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will now proceed to that matter? Where orders of the day are on important or interesting matter, they ought not to be proceeded on till an hour at which the House is usually full.

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

When a session is drawing to a close, and the important bills are all brought in, the House, in order to prevent interruption by further unimportant bills, sometimes come to a resolution that no new bill be brought in, except it be sent from the other house. 3 Grey, 156.

All orders of the House determine with the session; and one taken under such an order may, after the session is ended, be discharged on a habeas corpus. Raym., 120; Jacob's L. D. by Ruff head; Parliament, 1 Lev., 165 (Pritchard's case).

[Where the Constitution authorizes each house to determine the rules of its proceedings, it must mean in those cases (legislative, executive, or judiciary) submitted to them by the Constitution, or in something relating to these, and necessary toward their execution. But orders and resolutions are sometimes entered in the journals, having no relation to these, such as acceptances of invitations to attend orations, to take part in processions, &c. These must be understood to be merely conventional among those who are willing to participate in the ceremony, and are therefore, perhaps, improperly placed among the records of the House.]

SEC. XVI.-PETITION.

A petition prays something. A remonstrance has no prayer. 1 Grey, 58. Petitions must be subscribed by the petitioners (Scob., 87 ; L. Parl., c. 22; 9 Grey, 362), unless they are attending (1 Grey, 401); or unable to sign, and averred by a member (3 Grey, 418). But a petition not subscribed, but which the member presenting it affirmed to be all in the handwriting of the petitioner, and his name written in the beginning, was on the question (Mar. 14, 1800) received by the Senate. The averment of a member, or of somebody without doors, that they know the handwriting of the petitioners, is necessary, if it be questioned. 6 Grey, 36. It must be presented by a member, not by the petitioners, and must be opened by him, holding it in his hand. 10 Grey, 57.

Regularly a motion for receiving it must be made and seconded, and a question put whether it shall be received ; but a cry from the House of "received,” or even its silence, dispenses with the formality of this question. It is then to be read at the table and disposed of.

SEC. XVII.-MOTIONS.

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

It is then, and not till then, in possession of the House, and cannot be withdrawn but by leave of the House. It is to be put into writing, if the House or Speaker require it, and must be read to the House by the Speaker as often as any member desires it for his information. 2 Hats., 82.

It might be asked whether a motion for adjournment or for the orders of the day can be made by one member while another is speaking. It cannot- When two

members offer to speak, he who rose first is to be heard, and it is a breach of order in another to interrupt him, unless by calling him to order if he departs from it. And the question of order being decided, he is still to be heard through. A call for adjournment, or for the order of the day, or for the question, by gentlemen from their seats, is not a motion. No motion can be made without rising and addressing the Chair. Such calls are themselves breaches of order, which, though the member who has risen may respect, as an expression of impatience of the House against further debate, yet if he chooses, he has a right to go on.

SEC. XVIII.-RESOLUTIONS.

When the House commands, it is by an "order." But fact, principles, and their own opinions and purposes, are expressed in the form of resolutions.

SEC. XIX.-BILLS, LEAVE TO BRING IN.

When a member desires to bring in a bill on any subject, he states to the House in general terms the causes for doing it, and concludes by moving for leave to bring in a bill entitled, &c. Leave being given on the question, a committee is appointed to prepare and bring in the bill. The mover and seconder are always appointed of this committee, and one or more in addition. Hakew., 132; Scob., 40. It is to be presented fairly written, without any erasure or interlineation, or the Speaker may refuse it. Scob., 41; 1 Grey, 82, 84.

SEC. XX.-BILLS, FIRST READING.

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

SEC. XXI.-BILLS, SECOND READING.

The second reading must regularly be on another day. Hakew., 143. It is done by the clerk at the table, who then hands it to the Speaker. The Speaker, rising, states to the House the title of the bill; that this is the second time of reading it; and that the question will be, whether it shall be committed or engrossed and read a third time? But if the bill came from the other house, as it always comes engrossed, he states that the question will be, whether it shall be read a third time? and before he has so reported the state of the bill, no one is to speak to it. Hakew., 143, 146.

SEC. XXII.-BILLS, COMMITMENT.

If on motion and question it be decided that the bill shall be committed, it may then be moved to be referred to Committee of the Whole House, or to a special committee. If the latter, the Speaker proceeds to name the committee. Any

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

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 a committee to withdraw immediately into the committee-chamber and act on and bring back the bill, sitting in the House. Scob., 48. A committee meet when and where they please, if the House has not ordered time and place for them (6 Grey, 370); but they can only act when together, and not by separate consultation and consent-nothing being the report of the committee but what has been agreed to in committee actually assembled.

A majority of the committee constitutes a quorum for business. Elsynge's method of passing bills, 11.

Any member of the House may be present at any select committee, but cannot vote, and must give place to all of the committee and sit below them. Elsynge, 12; Scob., 49.

The committee have full power over the bill or other paper committed to them, except that they cannot change the title or subject. 8 Grey, 228.

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

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

To this natural order of beginning at the beginning there is a single exception found in parliamentary usage. When a bill is taken up in committee or on its second reading they postpone the preamble till the other parts of the bill are gone through. The reason is that on consideration of the body of the bill such alterations may therein be made as may also occasion the alteration of the preamble. Scob., 50; 7 Grey, 431.

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 afterward 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; that 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 backward and forward for the purposes of amendment, not permitting amendments in a subsequent to preclude those in a prior part, or e 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. 2 Hats., 289, 292; Scob., 53; 2 Hats., 290; 8 Scob., 50. When a vote is once passed in a committee, it cannot be altered but by the House, their votes being binding on themselves. 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, stating the words which are to be inserted or omitted (Scob., 50), and where, by references to the page, line, and word of the bill. Scob., 50.

SEC. XXIII.-REPORT OF COMMITTEE.

The chairman of the committee, standing in his place, informs the House that the committee, to whom was referred such a bill, have, according to order, had the same under consideration, and have directed him to report the same without any amendment, or with sundry amendments (as the case may be), which he is ready to do when the House pleases to receive it. And he or any other may move that it be now received; but the cry of "now, now," from the House, generally dispenses with the formality of a motion and question. He then reads the amend

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ments, with the coherence in the bill, and opens the alterations and the reasons of the committee for such amendments, until he has gone through the whole. He then delivers it at the clerk's table, where the amendments reported are read by the clerk without the coherence; whereupon the papers lie upon the table till the House, at its convenience, shall take up the report. Scob., 52; Hakew., 148.

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

SEC. XXIV.-BILL, RECOMMITMENT.

After a bill has been committed and reported, it ought not in an ordinary course to be recommitted; but in cases of importance, and for special reasons, it is sometimes recommitted, and usually to the same committee. Hakew., 151. If a report be recommitted before agreed to in the House, what has passed in committee is of no validity; the whole question is again before the committee, and a new resolution must be again moved, as if nothing had passed. 3 Hats., 131-note.

In Senate, January, 1800, the salvage bill was recommitted three times after the commitment.

A particular clause of a bill may be committed without the whole bill (3 Hats., 131); or so much of a paper to one and so much to another committee.

SEC. XXV.-BILL, REPORTS TAKEN UP.

When the report of a paper originating with a committee is taken up by the House, they proceed exactly as in committee. Here, as in committee, when the paragraphs have, on distinct questions, been agreed to seriatim (5 Grey, 366; 6 Grey, 368; 8 Grey, 47, 104, 360; 1 Torbuck's Deb., 125; 3 Hats., 348), no question needs be put on the whole report. 5 Grey, 381.

On taking up a bill reported with amendments, the amendments only are read by the clerk. The Speaker then reads the first, and puts it to the question, and so on till the whole are adopted or rejected, before any other amendment be admitted, except it be an amendment to an amendment. Elsynge's Mem., 53. When through the amendments of the committee, the Speaker pauses, and gives time for amendments to be proposed in the House to the body of the bill, as he does also if it has been reported without amendments, putting no questions but on amendments proposed; and when through the whole, he puts the question whether the bill shall be read the third time?

1. In a committee every member may speak as often as he pleases. 2. The votes of a committee may be rejected or altered when reported to the House. 3. A committee, even of the whole, cannot refer any matter to another committee. 4. In a committee no previous question can be taken. The only means to avoid an improper discussion is to move that the committee rise; and if it be apprehended that the same discussion will be attempted on returning into committee, the House can discharge them and proceed itself on the business, keeping down the improper discussion by the previous question. 5. A committee cannot punish a breach of order in the House or in the gallery. 9 Grey, 113. It can only rise and report it to the House, who may proceed to punish.