CHAPTER XIII.OF THE QUESTION.

CHAPTER XIII.OF THE QUESTION.233.When any proposition is made to a deliberative assembly, it is called amotion; when it is stated or propounded to the assembly, for their acceptance or rejection, it is denominated aquestion; and, when[p125]adopted, it becomes theorder,resolution, orvote, of the assembly.234.All the proceedings, which have thus far been considered, have only had for their object to bring a proposition into a form to be put to the question; that is, to be adopted as the sense, will, or judgment, of the assembly, or to be rejected; according as such proposition may be found to unite in its favor, or to fail of uniting a majority of the members.235.When any proposition, whether principal, subsidiary, or incidental, or of whatever nature it may be, is made, seconded, and stated, if no alteration is proposed,—or if it admits of none, or if it is amended,—and the debate upon it, if any, appears to be brought to a close, the presiding officer then inquires, whether the assembly is ready for the question? and, if no person rises, the question is then stated, and the votes of the assembly taken upon it.236.The question is not always stated to the assembly, in the precise form in which it arises or is introduced; thus, for example, when a member presents a petition, or the chairman of a committee offers a report, the[p126]question which arises, if no motion is made, is,Shall the petition or the report be received?and, so, when the previous question is moved, it is stated in this form,Shall the main question be now put?—the question being stated, in all cases, in the form in which it will appear on the journal, if it passes in the affirmative.237.In matters of trifling importance, or which are generally of course, such as receiving petitions and reports, withdrawing motions, reading papers, etc., the presiding officer most commonly supposes or takes for granted the consent of the assembly, where no objection is expressed, and does not go through the formality of taking the question by a vote. But if, after a vote has been taken in this informal way and declared, any member rises to object, the presiding officer should consider every thing that has passed as nothing, and, at once, go back and pursue the regular course of proceeding. Thus, if a petition is received, without a question, and the clerk is proceeding to read it, in the usual order of business, if any one rises to object, it will be the safest and most proper course, for the presiding officer to require a[p127]motion for receiving it to be regularly made and seconded.238.The question being stated by the presiding officer, he first puts it in the affirmative, namely:As many as are of opinion that—repeating the words of the question,—say aye; and, immediately, all the members who are of that opinion answeraye; the presiding officer then puts the question negatively:As many as are of a different opinion say no; and, thereupon, all the members who are of that opinion answerno. The presiding officer judges by his ear which side has “the more voices,” and decides accordingly, thatthe ayes have it, orthe noes have it, as the case may be. If the presiding officer is doubtful as to the majority of voices, he may put the question a second time, and if he is still unable to decide, or, if, having decided according to his judgment, any member rises and declares that he believes theayesor thenoes(whichever it may be)have it, contrary to the declaration of the presiding officer,[Footnote34]then the presiding officer directs the assembly to divide, in order that[p128]the members on the one side and the other may be counted.239.If, however, any new motion should be made, after the presiding officer’s declaration, or, if a member, who was not in the assembly-room when the question was taken, should come in, it will then be too late to contradict the presiding officer, and have the assembly divided.240.The above is the parliamentary form of taking a question, and is in general use in this country; but, in some of our legislative assemblies, and especially in those of the New England states, the suffrages are given by the members holding up their right hands, first those in the affirmative, and then those in the negative, of the question. If the presiding officer cannot determine, by the show of hands, which side has the majority, he may call upon the members to vote again, and if he is still in doubt, or if his declaration is questioned, a division takes place. When the question is taken in this manner, the presiding officer directs the members, first on the affirmative side, and then on the negative, to manifest their opinion by holding up the right hand.[p129]241.When a division of the assembly takes place, the presiding officer sometimes directs the members to range themselves on different sides of the assembly-room, and either counts them himself, or they are counted by tellers appointed by him for the purpose, or by monitors permanently appointed for that and other purposes; or the members rise in their seats, first on the affirmative and then on the negative, and (standing uncovered) are counted in the same manner. When the members are counted by the presiding officer, he announces the numbers and declares the result. When they are counted by tellers or monitors, the tellers must first agree among themselves, and then the one who has told for the majority reports the numbers to the presiding officer, who, thereupon, declares the result.242.The best mode of dividing an assembly, that is at all numerous, is for the presiding officer to appoint tellers for each division or section of the assembly-room, and then to require the members, first those in the affirmative, and then those in the negative, to rise, stand uncovered, and be counted; this being done, on each side, the tellers of the several[p130]divisions make their returns, and the presiding officer declares the result.243.If the members are equally divided, the presiding officer may, if he pleases, give the casting vote; or, if he chooses, he may refrain from voting, in which case, the motion does not prevail, and the decision is in the negative.244.It is a general rule, that every member, who is in the assembly-room at the time when the question is stated, has not only the right but is bound to vote; and, on the other hand, that no member can vote, who was not in the room at that time.245.The only other form of taking the question, which requires to be described, is one in general use in this country, by means of which the names of the members voting on the one side and on the other are ascertained and entered in the journal of the assembly. This mode, which is peculiar to the legislative bodies of the United States, is called taking the questions by yeas and nays. In order to take a question in this manner, it is stated on both sides at once, namely:As many as are or opinion, that, etc., will when their names are called, answer yes; andAs many as are[p131]of a different opinion will, when their names are called, answer no; the roll of the assembly is then called over by the clerk, and each member, as his name is called, rises in his place, and answersyesorno, and the clerk notes the answer as the roll is called. When the roll has been gone through the clerk reads over first the names of those who have answered in the affirmative and then the names of those who have answered in the negative, in order that if he has made any mistake in noting the answer, or if any member has made a mistake in his answer, the mistake of either may be corrected. The names having been thus read over, and the mistakes, if any, corrected, the clerk counts the numbers on each side, and reports them to the presiding officer, who declares the result to the assembly.246.The following is the mode practised in the house of representatives of Massachusetts, (which is by far the most numerous of all the legislative bodies in this country,) of taking a question by yeas and nays. The names of the members being printed on a sheet, the clerk calls them in their order; and as each one answers, the clerk (responding to[p132]the member, at the same time) places a figure in pencil, expressing the number of the answer, at the left or right of the name, according as the answer is yes or no; so that the last figure or number, on each side, shows the number of the answers on that side; and the two last numbers or figures represent the respective numbers of the affirmatives and negatives on the division. Thus, at the left hand of the name of the member who first answersyes, the clerk places a figure 1; at the right hand of the first member who answersno, he also places a figure 1; the second member that answersyesis marked 2; and so on to the end of the list; the side of the name, on which the figure is placed, denoting whether the answer isyesorno, and the figure denoting the number of the answer on that side. The affirmatives and negatives are then read separately, if necessary, though this is usually omitted, and the clerk is then prepared, by means of the last figure on each side, to give the numbers to the speaker to be announced to the house. The names and answers are afterwards recorded on the journal.247.In any of the modes of taking a question, in which it is first put on one side, and[p133]then on the other, it is no full question, until the negative as well as the affirmative has been put. Consequently, until the negative has been put, it is in order for any member, in the same manner as if the division had not commenced, to rise and speak, make motions for amendment, or otherwise, and thus renew the debate; and this, whether such member was in the assembly-room or not, when the question was put and partly taken. In such a case, the question must be put over again on the affirmative as well as the negative side; for the reason, that members who were not in the assembly-room, when the question was first put, may have since come in, and also that some of those who voted, may have since changed their minds. When a question is taken by yeas and nays, and the negative as well as the affirmative of the question is stated, and the voting on each side begins and proceeds at the same time, the question cannot be opened and the debate renewed, after the voting has commenced.248.If any question arises, in a point of order, as, for example, as to the right or the duty of a member to vote, during a division, the presiding officer must decide it peremptorily,[p134]subject to the revision and correction of the assembly, after the division is over. In a case of this kind, there can be no debate, though the presiding officer may if he pleases receive the assistance of members with their advice, which they are to give sitting, in order to avoid even the appearance of a debate; but this can only be with the leave of the presiding officer, as otherwise the division might be prolonged to an inconvenient length; nor can any question be taken, for otherwise there might be division upon division without end.249.When, from counting the assembly on a division, it appears that there is not a quorum present, there is no decision; but the matter in question continues in the same state, in which it was before the division; and, when afterwards resumed, whether on the same or on some future day, it must be taken up at that precise point.[Footnote34:The most common expression is: “I doubt the vote,” or, “that vote is doubted.”]Return to text

233.When any proposition is made to a deliberative assembly, it is called amotion; when it is stated or propounded to the assembly, for their acceptance or rejection, it is denominated aquestion; and, when[p125]adopted, it becomes theorder,resolution, orvote, of the assembly.

234.All the proceedings, which have thus far been considered, have only had for their object to bring a proposition into a form to be put to the question; that is, to be adopted as the sense, will, or judgment, of the assembly, or to be rejected; according as such proposition may be found to unite in its favor, or to fail of uniting a majority of the members.

235.When any proposition, whether principal, subsidiary, or incidental, or of whatever nature it may be, is made, seconded, and stated, if no alteration is proposed,—or if it admits of none, or if it is amended,—and the debate upon it, if any, appears to be brought to a close, the presiding officer then inquires, whether the assembly is ready for the question? and, if no person rises, the question is then stated, and the votes of the assembly taken upon it.

236.The question is not always stated to the assembly, in the precise form in which it arises or is introduced; thus, for example, when a member presents a petition, or the chairman of a committee offers a report, the[p126]question which arises, if no motion is made, is,Shall the petition or the report be received?and, so, when the previous question is moved, it is stated in this form,Shall the main question be now put?—the question being stated, in all cases, in the form in which it will appear on the journal, if it passes in the affirmative.

237.In matters of trifling importance, or which are generally of course, such as receiving petitions and reports, withdrawing motions, reading papers, etc., the presiding officer most commonly supposes or takes for granted the consent of the assembly, where no objection is expressed, and does not go through the formality of taking the question by a vote. But if, after a vote has been taken in this informal way and declared, any member rises to object, the presiding officer should consider every thing that has passed as nothing, and, at once, go back and pursue the regular course of proceeding. Thus, if a petition is received, without a question, and the clerk is proceeding to read it, in the usual order of business, if any one rises to object, it will be the safest and most proper course, for the presiding officer to require a[p127]motion for receiving it to be regularly made and seconded.

238.The question being stated by the presiding officer, he first puts it in the affirmative, namely:As many as are of opinion that—repeating the words of the question,—say aye; and, immediately, all the members who are of that opinion answeraye; the presiding officer then puts the question negatively:As many as are of a different opinion say no; and, thereupon, all the members who are of that opinion answerno. The presiding officer judges by his ear which side has “the more voices,” and decides accordingly, thatthe ayes have it, orthe noes have it, as the case may be. If the presiding officer is doubtful as to the majority of voices, he may put the question a second time, and if he is still unable to decide, or, if, having decided according to his judgment, any member rises and declares that he believes theayesor thenoes(whichever it may be)have it, contrary to the declaration of the presiding officer,[Footnote34]then the presiding officer directs the assembly to divide, in order that[p128]the members on the one side and the other may be counted.

239.If, however, any new motion should be made, after the presiding officer’s declaration, or, if a member, who was not in the assembly-room when the question was taken, should come in, it will then be too late to contradict the presiding officer, and have the assembly divided.

240.The above is the parliamentary form of taking a question, and is in general use in this country; but, in some of our legislative assemblies, and especially in those of the New England states, the suffrages are given by the members holding up their right hands, first those in the affirmative, and then those in the negative, of the question. If the presiding officer cannot determine, by the show of hands, which side has the majority, he may call upon the members to vote again, and if he is still in doubt, or if his declaration is questioned, a division takes place. When the question is taken in this manner, the presiding officer directs the members, first on the affirmative side, and then on the negative, to manifest their opinion by holding up the right hand.

[p129]241.When a division of the assembly takes place, the presiding officer sometimes directs the members to range themselves on different sides of the assembly-room, and either counts them himself, or they are counted by tellers appointed by him for the purpose, or by monitors permanently appointed for that and other purposes; or the members rise in their seats, first on the affirmative and then on the negative, and (standing uncovered) are counted in the same manner. When the members are counted by the presiding officer, he announces the numbers and declares the result. When they are counted by tellers or monitors, the tellers must first agree among themselves, and then the one who has told for the majority reports the numbers to the presiding officer, who, thereupon, declares the result.

242.The best mode of dividing an assembly, that is at all numerous, is for the presiding officer to appoint tellers for each division or section of the assembly-room, and then to require the members, first those in the affirmative, and then those in the negative, to rise, stand uncovered, and be counted; this being done, on each side, the tellers of the several[p130]divisions make their returns, and the presiding officer declares the result.

243.If the members are equally divided, the presiding officer may, if he pleases, give the casting vote; or, if he chooses, he may refrain from voting, in which case, the motion does not prevail, and the decision is in the negative.

244.It is a general rule, that every member, who is in the assembly-room at the time when the question is stated, has not only the right but is bound to vote; and, on the other hand, that no member can vote, who was not in the room at that time.

245.The only other form of taking the question, which requires to be described, is one in general use in this country, by means of which the names of the members voting on the one side and on the other are ascertained and entered in the journal of the assembly. This mode, which is peculiar to the legislative bodies of the United States, is called taking the questions by yeas and nays. In order to take a question in this manner, it is stated on both sides at once, namely:As many as are or opinion, that, etc., will when their names are called, answer yes; andAs many as are[p131]of a different opinion will, when their names are called, answer no; the roll of the assembly is then called over by the clerk, and each member, as his name is called, rises in his place, and answersyesorno, and the clerk notes the answer as the roll is called. When the roll has been gone through the clerk reads over first the names of those who have answered in the affirmative and then the names of those who have answered in the negative, in order that if he has made any mistake in noting the answer, or if any member has made a mistake in his answer, the mistake of either may be corrected. The names having been thus read over, and the mistakes, if any, corrected, the clerk counts the numbers on each side, and reports them to the presiding officer, who declares the result to the assembly.

246.The following is the mode practised in the house of representatives of Massachusetts, (which is by far the most numerous of all the legislative bodies in this country,) of taking a question by yeas and nays. The names of the members being printed on a sheet, the clerk calls them in their order; and as each one answers, the clerk (responding to[p132]the member, at the same time) places a figure in pencil, expressing the number of the answer, at the left or right of the name, according as the answer is yes or no; so that the last figure or number, on each side, shows the number of the answers on that side; and the two last numbers or figures represent the respective numbers of the affirmatives and negatives on the division. Thus, at the left hand of the name of the member who first answersyes, the clerk places a figure 1; at the right hand of the first member who answersno, he also places a figure 1; the second member that answersyesis marked 2; and so on to the end of the list; the side of the name, on which the figure is placed, denoting whether the answer isyesorno, and the figure denoting the number of the answer on that side. The affirmatives and negatives are then read separately, if necessary, though this is usually omitted, and the clerk is then prepared, by means of the last figure on each side, to give the numbers to the speaker to be announced to the house. The names and answers are afterwards recorded on the journal.

247.In any of the modes of taking a question, in which it is first put on one side, and[p133]then on the other, it is no full question, until the negative as well as the affirmative has been put. Consequently, until the negative has been put, it is in order for any member, in the same manner as if the division had not commenced, to rise and speak, make motions for amendment, or otherwise, and thus renew the debate; and this, whether such member was in the assembly-room or not, when the question was put and partly taken. In such a case, the question must be put over again on the affirmative as well as the negative side; for the reason, that members who were not in the assembly-room, when the question was first put, may have since come in, and also that some of those who voted, may have since changed their minds. When a question is taken by yeas and nays, and the negative as well as the affirmative of the question is stated, and the voting on each side begins and proceeds at the same time, the question cannot be opened and the debate renewed, after the voting has commenced.

248.If any question arises, in a point of order, as, for example, as to the right or the duty of a member to vote, during a division, the presiding officer must decide it peremptorily,[p134]subject to the revision and correction of the assembly, after the division is over. In a case of this kind, there can be no debate, though the presiding officer may if he pleases receive the assistance of members with their advice, which they are to give sitting, in order to avoid even the appearance of a debate; but this can only be with the leave of the presiding officer, as otherwise the division might be prolonged to an inconvenient length; nor can any question be taken, for otherwise there might be division upon division without end.

249.When, from counting the assembly on a division, it appears that there is not a quorum present, there is no decision; but the matter in question continues in the same state, in which it was before the division; and, when afterwards resumed, whether on the same or on some future day, it must be taken up at that precise point.

[Footnote34:The most common expression is: “I doubt the vote,” or, “that vote is doubted.”]Return to text

[Footnote34:The most common expression is: “I doubt the vote,” or, “that vote is doubted.”]Return to text

[p135]CHAPTER XIV.OF RECONSIDERATION.250.It is a principle of parliamentary law, upon which many of the rules and proceedings previously stated are founded, that when a question has once been put to a deliberative assembly, and decided, whether in the affirmative or negative, that decision is the judgment of the assembly, and cannot be again brought into question.251.This principle holds equally, although the question proposed is not the identical question which has already been decided, but only its equivalent; as, for example, where the negative of one question amounts to the affirmative of the other, and leaves no other alternative, these questions are the equivalents of one another, and a decision of the one necessarily concludes the other.252.A common application of the rule as to equivalent questions occurs in the case of an amendment proposed by striking out words; in which it is the invariable practice[p136]to consider the negative of striking out as equivalent to the affirmative of agreeing; so that to put a question on agreeing, after a question on striking out its negatived, would be, in effect, to put the same question twice over.253.The principle above stated does not apply so as to prevent putting the same question in the different stages of any proceeding; as, for example, in legislative bodies, the different stages of a bill; so, in considering reports of committees, questions already taken and decided, before the subject was referred, may be again proposed; and, in like manner, orders of the assembly, and instructions or references to committees, may be discharged or rescinded.254.The inconvenience of this rule, which is still maintained in all its strictness in the British parliament (though divers expedients are there resorted to to counteract or evade it),[Footnote35][p137]has led to the introduction into the parliamentary practice of this country of the motion forreconsideration; which, while it recognizes and upholds the rule in all its ancient strictness, yet allows a deliberative assembly, for sufficient reasons, to relieve itself from the embarrassment and inconvenience, which would occasionally result from a strict enforcement of the rule in a particular case.255.It has now come to be a common practice in all our deliberative assemblies, and may consequently be considered as a principle of the common parliamentary law of this country, to reconsider a vote already passed, whether affirmatively or negatively.256.For this purpose, a motion is made and seconded, in the usual manner, that such a vote be reconsidered; and, if this motion prevails, the matter stands before the assembly in precisely the same state and condition, and the same questions are to be put in relation to it, as if the vote reconsidered had never been passed. Thus, if an amendment by inserting words is moved and rejected, the same amendment cannot be moved again; but, the assembly may reconsider the vote by which it was rejected, and then the[p138]question will recur on the amendment, precisely as if the former vote had never been passed.257.It is usual in legislative bodies, to regulate by a special rule the time, manner, and by whom, a motion to reconsider may be made; thus, for example, that it shall be made only on the same or a succeeding day,—by a member who voted with the majority,—or at a time when there are as many members present as there were when the vote was passed; but, where there is no special rule on the subject, a motion to reconsider must be considered in the same light as any other motion, and as subject to no other rules.[Footnote35:“The English Parliament rigidly maintains the principle that when a subject has been once decided, either in the affirmative or negative, it is to remain permanently as the judgment of the house. To remedy the inconveniences that sometimes occur, it resorts to various expedients; as, by passing an explanatory act, or an act to rectify mistakes in an act, etc.”—Ed.]Return to text

250.It is a principle of parliamentary law, upon which many of the rules and proceedings previously stated are founded, that when a question has once been put to a deliberative assembly, and decided, whether in the affirmative or negative, that decision is the judgment of the assembly, and cannot be again brought into question.

251.This principle holds equally, although the question proposed is not the identical question which has already been decided, but only its equivalent; as, for example, where the negative of one question amounts to the affirmative of the other, and leaves no other alternative, these questions are the equivalents of one another, and a decision of the one necessarily concludes the other.

252.A common application of the rule as to equivalent questions occurs in the case of an amendment proposed by striking out words; in which it is the invariable practice[p136]to consider the negative of striking out as equivalent to the affirmative of agreeing; so that to put a question on agreeing, after a question on striking out its negatived, would be, in effect, to put the same question twice over.

253.The principle above stated does not apply so as to prevent putting the same question in the different stages of any proceeding; as, for example, in legislative bodies, the different stages of a bill; so, in considering reports of committees, questions already taken and decided, before the subject was referred, may be again proposed; and, in like manner, orders of the assembly, and instructions or references to committees, may be discharged or rescinded.

254.The inconvenience of this rule, which is still maintained in all its strictness in the British parliament (though divers expedients are there resorted to to counteract or evade it),[Footnote35][p137]has led to the introduction into the parliamentary practice of this country of the motion forreconsideration; which, while it recognizes and upholds the rule in all its ancient strictness, yet allows a deliberative assembly, for sufficient reasons, to relieve itself from the embarrassment and inconvenience, which would occasionally result from a strict enforcement of the rule in a particular case.

255.It has now come to be a common practice in all our deliberative assemblies, and may consequently be considered as a principle of the common parliamentary law of this country, to reconsider a vote already passed, whether affirmatively or negatively.

256.For this purpose, a motion is made and seconded, in the usual manner, that such a vote be reconsidered; and, if this motion prevails, the matter stands before the assembly in precisely the same state and condition, and the same questions are to be put in relation to it, as if the vote reconsidered had never been passed. Thus, if an amendment by inserting words is moved and rejected, the same amendment cannot be moved again; but, the assembly may reconsider the vote by which it was rejected, and then the[p138]question will recur on the amendment, precisely as if the former vote had never been passed.

257.It is usual in legislative bodies, to regulate by a special rule the time, manner, and by whom, a motion to reconsider may be made; thus, for example, that it shall be made only on the same or a succeeding day,—by a member who voted with the majority,—or at a time when there are as many members present as there were when the vote was passed; but, where there is no special rule on the subject, a motion to reconsider must be considered in the same light as any other motion, and as subject to no other rules.

[Footnote35:“The English Parliament rigidly maintains the principle that when a subject has been once decided, either in the affirmative or negative, it is to remain permanently as the judgment of the house. To remedy the inconveniences that sometimes occur, it resorts to various expedients; as, by passing an explanatory act, or an act to rectify mistakes in an act, etc.”—Ed.]Return to text

[Footnote35:“The English Parliament rigidly maintains the principle that when a subject has been once decided, either in the affirmative or negative, it is to remain permanently as the judgment of the house. To remedy the inconveniences that sometimes occur, it resorts to various expedients; as, by passing an explanatory act, or an act to rectify mistakes in an act, etc.”—Ed.]Return to text

CHAPTER XV.OF COMMITTEES.Sect. I. Their Nature and Functions.258.It is usual in all deliberative assemblies, to take the preliminary (sometimes, also, the intermediate) measures, and to prepare matters to be acted upon, in the assembly,[p139]by means of committees, composed either of members specially selected for the particular occasion, or appointed beforehand for all matters of the same nature.259.Committees of the first kind are usually calledselect, the othersstanding; though the former appellation belongs with equal propriety to both, in order to distinguish them from another form of committee, constituted either for a particular occasion, or for all cases of a certain kind, which is composed of all the members of the assembly, and therefore denominated acommittee of the whole.260.The advantages of proceeding in this mode are manifold. It enables a deliberative assembly to do many things, which, from its numbers, it would be otherwise be unable to do;—to accomplish a much greater quantity of business, by dividing it among the members, than could possibly be accomplished, if the whole body were obliged to devote itself to each particular subject;—and to act in the preliminary and preparatory steps, with a greater degree of freedom, than is compatible with the forms of proceeding usually observed in full assembly.[p140]261.Committees are appointed to consider a particular subject, either at large or under special instructions: to obtain information in reference to a matter before the assembly, either by personal inquiry and inspection, or by the examination of witnesses; and to digest and put into the proper form, for the adoption of the assembly, all resolutions, votes, orders, and other papers, with which they may be charged. Committees are commonly said to be the “eyes and ears” of the assembly; it is equally true, that, for certain purposes, they are also its “head and hands.”262.The powers and functions of committees depend chiefly upon the general authority and particular instructions given them by the assembly, at the time of their appointment; but they may also be, and very often are, further instructed, whilst they are in the exercise of their functions; and, sometimes, it even happens, that these additional instructions wholly change the nature of a committee, by charging it with inquiries quite different from those for which it was originally established.[p141]Sect. II. Their Appointment.263.In the manner of appointing committees, there is no difference between standing and other select committees, as to the mode of selecting the members to compose them; and, in reference to committees of the whole, as there is no selection of members, they are appointed simply by the order of the assembly.264.In the appointment of select committees, the first thing to be done is to fix upon the number. This is usually effected in the same manner that blanks are filled, namely, by members proposing, without the formality of a motion, such members as they please, which are then separately put to the question, beginning with the largest and going regularly through to the smallest, until the assembly comes to a vote.265.The number being settled, there are three modes of selecting the members, to wit, by the appointment of the presiding officer,—by ballot,—and by nomination and vote of the assembly; the first, sometimes in virtue of a standing rule, sometimes in pursuance of a vote of the assembly in a particular case;[p142]the second always in pursuance of a vote; the last is the usual course where no vote is taken.266.In deliberative assemblies, whose sittings are of considerable length, as legislative bodies, it is usual to provide by a standing rule, that, unless otherwise ordered in a particular case, all committees shall be named by the presiding officer. Where this is the case, whenever a committee is ordered, and the number settled, the presiding officer at once names the members to compose it. Sometimes, also, the rule fixes the number, of which, unless otherwise ordered, committees shall consist. This mode of appointing a committee is frequently resorted to, where there is no rule on the subject.267.When a committee is ordered to be appointed by ballot, the members are chosen by the assembly, either singly or altogether, as may be ordered, in the same manner that other elections are made; and, in such elections, as in other cases of the election of the officers of the assembly, a majority of all the votes given in is necessary to a choice.268.When a committee is directed to be appointed by nomination and vote, the names of the members proposed are put to the question[p143]singly, and approved or rejected by the assembly, by a vote taken in the usual manner. If the nomination is directed to be made by the presiding officer, he may propose the names in the same manner, or all at once; the former mode being the most direct and simple; the latter enabling the assembly to vote more understandingly upon the several names proposed. When the nomination is directed to be made at large, the presiding officer calls upon the assembly to nominate, and names being mentioned accordingly, he puts to vote the first name he hears.269.It is also a compendious mode of appointing a committee, to revive one which has already discharged itself by a report; or by charging a committee appointed for one purpose with some additional duty, of the same or a different character.270.In regard to the appointment of committees, so far as the selection of the members is concerned, it is a general rule in legislative bodies, when a bill is to be referred, that none who speak directly against the body of it are to be of the committee, for the reason, that he who would totally destroy will not amend;[p144]but that, for the opposite reason, those who only take exceptions to some particulars in the bill are to be of the committee. This rule supposes the purpose of the commitment to be, not the consideration of the general merits of the bill, but the amendment of it in its particular provisions, so as to make it acceptable to the assembly.271.This rule, of course, is only for the guidance of the presiding officer, and the members, in the exercise of their discretion; as the assembly may refuse to excuse from serving, or may itself appoint, on a committee, persons who are opposed to the subject referred. It is customary, however, in all deliberative assemblies, to constitute a committee of such persons (the mover and seconder of a measure being of course appointed), a majority of whom, at least, are favorably inclined to the measure proposed.[Footnote36]272.When a committee has been appointed,[p145]in reference to a particular subject, it is the duty of the secretary of the assembly to make out a list of the members, together with a certified copy of the authority or instructions under which they are to act, and to give the papers to the member first named on the list of the committee, if convenient, but, otherwise, to any other member of the committee.Sect. III. Their Organization and Manner of Proceeding.273.The person first named on a committeeacts as its chairman, or presiding officer, so far as relates to the preliminary steps to be taken, and is usually permitted to do so, through the whole proceedings; but this is a matter of courtesy; every committee having a right to elect its own chairman, who presides over it, and makes the report of its proceedings to the assembly.274.A committee is properly to receive directions from the assembly, as to the time and place of its meeting, and cannot regularly sit at any other time or place; and it[p146]may be ordered to sit immediately, whilst the assembly is sitting, and make its report forthwith.275.When no directions are given, a committee may select its own time and place of meeting; but, without a special order to that effect, it is not at liberty to sit whilst the assembly sits; and, if a committee is sitting, when the assembly comes to order after an adjournment, it is the duty of the chairman to rise, instantly, on being certified of it, and, with the other members, to attend the service of the assembly.276.In regard to its forms of proceeding, a committee is essentially a miniature assembly;—it can only act when regularly assembled together, as a committee, and not by separate consultation and consent of the members; nothing being the agreement or report of a committee, but what is agreed to in that manner;—a vote taken in committee is as binding as a vote of the assembly;—a majority of the members is necessary to constitute a quorum for business, unless a larger or smaller number has been fixed by the assembly itself;—and a committee has full power over whatever may be committed to it,[p147]except that it is not at liberty to change the title or subject.277.A committee, which is under no directions as to the time and place of meeting, may meet when and where it pleases, and adjoin itself from day to day, or otherwise, until it has gone through with the business committed to it; but, if it is ordered to meet at a particular time, and it fails of doing so, for any cause, the committee is closed, and cannot act without being newly directed to sit.278.Disorderly words spoken in a committee must be written down in the same manner as in the assembly; but the committee, as such, can do nothing more than report them to the assembly for its animadversion; neither can a committee punish disorderly conduct of any other kind, but must report it to the assembly.279.When any paper is before a committee whether select or of the whole, it may either have originated with the committee, or have been referred to them; and, in either case, when the paper comes to be considered, the course is for it to be first read entirely through, by the clerk of the committee, if there is one, otherwise by the chairman; and then to be[p148]read through again by paragraphs by the chairman, pausing at the end of each paragraph, and putting questions for amending, either by striking out or inserting, if proposed. This is the natural order of proceeding in considering and amending any paper, and is to be strictly adhered to in the assembly; but the same strictness does not seem necessary in a committee.280.If the paper before a committee is one which has originated with the committee, questions are put on amendments proposed, but not on agreeing to the several paragraphs of which it is composed, separately, as they are gone through with; this being reserved for the close, when a question is to be put on the whole, for agreeing to the paper, as amended, or unamended.281.If the paper be one, which has been referred to the committee, they proceed as in the other case to put questions of amendment, if proposed, but no final question on the whole; because all the parts of the paper, having been passed upon if not adopted by the assembly as the basis of its action, stand, of course, unless altered or struck out by a vote of the assembly. Andeven if the[p149]committeeare opposed to the whole paper, and are of opinion, that it cannot be made good by amendments, they have no authority to reject it; they must report it back to the assembly, without amendments, (specially stating their objections, if they think proper,) and there make their opposition as individual members.[Footnote37]282.In the case of a paper originating with a committee, they may erase or interline it as much as they please; though, when finally agreed to, it ought to be reported in a clear draft, fairly written, without erasure or interlineation.283.But, in the case of a paper referred to a committee, they are not at liberty to erase, interline, blot, disfigure, or tear it, in any manner; but they must, in a separate paper, set down the amendments they have agreed to report, stating the words which are to be inserted or omitted, and the place where the amendments are to be made, by references to the paragraphor section, line, and word.284.If the amendments agreed to are very[p150]numerous and minute, the committee may report them altogether, in the form of a new and amended draft.285.When a committee has gone through the paper, or agreed upon a report on the subject, which has been referred to them, it is then moved by some member, and thereupon voted, that the committee rise, and that the chairman, or some other member, make their report to the assembly.Sect. IV. Their Report.286.When the report of a committee is to be made, the chairman, or member appointed to make the report, standing in his place, informs the assembly, that the committee, to whom was referred such a subject or paper, have, according to order, had the same under consideration, and have directed him to make a report thereon, or to report the same with sundry amendments, or without amendment, as the case may be, which he is ready to do, when the assembly shall please; and he or any other member may then move that the report be now received. On this motion being made, the question is put whether the assembly will receive the report at that time; and a[p151]vote passes, accordingly, either to receive it then, or fixing upon some future time for its reception.287.At the time, when, by the order of the assembly, the report is to be received, the chairman reads it in his place, and then delivers it, together with all the papers, connected with it, to the clerk at the table; where it is again read, and then lies on the table, until the time assigned, or until it suits the convenience of the assembly, to take it up for consideration.288.If the report of the committee is of a paper with amendments, the chairman reads the amendments with the coherence in the paper, whatever it may be, and opens the alterations, and the reasons of the committee for the amendments, until he has gone through the whole; and, when the report is read at the clerk’s table, the amendments only are read without the coherence.289.In practice, however, the formality of a motion and vote on the reception of a report is usually dispensed with; though, if any objection is made, or if the presiding officer sees any informality in the report, he should decline receiving it without a motion and vote;[p152]and a report, if of any considerable length, is seldom read, either by the chairman in his place, or by the clerk at the table, until it is taken up for consideration. In legislative assemblies, the printing of reports generally renders the reading of them unnecessary.290.The report of a committee being made and received, the committee is dissolved, and can act no more without a new power; but their authority may be revived by a vote, and the same matter recommitted to them. If a report, when offered to the assembly, is not received, the committee is not thereby discharged, but may be ordered to sit again, and a time and place appointed accordingly.291.When a subject or paper has been once committed, and a report made upon it, it may be recommitted either to the same or a different committee; and if a report is recommitted, before it has been agreed to by the assembly, what has heretofore passed in the committee is of no validity; the whole question being again before the committee, as if nothing had passed there in relation to it.292.The report of a committee may be made in three different forms, namely:first, it may contain merely a statement of facts,[p153]reasoning, or opinion, in relation to the subject of it, without any specific conclusion; or,second, a statement of facts, reasoning, or opinion, concluding with a resolution, or series of resolutions, or some other specific proposition; or,third, it may consist merely of such resolutions, or propositions, without any introductory part.293.The first question, on a report, is, in strictness, on receiving it; though in practice, this question is seldom or never made; the consent of the assembly, especially in respect to the report of a committee of the whole, being generally presumed, unless objection is made. When a report is received, whether by general consent, or upon a question and vote, the committee is discharged, and the report becomes the basis of the future proceedings of the assembly, on the subject to which it relates.294.At the time assigned for the consideration of a report, it may be treated and disposed of precisely like any other proposition (59to 77); and may be amended, in the same manner (78to 133), both in the preliminary statement, reasoning, or opinion, if it contain any, and in the resolutions, or other[p154]propositions with which it concludes; so if it consist merely of a statement, etc.,without resolutions, or of resolutions, etc., without any introductory part.295.The final question on a report, whatever form it may have, is usually stated on its acceptance; and, when accepted, the whole report is adopted by the assembly, and becomes the statement, reasoning, opinion, resolution, or other act, as the case may be, of the assembly; the doings of a committee, when agreed to, adopted, or accepted, becoming the acts of the assembly, in the same manner as if done originally by the assembly itself, without the intervention of a committee.296.It would be better, however, and in stricter accordance with parliamentary rules, to state the final question on a report, according to the form of it. If the report contain merely a statement of facts, reasoning, or opinion, the question should be on acceptance; if it also conclude with resolutions, or other specific propositions, of any kind,—the introductory part being consequently merged in the conclusion,—the question should be on agreeing to the resolutions, or on adopting[p155]the order, or other proposition, or on passing or coming to the vote, recommended by the committee; and the same should be the form of the question when the report consists merely of resolutions, etc., without any introductory part.Sect. V. Committee of the Whole.297.When a subject has been ordered to be referred to a committee of the whole, the form of going from the assembly into committee, is, for the presiding officer, at the time appointed for the committee to sit, on motion made and seconded for the purpose, to put the question that the assembly do now resolve itself into a committee of the whole, to take under consideration such a matter, naming it. If this question is determined in the affirmative, the result is declared by the presiding officer, who, naming some member to act as chairman of the committee, then leaves the chair, and takes a seat elsewhere, like any other member; and the person appointed chairman seats himself (not in the chair of the assembly but) at the clerk’s table.[Footnote38][p156]298.The chairman named by the presiding officer is generally acquiesced in by the committee; though, like all other committees, a committee of the whole have a right to elect a chairman for themselves, some member, by general consent, putting the question.299.The same number of members is necessary to constitute a quorum of a committee of the whole, as of the assembly; and if the members present fall below a quorum, at any time, in the course of the proceedings, the chairman, on a motion and question, rises,—the presiding officer thereupon resumes the chair,—and the chairman informs the assembly (he can make no other report) of the cause of the dissolution of the committee.300.When the assembly is in committee of the whole, it is the duty of the presiding officer to remain in the assembly-room, in order to be at hand to resume the chair, in case the committee should be broken up by some disorder, or for want of a quorum, or should rise, either to report progress, or to make their final report upon the matter committed to them.301.The clerk of the assembly does not[p157]act as clerk of the committee (this is the duty of the assistant clerk in legislative bodies), or record in his journal any of the proceedings or votes of the committee, but only their report as made to the assembly.302.The proceedings in a committee of the whole, though, in general, similar to those in the assembly itself, and in other committees, are yet different in some respects, the principal of which are thefollowing:—303.First.The previous question cannot be moved in a committee of the whole. The only means of avoiding an improper discussion is, to move that the committee rise; and, if it is apprehended, that the same discussion will be attempted on returning again into committee, the assembly can discharge the committee, and proceed itself with the business, keeping down any improper discussion by means of the previous question.[Footnote39]304.Second.A committee of the whole cannot adjourn, like other committees, to some other time or place, for the purpose of[p158]going on with and completing the consideration of the subject referred to them; but if their business is unfinished, at the usual time for the assembly to adjourn, or, for any other reason, they wish to proceed no further at a particular time, the form of proceeding is, for some member to move that the committee rise,—report progress,—and ask leave to sit again; and, if this motion prevails, the chairman rises,—the presiding officer resumes the chair of the assembly,—and the chairman of the committee informs him that the committee of the whole have, according to order, had under their consideration such a matter, and have made some progress therein;[Footnote40]but, not having had time to go through with the same, have directed him to ask leave for the committee to sit again. The presiding officer thereupon puts a question on giving the committee leave to sit again, and also on the time when, the assembly will again resolve itself into a committee. If leave to sit again is not granted, the committee is of course dissolved.305.Third.In a committee of the whole, every member may speak as often as he[p159]pleases, provided he could obtain the floor; whereas in the assembly itself, no member can speak more than once.306.Fourth.A committee of the whole cannot refer any matter to another committee; but other committees may and do frequently exercise their functions, and expedite their business by means of sub-committees of their own members.307.Fifth.In a committee of the whole, the presiding officer of the assembly has a right to take a part in the debate and proceedings, in the same manner as any other member.308.Sixth.A committee of the whole, like a select committee, has no authority to punish a breach of order whether of a member, or stranger; but can only rise and report the matter to the assembly, who may proceed to punish the offender. Disorderly words must be written down in committee, in the same manner as in the assembly, and reported to the assembly for their animadversion.309.The foregoing are the principal points of difference between proceedings in the assembly and in committees of the whole; in most other respects they are precisely similar.[p160]It is sometimes said, that in a committee of the whole, it is not necessary that a motion should be seconded. There is no foundation, however, either in reason or parliamentary usage, for this opinion.310.When a committee of the whole have gone through with the matter referred to them, a member moves that the committee rise, and that the chairman (or some other member) report their proceedings to the assembly; which being resolved, the chairman rises and goes to his place,—the presiding officer resumes the chair of the assembly,—and the chairman informs him, that the committee have gone through with the business referred to them, and that he is ready to make their report, when the assembly shall think proper to receive it. The time for receiving the report is then agreed upon; and, at the time appointed, it is made and received in the same manner as that of any other committee (286).311.It sometimes happens, that the formality of a motion and question as to the time of receiving a report is dispensed with. If the assembly are ready to receive it, at the time, they cry out, “now, now,” whereupon the chairman proceeds; if not then ready,[p161]some other time is mentioned, as “to-morrow,” or “Monday,” and that time is fixed by general consent. But, when it is not the general sense of the assembly to receive the report at the time, it is better to agree upon and fix the time by a motion and question.[Footnote41][Footnote36:“In theory, the majority of the committee should be of the friends of the measure referred. But as a general rule it will be found that, whichever political party is in the ascendant, that party has a majority on the committee, as they will then be able to control the committee’s workings, etc.”—Ed.]Return to text[Footnote37:This rule is not applicable, of course, to those cases in which theSUBJECT, as well as theFORM OR DETAILSof a paper, is referred to the committee.]Return to text[Footnote38:Jefferson says he will sit at the clerk’s table.Mell says, “The chairman thus designated will take thePresident’schair.”—Ed.]Return to text[Footnote39:If the object be to stop debate, that can only be effected, in the same manner, unless there is a special rule, as to the time of speaking, or to taking a subject out of committee.]Return to text[Footnote40:If it is a second time, the expression is, “some further progress,” etc.]Return to text[Footnote41:“Amendments proposed by the committee may be amended or rejected by the assembly, and matters stricken out by the committee may be restored by the assembly.”—Ed.]Return to text

258.It is usual in all deliberative assemblies, to take the preliminary (sometimes, also, the intermediate) measures, and to prepare matters to be acted upon, in the assembly,[p139]by means of committees, composed either of members specially selected for the particular occasion, or appointed beforehand for all matters of the same nature.

259.Committees of the first kind are usually calledselect, the othersstanding; though the former appellation belongs with equal propriety to both, in order to distinguish them from another form of committee, constituted either for a particular occasion, or for all cases of a certain kind, which is composed of all the members of the assembly, and therefore denominated acommittee of the whole.

260.The advantages of proceeding in this mode are manifold. It enables a deliberative assembly to do many things, which, from its numbers, it would be otherwise be unable to do;—to accomplish a much greater quantity of business, by dividing it among the members, than could possibly be accomplished, if the whole body were obliged to devote itself to each particular subject;—and to act in the preliminary and preparatory steps, with a greater degree of freedom, than is compatible with the forms of proceeding usually observed in full assembly.

[p140]261.Committees are appointed to consider a particular subject, either at large or under special instructions: to obtain information in reference to a matter before the assembly, either by personal inquiry and inspection, or by the examination of witnesses; and to digest and put into the proper form, for the adoption of the assembly, all resolutions, votes, orders, and other papers, with which they may be charged. Committees are commonly said to be the “eyes and ears” of the assembly; it is equally true, that, for certain purposes, they are also its “head and hands.”

262.The powers and functions of committees depend chiefly upon the general authority and particular instructions given them by the assembly, at the time of their appointment; but they may also be, and very often are, further instructed, whilst they are in the exercise of their functions; and, sometimes, it even happens, that these additional instructions wholly change the nature of a committee, by charging it with inquiries quite different from those for which it was originally established.

263.In the manner of appointing committees, there is no difference between standing and other select committees, as to the mode of selecting the members to compose them; and, in reference to committees of the whole, as there is no selection of members, they are appointed simply by the order of the assembly.

264.In the appointment of select committees, the first thing to be done is to fix upon the number. This is usually effected in the same manner that blanks are filled, namely, by members proposing, without the formality of a motion, such members as they please, which are then separately put to the question, beginning with the largest and going regularly through to the smallest, until the assembly comes to a vote.

265.The number being settled, there are three modes of selecting the members, to wit, by the appointment of the presiding officer,—by ballot,—and by nomination and vote of the assembly; the first, sometimes in virtue of a standing rule, sometimes in pursuance of a vote of the assembly in a particular case;[p142]the second always in pursuance of a vote; the last is the usual course where no vote is taken.

266.In deliberative assemblies, whose sittings are of considerable length, as legislative bodies, it is usual to provide by a standing rule, that, unless otherwise ordered in a particular case, all committees shall be named by the presiding officer. Where this is the case, whenever a committee is ordered, and the number settled, the presiding officer at once names the members to compose it. Sometimes, also, the rule fixes the number, of which, unless otherwise ordered, committees shall consist. This mode of appointing a committee is frequently resorted to, where there is no rule on the subject.

267.When a committee is ordered to be appointed by ballot, the members are chosen by the assembly, either singly or altogether, as may be ordered, in the same manner that other elections are made; and, in such elections, as in other cases of the election of the officers of the assembly, a majority of all the votes given in is necessary to a choice.

268.When a committee is directed to be appointed by nomination and vote, the names of the members proposed are put to the question[p143]singly, and approved or rejected by the assembly, by a vote taken in the usual manner. If the nomination is directed to be made by the presiding officer, he may propose the names in the same manner, or all at once; the former mode being the most direct and simple; the latter enabling the assembly to vote more understandingly upon the several names proposed. When the nomination is directed to be made at large, the presiding officer calls upon the assembly to nominate, and names being mentioned accordingly, he puts to vote the first name he hears.

269.It is also a compendious mode of appointing a committee, to revive one which has already discharged itself by a report; or by charging a committee appointed for one purpose with some additional duty, of the same or a different character.

270.In regard to the appointment of committees, so far as the selection of the members is concerned, it is a general rule in legislative bodies, when a bill is to be referred, that none who speak directly against the body of it are to be of the committee, for the reason, that he who would totally destroy will not amend;[p144]but that, for the opposite reason, those who only take exceptions to some particulars in the bill are to be of the committee. This rule supposes the purpose of the commitment to be, not the consideration of the general merits of the bill, but the amendment of it in its particular provisions, so as to make it acceptable to the assembly.

271.This rule, of course, is only for the guidance of the presiding officer, and the members, in the exercise of their discretion; as the assembly may refuse to excuse from serving, or may itself appoint, on a committee, persons who are opposed to the subject referred. It is customary, however, in all deliberative assemblies, to constitute a committee of such persons (the mover and seconder of a measure being of course appointed), a majority of whom, at least, are favorably inclined to the measure proposed.[Footnote36]

272.When a committee has been appointed,[p145]in reference to a particular subject, it is the duty of the secretary of the assembly to make out a list of the members, together with a certified copy of the authority or instructions under which they are to act, and to give the papers to the member first named on the list of the committee, if convenient, but, otherwise, to any other member of the committee.

273.The person first named on a committeeacts as its chairman, or presiding officer, so far as relates to the preliminary steps to be taken, and is usually permitted to do so, through the whole proceedings; but this is a matter of courtesy; every committee having a right to elect its own chairman, who presides over it, and makes the report of its proceedings to the assembly.

274.A committee is properly to receive directions from the assembly, as to the time and place of its meeting, and cannot regularly sit at any other time or place; and it[p146]may be ordered to sit immediately, whilst the assembly is sitting, and make its report forthwith.

275.When no directions are given, a committee may select its own time and place of meeting; but, without a special order to that effect, it is not at liberty to sit whilst the assembly sits; and, if a committee is sitting, when the assembly comes to order after an adjournment, it is the duty of the chairman to rise, instantly, on being certified of it, and, with the other members, to attend the service of the assembly.

276.In regard to its forms of proceeding, a committee is essentially a miniature assembly;—it can only act when regularly assembled together, as a committee, and not by separate consultation and consent of the members; nothing being the agreement or report of a committee, but what is agreed to in that manner;—a vote taken in committee is as binding as a vote of the assembly;—a majority of the members is necessary to constitute a quorum for business, unless a larger or smaller number has been fixed by the assembly itself;—and a committee has full power over whatever may be committed to it,[p147]except that it is not at liberty to change the title or subject.

277.A committee, which is under no directions as to the time and place of meeting, may meet when and where it pleases, and adjoin itself from day to day, or otherwise, until it has gone through with the business committed to it; but, if it is ordered to meet at a particular time, and it fails of doing so, for any cause, the committee is closed, and cannot act without being newly directed to sit.

278.Disorderly words spoken in a committee must be written down in the same manner as in the assembly; but the committee, as such, can do nothing more than report them to the assembly for its animadversion; neither can a committee punish disorderly conduct of any other kind, but must report it to the assembly.

279.When any paper is before a committee whether select or of the whole, it may either have originated with the committee, or have been referred to them; and, in either case, when the paper comes to be considered, the course is for it to be first read entirely through, by the clerk of the committee, if there is one, otherwise by the chairman; and then to be[p148]read through again by paragraphs by the chairman, pausing at the end of each paragraph, and putting questions for amending, either by striking out or inserting, if proposed. This is the natural order of proceeding in considering and amending any paper, and is to be strictly adhered to in the assembly; but the same strictness does not seem necessary in a committee.

280.If the paper before a committee is one which has originated with the committee, questions are put on amendments proposed, but not on agreeing to the several paragraphs of which it is composed, separately, as they are gone through with; this being reserved for the close, when a question is to be put on the whole, for agreeing to the paper, as amended, or unamended.

281.If the paper be one, which has been referred to the committee, they proceed as in the other case to put questions of amendment, if proposed, but no final question on the whole; because all the parts of the paper, having been passed upon if not adopted by the assembly as the basis of its action, stand, of course, unless altered or struck out by a vote of the assembly. Andeven if the[p149]committeeare opposed to the whole paper, and are of opinion, that it cannot be made good by amendments, they have no authority to reject it; they must report it back to the assembly, without amendments, (specially stating their objections, if they think proper,) and there make their opposition as individual members.[Footnote37]

282.In the case of a paper originating with a committee, they may erase or interline it as much as they please; though, when finally agreed to, it ought to be reported in a clear draft, fairly written, without erasure or interlineation.

283.But, in the case of a paper referred to a committee, they are not at liberty to erase, interline, blot, disfigure, or tear it, in any manner; but they must, in a separate paper, set down the amendments they have agreed to report, stating the words which are to be inserted or omitted, and the place where the amendments are to be made, by references to the paragraphor section, line, and word.

284.If the amendments agreed to are very[p150]numerous and minute, the committee may report them altogether, in the form of a new and amended draft.

285.When a committee has gone through the paper, or agreed upon a report on the subject, which has been referred to them, it is then moved by some member, and thereupon voted, that the committee rise, and that the chairman, or some other member, make their report to the assembly.

286.When the report of a committee is to be made, the chairman, or member appointed to make the report, standing in his place, informs the assembly, that the committee, to whom was referred such a subject or paper, have, according to order, had the same under consideration, and have directed him to make a report thereon, or to report the same with sundry amendments, or without amendment, as the case may be, which he is ready to do, when the assembly shall please; and he or any other member may then move that the report be now received. On this motion being made, the question is put whether the assembly will receive the report at that time; and a[p151]vote passes, accordingly, either to receive it then, or fixing upon some future time for its reception.

287.At the time, when, by the order of the assembly, the report is to be received, the chairman reads it in his place, and then delivers it, together with all the papers, connected with it, to the clerk at the table; where it is again read, and then lies on the table, until the time assigned, or until it suits the convenience of the assembly, to take it up for consideration.

288.If the report of the committee is of a paper with amendments, the chairman reads the amendments with the coherence in the paper, whatever it may be, and opens the alterations, and the reasons of the committee for the amendments, until he has gone through the whole; and, when the report is read at the clerk’s table, the amendments only are read without the coherence.

289.In practice, however, the formality of a motion and vote on the reception of a report is usually dispensed with; though, if any objection is made, or if the presiding officer sees any informality in the report, he should decline receiving it without a motion and vote;[p152]and a report, if of any considerable length, is seldom read, either by the chairman in his place, or by the clerk at the table, until it is taken up for consideration. In legislative assemblies, the printing of reports generally renders the reading of them unnecessary.

290.The report of a committee being made and received, the committee is dissolved, and can act no more without a new power; but their authority may be revived by a vote, and the same matter recommitted to them. If a report, when offered to the assembly, is not received, the committee is not thereby discharged, but may be ordered to sit again, and a time and place appointed accordingly.

291.When a subject or paper has been once committed, and a report made upon it, it may be recommitted either to the same or a different committee; and if a report is recommitted, before it has been agreed to by the assembly, what has heretofore passed in the committee is of no validity; the whole question being again before the committee, as if nothing had passed there in relation to it.

292.The report of a committee may be made in three different forms, namely:first, it may contain merely a statement of facts,[p153]reasoning, or opinion, in relation to the subject of it, without any specific conclusion; or,second, a statement of facts, reasoning, or opinion, concluding with a resolution, or series of resolutions, or some other specific proposition; or,third, it may consist merely of such resolutions, or propositions, without any introductory part.

293.The first question, on a report, is, in strictness, on receiving it; though in practice, this question is seldom or never made; the consent of the assembly, especially in respect to the report of a committee of the whole, being generally presumed, unless objection is made. When a report is received, whether by general consent, or upon a question and vote, the committee is discharged, and the report becomes the basis of the future proceedings of the assembly, on the subject to which it relates.

294.At the time assigned for the consideration of a report, it may be treated and disposed of precisely like any other proposition (59to 77); and may be amended, in the same manner (78to 133), both in the preliminary statement, reasoning, or opinion, if it contain any, and in the resolutions, or other[p154]propositions with which it concludes; so if it consist merely of a statement, etc.,without resolutions, or of resolutions, etc., without any introductory part.

295.The final question on a report, whatever form it may have, is usually stated on its acceptance; and, when accepted, the whole report is adopted by the assembly, and becomes the statement, reasoning, opinion, resolution, or other act, as the case may be, of the assembly; the doings of a committee, when agreed to, adopted, or accepted, becoming the acts of the assembly, in the same manner as if done originally by the assembly itself, without the intervention of a committee.

296.It would be better, however, and in stricter accordance with parliamentary rules, to state the final question on a report, according to the form of it. If the report contain merely a statement of facts, reasoning, or opinion, the question should be on acceptance; if it also conclude with resolutions, or other specific propositions, of any kind,—the introductory part being consequently merged in the conclusion,—the question should be on agreeing to the resolutions, or on adopting[p155]the order, or other proposition, or on passing or coming to the vote, recommended by the committee; and the same should be the form of the question when the report consists merely of resolutions, etc., without any introductory part.

297.When a subject has been ordered to be referred to a committee of the whole, the form of going from the assembly into committee, is, for the presiding officer, at the time appointed for the committee to sit, on motion made and seconded for the purpose, to put the question that the assembly do now resolve itself into a committee of the whole, to take under consideration such a matter, naming it. If this question is determined in the affirmative, the result is declared by the presiding officer, who, naming some member to act as chairman of the committee, then leaves the chair, and takes a seat elsewhere, like any other member; and the person appointed chairman seats himself (not in the chair of the assembly but) at the clerk’s table.[Footnote38]

[p156]298.The chairman named by the presiding officer is generally acquiesced in by the committee; though, like all other committees, a committee of the whole have a right to elect a chairman for themselves, some member, by general consent, putting the question.

299.The same number of members is necessary to constitute a quorum of a committee of the whole, as of the assembly; and if the members present fall below a quorum, at any time, in the course of the proceedings, the chairman, on a motion and question, rises,—the presiding officer thereupon resumes the chair,—and the chairman informs the assembly (he can make no other report) of the cause of the dissolution of the committee.

300.When the assembly is in committee of the whole, it is the duty of the presiding officer to remain in the assembly-room, in order to be at hand to resume the chair, in case the committee should be broken up by some disorder, or for want of a quorum, or should rise, either to report progress, or to make their final report upon the matter committed to them.

301.The clerk of the assembly does not[p157]act as clerk of the committee (this is the duty of the assistant clerk in legislative bodies), or record in his journal any of the proceedings or votes of the committee, but only their report as made to the assembly.

302.The proceedings in a committee of the whole, though, in general, similar to those in the assembly itself, and in other committees, are yet different in some respects, the principal of which are thefollowing:—

303.First.The previous question cannot be moved in a committee of the whole. The only means of avoiding an improper discussion is, to move that the committee rise; and, if it is apprehended, that the same discussion will be attempted on returning again into committee, the assembly can discharge the committee, and proceed itself with the business, keeping down any improper discussion by means of the previous question.[Footnote39]

304.Second.A committee of the whole cannot adjourn, like other committees, to some other time or place, for the purpose of[p158]going on with and completing the consideration of the subject referred to them; but if their business is unfinished, at the usual time for the assembly to adjourn, or, for any other reason, they wish to proceed no further at a particular time, the form of proceeding is, for some member to move that the committee rise,—report progress,—and ask leave to sit again; and, if this motion prevails, the chairman rises,—the presiding officer resumes the chair of the assembly,—and the chairman of the committee informs him that the committee of the whole have, according to order, had under their consideration such a matter, and have made some progress therein;[Footnote40]but, not having had time to go through with the same, have directed him to ask leave for the committee to sit again. The presiding officer thereupon puts a question on giving the committee leave to sit again, and also on the time when, the assembly will again resolve itself into a committee. If leave to sit again is not granted, the committee is of course dissolved.

305.Third.In a committee of the whole, every member may speak as often as he[p159]pleases, provided he could obtain the floor; whereas in the assembly itself, no member can speak more than once.

306.Fourth.A committee of the whole cannot refer any matter to another committee; but other committees may and do frequently exercise their functions, and expedite their business by means of sub-committees of their own members.

307.Fifth.In a committee of the whole, the presiding officer of the assembly has a right to take a part in the debate and proceedings, in the same manner as any other member.

308.Sixth.A committee of the whole, like a select committee, has no authority to punish a breach of order whether of a member, or stranger; but can only rise and report the matter to the assembly, who may proceed to punish the offender. Disorderly words must be written down in committee, in the same manner as in the assembly, and reported to the assembly for their animadversion.

309.The foregoing are the principal points of difference between proceedings in the assembly and in committees of the whole; in most other respects they are precisely similar.[p160]It is sometimes said, that in a committee of the whole, it is not necessary that a motion should be seconded. There is no foundation, however, either in reason or parliamentary usage, for this opinion.

310.When a committee of the whole have gone through with the matter referred to them, a member moves that the committee rise, and that the chairman (or some other member) report their proceedings to the assembly; which being resolved, the chairman rises and goes to his place,—the presiding officer resumes the chair of the assembly,—and the chairman informs him, that the committee have gone through with the business referred to them, and that he is ready to make their report, when the assembly shall think proper to receive it. The time for receiving the report is then agreed upon; and, at the time appointed, it is made and received in the same manner as that of any other committee (286).

311.It sometimes happens, that the formality of a motion and question as to the time of receiving a report is dispensed with. If the assembly are ready to receive it, at the time, they cry out, “now, now,” whereupon the chairman proceeds; if not then ready,[p161]some other time is mentioned, as “to-morrow,” or “Monday,” and that time is fixed by general consent. But, when it is not the general sense of the assembly to receive the report at the time, it is better to agree upon and fix the time by a motion and question.[Footnote41]

[Footnote36:“In theory, the majority of the committee should be of the friends of the measure referred. But as a general rule it will be found that, whichever political party is in the ascendant, that party has a majority on the committee, as they will then be able to control the committee’s workings, etc.”—Ed.]Return to text[Footnote37:This rule is not applicable, of course, to those cases in which theSUBJECT, as well as theFORM OR DETAILSof a paper, is referred to the committee.]Return to text[Footnote38:Jefferson says he will sit at the clerk’s table.Mell says, “The chairman thus designated will take thePresident’schair.”—Ed.]Return to text[Footnote39:If the object be to stop debate, that can only be effected, in the same manner, unless there is a special rule, as to the time of speaking, or to taking a subject out of committee.]Return to text[Footnote40:If it is a second time, the expression is, “some further progress,” etc.]Return to text[Footnote41:“Amendments proposed by the committee may be amended or rejected by the assembly, and matters stricken out by the committee may be restored by the assembly.”—Ed.]Return to text

[Footnote36:“In theory, the majority of the committee should be of the friends of the measure referred. But as a general rule it will be found that, whichever political party is in the ascendant, that party has a majority on the committee, as they will then be able to control the committee’s workings, etc.”—Ed.]Return to text

[Footnote37:This rule is not applicable, of course, to those cases in which theSUBJECT, as well as theFORM OR DETAILSof a paper, is referred to the committee.]Return to text

[Footnote38:Jefferson says he will sit at the clerk’s table.

Mell says, “The chairman thus designated will take thePresident’schair.”—Ed.]Return to text

[Footnote39:If the object be to stop debate, that can only be effected, in the same manner, unless there is a special rule, as to the time of speaking, or to taking a subject out of committee.]Return to text

[Footnote40:If it is a second time, the expression is, “some further progress,” etc.]Return to text

[Footnote41:“Amendments proposed by the committee may be amended or rejected by the assembly, and matters stricken out by the committee may be restored by the assembly.”—Ed.]Return to text

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