the same matter re-committed to them.

361.

4 Grey,

SEC. XXVIII.—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. XXIX,-BILL, REPORT 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, 369. 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 admit

ted, 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 a third time?

SEC. XXX.-QUASI-COMMITTEE.

If on motion and question, the bill be not committed, or if no proposition for commitment be made then the proceedings in the Senate of the United States, and in parliament, are totally dif-. ferent. The former shall be first stated.

[The 28th rule of the Senate says, "All bills, on a second reading, shall first be considered by the Senate in the same manner as if the Senate were in committee of the whole, before they shall be taken up and proceeded on by the Senate, agreeably to the standing rules, unless otherwise ordered:" (that is to say, unless ordered to be referred to a special committee.) And when the Senate shall consider a treaty, bill, or resolution, as in committee of the whole, the Vice-President, or President pro tempore, may call a member to fill the chair, during the time the Senate shall remain in committee of the whole; and the chairman so called, shall, during such time, have the powers of a president, pro tempore.]

[The proceeding of the Senate, as in a committee of the whole, or in quasi-committee, is precisely as in a real committee of the whole, taking

no questions but on amendments. When through the whole, they consider the quasi-committee as risen, the House resumed, without any motion, question, or resolution to that effect, and the president reports that, "the House, acting as in a committee of the whole, have had under their consideration the bill entitled, &c., and have made sundry amendments which he will now report to the House." The bill is then before them, as it would have been if reported from a committee, and questions are regularly to be put again on every amendment; which being gone through, the president pauses to give time to the House to propose amendments to the body of the bill; and when through, puts the question whether it shall be read a third time.]

[After progress in amending a bill in quasicommittee, a motion may be made to refer it to a special committee. If the motion prevails, it is equivalent in effect to the several votes that the committee rise, the House resume itself, discharge the committee of the whole, and refer the bill to a special committee. In that case the amendments already made fall. But if the motion fails, the quasi-committee stands in statu quo.]

[How far does this 28th rule subject the House when in quasi-committee, to the laws which regulate the proceedings of committees of the whole?] The particulars in which these differ from proceedings in the House, are the following: 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. [The 1st and 2d of these peculiarities attach to the quasi-committee of the Senate, as every day's practice proves, and seem to be the only ones to which the 28th rule meant to subject them. For it continues to be a House, and therefore, though it acts in some respects as a committee, in others it preserves its character as a House. Thus, 3. it is in the daily habit of referring its business to a special committee. 4. It admits of the previous question. If it did not, it would have no means of preventing an improper discussion; not being able as a committee is, to avoid it by returning into the House; for the moment it would resume the same subject there, the 28th rule declares it again a quasi-committee. 5. It would doubtless exercise its powers as a House on any breach of order. 6. It takes a question by yea and nay, as the House does. 7. It receives messages from the president and the other House. 8. In the midst of a debate it receives a motion to adjourn, and adjourns as a House, not as a committee.]

SEC. XXXI.-BILL, SECOND READING IN THE HOUSE.

In parliament, after the bill has been read a se. cond time, if on the motion and question, it be not committed, or if no proposition for commitment be made, the speaker reads it by paragraphs, pausing between each, but putting no question but on amendments proposed; and when through the whole, he puts the question whether it shall be read a third time? if it came from the other House: or, if originating with themselves, whether it shall be engrossed and read a third time? The speaker reads sitting, but rises to put questions. The clerk stands while he reads.

*[But the Senate of the United States is so much in the habit of making many and material amendments at the third reading, that it has become the practice not to engross a bill till it has passed.An irregular and dangerous practice; because, in

* The former practice of the Senate, referred to in this paragraph, has been changed by the following rule :

[The final question, upon the second reading of every bill, resolution, constitutional amendment, or motion, originating in the Senate, and requiring three readings previous to being passed, shall be, "Whether it shall be engrossed and read a third time?" and no amendment shall be received for discussion at the third reading of any bill, resolution, amendment, or motion, unless by unanimous consent of the members present; but it shall at all times be in order, before the final passage of any such bill, resolution, constitutional amendment, or motion, to move its commitment; and should such commitment take place, and any amendment be reported by the committee, the said bill, resolution, constitutional amendment, or motion, shall be again read a second time, and considered as in committee of the whole, and then the aforesaid question shall be again put. Rule 29.]