SECTION XVI.

MOTIONS.

WHEN a motion has been made, it is not to be put to the question or debated until it is seconded. [Scob. 21. ]

It is then, and not till then, in possession of the House, and cannot be withdrawn but by leave of the House.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.]

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

SECTION XVII.

RESOLUTIONS.

WHEN the House commands, it is by an order.' But facts, principles, their own opinions, and purposes are expressed in the form of resolutions.

SECTION XVIII.

BILLS, LEAVE TO BRING IN.

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

Re. 114, Ho. Reps. page 99.

moving for leave to bring in a bill entitled, &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 on this Committee, and one or more in addition. [Hakew. 132. ]

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

Re. 116, Ho. Reps.

page 99.

SECTION XIX.

BILLS, FIRST READING.

WHEN a bill is first presented, the Clerk reads it at the table and hands it to the Speaker, who, rising, states to the House the title of the bill, that this is the first time of reading it, and the question will be, whether it shall be read a second time? Then sitting down to give an opening for objections, if none be made, he rises again and puts the question whether it shall be read a second time? [Hakew. 137, 141. ] A bill cannot be amended at the first reading, [6 Grey, 286,] nor is it usual for it to be opposed then: but it may be done and rejected. [D'Ewes, 335, col. 1. 3 Hats. 198.]

Re. 117, Ho. Reps. page 100.

SECTION XX.

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. ]

IF on motion and question it be decided that the bill shall be committed, it may then be moved to be referred to a Committee of the whole house, or to a special Committee. If the latter, the Speaker proceeds to name the Committee. Any member also may name a single person, and the Clerk is to write him down as of the Committee. But the House have a controlling power over the names and number, if a question be moved against any one, and may, in any case, put in and put out whom they please.

bill.

6

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 For he that would totally destroy will not amend it. [Hakew. 146. Town, coll. 208. D'Ewes, 634, col. 2. Scob. 47,] or as is said, [5 Grey, 145,] the child is not to be put to a nurse that cares not for it. [6 Grey, 373.] It is, therefore, a constant rule, that no man is to be employed in any matter who has declared himself against it.' And when any member who is against the bill hears himself named of its Committee, he ought to ask to be excused. Thus, March 7, 1606, Mr. Hadley was, on the question being put, excused from being of a Committee, declaring himself to be against the matter itself. [Scob. 46. ]

Re. 8, H.

The Clerk may deliver the bill to any member of the Committee. [Town, col. 138. ] But it is usual to deliver it to him who is first Reps. p. 69. named.

In some cases the House has ordered a Committee to withdraw immediately into the Committee chamber, and act on, and bring back, the bill, the House continuing to sit. [Scob. 48. ]

A Committee meets 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.]

Re. 127, Ho. Reps.

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 page 102. paper is read first by the Clerk, and then by the Chairman by paragraphs, [Scob. 49, ] pausing at the end of each paragraph, and putting questions for amending, if proposed. In the case of resolutions on distinct subjects, originating with themselves, a question is put on each

Rule 34, Ho. Reps.

p. 76.

Custom

of House of Reps.

Re. 127,

p. 102.

separately, as amended, or unamended, and no final question on the whole. [3 Hats. 276.] But if they relate to the same subject, a question is put on the whole. If it be a bill, draught of an Address, or other paper originating with them, they proceed by paragraphs, putting questions for amending, either by insertion or striking out, if proposed; but no question on agreeing to the paragraphs separately. This is reserved to the close, when a question is put on the whole, for agreeing | to it as amended, or unamended. But if it be a paper referred to them, they proceed to put questions of amendment, if proposed, but no final question on the whole; because all parts of the paper having been adopted by the House, stand of course, unless altered, or struck out by a vote. Even if they are opposed to the whole paper, and think it cannot be made good by amendments, they cannot reject it, but must report it back to the House without amendments, and there make their opposition.

The natural order, in considering and amending any paper, is, to begin at the beginning, and proceed through it by paragraphs; and this order is so strictly adhered to in Parliament, that when a latter part has been amended, you cannot recur back and make any alteration in a former part. [2 Hats. 90.] In numerous assemblies this restraint is doubtless important.

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.]

When the Committee is through the whole a member moves that the Ho. Reps. Committee may rise, and the Chairman report the paper to the House, with or without amendments, as the case may be. [2 Hats. 289, 292. Scob. 53. 2 Hats. 290. 8 Scob. 50. ]

When a vote is once passed in a Committee, it cannot be altered but by the House, their votes being binding on themselves. June 4, 1607. The Committee may not erase, interline, or blot the bill itself, but must, in a paper by itself, set down the amendments, stating the words which are to be inserted or omitted, [Scob. 50, ] and where, by references to the page, line and word of the bill. [Scob. 50. ]

SECTION XXII.

Rule 25,

REPORT OF COMMITTEE.

THE Chairman of the Committee, standing in his place, informs the Ho. Reps. House that the Committee, to whom was referred such a bill, have, according to order, had the same under consideration, and have directed

p 74.

him to report the same without any amendment, or with sundry amendments, (as the case may be) which he is ready to do when the House pleases to receive it. And he, or any other may move that it be now received. But the cry of 'Now, now,' from the House, generally dispenses with the formality of a motion and question. He then reads the amendments with the coherence in the bill, and opens the alterations, and the reasons of the Committee for such amendments until he has gone through the whole, He then delivers it at the Clerk's table, where the amendments reported are read by the Clerk, without the coherence, whereupon the papers lie on the table till the House, at its convenience, shall take up the report. [Scob. 52. Hakew. 148.]

The report being made, the Committee is dissolved, and can act no more without a new power. [Scob 51.] But it may be revived by a vote, and the same matter recommitted to them. [4 Grey, 361. ]

Re. 107,

Ho. Reps.

page 97.

SECTION XXIII.

BILL, RECOMMITMENT.

AFTER a bill has been committed and reported, it ought not, in an ordinary course, to be recommitted. But in cases of importance, and for special reasons, it is sometimes recommitted, and usually to the same Committee. [Hakew. 151.] If a report be recommitted before agreed to in the House, what has passed in Committee is of no validity; the whole question is again before the Committee, and a new resolution must be again moved, as if nothing had passed. [3 Hats. 131, note. ]* A particular clause of a bill may be committed without the whole bill, [3 Hats. 131, ] or so much of a paper to one, and so much to another Committee.

SECTION XXIV.

BILL, REPORT 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

* In the Senate, January, 1800, the Salvage Bill was recommitted three times after the commitment.

Rc. 135, Ho. Reps.

p. 103.