SECTION XXVI.BILLS, COMMITMENT.If, on motion and question, it be decided that the bill shall be committed, it may then be moved to be referred to a committee of the whole House, or to a special committee. If the latter, the Speaker proceeds to name the committee. Any member also may name a single person, and the clerk is to write him down as of the committee. But the House have a controlling power over the names and number, if a question be moved against any one; and may in any case put in and put out whom they please.Those who take exceptions to some particulars in the bill, are to be of the committee. But none who speak directly againstthe body of the bill. For he that would totally destroy, would not amend it.—Hakew.146;Town. col.208;D'Ewes, 634,col.2;Scob.47; or, as is said, 5Grey, 145, the child is not to be put to a nurse that cares not for it.—6Grey, 373. It is therefore a constant rule, "that no man is to be employed in any matter who has declared himself against it." And when any member who is against the bill, hears himself named of its committee, he ought to ask to be excused. Thus, March 6, 1606, Mr. Hadley was, on the question being put, excused from being of a committee, declaring himself to be against the matter itself.—Scob.48.No bill shall be committed or amended until it shall have been twice read, after which it may be referred to a committee.—Rule14.All committees shall be appointed by ballot, and a plurality of voices shall make a choice.—Rule15.The clerk may deliver the bill to any member of the committee.—Town.col.138. But it is usual to deliver it to him who is first named.In some cases, the House has ordered the committee to withdraw immediately into the committee-chamber, and act on and bring back the bill, sitting the House.—Scob.48.A committee meets when and where they please, if the House has not ordered time and place for them.—6Grey, 370. But they can only act when together, and not by separate consultation and consent; nothing being the report of the committee, but what has been agreed to in committee, actually assembled.A majority of the committee constitutes a quorum for business.—Elsynge's method of passing bills, 11.Any member of the House may be present at any select committee, but cannot vote, and must give place to all of the committee, and must sit below them.—Elsynge, 12;Scob.49.But in 1626, April 24th, the House of Commons resolved that though any members may be present at the examination of witnesses, they may not be at the debate, disposition, or penning of the business by the select committee.—4Hats.124.The committee have full power over the bill or other papercommitted to them, except that they cannot change the title or subject.—8Grey, 228.The paper before a committee, whether select or of the whole, may be a bill, resolutions, draught of an address, &c., and it may either originate with them, or be referred to them. In every case, the whole paper is read first by the clerk, and then by the chairman, by paragraphs,Scob.49, pausing at the end of each paragraph, and putting questions, for amending, if proposed. In the case of resolutions on distinct subjects, originating with themselves, a question is put on each separately, as amended, or unamended, and no final question on the whole.—3Hats.276. But if they relate to the same subject, a question is put on the whole. If it be a bill, draught of an address, or other paper originating with them, they proceed by paragraphs, putting questions for amending, either by inserting or striking out, if proposed; but no question on agreeing to the paragraphs separately. This is reserved to the close, when a question is put on the whole for agreeing to it as amended or unamended. But if it be a paper referred to them, they proceed to put questions of amendment, if proposed, but no final question on the whole; because all parts of the paper having been adopted by the House, stand, of course, unless altered, or struck out by a vote. Even if they are opposed to the whole paper, and think it cannot be made good by amendments, they cannot reject it, but must report it back to the House without amendments, and there make their opposition.The natural order in considering and amending any paper is, to begin at the beginning, and proceed through it by paragraphs; and this order is so strictly adhered to in Parliament, that, when a latter part has been amended, you cannot recur back and make any alteration in a former part.—2Hats.90. In numerous assemblies, this restraint is, doubtless, important.But in the Senate of the United States, though in the main we consider and amend the paragraphs in their natural order, yet recurrences are indulged; and they seem, on the whole, in that small body, to produce advantages overweighing their inconveniences.To this natural order of beginning at the beginning, there isa single exception found in Parliamentary usage. When a bill is taken up in committee, or on its second reading, they postpone the preamble, till the other parts of the bill are gone through. The reason is, that on consideration of the body of the bill, such alterations may therein be made, as may also occasion the alteration of the preamble.—Scob.50; 7Grey, 431.On this head, the following case occurred in the Senate, March 6, 1800. A resolution which had no preamble, having been already amended by the House, so that a few words only of the original remained in it, a motion was made to prefix a preamble, which, having an aspect very different from the resolution, the mover intimated that he should afterwards propose a correspondent amendment in the body of the resolution. It was objected that a preamble could not be taken up till the body of the resolution is done with. But the preamble was received; because we are in fact through the body of the resolution, we have amended that as far as amendments have been offered, and indeed till little of the original is left. It is the proper time, therefore, to consider a preamble; and whether the one offered be consistent with the resolution, is for the House to determine. The mover, indeed, has intimated that he shall offer a subsequent proposition for the body of the resolution; but the House is not in possession of it; it remains in his breast, and may be withheld. The rules of the House can only operate on what is before them. The practice of the Senate, too, allows recurrences backwards and forwards for the purpose of amendments, not permitting amendments in a subsequent, to preclude those in a prior part, ora converso.When the committee is through the whole, a member moves that the committee may rise, and the chairman report the paper to the House, with or without amendments, as the case may be. —2Hats.289, 292;Scob.53; 2Hats.290; 8Scob.50.When a vote is once passed in a committee, it cannot be altered but by the House, their votes being binding on themselves.—1607, June 4.The committee may not erase, interline, or blot the bill itself; but must, in a paper by itself, set down the amendments, statingthe words that are to be inserted or omitted,Scob.50; and where, by reference to the page, line, and word of the bill.—Scob.50.
If, on motion and question, it be decided that the bill shall be committed, it may then be moved to be referred to a committee of the whole House, or to a special committee. If the latter, the Speaker proceeds to name the committee. Any member also may name a single person, and the clerk is to write him down as of the committee. But the House have a controlling power over the names and number, if a question be moved against any one; and may in any case put in and put out whom they please.
Those who take exceptions to some particulars in the bill, are to be of the committee. But none who speak directly againstthe body of the bill. For he that would totally destroy, would not amend it.—Hakew.146;Town. col.208;D'Ewes, 634,col.2;Scob.47; or, as is said, 5Grey, 145, the child is not to be put to a nurse that cares not for it.—6Grey, 373. It is therefore a constant rule, "that no man is to be employed in any matter who has declared himself against it." And when any member who is against the bill, hears himself named of its committee, he ought to ask to be excused. Thus, March 6, 1606, Mr. Hadley was, on the question being put, excused from being of a committee, declaring himself to be against the matter itself.—Scob.48.
No bill shall be committed or amended until it shall have been twice read, after which it may be referred to a committee.—Rule14.
All committees shall be appointed by ballot, and a plurality of voices shall make a choice.—Rule15.
The clerk may deliver the bill to any member of the committee.—Town.col.138. But it is usual to deliver it to him who is first named.
In some cases, the House has ordered the committee to withdraw immediately into the committee-chamber, and act on and bring back the bill, sitting the House.—Scob.48.
A committee meets when and where they please, if the House has not ordered time and place for them.—6Grey, 370. But they can only act when together, and not by separate consultation and consent; nothing being the report of the committee, but what has been agreed to in committee, actually assembled.
A majority of the committee constitutes a quorum for business.—Elsynge's method of passing bills, 11.
Any member of the House may be present at any select committee, but cannot vote, and must give place to all of the committee, and must sit below them.—Elsynge, 12;Scob.49.
But in 1626, April 24th, the House of Commons resolved that though any members may be present at the examination of witnesses, they may not be at the debate, disposition, or penning of the business by the select committee.—4Hats.124.
The committee have full power over the bill or other papercommitted to them, except that they cannot change the title or subject.—8Grey, 228.
The paper before a committee, whether select or of the whole, may be a bill, resolutions, draught of an address, &c., and it may either originate with them, or be referred to them. In every case, the whole paper is read first by the clerk, and then by the chairman, by paragraphs,Scob.49, pausing at the end of each paragraph, and putting questions, for amending, if proposed. In the case of resolutions on distinct subjects, originating with themselves, a question is put on each separately, as amended, or unamended, and no final question on the whole.—3Hats.276. But if they relate to the same subject, a question is put on the whole. If it be a bill, draught of an address, or other paper originating with them, they proceed by paragraphs, putting questions for amending, either by inserting or striking out, if proposed; but no question on agreeing to the paragraphs separately. This is reserved to the close, when a question is put on the whole for agreeing to it as amended or unamended. But if it be a paper referred to them, they proceed to put questions of amendment, if proposed, but no final question on the whole; because all parts of the paper having been adopted by the House, stand, of course, unless altered, or struck out by a vote. Even if they are opposed to the whole paper, and think it cannot be made good by amendments, they cannot reject it, but must report it back to the House without amendments, and there make their opposition.
The natural order in considering and amending any paper is, to begin at the beginning, and proceed through it by paragraphs; and this order is so strictly adhered to in Parliament, that, when a latter part has been amended, you cannot recur back and make any alteration in a former part.—2Hats.90. In numerous assemblies, this restraint is, doubtless, important.
But in the Senate of the United States, though in the main we consider and amend the paragraphs in their natural order, yet recurrences are indulged; and they seem, on the whole, in that small body, to produce advantages overweighing their inconveniences.
To this natural order of beginning at the beginning, there isa single exception found in Parliamentary usage. When a bill is taken up in committee, or on its second reading, they postpone the preamble, till the other parts of the bill are gone through. The reason is, that on consideration of the body of the bill, such alterations may therein be made, as may also occasion the alteration of the preamble.—Scob.50; 7Grey, 431.
On this head, the following case occurred in the Senate, March 6, 1800. A resolution which had no preamble, having been already amended by the House, so that a few words only of the original remained in it, a motion was made to prefix a preamble, which, having an aspect very different from the resolution, the mover intimated that he should afterwards propose a correspondent amendment in the body of the resolution. It was objected that a preamble could not be taken up till the body of the resolution is done with. But the preamble was received; because we are in fact through the body of the resolution, we have amended that as far as amendments have been offered, and indeed till little of the original is left. It is the proper time, therefore, to consider a preamble; and whether the one offered be consistent with the resolution, is for the House to determine. The mover, indeed, has intimated that he shall offer a subsequent proposition for the body of the resolution; but the House is not in possession of it; it remains in his breast, and may be withheld. The rules of the House can only operate on what is before them. The practice of the Senate, too, allows recurrences backwards and forwards for the purpose of amendments, not permitting amendments in a subsequent, to preclude those in a prior part, ora converso.
When the committee is through the whole, a member moves that the committee may rise, and the chairman report the paper to the House, with or without amendments, as the case may be. —2Hats.289, 292;Scob.53; 2Hats.290; 8Scob.50.
When a vote is once passed in a committee, it cannot be altered but by the House, their votes being binding on themselves.—1607, June 4.
The committee may not erase, interline, or blot the bill itself; but must, in a paper by itself, set down the amendments, statingthe words that are to be inserted or omitted,Scob.50; and where, by reference to the page, line, and word of the bill.—Scob.50.