sideration of the body of the bill, such alterations may
therein be made as may also occasion the alteration of
the preamble."—Manual, p. 90.




By Rule 107, in the consideration of bills committed to rn Committee of
a Committee of the Whole House, the preamble is left Cigsiltat lest
to be last considered.


[In the case of a resolution with a preamble, there isiAtwhatpartim
no difficulty as to the time at which the preamble is to to beeteaLiTerebe
be considered, nor in any case in Committee of the
Whole; but in the House, in the case of a bill with a
preamble, there is some uncertainty as to the particular
stage in which the bill must be when it is proper to con-
sider the preamble. It would seem that it might appro-
priately 'be done after the bill has been ordered to be
engrossed and read a third time, and before the third
reading takes place. By this course the bill can be
engrossed either with or without the preamble, as file
House shall have determined. But where a separate
vote on the. preamble is not asked for before the bill is
read a third time, the preamble is considered as adopted.]


The preamble is not covered by the previous question Subject to a sep-
ordered upon the passage of the resolution, but is itself g- aetvio(ul qaVe es
subject to a separate demand of the previous question.
Journal, 1, 34, p. 1217.


PRESIDENT OF THE UNITED STATES.


"He shall from time to time give to the Congress Shall give in-
formationto Con-information of the state of the Union, and recommend gross.


to their consideration such measures as he shall judge
necessary and expedient ; he may, ou extraordinary May convene
occasions, convene both houses, or either of them, and, Congre".
ill case of disagreement between them with respect to May adjourn
the time of adjournment, he may adjourn them to such ociP="
'time as he shall think proper."—Const., 2, 2, p. 18.


" Every bill which shall have passed the House of Bills after pas
Representatives and the Senate shall, before it becomes w eb e °I:re:-
law, be presented


to
the President of the United States;


a iBs'oMerto .


if he approve, he shall sign it; but if not, he shall return railispo


rs


it, with his objections, to that house in which it shall t
have originated. * * * * If any bill shall not be


LIOD.




152 PRESIDENT OF THE UNITED STATES. PRESIDENT OF THE UNITED STATES.
153


. Must boreturnea returned by the President within ten days (Sundaysin ten days.
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."—Coast.,


Joint orders, 1, 7, 10. There is a similar provision iii regard to "every
resolutions, an d
votes. order, resolution, or vote to which the concurrence of the


Senate and House of Representatives may be necessary,
(except on a question of adjourument.")—Thid.,pp. 10, 11.


Where he fails Where a House bill is allowed to become a law by the
to return a bill. failure of the President to return it, it is usual for him


to notify the House of that
•act.—Journa/s, 2, 36, pp. 424,


480; Stat. at Large, Vol. XII, pp. 893, 898 ; journals, 2,
Where he ap- 39, p. 479, [and so also where he approves a- bill, giving


proves" bill.
also the date of approval.] Messages from the President
giving notice of bills approved shall be reported forth-
with from the Clerk's desk.-1?ule 158. And when an
act has been approved by the President, the usual
number of copies shall be printed for the use of the
House.—Rule 157.


Whore prevent. Where the President is prevented by adjournment
,T,Ienit'Yfi„T"';',': from. returning a bill with his objections, it is usual for
turning 3 bill him at the next session to communicate to the houseirith his objec-
tions. where it originated his reasons for not approving it.—


Journals, 2, 12, p. 544 ; 1, 30, p. 82 ; 2, 35,p. 151.
(See VETo.)


Mils to bo en- By Joint Rule 6 it is provided that, before a bill which
rag:gore pre- shall have originated in the House is presented to the


President, " it shall be duly enrolled on parchment by
the Clerk of the House of Representatives."


Committee pre- Having been examined and signed by the Speaker and
sent bias to. presiding officer of the•Senate, the bill shall be presented


by the Joint Committee on Enrolled Bills to the Presi-
dent for his approbation, and shall be entered on thd


Time of pie- Journal of each house. The said committee . shall reportgestation to, tobo reported, Sze. the day of presentation to the President ; which time
shall also be carefully entered on the Journal of each
house.—Joint Rule 9.


No bill to be ire- "No bill or resolution that shall have passed the
gIrVZi st House of Representatives and the Senate shall be pre-


sented to the President of the United States for his ap-
probation on the last day of the session."—Joint Rule 17.
[This Joint Rule is necessarily suspended near the close,
of every session.]


"When the Senate and House of Representatives shall Joint address to.
judge it proper to make a. joint address to the President,
it shall be presented to him in his audience-chamber by
the President of the Senate, in the presence of the
Speaker and both houses."—Joiat Rule 11.


"A proposition requesting information from the Pres- Calls for orm-inf
idea of the United States, even where reported from a adieu from.
committee—Journal, 1, 31, p. 723—shall lie on the table
one day for consideration, unless otherwise ordered by
the unanimous consent of the House ; and all such pro-
positions shall be taken up for consideration in the order
they were presented immediately after reports a-re called
for from select committees, and when adopted, the Clerk To be deliveredby the Clerk.
shall cause the same to be delivered."—Rule 53.


[The form of resolution contein plated by this rule, as Form of call on.
sanctioned by long usage, is : "Resolved, That the Presi-
dent of the United States be requested to inform (or
communicate to) this House, if not incompatible with
the public interest," &c.]


(See MESSAGES FROM THE PRESIDENT.)
Art. 12, Amendments to the Coast., requires that the cer- coOprnint f figt ificate of electoral votes in the respective States for for.


President and Vice-President shall be - opened by the
President of the Senate in the presence of the Senate
and House of Representatives, and the votes shall then
be counted. And by the act of March 1, 1792—Stat. at To be opened
Large, Vol. I, p. 239—COngress is required tO be in ses,:lirt`dn'eT
lion on the second Wednesday in February succeeding day in Febritary.
the meeting of the electors, and said certificates shall
then be opened and the votes counted.


"The two houses shall assemble in the hail of the Examination of
votes,-


House of Representatives at the hour of one o'clock p, elec total


in. on the second Wednesday in February next succeed-
ing the meeting of the electors of President and Vice-
President of the United States, and the President of the
Senate shall be their presiding officer; one teller shall




154 PRESIDENT OF THE UNITED STATES.


be appointed on the part of the Senate, and two on the
part of the house of Representatives, to whom shall be
handed, as they are opened by the President of the
Senate, the certikates of the electoral votes; and said
tellers, having read the same in the presence and hearing
of the two houses thus assembled, shall make a list of
the votes as they shall appear from the said certificate;
and the votes having been counted, the result of the same
shall be delivered to the President of the Senate, who
shall thereupon announce the state of the vote and the
names of the persons, if any, elected, which announce-
ment shall be deemed a sufficient declaration of the
persons elected President and Vice-President of the
United States, and, together with a list of the votes, be
entered on the Journal of the two houses.


"If, upon the reading of any such certificate by the
tellers, any question shall arise in regard to counting the
votes therein certified, the same having been stated by the
presiding officer, the Senate shall thereupon withdraw,
and said question shall be submitted • to that body for its
decision ; and the Speaker of the House of Representa-
tives shall, in like manner, submit said question to the
House of Representatives for its decision. And- no
questions shall be decided affirmatively, and no vote
objected to shall be counted, except by the concurrent
votes of the two houses; which being obtained, the two
houses shall immediately reassemble, and the presiding
officer shall then announce the decision of the question
submitted; and upon any , such question there shall be
no debate in either house. Any other question pertinent
to the object for which the two houses are assembled may
be submitted and determined in like manner.


"At such joint meeting of the two houses seats shall be
provided as follows: for the President of the Senate the
'Speaker's chair;' for the Speaker a chair immediately
upon his left; for the Senators, in the body of the
upon the right of the presiding officer ; for the Represen t


-atives, in the body of the hall not occupied by the Sena-
tors; for the tellers, Secretary of the Senate, and Clerk
of the House of Representatives, at the Clerk's desk; tor


PRESIDENT OF THE UNITED STATES.
155


the other officers of the two houses, in front of the
Clerk's desk and upon either side of the Speaker's
platform.


'Such joint meeting shall not be dissolved until the
electoral votes are all counted and the result declared ;
and no recess shall be taken unless a question shall have
arisen in regard to counting any of such votes, in which
ease it shall be competent for either house, acting sepa-
rately in the manner hereinbefore provided, to direct a
recess not beyond the next clay, at the hour of one
o'clock p. Rule 22.


[After the declaration of the persons elected President Committee
and Vice-President, a joint committee, consisting of1;;ieuiteeleltitoomnotify
two members of the House and one Senator, are ap-
pointed to wait on the persons elected and inform them
thereof.]


It is further provided by the 12th Article of Amend-
choice of


nwnt to Cont., that if no person have a majority of the shall
Ile(tetsNee. eon


electoral votes for President, "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 votes, how ta•
shall be taken by States, the representation from each],
State having one vote; a quorum for this purpose shall Quorum.
consist of a member or members from two-thirds of the
States, and a majority of all the States shall be neces-
sary to a choice. And if the House of Representatives Tf House does


=Wit°.shall not choose a President, whenever the right of Tot
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."


[In anticipation of the choice of President devolving Rules of the1 111011 it, the House of Representatives of the 2d session Tett& oil!
Eighteenth Congress adopted a set of ivies for its gov-
ernment in said electiou.—Journal„ 2, 18, pp. 212 to 215.
For the subsequent proceedings of the House in conduct-
ing said election, see same Journal, Pp. 220, 221, 222.]


the




156 PREVIOUS QUESTION.
PREVIOUS QUESTION.


Order in which " When a qnestion is under debate, no motion shall
motion for, to bo
put. be received but


to adjourn,
to lie on the table,
fir the previous question,
to postpone to a day certain,
to commit or amend,
to postpone indefinitely ;


which several motions shall have precedence in the order .
in which they are arrauged."—Rule 42.


Form of. The previous question shall be in this form : " Shall
Must be second. the main question be now put?" It shall only be ad-


ed by a majority. mitted when demanded by a majority of the members
its effects. present; and its effect shall be to put au end to all de-


bate, (except that the member reporting the measure
wider consideration may close the debate—Journal, 1,
31, p. 1056—and the every-day practice since,) and to
bring the House to a direct vote upon a motion to com-
mit, if such motion shall have been made; and if this
motion does not prevail, then upon amendments reported
by a coin niittee, if any; then upon pending amendments,
and then upon the main question. But its only effect,
if a motion to postpone is pending, shall be to bring the
House to a vote upon such motion. Whenever the
House shall refuse to order the main question, the con-
sideration of the subject shall be resumed as though no


May operate motion for the previous question had been made. The
upna a p only. Ja0t1SO maending amet y also, at any time, on motion seconded by ad


majority of the members present, close all debate upon a
pending amendment, or an amendment thereto, and
cause the question to be put thereon ; and this shall not
PrecludeCall of the Rome Pr any further amendment or debate upon


the


not in order after
, unlessbill. A call of the House shall not be in order after thesy a


eniconorunt Pres- previous question is seconded, unless it shall appear,
upon an actual count by the Speaker, that no quorum
is present.—Rule 132.


Eight of mem- The right of the member reporting the pending mea
s -


her reporting not
affected by order tire to close the debate is never denied him, even after
of.


PREVIOUS QUESTION.
157




the previous question is ordered.—Journal, 1, 31, p.
1056.


[But after having occupied part of his hour in clos-
ing the debate, he moves the previous question, he is
then only entitled to occupy the floor for the remaining
portion of the hour.]


"Oil a previous question there shall be no debate. No debationon,
All incidental questions of order arising after a motion In ttre:t7ol: col: tor!
is made for the previous question, and pending such r.
motion, shall be decided, whether on appeal or other-
wise, without debate."—kuk 133.


It is in order, pending the demand for the previous Reconsideration
cote


it Precedingquestion on the passage of a bill, to move a reconsidera- f
Lendingtion of the vote on its engrossment—Journal, 2, 27, 1-


1175. [But such motion is not debatable under the prac-
tice which has prevailed for many years.]


The yeas and nays cannot be taken on seconding the No yeas and nays
demand for the previous question.—Journal, 2, 19, p. 493. on neon 1 ng.


The effect of a negative vote on the question, " Shall Effect of nega-
the main question be now put?" is to cause the House (ign Ntilo to moart;
to resume the consideration of the subject as though no qu t
motion for the previous question had been made.—Rule-
132.


A member is not debarred from moving the previous Member who
Jquestion because he has spoken once.ournal, 1, 24, p.


I,


1401.


laniarrynd3OvseP.


Where a vote taken under the operation of the pre- txereoarvgo
ViOUS question is reconsidered, the question is then operati


o
n of, is


divested of the previous question, and is open to debate reconsidered.
and amendment.—Journal, 1, 27, p. 129; 1, 33, p. 127.
[These decisions apply only to cases where the previous
question was fully exhausted, by votes taken. on all the
q uestions covered by it, before the motion to reconsider
was made. In any other case the pendency of the pre-
vious question would preclude debate.]


"It is not in order to move a reconsideration of the Not in order to
vote on ordering the main question when it is partly ex-Ipearci7CerCi‘IVr.
ecuted."—Journa/, 1, 31, pp. 1101, 1398.


The previous question may be moved on a resolution May be moved
submitted under a call of the States, and thus prevent r°e"snolrgroilli"C"




158 PRINTING, PUBLIC.
the debate which, under the rules, requires it to lie Over.


• -Journal, 1, 26, p. 1067 ; 1, 27, p. 429; 1, 30, p. 326.
Is exhausted by • The previou§ question is exhausted by au affirmative


an affirmative
votoon reference. vote on a motion to refer, and upon a reconsideration of


said vote the question stands divested of the previous
question.-Journal, 3, 34, p. 452.


Motion to recom- After the previous question is ordered, it is not in
mit not in order ,
after ordered. ord er entertain a motion to recommit-Journal, 1, 29,


p. 643.
Motion for, can- A motion for the previous question cannot be laid on


not be laid on
table. the table.-Journal, 2, 29, p. 252.


Does not cutoff The previous question has not the effect of cutting off
instructions. instructions previously moved in connection with a mo-


tion to commit.-Journal, 1, 31, p. 1394.
Effect of, on [Under the practice of the House, if a question of


17;1!°01iioict'it' o rg: order or a motion to reconsider is pending when the pre-
con


s
sider


one `,ions, and totp. `, s question is moved, when ordered it applies only to
them, and is exhausted with the vote upon them ; so,
too, by the express language of Rule 132, in the case of
a motion to postpone.] •


No modification After the previous question has been seconded, it
after second of. is not competent for the mover to modify his proposition.


urnat, 1, 31,p. 1397. [Nor, according to the practice,Nor Withdrawal. -Jo
can lie withdraw it after a second ;] but he may withdraw
it while the House is dividing on the question of a second.
-Journal, 2, 29, p. 241.


May be moved It is competent for a member to submit a resolution,
a„7,Toientti:,"„7" and at the same time move the previous question there-


on.-Journal, 1, 28,p. 558.
Applies to Ties- The previous question applies to a question of privi-


tions of privilege. lege equally with any other question.-Journal, 2, 27,
pp. 573, 576 ; 1, 28, p. 882.


After second, [After the previous question has been seconded upon
into Committee a pending proposition, it is not then in order to enter-not in order to go
of the Whole. thin the motion to go into Committee of the Whole.]


PRINTING, PUBLIC.


Superintendent The Superintendent of Public Printing is directed, 1)5
to have executed. the joint resolution of June 23, 1860, to have executed


the printing and binding authorized by the Senate and


PRINTING, PUBLIC.


House, the executive and judicial Departments, and the
Court of Claims. He is also required to take charge of,
and is held responsible for, all manuscripts and .


other
matter to be printed, engraved, or lithographed, and
cause the same to be promptly executed. On and after To be promptly
March 4, 1861, all the printing and binding, and all executed.


. blank books ordered by Congress, or by either house of
Congress, shall be done and executed under said Super-
intendent; but no printing or binding other than that t No nee o tot% till
ordered by Congress or the heads of Departments, as IceGovernment
aforesaid, shall be executed in his office. It shall be the siStierintendel
duty of said Superintendent to receive from the Clerk deliver worl;'.an
of the House all matter ordered by the House to be
printed or bound, and, when the same is executed, see
that the volumes or sheets are promptly delivered to the
officer authorized to receive the same, whose receipt
therefor shall be a• sufficient voucher by the Superin-
tendent of their delivery.


Whenever any maps, charts, diagrams, views, or other pErongievdi
"gut3dirr


engraving shall be required to illustrate any document the direction of
said committee.


ordered to be printed by either house of Congress, such
engraving shall be procured by the Superintendent of
Printing, under the direction and supervision of the Com-
mittee on Printing of the house ordering the same.


The condition of the printing, binding, and engraving, CZ't!me&:°Vigt
the amount and cost of paper, printing, binding, &c., a gr


ve
m,srted to Con.


statement of the bids for materials, and other informa-
tion in regard to the matters connected therewith, shall
be reported to Congress on the first day of each session,
or as soon as may be thereafter, by the Superintend-
ent-Stat. at Large, Vol. XXII, pp. 117, 118, 119, 120.


Where extra copies of documents of the size of 250 What c x t r adocuments to bePages and upwards are ordered to be printed, they shall bound.
be bound as directed by the Committee on Printing on
the part of the House, at a cost not to exceed 12i cents
Per volume.-Stat. at Large, Vol. X, p. 190. In no caseio) ttO'N
shall more than 1,550 copies of any document be printed, p'r inted.P
unless extra copies be ordered; and the said regular now distributed.
number (1,550) shall be distributed by the officers of the
house first ordering the printing of the same, to the same


159 •




160 PRINTING-, PUBLIC.
persons and in the same manner as such numbers here-
tofore ordered by both houses have been distributed.—
Stat. at Large, ,Vol. XI, p. 422.


Motions to print All motions to print extra copies of any bill, report ,
extra copies. or other document, shall be referred to the members of


the Committee on Printing from the house in which the
same may be made.—Stat. at Large, Vol. X, p. 34.


Of 'extra dom. All propositions originating in either house for print-
ments, the cost
of which exceeds ing extra copies of public documents, the cost of which


shall exceed $500, shall be by concurrent resolution,
and all such resolutions shall upon their transmission
from either house be immediately referred to the Com-
mittee on Printing of the house to which they are sent.—
Laws 2d Sess. 41st p. 233.


Bills passed in "When bills which have passed one house are ordered
one house, and r
ordered to be to be printed in the other, a greater number of copies
printed in the
other,






shall not be printed than may be necessary for the use
of the house making the order."--joint Rule 18.


At what stage [The usual stage at which House bills are ordered to
]louse bills tux:
usually printed. VC printed is upon their report from a committee and


their commitment to a Committee of the Whole.]
Mans not to be "Maps accompanying documents shall not be printedprinted without


special order. Under the general order to print, without the special
direction of the House."—Rule 139.


Superintendent By the joint resolution of March 3, 1863, it is pro-
to bo isb cod


,of that instead of furnishing manuscript copies towith copies
',1„`Ing,e,t., "tre: each house of Congress, the heads of the several Depart-
CasarnieKnisd.8 of meuts of Government be required to furnish the Super-intendent of Public Printing with copies of the docu-


ments usually accompanying their annual reports, on or
before the first day of November of each year; whose


Number to be duty it shall be to print, in addition to the number now
IV; Ili slea tacn w toe nrrequired by law, two thousand copies for the use of the
to be delivered. Senate, and five thousand for the use of the House, in


volumes (bound in the usual manner) of convenient size,
and to deliver the same to the proper officers of each
house, respectively, on or before the third Monday in
December of each year.


Statement of The Secretary of the Treasury is required to furnish
imports and ex-


, when to be to the Superintendent of Public Printing, on or beforert


PRINTING, PUBLIC.


November 1st of each year, a condensed statement of
exports and imports, who shall print and bind as soon
thereafter as practicable the usual number (1,550) for
the two houses, three hundred for the Treasury Depart-
ment, two thousand for the Senate, and six thousand
one hundred and fifty for the use of the members of the
House.
.


form and style in which the printing ordered by Form and style
either house of Congress shall be executed, and the sizes, be udie) teerrinmtiennet
of type to be used, shall be determined by the Superin- out'
tendent of Public Printing, having proper' regard to
economy and workinanship.—St«t. at Large, Vol. VIII,
pp. 825, 826.


(See PUBLIC DOCUMENTS, BILLS, PRINTING, COMMIT-
TEE ON.)


By the act of June 25, 1864, it is provided "that here- Heads of Do.
after, instead of furnishing manuscript copies of the doe- !:ean t,i tunlittenunsteciipt
tunents usually accompanying their annual reports to =flit Super.
each house of Congress, the heads of the several Depart-
ments of Government shall transmit them, or or before
the first day of November in each year, to the Superin-
tendent of Public Printing, who shall cause to be printed
the usual number, and, in addition thereto, one thousand
copies for the use of the Senate and two thousand copies
-for the use of the House of Representatives. And that
it shall be the duty of the Joint Committee on Printing
to appoint some competent person, who shall edit and
select such portions of the documents so placed in their
hands as shall, in the judgment of the committee, be
desirable for popular distribution, and to prepare an
alphabetical index to the same. (See Act of July 27,1866, post.)


"That it shall be the duty of the heads of the several when reports
Departments of Government to furnish the Superintend- to be furnished.
ent of Public Printing with copies of their respective
erealgrytsea7 on or before the third Monday in November in


"That it shall be the ditty of the Superintendent of preside/It's /nes.Public Printing to print the President's message the Ha amt, -
reports of the heads of Departments, and the abridge- tlieorn aonfI distritn-


le


161
an d


B D-11




162 PRINTING, PUBLIC.


went of accompanying documents prepared under the
direction of the Joint Committee of Public Printing, suit.
ably bound ; and that; in addition to the number now
required by law, and unless otherwise ordered by either
house of Congress, it shall be his duty to print ten thou-
sand copies of the same for the use of the Senate, and
twenty-five thousand copies for the use of the House,
and to deliver the same to the proper officer of each
house, respectively, on or before the third Wednesday
in December, following the assembling of Congress, or
as soon thereafter as practicable; mid further, it shall
also be the duty of the said Superintendent to cause to
be printed and stitched in paper covers twenty-five hun-
dred copies of the annual reports of the executive Depart-
ments for the use of said Departments, respectively; and
also one thousand copies of the reports of the Commis-
sioner of the General Land Office, Commissioner of Pen-
sions, Commissioner of the Internal Revenue, and such
number of the report of the Commissioner of Indian
Affairs, to be bound, not exceeding three thousand copies,
as may be directed by the Secretary of the Interior,
for their use, respectively ; and also five hundred copies
of the reports of the Superintendent of the Washington
Aqueduct, Architect of the Capitol Extension, Metro-
politan Police Board, Third Auditor of the Treasury,
and of the Insane Asylum, Columbian Institute, and
Commissioner of Public Buildings, respectively, for their
use; and one hundred copies of the report of the Bureau
of Engineers, for the use of said bureau, And he shall
not print any greater number of said reports unless
otherwise directed by either house of Congress.


Commercial Re- "That seven thousand copies of the
nsi


'Commercial Re a
l -
and dstri


numb
onbuti tions,' annually prepared under the direction of the Sec-tioer


of. rotary of State, be printed and distributed as follows,
viz : the usual number (one thousand five hundred and
fifty) for the houses of Congress, four hundred and fifty
for the State Department, two thousand for the use of
the members of the Senate, and three thousand for the
use of the members of the House.


PRINTING, PUBLIC.
163


compliance with the twenty-fourth and twenty-fifth sec-
tions of the act of Congress approved July 2, 1836, be
no longer printed, unless specially ordered by either .
house of Congress; and that such portion of the above-
mentioned act as authorized the said publication be, and
the same is hereby, repealed.


"That from and after the passage of this act it shall
so?leactrotZnalbe the duty of the Secretary of the Senate to furnish the frest=ws to


Superintendent of Public Printing with correct copies of distAnteil.
all laws and joint resolutions as soon as possible after
their approval by the President of the United States,
and that the Superintendent shall immediately cause to
be printed, separately, the usual number for the use of
the two houses of Congress; and in addition thereto, he
Shall cause to be printed and bound, at the close of each
session of Congress, three thousand copies thereof for
the use of the Senate, and ten thousand copies for the
use of the House, with a complete alphabetical index,
prepared under the direction of the Joint Committee on
Public Printing.


"That all lithographing and engraving, where the Lithographing
probable total cost of the maps or plates illustrating or and engraving.
accompanying any one work exceeds two hundred and
fifty dollars, shall be awarded to the lowest and best
bidder for the interests of the Government, due regard
being paid to the execution of the work, after due. adver-
tisement by the Superintendent of Public Printing,
under the direction of the Joint Committee on Printing:
Provided, That the Joint Committee on Public Printing
be authorized to empower the Superintendent of Public
Printing to make immediate contracts for engraving,
whenever, in their opinion, the exigencies of the public
service will not justify waiting for advertisement and
award."


By the act of July 12, 1870, (Laws, 2d Sess., 41st Cong., to f enveltaTset,8-
P. 2330 it is provided that hereafter no envelopes, letter hsnil, &e.:


pro.
or note sheets, for the use of Congress, &c., shall be u


-tinted from steel or copper-plate, or by lithographing.
"That whenever any person may desire extra copies Where extra


• 01' any document printed at the Government Printing 2).Nit,snCer.
sou.


Offers for carry- " That the annual report of the Postmaster General of
be printed with- offers received and contracts for conveying the mails, ining mails not to.
out special order.




164 PRINTING, PUBLIC.


Office by authority of law, -and shall notify the Superin-
tendent of Public Printing of the 11 umber of copies de-
sired previous to its being put to press, and shall pay,
in advance, the estimated cost thereof to said Superin-
tendent, the Superintendent shall be authorized, under
the direction of the Joint Committee.on Public Printing,
to furnish such extra copies; and the money so received,
together with moneys received by him from the sales of
paper shavings and imperfections, shall be deposited in
the Treasury of the United States to the credit of the
appropriations for public printing, binding, and paper,
respectively, as designated by said Superintendent; and,
further, the Secretary of the Treasury is hereby directed
to cause, he moneys heretofore deposited by said Super-
intendent in the Treasury of the United States, being the
proceeds of sales of paper shavings and imperfections,
to be placed to the credit of the appropriations afore-
said, which said several stuns of money shall be subject
to the requisition of said Superintendent in the manner
now prescribed by law.


Papers relating "That whenever papers relating to foreign affairs shall
to foreign affairs. be communicated to Congress accompanying the annual


message of the President, it shall be the duty of the
Superintendent of Public Printing to cause to be printed
and bound, in addition to the usual number, four thou-
sand copies for the use of the members of the Senate,
seven thousand copies for the use of the members of the
House of Representatives, and such number for the
Executive Department as the President shall direct.
(See Act of July 27, 1866, post.)


Form and style "That the forms and style in which the printing or


gl
inign


!
ing and binding ordered by auy of the Departments shall be exe-


cuted, the materials and size of type to be used, shall be
determined by the Superintendent of Public Printing,
having proper regard to economy, workmanship, and
the purposes for which the work is needed.


"That all laws or parts of laws, joint resolutions or
parts of joint resolutions, conflicting with the above Pr°:
visions, be, and they are hereby, repealed."—Stat. at
Large, Vol. XIII, pp. 181, 185, 186.


PRINTING, PUBLIC.
165


e


By the act of March 14, 1864, it is provided that DO To be done o h.
printing or binding shall be done, or blank books pro- on written ord r.
cured, for the House except on the written order of the
Clerk.—Stat. at Large, Vol. XIII, p. 25.


By the joint resolution of February 3, 1864, it is pro- billsNumber of
videci that seven hundred copies of every bill or joint to be printed.
resolution ordered to be Printed shall be furnished,
unless some other number be specially required.—Stat.
at Large, Vol. XIII, p. 402.


By the joint resolution of February 14, 1865, it is pro- Congressional i r
tided that the Congressional Directory shall be com-
piled under the direction of the Joint Committee on
Public Printing, and published by the Superintendent
of Public Printing, the first edition of each session to
be ready for distribution within one week after the com-
mencement thereof.—Stat. at Large, Vol. XIII, p. 568.




.A reportsnnualBy the act of July 27, 1866, it is provided "that here-




e itsi.ve De.after it shall be the duty of the Superintendent of PriblicioNtirttxnegt
Printing, in place of the reports of the executive Depart-
ments ordered by the act of June 25, 1864, to cause to
be printed and bound twenty-five hundred copies of the
annual reports of the executive Departments, with such
accompanying documents as the heads of those Depart-
ments may respectively select, but not to exceed three
hundred pages, for the use of said Departments respect-
ively.


Whenever papers relating to foreign affairs shall be Papers relating
to foreign Whirs.communicated to Congress, accompanying the annual


message of the President, it shall be the duty of the
Superintendent of Public Printing to cause to be printed
and bound, in addition to the usual number, two thou-
sand copies for the use of the members of the Senate,
four thousand copies for the use of the House, and two
thousand five hundred copies for the use of the State
Department, in place of the numbers ordered by the act
of June 25, 1864.
- In the publication of the report of the Secretary of Report of the


• the _Navy, the detailed statement of the offers for supplies %evry.arY of the
and of articles embraced in each class under contract shall
be omitted, and in lien thereof the Secretary of the Navy




166 PRINTING, PUBLIC.


shall prepare and submit with his report a schedule
embracing the offers by classes, indicating such as have
been accepted.


It shall be the duty of the Superintendent of Public
e submitted.


t
o Printing, at the commencement of each session of Con-
gress, to submit to the Joint Committee on Printing
estimates of the quantity of paper of all descriptions
which will, in his opinion, be required for the execution
of the public printing during the coming year. The


Joint Committee Joint Committee on Printing shall then fix upon a
to fix standard of
paper. standard of paper for the different descriptions of con-


gressional and executive printing, and it g d' be the
duty of the Superintendent of Public Printing, raider
the direction of the Joint Committee on Printing, to


Advertisements advertise in only two newspapers published in each offor proposals for the cities of New York, Cincinnati, Boston, Philadelphia.,impel%
Baltimore, and Washington, for sealed proposals to fur-
nish the Government of the United States with paper,
of the quality and in the quantity specified in the adver-
tisements, and it shall be the duty of the Superintendent
to furnish samples of the standard papers adopted by
the committee to applicants therefor ; the. said sealed


Contracts to be proposals to be opened before, and the award of con-
awarded by Joint
Committee. tracts to be made by, the Joint Committee on Printing,


to the lowest and best bidder for the interest of the Gov-
ernment: Provided, That the advertisement for sealed
proposals for furnishing paper shall designate the mini-
mum portion of each particular quality of paper required
for either three months, six months, or one year, as the
Joint Committee on Printing may determine; but when
the minimum portion so specified shall exceed in any
case one thousand reams, the advertisement shall state .
that proposals will be received for one thousand reams
or more : And provided further, That no proposals shall
be considered by the Joint Committee on Printing unless
Accompanied by satisfactory evidence that the person
or persons making said proposals are manufacturers of or
dealers in the description of paper which they proPoe
to furnish: And provided further, That in awarding con-
tracts an equitable period of time for filling the same


PRINTING, PUBLIC.


shall be designated and allowed by the Joint Committee
on Printing, without whose approval no contract shall
be valid : And provided further, That it shall be the duty
of the Superintendent of Public Printing to include in
his annual report to Congress a detailed statement of all
proposals made and contracts entered into for the pur-
chase of paper.


It shall be the duty of.
the Superintendent of Public


. ntDenti otf Super.
onPrinting to compare every lot of paper delivered by any livery of paper"


contractor with the standard of quality, and also to see
that it is of the weight contracted for, and to refuse to
accept any paper from any contractor which does not
conform to the standard of quality and is not of the stip-
ulated weight. And in case of difference of opinion
between the Superintendent of Public Printing and any
contractor for paper with respect to its quality, the matter
of difference shall be determined by the Joint Committee
on Printing: Provided, That in default of any contractor 1171,1:g:rotor
to comply with his contract in tarnishing the paper con-
tracted for in the proper time, and of proper quality
and weight, it shall be the duty of the Superintendent of
Public Printing to report the same to the Joint Com-
mittee on Printing, if Congress is in session, or to the
Secretary of the Interior, if during a recess of Congress,
and he shall, under the direction of the Joint Committee
on Printing, or of the Secretary of the Interior, as the case
may be, enter into a new contract with the lowest and best
bidder for the interest• of the Government, among those
whose proposals were rejected at the last opening of bids,
or advertise for new proposals under the regulations
before established ; and during the interval which may
thus be created, he shall, under the direction of the Joint
Committee on Printing, or of the Secretary of the Inte-
rior, as above provided, purchase in open market, at the
lowest market price, all such paper necessary for the
public service. For any increase of cost to the Govern-
ment in procuring a supply of paper for the use of the
Government, the contractor or contractors iu default, and
his or their securities, shall be charged with and held re-
sponsible for the same, and shall be prosecuted upon their


167




168 PRINTING, PUBLIC.


Wild by the Solicitor of the Treasury, in the name of the
United States, in the circuit court of the United States
in the district in which the defaulting contractor resides;
and to enable the Solicitor to do so, it shall be the duty
of the Superintendent of Public Printing to report to
him the default on its happening, with a full statement
of all the facts in the case: And provided further, That
the Joint Committee on Public Printing, or, during the
recess of Congress, the Secretary of the Interior, be
authorized to empower the Superintendent of Public
Printing to make purchases of paper in open market at
the lowest market price, whenever, in their opinion, the
quantity is so small, or the want is so immediate, as not to
justify advertisement for an award of contract therefor.


No greater num. “All laws or parts of laws, joint resolutions or parts of
her of


resolutions conflicting with the above provisions, be, and
otherwise direct-
ed. they are hereby, repealed; nor shall the Superintendent


of Public Printing print any greater number of the re-
ports herein named, unless otherwise directed by . either
house of Congress."--8m. Laws, 2,, 39, pp. 315, 316.


Report of the By the joint resolution of December 20, 1867, (Sess.
Postmaster Gen-
eral. Laws, p. 309,) it is provided that hereafter it shall be the


duty of the Congressional Printer to cause to be printed
and bound three thousand copies of the report of the
Postmaster General, instead of twenty-five hundred
copies, as Provided by the act approved July 27, 1866,
and that so much of that act as conflicts with the above
provision be, and is hereby, repealed; and this resolution
shall apply to the report for the present year.


Office of Con . By the act of February 22, 1867, provision is made forgressional Print-
er created. and the election of a Congressional Printer by the Senate,
that of SuperM-
ten dent abol. upon whom are imposed the duties heretofore required
shed. of the Superintendent of Public Printing, and the latter


office is thereby abolished.—Stat. at Large, 2, 39,pp. 398,
399.


Order by the By the act of March 2, 1867, it is provided that all
executive Depart-
ments. printing of any kind ordered by the executive Depar t-


ments shall be executed by the Government Printer,
when practicable; and if not, at such office as may be
designated by the Clerk of the House of Representatives,


PRINTING, JOINT COMMITTEE ON.


at rates not exceeding the current rates for such print-
ing.—Stat. at Large, 2, 39, p. 467. (See also CLERIC OF
THE HOUSE,)


By the act of July 20, 1868, (Sess. Laws, 2, 40, p. 83,) fl
n P


eole Mart-
toit is provided that all necessary letter-press printing ad Governm°enut


book-bindi
n


g, in all the Departments and Bureaus, shall offi ce.
* be done and executed at the Government Printing Office,


except registered bonds and written records, which may
be bound as heretofore at the. Departments.


By the act of March 3, 1869, (Sess. Laws, 3, 40, p. 26,) bNo oarnw:itiot;?it is provided that all payments for public printing and where not done
at Governmentbinding not done at the Government Printing Office Office.


according to the provisions of the act of July 20, 1868,


shall not be allowed by the accounting officers, and
that no proposition for printing extra copies, time expense eRoxdtra copies oxi
of which shall exceed the sum of $500, shall be con- S500, inst. be or-
sidered by either house until the same shall have been re( ligesztclicipoticlur.
referred to the Joint Committee on Printing, and ordered
by concurrent resolution of the two houses.


PRINTING, JOINT COMMITTEE ON.


"A committee, consisting of three members of the To be appointed.
Senate and three members of the House of Representa-
tives, shall be appointed by the President of the Senate
and Speaker of the House, to be called the Joint Com-
mittee on the Public Printing. The said committee shall
pass upon the accounts of the Superintendent of the
Public Printing. Said committee shall have power to Power and du.
adopt such measures as may be deemed necessary to ties of.
remedy any neglect or delay in the execution of the
public printing: Provided, That no contract, agreement,
or arrangement entered into by this committee, shall take
effect until the same shall have been approved by that
house of Congress to which the printing belongs, and,
when the printing delayed relates to the business of
both houses, until both houses shall have approved of
such contract or arrangement. All motions to print Motionsto print
extra copies of any bill, report, or other document, shall ?e1=2OTIO=
be referred to the members of the Committee ou Printing members of.


169




170 PRINTING, JOINT COMMITTEE ON.


from the house in which the same may be made."—Suet.
at Large, Vol. X, p. 34.


Maycausesheets They may cause the printed sheets for the finer de-
to Logy-pressed.


scription of books authorized to be printed by either
house to be dry-pressed before being bound, the cost not
to exceed the sum of 50 cents per ream, medium.—Ibid.,
p. 645.


Rouse members The committee on the part of the House may direct
may direct bind-
ing of certain ox- the binding of extra copies of documents, the size of
tra documents.


which shall not be less than 250 pages; the cost not to
exceed 12. cents per volume.—Ibid., p. 190.


May control the They may control the order in which the Superintend-
order in which
sriVng is to be ent shall deliver matter to be ,printed.—Thid., p. 31.


SiMll direct the Whenever any charts, maps, diagrams, views, or other
procurement of
engraving. engravings shall be required to illustrate any document


ordered to be printed by either house of Congress, such
engraving shall be procured by the Superintendent,
under the direction and supervision of the Committee on
Printing of the house ordering the same.—Stat. at Large,
Vol. XII, pp. 117 to 120.


To appoint per- By the act of June 25, 1864, it is made the duty of
8011 to edit and
select portions orsaid committee to appoint some competent person, who
documents to be
printed, and to shall edit and select such portion of the documents
prepare index.


accompanying the annual reports of the heads of Depart-
ments as shall, in their judgment, be desirable for pop-
ular distribution, and to prepare an alphabetical index
to the same. (See act of July 27, 1866, under head of
PRINTING, PUBLIC, ante.)


To direct en- By the same act said comm ittee steal l h a ye the direction,graving and lith-
ographing con-after advertisement, of . all litliographing and engraving
tracts.


where it exceeds $250 in value; and they are authorized
to empower the Superintendent to make immediate con-
tracts for engraving, whenever, in their opinion, the exi-
gencies of the public service will not justify waiting for
advertisement and award.


To direct the By the same act the Superintendent is authorized,
furnishing of ex-
tra copies of doe- under the direction of said committee, to furnish extra
uments to an y
person. copies of such documents as may be desired by


shalt have pre. son. By the same act said committee shall have e-
pared index to


ha pne.r-


the lws. o pared under their direction a complete alphabetical index


PRIORITY OF BUSINESS—PRIORITY OF QUESTIONS. 171
of the laws directed to be furnished for publication by
the Secretary of the Senate.—Stat. at Large, Vol. XIII,
pp. 185, 186.


"There shall be referred by the Clerk to the members of of,ouisOlimembers
on


cup Committee on Printing on the part of the house all
drawings, maps, charts, or other papers, which may at ins.


any time come before the House, for engraving, litho-
graphing, or publishing in any way ; which committee
shall report to the House whether the same ought, in
their opinion, to be published; and if the House order
the publication of the same, that committee shall direct
the size and manner of executior •of all such maps, charts,
drawings, or other papers, and contract by agreement,
in writing, for all such engraving, lithographing, print-
ing, drawing, and coloring, as may be ordered by the
House; which agreement, in writing, shall be furnished
by said committee to the Committee of Accounts, to gov-
ern said committee in all allowances for such works ;
and it shall be in order for said committee to report at
all times."—Rule 100.


"It shall be in order for the Committee on Printing to an
y


at any time carries with it the right to consider 'the mat-
ter when reported.--Journal, 1, 32, p. 195.


(See also PRINTING, PUBLIC.)


• PRIORITY OP BUSINESS.


"All questions relating to the priority of business to . Question _
be acted on shall be decided without debate."—Rule 1;)\1e.to, not debat-


PRIORITY OP QUESTIONS.
" When a question is under debate, no motion shall Thel a question


be received but to adjourn, to lie on the table, for the is wit er ( e 3 e*
previous question, to postpone , to a day certain, to com-
mit or amend; to postpone indefinitely; which several
motions shall have precedence in the order in which they
are arranged ; and no motion to commit or to postpone
indefinitely, being decided, shall be again allowed on the
same day and at the same stage of the bill or proposi-
tion."—pule 42. [When any ono of the foregoing




172 PRIVATE BILLS AND PRIVATE BUSINESS. PRIVATE BILLS AND PRIVATE BUSINESS. 173


motion is received, the practice isnot to entertain another
of lower dignity until the former is disposed of.]


On motions of " When a resolution shall be offered, or a motion made
reference. to refer any subject, and different committees shall be


proposed, the question shall be taken in the following
order: the Committee of the Whole House on the state
of the Union; the Committee of the Whole House; a
standing committee; a select committee."—Rule 43.


PRIVATE BILLS AND PRIVATE BUSINESS.


Private bills. [The line of distinction between public and -private
bills is so difficult to be defined in many cases that. it
must rest on the opinion of the Speaker and the details
of the bill. It has been the. practice in Parliament, and
also in Congress, to consider as private such a's are 'for
the iuterest'of individuals, public companies or corpora-
tions, a parish, city, or county, or other locality." To be
a private bill, it must not be general in its enactments,
but for the particular interest or benefit of a person or
persons. A pension bill for the. relief of a soldier's
widow is a private bill; but a bill granting pensions to
such persons as a class, instead of as individuals, is a
public bill. Bills for the incorporation of companies,
and whose operations are confined within the District of
Columbia, have been treated as private; but where such
companies are authorized to have agencies and transact
business outside of the limits of the District, they are
treated as public. Bills granting lands for railroads
have always been held to be public; while a bill author-
izing the extension of a railroad into the District of Co-
lumbia, or conferring certain privileges upon such an
in corporation,, has been held to be private.]


Relief from the A bill relieving a person elected to the House from
test oath held to
be private.






taking the test oath is held to be a private bill.—Journal,
2,41, pp. 265, 266.


Tnko prem. "Friday and Saturday in every week shall be set
donee on 1 riday
and Saturday. apart for the consideration of private bills and private


business in preference to any other, unless otherwise
determined by a majority of the House?'—Rule 128.
And such bills may also be considered in their order ou


other days, notwithstanding their precedence on Friday But may be con.
nd Saturday.—Journal, 1, 10, p. 795. ys.sidered on othoras
When all private business has been disposed of on Majority may


Frkbiy or Saturday, it is competent for a majority to to conshiler ‘‘it41t.
determine what business shall be cousidered.—Journal, isposing of'
1, 26, p. 460.


A motion to go into Committee. of the 'Whole House A motion to go
on the state of the Union may be entertained on private .i:Pliete"VIti2
bill day, (Journal, 2, 22, p. 212 et passim ;) but the mo- clic(iteisnocet Mot? vue;
tion to go into a Committee of the Whole House takes Mont.' go into
precedence, (Journals,1, 29, p. S50; 1, 30,p. 775,) [unless,
according to the general, although not universal prac-
tice, a special order is pending in the former.]


"The hills from the Court of Claims shall, on being Bills from the
of Claims.laid before the House, be read a first and second time, Court


committed to a Committee of the Whole House, and,
together with the accompanying reports, printed"—
Rule 122.


[Although there is no express rule requiring it, except By (rage, go
in the preceding case in regard to bills from the Court of the Alto°
of Claims, it is the usage in the commitment of private House.
bills to send them to a Committee of the Whole House,
while public bills are sent to a Committee of the Whole
House on the state of the Union.]—(See COMMITTEES
OF THE WHOLE.)


"On the first and fourth Friday and Saturday of each on first and
month the calendar of private bills shall be called over, tirt rirri(1147,(the chairman of the Committee of the Whole House:1;gcn taolonl'ot
commencing the call where he left off the previous day,) be considered.
and the bills to the passage of which no objection shall
then be made shall be first considered and disposed of.


• But when a bill is again reached, after having been once
objected to, the committee, shall consider and dispose of
the same, unless it shall again be objected to by at least
five members."—Bute 129. And this rule applies as well
to the consideration of bills in the House as in Commit-
tee of the Whole.—Journal, 1, 31, p. 697. [On such days,
olkjection, such as is indicated by the above rule, or de-
bate arising thereon, is fatal to the further consideration
of a bill, but an amendment may be entertained and




174 PRIVATE LAND CLAIMS, COMMITTEE ON-PRIVILEGE.


voted on. And after a bill has been objected to, and on
that account passed over, it cannot, without unanimous
consent, be recurred to.]


PRIVATE LAND CLAIMS, COMMITTEE ON.


When appointed, There shall be appointed at the conimeneement of each
and number of. Congress a Committee on Private Land Claims, to con-


sist of nine members.-Bule 74.
"It shall be the duty of the Committee on Private


Land Claims to take into consideration all claims to laud
which may be referred to them, or shall or may come in
question, and to report their opinion thereupon, together
with such propositions for relief therein as to them shall
seem expedient."-Bule 86.


PRIVILEGE.


Privilege from "Senators and Representatives shall, in all cases ex-
arrest. cept treason, felony, and breach of the peace, be privi-


leged from arrest during their attendance at the session
of their respective houses, and in going to and retain-


Not to be piesjing from the same; and for any speech or debate in.
tioned out of
House for speech either house they shall not be questioned in any other
or debate in
House. place."-Coast., 1, 6, 9.


Privilege from "This privilege from arrest privileges, of course,
arrest. against all process the disobedience to which is punish-


able by an attachment of the person ; as a subpoana ad
respondendum or testificandum, or a summons on a jury;
and with reason, because a member has superior duties
to perform in another place."-Manual, p. 58.


House may ox- "Each house may determine the rules of its proceed-pel im members. ins, punish its members for disorderly conduct, and,
with the concurrence of two-thirds, expel a member?--
Const., 1, 5, S.


Penalties inflict- In the maintenance of what are denominated its priv-
ed for breach of. •lieges, and of the privileges of its individual members,


the House, in former Congresses, has imposed various
penalties.


In some cases it has directed its Speaker to reprimand
the party offending.-Journa/s, 1, 4, p. 389 ; 1, 15,p. 1154
1, 22, pp. 730, 736.


PRIVILEGE, QUESTIONS OP.


In others it has committed the party to the custody
of the Sergeant-at-arms.-Journals, 1, 4, p. 407; 1, 12,
p. 280; 1, 15, p. 119 ; 234, pp. 277, 281, 384.


In others (where the parties were reporters of the
House) it has excluded them from the hall.-Journals, 1,
24, p. 1021; 2, 33, p. 315.


In one case, where a witness refused to answer a ques-
tion propounded to him by a select committee, it was
ordered and adjudged by the House that he be commit-
ted to the common jail of the District of Columbia., to
be kept in close custody until he should signify his will-
ingness to purge himself of the contempt.-Journal, 1,
35, pp. 387 to 389. And after having been so imprisoned
for more than three months, he was, by the further
order of the House, released from jail and delivered over
to the marshal of the said District to answer a present-
ment against him in the United States criminal court
therein.-Ibid., pp. 535 to 539.


PRIVILEGE, QUESTIONS OF.


"A matter of privilege arising out of any question•Ttliati)rrgels21,1::or from a quarrel between two members, or any other
cause, supersedes the consideration of the original ques-
tion, and must be first disposed of."-Manuai, p. 105.
[According to the practice, not finally disposed of; but
the House shall proceed to such immediate measures as
it may think proper.]


Whenever the Speaker is of the opinion that a ques- SpDealtyer of rtetletrotion of privilege is involved in a proposition, he must once to.
entertain it in preference to any other business.-Jour-
nal, 1, 29, p. 724. [Such opinion, of course, being sub-
ject to an appeal.] And when a proposition is submit-
ted which relates to the privileges Of the House, it is
his duty to entertain it, at least to the extent of submit-
ting the question to the House as to whether or not it
presents a question of privilege.-Journals, 3, 27, p. 46;
1, 29, p. 223; 1, 30, p. 712; 1, 31, p. 1079; 1, 35, pp. 376,
410.


An enumeration of the various questions of privilege Which have
arisen.


Its duty.


175




176 PRIVILEGE., QUESTIONS OF.


that may arise cannot, of course, be given, but the fol-
lowing list embraces nearly all that have arisen, viz :


Contested election cases-Journals, 1, 26, pp. 1283,
1300; 1, 29, p. 201; 1, 31,p. 1065; 2, 31, p. 119;


Failure or refusal of a witness to appear before com-
mittees of the House, or refusal to testify-Journals, 1,
12, p. 277; 2, 33, p. 315 ; 3, 34, pp. 241, 269; 1, 35, pp.
258, 371, 750, 821; 2, 35, pp. 411, 430, 451; 3, 40, pp. 226,
250, 392;


Offer to bribe a member-Journals, 1, 4, p. 389; 1, 15,
pp. 171, 119 ;


Challenge of a member by a Senator-Journal, 1, 4, p.
471;


Assault by one member upon another-Journals, 1, 5,
p. 154; 1, 34, p. 1527;


Divulging the secrets of the House-Journal, 1, 12, p.
276;


Assault upon a member-Journals, 1, 22, p. 590; 2,
23,p. 485;


Menacing language towards a member out of the House
account of interrogatories propounded by him to a


witness before the . House-journal, 1, 22,p. 740;
Disorder in the gallery-Journal, 1, 24, p. 331;
Fracas between two reporters in the presence of the


House-Journal, 1, 24, p. 983;
Refusal of a member to take his seat in Committee of


the Whole when ordered by the chairman to do so-
Journal, 1, 24,p. 1209;


Duel between two members-Journal, 2, 25, p. 501;
Warm words and a mutual assault between two mem-"


bers in Committee of the Whole-journal, 2, 25, p. 1013;
Protest by the President against certain proceedings


of the House-Journal, 2, 27,p. 1459;
Proposition to impeach the President-journal, 3, 27,


p. 159; 2, 39, p. 121;
Alleged menace of members by a mob at the seat of


Government-Journal, 1, 30, p. 712;
Charge of falsehood upon a member in a newspaper


by the printer of the House-Journal, 1, 29, p. 223;
Alleged false and scandalous report of proceedings


the House by one of its reporters-Journal, 2, 29, p. 320 ;


PRIVILEGED QUESTION. 177


_alleged mutilation of the Journal by the Speaker-
Journal, 1, 31, p. 713;


Publication by the public printer of an article alleged
to be for the purpose of exciting unlawful violence upon
members-Journal, 1, 33, p. 965;


Charges affecting the official character of a member-
Journal, 1, 33, p. 1178;


Alteration and interpolation of House bills-Journal,
1, 33, p. 1194;


Assault upon a Senator by a member of the House-
Journal, 1, 34, p. 1023;


Alleged corrupt combinations on the part of certain
members-Journal, 2, 34, pp. 475, 476;


Propositions to expel a member on the ground of
alleged imputations resting upon him by reason of pro-
ceedings of the House at the previous Congress-Jour-
nal, 1, 35,p. 179.


The previous question applies upon a question of prix- rrerio (tiee•
ilege as well as in other cases.-Journals, 2, 27, pp. 573,


applies
*


576; 1, 28, p. 882.


PRIVILEGE OE THE FLOOR


(See FLoon.)
PRIVILEGED QUESTION.


[Privileged questions are those to which precedence is 'Mud are.
given over other questions by some general rule or special
order of the House, and are of different grades among
themselves.]


Motions to fix the clay to which the House shall ad-
journ, and to adjourn, shall be "always in order:"-Rule
44. Motions to consider take precedence of all questions,
except a motion to adjourn .-Rule 49. Motions for an
adjournment of more than three days, with the concur-
rence of the Senate, are privileged.-Journal, 2, 37, pp.
718 to 720. [And so, also, according to the usage, are
motions to take a recess, to fix the day of final adjourn-
ment, and for a call of the House.] Motions to go into
Committee of the Whole. House on the state of the
-Union, and to close debate in Committees of the Whole,


B D-12




178 PROTEST–PUBLIC BUILDINGS AND GROUNDS, COMIITTEE ON.


may be made "at any time."—Rule 104. Reports from
the Committee on Enrolled Bills and the Committee on
Printing may be made "at any time."—Rules 100 and
101.


Reports of the general appropriation bills by the Com-
mittee on Appropriations, at any time.—Rule 77. Re-
ports of the Committee of Ways and Means, at any
time.—Rule 151. Motions to make any of the general ap-
propriation bills a special order, at any time.—Rule 119.
The report of a committee of conference is held to be
so highly privileged as to be in order, even pending a
motion for a call of the ilouse.—Journat, 1, 31, p. 1590.


PROTEST.


Not a matter of It is not a matter of right and parliamentary privilege
rightorprivilege. to have received and entered upon the Journal a protest


of members against the action of the House.—Cong. Globe,
1, 31, pp. 1579, 1588.


PUBLIC BUILDINGS AND GROUNDS, COMMITTEE ON.


When appointed, There shall be appointed at the commencement of eacti
and number of. Congress a Committee on Public Buildings and Grounds,


to consist of five members.—Rule 74. -
" It shall be the duty of the Committee on Public


Buildings and Grounds to consider all subjects relating
to the public edifices and grounds within the city of
Washington which may be referred to them, and report
their opinion thereon, together with such propositions
relating thereto as may seem to them expedient.”—Ruk
96.


In regard to It shall also determine the necessity of furnishing or
MOMS. any of the rooms exceeding the cost of $100furn i s h ia g refurnishing


per annum—journal, 3, 40, p. 518.
To have charge The House restaurant shall be placed in charge of said


r
restau-


o ant. committee, with the same powers heretofore possessedf lIouse
by Committee on Revisal and Unfinished Business .— •
Journals, 2, 40, p. 111; 1, 41, p. 201.


PUBLIC DOCUMENTS.


Public documents are defined by the act of March 3,
1847, to be "such publications or books as have been 01'


PUBLIC EXPENDITURES, COMMITTEE ON, ETC.
179


may be published, procured, or purchased by order of
either house of Congress.—Stat. at Large, Vol. IX, p. 201.


" The Clerk shall have preserved for each member of ef) member to
the House an extra copy, in good binding, of all the copy of. hotro
documents printed by order of' either house"—Rule 18.


[In addition thereto, there is deposited as soon as Additional copy
ot for each molprinted, in the document-room, a copy of each document, be!r.


subject to the order of each member; and where extra Extra copies of,
copies of a document are ordered, they are sent as soon how distributed.
as printed to the folding-room, from whence they are
distributed pro rata among the members.]


"There shall be retained in the library of the Clerk's n1Ftrboegtin of
office, for. the use of the members there, and not to be in House librau
withdrawn therefrom, two copies of all the books and
printed documents deposited in the library."—Rule 17.


(See also PRINTING, PUBLIC, and FRANIaNG PRIVI-
LEGE.)


PUBLIC EXPENDITURES, COMMITTEE ON.


There shall be appointed at the commencement of each molnuompoltied,
Congress a Committee on Public Expenditures, to con-
sist of nine members.—Rule 74.


" It shall be the duty of the Committee on Public
Expenditures to examine into the state of the several
public Departments, and particularly into laws making
appropriations of money, and to report whether the
moneys have been disbursed conformably with such laws;
and also to report, from time to time, such provisions
and arrangements as may be necessary to add to the
economy of the Departments and the accountability of
their officers."—Rule 85.


PUBLIC LANDS, COMMITTEE ON.


There shall be appointed at the commencement of each When appointed,
Congress a. Committee on the Public Lands, to Consist of and Inn
nine members.—Bute 74.


"It shall be the duty- of the Committee on the Public Its duties.
Lands to take into consideration all such petitions and
matters or things respecting the lands of the United


:States as shall be presented, or shall or may come in


Duties of.


What arc.


Its duties.




180 QUESTIONS—QUORUM. QUORUM. 181
question, and be referred to them by the House, and to
report their opinion thereon, together with such proposi-
tions for relief therein as to them shall seem expedi-
ent."—Rule 80.


Allowed a clerk. By a resolution of May 27, 1862, this committee is
authorized to employ a clerk, who, in addition to his-
usual duties, shall have charge of the land maps.—Jour-
n«1, 2, 37, p. 760. •


- PUBLIC PRINTING.


(See PRINTING, PUBLIC, and PRINTING, COMMITTEE ON.)
QUESTIONS.


Speaker shall "Tile Speaker shall rise to put a question, but may
rise to put. state it sitting. ,,—Rule 3.


• Questions shall be distinctly put in this form, to wit:
"As many as arc of opinion that (as the question may
be) say 'Aye;" and, after the affirmative voice is ex-
pressed, "As many as are of the contrary opinion, say
'Ito.'"—Buie 4.


(See also TELLERS, and YEAS AND NAYS.)
De coi• ii „f "While the Speaker is putting any question, none shall


members while
Putting. walk out of or across the House, nor entertain private


discourse"—Rule 65.
Division of. (See DIVISION OF QUESTIONS.)
Precedence of (See MOTIONS.)
Tio vote on. in case of an equal division on a question, the question


shall be lost—Buie 7.—(See also TIE VOTE.)
QUORUM.


"The House of Representatives shall be composed of
members chosen every second year by the people of the


Majority consli. several States"—Const., 1, 2, 5—and "a majority of eachlit essdes, for busi. house shall constitute a quorum' to do business; but a
Power of less smaller number may adjourn from day to day, and may


than. be authorized to compel the attendance of- absent mem-
bers, in such manner and under such penalties as each
house may provide."—Cmt., 1, 5, S.


Majority of In view of the foremeinw clauses of the Constitution, it
members chosen


)f 6
constitutes. was decided, during the 37th Congress, to which several


of the States had failed to send Representatives, that a
majority of the members chosen constituted a quorum to
do business.—Journal, 1, 37, p. 117.


When, from counting the House on a division, it want Of,
appears that there is not a quorum, the matter continues division.
exactly in the state in which it was before the division.—
Manual, p. 122.


A quorum of the House for the purpose of choosing what C0718ti•
the President shall consist of a member or members from 2,,tePrietZ,°,e'g
two-thirds of the States.—Const., 2, 1, 16.


Tellers may be ordered upon motion, seconded by at maDnoei.fideetpumeorfs.
least one-fifth of a quorum of the members.—Rule 4.


:thee ot:k "Pew:.
The Speaker each day on the meeting of the House, Journal to be


"and on the appearance of a quorum, shall cause the
Journal of the preceding day to be read"—Rule 1. And
it is a very common practice, when no quorum is present
upon the Speaker taking the chair, for him to entertain
a motion for `1, call of the House before causing the
Journal to be read.—Journal, 1, 35, p. 840.


T,essIti can
Call


piWhere less than a quorum is present, a motion to take
oorn °


use


a recess is not in order; and no motion is in order except n:
for a call or to adjourn.—Journals, 1, 29, p. 356; 2, 29,
r. 343; 2, 32, p. 388:


"Whenever the Committee of the Whole House on the 'Mt%dncc
state of the Union, or the Coin puttee of the Whole House, the Mofe.
finds itself without a quorum, the chairman shall cause
the roll of the House to be called, and thereupon the
committee shall rise, and the chairman shall report the
names of the absentees to the House, which shall be
entered on the Journal."—Rule 126. And as soon (after
rising for such purpose) as a quorum is ascertained to
be present, the House must return into Committee.--.
Journal, 2, 27, p. 292.


t., nnTherr"Whenever during business it is observed that a quo- Mere not pres-
rum is not present, any member may call for the House a oai
to be counted, and, being found deficient, business is Count
suspended."—Manual, p. 67; also p. 83.


(See also CALLS OF THE HOUSE.)


now put.




182 RAILWAYS AND CANALS, COMMITTEE ON, ETC.


RAILWAYS AND CANALS, COMMITTEE ON


'When appointed, There shall be appointed at the commencement of each
nod number of. Congress a Committee on Railways and Canals, to con-




-
sist of nine members.-Rule 74.


Its duties. It shall be the duty of the Committee on Railways and
Canals to take into consideration all such petitions and
matters or things relating to roads and canals, and the
improvement of the navigation of rivers, as shall be
presented or may come. in question and be referred to
them by the House; and to report thereupon, together
with such propositions relative thereto as to them shall
seem expedient.-Rule 94.


READING OP PAPERS.


Right of mem- "Where papers are laid before the House or referred
Ucr to le l'et'd "V,;to a committee , every member has a right to have themwbcrcvote on them. once read at the table before he can be compelled to vote


on them"-Manual., p. 97-and this applies to the read-
ing of papers on a motion to refer them.-Journal, 1, 34,
p. 1146. And so in regard to any proposition submitted


But mny be do-for a vote of the House; but it being a right derived
prived 01' it, by n
suspension of the from the rules, he may at any time (when a motion to
rules. suspend the rules is in order) be deprived of it by a sus-


pension of the rule.-journais, 1, 32, p, 1116; 3, 34,p.
618 ; 2, 35, p. 572 ; 2, 38, pp. 397, 39S-even after the
main question is ordered to be put.-Journal, 3, 34,p. 386.


where objected "When the reading of a paper is called for, and the.
to. same is objected to by any member, it shall be deter-


mined by a vote of the House.))-Rule 141.
Construction of [The rule above recited is not construed to apply to


rtehgearliisot.rule in the single reading of a paper or proposition upon which
the House may be called upon to give a vote, or to the
several regillar readings of a hill, but to cases where a
paper has been once read, or a bill has received its regu-
lar reading and another is•alled for, and also where a
member desires the reading of a paper having relation


In case of an_ to the subject before the House.] But it does not apply
awro1;11",,T,Itice `it! to the case of an amendment which a member, by leave/
given.
has given notice of his intention at a future time to offer.


-Journal, 1,, 31, p. 1149.


RECEDE, MOTION TO-RECEPTION-RECESS. 183


The reading of a report relating to a pending proposi- Whore .emMot
tin cannot be called for after the previous question is be called for.
seconded, as it would be in the nature of debate.-Jour-
nca, 1, 23, p. 72G.


RECEDE, MOTION TO.


The motion to recede takes precedence of the motions Precedence of.
to insist and ask a conference, and to adhere.-Manual,
pp. 114, 115. [And even though the previous question
may be pending on either of the last motions, the motion
to recede may be entertained, because if it prevails the
disagreement between the houses is removed and the
bill is passed.] A vote to recede from a disagreement to
an amendment is not equivalent to an agreement.-Jour-


1, 20, pp. 695, 697. [But in making a motion that
the House recede from its disagreement to an amend-
ment, there should be coupled with it, "and that the
House agree to the same."]


(See also AMENDMENTS BETWEEN THE TWO HOUSES.
and CONFERENCE COMMITTEES.)


RECEPTION.


(See CONSIDERATION.)
RECESS.


Where it is convenient that the business of the House M, be taken.
be suspended for a short time, as for a conference pres-
ently to be held, &c., it adjourns during pleasure.-Maa-
val, p. 135. [The practice of the House iu regard to the Motion for. zt


Privilegedprivileged character of the motion for a recess has varied


one.


in different Congresses, but, of late years, it has been
held to be a privileged question-see Journals, 1, 36, pp.
753, 759; 2, 37, pp. 718, 719-and the latter practice is
manifestly that contemplated in the Manual.] But it is
not in order pending a. motion to suspend the rules so as
to take an immediate vote on a pending proposition.-
Journal, 2, 39, pp. 572, 573.


It is not in order for less than a quorum to take a re- Lessen:in:1i=
cess-Journals, 1, 29, p. 356; 32, p. 388-nor, pending NV: in t;
a. call of the House, can a recess be taken unless by titian- IlIconu( si en. g call o
imous consent. -/bid., .1, 26, p. 843.


I




Not in order.
resulted which


action where
cannot be re-


Nor on bills in
troduced on Mon
days.


184 RECO3rMIT, MOTION TO—RECONSIDER, MOTION TO.


For more than Where it is proposed to take a recess, by adjournment,
three da3-8. for more than three days, the Senate must consent before


it can be taken—Const., 1, 5, 0—and a resolution for that
purpose is held to be privileged.—Journal, 2, 37, pp. 718
to 720.—(See ADJOL'EN, MOTION TO.)


RECOMMIT, MOTION TO.


tion is ordered. Untte(l."—.Ltillie 124. But not a
sage of bill. but or at any time before its passage, a bill may be recom-
not if main ours- "—.Lillie


the main question is


time before pas-
In order at any "After commitment and a report thereof to the House


ordered to be put.—Journal, 1, 29, p. 643. [Nor, accord-
ing to the practice, even pending the demand for the


In ease of re-previous question.] "And should such recommitment
after




take place after its engrossment, and an amendment be
ment


reported and agreed to by the House, the question shall
be again put on the engrossment of the bill."—Rule
124.—(See COMMIT, MOTION TO.)


RECONSIDER, MOTION TO.


Who may make. "When a motion 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


when to boznado. thereof, on the same or succeeding day ; and such motion
Precedence a. shall take precedence of all other questions, except a
canna he with- motion to adjourn ; and shall not be withdrawn after the


drawn atter the
time elapsed for said succeeding day without the consent of the House,
making.


v member and thereafter any member may call it up for considera-
may e411 ti011."—Bule 49.


A fair construction of this rule will permit a member
who has voted with the prevailing side on a tie vote to
move a reconsideration. Such is evidently the spirit of
the rule—Journal, 1, 30, p. 1081. [So, also, it is the
practice to permit any member to move a reconsidera-
tion who has voted with the prevailing side in a case
where less than a majority prevails.]—Cond. Globe, 1, 39,
p. 3892.


A n y member Where a vote is not taken by yeas and nays, and con-
may make. where
rote hasnot been sequently no record made of each member's vote, it IS
by yeasanduaya.


the well-settled practice to permit any member to move
a reconsideration.


RECONSIDER, MOTION TO. 185




It is in order at any time, even when a member is on the re,dentelieMaybut not consider-floor, or the highest privileged question is pending, on rd while another
the same or succeeding clay to move a recensideratico qmstion Is up.


and have it entered, but it cannot be taken up and con-
sidered while another question is before the House.
Journal, 1, 34, pp. 1476, 1477.


A motion to reconsider, if made in time, may be enter- tin a?,=.-r
tained, notwithstanding the papers connected with the


Out e! the
original proposition have gone out of the possession fo: siou of the uo'ase:
the House.—journals, 1, 26, p. '1033; 1, 28, pp. 1125,
1131; 1, 29, p. 657; 1, 33,pp. 336, 1199. And pending a
motion to reconsider the vote on the passage of a bill,
the Speaker should decline to sign the said bill if reported
by the Committee oil Enrolled Bills.—Journal, 1, 26, p.
1033. [When the papers have been sent to the Senate,
it is usual, in case of a motion to reconsider, to send a
message to that body requesting their return.]


[It is not in order on a private bill day to call up and 411(1? private bill
consider a tio to reconsider a vote on a public bill, •


if objected to, except after a postponement by a majority
vote of the private business.]


[The effect of the pendency of a motion to reconsider,
according to the universal usage, is to suspend the origi-
nal proposition ;] but "where the term of the members
expires without acting on the motion to reconsider for
the want of time or inclination, the motion of course
fails, and leaves the original proposition operative."—
(Opinion of Mr. Speaker Orr, and also of Mr. Speaker
Banks, ill the case of a resolution directing the payment
of money out of the contingent fund of the House,
where Congress adjourned sine die—pending a motion to
reconsider the vote by which it was adopted.)


It is not in order to move a reconsideration of a vote
sustaining a decision of the Chair, after subsequent ac-
tion has resulted from such decision which it is impossi-
ble for the House to reverse.--Journal, 1, 31, pp. 860,
861. Nor upon a bill introduced and referred during
the first hour after the reading of the Journal on Mon-
days. —*Rule 130.


Who mar make,
in easeof tie vote.


Who may make,
when less than a
majority pre-
vails-




186 RECONSIDER, MOTION TO.


Previous ques- [Under the practice, if a motion to reconsider is pend-
don is exhausted
by veto on. ing when the previous question is ordered, such order


applies to the. motion to reconsider only.]
Cannot be re- Where a motion to reconsider has been once put and


pealed' decided, it is not in order to repeat the motion.--Jour-
Except where nal, 2, 27, p. 1022. But it is otherwise where an amend-


an amendment
has been made. ment has been adopted since the first reconsideration.-


Journal, 1, 31, pp. 1404, 1406,1407.
Order of yeas An order that a vote be taken by yeas and nays may


raencod xinsIgruX be be reconsidered, but the question immediately recurs,
subject to be decided affirmatively by one-fifth of the
members present.-Journals, 1, 19, p. 706; 1, 30, p. 405.


So also negative A negative vote on a motion to lie on the table may be
vote on motion to
lie on the table. reconsidered.-Journal, 2, 32, p. 234.


[It is a very common practice for the member havingMotion to lay on
table• charge of a measure, as soon as a vote is taken upon it,


" to move to reconsider the vote last taken, and also to
move that the motion to reconsider be laid on the table;'
and if the latter motion prevails, it is deemed a finality,
so far as the vote proposed to be reconsidered is con-
cerned. A vote to lay the motion to reconsider on the
table does not carry with it the pending measure.]


If motion to re- A motion to reconsider a vote laying a motion to recon-
consider be laid
on table, it cannot sides on the table is not in order ; if entertained, it would
ho reconsidered. lead to inextricable confusion, by piling up motion upon


motion to reconsider.-Journals, 3, 27, p. 334; 1, 33,p.
357.


An amendment [After a bill has been ordered to be engrossed, it is
m
a f


n
t
t
e
.


ter engross- not in order to move a. reconsideration of a vote on an
amendment until the order of engrossment has been
reconsidered; and if' the motion to reconsider the en-
grossment is laid on the table


,


no reconsideration of the
amendment can then be entertained.]


Engrossment It is in order, even pending the demand of the pre'
pending, demand
of previous clues- vious question on the passage of a bill, to move a recoil-
tion on passage. sideration of the order of engrossment.-Journal, 2, 27,


p. 1175. [But, of course, if moved at such a time, it is
not debatable.]


Decided aflim- According to the uniform practice, where a motion to
L",,,veclaigy:st reconsider has been passed in the affirmative, the clues-


RECONSIDER, MOTION TO.
187


tion immediately recurs upon the question reconsidered. curs on original
-Journal, 1, 31, p. 847. [And the House proceeds with " esti"' &c'
the consideration of the subject without regard to the




fact of its having been,on the Speaker's table when the
motion to reconsider was submitted.]


Where a vote taken under the operation of the. pre- Ia.When vote
;le; 0 rcit s.vious question is reconsidered, the question is then di- Nk.i'011$' e


vested of the previous question, and is open to debate reconsidered.
and amendment.--Journals, 1, 27, p. 129; 1, 33, p. 127.
[These decisions apply only to cases where the previous
question was fully exhausted by votes taken on all the
questions covered by it before the motion to reconsider
was made. In any other case, the pendency of the pre-
vious question would preclude debate.]


The previous question may be reconsidered, but not
ques-Previous


after it is partly executed.--Touruat, 1, 35, pp. 1101, 1398. etig er not
[And. according to the usual practice, in the reconsider- Partly executed.
ation of the previous question but a single vote is taken,
viz: Will the House reconsider the vote on ordering the Prepou goess
main question'? Which being decided affirmatively, the :dne'rer. w


rec"•


question is divested of the demand for the previous
question.]


A vote on the reconsideration of a vetoed bill cannot Not in orderon
be reconsidered.--Journal, 1, 28, pp. 1093, 1097. Nor piTa*'n=illtill!


N•otta oncan a vote on a motion to suspend the rules be recoil- suspending
sidered.-Journal, 2, 31, p. 134.




rules.


A motion to reconsider is not debatable, if the ques- Where not de-
. tion proposed to be reconsidered was not debatable.- batablo.
Journals, 2, 27, p. 331; 2, 30, pp. 135, 136. But the fact
of a question having been decided. under the operation
of the previous question does not prevent debate on the
motion to reconsider, if the original question was other-
wise debatable.-Journal, 1, 33, p. 127. A motion to
reconsider a vote on a resolution passed on resolution
day, under the operation of the previous question, like
the resolution, cannot be debated on that day, but must
lie over.-Journal, 2, 30, pp. 135, 136.


REFER, MOTION TO.


(See COMMIT, MOTION TO.)




REPORTERS.


REPORTERS.


Admitted. to gal. "Stenographers and reporters, other than the official
cry with permis•
iion of Speaker. reporters of the House, wishing to take down the de-


bates, may be admitted by the Speaker to the reporters'
gallery over the Speaker's chair, but not on the floor of
the House; but no person shall be allowed the privilege
of said gallery, under the character of stenographer or
reporter, without a written permission of the Speaker,
specifying the part of said gallery assigned to him ; nor
shall said stenographer or reporter be admitted to said


Must state for gallery unless he shall state, in writing, for what paper
what paper. or papers he is employed to report; nor shall he be


admitted, or if admitted be suffered to retain his seat, if
Must not be he shall be or become an agent to prosecute any claim


claim agents. pending before Congress; and the Speaker shall give his
written permission with -this condition.-Rule 135.


of congres- By a resolution of the House (Journal, 1, 32, p. 70)
sional Globe, oc. theenpy chairs in n Doorkeeper was directed to provide chairs for the
front of Clerk's
,teak, and to be reporters of the Congressional Globe, to be placed in
furnished with
printed bills, cafront of the Clerk's desk. And by resolution of May 7,


1866, it is directed that the said reporters be furnished
with three copies each of all bills and resolutions printed
by order of the House.-Journal, 1, 29, p. 675.


Appointment of By resolution of the House of January 5, 1865, the
stenographic,
and duties of. Speaker is directed to appoint a stenographic reporter,


to continue in office. until otherwise ordered by the Bouse,
whose duty it shall be to report in short-hand, on the -


. order of any of the standing or special committees of
the House, such proceedings as they may deem neces-
sary, and, when ordered to be printed, properly index
and supervise the publication of the same.-Journal, 2,
38, pp. 79, 80.


By resolution of the House of January 18, 1S66, the.
foregoing resolution was modified so as to read, " that
the Speaker appoint a competent stenographic
to continue in office until otherwise ordered ibil31,ithlevHP°olttleser:
whose duty it shall be to report in short-hand, on the
order of any of the standing or special committees of
the House, such proceedings as they may deem neces-
sary, and, when ordered to be printed, properly index and


REPORTS OF COMMITTEES.
189


supervise the publication of the same; and who shall
receive therefor an annual compensation at the rate now
allowed by regulation for reporting court-martial pro-
ceedings: Provided, That all such reporting ordered by
committees of the House, and all such as he shall be re-
quired to do for joint committees, shall be clone by said
reporter or person employed by him without extra com-
pensation or additional expense; and the reports so taken
shall be under the entire control of the committees, re-
spectively, by which such testimony shall be taken, or
of the House."--:Journal, 1, 39, p. 162.


By resolution of the House of July 25, 1866, the Appointment or
assistant steno-Speaker was authorized to appoint a competent stenog- grap


rapher as assistant official reporter to the committees of
theRouse, to be paid the same compensation as the
official reporter, and whose term of service shall expire
March 4, 1807.-Journal, 1, 39, p. 1117. And by resolu-
tion of the House of March, 6, 1867, it was provided that
the assistant stenographer of the last House be con-
tinued as such until otherwise ordered.-Journal, 1, 40,
p. 13.


tret
By resolution of the House of February 26, 1866, it


atod the as
was provided that a desk on the floor of the House be assignedpress.


t<.


assigned to the reporter of the associated press.--Jour-
ma, 1, 39, p. 330.


By a. resolution of the House of January 11, 1867, it or associated
was provided that the reporters of the associated press,r,rin:am:r7e;
and reports made by them, should be under the same as of Globe.
rules and regulations as the reporters and reports of the.
Globe.-Journal, 2, 39, p. 154.


REPORTS OF COMMITTEES.


(See also COMMITTEES.)
Such reports as originated in either house, and, at the tindetermined


close of the session, remain undetermined iu either house, atend of session.
shall, after six days front the commencement of a second
or subsequent session of the same Congress, be resumed
as if an adjournment had not taken place. And all busi-
ness before committees of the House at the end of the
one session shall be resumed at the commencement of




190 REPORTS OF OFFICERS OF GOVERNMENT, ETC.


the next session of the same Congress, as if no adjourn-
ment had taken place.—Rule 136.


REPORTS OF COURT OF CLAIMS.


(See CLAIMS, COURT OF.)
REPORTS OF OFFICERS OF GOVERNMENT.


List of, to be It shall be the duty of the Clerk to make and cause
made to C011-
gress, to bo pre- to be printed, and deliver to each member, at the com-pared. mencement of every session of Congress, a list of the


reports which it is the duty of any officer or Department
of the Government to make to Congress, referring to the
act or resolution, and page of the volume of the laws or
journal in which it may be contained, and placing Under
the name of each officer the list of reports required of
him to be made, and the time when the report may be
expected."—Rule 13.


RESIGNATION BY A MEMBER.


night of, re- The right of a member to resign his seat had never
IffusVd th° been contested until the 2d session of the 41st Congress,


and on that occasion the Speaker, in conformity with
what seemed to be the settled authority of the House,
decided that he had such right, when an appeal was
taken from such decision, which on motion was laid on
the table, thereby affirming the decision of the chair.—
Cong. Globe, 2d sess. 41st Cong., Vol. 76, p. 1547 .


RESOLUTIONS.


Distinction be. " When the House commands, it is by an 4order., But
an
twe


L
en "orders" fact, principles, and their own opinions and purposes are


expressed in the form of resolutions."—Manual, p. 86.
(This distinction is not strictly kept up in the practie,
of the House.]


Daily call for. "Reports from the committees having been presented
and disposed of, the Speaker shall call for resolutions
from the members of each State and delegates from each
Territory, beginning with Maine and the Territory last


Not to be de . organized alternately. They shall not be debated on the
bated. 'very day of their being presented, nor on any day


assigned by the House for the receipt of resolutions,


RESOLUTIONS. 1.91


unless where the House shall direct otherwise; but shall
lie on the table, to be taken up in the order in which
they were presented; and if, on that day, the -whole of resumed'


shall


how
the States and Territories shall not be called, the Speaker


ll begin on the next day where he left off the pre-
vious day: Provided, That no member shall offer more Only one bee to.f
than one resolution, or one series of resolutions, all re- her.
lating to the same subject!, until all the States and Ter-
ritories shall have been called."—Rule 52.


"All the States and Territories shall be called for bills tercVAigiiialtd,s-
on leave and resolutions every Monday during each ses- anti
sion of Congress; and, if necessary to secure the object
on said days, all resolutions which shall give rise to
debate shall lie over for discussion, under the Rules of
the House already established ; and the whole of said
days shall be appropriated to bills on leave and resolu-
tions, until all the States and Territories are called
through. And the Speaker shall first call the States
and Territories for bills on leave; and all bills so intro-
duced during the first hour after the Journal is read
shall be referred, without debate, to their appropriate
committees : Provided, however, That a bill so introduced
and referred shall not be brought back into the House
upon a motion to reconsider?"—Rule 130. (See Moux-
ING HOUR. ON MONDAYS.)


It is a common practice, when a resolution is submit- Debate el% may
.of .ted, for the mover to immediately demand the previous madproxiotts


question, which, if ordered, will prevent debate and bring "ebtm.
the House to a direct vote on the resolution, thus avoid-
ing the necessity of its lying over, as would be the case
if debate should arise.—Journals, 1, 26, pp. 1064, 1067;
2, 27, p. 429; 1, 28, p. 558; 1, 28, p. 1235; 1, 30, p. 326.


The name of the member who offers a resolution to. the ir Ni ain.toofoipreez
consideration of the House shall be inserted on the Jour- entered on Jour-
naLs.—Rule 32. nal.


A resolution cannot be amended so as to convert it Amendment of.
into a joint resolution.—Journal, 1, 32,p. 679.


"No bill or resolution shall, at any time, be amended
by annexing thereto, or incorporating therewith, any
other bill or resolution pending before the House."—




19:3




192 RESOLUTIONS OF LEGISLATURES, ETC.


Rule 48. [According to the practice, an amendment con-
taining the substance of a pending bill or resolution
is in order.] (SCe AMENDMENTS.)


Where concur- "Every order, resolution, or Vote to which the concur.
relict) of Senate
is necessary. rence of the Senate shall be necessary, shall be read to


the House, and laid on the table, on a day preceding
that in which the same shall be moved, unless the House
shall otherwise expressly allow."—Rule 143.


Calling for in- Such resolutions as call for information from the Pres-
formation. dent or heads of Departments are required, by Rule 53,


to lie on the table one day.—Sec PRESIDENT AND EXEC-
UTIVE DEPARTMENTS.)


RESOLUTIONS OF STATE AND TERRITORIAL LEGISLA-
TURES.


(See JOINT RESOLUTIONS.)


RESTAURANT.


To be in charge By resolution of the House of April 8, 1869, it is pro-
of Committee on
Public Buildings vided that the House restaurant be placed in charge of
and Grounds. the Committee on Public Buildings and Grounds, with


the same powers heretofore possessed by the Committee
on Revisal and Unfinished Business.—Journal, 1, 41, p.
201. The powers above referred to are to lease the same
and under such rules and regulations as to the said Com-
mittee may seem expedient.—Journal, 2, 40, p. 111.


REVISION OF THE LAWS, COMMITTEE ON.


When appointed, There shall be appointed at the commencement of ea701.1i
and number of. Congress a Committee on the Revision of the Laws, to


consist of nine members.—Rule 74.
REVOLUTIONARY CLAIMS, COMMITTEE ON.


When appointed, There shall be appointed at the commencement of each
Congress a Committee on Revolutionary Claims, to con-
sist of nine members.—Thule 74.


Its duties. "It shall be the duty of the Committee on Revolutio n
-ary Claims to take into consideration all such petitions


and matters or. things touching claims and demands origi-
nating in the revolutionary war, or arising therefrom, as
shall be presented, or shall or may come in question, and


REVOLUTIONARY PENSIONS, COMMITTEE ON, ETC.


be referred to them by the House ; and to report their
opinion thereupon, together with such propositions for
relief therein as to them shall seem expedient."—Rule
84.


REVOLUTIONARY PENSIONS, COMMITTEE ON.


There shall be appointed at the commencement of each
and appointed,3rof19.dCongress a Committee on Revolutionary Pensions, to


consist of nine members.—Rule 74.
"It shall be the duty of the Committtee on Revolution- Its duties.


ary Pensions to take into consideration all such matters
respecting pensions for services in the revolutionary war,
other than invalid pensions, as shall be referred to them
by the House."—Rule 92.


On the 26th March, 1867, upon the suggestion of the
Toension


charge
Speaker, it was ordered that all matters relating to pen- Biers of i87,2.° •
sions to soldiers of the war of 1812 shall be referred to
the Committee on Revolutionary Pensions, instead of
the Committee on Invalid Pensions, as heretofore.—
Journal, 1, 40, p. 117.


ROADS AND CANALS, COMMITTEE ON.


(The name of this committee changed to that of
"RAILWAYS and CANALS," which see.)


ROOMS IN THE CAPITOL.


ttIniapprcriate6"The unappropriated rooms in that part of the Capi-
tol assigned to the House shall be subject to the order ocft Sipco erisP°
and disposal of the Speaker until the further order of the
House."—Pule 5.


RULES.


"Each house may determine the rules of its proceed- Each House may
determine its.hags."—00/28t., 1, 5, 8.


"No standing rule or the order of the House shall be


t t
changed .? heth t


rescinded or changed without one day's notice being notice.
given of the motion therefor, (see NOTICES;) nor shall
any rule be suspended except by a vote of at least two- a:9rsouspenroc:
thirds of the members present."— eule 145. But Oti rd; except to
majority may at any time suspend the' rules and, orders looslintodebate or


Wfor the purpose of going into the Committee of the Com ofholemi.tteetho
B D-13


and number of.




194 RULES.
Whole on the state of the Union, and for closing debate
in Committees of the Whole-(see DEBATE.)-Rule 104.


When only mo- Except during the last ten days of the session the
bons to suspend
can be made. Speaker shall not entertain a motion to suspend the rules


of the House at any time, except on Monday of every
week, at the expiration of one hour after the Journal is
read, unless the call of States and Territories for bills
on leave has been earlier concluded, when the Speaker
may entertain a motion to suspend the rules.-Rule 145.


When motion to It is not in order to move a suspension of the rules
suspend not in
order. while the House is acting under a suspension of the


rules-Cong. Globe, 2, 27, pp. 58, 142; 1, 31, p. 1225
unless connected with the business immediately before
the House-Journal, 2, 36, p. 212; nor while considering
a special order, it having been made under a suspension
of the rules-Cong. Globe, 2, 29, pp. 401, 439-[unless
connected with the consideration of such special order;]
nor while the previous question is operating.-Journal,
2, 33,1). 564. •


Pending motion Pending a motion to suspend the rules, so as to take
to suspend, mo-
tion for a recess an immediate vote on a proposition, a motion for a recess
not in order. is not in order.-Journal, 2, 39, pp. 572, 573. [This de-


cision of the Speaker was sustained on appeal by the
very decisive vote, by yeas and nays, of yeas 173, nays


; and would seem to have settled the question that
pending a similar motion, dilatory motions, such as had
been previously tolerated, would not be entertained -
hereafter.]


Pending a MO- "Pending a motion to suspend the rules, the Speaker
lion to suspend,
only one motion may entertain one motion that the House do now
to adjourn in or-
der• adjourn ; but after the result thereon is announced,


he shall not entertain any, other dilatory motion till the
vote is taken on suspension."-Rule 161.


Motion to sus- A motion to suspend the rules is not debatable-Cong.
uend, not debata- Globe, 2, 27, p. 121; 1, 29, p. 343; nor is it amendable-•
Not amendable. cong. Globe, 2, 30, pp. 319, 320; Journal, 2, 35, p. 477;


cannot be laid nor can it be laid on the table-Cong. Globe, 1, 29, p•
343;


on tape or post-
vied mac . Journal, 2, 35, p. 510; nor postponed indefinitely.-001/9.


Globe, 1, 26, p. 121.


SEATS OF MEMBERS.


.195


reconsidered.-Journal, 2, 31, p. 134.
The vote on a motion to suspend the rules cannot be


considered.
sion cannot be re-
Vote on suspen-


Where the rules are suspended to enable a member to lVhere suspend-
ed for a partieu•submit a particular proposition, if he fails to submit it lar purpose.


another member may do so.-Journal, 1, 23,p. 631. But
where he submits it, and subsequently withdraws it,
another member cannot renew it.-Journal, 2, 36, pp. 131
to 140.


After the rules have been suspended to allow a propo- igto modification
sition to be submitted, it cannot be modified.-Cong. a or suspensi n.
Globe, 1, 31, p. 1727. [But it may be amended by a vote
of the House.]


The rules may be suspended by a single vote for the Motionto SUS•
purpose of enabling a number of bills to be reported inec; snoiaro Icami
from a committee.-Journal, 3, 34, p. 432.


bint3.0„ 1;-1:31
A joint rule, so far as the House is concerned, requires Joint.


a majority vote only for its suspension-Journal, 2, 24, p rit3
p. 574.


It is not in order, under color of amendment, to- move iNot in order to
to change or rescind a rule; and where such is the effect SCCIllatil,IlValC01:/:
of a motion, one day's notice is necessary.-Journal, 1, of amendment.
20, p. 647.


"These rules shall be the rules of the House of Repre- To continue mi.
sentatives of the present and succeeding Congresses, ldeesitodtherwiso or-
unless otherwise ordered.”-Rule 147.


SATURDAY.


(See PRIVATE BILLS AND PRIVATE BUSINESS.)


SEATS OF MEMBERS.


Previous to the 2d session of the 35th Congress each What has been
member was provided with a desk and seat within the Customary in re.
hall, the location of which for the session has of late
years been determined by lot. At that session, with a
view to try the experiment of dispensing with desks, the
following resolution was adopted, viz :


"Resolved, That the Superintendent of the Capitol Desksgactabsee%Extension be directed, after the adjournment of thereTrTadn
present session of Congress, to remove the desks from
the hall of the House, and to make stych rearrangement




196 SECRET SESSION.


of the seats of members as will bring them together into
the smallest convenient space"—Journal, 2, 35, pp. 580,
583.


At the next session, however, the following resolution
was adopted, viz :




Restoration of "Resolved, That the superintendent of the Capitol
,Its.leiaedesks and Extension be directed to remove the present benches


from the hall and replace the old chairs and desks, adopt-
ing substantially the original arrangements thereof, but
having regard to any reductionof space occupied by
them, without interfering with the convenience of the
arrangement."—Tournai, 1, 36, p. 351.


The following is the usual form of resolution for the
selection of seats, viz


Form of resoln- "Resolved, That the Clerk of the House (here indicate
tiou for the selec-
tion of. the time) place in a box the name of each member and


delegate of the House of Representatives written on a
separate slip of paper ; that lie then proceed, in the pres-
ence of the House,, to draw from said box, one at a time,
the said slips of paper; and, as each , is drawn, he shall
announce the name of the member or delegate upon it,
who shall choose his seat for the present session : Pro-
vided, That before said drawing shall commence, the
Speaker shall cause every seat to be vacated, and shall
see that every seat continues vacant until it is selected
under this order; and that every seat, after having been
selected, shall be deemed vacant if left unoccupied be-
fore the calling of the roll is finished."--Journal, 1, 35,
p. 78.


SECRET SESSION.


ion
conffilen- " Whenever confidential communications are received


Lo ( iniad 1;3'1); from the President of the United States, the House shall
President. be cleared of all persons, except the members, Clerks, Ser-


geant-at-arms, and Doorkeeper, and so continue during
the reading of such communications, and (unless other-
wise directed by the House) during all debates and pro-


Or upon sue- ceedings to be had thereon. And when the Speaker, or
er. or member. any other member, shall inform the House that lie


hasgestion by Speak-
communications to make which he conceives ought to be


. rcd


cleared.
House to be kept.secret, t


elhe House shall, in like manner, be el


SEEDS—SENATE—SERGEANT-AT-ARMS.
197


till the communication be made ; the House shall then
determine whether the matter communicated requires
secrecy or not, and take order accordingly."—Ride 137. .


The Clerk, Sergeant-at-Arms, Doorkeeper, and Post- toofficers sworn
M ileoc."master shall be sworn to keep the secrets of the House. the


—Rule 10.
Such parts of the Journal of a secret session as may, House


notneed
in the judgment of the House, require secrecy, need not12




Journal


be published.—Const. 1, 5, 9.


SEEDS.


By the act of March 3, 1863, the franking privilege May be franked.
embraces seeds, cuttings, roots, and scions, the weight
of the packages of which may be fixed by regulation of
the Postmaster General.—Stat. at Large. Vol. XII, p.
709.


SENATE.


"Every order, resolution, or vote, to which1tie con- Orders, &c.. re,
currence of the Senate shall be necessary, shall be read gn relenge, inzaTi.;
to the House and laid on the table on the day preceding table one (la•.
that in which the same shall be moved, unless the House
shall otherwise expressly allow."—Ride 143. [This rule
was originally adopted in 1789, but for a great many
years it has been usual, iu the absence of any objection,
to assume that the House has allowed the immediate
consideration of all such propositions.]


:Members of the Senate and their Secretary may be Members of, and
their Secretary,admitted on the floor of the House.—Ruie 134,
maybe admitted


the hail.(See MESSAGES FROM THE SENATE.)


within


SERGEANT-AT-ARMS.
There shall be elected at the commencement of each


Congress, to continue in office until his successor is ap-
pointed, a Sergeant-at-arms, who shall take an oath "for
the true and faithful discharge of the duties


.of his office
to the best of his knowledge and abilities, and to keep
the secrets of the House;" and the vote shall be taken
viva voce.—Rule 10.


He is also required, by the act of July 2, 1862, to take
au additional oath.—(See OATH.)


When to be
elected, and term
of office.


Oath of office.


Vote for, to be
taken viva voce.


Additional oath.




198 SERGEANT-AT-ARMS. SERGEANT-AT-ARMS. 199


duties. " It shall be the duty of the Sergeant-at-arms to attend
the House during its sittings; to aid in the edtforeement
of order, under the direction of the Speaker ; to execute
'the commands of the House from time to time; together
with all such process, issued' by authority thereof, as
shall be directed to him by the Speaker."—Rule 22.


Additional duty. "It shall be the duty of the Sergeant-at-arms to keep
the accounts for pay and mileage of members, to prepare
checks, and, if required to do so, to draw the money on
such checks for the members, (the same being previously
signed by the Speaker, and indorsed by the member,)
and pay over the same to the member entitled there-
to."—Rule 25.


icommittee on By Rule 99 it is made the duty of the Committee on
to^lcag‘


to report Mileage to ascertain, and report to the Sergeant-at-arms,
the distance for which each member shall receive pay.
And by the act of July 28, 1866, Sess. Laws, p. 33:3, it is
required that said mileage accounts shall be certified by
the Speaker.


Shall deduct By resolution of May 4, 1842, it is made the duty of
excess l


oaf esotnire:: the Sergeant-at-arms to deduct the amount of excess
ror of men'' of stationery received by members beyond their allow-


mice from their pay and mileage.—Journals, 2, 27, p. 495,
and 1, 31, p. 1510.—(See COMPENSATION AND MILEAGE.)


"The Sergeant-at-arms shall give bond, with surety,
to the United States, in a stun not less than five nor
more than ten thousand dollars, at the discretion of the
Speaker, and with such surety as the Speaker may ap-
prove, faithfully to account for the money coining into
his hands for the pay of members."—Rule 26. •


Symbol of office. "The symbol of his office (the mace) shall be borne
by the Sergeant-at-arms when in the execution of his
office"—Rule 23.


"The fees of the Sergeant-at-arms shall be, for every
arrest, the sum of two dollars ; for each day's custody
and releasement, one dollar; and for traveling expenses
for himself or a special messenger, going and returning,
one-tenth of a dollar per mile."—Rule 24. And it is pro-
vided by act of February 5, 1859, "that hereafter the
mileage or traveling allowance to the officer or other


person executing precepts or other summons of either
house of Congress, shall not exceed ten cents for each
mile necessarily and actually traveled by such officer or
other person in the execution of any such precept or
summons."—Stat. at Large, Vol. XI, p. 379.


But by the act of July 14, 1870—Laws 2d Sess. 41st Cong.,brill receive no
p. 232—it is provided that he shall receive, directly or fees whatever.
indirectly, no fees, other than compensation, or emolu-
ment whatever for performing the duties of his office, or
in connection therewith.


By the act of the 2d Sess. 39th Cong.—Sess. Laws, p. T discharge
28—it is provided that in case of a vacancy in the office iiiret:


o
1 L8 rues of


of Clerk, or in the absence or inability of 'said Clerk to
discharge the duties imposed upon him bylaw 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.


By the act of March 2, 1867—Sess. Laws, p. 99—it is or the two
provided that the Sergeant-at-arms of the two houses houses pto :mom
shall hereafter aplioint the Capitol Police.


By the act of March 30, 1867—Sess. Laws, pp. 270, Also appoint
271—it is provided that the said Sergeants-at-arms shall ratifeh'=ie's, and
appoint certain watchmen at the Capitol, and make such gipleating the
rules and regulations as they may deem necessary to
preserve the peace and secure the Capitol from deface-
ment, and for the protection of the public property
therein ; and shall have power to arrest and detain any
person . violating said rules until such person can be
brought before the proper authorities for trial, without
further order of Congress.


By Joint Rule 19 it is made ikc duty of said Sergeants- Also to enforce
at-arms, under the supervision of the presiding officers fgoairl trio iiliequmor.re
of the two houses respectively, to enforce the provisions
of said rule, that "no spirituous or malt liquors, or
wines, shall be offered for sale, exhibited, or kept within
the Capitol, or in any room or building connected there-
with, or on the public grounds adjacent thereto."


By the, act of 2d Sess. 41st Cong., p. 365, it is made Shall make fall
his duty to make out a full and complete account of all laleKtZ1)°r of pGeorTil;


his possession.


Shall give bond.


Fees of.




200


SMITHSONIAN INSTITUTION—SPEAKER.


the property belonging to the Government in his posses-
sion on the first day of each regular session, and at the
expiration of his term of service.


SMITHSONIAN INSTITUTION.


Regents of, to By the act of August 10, 1846, three of the Regentsbe appointed by
the Speaker. of said Institution shall be members of the House of


Representatives, to be appointed by the Speaker on the
fourth 'Wednesday in December next after the first meet-
ing of every Congress, to serve until the fourth 'Wednes-
day in December, the second succeeding their appoint-
ment, and vacancies shall be filled as vacancies in com-
mittees are filled.—Stat. at Large, Vol. IX, p. 102.


Report to bo The Board of Regents shall submit to Congress, at
made to Congress
annually. each session thereof, a report of the operations, expendi•


tures, and condition ,of the lustitution.—Tbid.


SPEAKER.


shalt "The House of Representatives shall choose their
Speaker and other officers."—Const., 1, 2, 6.


Upon the ascertainment of the fact that a quorum
of members elect is present, and its annonne,ement by
the Clerk of the last House, it is usual for the House,
on Motion of some member, immediately to "proceed,
viva voce, to the election of a Speaker for the — Con-
gress."--Journal, 1, 35, p. 8.


(See MEETING OF CONGRESS.)
By the act of June. 1, 1789, it is provided that the


oath or affirmation required by the 6th article • of the
Constitution of the United States shall be administered


to be administen
ed. it shall be administered to him by "any one member of


By oath 8whom


p. 23. [According to the usage, the member selected


emnly swear (or affirm, as the case may be) that I will
support the Constitution of the United Slates" And that


in the form following, to wit : " —, do sol-


the House of Representatives."—Stat. at Large, Vol. 1,


for this purpose is that one who has been longest a mem-
ber of the House.]—Journal, 1, 26, p. 79.


Oath to be ad- By the same act he is required to administer the fore
mem ber8 and going oath or affirmation "to all the members present,ministered by, to
Clerk, and when.—


SPEAIEEj HIS DUTIES, ETC.
201


and to the Clerk, previous to entering on any other busi-
ness; and to the members who shall afterward appear,
previous to taking their seats."—Ibid.


By the act of July 2, 1862, he is required to take an Additional oath.
additional oath.—(See OATH.)


of the President and Vice-President of the United States, States.
the President of the Senate pro tempore, and in case


case of removal, death, resignation, or inability, both or Wm rttenti
By the act of March 1, 1792, itis provided, "that in a Wheal;


Shall


there shall be no President of the Senate, then the
Speaker of the House of Representatives for the time
being, shall act as President of the United States
until the disability be removed or a President shall be
elected."—Stat. at Large, Vol. I, p. 240.


By the act of July 28, 186G—Sess. Laws, p. 334—it is His componsa.
provided that the pay of the Speaker shall be eight b°11'
thousand dollars per annum.


(See COMPENSATION.)
SPEAKER—HIS DUTIES, ETC.


"He shall take the chair every day precisely at 1tae When to call
hour to which the House shall have adjourned on the Housetoorder.
preceding day; shall immediately call the members to
order ; and, on the appearance of a quorum, shall cause
the Journal of the preceding day to be read "—.Pule 1.


"He shall preserve order and decortun; may speak order preserve
to points of order in preference to other members, rising Has preference
from his seat for that purpose; and .shall decide questions ;otninikc%r.t°
of order, subject to au appeal to the House by any two
members; on which appeal no member shall speak more
than once, unless by leave of the House."—Buie 2.


"Though the Speaker may of right speak to matters May speak only
to matters of or.of order, and be first heard, he is restrained from speak- der.


ing on any other subject ne-xcept where the House have
occasion for facts within his knowledge; then he may,
with their leave, state the matter of fact."—Manual,p.
78; Journal, 1, 28, p. 1011.


The Speaker may, in order to settle the future prac- ile may submit
question as totice of the House under a certain state of circumstances, what shall be the
practiceof Rouse.submit a question for its decision.—Cong. Globe, 1, 26,I 22


it


House
choose.


Oath.




202 SPEAKER, HIS DUTIES, ETC.
Shall rise to put "lie shall rise to put a question, but may state it sit-


a question.


Form in which
he shall put goes.
tion.


"Mien ho may
divide house.


When ho may
hare tellers.


While ho is
putting question
or addressing
Rouse.


Shall decide
point of order
during a division
peremptorily.


p. 122.
Breach of order "It is a breach of order for the Speaker to refuse to


bj'esrotn Zen put a question which is in order."—Manual, p. 62.
in oder.


be shall "In all cases of ballot by the House, the SpeakerW
vote. shall vote; in other cases he shall not be required to


vote unless the House be equally divided, or unless his
vote, if given to the minority, will make the division
equal; and, in case of such equal division, the question
shall belost."—Bule 7.


Has a right to [The right of the Speaker, as a member of the House,
vote on all <Ines.bons.to vote on all questions, is secured b the Constitution


of the United States, and was claimed and exercised by
Speaker Macon, notwithstanding a then existing pro-
hibitory rule.]


Shall name mem- "When two or more members happen to rise at once,
bor entitled t
door.






° tile Speaker shall name the member who is first to
speak."—Rade 59.


SPEAKER—HIS DUTIES, ETC. 203


"If any member, in speaking or otherwise, transgress
the rules of the House, the Speaker shall, or any Mem-
ber may, call to order."—Rule 61. (See ORDER.)


"When a motion is made and seconded, it shall be
stated by the Speaker; or, being in writing, it shall be
handed to the Chair, and read aloud by the Clerk, before
debated"—Pule 38.


"Every motion shall be reduced to writing if the
mo toreenet


Speaker or any member desire it."—Rule 39. writing.
When any motion or proposition is made, the ques-


ay ilue eras-tion, 'Will the House now consider UV shall not be put itleocue,if Irioy.deem it
unless it is demanded by some member or is deemed ssa
necessary by the Speaker."—Rule 41.


"The Speaker shall examine and correct the Journal Journal. examinebefore it is read. He shall have a general direction of yinarl.e directionf
the He shall have a right to name any member to Nfor tho day.ame chairmanperform the duties of the Chair, but such substitution
shall not extend beyond an adjournment."—Ruie 5.


"Where the Speaker has been ill, other Speakers pro leV. heor7ei,1,11,nSopeeaakp:
teMpOre have been appointed?'—Manual, p. 68; Journals, plornrted.


1, 5, pp. 266, 316; 1, 30, p. 923.
"A Speaker may be removed at the will of the House, edr


eSr;enasa;
and a Speaker pro tent:pore appointed."—Ma•ual, p. 69. f):)714.7POTC ap.


"In forming a Committee of the Whole House, the c hSfignlan mooiinnt:
Speaker shall leave his chair, and a chairman, to preside VI,Itocice. of tho
in committee, shall be appointed by the Speaker."
Rule 105.


"All committees shall be appointed by the Speaker, cohnousi'll'etlecar titnnt-
unless otherwise specially directed by the House."— less direct
Rule 67. [It is usual, however, for him to await the
passage of an order, 'that the Speaker be authorized to
appoint the regular standing committees,' before an-
nouncing them.—Journal, •1, 35, p. 55. But this would
seem to be unnecessary in view of the foregoing rid el
(See CO3I3HTTEIN.)


By the act of August 10, 1846, he is required to soh Vel appointts o


tingly—Rule 3.
"Questions shall be distinctly put in this form, to wit:


'As many as are of opinion that, (as the question may
be,) say Aye;' and after the affirmative voice is ex,
pressed, 'As many as are of the contrary opinion, say
No.' If the Speaker doubt, or a division be called for,
the House shall divide; those in the affirmative of the
question shall first rise from their seats, and afterwards
those in the negative. If the Speaker still doubt, or a
count be required, the Speaker shall name two members,
one from each side, to tell the members in the affirma-
tive and negative; which being reported, he shall rise
and state the decision to the House. No division and
count of the House by tellers shall be in order but upon
motion seconded by at least one-fifth of a quorum of the
members?'—Rule 4.


"While the Speaker is putting any question, or ad-
dressing the House, none shall walk out of or across the
House; nor in such case, or when a member is speaking,
shall entertain private discourse."—Rule 65.


"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 irre c,ular.”—Man-


Shall call to9 r d er member
transgressin g


•ulesin speaking.


thWotion, all
hen


be stated
by hint.


Zoe
appoint from the members of the House on the fourth. titestittoinisoniau
Wednesday in December of the first regular session of
every Congress, three Regents of the Smithsonian Insti-
tution.--Stat. at Large, Vol. IX, p. 102.




204 SPEAKER—HTS DUTIES, ETC.


By the act of February 21, 1870—Laws, 2d sess. 41st
p. 67—he is required to appoint at the next ses-


sion preceding the annual examination of cadets,
three Members to attend the same.


"In case of any disturbance or disorderly conduct in
the galleries or lobby, the Speaker (or chairman of the
Committee of the Whole House) shall have power to
order the same to be cleared."—Rule 9. •


"Members having petitions and memorials to present
may hand them to the Clerk, indorsing the same with
their names, and the reference or disposition to be made
thereof; and such petitions and memorials shall be en-
tered on the Journal, subject to the control and direc-
tion of the Speaker; and if any petition or :memorial be
so handed in which, in the judgment of the Speaker,
is excluded by the rules, the same shall be returned to
the member from whom it was received?'—Rule 131.


Estimates of appropriations, and all other communi-
cations from the executive Departments, intended for
the consideration of any of the committees of the House,
shall be addressed to the Speaker, and by him submitted
to the House for reference.—Rule 159.


" Stenographers and reporters, other than the official
reporters of the House, wishing to take down the de-
bates, may be admitted by the Speaker to the reporters'
gallery over the Speaker's chair, but not on the floor of
the House ; but no person shall be allowed the privilege
of said gallery under tjle character of stenographer or
reporter without a written permission of the Speaker,
specifying the part of said gallery assigned to him; nor
shall said stenographer or reporter be admitted to said
gallery unless he shall state in writing for what paper
or papers he is employed to report; nor shall Ile be so
admitted, or, if admitted, be suffered to retain his seat,
if he shall be or become an agent to prosecute any claim
pending before Congress ; and the Speaker shall give
his written permission with this condition."—Rule 135.


"All acts, addresses, and joint resolutions shall be
signed by the Speaker ; and all writs, warrants, and
subpoenas, issued by order of the House, shall be /Index
his hand and seal, attested by the Clerk."—Rule S.


He
s i


mnshall sign the checks of members for compensa- Shall


SPEAKER—HIS DUTIES, ETC.
ch2, e0k5s


tion, the same having been previously prepared by the of members.
Sergeant-at-arms.—Rick 25.


The compensation which shall be due the members of imoulztolcom-
each house shall be. certified to by the presiding officers !neinlarsi °tno tef.
the/vol.,. respectively ; and the same shall be passed as certified by.


public accounts and paid out of the public Treasury.—
Stat. at Large, Vol. III, p. 404. And all certificates Certificates of.
which may have been or may be granted by the pre- conclusive.to be


siding officers of the Senate and House of Representa-
tives, respectively, of the amount due to the members
of their several houses,. are and ought to be deemed,
held, and taken, and are hereby declared to be, conclu-
sive upon all the Departments and officers of the Govern-
ment of the United States.—Stat. at Large, Vol. IX,
p. 523.


By the act of July 28, 1866, (Sess. Laws, p. 333,) it is 'Mileage accounts
provided that mileage accounts of Representatives and to booed fied by.


Delegates shall be certified. by the Speaker.
By Rule 26 it is provided that the bond of the Ser-


geant-at-arms shall be in a sum not less than five nor
more than ten thousand dollars, at the discretion of the
Speaker, and with surety to be approved by the Speaker.


" No person shall be permitted to perform divine . ser- Divine service
vice in the chamber occupied by the House of Represents


-


in the hall only
with his consent.


Lives, unless with: the consent of the Speaker."—Rule 6.
" The unappropriated rooms iu that part of thcCapitol Shall ' have die.


of the Speaker until further orders of the
°aE' Vila


disposal
rooms massigned to the House shall be subject to the order and


House."—Rule 5.
By the act of May 2, 1828, the Speaker is authorized, With the Pres


,


.


jointly with the President of the Senate, to prescribe m y prescribeident of Senate
rules and regulations " for the care, preservation, orderly rules in regard toCapitol not occu-
keeping, and police of all such portions of the Capitol, pied by eitherhouse exclusive-
its appurtenances, and the enclosures about it, and the f'-'
public buildings and property in its immediate vicinity,
as are not in the exclusive use and occupation of either
house of Congress," which rules, &c., shall be obeyed
by the Commissioner of Public Build ings.—Stat. at
Large, Vol. IV, p. 266.


lie shall appoint
three visitors to
West Point.


Ho may order
the galleries or
lobby to be
cleared.


Shall have con-
trol and direction
of petitions pro.
sented.


Estimates to be
addressed to.


May admit re-
mtrozetocLarre.ry


Shall sign acts,
writs, &e.,


Shall fix amount
and approve sure-
ty of Sergeant-at-
oms' bond.




206 SPEAKER PRO TEMPORE. SPECIAL .ORDERS. 207


Shall prescribe It shall also be the duty of said Commissioner " to
rules ill regard to ,
part of Capitol in obey such rules and regulations as may be, from time
use of house.


to time, prescribed by the presiding officer of either
house of Congress, for the care, preservation, orderly
keeping, and police of those portions of the Capitol and
its appurtenances which are in the exclusive use and
occupation of either house of Congress, respectively,"-.
Stat. at Large, Vol. IV, p. 266.


With the Pres- The "necessary assistants" of said Commissioner
ident of Senate,
shall fix pay ot " shall receive a reasonable compensation for their ser-


'Vices, to be allowed by the presiding officers of the two
houses of Congress ;" one moiety of said sums to be
paid out of the contingent fund of the House.-/bid.


Duty of, on re- By the act of January 24, 1857, it is provided that
port that witness ,
tails to testify. where a witness, summoned by the authority of the


House to testify before the House or any of its com-
mittees, " shall willfully make default, or who, appear-
ing, shall refuse to answer any question pertinent to the
matter of inquiry in consideration, and the facts shall
be reported to the House, it shall be the duty of the
Speaker of the House to certify the facts under the seal
of the House to the District Attorney for the District
of Columbia."-Stat. at Large, Vol. XI, p. 156. (See
WITNESS.)


Pending, the elee- Pending the election of a Speaker, the Clerk shall
Lion ot, Clerk
shall preside. Ipreserve order and decorum, and shall decide all ques-


tions of order that may arise, subject to appeal to the
House.-Rule 146.


SPEAKER PRO TEMPORE.


Speaker may " The Speaker shall have a right to name any member
name, for the day. to perform the duties of the Chair, but such substitution


shall not extend beyond an adjournment."-Rule 5.
Appointed,whero " Where the Speaker has been ill, other Speakers pro
Speaker ill or tempore have been appointed "-Manual, p. 64; Journals,


1, 5, pp. 266, 316; 1, 30, p. 923. Or where he is removed
by the House.-/Ilanual, p. 69.


SPEAKER'S TABLE.


(See BUSINESS ON SPEAKER'S TABLE.)


SPECIAL ORDERS.


Special orders are made under a suspension of the Made under a
rules.-Journal, 1, 31, p. 1176. [And, of course, (unless Zgnsi'ath°
unanimous consent is given for the purpose-Journal, 1,
30, p. 5S0)-cant only be made except in the case of ap-
propriation bills when a motion to suspend the rules is
in order:]


The House may, at any time, by a vote of a majority nAmgrerin'aft7
of the Members present, make any of the general appro- propriation bills.
priations bills a special order-Rule 119; but in all other


requires
cases it requires a two-thirds vote to make a special LI=
order, it being a change of the established order of busi- other cases'
ness.-Journals, 1, 23,p. 785; 3, 27,p. 355 ; 1, 31,p. 1096 Form of resolu-


The usual form of resolution for making a special tion for making.
order is, " that the (here describe the bill or whatever
else it may be) be made the special order for the - day
of -, and from, day to day until the same is disposed
of."---fournal, 1, 31, p. 1176. [In which case, after the
arrival of the time fixed, or the disposal of a special
order previously made, it takes precedence of all other
business until it is disposed of.]


Sometimes the words "Fridays and Saturdays excepted" Other forms.
are inserted.-Journat, 1, 30,p. 692. [In which case the
consideration of private bills may be proceeded with on
those days, but it is otherwise where these words are
omitted.-Journal, 1, 32, pp. 401, 433.] And sometimes
the words "and from day to day until disposed of" are
omitted.-Journal, 1, 31, p. 522. [In which case it is a
special order for the day named only,] and if the matter
made a. special order is not taken up, or, if taken up, is
left undisposed of on the day fixed, thereafter it loses its
specialty.-Journal, 1, 31, pp. 631, 897.


A special order may be postponed by a majority Mad post-be
vote.--journal, 1, 29, p. 1170; C0110. Globe, 1, 31, p.
1318. [And according to the usage, whenever the time
arrives for the consideration of a special order in Coln-
mittee of the Whole, the same may be postponed by a
vote in the House.]


Where two special orders are made for the same time, Where two, on
the one first made tales precedence.-Gong. Globe, 1, 26, same day.
p. 325. [The other according to the practice, if made for




208 STATIONERY.


that day, and "from day to day," will come up as soon
as the one first made is disposed of.]


Motion to ans. Pending a special order, it is not in order to move a
pond rules not in
order pending. suspension of the rules, the special order having been


made under a suspension of the rule—Cong. Globe, 2, 29,
p. 439—unless said motion be with reference to the pend-
ing special order.


Debate on, to In Committee of the Whole on the state of the Unionbe confined to
measure.




all debate on special orders shall be confined strictly to
the measure under consideration.--Rule 114.


STATE LEGISLATURES, RESOLUTIONS OF.


(SCC JOINT RESOLUTIONS.)


STATIONERY.


To bo procured By the act of August 26, 1842, it is provided that all
by contract. stationery, of every name and nature, for the use of the


House of Representatives, shall be furnished by contract
Clerk to adver- by the lowest bidder. The Clerk of the House of Rep-


Use for proposals.
resentatives shall advertise, once a week for at least
four weeks, in one or more of the principal papers pub-
lished in the city of Washington, for sealed proposals
for furnishing such articles, or the whole of any particu-
lar class of articles, specifying in such advertisement
the amount, quantity, and description of each kind of
articles to be furnished; and all such proposals shall be
kept sealed until the day specified in such advertisement


when proposals for opening the same, when they shall be opened by or
to be opened. under the direction of the Clerk,. in the presence of at


To whom con- least two persons; and the person offering to•furnish any
tract to be award-
ed. class of such articles, and giving satisfactory security for


the performance thereof; under a forfeiture not exceeding
twice the contract price in case of failure, shall receive
a contract thereof; and in case the lowest bidder shall
fail to enter into such contract, and give such security
within a reasonable time, to be fixed in such advertise-
ment, then the contract shall be given to the next lowest
bidder, who shall enter into such contract and give such


Liability of con. security. And in case of a failure to supply the articles
tractor failing to ,D ysu the person entering into such contract, he and hisp y..


STATIONERY. 209


sureties shall be liable for the forfeiture specified in such
contract, as liquidated damages, to be sued for in the
name of the United States in any court having jurisdic-
tion thereof.—Stat. at Large, Vol. V, pp. 526, 527.


By a resolution of the House of the 24th of July, 1868, chtrk to pur-
(Journal, 2, 40, p.


• 1173,) it is provided that the
Clerk


• be. authorized as the agent of the House to
purchase, in the manner provided by law, on the best
terms he may find practicable, such stationery as may
be requisite for the use of the House and Clerk's office,
giving preference in all cases to American manufacture, Preference to bo•
provided it be equally cheap and of as good quality; C1711 ;1 ti 1°It fAa citilucg
that. he. cause to be recorded in a well-bound book, suited


an incoicce
It


of,
ecordsofbills


to that purpose, the bills and invoices of all the station-lo IA, kept.
ery he may so purchase from time to time ; that he de-
liver to the members of Congress and officers hereinafter
named the amounts of stationery hereinafter specified,
keeping an accurate account of the same, and also of the
quantity and value of that used in the Clerk's office, and
that hereafter, in the annual reports now required by Report of, to be,
law to be made by the Clerk, showing the amount of made annually.
expenditure from the contingent fund of the House, he
be required to state, accurately and distinctly, the quan-
tity and cost of all the stationery delivered pursuant to
the provisions hereof, and that used in the Clerk's office;
also the amount remaining on hand at the time of making
such statement, and the amount of unexpended appro-
priation for stationery : Provided, That the amount fur-
nished to members of Congress may be embraced in a
single item.


And he is required to deliver to every member of the Clerk to deliver
House the usual articles of stationery now furnished to to members.
members, to an amount not exceeding in value that
authorized by law, at the cost price, in the stationery
room, or, at the option of the members, to pay them
the proper commutation in money ; that he keep a true
and accurate account of all stationery which he may so
deliver to the several members of the House; and if in
any case a member shall receive a greater amount of sta
tionery during any session than is above provided, the than


, raeInicecl.ase member()
his allow•


By-14




210


STRIKE OUT, MOTION TO.


Clerk shall, before the close of such session, furnish to
the Sergeant-at-arms an account of such excess beyond
the amounts above specified, who is hereby required to
deduct the amount of such excess from the pay and mile-
age of such members, and refund the same into the Treas.


Limitation of, Ury : Provided, That this limitation is not intended to
not to


paper.
apply to


folding
he made applicable to the use of wrapping-paper and
envelopes which may be required in the folding-room.


Clerk also to de- And he is also authorized and required to deliver
liver to chairmen
o f committees to every chairman of the committees of the House, for
and officers of the
House. the use of such committees, and to the Postmaster, Ser-


geant-at-arms, and Doorkeeper, for the use of their
respective offices, at every session of Congress, similar
articles of stationery, not exceeding in value an amount
which from time to time shall be fixed upon by the Com-
mittee on Accounts, and approved by the Speaker.


. Allowance of, to By the act of second session of 40th Congress—Sess.
each member. Laws, p. 3—it is provided that no Senator or Representa-


tive shall receive newspapers, stationery, or commuta-
tion therefor, exceeding one hundred and twenty-five
dollars for any one session of Congress.


STENOGRAPHERS.


(See REPORTERS.)


STRIKE OUT, MOTION TO.


And insert, in- "A motion to strike out and insert shall be deemed
Effect of nega. indivisible; but a motion to strike out being lost, shall


tire vote on. preclude neither amendment nor a motion to strike out
and insert."—Buk 46.


May perfect be. " If it is proposed to amend by striking out a para-
fore question is
put on. graph, the friends of the paragraph are first to make it


as perfect as they can by amendments before the ques-
tion is put for striking it out."—Hanna/, p. 109.


And insert A Where it is voted affirmatively to strike out certain
l'arnenNoV1)0 18166t words and insert A, it is not afterwards in order to strike
out and B insert-
ed. out A and insert B.—Ibid., p. 110.


But 'rb portion "After. A is inserted, however, it may be moved to
of original para-


compre- strike out a portion of the original paragraph, compre-
be . g A may bending A, providing the coherence to be struck out be


STRIKE OUT ENACTING CLAUSE—SUBPCONAS, ETC.
211


so substantial as to make this effectively a different pro-
position."—/ bid.


(See AMENDMENT.)


STRIKE OUT ENACTING CLAUSE.


(See ENACTING CLAUSE, MOTION TO STRIKE OUT.)


SUBPCENAS.


All subpoenas issued by order of the House shall be Land and seal
the band and seal of the Speaker, attested by the the Speaker, and


attested by Clerk.Clerk.—Rule 8.
SUNDAY.


It is for the House, and not the Speaker, to determine tr,ci.onr,illutoutotictlee-
whether the House shall continue in session after twelve session shall con-


tinuo on Suno'clock on Saturday night.—Journal, 1, 24, pp. 577, 582. day.


SUSPENSION OP THE RULES.


(See RULES.)
TAXES.


"No motion or proposition for a tax or charge upon firdoixdbf=
the people shall be discussed the day on which it is made .V7Inxittee of the
or offered, and every'such proposition shall receive its
first discussion in a Committee of the Whole House."
Rule 110.


"No sum or quantum of tax or duty voted by a Com- tiSoonalfsoor TIteiriem,soo-
cmittee of the Whole House shall be increased in the of, t eh con-ne of


House until the motion or proposition for such increase
shall be first discussed and voted in a Committee of the
Whole House; and so in respect to the time of its con-
tinuance."—.Rule 111.


It has been decided that the foregoing rules (110,
111) do not cover the case of a bill imposing a special
duty upon national banks, to meet certain expenses
to be incurred by the General Government in relation
thereto.—Journal, 1, 38, p. 527; Cong. Globe, vol. 51, p
1680.


TELLERS.


On putting a question, "if the Speaker doubt, or a of 113 aka
o


r, in case
division is called for, the House shall divide; those In- vision, or on a di-oin




212 TERRITORIES, COMMITTEE ON THE, ETC.


wand of one-fifth the affirmative of the question shall rise first from their
name. seats, and afterwards those in the negative. If theof a quorum, may


Speaker still doubt, or a count be required by at least
one-fifth of a quorum of the members, the Speaker shall
name two members, one from each side, to tell the mem-
bers in the affirmative and negative; which being report-
ed, he shall rise and state the decision of the House."—
Rule 4.


Where no quo- [According to the usage, whenever no quorum votes
rum votes on a


on a division, the Speaker directs the vote to be taken
by tellers.]


In the election [In the election •of a Speaker, it is the invariable prac-
of officers. tice of the Clerk to name four members to act as tellers


of the vote; and in the election of the other officers, the
same number of tellers are named by the Speaker. Such
tellers are usually selected from the different political
parties of which the House is composed.]


TERRITORIES, COMMITTEE ON THE.


When appointed, There shall be appointed, at the commencement of
and number of.


each session, a Committee on the Territories, to consist
of nine members.—Bule 76.


"It shall be the duty of the Committee on the Terri-Its duties.
tories to examine into the legislative, civil, and criminal
proceedings of the Territories, and to devise and report
to the House such means as, in their opinion, may be
necessary to secure the rights and privileges of residents
and non-residents."—Rule 91.


THANKS TO THE SPEAKER.


Resolution of, in A resolution of thanks to the Speaker is, under the
order at, any time. practice, a. privileged question, and is in order at any


time.—Journals, 2, 20, p. 383; 1, 23, p. 879.


TIE VOTE.


In ease of, " In all cases of ballot by the House, the Speaker shall
vote ; also when vote; in other eases he shall not be required to vote,Speaker shall
make.


unless the House. be equally divided, or unless his vote,his vote will
if given to the minority, will make the division equal ;
and in case of such equal division the question shall beEffect of.
lost."—Rule 12.


UNFINISHED BUSINESS—VETO. 213


A member who has voted with the prevailing side (the Who inay move
to reconsider, innegative side, according to the foregoing rule) on a tie ease '


vote, is entitled to move a reconsideration.—Journal, 1, .
30, p. 1080.


(See RECONSIDERATION.)
UNFINISHED BUSINESS.


"The when re- consideration of the unfinished business in which l to he
the House may be engaged at an adjournment shall be sullied.
resumed as soon as the Journal of the next day is read,
and at the same time each day thereafter until disposed
of; and if, from any cause, other business shall intervene,
it shall be resumed as soon as such other business is dis-
posed of. And the consideration of all other unfinished
business shall be resumed whenever the class of business
to which it belongs shall be in order under the Mules."—
Rule 56.


"After six (lays from the commencement of a second OLtilg p \r icendinTtf,
or subsequent session of any Congress, all bills, resole- teo'


restimer.
tions, and reports which originated in the House, and at
the close of the next preceding session remained unde.
termined, shall be resumed and acted on in the same
manner as if an adjournment bad not taken place. And
all business before committees of the House at the end
of one session shall be resumed at the commencement of
the next session of the same Congress as if no adjourn-
ment had taken place."—Rule 136 and Joint Rule 21.


When bills and reports from the Court of Claims to the Reports from
House are left undisposed of at the end of a Congress, cu,",:ifsgsfeglo'n
the bills are to be again read twice and referred to the end off
Committee of Claims, and the adverse reports restored
to the private calendar at the commencement of the next
Congress.—Journals, 1, 35, pp. 134, 135; 1, 36, p. 247.


VETO.


Where a bill, having passed both houses, shall be pre- Return .of
sented to the President of the United States, "if he ap-




azttions
prove he shall sign it, but if not he shall return it, with
his objections, to that house in which it shall have orig-
inated, who shall enter the objections at large on their Objections to be




214 VETO.


entered on Jour- Journal and proceed to reconsider it. If, after such re-
nal.


Proceedings on consideration, two-thirds of that house shall agree to
veto. pass the bill, it shall be sent, together with the objec-


tions, to the other house, by which it shall likewise be
reconsidered, and if approved by two-thirds of that house


Yeas and nays it shall become a law. But in all such cases the votes of
o n reconsidera-
tion. both houses shall be determined by yeaks and nays, and the


names of the persons voting for and against the bill shall
be entered on the Journal of each house respectively.


Bills must be re- If any bill shall not be returned by the President within
turned within ten ten days (Sundays excepted) after it shall have been pre-


sented to him, the same shall be a law, in like manner as
if he had signed it, unless the Congress by their adjourn.
ment prevent its return, in which case it shall not be a
law."-Const., 1, 7, 10.


Similar rules ap• A Similar provision is made in the case of orders, reso-
plicablc to orders.
resolutions, and lotions, or votes presented to the President for his ap-
votes. proval.-/bid., 1, 7, pp. 10, 11.
Veto message Whenever a bill is returned to the House with the


read upon its be-
ing received. objections of the President, it is usual 'to have the mes-


sage containing his objections immediately read-Jour-
nals, 1, 28, pp. 1081, 1084; 1, 29, pp. 1209, 1214; 2, 33,


And hill recon-PP• 397, 411; 1, 34, p. 1420; and -for the House to pro-
sider posted or .
polled.


ceed to the reconsideration of the bill-Tbid.-or to post-
pone its reconsideration to a future day 1, 21,


But not whereP
• 742•




But not where less than a quorum is present.-
it„s (,114' e„at.. 1"o• ibid., 33 , p. 1341. A veto message and bill ma y be refer-


Bil 'Or message „
ed, or the message alone, and the bill maya




laid onmay he referred,
11


.biebill laid on the table.-Journal, 2, 27, pp. 1253, 1254, 1256, 1257;
Cong. Globe, same sass., p. 875.


Ma in quest ion The main question in the consideration of a vetoed
oil vetoed bill. bill is, "Will the House on reconsideration agree to pass


the bill y -Journals, 2, 27, p. 1051; 1, 28, p. 1085;1, 29,
p. 1218, &c.


Two-thirds of The 44 two-thirds" by which a vetoed bill is required
members present
necessary to pass to be approved before it becomes a law has been -en C011
vetoed bal. strued in both houses to mean "two-thirds of the members


• present"-Journal, 1, 34, pp. 1176, 1178, 1420, (in all of
which eases one hundred and fifty-six affirmati
would have been necessary to pass the billsi;e4°:•co


s-


VIVA VOCE-VOTING. 215
thirds of the members elected" has been required,) and
Senate Journal, 1, 34, p. 419.


A motion to proceed to the consideration of a vetoed
ceed


Motion to isro.
tobill, with the objections of the President, is a privileged imesr:


question under the Constitution.-Gong. Globe, 2, 27, p. I"'
905; 2, 28, p. 396.


A vote on the passage of a vetoed bill cannot be recon- m. <1 reconsider-
onion


sidcred.-Cony. Globe, 1, 28, pp. 672, 677; Journal, same vetoes bi .11°. te
sass., p. 1093 to 1098.


Where the President does not approve a bill, and .S Where President
prevented by the adjournment of Congress from return- rreoiuviemnitel d;aon
ing it with his objections, it is usual for hint to inform Vi'llroV bill
the house wherein it originated, at the next session, of
his reasons for not approving it.-Journals, 2, 12, p. 544;
1, 30, p. 82; 2, 35, p. 151.


(See also PRESIDENT OF THE UNITED STATES.)
VIVA VOCE.


"In all cases of election by the House of its officers, invetectioobne taken
the vote shall be taken viva voce."-Rule 10.


(See ELECTIONS BY THE 110USE.)
VOTING.


" Questions shall be distinctly put in this form, to wit: optirzerent modes
'As many as are of opinion that (as the question may 'By tbo voices.
be) say Aye; and after the affirmative voice is expressed,
'As many as are of the contrary opinion say No.' If
the Speaker doubt, or a division be called for, the House By a division.
shall divide: those, in the affirmative of the question
shall first rise from their seats, and afterwards those in
the negative. If the Speaker still doubt, or a count be
required by at least one-fifth of a quorum of the mem-
bers, the Speaker shall name two members, one from By tellers.
each side, to tell the members in the affirmative and
negative; which being reported, he shall rise and state
the decision of the House."-Rule 4.


"And the yeas and nays of the members of either 113' Yens
nwshouse on any question shall, at the desire of one-fifth of


those present, be entered on the Journal."-Const., 1, 5, 9.
(See YEAS AND NAYS.)


and




217
No member to


vote if without
bar.


Where Speaker
shall vote.


Effect. of a tie
vote.


Names of mem-
bers. not, to be re-
corded.


Member It a s
right
vote before
iclision pro-


minced.


Record of vote,
if correct, cannot
be amended be-
cause of misapi
prehension o
question.


216 VOTING.
Point of order "If any question arises in point of order during the


while engaged in. division, the Speaker is to- decide peremptorily, subject
to the future censure of the House if irregular."—Man-
wal, p. 122.


Every member "Every member who shall be in the House -when thein House shall
vote. unless ex- question is put shall give his vote, unless the House
cased.
'When motion to shall excuse him. / All motions to excuse a member fromhe excused from,


to be made. voting shall be made before the House divides, or before
the call of the yeas and nays is commenced ; and the
question shall then be taken without debate."--lbde 31.


When motion to [But on motions to adjourn, to fix the day to whichbe excused front,
not in order. the House shall adjourn, and for a call of the House, it


has been held not to be in order to ask to be excused
from voting ; and for the obvious reason that nothing
but a desire to consume time, and thereby delay legisla-
tion, or to prevent a majority from adjourning, could
possibly influence a member in making the request.]
See Cong. Globe, 1, 31, p. 376; Journals, 1, 31, p. 1538;
1, 33, pp. 757, 765, 854, 1243; 1, 35, p. 866; Cong. Globe,
1, 39, p. 945.


No member to "No member shall vote on any question in the event
veto


woir=toeuri, of which he is immediately and particularly interested,
atrsenbari, ilts.8 or in any case where he was not within the bar of the,


After the roll. House when the question was put. When the roll-call
call is completed. is completed the Speaker shall state that any member


offering to vote does so upon the assurance that he was
within the bar before the last name on the roll was
called : Provided, however, That any member who was
absent by leave of the House may vote at anytime before


Speaker not, al- the result is announced." It is hot in order for the
lowed to enter—,
fain request for bpeakei to entertain a request for a member to change
a member to vote
or change his vote his vote on any question after the result shall have been
n:„ "gtgese" t


declared, nor shall any member be allowed to record his
vote on any question if he was not present when such
vote was taken.—Rule 29.


[A member of a conference committee, absent on the
business of his committee, is, according to the recent
practice, understood to be absent by leave of the House.]


WARRANTS, WRITS, ETC.


" Upon a division and count, of the House on any ques-
tion, no member without the bar shall be counted."—
Buie 30.


(See BAR, TILE HOUSE.)
" In all cases of ballot by the House. the Speaker shall


vote; in other cases he shall not be required to vote
unless the House be equally divided, or unless his vote,
if given to the minority, will make -the division equal ;
and in case of such equal division the question shall be
lost."—Rule 7.


The names of members not voting on any call of the
ayes and noes shall be recorded in the Journal immedi-
ately after those voting in the affirmative and negative,
and the same record shall be made in the Congressional
Globe.—Bide 149.


A member has the right to change his vote before the
decision of the question has been finally and conclusively
pronounced by the chair,—Journal, 2, 20, pp. 357, 358.
[But not afterwards.]


And it is not competent for a member to have the Jour-
nal amended so as to have the record of his vote changed,
upon a representation that such vote, though recorded as
given, was given under a misapprehension.—Journals, 2,
8, p. 167; 2, 27, p. 263.


WARRANTS, WRITS, ETC.


All writs, warrants, and subpceuas, issued by order of To ho signed bySneaker, and at-
the House, shall be under the hand and seal of the tested 1) , Clerk.
Speaker, attested by the Clerk.—Rule 8.


WAYS AND MEANS, COMMITTEE OF.


There shall be appointed, at the commencement of ea 10.1 When appointed,
and of what nutn-Congress, a Committee of Ways and' Means, to consist b


of nine members.—Rule 74.
It shall be the duty of the Committee of Ways and us duties.


Means to take into consideration all reports of the Treas-
ury Department, and such other propositions relating to
raising revenue and providing ways and means for the
support of the Government as shall be presented or shall
come in question and be referred to them by the House,




218 WITHDRAWAL OF MOTIONS, ETC.


and to report their opinion thereon by bill or otherwise,
as to them shall seem expedient; and said committee
shall have leave to report for com mitment at any time.—
Rule 151.


Authorized to The Committee of Ways and Means is authorized, by
employ "lerk. resolution of February 18, 1856, to employ a clerk.—


Journal, 1, 34, p. 557.


WITHDRAWAL OP MOTIONS.


When in order. A motion may be withdrawn at any time before a
decision or amendment—Rule 50—[but not after the
previous question is seconded.] It may, however, be
withdrawn while the House is dividing on a demand for
the previous question—Journal, 2, 29, p. 241; and all
incidental questions fall with such withdrawal.—Jour-
nal, 1, 26, p. 57.


WITHDRAWAL OF PAPERS.


(See PAPERS.)


WITNESS.


Summoned by Witnesses are summoned in pursuance of an order of
u
or


o/
do


e.
r of t he


the House, usually by virtue of its authority conferred
upon a committee "to send for persons and papers."—
Journal, 1, 35, pp. 88, 175.


Subpmnas to be All subpoenas issued by order of the House shall be
under hand and
seal of Speaker under the hand and seal of the Speaker, attested by the
and


by Clerk.—Rule 8.
Sergeant-at-arms The Sergeant-at-arms shall execute the commands of
shall execute sub-
rims directed to the House from time to time, together with all such pro-


cess issued by authority thereof as shall be directed to
him by the Speaker.—Rule 22. •


Who may admin. The Speaker of the House of Representatives, a chair-
ister oaths to.. man of a Committee of the Whole, or a chairman of a


select committee—Stat. at Large, Vol. I, p. 554—and the
chairman of any standing committee shall be empowered
to administer oaths or affirmations to witnesses iu any
case under their examination—Stat. at Large, Vol. III,
p. 345.


WITNESS. 219


"The rule for paying witnesses summoned to appear Fees of.
before this House, or either of its committees, shall be
as follows: For each day a witness shall attend; the sum
of two dollars; for each mile he shall travel in coming
to or going from the place of examination, the sum of
ten cents each way; but nothing shall be paid for trav-
eling home when the witness has been summoned at
the place of trial"—Rule 138.


The failure or refusal of a witness to appear, or refusal Failure of, to
to testify, is a breach of the privileges of the House, and appear or testify.
has been punished by commitment to the custody of the tronau faoi pfca
Sergeant-at-arms, by expulsion from the floor as a re testify.
porter, and by commitment to the common jail of the
District of Columbia.—Journals, 1, 12, pp. 276, 277; 2,


or


33, pp. 315, 318 ; 2, 34, pp. 269, 277, 281, 384, 567; 1, 35,
pp. 371, 387 to 389, 535 to 539.


Any person summoned as a witness by authority of agati'otir'filirirne.
the House to give testimony or to produce papers upon of, to testify.
any matter before the House or 'any committee thereof,
who shall willfully make default, or who, appearing, shall
refuse to answer any question pertinent to the matter of


• inquiry iu consideration before the House or committee
by which he shall be examined, shall, in addition to the
pains and penalties now existing, be liable to indictment
as for a misdemeanor. And when a witness shall fail to Duty of Speaker


Irs tfict i.l.ttre of, totestify, as above, and the facts shall be reported to the
House, it shall be the duty of the Speaker to certify the
fact under the seal of the House, to the district attorney
for the District of Columbia„—Stat. at Large, Vol. XI,
pp. 155, 156.


The testimony of a witness examined and testifying Testimony
before either house of Congress, or any committee of Zainst. e us


e
either house of Congress, shall not be used as evidence
in any criminal proceeding against such witness in any
court of justice : Provided, however, That no official paper Official paper




.or record produced by such witness on such examina- produced by
tion shall be held or taken to be included within the
privilege of said evidence so as to protect such witness
from any criminal proceeding as aforesaid ; and no wit-
ness shall hereafter be allowed to refuse to testify to ally




After result
announced.


Member of con-
ference commit-
tee has privilege
of one absent by
leave


YEAS AND NAYS. 221


filet or to produce any paper touching Nvhich he shall be
examined by either house of Congress, or any committee
of either house, for the reason that his testimony touch-
ing such Met, or the produetion of such paper, may tend
to disgrace him, or otherwise render him infamous: Pro-


May be punish- sided, That nothing in this act shall be construed to
ed for perjury.


exempt any witness from prosecution and punishment
for perjury committed by him in testifying as a foresaid.—
Stat. at Large, Vol. XII, p. 333.


WRITING.


Motions to be "Every motion shall be reduced to writing if the
reduced to. Speaker or any member desire it."—Rule 39.
Words excepted " If a member be called to order for words spoken into taken, to ho
down in. debate, the person calling him to order shall repeat the


words excepted to, and they shall be taken down in
writing at the Clerk's table."—Rule 62.


YEIN AND NAYS.


May he taken "The yeas and nays of the members of either house
if desired by one-
fifth of those on any question shall, at the desire of one-fifth of those
present. present, be entered on the Journal."—Coast., 1, 5, 9.


Must be taken "And in all cases" (on the passage of a vetoed bill)" the
on passage of a
vetoed bill. 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 Journal of each


When demand house respectively:'—Ibid., 1, 7, 10. The yeas and naysfor may be made.
may be called for while a vote on a division by tellers is
being taken—Cong. Globe, 2, 28, p. 121—or while the
Speaker is announcing the result of such vote—Ibid., 1,
29, p. 420—or even after the announcement, and before
passing to any other business-1, 31,p. 277—but not after
the result is announced, if delayed until the Speaker
shall be in the act of putting another question—Jour-
nal, 1, 32,p. 254.


A quorum not [ 6 ‘ One-fifth of those present has always been con-
necessary on or-
dering. strued to mean one fifth of those who vote on the question


of ordering the yeas and nays, regardless of the fact as
to whether or not a quorum is present.]


It is not in order to repeat a demand for the yeas and After refusal of,
not in demand.


p.
nays which has been once refused.—Gong. Globe, 1, 29, repe t


304; 2, 30, p. 623 5 Journal, 1, 33, p. 939. -
Au order of the yeas and nays—Journals, 1, 19, p. order of, or re-


796 ; 1, 30, p. 405—or a refusal of the yeas and nays—P= 1"c= be
Gong. Globe, 2, 30, p. 623—may be reconsidered.


The yeas and nays cannot be demanded on seconding xsecoontdiin orderoNoT
a. demand for the previous question.—Journal, 2, 19, p. ens
493. Nor can they be taken on any question in Coln- Committee of the Whole.Nor in
mittee of the Whole.-:-Cong.• Globe, 1, 28, p. 618.


"In taking the yeas and nays on any question the tior ekoiminarus


names of the members shall be called alphabetically."— betically.
Rule 35. And while they are being taken, no mem- No person to
her or
.


other person shall visit or remain by the Clerk's t,:itkiiiietin?.leerli.;:tt
tableRule 65.


After the yeas and nays are ordered and a member afterdebateNo
l of.c


one
l
response onhas answered to his name, the roll-call must progress a


without debate.—Gong. Globe, 1, 31, p. 1686.
"Every member who shall be in the House when the Every member


question is pat shall give his vote, unless the House shall t n.tell, °Zre.s.ssh2
excuse him. All motions to excuse a member from vet c Ael a motion to
ing shall be made before the House divides, or before bveo telcentigial ofrtme
the call of the yeas and nays is commenced ; and the mad°'
question shall then be taken without debate."—Rule 42.


"No member shall vote on any question in the event 1.Ct member etro.
csoticalw,oir iwitlloutof which he is immediately and particularly interested, e d,


or in any•case where lie was not within the bar of the th° bar.
House when the question was put. When the roll-call After the roll•


member call is completed.is completed the Speaker shall state that any
offering to vote does so upon the assurance that he was
within the bar before the last name on the roll was
called : Provided, however, That any member who was
absent by leave of the House may vote at any time be-
fore the result is announced."—Rule 29.


But the Speaker shall not entertain the request of a
member to change his vote after announcement or to
vote if not present when the vote was taken.—Rule 29.


IA member of a. committee of conference, according
to the recent practice, is understood to have leave of the
House to be absent on the duties of' his committee.]


220 WRITING—YEAS AND NAYS.




INDEX TO BARCLAY'S DIGEST. •


A.


Absence front the House, prohibited, unless by leave, &c


less than a quorum may compel absentees to attend.
fifteen members may compel absentees to attend....
proceedings in case of. (See Calls of the House.)
deduction from compensation for




Absence from Committee of the Whole, when no quorum on account of -
roll to be called


Accounts, Committee of, its number, and when appointed


duties of


Accounts for pay and mileage. (See Sergeant-at-arms.)
Acts and addresses, to be signed by the Speaker




Address to the President, when mid by whom to be presented


Adhere, motion to, order in putting question on


usually two conferences before


may be conference after, agreed to


after, agreed to by both houses, bill lost


Adjourn, ?notion to, always in order


not debatable
motion to fix the day takes precedence of, unless no quo-


rnui is present


cannot be made while member is speaking unless he yields
for


member speaking may yield for


not in order while House is voting


cannot be amended


when it may be repeated


hour of meeting, to be entered on the Journal


takes precedence of.motion to fix the hour of next meet-
ing


is not carried till the Speaker pronounces it
must be carried before legislative day ceases




for more than three days not in order, except as a con-
current resolution


for more than three days is privileged


for more than three days does not terminate session
when President may adjourn the two houses




Adjourn, motion to fix the day to gehich the House shall, always in order
not debatable
take


s
s precedence of motion to adjourn, unless no quorum is pres-


en
Adjourn, motion to fix the hour to which the House shall, when in order
Adjournment, sine die, form of resolution for


when it takes place
may be made to take place on failure of a quorum in


either house


Agents for claims. (See Claim Agents.)
Agriculture, Commmillee on, when appointed, and number of


duties of


A


rage.
3
3
3


3
4
4
4
4


4
5
5
5
5
5
5
5


5


6
6
6
6
6
6


6
6


7
7
7
7
7
7


7
7
7
8


8


8
8


222 YEAS AND NAYS.


No member to "Upon a division and count of the House on any
vote if without
bar. question no member without the bar shall be counted."—


Rule 41.
(See BAR OF ME IIOUSEi)


Names of mem- The names of members not voting on any call of the
hers not voting
on call of, to be yeas and nays shall be recorded in the Journal imme-
recorded. diately after the names of those voting in the affirma-


tive and negative, and the same record shall be made in
the Congressional Globe.—Rule 149.


member has A member has the right to change his vote before the
right to change
vote before deer- decision of the question has been finally and conclu-
sion finally pro-.
nounced. • sively pronounced by the Chair.—Journal, 2, 20, pp. 357,


358. [But not afterwards.]
Record of vote, And it is not competent for a member to have the


if correct, cannot
be amended be- Journal amended, so as to have the record of his vote
cause of misap-
prehension of changed, upon a representation that such vote, though
question. recorded as given, was given under a misapprehen-


sion.—Journals, 2, 8, p. 167 ; 2, 27, p. 263.
Erroneous roc- A member has a right to have an erroneous record of


trOdCOorilel.C;e1 after his vote corrected after the announcement of the result
result is declared.


of a vote.—Journal 1, 38, pp. 586, 587.




224 INDEX TO BARCLAYS DIGEST.


rage.
Amendment, precedence of motion to amend. . . 8


motion to strike out enacting words takes precedence of 8
when in order to a bill. 8
not cut off by the previous question 8
an amendment to, in order, but in no higher degree 8
may be an amendment to substitute, and also an amendment to 9
to Senate's amendment may be amended 9
paragraph proposed to be inserted may be amended 9
where paragraph inserted may be amended by adding to or by


striking out, together with part of original 9
paragraph proposed to be struck out may be amended 9
effect of failure to strike out 9, 10
motion to strike out and insert, indivisible 10
after adoption of; proposition cannot be withdrawn 10
no. modification of, after second of previous question 10
member yielding floor for, loses right to floor 10
must be germane, and not incorporate any pending bill .... 10
not out of order because inconsistent with one adopted 11
being moved, member may again speak 11
to railroad bills , 11
converting a resolution into joint resolution not in order 11
by way of rider, not in order to bill on third reading 11
to the rules requires ono day's notice 11
reported from the Committee of the Whole or Senate not divis-


ible....
.
.... -.


11
additional, may be moved after report of bill from Committee


of the Whole ,. 11
effect of striking out a paragraph in committee after amending


it•...




, 11
to general appropriation bills. (See Appropriation Bills) ...... . . 11,12
debate on, may be closed, without precluding further 12


Amendments between. the two houses, regular progression in case of, from disa-
greement to adhere 12


effect of adherence by both houses 12
either house may recede 12
motion to recede takes precedence of insisting. ........ ....... 12
not in order for House to insist or recede from its amendment


with ail amendment , • 12
amendment to Senate's amendment in order 12
House may amend Senate's amendment to House's amendment. 13
usually two conferences before adherence. 13
one house may adhere in the first instance 13
motion to insist takes precedence of adherence. 13
after adherence by one house, the other may recede. (See Ad-


here, motion to)
Appeal, question of order arising out of a question to be first decided


questions as to applicability or relevancy, &o., subject to
after previous question moved, no debate on ...... ..--
no debate on, where member called to order for indecorum, ktc .
not in .under on point arising during a division
may be laid on the table
where too late to raise a question of order
question just decided on, cannot be renewed
where too late to reconsider vote on
not in order while another appeal is pending
how question on, is stated....
questions of order and decisions on, to be noted at end of Journal..
from decision of the Clerk, pending the election of Speaker


Appropriation bills, general, when to be reported
may be reported at any time


13
13
13
13
14
13
13
14
14
14
14
14
15
14
15
15


INDEX TO BARCLAYS DIGEST. 225


Appropriation bills, amount of appropriations in, must be specified


not to include appropriations under treaties


amendments to, what in order


preference given to, over other bills in the House


may be made special order at any time


may be considered in preference to other bills in Commit-




tee of the Whole
clauses of, to be treated as sections




all proceedings touching, to be first discussed in Com-
' mittee of the Whole


what are not considered
rules may be suspended to consider first in the House
division of the question on, for internal improvements


dppropiations, Committee on, number of, and when appointed




its duties
may report for reference at any time




reasons of, for failure to report must be in




writing
Ayes and Noes. (See Yeas and Nays.)


B.


Ballot, when committees aro to be appointed by
how committee aro elected by
in all cases of, the Speaker shall vote
no person to visit Clerk's desk while counting
Tote not taken by, of late years




Banking and Currency, Committee on, its number, and when appointed




its duties
Bar of the House, member nmst be within, in order to vote


the vote of no member without, to be counted
what is meant by


Bills, how introduced
i • for raising revenue, must originate n the House




may be amended in the Senate
on leave, notice of, to be given


in relation to post routes, when and how intro-
duced




form of notice of




how to have Make of, appear in newspapers
objections to the practice of introducing


reported from committees. (See Committees.)
reported from the Court of Claims. (See Claims, Court of.)
shall each receive three readings
may be objected to after the first reading
second reading of
reading of, in the House, usually by title
member has right to have, mad throughout
after second reading, ready for commitment or engrossment, and open


to debate
engrossment and third reading of
when there is a preamble, when considered
after third reading, debatable, but not amendable
may be recommitted at any time before passage. (See Recommit, mo-


tion to)
passage of
title of
after title of, disposed of
motion ." to reconsider and lie" in the consideration of
after passage, to be certified by Clerk and taken to Senate


B D-15


Page.
15
15
16
17
17


17
17


16
16
16
17
17
17
18


18


18
18
19
19
19
19
19
19
20
20
20
20
20
20


20
21
21
21


22
22
22
22
22


23
23
23
23


23
23


24
24
24




226 INDEX TO BARCLAY'S DIGEST.


Page.
Bills, after passage, not to be taken to Senate on the last three days of ses-


sion
to be on paper


after return of; from Senate with amendment
action ou Senate amendment
when the Senate amendment is disagreed


to 24
amendments between the two houses. (See Amendments between 11w two


houses and Conference Committees.)
after passage by both houses, to be enrolled on parchment
when enrolled to be examined. (See Enrolled Bills, Committee on)
when examined to be reported to House and signed by Speaker
after being signed by both presiding officers, to be presented to the


President 25
not to be presented to President on last day of session without suspen-


sion of Joint Rule 25
after presentation of, to President, to be signed or returned within ten


days 26
notice of approval of; to be made to house where it originated 26
where vetoed. (See Veto.)
where not returned within ton days 26
where return within ten (lays is prevented by adjournment 26
where, of one house is rejected in tho other 26
left undisposed of at end of a session 26
in regard to printing of. (See Printing, Public.)q
certain, to be sent to the Court of Claims.. 27


Binding, of extra copies of documents .s• 27
of regular session documents 27
Superintendent of Public Printing to have executed. (See also


Printing, Publie) 27
Blank Books, by whom to be executed 27
Blanks, how filled 27


left by one house may be filled by the other 27
not to be counted in ballotiugs 27


Bond, of Sergeant-at-arms 27
of Clerk 28


Books, price of; not printed by Public Printer, &c., to be deducted from com-
pensation of such members as receive 28


Bribery, attempted, of members, a breach of privilege 28
of members of Congress 28
of employ& of the House
acceptance of bribe 29
penalty for 29


Business, daily order of, reading of the Journal 29
unfinished business of preceding day 29
reports of committees 30
call for resolutions and bills on leave 30
business on the Speaker's table . 30
may be interfered with . 31
on Fridays and Saturdays. (See Private Bills and Fri-
on each Monday, call for resolutions and bills on 31, 32


rate Business) . .
leave 32


joint resolutions of State legislatures, when to be sub-
mitted


on Mondays, motions to suspend the rules
can only be changed by a two-thirds vote


Business on the Speaker's table, when motion may be made to go to
when "mornin g hour" begins
floor may be taken from member to move to go to


INDEX TO BARCLAY'S DIGEST.
227


Business on the Speaker's table, order of disposing of


weekly statement ot', to be prepared by Clerk


Business, unfinished at end of a first session— -
bills, resolutions, and reports to be resumed after six days




before committees, to be resumed as though no adjournment
C.


Calls on the President and Departments. (See President and Executive Depart-
• meats.)


Call of the House, less than a quorum. may be authorized to compel attend-
ance 34


fifteen members are authorized to compel attendance
35


not in order after second of previous question, unless no
quorum is present


35
in order before the Journal is read, if no quorum is present


35
proceedings in case of


35
roll to be called alphabetically


35
absentees again called


:35
doors 'to be shut
35


excuses received_.
35


absentees may be arrested.. 35
call may be dispensed with at any time


35
form of order of arrest


35
issue of warrant
35


return of warrant
35


arraignment of members arrested
36


House may determine whether to discharge with or with-
out fees 36


fees. (See Sergeant-at-arms.)
member must pay fees before recognized


:36
recess not in order during


36
motions to adjourn or with reference to call only, in order




36
effect of adjournment pending.


36
Capitol, Speaker has control over hall and other rooms on House side


36
ball of the House not to be used except for legitimate business


36
spirituous liquors prohibited in




• 37
Vice-President and. Speaker may prescribe rules in regard to


37
Speaker may control Commissioner in regard to that part of, occupied


by the House. (See Speaker) 37
Chief Engineer of the Army to have charge of


37
police of, to 'be appointed by the Sergeant-at-arms, also certain


watchmen
37, 38


rules and regulations in regard to_
38


Chair, the Speaker may name persons to fill, for the day


(See Speaker pro
tempore) 38


Chairman of a committee. (See Committees)
Chairman of Committee of the Whole, shall be appointed by the Speaker




38




may cause the galleries to be cleared
38


forms of report by. (See Committees of the
Whole.)




may administer oaths.
39


Charge upon the people, proposition for, must be committed, and not discussed




on day made 39
Chaplains, election of; suspended


. . 39
39


proposition to elect,. presents question of privilege
39


Claim agents, House employs prohibited from being


:39
stenographers and reporters prohibited from being :39
members prohibited from being, for compensation 40


24
24
24,
24


25
25
25


29


33
33
33
:33
33
33


Page.
33
34


34
34




49
49
49
49
49
49
50
50


228 INDEX TO BARCLAYS DIGEST. INDEX TO BARCLAYS DIGEST. 229
Page.


Claims, Committee of, when to be appointed, and number of 40
' duties of 40


authorized to employ a clerk.. 40
Claims, Court of, when to report to Congress




39, 40
what to bo reported by


941
bills to be prepared by.


39-41
testimony to, be reported by 41
reports and bills of, to be continued from Congress to Con-


gress 41
adverse reports of, disposition of, and effect of confirmation of


41
court rooms to be provided


41
removal of clerks of, to be reported to Congress


41
transmission of papers to 42
withdrawal of papers from - 42
withdrawal of pension and other papers


42
in cases of final judgment by 42
petitions and bills to be transmitted to 42
bills from, to be placed on the private calendar and printed.


43
bills and reports undisposed of, at end of Congress....__.. 43
judges of. may be admitted within the hall of House


43
Clerk of the House, when to be elected 43


Speaker shall administer oath to 43
must be elected before other business is transacted.


. . 43
oath of office of 135, 136, 44
mode of election of 44
tellers appointed to keep and make report of vote for. (See


Elections by the House)
44


enters upon his duties as soon as he takes oath
44


must give bond within thirty days
44


continues in office Ind it his successor is appointed.....---
44


duty of, in preparing mil of members elect .............
45


pending the election of Speaker, preserves order, &c. (See
• also Meeting of Congress) 45


all contracts, &c., to be approved by him .......... ......
45


purchases by, for the House, to be of home production...
46


shall report contingent expenditures of: the House.......
46




list of persons employed in the service of House
46


the quantity and cost of stationery
46


a statement of appropriations, new offices cre-
ated, &.e . 46


receipts and expenditures, in detail, and full
account of public property in his possession. 46, 47


shall certify extracts from the Journal, his fees therefor..


47
has the franking privilege 47
may use books in Congressional Library.




47
shall advertise for proposals for stationery




47
shall transmit certain petitions, &c., to the Court of Claims




47
to select newspapers in late rebel States for publication of


laws, &c 47
to designate where executive printing shall be done in cer-


tain cases 48
to select newspapers in loyal States and Territories for pub-


lication of laws and treaties


to furnish list of members, &c., to publishers of the Globe


shall attest all writs, warrants, and subp(euas


enter petitions on the Journal


deliver calls on the President and Departments


shall refer maps, &c., to Committee on Printing


shall prepare list of reports to be made to Congress.—
.shall send copies of the Journal to the States




Page.
Clerk of the House, shall note and place at end of Journal all questions of order


50
in regard to advertisements in the District of Columbia... 50
shall enter notices of bills 51
shall certify bills which pass 51
shall sign all House bills which pass. 51
shall enroll all House bills which pass both houses


51
how amendments in Committee of the Whole are to be


51
distributioneiltei.e yand indexing of Journal by 51
shall retain two copies of documents in House Library




51
shall preserve one bound copy of documents for each mem-


ber 51
shall make weekly statement of business on Speaker's


table 51
shall make weekly statement of bills, &c., on the calendar 51
prefixes the numbers to the sections of bills—also numbers


the bills 51
Conveys messages to the Senate 52
prepares estimates for, and disburses the contingent fund


of the House 52
pays the salaries of the officers and eniploy4s of the House 52
keeps the Journal 52
keeps minutes of proceedings in Committees of the


Whole 52
reads all papers required to be road to the House 52
keeps the files 52
keeps the bill-book 52
indorses papers ordered to be printed, and makes record


of the same 52
engrosses and enrolls bills and resolutions 53
journalizes all petitions referred, keeps index of the


same, and delivers to committee. 53
orders newspapers for members and keeps accounts for


same 53
contracts for and furnishes all books ordered, and keeps


accounts of same 53
distributes all the regular public documents of the House. 53
keeps the stationery and supplies the Postmaster.... 53
keeps the Library of the House 53


Clerks of committees, not to be employed without leave of the House 54
which are authorized 54


Coinage, Weights, and Measures, Committee on, its number, and when appointed 54
its duties. 54


Commerce, Committee on, when appointed, and of what number 54
duties of . . 54


Commit, motion to, when it may be received. 55
precedence of, with reference to other motions 55
not to be repeated on same (lay or at same stage 55
where different committees are proposed 55
may be amended by adding instructions, &c 55
with instructions, not divisible 55
when in order to bill 55
debate on 55
effect of previous question upon 55
motions and reports may be committed at the pleasure of


House 55
Committees, Standing, appointed at commencement of Congress 55, 56


Joint, appointed at commencement of each Congress 56
duties of. ( See under their respective names.)
how appointed 56




230 INDEX TO BARCLAY'S DIGEST.


Page.
Committees, Joint, member may be appointed on, before he is sworn 57


who shall be chairman of 57
who may be excused from serving on 57
who may call a meeting of 57
shall not sit while House is sitting, without leave 57
sitting during recess ........


58
clerks of 58
precedence of different motions to refer 58
precedence of motions to commit in regard to other motions.... 58
motion to commit not to be repeated at same day or stage


59
when bill is ready for commitment 59
effect of previous question on motion to commit


59
can only act when met together 59
a majority constitutes a quorum of .... 59
sub-committees appointed by 59
Standing, not necessary that every member shall have been notified


of meeting of 59
petitions, how referred to 59




- to be indorsed with name of member and committee...
60


matters referred to, how delivered to
60


cannot be instructed to do what House cannot do 60
motion to commit with instructions indivisible. ... 60
how amendments are to be noted by


60
no reconsideration of a vote in


60
cannot reject a paper 60
cannot change title or subject 61
when and in what order called upon for reports




61,62
call of, to be resumed where left off


62
cannot report further after occupying morning hour two days....


62
regular call of, how interfered with


62
which may report at any time 62
right of, to report at any time carries right to consider -- ---. . _ _ . 63
may report by bill or otherwise.--- ......


63
cannot report on a subject not in sonic way referred


63
may report a bill with a recommendation not to pass 63
Select, how dissolved and revived


64
how created and filled 64
do not hold over the session


65
where dispute arises as to whether report is ordered by




a minority cannot report., but leave is usually given


a chairman of, may read his report






66:33


64
member making report from, may open and close' debate






64
proceedings of, not to be published, except by leave of the House






64
reference to, not in order


„..................


64
after commitment and report, a bill may be recommitted....




64
two motions to recommit not in order at same stage




64
oaths may be administered by chairman of


....


65
failure of witnesses to appear or testify before




65
Committees of the Whole, the rules and practice recognize two




65
order of taking question on motions to commit




66
on the state of the Union, motion to go into, in order at


any time 66
on private bill days, motion to go to the private cal-


endar takes precedence
.


66
a second of the previous question prevents motion to


go into 66
how formed 66
disturbance in 66
chairman of, may administer oaths




66
quorum of, same as of House




67


INDEX TO BARCLAY'S DIGEST. 231
Page.


Committees of the Whole, Speaker may take chair to receive messages while in 67




also to receive report of enrolled bills 67
where found without a quorum - .. 67
rules of the House to govern, as far as practicable 67
what motions are not in order in 67
debate in, confined strictly on special orders 68


same time as in House except where closed 68
five minutes' debate in 68
form of resolution for closing general 68
after five minutes all debate may be closed 68


amendments under five minutes' debate iu, not to be
withdrawn 69


before general debate is closed, siNeet must have
been considered in 69


debate may be closed on messages as well as bills... 69
member reporting measure may open and close debate 69
member cannot speak against his amendment under


the five minutes' debate 69
cannot extend time of debate where House has fixed


it 69
may take up other business after getting through


with a bill on which debate is closed._ 69
amendments to an original motion in 69
bills and resolutions may originate in 70
amendments by, to a report, to be noted as in case


of bills 70
ease of clause amended and afterward stricken out by 70
case of bill amended and afterward substitute adopt-


ed by 70
motion to rise always iu order in 70
member may yield the floor for a motion to rise 70
motion to rise may be withdrawn at any time be-


fore vote is declared 70
a proposition to tax or charge people must be first


discussed iu 70
also a proposition to increase a tax or duty 70
all appropriations shall be first discussed in. ( See


also Appropriation 70
amendments to general appropriation bills, what not


in order 71
cannot rule out of order any part of bill committed. 71
practice in regard to amendments to appropriation


bills in 72
how bills are considered iu 72
consideration of preamble in 72
how amendments are to be noted in 72
after report from, bill may be further amended and


debated 72
what bills are considered by clauses in 72
a clause having been passed over, cannot be recurred


7to


2
on the, state of the Union, how bills are taken up in... 72


preferred bills in 72
in case of report by, to strike out enacting words... 73
an amendment from, reported as an entirety, not di-


visible .............. 73
forms of report from, where bill is reported .. 73


where committee leave busi-
ness unfinished 73




Page.


73
73
74
74
74
74
74
75
75
75
75
75
76
76
76
77
77


77
77
77
77
77
78


78


78
78
78
78
78
78
78
79


79
79
79
79


79
79
79
79
79
80
80
80
80
80
80
80
81
81


81


232 INDEX TO BARCLAY'S DIGEST. INDEX TO BARCLAYS DIGEST. 233


D.
Committees of the Whole, forms of report from, where risen for want of a quo-


rum
report from, when received and considered


Compensation, of members to be ascertained by law
amount of, allowed to members
mileage allowed. ( See Mileage)
amount of, allowed to the Speaker
when paid.
price of books to be deducted from




deduction from, in case of absence.
further deduction from, in case of absence..
deduction from, for excess of stationery


..........


amount of; to be certified by the Speaker
Speaker's certificate for amount of; conclusive




member who shall die after commencement of term


of member elected to fill vacancy. (See Sergeant-at-arms) .
Concurrence, question on, is tine first which arises
Conference Committees, upon what occasion asked for


iu case of disagreement by ono house to other's
amendment


request of Senate for, when considered....
when and where they meet, &c




at what stage usually asked for
sometimes take place after adherence by ono house....
usually two, held before adherence
motion to recede takes precedence of motion to insist


and ask
motion to insist and ask takes precedence of motion


to adhere
where killable to agree




members of, absent..
report of, may be made at any time
where report of, disagreed to




maybe instructed


report of, cannot be amended
report of, may be laid on the table
may report agreement as to part and disagreement as


to part
must be asked by house which has the papers........
house asking, must leave papers with other house....
report of, where to be first made....




Confidential Communications. (See Secret Session.)
Congress. (See Meeting of Congress.)
Congressional Directory, by whom compiled


when to be ready for distribution.
Congressional Globe, reports proceedings....


seats provided for reporters of


not privileged to correct a report in


number of, allowed each member.
names of members not voting, to be recorded in
sot of, to be furnished each member. .
now contract with, authorized




proceedings to appear in next daily paper


copies of bills, &c., to be furnished to reporters of


list of members, &c., to be furnished to publishers of


7onsideration, when question of, to be put


when too late to raise question of


:.'ontested Elections. (See Elections, Contested.)
::onversation, when not to be indulged iu
-Jourt of Claims. (See Claims, Court of.)


Daily Globe. (See Congressional Globe.)
Debate, motion to be stated by Speaker or read before 81


in rising to, member must address, "Mr. Speaker" 81
member must rise from his seat to 81
where more than one member rises at once 82
who entitled by courtesy to open 82
to be recognised in, member must claim fluor 82
no member, except mover, shall speak but once 82
member may speak again, after an amendment offered




82
where member may speak from ... .. 82
member may move previous question although he has spoken


82
right to open and close, not affected by previous question 82


nor by order to close debate
82


member may yield floor for explanation 83
member may withdraw his demand for the previous question, and


speak out his hour ... 83
member must confine himself to question and avoid personality 83
in Committee of the Whole on the state of the Union, latitude allowed 83


except where special order pending 83
a contestant for a seat subject to the rules in. 83
question of the rejection of a bill open to 83
on an appeal as to " relevancy of proposition," no member to speak


but once


. .. 83
where member transgresses rules in, may be called to order 83


other proceedings ........
84


words excepted to, to be reduced
- to writing 84


when not censurable for words
spoken in 84


no member to be questioned out of house for words spoken in 84
proceedings of other house not to be noticed in . .. 84
conversation, and passing between member speaking and Chair, pro-


hibited 84
general, limited to one hour • 84
member reporting measure may open and close ............. _ ... 84
fire minutes', right to debate amendments 84


may be closed on amendment or paragraph 85
may be limited to, at any time, after consideration 85


prohibited on resolutions or bills on leave on day of introduction.. - 85
prohibited on bills introduced on Mondays during first hour 85
prohibited on private bills on first and fourth Fridays of the month 85
prohibited ou motion to adjourn, to fix day, and to lie on table 86
prohibited on motion to be excused from voting.... 86
prohibited on previous question and incidental questions pending 86
may be closed upon a pending amendment and not preclude further 86
prohibited on motion to reconsider third reading, pending demand of


previous question on passage 86
prohibited on questions of priority of business 86
prohibited on motions to suspend rules, or to reconsider votes on pro-


positions not debatable 86
prohibited after a member has answered to his name 87
allowed if member is recognized before response is given 87
on motions to postpone and commit 87


Delegates, provision for the election of 87
have right to debate, but not to vote ........ 87
may make motions 87
compensation and franking privilege of 87
names of, called and oath administered to, in the organization of


House


87


Page.




234 INDEX TO BARCLAYS DIGEST. INDEX TO BARCLAY'S DIGEST. 235


Departments. (See Executive Departments.)
Disorder, in the galleries and lobby


House may punish members for
Speaker shall prevent
where member called to order
member may be censured
specific violations of order
in Committee of the Whole.
Speaker may call member by name
pending election of Speaker, the Clerk shall preserve order, &c


District of Columbia, Committee for, when appointed, and number of




its duties
to be called on the 3d Friday of each


mouth
Division of the Tfouse. (See Voting.)
Division of questions, how made and when called for




motion to strike out and insert not divisible




other questions not divisible
upon the engrossment of internal improvement bills...




not allowed on other bills
Divine service, not to be performed in hall without Speaker's consent
Documents. (See Public documents.)
Doorkeeper, when to be elected and term of office
Doorkeeper, oath of office of




appointees of, subject to approval of Speaker
to be elected by viva vow vote
shall execute strictly rules in regard to admission on floor and in


gallery.
shall take inventory of property in committee and other rooms .
shall make report of United States property in his possession_...




shall announce messages from the Senate
other duties of




when to discharge certain duties of Clerk
Duties or taxes, motions for, to be first discussed in Committee of the Whole.


E.
Education and Labor, Committee on
Elections by the House, House shall choose its Speaker and other officers....


necessary in—blanks not counted .......
Speaker shall vote in
of other than members, must be previous nomination.




in all cases must be taken viva voce
no person to visit Clerk's table during
when postponed, cannot be entered into before time


arrives
Elections by the House ordinarily held to be questions of privilege. (See Presi-


dent, Speaker, Clerk, Sergeant-at-arms, Doorkeeper, and
Postmaster).


Elections, Committee of, when to be appointed, and number of


its duties
Elections, contested, House may decide






law in regard to, notice of contest




answer to notice
taking of testimony




testimony, &c., to be sent to Clerk




right of debate, &c., to contestant, usually granted




held to be questions of privilege
Electoral votes. (See President of the United States.)
Enacting words, style of, rests upon usage .


motion tostrikc out, takes precedence of motion to amend ....




if carried, is equivalent to rejection


. Page.
Enacting words, motion to strike out, where recommendation of, reported from


Committee of the Whole
question which arises on report of...


Engraving, maps not to be printed without special direction -
to be procured by Superintendent of Printing
Committee on Printing.to have direction of
to be referred to House members of Printing Committee— — ....
to the amount of $250, how awarded. (See also Printing, Public.)


Engrossed bills, to be on paper, executed in a fair, round hand 97




to be signed by the Clerk 97
Enrolled bills to be on parchment. (See Enrolled bills, Committee on) 97
Enrolled bills, Committee on, shall examine and report enrolled bills 97


may report at any time 97
after report by, Speaker shall sign 98
shall present to the President 98
shall notify House of day of presentation 98
shall not present a bill on last day of session 98


Estimates of Appropriations must be addressed to the Speaker . 98
Executive Departments, calls on, shall lie over one day 98


when adopted Clerk to deliver 99
list of reports called for from, to be made out by Clerk. 99
communications from, when considered 99


Excused from serving on committee. (See Committees.)
Excused from voting. (See Voting.)
Expenditures, Committee on, when appointed and their number. 100


their Unties 100,101


F.
Fees, against members discharged from custody


of Sergeant-at-arms for arrest, mileage, &e
constructive mileage prohibited...............


Sergeant-at-arms prohibited from
''


receivinn. any
of witnesses summoned by authority of the House
of Clerk for furnishing extracts from the Journal


Five minutes' debate, House may at any time close all debate in Committees
of the Whole . 102


allowed on amendments, after debate closed 102
may be closed after being had on an amendment, section,


or paragraph. (See Committees of the Whole) .... 103
Floor, privilege of admission on, who shall have 103


Doorkeeper to execute strictly rule in regard
to 103


Foreign Affairs, Committee on, when appointed, and number of 103
its duties 103


Foreign ministers may be admitted within the hall 103
Franking privilege of members and Clerk 104
Freedmen's Affairs, Committee on 104
Fridays and Saturdays set apart for private business 104


first and fourth iu each month. (See Private Bills and




Business)
Furniture, limitation as to amount of for any one year. 105


Private 105


G.
Galleries, portion of, set apart for reporters.... 105




other portions set apart for visitors 105
in case of disturbance or disorderly conduct in 105


Globe. (See Congressional Globe) 106
Governors of States, admitted on the floor 106


copy of Journal to be sent to


106


Page.


88
88
88
88
88
88
89
89
89
89
89


89


90
90
90
90
90
90


91
91
91
91


91
91
91
91
92
92
92


92
93
93
93
93
93
93


93


93
93
93
94
94
94
94
95
95
95


95
95
95


95
95
96
96
96
96


101
101
101
102
102
102




23G INDEX TO BARCLAY'S DIGEST.


H.
Page.


Hall of the House, Speaker to have the direction of 106
not to be used except for legislative business 106
who may be admitted within 106,107


Heads of Departments, admitted on the floor 107
Hour rule. (See Debate) 107 .
Hour of, motion of, euljournment, to be noted on Journal ...... — - ... 107
Hour of daily meeting, how fixed 107


when in order to fix 107


I.
Impeachment, House has sole power of 107


form of proceedings in case of 107-110
Indefinite postponement. (See Postpone, motion to.)
Indexes, to the Journal. 110


to the laws 110
to other documents 110


Indian Affairs, Committee on, when appointed, and number of 111
no duties assigned to 111


Interested, member not to vote where 111
kind of interest alluded to 111


Internal improvement bills, may be division of question on separate items of 111
Invalid Pensions, Committee on, when appointed and number of 111


its duties_... 111


J.
Jefferson's Manuel, to govern where applicable and not inconsistent with rules 112
Joint resolutions, resolving clause of 112


governed by the same rules as bills 112
amendment of 112
of State legislatures .. 112
distinction between bills and 112,113


Journal, House shall keep and publish 113
what portions of, may not be published 113
yeas and nays to be entered on, on demand of one-fifth of members 113
veto message, and yeas and nays thereon, to be entered on 113
House may judge what are "proceedings" 113
proceedings resulting from erroneous announcement of vote not to


be entered on 113
what not to be placed on 113
Speaker shall examine, before it is read 114
when read 114
what portion of, not read 114
written motions to be inserted on. .. 114
motion to be entered on, must be entertained by Chair 114
name of member offering petition to be entered on 114
hour of motion to adjourn to be entered on 114
petitions to be entered on 114
absentees on roll-call in Committee of the Whole to be entered on_ 114
names of members not voting to be entered on 115
date of presentation of bill to be entered on 115
demand to enter protest on, not a privileged question 115
vote to lay on table motion to amend, does not carry 115
erroneous entry of a vote on, may be corrected. 115
a vote under a misapprehension cannot be changed on 115
questions of order to be put together at end of 115
primary distribution of, when to be made 115
printed copy to be sent to governors and legislatures of States 115


WDEX TO BARCLAY'S DIGEST.
237


Page.
Journal, extracts from, shall be admitted as evidence in courts


115
Judiciary, Committee on, when appointed, and of what number 115


its duties 116


L.
Laws of the United Stales, Little & Brown's edition of, to be contracted for,


number contracted for, and distribution of.... 116,117
renewal of contracts for . 117
when approved, to be printed for the use of the


House 117
Library of Congress, first appropriation for 117


who are to make regulations for
118


President appoints librarian of
118


who may take books from
118


joint committee on
118


who may take•books from, privilege extended
118


law library established 119




supreme judges to make regulations for 119
Joint Committee on, when appointed, and of what num-


ber 119




its duties 119
Library of the House, two copies of all documents to be kept in 119
Lie on the table, motion to, for what purpose usually made 119


precedence of 120
not debatable 120
in general, carries whatever is connected with


subject of it 120
exceptions to the foregoing 120
not precluded by order of the main question ..... 120
when it cannot be repeated 120
in order at, every now stage 120
and motion to print, both pending 120,121
a negative vote on, May be reconsidered... 121
effect of laying on table motion to reconsider 121
in order, pending consideration of Senate amend-


ments to a bill 121
propositions which lie on the table one day with-


out motion 121
Lithographing. (See Engraving.)
Lobby, in case of disturbance in 121


M.


Mace, to be provided for Sergeant-at-arins
to be borne by the Sergeant-at-arms when in execution of his office..


Maps, not to be printed without special direction. (See Engraving)
Manulizetures, Committee on, when appointed, and number of


no ditties assigned to
Meeting of Congress, on the first Monday in December annually


on the call of the President ....... . .....
first, to take place on the 4th of March
usual proceedings at the first
when members assemble
when called to order by the Clerk
first roll-call of members
who shall bo placed on roll
election of Speaker ordered
tellers appointed
nomination for Speaker


121
122
122
122
122
122
122
122
122
122
122
122
123
123
123
123




238 INDEX TO BARCLAY'S DIGEST.


Page.
Meeting of Congress, voting for Speaker 123


announcement of vote 123
where no one elected 123
where Speaker elected. .. .. 123
conducted to chair and sworn 123
in case of vacancy in the office of Clerk .. 124
members and delegates sworn 124
Senate notified of quorum, &c 124
proceedings at the first, Joint Committee to wait on


President 124
rules of last House adopted 124
election of officers 125
hour of daily meeting fixed 125
newspapers ordered 125
occasions of delay in the organization at 125
contested seats 125
chairman appointed 125
failure of majority to elect ............ ..... ..... 125
Clerk presides 125
Speaker elected by plurality vote 126
usual proceedings at a second session :


roll called 126
Senate notified of quormn 126
committee to wait on President 126
hour of meeting fixed. ... . . 126


Members, qualifications of 126
who shall not be. 126
House shall judge of qualifications, &c., of, (See Elections, Con-


tested) 127
elections for, when and how held 127
to be elected by single districts ... .. 127
roll of, how made out at meeting of Congress. 127
vacancies of, how filled 127
shall receive compensation 128
oath to be administered to, by whom, and when 128, 141, 142
not to be appointed to office created during term of, &c 128
Government officers not to be 123
not to be appointed electors 128
privileges of. (See Privilege) 128
may be expelled and punished 128
right of, to resign 190
compensation of, in case of vacancy 129
bribery of 129
acceptance of bribes by 129
forbidden to act as claim agents for pay 129
not to be interested in contracts 129
not to practice in Court of Claims 130
not to receive compensation for services where as a party 130
franking privilege of 130
must frank with written autograph 130
complete set of Globe to be furnished to 131
shall not be absent without leave. (See Compensation and Calls of


the House)
deportment of, in the House -
shall not visit Clerk's desk while vote is being taken
shall not vote where interested, or not in bar ............ _ . _ ..._
shall vote if in the House, if not excused
in voting, names of, to be 'called alphabetically
need not serve on more than two committees


Memorials. (See Petitions.)


IN EX TO BARCLAY'S DIGEST.
239


Page.
Messages from the President, giving information of the state of the Union,


&c., to be sent from time to time
a n n nal, when communicated
how announced
when taken up
always read


number of extra copies of annual, usually printed.
(See Printing, Public)


should generally be sent to both houses on same
day


of approval of, or failure to return bills
of approval, to be read at Clerk's desk


Messages from the Senate, Doorkeeper shall announce .. ..




by whom to be sent
may be received when in Committee of the Whole.




should be received at once




where error committed in
to be reported at Clerk's desk on announcement


Mileage, amount of, allowed to members
when to be paid
not allowed to certain members at March session
accounts for, to be kept by Sergeant-at-arms .
forfeiture of, in certain case
constructive, not allowed where a member dies
distance to be ascertained and reported by the Committee on


Mileage, Committee on, when appointed, and number of
duty of


Military Ajitirs, Committee on, when appointed, and number of
its duties


Military Academy, three members to be appointed as visitors to
Militia, Committee on, when appointed, and number of


its duties


Mines and Mining, Committee on, when appointed, &c
Modification of motions
Morning hour, what is


when it commences to run
Morning hour on. Mondays
Motions, when question of consideration of, to be put


when made and seconded, to be stated, &c
shall be reduced to writing if required
to be entered on the Journal, must be entertained
may be withdrawn before decision or amendment
precedence of various
member may submit more than one
such as cannot be repeated at same stage, &c
may be committed at the pleasure of the House
always in order
precedence of; to commit or refer....
to adjourn, hour of, to be entered on the Journal
to strike out and insert, not divisible
to strike out enacting words
original, in committee
(See the various motions under their respective names.)


N.


Naval Affairs, Committee on, when appointed, and number of .......... 139
its duties
140


Newspapers, none except Congressional Globe to be furnished 140
reporters for, to be admitted to galleries on conditions.... 140


I fry•


131
131
131
131
132
132
132


132
132
133
133
133


133


133
133
134
134
134
134
134
134
134
134
135
135
135
135
135
135
135
136
136
136
136
136
136
136
137
137
137
137
138
138.
138
138
138
138
138
139
139
139
139
139
139
139
139




240 INDEX. TO BARCLAY'S DIGEST.


. Page.
Nominations, where necessary


140
Notices, of bills. . 140


of amendments to the rules 141


0.
Oath, of members 141,142


of officers 141-143
of all persons employed by the Government 141-143
who may administer. 143


Objection days, what are. (See Private Bills and Private Business) 143
Officers of the House. (See Elections by the House, also Speaker, Clerk, Sergeant-


at-arms, Doorkeeper, and Postmaster.)
Order, the Speaker shall preserve 143


appeal on questions of 143
where member violates decorum 144
Committee cannot punish breach of 144
during a division, Speaker to decide question of, peremptorily


144
Speaker may call member by name when repeatedly called to


144
Sergeant-at-arms shall aid in the enforcement of 144
pending the election of Speaker, Clerk shall preserve 144
order of business. (See Business, Daily Order of.)
questions of. (See Appeal.)
special. (See Special Orders.)


P.
Pacific Railroad, Committee on . .


145
Papers, with whom to be left in case of conference 145


House which bas, to ask conference 145
withdrawal of


145
accompanying Senate bills 145


Parliamentary Practice, Jefferson's Manual to govern where applicable, &c.... 145
Patents, Committee on, when appointed, and number of . 146


its duties
146


Pay of members. (See Compensation.)
Personal explanation 146
Personality, to be avoided. (See Debate and Disorder) 146
Petitions, shall pass free in the mails 146


how presented, and to be entered on Journal
146


how ordered to be printed 146
from State legislatures 147
to be referred to the Court of Claims


147
withdrawal of, from the tiles 147
where it is desired to have presentation of, appear in newspapers 147
that portion of Journal containing, not read 148
name of member presenting, to be entered ou




...


unreported on at end of first session to remain with committee.... 144
Plurality, shall prevail on second ballot for committees 144


where Speaker has been elected by vote of 144
Points of Order. (See Appeal.)
Postmaster, election, term of office, and oath of . 143


appointees of, to be subject to approval of Speaker
148,141-


• 149
duties of, to superintend post office of House 149
to make return of United States property in his possession 149
other duties of . 149


Post Office and Post Roads, Committee on, when appointed, and number of.... 149
its duties 149


Postpone, motion to, order hi which to be put 149
not to be repeated on same day or stage




159
indefinitely, when carried, not to be acted on during session_ 150




INDEX TO BARCLAY'S DIGEST.
241


Page.




Postpone, motion to, order of business requires two-thirds vote
debated on


. effect of affirmative vote, when time arrives ......,..L... . 111555(00)




effect of previous question upon 150
Preamble, postponed until other parts through


150
in committee, last to be considered


151
at what stage of bill to be considered in House


151




subject to special demand of the previous question 151
President of the United States, to give information, &c., from time to time to


Congress 151
nifty convene Congress on extraordinary occa-


sions
151


may adjourn Congress, where two houses dis-
agree
151


bills to be presented to, after passage 151
his power over bills presented to him


151
must return bill in ten days


152
where ho approves a bill 152
where prevented from retti rn i i ig b i ll by


journment


152
bills to be enrolled before being presented to..


152
Committee on Enrolled Bills to present bills to. 152
time of presentation of bills to, to be reported.. 152
no bill to be presented to, on last day of session


152
joint address to 153
calls for information from, to be delivered by


153
form of call on ....
opening and counting of votes for ............ 153
to be opened and counted on second Wednesday 153
. in February


153
mode of examining and counting 153,154
committee appointed to notify of election


155
when choice of shall devolve on the House


155
votes for, how taken 155
quorum for such purpose . 155
rules of the House in the election of 155
whore House fails to choose before 4th March


155
Previous question, order in which motion for, to be received 156


form of 156
must be seconded by a majority 156
effect of 156
may be called on an amendment and notprechide further


debate 156
after the second of, a call not in order, unless no quorum


present 156
right of members reporting not affected by 156
no debate on, or on incidental questions 157
reconsideration of a preceding vote may be moved pend-


ing a demand of 157
yeas and nays not in order on seconding 157
effect of negative vote on ordering main question 157
member who has already spoken may move 157
where vote taken under operation of, is considered. 157
not in order to reconsider where partly executed 157
may be moved on a resolution on resolution day 157
is exhausted by an affirmative vote on reference 158
motion to recommit not in order after ordered_.- - --. 158
demand of, cannot be laid ou the table 158
does not cut off instructions




158
B D-16




242 • INDEX TO BARCLAY'S DIGEST. INDEX TO BARCLAY'S DIGEST. 243


Page
170
170
170
171
170
170
170
170 ,
170
170
171
171


171,172
172
172
173


173


17:3
173
173


Page.


Previous question, exhausted after vote on questions of order, reconsideration,
and postponement


modification not, in order after second of, nor withdrawal.
may be moved at same time with a resolution
applies to questions of privilege
atter second of, not in order to go into Committee of the


Whole 158
Public, Superintendent to have executed 158


to be promptly executed 159
none other than, to be executed in Government Office .... 159
Superintendent shall receive and deliver 159
engravings required to illustrate 159
condition, cost, &c., of, to be reported to Congress 159
regular number of documents to be printed .. ...... 159


bills passed in one house and ordered printed for the other.
161l


to priot extra numbers


at what stage House bills are usually printed 160
maps not to be printed without special order 160
of documents accompanying reports of heads of Depart-


melds .. 160
number of bills and joint resolutions limited 160


. of " commercial relations" 162
form and style of, to be determined by Superintendent 164
heads of Departments to send manuscript to Superintend-


ent 161
when reports are to be finished. 161
number and distribution of President's message ... 161
oilers for carrying the mail not to be printed without


special order - ... 162
Secretary of Senate to furnish copy of laws for printing 6
lithographing and engraving


11 33


of envelopes, &c., from steel or copper plate prohibited 16:3
where extra copies are desired by any person 163
papers relating to foreign affairs 164
to be done only on written order 165
of bills and resolutions, number of 165
Congressional Directory 165
annual reports of executive Departments 165
report of the Secretary of the Navy 165
estimates of paper required 166
standard of paper to be fixed by joint committee 166
advertisements for proposals for paper ... 166
contracts for paper to be awarded by joint committee . _ _ _ 166
default of contractor for paper 167
duty of Superintendent on delivery of paper 167


no greater number of reports to be printed, unless other-
wise directed


report of Postmaster General.
office of Superintendent of, abolished, and that of Con-


gressional Printer created 168
Clerk of House to designate printer when Government


Office unable to execute
for Departments to be done at Government Printing


no payments to be allowed when not done there
... 168,169


169Office


extra copies, exceeding iu cost $500, must be ordered by
concurrent resoluti( in


Joint Committee on, to be appoilited...
power and duties of
motions to print extra copies to be referred to


Printing, Joint Committee on, may cause sheets to be dry-pressed. .


House members of, may direct binding of extra documents.
may control order in printing ....




may report at any time




shall report on engraving, tk
e


engravings to be procured under the direction of
shall appoint persons to edit certain documents .
to direct engraving contracts




to direct furnishing of extra documents


shall have index to laws prepared


shall report on engraving
Priority of business, questions relating to, not debatable




Priority of questions


Private bills and private business, distinction between public and
take precedence on Fridays told Saturdays




may be considered on other (la y •
after disposing of, (on Fridays and Saturdays,) majority may


deteriiiine what to consider


on Fridays and Saturdays, a motion to go to private calendar
takes precedence


Private bills and private business, from the Court of Claims




by usage, go to private calendar


on first and fourth Fridays and Saturdays of mouth, pri va to cal-
endar taken up. (See Committee of Ike 111010..


173
Private Land Claims, Committee on, when appointed, and !lumber of ....


174
its duty
174


Privilege, from arrest 174
members not to be questioned for speech or debate


174
House may expel its members


174
penalties for breach of




Privilege, questions of, take precedence of other business


174,175
175


duty of the Speaker in reference to 175
cases of, which have arisen


177
previous question applies to




175-
177


Privilege of the floor. (See Floor, privilege of admission. on.)
Privileged questions, what are . .






177,178
Protest, not a matter of right to present and have entered on Journal


178




demand to enter on .Journal not a question of .privilege ....... ._
115


Public Buildings and Grounds, Committee on, when appointed, and number of
178


its duties. ...
178


Public Documents, what are.
....


178




each member to receive a bound copy of


179
additional copy of, to each member




179
extra copies of, how distributed.




179




two copies of, to be retained in library


179(See also Printing, Public, and Franking Privilege.)
Public Expenditures, Committee on, when appointed, and number of


179




its duties. 179
Public Lands, Committee on, when appointed, and number of


179
its duties
179


allowed a clerk
180


Public Printing. (See Printing, Public.)


Questions, Speaker shall rise to put


180
how put


180
decorum of members while being put.....




180
division of. (See Divisions of Questions.)
precedence of. (Sec Motions.)


158
158
158
158


Printing,


Printing,
169


• 169
169
169


168


168


168




244 INDEX TO BARCLAYS DIGEST. INDEX TO BARCLAY'S DIGEST., 245


Page.- Page.
Questions, do vote on 180
Quorum, a majority constitutes, ter business 180


power of. less than 180
what constitutes 180,181
one-fifth of, may order tellers ., 181
journal read daily on appearance of 181
want of, in Committee of the Whole, and on a division.. ...... 181
a count may be called for, when it is observed that, not present 181


R.
Railways and Canals, Committee on, when appointed, and number'of




its duties
Reading of papers, right of each member in regard to


how members may be deprived of right to
where objected to, and construction of rule in regard to..




• which cannot be called for
Recede, motion to, precedence of.
Reception. (See Consideration.)
Recess, may be taken .


motion for, a privileged question
less than a quorum cannot take .
cannot be taken pending a call
by adjournment ter more than three days, requires consent of Senate


Recommit, motion to, when in order.
after engrossment. of a bill. (Sec Commit, motion to)


Reconsider, motion to, who may make
when to be made
precedence of
cannot be withdrawn after next succeeding, day
any member may call up....
who may make in case of a do vote
who may make, when less than a majority prevails...
where vote is not by yeas and nays any member may


make
may be entered but not considered while another


question pending
may be entertained after papers gone from House
on private bill days
effect of pendency of, where House adjourns sine die...
not in order where subsequent action has resulted which


cannot be reversed.
not in order on bills introduced on Mondays ..
previous question is exhausted by vote on ..... .
Cannot be made a second time, unless an amendment is


subsequently adopted
orders of yeas and nays may be reconsidered.
also negative vote ou motion to lay on the table
may be laid on the table
laid on the table, not in order to take up
an amendment after engrossment
engrossment pending demand of previous question on


passage
decided affirmatively, brings subject of; before House..
recousiderat ion of vote taken under previous question,


effect of
applies to previous question, but not where partly exe-


cuted
not in order on vote refusing to pass a vetoed bill nor


on a vote on suspending the rules.




when not debatable


Refer, motion. to. (See Commit, motion to.)
Reporters, admitted to galleries under certain conditions




must. not be claim agents
.


of "Congressional Globe," occupy chairs in front of Clerk's desk,
and to be furnished with printed bills, &c


stenographic, and duties of
appointment of assistant stenographic




of the associated press


Reports of committees, undetermined at the close of a session. (See Committees)
Reports of Court of Claims. (See Claims, Court of.)
Reports of officers of The Government, list of, to be made to Congress, to be pre-


pared by the Clerk


Resignation of a member, right of
Resolutions, distinction between " orders" and


daily call for
not debatable on day of presentation




call for, when resumed._..
only one to be offered until all States and Territories called....
call for, on Mondays..




previous question may be called on, on Mondays


name of member who offers, to be entered on Journal


amendments to, not in order.


where concurrence of Senate is necessary........


calling for information from the President or Departments. (See
President and Executive Departments)




Resolutions of State and Territorial legislatures. (See Joint Resolutions.)
Restaurant, in charge of Committee on Public Buildings and Grounds




Revision of Me Laws, Committee on, when appointed, and number of....


Revolutionary Claims, Committee on, when appointed, and number of


its duties


. .....


Revolutionary Pensions, Committee on, when appointed, and number of


its duties ._ ..
shall take charge of pensions to soldiers


of 1812.
Rooms in the Capitol, unappropriated, to be at the disposal of the Speaker...
Rules, each House may determine its




not to be changed without ono day's notice
motion to suspend, requires two-thirds, generally.... ....
majority may suspend, to go into Committee of the Whole on the state


of the Union, &e


when in order to move suspension of


when not in order to move suspension of


motion to suspend, not debatable, nor amendable


pending motion for a recess, or to adjourn, not in
order


cannot be laid on the table or postponed indefi-
nitely




vote on, cannot be reconsidered
where suspension of, for a particular purpose
no modification after suspension of
motion to suspend, may embrace several bills
joint, may be suspended by a majority vote


cannot be changed mider color of amendment




present, to continue, unless otherwise ordered


S.
Saturday. (See Private Bills and Private Business.)
Scats of members, what has been customary in regard to


195




removal of desks and seats
195,196


182
182
182
182
182
183
183


183
183
183
183
184
184
184
184
184
184
184
184
184
184


184


185
185
185
180


185
185
186


186
186
186
186
186
186


186
186


187


187


187
187


188
188


188
188
189
189
189


190
190
190
190
190
191
191
191
191.
191
191
192


192


192
192
192
192
193
193


193
193
193
193
193


194
194
194
194


194


194
194
195
195
195
195
195
195




246 INDEX TO BARCLAY'S DIGEST. INDEX TO BARCLAY'S DIGEST. 247
Page.


Seals of members, restoration of the desks and seats 196
form of resolution for the selection of 196


Secret session, held when confidential communication made by the President,
or upon suggestion by Speaker . 196




officers sworn to keep the secrets of the House 197




House need not publish Journal of proceedings of 197
Seeds, may be franked 197
Senate, orders, &e., requiring concurrence of, to lie over one day 197


members of, and their Secretary, admitted within the hall. (See also
Messages from the Senate) 197


Sergeant-at-arms, when to be elected, and term of office 197
oath of office of 142, 143, 197
vote for, to be taken viva rocs 197
his duties 198
Conunittee on Mileage to report to 198
excess of stationery to be deducted by, from pay of mem-


bers 198
shall give bond . . 198
symbol of office 198
tees of 198, 199
to discharge certain ditties of Cleric in case of vacancy.... 199
to appoint Capitol police, &c., and make rules concerning




the Capitol - - -
to enffirce 19th joint rule 199
to make full return of Government property in his posses-


sion
Smithsonian Institution, Regents of, to be appointed by the Speaker


report of, to be made to Congress annually
Speaker, House shall choose


when elected 200
oath of ..... . . 142, 143, 200
by whom oath of, to be administered. (See Heeling of Congress). _ - 200
oath to be administered to members and Clerk by.--- 200
wheOto act as President of the United States 201
compensation of. (See Compensation) . 201
his duties, &c., when to call House to order 201


shall preserve order . 201
has preference in speaking to questions of order only. 201
may submit questions as to proper practice in a


given case 201
shall rise to put a question 201
form in which he shall put question 202
when Ile may divide the House 202
when he may have tellers 202
decorum of members while, putting question or ad-


dressing. the House 202
shall decide point of order during a division peremp-


torily
breach of order by, not to put a question
when he shall vote.
shall name member entitled to the floor
shall call to order member transgressing rules in


speaking
when motion shall be stated by
may require a motion to be in writing
may put question of consideration when he deems


it necessary
shall examine the Journal
shall have direction of the hall
shall name chairman for the day


Page.
Speaker, his (baits, &c., where ill, Speaker pro tempore may be appointed... 203


may be removed and Speaker pro tempore appointed. '203
shall appoint chairman of the Committee' of the


Whole


shall appoint committees unless House direct other-
wise


shall appoint three regents of the Smithsonian In-
stitution


shall appoint three visitors to West Point
may order the galleries or lobby cleared iu case ofdisorder
204




shall have direction of petitions presented.


204




estimates of appropriations to be addressed to


204
may admit reporters and stenographers to the gal-


lery
shall sign acts, writs, &e.




shall sign cheeks for compensation of members


amount of compensation and mileage of members to
be certified by


certificates of, as to compensation, to be conclusive
at t he Treasury


shall fix amount and approve bond of Sergeant-at-
arms-


divine service in the hall not permitted without
consent of




shall have disposal of rooms iu the Capitol_
,


with the Vice-President, prescribes rules in regard
to the Capitol


shall prescribe rules for part of Capitol occupied by
House


with the Vice-President, shall fix pay of police of
Capitol


. .


duty of, Where witness fails to appear or testify....


pending election of, Clerk to preserve. order, &c
Speaker pro tempore, the Speaker may name, for the day.


. .


where Speaker ill, House may- appoint




where House removes Speaker, it may appoint.


Speaker's table. (See Business. on Speaker's Table.)
, Special orders, made under a suspension of the rules




require two-thirds, except in ease of general appropriation
207
207
207
207
208
208


199


199
200
200
200


202
202
202
202


203
203
203


203
203
203
203


203


203


203
204


204
204
205


205


205


205


205
205


205


206


206
206
206
206
206
206


207
bills


forms of resolution for making.
may be postponed.


where two, are made for the same day


motion to stipend the rules not in order pending
_


_ . .....


debate on, in Committee of the Whole


State legislatures, resolutions of. (See Joint Resolutions.)
Stationery, to be procured by contract


208
Clerk to advertise for proposals for.


208
when proposals for to be opened


208
to whom contract for, to be awarded


209
liability of contractor for, failing to supply


209
Cleric to purchase
209


preference to be given to American manufacture in purchase of
209


record of bills and invoices of, to be kept
. 209


Clerk to deliver to members, &.c


209, 210
where member receives more than his allowance.


209
allowance of, to members


210
Stenographers. (See Reporters.)
Strike oat, motion to, and insert, not divisible


210




248 INDEX. TO BARCLAY'S DIGEST.




• Page.
Strike out, motion to, effect of, being lost ... 210




before put, paragraph may be perfected 210
and insert agreed to, to strike out words inserted not in


order 210
portion of original paragraph including what was in- ' 210




sorted, in order. (See Amendment) . 210
Strike out enacting clause. (See Enacting Clause, motion to strike out.)
Subpawas, to be under hand and seal of Speaker, &c
Sunday, House may determine whether to sit on
Suspension of tlw rules. (See Mutes.)


T.


Taxes, motion for, to be first discussed in Committee of the Whole
Tellers, when vote to be taken by


of the vote iii elections


211,212
211


212
212Territories, Committee on, when . appointed, and number of
212its duties
212Thanks to the Speaker, resolution of, in order at any time
212Tie vote, in case of, Speaker to vote
212Speaker to vote where his vote will make....
212


of
•.


213who may move reconsideration in case of


.U.


Unfinished business, when to be resumed... _




of previous session, when to be resumed
from the Court of Claims


V.


Viva voce, in election of officers, vote to be taken
"Voting, different modes of


Veto, •return of bill with objection




every member in House shall vote unless excused




objections to be entered on the Journal and bill considered
yeas and nays shall be taken on vote of reconsideration.


message read upon its reception - .


proceedings in case of --


bill or message may be referred or laid on the table


no reconsideration of vote taken on passage of vetoed bill


consideration may be postponed


what is the main question in case of
two-thirds necessary to pass bill after....
motion to proceed to consider, privileged question


bill must be returned in ten days ..----


where President is prevented by adjournment from returning bill ._..


.•
while engaged in, point of order to be decided peremptorily..


when motion to be excused from, not iu order
when motion to be excused from, to be made


no member to vote where interested
no Member to vote if without the bar. (See Bar of the House)
Where Speaker shall vote


member out on a conference, right to vote
mimes of members not, to be recorded
Member has right to change vote before result announced
record of vote cannot be amended because of misapprehension of


effectof a tie vote:. .. ........ ...........


. 214


216, 217


213
21:3
214


214


214


214
214
214
214
215
215
215
215
215
216
216
216
216


217
217


217


216


217


217




question


INDEX TO BARCLAY'S DIGEST.


W.
Warrants, writs, 4'c., to be nnder hand and seal of Speaker, &c ............Ways and Means, Committee of,


when appointed, and of what number......its duties




-


......... ......


authorized to employ a clerk .......Withdrawal of motions, when in order....
Mthd


•awal of papers. (See Papers.)


.....


Witnesses, are summoned by authority of the House.




subpcenas for, to be under hand and seal of Speaker


....


Sergeant-at-arms shall execute subpoenas


.


who ofmay
... administer oaths to




...


fe
failure of, to appear or testify—penalties....


duty of Speaker ou failure of, to appear or testify
testimony of; not to be used against






otficial paper produced by


ma forperjury .Writing, motions
be topunished


be reduced to
pe


,r if required




words excepted to, to be reduced to


V.
Yeas and Nags, may be entered on Journal, if desired by one-fifth of mem-bers....




required to be taken on passage of vetoed bill
when demand for, may be made




a quorum not necessary on ordering


after refusal of, demand not in order


order or refusal of, may be reconsidered


not in order on seconding demand for previous question....
not in order in Committee of the Whole


in taking, names to be called alphabetically
Clerk's desk not to be visited while, being taken


after one response on, roll-call must progress


every member present shall vote unless excused


when motion to be excused to be made


no member to vote where interested


no member to vote when outside bar


where member is absent


vote may be changed before decision pronounced


record of. not to be changed because of misapprehension of
. _


question


member of conference committee absent
names of members not voting to be recorded
B D--17


C


249


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..... • • •