April 7, 1789. R. 30. On the first and fourth Friday of each month, the calendar of private bills shall be called over, (the chairman of the Committee of the Whole House* 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. OF DECORUM AND DEBATE. R. 31. 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;' Dec. 23, [and shall confine himself to the question under debate, and avoid personality.] 1811. April 7, 1789. Dec. 18, 1847. R. 32. Members may address the House or committee from the Clerk's desk, or from a place near the Speaker's chair. R. 33. When two or more members happen to rise at once, the Speaker shall name the member who is first to speak. R. 34. 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 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 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 April, 1828, made no exception in favor of the clause, for a majority, contained in this rule, and that therefore that provision was annulled. There have been three appeals upon this point, but the House in all instances affirmed the decision in favor of two-thirds. The House sometimes adjourns on Thursday, and frequently on Friday, till the following Monday. * A Committee of the whole House considers local or private bills. A Committee of the whole House on the state of the Union, public bills. against any amendment that may be offered to the amendment; and neither the amendment nor an amendment to the amendment shall be withdrawn by the mover thereof, unless by the unanimous consent of the Committee. R. 35. 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 down, unless permitted to explain; and the House shall, if appealed to, decide 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. 1837 R. 36. If a member be called to order for words spoken Sept. 14, 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 business has intervened, after the words spoken, and before exception to them shall have been taken. April 7, 1789. 1840. R. 37. No member shall speak more than once to the same question, without leave of the House,‡ [unless he Jan. 14, be the mover, proposer, or introducer of the matter pending; in which case, he shall be permitted to speak in * See rule 2, with note appended to it. That part of this rule which is printed in italic was adopted on the 13th March, 1822, with the exception of the words "in case any member object," which were inserted on the 14th September, 1837. + This rule, as originally adopted on the 7th April, 1789, permitted a member to speak twice, and ended with the word House. It remained unchanged until the 14th January, 1840, when it was established as it now stands. ADOPTED. April 7, 1789. April 7, 1789. 1837. April 7, 1789. reply, but not until every member choosing to speak shall have spoken.] R. 38. 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 permitted again to speak without leave.* R. 39. While the Speaker is putting any question, or addressing 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. [Every member shall remain uncovered during the session of the House. 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.] R. 40. 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 Sept. 14, of the House when the question was put.‡ [And when any member shall ask leave to vote, the Speaker shall propound to him the question-" Were you within the bar when your name was called?"] 1837. * There is no proceeding in the House to which this rule can be applied. It was originally framed in reference to that law of Parliament which says that all pending questions are lost by adjournment, and to be again considered must be moved anew. In the rules as revised and established on the 7th January, 1802, the prohibition 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. Of late, differences of opinion have occasionally arisen as to the kind of interest 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 bills 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. + As originally adopted, the word present was used in this rule where the words "within the bar of the House" now appear. The alteration was made on the 14th September, 1837. R. 41. Upon a division and count of the House on any question, no member without the bar shall be counted. R. 42. Every member who shall be in the House when the question is put shall give his vote, unless the House, for special reason, shall excuse him.* [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 further debate.t] · ADOPTED. Nov. 13, 1794. April 7, 1789. Sept. 14, 1837. 1789. R. 43. When a motion is made and seconded, it shall April 7 be stated by the Speaker; or, being in writing, it shall be handed to the Chair, and read aloud by the Clerk, before debated. R. 44. Every motion shall be reduced to writing, if the 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 withdrawn on the same day on which it was submitted.] R. 45. After 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. March 26, 1806. April 7, 1789. 1822. R. 46. When a question is under debate, no motion March 13, shall be received but to adjourn, to lie on the table, for 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 arranged;§ and no motion to postpone to a * By rule 41, 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 of the House. †That part of rule 42 which allowed a brief verbal statement of reasons to he given by any member for requesting to be excused from voting, rescinded January 2, 1845.-Journal H. R., 115. + See Rule 119. This rule, as originally established, April 7, 1789, read thus; "When a ADOPTED. March 13, 1822. April 7, 1789, and Jan'y 14, 1840. 1794; Mar. 13, 1822. 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. R. 47. When a resolution shall be offered, or a motion made, 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. R. 48. A motion to adjourn, and a motion to fix the day to 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.t] * 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 previous 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; 4th, 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; 4th, 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. * 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 adjourn. 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. 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 go 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 March, 1824. On the 13th March, 1822, a rule was also adopted against |