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.

In the Senate of the United States, the President reports the title of the bill, that this is the second time of reading it, that it is now to be considered as in a committee of the whole, and the question will be, Whether it shall be read a third time? or, that it may be referred to a special committee.-Vide Rule 27.

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 exception 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 opposition be made to it, the question shall be, "Shall this bill be rejected?" If no opposition be made, or if the question to reject be negatived, the bill shall go to its second reading without a question.-Rules 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. All 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 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, (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 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.

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 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.-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 re

served 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.

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 adyantages overweighing their inconveniences.

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 alrea dy 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 til! 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 resolu

tion, 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 backward and forwards for the purpose of amendments, not permitting amendments in a subsequent, to preclude those in a prior part, or e converso.

When a 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 that are to be inserted or omitted, Scob. 50; and where, by reference to the page, line and word of the bill.-Scob. 50.

SECTION XXVII.

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 may 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 amendments, 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.

SECTION 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 committed before agreed to in the House, what has passed in the 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 recommitment.

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.

SECTION 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, 368—8 Grey, 47, 104, 360-1 Tarbuck'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. 23. 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 with

When