Imagens das páginas
PDF
ePub

departs from it. And the question of order being deeided, 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 arising 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 farther debate, yet, if he chooses, he has a right to go on.

SECTION XXI.

RESOLUTIONS.

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

A resolution for an allowance of money to the clerks being moved, it was objected to as not in order, and so ruled by the chair. But on appeal to the Senate, (i. e., a call for their sense by the President, on account of doubt in his mind, according to Rule 16,) the decision was overruled. - Journ. Sen., June 1, 1796. I presume the doubt was, whether an allowance of money could be made otherwise than by bill.

SECTION XXII.

BILLS.

EVERY bill shall receive three readings previous to its being passed and the President shall give notice at each, whether it be the first, second, or third; which readings shall be on three different daya unless the Senate unanimously direct ntherwise.-Rule 26.

Every bill shall be introduced on the report of a committeo, or by motion for leave. In the latter case, at least one day's notice shall be given of the motion; and the motion shall be made, and the bili introduced, if leave is given, when resolutions are called for: such motion, or the bill when introduced, may be committed.-Rules H. R. 108

SECTION XXIII.

BILLS, LEAVE TO BRING IN.

UNE day's notice, at least, shall be given of an intended motion fo leave to bring in a bill.Rule 25.

When a member desires to bring 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 on 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. 31; 1 Grey, 82, 84.

[ocr errors]

SECTION XXIV.

BILLS, FIRST READING.

WHEN a bill is first presented, the clerk reads it at the table, and hands it to the Speaker, who, rising, states to the House the title of the bill; that this is the first time of reading it; and the question will be, Whether it shall be read a second time? Then, sitting down, to give an opening for objections; if none be made, he rises again, and puts the question, Whether it shall be read a second time?--Hakew. 137, 141. A bill cannot be amended at the first reading, -6 Grey, 286; nor is it usual for it to be opposed then, but it may be done and rejected.—D'Ewes, 335, col. 1; 3 Hats. 198. (Vide Rules H. R. 109.)

SECTION XXV.

BILLS, SECOND READING.

The second reading must regularly be on another day.--Hakew. 143. It is done by the clark 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? Trut if the bill came from the other House, as it ..lways comes engrossed, he states that the question will be, Whether it shall be read a third time? Ani before he has so reported the state of the bill, no one is to speak to it.-Hakew. 143, 146.

In the Senate of the United States, the I. ssident reports the title of the bill, that this is the second ti ne of reading it, that it is now to be considered as in a committee of the wl ule, and the question will be, Whether it shall be read a third time? -; that it may be refared to a special committee.- Vide Rule 27.

SECTION XXVI.

BILLS, COMMITMENT.

IF, on motion and question, it be decided that the vill 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 against the 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, 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 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.-Rule 27. The first reading of a bill shall be for information; and if oppositior made to it, the question shall be, “Shall this bill be rejected ?" L no opposition be made, or if the question to reject be negatived, the bill shall go to its second reading without a question.-.Ruies H. R.110.

In the appointment of the standing committees, the Senate will proceed, by ballot, severally to appoint the chairman of each committee, and then, by one ballot, the other members necessary to complete the same; and a majority of the whole number of votes given shall be necessary to the choice of a chairman of a standing committee. AU other committees shall be appointed by ballot, and a plurality of votes shall make a choice. When any subject or matter shall have been referred to a committee, any other subject or matter of a similar nature may, on motion, be referred to such committee.-Rule 34.

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 Fouse has ordered the committee to withdraw immediately into the committee-chamber, and act on and bring back the bill, sitting the House. -Scob. 48. Vide Rules H. R. 102.

A committee meets when and where they please, if the House has not ordered time and place for them.—6 Grey, 370. But they can only act when together, and not by separate consultation and con

ent; nothing being the report of the committee, but what has been agreed to in committee actually assembled.

A majority of the committee constitutes a quorumi 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.

The committee have full power over the bill, or other paper committed to them, except that they can. not 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 an

« AnteriorContinuar »