CONSTITUTION OF TIIE UNITED STATES OF AMERICA, WITH THE AMENDMENTS THERETO: TO WHICH ARE ADDED JEFFERSON'S MANUAL OF PARLIAMENTARY PRACTICE, THE STANDING RULES AND ORDERS FOR CONDUCTING BUSINESS IN THE HOUSE OF REPRESENTATIVES AND SENATE OF THE UNITED STATES, AND BARCLAY'S DIGEST. WASHIINGTON. GOVERNMENT PRINTING OFFICE. 1ST SESS. 43D CONG. OF THE UNITED STATES OF AMERICA. IN THE HOUSE OF REPRESENTATIVES UNITED STATES, Xarch7 15, 1871. Resolved, That there be printed after the close of each session, and on the same terms as heretofore, the usual edition of the Constitution, Manual, Rules, and Barclay's Digest for the use of the members of the House at the next session thereafter. CONSTITUTION. We, the} people of' the United States, in order Preamblo to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. SECTION I. All legislative powers herein granted shall be Congrosz vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. SECTION II. The House of Representatives shall be com- Representstivet how chosen. posed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. No person shall be a Representative who shall Qualification of representaty-five year s. not have attained the age of twenty-five years, I (~ CONSTITUTION. ARTICLE I and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in vlhich he shall be chosen. Apportionment Representatives and direct taxes shall be apof representatives nid directtaxes. portioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, threefifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United Census every ten States, and within every subsequent term of ten years. years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampnshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. vacancies, how When vacancies happen in the representation filled. from any State, the executive authority thereof shall issue writs of election to fill such vacancies. Representatives The House of Representatives shall choose choose officers and bring im- their Speaker and other officers; and shall have peachmerits. the sole power of impeachment. SECTION III. Senates, how The Senate of the United States shall be comn. chosen. AR'ICLE I. CONSTITUTION. 7 posed of two Senators from each State, chosen by the legislature thereof, for six years; and each Senator shall have one vote. Immediately after they shall be assembled in Senators classed consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year, and of the third class, at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies Vacancies, how happen by resignation or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. No person shall be a Senator, who shall not Quaafieation of Senators. have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice President of the United States shall Vice Presidrent o preside, be President of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, Officersof Senate. and also a President pro tempsoe in the absence of the Vice President, or when he shall exercise the office of President of the United States. The Senate shall have the sole power to try all Tria} of impanh. impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President. of the United States is tried, the Chief Justice shall preside: and no person shall g CONSTITUTION. ARTICLE I. be convicted without the concurrence of twothirds of the members present. Judgment in im- Judgment in cases of impeachment shall not peathments. extend further than to removal from office, and Effect of. disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law. SECTION IV. Elections, when The times, places, and manner of holding and how held. elections for Senators and Representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. Congress rssem- The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. SECTION V. Elections, how Each house shall be the judge of the elections, udged. returns, and qualifications of its own members, Qoorum. and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized Absent members. to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. Rules. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of twoExpulsion. thirds, expel a member. ARTICLE I. CONSTITUTION. 9 Each house shall keep a journal of its proceed- Journals, to be kept and publishings, and from time to time publish the same, ed. excepting such parts as may in their judgment require secrecy, and the yeas and nays of the Yeasandnays. members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. Neither house, during the session of Congress, Adjournments. shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. SECTION VI. The Senators and Representatives shall re- Compensation. ceive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases except treason, felony and breach of the peace. Privileges. be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. No Senator or Representative shall, during Members not ap the time for which he was elected, be appointed pointed o office. to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been-increased during such time; and no person holding any office under the United States, shall be a Officersof govern ment cannot be member of either house during his continuance members. in office. 10 CONSTITUTION. ARTICLE I. SECTION VII. Revenue bills. Revenue bills. All bills for raising revenue shall originate In the House of Representatives; but the Senate may propose or concur with amendments as on other bills. Billed to be pre Every bill which shall have passed the House setedi -to the President. of Representatives and the Senate, shall, before it become a law, be presented to the President His powers over of the United States; if he approve he shall them. sign it, but if not he shall return it, with his objections to that house in which it shall have originated, who shall enter the objections at Proceedings on large on their journal, and proceed to reconsider his veto. it. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But'in all cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If Bills to be laws if any bill shall not be returned by the President not returned in ten days. within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Joint orders or Every order, resolution, or vote to which the resolutions to be approved by the concurrence of the Senate and,House of ReprePresident. sentatives may be necessary (except on a question of adjournment) shall be presented to the ARTICLE I. CONSTITUTION. 1 President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. SECTION VIII. The Congress shall have power to lay and Power of Con gress to lay taxes collect taxes, duties, imposts and excises, to pay -pay debts. the debts and provide for the common defence and general welfare of the United States; but General welfare. all duties, imposts and excises shall be uniform Dutiesuniform. throughout the United States; To borrow money on the credit of the United Borrow money. States; To regulate commerce with foreign nations, Commerce. and among the several States, and with the Indian tribes; To establish an uniform rule of naturalization, Naturalization. and uniform laws on the subject of bankruptcies Bankruptcy. throughout the United States; To coin money, regulate the value thereof, coin money. and of foreign coin, and fix the standard of Weights andmeasures. weights and measures; To provide for the punishment of counter- Counterfr;ting. feiting the securities and current coin of the United States; To establish post offices and post roads; Postroads. To promote the progress of science and use- Promote arts and ful arts, by securing for limited times to authors Science and inventors the exclusive right to their respective writings and discoveries; 1 2 CONSTITUTION. ARTICLE I. Inferior courts. To constitute tribunals inferior to the Supreme Court; Pllacies, &c. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations; Declare war and To declare war, grant letters of marque and make captures. reprisal, and make rules concerning captures on land and water; Rise armies. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; Navy. To provide and maintain a navy; Rules and articles To make rules for the government and reguof war. lation of the land and naval forces; Call out militia. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions; )rganize and gov- To provide for organizing, arming, and disern militia. ciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States reOfficersof militia. spectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; Exclusive legisla- To exercise exclusive legislation in all cases tion over seat of government. whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the And over forts, erection of forts, magazines, arsenals, dockarsenals, docks, yards, and other needful buildings;-and ARTICLE I. CONSTITUTION. 13 To make all laws which shall be necessary To make general laws to carry pow and proper for carrying into execution the fore- ers into effect. going powers, and all other powers vested by this Constitution in -the Government of the United States, or in any department or officer thereof. SECTION IX. The migration or importation of such persons Importation of slaves allowed till as any of the States now existing shall think 1808. proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. The privilege of the writ of habeas corpus nabeascorpus. shall not be suspended, unless when in cases of rebellion or invasion the public safety may. require it. No bill of attainder or ex post facto law shall Attainder lav., be passed. No capitation, or other direct tax shall be laid, Direct t.axe8. unless in proportion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles ex- No exportation duty. ported from any State. No preference shall be given by any regula- Commer.en bth e' tion of commerce or revenue to the ports of one State over those of another: nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. No money shall be drawn from the-treasury, Moncy,howdrawn from the treasury. but in consequence of appropriations made by law; and a regular statement and account of the 14 CONSTITUTION. ARTICLE I. To be plblisbed. receipts and expenditures of all public money shall be published from time to time. No nobility. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the Poreign presents consent of the Congress, accept of aly present, and titles. emolument, office, or title, of any kind whatever, from any king, prince, or foreign State. SECTION X. Pthe tateds. to No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. ther psowers do- No State shall, without the consent of the nied to States. Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. Further denial of No State shail,' without the consent of Conpowers to States. gress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. CON STITUTTON. 15 ARTICLE II. SECTION I. The executive power shall be vested in aPres- President of the United States. ident of the United States of America. He shall hold his office during the term of four years, and together with the Vice President, chosen for the same term, be elected as follows: Each State shall appoint, in such manner as Electors, how apthe legislature thereof may direct, a number of Pte electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. The electors shall meet in their respective Electors to meet and to elect a PreStates, and vote by ballot for two persons, of sident and vice President. whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to t'he seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of Theirvotescount ed in Congress. the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one 16 CONSTITUTION. &RTICLE MI who have such a majority, and have an equal Representativesto number of votes, then the House of Representachoose if electors fail tives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall mn like manner choose the Votes by States. President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest numVice President. ber of votes of the electors, shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.* Election and meet- The Congress may determine the time of ing of electors. choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. Qualifications of No person except a natural-born citizen, or a President. citizen of the United States, at the time of the adoption of this Constitution shall be eligible to the office of President; neither shall any person be eligble to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. Removal, death, In case of the removal of the President from &c., of President. office, or of his death, resignation, or inability to * This clause of the Constitution has been amt uded. See twelfth article of the amendments, page 31. ARTICLE II. CONSTITUTION. 17 discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer'shall then act as President, and such officer shall act accordingly. until the disability be removed, or a President shall be elected. The President shall, at stated times, receive Speaker shall leave his chair, and a chairman, to preside in committee, shall be appointed by the Speaker. t-April 7, 1789. "In the re-arrangement of the rules under the resolutions of the House of March 16, 1860, this rule was separated from the 145th rule, of which it had previously formed a part. t Originally the rule was silent as to the mode of appointing a chairman of the Committee of the Whole. He was appointed by the House by nomination and vote thereon. That practice became very inconvenient; and on the 13th 1November, 1794, the rule was amended by adding " by the Speaker." By rule 9, the chairman has power, in case of any disturbance or disorderly conduct in the galleries or lobby, to order the same to be cleared. 190 RULES OF THE 106. Whenever the Cominittee of the Whole on the state of the Union, or the Committee of the Whole House, finds itself without a quorum, the chairman shall cause the roll of the House to be called, and thereupon the committee shall rise, and the chairman shall report the name of the absentees to the House, which shall be entered on the journal.-Decenzber 18, 1847. 107. Upon bills committed to a Committee of the Whole House, the bill shall be first read throughout by the Clerk, and then again read and debated by clauses, leaving the preamble to be last considered; the body of the bill shall not be defaced or interlined; but all amendments, noting the page and line, shall be duly entered by the Clerk on a separate paper, as the same shall be agreed to by the committee, and so reported to the House. * After report, the bill shall again be subject to be debated and amended by clauses, before a question to engross it be taken.-April i7, 1789. 108. All amendments made to an original motion in committee shall be incorporated with the motion, and so reported. —pril 7, 1789. 109. All amendments made to a report committed to a Committee of the Whole House shall be noted, and reported, as in the case of bills.-April 7, 1789. 110. No motion or proposition for a tax or charge upon the people shall be discussed the day on which it is made or offered, and every such proposition shall receive its first discussion in a Committee of the Whole House. —November 13, 1794. 111. No sum or quantum of tax or duty, voted by a Committee of the Whole House, shall be increased in the House until the motion or proposition for such increase shall be first discussed and voted in a Committee of the Whole House; and so in respect to the time of its continuance.-.November 13, 1794. This refers to bills in manuscript and bills from the Senate. It was long after the date of this rule that the practice of printing the bills obtained. HOUSE OF REPRESENTATIVES. 191 112. All proceedings touching appropriations of money shall be first discussed in a Committee of the Whole House.*November 13, 1794. 113. The rules of proceedings in the House shall be observed in a Committee of the Whole House, so far as they may be applicable, except the rule limiting the times of speaking-A-pril 7, 1789; but no member shall speak twice to any question until every member choosing to speak shall have spoken.-December 18, 1805. 114. In Committee of the Whole on the state of the Union, the bills shall be taken up and disposed of in their order on the calendar; but when objection is made to the consideration of a bill, a majority of the committee shall decide, without debate, whether it shall be taken up and disposed of, or laid aside: provided, that general appropriation bills, and, in time of war, bills for raising men or money, and bills concerning a treaty of peace, shall be preferred to all other bills, at the discretion of the committee; and when demanded by any member, the question shall first be put in regard to them —July 27, 1848; and all debate on special orders shall be confined strictly to the measure under consideration. — March 16, 1860. t OF BILLS, 115. Every bill shall be introduced on the report of a committee, or by motion for leave.. In the latter case, at least one day's notice shall be given of the motionI in the * This rule, as first adopted, required all proceedings touching appropriations of money to be first moved in Committee of the Whole. The word " moved" was struck out on the 17th December, 1805, as it was found in practice greatly to retard public business. t This amendment was adopted for the purpose of reforming to some extent the practice which had previously prevailed in Committee of the Whole on the state of the Union, of indulging in general debate without regard to the measure under consideration. t In the early stages of the government, before the institution of standing committees. it was the common practice to introduce bills, on motion for leave. 192 RULES OF THE House, or by filing a memorandum thereof with the Clerk, and having it entered on thejournal; and the motion shall be made, and the bill introduced, if leave is given, when resolutions are called for; * such motion, or the bill when introduced, may be committed.-April 7, 1789; September 15, 1 837; and l March 2, 1838. But the Speaker shall not entertain a motion for leave to introduce a bill or joint resolution for the establishment or change of post routes, and all propositions relating thereto shall be referred, under the rule, like petitions and other papers, to the appropriate committee.-May 5, 18703. 116. Every bill shall receive three several readings in the EHouse previous to its passage; and bills shall be despatched in order as they were introduced, unless where the House shall direct otherwise; but no bill shall be'twice read on the same day, without special order of the House. —April 7, 1789. 117. 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.t-fzpril 7, 1789. 118. Upon the second reading of a bill, the Speaker shall state it as ready for commitment or engrossment; and, if committed, then a question shall be, whether to a select or by individual members; the bills were then referred to a select committee, to examine and report upon. The practice, however, of introducing bills by members on leave, gradually grew into disuse as standing committees were created, and, for nearly thirty years, no case occurs on the journals. Within a few years past the practice has been revived and has now become very common, but it is, nevertheless, a very inconvenient one, and does not facilitate business. Previous to the 13th March, 1822, so strict was the House upon the introduction of bills, that standing committees had to obtain leave, in every case, to report by bill. On that day the 71st rule was adopted. * See rule 130. t If no opposition be made to a bill, or if the question to reject be negatived, and the bill receives its second reading forthwith, (as is usual,) it is always understood that it is by "special order of the IIouse." In the rapid and hurried manner in which bills are now reported and acted upon, the motion is seldom or never made, nor is the question put, " Shall the bill be note read a second time?" The Speaker takes it for granted that the motion has been made and allowed, and announces the second reading as soon as the first reading is completed. HOUSE OF REPRESENTATIVES. 193 standing committee, or to a Committee of the Whole House; if to a Committee of the Whole House, the House shall determine on what day —November 13, 1794; if no motion be made to commit, the question shall be stated on its engrossment; and if it be not ordered to be engrossed on the day of its being reported, it shall be placed on the general file On the Speaker's table, to be taken up in order.-September 14, 1837. But if the bill be orderied to be engrossed, the House shall appoint the day when it shall be read the third time.November 13, 1794. 119. General appropriation bills shall bein order in preference to any other bills of a public nature unless otherwise ordered by a majority of the House. —September 14, 1837. And the House may, at any time, by a vote of a majority of the members present, make any of the general appropriation bills a special order.-Mliarch 16, 1860.* 120. No appropriation shall be reported in such general appropriation bills, or be in order as an amendment thereto, for any expenditure not previously authorized by law-September 14, 1837-unless in continuation of appropriations for such public works and objects as are already in progress, and for the contingencies for carrying on the several departments of the governmentC.? — -March 13, 1838. 121. Upon the engrossment of any bill making appropriations of money for works of internal improvement of any kind or description, it shall be in the power of any member to call for a division of the question, so as to take a separate vote of the House upon each item of improvement or appropriation contained in said bill, or upon such items separately, and others collectively, as the members making the call may specify; and if one-fifth of the members present second said call, it shall be the duty of the Speaker to make such divisions * This latter provision was inserted in the 145th rule March 16, 1860, but in the re-arrangement under the resolution of that date it was deemed more appropriate to annex it to this rule. By rule 114 all debate on special orders is confined strictly to the measure under consideration. 13 194 BTLES OF THE of the question, and put them to vote accordingly.-February 26, 1846. 122. The bills from the Court of Claims shall, on being laid before the House, be read a first and second time, committed to a Committee of the Whole House, and, together with the accompanying reports, printed. —March 16, 1860. 123. A motion to strike out the enacting words of a bill shall have precedence of a motion to amend; and, if carried, shall be considered equivalent to its rejection, —March 13, 1822. Whenever a bill is reported from a Committee of the Whole, with a recommendation to strike out the enacting words, and such recommendation is disagreed to by the House, the bill shall stand recommitted to the said committee without further action by the HIouse. —March 16, 1860.* But before the question of concurrence is submitted, it is in order to entertain a motion to refer the bill to any committee, with or without instructions, and when the same is again reported to the House, it shall be referred to the Committee of the Whole without debate, and resume its original place on the calendar. —May 26, 1870. 124. After commitment and report thereof to the House, or at any time before its passage, a bill may be recommitted — April 7, 1789; and should such recommitment take place after its engrossment, and an amendment be reported and agreed to by the House, the question shall be again put on the engrossment of the bill. —Mtarch 16, 1860.t 125. All bills ordered to be engrossed shall be executed in a fair round hand.-April 7, 1789. * This latter clause was inserted for the purpose of correcting a practice which had begun to obtain, whereby the friends of a bill were enabled, by striking out the enacting clause, to cut off debate and amendment and take a bill back into the Houso and there pass it. At the same time, however, an amendment was made to the 60th rule, whereby a majority is enabled, " at any time after the five minutes' debate has taken place upon proposed amendments to any paragraph or section of a bill, to close all debate upon such section or paragraph, or, at their election, upon the pending amendments only." t Of late years, according to the practice, if the previous question on its passage be pending or ordered, a motion to recommit is not in order. The latter clause of this rule was adopted, for the first time, March 16, 1860, previous to which there had been no fixed rule in regard to the case therein provided for. HOUSE OF REPRESENTATIVES. 195 126. No amendment by way of rider shall be received to any bill on its third reading. —April 8, 1814. 127. When a bill shall pass, it shall be certified by the Olerkl, noting the day of its passage at the foot thereof. — April 7, 1789. LOCAL OR PRIVATE BUSINESS. 128. Friday and Saturday in every week shall be set apart for the consideration of private bills and private business, in preference to any other, unless otherwise determined by a majority of the House. —January 22, 1810. and January 26, 1826.* 129. On the first and fourth Friday and Saturday of each month the calendar of private bills shall be called over, (the chairman of the Committee of the Whole House commencing the call where he left off the previous day,) and the bills to the passage of which no objection shall then be made shall be first considered and disposed of.-January 25, 1839. But when a bill is again reached, after having been once objected to, the committee shall consider and dispose of the same, unless it shall again be objected to by at least five members.-March 16, 1860.t OF BILLS ON LEAVE AND RESOLUTIONS. 130. All the States and Territories shall be called for bills on leave and resolutions every Monday during each session of Congress; and, if necessary to secure the object on said * Under the rule of 26th April, 1828, relative to a postponement or change of the order of business, it has been decided that it takes two-thirds to proceed to public business on Friday and Saturday. The reason of this decision is, that the rule of the 26th of April, 1828, made no exception in favor of the clause for a majority, contained in this rule; and that therefore that provision was annulled. There have been three appeals upon this point, but the House in all instances affirmed the decision in favor of two-thirds. f The rule of January 25, 1839, simply provided for calling over the calendar on the first and fourth Friday; the words " and Saturday" were added on the 16th Mdrch, 1860. The latter branch of the rule, which provides that upon a second call at least five members shall object, was adopted at the same time. 196 RULES OF THE days, all resolutions which shall give rise to debate shall lie over for discussion, under the rules of the House already established; and the whole of said days shall be appropriated to bills on leave and resolutions, until all the States and Territories are called through.-February 6, 1838. And the Speaker shall first call the States and Territories for bills on leave; and all bills so introduced during the first hour after the journal is read shall be referred, without debate, to their appropriate committees: Provided, however, That a bill so introduced and referred, and all bills at any time introduced by unanimous consent and referred, shall not be brought back into the House upon a motion to reconsider. — 3cMarch 16, 1860,* and January 11, 1872. And on said call, joint resolutions of State and Territorial legislatures for printing and reference may be introduced.-January 11, 1867. OF PETITIONS AND MEMORIALS. 131. Members having petitions and memorials to present maV hand them to the Clerk, indorsing the same with their names, and the reference or disposition to be made thereof; and such petitions and memorials shall be entered on the journal, subject to the control and direction of the Speaker, and if any petition or memorial be so handed in which, in the judgment of the Speaker, is excluded by the rules, the same shall be returned to the member from whom it was received.-March 29, 1842.t OF THE PREVIOUS QUESTION. 132. The previous questions shall be in this form: "Shall * The words "bills on leave " where they occur were inserted in this rule on the 16th March, 1860. By rule 115 it is required that at least one day's notice shall be given of the motion to introduce a bill on leave. t So much of the rules as authorized the presentation of petitions in the House was stricken out December 12, 1853. According to the practice under this rule it is competent for a member to withdraw from the files petitions and memorials presented at a former Congress, and re-refer them. t The previous question was recognized in the rules established April 7, 1789, and could be demanded by five members, (the parliamentary law places it in IOUSE OF REPRESENTATIVES. 1 97 the main question be now put?"-A- pril 7, 1789. It shall only be admitted when demanded by a majority of the members present -rFebruary 24, 1812; and its effects shall be to put an end to all debate, and to bring the House to a direct vote upon a motion to commit, if such motion shall have been made; and if this motion does not prevail, then upon amendments reported by a committee, if any; then-A'agst 5, 1848-upon pending amendments, and then upon the main question. —Jazuary 14, 1840. But its only effect, if a motion to postpone is pending, shall be to bring the House to a vote upon such motion. Whenever the House shall refuse to order the main question, the consideration of the subject shall be resumed as though no motion for the previous question had been made. The House may also, at any time, on motion seconded by a majority of the members present, close all debate upon a pending amendment, or an amendment tlereto, and cause the question to be put thereon; and this shall not preclude any further amendment or debate the power of two members-one to move, the other to second.) On the 23d December, 1811, it was placed on a footing with the yeas and nays; that is, at the command of one-fifth of the members present. It remained so until the 24th February, 1812, when the rule was changed to its present form of a majority. According to former practice, the previous question brought the House to a direct vote on the main question; that is, to agree to the main proposition, to the exclusion of all amendments and incidental motions; but on the 14th January, 1840, it was changed to embrace, first, pending amendments, and then the main proposition. The original intent of the previous question was, to ascertain the sense of the House, in the early stages of a subject, as to the propriety of entertaining the matter; and if decided affirmatively, the debate went on; if decided negatively, the debate ceased, and the subject passed from before the House without motion or further question. This was the practice in Congress under the confederation; and it is still the practice in the British Parliament. Now, by the practice of the House, as well as by the terms of the rule, it is reversed: if the motion for the previous question is decided in the affirmative, debate ceases, and the House proceeds to vote; if in the negative, the proceedings go on as if the motion for the previous question had not been made. Until the revision of the rules in March, 1860, whenever the previous question was seconded, and the main question ordered, pending a motion to postpone, the motion to postpone was cut off. 198 RULES OF THE upon the bill. A call of the House* shall not be in order after the previous question is seconded, unless it shall ans pear, upon an actual count by the speaker, that no quorum is present. — Iarchl 16, 1860, 133. On a previous question there shall be no debate. — December 17, 1805. All incidental questions of order, arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate. —September 15, 1837. OF ADMISSION ON THE FLOOR. 134. No person except members of the Senate, their secretary, heads of departments, the President's private secretary, foreign ministers, the governor for the time being of any State, senators and representatives elect, judges of the Supreme Court of the United States and of the Court of Claims, and such persons as have by name received the thanks of Congress —JIarch 15, 1867 —shall be admitted within the hall of the House of Representatives —Ma'rch 19, 1860f-or any of the rooms upon the same floor or * For the mode of proceeding in the case of a call of the House, see rules 36 and 37. t The first rule for the admission within the hall of other than members was adopted on the 7th January, 1802, and was confined to " Senators, officers of the general and State governments, foreign ministers, and such persons as members might introduce." On the 11th January, 1802, an attempt was made to amend so as to exclude persons "introduced by members," which failed. On the 8th November, 1804, a proposition was made to confine the privilege to Senators, which also failed. On the 17th December, 1805, officers of State governments were excluded. On the 1st February, 1808, a proposition was made to admit ex-members of Congress and the judges of the Suprernme Court. After a good deal of debate it was rejected. On the 11th February, 1809, the rule was enlarged so as to admit judicial officers of the United States, as also ex-members of Congress. On the 25th February, 1814, those who had been heads of departments were admitted. On the 10th February, 1815, officers. who had received the thanks of Congress were included. On the 12th January, 1816, the navy commissioners. On the 21st February, 1816, governors of States and Territories. March 13, 1822, the President's secretary. On the 26th Jan. uary, 1833, the rule was further enlarged by admitting "suzch persons as the HOUSE OF' REPRESENTATIVES. 199 leading into the same-March 2, 1865; provided that exmembers of Congress who are not interested in any claim pending before Congress, and shall so register themselves, may also be admitted within the hall of the House; and no persons except those herein specified shall at any time be admitted to the floor of the lHouse.-March 15, 1867. OF REPORTERS. 135. Stenographers and reporters, other than the official reporters of the House, wishing to take down the debates, may be admitted by the Speaker to the reporters' gallery over the Speaker's chair, but not on the floor of the House; but no person shall be allowed the privilege of said gallery under the character of stenographer or reporter without a written permission of the Speaker, specifying the part of said gallery assigned to him; nor shall said stenographer or reporter be admitted to said gallery unless he shall state in writing for what paper or papers he is employed to report; nor shall he be so admitted, or, if admitted, be suffered to retain his seat, if he shall be or become an agent to prosecute any claim pending before Congress; and the Speaker shall give his written permission with this condition.-December 23, 1857. UNFINISHED BUSINESS OF THE SESSION. 136. After six days from the commencement of a second or subsequent session of any Congress, all bills, resolutions,* Speaker or a member might introduce;" and on the 10th December, 1833,.the House, by a vote almost unanimous, rescinded that amendment. On the 23d of December, 1857, soon after removing into the new hall in the south wing of the Capitol Extension, the privilege of admission was restricted to " members of the Senate, their secretary, heads of departments, President's private secretary, the governor for the time being of any State, and judges of the Supreme Court of the United States." On the 19th of March, 1860, it was adopted in its present form, excepting the last clause, a proposition to admit ex-members having been rejected. The last clause, adopted March 2, 1865, was intended to prevent persons not entitled to the privilege of the hall from occupying the cloak and other adjoining rooms.'t The word " resolutions," as here used, has be6n construed to apply to joint resolutions only. 200 RULES OF THE and reports which originated in the House, and at the close of the next preceding session remained undetermined, shall be resumed and acted on in the same manner as if an adjournment had not taken place. —larch 17, 1848. And all business before committees of the House at the end of one session shall be resumed at the commencement of the next session of the same Congress, as if no adjournment had taken place. — March 16, 1860.* MISCELLANEOUS. 137. Whenever confidential communications are received from the President of the United States, the House shall be cleared of all persons, except the members, Clerk, Sergeantat-arms, and Doorkeeper,t and so continue during the reading of such communications, and (unless otherwise directed by the House) during all debates and proceedings to be had thereon. And when the Speaker, or any other member, shall inform the House that he has communications to make which he conceives ought to be kept secret, the House shall, in like manner, be cleared till the communication be made; the House shall then determine whether the matter communicated requires secrecy or not, and take order accordingly.-February 17, 1792, and December 30, 1793. 138. The rule for paying witnesses summoned to appear before this House, or either of its committees, shall be as follows: For each day a witness shall attend, the sum of four * Prior to this date it had been the practice for several years, near the close of the first session of a Congress, for the House to adopt a resolution making a similar provision. This amendment was adopted to save the necessity for the passage of a similar resolution at every Congress. t In the rule as originally established, on the 17th of February, 1792, it is provided that the House be cleared of all persons, except "the members and the Clerk.'" In the rules of the 13th of November, 1794, the language used is "the members of the House and its officers." In the edition of 7th January, 1802, the terms "members and Clerk" are again used, and on the 23d December, 1811, it was changed to its present form, so as to include the Sergeant-atarms and Doorkeeper. By rule 10 it is provided that the Clerk, Sergeant-atarms, Doorkeeper, and Postmaster, shall be sworn "to keep the secrets of the House." HOUSE OF REPRESENTATIVES. 201 dollars; for each mile he shall travel in coming to or going from the place of examination, the sum of five cents each way; but nothing shall be paid for travelling when the witness has been summoned at the place of trial. —May 31, 1872. 139. Maps accompanying documents shall not be printed, under the general order to print, without the special direction of the House. —March 2, 1837; September 11, 1837.* 140. No extra compensation shall be allowed to any officer or messenger, page, laborer, or other person in the service of the House, or engaged in or about the public grounds or buildings; and no person shall be an officer of the House, or continue in its employment, who shall be an agent for the prosecution of any claim against the government, or be interested in such claim otherwise than as an original claimant; and it shall be the duty of the Committee of Accounts to inquire into and report to the House any violation of this rule. -March 8, 1842. 141. When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by a vote of the House.t-November 13, 1794. 142. When a question is postponed indefinitely, the same shall not be acted upon again during the session. -December 17, 1805. 143. Every order, resolution, or vote, to which the concurrence of the Senate shall be necessary, shall be read to the House, and laid on the table, on a day preceding that in which the same shall be moved, unless the House shall otherwise expressly allow.-A-pril 7, 1789. 144. The rules of parliamentary practice comprised in Jefferson's Manual shall govern the House in all cases to which they are applicable, and in which they are not incon* See rule 100. t As originally adopted, this rule contained, after the word "for," the words'which had before been read to the House." They were stricken out on the 14th December, 1795. 202 RULES OF THE aistent with the standing rules and orders of the House, and joint rules of the Senate and House of Representatives.September 15, 1837. 145. No standing rule or order of the House shall be rescinded or changed without one day's notice being given of the motion therefor —November 13, 1794; nor shall any rule be suspended, except by a vot of at least two-thirds of the members present*d —March 13, 1822; nor shall the order of business, as established by the rules, be postponed or changed, except by a vote of at least two-thirds of the members present; nor shall the Speaker entertain a motion to suspend the rules, except during the last ten days of' the session, and on Monday of every week at the expiration of one hour after the journal is read t-April 26, 1828-unless the call of States and Territories for bills on leave and resolutions has been earlier concluded, when the Speaker may enterthin a motion to suspend the rules. —June 8, 1864. 146. All elections of officers of the House, including the Speaker, shall be conducted in accordance with these rules, so far as the same are applicable; and, pending the election of a Speaker, the Clerk shall preserve order and decorum, and shall decide all questions of order that may arise, subjeot to appeal to the House. —March 19, 1860. 147. These rules shall be the rules of the House of Representatives of the present and succeeding Congresses unless otherwise ordered.-March 19, 1860. 148. An additional standing committee shall be appointed at the commencement of each Congress, whose duties shall continue until the first session of the ensuing Congress, to * By rule 104 a majority may, at any time, suspend the rules for the purpose of going' into Committee of the Whole on the state of the Union, and also for closing debate therein; and by rule 119 to make any of the general appropriation bills a special order. These are exceptions to this rule. tThe words "at the expiration of one hour after the journal is read' were inserted March 16, 1860, so as to enable the House, on Mondays, to receive reports, bills on leave, and resolutions, as provided for in rules 51 and 130, without interruption HOUSE OF REPRESENTATIVES. 20(3 consist of seven members, to be entitled a " Committee on Coinage, Weights, and Measures;" and to this committee shall be referred all bills, resolutions, and communications to the House upon that subject.-January 21, 1864; larch 2, 1867. 149. The names of members not voting on any call of the ayes and noes shall be recorded in the journal immediately after those votingin thIe affirmative and negative, and the same record shall be made in the Congrestsional Globe. — June 8, 1864. 150. It shall be the duty of the Committee on the Pacific Railroad to take into consideration all such petitions and matters or things relative to railroads or telegraph lines between the Mississippi valley and the Pacific coast as shall be presented or shall come in question, and be referred to them by the House, and to report their opinion thereon, together with such propositions relative thereto as to them shall seem expedient. —March 2, 1865. 151. It shall be the duty of the Committee of Ways and 3Means to take into consideration all reports of the Treasury Department, and such other propositions relative to raising revenue and providing ways and means for the support of the government as shall be presented or shall come in question, and be referred to them by the House, and to report their opinion thereon by bill or otherwise, as to them shall seem expedient; and said committee shall have leave to report for commitment at any time.-March 2, 1865. 152. It shall be the duty of the Committee on Banking and Currency to take into consideration all propositions relative to banking and the currency as shall be presented or shall come in question, and be referred to them by the House, and to report thereon by bill or otherwise. —March 2, 1865. 153. It shall be the duty of the Committee on Mines and Mining to consider all subjects relating to mines and mining that may be referred to them, and to report their opinion thereon, together with such propositions relative thereto as may seem to them expedient.-December 19, 1865. 204 RULES OF THE 154. The allowance of stationery to each member and delegate shall be of the value of seventy-five dollars for a long session, and forty-five dollars for a short session of Congress.-December 19, 1865. [By the act of March 3, 1873, it is provided that the increased compensation thereby allowed shall be in lieu of the foregoing and other allowances.-Stat. at Large, Vol. XVjII, p. 486. 155. The hall of the House shall not be used for any other purpose than the legitimate business of the House, nor shall the Speaker entertain any proposition to use it for any other purpose, or for the suspension of this rule: Provided, That this shall not interfere with the performance of divine service therein, under the direction of the Speaker, or with the use of the same for caucus meetings of the members, or upon occasions where the House may, by resolution, agree to take part in any ceremonies to be observed therein.-January 31, 1866. 156. There shall be appointed at the commencement of each Congress a standing Committee on Freedmen's Affairs. to consist of nine members, whose duty it shall be to take charge of all matters concerning freedmen, which shall be referred to them by the House. —December 4, 1866. 157. When an act has been approved by the President, the usual number of copies shall be printed for the use of the Hotlse. —March 15, 1867. 158. Messages from the Senate and the President of the United States, giving notice of bills passed or approved, shall be reported forthwith from the Clerk's desk. -Marc7 15, 1867. 159. Estimates of appropriations, and all other communications from the executive departments, intended for the consideration of any of the committees of the House, shall be addressed to the Speaker and by him.submitted to the House for reference. —lMarch 15, 1867. 160. There shall be appointed at each Congress a Committee on Education and Labor, to consist of nine members, to whom shall be referred all petitions, bills, reports, and HOUSE OF REPRESENTATIVES. 205 resolutions on those subjects, and who shall from time to time report thereon. —March 21, 1867. 161. Pending a motion to suspend the rules the Speaker may entertain one motion that the House do now adjourn; but after the result thereon is announced he shall not entertain any other dilatory motion till the vote is taken on sus. pension.-PFeb. 25, 1868. 162. The Speaker shall appoint from among the Delegates from the Territories one additional member of the Committee on the Territories, and shall appoint the Delegate from the District of Columbia an additional member of the Committee for the District of Columbia; but the said Delegates, in their respective committees, shall have the same privileges only as in the House. —December 13, 1871. 163. Whenever the seats of members shall have been drawn, no proposition shall be in order for a second drawing during the same Congress.-IFebruary 8, 1872. JOINT RULES AND ORDERS OF THE TWO HOUSES. i. In every case of an amendment of a bill agreed to in one house and dissented to in the other, if either house shall request a conference, and appoint a committee for that purpose, and the other house shall also appoint a committee to confer, such committees shall, at a convenient hour, to be agreed upon by their chairman, meet in the conference chamber, and state to each other, verbally or in writing, as either shall choose, the reasons of their respective houses for and against the amendment, and confer freely thereon. - November 13, 1794. 2. When a message shall be sent from the Senate to the House of Representatives, it shall be announced at the door of the house by the Doorkeeper, and shall be respectfully communicated to the Chair by the person by whom it may be sent.-November 13, 1794. 3. The same ceremony shall be observed when a messenger shall be sent from the House of Representatives to the Senate.-November 13, 1794. * 4. Messages shall be sent by such persons as a sense of propriety in each house may determine to be proper. —November 13, 1794. 5. While bills are on their passage between the two houses, they shall be on paper, and under the signature of the Secretary or Clerk of each house, respectively.-November 13, 1.794. 208 JOINT RULES OF THE TWO HOUSES. 6. After a bill shall have passed both houses, it shall be duly enrolled on parchment by the Clerk of the House of Representatives, or the Secretary of the Senate, as the bill may have originated in the one or the other house, before it shall be presented to the President of the United States.November 13, 1794. 7. When bills are enrolled, they shall be examined by a joint committee of two from the Senate and two from the House of Representatives, appointed as a standing committee for that purpose, who shall carefully compare the enrolment with the engrossed bills as passed in the two houses, and correcting any errors that may be discovered in the enrolled bills, make their report forthwith to their respective houses. —November 13, 1794, and February 1, 1827. 8. After examination and report, each bill shall be signed in the respective houses, first by the Speaker of the House of Representatives, then by the President of the Senate. - November 13, 1794. 9. After a bill shall have been thus signed in each house, it shall be presented, by the said committee, to the President of the United States, for his approbation, (it being first indorsed on the back of the roll, certifying in which house the same originated; which indorsement shall be signed by the Secretary or Clerk, as the case may be, of the house in which the same did originate,) and shall be entered on the journal of each house. The said committee shall report the day of presentation to the President; which time shall also be carefully entered on the journal of each house. — November 13, 1794. 10. All orders, resolutions, and votes which are to be presented to the President of the United States for his approbation, shall also, in the same manner, be previously enrolled, examined, and signed; and shall be presented in JOINT RULES OF THE TWO HOUSES. 209 the same manner, and by the same committee, as provided in the cases of bills. —November 13, 1794. 11. When the Senate and House of Representatives shall judge it proper to make a joint address to the President, it shall be presented to him in his audience chamber by the President of the Senate, in the presence of the Speaker and both houses. —November 13, 1794. 12. When a bill or resolution which shall have passed in one house is rejected in the other, notice thereof shall be given to the house in which the same shall have passed. — June 10, 1790. 13. When a bill or resolution which has been passed in one house shall be rejected in the other, it shall not be brought in during the same session, without a notice of ten days and leave of two-thirds of that house in which it shall be renewed. —Jurne 10, 1790. 14. Each house shall transmit to the other all papers on which any bill or resolution shall be founded.-June 10, 1790. 15. After each house shall have adhered to their disagreement, a bill or resolution shall be lost. —Jzne 10, 1790. 16. No bill that shall have passed one house shall be sent for concurrence to the other on either of the three last days of the session. —January 30, 1822. 17. No bill or resolution that shall have passed the House of Representatives and the Senate shall be presented to the President of the United States, for his approbation, on the last day of the session.-January 30, 1822. 18. When bills which have passed one house are ordered to be printed in the other, a greater number of copies shall not be printed than may be necessary for the use of the house making the order. —February 9, 1829. 19. No spirituous or malt liquors, or wines, shall be offred for sale, exhibited, or kept within the Capitol, or in 14 210 JOINT RULES OF THE TWO HOUSES. any room or building cdnnected therewith, or on the public grounds adjacent thereto. And it shall be the duty of the Sergeants-at-arms of the two houses, under the supervision of the presiding officers thereof, respectively, to enforce the foregoing provisions. And any officer or employe of either house who shall in any manner violate or connive at the violation of this rule shall be dismissed from office. —March 18, 1867. 20. There shall be a joint committee on the library, to consist of three members on the part of the Senate and three on the part of the House of Representatives, to superintend and direct the expenditure of all moneys appropriated for the library, and to perform such other duties an are or may be directed by law. —December 7, 1843. 21. After six days from the commencement of a second or subsequent session of Congress, all bills, resolutions, or reports which originated in either house, and at the close of the next preceding session remained undetermined in either house, shala be resumed and acted on in the same manner as if an adjournment had not taken place. —Aztugst 14, 1848. 22. The two houses shall assemble in the hall of the House of Representatives at the hour of I o'clock p. m. on the second Wednesday in February next succeeding the meeting of the electors of President and Vice-President of the United States, and the President of the Senate shall be their presiding officer; one teller shall be appointed on the part of the Senate, and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, the certificates of the electoral votes; and said tellers having read the same in the presence and hearing of the two houses thus assenmbled, shall make a list of the votes as they shall appear fi'omn the said certificates;.and the votes having been counted, JOINT RULES OF THE TWO HOUSES. 211 the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote and the names of the persons, if any elected, which announcement shall be deemed a sufficient declaration of the persons elected President and Vice-President of the United States, and, together with a list of the votes, be entered on the journals of the two houses. If, upon the reading of any such certificate by the tellers. any question shall arise in regard to counting the votes therein certified, the same having been stated by the presiding officer, the Senate shall thereupon withdraw, and said question shall be submitted to that body for its decision; and the Speaker of the House of Representatives shall, in like manner, submit said question to the House of Representatives for its decision. And no question shall be decided affirmatively, and no vote objected to shall be counted, except by the concurrent votes of the two houses; which being obtained, the two houses shall immediately reassemble, and the presiding officer shall then announce the decision of the question submitted; and upon any such question there shall be no debate in either house. And any other question pertinent to the object for which the two houses are assembled may be submitted and determined in like nman er. At such joint meeting of the two houses seats shall be provided as follows: for the President of the Senate, the "Speaker's chair;" for the Speaker. a chair immediately upon his left; for the senators, in the body of the hall upon the right of the presiding officer; for the representatives, in the body of the hall not occupied by the senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other offi cers of the two houses, in front of the Clerk's desk and upon either side of the Speaker's platform. 212 JOINT RULES OF THE TWO HOUSES. Such joint meeting shall not bedissolved until the electoral votes are all counted and the result declared; and no recess shall be taken, unless a question shall have arisen in regard to counting any of such votes, in which case it shall be competent for either house, acting separately in the manner hereinbefore provided, to direct a recess not beyond the next day, at the hour of one o'clock p. rm.-February 6. 1865. INDEX TO THE RULES AND ORDERS OF THE HOUSE OF REPRESENTATIVES, AND TO THE JOINT RULES. A. Rule. Absentees from the House, proceedings against-.................... 35, 36, 37 attendance of, may be compelled by 15 members....................... 34 should have leave, be sick, or unable to attend 33 in Committee of the Whole, to be reported to the House and entered on journal —---------- 106 Accounts for pay and mileage, to be kept by the Sergeant-at-arms — --- 25 Acts and addresses, to be signed by the Speaker. -—. —-S.. —-. —--- 8 Address to the President, how to be presented, (joint rule)............ 11 Adhere, effect of a vote to, in the two houses, (joint rule).... 15 Adjourn, motion to, always in order, and not debatable - -. 44 only one in order pending a motion to suspend the rules -------------—. ------------- - 161 fix the day to which the House shall, always in order- 44 hour at which made, to be entered on the journal.... 4 Agentsfor claims, employ6s of the House not to act as. —-- ------—. 140 Amend, motion to, order in which to be entertained with reference to other motions - - -.................... —--- 42 motions to strike out the enacting clause, taker precedence of. —................... —--- ---- —. 123 Amendments, of Senate to House bills, when considered ----------—, 54 adopted, preclude the withdrawal of original motion —---- 40 to be voted upon after previous question is ordered........ 132 debate may be closed on ---- ---------- 132 conference on, upon which the two houses disagree, (joint rule). —.... ——. —------.. —-—... — ---. —------ 1 not in order, if on a subject different from that under consideration. —--------------------—. 48 if embracing any other pending bill or resolution.-............................. 48 to general appropriation bills, if not for appropriations authorized by law.. —--—.- 120 to a bill on its third reading, if by way of rider 126 to the rules, require one day's notice —---- ------------. 144 iln Committee of the Whole, five minutes' debate on....... 60 all debate on, may be closed-. 60 not to be withdrawn........... 60 214 INDEX TO THE RULES OF THE Rule. Amendment? in Committee of the Whole, how kept by the Clerk and reported.-................ 107,109 to original motions, to be incorporated 108 to be disposed of before report of measure. -------- 143 4 ppeals, growing out of irrelevancy, inadmissibility, &c., of motions, &c. 2 how made and debated.-..- -.............I ----------—.. 2 growing out of " transgression of the rules in speaking," indecorum, &c. —--—.. ----- 61,62 not debatable after previous question is moved.............. 1.33 growing out of questions as to the priority of business, not debatable -----------—. -------------—.. ------- 66.4ppropriation bills, if for other objects, not to include appropriations for carrying treaties into effect-.. ——... —---—. 76 general, to be reported within 30 days after appointment of the Committee on Appropriations. 77 may be reported at any time for reference only.-.-...... —-------..- 77 shall take precedence of other bills in the House and in Committee of the Whole-. 119, 114 not to include appropriations not authorized by law -------—.. -.. ——.. ——. 120 may be made special orders at any time. 119 must contain the amount of each appropriation and also sum total............... - 77 t, be first discussed in Committee of the Whole.... 112 for internal improvements, may be voted upon by items 121 A4ppropriations, Committee on, duties of-...-.-.-... -—. —--—.... 76, 77 report of appropriation bills by.......... 77 B. Ballot, committees to be appointed by, in certain cases.............. —-. -------- 67 in other cases of election by, a majority necessary -- 12-. —..... 12 blanks in elections by, to be rejected. —---—. ----—. -—. —. 12 in. all cases of election by, Speaker shall vote.. 7 no person to look on when tellers are counting votes by.. — 65 Bar of the House, no member to vote unless within the...-......... 29 smoking prohibited within the.... ——. —-- 65 Bills, reported at first, to be resumed at second session.-..-136 reported at first, to be resumed at second session, (joint rule) - - 21 private, to have precedence on Fridays and Saturdays -..........- 128 to be called over on first and fourth Fridays and Saturdays of every month.............. —................. —--- 129 preference to those not objected to.. —-.. —-------- 129 cannot be amended by adding other bills..-..... —- -------- 4 HOUSE OF REPRESENTATIVES. 215 PRle. Bills, proceedings on leave to introduce........................... 115 how to be introduced or reported-.......................... 115 leave to introduce... 115, 130 for post-routes not be introduced on leave -I.... 115 on leave, introduced and referred during morning hour or alternate Mondays, not to be brought back by reconsideration 130 at any time introduced and referred by -unanimous consent, not to be brought back by reconsideration............... 130 reported from Committee of the Whole with recommendation to strike out enacting clause...... ——...-..... —... 123 reported from the Court of Claims. (See, also, Extract from the Law, page 201).................................-.......... 122 making appropriations, to be reported within thirty days —-----. 77 may be reported at any time.-. —- —. 7'7 to have preference to other bills. 119 may be made special orders at any time 119 authorized by law excluded to be first discussed in Committee of the Whole.. 112 the several readings of. —. —.. —-... —-----. 116 if opposed on first reading, question to reject to be put, &c...... 117 how to be disposed of on second reading.-..-...-. —-------.. 118 a motion to strike out the enacting words of, takes precedence of a motion to amend.................. —-------------------- 123 effect of affirmative vote on. —-. —-... —-------. —----—. 123 may be recommitted at any time before passage, and effect thereof 124 to be engrossed in a fair round hand.-.. —.. —- ----—. ——. 125 amendments of Senate, when considered.. —.. —----—. —---- 54 engrossed, when to be read a third time....................... 54 fronz the Senate, when to be read and disposed of ------------—. 54 not to be amended on the third reading by rider1. --..2-..... 126 when passed to be certified by the Clerk. —----------------- 127 [in Committee of the Whole] how to be taken up; not to be interlined; amendments to, how to be kept and reported; and, after report, may be again debated and amended.-... --—. —-—. 107 on their passage to be on paper, (joint rule). —-. —----—. —--- 5 to be enrolled on parchment after passing the two houses, (joint rule.) (See Engrossed Bills). —-—. —--------—. —------- 6 passed one house and lost in the other, notice to be given, (joint rule) 12 how they may be renewed, (joint rule) ---... ——. 13 when sent from one house to the other, to be accompanied by papers, (joint rule).. —-------------—. —---—.. —.. —----—... 14 not to be sent from one house to the other for concurrence on the three last days of session, (joint rule). 16 not to be presented to the President on the last day of a session, (joint rule)....................... —.. 17 relative to the printing of, (joint rule)......................... 18 after approval shall be printed -.....1....7............ 157 .216 INDEX TO THE RULES OF THE Rule. Bills, messages announcing passage or approval of, to be repeated at Clerk's desk..-.......-.-........................-.... 158 Blanks, in filling up, question to be first put on largest sum and longest time-... —-—..... —---------- 50 not to be counted in ballotings -........................... 12 Bond, Sergeant-at-arms required to give. ——.......................... 26 Business, unfinished, precedence of................................. 56 unfinished at first, to be resumed at second session, (joint rule 21) -...................... 136 daily order of.-...................-.................. 51 to 56 if changed or postponed, two-thirds necessary.. 145 no debate on priority of ----------- -...-.......... 66 on the Speaker's table, mode of disposing of-. - 54 list to be made of, weekly. ——. —. 19 private, to have preference on Fridays and Saturdays.-..... 128 to be called over on first and fourth Fridays and Saturdays, and disposed of, if no objection...... —---- 129 C. Calls on the departments, to lie on the table one day.................. —----- -- 53 Calls of the House, names to be called alphabetically on............. —. 35 not in order after second or previous question, unless no quorum present............-......... —---- 132 proceedings on. —..............-.. —... —. ——. 36, 37 fifteen members may compel the attendance of absentees on, &c............................... 34, 36 Capitol, unappropriated rooms in -----—. —---............ —------- 5 no spirituous liquors to be brought within or about, (joint rule). 19 Chair, Speaker may-substitute a member to take-. --- 5 Chairman of Committee, who shall be. —-------------------------- - 68 may appoint meeting of committee..... 70 Chairman of Committee of the Whole, Speaker names ----------—. 105 may order gallery or lobby cleared. 9 how to call the calendar-.. —---- 129 Charge on the people, motions for......................... —- --—... —-----—. 110 Claims, officers of the House not to prosecute ---- ------------—. 140 reporters having seats assigned shall not prosecute.... 135 Claims, Court of, bills from, to be placed on calendar and printed —.. 122 Clerk of the House, to be chosen at the commencement of each Congress 10 in election of, vote to be taken viva voce -----—. 10 shall take oath of office, and continue until successor appointed. --------------—... —-------—. — 10 shall attest all writs, warrants, and subpoenas 8 petitions may be presented to, and entered by him on the journal.-......................... 131 to cause resolutions tobe delivered to the President,&c. 53 HOUSE OF REPRESENTATIVES. 217 Rule. Clerk of the House, to refer maps, &c., to the Committee on Printing-. 100 to make out list of reports to be made to Congress by public officers. —------.....- —. 13 to furnish the governors and State legislatures with copies of the journal.-. ------------- 14 to note and put together at the end of the journal all questions of order.-........................... 15 notice of bills to be given to..................-. -- 115 shall certify bills which have passed. —---------- 127 duty of, in relation to amendments in Committee of the Whole. —-----. —---.1.-....-. ] 07, 109 to causejournal to be completed and distributed within thirty days.-.................... 16 shall retain in library of his office two copies of all printed documents............ - --- -----------. 17 to furnish members with bound documents ----—. 18 to cause the laws to be indexed. —-- -. —-- - -. 20 to make or approve all contracts. —--------—. 21 to make out weekly a list of business on the Speaker's table. —----------- -.. —---—. —----- ------- 19 powers of, prior to election of Speaker 1..46 Clerks to Committees, not to be employed without the order of the House- 73 Commit, motion to, order in which, to be entertained with reference to other motions -. —-—..... —--.-.. —-—. —-- 42, 43 effect of not making, after second reading of Senate bills. —-----------------—. --------- 54 not to be repeated on same day, or at same stage of proposition.-.. —-----—..- -..... —-—.- 42 if previously made, to be voted upon after main question ordered -------------------------—.- ---- 132 in order after the second reading of a bill. —----- 118 Comnmiltees, to be appointed by Speaker, unless otherwise ordered ----- 67 how appointed by ballot..-.. —---- ----—,. - 67 who shall be chairman —-. - - - —. 68 member excused from serving on more than two. -.. 69 to meet on call of two members (if chairman be absent). 70 when and in what order they shall be called for reports --- 51 not to be called further after occupying two days --—..... 51 motion to refer to standing, takes precedence of motion to refer to select. —---------- -------------------------- 43 standing, to be appointed at commencement of each Congress.. 74 duties of, viz: of Elections - -... 75 of Ways and Means —..1 —---- 51 on Appropriations.74, 76, 77, 119, 120 218 INDEX TO THE RULES OF THE Rule. Uomrnittees, standing, duties of, viz: on Banking and Currency. 152 on the Pacific Railroad.- -. 50 of Claims ---------—.. —----—. 78 on Commerce. —-----—. — - 79 on Public Lands ---—. ---—.. 80 on the Post Office and Post Roads. 81 for the District of Columbia. —---- 82 on the Judiciary.. --—. —-—. 83 on Revolutionary Claims --—.. 84 on Public Expenditures -—.. —- 85 on Private Land Clains. —----—. 86 on Military Affairs -----------—. 87 on the Militia -. — ---. —-. —--- 88 on Naval Affairs. 89 on Foreign Affairs -----------—. 90 on the Territories ------- - 91 on Revolutionary Pensions.. —--- 92 on Invalid Pensions. —---- -. 93 on Roads and Canals. ——. 94 on Coinage, Weights, and Measures 148 on Patents......... 95 on Public Buildings and Grounds.- 96 of Accounts.................... 98 on Mileage........... ——........... 99 on Mines and Mining............. 153 on Freedmen's Affairs.. -156 on education and Labor. —..-..- 160 on Agriculture, ] on Manufactures, on Indian Affairs, on the Revision of the Laws, J additional, to be appointed at the commencement of each Congress. —-—..............-...... 102 duties of viz: on so much of the public accounts ) and expenditures as relate to the Department of State; on so much of the public accounts and expenditures as relate to the Treasury Department; on so much of the public accounts and expenditures as relate to the Department of War; on so much of the public-accounts and expenditures as relate to the Department of the Navy; J HOUSE OF REPRESENTATIVES. 219 Rule. Committees, standing, duties of, viz: on so much of the public accounts ) and expenditures as relate to i the Post Office; on somuch of the public accounts and expenditures as relate to 103 the Public Buildings; and on so much of the public accounts and expenditures as relate to the Interior Department. J joint, on Enrolled Bills, (joint rule) -. —— 7. ——. 7 on the Public. Printing. (See also Extract from the Law, page 199) ---—.1 —. —.-. 100 on the Library of Congress, (joint rule) - -. 20 Regents in the Smithsonian Institution.. (Act of Congress.) shall have leave to report by bill or otherwise —. 71 shall not sit during the sitting of the House - - --- 72 not to employ clerks without leave of the House - 73 business before, at end of one session to be resumed at commencement of next session. —--------- 136 Committee of the Whole House, how formed.-.-......................... 105 chairman of, may clear lobby and galleries.... 9 how to proceed incalling the calendar of................... 129 how to proceed in cases of bills..-. -..... 107 must first entertain all motions for laying or increasing taxes - 1.10, 111 appropriations must be first discussed in —.................... 112 rules of the House to be observed in......................- 113 how to report amendments.-............................ 108,1091 may originate motions.-..................... —.... ——. 108 effect of report by, to strike out the enacting clause....... 123 Committee on the state of the Union, motion to refer to, takes precedence- 43 House may go into, at any time. - -. 104 debate in, on special orders to be confined to measure under consideration.. --—. —------—..... —-- 114 debate may be closed in. —-... 145 roll to be called, &c., if found without a quorum. —------------ 106 five minutes' debate allowed in, on amendment, but may be closed on a section or paragraph. —- -—. 60 how bills are to be taken up and considered in.. —--------- ----- 114 order of propounding questions in — 50 Commitment of motions and reports to be at the pleasure of the House- 47 220 INDEX TO THE RULES OF THE Rule. Commitment, when different committees are proposed, their order...... 43 Conference committees, relative to, (joint rule). —-...... - -.. 1 Confidential communications or proceedings, relative to-.. —-- 137 Consideration, question of. —-—.. —.-..-............... 41 Conversation, private, members not to engage in..................... 65 Court of Claims. (See Claims, Court of.) D, Debate, limited on appeal to one speech, unless by leave............. 2 not allowed upon resolutions on the day they are submitted-...52,130 not allowed upon private bills on the first and fourth Fridays of eadh month.-.......................................... 129 member shall confine himself to the question under, and avoid personality.-...-..,,,,,' 57 in rising to, member shall address himself to " Mr. Speaker " 57 member may speak from the Clerk's desk -. - - 58 Speaker shall name the member who is first to speak. --—.. —. 59 no member shall occupy more than one hour in.-..-...... 60 member reporting the measure may open and close. ——.. ——. 60 Jive minutes allowed to explain, and the same time to oppose amendments - -.. —- -............................... 60 may be closed upon a section or paragraph, or pending amendmient- -..-..- - 60 member transgressing the rules in, to be called to order, and no debate on appeal ----------------—. —---. —........................................ 61 when decided out of order, not to proceed in case of objection, without leave of the House.-............................... 61 shall be liable to the censure of the House-..-........... 61 called to order for words spoken in, words spoken to be taken down in writing -..-.. —....... 62' if business intervene before, he shall not be held to answer.- 62 no member shall speak more than once to the same question, unless by leave, or he be the mover, proposer, or introducer of the pending proposition................-...-............. 63 while member is speaking, no one shall hold private discourse or pass between him End the Chair -... —----—. 65 not allowed on motion to excuse from voting.................. 31 not allowed on motions to adjourn, to fix the day to which House will adjourn, or lie on the table............................. 44 not allowed on any question pending the previous question. 133 not allowed on questions relating to the priority of business.. 66 in Committee of the Whole may be closed -.................... 104 on special orders, to be confined to measures under consideration- 114 Delegate, one from the Territories to be appointed on the Committee on the Territories.....................- -----......... 162 from the District of Columbia to be appointed on the Committee for the District of Columbia-. -.-.. 162 Depar-tments, calls for information from........................... 53 Clerk to prepare a list of reports to be made by... 13 HOUSE OF REPRESENTATIVES. 221 Rule. Disorder in the galleries and lobby --........................... 9 Division of the lHouse.-..................................... — 4 Division of questions, in what cases to be called for.-..... 46 to strike out and insert, not divisible............ 46 on internal improvement bills --—.................. 121 Divine service, not to be performed in the hall without consent of the Speaker... —-------- --- ---------------—.... 6- 6 Documents, members to be furnished with an extra set, bound.. 18 two copies of; to be retained in House library. -..- 17 relative to printing extra numbers of-..................... 45 (See Extract from thle Law, page 199.) Doorkeeper, to be elected at commencement of each Congress.-. ——. 10 vote for, to be taken viva voce -........................... 10 oath of office of.-........................... 10 required to execute 134th and 135th rules strictly. 27 appointees of, subject to approval of Speaker............ ——. 10 iequired to take and report inventory of furniture, &c- -.. 27 Duties or taxes, propositions to impose or increase -.................... 110, 111 E. Elections, how to be conducted...................... -------—...........- -..... 7,1'2 previous nomination necessary, except where members are eligible. —-----------—........................... —---- -----. —-----. 11 votes to be taken viva voce-............................ 10 Electoral votes, counting of, (joint rule).-. —--------------—.!3 Employes of the House, not to receive extra compensation or act as claim agents-.., 142 Enacting words, effect of motion to strike out........................ 123 where bill is reported with recommendation to strike out. 123 Engraving, to be referred to House members of Committee on Printing. 100 Engrossment to be in a fair round hand... —... —----.. —-- 125 Engrossed bills not to be amended by riders. —------.... —-- 126 while on their passage between the two houses, (joint rule) -------- -----------------—. — -6. 6 (See Bills.) Enrolled bills, Committee on, may report at any time........ --- - - 101 to be examined by the committee.- --- ) provision for the appointment of the Com- (joint rule)- 7 mittee on... to be signed by the presiding officers of the houses, (joint rule). ——.. —-—................... —------------------ 8 how to be presented to the President, and the time to be noted, (joint rule).-................... —.. —------—.. —----- 9 not to be presented to the President on the last day of session, (joint rule).................................. 17 222 INDEX TO THE RULES OF THE Rule. Estimates from the Executive departments to be addressed to the Speaker 158 Executive departments, rules to be observed in calling for information from heads of-.... 53 Executive communications, when to be read.......................... —------------------ 54 Excused from voting, rules relating to being.......................... 31 Excused from serving on a committee, a member may be. -------- 69 Extra compensation forbidden..-.-............................... 140 F. Fees against members.-.. —.. 37 of Sergeant-at-arms.-24 —-—.................-.-..........'4 of witnesses.-... -------------------- -...,..... 138 Five-minutes rule...........-.... —---------.-. —--—............ 60 Floor, privilege of admission to.-........................1............ 134 Fridays, private business to have preference on.-.-..... —...... 128 first and fourth, set apart for bills to which there is no objection. 129 G. Galleries may be cleared in cases of disorderly conduct. —------------- 9 " Globe," names a members not voting to be published in. -.. —.- -. 149 Governors admitted in the hall -.. — 67 journals to be sent to.....-... I. 14 H. Hall of the House of Representativesto be under the direction of the Speaker.-... 5 persons who may be admitted within the —-. ——. -------- 134 134th rule to be strictly executed-..........-.... 27 not to be used in the performance of divine service unless by consent of the Speaker....-..........-....-....... 6 not to be used except for legitimate business of the House, &c- 155 Hour rule- ---- ------ 60 Hour at which motion to adjourn is made to be entered on the journal.. 4I. Index to laws to be made.. —---— 0 —------- ---—. —-—. 20 Interested, members not to vote when ------------ -----------—............................... 29 Internal improvement bills, separate votes may be taken on items of.... 121 Indefinitely postponed, questions not to be resumed which are. —------- 142 J. Jefferson's Manual to govern in certain cases.-.... —................... 144 Joint resolutions. (See Bills, which are governed by the same rules.) Journal to be read each day on the appearance of a quorum ------- I.. 1 to be examined and corrected by the Speaker before it is read. 5 every written motion to be entered on, unless withdrawn on same day....:.............................................. 39 HOUSE OF REPRESENTATIVES. 223 Rule Journal, hour at which motion to adjourn is made to be entered on..... 44 name of the member presenting petition or resolution to be entered on........................ 32 names of members not voting to be recorded in ------------ 149 copy of, to be sent to the Executive and each branch of State legislatures ---------.... —..... —.. —- ----........ ——. 14 decisions of questions of order to be put together at the end of-. 15 list of absentees in Committees of the Whole to be entered on-. 106 to be printed, indexed, and distributed within thirty days after close of session-........................................ 16 L. Largest sum and longest time in filling blanks, question to be first put on-..-.. —----------------—. —. 50 Laws to be signed by the Speaker................................ —-—.. —----------------------- 8 Library of Clerk's office, books to be retained in. —--.. —-------. 17 Library, joint committee on, (joint rule). —--- -. —---.. —. 20 Lie on the table, motion to, precedence of ----------—... —-... 42 no debate on --—..... 44 one day, what propositions shall — orders, resolutions, or votes requiring the concurrence 6f the Senate......... 143 calling on the President or departments for information --—........ —-.. —---- —...... ——.. 53 for a tax or charge upon the people.......... —-—. 110 to rescind or change a standing rule or order.. 145 notices of bills -. —--—. -....- - - 115 Lobby may be cleared in cases of disorderly conduct...-............. 9 M. Mace, the symbol of office of the Sergeant-at-arms................. —----... 23 Maps accompanying documents not to be printed without special order — 139 to be referred to Committee on Printing.. 100 Meeting of committees, how called..-.. —-----.. 70 Members, Speaker shall call to order........................... —---------- ----—. 1 excused from serving on more than two committees........ - -. 69 to sit uncovered ---—.............. —---------------—............. —---- 65 not to visit Clerk's desk while vote is being takeni.......- - (65 not to vote when interested.............. —----—................. —---------- 29 must be within the bar to have votes counted- - -. - - - - 30 names of, to be called alphabetically-.., — --- -.... — 35 shall vote if in the House when question is put - ----------—. 31 absent at a call of the House............................ 34, 36, 37 not to be absent except by leave, or sick, or unable to attend. 3q 2234 INDEX TO THE RULES OF THE Rule. Members, accounts of, for pay and mileage, to be kept and paid by Sergeant-at-arms......... —-—. —- —................ 25 Committee on Mileage to ascertain and report on mileage of.. 99 Memorial. (See Petitions.) Messages between the two houses, how to be announced and delivered, (joint rules").. 2, 3 by whom to be sent, (joint rule).-.. 4 from Senate, when considered.. —---................. —-- 54 to be repeated at Clerk's desk. —-----------—.. 158 from President, when read................... —--. —--------------. 54 M ileage, duty of Committee on.................................... 99 Morning hour, for reports and resolutions -........................... 54 Motions, question of considering, not to be put unless demanded ---—. 41 shall be stated by the Speaker, and, if in writing, read by the Clerk before debate-.................................... 38 shall, in all cases, be reduced to writing, if desired by the Speaker or a member-.. ---- - -- 39 written, to be entered on the journal, unless withdrawn same day. —.. --—.. --—.....-..-.................... 39 may be withdrawn at any time before a decision or amendment. 40 precedence of.-..................................42, 43, 49 to strike out and insert shall be deemed indivisible ---------—. 46 to strike out being lost, shall preclude neither amendment nor motion to strike out and insert. — ----------------------- 46 may be committed at pleasure. ——. —--- --------------—.. 47 to strike out the enacting clause, precedence and effect of -.. —- 123 original, in Committee of the Whole........................ 108 N. Aame of members, presenting petitions or resolutions.................. 32 Newspapers, reporters to give the names of.-..-.................... 135 Nominations, cases in which, necessary........................... —-- -----—.. 11 Notices, of bills, may be given to the Clerk.. ----------—. —----—.. 115 bills may be introduced on, when resolutions are called for -. — 115 0. Objection days, first and fourth Fridays of each month.... 129 Officers of the House; shall be elected viva voce....................... 10 Order, Speaker shall preserve. ——. ——. —---------- -- --—. —--- 2 members in speaking called to, shall sit down, &c............. —----—. 61 member in speaking called to, if decision in his favor, may proceed, otherwise not without leave. —---------- ------ 61 if member called to, for words spoken in debate, words to be taken down....................................-.. —--- 62 questions of, Speaker shall decide, subject to appeal............. 2 HOUSE OF REPRESENTATIVES. 225 Rule. Order, questions of, Speaker may speak to, in preference to other members...-......................... 2 arising after previous question, to be decided without debate-....... —. -------—.............. 133 to be noted and put together at the end of the journal 15 Order ofj business of the session, all bills, &c., of either house, undisposed of at first session, shall resume their position after the first six days of the 2d session, (joint rule) ---------- 21 of business of the day. -. i.... 51, 52, 54, 130 as established by the rules, not to be postponed or changed except by a two-thirds vote...........-.. 145 of the day, when Speaker to proceed to call. - 54 unfinished business shall have precedence in......... 56 P. Parlianzentary practice, rules of, comprised in Jefferson's Manual, adopted 144 Pay of members, by Sergeant-at-arms............................... 25 Personality, to be avoided in debate.- -............ —---- ---- 57 Petitions, by whom, and in what manner, to be presented...-...... 131 to be presented to the Clerk.-.-... —. —-- -----------—.. 131 name of member presenting, to be entered on the journal 32 pending before committee at end of a session............... —------- 136 Plurality shall prevail on second ballot for members of committee. —-- 67 Postmaster of the House, to be elected at the commencement of each Congress............ — -- --. 10 in election of, vote to be taken viva voce. 10 oath of office of.............-10. 10 appointees of, to be approved by Speaker.... 10 Postpone to a day certain, order in which motion is to be entertained... 42 not to be entertained again on same day, or at sam e stage.......................... 42 effect of previous question, when motion to, is pending............. —-----------..... 132 or change order of business-.... ---- 145 Postpone indefinitely, order in which motion is to be entertained.... ——.... 42 not to be entertained again on same day, or at same stage of proposition -................... 42 question not to be acted upon again during the session if motion to, prevails - - -...... 142 Post route bills, not to be introduced on motion for leave. —--. —------ 115 Preamble, to be last considered-............... 167 Precedence, or Prioriecedetyce of business, to be decided without debate...- - 66 Priority of business, Precedence of motions-. -.......................-. 42 President, rules to be observed in calling for information from the --—. 53 15 226 INDEX TO THE RULES OF THE Rule. President, manner of presenting bills and resolutions to the, (joint rule). 9 manner of presenting joint addresses to the, (joint rule). — 1 no bill or resolution to be presented on the last day of the session to the, (joint rule)................................ 17 notices of approvals by, to be repeated at the Clerk's desk -. 158 President and Vice-President, counting electoral votes for, (joint rule)..'22 Previous question, order of motion for............................... 42 form and effects of............-....- ---—....... 132 call of the House not in order after second of, unless on actual count no quorum be present..- —. ——. 132 no debate on. —-----------—............ ------------—.. 133 Printing, propositions to print extra numbers to be referred to the Committee on. (See Extract of Law, page 199.) Committee on, duties of, &c. (See, also, Extract oJ Law, page 199). —----—.... -—. ------. —---------- 100 may report at any time. —-... —-—....- 100,101 of bills of the Senate, ordered in the House, (joint rule) ---—. lS of bills when approved................. —------- -----—.. 157 Private business, to have precedence on Fridays and Saturdays. —- —. 128 such as no objection is made to, to be considered first and fourth Fridays and Saturdays of each month..- 129 Privilege of the floor, who entitled to.... —-----—......... -... - 134 134th rule to be strictly executed... —-- - - -.. 27 Q. Questions, precedence of ----- --..-................... —-----..... —-. 42, 43, 49 manner of putting.. —-—. —--- ------------—. —---—. 4 decorum to be observed during the putting of.. —------- -. 65 division of. —----------- -------------------------—. 46 lost, when vote is made a tie by the vote of Speaker -------- 7 Quorum, upon the appearance of, journal to be read. —.. —--—... -—. ] one-fifth of, may order tellers......................... —--- 4 fifteen members may compel the attendance of... —-....... 34 how compelled in Committee of the Whole. ——.. ——..-. 106 R. Reading of a paper, if objected to, may be determined by vote......... 141 Recommitted, at any time before passage, bill may be. —--- -. -... 124 effect of recommitment, where amendment is made ------ 124 Reconsider, motion to, may be made by a member of the majority -49 —. 49 must be made on the same or succeeding day.... 49 shall take precedence of any motion, except to adjourn ----------- 49 cannot be withdrawn after succeeding day, and may be called up by any membe-...... 49 HOUSE OF REPRESENTATIVES. 227 Rule. Reconsider, motion to, not in order in cases of bills introduced on Mondays during morning hour -------------- 130 Refer, motions to, order in which question to be taken on. —----------- 43 Reporters to be admitted, and have places assigned them by the Speaker. 135 must state, in writing, for what paper or papers employed --- 135 shall not be admitted if engaged as claim agents. 135 Reports to be made by the officers of government, list of, to be made out by Clerk at the commencement of each session. - -............ 13 Reports of committees, not acted on at first session, to be acted on after the first six days of second session, as though no adjournment had taken place, (joint rule). 21 to be called for as soon as the journal is read ---- 51 may be committed at pleasure.. —----- --—. 47 may be by bill or otherwise ---—.. —--- --—. 71 Reports of the Court of Claims to be continued from Congress to Congress-placed on calendar, &c. (See also Extract from the Law, page 200.) 122 Resolutions, when they may be submitted -.. ——. —---. —---—. 52,130 only one at a time.......... ——....... —-. 52 every alternate Monday set aside for. —----------—. 130 those giving rise to debate to lie over ------------------ 130 cannot be amended by adding other resolutions. ——. —-- 48 requiring assent of the Senate, to be laid on the table one day before acting on, &c. —--—. ——... —--------- 143 calling on executive officers for information to lie one day. 53 name of member moving. —.32 orders, votes, &c., requiring the President's approbation, shall be signed and presented as in case of bills-see Bills, (joint rule).-..-. -... 10 passed one house and lost in the other, notice to be given, (joint rule)-...-. 12 not to be presented to the President on the last day of the session, (joint rule) -. —---------—... —-—.- ----- 17 of State and Territorial legislatures, when they may be introduced —----. —----------------------- --------- 1]30 Riders, engrossed bills not to be amended by. —.-.-........... 126 Rooms, Speaker to dispose of unappropriated...- -----------—. 5 Rules, how to be amended, rescinded, or suspended. —--- --—.. —- 145 motion to suspend, may be entertained every Monday, one hour after the journal is read, and the last ten days of the session.. -. 145 may be suspended at any time to go into Committee of the Whole on the state of the Union —. -................ -...... -.. 104 pending, or motion to suspend, no dilatory motion, except one to adjourn, in order. —-—..................... ——.. —-.... —-.. 161 these, to govern present and succeeding Congresses, unless otherwise ordered............................................. 147 228 INDEX TO THE RULES OF THE S. Rule. Saturday, private bills take precedence on 128 first and fourth set apart for private bills not objected to 129 Seats of members, second drawing.for not in order during the same Congress............ 163 Secret session, relating to....... —-------------------------------- 137 during the rebellion, (joint rule). —-----—..................... 22 Senate, all orders to be laid on the table one day which require the assent of the-. 143 bills and resolutions, when to be read. ——...e —-.. —-- 54 consider messages from.-.............................. —. 54 messages to and from, (joint rule).-............................. 5, 41 messages from, to be repeated at Clerk's desk.-... 158 Sergeant-at-arms to be elected at the commencement of each Congress. 10 vote for, to be taken viva voe —-...................... —--------- 10 oath of office of ------------—. —........................... —------ 10 general duties of. ---------------------- 22 the mace to be borne by, when in the execution of his office. —------—..................... —--------------------- ---- 23 fees of, for making arrest, travelling expenses, &c -.- 24 shall keep pay and mileage accounts, draw and pay over money, &c --—...................... —. ---- 25 shall give bond, with surety................... —--------------- 26 to pay mileage, upon the report of the Committee on Mileage............................ 99 Smoking, prohibited within the bar or gallery.................... 65 Speaker shall take chair every day at hour to which House adjourned. 1 shall preserve order, decide questions of order subject to appeal, &c —--- ------------------- ----- 2 may speak to points of order in preference to other members - - - 2 shall rise to put a question -. -. 3 manner in which questions shall be put by ---- ----- 4 shall state the result of vote by tellers. —---....................... —------- 4 shall examine and correct the journal before it is read.-......., 5 shall have a general direction of the hall....5 may name members to perform the duties of the Chair for the day. 5 shall appoint all committees, unless the House direct otherwise. 67 shall vote in all cases of ballot, and where his vote, if given to the minority, will make a tie-...... —----------------—. —- 7 shall sign all acts, addresses, and joint resolutions............. 8 all writs, warrants, and subpoenas shall be under the hand and seal of..-.-.....-...........,..... 8 shall have power to order the galleries and lobby to be cleared-. 9 may admit stenographers, and assign them place in writing - -. 135 petitions handed to the Clerk to be subject to the cQntrol of.-.. 131 shall name member who is first to speak..................... 59 HOUSE OF REPRESENTATIVE S. 229 Rule. Speaker, while question is being put by or he is addressing the House, members to keep their seats, and not hold private conversation. 65 shall state motions when made and seconded.. —------—. —- 38 shall not entertain motion for leave to introduce post route bills- 115 shall not entertain request to change a vote after result announced-*.......................................... 29 shall not entertain motion for use of hall for other purpose than legitimate business of the House-. —. --—. ---- 155 to sign checks for pay and mileage of members..............- 25 to appoint chairman of the Committee of the Whole.-....... 105 no person to perform divine service in the hall without consent of. 6 shall have the control and disposal of the unappropriated rooms on the House side of the Capitol -......................... 5 election of, to be conducted in accordance with these rules- - -- 146 communications from executive departments for consideration of committees to be addressed to- -- -. -----—. — ------ 159 Speaker, pro tempore, may be named by the Speaker for the day ------- 5 Speaker's table, business on, how reached, and manner of disposing of. 54 shall be attended to only at time specified in 54th rule ------------—. —------------ 55 weekly statement of, to be prepared by Clerk 19 Special orders, all debate on, shall be confined to measure before committee ---- ----- - ------------- - 114 general appropriation bills, may be made at any time.- 119 State legislatures, when joint resolutions of, may be introduced -------- 130 Stationery, allowance of, to members and delegates ----- --------—. 154 Stenographers, relative to —- -------------------------- -- 135 shall not be admitted if engaged as claim agents........ 135 Strike out and insert, motions to, indivisble. —------------------- 46 Strike out, motion to, being lost, effect of......-................... 46 Strike out enacting2 clause, motion to, effect of ------------------------- 123 Subpcenas to be signed by the Speaker, &c -..... ——. —--—... —---- 8 T. Taxes, &c., respecting the imposition of.. —1..................... 110,111 Tellers, when to be appointed.................. —................... — 4 Tie votes, made so by the vote of the Speaker, defeat the propostion -. 7 U. Unfinished business, at adjournment, when to be resumed............. 51,56 all other, when to be resurned-........ 56 230 INDEX TO THE RULES OF THE HOUSE. V. Rule. Viva voce, election to be held by.-. --- -------.. —----------—. 10 Vote, separate, may be taken on each item of internal improvement bill- 12 not to be given by a member who is interested or without the bar... 29, 30 eveiy member present shall vote unless excused ----------- 31 to be given viva voce in the election of officers -—. —---------—. 10 Speaker not to entertain request to change, after result is announced - 29 Voting, manner of -------—. ——.. —-----------------..- 4 who are to be excluded from. —-.- —. —--------------- 29, 30 how members are excusedfrom......................-.. - 31 members not to visit the Clerk's desk while vote is being taken- 65 names of members not, to be entered on journal and published in " Globe" —-------------- --------------- ------------ 140 W. Warrants, writs, ic., to be signed by the Speaker-.-... —----—. —---- 8 Ways and Means, duties of Committee of.-...- - -. 151 may report bills at any time.-. —----------—. 151 Witnesses, how to be subpoenaed -8 —----------------------------—. 8 fees of, for attendance and mileage. 138 Writing, motion to reduce to, if desired... —-------------------—. 39 words excepted to, to be reduced to.. --.. —--—. — -. — 62 Y. Yeas and Nays one-fifth of the members present may order, (Constitution, ) to be taken alphabetically.-... —--—. 35 when calling, no one to go near the table ---------—. 65 names of members not voting by, to be entered on journal and published in " Globe"......................... 149 STANDING RULES FOR CONDUCTING BUSLNESS IN THE SENATE OF THE UNITED STATES, STANDING RULES FOR CONDUCTING BUSINESS IN THE SENATE OF THE UNITED STATES. COMMENCEMIENT OF DAILY SESSIONS., —— The Presiding Officer having taken the chair, and a quorum being present, the journal of the preceding day shall be read, to the end that any mistake may be corrected that shall be made in the entries. [16 April, 1789-March 25, 1868. A quorum shall consist of a majority of the Senators duly chosen and sworn. [4 May, 1864-March 25, 1868. fBUSINESS NOT TO BE INTEEt~RUPTED. 2,- INo Senator shall speak to another, or otherwise interrupt the business of the Senate, or read any newspaper, while the journals or public papers are reading, or when anly Senator is speaking in any debate. [16 April, 1789-14 Feb., 1828-March 25, 1868. RULES IN SPEAKING OR DEBATE. 3.-.-Every Senator, when he speaks, shall address the Chair, standing in his place, and when he has finished shall sit down. [16 April, 1789-March 25, 1868. 234 RULES OF THE SENATE. 4. —— No Senator shall speak more than twice, in any one debate, on the same day, without leave of the Senate, which question shall be decided without debate. [16 April, 1789-Marchl 25, 1868. 5-. -When two Senators rise at the same time, the Presiding Officer shall name the person to speak; but in all cases the Senator who shall rise first and address the Chair shall speak first. [16 April, 1789-14 Feb., 1828-March 25, 1868. CALLS TO ORDER AND APPEALS. G;.- If any Senator, in speaking or otherwise, transgress the rules of the Senate, the Presiding Officer shall, or any Senator may, call to order; and when a Senator shall be called to order by the Presiding Officer, or a Senator, he shall sit down, and shall not proceed without leave of the Senate. And every question of order shall be decided by the Presiding Officer, without debate, subject to an appeal to the Senate; and the Presiding Officer may call for the sense of the Senate on any question of order. But when an appeal shall be taken from the decision of the Presiding Officer, any subsequent question of order, which may arise before the decision of such appeal by the Senate, shall be decided by the Presiding Officer without debate, and every appeal therefrom shall also be decided at once, and without debate. [16 April, 1789-14 Feb., 1828-26 Juno, 1856-March 25, 1868. EXCEPTIONABLE WORDS. 7. —- f a Senator be called to order by another for words spoken, the exceptionable words shall immediately be taken down in writing, that the Presiding Officer may be better able to judge of the matter. [16 April, 1789 —Mach 25, 1868. ABSENT SENATORS MAY BE SENT FOR. S. -No Senator shall absent himself from the service of the Senate, without leave of the Senate first obtained. And RULES OF THE SENATE. 235 in case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the Sergeant-atArms, or any other person or persons by them authorized, for any or all absent Senators, as the majority of such Senators present shall agree, at the expense of such absent Senators, respectively, unless such excuse for non-attendance shall be made as the Senate, when a quorum is convened, shall judge sufficient, and in that case the expense shall be paid out of the contingent fund. And this rule shall apply as well to the first convention of the Senate, at the legal time of meeting, as to each day of the session, after the hour has arrived to which the Senate stood adjourned. [16 April, 1789-25 June, 1798-4 Feb., 1828-March 25, 1868. RULE FOR DEBATE',. 9.- — No motion shall be debated until the same shall be seconded. [16 April, 1789-March 25, 1868. RULE FOR MOTIONS9 DEBATE, AND WITHDRAWAL. l O.- When a motion shall be made and seconded, it shall be reduced to writing, if desired by the Presiding Officer, or any Senator, delivered in at the table, and read, before the same shall be debated; and any motion may be withdrawn by the mover at any time before a decision, amendment, or ordering of the yeas and nays, except a motion to reconsider, which shall not be withdrawn without leave of the Senate. [16 April, 1789-14 Feb., 1828-21 Jan., 1851-M-arch 25, 1868. 236 RULES OF THE SENATE. PRECEDENCE OF MOTIONS WHEN A QUESTION IS UNDER DEBATE. 1. -When a question is under debate, no motion shall be received butto adjourn; to proceed to the consideration of Executive business; to lie on the table; to postpone indefinitely: to postpone to a day certain; to commit; or to amend; which several motions shall have precedence in the order they stand arranged; and motions to adjourn, to proi eed to the consideration of Executive business,.and to lie on the table, shall be decided without debate, and motions to take up or proceed to the consideration of any question shall be determined without debate upon the merits of the question proposed to be considered. [16 April, 1789-13 Jan., 1820-14 Feb., 1828-March 25, 1868. DIVISION OF A QUESTION. 2. —-- the question in debate contain several points, any Senator may have the same divided; but, on a motion to strike out and insert, it shall not be in order to move for a division of the question; but the rejection of a motion to strike out and insert one proposition, shall not prevent a motion to strike out and insert a different proposition; nor prevent a subsequent motion simply to strike out; nor shall the rejection of a motion simply to strike out, prevent a sub. sequent motion to strike out and insert. [16 April, 1789-23 June, 1832-March 25, 1868. FILLING BLANKS. 1o3.- n filling up blanks, the largest sum and longest time shall be first put. [16 April, 1789-3 Jan., 1820-14 Feb., 1828-March 25, 1868. RULES OF TE: SENATE. 237 OBJECTION TO READING- A PAPER. 1. -When the reading of a paper is called for, and the same is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate. [3 Jan., 1820-14 Feb., 1828-March 25, 1868. UNFINISHED BUSINESS-PRIOR SPECIAL ORDER. I 5.- The unfinished business in which the Senate was engaged at the last preceding adjournment shall have the preference in the special orders of the day. [3 Jan., 1820-14 Feb., 1828-Maarch 25, 1868. YEAS AND NAYS. 16. —— When the yeas and nays shall be called for by onefifth of the Senators present, each Senator called upon shall, unless for special reasons he be excused by the Senate, declare openly, and without debate, his assent or dissent to the question. In taking the yeas and nays, and upon a call of the Senate, the names of the Senators shall be called alphabetically. [16 April, 1789-March 25, 1868. 7. —— When the yeas and nays shall be taken upon any question, in pursuance of the above rule, no Senator shall be permitted, under any circumstances whatever, to vote after the decision is announced from the Chair. [4 April, 1822-14 Feb., 1828-March 25, 1868. C(LOSING THE DOORS AND CLEARING THE GALLERY. I S.- On a motion made and seconded to shut the doors of the Senate, on the discussion of any business which may, in the opinion of a Senator, require secrecy, the Presiding Officer shall direct the gallery to be cleared; and during the discussion of such motion the doors shall remain shut. [20 Feb., 1794-March 25, 1869. 238 RULES OF THE SENATE. NO PERSON ADMITTED TO PRESENT PETITION, ETC. 1 9.- No motion shall be deemed in order to admit any person whatsoever within the doors of the Senate Chamber to present any petition, memorial, or address, or to hear any such read. [27 April, 1798-March 25, 1868. RECONSIDERATION. 20. —-- When a question has been made and carried in the affirmative or negative, whether previously reconsidered or not, it shall be in order for any Senator of the majority to move for the reconsideration thereof; but no motion for the reconsideration of any vote shall be in order after the bill, resolution, message, report, amendment, or motion upon -which the vote was taken shall have gone out of the possession of the Senate, announcing their decision, except a resolution confirming or rejecting a nomination by the President; nor shall any motion for reconsideration be in order, unless made on the same day on which the vote was taken, or within the two next days of actual session of the Senate thereafter; but a motion to reconsider a vote upon a nomination shall always, if the resolution announcing the decision of the Senate has been sent to the President, be accompanied by a motion requesting the President to return the same to the Senate. VWhen any question may have been decided by the Senate, in which two-thirds of the Senators present are necessary to carry the affirmative, any Senator who votes on that side which prevailed in the question may be at liberty to move for a reconsideration; and a motion for reconsideration shall be decided by a majority of votes. But no motion to reconsider a vote upon a motion to reconsider shall be in order at any time. [25 Feb., 1790-26 March, 1806-April 6, 1867-March 25, 1868. CASTING VOTE OF THE VICE-PRESIDENT. 21. -When the Senate are equally divided, the President may announce his vote upon the question. [18 July, 1789-March 25, 1868. RULES OF THE SENATE. 239 QUESTION PUT BY THE PRESIDING OFFICER. 22. All questions shall be put by the Presiding Officer of the Senate, either in the presence or absence of the President of the United States, and the Senators shall.signify their assent or dissent, by answering aye or no. [21 Aug., 1789-March 25, 1868. APPOINTMENT OF A SENATOR TO THE CHAIR. 23 —-- The Presiding Officer of the Senate shall haVe the right to name a Senator to perform the duties of the Chair; but such substitution shall not extend beyond an adjourmLent. [3 Jan., 1820-March 25, ] 868. iMORNING BUSINESS, PETITIONS, REPORTS, ETC. 24.- After the journal is read, the Presiding Officer shall lay before the Senate messages from the President, reports from the Executive Departments, and bills and joint resolutions, or other messages from the House of Representatives. He shall then call forPetittions and memorials; Reports of committees; The introduction of bills; Joint resolutions; lResolutions; all which shall be received and disposed of in such order, unless unanimous consent shall be otherwise given; and every petition or memorial, or other paper, shall be referred, of course, without putting a question for that purpose, -unless the reference is objected to by a Senator at the time such petition, memorial, or other paper is presented. And before any petition or memorial, addressed to the Senate, shall be received and read at the table, whether the same shall be introduced by the Presiding Officer, or a Senator, a brief statement of the contents of the petition or memorial shall verbally be made by the introducer. 118 April, 1789-10 April, 1834-karch 6o, 1e68. 240 RULES OF THE SENATE. NOTICE AND PRINTING OF BILLST ETC. 25o —-- One day's notice, at least, shall be given of an intended motion for leave to bring in a bill or joint resolution; and all bills and joint resolutions reported by a committee shall, after the first reading, be printed for the use of the Senate, and also all reports of committees, unless otherwise ordered; but no other paper or document shall be printed for the use of the Senate without special order. [16 April, 1789-3 Feb., 1801-3 Jan., 1820-8 April, 1822-14 Feb., 1828-March 25, 1868. JOINT RESOLUTIONS. 26. —Every bill and joint resolution shall receive three readings previous to its being passed, and the Presiding Officer shall give notice at each whether it be the first, second, or third; which reading shall be on three different days, unless the Senate unanimously direct otherwise. And all resolutions proposing amendments to the Constitution, or to which the approbation and signature of the President may be requisite, or which may grant money out of the contingent or any other und, shall be treated, in all respects, in the ihtroduction and form of proceeding on them, in the Senate, in a similar manner with bills; and a11 other resolutions shall lie on the table one day for consideration, and also reports of committees. [MBarch 25, 1868. COMMITMENT OF BILLS. 2,70 —— No bill or joint resolution shall be committed ol amended until it shall have been twice read, after which it may be referred to a committee. [16 April, 1789- March 25, 1868. IN COMMITTEE OF THE WHOLE. S —-- All bills and joint resolutions 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. [21 May, 1789-26 March, 1806-3 Jan., 1820-iMarch 25, 1868. RULES OF THE SENATE. 241 FINAL QUESTIONS —REFERENCE TO COURT OF CLAIMS. 29. The final question upon the second reading of every bill, resolution, or constitutional amendment, 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 a third reading of any bill, resolution, or amendment, unless by unanimous consent of the Senators present; but it shall at all times be in order, before the final passage of any such bill, resolution, or constitutional amendment, to move its commitment; and should such commitment take place, and any amendment be reported by the committee, the said bill, resolution, or constitutional amendment shall be again read a second time, and considered as in Committee of the Whole, and then the aforesaid question shall be again put. Whenever a private bill is under consideration, it shall be in order to move, as a substitute for it, a resolution of the Senate referring the case to the Court of Claims. [4 Feb. 1807-26 June, 1856-March 25, 1868. AMENDMENTS TO APPROPRIATION BILLS. 30.- 1No amendment proposing additional appropriations shall be received to any general appropriation bill, unless it be made to carry out the provisions of some existing law, or some act or resolution previously passed by the Senate during that session, or moved by direction of a standing or select committee of the Senate, or in pursuance of an estimate from the head of some of the Departments; and no amendment shall be received whose object is to provide for a private claim, nnless it be to carry out the provisions of an existing law or a treaty stipulation. All amendments to general appropriation bills reported from committees of the Senate, proposing new items of appropriation, shall, one day before they are offered, be referred to the Committee on Appropriations, and all general appropriation bills shall be referred to the said committee. Any pending 16 242 RULES OF THE SENATE. amendment to a general appropriation bill may be laid on the table without affecting the bill. [19 Dec., 1850-7 May, 1852-13 Jan., 1854-3 May, 1854-7 March, 1867-March 25 1868-Feb. 22, 1871. SPECIAL ORDERS. 31.- When the hour shall arrive for the consideration of a special order, it shall be the duty of the Presiding Officer to take it up, unless the unfinished business of the preceding day shall be under consideration. [26 June, 1856-March 25, 1868. PREC(EDENCE IN SPECIAL ORDERS. When two or more subjects shall have been specially fassigned for consideration, they shall take precedence according to the order of time at which they were severally assigned, and such order shall at no time be lost or changed, except by the direction of the Senate. ~26 June, 1856-March 25, 1868. PRECEDENCE IN SPECIAL ORDERS AND OVER GENERAL ORDERS. When two or more subjects shall have been assigned for the same hour, the subject first assigned for that hour shall take precedence; but special orders shall always have precedence of general orders, unless such special orders shall be postponed by direction of the Senate. [26 June, 1856-March 25, 1868. TWO-THIRDS REQUIRED TO MAKE A SPECIAL ORDER. No bill, joint resolution, or other subject shall be made a special order for a particular day and hour without the concurrence of two-thirds of the Senators present. [13 January, 1862-March 25, 1868. MAKING UP THE JOURNAL. 32. —-The titles of bills and joint resolutions, and such parts thereof only as shall be affected by proposed amendments, shall be inserted on the journal. [12 March, 1792 —March 25, 1868. RULES OF THE SENATE. 243 33. The proceedings of the Senate shall be entered on the journal as concisely as possible, care being taken to detail a trdre and accurate account of the proceedings; but every vote of the Senate shall be entered on the journal, and a brief statemenrt of the contents of each petition, memorial, or paper, presented to the Senate, shall also be inserted on the journal. [19 May, 1789-12 March, 1792 -14 Feb., 182R-March 25, 1868. STANDING COMMITTEES. 34. —— The following standing committees shall be ap-.pointed at the commencement of each session, with leave to report by bill or otherwise: [5 March, 1857-March 25,1868. A Committee on Privileges and Elections, to consist of seven Senators. [March 10, 1871. A Committee on Foreign Relations, to consist of seven Senators. [16 Dec., 1816-5 March, 1857-March 25, 1868. A Committee on Finance, to consist of seven Senators. [10 Dec., 1816-5 March, 1857-March 25, 1868. A Committee on Appropriations, to consist of sevenl Senators. [6 March, 1867-March 25, 1868. A Committee on Commerce, to consist of seven Senators. [10 Dec., 1816-7 Dec., 1825 —5 March, 1857-March 25, 1868. A Committee on Manufactures, to consist of five Senators. [10 Feb., 1864 —March 25, 1868. A Committee on Agriculture, to consist of five Senators. [6 March, 1863-March 25, 1868. A Committee on MilitaryAffairs, to consist of seven Senators. [10 Dec., 1816-5 March, 1857-March 25, 1868. A Committee on Naval Affairs, to consist of seven Senators. [10 Dec., 1816-5 March, 1857-March 25, 1868. A Committee on the Judiciary, to consist of seven Senators. [10 Dec., 1816-5 March, 1857-March 25, 1868. 244 RULES OF THE SENATE. A Committee on Post Offices and Post Roads, to consist of seven Senators. [10 Dec., 1816-5 March, 1857-March 25, 1868. A Committee on Public Lands, to consist of seven Senators. [10 Dec., 1816-5 March, 1857-March 25, 1868. A Committee on Private Land Claims, to consist of five Senators. [27 Dec., 1826-5 March, 1857-March 25, 1868. A Committee on Indian Affairs, to consist of seven Senators. [3 Jan., 1820-5 March, 1857 —March 25, 1868. A Committee on Pensions, to consist of seven Senators. [10 Dec., 1816-5 March, 1857-March 25, 1868. A Committee on Revolutionary Claims, to consist of five Senators. [28 Dec., 1832-5 March, 1857-March 25, 1868. A Committee on CGaims, to consist of seven Senator-s. [10 Dec., 1816-5 M]arch, 1857 —26 Jan., 1860-M- arch G25, 1868. A Committee on the District of Col umbia, to consist of seven Senators. [18 Dec., 1816-5 March, 1857-IMarch 25, 1868. A Coummittee on Patents, to consist of five Senators. [7 Sept., 1837-5 March, 1857-March 25, 1868. A Committee on Public Buildings and Grounds, to consist of five Senators, who shall have power also to act jointly with the same committee of the House of Representatives. [16 Dec., 1819-19 Dec., 1837-28 May, 1850-5 March, 1857-IMarch 25, 1868. A Committee on Territories, to consist of seven Sencators. [25 March, 1844-5 March, 1857-M- arch 25, 1868. A Committee on the Pacific Railroad, to consist of eleven Senators. [22 December, 1863-March 25, 1868-Dec. 21, 1868. A Committee on Mines and Mining, to consist of seven Senators. [8 March, 1865-IMarch 25, 1868. A Committee on the Revision of the Laws of the United States, to consist of five Senators. [Dec. 10, 1868. A Committee on Education and Labor, to consist of five Senators. [Jan. 28, 1869-Feb. 14, 1870.. RULES OF THE SENATE. 245 A Committee to Audit and Control the Contingent Expenses of the Senate, to consist of three Senators, to which shall be referred all resolutions directing the payment of money out of the contingent fund of the Senate, or creating a charge on the same. [4 Nov., 1807-7 April, 1853-5 March, 1857-March 25, 1868. A Committee on Printing, to consist of three Senators, to whom shall be referred every question on the printing of documents, reports, or other matters transmitted by either of the executive Departments, and all memorials, petitions, accompanying docunments, together with all other matter the printing of which shall be moved, excepting bills originating in Congress, resolutions offered by any Senator, communications from the Legislatures or Conventions lawfully called of the respective States, and motions to print by order of the standing committees of the Senate; motions to print additional numbers shall likewise be referred to said committee; and when the report shall be in favor of printing additional numbers, it shall be accompanied by an estimate of the probable cost; the said committee shall also supervise and direct the procuring of maps and drawings accompanying documents ordered to be printed. [15 Dec., 1841-18 Dec., 1850-22 Jan., 1855-5 March, 1857-March 25, 1868. A Committee on Engrossed Bills, to consist of three Senators, whose duty it shall be to examine all bills, amendments, and resolutions, before they go out of the possession of the Senate; and shall deliver the same to the Secretary of the Senate, who shall enter upon the journal that the same have been correctly engrossed. [3 Jan., 1820-March 25, 1868. A Committee on Enrolled Bills, to consist of three Senators, who, or some one of whom, shall forthwith present all enrolled Senate bills to the President in person, for his signature, and report the fact and date of such presentation to the Senate. [6 Aug., 1789-5 March, 1857-March 25, 1868. 246 RULES OF THE SENATE. APPOINTMENT OF COMMITTEES. 35. b In the appointment of the standing committees, the Senate shall proceed, by ballot, to appoint severally 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, but a plurality of votes shall elect the other members thereof. All other committees shall be appointed by ballot, and a plurality of votes shall make a choice. [3 Jan., 1820-8 Dec., 1826-14 Feb., 1828-March 25, 1868. REFERENCE TO STANDING OR SELECT COMMITTEES. 36.~-When motions are made for reference of the same subject to a select committee and to a standing committee, the question on reference to the standing committee shall be first put. [14 Feb., 1828 —March 25, 1868. EXECUTIVE BUSINESS-PROCEEDINGS ON NOMINATIONS. 37,- When nominations shall. be made by the President of the United States to the Senate, they shall, unless otherwise ordered by the Senate, be referrred to appropriate committees; and the final question on every nomination shall be,'Will the Senate advise and consent to this nominationS?" which question shall not be put on the same day on whichl the nomination is received, nor on the day on which it may be reported by a committee, unless by the unanimous consent of the Senate. Nominations neither approved nor rejected during the session at which they are made shall not be acted upon at any succeeding session without being again made by the President; and if the Senate shall adjourn or take a recess for more than thirty days, all nominations pending and not finally acted upon at the time of taking such adjournment or recess shall be returned to the President, and shall not be afterwards acted upon, unless again submitted to the Senate by the Presi RULES OF THE SENATE. 247 dent; and all motions pending to reconsider a vote upon a nomination shall fall on such adjournment or recess; and the Secretary of the Senate shall thereupon make out and furnish to the heads of Departments and other officers the list of nominations rejected or not confirmed, as required by law. When the President of the United States shall meet the Senate in the Senate Chamber for the consideration of executive business, the Presiding Officer of the Senate shall have a chair on the floor, be considered as the head of the Senate, and his chair shall be assigned to the President of the United States. WVhen the Senate shall be convened by the President of the United States to any other place, the Presiding Officer of the Senate and the Senators shall attend at the place appointed, with the necessary officers of the Senate. [21 Aug., 1789-18 Feb., 1843 —March 25, 1868. PROCEEDINGS ON TREATIES.:$S. When a treaty shall be laid before the Senate for ratification, it shall be read a first time, when no motion in respect to it shall be in order except to refer it to a committee or to print it in confidence for the use of the Senate. Its second reading shall be for consideration, and shall be on a subsequent day, when it shall be taken up as in Committee of the Whole and be considered by articles, when amendments may be proposed; but when amendments are reported by a committee they shall be first acted on, after which other amendmnents may be proposed; and when through, the whole proceeding had as in Committee of the Whole shall be reported to the Senate, when the question shall be, if the treaty be amended, "Will the Senate concur in the amendments made in Committee of the Whole~" and the amendments may be tklen separately or in gross, as the Senate may elect, after which new amendments may be proposed. The decisions thus made shall be reduced to the form of a resolution of ratification, with or without amendments, as the case may be, which shall be proposed on a subsequent day, unless by unanimous consent the Senate determine otherwise, when every 1248 RULES OF THE SENATE. one shall again be free to move amendments, the question on which shall be proposed and taken as in the case of amendments to the article. And on the final question to advise and consent to the ratification in the form agreed to, the concurrence of two-thirds of the Senators present shall be requisite to determine it in the affirmative, but all other motions and questions thereon shall be decided by a majority vote. [6 Jan., 1801 —March 25, 1868. MATTERS CONFIDENTIAL AND SECRET. 39. All confidential communications made by the President of the United States to the Senate shall be by the Senators and the officers of the Senate kept secret, and all treaties which may be laid before the Senate, and all remarks and proceedings thereon, shall also be kept secret until the Senate shall, by their resolution, take off the injunction of secrecy; but this rule shall not apply to treaties with Indian tribes, which shall be considered and acted upon in open Senate, unless the same shall be transmitted by the President to the Senate in confidence. [22 Dec., 1800-3 Jan., 1820-March 25, 1868 —Feb. 8, 1870. SECRECY OF REMARKS ON NOMINATIONS. 40.- All information or remarks concerning the character or qualifications of any person nominated by the President to office shall be kept a secret; but the fact that a nomination has been made shall not be regarded as a secret. L3 Jan., 1820-March 25, 1868. CLEARING OF THE SENATE. 41. -When acting on confidential or executive business, the Chamber shall be cleared of all persons except the Secretary of the Senate, the principal or executive clerk, the Sergeant-at-Arms and Doorkeeper, the assistant doorkeeper, and such other officers as the Presiding Officer shall think necessary; and all such officers shall be sworn to secrecy. [3 Jan., 1820-March 25, 1868. SEPARATE BOOKS TO BE KEPT. 42.- -The legislative proceedings, the executive proceedings, and the confidential legislative proceedings of the Senate, shall be kept in separate books. [19 May, 1789-15 April, 1828-March 25, 1868. RULES OF THE SENATE. 249 EXECUTIVE PROCEEDINGS FURNISHED TO THE PRESIDENT. 43. —— Nominations approved or definit6ly acted on by the Senate shall not be returned by the Secretary of the Senate to the President until the expiration of the time limited for making a motion to reconsider the same, or while a motion to reconsider is pending, unless otherwise ordered by the Senate. The President of the United States shall, from time to time, be furnished with an authenticated transcript of the executive records of the Senate, but no further extract from the executive journal shall be furnished, except by special order; and no paper, except original treaties, transmitted to the Senate by the President of the United States, or any executive officer, shall be returned or delivered from the office of the Secretary of the Senate, without an order of the Senate for that purpose. [27 Jan., 1792-27 March, 1818-5 Jan., 1829-6 April, 1867-March 25, 186 PROCEEDINGS ON AMENDMENTS TO THE CONSTITUTION. 44 —-- When an amendment to be proposed to the Constitution is under consideration, the concurrence of two-thirds of the Senators present shall not be requisite to decide any question for amendments, or extending to the merits, being short of the finall question. [26 March, 1806-March 25, 1868. MESSAGES TO THE HOUSE OF REPRESENTATIVES. 4. —-- Messages shall be sent to the House of IRepresentatives by the Secretary, who shall previously indorse the final determination of the Senate upon bills and other papers communicated. 126 March, 1806-March 25,1868. MESSENGERS INTRODUCED. 46. —-Messengers may be introduced in any state of business, except while a question is putting, while the yeas and nays are calling, or while the ballots are counting. [26 March, 1806-March 25, 1868 250 RULES OF TIE SENATE. PERSONS ADMITTED ON FLOOR. 47. —No person shall be admitted to the floor of the Senate, while in session, except as follows, viz: The officers of the Senate, members of the House of Representatives and their Clerk, the President of the United States and his private secretary, the heads of Departments, ministers of the United States and foreign ministers, ex-Presidents and ex-Vice-Presidents of the United States, ex-Senators, Senators elect, judges of the Supreme Court, and Governors of States and Territories. [17 March, 1853-23 Jan., 1854-24 Jan., 1854-6 March, 1856-11 Jan., 1859-7 Feb., 1862March 25, 1868. REGULATION OF SENATE IWING OF THE CAPITOL. 4S. -The Presiding Officer of the Senate shall have the regulation and control of such parts of the Capitol, and of its passages, as are or may be set apart for the use of the Senate and its officers. [22 Jan., 1.824-14 Feb., 1828-M-arch 25, 1868. RESTRIlCTION OF PRESENTING REJECTED CLAIMS. z49. - Whenever a claim is presented to the Senate and referred to a committee, and the committee report that the claim ought not to be allowed, and the report be adopted by the Senate, it shall not be in order to move to take the papers from the files for the purpose of referring them at a subsequent session, unless the claimant shall present a memorial for that purpose, stating in what respect the committee have erred in their report, or that new evidence has been discovered since the report, and setting forth the new evidence in the memorial. [25 Jan., 1842-21 Dec., 1842-Mlarch 25, 1868. PENALTIES FOR VIOLATING CONFIDENCE OF SENATE. 50. -Any Senator or officer of the Senate who shall disclose the secret or confidential business or proceedings of the Senate shall be liable, if a Senator, to sutffer expulsion from the body, and if an officer, to dismissal from the service of the Senate, and to punishment for contempt. [10 May, 1844-March 25, 1868. RIULES OF THE SENATE. 251 OATHS OF OFFICE. 5. —— The oaths or affirmations prescribed by the Constitution and by the act of Congress of July 2, 1862, to be taken and subscribed before entering upon the duties of office, shall be taken and subscribed by every Senator in open Senate before entering upon his duties. They shall also be taken and subscribed in the same way by the Secretary of the Senate; but the other officers of the Senate may take and subscribe them in the office of the Secretary. [25 Jan., 1864-March 25, 1868. 13USINESS CONTINUED FROM SESSION TO SESSION. 52. -At the second or any subsequent session of a Congress, the legislative business of the Senate which remains undetermined at the close of the next preceding session of that Congress shall be resumed and proceeded with in the same manner as if no adjournment of the Senate had taken place; and all subjects referred to committees, and not reported upon at the close of a session of Congress, shall be returned to the office of the Secretary of the Senate, and be by him retained until the next succeeding session of that Congress, when they shall be returned to the several committees to which they had been previously referred. [March 25, 1868. SUSPENSION AND AMENDMENT OF RULES. a3. —- o motion to suspend, modify, or amend the rules, or any thereof, shall be in order, except on one day's notice in writing, specifying the rule to be suspended, modified, or amended, and the purpose thereof. But any rule may be suspended by unanimous consent, except the seventeenth rule, which shall never be suspended. A motion to suspend, or to concur in a resolution of the House of Representatives to suspend, the 16th and 17th joint rules, or either of them, shall always be in order, be immediately considered, and be decided without debate. [16 April, 1789-26 March, 1806-3 Jan., 1820-24 Feb., 1828-7 May, 1852-March 25, 1868 ANALYTICAL INDEX TO THE STANDING RULES OF THE SENATE. A. No. ABSENT himself from Senate without leave first obtained. No member shall....... 8 ABSENT members may be sent for, by less than a quorum, at the expense of such members, unless excused, and then paid out of the contingent fund.-.... 8 ADDITIO-AL numbers of documents to be referred to the Committee on Printing. 3Motions to print.-............................................... 34 ADDRESS, or hear any such read. No person shall be admitted to present any petition, memorial, or. —-.. —-.....li-..-.-....-.-.-.i.......... 19 ADJOURa, &c. When a question is under debate no motion shall be received but to. 11 ADSJOUrSxIENT shall always be in order, and shall be decided without debate. The motion for.- 11 ADJOURX31ENT. The substitution of a member to fill the chair shall not extend beyond an.-................ —23 ADJouuns,rE-TS. Special orders not to lose their position on the calendar on account of intervening.................................................................. 31 AnDSIIT any person in Senate to present a petition, &c., &c. No motion in order to... 19 ADnIITTED On the floor of the Senate. Description of persons (and none others) who shall be.-. —--—...... —.............:.47 AGRICuLTuRE, to consist of five members. A standing Committee on -....... 34 ALPHABETICALTrY. In taking the yeas and nays, or on a call of the House, the names of the members taken.-....... —..-.....-......-... 16 AMEND. When a quLestion is under debate no motion shall be received but to adjourn, to lie on the table, to postpone indefinitely, to postpone to a day certain, to commit, or to...-.... —.................- 11 AMaENDED until twice read, &c. No bill shall be.-........ 7.....-............. 27 AMlENDMIENT. Any motion may be withdrawn before.. —-—. —------------------—. 10 AMENDMIENTS containing several points may be divided, but a motion to strike out and insert shall not be divided. The rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor a motion simply to strike out, nor another motion to strike out and insert. 2 AMEND the rules. One day's notice of a motion required to.-.......... ——. 53 ALMENDAIENTS to the Constitution same as on bills, &c. The proceedings on ---—. —. 26 AMEND3MENT. No amendment shall be received for discussion at a third reading of any bill, &c., unless by unanimous consent; but such bill, &c., may be referred to a committee, and should an amendment be reported, the bill, &c., shall again be read a second time, &c., (see Rule)....................................... 29 16, 254 INDEX TO STANDING RULES OF SENATE, AIMENDMENT shall be, "Whether it shall be engrossed and read a third time l" The final question on the second reading of any constitutional -—.....:............... 29 AMIENDMENT proposing additional appropriations shall not be received to any general appropriation bill, unless to carry out an existing law, or act, or resolution of the Senate previously passed during that session, or moved by a standing or select committee, or in pursuance of an estimate from the head of some of the departments; and no amendment shall be received to provide for a private claim, unless it be to carry out an existing law or treaty stipulation —.....-.................. 30 AMENDMENTS to general appropriation bills, proposing new items of appropriation, shall, one day before they are offered, be referred to the Committee on Appropriations, and when offered may be laid on the table without affecting bill.......... 30 A2MENDIMENTs shall be inserted on the journals. The titles of bills and parts affected by. 32 AMENDMENTS to treaties. Forms of questions and proceedings on -—................. 33 AMENDMENT to be proposed to the Constitution is under consideration, the concurrence of two-thirds of the members present shall not be requisite to decide any question for amendments, or extending to the merits, being short of the final question. When an. —-4.. —-—.....: — ------....... —--—.-. —...-.. —. —--—. —----- 44 APPEAL tO the Senate. Every question of order shall be decided by the President, without debate, subject to an -. —................o.. -----—..... —-------- 6 APPOINTMENT of all the committees (except the chairman of standing committees) a plurality of votes shall make a choice. In the --—............ —. —-.. —-..... 35 APPOINTMLENT of standing committees the Senate will proceed, by ballot, severally to appoint the chairman of each committee, and then, by one ballot, the other memhers 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. In the -.. —.. —-...................-.. —-. —. —----—.. —. 35 APPOINTMENTS.'Executive, &c. (See Nominations.) APPRRoPIATION bill. Restrictions upon amendments to anygeneral, (see AmendmentRule —Bill). —.30.......... —--—. ---------------—. —---------------—.-.... —- 30 APPROPRIATIONS to consist of seven members. A standing Committee on -..-...-....34 ASSIGNMENT of special orders according to the order of time for which they were assigned, and at which they were assigned, and over general orders -.......-..... 31 ATTENDANCE of members required and absent members sent for, &c.................. 8 AUDIT and Control the Contingent Expenses of the Senate, to consist of three members, to whom shall be referred all resolutions directing the payment of money out of the contingent fund of the Senate, or creating a charge on the same. Standing Committee to --—.................... —--- -.. —--—......... ——. —-—.... —-- 34 AYE or No. The President of the Senate shall put all questions, and the members shall answer-..... —-............ —-------—. —---------- -------------------- -- 22 ]B. BALLOT, &c. All standing and other committees shall be appointed by...-......... 35 BALLOTS are being counted, &c. M]essengers are introduced in any state of business, except while the. —--—.... —-. —--...... —-. —----—. —-.... —-----—. —---—. 46 BILL, resolution, &c., has gone out of possession of the Senate. No motion for reconsideration shall be in order after a................................................ 20 BILL. One day's notice shall be given for asking leave to introduce a................ 25 BILLS reported by a committe shall, after first reading, be printed.................... 25 BILL shall receive three readings before being passed. Each........................ 20 INDEX TO STANDING RULES OF SENATE. 255 No. BILL, -which readings shall be on different days, unless Senate unanimously direct otherwise. The President shall give notice at first, second, and third reading of each ----------.. — --------- ---—................. 26 BILLS. All resolutions reqiiring the signature of the President, or granting money out of contingent or other fund, shall be treated as.. —...... —......... 26 BILL shall be committed or amended until it shall have been twice read, after which it maybe committed. No. ——. —-----------—..-. 27 BILLS on a second reading shall first be considered as in Committee of the Whole before being considered in Senate, unless otherwise ordered. All.............. 28 BILL in Committee of the Whole, the Vice-President, or President pro tenzpore, may call a member to fill the chair, &c. When the Senate, shall consider a..-......... 28 BILL originating in the Senate shall be, "Whether it shall be engrossed and read a third time " The final question on the second reading of every...-.... 29 BILL, unless by unanimous consent of the members present. No amendment shall be received for discussion at the third reading of any........................ 29 BILL, to move its commitment. It shall at all times be in order, before the final passage of any........................................ —--------- - --------—............ 29 BILLS reported with any amendment, after such commitment, shall be again read a second time and considered as in Committee of the Whole, and then the question shall again be put, "Whether it shall be engrossed and read a third time? "...... 29 BILL is under consideration, it shall be in order to move, as a substitute for it, a resolution of the Senate referring the case to the Court of Claims. Whenever a private 29 BILL, unless to carry out the provisions of some existing law, or act, or resolution previously passed by the Senate, during that session, or moved by direction of a standing or select committee of the Senate, or in pursuance of an estimate from the head of some of the departments; and no amendment shall be received whose object is to provide for a private claim, unless it be to carry out the provisions of an existing law or a treaty stipulation. No amendment proposing additional appropriations shall be received to any general appropriation.............. 30 BILLS and such parts only as shall be affected byproposed amendments shall be inserted on the journals. The titles of --—....................................... 32 BILL or otherwise. The standing committees of the Senate shall be appointed at the commencement of each session, with leave to report by.......................... 34 BILLS, to consist of three members, whose duty it shall be to examine all bills, &c., before they go out of the possession of the Senate, and deliver same to Secretary of the Senate, to be entered on the journal as correctly engrossed. A Committee on Engrossed -------—. — --.. ——... —-..- -—...................... 34 BILLS to be printed without being referred to the Committee on Printing......... 34 BILLS, to consist of three members. A Committee on Enrolled...................... 34 BLANKS the largest sum and longest time shall be first put. In filling............... 13 BOOKS (or journals.) The legislative proceedings, the executive proceedings, and the confidential legislative proceedings of the Senate, shall be kept in separate and distinct. —.. —-... —---------—... —------—......... 42 BUSnIESS of Senate not to be interrupted by talking, reading newspapers, or otherwise. 2 BusiLEss at preceding adjournment shall have preference in the special orders of the day. The unfinished.......................................................... 15 BUSINESS requiring secrecy the doors shall be shut, &e. On the discussion of....... 18 BusIEss in the Senate. Order of morning................................ 24 BUSnEss except while a question is being put, while the yeas and nays are being called, or while the ballots are being counted. M.'essengers are introduced in any state of the..............4...................... 46 Busmnss to be continued from session to session of a Congress...................... 52 256 INDEX TO STANDING RULES OF SENATE. C, No. CALENDAR on account of intervening adjournments. Special orders not to lose their position on the........-.... ——........... —...... 31 CALL of the House, the names taken alphabetically. Ypon a.. —-----—. —-...... 16 CAPITOL, and of its passages, as are or may be set apart for the use of the Senate and its officers. The Presiding Officer of the Senate shall have the regulation of such parts of the -----— 48.-................ —-----------------—. —.. —----- 48 CASTING vote. When the Senate are equally divided the President sharll give the.- -. 21 Cs-IAIR, and, a quorum being present, the business proceeds. The President takes the. 1 CHAIR. Every member, when he speaks, shall address the..- --.... 3 CHAIR. Every member, rising to speak, shall address the.-........ 3 CHAIR shallispeak first, the Chair to name the member. The member who shall first rise and address the. —-...-.... —---—...- - —. —- -- ----—.. - ----—.- 5 CHAIR shall, or a member may, call to order when rLles are trlansgressed. The.-6.. 6 CIsAIR no member shall be permitted to vote. When the decision shall be announced by the...........17 -.-........................... 17 CHAIR, but such substitution shall not extend beyond an adjournment. The VicePresident, or President pro tempore, shall have the right to name a Ilemlber to perform the duties of the... —------.... —. —.- ---—......... —. 23 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 Presiden-t pro tenmpore. When the Senate shall consider a treaty, bill, or resolution, as in Com-,mittee of the Whole, the Vice-President, or President pro tenpzore, may call a member to fill the -....-...- -................ 28 CHAIR to take lup such special order, and it shall be considered unless postponed by a vote of the Senate. When the hour has arrived for the consideration of a special order it shall be the duty of the -....~........... —--- 31 CHAIR3IAN of the Committee of the Whole shall, during the time of remaining in such committee, have the powers of a President pro tentpore. The........ 28 CH-AIRMIANT of each standing committee, the Senate shall proceed by ballot, and a majority of the whole number of votes given shall be necessary to a choice. In the appointment of the..1... —-. —. —-------- ---—... —-- 35 CHARACTER or qualification of any person nominated by the President to office shall be kept secret. All information or remarks touching or concerning the........ 40 CLAIuIS in appropriation bills. Restrictions upon amendments providing for private. 30 CLAIMrS to consist of five members. A standing committee on ---------------.. —-. 34 CLAIMS reported against and rejected. Restriction on the presentation of............ 49 CLAIM is presented to the Senate and referred to a committee, and the committee report that the claim ought not to be allowed, alcd the report be adopted by the Senate, it shall not be in order to move to take the papers froml the files for the purpose of referring them at subsequent sessions, unless the claimants shall present a memorial for that purpose, stating in what manner the committee have erred in their report, or that new evidence has been discovered since the report, and setting forth the new evidence in the memorial: Provided, That this rulle shall not extend to any case where an adverse report, not in writing, shall have been made prior to January 25, 1842. Whenever a.. —-----------—. —----------—. 49 COnMMERCE, to consist of seven members. A standing committee on.................. 34 CONMMITTrES of the Senate. Appointment of, (see Standing Conrnmittees-see eulle).... 34 COMMITTEES. (See Beports of.) COMImITTEES, (except the chairman of standing committees, who shall be appointed by a majority,) a plsrality of votes shall make a choice. In the appointment by bal. lot of all of the.....................3......................................... 35 INDEX TO STANDING RULES OF SENATE. 257 No. COMMIATTEE shall first be put. When motions are made for reference of the same subject to a select committee, and to a standing committee, the question on reference to the standing -- -- ----- ----------.... — 36 COMMITTEE, any other subject or matter of a similar nature may, on motion, be referred to such committee. When any subject or matter shall have been referred to a... 35 COIMITTED or amended until twice read, after which it may be referred to a committee. No bill shall be ------—............... —--......... —---.................. 27 COMMIITTEE to be printed after first reading. All bills reported by a....-........... 25 COMMITTEES to be called for in morning business after petitions, &c. Reports of standing.......................................................................... 24 COMMIT, or to amend, &c., &c. When a question is under debate, no motion shall be received but to adjourn, or to.-......... —- ---—. 11 COALAIITTEE have erred in their report, or that new evidence has been discovered. Not in order to move to refer a claim which has been reported upon adversely and rejected, unless it can be shown that the.-.....-....... —- - -. —-—. 49 COnmsITTEES shall lie on the table one day for consideration. All reports of............ 26 COMLMIITrTEE of the Senate may be received to a general appropriation bill. An amendment moved by a standing or select.-.-.................... —.. 30 COMMIITTEE of the Whole, before being considered in the Senate, unless otherwise ordered. All bills on a second reading shall first be considered by the Senate as a. 28 COMMITTEE of the Whole, the Vice-President, or President pro tem., may call a memher to fill the chair during the time it shall remain in Committee of the Whole, and the chairman so called shall, during such time, have the powers of a President pro ternpore. When the Senate shall consider a treaty, bill, or resolution, as in-............................................. 28 COMBITTEE of the Whole. Should a bill on third reading be committed and reported with an amendment, it shall again be read a second time and considered in --—. 29 COMMIrrTTE of the Whole. The second reading of a treaty shall be for consideration on a subsequent day in.......................................................... COMMITTEE of the Whole to be entered on the journal, but every vote of the Senate shall be entered on the journal. The proceedings of the Senate when not acting as in... —---------— _ —--- ------------------- ------------------- -------------- - 33 COMMITMENT. It shall always be in order, before the final passage of any bill, &c., &c., to move its.. —---......... —-.... —-------------- ----------------------------- 29 COMMITTMENT take place, and the committee report an amendment, the bill, &c., shall again be read a second time, &c. And should such.............................. 29 COMMUhNICATIONS from the President to be kept secret, &c. Confidential.-...... 39 CONCUiR in a resolution to suspend the 16th and 17th joint rules shall always be in order, immediately considered, and decided without debate. A motion to....... 53 CONFIDENT'rIAL business, &c., the President shall direct the gallery to be cleared. On a motion made and seconded to shut the doors on the discussion of.............. 18 CON]IDENTIAL or executive business, the Senate shall be cleared of all persons except the Secretary, the principal or executive clerk, the sergeant-at-arms, and doorkeeper and the assistant doorkeeper. When acting on...-...................... 41 CONFIDENTIAL communications made by the President of the United States to the Senate shall be by the members thereof kept secret; and all treaties which may be laid before the Senate shall also be kept secret until the Senate shall, by their resolution, take off the injunction of secrecy. A11.....l......................... 39 CONFIDENCE of the Senate. Penalty of an officer or member for violating the........ 50 CONFIDENTIAL legislative proceedings of the Senate shall be kept in separate and distinct books. The legislative proceedings, the executive proceedings, and the... 42 17 258 INDEX- TO STANDING RULES OF SENATE. No. CONSENT. Bills may be read more than once on the same day by unanimous.-.... 26 CONSENT. Nominations may be considered the same day, when received by unanimous........................................ 37 CONSIDERATION, and also reports of committees. All resolutions (not joint) shall lie on the table one day for -------------—..... ——............... 26 CONSIDERATION of a special order, it shall be the duty of the Chair to take it up. When the time has arrived for the.............................................. 31 CONSIDERATION, they shall take precedence according to the order of time at which they were severally assigned. When two or more subjects shall have been specially assigned for.....: -------.................................................... 31 CONSIDERATION. When nominations shall be made in writing bythe President of the United States to the Senate, a future day shall be assigned, unless the Senate unanimously direct otherwise, for taking them into.-........................... 37 CONSIDERATION in Committee of the Whole and on a subsequent day. The second reading of a treaty shall be for.................................................. 38 CONSIDERATION, the concurrence of two-thirds, &c., shall not be requisite, except on the final question. When an amendment to the Constitution is under ---—. —. 44 CONSIDERED in Committee of the Whole, unless otherwise ordered. All bills on second reading shall be................................................... 28 CONSIDERED aS in Committee of the Whole. Should a bill on third reading be committed, as an amendment reported, it shall be again read a second time and... 29 CONSIDERED, and decided without debate. A motion to suspend the 16th-and 17th joint rules shall always be in order, immediately.. —............. 53 CONSTITUTION same as on bills, &c. Proceedings on amendments to the.....-.. 26 CONSTITUTIONAL amendments shall be, " Whether it shall be engrossed and read a third time." The final question on the second reading of any -........... 29 CONSTITUTION is under consideration, the concurrence of two-thirds of the members present shall not be requisite to decideany question for amendments, or extending to the merits, being shortof the final question. When an amendment to be proposed to the --—.............. --------- - -. 44 CONTLNGENT fund, if excused by the Senate. The expenses of sending for absent senators shall be paid out of the....................................... - - - - -. 8 CONTINGENT or any other fund shall be treated as bills, &c. All resolutions, &c., granting money out of the -............. —--------.-....................... 26 CONTLNGENT fund of the Senate, or creating a charge on the same. The standing Committee to Audit and Control the Contingent Expenses of the Senate, to consist of three members, to whom shall be referred all resolutions directing the payment of money out of the -.. -.......... —------------------------- 34 CONTINUATION Of the legislative business of the Senate from session to session of a Congress........................... —------------- -----—.... —.............. —------------------ 52 CONVENED by the President of the United States to any other place, the President of the Senate and senators shall attend at the place appointed, &c. When the Senate shall be.... —.... —----,. —--------------........... -------- ---------------- 37 CONVENTIONS lawfully called of the States, not referred to the Committee on Printing. Motions to print documents from legislatures or...........34...............34 CONVERSATION between members not allowed to interrupt the business of the Senate.. 2 CORRECTED. The journal read at commencement of each day's session, to the end that mistakes maybe...............-....... —-..............-.. —- ----- ------ 1 COURT of Claims. Whenever a private bill is under consideration, it shall be in order to move as a substitute for it a resolution of the Senate referring the case to the.. 29 INDEX- TO, STANDING RULES OF SENATE. 259 D. No. DEBATE shall not be interrupted by talking, reading newspapers, &c.............:... 2 DEBATE. NO In member shall interrupt another when speaking in.-2-........- -. - DEBATE shall stand in his place and address the Chair, and when finished shall sit down. Every member speaking in.............................................. 3 DEBATE, on same day, without leave of Senate. No member shall speak more than twice in any one ---- ----- -4 - - * —- -- -------------- 4 DEBATE shall speak first. The member first rising in —-.. —------------—. —. —-. 5 DEBATE, subject to an appeal to the Senate. Questions of order decided by the President without.-..-.. —.....- - -.. --—. —........ 6 DEBATE, they shall be taken down in writing, that the President may judge. When exceptionable words are spoken in —----- -- ------ -- 7 DEBATE contains several points, it may be divided, &c. If a question in ---------—. 12 DEBATE at a third reading, unless by unanimous consent. No amendment received for discussion or. ——. —--------. ---------------...-.-. —--------- ----—.29 DEBATE. When the yeas and nays are called, each member shall answer without... 16 DEBATE on the merits of the question on a motion to take up a subject not allowed.. DEBATE shall transgress the rules he shall be called to order. If any member in. 6 DEBATE no motion shall be received but to adjourn, &c., &c. When a question is under —... —......................... —-------------------—........... —- -. 11 DEBATE. A motion for adjournment shall always be in order, and shall be determined without. —.. —-—; —------ -----------—. —-------------------------------- 11 DEBATE. When the reading of a paper is called for and objected to, it shall be determined by a vote of the Senate and without. —........ —--... —-—. 14 DEBATE. A motion to suspend the 16th andl17th joint rules always in order, immediately considered, and decided without. 53 DEBATE on business requiring: secrecy, the doors shall be shut. On a. —-—.... 18 DEBATED until seconded. No motion shall be. —-. —---—. ——... —--------—. —-. 9 DEBATED. ]kMotions seconded, reduced to writing if desired, delivered in at table, and read before being —................. —-... ---- -.. —-. —-.. —-. — 10 DECISION. Any motion may be withdrawn before a.-........................... —-. 10 DECISION is announced from the Chair, no member shall be permitted to vote. When the -----------------------------------—..17 DECISION of the President. When the Senate, are equally divided, the Secretary shall take the. ---- ----—. —-.. —. —-... —-—. —-... —-—.... —---- 21 DEPARTMENT may be received to a general appropriation bill. An amendment in pursuance of an estimate from the head of some executive -. --..-.......... 3C DEPARTIMENTS to be referred to the Committee on Printing. Motions to print documents from the executive-........... 34 DISTRICT of Columbia, to consist of seven members. A standing Committee on the. 34 DIscUSSIoN. (See Debate.) DIVIDED. A question containing several points may be.-................................ 12 DI)IDED, &c. A motion to strike out and insert shall not be -.... —--------- 12 DIVIDED, the Secretary shall take the decision of the President. When the Senate are equally —-----..................... --—. 21 DOCUMENT shall be printed for the Senate without special order, except a bill reported by a committee. No paper or -----— 25 DOCUMENTS, reports, &c., the printing of which shall be moved, shall be referred to the Committee on Printing, (with exceptions as stated inrule.) (See Rule.) All. 34 Doons, on discussion of business requiring secrecy in the opinion of a member, the President shall order the gallery to be cleared, and the doors shall remain shut during the discussion. On a motion made and seconded to shut the.............. 18 260 INDEX TO STANDING RULES OF SENATE. No. DooRns of the Senate to present a petition, &c. No motion in order to admit any person within the........ —- - —..-.-.. -1.9... — - - - --- - - - -.- - -..-.- - -- - Doons of the Senate chamber. Description of persons (and none others) who shall be admitted on the floor of or within the.. -47 DIIAWINGS ordered to be printed shall be directed and procured by the Committee on Printing. Maps and............................................................ 34 E. ENGROSSED and read a third time." The final question on the second reading of every bill, &c., shall be "Whether it shall be..-...-..- -—...... 29 ENGROSSED Bills, to consist of three members, whose duty it shall be to examine all bills, amendments, resolutions, or motions, before they go out of the possession of the Senate; and shall deliver the same to the Secretary of the Senate, who shall enter upon the journal that the same have been correctly engrossed. A standing Committee on..-.............................. 34 ENROLLED Bills, to consist of three members. A standing Committee on.-..... 34 EQUALLY divided, the Secretary shall take the decision of the President. When the Senate are —.. —---------.... — -—......... —-----—................. 21 ERnoRS or mistakes may be corrected. Journal read daily, to end that any.-...- - 1 ESTIMATE from the head of a department may be received to a general appropriation bill. An amendment in pursuance of an.-.. —------------ - -.... —.. 30 ESTLVIATE of the probable cost. Reports from the Committee on Printing in favor of printing additional numbers of any document shall be accompanied by an........ 34 EXAMIrED by the committee of the Senate on. Engrossed bills of the Senate -.... 34 EXCEPTIONABLE words used by a senator, if called to order, shall be taken down in writing. —-------—.................................................. 7 —------ ExcusE for non-attendance to be made by members sent for, or they shall pay the expenses......................... —......... —---------- ------------------------—.................. 8 ExcusED from voting. For special reason a member may be --—..................- -...... 16 EXEcUTrVE departments, to be referred to the Committee on Printing. Motions to print documents fronm. —-. —-...... —. -- -------- -------...................... 34 EXECUTIVE business to be decided without debate. Motion to proceed to the consideration of. —-- -—... —-1. —-—.... -—... —---- -. 11 EXECUTIVE business, the President shall direct the gallery to be cleared, and during the discussion of such motion the doors shall remain shut. On a motion made and seconded to shut the doors on the discussion of any business which may, in the opinion of a member, require secrecy, or on confidential or....-.- 18 EXECUTIVE business. Action of the Senate on nominations and.-........ 37 EXECUTIVE business. Action of the Senate on treaties and-.......................... 38 EXECUTIVE business. Secrecy enjoined on confidential and.......................... 39 EXECUTIVE business.. Secrecy enjoined respecting information or remarks relative to the character, &c., of persons nominated by the President, being ---—. 40 EXECUTIVE business, the Senate shall be cleared of all persons, except the Secretary of the Senate, the principal or the executive clerk, the sergeant-at-arms, and doorkeeper and assistant doorkeeper. When acting on confidential or-. —- 41 EEXECUTIVE clerk admitted in secret session -.... —---------------------------—. 41 EXECUTIVE proceedings, and the confidential legislative proceedings shall be kept in separate and distinct books. The legislative proceedings, the.. 42 EXECUTIVE records of the Senate, but no further extracts from the executive journal shall be furnished except by special order. The President of the United States shall, from time to time, be furnished with an authenticated transcript of the.... 43 EXPULsION of a member for violating the confidence of the Senate. -............ 50 INDEX TO STANDING RULES OF SENATE. 261 No. EXTRACT from the executive journal shall be furnished except by special order. The President shall, from time to time, be furnished with an authenticated transcript of the executive records of the Senate, and all nominations approved or definitely acted on by the Senate, shall be returned by the Secretary on the next day after such proceedings may occur, but no further...................................... 43 F. FILES for the purpose of referring them at a subsequent session, unless error in report or new evidence be produced. Not in order to move to take the papers of a rejected claim from the. —. —- ----- - —................................ 49 FILLNG up blanks, the largest sum and longest time shall first be put. In........... 13 FINANCE, to consist of seven members. A standing Committee on ------..... —-. 34 FLOOR of the Senate. Description of persons (and none others) who shall be admitted on the........................... —-... —.-. --—. —-—. ——.. ---—. —-----—.... - 47 FOREIGN Relations, to consist of seven members. A standing Committee on.......... 34 G. GALLERY to be cleared. On a motion made and seconded to shut the doors, the President shall order the............................... —---------—... 18 GENERAL orders. Special orders to take the precedent of........................... 31 GRAN'T money out of the contingent or any other fund shall be treated as bills. All resolutions, &c., which may. -- ------.... — -—..... 26 U1. Hounr has arrived for the consideration of a special order, it shall1 be the duty of the Chair to take it up, &c. When the ----—........................... —--------------------- 13.HOUSE, the names taken alphabetically. UIpon a call of the.......................... 16 House of Representatives by the Secretary, who shall previously indorse the final determination of the Senate thereon. M[essages shall be sent to the....-..... 45 INi)AN- iAfiairs, to consist of seven members. A standing Committee on............. 34 INDIAN TIIBEs, treaties with, to be considered in open session, unless transmitted by the President in confidence................................................... 39 INFORMATION or remarks concerning the character or qualifications of persons nominated to be kept secret.......................................................... 40 INJUNCTION of secrecy. All confidential communications and treaties shall be kept secret until the Senate shall, by their resolution, take off the.................... 39 INSERT shall not be divided. A motion to strike out and.............................. 12 INSERT. (See Strike Out.) Motion to strike out and.............................. 12 J. JOIST rules always in order, be immediately considered, and be decided without debate. A motion to suspend the sixteenth and seventeenth............................. 53 JOINT resolutions the same as on bills. Action on. (See Bills.) JOURNAL of the preceding day shall be read, to the end that any mistake may be corrected. The President having taken the chair, and a quorum being present, the.. 1 JOURNAL Or papers are being read no interruption to be made. While the............ 2 JOURNAL is read. Morning business after the -...................... 24 JOURNALS. The titles of bills and parts affected by amendments to be inserted on the. 32 2-62 INDEX TO: STANDING RULES OF SENATE. No. JOURNAL as concisely as possible, care being taken to detail atrue and accurate account of the proceedings; but every vote of the Senate shall be entered on the journal, and a brief statement of the contents of each petition, memorial, or paper presented to the Senate, shall also be inserted on the journal. The proceedings of the Senate, when not acting as a Committee of the Whole, shall be entered on the.... 33 JOURNAL. Engrossed bills examined by the committee shall be entered by the Secretary of the Senate as correctly engrossed upon the................................ 34 JOURNALS. The legislative proceedings, the executive proceedings, and the confidential legislative proceedings of the Senate, shall be kept in separate and distinct books or.-................................-...........................-.. 42 JOURNAL of the Senate; but no further extract from the executive journal shall be furnished except by special order. The President of the United States shall, from time to time, be furnished with an authenticated transcript of the executive records or.: -'...... —-- 43 JUDICIARY, to consist of seven-members. A standing Committee on the.............. 34 LARGEST sum and longest time first put. In filling up the blanks the................ 13 LEAVE of the Senate. No member shall speak more than twice in any one debate, on the same day, without ------------ 4 LEAVE of the Senate. A member called to order when speaking, for transgressing the rules, cannot proceed without. - -...-. —------- 6 LEAVE of absence first obtained. lNo member shall absent himself from service of Senate without.-................................ 8 LEAVE of the Senate required to withdraw a motion to reconsider. -............ 10 LEAVE to bring in a bill. One day's notice required for -............. 25 LEGISLATIVE business to be continued from session to session of a Congress -------—. 52 LEGISLATIVE proceedings, the executive proceedings, and the confidential legislative proceedings of the Senate, shall be kept in separate and distinct books. The... 42 LEGISLATURE S or conventions lawfully called of the States, not referred to the Committee on Printing. Motions to print documents from the-. 34 LIE on the table, &c., &c., &c. When a question is under debate no motion shall be received but to - -- - ---- ------------------- - -- 11 LnIE on the table one day for consideration. All resolutions and reports of committee shall.-................. 6 LONGEST time first put. In filling up blanks the largest sum and.-.............. 13 l11. MAJORITY of members present, may send for absent members. Less than a quorum, but a ------ ------ 8 MAJORITY may move a reconsideration. A member of the. -20 MAJORITY of the whole number of votes. given necessary to the appointment of a chairman of a standing committee. A ----- - —. 35 MAJORITY of votes. When two-thirds are requsite to carry the affirmative, any member who votes on that side which prevailed in the question may move for a reconsideration, which shall be decided by a.-....-.......... 20 MANUFACTURrES, to consist of five members. A standing Committee on. —..... 34 MAPS and drawings ordered to be printed shall be directed and obtained by the Committee on Printing-.. 34 MEETINGS of the Senate. Opening or commencement of daily.-....... —--- 1 MEETING of the Senate at the commencement or during any session, absent members may be sent for, &c. In case a less number than a quorum attend at the time to which the Senate stood adjourned, or at a................................ INDEX TO STANDING RULES OF SENATE. 263 No. MEMBER shall speak to another or otherwise interrupt the business of the Senate. or read any newspaper while the journals are being read, or when any member is speaking in debate. No -...... —---------- 2 MIE urER rising to speak shall address the Chair, stand at his place, and sit down when finished. Every.-.............................. 3 MEMBER shall speak more than twice in any one debate, on the same day, without leave of therSenate. No -— 4 —--—. --- -- ---------- -. —----- 4 MEMBEnRS rise to speak the President shall name the one to speak first; but in all cases the member rising and addressing the Chair first shall speak first. When two.. 5 MEMBER may call another to order who shall transgress the rules. Any -........... 6 MEMBE R called to order for transgressing the rules shall sit down and not proceed without leave. Any -... —--- -—. —-----—. —-------------—.- 6 MEMBERI called to order by a Senator shall be taken down in writing, to enable the President to judge. The exceptionable words of a -.7 MEMImER shall absent himself from the service of the Senate without leave of the Senate first obtained, &c. No -. —-----—. —----—. —-—. ——.. —... 8 MEMBERS present may send for absent members. Less than a quorum, but a majority of the.-..8.......-...8.... — - - - - - - - --....... 8 MEMmERS. The Sergeant-at-arms, or authorized person, may be sent for absent.-.. 8 MEMBER. A motion seconded shall be reduced to writing, if desired by a-.......... 10 MEMBER may have a question containing several points divided. A.................. 2 MErMBER, it shall be determined by a vote of the Senate without debate. When the reading of a paper is called for, and objected to by a. -'...... 14 MEMBERS present may call for the yeas and nays --- -- --- —. 16 MEmsBERs to be taken alphabetically. In taking yeas and nays, or on a call of the House, the names of the ----—.......................... —--- -.. —-- ------—.. 16 MEMBER shall answer without debate unless, for special reason, he be excused. When the yeas and nays are called, each................................................ 16 MEMBER permitted to vote after decision is announced from the Chair. When a question is taken by yeas and nays no.-..................................... 17 MIEWMBER, require secrecy, the doors shall, on his motion, when seconded, be shut. On the discussion of business which may, in the opinion of a. —----------—.. —. 18 MEMBER of the majority may move a reconsideration. A -........................... — —. 20 ME MBERS shall signify their assent or dissent by answering aye or no. The President of the Senate shall put every question, either in presence or absence of the President of the United States, and the. —------------------.... —-.- —..... —---- 22 MEMBER to the Chair, not to extend beyond an adjournment. The appointment by the President of a.-.........-..................... 23 MEMBER, before presenting a petition, &c., to make a brief verbal statement of its contents. A.................................................................... 24 MEMBER shall object at the time to the reference of a petition as matter of course, then the question on reference to be taken. When a. —.......................... —---- 24 MEIMBER to fill the chair while the Senate is in Committee of the Whole.; The VicePresident or President pro tempore may call a. -- -. 28 MEImBERS present. On the third reading of any bill, &c., no amendment shall be received unless by the unanimous consent of the. —................................ 29 MEMBERS shall attend at the place appointed. When the Senate shall be convened by the President of the United States to any other place, the President of the Senate and.............................................................................. 37 MEMBERI shall be free to move an amendment to a treaty on its second reading, &c. Every.3............................................................. 38 MEMIBERS present shall be requisiteto decide a question affirmatively. In proceedings upon treaties two-thirds of the.......... 38 26 - INDEX TO STANDING RULES OF SENATE. No. IMEMBE R shall again be free to move amendments, &c. When the proceedings on a treaty shall be reduced to the form of a ratification, every.-...................... 38 mi _Ern s thereof, be kept secret until the Senate shall, by their resolution, take off the injunction of secrecy. All confidential communications and treaties laid before the Senate by the President shall, by the.-................ —--------- 39 MmElrIs present shall not be requisite to decide any question for amendments, or extending to the merits, being short of the final question. When all amendment to be proposed to the Constitution is under consideration, the concurrence of twothirds of the -.. —.- -----...... —.-. —. —----------------------------------- 44 Maaml3ru t who votes on that side which prevailed may move for a reconsideration, which shall be decided by a majority of votes. When two-thirds are requisite, any:.. 20 MEMBr13rS of'the Senate shall be allowed on the floor of the Senate during a session, except those specified in this rule. No persons but -......... —.. -------—. 47 MEMBER of the Senate convicted of disclosing for publication any written or printed matter directed by the Senate to be held in confidence, shall be liable, if anll officer, to dismissal from the service of the Senate, and in the case of a member, to suffer expulsion from the body. Any officer or.. —-----—.. —-—........ —-.. 50.MIEMORIAL, or address, or hear any such read. No motion shall be in order to admit any person within the doors of the Senate chamber to read a petition.-.......... 19 MIEIORIRAIL or petition shall be presented, and before being received and read at the table, a brief statement of its contents shall be verbally made. At the time when a.-... —---—.. —....... —........ —-—.............. 24 MEMORIAL, or paper, shall be inserted on the journal. A brief statement of the contents of each petition.-............ — - - -. 33 EMORIoAL, stating how the committee have erred, or that new evidence has been discovered, &c. Not in order to take papers of a rejected claim from the files for reference, unless the claimant shall present a................................... 40 ~MEMORIALS, &c. (See Petitions.) MESSAGES shall be sent to the House of IRepresentatives by the Secretary, who shall previously indorse the final determination of the Senate thereon............- -. 45 MssENxGERS are introduced at any stage of business, except while a question is being put, while the yeas and nays are being called, or while the ballots are being counted...... —-..... — 46 MILITARY Affairs and the Militia, to consist of seven members. A standing Colmmittee on. ——... —-. —-------—. —-- --------------------------------------—....................................................................... 34 MINES and Mining, to consist of seven members. A standing Committee on -------—. 34 MLNUTES of the Senate. When the Senate shall be convened by the President in any other place, the Secretary of the Senate shall also attend to take the.-. —------- 37 MISTAKE may be corrected. Journal to be read, to the end that any -............. 1 MIoxy pout of the contingent or any other fund shall be treated as bills. All resolu.. tions, &c., which may grant ----------....... —-----------------------—. 26 MORNING business. Business at the commencement of the session, or..-............ 1 MORNING business after the journal is read. Order of the.......................... 24 MOTION shall be debated until seconded. No - - —........................................ 9 MOTION made and seconded shall be -written, if desired, delivered in at the table, and read before d ebated. A —......................................................... 10 MOTION may be withdrawn before decision, amendment, or ordering of yeas and nays, except a motion to reconsider, which shall not be withdrawn without leave. A.. 10 MOTION shall be received but to-1, adjoulrn; 2, to lie on the table; 3, to postpone indefinitely; 4, to postpone to a day certain; 5, to commit; or, 6, to amend, in the order here stated. When a question is ulider debate no.-..............11 MOTIOTN for adjournment shall always be in order, and shall be decided without debate. A...................................................................... 1 INDEX TO STANDING RULES OF SENATE. 265 No. MOTION to strike out and insert shall not be divided. A........................... 12 MOTION to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor a motion simply to strike out; nor shall the rejection of a motion to strike out prevent a motion to strike out and insert. A -.. —-----.... —-—..........-. —-—...... —-.... 12 MOTION in filling blanks is for largest stum and longest time. The privileged..-... 13 MOTION rmade and seconded to shut the doors, &c., the President shall direct the gallery to be cleared. On a -—.. —....-......................................... 18 MOTION not in order to admit any person in Senate to present any petition, melnorial, or address, or to hear any such read. A -............................ —- - 19 MOTION for reconsideration may be made by one of a majority before subject has gone out of possession of Senate, if made same'day or within two next days of actual session therehfter. A..-.................... —---------------—. 20 MOTION for reconsideration not in order after subject has gone out of possession of the Senate, except a resolution confirming or rejecting a nomination, nor after two days of actual session from tile of vote. A................................ 20 MOTION to reconsider a nomination, where the resolution confirming or rejecting it has been sent to the President, shall always be accompanied by a motion requesting the President to return the same to the Senate. A.....-..............-... 20 MOTION for leave to bring in a bill. One day's notice at least shall be given of a. 25 MOTION to suspend, or to concur in a resolution of the House of Representatives to suspenld, the 16th and 17th joint rules, or either of them, shall always be in order, be immediately considered, and be decided without debate. A........... 53 ~MOTION requiring three readings previous to being passed shall be "Whether it shall be engrossed and read a third time?" The final question on any........ 29 M1OTIONS to print certain documents, referred to the Committee on Printing. 34 MOTIONS to print other documents and bills, not referred to the Committee on Printing... —-—. —------—. —----------- --------------- -— 34 MOTIONS to print additional docmments, referred to the Committee on Printing.. —-- 34 MOTIONS to print by order of standing committees, not referred to the Committee on Printing.. —-—. —. ——.-. ——. —-. —. —.. 34 MOTION, be referred to such committee. When any subject or matter shall have been referred to a committee, any other subject or matter of a similar nature may, on.. 35 MIOTIONS are made for reference of the same subject to a select committee, and to a standing committee, the question on reference to the standing committee shall first be put. When.................... 36 MOTION to reject, ratify, or modify a treaty on the first reading shall be received. No.....; —---—.. —------------------- 38 MOTION for reconsideration, and it shall be decided by a majority of votes. When a question is decided by two-thirds, any member on the side that prevailed may m ake a.......................................................................... 20 N. NAYS. (See Yeas and Nays.) NAVAL Affairs, to consist of seven members. A standing Committee on.-........... 34 NEWSPAPER, &c., while the journal is being read, or a melmber is speaking. No member shall read any........................-.. ——. —-—. 2 N'OMINATIONS confirmed or rejected may be reconsidered after the resolution announcing the decision of the Senate has been sent to the President; but all motions to reconsider such nominations must be accompanied by a motion requesting the President to return the same to the Senate..................................... 20 266 INDEX TO STANDING RULES OF SENATE. No. NOMINATIONS shall be made in writing by the President of the Jrnited States to the Senate, a future day shall be assigned, unless the Senate -unanimously direct otherwise, for taking them into consideration. When. —-—.. —-------—. —--- 37 NOMINATIONS neither approved nor rejected during, the session at twhich they are made, shall not et be acted upon at any succeeding session without being again made by the President.-..-. —...... —----- - - - -. - -. -.- - - - - - - - 37 NOOILNATED by the President to office shall be kept secret. All information or remarks touching or concerning the character or qualifications of any person.. 37 NOMIINATIONS approved or definitely acted on by the Senate shall be returned to the President.by the Secretary on the next day after such proceedings may occur, unless otherwise tordered-. —..-. ——. —--.- 43 NOTICE, at least, shall be given of an intended motion for leave to bring in a bill, &c. One day's. -.. —-.. —-—. — ----------------------------------------- 25 NOTICE at each reading of a bill or joint resolution, &c. The President shall give.. 26 0. OATII or affirmation prescribed by act of July 2, 1862, to be taken and subscribed by every Senator, and by the Secretary, in open Senate, before entering upon their duties -----.. ——.. —---.. —. —. —--—. —. —--. —--------------------------- 51 OBJECTEDI) to by a member at the time, the question on reference to be taken. When the reference of a petition, &c., as a matter of course, is -.... —----------------- 24 OBJECTION is made to reading a paper, it shall be determined by a vote of the Senate, and without debate. When -.. —----—.. 14 OFFICER or member of the Senate convicted of disclosing for publication any written or printed matter directed by the Senate to be held in confidence, shall be liable, if an officer, to dismissal from the service of the Senate, and in the case of a member, to suffer expulsion from the body. Any- --.................. 50 ORiDER shall not be interrupted by talking or reading newspapers, &c.............. ORDER shall be decided by the President, without debate, subject to an appeal to the Senate. Every question of....................-........... —-—............... 6 ORDER. The Chair may call for the sense of the Senate on any question of..-....... 6 OIRDER for transgressing the rules. The Chair shall; or a member may, call another to............................................................................... 6 ORDER shall sit down and not proceed without leave of the Senate. A member called to ------------ --... —-- -- ------— 6 ORDER by a Senator shall be taken down in writing to enable the President to judge. The exceptionable words of a member called to. —-....... 7 ORDER, and decided without debate. A. motion for adjournment shall always be in.. 11 ORDER to move for a division of the question. On motion to strike out and insert, it shall not be in.. ——.. —-—... -------------—.. —-.. —-—. 12 ORDER to admit any person in Senate to present a petition, &c. No motion in...... 19 OiRDER for a member of the majority to move a reconsideration, &c., within two days of actual session, if the matter is still in possession of the Senate. It is in...... 20 ORDER to move the reconsideration of a subject which has gone out of possession of the Senate, or when two next days of actual session shall have elapsed. It is not in.. 20 ORDERt to move the commitment of a bill, &c., before its final passage. It shall always be in. —..-. —.. —... —-—.. —----- ---—.. —---- -—..29 ORDER to move, as a substitute for it, a resolution of the Senate referring the case to the Court of Claims. Whenever a private bill is lulder consideration, it shall be in.............................................. 29 ORDER, &c. A motion to suspend the 16th and 17th joint rules always in............ 53 ORDER to move to take the papers of rejected claims from the files for the purpose of reference, without error in report or new evidence being produced. Not in..... 4 INDEX TO STANDING RULES OF SENATE. 267 No. ORDERS of the day. The unfinished business at preceding adjournment shall have preference in the special...-.. — -----—.. —-—.. —-............ 15 ORDER of special orders assigned, regulated, and fixed, and given precedence over general orders. The. —---- ----------- ----—......... 31 ORDER, special, not to be made without the concurrence of two-thirds present......- 31 ORDER of the Senate for that purpose. No paper, except original treaties, &c., shall be returned or delivered from the office of the Secretary without an...-.... —-- 4i: ORDER. An authenticated transcript of the executive records of the Senate shall be furnished, from time to time, to the President of the United States, but no further extract of the executive journal shall be furnished except by special............ 43 ORDERED. All bills on second reading shall be considered in Committee of the Whole before being considered in the Senate, unless otherwise..................28 P. PACIFIC Railroad, to consist of nine members. A standing Committee on............ 34 PAPERS are being read no interruption to be made. While public-.................. 2 PAPER is called for and objected to, it will be decided by a vote of the Senate, and without debate. When the reading of a........................................ 14 PAPER or document shall be printed for the use of the Senate without special order, &c. o..-... —... —--—.. ——.. —- --... 25 PAPER, except original treaties, &c., shall be returned or delivered from the office of the Secretary without an order of the Senate for that purpose. No.-.. 43 PAPERS of a rejected claim from the files for the purpose of referring them at a subsequent session, unless error in report or new evidence be produced. Not in order to move to take........ - - - - - - -- - - - - -- - - - - - -- -- - - - - - - - - - - - - 49 PASSAGE of a bill, &c., to move its commitment, &c. It shall always be in order before the final-.............................. —-----— 29 PASSAGES as are or may be set apart for the use of the Senate and its officers. The Presiding Officer of the Senate shall have the regulation of such parts of the Capitol and of its.. —---------------—........ —-- --—. —-... —-------- -- 48 PASSED, &C. Every bill and joint resolution shall receive three readings previous to being.-.. —....................... —-..... ---— 26 PATENTS and the Patent Office, to consist of five members. A standing Commnittee on................. —. —-. —-. —-—. 34 PENALTY of an officer or member for violating the confidence of the Senate -------—. 50 PENSIONS, to consist of seven members. A standing Committee on-.....-. 34 PERSON or persons within doors of Senate to present any petition, memorial, or address, or to hear any such read. No motion in order to admit any -.. — 1~ PERSON nominated to office by the President shall be kept secret. All information or remarks touching or concerning the character or qualification of any ------—. 40 PERsoNs, except as stated -in the rule. When acting on confidential or executive business, the Senate shall be cleared of all.. —------------—.. ——. —-....-.. 41 PERSONS (and none others) who shall be admitted on the floor of the Senate. Description of...... —-—.... —--------—......... —-—........ -—.. —....... ——. 47 PriTITION, memorial,? or address, or hear any such read. No motion in order to admit any person in the Senate chamber to present a.................................. 19 PETITIONS, memorials, or papers, first called for in morning business, a brief statement of their contents to be made before reception, &c., and referred, of course, unless objected to, andthen question taken -..........................................- 24 PETITION, memorial, or paper presented to the Senate shall be inserted on the jourmnal. A brief statement of the contents of each................................ 3X PLURATITY. of votes sufficient for the appointment of all other committees than the chairman of standing committees for whose appointment a majority is necessary.. 31 268 INDEX TO STANDING RULES OF SENATE. No. POINTS may be divided. A question containing several.-......,......... ----- 12 POSITION on the calendar according to the order of time for which and at -which they were assigned, and not to lose their position on account of intervening'adjournments, &c. Special orders to have -.. —-,. —--—. —.. —----—. —-. —----- 31 POST Offices and Post Roads, to consist of seven members. A standing Committee on.,,............................................. —................................ 4 POSTPONE indefinitely, to a day certain, &c., &c. (See Rslde.) When a question is under debate, no motion shall be received but to -,,......... -.......... — -- 11 POSTPONE to a day certain, &o. (See Rule.) When a question is under debate, no motion shall be received but to-.-,..i... i,,,,-,,,..,,,,,...... 11 POSTPONED by direction of the Senate. Special orders to have precedence over getneral orders, unless.. —-—. —---—... —-—. —-—.. —----- —.. —-------—.-.. —. 31 POWERS of, a President pro temnpore, &c. The chairman of a Committee of the Whole to have the. - --- -,,, ---,,,.. 238 PRECEDENCE of motions admissable, when a question is lnder debate, viz: 1, to adjourn; 2, to lie on the table; 3, to postpone indefinitely; 4, to postpone to a day certain; 5, to commit; or, 6, to anmend -.i...... —-- -.-....... -....... —--- 11 PRECEDENENCE of special orders according to the order of time for which they were assigned, and at which they were assigned, and over general orders, &c. (See le)... —-.. —-. —... —------ --—.. —. —--------- -- -------—....... 31 PREFERENCIE in the special orders, &c. The unfinished business shall have tle -- —. 15 PRESIDENT of the Senate having taken the chair, and a qulorumn being present, the business proceeds. ~he -.......-........................... 1 PRrESIDENT shall be addressed by every member rising to speak. The --....... 3 PRESIDENT shall name the person to speak; but in all cases the member rising and addressing the Chair first shall speak first. When two members rise at the same time the. —-------—.. —....,. —, —, —---—.. ——. —--------—. —-. —------- 5 PRESIDENT shall call any member to order for tra-nsgression of rules. The -......... 6 PRESIDENT without debate, subject to..appeal to Senate. Questions of order shall be decided by the-.. 6 —---------- ---—,,,,, ---—.. 6 PRESIDENT may call for the sense of the Senate on any question of order. The ------ 6 PRESIDENT to judge when a member is called to order for exceptionable words, by their being taken~ down in writing. The -. 7 PRESIDENT. A motion made and seconded shall be reduced to writing if desired by the -,... —-—... —---—..,..,..,..,,..,, —-—. — 10 PRESIDENT, or the Chair, no member shall be permitted to vote.,When a decision is announced by the - ---,,,,,,,,,,,,,, —, — 17 PRESIDENT shall direct the gallery to be cleared, &c. On a motion made and seconded to shut the doors the -.,,, — ----..-. —---—... --- -.. —...... 18 PRESIDENT. When the Senate are equally divided the Secretary shall take the decision of the -... —. —. —................ —. ----- -------- ----—.. 21 PRESIDENT of the Senate shall put all questions in the presence or jLbsence of thle President of the United States. The -—.. —--.... - -....-.'22 PRESIDENT of the Senate prvo temnpore, shall have the right to name a member to perform the duties of the chair, but such substitution shall not extend beyondil an adjournment. The Vice-President of the United States, or the — 2..3........ - 3 PRESIDENT shall make a brief verbal statement of the contents of petitions, &c., presented by him. The. —----...... —-. —. —. 24 tPRESIDENT shall first call for petitions, &e. (See Rulc.) In the morning business the ----—. -—.. —---—........ --------------------— 24 PRESIDENT shall give notice at each reading of a bill or joint resolution whether it be the first, second, or third. The....................................... INDEX TO STANDING RULES OF SENATE. 269 No PRESIDENT pro tempore, may call a member to fill the chair, &8. WVhen the Senate shall consider a treaty, bill, or resolution as in Committee of the Whole, the VicePresident, or......-...................-............. 28 PRESIDENT of the Senate, or the Chair, to take up such special order, and it shall be considered unless postponed by a vote of the Senate. When the hour has arrived for the consideration of a special order, it shall be the duty of the -.-......... 31 PRESIDENT of the Senate shall have a chair on the floor, be considered as the head of the Senate, and his chair shall be assigned to the President of the United States. WVhen the President of the United States shall meet the Senate in the Senate chamber, the.-................................................ 37 PRESIDENT of the Senate and senators shall attend at the place appointed, &c. (See Ruele.) When the Senate shall be convened by the President of the United States to any other place, the. —----------... —. —-. —----- -. —-....... 317 PRESIDING Officer of the Senate shall have the regulation of such parts of the Capitol, and of its passages, as are or may be set apart for the use of the Senate and its officers. The.. —--------......... — ---------- 48 PRESIDENT of the United States. The President of the Senate shall put all questions in the presence or absence of the........ —----....... —-- ---................... 22 PRESIDENT of the United States may be requisite, shall be treated as bills. All resoIlutions, &c., to which the approbation and signature of the.................. 26 PRESIDENT of the United States to the Senate, a future day shall be assigned, unless the Senate unanimously direct otherwise, for taking them into consideration. When nominations shall-be made in writing by the.................. 37 PRESIDENT Of the United States. Nominations neither approved nor rejected during the session at which they are made, shall not be acted upon at any succeeding session without being again made by the................... 37 PRESIDENT of the United States shall meet the Senate in the Se nate chamber, tlie president of the Senate shall have a chair on the floor, be considered the head of the Senate, and his chair shall be assigned to the President of the United States. When the....... —------—.. —. —- ----.. 36 PRESIDENT of the United States to any other place, the President of the Senate and senators shall attend at the place appointed. The Secretary of the Senate shall also attend to take the minutes of the Senate. When the Senate shall be convenecld by the.. — -—.. —-------------—.. —.. —.. -—..... —-.................... 37 PRESIDENT of the United States shall be kept secret. All confidential communications and treaties from the........................................... 39 PRESIDENT of the United States. Doors to be closed and secret session held on motion by a member when desired by the (joint rule)........- -..... 22 PRESIDENT to office shall be kept secret. All information or remarks toLching or concerning the character or qualifications of any person nominated by the -.. 40 PRESIDENT of the United States shall, from time to time, be furnished with an anthenticated transcript of the executive records of the Senate; and all nontinations approved or definitely acted on by the Senate shall, be returned by the Secretary on the next day after such action is had unless otherwise ordered by the Senate; but no further extract from the executive journal shall be furnished, except by special order; and no paper, except original treaties, transmitted by the President of the United States or any executive officer, shall be returned or delivered from the office of the Secretary without an order from the Senate for that purpose. The. —4........ —.. —-—.... —------—.- 43 PRINTED for the use of the Senate. All bills reported by a committee shall, after the first reading, be --.............................-.. 25 PRINTED for the use of the Senate without special order. But no other paper or document (than as above) shall be............................................... 25 270 INDEX TO STANDING RULES OF SENATE No. PRINTING, to consist of three members, to whom shall be referred every question on the printing of documents, reports, or other matter transmitted by either of the executive departments, and all memorials, petitions, accompanying documnents, together with all other matter, the printing of which shall be moved, excepting bills originatitng in Congress, resolutions offered by any Senator, conlmmnzications from the legislcatures or conventions lawfully called of the respective States, and motions to print by order of the standing commenittees of the Senate; motions to print additional number shall likewise be referred to said committee; and when the report shall be in favor of printing additional numbers, it shall be accompanied by an estimate of the probable cost; the said committee shall also supervise and direct the procuring of maps and drawings accompanying documents ordered to be printed. A Committee on. ----—.-. —-----.. —---..- -------—.... —-.. 34 PRINTING shall also supervise and direct the procuring of maps and drawings accompanying documents ordered to be printed. The Standing Committee on.-... 34 PRIVATE bill is under consideration it shall be in order to move, as a substitute for it, a resolution of the Senate referring the case to the Court of Claims. Whenever a -----------------—................................................. — 29 PRIVATE claim, unless it be to carry out the provisions of some existing law or treaty stipulation. No amendment shall be received to any general appropriation bill -whose object is to provide for a -........... — - —. 30 PRIVATE Land Claims, to consist of five members. A standing Committee on -.... 34 PRIVILEGED motions, when a question is under debate, and the order of their precedence --------------—.. —--—.. —-- 11 PRIVILEGEa of admission on the floor of the Senate. Description of persons allowed the. —.. —. —-—..-.............. ---------—... --------- - 47 PROCEEDINGS on them, in the Senate, as bills, &c. All joint resolutions, and resolutions granting money, shall be treated in the.-... —-. —----...- 26 PROCEEmDINTGS of Senate, when not acting as in Committee of the Whole, to be entered oe the journal, but every vote of the Senate shall be entered on the journal, &c. (See Rule.) ----—..- -. —-. —-------—. —-------------— 33 —----------------- 33 PROCEEuDINGS of the Senate shall be kept in separate and distinct books. The legislative proceedings, the executive proceedings, and the confidential legislative.... 42 PUBLIC Buildings and Grounds, to consist of five members, who shall have power to act jointly -with the same committee of the House of Representatives. A standing Committee on the. —- --............ —----- 34 PUBLIC Lands, to consist of seven members. A standing Committee on the -......... 34 QUALIFICATIONS of persons nominated to be kept secret. Any remarks concerning the. ——.. — ----------. —-. —------------------------------------------- 40 QUESTIONS of order decided by the President without debate, subject to appeal, and the Chair may call for the sense of the Senate upon them. -------------...- 6 QUESTION is under debate no motion shall be received, except to adjourn, &c., &c. (See -Rule.) VWhen a.....-......-............. — 11 QUESTION in debate contains several points, any member may have the same divided. When a. —--------------- ----—.......................12 QUESTION. On motion to strike out and insert, it shall not be in order to move for a division of the -.. —-—. —-—. —--—. —-------------------------------- 12 QUESTION taken by yeas and nays each member shall vote, unless for special reasons he be excused. On every.................................... —------- QUESTION. When yeas and nays are called, each member shall declare openly, and without debate, his assent or dissent to the...................................... 1C INDEX TO STANDING RULES OF SENATE. 271 No. QUESTIoN, no member shall be permitted to vote, &c. (See IRule.)'When the decision shall have been announced from the Chair on a... —-------........ 17 QUESTION decided may be reconsidered, on motion by one of the majority, if made before the subject has gone out of possession of the Senate, and if made on same day or within two next days of actual session. A-. ----— 0 —--------— 0 —. QUESTIONS shall be put by the President of the Senate, in the presence or absence of the President of the United States, and the Senators shall answer aye or no. All-.22... —-------—................ 22 QUESTION, unless objected to, and then question on reference taken. Reference of petitions, &c., to be made as a matter of course without -......................... 24 QUESTION upon the second reading of every bill, resolution, &c., requiring three readings, shall be, "Whether it shall be engrossed and read a third time?" The final.-.. —-. —-.... —---—.............. —. —. —— 29 QUESTION shall be again put, " Whether it shall be engrossed and read a third time?" Should a bill on third reading be committed and an amendment reported, it shall again be read a second time, and the...... —.... 29 QUESTION on the printing of documents, reports, or other matter, (except as stated in the rule,) shall be referred to the Committee on Printing. Every.-......... 34 QUESTION on reference to the standing committee shall first be put. When motions are made for reference of the same subject to a select committee and to a standing committee, the.-.....-.... ---------—..... —------—.. —-. 36 QLESTIONS on amendments to, and ratifications of treaties. (See Rule.) Forms of-.. 38 QUESTION for amendments, or extending to the nmerits, being short of the final question. When an amendment of the Constitution is under consideration the concurrence of two-thirds shall not be requisite to decide any -------------------—. 44 QUESTION may have been decided by the Senate, in which two-thirds of the members present are necessary to carry the affirmative, any member who votes on that side which prevailed in the question may be at liberty to move for a reconsideration; and a motion for reconsideration shall be decided by a majority of votes. When any. ---------------. —------- -----. 20 QUESTION may move for a reconsideration, which shall be decided- by a majority of votes. When two-thirds are requisite, any member who votes on that side Which prevailed in the ------------ ---- ----------- ---— 20 QUESTION is being put, while the yeas and nays are being called, or while the ballots are being counted. Messengers are introduced in any state of business, except while a.......................................................................... 46 QUORUM being present, the business will proceed. The President having taken the chair, and a --..-.. —---- ----- -—.. -.. --—. QuoRU)m, but a small majority of those present, may send for absent Senators, who shall pay the expenses, unless excused when a quormn is convened. A less number than a.................................................................... 8 R. RATIFICATION of treaty, (see Treaty-see Rule)....................................... 38 RATIFICATION of amendments to treaties and of treaties. Questions on. (See Rule).. 38 READ, to the end that any mistakes may be corrected. The chair being taken, and a quorum present, the journal will be- 1 READ any newspaper, while journals or public papers are being read, or a member is speaking, &c. No member shall speak to another, otherwise interrupt the business of the Senate, or............................................................ 2 REA.D, no interruption to be made. While the journal or public papers are being ---- 2 READ before debated. A motion seconded shall be written if desired, delivered in at table, and....................................... 10 272 INDEX TO STANDING RULES OF SENATE. No. READ. No person shall be admitted in the Senate to present any petition, address, &c., or hear any such. ------—. —--... —-- -.. —------------------ - ---- --- 19 RPEAD at the table. A brief statement of petitions, memorials, or papers to be made before being received or -........................................................... 24 IREAD [Morning] business after the journal is.-........... 24 [READ, after which it may be referred to a committee. To bill shall be committed until it shall have been twice................................-.............. 27 BLEAD a third time?." The final question on the second readilng of every bill, &c., shall be, " Whether it shall be engrossed and -.. —-—...........- 29 READ, a second time, &c. Should a bill, &c., on third reading, be committed and an amendment reported, it shall again be ---...............................-. 29 IREAD a first time for information only. Every treaty.-. —.. —..18...... —. 38 R1EADING of a paper is called for and objected to, it slmall be determined by a vote of the Senate and without debate. When the..-. —----—...-.-... —-. —----. 14 READING. All bills reported by a committee to be printed after the first............ 25 READINGS previous to its being passed, and the President shall give notice whether it be the first, second, or third; which readings shall be on different days, unless the Senate unanimously direct otherwise. Every bill shall receive three......- 26 REAADING shall first be considered in Committee of the Whole before being taken up in Senate, unless otherwise ordered. All bills on second -.2 —..-. --—..-.. S8 READIENG of any bill, resolution, &c., requiring three readings, shall be, " Whether it shall be engrossed and read a third time?" The final qLestion upon the second.. 29 READING of any bill, &c., unless by unanimous consent; bnt it may be committed, &c. No amendment received at a third.................................... —....... 29 REA DIcNG of a treaty shall be on a subsequent day, for consideration in Committee of the Whole. The second. —..................-...-.................. —- 38 RECEIvmED or read at the table. A brief statement of petitions, memorials, or papers to be made before being............ -...24 RECEIVED at the third reading of any bill, &c., -unless by unanimous consent. No amendment -------------------.. 29 RECONSIDER shall not be withdrawn without leave. A motion to..........- 10 RECONSIDERATION not in order after a bill, resolution, message, report, amencdment, or motion, upon which the vote was taken, shall have gone out of the possession of the Senate, annonncing the decision, except a resolution confirmilig or rejecting a nomination. A motion for............-...... --- -- 20 RECONSIDERATION shall not be in order unless made on same day the lvote -was taken, or within the two next days of actual session of the Senate thereafter. A motion for.... —.-..-..-... —. —. 290 RECONSIDEEATION of a nomination, if the resolution announcing the decision of the Senate has been sent to the President, shall always be accompanied by a motion requesting the President to return the same to the Senate. A motion for........ 29 RECONSIDERATION of a question decided may be made, on motion by one of the muajority, before the subject has gone out of the possession of the Senate, if made same day or within two next days of actual session thereafter. A.............. 20 RECONSIDERATION; and a motion for reconsideration shall be decided by a majority of votes. When any question may have been decided by the Senate, in which twothirds of the members present are necessary to carry the affirmative, any nmenmber who votes on that side which prevailed in the question may be at liberty to move for a... —---------.. —-------------------------—. —--- ----------- - 20 RECORD of the Senate; but no further extract from the executive journal shall be furnished, except by special order, &c. The President of the United States shall, from time to time, be furnished with arn authenticated transcript of the executive. 43 INDEX TO STANDING RULES OF SENATE. 273 No. REFERENCE of petitions, memorials, and papers to committees, made as a matter of course, unless objected to, and then the question to be taken on the reference - 24 REFERENCE to the standing committee shall first be put. When motions are made for reference of the same subject to a select committee and to a standing committee, the question on.. —...................................-.-....... —-—... —--—. — 3 REFERRED to a committee. No bill shall be committed or,amended until twice read, after which it may be..-.......................... - 27 REFERRED to the Committee to Audit and Control the Contingent Expenses of the Senate. Resolutions for payment of money out of, or creating a charge on the contingent fund of the Senate shall be -..-.......-.. —-—. 34 REFERRIED to a committee, any other subject or matter of a similar nature may, on motion, be referred to such committee. When any subject or matter shall have been ------—. —-----------—.. —- ---------— 35.. REFERRING them at subsequent sessions, unless error be stated to exist in the report, or new evidence be produced. Not in order to move to take papers or rejected claims from the files for the purpose of.................................-. —.... 49 REGULATION of such parts of the Capitol as may be set apart for the use ef the Senate and its officers. The presiding officer of the Senate shall have the.-...-...- 48 REJECTED claim from the files for reference, unless error in report or new evidence be produced. Not in order to take the papers of a.-........................... 49 REIMARKS touching or concerning the character or qualificationis of any person nominated by the President to office shall be kept secret. All information or.. —-- 40 REPORTED by the committee, the bill, &c., shall again be read a second time, &c. Should a bill on the third reading be committed, and an amendment be.......... 29 REPORTS of committees to be called for after petitions in morning business -...... 24 REPORTS of committees shall lie on the table one day for consideration. All.. —. -... 26 REPORTS of the Committee on Printing, in favor of printing additional numbers, to be accompanied by an estimate of the cost -....- -..... —-----------—. 34 REPORT of a committee, in writing, adverse to a claim, to preclude its renewal, without error be shown in report, or new evidence produced, &c -..... — -. 49 ResOLUTION, as in Committee of the Whole, a chairman may be appointed, &c. When the Senate shall consider a.............................................. -28 RESOLUTION, &c., requiring three readings, shall be, " Whethler it shall be engrossed and read a third time l" The final question on the second reading of any bill.. 29 RESOLUTIONS on third reading to be amended only by unanimous consent.. —... — -- 29 RESOLUTION of ratification of treaties. Forms of questions and proceedings on. (See Rule). -.. ——. ——. —-—. —. —....... ---------------—. —-------— 38 RESOLUTION take off the injunction of secrecy. The Senate may by...-........... 39 RESOLUTIONS proposing amnlndments to the Constitution, or to which the approbation of the President may be necessary, or which may grant money out of the contingent or any other fund, shall be treated, in' all respects, in the introduction and form of proceedings on them in the Senate, in a similar manner lwoith bills. All. 26 RESOLUTIONS (than the above) shall lie on the table one day for consideration, and also reports of committees. All other...-...................................... 26 RESOLUTIONS directing the payment of money out of the contingent fund of the Senate, or creating a charge on the same, shall be referred to the Committee to Audit and Control the Contingent Expenses,.. -............. 34 RESOLUTIONS the same as on bills. Action on joint. (See Bills.) REVOLUTIONARY Claims, to consist of five members. A standing Committee on. —-- 34 RULES, the President. shall, or a member may, call to order. WVhen a member shall transgress the..-..........6................................. 6 RULES. One day's notice required for a motion to amend, suspend, or modify a rule.. 53 18 274 INDEX TO STANDING RULES OF SENATE. S. No. SEAT, or sit down. When a member has finished speaking he shall take his..-.... 3 SECONDED. No motion shall be debated until the same shall be...-... —- -.- 9 SECONDED shall be written if desired by the President. Motions. —--------------- 10 SECONDED to shut the doors, the gallery shall be cleared, &c. On a motion made and. 18 SECRECY, the President shall order the gallery to be cleared, and the doors shall remain shut during the discussion. On motion made and seconded to shut the doors, on discussion of business which may, in the opinion of a member, require 18 SECIEcY of the Senate. Penalty of an officer or member for violating the iDnjunction of............................ —- ------- ------................ —-—. 50 —------------ SECRET; and all treaties which may be laid before the Senate shall also be kept secret until the Senate shall, by their resolution, take off the injunction of secrecy. All confidential communications made by the President of the United States to the Senate shall be, by the members thereof, kept -............... 39 SECRET. All information or remarks touching or concerning the character or qualifications of any person nominated by the President to office shall be kept a..-.. 40 SECRETARY shall take the decision of the President. When the Senate are equally divided, the ---—.. —-—. —-. —----- -----—.......... -....... 21 SECRETARY of the Senate shall enter engrossed bills as correctly engrossed upon the journal. The ------------------- —.. —--—.. ----—..- ------—. —----- 34 SECIRE'rAiY of the Senate shall also attend to take the mlinutes of the Senate. When the Senate shall be convened by the President of the United States to any other place, the President of the Senate and Senators shall attend at the place appointed; the.-.. —.. —...... ——. —.. ——........37 SECRETARY, the principal or executive clerk, the sergeant-at-arms, and doorkeeper, and the assistant doorkeeper. When acting on confidential or executive business, the Senate shall be cleared of all persons, except the.-..... —. —-.... 41 SECRETARY, on the next day after such proceedings may occur, shall return to the President of the United States all nominations approved or definitely acted on by the Senate.. —------- ----—. ---------..-3 —-----------—...-.. 43 SECRETARY without an order of the Senate for that purpose. No paper, except original treaties, transmitted to the Senate by the President of the United States or any executive officer, shall be returned or delivered from the office of the -........ 43 SECRETARY, who shall previously indorse the final determination of the Senate thereon. Messages shall be sent to the House of Representatives by the -----—. 45 SECRETARY and other officers of the Senate to take and subscribe the oath prescribed by the act of July 2, 1862.-...................-...-............................... 51 SELECT committee and to a standing committee, the question on reference to the standing committee shall first be put. When motions are made for reference of the same subject to a.-....................................................... 36 SENATE each day. Preliminary proceedings on the assembling of the -...... 1 SENATE. No member shall speak to another, or otherwise interrupt the business of the.... —-------- -------. --------—..... —. 2 SENATE. No member shall speak more than twice in any one debate, on same day, without leave of the. —. —---—. ——. —............ — - - 4 SENATE. Any member called to order shall sit down, and not proceed without leave of the....... —-...-.. —-. 6 SENATE. Every question of order decided by the President, without debate, subject to an appeal to the.-.......6... —-. ——. —-----..........-. 6 SENATE he shall be called to order, &c. If any member transgress the rules of the. 6t SENATE on any question of order. The President may call for the sense of the...... 6 SENATE may send for absent members. A less number than a quorum of the........ 8 INDEX TO STANDING RULES OF SENATE. 275 No. SENATE shall convene they may send for absent members. In case a less number than a quorum of the (see JzRule)..-..8........................................ 8 SENATE withouit leave first obtained. No member shall absent himself fiom the service of the. —.. —----— 8 —-—. —...-....... —------......... —- 8 SENATE when a quorum is convened. Excuse by absent members to be made to the. 8 SENATE. A motion to reconsider shall not be withdrawn without leave of the.. —-. 10 SENATE and without debate. When the reading of a paper is called for and objected to it shall be determined by a vote of the.. -..... —..... 14 SENATE Was engaged at the last preceding adjournment shall have preference in the special orders of the day. The unfinished business in which the................ —- 15 SENATE may for special reason excuse a member from voting. The.-................. 1 SENATE or House the names taken alphabetically. U]pon a call of the....-.......... 16 SENATE on business requiring secrecy, the gallery shall be cleared, &c. On a motion made and seconded to shut the doors of the --..................... —........... 1I SENATE chamber to present any petition, memorial, or address, or to hear any such read: No motion in order to admit any person whatsoever within the doors of the -------------- ---------— 19 SENATE. A motion to reconsider not in order when the matter has gone out of the possession of the-.-...... —.-..-.. —-—...-.-.. —. —---—.. —.. —. —-. 20 SENATE are equally divided, the Secretary shall take the decision of the President. When the.-......... —-- ----—. 21 SENATE shall be received and read at the table, a brief verbal statement of its contents shall be made by the President or the member introducing it. Before any petition, &c., addressed to the. (See Rule). —- - ---......................................... 24 SENATE. All bills reported by a committee after first reading shall be printed for the use of the..-.................. 251 SENATE without special order. No paper or document, except a bill reported by a committee, shall be printed for the use of the.-...........- -. 25 SENATE in a similar manner with bills. All joint resolutions, and those granting money, shall be treated in proceedings on them in.-...... —-.... —- 26 SENATE unanimously direct otherwise. Every bill shall receive three readings, on different days, unless the. -26 SENATE shall consider a treaty, bill, or resolution, as in Committee of the Whole, the Vice-President or President pro temnpore may call a member to fill the chair, &c. W hen the -28 —-------------------------------------------------------------------- 8 SENATE in the csame manner as if the Senate were in Committee of the Whole, befor& they shall be taken up and proceeded on by the Senate, agreeably to the standing rules, unless otherwise ordered. All bills, on a second reading, shall be considered by the. 28 SENATE during that session, or moved by direction of a committee of the Senate, &c., may be received to a general appropriation bill. An alendment to carry out the provisions of any act or resolution passed by the..-............ 30 SENATE shall proceed to consider a special order taken up, unless postponed by vote of the Senate. The ---------------------------------------------- 31 SENATE. Special orders shall not lose their position on the calendar, except by direction of the... —------. 31 SENATE. Special orders to have precedence over general orders, unless postponed by a vote of the —---- --— 31 SENATE, when not acting as in Committee of the Whole, shall be entered on the journal as concisely as possible, care being taken to detail a true and accurate account of the proceedings; but every vote of the Senate shall be entered on the journal, and a brief statement of the contents of each petition, memorial, or paper pre sented to the Senate shall also be inserted on the journal. The proceedings of the 33 276 INDEX TO STANDING RULES OF SENATE. No. SENATE. The Committee on Engrossed Bills shall examine all bills, amendments, resolutions, or motions before they go out of the possession of the...-.... 34 SENATE will proceed by ballot to appoint the chairman of standinug committees, and the other members, and also all other committees. The (see Riule).. --........ 35 SENATE, a future day shall be assigned, unless the Senate unanimously direct otherwise, for taking them into consideration. When nominations shall be made in writing by the President of the United States to the -. —-. —---—.. ——..-. 37 SENATE in the Senate chamber, the President of the Senate shall have a chair on the floor, be considered as the head of the Senate, and his chair shall be assigned to the President of the United States. When the President of the United States shall meet the --—. —--—. —--- -.. -... —......... -------. 37 SENATE shall be convened by the President of the United States to any other place, the President of the Senate and Senators shall attend at the place appointed. The Secretary of the Senate shall also attend to take the minutes of the Senate. W hen the.-.............................37........-.. 37 SENATE on treaties communicated by the President. Proceedings of the. —---—...- 38 SENATE shall be by the members thereof kept secret until the Senate remove the injunction of secrecy. All treaties and confidential communications made by the President of the United States to the..................................... —---—. 39 SENATE relative to the character or qualifications of any person nominated to office shall be kept secret. All information or remarks made in the.................... 40 SENNATE shall be cleared of all persons, except the Secretary and the principal or the executive clerk, the sergeant-at-arms, and doorkeeper and assistant doorkeeper. When acting on confidential or executive business, the --—. —------—. —.-... 41 SENATE shall be kept in separate and distinct books. The legislative proceedings, the executive proceedings, and the confidential legislative proceedings of the -..... 42 SENATE shall be returned by the Secretary on the next day after such action is had, &c. All nominations approved or definitely acted on by the...................- -.. 43 SENATE for that purpose. No paper, except original treaties, transmitted to the Senate by the President of the United States, or any executive officer, shall be returned or delivered from the office of the Secretary without an order of the... 43 SENATE, &c. The President of the United States shall, from time to time, be furnished with an authenticated transcript of the executive records of the.. —-------------- 43 SENATE thereon. Messages shall be sent to the House of Representatives by the Secretary, who shall previously indorse the final determination of the -—....-. 45 SENATE. Description of persons (and none others) who shall be admitted on the floor of the ---- -..-. -....- ---------—... —- ----—... ---- -... —-—... —------- 47 SENATE shall have the regulation of such parts of the Capitol, and of its passages, as are or may be set apart for use of the Senate and its officers. The Presiding Officer of the.-............... —-------------—........... -.......... 48 SENATE. Restriction on presenting rejected claims to the. (See Rule)....... 49 SENATE. Penalty of an officer or member for violating the confidence of the -.-.... 50 SENATE. The Senators and Secretary, before entering upon their duties, shall take and subscribe the oath prescribed by the act of July 2, 1862, in open -............ 51 SENATORS of the United States. (See Members.) SENSE of the Senate on any question of order The President may call for the. —---- 6 SERGEANT-AT-ARMs, or any other authorized person, may be sent for absent members. The.-............................................ 8 SERGEANiT-AT-AuRS and doorkeeper and assistant doorkeeper admitted in secret session. The...........................-...-...............................-... 41 SESSION. Organization and commencement of business of each day's -.-......... 1 SESSION, should less than a quorum appear, absent members may be sent for, &c. At the commencement or during any.......-..................................... 8 INDEX TO STANDING RULES OF SENATE. 277 No. SESSION of the Senate, if the matter is in possession of the Senate. A motion for reconsideration may be made within two next days of actual. -.20 SHUT the doors, the gallery shall be cleared. On a motion made and seconded to. —-- 18 SPEAK shall address the Chair, stand cat his place, and sit down when finished. Every member rising to-... —. — -—. —---. —-----—.... 3 SPEAK more than twice in one debate on same day without leave of the Senate. No member shall............- --------------------------------------------—....................................... 4 SPEAK first; but the member rising and addressing the Chair first shall speak first. When two members rise, the President shall name the member to. — -........... 5 SPEAKING to another member so as to interrupt business prohibited. —--------------- 2 SPEAKING in debate, no interruption to be made by talking, reading newspapers, or otherwise. While a member is --—.......................-. 2 SPEAKING or otherwise shall transgress the rules, he shall be called to order. If any member in......-............................ 6 SPECIAL orders of the day. The unfinished business at preceding adjournments shall have preference in the...........-......................................... 15 SPECIAL order, it shall be the duty of the Chair to take -up such special order, and the Senate shall proceed to consider it, unless it be postponed by vote of the Senate. When the hour shall have arrived for the consideration of a. -............. 31 SPECIAL orders, according to the order of timefor which they were assigned, and cat which they were assigned, and over general orders, &c. Precedence of..-... 31 SPECIAL orders shall not lose their positions on account of intervening adjournments; nor shall they lose their relative position on the calendar, except by vote of the Senate, until finally disposed of -----—. —----—. —---—.-.. —-.-. —-. —--—. — 31 SPECIAL orders shall always have precedence of general orders, unless such special orders shall be postponed by direction of the Senate. When two or more subjects shall have been assigned for the same hour, the subject first assigned for that hour shall take precedence, but ----- -----------------—. —-. —-------------- 31 SPECIAL order not to be made without the concurrence of two-thirds present ------—. 31 SPECIALLY assigned for consideration, they shall take precedence according to the order of time at which they were severally assigned, and such order shall at no time be lost or changed, except by the direction of the Senate. When two or more subjects shall have been-. —-- --- --—.. —----. —-------—.. 31 SrANDING comnlittees of the Senate, shall not be referred to the Committee on Printing. Motions to print, by order of the.- ----........................................ —-- 34 STANDING committees of the Senate shall be appointed at the commencement of each session, with leave to report by bill or otherwise, viz: On Privileges and Elections, to consist of seven Senators........................ 34 On Foreign Relations, to consist of seven members.. —,-................ —.34 On Finance, to consist of seven members.-...........- - --------------------- 34 On Appropriations, to consist of seven members....... - -----------— i — 3] On Commerce, to consist of seven members.... —----. —------------------- 31On Manufactures, to consist of five lemlubers - —........ —- - 34 On Agriculture, to consist of five members.-................................. 34 On Military Affairs and the Militia, to consist of seven members........... - 34 On Naval Affairs, to consist of seven members.......-..... -.......................- 34 On Judiciary, to consist of seven members.....................................34 On Post Offices and Post Roads, to consist of seven members...................... — 3 On Public Lands, to consist of seven members................................... —-------- 34 On Private Land Claims, to consist of fi.ve members...............................- 34 On Indian Affairs, to consist of seven members.................................. ------------ 34 On Pensions, to consist of seven members................... 34 On Revolutionary Claims, to consist of five members..................... —---- 3 On Claims, to consist of seven members.................................... 34 278 INDEX TO STANDING RULES OF SENATE. No. On District of Columbia, to consist of seven members........................... 34 On Patents and the Patent Office, to consist of five members................... 34 On Public Buildings and Grounds,'to consist of five members................... 34 On Territories, to consist of seven members -.. —-—...... —....... 34 On the Pacific Railroad, to consist of eleven members............................ -34 On Mines and Mining, to consist of seven members............................. 34 On the Revision of the ]Laws of the United States, to consist of five Senators.. 34 On Education and Labor, to consist of five Senators.-.. ——. —--- --—.. —. 34 To Audit and Control the Contingent Fund, to consist of three members.-.... 34 On Printing, to consist of three members........................................ 34 On Engrossed Bills, to consist of three members.................................. 34 On Enrolled Bills, to consist of three members. —............................... -- —. 34 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. In the appointment of the. —-----.......... ---- 35 STANDING committee shall first be put. When motions are made for reference of the same subject to a select committee and to,a standing (ommittee, the question on reference to the........... —--—.......... 36 STATES, not referred to the Committee on Printing. Motions to print documents from the legislatures or conventions lawfully called of the. —-—. —---.. —. 34 STRIKE out and insert shall not be divided. A motion to. ----------—. ------ 12 STRInE out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor a motion simply to strike out, nor shall the rejection of this prevent a motion to strike out and insert. A motion to. —---.-. 12 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 conlmittee. When any. 35 Su first put. In filling blanks the largest.-.. —--------------------------------- 13 SUSPEND the 16th and 17th joint rules, &c., always in order, &c. A motion to....... 53 SUSPENSION or amendment of a rule. One day's notice to be given of a motion for the-. 53 T. TABLE, andread before being debated. A motion made and seconded shallbe reduced to writing, if desired, delivered in at the...................................... 10 TABLE, &C. (See Rule.) When a question is under debate no motion shall be received but to lie on the.-.-. —-. —--—. —---..-...,...... 11 TABLE. A brief statement of the contents of petitions, &c., to be made before being received or read at the.......................-..... —----.. —- ---------........ 24 TABLE one day for consideration. All resolutions (not joint) and reports of committees shall lie on the..-.............................- 26 TERRITORIES, to consist of seven members. A Standing Committee on. —---------- 34 TIE vote of the Senate, the Secretary shall take the decision of the President. When there is a........................................................................ 21 TIME first put. In filling blanks the longest........................................ 13 TITLES of bills and parts affected by amendments, inserted on the Journal..-....... 32 TREATY, bill, or resolution, as in the Committee of the Whole, a chairman may be appointed by the Presiding Officer, &c. When the Senate shall consider a... 28 TREATIES. Proceedings on.......................................................... 38 TREATIES which may be laid before the Senate shall also be kept secret until the Senate shall, by their Iesolution, take off the injunction of secrecy. All........... 39 INDEX TO STANDING RULES OF SENATE. 279 No. TREATIES WITH INDIAN TRIBES shall be considered in open session, unless transmitted by the President in confidence.-........................... 39 TREATIES, &C., shall be returned or delivered from the office of the Secretary without an order of the Senate for that purpose. No paper, except original............. 43 TWICE in any one debate. No member shall speak more than...................... 4 TWO-THIRDS requisite to decide affimatively on all amendments to treaties, and on the final question of ratification of treaties...................................... 38 TWO-THIRDS shall not be requisite except on the final question. When an amendment to the Constitution is under consideration the concurrence of............. 44 TWO-THIRDS of the members present are necessary to carry the affirmative, any m ember'who votes on that side which prevailed in the question may be at liberty to move for a reconsideration; and a motion for reconsideration shallbe decided by a majority of votes. When any question may have been decided by the Senate in which..- 20 TWO-THIRDS present. No special order to be made without concurrence of.......... 31 U., UNANIMOUS consent of the members present. On the third reading of any bill, &c., no amendment shall be received unless by the.................................. 29 UNANIMOUSTY direct otherwise. When nominations are made a future day shall be assigned for their consideration, unless the Senate................. 37 UNFINISHED business at preceding adjournment shall have preference in special orders of the day. The........................................................... 15 V. VERBAL statement of contents of a petition, &c., to be made before being received or read at the table. A brief -—... —-----..... —-------. —. 24 VICE-PRESIDENT, or President of the Senate pro ternm., shall have the right to name a member to perform the duties of the chair; but such substitution shall not extend beyond an adjournment. The.. —-------- —.. —-—.. —----.... 23 VICE-PREsIDENT, or President pro tern., may call a member to fill the chair, &c. When the Senate shall consider a treaty, bill, or resolution in Committee of the Whole, the -... —..... —-............................. —--- ------— 28 VICEE-PRESIDENT of the United States. (See Presidmnt of the Senate.) VOTE of the Senate and without debate. When the reading of a paper is objected to it shall be determined by a.- -...... ——... —.... —--—. 14 VOTE, unless for special reasons he be excused. On every question taken by yeas and nays, each member shall —--—..... ——.. —----------—.. ----- 16 VOTE. When a decision is announced from the Chair no member shall be permitted to. 17 VOTE may be made before the subject has gone out of the possession of the Senate, if made same day or within two next days of actual session. On motion by one of the majority, the reconsideration of a-............ 20 VOTE of the Senate, the Secretary shall take the decision of the President. When there is a tie.. —.. —..................... 21 VOTE of the Senate. Special orders shall have precedence over general orders unless postponed by a -.. —-—.........- -. 31 VOTE of the Senate shall be entered on the journal. Every -.................. 33 VOTES given is necessary; and in appointment of all the committees, with that exception, a plurality of votes will make a choice. In the appointment of the chairmen of standing committees a majority of all the....-.................... 35 VOTES on amendments, &c., to treaties confirmed by the Senate shall be reduced to the form of a ratification, &c.................................................... 38 VOTES on that side which prevailed may move for a reconsideration, which shall be decided by a majority of votes. When two-thirds are requisite, any member who. 20 280 INI)EX TO STANDING RULES OF SENATE. w. No. WITHDRAWN by the mover before decision, amendment, or ordering of the yeas and nays, except a motion to reconsider, &c. Any motion may be-. —........... 10 WITHDRAWN without leave of the Senate. A motion to reconsider shall not be --—. 10 WORDS of a Senator called to order shall be taken down in writing, to enable the President to judge. The exceptionable.-......-.-... —. —. 7 WRITING, &C. Exceptioncable words in debate called to order shall be taken down in. 7 WRITING, if desired by the President. A motion made and seconded shall be reduced to -----------------—............................................................. ——.................. —- 10 Y. YEAS and nays are ordered, a motion cannot be withdrawn by the mover without leave of the Senate. When the................... —----------... 10 YEAS and nays, and on a call of the house, the namfes of the members shall be taken alphabetically. In taking the.i... -........... 16 YEAS and nays shall be called for by one-fifth of the Senators present, each shall answer, without debate, unless excused for special reason. When the.... —.... 16 YEAS and lays are taken, no member shall vote after the decision is announced from the Chair. When the -.............. —---------- --—. 17 YEAS and nays. Every question shall be put by the President of the Senate, and the members shall signify their assent or dissent by answering aye or no, or by.-. 22 YEAS and nays are being called, &c. Messengers are introduced in any state of business, except while the......................................... 46 DIGEST OF THE RULES OF TIlE HOUSE OF REPRESENTATIVES U. S., THE JOINT RULES OF THE TWO HOUSES, AND OF S0 MUCH OF JEFFERSON'S MANUAL AS UNDER- THE RULES GOVERNS THE ROUSE; OF PRECEDENTS OF ORDER AND USAGES OF THE HOUSE; TOGETHER WITH SUCH PORTIONS OF THE CONSTITUTION OF THE UNITED STATES, LAWS OF CONGRESS, AND RESOLUTIONS OF THE HOUSE AS RELATE TO THE PROCEEDINGS OF THE HOUSE, AND THE RIGHTS AND DUTIES OF ITS MEMBERS. COMPILED BY JOHN M. BARCLAY, JOURNAL CLERK OF THE HOUSE OF REPRESENTATIVES U. S. ARRANGED ALPHABETICALLY WASHINGTON: GOVERNMENT PRINTING OFFICE. 1ST SEJSS. 43D CONG. Entered according to Act of Congress, in the year 1868, by J. M. BARCLAY, In the Clerk's Office of the Supreme Court of the District of Columbia. BARCLAY'S DIGEST OF THE RULES AND PRACTICE OF THE HOUSE OF REPRESENTATIVES U. S. ABSENCE FROM THE HOUSE. "No member shall absent himself from the service of Piohibited, unless by leave or the House, unless he have leave, or be sick or unable to from inability to 7~~~~~~ 33 2 ~~~~~attend. attend." —Rule 33. "A smaller number than a quorum may be authorized Lessthanaquo. rum may be an to compel the attendance of absent members, in such thorize a to commanner and under such penalties as each House may provide."-Const., 1, 5, 8. "Any fifteen members (including the Speaker, if there Fifteen mem. bers authorized be one) shall be authorized to compel the attendance. of to compel attend. absent members."-Rule 34. For mode of proceeding in case of the absence of mem- Proceedings in case of. bers, see CALLS OF THE HOUSE. case By the act of August 16, 1856, it is made the duty of Deductionfrom the Sergeant-at-Arms to deduct from the monthly pay- compensatlonfor. ment of each member the amount of his compensation for each day that such member shall be absent from the House, unless such member shall assign as the reason for such absence the sickness of himself or of some member of his family.-Stat. at Large, Vol. XI, p. 49. By the Joint Riesolution of July 17, 1862, it is declared Further deduc. tion from comn.that when any Senator or lRepresentative shall hereafter pensation for, wvithout leave3. withdraw from his seat in anticipation of the adjourn- ment of Congress and before the adjournment, and does not return, he shall, in addition to the sum now deducted 4 ABSENCE FROM COMMITTEE OF THE 1WHOLE-ACCOUNTS, COM. OF. for each day, forfeit a further sum equal to the mileage now allowed by law. for his return home, and it shall be deducted from his compensation, unless where said -withdrawal is with the leave of the Senate or House of Representatives. Stat. at Large, Vol. XII, p. 628. ABSENCE FROM COMMITTEES OF THE WHOLE. hen no quo. "TWhenever the Committee of the Whole on the state rum by reason of, roll to be called. of the Union, or the Committee of the Whole House, finds itself without a quorum, the chairman shall cause the roll of the House to be called, and thereupon the coimmittee shall rise and the chairman shall report the names of the absentees to the House, which shall be entered on the Journal." —Rule 106. [As soon as the roll-call is completed, the practice is for the chairman imrmediatelp to vacate the chair, and consequently to report as absentees all such as failed to answer to their names when called.] ACCOUNTS, COMMITTEE OF. Itsnumber,and This committee, to consist of five members, is directed whenappointed. to be appointed at the commencement of each Congress. — Rule 74. Its duty is to superintend and control the exfDuties of. penditures of the contingent fund of the House; also to audit and settle all accounts which may be charged thereon.-Rule 98. And it is made its further duty by Rule 140 to inquire into and report to the House any violation of the said rule in regard to the allowance of extra compensation to employes of the House, or their being interested in claims against the Government. And by Rule 27 the said committee is directed to determine the amount for which the doorkeeper shall be liable for articles missing from the committee and other rooms under his charge. ACCOUNTS FOR PAY AND MILEAGE. (See COMPENSATION.) ACTS AND ADDRESSES. To be signed Acts and addresses shall be signed by the Speaker.by the Speaker. Rule 8 Rucle 8. ACCOUNTS FOR PAY AND MILEAGE —ADJOUIRN, MOTION TO. 5 ADDRESS TO THE PRESIDENT. "Whenever the Senate and House of Representatives Where to be presented, by shall judge it proper to make a joint address to the Pres- whom, &c. ident, it shall be presented to him in his audience chamber by the President of the Senate in the presence of the Speaker and both Houses."' —Joint Rule 11. ADHERE, MOTION TO. The questions respecting amendments from another On questionson amendments beHouse are: 1st, to agree; 2d, disagree; 3d, recede; 4th, tween the two insist; 5th, adhere —lIanual,p. 114-and take precedence Order in put in that order.-Journals, 1, 23, p. 229; 1, 34, p. 1516 to ting question on. 1518. "'In the ordinary parliamentary course, there are two -Usuallyatleast two conferences free conferences, at least, before an adherence " —Manual, before adherence. p. 126-and sometimes three or four.-Journals 1, 34, p. 943; 1, 35, p. 1136. Although I"either House is free to pass over the term of insisting, and to adhere in the first instance; but it is not respectful to the other."-Maanual, p. 226. A conference may take place after a vote of adherence Conference afby one House.-Journals, 1, 3, pp. 281, 283; 2, 3, p. 254; adheres. 1, 34, pp. 1600, 1602; 1, 35, pp. 604, 615, 620; Senate Journal, Jan. 20, 1834; Manual, p.'129. "After each House shall have adhered to their disa- After each greement, a bill or resolution shall be lost."-Joint Rule bill, &c., lost. 15. (See AMENDMENTS ]3ETWEEN THE TWVO HOUSES and CONFERENCE COIMIITTEES.) ADJOURN, MOTION TO. "A motion to adjourn, and a motion to fix the day to And to fix the which the House shall adjourn, shall be always in order, ingayof nest meotand these motions shall be decided without debate." der'Nt debatable. Rule 44. It has been decided and acted upon that the motion "I to fix the day to which the House shall adjourn" Motion to fix the daytakes pretakes precedence of a motion " to adjourn;" the reason cedenceof, unless no quorum presbeing that, before the House adjourns, it is proper to fix ent. the time to which it shall adjourn-Note to same rule-but when less than a quorum is present no motion can be 6 ADJOURN, MOTION TO. entertained, except to adjourn, or for a call of the House. — Journal, 1, 29, p. 356, and Const., 1, 5, 8. [Consequently, at such a time, the motion to adjourn would take precedence.] Onlyonecan be Only one motion to adjourn can be entertained pendentertainedwhile motiontosuspend ing a motion to suspend the rules.-Rule 161. rules pending. For more than A resolution proposing, with the concurrence of the three days is privileged. Senate, an adjournment for more than three days is held to be privileged.-Journal 2, 37, pp. 718 to 720. Cannotbemade "'A motion for adjournment cannot be made while anwhile another memberisspeak- other is speaking."-Manual, p. 85. —[But according to ing, unless he yields for. the practice, a member speaking may yield for a motion to adjourn, or that the committee rise, without losing his right to the floor when the subject is resumed.] Not in order "4 Nor can a motion to adjourn be received after another while voting on nother question. question is actually put, and while the House is actually engaged in voting.?-Manual, p. 98. cannot be "A motion to adjourn simply cannot be amended, as amended. by adding' to a particular day,' but must be put simply'that this House do now adjourn;' and if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a. previous resolution,'that at its rising it will adjourn to a particular day,' and then the House is adjourned to that day." —Manual, p. 135. When may be A motion to adjourn may be repeated, although no question has been put or decided since the former motion-Journal, 1, 23, p. 651-but there must have been some intervening business. —bid., 1, 31, 1092. [Another motion submitted, progress in debate, or reading a paper by the Clerk, an order of the yeas and nays, &c., has been considered such " intervening business" as will authorize a repetition of the motion to adjourn.] Hourofmaking The hour at which every motion to adjourn is made to be entered on Journal. shall be entered on the journal." —Rule 45. Motion to fix A motion to fix the hour to which the House shall adthe hour to which. the House shalljourn does not take precedence of a motion to adjournadjourn. Journal, 1, 29, p. 186-and can only be made when resolutions are in order-Journal, 1, 29, p. 933-[or under a suspension of the rules when in order.] Noadjournment, "If a question be put for adjournment, it is no adjourntill Snounces itpro- ment till the Speaker pronounces itp. —Manual, p. 135. ADJOURNMENT, SINE DIE. 7 There must be an adjournment before the legislative Legislativeday does not end until day will terminate —Journal, 1, 33, p. 804-and an ad- an,djournmmnt. journment does not take place by reason of the arrival of the time for the regular daily meeting of the House.Ibid., pp. 803, 811. And an adjournment does not necessarily take place at 12 o'clock a. m. on Sunday, nor is it against order for a majority to continue in session after the said hour, it being a question which must be left to Fortelltouseto determine when be decided by the judgment and discretion of the House it shall adjourn. itself.-Journal, 1, 24, pp. 577, 582. "Neither house during the session of Congress shall, House cannot adjourn of itself without the consent of the other, adjourn for more than for more than three days, nor to any other place than that in which three days. the two houses shall be sitting."-Const., 1, 5, 9. Where the two houses adjourn for more than three For more than three days does days, and not to, or beyond, the period fixed by the Con- not terminate stitution or law for the next regular session, the session session. is not thereby terminated, but continues until an adjournment without day, or until the next regular session.See Journals, 1, 39, pp. 107, 108; 2, 39, p. 106; 1, 40, pp. 157, 158, 184. And it is competent by concurrent reso- Session may be lution to provide for an adjournment to a particular day, nate by failure of aquorumineither and if upon that day a quorum is not present in each house. house, that the session shall terminate.-Journal, 1, 40, pp. 157, 158, 184. "In case of disagreement between them (the two WhenPresident m~y ad journ two houses) with respect to the time of adjournment, the houses. President may adjourn the two houses to such time as he may think proper."-Const., 2, 3, 18. ADJOURNMENT, SINE DIE. The adjournment of a session (other than that which Form of resoIlu terminates with the expiration of the term of service of the members) is provided for by the joint vote of the two houses, and usually in the following form: "Resolved by the Senate and House of Representatives, That the President of the Senate and the Speaker of the House of Representatives be authorized to close the present session by adjourning their respective houses on the - day of, at - o'clock - min." And such resolutions Ai privileged are held to be privileged. 8 AGENTS FOR CLAIMS-AGRICULTURE, COM. ON —ATENDMENT. When takes And upon the arrival of the day and hour thus fixed, place. or the hour of 12 o'clock inm. of the 4th of March of each alternate year, when, by the usage, the last session of a Congress terminates, the Speaker (either on or without motion) pronounces the House adjourned sine die.-Journals, 1, 28, p. 1362; 1, 33, p. 1345; 1, 35, p. 1148; 22 32, p. 431; 37 34, p. 691; 2, 35, p. 625. AGENTS FOR CLAIMS. (See CLAIM AGENTS.) AGRICULTURE, COMMITTEE ON. When appoint- There shall be appointed at the commencement of ed, and its number. each Congress a Committee on Agriculture, to consist of eleven members.-Rule 74. Duties of. [NO duties are assigned to the Committee on Agricul ture by the rules.] AMENDMENT. Precedence of When a question is under debate, no motion shall be motionto amend. received but to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged.-Rule 42. Motioutostrike A motion to strike out the enacting words of a bill out enacting words. takes precedence of a motion to amend.-Rule 123.(See ENACTING WORDS, MOTION TO STRIKE OUT.) When in order A bill cannot bq amended on the first reading. —M3anual, p. 87. [Indeed, it has become the settled practice of the House not to receive an amendment to a House bill except when the question is on its engrossment, and to a Senate bill except when the question is on ordering it to a third reading.] pNot cut off by If the motion to amend is pending when a demand for previous question. the previous question is made, it is not cut off by the order of the previous question. —Rule 132. An amendment An amendment may be moved to an amendment but to, only in order. it is not admitted in another degree. —Mianual, p. 104. [But it is the well-settled practice of the House that AMENDMENT. 9 there may be pending, at the same time with such amend- But there may be also an amendment to the amendment, an amendment in the nature of ment (in nature of substitute) and a substitute for part or the whole of the original text, amendmenttoit. and an amendment to that amendment.-(See Journal, 1, 31, pp. 1074, 1075.) It was decided many years ago that if the motion to amend the original matter was first submitted, it was not then in order to submit an amendment in the nature of a substitute-Journal 1, 19, p. 794; but it was subsequently decided otherwise-Journal, 1, 28, p. 807-and the practice ever since has been in accordance with the latter decision. So, now, notwithstanding the pendency of a motion to amend an amendment to the original matter, a motion to amend, in the nature of a substitute, and a motion to amend that amendment may be received, but cannot be voted upon until the original matter is perfected.] An amendment of the House to a Senate amendment Amendment of Senate's amend. is only in the first degree; for, as to the Senate, the first ment. amendment with which they passed the bill is a part of its text; it is the only text they have agreed to.-Manual, p. 127.-(See A-mENDMENTS BETWEEN THE HOUSES.) "When it is proposed to amend by inserting a jpara- Paragraph proposed to be ingraph, or part of one, the friends of the paragraph may serted may bo make it as perfect as they can, by amendments, beforeirst amended the question is put for inserting it. If it be received, it cannot be amended afterwards in the same stage, because the House has, on a vote, agreed to it in that form." — Manual, p. 108. But an amendment which has been in- But not afterwards, except by serted may be added to.-Journal, 1, 19, p. 794. adding to. Although it is not in order to strike out by itself what Or striking out, part of origina:has been inserted, it may be moved to strike out a por- paragraph o in, tion of the original paragraph, comprehending what has ludg it. been inserted, provided the coherence to be struck out be so substantial as to make this effectively a different proposition. —Manual, p. 110. If it is proposed to amend by striking out a paragraph, Paragraph pro. posed tobestruckl. the friends of the paragraph are first to make it as per- out may be firsti feet as they can, by amendments, before the question is amended. put for striking it out. —Manual, p. 109. But (contrary to the parliamentary practice) if on the question it be 1.0 AMENDMENT. Motionto strike retained, neither amendment nor a motion to strike out out failing. and insert shall be precluded thereby, and a motion to To strike out strike out and insert is indivisible. —Rule 46.-(See and insert indivisible. STRIKE OUT, MOTION TO.) No withdrzwal After a propositionis amended it cannot be withdrawn. after. -Rule 40. [Nor after the previous question is seconded.] It may, however, be withdrawn while the House is dividing on a demand for the previous question.-Journal, 2, 29, p. 241. No modifica- A motion to amend cannot be modified after the pretion of, after previous question vious question is seconded-Journal, 1, 28,p. 811-[doubtseconded. less for the reason that the pendency of the particular amendment may be the inducement for seconding the previous question.] MembeT yield- If a member yields the floor to another to offer an ing for, loses foor. amendment, as he may do, the member yielding loses his right to reoccupy it.-Journal, 1, 26, p. 248. rProposingagen- An amendment proposing to ingraft a general proviseral provision of law to a private ion of law upon a private bill is against order.-Journal, bill not in order. 1, 31, p. 784. It is also out of order to ingraft upon a bill for the relief of one individual a provision for the relief of another.-Journal, 2, 32, p. 414. Must nbe ger No motion or proposition on a subject different from mane, and not incorporate any that under consideration shall be admitted under color other pending bill. of amendment. And no bill or resolution shall, at any time, be amended by annexing thereto, or incorporating therewith, any other bill or resolution pending before the House.-Rule 48. The latter clause of the 48th rule, as May contain originally reported to the House, contained at the end of:ubstance of pending bill. it "11 nor by any proposition containing the substance, in whole or in part, of any other bill or resolution pending before the House." These words were stricken out by the House before it would agree to the rule, by which it would seem to have been decided that an amendment containing the substance of another bill or resolution. may be entertained.-Note to Rule 48. [Such, too, has been the practice ever since.] It has been decided that an amendment including the same provisions, to a very great extent, as other bills pending before the House, is in order.-Journal, 1, 31, p. 1333. AMENDMENT. 11 If an amendment be proposed inconsistent with one Where incon sistent not out of already agreed to, it is a fit ground for its rejection by order. the House, but not within the competence of the Speaker to suppress as if it were against order. —Manual, p. 108. On an amendment being moved, a member who has Prestients anew spoken to the main question may speak again to the member'h~o ha amendment.- Manzu ~l,,. 108. question may pamenment.-.Manualj p, 108. speak again. A bill granting lands to a State for railroad purposes To bills granting lands for railmay be amended by adding thereto a similar provision roads. for other States.-Journal, 1, 32, pp. 427, 967. A resolution of the House cannot be amended so as to Of resolutions. be converted into a, Joint Resolution.-Journal, 17 32, p. 679. No amendment by way of rider shall be received to any tBy, ay of rider bill on its third reading.-Rule 126. reading. An amendment to the rules cannot be proposed with- To the rules. out one day's notice-Rule 145 —nor, without a similar notice, is it in order to offer an amendment, the effect of which is to change a standing rule. —Journal, 1, 17, p. 282. And it is virtually an amendment of the rules to impose other duties upon an officer of the House than those already prescribed.-Journal, 1, 31, p. 456. An amendment reported from the Committee of the From Comllmit tee of the Whole Whole as an entire amendment is not divisible.-Jour- or Senate notdivisible. nals, 1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 30, p. 574. Nor is an amendment of the Senate divisible. -Journal, 2, 32, p. 401. After a bill has been reported from the Committee of Additionl,after report from Comthe Whole with amendments, it is in order to submit all mittee of Whole. additional amendment, but the first question put is upon the amendments reported. —Journal, 1, 29, p. 865. If, in Committee of the Whole, an amendment is adopted, and mwherefComsubsequently the parigraph as amended is struck out, Whole, paragraph amended the amendment striking out is the only one to be re- and then struck out. ported to the House. And if the latter is voted down in the House, the first amendment is not thereby revived. -Journal, 2, 31, p. 346. No appropriations shall be reported in a general appro- To general appropriation bills. priation bill, or be in order as an amendment thereto, for any expenditure not previously authorized by law, unless 12 PYAMENDMENTS BETWEEN THE TWO HOUSES. in continuation of appropriations for such public works and objects as are already in progress, and for the contingencies for carrying on the several Departments of the Government. —Rule 120. [This rule, so far as relates to amendments offered, is usually enforced with much strictness, but an instance is not known where the Committee of the Whole has ever ruled out any portion of a bill as reported from the Committee of Ways and Means, although containing provisions in violation of said rule where the bill was committed without any reservation of points of order.] (See APPROPRIATION BILLS.) " The House may at any time, on motion seconded by a majority of the members present, close all debate upon a pending amendment, or an amendment thereto, and cause the question to be put thereon; and this shall not closed on, with-e eclude any further amendment or debate upon the bill." out precluding _Rule 132. further. AMENDMENTS BETWEEN THE TWO HOUSES. When either house, e. g., the House of Representatives send a bill to the other, the other may pass it with amendments. The regular progression in this case is: that the House disagree to the amendment; the Senate insist on it; the House insist on their disagreement; the Senate Regularprogres- adhere to their amendment; the House adhere to their sion from disagreement to ad- disagreement.-(See lfanual, _pp. 125, 126.) herenoe. Effect of adhe- "After each house shall have adhered to their disagreerenee by both houses. both ment, a bill or resolution shall be lost.' —Joint Rule 15. Either house " Either house' Either house may recede from its amendment and agree to the bill; or recede from their disagreement to Motiontorecede the amendment, and agree to the same absolutely, or takes precedence with an amuendment. 1-Manual, p,126. And a motion to of motion to insist. recede takes precedence of a motion to insist.-Journal8, HIousec cannot recede from or 17 23, p. 229; 1, 29, p. 696. " But the House cannot recede insist on itsamendlment with from or insist on its own amendment with an amendment. amendment, but * * may amend other They may modify an amendment from the other ousme t. amend- houseby ingraftin g a,n amendment on it."-l-Mfaual, p. 126. an amotientoment'"A motion to amend an amendment from the other other house, house takes precedence of a motion to agree or disagree. APPEAL. 13 A bill originating in one house is passed by the other One house may amend the other's with an amendment. The originating house agrees to amendment to its amendment. their amendment with an amendment. The other may agree to their amendment, with an amendment, that being only in the second and not the third degree; for, as to the amending house, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to."7 —Ibid., p. 123. "In the ordinary parliamentary course there are two Twoconferences at leastbefore adfree conferences, at least, before an adherence." —Manual, herence. p. 126; Journals, 1, 34, p. 943 > 1, 35, p. 1136. Although either house is free to pass over the term of insisting and But House may adhere in first into adhere in the first instance; but it is not respectful stance, but motion to insist to the other.-llanuual, p. 126. A motion to insist, how- takesprecedence. ever, takes precedence of a motion to adhere.-Journal, 1, 34, pp. 1518, 1526. (See. CONFERENCE COMMITTEES.) After one House has adhered, the other may recede — by one house. Journals, 1, 1, pp. 113, 114; 1, 2, p. 152; 1, 8, pp. 671, 673or ask a conference, which may be agreed to by the adhering house.-Journcls, 1, 1, pp. 156, 157; 1, 3, pp. 281, 283; 1, 35, pp. 604, 615, 620.-(See ADHERE, MOTION TO.) APPEAL. "A question of order arising out of any other question Question of order arising out of must be, decided.before that question." —~Manual, P. 105. another question to he decided Questions of order decided by the Speaker shall be firt. " subject to an appeal to the House by any two members; derse lative to on whichc appeal no member shall spea'k more thaln once, ~motions, their on which appeal no member shall speak more than once relevancy, &c, subject to. unless by leave of the House." —Rule 2. [The questions of Debttte on. order herein referred to relate to motions or propositions, their applicability or relevancy, &c. —ote to Rule. 2.] But,' all incidental questions of order arising after a When not d(o batable. motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate." —Rule 133. [So, too, under the practice, all questions of order which may arise, pending a question which is not debatable, must be decided without debate.] And " all questions relating to the priority of business to be acted on shall be decided without debate.Y-Rule 66. 14 APPEAL. In caseofmem- a"If any member, in speaking or otherwise, transgress ber transgressing rules in spetking the rules of the House, the Speaker shall, or any member or indecorum. may, call to order; in which case the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the Not debatable. case, but without debate." —Rule 61. [The call to order herein referred to has reference only to;" transgressions of the rules in speaking,'' or to indecorum of any kind.] (See ORDER.) No appeal on " If any difficulty arises in point of order during the point of order duringadivision. division, the Speaker is to decide peremptorily, subject to the future censure of the House, if irregular." —Mannal, p. 122. bMay b laid on An appeal may be laid on the table-Journal, 1, 26,p. table, and its efb a h U p. fect. 529-and being laid on the table does not carry with it the whole subject. —Ibid., p. 530. [Of late years this motion is almost invariably made in case of an appeal; and if carried, its effect is considered equivalent to a vote sustaining the decision of the Chair.] Where too late It is too late to renew a question of order on the admisto raise the question of order. sibility of a proposition which has been overruled on the preceding day, where debate has been allowed to progress on such proposition.-Journal, 1, 30, p. 989. And it is also too late to raise a question of order on a motion entertained without objection on a former day, and entered on the journal. —bid., 2, 30, p. 382; 1, 38, p. 538. Question just A question of order just decided on appeal cannot be decided on, cannotberenewed. renewed, even upon the suggestion of additional reasons.-lbid., 1, 32, p. 935. Where too late Where an appeal has been decided, and by virtue of to reconsider vote on appeal. such decision a bill taken up and passed, it is too late to move a reconsideration of the vote on the appeal. —lbid. 1, 31, pp. 860, 861. Pendingtheelec- Pending the election of a Speaker, the Clerk shall tion of Speaker, Clerk to decid decide all questions of order that may arise, subject to uestiens of orier. appeal to the House.-Rule 146. Not in order An appeal is not in order while another appeal is pendl. while another is pending. ing.-Cong. Globe, 1, 27, p. 154; 2: 29,. 290. How questionls [The form of stating the question on an appeal is on, stated. APPROPRIATION BILLS. 15 I' Shall the decision of the Chair stand as the judgment of the House?"J " All questions of order shall be noted by the Clerk, Questions of order to be noted with the decision, and put together at the end of the and putat end of journal of every session." —Rule 15. APPROPRIATION ~BILLS. "4 It shall be the duty of the Committee on Appropria- Gbeneral, when tions, within thirty days after their appointment, at every session of Congress, commencing on the first Monday of December, to report the general appropriation bills for legislative, executive, and judicial expenses; for sundry civil expenses; for consular and diplomatic expenses; for the Army; for the Navy; for the expenses of the Indian Department; for the payment of invalid and other pensions; for the support of the Military Academy; for fortifications; for the service of the Post Office Department, and for mail transportation by ocean steamers; or, in failure thereof, the reasons of such failure. And said committee shall have leave to report General,maybe reported at any said bills (for reference only) at any time. In alltime. cases where appropriations cannot be made specific in Amoint of appropriations in, amount the maximum to be expended shall be stated, must be stated. and each appropriation bill when reported from the committee shall, in the concluding clause, state the sum total of all the items- contained in said bill." —Rule 77. "In preparing bills of appropriation for other objects, Appropriations for carrying out the Committee on Appropriations shall not include appro- treaties not to be included in. priations for carrying into effect treaties made by the United States; and when an appropriation bill- shall be referred to them for their consideration which contains appropriations for carrying a treaty into effect, and foi other objects, they shall propose such amendments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropriations for other objects." —Rule 76. But where a general appropriation bill containing an But where com. mitted cannot be item for carrying out a treaty has been committed by the ruledoutoforder. House, it cannot be ruled out of order by the Committee,f the Whole. —Cong. Globe, 2, 31, pp. 356, 357. 16 APPROPRIATION BILLS. Amendment to "4 NO appropriation shall be reported in such general general. appropriation bills, or be in order as an amendment thereto, for any expenditure not previously authorized by law, unless in continuation of appropriations for such public works and objects as are already in progress, and for the contingencies for carrying on the several Departments of the Government." —Rule 120. [It has been decided that under this rule it is not in order to propose an amendment to a general appropriation bill, which changes an existing law.-Journal, 1, 38, pp. 98, 599. But it was also decided that the latter branch of the rule not only permitted amendments increasing salaries, but was framed for that very purpose.-See Cong. Globe, vol. 54, pp. 306, 325-also Cong. Globe, vol. 6, p. 224.] [This rule is rigidly enforced, so far as relates to amendments offered in the House or in committee, but it not unfrequently happens that bills are reported which are in conflict with it; and as they are usually received by the House and committed without being read inv extenso, the conflict is not discovered until they are considered in committee, when it is too late (unless it is reserved in the [Iouse) to make the point.] Allproceedings "All proceedings touching appropriations of money touching, to be firstdiscussed in shall be first discussed in a Committee of the Whole Committee of the Whole. House." —Rule 112. [The construction given to this rule is, that all bills, or amendments thereto, containing an appropriation of money, must be committed to a Committee of the Whole before being considered in the House; hence, if such a bill, on its engrossment, or third reading, or such an amendment, be pending before the House, and no motion is made to commit or postpone, the House must pass from its consideration, and the bill go to the Speaker's table. But House bills with Senate amendments reducing the amount of, or restricting appropriations, need not be committed.] Billswhichneed But a bill directing the disbursement of money already not be committed as. appropriated —Journal, 1, 24,p. 254-or directing payment of money hereafter to be appropriated-Journal, 1, 317 p. 1216; 17 38, p. 538 —need not be committed. Neither is it necessary that a bill containing an appropriation of lands should be committed.-Journal, 1, 30, p. 526. And APPROPRIATIONS, COMMITTEE ON. 1.7 when the rules have been suspended for the purpose of When point of order on, cannot enabling the report of a measure to be made, and also boe well taken. for its consideration, a point of order that it contains an appropriation cannot be well taken.-Journal, 1, 34, pp. 1172, 1173. " General appropriation bills shall be in order in pre- Preferencegiven ference to any other bills of a public nature, unless other- tHouse. in the wise ordered by a majority of the House. And the iHouse may, at any time, by a vote of a majority of the General,maybe members present, make any of the general appropriation der at any time. bills a special order."-Rule 119. "And in Committee of the Whole House on the state Preference given to general in of the Uniion, general appropriation bills, and, in time of Committee of the -"'hole. war, bills for raising men and money, and bills concerning a treaty of peace, shall be preferred to all other bills, at the discretion of the committee; and when demanded by any member, the question (of consideration) shall first be put in regard to them."' —Rule 114. [Existing special orders, however, (being made under a suspension of the rules,) take precedence of all other business.] [In the consideration of general appropriation bills, the bCteuated of, to clauses are invariably treated as sections in other bills.] tions. 4" Upon the engrossment of any bill making appropria- Division of the *-no * {, question on, for tions of money for works of internal improvement of any tionternal improvements. kind or description, it shall be in the power of any member to call for a division of the question, so as to take a separate vote of the House upon each item of improvement or appropriation contained in said bill, or upon such items separately, and others collectively, as the members making the call may specify; and if one-fifth of the members present second said call, it shall be the duty of the Speaker to make such divisions of the question, and put them to vote accordingly."-Rule 121. APPROPRIATIONS, COMMITTEE ON. This committee, to consist of eleven members, is directed Itsn umber, and I 7 when appointed. to be appointed at the commencement of each Congress.Rule 74. Its duty shall be to take into consideration all Duties of. executive cbmmunications, and such other propositions in regard to carrying on the several departments of the B D 2 18 AYES AND NOES-BALLOT. Government, as may be presented and referred to them by the House. In preparing bills of appropriations for other objects, the said committee shall not include appropriations for carrying into effect treaties made by the United States; and where an appropriation bill shall be referred to them for their consideration, which contains appropriations for carrying a treaty into effect and for other objects, they shall propose such amendments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropriations for other objects.-Rule 76. It shall also be the duty of the said committee, within thirty days after their appointment, at every session of Congress commencing on the first Monday of December, to report the general appropriation bills for legislative, executive, and judicial expenses; for sundry civil expenses; for consular and diplomatic expenses; for the Army; for the Navy; for the expenses of the Indian department; for the payment of invalid and other pensions; for the support of the Military Academy; for fortifications; for the service of the Post Office Department and for mail transportation by ocean steamers; or in failure thereof, the reasons of such failure. And said committee shall have leave to report said bills (for referAmornt in ap- ence only) at any time. In all cases where appropriapropriation bills to be stated. tions cannot be made specific in amount, the maximum to be expended shall be stated, and each appropriation bill, when reported from the committee, shall in the concluding clause state the sum total of all the items contained in said bill.-Rule 77. Reasons to be In reporting the reasons above referred to, the report reported in writing. must be in writing.- Congressional Globe, 1, 31, pp. 1207,' 8. AYES AND NOES. (See YEAS AND NAYS.) BALLOT. wVhen commit- "All committees shall be appointed by the Speaker. tees are to be ap-.pointed by. unless otherwise specially directed by the House, in which case they shall be appointed by ballot; and if, upon such ballot, the number required shall not be BANKING AND CURRENCY, COM. ON-BAR OF HOUSE. 19 elected by a majority of the votes given, the House shall proceed to a second ballot, in which a plurality shall prevail; and in case a greater number than is required to compose or complete a committee shall have an equal number of votes, the House shall proceed to a further ballot or ballots." —Rule 67. " In all other cases of ballot than for committees, a majority of the votes given shall be necessary to an election; and where there shall not be such a majority on the first ballot, the ballots shall be repeated until a nlajority be obtained; and in all ballotings blanks shall be rejected, and not taken into the count in enumeration of votes, or reported by the tellers." -Rule 12. " In all cases of ballot by the House, the Speaker shall SPeIakor sshl vote." Rule 7. "No member or other person shall visit or remain by No person to visit Clerk's desk the Clerk's table while ballots are counting.' —Rule 65. while counting. [There has been no instance for many years where a Vote of late years not taken vote by ballot has been taken in the House, the Speaker by. and other officers having been elected by viva voce votes, and the committees appointed by the Speaker.] (See ELECTIONS and COMMITTEES.) BANKING AND CURRENCY, COMMITTEE ON. This committee, to consist of eleven m embers, is directed Its number, and to be appointed at the commencement of each Congress. — appoited. Rule 74. Its duty shall be to take into consideration all Its duty. propositions relative to banking and the currency as shall be presented or shall come in question and be referred to them by the House, and to report thereon by bill or otherwise. BAR OF THE HOUSE. " No member shall vote in any case where he was not In order to vote, within the bar of the House when the question was put. "within the bar." When the roll-call is completed, the Speaker shall state that any member offering to vote does so upon the assurance that he was within the bar before the last name on the roll was called: Provided, hotwever, That any mem 20 BILLS. ber who was absent by leave of the House may vote at any time before the result is announced." —Rule 29. Smoking pro- Smoking is prohibited within the bar of the Hlouse.hibited within the bar. Rule 65. by hatismeant [At the 1st session 35th Congress, (seeJotrnal,p. 337,) soon after the occupancy of the present hall, it was decided that, in order to be entitled to vote, a member must have been upon the floor of the hall, and not outside of any of the doors leading into it.] No vote of a "Upon a division and count of the House on any thembaer counted question, no member without the bar shall be countecl."R2ule 30. BILLS. (See also PRIVATE BILLS AND PRIVATE BUSINESS.) ~How bills are Every bill shall be introduced on the report of a comintrodnoed. mittee, or by motion for leave-Rule 115-or upon the report of the Court of Claims.-(Stat. at Large, Vol. X, pp. 613, 614.) Revenue bills.'"All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amendments, as on other bills."-Const., 1, 7, 10. Bills on leave. "In the case of a bill on leave, at least one day's notice shall be given of the motion in the House, or by filing a memorandum thereof with the Clerk, and having it entered on the Journal; and the motion shall be imade and the bill introduced, if leave is given, when resolutions are called for; such motion, or the bill when introIn relation to duced, may be committed. But the Speaker shall not entertain a motion for leave to introduce a bill or joint resolution for the establishment or change of post routes, and all propositions relating thereto shall be referred, under the rule, like petitions and other papers, to the appropriate comiittee." —Rule 115. Bills on leave, "All the States and Territories shall be called for bills when and how iiitroduced. on leave and resolutions every Monday during each session of Congress; and, if necessary to secure the object on said days, all resolutions which shall give rise to debate shalli lie over for discussion, under the rules of the House already established; and the whole of said days shall be appropriated to bills on leave and resolutions, until all BILLS. 21 the States and Territories are called through. And the Vhat bills not Speaker shall first call the States and Territories for bills toack by moton on leave; and all bills so introduced during the first hour to reconsider. after the Journal is read shall be referred, without debate, to their appropriate committees: Provided, however, That *a bill so introduced and referred, and all bills at any time introduced by unanimous consent and referred, shall not be brought back into the House upon a motion to reconsider.'-Rule 130. (See MORNING HouR ON MONDAYS.) [The notice above referred to is rarely given in the House, (it being in order to give it there only when resolutions are in order,) but is usually given to the Clerk by sending to him a written memorandum in this form: "Mr. ~- gives notice that to-morro.w, or on some sub- Form of notice sequent day, he will ask leave to introduce a bill (here insert its title.") If the member desires his notice to To have notice -ppear in news. appear in the newspaper report of the proceedings of the paper. HIouse, he should furnish the reporter of such paper with a copy of the memorandum furnished the Clerk. Having given his notice, it is then in order, on any subsequent day, when bills on leave and resolutions are being called fohen to move for, and when his particular State is called, to move for leave to introduce his bill. The practice of introducing Objections to tie practice of inbills on leave, it may be remarked, however, does not troucing bills on facilitate business. If, instead of waiting for an opportunity to introduce his bill on leave, the member would file his petition, or whatever other matter he may have in favor of the proposed legislation, and have it referred to the appropriate committee, as he may do on any day, under Rule 131, (see PETITIONS,) he will thus have the subject before them, and will get a bill reported as speedily as if it had been originally referred. Besides, the bill thus reported comes before the House unencumbered with amendments, as is not likely to be the case with a bill previously referred. These suggestions, of course, do not apply to cases where the immediate passage of a bill, without the intervention of a committee, is sought for,:r where it is desirable to refer it to a select committee.] For information in regard to bills reported from a com- Bills reported from committees. mittee, see COMMITTE]S. 22 BILLS. Bills reported So in regard to bills reported from and to be referred from Court of Claims. to the Court of Claims.-See CLAIMs, COURT OF. Every bill shall Every bill shall receive three several readings in the have three readings. House previous to its passage; and bills shall be dispatched in order as they were introduced, unless where the House shall direct otherwise; but no bill shall be twice read on the same day without special order of the iHose." —-Rule 116. [The " special order" here referred to is generally assumed to have been given, for unless objection is made, immediately after the bill is read a first time, the Speaker announces "'the second reading of the bill," and it thereupon receives its second reading.] Objection after The first reading of a bill shall be for information, and first. rading. if opposition be made to it, the question shall be: "' Shall this bill be rejected " —Rule 117. And this question is debatable.-Journal, 2, 32, p. 152. But " if no opposition be made, or if the question to reject be negatived, the Secondreading. bill shall go to its second reading without a question."Rule 117. Usuallyreadby [The three readings of a bill are usually by the title, their title. the readings throughout usually taking place in Committee of the Whole; but where there is no commitment, it then takes place whenever it is proposed to put the bill on its passage. It is the undoubted right, however, of P.ightofamem- any member to have a bill read through at every stage bers to have read through. of its progress through the House.-See READING OF PAPERS.] After second'4Upon the second reading of the bill. the Speaker reading. shall state it as ready for commitment or engrossment; and, if committted, then a question shall be, whether to a select or standing committee, or to a Committee of the Whole House; if no motion be made to commit, the question shall be stated on its engrossment; and if it be not ordered to be engrossed on the day of its being reported, it shall be placed on the general file on the Speaker's table, to be taken up in order. But if the bill be ordered to be engrossed, the House shall appoint the day when it shall be read the third time."-Rule 118. Open to debate, [The settled practice of the House upon the second;&c..reading of a bill, unless it be an APPROPRIATION BILL, BILLS. 23 (which see,) is to consider it as open to debate,] when, under the 42d Rule, it is in a condition for a motion to Commitment. lie on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone inde- Amendment. finitely, which several motions take precedence in the order in which they are arranged. "But a motion to Enaotingwords may be stricken strike out the enacting words of a bill shall have prece- out. dence of a motion to amend; and, if carried, shall be considered equivalent to its rejection."-Rule 123. (See all of said motions respectively.) [The question of engrossment is put in this form, viz: Engrossmentand " Shall the bill be engrossed and read a third time?" If t it be negatived, the bill is rejected; but if it be decided in the affirmative, and the bill is actually engrossed, or no question is made on its failure to be engrossed, the Speaker immediately directs ";the third reading of the bill." But if the question is made, and it be not actually engrossed, the bill goes to the Speaker's table. In the case of a Senate bill, the engrossment having already Third reading been made before it came to the House, the question of Senate bills. which arises is, " Shall the bill be read a third time " which being decided negatively the bill is rejected, but being decided affirmatively the bill is immediately read a third time.] [Where the bill has a preamble, although there is no In case of a bill rule, and until lately no settled practice, defining the stage with a preaml)le. at which it is to be considered, it would seem to be most appropriate that its consideration should take place after the bill has been ordered to be engrossed and read a third time, and before the third reading takes place.'By this course, the bill can be engrossed either with or without the preamble, as the House shall have determined.] [After the third. reading of a bill, the question which Afterthirdreadnext arises in course is, " Shall the bill pass?" At this ing. stage the bill is again open to debate, but is not amend- Debate. able; it may, however, under the 124th Rule, be recom- Recommitment. mitted at any time before passage.-(See RECOMMIT, MOTION TO.)] [The bill having passed, and the title having been After passage. read, the Speaker states, "If there be no objection this 24 BILLS. Title. will remain the title of the bill." The title, however, is subject to amendment, and, unless the previous question is ordered on it, is also debatable.]' After title dis- [After the title is disposed of, it is usual for the memposed of. ber having charge of the bill to move " that the vote last taken be reconsidered, and that the motion to reconsider be laid on the table;" which latter motion having been decided in the affirmative, no reconsideration can take place, and the transmission of the bill to the Senate cannot be delayed. Indeed, it is not uncommon to make motion to re- the motion 4' to reconsider and lie " at every stage of the consider and lie. bill.] Certifie td akby The bill is then, as required by Rule 127, " certified by to the Senate. the Clerk, notifying the day of its passage at the foot thereof," and conveyed by him to the Senate, " together with all the papers on which it is founded," as required Not tobe taken by Joint Rule 14. But " no bill that shall have passed to the Senate on last three d(lays of one house shall be sent for concurrence to the other on session. either of the last three days of the session." —Joint Rule 16. [This rule is almost invariably suspended by the two houses near the close of a session.] To be on paper, "; While bills are on their passage between the two when on passage between the two houses, they shall be on paper, and under the signature houses. of the Secretary or Clerk of each house respectively."Joint Rule 5. After the re- [After the bill has been acted on by the Senate, it is turn of, from Senate, with amend- brought back to the House by the Secretary of the Senment. ate, together with a report of their action thereon. If it has passed with amendment, it is placed on the Speaker's table, to be taken up in its order under the 54th Rule. Action on Sen- When taken up, the amendment of the Senate nmay be ate amendment to. either agreed to, disagreed to, or agreed to with amendment; in case of an appropriation of money being involved in the amendment, however, it must be first considered in a Committee of the Whole. When the Sen- If the amendment of the Senate is agreed to, that body ateaniendment is agreed to. is notified of the fact by message through the Clerk, and the bill is enrolled.] BILLS. 25 In case of disagreement by the House to, or amend- Amendments between the ment of, the Senate's amendment, see AMENDMENTS houses. BETWEEN THE HOUSES and CONFERENCE COMMITTEES. "After a bill shall have passed both houses, it shall After passage by both houses, be duly enrolled on parchment by the Clerk of the House to be enrolled on of Representatives or the Secretary of the Senate, as the parchment. bill may have originated in the one or the other house, before it shall be presented to the President of the United States."-Joint Rule 6. "When bills are enrolled, they shall be examined by Whenx erolled, to be examined. a joint committee of two from the Senate and two from the House of Representatives, appointed as a standing committee for that purpose, who shall carefully compare the enrollment with the engrossed bills, as passed in the two houses, and, correcting any errors that may be discovered in the enrolled bills, make their report forthwith to their respective houses."-Joint Rule 7. (See ENROLLED BILLS, COMMITTEE ON.) "After examination and report, each bill shall be signed When exam. ined, to be rein their respective houses, first by the Speaker of the ported to House and signed by House of Representatives, then by the President of the Speaker. Senate."-Joint Rule 8. "After a bill shall have been thus signed in each house, After being signed by presi. it shall be presented by the said committee to the Presi- dingofficers,tobo dent of the United States for his approbation, it being pidrent. first indorsed on the back of the roll, certifying in which house the same originated; which indorsement shall be signed by the Secretary or Clerk (as the case may be) of the house in which the same did originate, and shall be entered on the Journal of each house. The said committee shall report the day of presentation to the Presi dent, which time shall also be carefully entered on the Journal of each house."-Joint Rule 9. But " no bill or But not on last day of session. resolution that shall have passed the House of Representatives and the Senate shall be presented to the President of the United States for his approbation on the last day of the session." —Joint Rule 17. [This rule, like the 16th, is generally suspended near the close of the session.l 26 BILLS. Afterbeingpre. After a bill is presented to the President, " if he approve sented to President. he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have origiWhere bill is nated." —Const., 1, 7, p. 10. [Where the President apapproved. proves a bill, it is customary for him to notify the house where the bill originated of the fact, and the date of his approval, which is entered on the Journal.] When an act has been approved by the President the tIsual number of copies shall be printed for the use of the House. —Rule 157. And messages from the President giving notice of bills approved shall be repeated from the Clerk's desk forthwith. -Rule 158. Where vetoed. In case of a bill returned with the objections of the President, see VETO. Where not re- "If any bill shall not be returned by the President turned within ten days. within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law."-Const., 1, 7, p. 10. Where a bill is allowed to become a law by reason of the failure of the President to return the same, it is usual for him to notify the House of that fact, as in the case of approval.Where Presi- Journals, 2, 36, pp. 424, 480; 2, 39, p. 479. And where dent is prevented 1rom retlluring he is prevented by an adjournment from returning a bill, journment. a it is usual for him to communicate his reasons at the next session for not approving it.-Journals, 2, 12, p. 544; 1, 30 p. 82; 2, 35, p. 151. wThere bill of 14 When a bill or resolution which shall have passed in one house is rejected in the one house is rejected in the other, notice thereof shall be other. given to the house inwhich the same shall have passed.' — Not to be Joint Rule 12. And when so rejected, "it shall not be brought in again without leave of brought in during the same session, without a notice of ten days and leave of two-thirds of that house in which it shall be renewed." —Joint Rule 13. Billsundisposed In regard to bills left undisposed of at the end of a of at end of session. session, see UNFINISHED BUSINESS. Printing of. In regard to the printing of bills, see PRINTING, PUBLIC. BINDING —-BLANK BOOKS-BLANKS-BOND. 27 BINDING. Extra copies of documents, the size of which shall Of extra copies not be less than 250 pages, shall be bound under the direction of the Committee on Printing on the part of the Inous, at a cost not exceeding 12J cents per volume." —Act of March 3, 1853. —Stat. at Large, Vol. X, p. 190. " The Clerk shall have preserved for each member of Of session doe. uments. the House an extra copy, in good binding, of all the documents printed by order of either house at each future session of Congress." —Rule 18. By the joint resolution of June 23, 1860, the Superin- Superintendent tendent of Public Printing is directed to have the binding ing to have executed. of each house executed.-Stait. at Large, Vol. XII, p: 117 to 120. (See PRINTING, PUBLIC.) BLANK BOOKS. All the blank books ordered by Congress, or by either To be furnished e by SuperintendHouse of Congress, shall be done and executed under the ent of Public Superintendent of Public Printing.-Stat. at Large, Vol. Printing. XII -p. 118. BLANKS. "In filling up blanks, the largest sum and longest time Hrw filled. shall be first put."-Rule 50. [But where a specific time or sum stands part of a motion, it is not until it is struck out, and a blank thereby produced, that this rule can begin to operate.] "A bill passed by the one House with blanks. These Left by one house, mnay be may be filled up by the other by way of amendments, filledbytheother. returned to the first as such, and passed." —Manual, p. 111. "In all ballotings blanks shall be rejected, and not Nottobecounttaken into the count in enumeration of votes, or reported by the tellers."-Rule 12. BOND. The Sergeant-at-Arms shall give bond, with surety, Of Sergeant-atto the United States, in a sum not less than five nor 28 BOOKS -BRIBERY. more than ten thousand dollars, at the, discretion of the Speaker, and with such surety as the Speaker may approve, faithfully to account for the money coming into his hands for the pay of members."-Rule 26. Of Clerk. The Clerk shall, within thirty days after he enters upon the duties of his office, give bond to the United States, with one or more sureties, to be approved by the Comptroller of the Treasury, in the penal sum of twenty thousand dollars, with condition for the faithful application and disbursement of the contingent fund of the House."Stat. at Large, Vol. III, p. 212. BOOKS. Price of, re- "iIf any books shall hereafter be ordered to and received by mem- c b bers, to be de- ceived by members of Congress by a resolution of either pensadtifrm con. or both houses of Congress, the price paid for the same shall be deducted from the compensation provided for such member or members: Provided, howcver, That this shall not extend to books ordered to be printed by the Public Printer during the Congress for which the said member shall have been elected."-Stat. at Large, Vol. XI;'p. 49. BRIBERY. Attempted, of An offer to bribe a member is held to be a breach of member, breach of privilege. the privileges of the Hlouse. —Journals 1, 4, p. 389; 1, 15, p-p. 117, 154; Manual, p. 59. Of members of By the act of February 26, 1853, it is provided " that Congress. if any person or persons shall, directly or indirectly, promise, offer, or give, or cause or procure to be promised, offered, or given, any money, goods, right in action, bribe, present, or reward, or any promise, contract, undertaking, obligation, or security for the payment or delivery of any money, goods, right in action, bribe, present, or reward, or any other valuable thing whatever, to any member of the Senate or House of Representatives, after his election as such member, and either before or after he shall have qualified and taken his seat, or to any officer of the United States, or person holding any place of profit or trust, or discharging any official functions under or BUSINESS- DAILY ORDER OF. 29 in connection with any department of the Government of the United States, or under the Senate or iHouse of Representatives of the United States, with intent to influ- Of employ6s of the House. ence his vote or decision on any question, matter, cause, or proceeding which may then be pending, or may by law, or under the Constitution of the United States, be brought before him in his official capacity, or in his place of trust or profit, and shall be convicted thereof, such person or persons so offering, promising, or giving, or causing or procuring to be promised, offered, or given, any such money, goods, right in action, bribe, present, or reward or any promise, contract, undertaking, obligation, or security for the payment or delivery of any mnoney, goods, right in action, bribe, present, or reward, or other valuable thing whatever; and the member, officer, or person Acceptance of who shall in any wise accept or receive the same, or any part thereof, shall be liable to indictment, as for a high crime and misdemeanor, in any court of the United States having jurisdiction for the trial of crimes and misdemleanors, and shall, upon conviction thereof, be fined not ex- Penalty for. ceeding three times the amount so offered, promised, or given, and imprisoned in a penitentiary not exceeding three years; and the-person convicted of so accepting or receiving the same, or any part thereof, if an officer or person holding any such place of trust or profit as aforesaid, shall forfeit his office or place; and any person so convicted under this section shall forever be disqualified to hold any office of honor, trust, or profit under the United States."-Stat. at Large, Vol. X1, p. 171. BUSINESS-DAILY ORDER OF. "' The Speaker shall take the chair every day precisely Reading of the Journal. at the hour to which the House shall have adjourned on the preceding day; shall immediately call the members to order; and, on the appearance of a quorum, shall cause the Journal of the preceding day to be read."Rule 1. " The consideration of the unfinished business in which Unfinishedbusihess of preceding the House may be engaged at an adjournment shall be day considered. resumed as soon as the Journal of the next day is read, 30 BUSINESS-DAILY ORDER OF. and at the same time each day thereafter until disposed of."-Rule 56. Reportsof comrn "As soon as the Journal is read, and the unfinished mittees called for. business in which the House was engaged at the last preceding adjournment has been disposed of, reports from cofimittees shall be called for and disposed of; in doing which the Speaker shall call upon each standing committee in regular order, and then upon select committees; and if the Speaker shall not get through the call upon the committees before the House passes to other business, he shall resume the next call where he left off-giving preference to the report last under consideration: Provided, That whenever any committee shall have occupied the morning hour on two days, it shall not be in order for such committee to report further until the other committees shall have been called in their turn. [But this proviso does not prevent the House from occupying the morning hour on more than two days in the consideration of a report previously made.]-Rule 51.-(See MORNING HOURS ON MONDAYS.) Call of States " Reports from committees having been presented and and Territories for resolutions disposed of, the Speaker shall call for resolutions from andbills onlee. the members of each State and delegate from each Territory, beginning with Maine and the Territory last organized,' alternately; and they shall not be debated on the very day of their being presented, nor on any day assigned by the House for the receipt of resolutions, unless where the House shall direct otherwise, but shall lie on the table to be taken up in the order in which they were presented; and if on any day the whole of the States and Territories shall not be called, the Speaker shall begin on the next day where he left off the previous day: Provided, That no member shall offer more than one resolution, or one series of resolutions, all relating to the same subject, until all the States and Territories shall have been called.' -Rule 52. And at this time bills on leave may be introduced.-Rule 115. Businessonthe "After one hour shall have been devoted to reports Speaker's table. from committees, and resolutions, it shall be in order, pending the consideration or discussion thereof, to enter BUSINESS-DAILY ORDER OF. 31 tain a motion that the House do now proceed to dispose of the business on the Speaker's table, and to the orders of the day, which being decided in the affirmative, the Speaker shall dispose of the business on his table in the following order, viz: " 1st. Messages and other Executive communications. "2d. Messages from the Senate, and amendments proposed by the Senate to bills of the House.;" 3d. Bills and resolutions from the Senate on their first and second reading, that they be referred to committees and put under way; but if, on being read a second time, no motion being made to commit, they are to be ordered to their third reading, unless objections be made; in which case, if not otherwise ordered by a majority of the House, they are to be laid on the table in the general file of bills on the Speaker's table, to be taken up in their turn. "'4th. Engrossed bills and bills from the Senate on their third reading.;" 5th. Bills of the House and from the Senate, on the Speaker's table, on their engrossment, or on being ordered to a third reading, to be taken up and considered in the order of time in which they passed to a second reading. 1" The messages, communications, and bills on his table having been disposed of, the Speaker shall then proceed to call the orders of the day." —Rule 54. [The foregoing is the order of business which may be Mday be jiter-. pursued, under the rules, each day, except Fridays, Sa-t- fere t urdays, and Mondays; but it is often interfered with by questions of privilege, special orders, privileged questions, &c.] "Friday and Saturday in every week shall be set On Friday and Saturday, and apart for the consideration of private bills and private mode of proceedmod on those days, business, in preference to any other, unless otherwise determined by a majority of the louse."-Rule 128. [On those days, as soon as the Journal is read, and the unfinished business of the last private-bill day is disposed of, the Speaker proceeds to call the committees for reports of a private nature, which being disposed of, 32 BUSINESS-DAILY ORDER OF. it is his practice, without motion, to lay before the House such private business as may be upon his table. It is then usual for some member (commonly the chairman of the Committee of Claims) to move that the House resolve itself into a Committee of the Whole on the private cal. endar. This motion may be, and often is, made as soon as the Journal is read. Although it takes precedence of the motion to go into Committee of the Whole on the state of the Union, (unless there be a special order pending therein,) and, if made, must be first voted on, the latter motion is often made and carried, and thus private bills fail to receive consideration.] Firstandfourth "; On the first and fourth Friday and Saturday of each Fridays and Saturdays of the month the calendar of private bills shall be called over, month. (the chairman of the Committee of the Whole House commencing the call where he left off the previous day,) and the bills to the passage of which no objection shall then be made shall be first considered and disposed of. But when a bill is again reached, after having been once objected to, the committee shall consider and dispose of the same, unless it shall again be objected to by at least five members." —Rule 129. It has been decided that this rule, so far as relates to the consideration of bills only which are not objected to, applies as well to private bills in the House as in committee.-Journal, 1, 31 p. 697. OlMondaay, cll "All the States and Territories shall be called for bills for resolutions andbillsonleave. on leave and resolutions every Monday during each session of Congress; and, if necessary to secure the object on said days, all resolutions which shall give rise to debate shall lie over for discussion, under the rules of the House already established; and the whole of said.days shall be appropriated to bills on leave and resolutions, until all the States and Territories are called through. And the Speaker shall first call the States and Territories for bills on leave; and all bills so introduced during the first hour after the Journal is read shall be referred, without debate, to their appropriate committees: Provided, however, That a bill so introduced and referred shall not be brought back into the House upon BUSINESS -ON THE SPEAKER'S TABLE. 33 a motion to reconsider. And on said call joint resolu- Resolutions of State legislations of State and Territorial legislatures for printing and tures. reference may be introduced." —Rule 130.-(See MORNING HOUR ON MONDAYS.) On Monday of every week, at the expiration of one On every Monday, after one hour after the Journal is read, or earlier if the call Of hourhasexpired. States and Territories for bills and resolutions is concluded, the Speaker may entertain a motion to suspend the rules.-Rule 125. " The order of business, as established by the rules, Orderofbusiness only changed by shall not be changed, except by a vote of at least two- tw6-thirds vote. thirds of the members present."-Rule 145. BUSINESS-ON THE SPEAKER'S TABLE. "After one hour shall have been devoted to reports When motion may be made to from committees and resolutions, it shall be in order, go to. pending the consideration or discussion thereof, to entertain a motion that the House do now proceed to dispose of the business on the Speaker's table." —Rule 54. [The " hour "-known as the " morning hour" —is construed to When morning begin from the announcement by the Speaker to the hourbegins House that reports of committees are in order, and it is not necessary that resolutions shall have been called for. It is an invariable practice, too, to permit a member, upon the expiration of the morning hour, to take the floor, even though another may be occupying it, to Floor may be taken from memmake the motion to proceed to business on the Speaker's her to make motable.] tion. 1" The motion to go to business on the Speaker's table Order of dis. being decided in the affirmative, the Speaker shall dis- osing of. pose of it in the following order, viz: "1 ist. Messages and other Executive communications. 4"2d. Messages from the Senate, and amendments proposed by the Senate to bills of the House. "'3d. Bills and resolutions from the Senate on their first and second reading, that they be referred to committees and put under way; but if, on being read a second time, no motion being made to commit, they are to be ordered to their third reading, unless objection be made; in which case, if not otherwise ordered by a majority of B D 3 34 CALL OF THE HOUSE. the House, they are to be laid on the table in the general file of bills on the Speaker's table, to be taken up in their turn. "4th. Engrossed bills and bills from the Senate on their third reading.;" 5th. Bills of the House and from the Senate on the Speaker's table, on their engrossment, or on being ordered to a third reading, to be taken up and considered in the order of time in which they passed to a second reading. "The messages, communications, and bills on his table having been disposed of, the Speaker shall then proceed to call the orders of the day." —Rule 54. Weekly state-;"The Clerk shall malze a weekly statement of the resonent of, on table. lutions and bills upon the Speaker's table." —Rule 19. [A printed copy of this statement is laid upon each member's table every Monday morning.] BUSINESS-UNFINISHED AT END OF A FIRST SESSION. Bills, resolu- "After six days from the commencement of a second tions, and reports to be resumed af- or subsequent session of any Congress, all bills, resoluter six days. tions, and reports, which originated in the House, and at the close of the next preceding session remained undetermined, shall be resumed and acted on in the same Before commit- manner as if an adjournment had not taken place. And tees, to be resumed as though all business before Committees of the House at the end no adjournment. of one session shall be resumed at the commencement of the next session of the same Congress, as if no adjournment had taken place." —Rule 136. [And by the 21st Joint Rule the resumption of all undisposed-of bills, resolutions, and reports, which originated in either house, is in like manner provided for. The word "resolutions" in the foregoing rule has been invariably held to apply to "I Joint Resolutions" only.] CALLS ON THE PRESIDENT AND DEPARTMENTS. (See PRESIDENT and EXECUTIVE DEPARTMENTS.) CALL OF THE HOUSE. Lessthanaquo- By the Constitution of the United States a smaller,rum may be authorized to com- number than a quorum of each house "may be author. ipel attendance. CALL OF THE HOUSE. 35 ized to compel the attendance of absent members in such manner and under such penalties as each house may provide." —Const., 1, 5, p. 8. "' Any fifteen members (including the Speaker, if there Fifteen members authorized be one) shall be authorized to compel the attendance oftocompelttend absent members." —Rule 34. But where less than that aneebutnotless. numnber are present a motion for a call cannot be entertained.-Journal 1, 28, p. 885. "A call of the House shall not be in order after the Unless no quo. rum, not in order previous question is seconded, unless it shall appear, after previous question is see, upon an actual count by the Speaker, that no quorum is onded. present." —Rule 132. A call of the House may be moved before the Jour- In order before the Journal is nal is read, if no quorum is present. —Journal, 1, 34, p. read, if no quo1253. rum present. "Upon calls of the House, the names of the members Proceedings in shall be called over (alphabetically-Rule 35) by the se of. Clerk, and the absentees noted. After which the names Rolltobecalled twice. of the absentees shall again be called over. The doors Doors shut. shall then be shut, and those for whom no excuse or Excuses received. insufficient excuses are made, may, by order of those Orderforarrest present, if fifteen in number, be taken into custody as ofabsentees, &c. they appear, or may be sent for and taken into custody wherever to be found, by special messengers to be appointed for that purpose."-Rule 36. [The order of arrest is not usually made by the House Orderof arrest, when usually unless a quorum cannot otherwise be obtained; and upon made. the appearance of a quorum, a motion is usually made and carried that " all further proceedings in the call be Call may be dispensed With at dispensed with;" and this motion is held to be in order anytime. at any period of the proceedings. The order for arrest is usually in this form, viz: " That the Sergeant-at-Arms Form of order take into custody and bring to the bar of the House, of arrest such of its members as are now absent without the leave of the House;" and, upon its adoption, a warrant, under Issue of warthe hand and seal of the Speaker, and attested by therat Clerk. with a list of the absentees thereto attached, is immediately placed in the hands of the Sergeant-at-Arms. Upon his appearance with membeis under arrest, he is announced at the bar of the House by the Doorkeeper, Return of warrant. 36 CAPITOL. whereupon he makes his return. The members brought Arraisgmentof in by him are then severally arraigned by the Speaker absent members. and interrogated by him as to what excuses they may have to offer for being absent from the sitting of the House without its leave.] House to deter- c" When a member shall be discharged froIn custody mine as to paymentoffees. and admitted to his seat, the House shall determine whether such discharge shall be with or without paying fees; and in like manner, whether a delinquent member, taken into custody by a special messenger, shall or shall not be'liable to defray the expense of such special mesFees against delinquent mem- senger."-Rule 37. In regard to the fees of Sergeant-atbers. Arms and special messenger, see SERG:EANT-AT-ARMS. Member must Until a member has paid the fees assessed against him, fees before e can be recog- he is not at liberty to address the Chair or make a quesnizod. ntion of order.-Journal, 1, 36, p. 1025. Recess not in It is not in order for the House to take a recess during order during. o a call of the House.-Journal, 1, 26, p. 843. [Indeed, no Onlytoadjourn motion, except to adjourn or with reference to the call, or wiih reference ed to callf is ever entertained during a call.] By an adjourn- [By an adjournment pending a call all proceedings in ment proceedings in, ordinarilyfal. the call are terminated; but where the House has previously passed an order specially directing otherwise, such special direction should doubtless be executed.-See Journal, 2, 27, p. 672.] CAPITOL. Speakerhascon- " The unappropriated rooms in that part of the Capitol trol over hall and otherrooms. assigned to the House shall be subject to the order and disposal of the Speaker until the further order of the House.'-RAule 5. The Speaker shall also "have a general direction of the hall."-Rule 5. And "no person shall be permitted to perform divine service in the chamber occupied by the House of Representatives unless with Hall not to be the consent of the Speaker." —Rule 6. The hall of the used except for legitimate busi- House shall not be used for any other purpose than the lness. legitimate business of the House, nor shall the Speaker entertain any proposition to use it for any other purpose or for the suspension of this rule: Provided, That this shall not interfere with the performance of divine ser CAPITOL. 37 vice therein under the direction of the Speaker, or with the use of the same for caucus mleetings of the members, or upon occasions when the House may, by resolution, agree to take part in any ceremonies to be observed therein.-Rule 155. No spirituous or malt liquors or wines shall be offered Spirituous liquors prohibited for sale, exhibited, or kept within the Capitol, or in any in, or grounds. room or building connected therewith, or on the public grounds adjacent thereto. And it shall be the duty of the Sergeants-at-Arms of the two houses, under the supervision of the presiding officers thereof, respectively, to enforce the foregoing provisions. And any officer or emplove of either house who shall in allny manner violate or connive at the violation of this rule shall be dismissed from office.-Joint Rule 19. By the act of Congress of May 2, 1828, Stat. at Large, The Vice-PresVol. IV, page 266, the Commissioner of Public Build- peketndo ptre. scribe rules for ings is directed to take chalge of and superintend the king, ~"" a public buildings: "And it shall be the duty of the Comr- groundS not in exclusive occumissioner of Public Buildings to obey such rules and pancy of either regulations as may, from time to time, be prescribed, jointly, by the presiding officers of the two houses of Congress, for the care, preservation, orderly keeping, and police of all such portions of the Capitol, its appurtenances, and the inclosures about it, and the public buildings and property in its immediate vicinity, as are not in the exclusive use and-occupation of either house of Congress; that it shall also be his duty to obey such Speaker to control the keeping rules and regulations as may be, from time to time, pre- of that part of, scribed by the presiding officer of either house of Con- unthse. of the gress for the care, preservation, orderly keeping, and police of those portions of the Capitol and its appurtenances which are in the exclusive use and occupation of either house of Congress, respectively." —(See SPEAKER.) By the act of March 2, 1867, the office of Commissioner Chief engineer of Public Buildings is abolished, and the Chief Engi- toave chargeof neer of the Army is directed to perform the duties required of said Commissioner; and the appointment Police of, to be of the police of the Capitol is conferred upon the Ser- geants-,at-Arms 38 CAPITOL. geants-at-Arms of the two houses.-Stat. at Large, Vol. XIV., p. 466. Also, certain By the act approved March 30, 1867, the Sergeants-atwatchmen.. Arms of the two houses are authorized to appoint the eight watchmen on the dome, at the stables, the gatekeeper, and watchmen of the grounds'surrounding the Rules and reg- Capitol, also three additional watchmen. And said Serulations in regard to. geants-at-Arms are also authorized to uniform and arm the Capitol police and watchmen, and to make such rules and regulations as they may deem necessary to preserve the peace and secure the Capitol from defacement, and for the protection of the public property therein; and shall have power to arrest and detain any person violating said rules until such person can be brought before the proper authorities for trial, without further order of Congress. —Stat. at Large, Vol. XV., pp. 11 & 12. Police, bywhom By the act of March 3, 1873, it is provided that the to be appointed and by wvhom appointment of the Capitol police shall hereafter be made suspended. by the Sergeants-at-Arms of the two houses, and the architect of the Capitol extension; and the captain of the Capitol force may suspend any member of said force, subject to the action of the officers above referred to.AS&at. at Large, Vol. XVIJ, p. 488. No statuary, By the act of July 20, 1868, it is provided that no statpaintings, &c., belonging to pri- uary, paintings, or other articles, the property of private vate individuals. to be exhibited indiVidUalS, shall thereafter be allowed to be exhibited in. in the rotunda, or any other portion of the Capitol building. —Ibid, p. 110. Improvements, By act of the same date, it is provided that no improverepairs, &c., of, can only be made ments alterations, or repairs of the Capitol building shall architection of be made, except by direction and under the supervision of the architect of the Capitol extension.-Ibid, p. 115. Tel egr a ph By the act of March 3, 1873, an appropriation is made Offces. t publi for connecting the Capitol by telegraph, to be used solely for public business with all the Departments of Government, and the Government Printing Office in the city of Washington: Provided, That the immediate connection of the wires with any of the public buildings shall be made under ground, or in such manner as not to injure the appearance of the Capitol or other public buildings. — Stat. at Large, Vol. XVII,p. 519. CHAIR-CHAPLAINS. 39 CHAIR. " The Speaker shall have a right to name any member Speaker m a y name person to to perform the duties of the Chair, but such substitution fill for the day. shall not extend beyond an adjournment." —Rule 5. (See SPEAKER PRO TEMPORE.) CHAIRMAN OF A STANDING COMMITTEE. (See COMMITTEES.) CHAIRMAN OF COMMITTEE OF THE WHOLE. A chairman to preside in Committee of the Whole Appointed by shall be appointed by the Speaker.-Rule 105. the Speaker. The chairman of the Committee of the Whole shall May cause galleries to be have power to order the galleries or lobby to be cleared cleared. in case of any disturbance or disorderly conduct therein.-Rule 9. He is also authorized to administer oaths or affirma- May administer tions to witnesses. —Stat. at:Large, Vol. I, p. 554. oaths (See also COMMITTEES OF THE WHOLE.) CHARGE IJPON THE PEOPLE. "No motion or proposition for a tax or charge upon No proposition the people shall be discussed the day on which it is made for, to be disor offered, and every such proposition shall receive its made, and must first discussion in a Committee of the Whole."-Rule 110. CHAPLAINS. The practice, which had prevailed for several years, Election of of the election by each House of a chaplain, who should chaplains d isopen their daily sessions with prayer, alternating weekly between the House and Senate, was suspended during the 35th Congress. At the first session of that Congress, a resolution was adopted by the House, which directed "' that the daily sessions of that body be opened with prayer, and requesting the ministers of the gospel ClergymeD denin this city to attend and alternately perform this solemnl erally invite to duty." —Journal, 1, 35, p. 58. The clergymen of Washington generally responded to this request, and for the remainder of the Congress performed the duty of chaplains. At the first session of the 36th Congress, the old Election of, repractice of the election of a chaplain by each House was revived, and it was at that time decided that a proposition to proceed to such election presented a question of privilege.-Journal, 1, 36, pp. 442, 443. 40 CLAIMI AGENTS —CLAI-MS, COURT OF. CLAIM AGENTS. House em- " No person shall be an officer of the House, or conbples shaell not tinue in its employment, who shall be an agent for the prosecution of any claim against the Government, or be interested in such claim otherwise than as an original claimant."-Rule 140. Stenographers;" No stenographer or reporter shall be admitted to the and reporters also prohibited reporters' gallery, or if admitted, be suffered to retain his seat, if he shall be or become an agent to prosecute any claim pending before Congress."-Rule 135. Members and Members of Congress are prohibited from acting as hibitemplbys pr claim agents for compensation paid or to be paid;' and from acting as. officers and employes of the House are prohibited from acting as claim agents, either with or without compensation, under the penalty, in either case, of a fine not exceeding five thousand dollars, or imprisonment in the penitentiary not exceeding one year, or both, in the discretion of the court.-Stat. at Large, Vol. X, p. 170. CLAIMS, COMMITTEE OF. When to be ap- A Committee of Claims, to consist of eleven members, pointed, and of what number. shall be appointed at the commencement of each Congress.-Rule 74. Duties of. " It shall be the duty of the Committee of Claims to take into consideration all such petitions and matters or things touching claims and demands on the United States as shall be presented, or shall or may come in question, and be referred to them by the House, and to report their opinion thereupon, together with such propositions for relief therein as to them shall seem expedient. "-Rule 78. Authorized to The Committee of Claims is authorized by resolution employ a clerk. of February 18, 1843, to employ a clerk.-Journal, 3, 27, p. 399. CLAIMS, COURT OF. Whenreportto By the act of 24th February, 1855, it was provided be made. that " the Court of Claims shall keep a record of their proceedings, and shall, at the commencement of each session of Congres, and at the commencement of each month during the session of Congress, report to Congress the cases upon which they shall have finally acted, stating in each the material facts which they find estab CLAIMS, COURT OF. 41 lished by the evidence, with their opinion in the case, and the reasons upon which such opinion is founded. Any judge who may dissent from the opinion of the ma- Dissentingopinjority shall append his reasons for such dissent to the report; and such report, together with the briefs of the solicitor and of the claimant, which shall accompany the report, upon being made to either house of Congress, shall be printed in the same manner as other public documents. And said court shall prepare a bill or bills in COirttoprepare those cases which have received the favorable decision thereof, in such form as, if enacted, will carry the same into effect. And two or more cases may be embraced in the same bill, where the separate amount proposed to be allowed in each case shall be less than one thousand dollars. And the said court shall transmit with the said reports the testimony in each case, whether the same Testimony to be shall receive' the favorable or adverse action of said court. reporte " The said reports, and the bills reported as aforesaid, Reports and bills to be conshall, if not finally acted upon during the session of Con- tnuned from session to session gress to which the said reports are made, be continued and Congress to from session to session, and from Congress to Congress, Congress. until they shall be finally acted upon; and the consideration of said reports and bills shall, at the subsequent session of Congress, be resumed and the said reports and bills be proceeded with in the same manner as though finally acted upon at the session when presented. " The claims reported upon adversely shall be placed Adverse reports. upon the calendar when reported, and if the decision of said court shall be confirmed by Congress, said decision shall be conclusive, and the said court shall not at any subsequent period consider said claims, unless such reasons shall be presented to said court as, by the rules of common law or chancery in suits between individuals, would furnish sufficient ground for granting a new trial."-Stat. at Large, Vol. X, pp. 613, 614. It shall be the duty of the Speaker of the House, within Court rooms to be provided. a reasonable time after the passage of this act, to appro e ded priate such rooms in the Capitol at Washington, for the use of said court, as may be necessary for their accommodation, unless it shall appear to the Speaker that such rooms cannot be appropriated without interfering with 42 CLAMS, COURT OF. the business of Congress; and in that event the said court shall procure at the city of Washington such rooms as may be necessary for the convenient transaction of their business.-Ibid., p. 614. Removal of The said court is required to make report in case of clerks to be reported. the removal of its clerks, with the cause of such removal, to Congress, if in session, or at the next session of Congress.-Ibid., p. 614. Jnudgments of, By the act of March 3, 1863, it is provided that the final, subject to. appeal to su-judgment of said court shall be final, with the right of pee Court. appeal to the Supreme Court of the United States, and that in all cases of final judgments by said court, or on appeal by the Supreme Court where the same shall be affirmed in favor of the claimant, the sum due thereby shall be paid out of any general appropriation made by law for the payment and satisfaction of private claims.Stat. at Large, Vol. XII, p. 766. [Since the passage of this act the monthly reports of cases, required by the act of February 24, 1855, have not been made to Congress.] Petitions and By the same act it is provided "that all petitions and bills to be transmitted to. bills praying or providing for the satisfaction of private claims against the Government, founded upon any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States, shall, unless otherwise ordered by resolution of the House in which the same are presented or introduced, be transmitted by the Secretary of the Senate, or the Clerk of the House of Representatives, with all the accompanying documents, to the Court of Claims." —Stat. at Large, Vol. XII, p. 765. [Where it is proposed to refer a case, of which the court has no jurisdiction under existing laws, the usual mode is by joint resolution.] Members ofCon- By the same act members of Congress are prohibited gress not to practice before. from practicing in said court.-Ibid., p. 766. Treasmissionof The Clerk of the House is directed "to transmit to papers to. said court, on the application of the clerk of said court, the papers in his office in any case that is now or may be hereafter pending in said court, taking a receipt therefor. "-Journal 1, 34, p. 583. CLERK OF THE HOUSE. 43 "The papers in all cases heretofore referred by this Withdrawal of House to the Court of Claims, arising under contract or papes departmental decision, may be withdrawn from said court upon the order of the Clerk of the House, to be given upon the application therefor of any member to him, with the assent of the claimant; and when said papers are received by the Clerk, they shall be held by the Clerk the same as if never referred."-Journal, 1, 34, p. 614. "All petitions for pensions heretofore referred to the Pension papers may be withCourt of Claims, may be withdrawn and referred to their (lrawn. appropriate committees in the House."-Journal, 1,34, p. 631. [Ordinarily, except in the foregoing cases, papers are How papersare ordinarily withreferred to or withdrawn from the Court of Claims on dlrawn from and motion in the House; and, except in the case of the reference of a matter then before the House, the motion can only be made by unanimous consent, or at such time as resolutions are in order under the rules.] "' The bills from the Court of Claims shall, on being laid Bills from, to be placed on private before the House, be read a first and second time, com- calendar and remitted to the Committee of the Whole House, and, togeth- ports printed. er with the accompanying reports, printed' —Rule 122. When bills and reports from said court, reported to Bills andreports undisposed of at the House, are left undisposed of at the end of a Con- the end of a Congress, at the beginning of the next Congress the billsgress' shall be again read twice and reflerred, and the adverse reports restored to the private calendar.-Journals, 1, 35, pp. 134, 135; 1, 36, p. 247. [And when bills from said court shall have passed the Senateand remain undisposed of in the House at the end of a Congress, they shall be returned to the Senate.] Judges of the Court of Claims are admitted within the Judges of, adeitted within the hall of the Hoase. —Rule 134. hall. CLEIIRK OF THE HOUSE. A Clerk shall be elected at the commencement of each Shallbe elected at the commence Congress.-Rule 10. The act of June 1, 1789, provides mentofCongress. that at the first session of Congress after every general election of Representatives, the oath or affirmation therein prescribed "shall be administered by any one member of the House of Representatives to the Speaker; and 44 CLERK OF THE HOUSE. Speaker shall by him to all the members present, and to the Clerk, preadminister oath to. vious to entering on any other business." And in the case of a vacancy which occurred in the office of Clerk during the 31st Congress, (see Journal, 1, 31, p. 789,) it was decided that the House could take no action upon, nor transact, any other business until a Clerk was elected. The following is the oath of office prescribed for the Clerk by the 10th Rule and the act of June 1, 1789, viz: Oath of office. "I do solemnly swear (or affirm) that I will support the Constitution. of the United States, and that I will truly and faithfully discharge the duties of Clerk of the House of Representatives, to the best of my knowledge and abilities, and keep the secrets of the House." Additional oath He is also required by the act of July 2, 1862, to take an additional oath.-(See OATH.) Mode of elec- In the election of a Clerk there shall be a previous nomination-Rule 11; and the vote shall be taken viva voce.-Rule 10. A majority of the votes given shall be necessary to an election; and where there shall not be such a majority on the first ballot the ballot shall be repeated until a majority be obtained. And in all ballotings blanks shall be rejected, and not taken into the count in enumeration of votes, or reported by the tellers.-Rule 12. T eller s ap- Before proceeding to the election of a Cle k, the Speaker pointed by the Speaker. appoints four tellers to keep and make report of the vote.-(See ELECTIONS BY THE HOUSE.) Enters upon his [As soon as the Speaker has declared a person elected duties as soon as he takes oath. Clerk, the oath of office is administered to him, and he enters upon the duties of the same.] By the act of February 23, 1815, (Stat. at Large, Vol. lII, p. 212,) it is made the duty of the Clerk, within thirty days after he enters Gives bond. upon the duties of his office, to give bond to the United States, with one or more sureties, to be approved by the Comptroller of the Treasury, in the penal sum of twenty thousand dollars, with condition for the faithful application and disbursement of the contingent fund of the House. Continues in The Clerk shall continue in office until his successor is office until his successor is ap- appointed. —Rule 10. pointed. Dutyof, in pre- By the act of February 21, 1867, Stat. at Large, Vol. paration of roll of members elect. XIV, p. 397, it is provided: " That before the first meeting of the next Congress, CLERK OF THE HOUSE. 45 and of every subsequent Con gress, the Clerk of the next preceding House of Representatives shall make a roll of the Representatives elect, and place thereon the names of all persons claiming seats as Representatives elect from States which were represented in the next preceding Congress, and of such persons only, and whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States." And" That in case of a vacancy in the office of Clerk of the House of Representatives, or of absence or inability of said Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, the said duties shall devolve on the Sergeant-at-Arms of the next preceding House of Representatives; and in case of vacancies in both of the before-mentioned offices, or of the absence or inability of both the Clerk and Sergeant-atArms to act, then the said duties shall be performed by the Doorkeeper of the next preceding House of Representatives." By the act of March 3, 1873, it is provided that here- Shall certify monthly pay of after Representatives and Delegates elect to Congress members from begi nninag of whose credentials in due form of law have been duly filed their term until first session of with the Clerk of the House of Representatives in accord- each Congress. ance with the provisions of the act of Congress approved March third, eighteen hundred and sixty-three, may receive their compensation monthly, from the beginning of their term until the begining of the first session of each Congress, upon a certificate in the form now in use, to be signed by the Clerk of the House, which certificate shall have the like force and effect as is given to the certificate of the Speaker under existing laws: Provided, That in case the Clerk of the House of Representatives shall be notified that the election of any such holder of a certificate of election will be contested, his name shall not be placed upon the roll of members elect so as to entitle him'to be paid, until he shall have been sworn in as a meember, or until such contest shall be determined. —Stat. at Large, Vol. XVII, pp. 488-'9. (See ELECTIONS, CONTESTED.) " Pending the election of a Speaker, the Clerk shall Preservesorder, 46 CLERK OF THE HOUSE. &c.,pendingelec- preserve order and decorum, and shall decide all question of Speaker. tionof peaker. tions of order that may arise, subject to appeal to the House. "-Rule 146. [This rule, together with Rule 147, which provides that the existing rules shall govern future Congresses, unless otherwise ordered, was adopted at the 1st session of the 36th Congress, and was intended to facilitate the organization of the House. Previously, under the authority contained in the ManualZ, p. 68, and the usage of the House, the Clerk had presided over its deliberations while there was no Speaker, but simply put questions, and (where specially authorized) preserved order, not, however, undertaking to decide questions of order.]-(See MEETING OF CONGRESS.) Contracts, &c., All contracts, bargains, or agreements, relative to the to be approedfurnishing any matter or thing, or for the pefbrlnance by him. of any labor for the House of Representatives, must be made with the Clerk, or approved by him, before any allowance shall be made therefor by the Committee of Purchasestobe Accounts. —Rule 21. And in making purchases for the of home produe- House he is required to confine his purchases exclusively to articles of the growth and manufacture of the United States, provided the same can be procured on as good terms and of as suitable quality as foreign articles.Stat. at Large, Vol. V, p. 681. He shall fur- The Clerk is required by law (Stat. at Large, Vol. V, of contistngteent lp. 25, 527) to lay before the House, at the commencepenses. ament of each session, a full and detailed statement of the expenditure of the contingent fund of the House; also Also, statement (Stat. at Large, Vol. V,p. 525) a statement of the clerks of persons employed in service and other persons employed in the service of the HIouse of House. during the preceding year. He is also required by a resolution of the House (Journal, 1, 27, p. 495) to report, at the commencement of each session, the quantity and. Also,statementCOSt of all the stationery used by the House and the of stationery. Clerk's office. He, in conjunction with the Secretary of the Senate, shall also, ais soon as may be after the close of each session of Congress, prepare and publish a statement of all appropriations made during the session; and Also, statement also a statement of the new offices created and the salaof appropriations new offices, &c. ries of each, and also a statement of the offices the salaries of which are increased, and the amount of such in CLERK OF THE HOUSE. 47 crease.-Stat. at Large, Vol. V, p. 117. And it shall be the duty of the Secretary of the Senate and the Clerk of Se ecretr of Senate and Clerk the House of Representatives of the United States sev- of the House of Represents t ives eraily to report to Congress on the first day of each regu- to report to Congress their r elar session, and at the expiration of their terms of service, eeipts and expenditures in dea full and complete statement of all their receipts and tail, &c. expenditures as such officers, showing in detail the items of expense and classifying them under the proper appropriations, showing the aggregate thereof, and exhibiting in a clear and concise manner the exact condition of all public moneys by them received, paid out, and in their possession as such officers. And it shall also be the duty of the officers hereinbe- They and the fore named, and of the Sergeant-at-Arms, Postmasters Armi, Postmasters and D)oorof the Senate and House of Representatives, and the keeper to make fill account of Doorkeeper of the House of Representatives, to make out the property of a full and complete account of all the property belonging ith their possesto the United States in their possession, ant such dates and Sion. at the expiration of their terms of service, as provided in section one of this act. —Stat. at Large, Vol. XVI, p. 365. He shall, on application, certify extracts from -the Shall certify extracts from Journal of the House of Representatives, and for such Journal. copies shall receive the same fees as are allowed bv law Fees. to the Secretary of State for similar services.-Stat. at Large, Vol. IX, p. 80. He may, with permission of the President of the Sen- May use books in Congressional ate and Speaker of the House, have the use of the books Library. in the Congressional Library upon the same conditions as members of Congress. —Stat. at Large, Vol. IV, p. 429. He shall advertise for proposals for furnishing sta- Shall advertise for proposals for tionery for the use of the House of Representatives. — stationery. Stat. at Large, Vol. V, pp. 526, 527.-(See STATIONERY.) By the act of March 3, 1863, he is required to transmit Shall transmit certain petitions to the Court of Claims all petitions and bills praying or and aills to Court providing for the satisfaction of all private claims against Of Claims. the Government, founded upon any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government, unless otherwise ordered by resolution of the House.Stat. at Large, Vol. XII, p. 765. By the act of March 2, 1867, Stat. atLarge, Vol. XIV,p. To select newspapers in States 48 CLERK OF THE HOUSE. lateyinreellion 466, it is provided that it shall be the duty of the Clerk for publication of laws, &c. of the House of Representatives to select in Virginia, South Cairolina, North Carolina!, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, and Arkansas, one or more newspapers, not exceeding the number now allowed by law, in which such treaties and labws of the United States as may be ordered for publication in newspapers according to law shall be published, and in some one or more of which so selected all such advertisements as may be ordered for publication in said districts, by any United States court or judge thereof, or by any officer of such courts, or by any executive officer of the United States, shall be published, the compensation for which, and other terms of publication, shall be fixed by said Clerk at a rate not exceeding two dollars per page for the publication of treaties and laws, and not exceeding one dollar per square of eight lines of space for the publication of advertisements, the accounts of which shall be adjusted by the proper accounting officers and paid in the manner now authorized by law in the like cases; and said Clerk shall, as soon as practicable after the passage of this act, notify each head of the several Executive Departments, and each judge of the United States courts therein, of the papers selected by him in accordance with the foregoing provisions; and thereupon and thereafter it shall be the duty of the several executive officers charged therewith to furnish to such selected papers only an authentic copy of the publications to be made as afore. said; and no money hereby or otherwise appropriated shall be paid for any publications or advertisements hereafter to be made in said districts; nor shall any such publication or advertisement be ordered by any Department or public officer otherwise than as herein provided: Provided, That the rates fixed in this section to be paid for the publication of the treaties and laws of the United States in the States therein designated shall also be paid for the same publications in all the States not designated in this section; and that all printing of any kind ordered To designate by the Executive Departments shall be executed by the where executive printing shall be Government Printer, when practicable; and, if not, at taeinectsi cer- such office as may be designated by the Clerk of the CLERK OF THE HOUSE. 49 House of Representatives, at rates not exceeding the current rates for such printing. By the act of March 29, 1867, (Stat. at Large, Vol. XV, pTo select newspapers in the pp. 7, 8,) it is provided that so much of section seven of other States and Territories for of an act entitled "An act making appropriations for publication of sundry civil expenses of the Government for the year ending June thirty, eighteen hundred and sixty-eight, and for other purposes," approved March second, eighteen hundred and sixty-seven, as relates to the publication of the treaties and laws of the United States, be, and the same is hereby, extended to the States not therein designated, and to the Territories; and that it shall be the duty of the Secretary of State, upon receiving notice of the designation of newspapers under the act aforesaid and this section,-promptly to furnish to such newspapers authentic copies of the treaties and laws of the United States, to be published as aforesaid: Provided, That it shall be lawful to print the laws and treaties of the United States as aforesaid in three'newspapers in Louisiana: And provided further, That the rates fixed by previous laws shall not be hereby increased. By resolution of February 16, 1867, he is directed to List of members, &c., to be furnish the " Globe,?' at each session, a list of the mem- furnished to the publishers of the bers, with their post-office address, and the number Of Globe. their seats. —Journal, 2, 39,p. 405. The following duties are imposed upon the Clerk by the Rules of the House, viz: He shall attest all writs, warrants, and subpoenas is- Attest writs.. sued by the House. —Rule 8. He shall enter upon the Journal, subject to the control Enter petitions, and direction of the Speaker, such petitions and memorials as may be handed to him by members for reference. -Rule 131. He shall cause to be delivered all propositions adopted Delivers calls upon t he Presiby the House, requestinginformation from the President, dent and heads of Departments. or directing it to be furnished by the heads of Departments.-Rule 53. [His practice is to deliver in person all calls upon the President, and to transmit calls upon the Departments by a messenger or through the mail.] He shall refer all drawings, maps, charts, or other Shallreferxmaps; &c., to the House papers, which may at any time come before the House members of the B D 4 50 CLERK OF THE HOUSE. Committee on for engraving, lithographing, or publishing in any way, Printing. to the members of the Committee on Printing on the part of the House. —Rule 100. Shall prepare He shall prepare and cause to be delivered to each list of reports to be made by off. member, at the commencement of every session of Concers of Government. gress, i list of the reports which it is the duty of any officer or Department of the Government to make to Congress. —Rule 13. Shall send cop- He shall, at the end of each session, send a printed ies of the Journal to States. copy of the Journal of the House to the executive, and to each branch of the legislature, of every State.-Rule 14. Inregardtoad- By the act of July 20, 1868, it is provided that the vertisements in the District of provisions of section ten of an act " making appropriaColumbia b-, fond other places.' tions for sundry civil expenses of the Government for the year ending June thirteenth, eighteen hundred and sixty-eight, and for other purposes," approved March two, eighteen hundred and sixty-seven, be, and they are hereby, extended to one additional newspaper in the District of Columbia from the date of the approval of said act, the same to be selected by the Clerk of the House of Representatives. And also, that all advertisements, notices, proposals for contracts, executive proclamations, treaties, and laws to be published in the District of Columbia, Maryland, and Virginia, shall be published in the papers now selected under the provisions of section ten of an act approved March second, eighteen hundred and sixty-seven, entitled "An act making appropriations for sundry civil expenses of the Government for the year ending June thirtieth, eighteen hundred and sixty-eight, and for other purposes, " and shall also be published in the paper selected.tunder the provisions of the second section of this act: Provided, That no advertisement to any State, District, or Territory other than the District of Columbia, Maryland, or Virginia, shall be published in the papers designated, unless at the direction first made of the proper head of a Department.-Stat. at Large, Vol. XV, p. 110. Shall putdecis- He shall note all questions of order, with thedecision, ions of questions of order at endof and put them together at the end of the Journal of.Journal. every session. —Rule 15. CLERK OF THE HOUSE. 5] He shall enter upon the Journal notices of bills which Shall enter no. may be handed in by members.-Rule 15. fltes of bills. He shall certify a bill that has passed, noting the day Shall certify 7.. b. 1 > D 1 six kills which pass. of its passage at the foot thereof.-Rule 127. He shall sign all House bills which have passed the Shall sign all House bills which louse.-Joint Rule 5. pass. He shall enroll on parchment all House bills which Shall enrolland certify House shall have passed both houses. —Joint Rucle 6. And bis,&c., which shall certify on the back of the roll that the bill origi- pass both houses. nated in the House of Representatives.-Joint RPule 9. And all orders, resolutions, and votes which are to be presented to the President for his approbation, shall also, in the same manner, be previously enrolled, examined, and signed.-Joint Rule 10. He shall enter on a separate paper all amendments Entryof amend adopted in Committee of the Whole to a bill or report.- tee. Rules 107, 109. [The 107th Rule refers to manuscript bills, having been adopted prior to the practice of printing bills.] He shall, within thirty days after the close of each Shall distribute Journalandindex session of Congress, cause to be completed the printing toimembers with. and primary distribution, to members and delegates, of ter"adjournment. the Journal of the House, together with an accurate index to the same.-Rule 16. He shall retain in the library of his office, for the use Shall retain in library two copof the members there, two copies of all the books and ies of,all public printed documents deposited in the library.-Rule 17. documents. He shall have preserved for each member of the House Shall preserve one bound copy of an extra copy, in good binding, of all the documents all documentsfobr printed by order of either house at each session.-Rdule 18. He shall make a weekly statement of the resolutions shallmkeweekly statement of and bills upon the Speaker's table. —Rule 19. [This state- business on ment is printed and placed upon each member's table Speaker's table. every Monday morning. There is, in like manner, placed Weekly statemeaetof-bills, &c., upon their tables, every Friday morning, a statement on calendar also of all the bills and resolutions upon the calendar, desig- prepared. nating whether in Committee of the Whole House or of the Whole House on the state of the Union.] The number prefixed to the section of a bill, being He numbersthe merely a marginal indication, and no part of the text of sections of bills. 52 CLERK OF THE HOUSE. the bill, the Clerk regulates that.-Manual, p. 111. [He And also bills also gives numbers to the bills and joint resolutions as and joint resolutions. they are introduced or reported.] Messages (between thetwo houses) shall be sent by such persons as a sense of propriety in each house may He conveys determine to be proper.-Joint Rule 4.'[All messages messages to the Sensate. from the House to the Senate are conveyed by the Clerk or one of his assistants.] Other duties of In addition to the foregoing, there are various other duties appertaining to the office of Clerk, under the usage and practice of the House, which are discharged by himself and his appointees. Prepares esti- He prepares estimates of the expenses of the House of mates and disbursescontingent Representatives, and disburses the contingent fund of the fund. House, keeping accounts with the Treasury of the United States of the various items of appropriation for that Pays salaries. object. He also disburses the salary fund of the various officers and employes of the House. KeepsJournal. He keeps the minutes of proceedings in the House, and makes out, subject to the control of the Speaker, the Journal of said proceedings, in readiness for the same to be read at the next meeting of the House. He also prepares the index to the Journal at the end of each session. Keeps minutes He keeps the minutes of proceedings in Committees cf Committees of the Whole. of the Whole; records all votes taken by yeas and nays, and prepares copies of the same for the printer of the Journal. Reads. He reads all messages, bills, and other papers required by the House to be read, and calls the roll of members. Keepsthefiles. He keeps the files of the House, preserving all petitions and other papers belonging to its archives, arranged alphabetically, and under the head of the Congress at which they were last acted upon. KEps.bmibook. He keeps a book in which are entered, numerically, the titles of all bills and joint resolutions; opposite which are noted, as they occur, all proceedings of the House thereon; also all proceedings of the Senate as they are reported to the House. toPapers ordered He places appropriate indorsements upon all papers indorsed, &c. CLERK OF THE HOUSE. 53 presented in the House, and, after entering the same in books kept for the purpose, sends to the Government Printing Office all such as are ordered to be printed, and to the appropriate committee such as are referred without printing. He engrosses upon paper all bills, joint resolutions, Engrosses bills eand resolutions. and resolutions of the House, and amendments of the House to Senate bills and joint resolutions which pass the House of Representatives, certifying the date of the passage of the same at the foot thereof. He enrolls upon parchment all House bills and joint Enrollsbillsand resolutions. resolutions which have passed both houses, certifying upon the back that the same originated in the House, and then delivers them to the Committee on Enrolled Bills. He journalizes all petitions and other papers handed Petitions refer. to him under the 131st rule, and having indorsed them appropriately, takes them to the rooms of the proper committees, and there enters them in the committee books. He also keeps what is called the "Petition Book," in which is entered, alphabetically, each petition as presented, and the further action of the House thereon as it occurs. He keeps what is called the " Newspaper Book," in Newspapers. which are entered the accounts of members under the newspaper resolution, and orders from the publishers such newspapers and periodicals as may be directed. He contracts for and furnishes to members all books Books. voted to them by the House, and keeps the accounts of the members for the same. He distributes to members, governors, State legisla- Public locu. ments. tures, &c., all public documents (other than extra numbers) required by law, rule, or resolution to be distributed. He purchases, keeps, and distributes the stationery Stationery. required for the use of the House. (See STATIONERY.) He keeps the library of the House, in which are kept Library. copies of all documents printed by order of either house. 54 CLERKS OF COMMITTEES-COMMERCE, COMMITTEE ON. CLERKS OF COMMITTEES. Not to be emte- No committee shall be permitted to employ a clerk at the ployed without leave. public expense without first obtaining leave of the House Committees for that purpose." —Rule 73. [Such leave is usually which have leave to employ. granted to a portion of the committees, for a part or the whole of the session, as they may deem the service necessary; and four of the committees have permanent clerks, viz: of Claims, by resolution of February 18, 1843; of Ways and Means, by resolution of February 18, 1856; on Public Lands, by resolution of May 27, 1862; and on Appropriations, by resolution of December 12, 1865.] COINAGE, WEIGHTS, AND MEASURES, COMMITTEE ON. When appoint- There shall be appointed, at the commencement of each ed, and of what number. Congress, a Committee on Coinage, Weights, and Measures, to consist of seven members, and to this committee Duties of. shall be referred all bills, resolutions, and communications to the House upon that subject.-Rule 148. COMMERCE, COMMITTEE ON. When appoint- Thereshallbe appointed, at the commencementof each ed, and of what number. Congress, a Committee on Commerce, to consist of eleven members.-Rule 74. Duties of. "It shall be the duty of the Committee on Commerce to take into consideration all such petitions and matters or things touching the commerce of the United States as shall be presented, or shall or may come into question, and be referred to them by the House, and to report, from time to time, their opinion thereon."-Rule 79. [This committee was originally a Committee on Com. merce and Manufactures. On the 8th December, 1819, a separate Committee on Manufactures was constituted. and the duties of the original Committee on Commerce and Manufactures have been confirmed, as above, by leaving out the words " and Manufactures." There are no duties assigned in the Rules to the Committee on Manufactures. COMMIT, MOTION TO. When it may ". When a question is under debate, no motion shall be be received. received but to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely; which several motions COMMIT, MOTION TO-COMMITEEES. 55 shall have precedence in the order in which they are ar- Precedeneewith reference to other ranged; and no motion to commit, or to postpone indefi- motions. nitely, being decided, shall be again allowed on the same Not to be -reday, and at the same stage of the bill or proposition."- npeted stag e daof bill. Rule 42. [When any one of the foregoing motions is received, the practice is not to receive one of lower dignity until the former is disposed of.] "When a resolution shall be offered, or a motion made Wheredifferent committees are to refer any subject, and different committees shall be proposed. proposed, the question shall be taken in the following order: the Committee of the Whole House on the state of the Union; the Committee of the Whole House; a standing committee; a select committee." —Rule 43. A motion to commit may be amended by the addition Maybeamended. of instructions. Also by striking out one committee and inserting another.-Journals, passin. A division of the question is not in order on a motion With instructions, not divisito commit with instructions, or on tile different branches blo. of instructions.-Journals, 1, 17j p. 507; 1, 31, pp. 1395, 1397; 1, 32, p. 611. "Upon the second reading of a bill, the Speaker shall redybil when state it as ready for commitment." Rule 118. mitment. [On a motion to commit, the whole question is open to Debate on. debate.] After the previous question is ordered, if no motion Effect of previousquestionupon to postpone is pending, the House is brought first "; to a motiontocommit. direct vote on the motion to commit, if such motion shall have been made."-Rule 132. " Motions and reports may be committed at the pleas- Motionsandre. ports maybe comure of the House."-Rule 47. mitted. COMMITTEES. Thirty-four standing committees shall be appointed at Standing committees to be apthe commencement of each Congress, viz: Of Elections, pointed at the of Ways and Means, on Appropriations, on Banking and OfeachoCon gress. Currency, on the Pacific Railroad, of Claims, on Commerce, on the Public Lands, on the Post Office and Post Roads, for the District of Columbia, on the Judiciary, on Revolutionary Claims, on Public Expenditures, on Private Land Claims, on Manufactures, on Agriculture, 56 aCOMMITTEES. on Indian Affairs, on Military Affairs, on the Militia, on Naval Affairs, on Foreign Affairs, on the Territories, on Revolutionary' Pensions, on Invalid Pensions, on Rail. ways and Canals, on Mines and Mining, on Freedmen's Affairs, on Education and Labor, on the Revision of the Laws, on Public Buildings and Grounds-to consist of eleven members each; on Coinage, Weights, and Measures — to consist of seven members; on Patents, of Accounts, and on Mileage-to consist of five members each.-Rule 74. Territories and By Rule 162 the Speaker is directed to appoint one of Cholubitrit fa. the Delegates an additional member of the Committee on the Territories, and the Delegate from the District of Columbia an additional member of the Committee for the District of Columbia. Joint commit- There shall be a joint committee on Enrolled Bills, to teesto beappointed at the com-consist Of two members of each house, (Joint Rule 7;) mencement of each Congress. there shall be a joint committee on the Library of Congress, to consist of three members of each house, (Joint Rule 20;) there shall be a joint committee on Public Printing, to consist of three members of each house. (Stat. at Large, Vol. X, 1p. 34.) [The rules do not designate for what period these joint committees shall be appointed; but the practice is for the Speaker to appoint them at the commencement of each Congress.] Standing com- There shall be appointed at the commencement of the mittees to be appointed at the first session in each Congress seven additional standing commencement of each Congress. committees, whose duties shall continue until the first session of the ensuing Congress, viz: On Expenditures in the Department of State, on Expenditures in the Treasury Department, on Expenditures in the War Department, on Expenditures in the Post Office Department, on Expenditures in the NTavy Department, on -Expenditures in the Ifterior Department, on Expenditures on the Public Buildings, to consist of five members each. —Rule 102. Duties of the For duties of the several committees, see under their committees. respective names. Committees, "AAll committees shall be appointed by the Speaker, how appointed. nless otherwise specially directed by the House, in which case they shall be appointed by ballot; and if upon such ballot the number required shall not be elected COMMITTEES. 57 by a majority of the votes given, the House shall proceed to a second ballot, in which a plurality of votes shall prevail; and in case a greater number than is required to compose or complete a committee shall have an equal number of votes, the House shall proceed to a further ballot or ballots." —Rule 67. [The latter mode of appointing committees is, of late years, never resorted to; but the practice has been for the House to adopt an order " that the Speaker be authorized to appoint the regular standing committees." And after adopting such order, it is usual for the House to adjourn over for two or three days to enable him to make the appointments.] Before a return be made a member elected may be Member may named of a committee, and is to every extent a member, before ho is except that he cannot vote until he is sworn.-Manual, sworn. p. 61. [While this is the law, it has not been a common practice in the House to appoint a member on a committee until he has beeni sworn.]' The first-named member of any committee shall be Who shall be chairman of a the chairman; and in his absence, or being excused by the committee. House, the next named member, and so on, as often as the case shall happen, unless the committee, by a majority of their number, elect a chairman." —-Rule 68. "Any member may excuse himself from serving on Who may be any committee at the time of his appointment, if he is..eving onefomthen a member of two other co9mmittees."-Rule 69.mittee' [And under the practice; it is sufficient for him to offer such an excuse at any subsequent period of the session.] " It shall be the duty of a committee to meet on the Who shall call call of any two of its members, if the chairman be ab- committeeg. sent, or decline to appoint such meeting." —Rule 70. "'No committee shall sit during the sitting of the Committeesshall not sit while House without special leave. — Rule 72. And " so soon House is sitting as the House sits, and a committee is notified of it, the chairman is in duty bound to rise instantly, and the members to attend the service of the House." —Manual, p. 70. [But upon the suggestion to the House by a member of a committee that it is important to the dispatch of public business that they should have such leave, 58 COMMITTEES. it is usually granted, especially near the close, of the session.] Committees sit. "Committees may be appointed to sit during the re. ting during retoss. cess by adjournment, but not by prorogation. Neither house can continue any portion of itself in any parliamentary function beyond the end of the session without the consent of the other two branches. When done, it is by a bill constituting them commissioners for the particular purpose." —-Manual, p. 136. [This has been construed (and, in view of the distinction which exists between a' session " of Parliament and of Congress, very properly so) not to restrain a committee of the House, with the leave of the House, from sitting during the recess between a first and second session of Congress.](See Journal, 1, 32, p. 1119.) Clerks of comrn- NO committee shall be permitted to employ a clerk at the public expense without first obtaining leave of the House for that purpose." —Rule 73. [Such leave is usually granted to a portion of the committees for a part or the whole of the session, as they may deem the service necessary; and four of the committees have permadent clerks, viz: of Claims, by resolution of February 18, 1843; of Ways and Means, by resolution of February 18, 1856; and on Public Lands. by resolution of May 27, 1862; and on Appropriations, by resolution of December 12, 1865.1 Precedence of 44 When a resolution shall be offered or a motion made different motions to refer. to refer any subject, and different committees shall be proposed, the question shall be taken in the following order: the Committee of the Whole House on the state of the Union; the Committee of the Whole House; a standing committee; a select committee."'-Rule 43. [But where more than one standing committee is proposed, the last one proposed is first voted upon, as an amendment to strike out and insert.] Precedence of'"When a question is under debate, no motion shall motion to commit over other mo- be received but to adjourn, to lie on the table, for the tions, and of others over it. previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged; and no motion to postpone to a day cer COMMITTEES. 59 tain, to commit, or to postpone indefinitely, being decided, Motion to commit not to be reshall be again allowed on the same day, and at the same peated at same stage on same stage of the bill or proposition." —Rule 42. day. "Upon the second reading of a bill, the Speaker shall A bill, when ready for cornstate it as ready for commitment.'"-Rule 118. mitment. "After the previous question is ordered, if no motion Previous questo postpone is pending, the House is first brought to a House to voto first on motion to direct vote on the motion to commit, if such motion shall commit. have been made." —Rule 132. "A committee meet when and where they please, if Committee can only act when the House has not ordered time and place for them; but met together. they can only act when together, and not by separate consultation and consent, nothing being the report of a committee but what has been agreed to in committee actually assembled." —Manual, p. 89. "A majority of the committee constitutes. a quorum A quorum of a for business." —Manual, p. 89. But it is not necessary Not necessary that committee that the committee shall be full when a paper is acted be full. upon.-Journal, 1, 34, p. 1143. Nor is it even necessary Nor that every member was nothat every member shall have been notified of an ad-tiiied of an adjourned meeting, if it shall appear that at such meeting journed meeting. a quorum was present, and that a majority of such quorum authorized a report to be made.-Same Journal, pp. 1433, 1434. [Committees very frequently appoint sub-committees Sub-committees. to make investigations,] and in such case no member of the committee, as a matter of right, can take for examination papers referred to a sub-committee.-Cong. Globe, 1, 39, p. 4019.'A committee cannot receive a petition but through Petitions, how to be referred to the House.-' -Manual p. 70. ", Members having petitions committees. and memorials to present may hand them to the Clerk, indorsing the same with their names, and the reference or disposition to be made thereof; and such petitions and memorials shall be entered on the Journal, subject to the control and direction of the Speaker."-Rule 131. [This is the only mode of presenting a' petition for reference now recognized by the rules. The rule, however, is construed to authorize the withdrawal of old papers from the files, for the purpose of reference to the appropriate 60 COMMITTEES. committee. And, in this connection, it may not be improper to call attention to that portion of this rule which Membersshould requires that the name of the member and that of the cornindorse the papers referred by mittee shall be indorsed upon the paper to be referred. them. Newspapers to In order to secure its appearance in the daily newspapers, befurnishedit members should furnish a memorandum of the contents and reference of the same to the reporters.] Matters refer- The Clerk may deliver the bill to any member of the red, how delivered to the con- committee, but it is usual to deliver it to him who is first imittee. named." —Manual, p. 89. [In the House of Representatives the long-settled practice has been, where the committee have a regular place of meeting, as is the case with all the standing committees, for the Clerk to take down to the committee-room and deposit there all matters referred to said committee, and make an entry of the same in the docket of:the committee; and when they have no committee-room, as is the case with some of the select committees, to deliver the matter.referred to the chairman.] Not competent It is not competent for the House to instruct a comto instruct committeeto do what mittee to amend a bill in a manner that the House itself House itself cannot do. cannot amend it. —Journal, 2, 35, p. 389. [Indeed, it is the well-settled practice that the House cannot instruct a committee to do what the House itself cannot do.] To commit with A division of the question is not in order on a motion instructions not divisible. to commit or recommit with instructions, or on the different branches of instructions.-Journals, I, 17, p. 507; 1, 31, pp. 1395, 1397; and, 1, 32, p. 611. How amend- ~"The committee may not erase, interline, or blot the ments are to be noted by a com- bill itself, but must, in a paper by itself, set down the mittee. amendments, stating the words which are to be inserted or omitted, and where, by reference to the page, line, and word of the bill."-Manual, p. 91. No reconsider- W Vhen a vote is once passed in a committee it cannot,tiou of a vote in committee. be altered but by the House, their votes being binding on themselves."-Manual, p. 91. Committee can- " "If the committee are opposed to the whole paper, and notreject ap~per. 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." — Manual, p. 99. COM I1ITTEES. 61 The committee have full power over the bill or other Committee cannotchlnge title or paper, except that they cannot change the title or sub- subject. ject."-Manual, p. 89. As soon as the Journal is read, and the unfinished When and in what order cornbusiness in which the House was engaged at the last mitteesaretorepreceding adjournment has been disposed of, reportsport. from committees shall be called for and disposed of; in doing which the Speaker shall call upon each standing committee in the following order, viz: Committee of Elections. Committee of Ways and Means. Committee on Appropriations. Committee on Banking and Currency. Committee on the Pacific Railroad. Committee of Claims. Committee on Commerce. Committee on the Public Lands. Committee on the Post Office and Post Roads. Committee on the District of Columbia. Committee on the Judliciary. Committee on Revolutionary Claims. Committee on Public Expenditures. Committee on Private Land Claims. Committee on Manufactures. Committee on Agriculture. Committee on Indian Affairs. Committee on Military Affairs. Committee on the Militia. Committee on Naval Affairs. Committee on Foreign Affairs, Committee on the Territories. Committee on Revolutionary Pensions. Committee on Invalid Pensions. Committee on Railways and Canals. Committee on Mines and Mining. Committee on Freedmen's Affairs. Committee on Education and Labor. Committee on the Revision of the Laws. Committee on Coinage, Weights, and Measures. Committee on Patents. 62 COMMITTEES. Committee on Public Buildings and Grounds. Committee of Accounts. Committee on Mileage. Committee on Printing. Committee on Enrolled Bills. Committee on the Library of Congress. Committee on Expenditures in the State Department, Committee on Expenditures in the Treasury Department. Committee on Expenditures in the War Department. Committee on Expenditures in the Navy Department. Committee on Expenditures in the Post Office Department. Committee on Expenditures in the Interior Department. Committee on Expenditures on the Public Buildings. And when all the standing committees shall have been called, then it shall be the duty of the Speaker to call for reports fi-om select committees. If the Speaker shall can llof to be re- not get through the call upon the committees before the sumed where left off. House passes to other business, he shall resume the call where he left off, giving preference to the report last Afteroccupying under consideration: Provided, That whenever any commorning hour on two days, not to mittee shall have occupied the morning hour on two report urther. days, it shall not be in order for such committee to report further until the other committees shall have been called in their turn. [But this proviso does not restrain the House from occupying the morning hour on more than two days in the consideration of a report.] —Rule 51. call of commit- [The regular daily call for reports, as provided for by tees for reports, how interfered this rule, is liable to be interfered with by "' special orwith. ders," "questions of privilege," and "privileged questions," also by the " call of States for bills on leave and resolutions," which, by Rule 130, is in order every Monday, and " motions to suspend the rules," which, by Rule 145, may be submitted every Monday, at the expiration of one hour after the Journal is read. So, too, by Rule 128, the call of committees is limited on _Fridays and Saturdays to " business of a private nature.."] What commit. "It shall be in order for the Committee on Enrolled tees report at any time. COMMITTEES. 63 Bills and the Committee on Printing to report at any time-Rules 100 and 101- and also for the Committee on Appropriations to report (for the purpose of reference) the general appropriation bills at any time " -Rule 77and the Committee of Ways and Means have leave to report, for commitment, at any time. —Rule 151. "A committee hiving leave to report at all times may report in part at different times."-Journal, 1, 27, p. 104. The right to report at any time carries with it the right Right to report to consider the matter when reported. —Journal, 1; 32p. cionsiht r. to 195. And where authority is given to a committee to make a report at a particular time, the right follows to consider the report when made.-Journal, 1, 22, p. 1409. " The several standing committees of the House shall Have leave to have leave to report by bill or otherwise." —Rule 71. other bill or It is not competent for a committee to report a bill Committee cannot report on a where the subject-matter has not been referred to them by subject not referjred ly the rules, theHouse,by therules, orotherwise.-Journal l, 3l p.590.orotherwise. A bill may be reported with a recommendation that it Bill may be redo not pass, if based upon a paper regularly referred.- precomendation a Journal, 1, 32, 1. 785. thatitdonotpass. " The report being made, the committee is dissolved, Select committee,how dissolved and can act rio more without a new power. But it may and r-evived. be revived by a vote, and the same matter recommitted to them." —Manual, p. 92. [This evidently refers to a select committee, and, under the practice of the House, a motion to recommit decided affirmatively has the effect of reviving the committee.-See Journal, 2, 37, p. 874; 3, 37, pp. 487 to 489.] If it is disputed that a report has been ordered to be Dispute as to whether commitmade by a committee, the question of reception must be tee have ordered report..put to the House.-Journal, 2, 27, p. 1410. A minority of a committee cannot make a report, a Minoritycannot minority not being the committee.-Journal, 1, 24, p. make a report 562. [The common practice, however, is to permit the minority to submit their views in writing, which are usually printed and considered with the majority report.] And when such views are accompanied by a resolution or bill, such resolution or bill is not thereby brought before the House for its action, but must be submitted by some member.-Congressional Globe, 1, 31, p. 1345. 64 CO:MIL TTEES. Chairman may The chairman of a committee submitting a report has read report. a right to read it.-Journal, 2, 27, p. 409. Right of mom-'"A member reporting the measure under consideration 1)er reporting to debate. from a committee may open and close the debate" —Rule 60-and, under the invariable practice, he is entitled to be recognized, notwithstanding another member may have risen first and addressed the Chair- Journal, 3, 17, p. 211-and his right to close the debate is never denied him, even* after the previous question is ordered, or debate has been closed.-Journal, 1, 31, p. 1056. Proceedings of " The proceedings of a committee are not to be pubcommittee not tto~lished, as they are of no force till confirmed by the be published. House." —Manual, p. 70. And it is not in order, under the regular call for resolutions, to submit a resolution instructing a committee to continue its investigations without secrecy either as to their past or future proceedings.-Journal, 3, 42, pp. 121-2. Reference to It is not in order to allude on the floor to anything proceedings in committee not in that has taken place in committee, unless by a written order. report sanctioned by a majority of the committee.Journals, 1, 26, p. 418; 1, 31, p. 393. Recommitment. "After commitment and report thereof to the House, or at any time before its passage, a bill may be recommitted; and should such recommitment take place after its engrossment, and an amendment be reported and agreed to by the House, the question shall be again put on the engrossment of the bill."-Rule 124. But recommitment cannot be moved after the previous question is ordered.-Journal, 1, 29, p. 643. Eff'ect ofrecom- "If a report be recommitted before agreed to in the mitment. 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." —Manual, p. 92. Repetition of "Two motions to recommit are not in order at the motion to recomnio to recom same stage of the bill." —-Journal, 1, 20, April 11. Select commit [A select committee is created either by resolution, tee. how created and filled. when resolutions are in order, or upon motion to refer, when the subject to be referred is before the House; the number of which it is to consist being designated in the resolution or motion.] Under the parliamentary law COiMMITTEES OF THE WHOLE. 65 Manual, pp. 87, 88 —"none who speak directly against the body of the bill" are to be of the committee to which it is referred. The spirit of this law has prevailed in the House so far as that, in the formation of a select committee, in the case of the reference of a bill, a majority of the friends of the measure referred, and in the case of an investigation a majority of those favorable to the proposed investigation, are usually appointed thereon; and the member proposing the select committee is usually appointed the chairman.] Select committees do not hold over to a second or Select committees do not hold subsequent session after their appointment-Journal, over. 2, 32, p. 207-unless specially authorized to do so.-Ibid., 1, 35, lp. 1020. A chairman of a select committee (Stat. at Large, Vol. Administering of oaths by chairI, p. 554) and a chairman of any standing committee men of commit. (Stat. at Large, Vol. III, p. 345) shall be empowered to administer oaths or affirmations to witnesses in any case under their examination. Any person summoned as a witness by authority of Failure of witness to appear or the House to give testimony or to produce papers upon testify. any matter before the House or any committee thereof, who shall willfully make default, or who, appearing, shall refuse to answer any question pertinent to the matter of inquiry in consideration. before the House or committee by which he shall be examined, shall, in addition to the pains and penalties now existing, be liable to indictment as for a misdemeanor. And when a witness shall fail to DutyofSpeaker on filure of wittestify, as above, and the facts shall be reported to the ness to testify. House, it shall be the duty of the Speaker to certify the fact, under the seal of the House, to the district attorney for the District of Columbia.-Stat. at Large, Vol. XI, p. 155. —(See also WITNESS.) COMMITTEES OF THE WHOLE. [The rules and practice of the House recognize two Twro Commit Committees of the Whole, viz, the Committee of thetees f theWh~le Whole House on the state of the Union, to which are referred public bills and public business, and the Committee of the Whole House, to which are referred private bills and private business.] B D 5 66 COMMITTEES OF THE WHOLE. Order of taking " When a resolution shall be offered, or a motion made questions of commitment. to refer any subject, and different committees shall be proposed, the question shall be taken in the following order: The Committee of the Whole House on the state of the Union; the Committee of the Whole House; a standing committee; a select committee."-Rtlle 43. Motion to go "' The House may at any time, by a vote of a majority into, in order at any time. of the members present, suspend the rules and orders for the purpose of going into the Committee of the Whole House on the state of the Union." —Rule 104. [On Fridays and Fridays and Saturdays, which, under Rule 128, are set apart for the consideration of private business, the motion to go into Committee of the Whole House on the private calendar takes precedence of the motion to go into Committee of the Whole House on the state of the Union, but upon a failure of the former motion the latter Seconding of motion may be entertained on those days. If the prepreviousquestion prevents motion vious question shall have been seconded upon any pendto go into. ing proposition, under the practice it is not in order to entertain the motion to go into Committee of the Whole until it is disposed of.] Motion to go It is in order, pending a motion to go to business on into, takes precedenceofmotionto the Speaker's table, to move that the House resolve go to business on Speaker'stable. itself into the Committee of the Whole House on the state of the Union.-Journal, 2, 32, pp. 155, 228. How formed. "[In forming a Committee of the Whole House the Speaker shall leave his chair, and a chairman to preside in committee shall be appointed by the Speaker." —Rule 105. Disturbancein. "4In case of any disturbance or disorderly conduct in the galleries or lobby, the Speaker (or chairman of the Committee of the Whole House) shall have power to order the same to be cleared." —Rule 9. And " in case of great heat and confusion arising in committee, the Speaker may take the chair and bring the House to order."-Manual, p. 72; Journal, 1, 26, p. 814.'Chairman of, The chairman of the Committee of the Whole has may administer oaths. power to administer oaths or affirmations to witnesses in any case under its examination.-Stat. at Large, Vols. I, p. 554; III, p. 345. COMMITTEES OF THE WHOLE. 67 "The quorum of a Committee of the Whole is the Quorum of. same as that of the House."- -Manual,_p. 71. "' If a message is announced during a committee, the Speaker tares chair to receive Speaker takes the chair and receives it, because themessages and reportof Committee committee cannot." —Manual, p. 72. [So, too, during a on Enrolled Bills. committee, the Speaker often takes the chair to receive the report of the Committee on Enrolled Bills, which having been announced, the chairman resumes the chair, and the House is again in committee.] " Whenever the Committee of the Whole House on Want of quorum. the state of the Union, or the Committee of the Whole House, finds itself without a quorum, the chairman shall cause the roll of the House to be called, and thereupon Rolltobecnalled and absentees re. the committee shall rise, and the chairman shall report ported. the names of the absentees to the House, which shall be entered on the Journal." —Rule 106. [And all members are reported as absentees who fail to answer when their names are called, for, upon the completion of the roll, the chairman immediately vacates the chair. Whenever, upon such roll-call, a quorum answer to their names, and that fact is reported to the House, the Speaker declines to receive any motion whatever, and the committee resumes its session without further order. But if no quorum answer, a motion to adjourn, or for a call of the House, is in order; and if upon either of said motions a quorum shall vote, and the House refuse to adjourn or to order a call, the session of the committee is immediately resumed.-Journals, 2, 27, p. 592; 1, 29, p. 356; 2, 29, p. 343; 2, 32, p. 388.] " The rules of proceedings in the House shall be ob- Rules of House to govern, except served in a Committee of the Whole House, so far as as to speaking. they may be applicable, except the rule limiting the times of speaking; but no member shall speak twice to any question until every member choosing to speak shall have spoken."-Rule 113. " No previous question can be put in committee, nor No motion for previousquestion can this committee adjourn as others may —Manual, p. or to adjourn nor 72-nor can the yeas and nays be. taken-Cong. Globe, 1, nortaolieontabsle, 28, p. 618; 1, 26, p. 285-nor can a motion to lie on the' table be entertained-Cong. Globe 2, 31, p. 645 —nor motions to reconsider."-Cong. Globe, 1, 27, p. 305. 68 COMMITTEES OF THE WHOLE. Debate in, on In Committee of the Whole on the state of the Union, the state of the TUnion. all debate on special orders shall be confined strictly to the measure under consideration.-Rule 114. [But it is otherwise where the measure has not been made a special order.-Cong. Globe, 2, 30, p. 587; 1, 31, p. 1475; 2, 31, pp. 6307 631; 1, 32, p. 1856.] DebateooIe hour. 4' NO member shall occupy more than one hour in debate on any question in the Iouse or in committee, but a member reporting the measure under consideration from a committee may open and close the debate: Provided, That when debate is closed by order of the House, any member shall be allowed, in committee, five minutes to explain any amendment he may offer, after which any member who shall first obtain the floor shall be allowed Five minutes' to speak five minutes in opposition to it; and there shall debate. be no further debate on the amendment; but the same privilege of debate shall be allowed in favor of and against any amendment that may be offered to the amendAmendmentnot ment; and neither the amendment nor an amendment to to be withdrawn without unani- the amendment shall be withdrawn by the mover thereof, fllous consent. unless by the unanimous consent of the committee: ProAll debatemay vided further, That the House may, by the vote of a majority of the members present, at any time after the five minutes' debate has taken place upon proposed amendments to any section or paragraph of a bill, close all debate upon such section or paragraph, or at their election upon the pending amendments only." —Rule 60. Hour debate " The House may at any time, by a vote of a majority may be closed. of the members present, provide for the discharge of the Committee of the Whole House, and the Committee of the Whole House on the state of the Union, from the further consideration of any bill referred to it, after acting without debate on all amendments pending and that may be offered."-Rule 104. [The closing of debate herein referred to has reference only to the hour debate; the five minutes' debate contemplated by the 1st proviso of the 60th Rule (recited in the foregoing paragraph) commences upon the adoption of the order under this rule. Form of resolu- The following is the form of resolution (sanctioned by bat. ion for closing debate. long practice) for closing the hour debate, viz: "Resolved, COMMITTEES OF THE WHOLE. 69 That all debate in the Committee of the Whole House (or Committee of the Whole House on the state of the Union, as the case may be) on (here insert title of bill of subject upon which it is proposed to close debate) shall cease (here insert time at which it is proposed to close debate) if the committee shall not sooner come to a conclusion upon the same; and the committee shall then proceed to vote on such amendments as mnay be pending or offered to the same, and shall then report it to the House with such amendments as:may have been adopted by the committee."] The proposition to close debate may be made at any time, taking precedence even of a motion to go into Committee of the Whole; but to be in Subject must have been previ. order at all, the subject upon which it is proposed to ously considered. close debate must have been previously taken up and considered by the committee.-Journal, 1, 32, p.. 147. This rule is construed to apply as well to messages as Rule applies to messages as well bills; indeed, to all subjects committed.-fJournal, 1, 32 as bills. p. 146. And debate may be closed upon any one of the subjects referred to in a message.-Journal, 1, 32, p. 147. The right of the member who reports the measure under Member reporting measure still consideration to close debate is held not to be affected hbas right to close debate. by this rule; but he may make his closing speech after the arrival of the time at which the House has directed that debate shall cease.-Journal, 1, 31, p. 1056; and such has been the invariable practice ever since. TWhere general debate has been closed, a member is Miemberoffering not at liberty to speak in opposition to his own amend- not speak against it, orto main quesment.-Cong. Globe, 1, 31, p. 1408. Nor can he debate tion. the main proposition.-lbid., 2, 32, p. 1723. Debate having been closed at a particular hour by Where debate closed, time canorder of the House, it is not competent for the commit- not be extended tee, even by unanimous consent, to extend the time. —by Cong. Globe, 2, 32, pp. 784, 785. It is in order for the committee to lay aside a bill after May t.ake up other business having gone through with it, and, before rising, to pro- after getting through with a ceed to other business on the calendar, notwithstanding bill on which dethe House may have adopted a resolution closing debate thereon. —Cong. Globe, 1, 33, pap. 1130, 1131. "All amendments made to an original motion in conl- Amendmentsto an original motion. 70 COMMITTEES OF THE WHOLE. mittee shall be incorporated with the motion and so Bills and resolu- reported." —Rule 108. [Bills and resolutions are sometions originating in Committees of times originally moved in Committees of the Whole, the Whole. having for their bases messages or reports previously referred and then up for consideration.] Amendments to "All amendments made to a report committed to a a report. Committee of the Whole House shall be noted and reported as in the case of bills."-Rule 109. An amended If the committee shall amend a clause, and subseclause subse*uently stricken quently strike out the clause as amended, the first amendout. ment thereby falls, and cannot be reported to the House Bill amended and voted on.-Journal, 2, 31, p. 346. [So, too, if the and substitute afterward adopted. committee shall amend a bill ever so much, and subsequently adopt a substitute therefor, the bill is to be reported to the House with but a single amendment, viz, the substitute; and the House has only to choose between the original bill and the substitute.] Motion to rise. In Committee of the Whole a motion to rise, like the motion to adjourn in the House, may be made at any time; and when at the rising a member is entitled to the floor, he is entitled to occupy it in preference to any other member at the next sitting of the committee.-, Member does CGoin. Globe, 1, 31, pp. 358, 388. And a member occupynot lose his right to floorbyrising ing the floor may yield it to another member to move of, and may yield that the committee rise, without losing his right to reocfor that purpose. Motion to rise cupy it at the next sitting. —lbid., 2, 31, p. 645. The many be withdriaw beforevote motion to rise may be withdrawn at any time before the announced. vote thereon is announced.-Ibid., 1, 31, p. 318. Motion for tax "No motion or proposition, for a tax or charge upon people.r charge the people shall be discussed the day on which it is made or offered, and every such proposition shall receive its first discussion in a Committee of the Whole House."Increase of tax Rule 110. And "'no sum or quantum of tax or duty or duty. voted by a Committee of the Whole House shall be increased in the House, until the motion or proposition for such increase shall be first discussed and voted in a Committee of the Whole House, and so in respect to the time of its continuance." —Rule 111. Appropriations, "All proceedings touching appropriations of money of money to be firstdiscssed. shall be first discussed in a Committee of the Whole House."-Rule 112. (See APPROPRIATION BILLS.) COMMITTEES OF THE WHOLE. 71 [The construction given to this rule is, that all bills, or amendments thereto, containing an appropriation of money must be committed to a Committee of the Whole before being considered in the House; hence, if such a bill, on its engrossment or third reading, or such an amendment, be pending before the House, and no motion is made to commit or postpone, the House must pass from its consideration and the bill go to the Speaker's table; but House bills with Senate amendments reducing the amount of or restricting appropriations need not be committed.] A bill directing the disbursement of money already Billswhichneed appropriated-Journal, 1, 24, p. 254-or directing pay- notbecommitted ment of money hereafter to be appropriated-Journal, 1, 31, p. 1216-need not be committed. Neither is it necessary that a bill containing an appropriation of lands should be committed.-Journal, 1, 30, p. 526. And when the rules have been suspended for the purpose of enabling the report of a measure to be made, and also for its consideration, a point of order that it contains an appropriation cannot be well taken.-Journal, 1, 34, pp. 1172, 1173. "No appropriation shall be reported in the general o Amendments to appropriation appropriation bills, or be in order as an amendment bills. thereto, for any expenditure not previously authorized by law, unless in continuation of appropriations for such public works and objects as are already in progress, and for the contingencies for carrying on the several departments of the Government."-Rule 120. An amendment in the nature of a private claim on the Government is not in order to a general appropriation bill.-Cong. Globe, 1, 31, pp. 1617, 1651; 2, 32, p. 736; 1, 33, pp. 385, 1483. [In the case of an appropriation reported by the Com- Cannotrule out of order any part mittee on Appropriations in conflict with the 120th Rule, of tho bill corn and committed with the bill, it is not competent for the mitted. Committee of the Whole to rule it out of order, because the House having committed the bill (of course it is otherwise where the point was reserved before commitment) are presumed to have received, as in order, the report in its entirety. So far as proposed amendments 72 COMMITTEES OF THE WHOLE. P actice in re- are concerned, the current of decisions in Committees of ments in. the Whole has been to exclude not only all appropriations not previously authorized by law, (with the exceptions containedin the rule,) but also all independent legislation; tolerating, however, limitations and provisos as to appropriations which are themselves in order.] How bills are to "Upon bills commit'ted to a Committee of the Whole be considered in. House, the bill shall be first read throughout by the Clerk, and then again read and debated by clauses, leaving the Preamble. preamble to be last considered; the body of the bill shall How amend- not be defafced or interlined; but all amendments, notmtnetdire to be ing the page and line, shall be duly entered by the Clerk on a separate paper, as the same shall be agreed to by After bill is re- the committee, and so reported to the House. After reportd from. port, the bill shall again be subject to be debated and amended by clauses before a question to engross it be taken."-Rule 107. [The first reading herein required is usually dispensed with, but of course only by unanimous consent. Since the practice has obtained of printing all bills upon the order for their commitment, the amendments are usually noted upon a copy of the bill. The debate and amendment after report of a bill is usually precluded by an order for the previous question.] What bills are [General appropriation, tariff. and tax bills are con clausesaendd whb sidered by clauses; other bills by sections.] by ections. A clause or sec. Where a bill is being considered by clauses or sections, tionrre annot bwhen re- and the committee has passed from the consideration of passed over, a particular clause or section, it is not in order to recur thereto.-Cong. Globe, 2, 32, p. 730; 2, 35, p. 1422. Howbills are ta- "In Committee of the Whole on the state of the Union, ken up in Union. the bills shall be taken up and disposed of in their order on the calendar; but when objection is mlade to the consideration of a bill, a majority of the committee shall decide, without debate, whether it shall be taken up and Preferred bills disposed of or laid aside: Provided, That general approin. priation bills, and, in time of war, bills for raising men or money, and bills concerning a treaty of peace, shall be preferred to all other bills at the discretion of the committee; and when'demanded by any member, the question shall first be put in regard to them."-Rule 114. COIMMITTEES OF THE WHOLE. 73 [Where a bill has been taken up and is left undisposed of at the rising of the committee, it is the business first in order when the House shall again resolve itself into committee.] A motion to strike out the enacting words of a bill Report of, to.strike out enact shall have precedence of a motion to amend; and, if ing words. carried, shall be considered equivalent to its rejection. Whenever, a bill is reported from a Committee of the Whole, with a recommendation to strike out the enacting words, and such recommendation is disagreed to by the House, the bill shall stand recommitted to the said committee without further action by the Hlouse.-Rule 123. Where an amendment is reported from the Committee Amendments from, not divisiof the Whole as an entire and distinct proposition, itble. cannot be divided, but must be voted upon as a whole.Journals, 1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 30, pp. 574, 575. [The following are the usual forms of report by the. Formsofreport chairman of the Committee of the Whole, viz:'" The Committee of the Whole House on the state of Incaseofreport with or Vwithout the Union, having, according to order, had the state of amendmnent. the Union generally under consideration, and particularly (here insert title of bill or other matter,) have directed me to report the same with (or without, as the case may be) amendments." Where the committee have failed to get through with Incaseoffailure to get through. the matter before them, instead of saying, " have directed me to report," &c., say, "have come to no resolution thereon." Where the committee have risen for want of a quorum, In case of want qf quorum. instead of saying, " have directed me to report," &c., say, "having found itself without a quorum, I-caused the roll to be called, and herewith report the names of the absentees to the House." In case of reports from a Committee of the Whole Reports from a committee of the House, omit the words "' on the state of the UnionCVhol~ House.f where they first occur, and strike out the words " state of the Union" where they next occur, and insert 4private calendar." [The report of the chairman of the Committee of the Reportof, when received and conWhole is invariably received immediately upon the rising siderea 74 COMPENSATION. of the committee, and, under the uniform practice, the bill or other proposition reported is the business then in order for the consideration of the House. It might be otherwise in case it was made to appear that a quorum was not present when it was proposed to make the report.] But a mere assertion of.the fact, without evidence. that a quorum is not present, will not prevent the reception of the report.-Journal, 1, 35, pp. 814, 822. COMPENSATION. Members shall "Representatives shall receive a compensation for receive. their services, to be ascertained by law and paid out of the Treasury of the United States."-Const., 1, 6, 9. Ofthe.Speaker. By the act of March 3, 1873, it is provided that the Speaker of the House of Representatives shall, after the present Congress, receive in full, for all his services, compensation at the rate of ten thousand dollars per Ofmembersand annum; and Senators, Representatives, and Delegates Delegates. in Congress, including Senators, Representatives, and Delegates in the Forty-second Congress, holding such office at the passage of this act, and whose claim to a seat has not been adversely decided, shall receive seven thousand five hundred dollars per annum each, In lieunofall al- and this shall be in lieu of all pay and allowance, except lowances except actual traveling actual individual traveling expenses from their homes expenses. to the seat of Government and return, by the most direct route of usual travel, once for each session, of the HIouse to which such Senator, Member, or Delegate belongs, to be certified to under his h and to the disbursing officer, and filed as a voucher.-Stat. at Large, Vol. X VII, p. 486. By the act of March 3, 1873, it is provided.that hereafter Representatives and Delegates elect to Congress whose credentials in due form of law have been duly filed with the Clerk of the House of Representatives in accordance with the provisions of the act of Congress approved March third, eighteen hundred and sixty-three, ~May be paid may receive their compensation monthly from the beginbeginnmlgoftheir ning of their term until the begining of the first session of term. until, &c. each Congress, upon a certificate in the form now in use, to be signed by the Clerk of the House, which certificate shall have the like force and effect as is given to the certificate COMPENSATION. 75 of the Speaker under existing laws: Provided, That in case Members whose seats are contestthe Clerk of the House of Representatives shall be noti- ed, not to receive pay until they are fled that the election of any such holder of a certificate of swiorn in. election will be contested his name shall not 1k placed upon the roll of members-elect so as to entitle, him to be paid, until he shall have been sworn in as a member, or until such contest shall be determined.-Stat. at Large, Vol. XVII, p. 488, 489. Bythe actof August 16, 1856, it is provided that if any Price of books to l)e deducted books shall hereafter be ordered to and received by fom. members by resolution of either or both Houses of Congress, the price paid for the same shall be deducted from the compensation provided for such member or members; but this does not extend to books ordered to be printed by the Public Printer during the Congress for which the said member shall have been elected. It is also the duty of the Sergeant-at-Arms of the House, and the Secretary of the Senate, respectively, to deduct from Deduction from, in case of abthe monthly payment of any member the amount of his sence. compensation for each day that such member shall be absent from the House or Senate, respectively, unless such Representative, Senator, or Delegate shall assign as the reason for such absence the sickness of himself or of some member of his family. —Stat. at Large, Vol. XI,p. 48. By the joint resolution of July 17, 1862, it is declared Furtherdeduction from, in case that withdrawal from his seat by a member without of absence. leave, in anticipation of, and before, the adjournment of Congress, and a failure to return, shall, in addition to the deduction provided by the foregoing act, work a forfeiture of his mileage for returning home, the amount of which shall be deducted from his compensation.Stat. at Large, Vol. XIII, p. 628. By a resolution of the House of March 4, 1842, the Excess of stationery to be deSergeant-at-Arms is required to deduct the amount of the ducted from. excess of stationery to which he is entitled, received by a member, from the pay and mileage of such member.Journal, 2, 27, p. 495. (See STATIONERY.) The compensation which shall be due the members of Amount of, to be certified by each House shall be certified to by the presiding officers the Speaker. thereof, respectively; and the same shall be passed as public accounts, and paid out of the public Treasury. 76 COMPENSATION-cONCURRENCE. Certificates of Stat. at Large, Vol. III, p. 404. And all certificates which the Speaker for, to be conclusive. may have been or may be granted by the presiding officers of the Senate and House of Representatives, respectively, of the amount of compensation due to the members of their several Houses, are, and ought to be, deemed, held, and taken, and are hereby declared to be, conclusive upon all the Departments and officers of the Government of the United States.-Stat. at Large, Vol. IX, p. 523. Ofmemberwho By the joint resolution of March 3, 1859, it is provided shall die after the commencement that whenever, hereafter, any member of the House of of Congress. Representatives shall die after the commencement of the Congress to which he shall have been elected, compensation shall be computed and paid his widow, or, if no widow survive him, to his heirs-at-law, for the period that shall have elapsed from the commencement of such Congress as aforesaid: Provided, That compensation shall be computed and paid in all cases for a period of not less than three, months; and in no case shall cono f m em b e r structive mileage be computed or paid. The compensaelected to fill vacancy. tion of each person elected or appointed afterward to supply the vacancy so occasioned shall hereafter be colputed and paid from the time the compensation of his predecessor is hereby directed to be computed and paid for, and not otherwise.-Stat. at Large, Vol. XI, app. 442, 443. o f m e mb er By the joint resolution of July 12, 1862, it is provided elected to fill vacancy. that in all cases of vacancy in either House of Congress, by death or otherwise, of any member elected or appointed thereto, after the commencement of the Congress to which he shall have been elected, each person afterward elected or appointed to fill such vacancy shall be compensated and paid from the time that the compensation of his predecessor ceased: Provided, That no member shall receive for his compensation more than three thousand dollars for any one year.-Stat. at Large, Vol. XII, _p. 624. The present compensation is $7,500 per annum. (See ante, p. 74.) (See SERGEANT-AT-ARMS and MILEAGE.) CONCURRENCE. Question on, is [The question which first arises on a resolution, amend CONFERENCE COMMITTEES. 77 ment, or conference report, is on concurrence. And as the first which the negative of concurrence amounts to the affirmative rises. of non-concurrence, no question is afterward put on the latter motion.] CONFERENCE COMMITTEES. "It is on the occasion of amendments between the When conferences are asked. Houses that conferences are usually asked; but they may be asked in all cases of difference of opinion between the two Houses on matters depending between Of what onunber to consist. them."-'Manual, p. 128. [A conference committee, under the usage, consists of three members of the Senate Report of, by and three members of the House. The report of a con- signed. ference committee must be signed by a majority of the members of each House composing the said committee.] " In every case of an amendment of a bill agreed to In case of disagreement as to in one House and dissented to in the other, if either House amendments. shall request a conferrence and appoint a committee to confer, and the other House shall also appoint a committee to confer, such committee shall, at a convenient hour, to be agreed upon by their chairman, meet in the conference, chamber, and state to each other, verbally or in writing, as either shall choose, the reasons of their respective Houses for and against the amendment, and confer freely thereon." —Joint Rule 1. [Usually, and especially toward the close of a session, Request of Senate for, when the request of the Senate for a conference is reciprocated considered. immediately upon its being communicated to the House; but such request can only be considered in order at the time that messages from the Senate on the Speaker's table are in order.] The usual course of proceeding previous to a conference TTsnal proceedis for one House to disagree to the other's amendment, ing previous to. and for the amending House to insist upon its amendment and ask a conference.-Journal, 1, 35, pp. 711, 933, 1062. But it sometimes happens, near the close of a session, that one House disagrees to the other's amendments and thereupon asks a conference.-Journal, 1, 3, pp. 221, 222; 2, 35, p. 564. A conference sometimes tConference aftakes place after one House has adhered.-Journal, 1, 3, pp. 281, 283; 2, 3, ]p. 254; 1, 34, pp. 1600, 1602; 1, 35, pp. 78 CONFERENCE COMMITTEES. 604, 615, 620; Senate Journal, January 20 1834; Manual, p. 129. At least two "4 In the ordinary parliamentary course there are two conferences before adherence. free conferences at least before an adherence."-Manual, p. 126. There are sometimes three and even four conferences before a matter of difference is disposed of.-Journal, 1, 34, pp. 943, 1600; 1, 35, p. 1136. To recede, to In the case of disagreeing votes between the two insist, to adhere. houses, the House may either recede, insist and ask a conference, or adhere, and motions for such purposes take precedence in that order. (See Manual, pp. 114, 115; Jqurnal, 1, 23, p. 229; 1, 34, pp. 1516 to 1518.) [Even though the previous question may be pending on a motion to insist or to adhere, a motion to recede, which removes the disagreement between the Houses and passes the- bill, may be made, but of course is not debatable.] Report may be The report of a committee of conference is, under the time at ny practice of the House, so highly privileged that it has been held to be in order even pending a motion for a call of the House.-Journal, 1, 31, p. 1590. [Indeed, under the practibe, reports of conference committees are received at any time, (except when the rules are suspended,) even during the pendency of a motion to adjourn or to adjourn over, and, like the motion to go to the Speaker's table, may interrupt a member who is on the floor speaking.] Me m b e r of, [A member of a conference committee who may be ababsent. sent on the business of the committee is, according to the practice, understood to be absent by leave of the House.] Where unable Where a conference committee is unable to agree, to agree. that fact is reported, and another committee is usually asked for and appointed.-Journals, 1, 31, p. 1681; 1, 34, pp. 919, 938, 1516, 1518; 3, 34, p. 663; 1, 35, p. 1118. Where report So, too, when a report is disagreed to, another conferis disagreed to, ence usually takes place. —Journals, 2, 27, p. 1248; 3, 34, pp. 653, 655; 1, 35, pp. 1105, 1106. May beinstruct- [A committee of conference may be instructed like any ed. other committee, but the instructions cannot be moved when the papers are not before the House.] CONGRESSIONAL DIRECTORY-CONGRESSIONAL GLOBE. 79 The report of a committee of conference cannot be Cannot be amended or altered as that of another committee may be.-Manual, p. 128. Journal Senate, May 24, 1796. The report may be laid on the table.-Journal, 1, 31, Report may be laid on the table. p. 1590. [And its effect will be to lay the bill also on the table.] The committee may report agreement as to some of May rep o r t agreement as to the matters of difference, but unable to agree as to p art and disaothers. —Journal, 1, 29,p. 1302. ethgre st.'" The request of a conference must always be by the Must be asked by House which House which is possessed of the papers."-LMatual, p. has the papers. 128. "In all cases of conference asked after a vote of dis- Papersto be left with conferees of agreement, &c., the conferees of the House asking it are Houseagreeingto to leave the papers with the conferees of the other."- conference. Manual, p. 129. [And of course the report must be first Where report to be first made. made to the House agreeing to the conference.] CONFIDENTIAL COMMUNICATIONS. (See SECRET SESSION.) CONGRESS. (See MEETING OF CONGRESS.) CONGRESSIONAL DIRECTORY. By the joint resolution of February 14, 1865, it is pro- By whom comvided that the Congressional Directory shall be compiled piled. under the direction of the Joint Committee on Public Printing, and published bythe Superintendent of Public Printing; the first edition of each session to be ready for W h e n to be distribution'within one week after the commencement bation.fr distrithereof.-Stat. at Large, Vol. XIII, p. 568. CONGRESSIONAL GLOBE. E or many years prior to the close of the last session Reported prothe daily proceedings of the House, including the de- ceedings. bates, were published in the Congressional Globe. And, in order to facilitate the reporting of the same, the Doorkeeper was directed, by a resolution of the House, (Jour- s e at s for renal, 1, 32, p. 70,) to provide chairs for its reporters, to be porters of. placed in front of the Clerk's desk. It is not a privileged question to correct a report in Not privileged the Globe.-Gong. Globe, 1, 31, Vp. 1148. ~to correct a rethe Globe.-Cong. Globe, 1 31 p. 1148.ort in. 80 CONGRESSIONAL GLOBE. An appropriation is annurally made to furnish each member and Delegate with twenty-four copies of the Congressional Globe and Appendix. Namesofmem- A record is required to be made in the Congressional bers not voting to be recorded ill. Globe, immediately after the names of those voting in the affirmative and negative, of those not voting, on any call of the yeas and nays.-Rule, 149. Contract with By the act of April 2, 1872, (Stat. at Larqe, Vol. publishers of, authorized. XVII, p. 47,) the Congressional Printer is directed to contract with Franklin Rives, Jefferson Rives, and George A. Bailey for reporting and printing the debates in Congress for two years from March 4, 1871, in accordance with a proposed form of contract fiom the said Rives& Bailey, submitted to and approved by the Joint Committee on Printing on the part of the Senate. Reporters for, And it is provided further " that no person shall be emto be approved by Speaker. ployed as a reporter for the House without the approval of the Speaker of the House-: Provided, That it shall be the duty of the Joint Committee on Public Printing to publish an advertisement once a week, for four weeks, in one newspaper in each of the cities of Washington, Philadelphia, New York, Boston, Chicago, Cincinnati, Louisville, Saint Louis, and San Francisco, inviting proposals in detail for reporting and for printing, together In regard to and separately, the debates of the Forty-third, the Fortyfuture reporting. fourth, and the Forty-fifth Congresses, together or separately, and to report all proposals which may be received before the designated day to Congress, at the earliest practicable date, with estimates, hereby directed to be made by the Congressional Printer, of the cost of reporting the debates and of printing them at the Government Printing Office, accompanied by the recommendations of the Joint Committee on Public Printing on all proposals and estimates so submitted; and that the bills for such advertising be paid in equal parts from the contingent funds of the Senate and of the House of Representatives: And provided further, That no debates shall be reported or published at public expense, after the close of the present Congress, except upon written contracts entered into therefor under the authority of Congress." CONGRESSIONAL GLOBE. 81 By the act of March 3, 1873, the last proviso to the Repeal of fore; going provisoact providing for printing and reporting the debates ill debates by whom Congress, approved April second, eighteen hundred and to be printed. seventy-two, is repealed: Provided, That until a contract is made, the debates shall be printed by the Congressional Printer, under the direction of the Joint Committee on Public Printing on the part of the Senate.Stat. at Large, Vol. XVJI, p. 510. On the 3d March, 1873, the following preamble and Proceedings, &c., to be furresolution were agreed to, viz: nishedbylresent corps of reporters Whereas the present contract for publication of the of. debates expires with this session: And whereas the sundry civil appropriation bill, about to become a law, provides that until a new contract be made, the debates shall be printed by the Congressional Printer, but makes no provision for reporting, leaving each House to adopt such arrangements on that subject as it may deem best: Therefore, Resolved, That the reports of the House proceedings Reporters of, to be officers of the and debates, shall be furnished to the Congressional House. Printer by the present corps of Globe reporters, who shall hereafter, until otherwise ordered, be officers of the House under direction of the Speaker, and shall receive the same compensation now allowed to the official reporters of committees.-Journal, 3, 42, _pp. 582, 583. By the act of March 2, 1865, it is provided that the Proceedings shall appear in proceedings of Congress shall be published in the Daily next daily paper Globe of the day subsequent to the day such proceed- &c ings were had, and delivered to both Houses at their time of meeting; but the daily publication of not more than forty columns of such proceedings is required, and speeches not actually delivered shall be postponed until the same can be published without increasing the extent of proceedings beyond forty columns. —Stat. at Large, Vol. XTII, p. 460. By resolution of the House of May 7,1866, it is directed Copies of bills, &c., to be furthat the reporters of the Congressional Globe be fur- uisead to reportnished with three copies each of all bills and resolutions er of. printed by order of the House. —Journal, 1, 39, p. 675. By resolution of the House of February 16, 1867, the Listofmembers to be furnished to Clerkis directed to furnish the publishers of the Globe, the publishers of. B D-6 82 CONSIDERATION-CONVERSATION-DEBATE. at each session of Congress, a list of the members of the House, with their post office address and the number of their seats.-Journal, 2, 39, p. 405. CONSIDERATION. ofWhen question When any motion or proposition is made, the question' Will the House now consider it.' shall not be put, unless it is demanded by some member, or is deemed necessary by the Speaker. —Rule 41. And it is competent for a member to raise the question of consideration upon a report, even though a question of privilege is involved in the report.-Journal, 1, 35, pp. 1083, 1085. When too late. But after a question has been stated, and its discussion commenced, it is too late to raise the question of consideration. —Journal, 1, 17, pp. 296, 297. CONTESTED ELECTIONS. (See'ELECTIONS CONTESTED.) CONVERSATION. when not tobo "4 While the Speaker is putting any question or addressing the House, or when a member is speaking, none shall entertain private discourse." —Rule 65. COURT OF CLAIMS. (See CLAIMS, COURT OF.) DAILY GLOBE. (See CONGRESSIONAL GLOBE.) DEBATE. Motion to be "When a motion is made and seconded, it shall be stated or read be. fore. stated by the Speaker; or being in writing, it shall be handed to the Chair and read aloud by the Clerk before debated." —Rule 38. Member must When any member is about to speak in debate, or rise and address "Mr. Speaker." deliver any matter to the House, he shall rise from his seat and respectfully address himself to " Mr. Speaker."Rule 57. [According to the usage, he may rise from any seat he may happen to occupy.] DEBATE. 83'" When two or more members happen to rise at once, Whenmore than the Speaker shall name the member who is first to one memberreises speak."-Rule 59. And it is the right of the Speakei generally to name the member entitled to the floor. — Journal, 2, 32, p. 405. (See also Manual, p. 78, where it is held, in reference to similar language in a rule of the Senate, that no appeal lies from the presiding officer's decision.) By parliamentary courtesy, the member upon whose Wvhoentitledto motion a subject is brought before the House is first enti- floor by courtesy. tled to the floor. —Journal, 2, 30, p. 247. [So, too, it is an invariable practice for the Speaker, at every new stage of a bill or proposition, to recognize first the member who has had charge of it, even if another member addressed him first: Provided, He is a competitor for the floor.] " No member shall speak more than once to the same No member shall,question without leave of the House, unless he be the exceptthenmove, mover, proposer, or introducer of the matter pending; in which case, he shall be permitted to speak in reply, but not until every member choosing to speak shall have spoken."-RBule 63. But it is too late to make the question of order that a member has already spoken, if no one claims the floor until he has made some progress in his speech. —Journal, 1, 29, p. 534.;i Members may ad- Where members may speak firom. dress the House or committee from the Clerk's desk, or from a place near the Speaker's chair."-Rule 58. [Mem bers very seldom speak from the place here indicated, but usually from some central position in the hall.] Where an amendment is offered after a member has Members may speak again after occupied the floor, he may again occupy the floor, the amendment ofquestion being changed.-Journal, 1, 28, p. 532. fered. A member who has once spoken may be recognized to Member,nay move previous move the previous question. —JTournal, 1, 24, p. 83. question after having once spoThe right of the "' member reporting the measure" to ken.g open and close debate is not affected by an order either and close, not af: opnfeated by previfor the previous question or that debate shall cease in fecquted stion or committee. —JoTurnal, 1, 31, p. 1056. Cong. Globe, 1, 31, close of debate. pp. 1308 to 1310. [But he has only an hour allowed by the rules to close the debate; and if, after having occupied part of the hour in closing, he moves the previous 84 DEBATE. question and it is seconded, he is then only entitled to so much of the hour as he has not already occupied.] Where member Where a member has spoken part of his hour, and moves previous w question within moved the previous question, he may withdraw the lis hour. motion and speak for the remainder of his time. —Journal, 1, 31, pp. 1367, 1368. Member may While a member is occupying the floor, he may yield yield for explanatlon, &ec it to another for explanation of the pending measure as well as for personal explanation.-Journal, 1, 32, p. 524. [So, too, he may yield it for a motion to adjourn, or that the committee rise, without losing his right to reoccupy it for the remainder of his time whenever the pending question shall be resumed; but it is otherwise when he yields to enable another to offer or withdraw an amendment.] Must be con- " A member shall confine himself to the question under fined to the question and person- debate, and avoid personality"-.Rule 57 —but in comality avoided.. In Committee mittee of the Whole on the state of the Union he is not of the Whole. bound to confine himself to the question under debateCong. Globe, 2, 30, p. 587; 1, 31, p. 1475; 1, 32, p. 1856except where a special order is pending, when the debate must be confined strictly to the measure under consideration.-Rule 114. Contestant in A contestant for a seat or other person occupying the debate to be subject to rules. floor by leave of the House, is subject alike with members to the rules regulating debate.-Journal, 1, 287 p. 1011. jeeQtion of bil de- The question of the rejection of a bill, arising upon its batfabile. first reading, is debatable. —Journal, 2, 32, p. 152. eakore th to On an appeal growing out of questions as to the applionceon appeals. cability or relevancy of propositions, &c., "no member shall speak more than once without the leave of the House."- -Rule 2. Where membetr " If any member, in speaking or otherwise, trangress transgresses the rulesinspeaking. the rules of the House, the Speaker shall, or any member may, call to order; in which case, the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate; if there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order DEBATE. 85 he shall be at liberty to proceed; if otherwise, he shall not He may proceed in order, if no be permitted to proceed, in case any member object, without member objects, leave of the House; and if the case require it, he shall be liable to the censure of the House."-Rule,61. "If a member be called to order for words spoken in Words excepted debate, the person calling him to order shall repeat the to writing. words excepted to, and they shall be taken down in writing at the Clerk's table;. and no member shall be held to swhalefnnot oeds answer, or be subject to the censure of the House, for spoken. words spoken in debate, if any other member has spoken, or other business has intervened, after the words spoken, and before exception to them shall have been taken."Rule 62. It is a breach of order in debate to notice what has Proceedings of other house not been said on the same subject in the other house, or the to be noticed in. particular votes or majority on it there; because the opinion of each house should be left to its own independency, not to be influenced by the proceedings of the other; and the quoting them might beget reflections leading to a misunderstanding between the two houses. —Manual, p. 81. "'For any speech or debate in either house, members Not to be qudestioned out of shall not be questioned in any other place." —Const., 1, Housefordebate. 6,p. 9. While a member is speaking, none shall entertain tiNO conveTsaprivate discourse, nor pass between him and the Chair.- between member and Chair. Rule 65. " No member shall occupy more than one hour in debate Hour rule. on any question in the House or in committee; but a member reporting the measure under consideration from a committee may open and close the debate: Provided, That where debate is closed by order of the House, any member shall be allowed, in committee, five minutes to dFve minutes' explain any amendment he may offer-after which any member who shall first obtain the floor shall bo allowed to speak five minutes in opposition to it, and there shall be no further debate on the amendment; but the same privilege of debate shall be allowed in favor of and against any amendtment that may be offered to the amendment; and neither the amendment nor 86 DEBATE. an amendment to the amendment shall be withdrawn by the mover thereof, unless by the unanimous consent Closing of all of the committee: Provided further, That the House debate. may, by the vote of a majority of the members present, at any time after the five minutes' debate has taken place upon proposed amendments to any section or paragraph of a bill, close all debate upon such section or paragraph, or at their election upon the pending amendments only."-Rule 60. Debate may be "4The House may at any time discharge the Committee closed in Committee of the Whole. of the Whole House and the Committee of the Whole House on, the state of the Union from the further consideration of any bill referred to it, after acting, without debate, on all amendments pending that may be offered."-Rule 104. Butsubjectmust But the subject must have been considered in Comnhave been considered in commit: mittee of the Whole; and this rule applies as well to tee. messages as bills.-Journal, 1, 32, _pp. 146, 147. Not allowed on By Rule 52 debate on the day of their presentation is r es o l u tions or bills on leave on prohibited upon resolutions submitted on the call of the day of presentation. States and Territories after the reports of committees; and by Rule 130 all resolutions submitted on Mondays which shall give rise to debate shall lie over for discussion at least until all the States and Territories are called. And it has been decided (Journal, 1, 26, pp. 557, 763) that bills introduced on leave upon the call for resolutions, and which give rise to debate, must also lie over. It is a very common practice, however, when a resolution is submitted under these rules, for the mover to immediately demand the previous question, which, if ordered, prevents debate and brings the House to a direct vote on the resolution-thus avoiding the necessity for its lying over.-Journal, 1, 26, pp. 1064, 1067; 2, 27, p. 429; 1, 28, p. 558; 1I 29, p. 1235; 1, 30, p. 326. Prohibited on By Rule 130 all bills introduced on leave during the bills introduced on Mondays. first hour after the Journal is read on Mondays must be referred without debate. Not allowed on "On the first and fourth Friday and Saturday of each private bills on 1st and 4th Fri- month the calendar of private bills shall be called over, days and Saturdays. and the bills to the passage of which no objection shall DEBATE. 87 then be made shall be first considered and disposed of. But when a bill is again reached, after having been once objected to, the committee shall consider and dispose of the same, unless it shall again be objected to by at least five members."-Rule 129. [The universal practice under this rule is not to tolerate discussion in committee on any private bill on the days named; and it has been decided (Journal 1, 31, p. 697) that the rule applies equally to bills in the House.] "A motion to adjourn, and a motion to fix the day to Not allowed on motions to adwhich the House shall adjourn, shall be always in order; journ, to fix day, and to lie on these motions, and the motion to lie on the table, shall table. be decided without debate."-Rule 44.' On a motion to excuse a member from voting, the Notallowed on motion to be exquestion shall be taken without debate."-Rule 31. cused from vot" On a previous question there shall be no debate. All igor on previous question or incidental questions of order arising after a motion is incidental quesmade for the previous question, and pending such tionendingit. motion, shall be decided, whether on appeal or otherwise, without debate." And under Rule 132, after the main question is ordered, its effect shall be " to put an end to all debate." And " the House may also, at any time, on motion, seconded by a majority of the members present, close all debate upon a pending amendment, or an amendment thereto, and cause the question to be put thereon; and this shall not preclude any further amendment or debate upon the bill." Pending the demand for the previous question on the Noronmotionto reconsider third passage of a bill, it is not in order to debate a motion to reading while previousquestion reconsider the vote on its third reading; but the vote ispendingonpasmust be taken without debate. —Journal, 1, 34, p. 1009. sage. Nor pending such demand is it in order even to ask a question of the mover of the proposition.-Journal, 1, 28, p. 1003. "All questions relating to the priority of business to tions of priority be acted on shall be decided without debate." Rule 66. of business. [It has been invariably held, too, that a motion to sus- toronmotionl pend the rules is not debatable; nor motions to recon- or to reconsider votes on quessider votes on questions which were not themselves tieos not debatdebatable, except where the original question was not 88 DELEGATES. debatable by reason of the order for the previous question.] Noi afteramem- Where a question has been ordered to be taken by ber has answered to his-name. yeas and nays, and has been put by the Speaker, and upon the roll-call a vote has been given by a member, further debate is procluded.-Journal, 2, 10, p. 446. Such continues to be the practice; but if a member rises before a response is given, and is recognized by the Chair, he may proceed to debate the question.-Journal, 1, 17, pp. 216, 217. On motion to [On a motion to postpone, the debate allowable is very postpone and commit. limited; but on a motion to cozmmit the whole question is open.] DEBATES, REPORTING AND PUBLICATION OF. (See CONGRESSIONAL GLOBE.) DELEGATES. Provision for By the act of March 3, 1817, it is provided, " that in every Territory of the United States in which a temporary government has been or hereafter shall be established, and which, by virtue of the ordinance of Congress of the 13th of July, 1787, or of any subsequent act of Congress passed or to be passed, now hath or hereafter shall have the right to send a Delegate to Congress, such delegate shall be elected every second year, for the same term of two years for which members of the House of Representatives of the United States are elected; and in that House each of the said Delegates Shall haveright shall have a seat, with a right of debating, but not of to debate, but not to vote,.voting. Compensation The compensation and franking privilege of Delegates and franking privilege of. are the same as of members.-(See COMPENSATION and FRANKING PRIVILEGE.) The right of a Delegate to submit a resolution is recognized by the 52d and 130th Rules, and it is also compeMay make mo- tent for him to submit any motion which a member may tions. maike, except the motion to reconsider, which is dependent upon the right to vote.-Journals, 2, 30, p. 503; 1, 31, p. 1280. DEPARTMENTS-DISORDER. 89 The Speaker shall appoint from among the Delegates To be appointed on certain from the Territories an additional member of the corn- committees. mittee on the Territories; and he shall also appoint the Delegate from the District of Columbia an additional member of the Committee for the District of Columbia; but the said Delegates in their respective committees shall have the same privileges only as in the House.Rule 162. [In the organization of the House, the names of Dele- inmeof, calledt in organization of gates are called over after those of members, and before the House. taking their seats the same oath or affirmation is administered as in the case of members.] By the act of January 16, 1873, the provisions of the act NTot to receive pay for services of June 11, 1864, prohibiting members from receiving where the U. S. pay for services where the United States is interested, is interested. are extended so as to apply to Delegates.-Stat. at Large, Vol. XVII, Ip. 411. DEPARTMENTS. (See EXECUTIVE DEPARTMENTS.) DISORDER. "' In case of any disturbance or disorderly conduct in In the galleries the galleries or lobby, the Speaker (or chairman of the or lobby. Committee of the Whole House) shall have power to order the same to be cleared."- Rule 9. "-Each house may punish its members for disorderly Housemaypuuish members for. behavior."-Const. U. S., 1, 5, 8. "The Speaker shall preserve order and decorum." — Speakershall Rule 2. And the Sergeant-at-Arms shall aid in the en- forcement of order under the direction of the Speaker.Rule 22.;" If any member, in speaking or otherwise, transgress In caseof memthe rules of the House, the Speaker shall, or any mem- der. ber may, call to order; in which case the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order he shall be at liberty to proceed; if otherwise, he shall 90 DISORDER. not be permitted to proceed, in case any member object, without leave of the House; and if the case require it, he shall be liable to the censure of the House." -Rule 61. Membermaybe "If a member be called to order for words spoken in censured. debate, the person calling him to order shall repeat the words excepted to, and they shall be taken down in writing at the Clerk's table; and no member shall be held to answer, or be subject to the censure of the House, for words. spoken in debate, if any other member has spoken, or other business has intervened, after the words spoken, and before exception to them shall have been taken." —Rule 62. (See decision under latter clause of this rule, Journal, 2, 37, p. 610.) Specific viola 4" While the Speaker is putting any question, or addresstions of order. ing the House, none shall walk out of or across the House; nor in such case, or when a member is speaking, shall entertain private discourse; nor while a member is speaking shall pass between him and the Chair. Every member shall remain uncovered during the session of the House. No member or other person shall visit or remain by the Clerk's table while the yeas and nays are calling or ballots are counting. Smoking is prohibited within the bar of the House or gallery." —Rule 65. Member not to " No person in speaking is to mention a member then )e named in debate. present by his name,"-ll-Manual, p. 79. Disorderlywords "l Disorderly words spoken in a committee must be writin committee. ten down as in the House, but the committee can only report them to the House for animadversion."-Manual, p. 81. Committee can- "I A committee cannot punish a breach of order in the. not punish for. House. It can only rise and report it to the House, who may proceed to punish."-Manual, p. 94; Journal, 1, 28, p. 846. Speaker may i If repeated calls do not produce order, the Speaker call member by name. may call by his name any member obstinately persisting in irregularity."-Manual, p. 80. Clerkshallpre- "IPending the election of a Speaker, the Clerk shall serve order and decorum before preserve order and decorum,' and shall decide all ques-:e.ker is eltions of order that may arise, subject to appeal to the House."-Rule 146. DISTRICT OF COLUMBIA, COMMITTEE FOR. 91 DISTRICT OF COLUMBIA, COMMITTEE FOR. "There shall be appointed at the commencement of When appointed, and of what each Congress a Committee for the District of Columbia, number. to consist of eleven members." -Rule 74. " The Speaker shall appoint the Delegate from the Dis- Delegate to be added to the comtrict of Columbia an additional member of the saidmittee. committee; but the said Delegate shall have the same privileges only as in the House." —Rule 162.'" It shall be the duty of the committee for the District Its duties. of Columbia to take into consideration all such petitions and matters or things touching the said District as shall be presented, or shall come in question, and be referred to them by the House, and to report their opinion thereon, together with such propositions relative thereto as to them shall seem expedient. The third Friday of each Tobeonlycalled on third'Friday month, from th e hour of 2 o'clock p. m. until the adjourn- of each month. ient of that day, shall, when claimed by the Committee for the District of Columbia, be devoted exclusively to business reported from said committee; and said committee shall henceforth be omitted by the Speaker in the regular calls of committees." —Rule 82. DIVISION OF THE HOUSE. (See VOTING.) DIVISION OF QUFESTIONS.'" Any member may call for the division of a question, Howmade. before or after the main question is ordered, which shall be divided if it comprehend propositions in substance so distinct that one being taken away a substantive proposition shall remain for the decision of the House. A Motion to strike motion to strike out and insert shall be deemed indivisi- diutandinsertnot ble."-Rule 46. But it has been decided on appeals that Otherquestione on motions to commit with instructions, or on the differ-t divisible. ent branches of instructions-Journals, 1, 17, p. 507; 1, 317 pp. 1395-'97; 1, 32, p, 611 —on a Senate amendmentJournals, 2, 32, p. 401 —on an amendment reported as a single amendment from a Committee of the, WholeJournals, 1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 37, p. 170, &c.-on a series of resolutions proposed to be inserted in lieu of other matter —Congres 92 DIVINE SERVICE. sional Globe, 1, 31, p. 1301 —a division of the question cannot be had. Upon engross- "Upon -the engrossment of any bill making approment of internal improvement priations of money for works of internal improvement bills, of any kind or description, it shall be in the power of any member to call for a division of the question, so as to take a separate vote of the House upon each item of improvement or appropriation contained in said bill, or upon such items separately, and others collectively, as the members making the call may specify; and if onefifth of the members present second said call, it shall be the duty of the Speaker to make -such divisions of the question, and put them to vote accordingly."-IRule 121. Xnotallowed up- [But it has been invariably held, and never appealed on other bills. from, that the rules in regard to a division of the question apply to no other description of bills than such as make, "appropriations of money for works of internal improvement."] DIVINE SERVICE. Not to be per- "No person shall be permitted to perform divine serformedinthehall without the con- vice in the chamber occupied by the House of Repreer. sentatives unless with the consent of the Speaker."Rule 6. DOCUMENTS. (See PUBLIC DOCUMENTS.) DOORKEEPER. To be elected A Doorkeeper shall be elected at the commencement at the commencementofeach Con- of each Congress, to continue in office until his successor Oath of office. is appointed, who shall take an oath for the true and faithful discharge of the duties of his office, to the best His appointees of his knowledge and abilities, and to keep the secrets subject to the approval of the of the House; and his appointees shall be subject to VPiva voce vote the approval of the Speaker; and in his election the for. vote shall be taken viva voce. -Rule 10. Additionaloath He is also required, by the act of July 2, 1862, to take of. an additional oath.-(See OATH.) Shall strictly ex-'"The Doorkeeper shall execute strictly the 134th and ecute the rules in regard to admis- 135th Rules, relative to the privilege of the hall; and he sion on the floor andingallery. shall be required, at the commencement and close of DOORKEEPER. 93 each session of Congress, to take an inventory of all the furniture, books, and other public property in the several Shall take incommittee and other rooms under his charge, and shall ventory of propt report the same to the House; which report shall be re- a other rooms. ferred to the Committee on Accounts, who shall determine the amount for which he shall be held liable for missing articles. It is the duty of the Doorkeeper, ten minutes Shall clear the before the meeting of the House each day, to see that notprivilperdten the floor is cleared of all persons except those privileged lonuste meebf to remain during the sessions of the House." —Rule 27. By the act of second session Forty-first Congress, p. Shall make full account of Gor365, it is made his duty to make out a full and complete ernmentproperty account of all the property belonging to the Unitedinhispossess'n. States in his possession, on the first day of each regular session, and at the expiration of his term of service. " When a message shall be sent from the Senate to Shall announce fhe House of Representatives, it shall be announced at the Senate.m the door of the House by the Doorkeeper."-Joint Rule 2. [The Doorkeeper (with the aid of his appointees, viz: Duties not enuthe superintendents of the'"folding-room" and'docu- meratedinrules. ment-room," messengers, pages, folders, and laborers) discharges various duties which are not enumerated in the rules, viz: he announces at the door of the House all messages from the President, &c.; keeps the doors of the House; folds and distributes extra documents; furnishes members with printed copies of bills, reports, and other documents; conveys messages from members; keeps the hall, galleries, and committee-rooms in order, &c., &c.] By a resolution of the House of June 4, 1872, (Jour- To prevent the nat, 2, 42, p. 1056,) it is provided that the Speaker order rooms during the the Doorkeeper of the House to prevent strictly the oc- thorizedSerso ns. cupation of any of the offices and rooms assigned by the Speaker and by orders of the House to the use of the several officers and committees of the,House, by any person whatsoever, during any recess of the House, without the written consent of the officer having such office in charge, or of the chairman or chairmen of the committee or committees to whom such room has been assigned. 94 DUTIES OR TAXES-EDUCATION AND LABOR, COMMITTEE ON. When to dis- By the act of February 21, 1867-Stat. at Large, Vol. charge certain duties of the XIV, p. 397-it is provided that in case of vacancies in Clerk. lthe offices of Clerk and Sergeant-at-Arms, or of their absence or inability to act, the duties imposed on the Clerk by law or custom relative to the preparation of the roll of Representatives or the organization of the House, shall be performed by the Doorkeeper of the next preceding House of Representatives. DUTIES OR TAXES. Motion for, to "No motion or proposition for a tax or charge upon be first discussed in Committee of the people shall be discussed the day on which it is made or offered; and every such proposition shall receive its first discussion in a Committee of the Whole House."-Rule 110. So also for in- 4 No sum.or quantum of tax or duty, voted by a Comcrease of. mittee of the Whole House, shall be increased in the House until the motion or proposition for such increase shall be first discussed and voted in a Committee of the Whole House, and so in respect to the time of its continuance."- Rule 111. (See also COMMITTEES OF THE WHOLE.) It has been decided that the foregoing rules do not cover the case of a special duty or tax upon national banks to meet certain expenses to be incurred by the General Government on account of said banks.-Journal, 1, 38, p. 537; Cong. Globe, vol. 51, p 1680. EDUCATION AND LABOR, COMMITTEE ON. When appointed, numbeW and L' There shall be appointed, at each Congress, a Commit duties of. tee on Education and Labor, to consist of eleven members, to whom shall be referred all petitions, bills, reports, and resolutions on those subjects, and who shall from time to time report thereon." —Rule 160. ELECTIONS BY THE HOUSE. House shall choosetsofficers "The House of Representatives shall choose their Majorityneces- Speaker and other officers."-Const., 1, 2, 6. counted. " In all other cases of ballot than for committees a majority of the votes given shall be necessary to an elec ELECTIONS BY THE HOUSE-ELECTIONS, COMMITTEE OF. 95 tion; and where there shall not be such a majority on the first ballot, the ballots shall be repeated until a majority be obtained. And in all ballotings blanks shall be rejected and not taken into the count in enumeration of votes or reported by the tellers."-Rule 12. "In all cases of ballot by the House the Speaker shall Speaker shall vote. vote."-Rule 7. "In all cases where others than members of the Previous nomiHouse may be eligible to an office by the election of the House there shall be a previous nomination." —Rule 11.'" In all cases of election by the House of its officers Votetobetaken the vote shall be taken viva voce." —Rule 10.:".No member or other person shall visit or remain by No person to visit Clerk's the Clerk's table while the ayes and noes are calling or table during. ballots are counting."-Rule 65. After the election of a particular officer is postponed, After postpone-.ient, not in it is not in, order to move to proceed to the election of order to go into such officer before the arrival of the period to which the postponement was made. —Journal, 1, 31, p. 405. But if On failure to go into at a specified the House should fail to go into an election on the day time, may beproceeded with subspecified in the order of postponement, the matter does sequently. not thereby drop, but the election may be proceeded with subsequently.-Journal, 1, 26, p. 253. [Ordinarily it has been held that the election by the Obrdinriyestion of House of any of its officers is a question of privilege.] privilege. (See also PRESIDENT, SPEAKER, CLERK, SERGEANTAT-ARMS, DOORKEEPERt POSTMASTER, and PRINTER, PUBLIC.) ELECTIONS, COMMITTEE OF. The Committee of Elections is of the number of the When to be appointed, and committees which, under the 74th Rule, are to be ap- number. pointed at the commencement of each Congress, and to consist of eleven members each.'" It shall be the duty of the Committee of Elections Its duties. to examine and report upon the certificates of election, or other credentials, of the members returned to serve in this House, and to take into their consideration all such petitions and other matters touching elections and returns as shall or may be presented or come into ques 96 ELECTORAL VOTES —ELECTONS, CONTESTED. tion and be referred to them by the House."-Rzule 75. ELECTORAL VOTES. (See PRESIDENT OF THE UNITED STATES.) ELECTIONS, CONTESTED. House may de- 44 Each House shall be the judge of the elections, recide. turns, and qualifications of its own members."- Const., 1, 5, 8. Notice of coan By the act of February 19, 1851, (Stat. at Large, Vol. test. test. IX, p. 568,) it is provided that notice of intention to contest shall be given by contestant to returned member within thirty days after the result of the election shall be determined by the canvassers, specifying particularly the grounds upon which he relies in the conAnswer to no- test. Within thirty days after service of said notice the tice. returned member shall answer the same, admitting or denying the alleged facts, and setting forth specifically any. other grounds upon which he rests the validity of his election; and he shall serve a copy of his answer Before whom upon the contestant. Where either party desire to take testimony m ay be taken. testimony, application may be made to any judge of any court of the United States, or to any chancellor, judge, or justice of a court of record of any State, or to any mayor, recorder, or intendant of any town or city, said officer to reside within the congressional district in which said election was held, who shall issue subpaenas to the Notice to be witnesses named. Notice of intention to examine witgiven to opposite party. nesses shall be given to the opposite party at least ten days before their examination; but neither party shall give notice of taking testimony at different places at the same time, or within less than five days between the close of taking it in one place and its commencement in Testimonytobe the other. No testimony shall be taken, unless with the closedwithin sixty days. consent of the House, (which may allow supplementary evidence to be taken,) after the expiration of sixty days from the service of the answer of the returned member; vwith notice and and a copy of the notice of contest and of the answer of answer,to be sent 1 i toClelk ofHousethe returned member shall be prefixed to the deposiof IRepresenta tionsa and transmitted with them to the Clerk of the tives. t House of Representatives. Testimony to beTaiienwithin By the act of January 10, 1873, supplemental to and ningety days, andforegoing, provided that in all in what order. amendatory of the foregoing, it is provided that in all ELECTIONS, CONTESTED. 97 contested-election cases the time allowed for taking testimony shall be ninety days, and the testimony shall be taken in the following order: The contestant shall take testimony during the first forty days; the returned member during the succeeding forty days; and the contestant may take testimony in rebuttal only during the remaining ten days of said period. Such testimony in rebuttal may be taken on five days' notice. Testi- Notice, and places. mony may be taken at two or more places at the same time. Depositions of witnesses residing outside of the dis- Depositions trict and beyond the reach of a subpoena, may be taken before whom. before any officer authorized by law to take testimony in contested election cases in the district in which the witness to be examined may reside. That the party desiring to take a deposition or depo- Notice to the sitions under the provisions of this act or of the act to opposite party to state what and which this is an amendment, shall give the opposite par- how to be served. ty notice, in writing, of the time and place, when and where, the same will be taken, as well as of the name of the witness or witnesses to be examined, and of the name of an officer before whom the same will be taken. The notice shall be personally served upon the opposite party, or upon any agent or attorney of his authorized by him to take testimony or cross-examine witnesses in the matter of such contest, if, by the use of reasonable diligence, such personal service can be made; but if, by the use of such diligence, personal service cannot be made, the service may be made by leaving a duplicate of the notice at the usual place of abode of the opposite party. The notice shall be served so as to allow the opposite party sufficient time by the usual route of travel to attend, and one day for preparation, exclusive of Sundays and the day of service. And the taking of the Adjournments of taking testi. testimony may, if so stated in the notice, be adjourned mony. from day to day. The notice, with the proof or acknowl- Notice, &c., to be attached to edgment of the service thereof, shall be attached to the deposition. depositions when completed. The party notified as Party notified y select an aforesaid, his agent or attorney, may, if he see fit, select mocer to officiate with the one an officer (having authority to take depositions in such named in the nocases) to officiate, with the officer named in the notice, tice. B D -7 98 ELECTIONS, CONTESTED. in the taking of the depositions; and if both such officers attend, the depositions shall be taken before them both, sitting together, and be certified by them both. Proceedings in But if only one of such officers attend, the depositions such cases. may be taken before and certified by him alone. It shall be competent for the parties, their agents or attorneys Partiesmaycon- authorized to act in the premises, by consent in writing, sent in wIriting to talke deposi- to take depositions without notice; and it shall also be tions without notice, or before competent for them, by such written consent, to take certain officers. depositions (whether upon or without notice) before any officer or officers authorized to take depositions in common law, or civil actions, or in chancery, by either the laws of the United States or of the State in which the same may be taken, and to waive proof of the official The written character of such officer or officers. Any written conconsent to be returned with the sent given as aforesaid shall be returned with the depo. deposition. sitions; and every such officer so chosen by the parties, their agents or attorneys, and officiating, shall have all the powers in the premises that are conferred by the act to which this is an amendment upon the officers named therein. At the taking of any deposition under this act, Parties may ap- or the act to which this is an amendment, either party pear personally or by attorney. may appear and act in person, or by agent or attorney. Officers taking All officers taking testimony to be used in a contested testimonytosend the same when election case, whether by deposition or otherwise, shall,,completed, b y mail, under seal, when the taking of the same is completed, and without,to the Clerk.of the H ouse of unnecessary delay, certify the same, and carefully seal Representatives, and immediately forward the same by mail, addressed to ment. the Clerk of the House of Representatives of the United States, Washington, D. C.; and shall also endorse upon the envelope containing such deposition or testimony the name of the case in which it is taken, together with the name of the party in whose behalf it is taken, and Depositions, shall subscribe such endorsement. Upon the written haow to be opened, &c. request of either party the Clerk of the House of Representatives shall open any deposition at any time after he shall have received the same, and he may furnish,copies. either party with a copy thereof.-Stat. at Large, Vol. X VII, p. 408-9. No payment out By the act of March 3, 1873, it is provided that after,of contingenttthe expiration of the Forty-second Congress no pay ENACTING WORDS, STYLE OF-MOTION TO STRIKE OUT. 99 ment shall be made by the House of Representatives, fuilnd to be made out of its contingent fund or otherwise, to either party to a contested-election case for expenses incurred in prosecuting or defending the same.-Stat. at large, Vol. XVUI, p. 490. Upon the hearing of a case of contested election by Contestant allowed to debate. the House, the courtesy of occupying a seat upon the floor, and of being heard in his own behalf, is usually extended by the House to the contestant-Journals, 1, 29, p. 278; 1, 34, p. 1258, &c.-and he is subject to all But subject to the rules of debate which are applicable to members.- the rules. Journals, 1, 28, p. 1012. [All questions relating to the right of a member to his Contested-ele. — tion cases take seat are held *to be questions of privilege, and hence precedence over other business. take precedence of other business.] ENACTING WORDS. By the act approved February 25, 1871, Sess. Laws, p. Style of. 43, it is enacted, " That the enacting clause of all acts of Congress hereafter enacted shall be in the following form:' Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled;' and the resolving clause of all joint resolutions shall be in the following form:'Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,' and no further enacting or resolving words shall be used in any subsequent section or resolution after the first; and each section shall be numbered and contain as nearly as may be a single proposition of enactment." [Prior to the passage of the foregoing act the style of enactment had rested entirely upon usage.] ENACTING WORDS- MOTION TO STRIKE OUT. "A motion to strike out the enacting words of a bill Takes precedence of a motion shall have precedence of a motion to amend; and if to amend. Its effect if carcarried, shall be considered equivalent to its rejection. riel. Whenever a bill is reported from a Committee of the Whole, with a recommendation to strike out the enacting words, and such recommendation is disagreed to by the Effect of disaHouse, the bill shall stand recommitted to the said com- ommendation of mittee without further action by the House. But before committee. 100 ENGRAVING. Effect of re- the question of concurrence is submitted, it is in order porting from the Committeeof the to entertain a motion to refer the bill to any committee Whole. of the House, with, or without, instructions, and when the same is again reported to the House, it shall be referred to the Committee of the Whole without debate, and resume its original place on the calendar." —Rule 123. Where reporte d The question which arises (under the recent practice) with such recommendation, ques- upon a report from the Committee of the Whole that the tion that arises, &c. enacting words be stricken out is, " Shall the enacting words be stricken out?." and the previous question is exhausted upon the taking of such vote.-Journals, 1, 33, p. 872; 3, 34, p. 479; 1, 35, p. 107. ENGRAVING. Maps not to be "l Maps accompanying documents shall not be printed printed without special order. under the general order to print without the special direction of the Hlouse." -Rule 139. To be procured By the joint resolution of June-23, 1860, (Stat. at Large by Superintendent of Public Vol. XJlI,p. 119,) it is provided that " when any charts, Piinting, under direction of com- maps, diagrams, views, or other engravings shall be required to illustrate any document ordered to be printed by either House of Congress, such engravings shall be procured by the Superintendent of the Public Printing, under the direction and supervision of the Committee on Printing of the house ordering the printinig of the same."-,(See PRINTING, PUBLIC.) to be referred " There shall be referred by the Clerk to the members oJ to the House members of the the Committee on Printing on the part of the House all Committee o n Printing. drawings, maps, charts, or other papers which may at any time come before the House for engraving, lithographing, or publishing in any way; which committee shall report to the House whether the same ought, in their opinion, to be published; and if the House order the publication of the same, that said committee shall direct the size and manner of execution of all such maps, charts, drawings, or other papers, and contract, by agreement in writing, for all such engraving, lithographing, printing, drawing, and coloring, as may be ordered by the House; which agreement, in writing, shall be furnished by said committee to the Committee of Accounts, to govern said committee in all allowances for such ENGROSSED BILLS-ENROLLED BILLS, COMMITTEE ON. 101 works; and it shall be in order for said committee to report at all times."-Rule 100. By the joint resolution of March 3, 1863, it is directed Over two hundred and fifty dolthat " all lithographing and engraving, where the prob- lars to be awarded to the lowest able cost exceeds two hundred and fifty dollars, shall be and best bidder. awarded to the lowest and best bidder for the interest of the Government, after due advertisement by the Superintendent of Public Printing, under the direction of the Committee on Printing." —Stat. at Large, Vol. XII, p. 826. 4C Provided, That the Joint Committee on Public Printing be authorized to empower the Superintendent of Public Printing to make immediate contracts for engraving, whenever, in their opinion, the exigencies of the public service will not justify waiting for advertisement and award."-Ibid., Vol. X[II, p. 185. (See also PRINTING, PUBLIC.) ENGROSSED BILLS. "'All bills ordered to be engrossed shall be executed Engrossment, in a fair round hand." -Rule 125. "While bills are on their passage between the two To be on paper and signed by houses they shall be on paper, and under the signature Clerk. of the Secretary or Clerk of each house respectively."Joint Rule 5. ENROLLED BILLS. " After a bill shall have passed both houses, it shall be To be onparchmert. duly enrolled on parchment by the Clerk of the House of Representatives, or the Secretary of the Senate, as the bill may have originated in-the one or the other house, before it shall be presented to the President of the United States."-Joint Rule 6. (See also ENROLLED BILLS, COMMITTEE ON.) ENROLLED BILLS, COMMITTEE ON. " When bills are enrolled, they shall be examined by Shall examine and report eni a joint committee of two from the Senate and two from rolled bills. the House of Representatives, appointed as a standing committee for that purpose, who shall carefully compare the enrollment with the engrossed bills as passed in the two houses, and, correcting any errors that may be dis 102 ENROLLED BILLS, COM. ON-ESTIMATES OF APPROPRIATIONS. covered in the enrolled bills, make their report forthwith to their respective houses."-Joint Rule 7. May report at " It shall be in order for the Committee on Enrolled any time. Bills to report at any time."-Rule 101. [And it is a very common practice, when the House is in committee, for the Speaker to take the chair and receive a report of bills examined, and having signed the same, and the Clerk having read their titles, the committee resumes its session.] [And said committee may report at any time upon any subject regularly referred to them.] After report, " After examination and report, each bill shall be signed bill to be signed by Speaker. in the respective houses, first by the Speaker of the House of Representatives, then by the President of the Senate."-Joint Rule 8. Shall present " After a bill shall have been thus signed in each house, billto President. it shall be presented by the said committee to the President of the United States for his approbation, (it being first indorsed on the back of the roll, certifying in which house the same originated, which indorsement shall be signed by the Secretary or Clerk, as the case may be, of the house in which the same did originate,) and shall be Shall notifyentered on the Journal of each house. The said comHouse of day of mittee shall report the day of presentation to the Prespresentation. ident, which time shall also be carefully entered on the Journal of each house."-Joint Rule 9. Other matters "All orders, resolutions, and votes which are to be tmbnedoll, cex presented to the President of the United States for his approbation shall also, in the same manner, be previously enrolled, examined, and signed; and shall be presented in the same manner, and by the same committee, as provided in the case of bills."-Joint Rule 10. Not to present "No bill or resolution that shall have passed the House aen billto Presi- of Representatives and the Senate shall be presented to dent on last day 0 of session. the President of the United States for his approbation on the last day of the session." —Joint Rule 17. [This rule is usually suspended on the last day of the session.] ESTIMATES OF APPROPRIATIONS. Shall be ad- Estimates of appropriations, and all other communidressed to the Departments, Speaker. cations from the executive Departments, intended for EXECUTIVE DEPARTMENTS. 103 the consideration of any of the committees of the House, shall be addressed to the Speaker, and by him submitted to the House for reference.-Rule 159. EXECUTIVE DEPARTMENTS. " A proposition requesting information from the Presi- Calls on. dent of the United States, or directing it to be furnished by the head of either of the executive Departments, shall lie on the table one day for consideration, unless other- Shall lie over one day. wise ordered by the unanimous consent of the House; and all such propositions shall be taken up for consideration in the order they were presented, immediately after reports are called for from select committees, and, when adopted, the Clerk shall cause the same to be delivered."-Rule 53. [It is usual for the Clerk to deliver When adopted Clerk to deliver. in person all calls upon the President, and to transmit by a messenger, or through the mail, calls upon the heads of Departments.] "a It shall be the duty of the Clerk to make and cause List of reports called for to be to be printed, and deliver to each member at the com- m ade out by mencement of every session of Congress, a list of the Clrk. reports which it is the duty of any officer or Department of the Government to make to Congress, referring to the act or resolution, and page of the volume of the laws or Journal in which it may be contained; and placing under the name of each officer the list of reports required of him to be made, and the time when the report may be expected." —Rule 13. Messages and other executive communications are the communications from, wheni business first in order whenever the House proceeds to considered. the consideration of the business on the Speaker's table.Rule 54. [It is the practice, however, of the Speaker, with the unanimous consent of the House, (which is rarely refused,) to lay such communications as shall not give rise to debate before the House immediately after the expiration of the morning hour, in order that they may be printed and referred.] EXCUSED FROM SERVING ON COMMITTEE. (See COMMITTEES.) EXCUSED FROM VOTING. (See VOTING.) 104 EXPENDITURES, COMMITTEES ON. EXPENDITURES IN THE STATE DEPARTMENT, EXPENDITURES IN THE TREASURY DEPARTMENT, EXPENDITURES IN THE WAR DEPARTMENT, EXPENDITURES IN THE NAVY DEPARTMENT, EXPENDITURES IN THE POST OFFICE DEPARTMENT, EXPENDITURES ON THE PUBLIC BUILDINGS, AND EXPENDITURES IN THE INTERIOR DEPARTMENT, COMMITTEES ON EXPENDITURES. When appoint- "Seven additional standing committees shall be aped and number of. pointed at the commencement of the first session in each Congress, whose duties shall continue until the first session of the ensuing Congress: I. A committee on so much of the public accounts and expenditures as relate to the Department of State; 2. A committee on so much of the public accounts and expenditures as relate to the Treasury Department; 3. A committee on so much of the public accounts and expenditures as relate to the Department of War; To con4. A committee on so much of the public accounts and T expenditures as relate to the Department of the t of five Nmembers Navy;. each. 5. A committee on so much of the public accounts and expenditures as relate to the Post Office; 6. A committee on so much of the public accounts and expenditures as relate to the Public Buildings; and 7. A committee on so much of the public accounts as relate to the Interior Department. J -Rule 102. Duties of. " It shall be the duty of the said committees to examine into the state of the accounts and expenditures respectively submitted to them, and to inquire and report particularly" Whether the expenditures of the respective Departments are justified by law; "' Whether the claims from time to time satisfied and discharged by the respective Departments are supported by sufficient vouchers, establishing their justness both as to their character and amount;'" Whether such claims have been discharged out of funds appropriated therefor, and whether all moneys have been disbursed in conformity with appropriation laws; and EXPENDITUTES, COMMITTEE ON —FEES. 105 " Whether any, and what, provisions are necessary to be adopted to provide more perfectly for the proper application of the public moneys, and to secure the Government from demands unjust in their character or extravagant in their amount. "And it shall be, moreover, the duty of said committees to report from time to time whether any, and what, retrenchment can be made in the expenditures of the several Departments without detriment to the public service; whether any, and what, abuses at any time exist in the failure to enforce the payment of moneys which may be due to the United States from public defaulters or others; and to report, from time to time, such provisions and arrangements as may be necessary to add to the economy of the several Departments and the accountability of their several officers. " It shall be the duty of the several committees on public expenditures to inquire whether any offices belonging to the branches or Departments, respectively, concerning whose expenditures it is their duty to inquire, have -become useless or unnecessary; and to report, from time to time, on the expediency of modifying or abolishing the same; also, to examine into the pay and emoluments of all officers under the laws of the United States; and to report, from time to time, such a reduction or increase thereof as a just economy and the public service may require."-Rule 103. FEES. "W' hen a member shall be discharged from custody, Against mem. bets. and admitted to his seat, the House shall determine whether such discharge shall be with or without paying fees; and, in like manner, whether a delinquent member, taken into custody by a special messenger, shall or shall not be liable to defray the expense of such special messenger." —Rule 37. " The fees of the Sergeant-at-arms shall be, for every Of Sergeant-atarrest, the sum of two dollars; for each day's custody "traveling, &c. and releasement, one dollar; and for traveling expenses for himself or a special messenger, going and returning, one-tenth of a dollar per mile." —Rule 24. And it is pro 106 FIVE-MINUTES DEBATE. vided by act of February 5, 1859, (Stat. at Large, Vol. Constructive XL. 379, "that hereafter the mileage or traveling mileage prohib- ~ ited. allowance to the officer or other person executing precepts or summons of either house of Congress shall not exceed ten cents for each mile necessarily and actually traveled by such officer or other person in the execution of any such precept.or summons." Sergeant-at- But bythe act of July 14,1870, (Stat. at large, Vol. XVI, aro feceivep. 231,) it is provided that in addition to his regular salary he shall receive, directly or indirectly, no fees, other compensation or emolument whatever, for performing the duties of his office, orH in connection therewith. Of witnesse s The rule for paying witnesses summoned to appear summoned by authority of House. before this House or either of its committees shall be as follows: For each day a witness shall attend, the sum of four dollars; for each mile he shall travel in coming to or going from the place of examination, the sum of five cents each way; but nothing shall be paid for traveling when the witness has been summoned at the place of trial." -Rule 138. Of Clerk for The Clerk shall certify extracts from the Journals of extracts f r o m Journal. the House of Representatives. and for such copies shall receive the same fees as are allowed by law to the Secretary of State for similar services.-Stat. at Large, Vol. IX, p. 80. FIVE-MINUTES DEBATE. House may at The House may at any time, by the vote of a majority debate in Comno f the members present, discharge the Committee of the Whtole. f the Whole House and the Committee of the Whole House on the state of the Union from the further consideration of any'bill referred to it, after acting without debate on all amendments pending and that may be offered-Rule 104-but the bill must have been first considered in Committee of the Whole; and this rule applies to messages, &c., as well as bills. —Journal 1, 32, pp. 146, 147. Allowed on " Where debate is closed by order of the House, any amendments, and on amendments member shall be allowed, in committee, five minutes to to amendments. explain any amendment he may offer, after which any member who shall first obtain the floor shall be allowed to speak five minutes in opposition to it, and.there shall FLOOR-FOREIGN AFFAIRS-COM. ON. 107 be no further debate on the amendment; but the same privilege of debate shall be allowed in favor of and against any amendment that may be offered to the amendment; and neither the amendment nor an amendment to the amendment shall be withdrawn by the mover thereof, unless by the unanimous consent of the committee: Provided, That the House may, by the vote of a majority of May be closed on an amendment the members present, at any time after the five-minutes or paragraph. debate has taken place upon proposed amendments to any section or paragraph of a bill, close all debate upon such section or paragraph, or, at their election, upon the pending amendments only."-Rule 60. (See also COMMITTEES OF THE WHOLE.) FLOOR, PRIVILEGE OF ADMISSION ON. ": No person, except members of the Senate, their Sec- Whoshallhave. retary, heads of Departments, the President's private secretary, foreign ministers, the governor for the time being of any State,' Senators and Representatives elect, judges of the Supreme Court of the United States and of the Court of Claims, and such persons as have by name received the thanks of Congress, shall be admitted within the hall of the House of Representatives or any of the rooms upon the same floor or opening into the same: Provided, That ex-members of Congress who are notinterested in any claim pending before Congress, and shall so register themselves, may also be admitted within the hall of the House; and no person except those herein specified shall at any time be admitted to the floor of the House." —Rule 134. The Doorkeeper shall execute strictly the foregoing Doorkeeper to rule.-Rule 27. execute strictly rule.. —Rule 27.:rule relativte to. FOREIGN AFFAIRS, COMMITTEE ON. There shall be appointed, at the commencement of When appointed and number of. each Congress, a Committee on Foreign Affairs, to consist of eleven members.-Rule 74. "It shall be the duty of the Committee on Foreign Its duties. Affairs to take into consideration all matters which concern the relations of the United States with foreign nations, and which shall be referred to them by the 108 FOREIGN MINISTERS-FRANKING PRIVILEGE, ETC. House, and to report their opinion on the same."-Rule 90. FOREIGN MINISTERS. Maybeadmitted Foreign ministers may be admitted within the hall of within the hall. the House.-Rule 134. FRANKING PRIVILEGE. Abolished. By the act of January 31, 1873, it is provided that the franking privilege be abolished from and after the first day of July, anno Domini eighteen hundred and seventy-three. and that thenceforth all official correspondence, of whatever nature, and other mailable matter sent fiom or addressed to any officer of the Government or. person now authorized to frank such matter, shall be chargeable with the same rates of postage as may be lawfully imposed upon like matter sent by or addressed Noallowancetoto other persons: Provided, That no compensation or be made for postage to members. allowance shall now or hereafter be made to Senators, AMembers, and Delegates of the House of Representatives on account of postage.-Stat. at Large, Vol. XVII, p. 421. FREEDMEN'S AFFAIRS, COMMITTEE ON. When appoint- There shall be appointed at the commencement of ed, number and duties of. each Congress a standing committee on Freedmen's Affairs, to consist of eleven members, whose duty it shall be to take charge of.all matters concerning freedmen, which shall be referred to them by the House.-Rule 156. FRIDAYS. Set apart -for Fridays and Saturdays are set apart for the considerprivate business. ation of private bills and private business.-Rule 128. And on the first and fourth Friday and Saturday of each month, bills to the passage of which no objection is Bills notobject-made are first considered and disposed of; but when a cd to, to be considered on first bill is again reached, after having been once objected to, and forth. the committee shall consider and dispose of the same, FURNITURE-GALLERIES. 109 unless it shall again be objected to by at least five members.-Rule 129. (See PRIVATE BILLS AND PRIVATE BUSINESS.) FURNITURE. By the resolution of the House of March 3, 1869, For any one it is directed that the Committee on Public Buildings$oo10 in any one and Grounds shall determine the necessity of furnish- yesoltio of tle Committee on ing or refurnishing the rooms, &c., and that no such Public Buildings furnishing or refurnishing, exceeding $100 for any one an Grounds room in a single year, shall be done by the Clerk without the resolution of said committee.-Journal 3, 40, p. 518. GALLERIES. "Stenographers and reporters, other than the official Certain portion for reporters. reporters to the House, wishing to take down the debates, may be admitted by the Speaker to the reporters' gallery over the Speaker's chair, but not on the floor of the House; but no person shall be allowed the privilege of said gallery under the character of stenographer or reporter without a written permission of the Speaker, specifying the part of said gallery assigned to him; nor shall said stenographer or reporter be admitted to said gallery unless he shall state in writing for what paper or papers he is employed to report; nor shall he be so admitted, or, if admitted, be suffered to retain his seat, if he shall be or become an agent to prosecute any claim pending before Congress; and the Speaker shall give his written permission with this condition."-Rule 135. [Other portions of the galleries are set apart for vis- Visitors. itors.] " In case of any disturbance or disorderly conduct in Speaker o r the galleries or lobby, the Speaker (or chairman of the order cleared. Committee of the Whole House) shall have power to order the same to be cleared.1"-Rule 9. Or the House may order it cleared.-Journal, 1, 24, p. 331. 110 GLOBE-GOVERNORS OF STATES- HALL OF THE HOUSE. GLOBE. (See CONGRESSIONAL GLOBE.) GOVERNORS OF STATES. Admitted on The governor for the time being of any State may be floor. admitted within the hall of the House of Representatives.-Rule 134. Copy ofJournal It shall be the duty of the Clerk, at the end of each to be sent to. session, to send a printed copy of the Journal to the executive of every State.-Rule 14. HALL OF THE HOUSE. Speakertohave The Speaker shall have a general direction of the hall. —Rule 5. And no person shall be permitted to perNot to be used form divine service therein unless with his consent.except for legitimate business. Rule 6. The hall of the House shall not be used for any other purpose than the legitimate business of the House, nor shall the Speaker entertain any proposition to use it for any other purpose, or for the suspension of this rule: Provided, That this shall not interfere with the performance of divine service therein under the direction of the Speaker, or with the use of the same for caucus meetings of the members, or upon occasions where the House may, by resolution, agree to take part in any ceremonies to be observed therein.-Rule 155. Who may b e NO person except members of the Senate, their Secadmitted within. retary, heads of Departments, the President's private secretary, foreign ministers, the governor for the time being of any State, Senators and Representatives elect, judges of the Supreme Court of the United States and of the- Court of Claims, and such persons as have by name received the thanks of Congress, shall be admitted within the hall of the House of Representatives or any of the rooms on the same floor or opening into the same: Provided, That ex-members of Congress who are not interested in any claim pending before Congress, and shall so register themselves, may also be admitted within the hall of the House; and no persons except those herein specified shall at any time be admitted to the floor of HEADS OF DEPARTMENTS-HO(UR RULE, ETC. 111. the House." —Rule 134. And by Rule 27 the Doorkeeper is required to execute this rule strictly. HEADS OF DEPARTMENTS. Heads of Departments may be admitted within the May be admitted, witahin the hall. hall of the House. —Rule 134. HOUR RULE. "No member shall occupy more than one hour in Nomember' shall debate more debate on any question in the House or in committee; than one hour. but a member reporting the measure under consideration from a committee may open and close the debate."Rule 70. (See DEBATE.) HOUIR AT WHICH ADJOURNMENT IS MOVED. The hour at which every motion to adjourn is made To be entered shall be entered on the Journal.-Rule 45. onthe Journal. HOUR OF DAILY MEETING. [The hour of daily meeting is fixed by an order of the How fixed. House-usually on the first day of the session-and continues " until otherwise ordered."] A motion to fix the hour of meeting can only be made When in order to fix. when resolutions (or motions to suspend the rules) are in order.-Journal, 1, 29, p. 933. IMPEACHMENT. "The House of Representatives shall have the sole House has sole power of impeachment."-Const., 1, 2, 6. powerof. [The proceedings in the case of the impeachment of Judge Peck, in the 21st Congress, were as follows: The House having resolved that he be impeached of "' high misdemeanors in office," (Journal, 1, 21, pp. 565, 566,) it was ordered " that Mr. and Mr. - be Committee apappointed a committee to go to the Senate, and at theSeointed to go to bar thereof, in the name of the House of Representatives, and of all the people of the United States, to impeach James H. Peck, judge of the district court of the United States, for the district of Missouri, of high misdemeanors 112 IMPEACHMENT. in office, and acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him and make good the same; and that said committee do demand that the Senate take order for the appearance of the said James H. Peck, to answer to said impeachment." Committee to The House, then, on motion, appointed a committee of prepare articls. five ";to prepare and report to the House articles of impeachment against James H. Peck, district judge of the United States for the district of Missouri, for misdemeanors in his said office."-(p. 567.) Message from A message was received from the Senate notifying the the Senate. House "that the Senate will take proper order therein, of which due notice shall be given to the House of Representatives." —(p. 574.) Articlesreport- The committee appointed to prepare articles of imed and adopted by House. peachment made their report, (p. 584,) whicll was committed to the Committee of the Whole House on the state of the Union, (p. 588;) and having been considered therein, was-reported with amendments, and so agreed to by the House.-(pp. 591 to 595.) Managers ap- It was then ordered "that five managers be, appointed pointed on the part ofthe House. by ballot to conduct the impeachment against James H. Peck, judge of the district court of the United States for the district of Missouri, on the part of the House," who were thereupon appointed. —(p. 595.) It was then ordered "that the articles agreed to by the House, to be exhibited in the name of themselves and of all the people of the United States, against James H. Peck, in maintenance of their impeachment against him Managers to for high misdemeanors in office, be carried to the Senate carry articles to Senate. by the managers appointed to conduct said impeachClerk to notify ment." And the Clerk was directed to inform the Senate Senate of aIppointmenrt of of the appointment of said managers, and of the lastmanaer, &c. mentioned order of the House.-(p. 596.) Messate from A message was received from the Senate informing Senate, when to receiv heman- the House of the time at which it would resolve itself agers. into a court of impeachment, when it would receive the managers appointed to exhibit the articles of impeachment.-(p. 603.) IMPPE ACHMENT. 113 The managers having carried said articles to the Sen- Report of manate, made report of the fact to the House.-(p. 605.) agers The Senate notified the House of its issue of summons Senate notifies House of its proto Judge Peck, (p. 606,) and of its order that he file his ceedings. answer and plea with its Secretary by a certain day. — (p. 625.) The' House resolved that it would, on the day above mined tos gdeternamed, "and at such hour as the Senate shall appoint, Committee of the Whole and atresolve itself into a Committee of the Whole House, and tend in Senate at trial. attend in the Senate" on the trial of the said impeachment —(p. 714.) The Senate on same day notified the House "that it Senate readyto proceed upon was ready to proceed upon the impeachment of James trial, and to reH. Peck, judge, &c., in the Senate Chamber, which chamber was prepared with accommodations for the reception of the House of Representatives." —(p. 717.) Thereupon the House resolved itself into a Committee tIouse attend in of the WThole House, and proceeded to the Senate in that capacity. Having spent some time therein, they returned into the chamber of the House, and the Speaker having resumed the chair, the chairman of the Committee of the Whole reported the proceedings which had taken place, and that the Senate, sitting as a high court of impeachment, had adjourned to meet at the next session.-(p. 717.) At the next session (2, 21) Mr. Buchanan, from the Replication adopted b.y managers, reported to the House a replication to the House. answer and plea of Judge Peck, which was agreed to by the House; and the said managers were instructed to maintain the same at the bar of the Senate, and the Senate were informed thereof.-(pp. 47, 48.) The Senate notified the House of their readiness to Senate notify the House of their proceed to the trial, (p. 52,) and the House resolved that readiness to proceed to trial. from day to day it would resolve itself into a Committee House resolve to of the Whole, and attend the same.-(p. 97.) attendtrial. Subsequently the H~oise resolved that the managers be Rouse ceases to attend trial. instructed to attend the trial, and that the attendance of the House be dispensed with until otherwise ordered.(p. 14l.) The managers having announced that the testimony House attends during the argu. ZB D —:8 ment. 114 INDEXES. had closed, (p. 175,) the House resolved that during the argument of counsel it would from day to day attend in the Senate.-(v. 186.) Report of final The report of the final action of the Senate in the action. case, made to the House by the chairman of the Committee of the Whole. —(p. 236.) Rules of Senate [The rules of proceedings of the Senate in cases of in impeachment cases. impeachment will be found in;" Trial of Judge Peck,1"pp. 56 to 59.] For further information on the subject of impeachment, see "Chase's Trial," and " Trial of Judge Peck." Also proceedings in the case of Judge Humphreys.Journal, 2, 37, pp. 646, 665, 684, 709, to 712, 71M, 723, 726, 731, 821, 832, 940, 943. Also proceedings in the case of A. Johnson, President of the United States.Journal, 2, 40. INDEFINITE POSTPONEMENT. (See POSTPONE, MOTION TO.) INDEXES. To the Journal. "4 The Clerk shall, within thirty days after the close of each session of Congress, cause to be completed the printing and primary distribution, to members and delegates, of the Journal of the House, together with an accurate index to the same."- Rule 16. To the laws " The Clerk shall cause an index to be prepared to the acts passed at every session of Congress, and to be printed and bound with the acts." —Rule 20. [The Clerk has been relieved of the duty required by this rule by the joint resolution of September 26, 1850, which directs that the annual Statutes at Large, published by Little & Brown, (and indexed by them,) be contracted for instead of the edition previously issued by order of the Secretary of State. —Stat. at Large, Vol. JX, p. 564.] To other docu- It also devolves upon the Clerk's office, under the mrents, usage, to prepare indexes to "Executive Documents,";" Miscellaneous Documents," " Reports of Committees," " Reports of Court of Claims,"7 " Bills and Joint Resolutions," &c. INDIAN AFFAIRS) COMMITTEE ON-INTERESTEDI ETC. 115 INDIAN AFFAIRS, COMMITTEE ON. There shall be appointed at the commencement of each When appointed, and number of. Congress a Committee on Indian Affairs, to consist of eleven members.-Rule 74. [There are no duties assigned to this committee by the Duties of. rules.] INTERESTED.' No member shall vote on any question in the event Member not to vote, where. of which he is immediately interested." -Rule 29. [As to the kind of interest here alluded to, the true construction doubtless is, that it shall be a direct personal or pecuniary one.-See note to said rule.] INTERNAL IMPROVEMENT BILLS. " Upon the engrossment of any bill making appropri- Division of ques. ations of money for works of internal improvement oftion onitems of. any kind or description, it shall be in the power of any member to call for a division of the question, so as to take a separate vote of the House upon each item of improvement or appropriation contained in said bill, or upon such items separately, and others collectively, as the members making the-call may specify; and if onefifth of the members present second said call, it shall be the duty of the Speaker to make such divisions of the question, and put them to vote accordingly." —Rule 121. INVALID PENSIONS, COMMITTEE ON. There shall be appointed, at the commencement of each When appointed, Congress, a Committee on Invalid Pensions, to consist of and number of. eleven members.-Rule 74. "' It shall be the duty of the Committee on Invalid Its duties. Pensions to take into consideration all such matters respecting invalid pensions as shall be referred to them by the Hlouse." —Rule 93. By an order of the House of March 26, 1867, all matters relating to pensions to the soldiers of the war of 1812 are to be referred to the Committee on Revolutionary Pensions.-Journal, 1, 40, p. 117. 116 JEFFERSON'S TMANUAL-JOINT RESOLUTIONS. JEFFERSON'S MANUAL. To govern where ";The rules of parliamentary practice comprised in applicable, and not inconsistent Jefferson's Manual shall govern the House in all cases to with rules. which they are applicable, and in which they are not inconsistent with the Standing Rules and Orders of the House and Joint Rules of the Senate and House of Representatives. -Rule 144. JOINT RESOLUTIONS. Resolving clause. [The resolving clause of a joint resolution is, " Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled;" Governed by and, in all respects, joint resolutions are governed by bill es the same rules as bills, the word bill," where it occurs in the rules, being held to apply equally to a "joint resolution." —Cong. Globe, 3, 27, p. 384. cannot be con- [But joint resolutions cannot be amended so as to converted into bill or simple resoli- vert them into bills or simple resolutions, nor can bills tiet.by aendor resolutions be so amended as to convert them into joint resolutions.] Of State legisla- [Joint resolutions of State or territorial legislatures tures. may be presented like 2petitions by handing to the Clerk, with the subject-matter, reference, and member's name6 indorsed thereon.] But where it is desired to have them printed, they may be presented when the States and Territories are called for bills on leave.-Rule 130. As to the dis- [By the Constitution of the United States and the rules tinction between bills and. of the two houses, no absolute distinction is made between bills and joint resolutions, either in regard to the mode of proceeding with them before they become laws, or their force and effect afterwards. For more than fifty years, however, a very marked distinction seems to have been recognized in the legislation of Congress, and the form of joint resolution was resorted to chiefly, and almost entirely, for such purposes as the following, viz: "'To express the sense of Congress;" "to construe provisions in former laws;" "to admit new States;"' to direct or regulate the printing of documents;" and until the 2d session of the 27th Congress no instance is to be found of an appropriation elsewhere than in a bill. JOURNAL. 117 During the first fifty years of the Government, the whole number of joint resolutions passed scarcely amounted to two hundred, while since that period the number has been quadrupled, and at the 41st Congress alone amounted to more than five hundred The increase within the latter period in the number of joint resolutions containing appropriations has been in a still greater proportion. The early and long-continued practice of Congress indicates that the framers of the Constitution who sat in the first and succeeding Congresses, and those who followed them for many years, construed the constitutional provision that "1 no money shall be withdrawn from the Treasury but in consequence of appropriations made by law," as requiring the highest character of lawsnamely, bills, not joint resolutions.] JOURNAL. "Each house shall keep a Journal of its proceedings, Houseshallkeep. and from time to time publish the same, excepting such And ublih. parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any Yeas and nays when to be enquestion shall, at the desire of one-fifth of the members tered on. present, be entered on the JournalY"- Const., 1, 5, p. 9. The Constitution of the United States requires that Veto message, and yeas and'objections" returned to the House by the Presidentays on vetoed with a bill shall be entered " at large on their Journal;" bill to be entered and in all cases the votes of both houses on the passage of a bill so returned shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each house, respectively.-Const., 1, 7, p. 10. The House may judge what are and what are not "pro- House may juidge what are ceedings."- Journal, 1, 29, p. 1047. proceedligs. It is not in order to place on the Journal indirectly Whllat not to be what the House has refused to place there directly.- p Journal, 3, 37, _pp. 122, 123. All proceedings of the House subsequent to the erro- Effect of erroneo0ls announceneous announcement of a vote, which would have been ment of a vote upon subsequent irregular if such vote had been correctly announced, are record. to be treated as a nullity, and are not to be entered ou the Journal.-Journals, 1, 29,p. 1032; 17 31, p. 1436. 118 JOURNAL. Speaker shall "The Speaker shall examine and correct the Journal examine. When to be read. before it is read."-Rule 5. And every day after talking the chair, " on the appearance of a quorum, shall cause the Journal of the preceding day to be read." —Rule 1. [Since the rule authorizing the presentation of petitions what portion in the iouse has been rescinded, that portion of the not read. Journal which contains the record of petitions handed to the Clerk is never read, but is published.] Written motions ";Every written motion made to the House shall be to be inserted on. inserted on the Journals, with the name of the member making it, unless it be withdrawn on the same day on which it was submitted." —Rule 39. [And such motions are often inserted even where subsequently withdrawn, especially where a vote is taken intermediately between To be entered its being submitted and withdrawal. All motions, howon, must be entertained by ever, to be entered on the Journal must be first enterSpeaker. tained by the Speaker.] Name of mem- The name of the member who presents a petition or ber offering petition to beentered memorial, or who offers a resolution to the consideration on. of the House, shall be inserted on the Journal.-Rule 32. [Indeed, the practice is to insert the name of the member who may submit any proposition which is entertained by the Speaker.] Hour of motion "The hour at which every motion to adjourn is made to adjourn to be entered on. shall be entered on the Journal."-Rule 45. Petitions to be "Members having petitions and memorials to present entered on, subject to control may hand them to the Clerk, indorsing the same with of the Speaker. their names, and the reference or disposition to be made thereof; and such petitions and memorials shall be entered on the Journal, subject to the control and direction of the Speaker; and if any petition or mernorial be so handed in which, in the judgment of the Speaker, is excluded by the rules, the same shall be returned to the member from whom it was received."-Rule 131. [The entry of petitions, &c., above directed, is construed to require simply the entry of a brief statement of their contents, their reference, &c.] Absentees in The names of the absentees reported upon a roll-call Committee of the. Whole to be on- in Committee of the Whole "shall be entered on the tered on. Journal." -Rule 106. JUDICIARY, COMMITTEE ON THE. 119 The names also of members not voting on any call of Names of members not voting to the yeas and nays shall be recorded in the Journal imme- be entered on. diately after those voting in the affirmative and negative.-Rule 149. The day of presentation of a bill to the President shall Date of present ation of bill tc be carefully entered on the Journal.-Joint Rule 9. President to be entered on. A demand to enter a protest upon the Journal does not Demand to enter protest on, not a present a question of privilege.-Journal, 2, 33, p. 451. question of priviA motion being made to amend the Journal while it otion to amend judgment.~ for_~ approval_-,'being laid on tais passing under judgment of the /House for approvalbn, blournal does should said motion to amend be laid on the table, the notaccompanyit. Journal does not accompany it. —Journal, 1, 26, p. 28. When a member's vote is incorrectly recorded, it is his Correction of right, on the next day, while the Journal is before the recorded vote. House for its approval, to have the Journal corrected accordingly.-Journal, 2, 30, p. 211. But it is not in order to change a correct record of a vote given under a misappre hension.-Journal, 1, 31, p. 1266. "All questions of order shall be noted by the Clerk, Questions of order to be put at with the decision, and put together at the end of the end of. Journal of every session." —Rule 15. "The Clerk shall, within thirty days after the close of Primary distribution of, to be each session of Congress, cause to be completed the print- made in thirty days after close ing, and primary distribution to members and delegates, of session. of the Journal of the House, together with an accurate index to the same." —Rule 16. "It shall be the duty of the Clerk of the House, at the Printed copy of, end of each session, to send a printed copy of the Jour- ernors, &c. nal thereof to the executive and to. each branch of the legislature of every State." —Rule 14. "Extracts from the Journal, duly certified by the a Extracts from, Clerk, shall be admitted as evidence in the several courts dence in courts. of the United States, and shall have the same force and effect as the original thereof would have if produced in court and proved."-Stat. at Large, Vol. IX, p. 80. JUDICIARY, COMMITTEE ON THE. There shall be appointed, at the commencement of each When appoint. ed, and of what Congress, a, Committee on the Judiciary, to consist of number. eleven members.-Rule 74. 120 LAWS OF THE UNITED STATES. Its duties. "It shall be the duty of the Committee on the Judiciary to take into consideration such petitions and matters or things touching judicial proceedings as shall be presented, or may come in question, and be referred to them by the House; and to report their opinion thereon, together with such propositions relative thereto as to them shall seem expedient." —Rule 83. LAWS OF THE UNITED STATES. Little & Brown's By the joint resolution of September 26, 1850, it is edition of session laws to be fur-provided' "that the Secretary of State be authorized and directed to contract with Little & Brown to furnish their annual Statutes at Large, printed in conformity with the plan adopted by Congress in 1845, instead of the edition usually issued by his order under the act of Congress of April 20, 1818, and which conforms to an edition of the laws now in use."-Stat. at Large, Vol. IX, p. 564. Whole number By the act of April 20, 1818, above referred to, of the contracted for. 11,000 copies of the session laws directed to be published and distributed under the direction of the Secretary of One copy for State, there shall be distributed " to each member of the each member. House of Representatives and delegates in Congress.Fifty copies to from any Territory, one copy each," and "fifty copies to the Clerk for the use of members the Clerk of the House of Representatives for the genand committees. eral use of the committees and members of the House." Three hundred And it is further provided, " that 300 of the said copies copies to Library for use of mem- shall be annually placed in the Library of Congress; bers. and every member of Congress and every delegate shall be entitled to the use of a copy during the session, to be returned and accounted for," &c. One thousand By the act of March 3, 1845, the Attorney General is copies of Statutes authorized to contract with Messrs. Little & Brown for at Large. one thousand copies of their proposed edition of the laws and treaties of the United States, according to the plan in said law set forth.-Stat. at Large, Vol. V, p. 798. Of which number, by the act of August 8, 1846, there are to be distributed, under the direction of the Secretary Two hundred of State, I"two hundred and eighty copies to the Libraand eighty copies for Library for rian of Congress for the use of the members of the Senate tse of members. and House during the sessions of Congress," and " fifty LIBRARY OF CONGRESS. 121 copies to the Clerk of the House of Representatives for Fifty copies to Clerk for use of the chambers and committee-rooms of the House." — committees, &c. Stat. at Large, Vol. IX, p. 75. By the act of February 5, 1859, the distribution pro- Secretary of Interior to distri. vided for. in the foregoing acts is directed to be made bute. by the Secretary of the Interior; and of the number of Statutes at Large heretofore deposited in the Library of Congress for the use of members, it was directed that, after retaining ten copies, two-thirds of those remaining Copies to be transferred to should be transferred to the Library of the Ilouse.-Stat. House Library. at Large, Vol. XI, p. 379. By the act of June 25, 1864, it is made the duty of the fCoies of, to be furnished by SeeSecretary of the Senate to furnish the Superintendent of retary of Senate and printed. Public Printing with correct copies of all laws and joint resolutions as soon as possible after their approval by the President; and the Superintendent shall immediately cause to be printed, separately, the usual number for the use of the two houses; and in addition thereto, he shall cause to be printed and bound, at the close of each ses- Extra copies of. sion, three thousand for the use of the Senate and ten thousand copies for the use of the House, with a complete alphabetical index, prepared under the direction of the Joint Committee on Printing. —Stat. at Large, Vol. XI1I, p. 185. By the joint resolution approved March 31, 18667 the Contractfor, renewed and time Secretary of State is directed to renew the contract with for delivery exLittle, Brown & Co., for the annual publication of the Statutes at Large until otherwise ordered by Congress, and the time for their delivery is extended to seventy days after the adjournment of each session of Congress.-Stat. at Large, Vol. XIV, p. 352. When an act has been approved by the President, the To be printed for the use of the usual number of copies shall be printed for the use of House. the House.-Rule 157. LIBRARY OF CONGRESS. By the act of April 24, 1800, the first appropriation Firstappropriafor the purchase of books for the use of Congress, ancd for the fitting up in the Capitol an apartment therefor, was made; and said purchase was directed to be made 122 LIBRARY OF CONGRESS. by the Secretary of the Senate and Clerk of the House, " pursuant to such directions as shall be given, and such catalogue as shall be furnished by a joint committee of both houses of Congress, to be appointed for that purpose;" and the regulations of said library were to be such " as the committee aforesaid shall devise and establish." -Stat. at Large, Vol. II, p. 56. President of Sen- By the act of January 26, 1802, the President of the ate and Speaker to make regula- Senate and the Speaker of the House for the time being tions for. are " empowered to establish such regulations and instructions in relation to the said library as to them shall seem proper, and from time to time to alter or amend the same: Provided, That no regulation shall be made repugnant President of U. to any provision contained in this act." It confers the Sibrtario. appointment of the librarian upon'" the President of the United States solely," and provides further, " that no map shall be permitted to be taken out of said library by any Who may take person; nor any book, except by the President and Vicebooks from. President of the United States and members of the Senate and House of Representatives for the time being;" and'" that the unexpended balance of the sum of $5,000 appropriated by the act of Congress aforesaid for the purchase of books and maps for the use of the two houses of Congress, together with such sums as may hereafter be appropriated to the same purpose, shall be laid out under the Joint Committee direction of a joint committee, to consist of three members of the Senate and three members of the House of Representatives."-Stat. at Large, Vol. II, p. 129. By the acts of May 1, 1810, (Stat. at Large, Vol. II,p. 612;) March 2, 1812, (Ibid., p. 786;) April 16, 1816, (Stat. at Large, Vol. III, p. 284;) January 13, 1830, (Stat. at Large, Vol. IV,p. 429;) March 3, 1863, (Stat. at Large, Vol. Privilege of XIIT. 765,) the privilege of using books in said library, using books in, pvgl extended. with the consent of the President of the Senate and Speaker of the House, was extended to the agent of the Library Committee, judges of the Supreme Court, Attorney General, members of the diplomatic corps, heads of Departments, Secretary of the Senate, Clerk of the House, chaplains of Congress, and, while in the District of LIBRARY OF CONGRESS, JOINT COMMITTEE ON, ETC. 123 Columbia, ex-Presidents of the United States; also the judges, solicitors, and clerks of the Court of Claims. By the act of July 14, 1832, the Librarian was directed tLav lidbrary es. to remove the law-books into a separate apartment, to be prepared for the purpose of a law library, and the justices of the Supreme Court were;" authorized to make Supremejudges to make regularules and regulations for the use of the same by them- tions for. selves and the attorneys and counsellors, during the sittings of the said court, as they shall deem proper: Provided, Such rules and regulations shall not restrict the President of the United States, the Vice-President, or any member of the Senate or House of Representatives, from having access to the said library, or using the.books therein, in the same manner that he now has, or may have, to use the books of the Library of Congress."-&Stat. at Large, Vol. IV, p. 579. LIBRARY OF CONGRESS, JOINT COMMITTEE ON. " There shall be a Joint Committee on the Library, To be appointed and of what to consist of three members on the part of the Senate number. and three on the part of the House of Representatives, to superintend and direct the expenditure of all moneys appropriated for the library, and to perform Dutiesof. such other duties as are or may be directed by law." — Joint Rule 20. [This committee is usually appointed at the commence- When appointment of each Congress.] ed. (See also LIBRARY OF CONGRESS.) LIBRARY OF THE HOUSE. " There shall be retained in the library of the Two copies of Clerk's office for the use of the members there, and mlents to be re not to be withdrawn therefrom, two copies of all the t.din. books and printed documents deposited in the library."Rule 17. LIE ON THE TABLE, MOTION TO. Under the parliamentary law, this motion is only made For what pur" when the House has something else which claims its ad' usually 124 LIE ON THE TABLE, MOTION TO. present attention, but would be wsilling to reserve in their power to take up a proposition whenever it shall suit themn." —Manual,p. 96. [But in the House of Representatives it is usually made for the purpose of giving a proposition or bill its "death-blow;" and when it prevails, the measure is rarely ever taken up again during the session.] Takes prece- By the 42d Rule, it is provided that when a question deuce of all other motions, except is under debate the motion to lie on the table takes preto adjourn. cedence of every other motion except the motion to adjourn. Not debatable. 4 The motion to lie on the table shall be decided without debate."-Rule 44. In general, car- "; In general, whatever adheres to the subject of this whatever is con- motion goes on the table with it; as, for example, where eect of it.iSub- a motion to amend is ordered to lie on the table the subject which it is proposed to amend goes there with Exceptions. it." —Cushing, p. 565. But it is not so with the Journal, where it is voted to lay upon the table a proposed amendment thereto-JTournal, 1, 26,p. 28; nor with the subject out of which a question of order may arise, where the appeal is laid on the table, the decision of the Chair being thereby virtually sustained-Journal 1, 267, p. 529; nor with the bill or other proposition, where the motion to reconsider a vote thereon is laid on the table.-Journals, passim. Not precluded An order for the main question to be put does not preby order of main clude the motion to lie on the table, but it may be made at any stage of the proceedings between the demand for the previous question and the final action by the House under it.-Journals, 1, 28, p. 490; 1, 30, p. 175. Where motion Where a motion has already been made and negatived cannot be repeated. re-to lay a bill on the table, and no change or alteration has been made in the bill, or no proceeding directly touching its merits has since taken place, the motion to lie on the table cannot be repeated.-Journal, 2, 27, p. In orderatevery 890. [But under the invariable practice, the motion may new stage, &c. be entertained at every new stage of the bill or proposition, and upon any proceeding having been had touching its merits.] LITH OGRAPHING-LOBBY. 125 WVhere a bill is laid on the table pending the mo- Carries with it motion to print. tions to refer and print, the motion to print, as well as all other motions connected with it, accompanies it.Journal, 2, 32, p. 195. But where, as in case of a mes- Where motion to lie and print is sage, report, &c., it is moved to lie on the table and made. print, the said motion may be voted on as an entirety, or, under the 46th Ruzle, it may be divided, and a separate vote taken on each branch of the motion.-Journal, 1, 32, p. 337. A negative vote on a motion to lie on the table may be Negative vote on, may be reconreconsidered. —Journal, 2, 32, p. 234. sidered. If a, motion to reconsider be laid on the table, the latter Whereamotion vote cannot be reconsidered.-Journals, 3, 27, p. 334; 1, to rconsider ital 3t:3o,) 3 5 7 it cannot be re33, p. 357.'considered. The motion to lie on the table is in order, pending the Billmaybelaid on table pending consideration of Senate amendments to a -bill. —Journal, consideration of 1 337. 1250. Senate amend1, 33, p. 1250. ments threto. The following propositions are required by the rules Propositions which lie on tato lie on the table one day, viz: ble one day. Every order, resolution, or vote to which the concur- Orders, &c., requiring concurrence of the Senate shall be necessary, unless the House rence of Senate. shall otherwise expressly allow-Rule 143; calls on the Calls on DePresident or Departments for information —unless other- partments and wise ordered by unanimous consent-and to be taken copes. up in the order of presentation after reports from select committees are received-Rule 53; notices of motions Motion to to rescind or change a standing rule or order —Rule 145; change rules. and notices of motions for leave to introduce bills.- Noticesof bills. Rule 115. LITHIOGRAPHING. (See ENGRAVING.) LOBBY.' In case of any disturbance or disorderly conduct in Maybecleared. the galleries or lobby, the Speaker (or chairman of the Committee of the Whole House) shall have power to order the same to be cleared." —Rule 9. 126 MACE-MAPS —MANUFACTURES, COMMITTEE ON, ETC. MACE. Directed to be By a resolution of the House of April 14, 1789, (Jourprovided. nal 1st Cong., p. 14,) it was directed that a proper symbol of office should be provided for the Sergeant-atarms, of such form and device as the Speaker should direct; and by Rule 23 it is directed that "the symbol To be borne by of his office (the mace) shall be borne by the Sergeant. Sergeant-at-arms when in execu- at-arms when in the execution of his office." tion of his office. MAPS. Notto be print- "Maps accompanying documents shall not be printed ed without spe th cial direction. under the general order to print, without the special direction of the House." —Rule 139. (See ENGRAVING.) MANUFACTURES, COMMITTEE ON. When appoint-'" There shall be appointed at the commencement of each ed, and number of. Congress a Committee on Manufactures, to consist of eleven members.-Rule 74. Duties of. [There are no duties assigned to this committee by the rules.] MEETING OF CONGRESS. Shallbeonfirst "The Congress shall assemble at least once in every Monday in December. year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day."-Const., 1, 4, 8. President may " The President may, on extraordinary occasion, concall. vene both houses, or either of them." —Ibid., 2, 3, 18. Atthefirstses- [On the day fixed for the first meeting of a Consion. Whenmsmbersgress, the members elect assemble in the hall of the assemble. Called to order House of Representatives, and at the hour of 12 o'clock by Clerk. m. are called to order by the Clerk of the last House, standing at his desk. Having requested the members elect to respond to their names as called, he proRollcalled. ceeds to call the roll by States, beginning with the State of Maine. In making up said roll, he is directed MEETING OF CONGRESS. 127 to place thereon the names of all persons claiming seats Who shall be as representatives elect from States which were repre- placed on the roll. sented in the next preceding Congress, and of such persons only, and whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States.Stat. at Large. Vol. XIV, p. 397. Having ascertained whether or not a quorum is present, he announces Quorumpresent. the fact to the House. If a quorum shall have answered, it is then usual for some member to move "that the House do now proceed to the election of a Speaker viva voce." The question on this motion having Ele c t ion of been put by the Clerk, and decided affirmatively, he then Speaker. designates four members who shall act as tellers of the Tellers. vote about to be taken, usually making his selection from members of different parties. The tellers having taken their seats at the Clerk's desk, and nominations Nominations. having been made and recorded, the Clerk then proceeds to call the roll of members alphabetically, each member, as his name is called, pronouncing audibly the voting for name of the person voted for, and the Clerk (through Speaker. one of his assistants) recording the name of the member voting in a column under that of the member voted for. After the roll-call is completed, and every member present (and desiring it) has voted, the lists of voters for each candidate are read over by the Clerk, when one of Announcement the tellers rises and announces to the House what num- of vote. ber of votes each candidate has received. If no person When no one shall have received a majority of all the votes given, the elected House then proceeds (if no other order be taken) to a second vote, and so on until an election is effected. But if any person shall have received a majority of all the votes given, and a quorum has voted, the Clerk declares Where Speaker such person "'duly elected Speaker of the House ofeected Representatives for the -. Congress." The Clerk then Conducted to designates two members (usually of different politics, chair and sworn. and from the number of those voted for as Speaker) " to conduct the Speaker elect to the chair;" and also one member (usually that one who has been longest a member of the House) "' to administer to him the oath required 128 MEETING OF CONGRESS. by the Constitution and laws of the United States." In I n c s e o f case of a vacancy in the office of Clerk, or of his absence vacancy in office of Clerk. or inability, the duties imposed on him by law or custom relative to the preparation of the roll or the organization of the House shall devolve on the Sergeant-atArms; and in case of vacancies in both of said offices, or of their absence or inability to act, the said duties shall be performed by the Doorkeeper. Having been conducted to the chair, it is usual for the Speaker to deliver to the House a brief address, which being concluded, the oath is administered to him, and he then takes his seat as the presiding officer of the House. Members and (See OATH.) He then directs the Clerk to call the roll delegates sworn. of members by States, requesting each member, as his name is called, to approach the Chair, when he administers to them the oath to support the Constitution of the United States. The delegates from the Territories are then called and sworn. Senate notified At this stage it is usual for the House to adopt an of presence of'A "that a me quorum and elec- order "that a message be sent to the Senate to inform tion of Speaker. that body that a quorum of the House of Representatives has assembledl, and that -—, one of the Representatives from the State of —, has been chosen Speaker, and that the House is now ready to proceed to business."' Committee to And then, or upon the receipt of a message from the ent. on Presi- Senate informing the House of the presence of a quorum in that body, it is usual for the House to adopt the following order: "That a committee of three members be appointed on the part of the House, to join such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two houses has assembled, and that Congress is ready to receive any communication he may be pleased to make." Rules of last It has been usual to adopt a resolution, providing House adopted. "that the rules and orders of the last House of IRepresentatives be adopted for the government of this House until otherwise ordered." But the adoption of the following rule during the 36th Congress would seem to ren. MEETING OF CONGRESS. 129 der such a resolution unnecessary now, viz: * These rules shall be the rules of the House of Representatives of the present and succeeding Congresses, unless otherwise ordered."-Rule 147. The election of officers is next proceeded with, which, Election of offibeing completed, the House may be considered as fully organized. Orders providing for the hour of the daily meeting of Hour of daily meeting; order the House, and for furnishing members with newspapers, for newspapers. are amongst the earliest that are thereafter adopted. [The foregoing are the proceedings which usually take place upon the assembling of a new House of Representatives, and which generally occur on the first day of the meeting of Congress.] There have been occasions, however, where the pro- Delay in the ceedings were very different, and where the organiza-org io tion of the House was much longer delayed. In the 26th Congress, where the'Clerk, upon the call of the roll by States for the ascertainment of the presence of a quorum, proposed to omit the call of either of the claimants for each of several contested seats, on the Contested seats. fifth day of the session, a chairman was appointed " to Chairman apserve until the organization of the House by the e!cc-pointed. tion of a Speaker;" and such election did not take place until eleven days thereafter.-Journal, 1, 26, pp. 6, 79. In the 31st Congress, by reason of a failure of a major-,Failure of maity to vote for any candidate, there was no election of jSpeter. Speaker for nearly a month after the meeting.-Journal, 1, 31, p. 3 to 164. And in the 34th Congress, for the same cause, an election of Speaker did not take place for two months after the meeting. —Journal, 1, 34, p. 3 to 446. And also in the 36th Congress, for the same cause, the election of a Speaker was delayed for two months.Journal, 1, 36, p. 8 to 162. During the three last-named periods, while the House Clerk presides, was without a Speaker, the Clerk presided over its deliberations; not, however, exercising the functions of Speaker to the extent of deciding questions of order, but, as in the case of other questions, putting them to B D -9 130 \ITEMBERS. the House for its decision. To relieve future Houses of some of the difficulties which grew out of the very limited power of the Clerk as a presiding officer, the House of the 36th Congress adopted the present 146th and 147th rules, which provide, that "pending the election of a Speaker, the Clerk shall preserve order and decorum, and shall decide all questions of order that may arise, subject to appeal to the House," and also for the permanency of the present rules, "unless otherwise ordered." Speaker elected In the 31st and 34th Congresses a Speaker was finally by plurality vote. elected by a plurality vote; such mode of election, however, was previously authorized by a resolution of the House, and subsequently confirmed by a resolution declaring him " duly elected."-Journals, 1, 31, pp. 156, 163, 164; 1, 34, pp. 429, 430, 444. Ata second or [At a second or subsequent session of Congress the subsequent session. members are called to order by the Speaker, when he causes the clerk to call the roll of members by States for the purpose of ascertaining whether or not a quorum is present. As soon as a quorum has answered, it is Notify Senate Usual for the House to pass an order " that the Clerk of quorum. inform the Senate that a quorum of the House of Representatives has assembled, and is ready to proceed to business;" and subsequently, as at the first session, to Committee to pass an order for the appointment bf a committee to wait diton Prei- on the President. An order is also passed fixing, until The hour of dailymeeting fixed. otherwise ordered, the hour of daily meeting.] MEMBERS. Qualifications of. " No person shall be a Representative who shall not have attained the age of twenty-five years, and have been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen." —Const., 1, 2, p. 5. Who shall not be. "N o person shall be a Representative in Congress who having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of VIFEM[BERS. 131 the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of twothirds of each house remove such disability."-Ibid., XIV Amendment, p. 33. By the act of May 22, 1872, (Stat. at Large, Vol. XVII, p. 142, the disabilities imposed by the foregoing article are removed from all persons whomsoever, except Senators and Representatives of the Thirty-sixth and Thirtyseventh Congresses, officers in the judicial, military, and naval service of the United States, heads of Departments, and foreign ministers of the United States. 4" Each house shall bethejudge of the elections, returns, rHouse shall judge of election, and qualifications of its own members.'"-Ibid., 1, 5, p. 8. &C., of. (See ELECTIONS, CONTESTED.) The times, places, and manner of holding elections for Elections for, when and how Senators and Representatives shall be prescribed in each held. State by the legislature thereof; -but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.-Const., 1, 4, 8. By the acts of February 2 and May 30,1872, it is provided aProvisions of that the House shall consist of two hundred and ninety- ment andelection of. two members, to be elected by districts composed of contiguous territory and containing as near as practicable an equal number of inhabitants, and equal to the number of members to which said State may be entitled, and no one district to elect more than one Representative. The Tuesday after the first Monday in November, 1876, and in every second year thereasfter, is fixed for the election in each of the States and Territories of Representatives and Delegates to the Congress commencing on the 4th of March thereafter. In case of a failure to elect or a vacancy, an election to fill such vacancy shall be held at such time as may be provided for by law in the State or Territory where the same may occur. The number of Representatives shall be reduced in the proportion which the number of male citizens beingtwenty-one years of age denied the right to vote therein shall bear to the whole number of male citizens twenty-one years of age in such State. In the election to the Forty-third Congress only is the additional Repre 1302 MEMBERS. sentative allowed to any State to be elected by the State at large.-Stat. at Large, Vol. XVII, pp. 28, 192. lection of, in By the act of March 3, 1873, it is provided that on the 44th Congress. 1st Wednesday in September, 1874, there shall be elected in each congressional district in the State of California, one Representative to represent said State in the 44th Congress.-Stat. at Large, Vol. XVII, p. 578..Right of, to re- A communication from a member informing the House sign recognized. that he had transmitted to the governor of his State his resignation of his seat in Congress, held to be sufficient evidence that he is no longer a member of the Hlouse.-Journal, 2, 41, p. 373. (See RESIGNATION BY A MEMBER.) Vacancies, how " When vacancies happen in the representation from fihled. any State, the executive authority thereof shall issue writs of election to fill such vacancies.'7 — Const. 1, 2, p. 6. Roll of, at meet- In making out the roll of members elect at the first ing of Congress. meeting of a Congress, the Clerk of the next preceding House shall place thereon the names of all persons claiming seats as Representatives elect from States which were represented in the next preceding Congress, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States.Laws 2d Sess. 39th Cong., p. 28. Shall receive'Representatives shall receive a compensation for compensation. their services, to be ascertained by law, and paid out of the Treasury of -the United States." —Const., 1, 6, p. 9. (See COMPENSATION and MILEAGE.) Oath to be ad-; The oath or affirmation required by the sixth article minister'ed to. of the Constitution of the United States, to wit:'I, A. B., do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States,' shall be administered at the first session of Congress after every general election of Representatives, first by any one of the members to the Speaker, and by him to all the members present, and to the Clerk previous to entering on any business, and to the members who shall afterward appear previous to taking their seats."-Stat. at Large, Vol. I, p. 23. An additional oath is prescribed MEMBERS.:133 by the act of July 2, 1862; and also (where legal disabilities have been removed) by the act of July 11, 1868. (See OATH.)'' No Representative shall, during the time for which M3emibersnotto be appointed to he was elected, be appointed to any civil office under office. the authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person hold- Governmentoffling any office under the United States shall be a mem- members. ber of either house during his continuance in office."Const., 1, 6, 9. "- No Representative shall be appointed an elector.' — No member to be an elector. Gonst., 2, 1, p. 15. " The Senators and Representatives shall, in all cases Privileges of. except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place."-Const., 1, 6, p. 9. (See PRIVILEGE.) " Each house may determine the rules of its proceed- May be punings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member."Const., 1, 5, p. 8. In all cases of a vacancy in either house of Con- Compensation of, in case of -Nagress, by death or otherwise, of any member elected or cancy. appointed thereto, after the commencement of the Congress to which he shall have been elected, each person afterwards elected or appointed to fill such vacancy shall lie compensated and paid from the timne that the compensation of his predecessor ceased: Provided, That no member shall receive more than three thousand dollars for any one year.-Stat. at Large, Vol. XII, p. 624. By the act of February 26, 1853, it is provided that Briberyof. if any person shall bribe, or offer to bribe., a member of Congress, or officer or person holding any place of trust or profit, or discharging any official function under the 134 MEMBERS. House of Representatives, he shall, on conviction thereof, be fined not exceeding three times the amount so offered or given, and imprisoned in a penitentiary not exceeding three years; and the person convicted of in A cc e pt i n g anywise accepting or receiving the same, or any part thereof, shall be subject to the same penalty, and, if an officer or person holding any such place of trust or profit as aforesaid, shall forfeit his office or place; and any person so convicted shall forever be disqualified to hold any office of honor, trust, or profit under the United States. —Stat. at Large, Vol. X, p. 171. (See BRIBERY.) Forbiddentoact By the same act it is provided that if any member of for claimants for componsation Congress shall, for compensation paid or to be paid, act paid or to be paid. as agent or attorney for, or aid in the prosecution or support of, any claim or claims against the United States, he shall, on conviction, pay a fine not exceeding five thousand dollars, or suffer imprisonment in the penitentiary not exceeding one year, or both, at the discretion of the court. —Ibid., p. 170. Not to be inter- By the act of April 21, 1808, it is provided that no csted ins. public member of Congress shall be interested in any public contract, under a penalty of three thousand dollars fine; and if any officer of the United States, on behalf of the United States, shall make such a contract with a member of Congress, he shall be liable to the same penalty.Stat. at Large, Vol. II, p. 404. Not to practice No member shall practice in the Court of Claim.in Court of Claims. Stat. at Large, Vol. XII, p. 766. Not to receive By the act of June 11, 1864, it is provided that no compensation for anys e r v i c e member of the Senate or House of Representative shall, wherein the U. S. isea party. after his election and during his continuance in office, nor shall any head of a Department, head of a Bureau, clerk, or any other officer of the Government, receive, or agree to receive, any compensation whatsoever, directly or indirectly, for any services rendered, or to be rendered, after the passage of this act, to any person, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party, or directly or indirectly interested, before any MEMBERS. 135 Department, court-martial, bureau, officer, or any civil, military, or naval commission whatever. And any person offending against any provision of this act shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not exceeding ten thousand dollars, and by imprisonment for a term not exceeding two years, at the discretion of t'he couirt trying the same, and shall be forever thereafter incapable of holding any office of honor, trust, or profit under the Government of the United States.-Stat. at Large, Vol. XIII, p. 123. By the act of January 16, 1873, the provisions of Provisions of I2~~~ ~ ~foregoing act exthe last foregoing act are so extended as to apply to tended to DeleDelegates from the Territories and the District of Col-gates. umbia.-Stat. at Large, Vol. XVII, p. 411. " No member shall absent himself from the service of Shall not absent themselves. the House, unless he have leave, or be sick, or unable to attend." —Rule 33. (See COMPENSATION.) "A smaller number than a quorum may be authorized Less tha n a to compel the attendance of absent members in suchauthorized to c o m p e l attend. manner and under such penalties as each house may pro- ance of absent. vide."- Const., 1, 5, p. 8. "'Any fifteen members(including the Speaker, if there Attendance of, be one) shall be authorized to compel the attendanceby fitteen memof absent members." -Rule 34. (See CALLS OF THE HOUSE.) Deportment of, ", While the Speaker is putting any question, or ad- in the House. dressing the House, none shall walk out of or across the House; nor in such case, or when a member is speaking, shall entertain private discourse; nor, while a member is speaking, shall pass between him and the Chair. Every member shall remain uncovered during the session of the House. No member or other persons shall visit or When not to visit Clerk's remain by the Clerk's table while the ayes and noes are desk. calling or ballots are counting."-Rule 65.' No member shall vote on any question in the eventof Shall not vote where interested which he is immediately and particula rly interested, orinor not within bar. any case where he was not within the bar of the House when the question was put. When the roll-call is completed, the Speaker shall state that any member offerin g to vote does so upon the assurance that he was within the 136 MEMiORIALS-MESSAGES FROM THE PRESIDENT. bar before the last name on the roll was called: Provided, however, That any member who was absent by leave of the House may vote at any time before the result is announced. It is not in order for the Speaker to entertain any request for a member to change his vote on any question after the result shall have been declared, nor shall any member be allowed to record his vote on any question, if he was not present when such vote was taken." — Rtule 29. And 1" upon a division and count of the House on any question, no member without the bar shall be counted." —Rule 36. (See BAR OF THE HOUSE.) Shall vote if in "Every member who shall be in the House when the House, unless excused. question is put shall give his vote, unless the House shall excuse him. All motions to excuse a member from voting shall be made before the House divides, or before the call of the yeas and nays is commenced, and the question shall then be taken without debate."-Rule 31. Names to be 4" Upon calls of the House, or on taking the yeas and called alphabetically. nays on any question, the names of the members shall be called alphabetically." —Rule 35. Need not serve "Any member may excuse himself from serving on on more than two committees. any committee at the time of his appointment, if he is then a member of two other committees."-Rule 69. MEMORIALS. (See PETITIONS.) MESSAGES FROM THE PRESIDENT. Shall fromtime "The President shall, from time to time, give to the to time give information and Congress information of the state of the Union, and recommend measures. recommend to their consideration such measures as he shall judge necessary and expedient." — Const., 2, 3, p. 18. Annualmessage. The annual message of the President, with the accompanying documents, is usually communicated to the House at the commencement of each session, but usually not until after he has been notified through a joint committee of the two houses that a quorum of each body has assembled, and is ready to receive any communication he may be pleased to make; although it was otherwise in the Thirty-fourth and Thirty-sixth Congresses, the message having been communicated on the first occa: sion on the 31st December, and on the latter not only before the appointment of such committee, but MESSAGES FROM THE PRESIDENT. 137 before the eledtion of the Speaker, which latter did not take place until the month of February.-(See Journals, 1, 34, pp. 221 to 228, 231, 233, 444, 511; 1, 36.) All messages from the President are in writing, and are How announced. sent to the House by his private secretary, or such other person as he may delegate, and, as in the case of messages from the Senate, are announced at the door by the Doorkeeper and handed to the Speaker, who places them upon his table, to be taken up whenever the House, under the When taken 54th Rule, shall go to the business thereon. In the case of the annual message, however, it is usually taken up, by unanimous consent, as soon as received. Whenever taken up, messages from the President are always read Always read. in extenso, the House never, as in the case of other communications, dispensing with the reading of the same. In regard to printing the messages and other docu- Printing of. ments7 see PRINTING, PUBLIC. " Where the subject of a message is of a nature that To be sent to both houses on it can properly be communicated to both houses of Par- same day, except in certain cases. liament, it is expected that this communication should be made to both on the same day. But where a message was accompanied with an original declaration, signed by the party to which the message referred, its being sent to one house was not noticed by the other, because the declaration, being original, could not poSsibly be sent to both houses at the same time." —Manual, p. 131. [So, too, in Congress, where they can be properly made, communications are expected to be made to both houses on the same day, except where the communication may be in response to a call from one branch only. The parliamentary practice prevails, too, in regard to the communication of an original paper.-See Journal, 1, 35, p. 270.] [Where the President approves a bill, it is customary Notifying the for him to notify the house where it originated of HruoS1ofhirs faT'he fact, and the date of approval, which is entered ure to return on the Journal. A similar notification is also given in case a bill is allowed to become a law by his failure to return the same with objections.-See PRESIDENT OF THE U. S.] 138 MESSAGES FROM THE SENATE. Of approvals to Messages from the President giving*notice of bills be read at Clerk's desk. approved shall be reported forthwith from the Clerk's desk.-Rule 158. Veto. Messages returning a bill with his objections. (See VETO.) MESSAGES FROM TIHE SENATE. Doorkeeper Ll "When a message shall besent from the Senate to the shall announce. House of Representatives, it shall be announced at the door of the House by the Doorkeeper, and shall be respectfully communicated to the Chair by the person by whom it mnay be sent." —Joint Rule 2. Bywhom to be " Messages shall be sent by such persons as a sense of sent. propriety in each house may determine to be proper." — Joint Rule 4. [In the House they are commonly sent by its Clerk; in the Senate, by its Secretary.] If in Commit- "If the House be in committee when a messenger tee of the Whole Sneaker takes attends, the Speaker takes the chair to receive the mreschair to receive. sage, and then quits it to return into committee, without any question or interruption." -Manual, p. 130. [It is R e c e i v e d the practice of the House to receive messages promptly promptly. upon the appearance of the messenger, and without regard to the business in hand; in case a member is occupying the floor in debate, he suspends his remarks until the announcement is made and the message received, and a call of the yeas and nays is not unfrequently suspended for the same purpose; but when received it is placed upon the Speaker's table, to be taken up at the time indicated in the 54th Rule, viz, after messages and other executive communications.] Iferrorcommit. "If messengers commit an error in delivering their ted i message. message, they miay be admitted or called in to correct their message."-Manual, p. 130; Journal, 1, 2, pp. 171 172. To be reported Messages from the Senate, giving notice of bills passed forthwith, from Clerk's desk. or approved, shall be reported forthwith from the Clerk's desk.-Rule 158. MILEAGE —MILITARY AFFAIRS, COMMITTEE ON. 139 MILEAGE. By the act of March 3, 1873, it is provided that the Actual traveling expensesonly compensation of $7,500 thereby allowed to each Senator, allowed. Representative, and Delegate shall be in lieu of all pay and allowance, except actual individual traveling expenses from their homes to the seat of Government and return, by the most direct route of usual travel, once for each session, of the House to which such Senator, Rlepresentative, or Delegate belongs, to be certified to under his hand to the disbursing officer, and filed as a voucher.-Stat. at Large, Vol. XVII, p. 486. " It shall be the duty of the Sergeant-at-Arms to keep Accounts for, to be kept by Serthe accounts for pay and mileage of members; to pre- geant-at-arms. pare checks, and, if required to do so, to draw the money on such checks for the members, (the same being previously signed by the Speaker, and indorsed by the member,) and pay over the same to the member entitled thereto."-Rule 25. MILEAGE, COMMITTEE ON. There shall be appointed at the commencement of each When appointed and number Congress a Committee on Mileage, to consist of five an nu members.-Rule 74. " It shall be the duty of the Committee on Mileage to shall ascertain and report mileascertain and report the distance, to the Sergeant-at- aeofeacfhe Arms, for which each member shall receive pay."-Rule ber. 99. MILITARY ACADEMY. Three members of the Hlouse shall be designated by Three members the Speaker, at the session next preceding the time of to be appointed -the annual examination of cadets, to attend the said examination; and they shall report thereon within twenty days after the next meeting of Coiigress.-Stat. at Large, Vol. XVI, p. 67. MILITARY AFFAIRS, COMMITTEE ON. There shall be appointed at the commencement of each When appointed and number Congress a Committee on Military Affairs, to consist of. mb eleven members.-Rule 74. 140 MILITIA —MORNING HOUR. Its duties. "It shall be the duty of the Committee on Military Affairs to take into consideration all subjects relating to the military establishment and public defense which may be referred to them by the House, and to report their opinion thereupon; and also to report, from time to time, such measures as may contribute to economy and accountability in the said establishment." — uele 87. MILITIA, COMMITTEE ON THE. When appoint- There shall be appointed at the commencement of each ed and number of. Congress a Committee on the Militia, to consist of eleven members. -Rule 74. Its duties. "1 It shall be the duty of the Committee on the Militia to take into consideration and report on all subjects connected with the organizing, arming, and disciplining the militia of the United States."-Rule 88. MINES AND MINING, COMMITTEE ON. When appoint- A Committee on Mines and Mining, to consist of ed, number, and duties of. eleven members, shall be appointed at the commencement of each Congress.-Rule 74. I" It shall be the duty of said committee to consider all subjects relating to mines a nd mining that may be referred to them, and to report their opinion thereon, together with such propositions relative thereto as may seem to them expedient." —Rule 153. MODIFICATION. When may be [Motions may be modified before the previous question made. is seconded, and before a decision or amendment,] but not after the previous question is seconde d.-Journals, 1, 28, p. 811; 1, 31, p. 1397. iMORNING HOUTR. What is the The "' morning hour," as it is called, is the hour after " gnh"the reading of the Journal, which, under the 51st and 52d Rules, has been'.' devoted to reports from committees and resolutions," and after the expiration of which it is in order, under the 54th Rule, to entertain a motion " that the House do now proceed to dispose of the bus 31ORNING HOUR ON MONDAYS-iMOTIONS. 141 iness on the Speaker's table," &c. And under the general practice it is held that this hour begins to run from wn, eit corn. - mences to run. the announcement by the Speaker that reports from committees are in order. MORNING HOUR ON MONDAYS. On every Monday it is made the duty of the Speaker Call for bills on leave and resoluto call the States and Territories-first for bills on leave tions during. for reference only, and without debate, arid not to be brought back by motions to reconsider, at which time joint resolutions of State and Territorial legislatures may be introduced for reference and printing; then for resolutions, at which time bills on leave may be introduced, and all resolutions which shall give rise to debate shall lie over for discussion.-Rule 130. [And so also in regard to bills introduced at this time and giving rise to debate. Ever since the foregoing rule has been in its present form the Speaker has (leclined to entertain even Devoted strictly to the prea request for unanimous consent to transact any other scribed business. business within the time prescribed for calls for bills on leave for reference.] MOTIONS. For fullest information in regard to a particular motion, see under its name, as ADJOURNED, LIE ON THE TABLE, &C., &C.'" Wheni any motion or proposition is made, the ques- QuestionofcontionlV Will the House now consider it?' shall not be putbe put in al It unless it is demanded by some member or is deemed cases. necessary by the Speaker." —Rule 41.'' mhen a motion is made and seconded, it shall be When ma de stated by the Speaker, or, being in writing, it shall be,nd seconded. handed to the Chair, and read aloud by the Clerk before debated." -Rule 38. "Every motion shall be reduced to writing, if the Shallbereduced to writing, if reSpeaker or any member desire it. Every w-ritten motion quired. made to the House shall be inserted on the Journals, with the name of the member making it, unless it be withdrawn on the same day on which it was submitted." 14G2 MOTIONS. Rule 39. [And such motions are often inserted even where subsequently withdrawn. But to be entered on the Journal every motion must have been entertained by the, Speaker.] May be with- "; After a motion is stated by the Speaker or read by drawn before decision or amend- the Clerk, it shall be deemed to be in the possession of nernt. the House, but may be withdrawn at any time before a decision or amendment."-Rule 40. [But not after the previous question is seconded.] It may, however, be withdrawn while the House is dividing on a demand for the previous question-Journal, 2, 29,p. 241; and all incidental questions fall with such withdrawal.-Journal, 1, 26, p. 57. Precedence of; When a question is under debate, no motion shall be various motions. received but to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged." —Rule 42. "The motion to reconsider shall take precedence of all other questions, except the motion to adjourn." — Rule 49. Mbember may "A member may submit more than one motion in consubmit morethan one. nection with a pending proposition, if the latter motion is of higher dignity than the former." —Journals, 2, 33, pp. 483, 486; 2, 35, p. 477. Such as are not NO motion to postpone to a day certain, to commit, to be repeated at same stage, &c. or to postpone indefinitely, being decided, shall be again allowed on the same day and at the same stage of the bill or proposition."-Rule 42. May be comrn- Motions and reports may be committed at the lmitted. pleasure of the House."-Rule 47. Tocommit,order 4; When a resolution shall be offered or a motion made in which question to be taken. to refer any subject, and different committees shall be proposed, the question shall be taken in the following order: " The Committee of the Whole House on the state of the Union, the Committee of the Whole House, a standing committee, a select committee." —Rule 43. NAVAL AFFAIRS, COMMITTEE ON. 143 "A motion to adjourn, and a motion to fix the day to Alwaysinorder. which the House shall adjourn, shall be always in order. These motions and the motion to lie on the table shall be decided without debate."-Rule 44. " The hour at which every motion to adjourn is made. Hour of, to adshall be entered on the Journal." Rule 45. "A motion to strike out and insert shall be deemed To strike out indivisible; but a motion to strike out being lost, shall and insert. preclude neither amendment nor a motion to strike out and insert."-Rule 46. "A motion to strike out the enacting words of a bill To strike out enacting words. shall have precedence of a motion to amend; and if carried, shall be considered equivalent to its rejection. Whenever a bill is reported from a Committee of the Whole, with a recommendation to strike out the enacting words, and such recommendation is disagreed to by the House, the bill shall stand recommitted to the said committee, without further action by the House. But before the question of concurrence is submitted, it is in order to entertain a motion to refer the bill to any committee of the House, with or without instructions, and when the same is again reported to the House, it shall be referred to the Committee of the Whole, without debate, and resume its original place on the calendar." -Rule 123. (See ENACTING WORDS, MOTION TO STRIKE OUT. "All amendments made to an original motion in coln- Original,incommittee shall be incorporated with the motion, and so reported." —Rule 108. NAVAL AFFAIRS, COMMITTEE ON. "There shall be appointed at the commencement of Whenappointed each Congress a Committee on Naval Affairs, to consist and number of. of nine members.1"-Rule 74. " It shall be the duty of the Committee on Naval Its duties. Affairs to take into consideration all matters which concern the naval establishment, and which shall be referred to them by the House, and to report their opinion thereupon; and also to report from time to time such measures as may contribute to economy and accountability in the said establishment." — Rule 89. 144 NEWSPAPERS-NO'mINATIONS-NOTICES. NEWSPAPERS. Reporters for. " Stenographers and reporters, other than the official admitted to gallery on certainreporters of the House, wishing to take down the deconditions. bates, may be admitted by the Speaker to the reporters' gallery over the Speaker's chair, but not on the floor of the House; but no person shall be allowed the privilege of said gallery under the character of stenographer or reporter without a written permission of the Speaker, specifying the part of said gallery assigned to him; nor shall said stenographer or reporter be admitted to said gallery unless he shall state in writing for what paper or papers he is employed to report; nor shall he be so admitted, or, if admitted, be suffered to retain his seat, if he shall be or become an agent to prosecute any claim pending before Congress; and the Speaker shall give his written permission with this condition." —Rule 135. NOMINATIONS. Where neces-; In all cases where other than members of the House sary. may be eligible to an office by the election of the House, there shall be a previous nomination."-Rule 11. NOTICES. Of bills. In the case of a bill introduced by a motion for leave, " at least one day's notice shall be given of the motion in the House, or by filing a memorandum thereof with the Clerk, and having it entered on the Journal,- and the motion shall be made and the bill introduced, if leave is given, when resolutions are called for; such motion, or the bill when introduced, may be commnitted." —Rule 115. (See also BILLS, p. 21, ante.) Of amendment "4NO standing rule or order of the House shall be reof the rules. scinded or changed without one day's notice being given of the motion therefor."-Rule 145. [There is no authority given, as in the case of notices of bills, to file this notice with the Clerk. Consequently it can only be given in open House, and only at such time as any other independent motion can be made.]-Journal, 2, 25, p. 536. OATH. 145 OATH. Members shall be bound by oath or affirmation to sup- Of members. port the Constitution of the United States. —Const., 6, 1, p. 23. The act of June 1, 1789, provides that the oath Form of. required above shall be administered in the form following, to wit: " I,, do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States." It shall be administered to the Speaker by any one member of the House of Representatives; and by him to all the members present, and to the Clerk, previous to entering on any other business, and to the members who shall afterwards appear, previous to taking their seats. —Stat. at Large, Vol. I, p. 23. The act of July 2, 1862, requires that every person To betaken by all persons in the elected or appointed to any office of honor or profit public service. under the Government of the United States, either in the civil, military, or naval Departments of the public service, excepting the President of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oath or affirmation: ~"I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without alny mental reservaB D 10 146 OATH. tion or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: so help me God;" which said oath Tobepreserved so taken and signed shall be preserved among the files of the court, House of Congress, or Department to which the said office may appertain. And any person who shall falsely take the said oath shall be guilty of perPenalty for false. swearing. jury, and on conviction, in addition to the penalties now prescribed for that offense, shall be deprived of his office, and rendered incapable forever after of holding any office or place under the United States.-Stat. at Large, Vol. XII, p. 502. To be taken By the act of July 11, 1868, it is provided that whenwhere legal disabilities have ever any person who has participated in the late rebelbeen removed. lion, and from whom all legal disabilities arising therefrom have been removed by act of Congress by a vote of two-thirds of each House, has been or shall be elected or appointed to any office or place of trust in or under the Government of the United States, he shall, before entering upon the duties thereof, instead of the oath prescribed by the act of July 2, 1862, take and subscribe the following oath or affirmation: "' I, A. B., do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: so help me God." —Stat. at Large, Vol. XV, p. 85. of officers of The Clerk, Sergeant-at-Arms, Doorkeeper, and Postthe House. master, shall each take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities, and to keep the secrets of the House. -Rule 10. Who may ad- The Speaker of the House, a chairman of a Committee minister. of the Whole, or a chairman of a select committeeStat. at Large, Vol. I, p. 554-and the chairman of any standing committee, shall be empowered to administer oaths or affirmations to witnesses in any case under their examination.-Ibid., Vol. III7, p. 345. OBJECTION DAYS-ORDER. 147 OBJECTION DAYS. "On the first and fourth Friday and Saturday of What are. each month the calendar of private bills shall be called over, (the chairman of the Committee of the Whole House commencing the call where he left off the previous day,) and the bills to the passage of which no objection shall then be made shall be first considered and disposed of. But when a bill is again reached, after having been once objected to, the committee shall consider and dispose of the same, unless it shall again be objected to by at least five members."-Rule 129. [Sometimes the House, under a suspension of the rules, directs that other days than the above be treated as objection days.] (See PRIVATE BILLS and PRIVATE BUSINESS.) OFFICERS OF THE HOUSE. (See ELECTIONS BY THE HOUSE; also, SPEAKER, CLERK, SERGEANT-AT-ARMS, DOORKEEPER, POSTMASTER.) ORDER. " The Speaker shall preserve order and decorum; may Speaker shall speak to points of order in preference to other members, preserve. rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House by any two members; on which appeal no member shall Appealonqlesspeak more than once, unless by leave of the House." — Rule 2. [The " questions of order" here mentioned relate to motions or propositions, their application or relevancy, &c.]'" If any member, in speaking or otherwise, transgress Wheremember called to, for the rules of the House, the Speaker shall, or anytransgressing member may, call to order, in which case the member so orfor indecorum. called to order shall immediately sit down, unless permitted to explain, and the House shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order; he shall be at liberty to proceed; if otherwise, he shall not be permitted to proceed, in ease any member object, 148 PACIFIC RAILROAD, COMMiITTEE ON THE. without leave of the House; and, if the case require it, he shall be liable to the censure of the House."-Rule 61. Words to be "If a member be called to order for words spoken in taken down, and must be excepted debate, the person calling him to order shall repeat the to before other business occurs. words excepted to, and they shall be taken down in writing at the Clerk's table; and no member shall be held to answer, or be subject to the censure of the House, for words spoken in debate, if any other member has spoken, or other business has intervened, after the words spoken and before exception to them shall have been taken."Rule 62. Committee can- "A committee cannot punish a breach of order in the not punish breach of. House. It can only rise and report it to the House, who may proceed to punish." —Manual, p. 94; Journal, 1, 28, p. 846. During a divis- " If any difficulty arises in point of order during the ion Speaker to decide question division, the Speaker is to decide peremptorily, subject of, peremptorily. to the future censure of the House if irregular."-iManunal, p. 122. Speaker m ay "If repeated calls do not produce order, the Speaker call member by name. may call by his name any member obstinately persisting in irregularity."-Manual, p. 82. Sere,ant-at- It shall be the duty of the Sergeant-at-Arms to attend Arms shall aid in the enforcementm the House during its sittings, to-aid in the enforcement of of. 0}order under the direction of the Speaker. Pending elec- Pending the election of a Speaker, the Clerk shall tiion of Speaker the Clerk shall preserve order and decorum, and shall decide all quespreserve. tions of order that may arise, subject to appeal to the House.'" Rule 146. (See BUSINESS, D1AILY ORDER OF.) (See APPEAL.) (See SPECIAL ORDERS.) PACIFIC RAILROAD, COMMITTEE ON THE When appointed There shall be appointed at the commencement of each and number of. Congress a Committee on the Pacific IRailroad, to consist of eleven mnembers.-Rule 74. It shall be the duty of the ]}uties of. said committee to take into consideration all such petitions and matters and things relative to railroads or telegraph lines between the Mississippi Valley and the PAPERS-PATENTS7 COMMITTEE ON. 149 Pacific Coast as shall be presented or shall come in question and be referred to them by the House, and to report their opinion thereon, together with such proposition relative thereto as to them shall seem expedient.BRule 150. PAPERS.' The request of a conference must always be by the Conferencemust hube asked by house which is possessed of the i) apers.o-sManeual, p. 124. house possessed " In all cases of conference asked after a vote of disa- of.ith whom to greement, &c., the conferees of the house asking it are conference. to leave the papers with the conferees of the other." — Manual, p. 129. [Papers heretofore referred may be withdrawn from Withdrawalof. the files for the purpose of reference, but not for any other purpose without the consent of the House. (See PETITIONS.) All papers accompanying Senate bills are restored to Accompanying that body as soon as the bill passes the House, and Senate bills. should the bill fail to pass the House, then at the close of the Congress.] PARLIAMENTARY PRACTICE. " The rules of parliamentary practice comprised in Jefferson's Manual to govern Jefferson's Manual shall govern the House in all cases where applicable and notinconsistto which they are applicable, and in which they are not eat with ruIes. inconsistent with the Standing Rules and Orders of the House and Joint Rules of the Senate and House of Representatives."? Rule 144. PATENTS, COMMITTEE ON. There shall be appointed, at the commencement of each When appointed ancI number of. Congress, a Committee on Patents, to consist of five members. -Rule 74. " It shall be the duty of the Committee on Patents to Its duties. consider all subjects relating to patents which may be referred to them, and report their opinion thereon, together with such propositions relative thereto as may seem to them expedient."-,Rule 95. 150 PAY OF MEMBERS-PETITIONS. PAY OF MEMBERS. (See COMPENSATION.) PERSONAL EXPLANATION. Member may While a member is occupying the floor he may yield it yield floor for to another for explanation of the pending measure, as well as for personal explanation.-Journal, 1, 32, p. 524. PERSONALITY. Shall be avoided. Every member " shall confine himself to the question under debate, and avoid personality."-Rule 57. (See also DEBATE and DISORDER.) PETITIONS. Shall pass free Petitions to either branch of Congress shall pass free i in the mails.-Stat. at Large, Vol. XII, p. 708. How presented 4" Members having petitions and memorials to present may hand them to the Clerk, indorsing the same with their names, and the reference or disposition to be made thereof; and such petitions and memorials shall be entered on the Journal, subject to the control and direction of the Speaker; and if any petition or memorial be so handed in, which, in the judgment of the Speaker, is excluded by the rules, the same shall be returned to the member from whom it was received."Rule 131. Only regular [There is now no other mode of presenting petitions mode of presentifg. prescribed by the rules, the old rule for presentation in the Househaving been rescinded December 12,1853; and Hlow ordered to when a member desires to have a petition printed, it can be prited, only be done by unanimous consent, by a suspension of the rules, or by submitting a resolution to that effect when resolutions are in order.] What to be re- Bv the act of March 3, 1863, it is provided that all ferred to Court of, p Claims. petitions and bills praying or providing for the satisfaction of private claims against the Government, founded upon any law of Congress, or upon any regulation of an PETITIONS. 151 executive Department, or upon any contract, express or implied, with the Government, shall, unless otherwise ordered by resolution of the House, be transmitted by the Clerk, with all the accompanying documents, to the Court of Claims.-Stat. at Large, Vol. XII, p. 765. [Memorials and resolutions from State legislatures can Memorials, &c., be presented in order in the manner above described latures. for "' petitions and memorials;" and when it is desired to have them printed, they may be presented When bills on leave and resolutions are called for under Rule 130.] It is the practice under this rule to allow members to Withdrawal of withdraw from the files of the House petitions and other ferepncp to,. compapers presented at former sessions, and refer them, as "ittee. in the case of new petitions; and, in order to have it done, it is only necessary for the member to notify the Clerk of his desire by written memorandum. Where a member desires to withdraw papers from the Withdrawalfor reference to Senfiles for the purpose of reference in the Senate, or to one ate or a Departof the executive Departments, it is usual for the House to give its unanimous consent whenever asked. But where Withdrawal to the withdrawal is desired for the purpose of returning tioner. to the petitioner, the consent of the House is usually given, with a proviso that copies be-left on file. And Withdrawals in all cases of withdrawal, except for reference to one generally. of its committees, the consent of the House must first be had. Where a member desires the fact of the presentation Where member desires that preof a petition by him under the 131st Rule to appear in the sentation of, appear in newspanewspapers of the day, he should furnish the reporters pers. of such newspapers with a memorandum of the same; otherwise, as the proceeding does not occur in open house, no note will be taken of it. [Petitions, &c., thus presented, are, as required by the Petition part of rule, entered on the Journal, but that portion of theinr House. Journal is never read in the House.] "' The name of the member who presents a petition or Name of membhe r presenting memorial shall be inserted on the Journal."1-Rule 32. enterer on Jour-'" All business before committees of the House at the Undiposedofat end of one session shall be resumed at the commence- end ofonesession 152 PLURALITY-POSTMASTER. toberesumed the ment of the next session of the same Congress, as if no adjournment had taken place."-Rule 136. PLURALITY. Shallprevailon "All committees shall be appointed by the Speaker second ballot for m e m be r s of ~a unless otherwise specially directed by the House, in committee. which case they shall be appointed by ballot; and if upon such ballot the number required shall not be elected by a majority of the votes given, the House shall proceed to a second ballot, in which a plurality of votes shall prevail," &c. —Rule 67. [This is the only case, under the rules, where a plurality of votes may prevail; and as the appointment of commit. tees by the Speaker is almost universally conceded, it E e c t i o n of can very rarely occur. There have been two occasions, however, where, prior to the adoption of the rules, the election of Speaker has been effected by a plurality vote. But in both instances a resolution providing for such election by a plurality was first adopted by a majority of votes, and afterwards it was declared by a majority vote that the person who received such plurality was duly elected. —Jo,urnals, 1, 31, pp. 156, 163; 1, 34, pp. 429, 430, 444.] POINTS OF ORDER. (See APPEAL and ORDER.) POSTAGE. No allowance By the act of January 31, 1873, it is provided that no to members on account of. compensation or allowance shall now or hereafter be made to Senators, Members, and Delegates of the House of Representatives on account of postage.-Stat. at Large, Vol. XV1i, p. 421. POSTMASTER. Election of, There shall be elected at the commencement of each term of office, official oath. Congress, to continue in office until his successor is appointed, a postmaster, who shall take an oath "' for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities, and to keep the POST OFFICE AND POST ROADS, COMMITTEE ONt ETC. 153 secrets of the House;"I his appointees shall be subject to Appointees of. the approval of the Speaker.-Rule 10. He is also required, by the act of July 2, 1862, to take Additional oath. an additional oath.-(See OATH.) The Postmaster shall superintend the post office kept Duty of. in the Capitol for the accommodation of the members.Rule 28. By the act of July 15, 1870, (Stat. at Large, Vol. XVI, tuShall make return of Goverap. 365,) it is made his duty to make out a full and cornm- mentproperty in plete account of all the property belonging to the Government in his possession on the first day of each regular session, and at the expiration of his term of service. [The Postmaster, with the aid of his assistants, mes- Other duties of. sengers, &c., delivers promptly, upon the arrival of the mails, all mail matter received for members, either at his office or at their lodgings; also delivers at the city post office all mail matter deposited in his office by members; he also delivers at their lodgings all books ordered from the library by members, &c., &c.] POST OFFICE AND POST ROADS, COMMITTEE ON THE. There shall be appointed, at the commencement of each When appointed, Congress, a Committee onthe Post Office and Post Roads, to consist of eleven members.-Rule 74. "' It shall be the duty of the Committee on the Post Its duties. Office and Post Roads to take into consideration all such petitions and matters or things touching the post office and post roads as shall be presented, or shall come in question, and be referred to them by the House; and to report their opinion thereon, together with such propositions relative thereto as to them shall seem expedient.- -RBule 81. POSTPONE, MOTION TO. "When a question is under debate, no motion shall be Order n which question on, to be received but put. to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely; 154 POST ROUTES-PREAMBLE. Not to be re. which several motions shall have precedence in the order peated on same. day and at same in which they are arranged; and no motion to postpone stage. to a day certain, to commit, or to postpone indefinitely, being decided, shall be again allowed on the same clay and at the same stage of the bill or proposition." —Rule 42. When postponed " When a' question is postponed indefinitely, the same indefinitely, not to be taken up shall not be acted upon again during the session."-1-Rde during session. Of order of busi- "The order of business, as established by the rules, two-thirds vote. shall not be postponed or changed, except by a vote of at least two-thirds of the members present. —Rule 145. Debate on. [The motion to postpone to a day certain, under the practice, admits of but a very limited debate; but on a motion to postpone indefinitely the whole question is Subject post- open to debate. When the consideration of a subject is poned, to be taken up when day postponed to a particular day, upon the arrival of that zarrives. day it is entitled to be taken up, provided no question of privilege or other question of higher dignity be taken up. Reports of com- In the case of a report of a committee postponed to a day mittees postponed, when con- certain and a failure to consider it on that day, it becomes sidered. a report undisposed of, to be first considered when reports are in order. And where two or more reports are postponed to different days and are not reached on those dadys, they are to be considered in the order of the times to which they were postponed.] -Effect of previ- The effect of the previous question, if a motion to postous question where motion topone is pending, shall be to bring the House to a vote postpone is pendpstpne s pend-g. upon such motion.-Rule 132. POST ROUTES. Bills for, not to A motion for leave to introduce a bill for the estabbe introduced under the rule. lishment or change of post routes and all propositions relating thereto, shall be referred under the rule, like petitions and other papers, to the appropriate committee.Rule 115. PREAMBLE. Postponed until " When a bill is taken up in committee, or on its second other parts of bill aregonethrough. reading, they postpone the preamble till the other parts of the bill are gone through. The reason is, that on con PRESIDENT OF THE UNITED STATES. 1-55 sideration of the body of the bill, such alterations may therein be made as may also occasion the alteration of the preamble." —Manual, p. 90. By Rule 107, in the consideration of bills committed to In Committee of the Whole last a Committee of the Whole House, the preamble is left considered. to be last considered. [In the case of a resolution with a preamble, there is Atwhatparticular stage of bill no difficulty as to the time at which the preamble is to to be considered. be considered, nor in any case in Committee of the Whole; but in the House, in the case of a bill with a preamble, there is some uncertainty as to the particular stage in which the bill must be when it is proper to consider the preamble. It would seem that it might appropriately be done after the bill has been ordered to be engrossed and read a third time, and before the third reading takes place. By this course the bill can be engrossed either with'or without the preamble, as the House shall have determined. But where a separate vote on the preamble is not asked for before the bill is read a third time, the preamble is considered as adopted.] The preamble is not covered by the previous question Subject to asept rate demand of ordered upon the passage of the resolution, but is itsef revious quessubject to a separate demand of the previous question.- tion. Journal, 1, 34, p. 1217. PRESIDEINT OF THE UNITED STATES. " Hle shall from time to time give to the Congress Shall give information to Coninformation of the state of the Union, and recommend gress. to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary May convene occasions, convene both houses, or either of them, and, Congress. in case of disagreement between them with respect to May adjourn the time of adjournment, he may adjourn them to such of disagreemenCt. time as he shall think proper." —Const., 2, 27 p. 18. "Every bill which shall have passed the House of Bills after pas sage to be pre. Representatives and the Senate shall, before it becomes a segted to. law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return His powers over it, with his objections, to that house in which it shall have originated. * * * * If any bill shall not be 156 PRESIDENT OF THE UNITED STATES. Mustboreturnedreturned by the President within ten days (Sundays in ten days. excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law."-Const., Joint orders, 1, 7t 10. There is a similar provision in regard to " every resolutions, and votes, order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary, (except on a question of adjournment.")-Ibid.,1pp. 10, 11. Where he fails Where a House bill is allowed to become a law by the toreturn a bill. failure of the President to return it, it is usual for him to notify the House of that fact.-Journals, 2, 36, pp. 424, 480; Stat. at Large, Vol. XI1, pp. 893, 898; Journals, 2, Where he ap- 39, p. 479, [and so also where he approves a bill, giving proves a bill also the date of approval.] Messages from the President giving notice of bills approved shall be reported forthwith from the Clerk's desk. -Rule 158. And when an act has been approved by the President, the usual number of copies shall be printed for the use of the House.-Rule 157. Where prevent- Where the President is prevented by adjournment ed by atjourn- from returning a bill with his objections, it is usual for meit fromt returning,, b il lhim at the next session to communicate to the house with his objections. where it originated his reasons for not approving it.Journals, 2, 12, p. 544; 1, 30, p. 82; 2, 35, p. 151. (See VETO.) Bills to e ell- By Joint Rule 6 it is provided that, before a bill which rolled before pre- shall have originated in the House is presented to the sented to. President, " it shall be duly enrolled on parchment by the Clerk of the House of Representatives." Committee pre- Having been examined and signed by the Speaker and sent bills to. presiding officer of the Senate, the bill shall be presented by the Joint Committee on Enrolled Bills to the President for his approbation, and shall be entered on the Time of pre- Journal of each house. The said committee shall report sentation to, to be reported, &c. the day of presentation to the President; which time shall also be carefully entered on the Journal of each house.-Joint Rule 9. Nobill tobepre- ]"No bill or resolution that shall have passed the sented to, on last day of session. House of Representatives and the Senate shall be pre PRESIDENT OF THE UNITED STATES. 157 sented to the President of the United States for his approbation on the last day of the session." —Joint Rule 17. [This Joint Rule is necessarily suspended near the close of every session.] " When the Senate and House of Rlepresentatives shall Joint address to. judge it proper to make a joint address to the President, it shall be presented to him in his audience-chamber by the President of the Senate, in the presence of the Speaker and both houses."-Joint Rule 11. "A proposition requesting information from the Pres- Calls forinform. ation from. ident of the United States, even where reported from a committee —Journal, 1, 31, p. 723-shall lie on the table one day for consideration, unless otherwise ordered by the unanimous consent of the House; and all such propositions shall be taken up for consideration in the order they were presented immediately after reports are called for from select committees, and when adopted, the Clerk To be delivered shall cause the same to be delivered. —Rule 53. by the Clerk. [The form of resolution contemplated by this rule, as Form of call on. sanctioned by long usage, is: "Resolved, That the President of the United States be requested to inform (or communicate to) this House, if not incompatible with the public interest," &c.] (See MESSAGES FROM THE PRESIDENT.) Art. 12, Amnendments to the Const., requires that the cer- Opening and counting' of votes tificate of electoral votes in the respective States for for. President and Vice-President shall be opened by the President of the Senate in the presence of the Senate and House of Representatives, and the votes shall then be counted. And by the act of March 1, 1792-Stat. at To be opened and counted on Large, Vol. I, p. 239-Congress is required to be in ses- second Wednession on the second Wednesday in February succeeding day in February. the meeting of the electors, and said certificates shall then be opened and the votes counted. "The two houses shall assemble in the hall of the Examinationof electoral votes, House of Representatives at the hour of one o'clock p. &c., m. on the second Wednesd'ay in February next succeeding the meeting of the electors of President and Vice. President of the United States, and the President of the Senate shall be their presiding officer; one teller shall 158 PRESIDENT OF THE UNITED STATES. be appointed on the part of the Senate, and two on the part of the House of Representatives, to lwhom shall be handed, as they are opened by the President of the Senate, the certificates of the electoral votes; and said tellers, having read the same in the presence and hearing of the two houses thus assembled, shall make a list of the votes as they shall appear fiom the said certificate; and the votes having been counted, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote and the names of the persons, if any, elected, which announcement shall be deemed a sufficient declaration of the persons elected President and Vice-President of the United States, and, together with a list of the votes, be entered on the Journal of the two houses. "If, upon the reading of any such certificate by the tellers, any question shall arise in regard to counting the votes therein certified, the same having been stated by the presiding officer, the Senate shall thereupon withdraw, and said question shall be submitted to that body for its decision; and the Speaker of the House of Representatives shall, in like manner, submit said question to the House of Representatives for its decision. And no questions shall be decided affirmatively, and no vote objectel to shall be counted, except by the concurrent votes of the two houses; which being obtained, the two houses shall immediately reassemble, and the presiding officer shall then announce the decision of the question submitted; and upon any such question there shall be no debate in either house. Any other question pertinent to the object for which the two houses are assembled may be submitted and determined in like manner. "At such joint meeting of the two houses seats shall be provided as follows: for the President.of the Senate the S'Speaker's chair;' for the Speaker a chair immediately upon his left; for the Senators, in the body of the hall upon the right of the presiding officer; for the Represent. atives, in the body of the hall not occupied by the Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for PRESIDENT OF THE UNITED STATES. 159 the other officers of the two houses, in front of the Clerk's desk and upon either side of the Speaker's platform. " Suebh joint meeting shall not be dissolved until the electoral votes are all counted and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any of such votes, in which case it shall be competent for either house, acting separately in the manner hereinbefore provided, to direct a recess not beyond the next day, at the hour of one o'clock p. m." —Joint Rule 22. [After the declaration of the persons elected President Committee ap-.. pointed to notify and Vice-President, a joint committee, consisting of election. two members of the House and one Senator, are appointed to wait on the persons elected and inform them thereof.] It is further provided by the 12th Article of Amend- Wlen choice of shall devolvo on nent to Const., that if no person have a majority of the the House. electoral votes for President, "then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President the votes Votes. how ta. shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall Quorum. consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives If Houso does not choose before shall not choose a President, whenever the right Of the4th ofMarch. choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President." [In anticipation of the choice of President devolving Rules of the House in the upon it, the House of Representatives of the 2d session election of. Eighteenth Congress adopted a set of rules for its government in said election.-Journal, 2, 18, pp. 212 to 215. For the subsequent proceedings of the House in conducting said election, see same Journal, pp. 220, 221, 222.] 160 PREVIOUS QUESTION. PREVIOUS QUESTION. Order in which When a question is under debate, no motion shall motion for, to be put. be received but to adjourn, to lie on the table, for the previouts question, to postpone to a day certain, to commit or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged." —Rule 42. Form of. The previous question shall be in this form: " Shall Must be second. the main question be now put?" It shall only be aded by a majoity. mitted when demanded by a majority of the members Its effects. present; and its effect shall be to put an end to all debate, (except that the member reporting the measure under consideration may close the debate-Journal, 1, 31, p. 1056-and the every-day practice since,) and to bring the House to a direct vote upon a motion to commit, if such motion shall have been made; and if this motion does not prevail, then upon amendments reported by a committee, if any; then upon pending amendments, and then upon the main question. But its only effect, if a motion to postpone is pending, shall be to bring the House to a vote upon such motion. Whenever the House shall refuse to order the main question, the consideration of the subject shall be resumed as though no May operate motion for the previous question had been made. The aPonmendmtonly House may also, at any time, on motion seconded ky a majority of the members present, close all debate upon a pending amendment, or an amendment thereto, and cause the question to be put thereon; and this shall not Call of the House preclude any further amendment or debate upon the not in order after bill. A call of the House shall not be in order after the a second, unless no quorum pres- previous question is seconded, unless it shall appear, ent. upon an actual count by the Speaker, that no quorum is present.-Rule 132. Right of mem- The right of the member reporting the pending mneasher reporting not affected by order ure to close the debate is never denied him, even after of. PREVIOUS QUESTION. 161 the previous question is ordered. —Journal, 1, 31, p. 1056. [But if, after having occupied part of his hour in closing the debate, he moves the previous question, he is then- only entitled to occupy the floor for the remaining portion of the hour.] " On a previous question there shall be no debate. No debate on, nor on incidental All incidental questions of order arising after a motion questions of oris made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate."-Rule 133. It is in order, pending the demand for the previous Reconsideration of a preceding question on the passage of a bill, to move a reconsidera- vroto may be tion of the vote on its engrossment.-Journal, 2, 27 movedp. pending 1175. [But such motion is not debatable under the practice which has prevailed for many years.] The yeas and nays cannot be taken on seconding the No yeas and nays on seconddemand for the previous question.-Journal, 2, 19, p. 493. ing. The effect of a negative vote on the question, " Shall Effect of negative vote on orthe main question be now put?"7 is to cause the House to deringmainquestion. resume the consideration of the subject as though no motion for the previous question had been made.-Rule 132. A member is not debarred from moving the previous Member who has already spoquestion because he has spoken once.-Journal, 1, 247 ens may move. p. 1401. WVhere a vote taken under the operation. of the pre- Where a vote vious question is reconsidered, the question is then peration thof, is divested of the previous question, and is open to debate reconsidered. and amendment.-Journal, 1, 27, p. 129; 1, 33, p. 127. [These decisions apply only to cases where the previous question was fully exhausted, by votes taken on all the questions covered by it, before the motion to reconsider was made. In any other case the pendency of the previous question would preclude debate.] "It is not in order to move a reconsideration of the Not-in order to reconsider, when vote on ordering the maiu question when it is partly ex- partly executed. ecuted."-Journal, 1, 31, pp. 1101, 1398. The previous question may be moved on a resolution rMay be moved on a resolution on submitted under a call of the States, and thus prevent resolution day. the debate which, under the rules, requires it to lie over. -Journal, 1, 26, p. 1067i 1, 277 p. 429; 1I 307 p. 326. ]B D l1 162 PRINTING, PUBLIC. Is exhaustedby The previous question is exhausted by an affirmative an affirmative voteonreference. vote on a motion to refexr and upon a reconsideration of said vote the question stands divested of the previous question.-Journal, 3, 34, p. 452. Motion to re- After the previous question is ordered, it is not in order commit not in orderafter ordered. to entertain a motion to recommit. —Journal, 1, 29, p. 643. Motion for,can- A motion for the previous question cannot be laid on not be laid on table. the table.-Journal, 2, 29, p. 252. Does not cut The previous question has not the effect of cutting off off instructions. instructions previously moved in connection with a motion to commit.-Journal, 1, 31, p. 1394. Effect *of, on [Under the practice of the House, if a question of question of order, motion to re- order or a motion to reconsider is pending when the preconsider, and to postpone. vious question is moved, when ordered it applies only to them, and is exhausted with the vote upon them; so, too, by the express language of Rule 132, in the case of a motion to postpone.] io modifica- After the previous question has been seconded, it is tion after second q of. not competent for the mover to modify his proposition.Norwithdrawal. Journal, 1, 31, p. 1397. [Nor, according to the practice, can he withdraw it after a second;] but he may withdraw it while the House is dividing on the question of a second. — Journal, 2, 29, p. 241. Maybe moved It is competent for a member to submit a resolution at same timewith 7 a resolution. and at the same time move the previous question thereon. -Journal, 1, 28, p. 558. Applies to ques- The previous question applies to a question of privitonof prvlege. lege equally with any other question. —Journal, 2, 27, pp. 573, 576; 1, 28, p. 882. After second, [After the previous question has been seconded upon not in order to go into Committee a pending proposition, it is not then in order to -enterof the Whole. tain the motion to go into Committee of the Whole.] PRINTING, PUBLIC. Superintendent The Superintendent of Public Printing is directed, by to have executed. the joint resolution of June 23, 1860, to have executed the printing and binding authorized by the Senate and House, the executive and judicial Departments, and the Court of Claims. He is also required to take charge of, and is held responsible for, all manuscripts and other matter to be printed, engraved, or lithographed, and PRINTING, PUBLIC. 163 cause the same to be promptly executed. On and after Tobepromptly March 4, 1861, all the printing and binding, and all executed blank books ordered by Congress, or by either house of Congress, shall be done and executed under said Superintendent; but no printing and binding other than that None other than, to be exeordered by Congress or the heads of Departments, as cutetl in Governaforesaid, shall be executed in his office. It shall be the Shperintendent shall receive and duty of said Superintendent to receive from the Clerk deliver work. of the House all matter ordered by the House to be printed or bound, and when the same is executed, see that the volumes or sheets are promptly delivered to the officer authorized to receive the same, whose receipt therefor shall be a sufficient voucher by the Superintendent of their delivery. Whenever any maps, charts, diagrams, views, or other Engravingto be engraving shall be required to illustrate any document the direction of ordered to be printed by either house of Congress, such said committee. engraving shall be procured by the Superintendent of Printing, under the direction and supervision of the Committee on Printing of the house ordering the same. The condition of the printing, binding, and engraving, The condition, cost, &c., of, to the amount and cost of paper, printing, binlding, &c., a be reported to statement of the bids for materials, and other informa- Congress. tion in regard to the matters connected therewith, shall be reported to Congress on the first day of each session, or as soon as may be thereafter, by the Superintendent. — Stat. at Large, Vol. XII, p. 117, 118, 119, 120. By the act of March 3, 1873, it is provided that, until Debates to be printed by Cona contract is made, the debates shall be printed by the gressional PrintCongressional Printer, under the direction of the Joint er. Committee on Public Printing on the part of the Senate.-Stat. at Large, Vol. X VII, p. 510. Where extra copies of documents of the size of 250 What extra documents to be pages and upwards are ordered to be printed, they shall bound. be bound as directed by the Committee on Printing on the part of the House, at a cost not to exceed 12, cents per volume.-Stat. at Large, Vol. X, p. 190. In no case Not more than shall more than 1,550 copies of any document be printed, printed o be unless extra copies be ordered; and the said regular aowdistributed. number (1,550) shall be distributed by the officers of the house first ordering the printing of the same, to the same 164 PRINTING, PUBLIC. persons and in the same manner as such numbers here. tofore ordered by both houses have been distributed.Stat. at Large, Vol. XI, p. 422. Motions to print All motions to print extra copies of any bill, report, 3xtra copies. or other document, shall be referred to the members of the Committee on Printing from the house in which the same may be made.-Stat. at Large, Vol. X, p. 34. of extr.a docn. All propositions originating in either house for printments, the cost of which exceeds ing extra copies of public documents, the cost of which $500. ~ shall exceed $500, shall be by concurrent resolution, and all such resolutions shall upon their transmission from either house be immediately referred to the Committee on Printing of the house to which they are sent.Stat. at Large, vol. X VI, p. 233. Bills passed in When bills which have passed one house are ordered one house,,and ordered to be to be printed in the other, a greater number of copies printed in the other. shall not be printed than may be necessary for the use of the house making the order." — Joint Rule 18. At what stage [The usual stage at which House bills are ordered to House bills are usually printed. be printed is upon their report from a committee and their colmlnitmlent to a Committee of the Whole.] Maps not to be " Maps accompanying documents shall not be printed printed without special order. under the general order to print, without the special direction of the House."-Rule 139. Superintendent By the' joint resolution of March 3, 1863, it is proto be furnished with copies ofvided that, instead of furnishing manuscript copies to documents ac- each house of Congress, the heads of the several D'epartcompanyring reeportof hIads of ments of Government be required to furnish the Superintendent of Public Printing with copies of the documents usually accompanying their annual reports, on'or before the first day of November of each year; whose Number to be duty it shall be to print, in addition to the number now pr, in ted, for House, andfheon required by law, two thousand copies for the use of the tohbe deivered. Senate, and five thousand for the use of the House, in volumes (bound in the usual manner) of convenient size, and. to. deliver the same to the proper officers of each house, respectively, on or before the third Monday in December of each year. Statement of The Secretary of the Treasury is required to furnish imports and Sprtne ports, when toeb to the Superintendent of Public Printing, on or before PRINTING, PUBLIC. 165 November 1st of each year, a condensed statement of furnished and exports and imports, who shall print and bind as soon thereafter as practicable the usual number (1,550) for the two houses, three hundred for the Treasury Department7, two thousand for the Senate, and six thousand one hundred and fifty for the use of the members of the House. The form and style in which the printing ordered by Form and style to be determined either house of Congress shall be executed, and the size by Superintend. of type to be used, shall be determined by the Superin- ent. tendent of Public Printing, having proper regard to economy and workmanship.-Stat. at Large, Vol. XIi7 pp. 825, 826. (See PUBLIC DOCUMENTS, BILLS, PRINTING: COMMIT-. TEE ON.) By the act of June 25, 18647 it is provided "that here- Heads of Deafter, instead of furnishing manuscript copies of the doc- setld manuscipt umes to Super uments usually accompanying their annual reports to intenedent.uper each house of Congress, the heads of the several Departments of Government shall transmit them, or or before the first day of November in each year, to the Superintendent of Public Printing, who shall cause to be printed the usual number, and, in addition thereto, one thousand copies for the use of the Senate and two thousand copies for the use of the House of Representatives. And that it shall be the duty of the Joint Committee on Printing to appoint some competent person, who shall edit and select such portions of the documents so placed in their hands as shall,. in the judgment of the committee, be desirable for popular distribution, and to prepare an alphabetical index to the same. (See Act of July 27, 1866, post.) " That it shall be the duty of the heads of the several When reports Departments of Government to furnish the Superintend-o b furnished. ent of Public Printing with copies of their respective reports on or before the third Monday in November in each year. " That it shall be the duty of the Superintendent of P.resident's mesPublic Printing to print the President's message, the dc2uments,~ hureports of the heads of Departments, and the abridge- tie nf d'istribu 166 PRINTING, PUBLIC. ment of accompanying documents prepared under the direction of the Joint Committee of Public Printing, suitably bound; and that, in addition to the number now required by law, and unless otherwise ordered by either house of Congress, it shall be his duty to print ten thousand copies of the same for the use of the Senate, and twenty-five thousand copies for the use of the House, and to deliver the same to the proper officer of each house, respectively, on or before the third Wednesday in December, following the assembling of Congress, or as soon thereafter as practicable; and further, it shall also be the duty of the said Superintendent to cause to be printed and stitched in paper covers twenty-five hundred 6opies of the annual reports of the executive Departments for the use of said Departments, respectively; and also one thousand copies of the reports of the Commissioner of the General Land Office, Commissioner of Pensions, Commissioner of the Internal Revenue, and such number of the report of the Commissioner of Indian Affairs, to be bound, not exceeding three thousand copies, as may be directed by the Secretary of the Interior, for their use, respectively; and also five hundred copies of the reports of the Superintendent of the Washington Aqueduct, Architect of the Capitol Extension, Metropolitan Police Board, Third Auditor of the Treasury, and of the Insane Asylum, Columbian Institute, and Commissioner of Public Buildings, respectively, for their use; and one hundred copies of the report of the'Bureau of Engineers, for the use of said bureau. And he shall not print any greater number of said reports unless otherwise directed by either house of Congress. Commercial Re- That seven thousand copies of the' Commercial Rela-,nd distribuion tions,' annually prepared under the direction of the Secof. retary of State, be printed and distributed as follows, viz: the usual number (one thousand five hundred and fifty) for the houses of Congress, four hundred and fifty for the State Department, two thousand for the use of the members of the Senate, and three thousand for the use of the members of the House. Offers for carry- "; That the annual report of the Postmaster General of ing mails not to be printed with- offers received and contracts for conveying the mails, in out special order. PRINTING, PUBLIC. 167 compliance with the twenty-fourth and twenty-fifth sections of the act of Congress approved July 2, 1836, be no longer printed, unless specially ordered by either house of Congress; and that such portion of the abovementioned act as authorized the said publication be, and the same is hereby, repealed. 4~"That from (and after the passage of this act it shall Secretary of Senate to furnish be the duty of the Secretary of the Senate to furnish the copies of laws to be printed and Superintendent of Public Printing with correct copies of distributed. all laws and joint resolutions as soon as possible after their approval by the President of the United States, and that the Superintendent shall immediately cause to be printed, separately, the usual number for the use of the two houses of Congress; and in addition thereto, he shall cause to be printed and bound, at the close of each session of Congress, three thousand copies thereof for the use of the Senate, and ten thousand copies for the use of the House, with a complete alphabetical index, prepared under the direction of the Joint Committee on Public Printing. "That all lithographing and engraving, where the Lithographing and engraving. probable total cost of the maps or plates illustrating or d g accompanying any one work exceeds two hundred and fifty dollars, shall be awarded to the lowest and best bidder for the interests of the Government, due regard being paid to the execution of the work, after due advertisemrlent by the Superintendent of Public Printing, under the direction of the Joint Committee on Printing: Provided, That the Joint Committee on Public Printing be authorized to empower the Superintendent of Public Printing to make immediate contracts for engraving, whenever, in their opinion, the exigencies of the public service will not justify waiting for advertisement and award."-Stat. at Large, Vol. XIII, pp. 184-6. By the act of July 12, 1870. it is provided that here- of envelopes, letter or note after no envelopes, letter or note sheets, for the use of sheets on steel, &c., prohibited. Congress, &c., shall be printed from steel or copper plate, or by lithographing.-Stat. at Large, Vol. XVI, p. 233. " That whenever any person may desire extra copies Where extra of anypies are deof any document printed at the Government Printing sired by any perSonl. 168 PRINTING, PUBLIC. Office by authority of law, and shall notify the Superintendent of Public Printing of the number of copies desired previous to its being put to press, and shall pay, in advance, the estimated cost thereof (with ten per centum added thereto-Stat. at Large, vol. XV;T, p. 478.) to said Superintendent, the Superintendent shall be authorized, under the direction of the Joint-Committee on Public Printing, to furnish such extra copies; and the money so received, together with moneys received by him from the sales of paper shavings and imperfections, shall be deposited in the Treasury of the United States to the credit of the appropriations for public printing, binding, and paper, respectively, as designated by said Superintendent; and, further, the Secretary of the Treasury is hereby directed to cause the moneys heretofore deposited by said Superintendent in the Treasury of the United States, being the proceeds of sales of paper shavings and imperfections, to be placed to the credit of the appropriations aforesaid, which said several sums of money shall be subject to the requisition of said Superintendent in the manner now prescribed by law. Papers relating " That whenever papers relating to foreign affairs shall to foreign affairs. be communicated to Congress accompanying the annual message of the President, it shall be the duty of the Superintendent of Public Printing to cause to be printed and bound, in addition to the usual number, four thousand copies for the use of the members of the Senate, seven thousand copies for the use of the members of the House of Representatives, and such number for the Executive Department as the President shall direct. (See Act of July 27, 1866, post.) Form and style "That the forms and style in which the printing or of printing and bfinding and binding ordered by any of the Departments shall be executed, the materials and size of type to be used, shall be determined by the Superintendent of Public Printing, having proper regard to economy, workmanship, and the purposes for which the work is needed. "That all laws or parts of laws, joint resolutions or parts of joint resolutions, conflicting with the above provisions, be, and they are hereby, repealed."-Stat. at Large, Vol. XIII, pp. 184, 185, 186. PRINTINGI PUBLIC. 169 By the act of March 14, 1864, it is provided that no To be done only on written order. printing or binding shall be done, or blank books procured, for the House except on the written order of the Clerk.-Stat. at Large, Vol. XIII, p. 25. By the joint resolution of February 3, 1864, it is pro- Number of bills vided that seven hundred copies of every bill or joint to be printed. resolution ordered to be printed shall be furnished, unless some other number be specially required.-Stat. at Large, Vol. XIII, p. 402. By the joint resolution of February 14, 1 1865, it is pro- Congressional vided that the Congressional Directory shall be comn- piled under the direction of the Joint Committee on Public Printing, and published by the Superintendent of Public Printing, the first edition of each session to be ready for distribution within one week after the commencement thereof. —Stat. at Large, Vol. XIII, p. 568. By the act of July 27, 1866; it is provided " that here- Annual reports of executive De. after it shall be the duty of the Superintendent of Public partments. Printing, in place of the reports of the executive Departmnents ordered by the act of June 25, 1864, to cause to be printed and bound twenty-five hundred copies of the annual reports of the executive Departments, with such accompanying documents as the heads of those Departments may respectively select, but not to exceed three hundred pages, for the use of said Departments respectively. Whenever papers relating to foreign affairs shall be Papers relating communicated to Congress, accompanying the annual toforeignaffairs. message of the President, it shall be the duty of the Superintendent of Public Printing to cause to be printed and bound, in addition to the usual'number, two thousand copies for the use of the members of the Senate, four thousand copies for the use of the House, and two thousand five hundred copies for the use of the State Department, in place of the numbers ordered by the act of June 25, 1864. In the publication of the report of the. Secretary of Report of the,lie.Secretary of the the Navy, the detailed statement of the offers for supplies Navy. and of articles embraced in each class under contract shall be omitted, and in lieu thereof the Secretary of the Navy 170 PRINTING, PUBLIC. shall prepare and submit with his report a schedule embracing the offers by classes, indicating such as have been accepted. Estimates of pa- It shall be the duty of the Superintendent of Public,er required to oe submitted. Printing, at the commencement of each session of Congress, to submit to the Joint Committee on Printing estimates of the quantity of paper of all descriptions which will, in his opinion, be required for the execution of the public printing during the coming year. The J'ointCommittee Joint' Committee on Printing shall then fix upon a to fix standard of paper. standard of paper for the different descriptions of congressional and executive printing, and it shall be the duty of the Superintendent of Public Printing, under the direction of the Joint Committee on Printing, to Advertisements advertise in only two newspapers published in each of for proposals for paper. the cities of New York, Cincinnati, Boston, Philadelphia, Baltimore, and Washington, for sealed proposals to furnish the Government of the United States with paper, of the quality and in the quantity specified in the advertisements, and it shall be the duty of the Superintendent to furnish samples of the standard papers adopted by the committee to applicants therefor; the said sealed Contracts to be proposals to be opened before, and the award of conU ommittee. tracts to be made by, the Joint Committee on Printing, to the lowest and best bidder for the interest of the Government: Provided, That the advertisement for sealed proposals for furnishing paper shall designate the minimum portion of each particular quality of paper required for either three months, six months, or one year, as the Joint Committee on Printing may determine; but when the minimum portion so specified shall exceed in any case one thousand reams, the advertisement shall state that proposals will be received for one thousand reams or more: And provided further, That no proposals shall be considered by the Joint Committee on Printing unless accompanied by satisfactory evidence that the person or persons making said proposals are manufacturers of or dealers in the description of paper which they propose to furnish: And provided further, That in awarding contracts an equitable period of time for filling the same PRINTING, PUBLIC. 1 71 shall be designated and allowed by the Joint Committee on Printing, without whose approval no contract shall be valid: And providedffurther, That it shall be the duty of the Superintendent of Public Printing to include in his annual report to Congress a detailed statement of all proposals made and contracts entered into for the purchase of paper. It shall be the duty of the Superintendent of Public Duty of Super. intendent on doe Printing to compare every lot of paper delivered by any livery of paper. contractor with the standard of quality, and also to see that it is of the weight contracted for, and to refuse to accept any paper from any contractor which does not conform to the standard of quality and is not of the stipulated weight. And in case of difference of opinion between the Superintendent of Public Printing and any contractor for paper with respect to its quality, the matter of difference shall be determined by the Joint Committee on Printing: Provided, That in default of any contractor When contractor to comply with his contract in furnishing the paper contracted for in the proper time, and of proper quality and weight, it shall be the duty of the Superintendent of Public Printing to report the same to the Joint Committee on Printing, if Congress is in session, or to the Secretary of the Interior, if during a recess of Congress, and he shall, under the direction of the Joint Committee on Printing, ori of the Secreta ry of the Interior, as the case may be, enter into a new contract with the lowest and best bidder for the interest of the Government, among those whose proposals were rejected at the last opening of bids, or advertise for hnew proposals under the regulations before established; and during the interval which may thus be created, he shall, under the direction of the Joint Committee on Printing, or of the Secretary of the Interior, as above provided, purchase in open market, at the lowest market price, all such paper necessary for the public service. For any increase of cost to the Government in procuring a supply of paper for the use of the Government, the contractor or contractors in default, and his or their securities, shall be charged with and held responsible for the same, and shall be prosecuted upon their 172 PRINTING, PUBLIC. bond by the Solicitor of the Treasury, in the name of the United States, in the circuit court of the United States in the district in which the defaulting contractor resides; and to enable the Solicitor to do so, it shall be the duty of the Superintendent of Public Printing to report to him the default on its happening, with a frull statement of all the facts in the case: And provided further, That the Joint Committee on Public Printing, or, during the recess of Congress, the Secretary of the Interior, be authorized to empower the Superintendent of Public Printing to make purchases of paper in open market at the lowest market price7 whenever, in their opinion7 the quantity is so small, or the want is so immediate, as not to justify advertisement for an award of contract therefor. No greater num- "4All laws or parts of laws, joint resolutions or parts of ber of reports to beprinted, unless resolutions conflicting with the above provisions, be, and otherwise directed. they are hereby, repealed; nor shall the Superintendent of Public Printing print any greater number of the reports herein named, unless otherwise directed by either House of Congress." —Stat. at Large, Vol. XIV, pp. 305-6. Report of the By the joint resolution of December 20, 1867, (Stat. at erastrL. aterGen- Large, Vol. XV, p. 245,) it is provided that hereafter it shall be the duty of the Congressional Printer to cause to be printed and bound three thousand copies of the report of the Postmaster-General, instead of twenty-five hundred copies, as provided by the act approved July 27, 1866, and that so much of that act as conflicts with the above provision be, and is hereby, repealed; and this resolution shall apply to the report for the present year. Office of Con- By the act of February 22, 1867, provision is made for gressional Printer created, and the election of a Congressional Printer by the Senate, upon that of Superint en det abol- whom are imposed the duties heretofore required of the ished. Superintendent of Public Printing, and the latter office is thereby abolished.-Stat. at Large, Vol. XIV, _p. 398. Order by the By the act of March 2, 1867, it is provided that all executive Departments. printing of any kind ordered by the executive Departments shall be executed by the Government Printer, when practicable; and if not, at such office as may be designated by the Clerk of the House of Representatives, PRINTING, JOINT COMIlMITTEE ON. 173 at rates not exceeding the current rates for such printing.-Stat. at Large, Vol. XIV, p. 467. (See also CLERKt OF THE HoUSE.) By the act of July 20,1868, it is provided that all neces- For the Departmcnts to be done sary letter-press printing and book-bindcling, in all the De- at Government Office. partments and Bureaus, shall be done and executed at the Government Printing Office, except registered bonds and written records, which may be bound as heretofore at the Departments.-Stat. at Large, Vol. XV, p. 111. By the act of March 3, 1869, it is provided that all pay- No payments to ments for public printing and binding not done at the where not done a t Government Government Printing Office according to the provisions office. of the act of July 20, 1868, shall not be allowed by the accounting officers, and that no proposition for printing extra copies, the expense of which shall exceed the sum Extra copies exceeding in cost of $500, shall be considered by either House until the $500oo, must be ordered by concursame shall have been referred to the Joint Committee on rent resolution. Printing, and ordered by concurrent resolution of the two Houses. —Stat. at Large, Vol. XV, p. 285. (See CONGRES SIONAL GLOBE.) PRINTING, JOINT COiMMITTEE ON. "A committee, consisting of three members of,the Tobe appointed. Senate and three members of the House of Representatives, shall be appointed by the President of the Senate and Speaker of the House, to be called the Joint Committee on the Public Printing. The said committee shall pass upon the accounts of the Superintendent of the Public Printing. Said committee shall have power to Power and dua ties of. adopt such measures as may be deemed necessary to remedy any neglect or delay in the execution of the public printing: Provided, That no contract, agreement, or arrangement entered into by this committee, shall take effect until the same shall have been approved by that house of Congress to which the printing belongs, and, when the printing delayed relates to the business of both houses, until both houses shall have approved of such contract or arrangement. All motions to print Motions to print extra copies to be extra copies of any bill, report, or other document, shall referred oHtouso, be referred to the members of the Committee on Printing members of 174 PRINTING, JOINT COMMITTEE ON. from the house in which the same may be made." — Stat. at Large, Vol. X, p. 34. May cause sheets They may cause the printed sheets for the finer deto be dry-pressed. scription of books authorized to be printed by either house to be dry-pressed before being bound, the cost not to exceed the sum of 50 cents per ream, medium.-lbid., p. 645. House members The committee on the part of the House may direct may direct binding of certain ex- the binding of extra copies of documents, the size of tra documents. which shall not be less than 250 pages; the cost not to exceed 12, cents per volume.-Ibid., p. 190. May control the They may control the order in which the Superintendorder in which printing is to be ent shall deliver matter to be printed. —Ibid., p. 31. Shall direct the Whenever any charts, maps, diagrams, views, or other procurement of engraving. engravings shall be required to illustrate any document ordered to be printed by either house of Congress, such engraving shall be procured by the Superintendent, under the direction and supervision of the Committee on Printing of the house ordering the same. —Stat. at Large, Vo. XII, pp. 117 to 120. To appoint per- By the act of June 25, 1864, it is made the duty of son to edit and select portions of said committee to appoint some competent person, who documents to be printed, and to shall edit and select such portion of the documents prepare index. accompanying the annual reports of the heads of Departments as shall, in their judgment, be desirable for popular distribution, and to prepare an alphabetical index to the same. (See act of July 27, 1866, under head of PRINTING, PUBLIC, ante.) To direct en- By the same act said committee shall have the direction, graving and lith. ographing con- after advertisement, of all lithographing and engraving where it exceeds $250 in value; and they are authorized to empower the Superintendent to make immediate contracts for engraving, whenever, in their opinion, the exigencies of the public service will not justify waiting for advertisement and award. To direct the By the same act the Superintendent is authorized, furnishing of extra copies of doc- under the direction of said committee, to furnish extra uments to any person. copies of such documents as may be desired by any perShall have pre- son. By the same act said committee shall have preared index to alphabetic index the laws. pared under their direction a complete alphabetical index PRIORITY OF BUSINESS-PRIORITY OF QUESTIONS. 175 of the laws directed to be furnished for publication by the Secretary of the Senate.-Stat. at Large, Vol. X~III, pp. 185, 186. "There shall be referred by the Clerk, to the members of the House members Commnittee on Printing on thepart of the House all drawings, &oc., on engravpo maps, charts, or other papers, which may at any timeing' come before the House, for engraving, lithographing, or publishing in any way; which committee shall report to the House whether the same ought, in their opinion, to be published; and if the House order the publication of the same, that committee shall direct the size and manner of execution of all such maps, charts, drawings, or other papers, and contract by agreement, in writing, for all such engraving, lithographing, printing, drawing, and coloring, as may be ordered by the House; which agreement, in writing, shall be furnished by said committee to the Committee of Accounts, to govern said committee in all allowances for such works; and it shall be in order for said committee to report at all times." —Rule 100. "It shall be in order for the Committee on Printing tore- May report at port at any time."-Rule 101. But by a resolution of the any time. House (Journal, 2, 42, p. 697) it was declared " that the Committee on Printing is authorized to report at anytime only upon matters of printing." And the right to report at any time carries with it the right to consider the matter when reported.-Journal, 1, 32, p. 195. (See also PRINTING, PUBLIC.) PRIORITY OF BUSINESS. t"All questions relating to the pririty of business to Question relative to, not debatbe acted on shall be decided without debate." -Rule 66. able. PRIORITY. OF QUESTIONS.'When a question is under debate, no motion shall Whenaquestion be received but to adjourn, to lie on the table, for the' suder debate. previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged; and no motion to commit or to postpone indefinitely, being decided, shall be again allowed on the same day and at the same stage of the bill or proposition."-Rzule 42. [When any one of the foregoing 176 PRIVATE BILLS AND PRIVATE BUSINESS. motion is received, the practice is not to entertain another of lower dignity until the former is disposed of.] On motions of 44 When a resolution shall be offered, or a motion made reference. to refer any subject, and different committees shall be proposed, the question shall be taken in the following order: the Committee of the Whole House on the state of the Union; the Committee of the Whole House; a standing committee; a select committee." —Rule 43. PRIVATE BILLS AND PRIVATE BUSINESS. Private bills. [The line of distinction between public and private bills is so difficult to be defined in many cases that it must rest on the opinion of the Speaker and the details of the bill. It has been the practice in Parliament, and also in Congress, to consider as private such as are "for the interest of individuals, public companies or corporations, a parish, city, or county, or other locality." To be a private bill, it must not be general in its enactments, but for the particular interest or benefit of a person or persons. A pension bill for the' relief of a soldier's widow is a private bill; but a bill granting pensions to such persons as a class, instead of as individuals, is a public bill. Bills for the incorporation of companies, and whose operations are confined within the District of Columbia, have been treated as private; but where such companies are authorized to have agencies and transact business outside of the limits of the District, they are treated as public. Bills granting lands for railroads have always been held to be public; while a bill authorizing the extension of a railroad into the District of Columbia, or conferring certain privileges upon such an incorporation, has been held to be private.] Relieffrom the A bill relieving a person elected to the House from test oath held to be private. taking the test oath is held to be a private bill.-Journal, 2, 41, pp. 265, 266. Take prece- "Friday and Saturday in every week shall be set dence on Friday and Saturday. apart for the consideration of private bills and private business in preference to any other, unless otherwise determined by a majority of the House.7"-Rule 128. And such bills may also be considered in their order on PRIVATE BILLS AND PRIIVATE BUSINESS. 177 other days, notwithstanding their precedence on Friday But may be considerod on'other and Saturdavy. —Journal, 1 197 p. 795. days. When all private business has been disposed of on Majority may determine what Friday or Saturday, it is competent for a majority tote consider after determine what business shall be considered.-Journal disposing of. 1, 26, p. 460. A motion to go into Committee of the Whole House A motion to go into a Committee on the state of the Union may be entertained on private of the Whole bill d(lay, (Journal, 2, 22, p. 212 et passimn;) but the mo- cosdece tof pretion to go into tion to go into a Committee of the Whole House takes unoO go into precedence, (Journals, 1,29, p. 850; 17 30,p. 775,) [unless, according to the general, although not universal practice, a special order is pending in the former.] "The bills from the Court of Claims shall, on being Bills from the laid before the House, be read a first and second time, Cout of claims. committed to a Committee of the Whole House, and, together with the accompanying reports, printed."Rule 122. [Although there is no ekpress rule requiring it, except By usage, go to a Committee in the preceding case in regard to bills from the Court of the Whole House. of Claims, it is the usage in the commitment of private bills to send them to a Committee of the Whole House, while public bills are sent to a Committee of the Whole House on the state of the Union.] —(See COMMITTEES OF THE WHOLE.);" On the first and fourth Friday and Saturday of each On first and fourth F r i d a y month the calendar of private bills shall be called over, and Saturday, (the chairman of the Committee of the Whole House objected to are Ut commencing the call where he left off the previous day,) be considered. -and the bills to the passage of which no objection shall then be made shall be first considered and disposed of. But when a bill is again reached, after having been once objected to, the committee shall consider and dispose of the same, unless it shall again be objected to by at least five members.-2-Rule 129. And this rule applies as well to the consideration of bills in the House as in Commit — tee of the Whole.-Journal, 1, 31, p. 697. [On such days,. objection, such as is indicated by the above rule, or debate arising thereon, is fatal to the further consideration of a bill, but an amendment may be entertained and. B D- 12 178 PRIVATE LAND CLAIMSi COMMITTEE ON-PRIVILEGE. voted on. And after a bill has been objected to, and oi, that account passed over, it cannot, without unanimous consent, be recurred to.] PRIVATE LAND CLAIMS, COMMITTEE ON. When appointed, There shall be appointed at the commencement of each and number of. Congress a Committee on Private Land Claims, to consist of eleven members.-Rule 74. Its duty. "It shall be the duty of- the Committee on Private Land Claims to take into consideration all claims to land which may be referred to them, or shall or may come in question, and to report their opinion thereupon, together with such propositions for relief therein as to them shall seem expedient."-RRule 86. PRIVILEGE. Privilege from i" Senators and Representatives shall, in all cases exarrest. arrest. cept treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returnNot tobeques- ing from the same; and for any speech or debate in tioned out of House for speech either house they shall not be questioned in any other or debate in 6 9 House. place."-Const., 1, 6 9. Privilege from "This privilege from arrest privileges, of course, arrest. against all process the disobedience to which is punishable by an attachment of the person; as a subpoena ad respondezduln or testificandum, or a summons on a jury; and with reason, because a member has superior duties to perform in another place."-Manual,, p. 58. House may ex- "Each house may determine the rules of its proceedpel its members.. ings, punish its members for disorderly conduct, and; with the concurrence of two-thirds, expel a member." — Const., 1, 5, 8. Penalties inflict- In the maintenance of what are denominated its prived for breach of. ileges, and of the privileges of its individual members, the Houses in former Congresses, has imposed various penalties. In some cases it has directed its Speaker to reprimand the party offending.-Journals, 1, 4, p. 389; 1, 15, p. 154; 1, 22, pp. 730, 736. PRIVILEGE, QUESTIONS OF. 179 In others it has committed the party to the custody of the Sergeanlt-at-arms. —ournals, 12 4, p. 407; 1, 12, p. 280; 1, 15, p. 119; 234, pp. 277, 281, 384. In others (where the parties were reporters of the House) it has excluded them from the hall.-Journals, 1, 24, p. 1021; 2, 33, p. 315. In one case, where a witness refused to answer a question propounded to him by a select committee, it was ordered and adjudged by the House that he be committed to the common jail of the District of Columbia, to be kept in close custody until he should signify his willingness to purge himself of the contempt.-Journal, 1, 357, pp. 387. to 389. And after having been so imprisoned for more than three months, he was, by the further order of the House, released from jail and delivered over to the marshal of the said District to answer a presentment against him in the United States criminal court therein. —lbid., pp. 535 to 539. In the 41st Congress, Patrick Woods having been held to answer for an assault upon a member (outside of the city) was ordered to be punished by imprisonment in the iail of the District of Columbia, as other criminals are, for three months. —Journat, 2, 41, pp. 1199, 1200. (The session terminated within a week after the order, but the order was executed.) PRIVILEGE, QUESTIONS OF. " A matter of privilege arising out of any question, Take precedence or from a quarrel between two members, or any other ootherbusiness. cause, supersedes the consideration of the original question, and must be first disposed of."-Manual, p. 105. [According to the practice, not finally disposed of, but the House shall proceed to such immediate measures as it may think proper.] Whenever the Speaker is of the opinion that a ques- Duty of the Speaker in. refertion of privilege is involved in a proposition, he must ence to. entertain it in preference to any other business.-Journal, 1, 29, p. 724. [Such opinion, of course, being subject to an appeal.] And when a proposition is submitted which relates to the privileges of the House, it is his duty to entertain it, at least to the extent of submitting the ques 180 PRIVILEGE, QUESTIONS OF. tion to the House as to whether or not it presents a question of privilege.-Journals, 3, 27, p. 46; 1, 29,p. 223;, 30,p. 712; 1, 31, p. 1079; 1, 35, p. 376, 410. Which have An enumeration of the various questions of privilege that may arise cannot, of course, be given, but the following list embraces nearly all that have arisen, viz: Contested election cases-Journals, 1, 26, pp. 1283, 1300; 1, 29, p. 201; 1, 31, p. 1065; 2, 31, p. 119; Failure or refusal of a witness to appear before committees of the House, or refusal to testify —Journals, 1, 12, p. 277; 2, 33, p. 315; 3, 34,pp. 241, 269; 1 35, pp. 258, 371, 750, 821'; 2, 35, pp. 411, 430, 451; 3, 40,pp. 226, 250, 392; Offer to bribe a member-Journals, 1, 47 p. 389; 1, 15, pp. 119, 171; Challenge of a member by a Senator-Journal, 1, 4,p. 471; Assault by one member upon another-Journals, 1, 5, p. 154; 1, 34, p. 1527; Divulging the secrets of the House-Journal, 12, p. 276; Assault upon a member —Journals, 1, 22, p. 590; 2, 23, p. 485; 2, 41, pp. 1199, 1200; Menacing language towards a member out of the House on account of interrogatories propounded by him~ to a witness before the House-Journal, 1, 22, p. 740; Disorder in the gallery-Journal7 1, 24, p. 331; Fracas between two reporters in the presence of the House-Journal, 1, 24, p. 983; Refusal of a member to take his seat in Committee of the Whole when ordered by the chairman to do soJournal, 1, 24, p. 1209; Duel between two members —Journal, 2, 257 p. 501; Warm words and a mutual assault between two members in Committee of the Whole-Journal,.2, 25,p. 1013; Protest by the President against certain proceedings of the House-Journal, 2, 27, p. 1459; Proposition to impeach the President-Journal, 3, 27, p. 159; 2, 39, p. 121; Alleged menance of members by a mob at the seat of Government-Joaurnal, 1i 307, p. 712; PRIVILEGED QUESTION. 181 Charge of falsehood upon a member in a newspaper by the printer of the House-Journal, I, 29, p. 223; Alleged false and scandalous report of proceedings in the House by one of its reporters-Journal, 2, 29, p. 320; Alleged mutilation of the Journal by the SpeakerJournal, 1, 31, p. 713; Publication by the public printer of an article alleged to be for the purpose of exciting unlawful violence upon members —Journal, 1, 33, p. 965; Charges affecting the official character of a memberJournal, 1, 33, p. 1178; Alteration and interpolation of House bills-Journal, 1, 33, p. 1194; Assault upon a Senator by a member of the HouseJournal, 1, 34, p. 1023; Alleged corrupt combinations on the part of certain members —Journal, 2, 347 pp. 475, 476; Propositions to expel a member on the ground of alleged imputations resting upon him by reason of proceedings of the House at the previous Congress —Journal, 1, 35, p. 179. The previous question applies upon a question of priv-'Previous question applies to. ilege as well as in other cases.-Journals, 2, 27, pp. 5737 576; 1, 28, p. 882. PRIVILEGE OF THE FLOOR. (See FLOOR.) PRIVILEGED QUESTION. [Privileged questions are those to which precedence is What are. given over other questions by some rule or special order of the House, and are of different grades among themselves.] Motions to fix the day to which the House shall adjourn, and to adjourn, shall be "always in order."-Rule 44. Motions to reconsider take precedence of all questions, except a motion to adjourn. —Rule 49. Motions for an adjournment of more than three days, with the concurrence of the Senate, are privileged.-Journal, 2, 37, pp. 718 to 720. [And so, also, according to the usage, are motions to take a recess, to fix the day of final adjournment, and for a call of the House.] Motions to go into 182 PROTEST-PUBLIC BUILDINGS AND GROUNDS, COM. ON. Committee of the Whole House on the state of the Union, and to close debate in Committees of the Whole, may be made "at any time." —Rule 104. Reports from the Committee on Enrolled Bills and the Committee on Printing may be made " at any time."-Rules 100 and 101. Reports of the general appropriation bills by the Committee on Appropriations, at any time.-Rule 77. Reports of the Committee of Ways and Means, at any time.-Rule 151. Motions to make any of the general appropriation bills a special order, at any time. —Rule 119. The report of a committee of conference is held to be so highly privileged as to be in order, even pending a motion for a call of the House.-Journal, 1, 31, p. 1590. PROTEST. Not a matter of It is not a matter of right and parliamentary privilege ritorpriilege. to have received and entered upon the Journal a protest of.members against the action of the House.-Cong. Globe, 1, 31, pp. 1579, 1588. PUBLIC BUILDINGS AND GROUNDS, COMMITTEE ON. When appoint- There shall be appointed at the commencement of ed, and number of. each Congress a Committee on Public Buildings and Grounds, to consist of eleven members.-Rule 74. Duties of. "It shall be the duty of the Committee on Public Buildings and Grounds to consider all subjects relating to the public edifices and grounds within the city of Washington and all the public buildings constructed by the United States which may be referred to them, and report their-opinion thereon, together with such propositions relating thereto as may seem to them expedient." —Rule 96. In regard to It shall also determine the necessity of furnishing or ftirnishiugrooms. refurnishing any of the rooms exceeding the cost of $100 per annum.-Journal, 3, 40, p. 518. To have charge The House restaurant shall be placed in charge of of House restaurant. said committee, with the same powers heretofore possessed by Committee on Revisal and Unfinished Business.-Journals, 2, 40, p. 111; 1, 41, p. 201. PUBLIC DOCUMENTS. What are. Public documents are defined by the act of March 3, 1847, to be "' such publications or books as have been or PUBLIC EXPENDITURES, COM1fMITTEE ON, ETC. 183 may be published, procured, or purchased by order of either house of Congress.-Stat. at Large, Vol. IX, p. 201.' The Clerk shall have preserved for each member of Each member to receive a bound the House an extra copy, in good binding, of all the copy of. documents printed by order of either house."-Rule 18. [In addition thereto, there is deposited as soon as Additionalcopy of for each memprinted, in the document-room, a copy of each document, ber. subject to the order of each member; and where extra Extra, copies of, how distributed. copies of a document are ordered, they are sent as soon as printed to the folding-room, from whence they are distributed pro rata among the members.] "' There shall be retained in the library of the Clerk's Two copies of all to be retained office, for the use of the members there, and not to be in House library. withdrawn therefrom, two. copies of all the books and printed documents deposited in the library."-Rule 17. (See also PRINTING, PUBLIC, and FRANKING PRIVILEGE.) PUBLIC EXPENDITURES, COMMITTEE ON. There shall be appointed at the commencement of each When appointed and number of. Congress a Committee on Public Expenditures, to consist of eleven members,-Rule 74. "It shall be the duty of the Committee on Public Its duties. Expenditures to examine into the state of the several public Departments, and particularly into laws making appropriations of money, and to report whether the moneys have been disbursed conformably with such laws; and also to report, from time to timne, such provisions and arrangements as may be necessary to add to the economy of the Departments and the accountability of their officers." —-Rule 85. PUBLIC LANDS, COMMITTEE ON. There shall be appointed at thie commencement of each When ppointed, Congress a Committee on the Public Lands, to consist of and number of. eleven members.-Rule 74. " It shall be the duty of the Committee on the Public Its duties. Lands to take into consideration all such petitions and matters or things respecting the lands of the United States as shall be presented, or shall or may come in 184 QUESTIONS-QUORUM. question, and be referred to them by the House, and to report their opinion thereon, together with such propositions for relief therein as to them shall seem expedient." -Rtle 80. Allowed a clerk. By a resolution of May 27, 1862, this committee is authorized to employ a clerk, who, in addition to his usual duties, shall have charge of the land mnaps. —Journal, 2, 37, p. 760. PUBLIC PRINTING. (See PRINTING, PUBLIC, and PRINTING, COMMIITTEE ON.) QUESTIONS. Speaker shall The Speaker shall rise to put a question, but may rise to put. state it sitting. —Rule 3. How put. Questions shall be distinctly put in this form, to wit: "'As many as are of opinion that (as the question may be) say'Aye;"' and, after the affirmative voice is expressed,;"As many ais are of the contrary opinion, say'No.'"-.Rtle 4. (See also TELLERS, and YEAS AND NAYS.) Decorum of' W44Thile the Speaker is putting any question, none shall members while putting. walk out of or across the House, nor entertain private discourse."'-Rnle 65. Division of. (See DIVISION OF QUESTIONS.) Precedence of, (See MOTIONS.) &C. Tie vote on. In case of an equal division on a question, the question shall be lost.-Rule 7.-(See also TIE VOTE.) QUORtU3I. "The House of Representatives shall be composed of members chosen every second year by the people of the Majority consti. several States" —Const., 1, 2, 5-and " a majority of each tutes, for business. house shall constitute a quorum to do business; but a Power of less smaller number may adjourn from day to day, and may than. be authorized to. compel the attendance of absent members, in suchl manner and under such penalties as each house may provide."-Const., 1, 5, 8. Majjority of In view of the foregoing clauses of the Constitution, it members chosen constitutes. WaS' decided, during the 37th Congress, to which several QUOrIUM. 185 of the States had failed to send Representatives, that a majority of the members chosen constituted a quorum to do business.-Journal, 1, 37, p. 117. When, from counting the House on a division, it Want of, on a division. appears that there is not a quorum, the matter continues exactly in the state in which it was before the division.Manual, p. 122. A quorum of the House for the purpose of choosing What constithe President shall consist of a member or members from the President.g two-thirds of the States. —Const., 2, 1, 16. Tellers may be ordered upon motion, seconded by at One-fifth o f, least one-fifth of a quorum of the members. —Rule 4. mordertellers The Speaker each day on the meeting of the House, Journal to hbe read on appear. "-and on the appearance of a quorum, shall cause the ance of. Journal of the preceding day to be read." —Rule 1. And it is a very common practice, when no quorum is present upon the Speaker taking the chair, for him to entertain a motion for a call of the House before causing the Journal to be read.-Journal, 1, 35, p. 840. Where less than a quorum is present, a motion to take Less than, ean only call Houso a recess is not in order; and no motion is in order except or adjourn. for a call or to adjourn. —Journals, 1, 29, p. 356; 2, 29, p. 343; 2, 32, p. 388. "Whenever the Committee of the Whole House on the W;ant of, in Committees o f state of the Union, or the Committee of the Whole Heose, the Whole. finds itself without, a quorum, the chairman shall cause the roll of the House to be called, and thereupon the committee shall rise, and the chairman shall report the names of the absentees to the House, which shall be entered on the Journal." —Rule 126. And as soon (after rising for such purpose) as a quorum is ascertained to be present, the House must return into Committee.Journal, 2, 27, p. 292. " Whenever during business it is observed that a quo- Where not presrum is not present, any member may call for the Housemay cal for to be counted, and, being found deficient, business isc~unt suspended.'l-Manual~, p. 67; also p, 83. (See also CALLS OF THE HOUShE.) 186 RAILWAYS AND CANALS, COMMITTEE ON, ETC. RAILWAYS AND CANALS, COMMITTEE ON When appointed, There shall be appointed at the commencement of each and umber of. Congress a Committee on Railways and Canals, to consist of eleven members.-Rule 74. Its duties. It shall be the duty of the Committee on Railways and Canals to take into consideration all such petitions and matters or things relating to roads and canals, and the improvement of the navigation of rivers, as shall be presented or may come in question and be referred to them by the House; and to report thereupon, together with such propositions relative thereto as to them shall seem expedient. —Rule 94. READING OF PAPERS. Right of mem- r" Where papers are laid before the House or referred er to icnsist oto to a committee, every member has a right to have them:here called to t vote on them. once read at the table before he can be compelled to vote on them" —Mianual, p. 97-and this applies to the reading of papers on a motion to refer them.-Journal, 1, 34, p. 1146. And so in regard to any proposition submitted But may be de- for a vote of the House; but it being a right derived prived of it by b suspension of the from the rules, he may at any time (when a motion to rules. suspend the rules is in order) be deprived of it by a suspension of the rule.-Journals, 1, 32, p, 1116; 3, 34, p. 618; 2, 35, p. 572; 2, 38, pp. 397, 398-even after the main question is ordered to be put. —Journal, 3, 34, p. 386. Where objected "' When the reading of a paper is called for, and the to. same is objected to by any member, it shall be determnined by a vote of the House." —Rule 141. Construction of [The rule above recited is not construed to apply to the 141st rule in regard to. the single reading of a paper or proposition upon which the House may be called upon to give a vote, or to the several regular readings of a bill, but to cases where a paper has been once read, or a bill has received its regular reading and another is called for, and also where a member desires the reading of a paper having relation In case of an to the subject before the House.] But it does not apply amendment o f which notice is to the case of an amendment which a member, by leave, given. has given notice of his intention at a future time to offer. -Journal, 1, 31, p. 1149. RECEDE, MOTION TO-RECEPTION-R-ECESS. 18" The reading of a report relating to a pending proposi- Where cannot tion cannot be called for after the previous question is called for. seconded, as it would be in the nature of debate. —Journal, 1, 23, p. 726. RECEDE, MOTION TO. The motion to recede takes precedence of the motions Precedence of. to insist and ask a conference, and to adhere. —Manual, pp. 114, 115. [And even though the previous question may be pending on either of the last motions, the motion to recede may be entertained, because if it prevails the disagreement between the houses is removed and the bill is passed.] A vote to recede from a disagreement to an amendment is not equivalent to an agreement. —Journal, 1, 207 pp. 695, 697. [But in making a motion that the House recede from its disagreement to an amendment, there should be coupled with it, "and that the House agree to the same."] (See also AMENDMENTS BETWEEN THE TWO HOUSES and CONFERENCE COMMITTEES.) RECEPTION. (See CONSIDERATION.) RECESS. Where it is convenient that the business of the House May be taken. be suspended for a short time, as for a conference presently to be held, &c., it adjourns during pleasure.- Manual, p. 135. [The practice of the House in regard to the Motion for, a privileged character of the motion for a recess has varied privileged one. in different Congresses, but, of late years, it has been held to be a privileged question —see Journals, 1, 36, pp. 753, 759; 2, 37, pp. 718, 719-and the latter practice is manifestly that contemplated in the Manual.] But it is not in order pending a motion to suspend the rules so as to take an immediate vote on a pending proposition.Journal, 2, 39, pp. 572, 573. It is not in order for less than a quorum to take a re- Less than a quorum cannot take. cess —Journals, 1, 29, p. 356; 27 32,. 388-nor, pend Not in ortder pending call of a call of the House, can a recess be taken unless by unan- eouse. imous consent.-lbid., 1, 67, p. S43. 188 RECOMMIT, MOTION TO-RECONSIDER, MOTION TO. For mlloe than Where it is proposed to take a recess, by adjournment, three days. for more than three days, the Senate must consent before it can be taken —Const., 1, 5, 9-and a resolution for that purpose is held to be privileged.-Journal, 2, 37, pp. 718 to 720. —(See ADJOURN, MoTION TO.) RECOMMIT, MOTION TO. In order at any "After commitment and a report thereof to the House time before passage of bill, but or at any time before its passage, a bill may be recomiot if main question is ordered. mitted." —Rdle 124. But not after the main question is ordered to be put.-Journalc 1, 29, p. 643. [Nor, according to the practice, even pending the demand for the In case of re- previous question.] "And should such recommitment commit en t after engross- take place after its engrossment, and an amendment be mneolnt. reported and agreed to by the lHouse, the question shall be again put on the engrossment of the bill."-Rule 124.-(See COMMIT, MOTION TO.) RECONSIDER, MOTION TO. Who may make. "When a motion has been once made and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsideration Whentobemade, thereof, on the same or succeeding day; and such motion Precedence of. shall take precedence of all other questions, except a Cannot be with- motion to adjourn; and shall not be withdrawn after the drawn after the time elapsed for said succeeding day without the consent of the House, Anyg' member and thereafter any member may call it up for consideramay call up. tion." —Rule 49. Who may make, A fair construction of this rule will permit a member in case of tie vote. who has voted with the prevailing side on a tie vote to move a reconsideration. Such is evidently the spirit of Who may ae, the rule-Journal, 1, 30, p. 1081. [So, also, it is the when less than a practice to permit any member to move a reconsideramajority prevails. tion who has voted with the prevailing side in a case where less than a majority prevails.]-C-ong. Globe, 1, 39, p. 3892. Any member Where a vote is not taken by yeas and nays, and conmaymake, where vote has not been sequently no record made of each member's vote, it is by yeasandnays. the well-settled practice to permit any member to move a reconsideration. RECONSIDER, NI[OTION TO. 189 It is in order at any time even when a member is on the May be entered, but not considerfloor, or the highest privileged question is pending, on edwhile another the same or succeeding day to move a reconsideration questionis u and have it entered, but it cannot be taken up and considered while another question is before the House.Journal, 1, 34, pp. 1476, 1477. A motion to reconsider, if made in time, may be enter- May be entertained, notwithstanding the papers'connected with the papers have gone out of the possesoriginal proposition have gone out of the possession ofsionoftheHouse the House.-Journals, 1, 26, p. 1033; 1, 28, pp. 1125, 1131; 1, 29, p. 657; 1,733, pp. 336, 1199. And pending a motion to reconsider the vote on the passage of a bill, the Speaker should decline to sign the said bill if reported by the Committee on Enrolled Bills. —Journal, 1., 26, p. 1033. [When the papers have been sent to the Senate, it is usual, in case of a motion to reconsider, to send a message to that body requesting their return.] [It is not in order on a private bill day to call up and On private bill days. consider a motion to reconsider a vote on a public bill, if objected to, except after a postponement by a majority vote of the private business.] [The effect of the pendency of a motion'to reconsider, according to the universal usage, is to suspend the original proposition;] but " where the term of the members expires without acting on the motion to reconsider for the want of time or inclination, the motion of course fails, and leaves the original proposition operative." — (Opinion of Mr. Speaker Orr, and also of Mr. Speaker Banks, in the case of a resolution directing the payment of money out of the contingent fiuned of the House, where Congress adjourned sine die-pending a motion to reconsider the vote by which it was adopted.) It is not in order to move a reconsideration of a vote Not in order, where action has sustaining a decision of the Chair, after subsequent ac- resulted which cannot be retion has resulted from such decision which it is impossi- versed. ble for the House to reverse.-Journal, 1, 31, pp. 860, 861. Nor upon a bill introduced and referred during Nor on bills introduced on ~on. the first hour after the reading of the Journal on Mon- days. days, nor upon bills introduced and referred by unanimous consent. -Rule 130. 190 RECONSIDER, MOTION TO. Previous ques- [Under the practice, if a motion to reconsider is pendtion is exhausted by vote on. ing when the previous question is ordered, such order applies to the motion to reconsider only.] Cannot be re- Where a motion to reconsider has been once put and peated. decided, it is not in order to repeat the motion.-Jour[Except where nal, 2, 27, p. 1022. But it is otherwise where an amendan amendment has been made. ment has been adopted since the first reconsideration.Journal, 1, 31, _pp. 1404, 1406, 1407. Order of yeas An order that a vote be taken by yeas and nays may and nays may be reconsidered be reconsidered, but the question immediately recurs, subject to be decided affirmatively by one-fifth of the members present.-Journals, 1, 19, p. 796; 1, 30, p. 405. So also negative A negative vote on a motion to lie on the table may be -vote on motion to. lie on the table. reconsidered.-Journal 2, 32, p. 234. Motion to lay on [It is a very common practice for the member having tablle. charge of a measure, as soon as a vote is taken upon it,' to move to reconsider the vote last taken, and also to move that the motion to reconsider be laid on the table;" and if the latter motion prevails, it is deemed a finality, so far as the vote proposed to be reconsidered is concerned. A vote to lay the motion to reconsider on the table does not carry with it the pending measure.] If motion to re- A motion to reconsider a vote laying a motion to reconconsider be laid. ontable,itcannot sider on the table is not in order; if entertained, it would be reconsidered. lead to inextricable confusion, by piling up motion upon motion to reconsider.-Journals, 3, 27, jp. 334; 1, 33,p. 357. An amendment [After a bill has been ordered to be engrossed, it is a f t e r engrossment. not in order to move a reconsideration of a vote on an amendment until the order of engrossment has been reconsidered; and if the motion to reconsider the engrossment is laid on the table, no reconsideration of the amendment can then be entertained.] Engrossment It is in order, even pending the demand of the preof prenvions quesnd ious question on the passage of a bill, to move a recontion on passage. sideration of the order of engrossment.-Journal, 2, 27, p. 1175. [But, of course, if moved at such a time, it is not debatable.] Decided affirm- According to the uniform practice, where a motion to atimeely, qestion reconsider has been passed in the affirmative the quesimmediately re-~ passe afimaie ques- RECONSIDERI MOTION TO. 191 tion izmmediately recurs upon the question reconsidered. curs on original -Journal, I, 31, p. 847. [And the House proceeds with questo the consideration of the subject without regard to the fact of its having been on the Speaker's table when the motion to reconsider was submitted.] Where a vote taken under the operation of the pre- When vote taken under prc. vious question is reconsidered, the question is then di- vious questio is vested of the previous question, and is open to debate reconsidered. and amendment. —Journals 1, 27, p. 129; 1, 33, p. 127. [These decisions apply only to cases where the previous question was fully exhausted by votes taken on all the questions covered by it before the motion to reconsider was made. In any other case, the pendency of the previous question would preclude debate.] The previous question may be reconsidered, but not Previous quesafter it is partly executed.-Journal, 1, 35, pp. 1101, 1398. conided, if not [And according to the usual practice, in the reconsider- partly eecuted. ation of the previous question but a single vote is taken, viz: Will the House reconsider the vote on ordering the Previous ques tion, how recon, main question? Which being decided affirmatively, the sidered. question is divested of the demand for the previous question.] A vote on the reconsideration of a vetoed bill cannot Not in order on vote refusing to be.reconsidered.-Journal, 1, 28, pp. 1093, 1097. Nor passavetoed bill. Nor on vote on can a vote on a motion to suspend the rules be recon- suspending the sidered.-Journal, 2, 31, p. 134. rules. A motion to reconsider is not debatable, if the ques- Where not debatable. tion proposed to be reconsidered was not debatable. — Journals, 2, 27, p. 331; 2, 30, pp. 135, 136. But the fact of a question having been decided under the operation of the previous question does not prevent debate on the motion to reconsider, if the original question was otherwise debatable.-Journal, 1, 33, p. 127. A motion to reconsider a vote on a resolution passed on resolution day, under the operation of the previous question, like the resolution, cannot be debated on that day, but must lie over. —Journal, 2, 307 pp. 135, 136. REFER, MOTION TO. (See COMMIT, MOTION TO.) 1992 REPORTERS. REPORTERS. Admitted to gal- Stenographers and reporters, other than the official lery with permissionof'Srpeaker. reporters of the House, wishing to take down the debates, may be admitted by the Speaker to the reporters' gallery over the Speaker's chair, but not on the floor of the House; but no person shall be allowed the privilege of said gallery, under the character of stenographer or reporter, without a written permission of the Speaker, specifying the part of said gallery assigned to him; nor shall said stenographer or reporter be admitted to said Must state for gallery unless he shall state, in writing, for what paper what paper. or papers he is employed to report; nor shall he be admitted, or if admitted be suffered to retain his seat, if Must not be he shall be or become an agent to prosecute any claim clim agents. pending before Congress; and the Speaker shall give his written permission with this condition. —Rule 135. Of Congres- By a resolution of the House (Journal, 1, 327 p. 70) sional Globe, occupy chairs in the Doorkeeper was directed to provide chairs for the front of Clerk's desk, and to be reporters of the Congressional Globe, to be placed in furnished w it h printed bills, &c. front, of the Cierk's desk. And by resolution of May 7, 1866, it is directed that the said reporters be furnished with three copies each of all bills and resolutions printed by order of the House.-Journal, 1, 29, p. 675. Appointment of By resolution of the House of January 5, 1865, the d uties nographi' Speaker is directed to appoint a stenographic reporter, to continue in office until otherwise ordered by the House, whose duty it shall be to report in short-hand, on the order of any of the standing or special committees of the House, suchl proceedings as they may deem necessary, and, when ordered to be printed, properly index and supervise the publication of the same.-Journal; 2, 38, pp. 79, 80. By resolution of the House of January 18, 1866, the foregoing resolution was modified so as to read,'" that the Speaker appoint a competent stenographic reporter, to continue in officetuntil otherwise ordered by the House, whose duty it shall be to report in short-hand, on the order of any of the standing or special committees of the House, such proceedings as they may deem necessary, andl, when ordered to be printed, properly index and REPORTERS. 193 supervise the publication of the same: and who shall receive therefor an annual compensation at the rate now allowed by regulation for reporting court-martial proceedings: Provided, That all such reporting ordered by committees of the House, and all such as he shall berequired to do for joint committees, shall be done by said reporter or person employed by hint without extra comlensation or additional expense; and the reports so taken shall be under the entire control of the committees, respectively, by which such testimony shall be taken, or of the House."-Journal, 1, 39, p. 162. By resolution of the House of July 25, 1866, the Appointment of assistant stenSpeaker was authorized to appoint a competent stenog- ographer. rapher as assistant official reporter to the committees of the House, to be paid the same compensation as the official reporter, and whose term of service shall expire March 4, 1867.-Journal, 1, 397 p. 1117. And by resolution of the House of March 6, 1867, it was provided that the assistant stenographer of the last House be conitinued as such until otherwise ordered. —Journal, 1, 40, p. 13. By resolution of the House of February 26, 1866, it ate press, daesk was provided that a desk on the floor of the House be asigned to. assigned to the reporter of the associated press.-Journala 1, 39, p. 330. By a resolution of the House of January 11, 1867, it Of associated press to be subwas provided that the reporters of the associated press, ject to samerules and reports made by them, should be under the same rules and regulations as the reporters and reports of theGlobe.-Journal, 2, 39, p. 154. No person shall be appointed a reporter of the House Must be approved by the without the approval of the Speaker.-Stat. at LargeSpeaker. Vol. XVII, p. 47. By resolution of the House of March 3, 1873, it is pro- Of Globe to furnish reports of vided that the reports of the House proceedings and de- proceedings, &c. bates shall be furnished to the Congressional Printer by the present corps of Globe reporters, wlho shall hereafter, until otherwise ordered, be officers of the House, under Of Globe to be direction of the Speaker, and shall receive the same com- officers of House. pensation now allowed to the official reporters of committees.-Journal, 3, 42, pp. 582, 583. (See also CONGRESSIONAL GLOBE.) B D- 13 194 REPORTS OF COMMITTEES, ETC. REPORTS OF COMMITTEES. (See also COMMITTEES.) Undetermined Such reports as originated in either house, and at the at end of session. close of the session remain undetermined in either house, shall, after six days from the commencement of a second or subsequent session of the same Congress, be resumed as if an adjournment had not taken place. And all business before committees of the House at the end of the one session shall be resumed at the commencement of the next session of the same Congress, as if no adjournment had taken place.-Rule 136. REPORTS OF COURT OF CLAIMS. (See CLAIMS, COURT OF.) REPORTS OF OFFICERS OF GOVERNMENT. List of, to be "It shall be the duty of the Clerk to make and cause made to Congress, to be pre- to be printed, and deliver to each member, at the compared. mencement of every session of Congress, a list of the reports which it is the duty of any officer or Department of the Government to make to Congress, referring to the act or resolution, and page of the volume of the laws or journal, in which it may be contained, and placing under the name of each officer the list of reports required of him to be made, and the time when the report may be expected." —Rule 13. RESIGNATION BY A MEMBER-. Righitof, recog- The right of a member to resign his seat had never nized by the House. been contested until the 2d session of the 41st Congress, and on that occasion the Speaker, in conformity with what seemed to be the settled authority of the House, decided that he had such right, when an appeal was taken from such decision, which on motion was laid on the table, thereby affirming the decision of the Chair.Gong. Globe, 2d sess. 41st Cong., Vol. 76, p. 1547. RESOLUTIONS. Distinction be- "( When the House commands, it is by an' order.' But tween "'orders" and. fact, principles, and their own opinions and purposes are expressed in the form of resolutions."-Manual, p. 86. [This distinction is not strictly kept up in the practice of the House.] RESOLUTIONS. 195 " Reports from the committees having been presented Daily call for. and disposed of, the Speaker shall call for resolutions from the members of each State and delegates from each Territory, beginning with Maine and the Territory last organized alternately. They shall not be debated on the baotto be devery day of their being presented, nor on any day assigned by the House for the receipt of resolutions, unless where the House shall direct otherwise; but shall lie on the table, to be taken up in the order in which they were presented; and if, on that day, the whole of the States and Territories shall not be called, the Speaker Call for, how shall begin on the next day where he left off the previ- ed. ous day: Provided, That no member shall offer more Only one to be offered by a mornthan one resolution, or one series of resolutions, all re- ber. lating to the same subject, until all the States and Territories shall have been called."-Rule 52. "All the States and Territories shall be called for Call for, on alternateMoudays, bills on leave and resolutions every Monday during each and no debate session of Congress; and, if necessary to secure the object on said days, all resolutions which shall give rise to debate shall lie over for discussion, under the Rules of the House already established; and the whole of said days shall be appropriated to bills on leave and resolutions, until all the States and Territories are called through. And the Speaker shall first call the States and Territories for bills on leave; and all bills so introduced during the first hour after the Journal is read shall be referred, without debate, to their appropriate committees: Provided, however, That a bill so introduced and referred shall not be brought back into the House upon a motion to reconsider."-Rule 130. (See MORNING HOUR ON MONDAYS.) It is a common practice, when a resolution is submit- Debate on, mn,y be avoided by deted, for the mover to immediately demand the previous mand of previous question, which, if ordered, will prevent debate and question. bring the House to a direct vote on the resolution, thus avoiding the necessity of its lying over, as would be the case if debate should arise.-Journals,. 1, 26, pp. 1064, 1067; 2, 27, -p. 429; 1, 28, p. 558; 1, 28,p. 1235; 1, 30, p. 326. The name of a member who offers a resolution to the Name oefmem 196 RESOLUTIONS OF LEGISLATURES, ETC.,eer who offers, consideration of the House shall be inserted on the entered on Journal. Journals. —Rule 32. Amendmentof. A resolution cannot be amended so as to convert it into a joint resolution. —Journal, 1, 32, p. 679. "N; o bill or resolution shall, at any time, be amended by annexing thereto, or incorporating therewith, any other bill or resolution pending before the House."Rule 48. [According to the practice, an amendment containing the substclnce of a pending bill or resolution is in order.] (See AMENDAIENTS.) Where concur- " E very order, resolution, or vote to which the conrence of Senate is necessary. currence of the Senate shall be necessary, shall be read to the House and laid on the table on a day preceding that in which the same shall be moved, unless the House shall otherwise expressly allow."-Rule 143. Calling for in. Such resolutions as call for information from the Presformation. ident or heads of Departments are required, by Rule 53, to lie on the table one day. —(See PRESIDENT AND EXECUTIVE DEPARTMENTS.) RESOLUTIONS OF STATE AND TERRITORIAL LEG1SLATURES. (See JOINT IRESOLUTIONS.) RESTAURANT. To be in charge By resolution of the House of April 8, 1869, it is proof Committee on Public Buildings vided that tfie House restaurant be placed in charge of and Grounds. the Committee on Public Buildings and Grounds, with the same powers heretofore possessed by the Committee on Revisal and Unfinished Business.-Journal, 1, 41, p. 201. The powers above referred to are to lease the same and under such rules and regulations as to the said committee may seem expedient.-Journal, 2, 30, p. 111. REVISION OF THE LAWS, COMMITTEE ON. When appoint- There shall be appointed at the commencement of each ed, and number of. Congress a Committee on the Revision of the Laws, to consist of eleven members.-Rule 74. REVOLUTIONARY CLAIMS, COMMITTEE ON. When appoint- There shall be appointed at the commencement of ed, and number of. each Congress- a Committee on Revolutionary Claims, to consist of eleven members.-Rule 74. xIts duties. "; It shall be the duty of the Committee on Revolution RIEVOLUTIONARY PENSIONS, COMMITTEE ON, ETC. 1.97 ary Claims to take into consideration all such petitions and matters or things touching claims and demands originating in the revolutionary war, or arising therefrom, as shall be presented, or shall or may come in question, and be referred to them by the House; and to report their opinion thereupon, together with such propositions for relief therein as to them shall seem expedient."-Rttle 84. REVOLUTIONARY PENSIONS* COMMITTEE ON. There shall be appointed at the commencement of When appointed, and number each Congress a Committee on Revolutionary Pensions, of. to consist of eleven members.-Rule 74.'; It shall be the duty of the Committee on Revolution- Its duties. ary Pensions to take into consideration all such matters respecting pensions for services in the revolutionary war, other than invalid pensions, as shall be referred to them by the House."-Rule 92. On the 26th March, 1867, upon the suggestion of the To takecharge of pensions to solSpeaker, it was ordered that all matters relating to pen- diers of 1812. sions to soldiers of the war of 1812 shall be referred to the Committee on Revolutionary Pensions, instead of the Committee on Invalid Pensions, as heretofore.-Journal, 1, 40, p. 11.7. ROADS AND CANALS, COMMITTEE ON. (The name of this committee changed to that of " RAILWAYS and CANALS," which see.) ROOMS IN THE CAPITOL. "The unappropriated rooms in that part of the Capi- Unappropriated, to be at dispotol assigned to the House shall be subject to the order sall of Speaker. and disposal of the Speaker until the further order of the House." —Rule 5. RULES. "' Each house may determine the rules of its proceed- Each house nay determine ings." —Const., 1, 5, 8. its. -"No standing rule or the order of the Hlouse shall be Not to be chan~ged without rescinded or changed without one day's notice being notice. given of the motion therefore, (see NOTICES;) nor shall any rule be suspended except by a vote of at least two- To suspend requires twothirds of the members present." —Rule 145. But a thirds, except to go into Union, or majority may at any time suspend the rules and orders close debate in Committee of the for the purpose of going into the Committee of the Whole. 198 RULES. Whole on the state of the Union, and for closing debate in Committees of the Whole-(see DEBATE.) —Rule 104. WVhenonlymo- Except during the last ten days of the session the tions to suspend can be made. Speaker shall not entertain a motion to suspend the rules of the House at any time, except on Monday of every week, at the expiration of one hour after the Journal is read, unless the call of States and Territories for bills on leave has been earlier concluded, when the Speaker may entertain a motion to suspend the rules.-Rule 145. Whenmotion to It is not in order to move a suspension of the rules sinspend not in order. while the House is acting under a suspension of the rules-Cong. Globe, 2, 27, _pp. 58, 142; 1, 31, p. 1225unless connected with the business immediately before the House —Journal, 2, 36, p. 212; nor while considering a special order, it having been made under a suspension of the rules —Cong. Globe, 2, 29, pp. 401, 439-[unless connected with the consideration of such special order;] nor while the previous question is operating.-Journal, 2, 337 p. 564. Pending motion Pending a motion to suspend the rules, so as to take to suspend, motion for a recess an immediate vote on a proposition, a motion for a recess n is not in order.-Journal, 2, 39, pp. 572, 573. [This decision of the Speaker was sustained on appeal by the very decisive vote, by yeas and nays, of yeas 173, nays 4; and would seem to have settled the question that pending a similar motion, dilatory motions, such as had been previously tolerated, would not be entertained hereafter.] Pending a mo- 4 Pending a motion to suspend the rules, the Speaker tion to suspend, only one motion may entertain one motion that the House do now to,djourn in order. adjourn; but after the result thereon is announced, he shall not entertain any other dilatory motion till the vote is taken on suspension." —Rule 161. Motion to sus- A motion to suspend the rules is not debatable-Cong. ped, not debata- Globe, 2, 27, p. 121; 1, 29, p. 343; nor is it amendable-. Notamendable. Cong. Globe, 2, 30, pp. 3197 320; Journal, 2, 35, P. 477; Cannot be laid nor can it be laid on the table-Cong. Globe, 1, 29, p. 343; on table or post-:otned indefinite- Journal 2, 35, p. 510; nor postponed indefinitely.-Cong. Globe, 1, 26, p. 121. SEATS OF MEMBERS. 199 The vote on a motion to suspend the rules cannot be Voteon suspen. sion cannot be re. reconsidered.-Journal, 2, 31, p. 134. considered. Where the rules are suspended to enable a member to Where suspended for a particusubmit a particular proposition, if he fails to submit it lr purpose. another member may do so.-Journal, 1, 23, p. 631. But where he submits it, and subsequently withdraws it, another member cannot renew it. —Journal, 2, 36, pp. 131 to 140. After the rules have been suspended to allow a propo- No modification sition to be submitted, it cannot be modified.-Cong. after suspension Globe, 1, 31, p. 1727. [But it may be amended by a vote of the House.] The rules may be suspended by a single vote for the Motion to suspend, may empurpose of enabling a number of bills to be reportedb.race several from a committee.-Journal, 3, 34, p. 432. bills. A joint rule, so far as the House is concerned, requires Joint rule suspended by a maa majority vote only for its suspension.-Journal, 2, 24, jority. p. 574. It is not in order, under color of amendment, to move Not in order to change or reto change or rescind a rule; and where such is the effect scind, under color of amendment. of a motion, one day's notice is necessary.-Journal, 1, of amendment. 20, p. 647. " These rules shall be the rules of the House of Repre- To continue unless otherwise orsentatives of the present and succeeding Congresses,dered. unless otherwise ordered." —Rule 147. SATURDAY. (See PRIVATE BILLS AND PRIVATE BUSINESS.) SEATS OF MEMBERS. Previous to the 2d session of the 35th Congress each What has been member was provided with a desk and seat within the customary in rehall, the location of which for the session has of late years been determined by lot. At that session, with a view to try the experiment of dispensing with desks, the following resolution was adopted, viz: "Resolved, That the Superintendent of the Capitol Desksto bre. Extension be directed, after the adjournment of the rearranged. present session of Congress, to remove the desks from the hall of the House, and to make such rearrangement 200 SECRET SESSION. of the seats of members as will bring them together into the smallest convenient space."-Journal, 2, 35, pp. 580, 583. At the next session, however, the following resolution was adopted, viz: Restoration of "Resolved, That the superintendent of the Capitol the desks and seats. Extension be directed to remove the present benches from the hall and replace the old chairs and desks, adopting substantially the original arrangements thereof, but having regard to any reduction of space occupied by them, without interfering with the convenience of the arrangement." —Journal, 1, 36, p. 351. The following is the usual form of resolution for the selection of seats, viz: Form of resolu- 4'Resolved, That the Clerk of the House (here indicate tion for the selection of. the time) place in a box the name of each member and delegate of the House of Representatives written on a separate slip of paper; that he then proceed, in the presence of the House, to draw from said box, one at a time, the said slips of paper; and, as each is drawn, he shall announce the name of the member or delegate upon it, who shall choose his seat for the present Congress: Provided, That before said drawing shall commence, the Speaker shall cause every seat to be vacated, and shall see that every seat continues vacant until it is selected under this order; and that every seat, after having been selected; shall be deemed vacant if left unoccupied before the calling of the roll is finished." No secondtdraw- Whenever the seats of members shall have been ing in order during a Congress. drawn, no proposition shall be in order for a second drawing during the same Congress. —Rule 163. SECRET SESSION. When confi4en-' Whenever confidential communications are received tial communication made by from the President of the United States, the House shall President. be cleared of all persons, except the members, clerks, Sergeant-at-arms, and Doorkeeper, and so continue during the reading of such communications, and (unless otherwise directed by the House) during all debates and proOr upon slig- ceedings to be had thereon. And when the Speaker, or gestion by Speaker or member. any other member, shall inform the House that he has SENATE-SERGEANT-AT-ARMS. 201 communications to make which he conceives ought,. to be kept secret, the House shall, in like manner, be House to be ~' cleared. cleared till the communication be made; the House shall their determine whether the matter communicated requires secrecy or not, and take order accordingly." — Rule 137. The Clerk, Sergeant-at-arms, Doorkeeper, and Post- Officers sworn master shall be sworn to keep the secrets of the House.- the House. Rule 10. Such parts of the Journal of a secret session as mayI, House neednot e publish Journal in the judgment of the House, require secrecy, need Jouof. not be published.-Const., 1, 5, 9. SENATE.:" Every order, resolution, or vote, to which the con- Orders, &c.,requiring concurcurrence of the Senate shall be necessary, shall be read rence of, to lie on to the House and laid on the table on the day preceding table one day. that in which the same shall be moved, unless the House shall otherwise expressly allow."-Rudle 143. [This rule was originally adopted in 1789, but for a great many years it has been usual, in the absence of any objection, to assume that the House has allowed the immediate consideration of all such propositions.] Members of the Senate and their Secretary may be Membersof, and their Secretary, admitted on the floor of the House.- Rule 134. maybe admitted within the hall. (See MESSAGES FROM THE SENATE.) SERGEANT-AT-ARMS. There shall be elected at the commencement of each When to 1) e elected, and term Congress, to continue in office until his successor is ap- of office. pointed, a Sergeant-at-arms, who shall take an oath " for Oath of office. the true and faithful discharge of the duties of his office to the best of his knowledge and abilities, and to keep the secrets of the House;" and the vote shall be taken Vote for, to be taken viva voce. viva voce.-Rule 10. He is also required, by the act of July 2, 1862, to take Additional oath. an additional oath. —(See OATH.) " It shall be the duty of the Sergeant-at-arms to at- His duties. tend the House during its sittings; to aid in the enforcement of order, urnder the direction of the Speaker; to 202 SERGEANT-AT-ARMS. execute the commands of the House fromn time to time; together with all such process, issued by authority thereof, as shall be directed to him by the Speaker." — Rule 22. Additionalduty. 4; It shall be the duty of the Sergeant-at-arms to keep the accounts for pay and mileage of members, to prepare checks, and, if required to do so, to draw the money on such checks for the members, (the same being previously signed by the Speaker, and indorsed by the member,) and pay over the same to the member entitled thereto."-Rule 25. Shall dedut By resolution of May 4, 1842, it is made the duty of excess of stationeryiromcompen-the Sergeant-at-arms to deduct the amount of excess sation of members. of stationery received by members beyond their allowance from their pay and mileage.-Journals, 2, 27, p. 495, and 1, 31, p. 1510.-(See COMPENSATION AND MILEAGE.) Shall give bond. " The Sergeant-at-arms shall give bond, with surety, to the United States, in a sum not less than five nor more than ten thousand dollars, at the discretion of the Speaker, and with such surety as the Speaker may approve, faithfully to account for the money coming into his hands for the pay of members."-Rule 26. Symbolof office. 4 The symbol of his office (the mace) shall be borne by the Sergeant-at-arms when in the execution of his office."-Rule 23. Fees of. " The fees of the Sergeant-at-arms shall be, for every arrest, the sum of two dollars; for each day's custody and releasemeut, one dollar; and for traveling expenses for himself or a special messenger, going and returning, one-tenth of a dollar per mile."-Rule 24. And it is provided by act of February 5, 1859,' that hereafter the mileage or traveling allowance to the officer or other person executing precepts or other summons of either house of Congress, shall not exceed ten cents for each mile necessarily and actually traveled by such officer or other person in the execution of any such precept or summons." —Stat. at Large, Vol. X1, p. 379. Shallreceiveno But by the act of July 14, 1870-Stat. at Large, Vol. fees whatever. SERGEANT-AT-ARMS. 203 X VI, p. 231 —it is provided that (in addition to his regular salary) he shall receive, directly or indirectly, no fees, other compensation, or ernolument whatever for performing the duties of his office, or in connection therewith. By-the act of Febuary 21, 1867-Stat. at Large, Vol. To discharge certain duties of XI V, p. 397 —it is provided that in case of a vacancy the Clerk. in the office of Clerk, or in the absence or inability of said Clerk to discharge the duties imposed upon him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, the said duties shall devolve on the Sergeant-at-arms of the next preceding House of Representatives. By the act of March 2, 1867 —Stat. at Large, Vol. XIVw o f the two' houses to appoint p. 466-it is provided that the Sergeants-at-arms of the Capital police. two houses shall hereafter appoint the Capitol police. By the act of March 3, 1873, it is provided that such appointments shall be made by the Sergeants-at-arnms of the two houses and the Architect of the Capitol Extension.-Stat. at Large, Vol. XVII, p. 488. By the act of March 30, 1867-Stat.at Lctare, Vol. XV, Also appoint watchmen, and pp. 11, 12-it is provided that the said Sergeants-at-arms make rules, &c., concerning the shall appoint certain watchmen at the Capitol, and make Capitol. such rules and regulations as they may deem necessary to preserve the peace and secure the Capitol from defacement, and for the protection of the public property therein; and shall have power to arrest and detain any person violating said rules until such person can be brought before the proper authorities for trial, without further order of Congress. By Joint Rule 19 it is made the duty of said Sergeants- Also to enforce' —J' V1~~~ — ~I —-- ---- -~ — ~ --— ~joint rule in reat-arms, under the supervision of the presiding officers gadoto liquor. of the two houses respectively, to enforce the provisions of said rule, that " no spirituous or malt liquors, or wines, shall be offered for sale, exhibited, or kept within the Capitol, or in any room or building connected therewith, or on the public grounds adjacent thereto."' By the act of July 15, 1870, it is made his duty to Shall make full make out a full and complete account of all the property ment pofoperty in his possession. 204 SMITHSONIAN INSTITUTE -SMOKING-SPEAKER. belonging to the Government in his possession of the first day of each regular session, and at the expiration of his term of service.-Stat. at Large, Vol. XVTI,p. 365. SMITHSONIAN INSTITUTION. By the act of August 10, 1846, three of the Regents Regents of, to be appointed by of said Institution shall be members of the House of theSpeaker. Representatives, to be appointed by the Speaker on the fourth WVednesday in December next after the first meeting of every Congress, to serve until the fourth Wednes(lay in December, the second succeeding their appointment, and vacancies shall be filled as vacancies in committees are filled.-Stat. at Large, Vol. IX, p. 102. The Board of Regents shall submit to Congress, at Report to be made to Congress each session thereof, a report of the operations, expendi- annually. tures, and condition of the Institution. —Ibid. SMOKING. Smoking is prohibited within the bar of the House or Prohibited in gallery.-Rule 65. bar or gallery. SPEAKER. "The House of Representatives shall choose their House shall Speaker and other officers." —Const., 1, 2, 6. choose. Upon the ascertainment of the fact that a quorum of members elect is present, and its announcement by the Clerk of the last House, it is usual for the House, on motion of some member, immediately to "proceed, viva voce, to the election of a Speaker for the - Congress." —ournal, 1, 35, p. 8. (See MEETING OF CONGRESS.) By the act of June 1, 1789, it is provided that the Oath. oath or affirmation required by the 6th article of the Constitution of the United States shall be administered in the form following, to wit: " I,, do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States." And that Bv whom oath to lbe administerit shall be administered to him by " any one member of ed. the House of Representatives." Stat. at Large, Vol. I, p. 23. [According to the usage, the member selected for this purpose is that one who has been longest a member of the House.] -Journal, 1, 26, p. 79. By the same act he is required to administer the fore- Oath to be ad SPEAKER, HIS DUTIES, ETC. 205 ministered by, to going oath or affirmation " to all the members present, members and Clerk, and whend and to the Clerk, previous to entering on any other business; and to the members who shall afterward appear, previous to taking their seats." —Ibid. Additionaloath. By the act of July 2, 1862, he is required to take an additional oath.-(See OATH.) When, shall act By the act of March 1, 1792, it is provided, "that in as President of thel nitedStates case of removal, death, resignation, or inability, both of the President and Vice-President of the United States, the President of the Senate pro temnpore, and in case there shall be no President of the Senate, then the Speaker of the House of Representatives for the time being, shall act as President of the United States until the disability be removed or a President shall be elected."-Stat. at Large, Vol. I, p. 240. His compensa- By the act of March 3, 1873, it is provided that the tion. pay, of the Speaker shall be ten thousand dollars per annnm. —Stat. at Large, Vol. XLVII, p. 486. (See COMPENSATION.) SPEAKZER, IIIS DUTIES7 ETC. When to call " He shall take the chair every day precisely at the House to order. hour to which the House shall have adjourned on the preceding day; shall immediately call the members to order; and, on the appearance of a quorum, shall cause the Journal of the preceding day to be read." —Rule 1. Shall preserve "1 He shall preserve order and decorum; may speak order. Has preference to points of order in preference to other members, rising in speaking to points of order. from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House by any two members; on which appeal no member shall speak more than once, unless by leave of the HIouse." —Rule 2. ray speak only "Though the Speaker may of right speak to matters to matters of oraer. of order, and be first heard, he is restrained from speaking on any other subject except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact."-Mannual, p. 78; Journal, 1, 28, p. 1011. He may submit The Speaker may, in order to settle the future practice question as to what shall be of the House under a certain state of circumstances, subthe practice for its decision.of Globe. 226. House. mit a question for its decision.-Cong. Globe, 1, 26, p. 226. 20G SPEAKER, HIS DUTIES, ETC. Shall rise to put "He shall rise to put a question, but may state it sit. a question. ting.-Rule 3. Form in which "c Questions shall be distinctly put in this form, to wit: he shall put question.'As many as are of opinion that, (as the question may be,) say Aye;' and after the affirmative voice is expressed,'As many as are of the contrary opinion, say When he may No.' If the Speaker doubt, or a division be called for, divide house. the House shall divide; those in the affirmative of the question shall first rise from their seats, and afterwards When he may those in the negative. If the Speaker still doubt, or a have tellers. count be required, the Speaker shall name two members, one from each side, to tell the members in the affirmative and negative; which being reported, he shall rise and state the decision to the House. No division and count of the House by tellers shall be in order but upon motion seconded by at least one-fiftl; of a quorum of the members.'"-Rule 4. While he is "While the Speaker is putting any question, or adputting question or,dc ressing dressing the House, none shall walk out of or across the House. House; nor in such case, or when a member is speaking, shall entertain private discourse. —RRule 65. shall d e i d e "If any difficulty arises in point of order during the point of order during a division division, the Speaker is to decide peremptorily, subject peremptorily, to the future censure of the House if irregular.Y —Manual, p. 122. Breach of order "It is a breach of order for the Speaker to refuse to by, not to put question which is put a question which is in order."-Manual, _p. 62. in order. "o In all cases of ballot by the House, the Speaker vote. shall vote; in other cases he shall not be required to vote unless the House be equally divided, or unless his vote, if given to the minority, will make the division equal; and, in case of such equal division, the question shall be lost."-Rule 7. Has a ri ght to [The right of the Speaker, as a member of the House, vote on all questions. to vote on all questions, is secured by the Constitution of the United States, and was claimed and exercised by Speaker Macon, notwithstanding a then existing pro hibitory rule.] Shall name mem- "When two or more members happen to rise at once, ber entitled to floor.e tothe Speaker shall name the member who is first to speak." —Rule 59. SPEAKER-HIS DUTIES, ETC. 207' If any member, in speaking or otherwise, transgress Shall call to order member the rules of the House, the Speaker shall, or any meem-transgressing ber may, call to order." —Rule 61. (See ORDER.) rin spea "When a motion is made and seconded, it shall be When motion'.hall be stated stated by the Speaker; or, being in writing, it shall be by him. handed to the Chair, and read aloud by the Clerk, before debated."-Rule 38. "Every motion shall be reduced to writing if the Msay require motion to be il Speaker or any member desire it." —Rule 39. writing. " When any motion or proposition is made, the ques- May put question of consideration,'Will the House now consider it? I shall not be put tion, ifhe deem it unless it is demanded by some member or is deemed necessary. necessary by the Speaker." —Rule 41. " The Speaker shall examine and correct the Journal Shall examine Journal. before it is read. He shall have a general direction of ofave direction the hall. He shall have a right to name any member to Name chairman for the day. perform the duties of the Chair, but such substitution shall not extend beyond an adjournment." —Rule 5. "Where the Speaker has been ill, other Speakers pro Whereill, Speakerpro tenpore aptempore have been appointed." —]~anual, p. 68; Journals pointed. 1, 5, pp. 266, 316; 1, 30, p. 923. "A Speaker may be removed at the will of the onLse, edraybe removand a Speaker pro tempore appointed." —Manual, p. 69. pro tempore appointed. "In forming a Committee of the Whole House, the shall appoint chairman of CornSpeaker shall leave his chair, and a chairman, to preside mittee of the in committee, shall be appointed by the Speaker." — Rule 105. "'All committees shall be appointed by the Speaker, le shall appoint committees, ulunless otherwise specially directed by the House.-less House direct A~~~~~~~~~, ~otherwise. Rule 67. [It is usual, however, for him to await the passage of an order,'that the Speaker be authorized to appoint the regular standing committees,' before announcing them. —Journal, 1, 35, p. 55. But this would seem to be unnecessary in view of the foregoing rule.](See COMMITTEES.) By the act of August 10, 1846, he is required to He shall appoint three Regents of appoint from the members of the House on the fourth the Smithsonian Institution. Wednesday in December of the first regular session of every Congress, three Regents of the Smithsonian Institution. — Stat. at Large, Vol. IX, p. 102. 2008 SPEAKER — HIS DUTIES, ETC. Tleshall appoint By the act of February 21, 1870 —Laws, 2d sess. 41st three visitors to wvest Point. Gong., p. 67-he is required to appoint at the next session preceding the annual examination of cadets, three members to attend the same. lIe mnay order "In case of any disturbance or disorderly conduct in tho galleries or lo ibyy to b e the galleries or lobby, the Speaker (or chairman of the Committee of the Whole House) shall have power to order the same to be cleared."- Rule 9. Shall have con- "Memlbers having petitions and memorials to present trol and direction of petitions pre- may hand them to the Clerk, indorsing the samie with their names, and the reference or disposition to be made thereof; and such petitions and memorials shall be entered on the Journal, subject to the control and direction of the Speaker; and if any petition or memorial be so handed in which, in the judgment of the Speaker, is excluded by the rules, the samne shall be returned to the member from. whom it was received."Rulce 131. Estimates to be Estimates of appropriations, and all other com muniaddressed to. cations from the executive Departments, intended for the consideration of any of the committees of the House, shall be addressed to the Speaker, and by him submitted to the House for reference.. —Rule 159. May admit re- "' Stenographers and reporters, other than the official porters to gallery over his chair. reporters of the House, wishing to take down the debates, may be admitted by the Speaker to the reporters' gallery over the Speaker's chair, but not on the floor of the House; but no person shall be allowed the privilege of said gallery -under the character of stenographer or reporter without a written permission of the Speaker, specifying the part of said gallery assigned to him; nor shball said stenographer or reporter be admitted to said gallery unless he shall state in writing for what paper or papers he is employed to report; nor shall he be so admitted, or, if admitted, be suffered to retain his seat, if he shall be or become an agent to prosecute any claill pending before Congress; and the Speaker shall give his written permission with this condition."-'Rule 135. Shall sign acts, "All acts, addresses, and joint resolutions shall be WIrits, &c., signed by the Speaker; and all writs, warrants, and subpoenas, issued by order of the House, shall be under his hand and seal, attested by the Clerk." —Itle 8. SPEAKER-HIS 1)UTIES, ETC. 209 He shall sign the checks of members for compensa- Shall sign checks tion, the same having been previously prepared by the of members. Sergeant-at-arLms. —Rule 25. The compensation which shall be due the members of Amountofcom. each house shall be certified to by the presiding officers members to be thereof, respectively; and the same shall be passed as certified by. public accounts and paid out of the public Treasury.Stat. at Large, Vol. III, p. 404. And all certificates Certificates of, to be conclusive. which may have been or may be granted by the presiding officers of the Senate and House of Representatives, respectively, of the amount due to the members of their several houses, are and ought to be deemed, held, and taken, and are hereby declared to be, conclusive upon all the Departments and officers of the Government of the United States. —Stat. at Large, Vol. IX, p. 523. By Rule 26 it is provided that the bond of the Shallfixamount and approve sureSergeant at-arms shall be in a sum not less than five ty of Sergent-tnor more than ten thousand dollars, at the discretion arms' bond. of the Speaker, and with surety to be approved by the Speaker. "No person shall be permitted to perform divine Divine service service in the chamber occupied by the House of Repre- with his consent. sentatives, unless with the consent of the Speaker." — Rule 6. " The unappropriated rooms in that part of the Capitol Shall have disposal of rooms in: assigned to the House shall be subject to the order and Capitol.'disposal of the Speaker until further orders of the House."-Rule 5. By the act of May 2, 1828, the Speaker is authorized, With the Presjointly with the President of the Senate, to prescribemeay prescribe rules in regard to rules and regulations A for the care, preservation, orderly Capitol not occukeeping, and police of all such portions of the Capitol, house exclusivte its appurtenances, and the inclosures about it, and the ly public buildings and property in its immediate vicinity, as are not in the exclusive use and occupation of either house of Congress," which rules, &c., shall be obeyed by the Commissioner of Public Buildings.-Stat. at; Large, Vol. IV, p. 266. B D- 14 t10 SPEAKER PRO TEMPORE. Shall prescribe It shall also be the duty of said Commissioner "to rules in regard to part of Capitol in obey such rules and regulations as may be, from time useofHouse. to time, prescribed by the presiding officer of either house of Congress, for the care, preservation, orderly keeping, and police of those portions of the Capitol and its appurtenances which are in the exclusive use and occupation of either house of Congress, respectively."Stat. at Large, Vol. IV, p. 266. With the, Pres- The " necessary assistants" of said Commissioner ident of Senate, shall fix pay of 44 shall receive a reasonable compensation for their services, to be allowed by the presiding officers of the two houses of Congress;" one moiety of said sums to be paid out of the contingent fund of the House. —Ibid. Duty of, on re- By the act of January 24, 1857, it is provided that f~ilstoatwestif here a witness, summoned by the authority of the House to testify before the House or any of its committees, " shall willfully make default, or who, appearing, shall refuse to answer any question pertinent to the matter of inquiry in consideration, and the facts shall be reported to the House, it shall be the duty of the Speaker of the House to certify the- facts under the seal of the House to the District Attorney for the District of Columbia." —Stat. at Large, Vol. XI, p. 156. (See WITNESS.) Pending the elec- Pending the election of a Speaker, the Clerk shall tionha oll e e r kpreserve order and decorum, and shall decide all questions of order that may arise, subject to appeal to the House.-Rule 146. SPEAKER PRO TEMPORE. Speaker m ay " The Speaker shall have a right to name any member name, fortheday. tO perform the duties of the Chair, but such substitution shall not extend beyond an adjournment." —Rule 5. Appointed,here " Where the Speaker has been ill, other Speakers pro Seved is ill or tempore have been appointed." —Manual, p. 64; Journals, 1, 5, pp. 266, 316; 1, 30, p. 923. Or where he is removed by the House.-Manual, _p. 69. SPEAKER'S TABLE. (See BUSINESS ON SPEAKER'S TABLE.) SPECIAL, ORDERS. 211 SPECIAL ORDERS. Special orders are made under a suspension of the Made under a rules. —Journal, 1, 31, p. 1176. [And, of course, (unless rulPensionof the unanimous consent is given for the purpose-Journal, 1, 30, p. 580)-can only be made except in the case of appropriation bills when a motion to suspend the rules is in order.] The House may, at any time, by a vote of a majority A majority may make general apof the members present, make any of the general appro- propriation bills. priations bills a special order-Rule 119; but in all other t requires twocases it requires a two-thirds vote to make a special thirdsto make, in order, it being a change of the established order of busi- other cases. ness.-Journals, 1, 23,p. 785; 3, 277,p. 355; 1, 31 p. 1096. Form of resoluThe usual' form of resolution for making a special tionform making. order is, " that the (here describe the bill or whatever else it may be) be made the special order for the -- day of —, and from day to day until the same is disposed of." —Journal, 1, 31, p. 1176. [In which case, after the arrival of the time fixed, or the disposal of a special order previously made, it takes precedence of all other business until it is disposed of.] Sometimes the words " Fridays and Saturdays excepted" Other forms. are inserted., —Journal, 1, 30, p. 692. [In which case the consideration of private bills may be proceeded with on those days, but it is otherwise where these words are omitted.-Journal, 1, 32, pp. 401, 433.] And sometimes the words " and from day to day uentil disposed of" are omitted.-Journal, 1, 31, p. 522. [In which case it is a special order for the day named only,] and if the matter made a special order is not taken up, or, if taken up, is left undisposed of on the day fixed, thereafter it loses its specialty.-Journal, 1, 31, pp. 631, 897. A special order may be postponed by a majority May be post. vote. —Journal, 1, 29, p. 1170; Gong. Globe, 1, 31, p. pone. 1318. [And according to the usage, whenever the time arrives for the consideration of a special order in Committee of the Whole, the same may be postponed by a vote in the House.] Where two special orders are made for the same time, Where two, on the one first made takes precedence. —Cong. Globe, 1, 26, same day. p. 325. [The other according to the practice, if made for 212 STATIONERY. that day, and "from day to day," will come up as soon as the one first made is disposed of.] Motion to sus- Pending a special order, it is not in order to move a pend rules not in orderpending. suspension of the rules, the special order having been made under a suspension of the rule —Cong. Globe, 2, 29, p. 439-unless said motion be with reference to the pending special order. Debate on, to In Committee of the Whole on the state of the Union be confined to measure. all debate on special orders shall be confined strictly to the measure under consideration. —Rule 114. STATE LEGISLATURES, RESOLUTIONS OF. (See JOINT RESOLUTIONS.) STATIONERY. Tobe procured By the act of August 26, 1842, it is provided that all by contract. stationery, of every name and nature, for the use of the House of Representatives, shall be furnished by contract Clerk to adver- by the lowest bidder. The Clerk of the House of Reprise for -oroposals. resentatives shall advertise, once a week for at least four weeks, in one or more of the principal papers published in the city of Washington, for sealed proposals for furnishing such articles, or the whole of any particular class of articles, specifying in such advertisement the amount, quantity, and description of each kind of articles to be furnished; and all such proposals shall be kept sealed until the day specified in such advertisement When proposals for opening the same, when they shall be opened by or to be opened. under the direction of the Clerk, in the presence of at To whom con- least two persons; and the person offering to furnish any tract to be award-. ed. class of such articles, and giving satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract price in case of failure, shall receive a contract thereof; and in case the lowest bidder shall fail to enter into such contract, and give such security within a reasonable time, to be fixed in such advertise. ment, then the contract shall be given to the next lowest bidder, who shall enter into such contract and give such Liability of con-. security. And in case of a failure to supply the articles tnracppl.f ilig toby the person entering into such contract, he and his STATIONERY. 213 sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for ill the name of the United States in any court having jurisdiction thereof.-Stat. at Large, Vol. V, pp. 526, 527. By a resolution of the House of the 24th of July, 1868, Clerk to pur(Journal, 2, 40, p. 1173,) it is provided that the Clerk be authorized as the agent of the Houise to purchase, in the manlier provided by law, on the best terms he may find practicable, such stationery as may be requisite for the use of the House and Clerk's office, giving preference in all cases to American manufacture, Preference to be given to Ameriprovided it be equally cheap and of as good quality; calManufacture. that he cause to be recorded in a well-bound book, suited Records of bills and invoices of, to that purpose, the bills and invoices of all the station- to be kept. ery he may so purchase from time to time; that he deliver to the members of Congress and officers hereinafter named the amounts of stationery hereinafter specified, keeping an accurate account of the same, and also of the quantity and value of that used in the Clerk's office, and that hereafter, in the annual reports now required by Report of, to be law to be made by the Clerk, showing the amount of made annually. expenditure from the contingent fund of the House, he be required to state, accurately and distinctly, the quantity and cost of all the stationery delivered pursuant to the provisions hereof, and that used in the Clerk's office; also the amount remaining on hand at the time of making Such statement, and the amount of unexpended appropriation for stationery: Provided, That the amount furnished to members of Congress may be embraced in a single item. And he is required to deliver to every member of the Clerk todeliver to members. House the usual articles of stationery now furnished to members, to an amount not exceeding in value that authorized by law, at the cost price, in the stationery room, or, at the option of the members, to pay them the proper commutation in money; that he keep a true and accurate account of all stationery which he may so deliver to the several members of the House; and if in any case a member shall receive a greater amount of sta- In case member rooeives more tionery during any session than is above provided, the than hisallow 214 STRIKE OUT, MOTION TO. Clerk shall, before the close of such session, furnish to the Sergeant-at-arms an account of such excess beyond the amounts above specifiedl, who is hereby required to deduct the amount of such excess from the pay and mileage of such members, and refund the same into the TreasLimitation of, ury: Provided, That this limitation is not intended to not to apply to folding-paper. be made applicable to the use of wrapping-paper and envelopes which may be required in the folding-room. Clerk alsoto.de- And he is also authorized and required to deliver to liver to chairmen o committees every chairman of the committees of the House for the and officers of the ouse.rfthe use of such committees, and to the Postmaster, Sergeantat-arms, and Doorkeeper, for the use of their respective offices, at every session of Congress, similar articles of stationery, not exceeding in value an amount which from time to time shall be fixed upon by the Committee on Accounts, and approved by the Speaker. Increased com- By the act of March 3, 1873, it is provided that the pensation to be in lieu of allowance increased compensation thereby allowed to Senators, ~ Representatives, and Delegates, shall be in lieu of all pay and allowance, except actual traveling expenses to and from their homes.-Stat. at Large, Vol. XVII, p. 486. STENOGRAPHERS. (See REPORTERS.) STRIKE OUT, MOTION TO. and insert in- "A motion to strike out and insert shall be deemed divisible. Effect of nega- indivisible; but a motion to strike out being lost, shall tive vote on. preclude neither amendment nor a motion to strike out and insert."-Rule 46. Mayperfectbe- 44 If it is proposed to amend by striking out a parafore question is put on. graph, the friends of the paragraph are first to make it as perfect as they can by amendments before the question is put for striking it out."-Manual, p. 109. And insert A Where it is voted affirmatively to strike out certain cprevailing, uckwords and insert A, it is not afterwards in order to out and B inserted. strike out A and insert B.-Ibid., p. 110. But a portion "After Ais inserted, however, it may be moved to of original paragraph compre- strike out a portion of the original paragraph, compreenin. m hending A, providing the coherence to be struck out be STRIKE OUT ENACTING CLAUSE-SUBP(ENAS, ETC. 215 so substantial as to make this effectively a different proposition." —ibid. (See AMENDMENT.) STRIKE OUT ENACTING CLAUSE. (See ENACTING CLAUSE, MOTION TO STRIKE OUT.) SUBPCENAS. All subpoenas issued by order of the House shall be To be under hand and seal of under the band and seal of the Speaker, attested by the the Speaker, and Clerk. -Rurle 8. attestedbyClerk. SUNDAY. It is for the House, and not the Speaker, to determine For ouse to dewhether the House shall continue in session after twelve session shall con. o'clock on Saturday night. —Journal, 1, 24, pp. 577, 582. on Sunday SUSPENSION OF THE RULES. (See RULES.) TAXES.'"No motion or proposition for a tax or charge upon Motionfortobe the people shall be discussed the day on which it is made Committee of the Whole. or offered, and every such proposition shall receive its first discussion in a Committee of the Whole House." — Rule 110. "No sum or quantum of tax or duty voted by a Cornm- so also ith motion for increase mittee of the Whole House shall be increased in the of, or time of continuance. House until the motion or proposition for such increase shall be first discussed and voted in a Committee of the Whole House; and so in respect to the time of its coiitinuance." R —ule 111. It has been decided that the foregoing rules (110, 111) do not cover the case of a bill imposing a special duty upon national banks, to meet certain expenses to be incurred by the General Government in relation thereto.-Journal, 1, 38, p. 527; Cong. Globe, vol. 51, p 1680. TELLERS. On putting a question, "if the Speaker doubt, or a Speaker, in case siof dis cbted for, the ouse sbtll ivie; on a dx a1ivision is called for, the House shall divide; those in vision, or on do. 216 TERRITORIES, COMMITTEE ON THEE ETC. mand of one-fifth the affirmative of the question shall rise first from their of a quorum, may name. seats, and afterwards those in the negative. If the Speaker still doubt, or a count be required by at least onefifth of a quorum of the members, the Speaker shall name two members, one from each side, to tell the members in the affirmative and negative; which being reported, he shall rise and state the decision of the House.P7-1aRule 4. where no quo- [According to the usage, whenever no quorum votes rum votes on a division. on a division, the Speaker directs the vote to be taken by tellers.] In the election [In the election of a Speaker, it is the invariable pracof officers. tice of the Clerk to name four members to act as tellers of the vote; and in the election of the other officers, the same number of tellers are named by the Speaker. Such tellers are usually selected from the different political parties of which the House is composed.] TERRITORIES, COMMITTEE ON THE. When appointed, There shall be appointed, at the commencement of adnumer of. each session, a Committee on the Territories, to consist of eleven members.-Rule 76. One delegate to The Speaker shall appoint from among the Delegates be added to. from the Territories an additional member of the said committee, but he shall have the same privileges only as in the House.-Rule 162. Its duties. "4 It shall be the duty of the Committee on the Territories to examine into the legislative, civil, and criminal proceedings of the Territories, and to devise and report to the House such means as, in their opinion, may be necessary to secure the rights and privileges of residents and non-residents." —Rule 91. THANKS TO THE SPEAKER. Resolution of, in A resolution of thanks to the Speaker is, under the order at any time. practice, a privileged question, and is in order at any time.-Journals, 2, 20, p. 385; 1, 23, p. 879. TIE VOTE. In case of, " In all cases of ballot by the House, the Speaker shall Speaker shall vote; also when vote; in other cases he shall not be required to vote, unless his vote will make. the House be equally divided, or unless his vote, if given to the minority, will Irmake the division equal; and in case of Effect of. such equal division the question shall be lost." —Rule 12. UNFINISHED BUSINESS-VETO. 217 A member who has voted with the prevailing side (the Who may move to reconsider, in negative side, according to the foregoing rule) on a tie case of. vote, is entitled to move a re.consideration.-Journal, 1, 30, p. 1080. (See RECONSImERATION.) UNFINISHED BUSINESS. " The consideration of the unfinished business in which When to be rethe House may be engaged at an adjournment shall be sumed resumed as soon as the Journal of the next day is read, and at the same time each day thereafter until disposed of; and if, from any cause, other business shall intervene, it shall be resumed as soon as such other business is disposed of. And the consideration of all other unfinished business shall be resumed whenever the class of business to which it belongs shall be in order under the Rules." — Rule 56. "After six days from the commencement of a second Ofthe preceding session, when to or subsequent session of any Congress, all bills, resolu- be resumed. tions, and reports which originated in the House, and at the close of the next preceding session remained unde. termined, shall be resumed and acted on in the same manner as if an adjournment had not taken place. And all business before committees of the House at the end of one session shall be resumed at the commencement of the next session of the same Congress as if no adjournment had taken place." —Rule 136 and Joint Rule 21. When bills and reports from the Court of Claims to the Reports from House are left undisposed of at the end of a Congress, Condt of claimt undisposed of at the bills are to be again read twice and referred to the end of Congress. Committee of Claims, and the adverse reports restored to the private calendar at the commencement of the next Congress.-Journals, 1, 35, pp. 134, 135; 1, 36, p. 247. VETO. Where a bill, having passed both houses, shall be pre- Return of bill sented to the President of the United States, "if he ap- with objections prove he shall sign it, but if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their Objections to bo V VETO. entered on Jour- Journal and proceed to reconsider it. If, after such renal. Proceedings on consideration, two-thirds of that house shall agree to veto. pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house Yeas and nays it shall become a law. [But in all such cases the votes of o n reconsidcration. both houses shall be determined by yeas,and nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each house respectively. ills must be re- If any bill shall not be returned by the Presidlent within turned within ten days. ten days (Sundays excepted) after it shall have been presehted to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournmnent prevent its return, in which case it shall not be a law." —Const., 1, 7, 10. Similarrules ap- A similar provision is made in the case of orders, resoplies~ollutiodns, aorderlutions, or votes presented to the President for his apvotes. proval.-Ibid.; 1, 7, p2p. 10, 11. Veto message Whenever a bill is returned to the House with the read upon its beincg received. objections of' the President it is usual to have the message containing his objections immediately read-TJournals, 1, 28, pFp. 1081, 1084; 1, 29, 2p. 1209, 1214; 2, 33, And bill recon.-PP. 3977 411; 17 347 p. 1420; and for the House to prosidered or post- ceed to the reconsideration of the bill —Ibid. —or to postponed. pone its reconsideration to a future day. —bid., 1, 21, But not whereP. 742. But not where less than a quorum is present.less tnr a quo. 2bid., 33, p. 1341. A veto message and bill may be referrum present. mallor message red, or the message alone, and the bill may be laid on or bill laid onthe table. —Journal, 2, 27, pp. 1253, 1254, 12556 1257; table. Cong. Globe, same sess., p. 875. Main question The main question in the consideration of a vetoed on vetoed bill- bill is, "C Will the House on reconsideration agree to pass the bill?" —Journals, 2, 27, _p. 1051; 1, 28, p. 1085; 1, 29, p. 1218, &c. Two-thirds of The;" two-thirds" by which a vetoed bill is required mnecmberspresent sto be approved before it becomes a law has been connecessary to pass55 e vetoed bill. strued in both houses to mean "two-thirds of the members present" —Journal, 1, 34, pp. 1176, 1178, 1420, (in all of which cases one hundred and fifty-six affirmative votes would have been necessary to pass the bills if'" two VIVA VOCE-VOTING. 219 thirds of the members elected" has been required,) and Senate Journal, 1, 34, p. 419. A motion to proceed to thd consideration of a vetoed Motion to pro ceed to consider, bill, with the objections of the President, is a privileged aprivilegedques. tion. question under the Constitution.-Cony. Globe, 2, 27, p. 905; 2, 28, p. 396. A vote on the passage of a vetoed bill cannot be recon- No reconsideration of vote on sidered. —Cong. Globe, 1, 28, pp. 672, 677; Journal, same vetoed bill. sess., p. 1093 to 1098. Where the Presideni does not approve a bill, and is Where President prevented by the adjournment of Congress from return-jort ment from ing it with his objections, it is usual for him to inform returning tibo. the house wherein it originated, at the next session, of his reasons for not approving it.-Journals, 2, 12, p. 544; 1, 30, p. 82; 2, 35, p. 151. (See also PRESIDENT OF THE UNITED STATES.) VIVA VOCE. "In all cases of election by the House of its officers, Voteto be taken the vote shall be taken viva voce." —Rule 10. (See ELECTIONS BY THE HOUSE.) VOTING. "Questions shall be distinctly put in this form, to wit: Differentmodes'As many as are of opinion that (as the question may By the voices. be) say Aye;' and after the affirmative voice is expressed,'As many as are of the contrary opinion say No.' If the Speaker doubt, or a division be called for, the House By a division, shall divide: those in the affirmative of the question shall first rise from their seats, and afterwards those in the negative. If the Speaker still doubt, or a count be required by at least one-fifth of a quorum of the members, the Speaker shall name two members, one from Bytellers. each side, to tell the members in the affirmative and negative; which being reported, he shall rise and state the decision of the House." —Ru/le 4. "And the yeas and nays of the members of either By yeas and house on any question shall, at the desire of one-fifth of "ays' those present, be entered on the Journal."-Const., 1, 5, 9. (See YEAS AND NAYS.) 920 VOTING. Point of order "If any question arises in point of order during the whileagein. division, the Speaker is to decide peremptorily, subject to the future censure of the House if irregular.7"-.Man-'al, p. 122. Every member "Every member who shall be in the House when the in louse shall vote, unless ex-question is put shall give his vote, unless the House cused. when motion to shall excuse him. All motions to excuse a member from be excused from, to be made. voting shall be made before the House divides, or before the call of the yeas and nays, is. commenced; and the question shall then be taken without debate." —Rule 31. When motion to [But on motions to adjourn, to fix the day to which be excused from, not in order. the House shall adjourn, and for a call of the House, it has been held not to be in order to ask to be excused from voting; and for the obvious reason that nothing but a desire to consume time, and' thereby delay legislation, or to prevent a majority from adjourning, could possibly influence a member in making the request.] See Cong. Globe, 1, 31, p. 376; Journals, 1, 31, p. 1538; 1, 33, pp. 757, 765, 854, 1243; 1, 35, p. 866; Cong. Globe, 1, 39, p. 945. No member to "No member shall vote on any question in the event vote wh oere witheut of which he is immediately and particularly interested, tabsent by leanlve or in any case where he was not within the bar of the After the roll. House when the question was put. When the roll-call call iscompleted, is completed the Speaker shall state that any member offering to vote does so upon the assurance that he was within the bar before the last name on the roll was called: Provided, however, That any member who was absent by leave of the House may vote at any time before speaker notal-the result is announced." It is not in order for the lowed to entertain request for Speaker to entertain a request for a member to change a member to vote orchangehisvote his vote on any question after the result shall have been when not present declared, nor shall any member be allowed to record his vote on any question if he was not present when such vote was taken.-Rule 29. [A member of a conference committee, absent on the business of his committee, is, according to the recent practice, un'derstood to be absent by leave of the House.] WARRANTS, WRITS, ETC. 221 " Upon a division and count of the House on any ques- No member to tion, no member without the bar shall be counted."- e if bar. ithout Rule 30. (See BAR OF THE HoUsE.) " In all cases of ballot by the House, the Speaker shall Where Speaker shall vote. vote; in other cases he shall not be required to vote unless the House be equally divided, or unless his vote, if given to the minority, will make the division equal; and in case of such equal division the question shall be Effect of a tie lost" —-Rule 7. vote. The names of members not voting on any call of the Namesofmem. bets not, tobe reayes and noes shall be recorded in the Journal immedi- corded. ately after those voting in the affirmative and negative, and the same record shall be made in the Congressional Globe.-Rule 149. A member has the right to change his vote before the Member has right to change decision of the question has beenfinally and conclusively vote before ean pronounced by the chair. —Journal, 2, 20, ~pp. 357, 358. cnounced.yP o. [But not afterwards.j And it is not competent for a member to have the Jour- Record of vote, if correct, cannot nal amended so as to have the record of his vote changed, be amended because of misapupon a representation that such vote, though recorded as prehension of given, was given under a misapprehension.-Journals, 2, queston. 8, p. 167; 2, 27, p. 263. WARRANTS, WRITS, ETC. All writs, warrants, and subp(enas, issued by order of To be signed by Speaker, and at. the House, shall be under the hand and seal of thetestedby Clerk. Speaker, attested by the Clerk. —Rule 8. WAYS AND MEANS, COMMITTEE OF. There shall be appointed, at the commencement of each when appointed, and of what num. Congress, a Committee of Ways and Means, to consist her. of eleven members. —Rule 74. It shall be the duty of the Committee of Ways and Its duties. Means to take into consideration all reports of the Treasury Department, and such other propositions relating to raising revenue and providing ways and means for the support of the Government as shall be presented or shall come in question and be referred to them by the House, 222 WEST POINT-WITHDRAWAL OF MOTIONS, ETC. and to report their opinion thereon by bill or otherwise, as to them shall seem expedient; and said committee shall have leave to report for commitment at any time.-Rule 151. Authorized to The Committee of Ways and Means is authorized, by employ a clerk. resolution of February 18, 1856, to employ a clerk.Journal, 1, 34, p. 557. WEST POINT. (See MILITARY ACADEMY.) WITHDRAWAL -OF MOTIONS. When in order. A motion may be withdrawn at any time uemore a decision or amendment-Rule 50 —[but not after the previous question is seconded.] It may, however, be withdrawn while the House is dividing on a demand for the previous question-Journal, 2, 29, p. 241; and all incidental questions fall with such withdrawal.-Journal, 1, 26, p. 57. WITHDRAWAL OF PAPERS. (See PAPERS.) WITNESS. Summonea by Witnesses are summoned in pursuance of an order of order, of the Houfse. the House, usually by virtue of its authority conferred upon a committee "to send for persons and papers."Journal, 1, 35, pp. 88, 175. Subpcenas to be All subpoenas issued by order of the House shall be under hand and seal of Speaker under the hand and seal of the Speaker, attested by the and attested by Clerk. Clerk.-Rule 8. Sergeant-at-arms The Sergeant-at-arms shall execute the commands of shall execute subpanasdirectedto the House from time to time, together with all such prohim. cess issued by authority thereof as shall be directed to him by the Speaker. —Rule 22. Who may admin. The Speaker of the House of Representatives, a chairister oaths to. man of a Committee of the Whole, or a chairman of a select committee —Stat. at Large, Vol. I, p. 554-and the chairman of any standing committee shall be empowered to administer oaths or affirmations to witnesses in any case under their examination.-Stat. at Large, Vol. III, p. 345. WITNESS. 223' The rule for paying witnesses summoned to appear Fees of. before this House, or either of its committees, shall be as follows: For each day a witness shall attend, the sum of four dollars; for each mile he shall travel in coming to or going from the place of examination, the sum of five cents each way; but nothing shall be paid for traveling when the witness has been summoned at the place of trial."-I-tule 138. The failure or refusal of a witness to appear, or refusal Failure of, to to testify, is a breach of the privileges of the House, and appear ortestify. has been punished by commitment to the custody of the Penaltyforfailure of, to appear Sergeant-at-arms, by expulsion from the floor as a re-ortestify. porter, and by commitment to the common jail of the District of Columbia.-Journals, 1, 12, pp. 276, 277; 2, 33, pp. 315, 318; 2, 34, pp. 269, 277, 281, 384, 567; 1, 35, pp. 371, 387 to 389, 535 to 539. Any person summoned as a witness by authority of Additional penalty. for failure the House to give testimony or to produce papers upon of, to testify. any matter before the House or any committee thereof, who shall willfully make default, or who, appearing, shall refuse to answer any question pertinent to the matter of inquiry in consideration before the House or committee by which he shall be examined, shall, in addition to the pains and penalties now existing, be liable to indictment as for a misdemeanor. And when a witness shall fail to Duty of Speaker on failure of, to testify, as above, and the facts shall be reported to the testify. House, it shall be the duty of the Speaker to certify the fact under the seal of the House, to the district attorney for the District of Columbia.-Stat. at Large, Vol. XI, pp. 155, 156. The testimony of a witness examined and testifying Testimony of, not to be used before either house of Congress, or any committee of against. either house of Congress, shall not be used as evidence in any criminal proceeding against such witness in any court of justice: Provided, however, That no official paper Official paper or record produced by such witness on such examina- produced by. tion shall be held or taken to be included within the privilege of said evidence so as to protect such witness from any criminal proceeding as aforesaid; and no witness shall hereafter be allowed to refuse to testify to any 224 WRITING —YEAS AND NAYS. fact or to produce ally paper touching which he shall be examined by either house of Congress, or any committee of either house, for the reason that his testimony touching such fact, or the production of such paper, may tend to disgrace him, or otherwise render him infamous: ProMay be punish- vided, That nothing in this act shall be construed to ed for perjury. exempt any witness from prosecution and punishment for perjury committed by him in testifying asgforesaid.Stat. at Large, Vol. XII, p7. 333. WRITING. Motions to be "Every motion shall be reduced to writing if the reduced to. Speaker or any member desire it." —Rule 39. Words excepted (4 If a member be called to order for words spoken in to, to be taken down in. debate, the person calling him to order shall repeat the words excepted to, and they shall be taken down in writing at'the Clerk's table." —Rule 62. YEAS AND NAYS. May be taken'"The yeas and nays of the members of either house if desired by one. fifth of thoso on any question shall, at the desire of one-fifth of those present. present, be entered on the Journal." —Const., 1, 5, 9. Must be taken ";And in all cases" (on the passage of a vetoed bill) " the on passage of a vetoed bill. votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each When demand house respectively."-1bid., 1, 7, 10. The yeas and nays for may be made. may be called for while a vote on a division by tellers is being taken-Cong. Globe, 2, 28, p. 121-or while the Speaker is announcing the result of such vote-Ibid., 1, 29, p. 420 —or even after the announcement, and before passing to any other business —i, 31,p. 277 —but not after the result is announced, if delayed until the Speaker shall be in the act of putting another question-Journal, 1, 32, p. 254. A quorum not [;~ One-fifth of those present" has always been connecessary on ordering. strued to mean one-fifth of those who vote on the question of ordering the yeas and nays, regardless of the fact as to whether or not a quorum is present.] YEAS AND NAYS. 225 It is not in order to repeat a demand for the yeas and After refusal of, not in order to nays which has been once refused. —ong. Globe, 1, 29, repeat demand. p. 304; 2, 30, p. 623; Journal, 1, 33, p. 939. An order of the yeas and nays-Journals, 1, 1 19 p. Order of, or refusal of, may be 796; 1, 30, p. 405-or a refusal of the yeas and nays- reconsidered. Cong. Globe, 2, 30, p. 623-may be reconsidered. The yeas and nays cannot be demanded on seconding Notin order on seconding previ. a demand for the previous question.-Journal, 2, 19, p. ous question. 493. Nor can they be taken on any question in Com — Nor in Commitmittee of the Whole.-Cong. Globe, 1, 28, p. 618. "In taking the yeas and nays on any question the Intaking,names tobecalled alpha. names of the members shall be called alphabetically."- betically. Rule 35. And while they are being taken, no mem- No person to visit Clerk's desk ber or other person shall visit or remain by the Clerks w hi e b eing table. -Rule 65. taken. After the yeas and nays are ordered and a member No debate after one response on has answered to his name, the roll-call must progress callof. Without debate. —Cong. Globe, 1, 31, p.1686. "Every member who shall be in the House when the Every member in ouse shall question is put shall give his vote, unless the House shall vote, unless exs cused. excuse him. All motions to excuse a member from vot- When motion to be excused from ing shall be made before the House divides, or before v o tin g to be the call of the yeas and nays is commenced; and the made. question shall then be taken without debate." —Rule 42. " No member shall vote on any question in the event No member to vote where interof which he is immediately and particularly interested, ested, or without or in any case where he was not within the bar of the the bar. House when the question was put. When the roll-call After the roll. is completed the Speaker shall state that any memberall is completed. offering to vote does so upon the assurance that he was within the bar before the last name on the roll was called: Provided, however, That any member who was absent, by leave of the House may vote at any time before the result is announced." —Rule 29. But the Speaker shall not entertain the request of a After r e sult announced! member to change his vote after announcement or to vote if not present when the vote was taken.-Rule 29. [A member of a committee of conference, according fMember of conto the recent practice, is understood to have leave of the tee has privilege of one absent by House to be absent on the duties of his committee.] leave: B D —15 226 YEAS AND NAYS. No member to "Upon a division and count of the House on any vote if without bar. question no member without the bar shall be counted."Rule 41. (See BAR OF THE HOUSE.) Names of mem- The names of members not voting on any cali or the bers not voting on call of, to be yeas and nays shall be recorded in the Journal immerecorded. diately after the names of those voting in the affirmative and negative, and the same record shall be made in the Congressional Globe.-Rule 149. Member has A member has the right to change his vote before the right to change vote before deci-decision of the question has been finally and conclunsion fienally pro- sively pronounced bythe Chair.-Journal, 2, 20, pp. 357, 358. [But not afterwards.] Record of vote, And it is not competent for a member to have the if correct, cannot be amended be- Journal amended, so as to have the record of his vote cause of misapprehension ofcChanged, upon a representation that such vote, though question. recorded as given, was given under a misapprehension.-Journals, 2, 8, p. 167; 2, 27, p. 263. Erroneous rec- A member has a right to have an erroneous record of ord of vote may becorrectedafter his vote corrected after the announcement of the result resultisdeclared. of a vote. —Journal, 1, 38, pp. 586, 587. INDEX TO BARCLAY'S DIGEST. A. Page. Absence from the House, prohibited, unless by leave, &c.................... 3 less than a quorum may compel absentees to attend. 3 fifteen members may compel absentees to attend.... 3 proceedings in case of. (See Calls of the House.) deduction from compensation for.-....... 3 Absence from Committee of the Whole, when no quorum on account of...4 roll to be called. —--.. — --- -.. 4 Accounts, Committee of, its number, and when appointed-.... 4 duties of.............. -..................- -- - 4 accounts for pay and mileage. (See Sergeant-at-arms.).Acts and addresses, to be signed by the Speaker........................... 4.Address to the President, when and by whom to be presented............... 5 Adhere, motion to, order in putting question on........................... 5 usually two conferences before. -....................... ---... 5 may be conference after, agreed to...................... 5 after, agreed to by both houses, bill lost................. 5 Adjourn, motion to, always in order..-. —................- —. —.. —. ---- 5 not debatable........................................ 5 motion to fix the day takes precedence of, unless no quorum is present -.. —— 5 cannot be made while member is speaking unless he yields for............................................... 6 member speaking may yield for....................... 6 not in order while House is voting.-... --—... —.- - 6 cannot be amended.....................6...... 6 when it may be repeated.............................. 6 hour of meeting, to be entered on the Journal.......... 6 takes precedence of motion to fix the hour of next meeting — 6 is not carried till the Speaker pronounces it -----—: --- 6 must be carried before legislative day ceases..... — - 7 for more than three days not in order, except as a concurrent resolution....... —.,.. —-------—, 7 for more than three days is privileged..-.... 7 for more than three days does not terminate session. 7 when President may adjourn the two houses..........., 7 Adjourn, motion to fix the day to which the House shall, always in order.... 7 not debatable.......... —-... —- —.................... —-- -- ---- ------ ------- 7 takes precedence of motion to adjourn, unless no quorum is present ------------ --------------- - -----------—.. —- 7 Adjourn, motion to fix the hour to which the House shall, when in order 7 Adjournment, sine die, form of resolution for............................... 7 when it takes place.-. —--------- —.. —8.- ----—,. may be made to take place on failure of a quorum in either house.................................... —------ 8 Agents for claims. (See Claim Agents.) Agriculture, Commmittee on, when appointed, and number of........-. —. 8 duties of. -...................... 8 228 INDEX TO BBRCLAY'S DIGEST. Page. Amendment, precedence of motion to amend -. 8 motion to strike out enacting words takes precedence of..-.-. 8 when in order to a bill..- - - -..-... - - - -..8 not cut off by the previous question -... 8 an amendment to, in order, but in no higher degree.... 8 may be an amendment to substitute, and also an amendment to. 9 to Senate's amendment may be amended. ——. —. —. ——.. —- 9 paragraph proposed to be inserted may be amended.-. 9 where paragraph inserted may be amended by adding to or by striking out, together with part of original.................. 9 paragraph proposed to be struck out may be amended..- 9 effect of failure to strike out..... 9,10 motion to strike out and insert, indivisible.................... 10 after adoption of, proposition cannot be withdrawn... —--.-.. 10 no modification of, after second of previous question - -........... 10 member yielding floor for, loses right to floor..- —....... —. 10 must be germane, and not incorporate any pending bill........ 10 not out of order because inconsistent with one adopted........ 11 being moved, member may again speak. —- -...................... 11 to railroad bills.-..-..-..... —----------------------—. 11 converting a resolution into joint resolution not in order.-. —. 11 by way of rider, not in order to bill on third reading. —-. —-. — 11 to the rules requires one day's notice. -.. -. 11 reported from the Committee of the Whole or Senate not divisible --.. —.....................-. —-- -------------—. 11 additional, may be moved after report of bill from Committee of the Whole.. —-. —-.. —--- -------------------------—. 11 effect of striking out a paragraph in committee after amending it.-.-.-.-.-.-.-. —--------------—. 11 to general appropriation bills. (See Appropriation Bills) —.. —- 11, 12 debate on, may be closed, without precluding further..........- - 12 Amendments between the two houses, regular progression in caste of, from disagreement to adhere —. 12 effect of adherence by both houses...-. — -----------.-. 12 either house may recede. -........................... 12 motion to recede takes precedence of insisting.... -......... 12 not in order for House to insist or recede from its amendment with an arnmendment.-,.........- -—. —-------------- 12 amendment to Senate's amendment in order. —, —--------—. 12 House may amend Senate's amendment to House's amendment 13 usually two conferences before adherence. —-—. 13 one house may adhere in the first instance, 13:notion to insist takes precedence of adherence -.......... 13 after adherence by one house, the other may recede. (See Adhere, motion to)...13 Alpeal, question of order arising out of a question to be first decided. ----- 13 questions as to applicability or relevancy, &c., subject to. -—.... 13 after previous question moved, no debate on -... 13 no debate on, where member called to order for indecorum, &c 14 not in order on point arising during a division..-... —--.- -—.. 13 may be laid on the table -----------—. ---- 13 where too late to raise a question of order-......... —--- 14 question just decided on, cannot be renewed.-.. —---. — —.. 14 where too late to reconsider vote on... —-----—. ——. —------—. 14 not in order while another appeal is pending-..-........ 14 how question on, is stated —.................................. 14 questions of order and decisions on, to be noted at end of Journal. 15 from decision of the Clerk, pending the election of Speaker......... 14 patopriatiox bills, general, when to be reported.- --------—........ 15 may be reported at any time......................... 15 INDEX TO BBARCLAY~S DIGEST. 229 Page Appropriation bills, amount of appropriations in, must be specified.......... 15 not to include appropriations under treaties.. —. —-—. 15 amendments to, what in order......................... 16 preference given to, over other bills in the House....... 17 may be made special order at any time.-..... —.......... 17 may be considered in preference to other bills, in Committee of the' Whole-............................ 17 clauses of, to be treated as sections............. -17 all proceedings touching, to be first discussed in Committee of the Whole...................-... —........ 16 what are not considered -................. —.-.-.... 16 rules may be suspended to consider first in the House -.. 16 division of the question on, for internal improvements - 17 Appropriations, Committee onl, number of, and when appointed-..-......... 17 its duties.-...........-....... 17 may report for reference at any time..... 18 reasons of, for failure to report must be in writing -................................... 18 Ayes and Noes. (See Yeas and Nays.) B. Ballot, when committees are to be appointed by.-........................... 18 how committee are elected by.- - -------------—..... — - -. 18 in all cases of, the Speaker shall vote ------------—...-... 19 no person to visit Clerk's desk while counting...................... 19 vote not taken by, of late years. —-—...................... -------—. ---------- 19 Ban7cng and Currency, Committee on, its number, and when appointed -. -... 19 its duties 19 Bar of the House, member must be within, in order to vote..... 19 the vote of no member without, to be counted.. —....... 20 wht is meant by -..-.......................,..... 20 Bills, how introduced. —-.........................I.- -..-............... 20 for raising revenue, must originate in the House.................... 20 may be amended in the Senate..........-....... 20 on leave, notice of, to be given.-................................... 20 in relation to post routes, when and how introduced-. —. -....... X —--- -......... 20 not to be brought back bv motion to reconsider.. 21 form of notice of.......-...................... 21 how to have notice of, appear in newspapers..... 21 objections to the practice of introducing......... 21 reported from committees. (See Committees.) reported from the Court of Claims. (See Claims, Cousrt of.) shall each receive three readings...........-....................... 22 may be objected to after the first reading........................... 22 second reading of.-.. -............ -. 22 reading of, in the House, usually by title --—. —-:- -. ——::. 22 member has right to have, read throughout. —.-.-. —-,.., 22 after second reading, ready for commitment or engrossment, and open to debate...................... 23 engrossment and third reading of --.. —-......................... 23 when there is a preamble, when considered.-..-... 23 after third reading, debatable, but not amendable.................... 23 may be recommitted at any time before passage. (See Recommit, motion to). 23 passage of —........ —-................................ 23 title of......-..2............................A__ --- -—. -4 —-- _ _- 24 after title of, disposed of..,............................-........ 24 motion "to reconsider and lie" in the consideration of. -.-.-. 24 after passage, to be certified by Clerk and taken to Senate........... 24 230 INDEX TO BARCLAY'S DIGEST. Page. Bills, after passage, not to be taken to Senate on the last three days of session.-................................ 24 to be on paper.. —................................... 24 after return of, from Senate with amendment-....................... 24 action on Senate amendment. —----. —-- 24 when the Senate amendment is disagreed to.. —---------- ----------------- 24 amendments between the two houses. (See Amendments between the two houses and Conference Committees.) after passage by both houses, to be enrolled on parchment............ 25 when enrolled to be examined. (See Enrolled Bills, Committee on)-.'-.. 25 when examined to be reported to House and signed by Speaker...... 25 after being signed by both presiding officers, to be presented to the President. —-—.......................... —----------- ------------- -------—. 25 not to be presented to President on last day of session without suspension of Joint Rule.,............................, — 25 after presentation of, to President, to be signed or returned within ten days.-.................... 26 notice of approval of, to be made to house where it originated. 26 where vetoed. (See Veto.) where not returned within ten days................................ 26 where return within ten days is prevented by adjournment.......... 26 where, of one house is rejected in the other -...................... 26 left undisposed of at end of a session.. —------------ -------------. 26 in regard to printing of. (See Printing, Public.) certain, to be sent to the Court of Claims............................ 27 Binding, of extra copies of documents. —----------------.. ——.. - 27 of regular session documen'ts.................. —.... —....-. 27 Superintendent of Public Printing to have executed. (See also ffPrinting, Public).-...- -. —--—............ —-. 27 Blank Books, by whom to be executed.-......-... — —... ——. 27 Blanks, how filled -----—.................... —---- --—. --—........... ---—...... ----- 27 left by one house may be filled by the other........ 27 not to be counted in ballotings. -.... 27 Bond, of Sergeant-at-arms. —.........................-.......... - 27 of Clerk-........................... - -.... —..- -------—.... 28 Books, price of, not printed by Public Printer, &c., to be deducted from compensation of such members as receive —-. -........................... 28 Bribery, attempted, of members, a breach of privilege.-................. 28 of members of Congress —.................................... 28 of employ6s of the House............................ —-----—... ---------- 29 acceptance of bribe.- -.......................................... 29 penalty for....... —-. —--. —----........-...... —-----—... 29 Business, daily order of, reading of the Journal.- -—............................ 29 unfinished business of preceding day................ 29 reports of committees. —-—.................... —- --—.. 30 call for resolutions and bills on leave.-. --------—. 30 business on the Speaker's table...................... —--- -------- 30 may be interfered with........................ --- ---- 31 on Fridays and Saturdays. (See Private Bills and Private Business)....-........................... 31, 32 on each Monday, call for resolutions and bills on leave --------. —---—. ——. —------------ 32 joint resolutions of State legislatures, when to be submitted.-....................... 33 on Mondays, motions to suspend the rules.......... —-. 33 can only be changed by a two-thirds vote..........-... 33 Butsiness on the Speaker's table, when motion may be made to go to.- -- -- 33 when "morning hour " begins.-.......... 33 floor may be taken from member to move to go to................. 33 INDEX TO BARCLAY'S DIGEST. 231 Page. Business on the Speaker's table, order of disposing of. 33 weekly statement of, to be prepared by Clerk..................34 Business, unfinished at end of a first sessionbills, resolutions, and reports to be resumed after six days........ 34 before committees, to be resumed as though no adjournment... 34 C. Calls on the President and Departments. (See President and Executtive DepartInents.) Call of the House, less than a quorum may be authorized to compel attendance ---—. ——. —--. ——.. —-..-. — ---. —---- - 34 fifteen members are authorized to compel attendance. — 35 not in order after second of previous question, unless no quorum is present. —-------.............................. --- 35 in order before the Journal is read, if no quorum is present 35 proceedings in case of.................-.... 35 roll to be called alphabetically —... —----—. ---- 35 absentees again called................................. 35 doors to be shut................... -...,. 35 excuses received.-... 35 absentees may be arrested........... — --------—. 35 call may be dispensed with at any time —.......... 35 form of order of arrest................................. 35 issue of warrant.-..-.-.. 35 return of warrant ----- ---- -- - 35 arraignment of members arrested.- -. 36 House may determine whether to discharge with or without fees..... 36,fees. (See Sergeant-at-arms.) member must pay fees before recognized................ 36 recess not in order during. 36 motions to adjourn or with reference to call only in order - 36 effect of adjournment pending....-................... 36 Capitol, Speaker has control over hall and other rooms on House side...... 36 hall of the House not to be used except for legitimate business -—. 36 spirituous liquors prohibited in................................ — ----- 37 Vice-President and Speaker may prescribe rules in regard to. 37 Speaker may control:?Commissioner in regard to that part of, occupied by the House. (See Speaker) —-. -------------—.-. 37 Chief Engineer of the Army to have charge of.-... —---. 37 police of, to be appointed by the Sergeant-at-arms, also certain - watchmen -... —- ------------—..... —---------------. —- 37, 38 rules and regulations in regard to. -.... 38 telegraph from, to the public offices.- 38 Chair, the Speaker may name persons to fill, for the day. (See Speaker p1ro -tem p ore)..................................39 Chairman of a committee. (See Committees.) Chairman of Committee of the Whole, shall be appointed by the Speaker.. 39 may cause the galleries to be cleared - 39 forms of report by. (See Committees of the Whole.) may administer oaths................. 39 Charge uepon the people, proposition for, must be committed, and not discussed on day made.-............................ ---—. 39 Chaplains, election of, suspended.......................................:. 39 revived.................................. —------ ------. —- - 39 proposition to elect, presents question of privilege...-.........-. 40 Claim agents, House employ6s prohibited from being..-...... —-.. --—. 40 stenographers and reporters prohibited from being........... 40 members prohibited from being, for compensation............. 40 232 INDEX TO BARCLAY'S DIGEST. Page. Claivms, Committee of, when to be appointed, and number of...-.... 40 duties of...........-.......... 40 authorized to employ a clerk........................ —--- ------- 40 Claims, Court of, when to report to Congress. —-—. -----. —.. —. 40 what to be reported by.................................. 40, 41 bills to be prepared by --.................................. — 41 testimony to be reported by........................... —..... 41 reports and bills of, to be continued from Congress to Congress..41 adverse reports of, disposition of, and effect of confirmation of 41 court rooms to be provided. —-—..... —-. ------. —- 41 removal of clerks of, to be reported to Congress..... 42 transmission of papers to......................-...-.. 42 withdrawal of papers from....................... ----—. 43 withdrawal of pension and other papers.-.... 43 in cases of final judgment by............................ 43 petitions and bills to be transmitted to...... 43 bills from, to be placed on the private calendar and printed 43 bills and reports undisposed of; at end of Congress.. —---- 43 judges of, may be admitted within the hall of House..-.. 43 Clerk of the.House, when to be elected.................................... 43 Speaker shall administer oath to. —----- -------. ——. 44 must be elected before other business is transacted. —-- 44 oath of office of......-............................ 145, 146, 44 mode of election of.. —... —-------------------. 44 tellers appointed to keep and make report of vote for. (See Elections by the House)......................... 44 enters upon his duties as soon as he takes oath. —-—. - 44 must give bond within thirty days.. —---................... —- 44 continues in office until his successor is appoiuted. 44 duty of, in preparing roll of members elect..-..... 44, 45 to certify monthly pay of members prior to the first session of a Congress. - -...... -- -.-.-.-.... 45 pending the election of Speaker, preserves order, &c. (See also Meeting of Congrless).-.........-... 45, 46 all contracts, &c., to be approved by him................ 45 purchases by, for the House, to be of home production. 46 shall report contingent expenditures of the House.. —- 46 list of persons employed in the service of House 46 the quantity and cost of stationery. —------ 46 a statement of appropriations, new offices created, &c -. —-. —-..e.... — - - 46 receipts and expenditures, in detail, and full account of public property in his possession 46, 47 shall certify extracts from the Journal, his fees therefor. 47 may use books in Congressional Library................. 47 shall advertise for proposals for stationery.-.. 47 shall transmit certain petitions, &c., to the Court of Claims......-, —----------------------------------- 47 to select newspapers in'late rebel States for publication of laws, &c.... —......................... —. —----------- 47 to designate where executive printing shall be done in certain cases.,.............................. -... 48 to select newspapers in loyal States and Territories for publication of laws and treaties. ——.. —------—. —-- 49 to furnish list of members, &c., to publishers of the Globe. 49 shall attest all writs, warrants, and subpoenas...... -... 49 shall enter petitions on the Journal -..................... —- ---- 49 shall deliver calls on the President and Departments.... 49 shall refer maps, &c., to Committee on Printing........ 49 INDEX TO BARCLAY'S DIGEST. 233 Page. Clerkc of the House, shall prepare lists of reports to be made to Congress.- - 50 shall send copies of the Journal to the States -..- ---—. 50 shall note and place at end of Journal all questions of order 50 in regard to advertisements in the District of Columbia. 50 shall enter notices of bills............................-. 51 shall certify bills which pass. —---------—........... —--- - 51 shall sign all House bills which pass.................... 51 shall enroll all House bills which pass both houses..... 51 how amendments in Committee of the Whole are to be entered by.........-......................... 51 distribution and indexing of Journal by................ 5l shall ietain two copies of documents in House library 51 shall preserve one bound copy of docdments for each member. —... —---—.. ——.- - - - - - - 51 shall make weekly statement of business on Speaker's table...................................... 51 shall make weekly statement of bills, &c., on the calendar 51 prefixes the numbers to the sections of bills-also numbers the bills.-.................................... 51 conveys messages to the Senate.. 52 prepares estimates for, and disburses the contingent fund of the House........................... 52 pays the salaries of the officers and employ6s of the House 52 keeps the Journal-................................ 52 keeps minutes of proceedings in Committees of the Whole.... -....... 52 reads all papers required to be read to the House - -. —--- 52 keeps the files... 52 keeps the bill-book................. 52 indorses papers ordered to be printed, and makes record of the same.......-.....-...................... 52 engrosses and enrolls bills and resolutions............... —--------- 53 journalizes all petitions referred, keeps index of the same, and delivers to committee..................... 53 orders newspapers for members, and keeps accounts for same. ——............. —- ----- -----—.. ---------—. 53 contracts for and furnishes all books ordered, and keeps accounts of same ------------. 53 distributes all the regular public documents of the House. 53 keeps the stationery and supplies the Postmaster........ 53 keeps the library of the House......................... 53 Clerks of committees, not to be employed without leave of the House... 54 which are authorized —--............................... 54 Coinage, Weights, and Measures, Committee on, its number, and when appointed 54 its duties..-..... 54 Commerce, Committee on, when appointed, and of what number............. 54 duties of......................................... 54 Commit, motion to, when it may be received.-........................... 54 precedence of, with reference to other motions-......... 55 not to be repeated dn same day or at same stage-.- -... 55 where different committees are proposed............... 55 may be amended by adding instructions, &c............ 55 with instructions, not divisible........................ 55 when in order to bill.................................. 55 debate on................. —-- 55 effect of previous question upon.......................... 55 motions and reports may be committed at the pleasure of House --..............-............... —------------ 55 Committees, Standing, appointed at commencement of Congress.............. 55, 56 Joint, appointed at commencement of each Congress............. 56 234 INDEX TO BARCLAY7S DIGEST. Pagre. Comvmittees, duties of. (See under their respective names.) how appointed..........................-..,... 56 member may be appointed on, before he is sworn.-... 57 who shall be chairmlan of...-....................- —......... 57 who may be excused from serving on..... 57 who may call a meeting of....................... 57 shall not sit while House:.s sitting, without leave. - -............. 57 sitting (luring recess...............-................ 58 clerks of.. —-. —---- -. —---- ---—.. —. —-----,. ——. -. 58 precedence of different motions to refer-.-...... 58 precedence of motions to commit in regard to other motions.... 58 motion to commit not to be repeated at same day or stage....... —. 59 when bill is ready for commitment. —......... ——..... —..... 59 effect of previous question on motion to commit-.-... 59 can only act when met together. -.,........ -......... 59 a najority constitutes a quorum of - -............................. 59 sub-committees appointed by.................................. 59 Standing, not necessary that every member shall have been notified of meeting of........................................... 59 petitions, how referred to. -................................ 59 to be indorsed with name of member and committee. -- 60 matters referred to, how delivered to........................... 60 cannot be instructed to do what House cannot do.............. 60 motion to commit with instructions indivisible. —---—........ 60 how amendments are to be noted by -------------------—. 60 no reconsideration of a vote in................................. 60 cannot reject a paper —..... —-... —... ——. -- - -... 60 cannot change title or subject........................ —--...... 61 when and in what order called upon for reports................. 61, 62 call of, to be resumed where left off............................ 62 cannot report further after occupying morning hour two days - - 62 regular call of, how interfered with............................. 62 which may report at any time............................... 62 right of, to report at any time carries right to,consider-......... 6: may report by bill or otherwise................................ 63 cannot report on a subject not in some way referred. 63 may report a bill with a recommendation not to pass............ 63 Select, how dissolved and revived.-............................. 64 how created and filled.. —...............,............... 64 do not hold over the session............................. 65 where dispute arises as to whether report is ordered by -........ 63 a minority cannot report, but leave is usually given............. 63 a chairman of, may read his report.-.,..-.,., 64 member making report from, may open and close debate -- 64 proceedings of; not to be published, except by leave of the House. 64 reference to, not in order....................... 64 after commitment and report, a bill may be recommitted......... 64 two motions to recommit not in order at same stage.- -... 64 oaths may be administered by chairman of............ 65 failure of witnesses to appear or testify before. —.. — -.. 65 Committees of the Whole, the rules and practice recognize two.............. 65 order of taking question on motions to commit -. 66 on the state of the Union, motion to go into, in order at anytime..-.................... 66 on private bill days, motion to go to the private calendar takes precedence.................. 66 a second of the previous question prevents motion to go into..................................... 66 how formed.-...............,..... -.. —- - 66 disturbance in.................................. 66 INDEX TO BARCLAY'S DIGEST. 235 Page. Cotlmmittees of the Whole, Speaker may take chair to receive messages while in 67 chairman of, may administer oaths..... 66 quorum of, same as of House -....................... 67 also to receive report of enrolled bills. —. 67 where found without a quorum. 67 rules of the House to govern, as far as practicable. 67 what motions are not in order in................... 67 debate in, confined strictly on special orders. 68 same time as in House except where closed 68 five minutes' debate in................ 68 form of resolution for closing general.... 68 after five minutes all debate may be closed 68 amendments under five minutes' debate in, not to be withdrawn. --—.................. ---- --------- 69 before general debate is closed, subject must have been considered in-............................69 debate may be closed on messages as well as bills... 69 member reporting Imeasure may open and close debate 69 member cannot speak against his amendment under the five minutes' debate-.................. 69 cannot extend time of debate where House has fixed it 69 may take up other business after getting through with a bill on which debate is closed.-. 69 amendments to an original motion in...,.... 69 bills and resolutions may originate in. a. 70 amendments by, to a report, to be noted as in case of bills.-....................-..... 70 case of clause amended and afterward striken out by 70 case of bill amended and afterward substitute adopted by... 70 motion to rise always in order in-.. 70 member may yield the floor for a motion to rise.. 70 motion to rise may be withdrawn at any time before vote is declared-............ 70 a proposition to tax or charge people must be first discussed in...................-.......... 70 also a proposition to increase a tax or duty. 70 all appropriations shall be first discussed in. (See also Appropriation Bills).-....................... 70 amendments to general appropriation bills, what not in order —........... -71 cannot rule out of order any part of bill committedc 71 practice in regard to amendments to appropriation bills in. —.................................... 72 how bills are considered in-.. 72 consideration of preamble in...................... 72 how amendments are to be noted in............... 72 after report from, bill may be further amended and debated —-------....-.............. --—. --- 72 what bills are considered by clauses in............. 72 a clause having been passed over, cannot be recurred to in..................... 72 on the state of the Union, how bills are taken up in 72 preferred bills in.......... - 72 in case of report by, to strike out enacting words. 73 an amendment from, reported as an entirety, not divisible:..-.. 73 forms of report from, where bill is reported. 73 where committee leave business unfinished.-......... 73 236 INDEX TO BARPCLAY'S DIGEST. Page. Committees of the Whole, forms of report from, where risen for want of a quorum -........ —---—.. —-- 73 report from, when received and considered... —. 73 Compensation, of members to be ascertained by law-. -.... 74 of Speaker and members.................................... 74 to be paid monthly 75 price of books to be deducted from-......................... 75 deduction-from, in case of absence.. -------—................... —. 75 further deduction from, in case of absence..................... -. 75 deduction from, for excess of stationery..................... 75 amount of, to be certified by the Speaker....-.... —-------- 75 Speaker's certificate for amount of, conclusive.. —... ——.. — 76 member who shall die after commencement of term -......... - 76 of member elected to fill vacancy. (See Sergeant-at-arms). 76 Cowcwurrence, question on, is the first which arises......................... 77 Conference Committees, upon what occasion asked for....................... 77 of what number to consist......................... 77 report of, by whom to be signed.-.. ——. ---—. —. 77 in case of disagreement by one house to other's amendment.......-. - -,,,,,,, 77 request of Senate for, when considered............. —-----—. 77 when and where they meet, &c................ ——...... -- 77 at what stage usually asked for.... 77 sometimes take place after adherence by one house. 77 usually two, held before adherence.................. 78 motion to recede takes precedence of motion to insist and ask ------------------ --- ------------- 78 motion to insist and ask takes precedence of motion to adhere.-................-.... 78 where unable to agree............................. 78 members of, absent -... -.... 78 report of, may be made at any time.. —---—.. —.. 78 where report of, disagreed to........................ 78 may be instructed -.............................. 78 report of, cannot be amended -------- -. 79 report of, may be laid on the table — --—. —. 79 may report agreement as to part and disagreement as to part. —-—.................. —------------------- 79 must be asked by house which has the papers........ 7 T) house asking, must leave papers with other house.. 79 report of, where to be first made..................... 79 Confidential Communications. (See Secret Session.) Congress. (See Meeting of Congress.) Congressional Diirectory, by whom compiled................................ 79 when to be ready for distribution-.....-.. 79 CongrSessional Globe, reports proceedings. 79 seats provided for reporters of. 79 not privileged to correct a report in...79 names of members not voting, to be recorded in. 80 contract with, authorized..80 reporters for, to be approved by Speaker................. 80 in regard to future reporting 80 repeal of foregoing proviso..................... —--... 80 debates to be printed by Congressional Printer.......... 80 reporters of, to furnish report of proceedings-. -.. 80 to be officers of the House.... —-. 80 proceedings to appear in next daily paper —. 80 copies of bills, &c., to be furnished to reporters of —. 80 list of members, &c., to be furnished to publishers of... 81 Consideration, when question of, to be put........... 81 INDEX TO BARCLAY'S DIGEST. 237 Page. C(onsideration, when too late to raise question of.,........................... 2 Con tested Elections. (See Elections, Contested.) Conversation, when not to be indulged in................................ 82 Court of Claims. (See Claims, Court of.) D. Dai,.; Globe. (See Congressional Globe.) Debate, motion to be stated by Speaker or read before................. 82 in rising to, member must address, " Mr. Speaker"... 82 member must rise from his seat to....83 where more than one member rises at once-..-....................... - -- - 83 who entitled by courtesy to open.................................. 83 to be recognized in, member must claim the floor..-............... 83 no-member, except mover, shall speak but once. 83 member may speak again, -after amendment offeredl.. ——,, -. 83 where member may speak from.. —-- --- -. -....-.-. 83 member may move previous question although he has spoken. —. 83 right to open and close, not affected by previous question........ —. 83' nor by order to close debate....... - 83 member may yield floor for explanation............................ 84 member may withdraw his demand for the previous question, and speak out his hour - -..84 member must confine himself to question and avoid pensonality.... 84 in Committee of the Whole on the state of the Union, latitude allowed 84 except where special order pending...... 84 a contestant for a seat subject to the rules in..................., 83 question of the rejection of a bill open to --...-... —-------—. 83 on an appeal as to " relevancy of proposition," no member to speak but once.-.............. —-------------- ----------—..... 83 where member transgresses rules in, may be called to order.-. 84, 85 other proceedings......... 85 words excepted to, to be reduced to w riting................... 85 when not censurable for words spoken in.-...... —-. —-- 85 no member to be questioned out of house for words spoken in....... 85 proceedings of other house not to be noticed in.-... 85 conw ersation, and passing between member speaking and Chair, prohibited 85 generalc, limited to one hour..-......... 85 member reporting measure may open and close... -... 85 five minutes, right to debate amendments........-... 85 may be closed on amendment or paragraph..... 86 may be limited to, at any time, after consideration..... 86 prohibited on resolutions or bills on leave on day of introduction... 86 prohibited on bills introduced on Mondays during first hour......... 86 prohibited on private bills on first and fourth Fridays of the month- 86 prohibited on motion to adjourn, to fix day, and to lie on table...... 87 prohibited on motion to be excused from voting.................... 87 prohibited on previous question and incidental questions pending... 87 may be closed upon a pending amendment and not preclude further. 87 prohibited on motion to reconsider third reading, pending demand of previous question on passage - -—.. — --..-.. -........ —-. 87 prohibited on questions of priority of business..-...... 87 prohibited on motions to suspend rules, or to reconsider votes on propositions not debatable 87 prohibited after a member has answered to his name... 88 allowed if member is recognized before response is given............ 88 on motions to postpone and commit. 88 Debates, reporting and publication of. (See Congressional Globe.) 238 INDEX TO BARCLAY'S DIGEST. Page. Delegates, provision for the election of.................................... 88 have right to debate, but not to vote............................. 88 may make motions.-............................. 88 compensation and franking privilege of..... 88 names of, called and oath administered to, in the organization of House. --..... i.... - -...... 89 to be appointed on certain committees................ — -........... 89 not to receive pay for services against United States... - -. 89 Departments. (See Executive Departments.) Disorder, in the galleries and lobby.........................-.. 89 House may punish members for. —..... —--------........... 89 Speaker shall prevent....................-..... ---—...... —----- 89 where member called to order.........89 member may be censured................ 90 specific violations of order.........................-.......... 90 in Committee of the Whole-........ 90 Speaker may call member by name. ----------------. —---. —- 90 pending election of Speaker, the Clerk shall preserve order, &c - - 90 District of Columbia, Committee for, when appointed, and number of......... 91 its duties.............................. 91 to be called on the 3d Friday of each month.............. 91 Division of the House. (See Voting.) Division of questions, how made and when called for........................ 91 motion to strike out and insert not divisible —- ---—. 91 other questions not divisible...................... -..91 upon the engrosment of internal improvement bills... 92 not allowed on other bills. —-—...................... —-..... 92 Divine service, not to be performed in hall without Speaker's consent........ 92 Documents. (See Public documents.) Doorkeeper, when to be elected and term of office..................-...... 92 oath of office of........................................ 92 appointees of, subject to approval of Speaker.................. 92 to be elected by viva voce vote —-. —-.. —......................... 92 shall execute strictly rules in regard to admission on floor and in gallery. —............................ 92 shall take inventory of property in committee and other rooms 93 shall make report of United States property in his possession.. 93 shall announce messages from the Senate....... 93 other duties of................................... —-----—. 93 when to discharge certain duties of Clerk...... 94 Duties or taxes, motions for, to be first discussed in Committee of the Whole. 94 E. Education and Labor, Committee on..... -... —-. —... - 94 Elections by the House, House shall choose its Speaker and other officers.. 94 majority necessary in-blanks not counted........... 94 Speaker shall vote in —..-................. -.95 of other than members, must be previous nomination. 95 in all cases must be taken viva voce................ ——... 95 no person to visit Clerk's table during............... 95 when postponed, cannot be entered into before time arrives. -............. -.95 Elections by the House ordinarily held to be questions of privilege. (See President, Speaker, Clerk, Sergeant-at-arms, Doorkeeper, and Postmaster)..................... 95 Elections, Committee of, when to be appointed, and number of............... 9 its duties.......................................... 95 INDEX TO BARCLAY~S DIGEST. 239 Page. Elections, contested, House may decide-........................... 96 law in regard to, notice of contest.-.. 96 answer to notice................. 96 taking of testimony................... 96 testimony, &c., to be sent to Clerk... —. 96 right of debate, &c., to contestant, usually granted..... 99 held to be questions of privilege....................... 99 testimony to be taken in 90 days..-. - ---—. ---- 96 notice and places..................................... 97 depositions before whom to be taken..-.. ——.... —.. 97 notice to opposite party..-......................... 97 adjournment of taking testimony-................ 97 notice &c., to be attached to depositions................ 97 party notified may associate an officer to officiate with one named..97 proceedings in such cases.............................. 98 parties may consent in writing to take depositions without notice or before certain officers................... 98 written consent to be returned with deposition-... 98 parties may appear in person or by attorney...........- 98 duty of officers taking deposition... 98 depositions, how to be opened.......................... 98 Cl'erk may furnish copies of deposition.......... 98 no payment out of contingent fund to be paid contestants 98 Electoral votes. (See Peesident of the United States.) Enacting words, style of, what shall be.................................... 99 motion tostrike out, takes precedence of motion to amend. -. 99 if carried, is equivalent to rejection..... 99 where recommendation of, reported from Committee of the Whole.............. 100 question which arises on report of....... 100 Engraving, maps not to be printed without special direction............... 100 to be procured by Superintendent of Printing.................. 100 Committee on Printing to have direction of...-.... 100 to be referred to House members of Printing Committee.-. - 100 to the amount of $250, how awarded. (See also Printing, Public.) 101 Engrossed bills, to be on paper, executed in a fair, round hand. -... 101 to be signed by the Clerk....... 101 Enrolled bills to be on parchment. (See Enrolled bills, Committee on))-...... 101 Enrolled bills, Committee on, shall examine and report enrolled bills --------- 101 may report at any time........................ 102 after report by, Speaker shall sign............. 102 shall present to the President.................. 102 shall notify House of day of presentation. —---- 102 shall not present a bill on last day of session.. 102 Estimates of Appropriations must be addressed to the Speaker.............. 102 Executive Departments, calls on, shall lie over one day...................... 103 when adopted Clerk to deliver...................... 103 list of reports called for from, to be made out by Clerk 103 communications from, when considered............. 103 Excused from serving on committee. (See Committees.) Excusedffrom voting. (See Voting.) Expenditures, Committees on, when appointed and their number............. 104 their duties............................... 104, 105 F. Fees, against members discharged from custody I..................... 105 of Sergeant-at-arms for arrest, mileage, &c...................... 105 constructive mileage prohibited................. 106 240 INDEX TO BARCLAY'S DIGEST. Page. _Fees, Sergeant-at-arms prohibited from receiving any...................... 106 of witnesses summoned by authority of the House. 106 of Clerk for furnishing extracts from the Journal... —-.-. —... —. 106 Five minutes' debate, House may at any time close all debate in Committees of the Whole...................................... 106 allowed on amendments, after debate closed. —-- - -.. 106 may be closed after being had on an amendment, section, or paragraph. (See Committees of the Whole)......... 107 Floor, privilege of admission on, who shall have.-..........................- 107 Doorkeeper to execute strictly rule in regard to.-....... 107 Foreign Affairs, Committee on, when appointed, and number of...-..... 107 its duties.-.-............................. 107 Foreign ministers may be admitted within the hall......... 108 Frankiing privttege abolished............................... 108 Freedmen's AfGairs, Committee on. 108 Fridays and Saturdays set apart fbr private business... -—.. —-. 108 first and fourth in each month. (See Private Bills and Private Business)........................... 108 Furniture, limitation as to amount of, for any one year....... 109 G. Galleries, portion of, set apart for reporters................. 109 other portions set apart for visitors.-...-..-..-..-......... 109 in case of disturbance or disorderly conduct in.- -................. 109 Globe. (See Congressional Gtobe) - -........... 110 Governors of States admitted on the floor..-... - - - -.. -110 copy of Journal to be sent to......................... 110 H. ilall of the House, Speaker to have the direction of.... 110 not to be used except for legislative business..... 110 who may be admitted within........................... 110 Heads of Departments, admitted on the floor. - -..... —-. 111 Hour rule. (See Debate)... ------—............... —--. —. —-—. ——. ----—. 111 Hour of, motion of, acjournment, to be noted on Journal.-...-. -111 HIour of daily meeting, how fixed. —-...... -------.. —-------.. —. 111 when in order to fix................................ 111 Impeachment, House has sole power of..................................... 111 form of proceedings in case of.I.l..l....... 111 to 114 Indefinite postponement. (See Postlpone, motion to.) Indexes, to the Journal.....................-.............. 114 to the laws......................- -................. 114 to other documents..................... —- ----------—. ------- 114 Indian Affairs, Committee on, when appointed, and number of.-. 115 no duties assigned to..-... 115 Interiested, member not to vote where.-.. —-—. —- - -------—..- --—. 115 kind of interest alluded to ------------------................. 115 Internal improvemt ent bills, may be division of question on separate items of.. 115 Invalid Pensions, Committee on, when appointed, and number of.... 115 its duties-...-........... 115 INDEX TO BARCLAY'S DIGcEST. 241 Page. Jefferson's Manual, to govern where applicable and not inconsistent with rules 116 Joint resolutions, resolving clause of. 116 governed by the same rules as bills....................... 116 amendment of-. —----------------. —-----—...... 116 of State legislatures 116 distinction between bills and-.... 116,117 Journal, House shall keep and publish.................................... 117 what portions of; may not be published.-................,.... 117 yeas and nays to be entered on, on demand of one-fifth of members. 117 veto message, and yeas and nays thereon, to be entered on - 117 House may judge what are "proceedings"........................ 117 proceedings resulting from erroneous announcement of vote not to be entered on-.............................. 117 what not to be placed on...................... —----------.. —---.. — 118 Speaker shall examine, before it is read. -—..- ---------------- 118 when read --------------............................... —-. —.. 118 what portion of, not read.-....- —.. —-—. —-—. —-—... ——. 118 written motions to be inserted on. 118 motion to be entered on, must be entertained by Chair-.. —---- - 118 name of member offering petition to be entered on................ 118 hour of motion to adjourn to be entered on.-.- -..-.... 118 petitions to be entered on.-...................................... — -- --— 118 absentees on roll-call in Committee of the Whole to be entered on. 118 names of members not voting to be entered on.-............, 119 date of presentation of bill to be entered on. 119 demand to enter protest on, not a privileged question.-.. 119 vote to lay on table motion to amend, does not carry.............. 119 erroneous entry of a vote on, may be corrected.-. -----...-. 119 a vote under a misapprehension cannot be changed on. - 119 questions of order to be put together at end of.... 119 primary distribution of, when to be made-.. —--------- -..- -. 119 printed copy to be sent to governors and legislatures of States-.' 119 Journal, extracts from, shall be admitted as evidence in courts............. 119 Judiciary, Committee on, when appointed, and of what number............. 119 its duties.............. _............... 1.20 L. Laws of the United States, Little & Brown's edition of, to be contracted for, number contracted for, and distribution of. —-- 120 renewal of contracts for...................... 121 when approved, to be printed for the use of the House. — 1....................... 121 Library of Congress, first appropriation for-.-............................. 121 who are to make regulations for....................... 12'2 President appoints librarian of........................ 122 who may take books from.............................. 122 Joint Committee on................................... 122. who may take books from, privilege extended.- -—. — 122 law library established................................ 123 supreme judges to make regulations for. -. 123 Joint Committee on, when appointed, and of what number -. - - ---------- 123 its duties.......................... 123 Library of the House, two copies of all documents to be kept in............. 123 Lie on the table, motion to, for what purpose usually made -.. 123 precedence of. 124 B D 16 242 INDEX TO BARCLAY'S DIGEST. Page. Lie on the table, motion to, not debatable............................... 124 in general, carries whatever is connected with subject of it..... -...- -.-....... 124 exceptions to the foregoing —. 124 not precluded by order of the main question -.. 124 when it cannot be repeated...............-........ 124 in order at every new stage...................... 124 and motion to print, both pending. 125 a negative vote on, may be reconsidered -.-. —---- 125 effect of laying on table motion to reconsider.. 125 in order, pending consideration of Senate amendments to a bill.-...: 125 propositions which lie on the table one day without m otion.................................... 125 lithograplhing. (See Engraving.) Lobby, in case of disturbance in........................................ 125 M. Mace, to be provided for Sergeant-at-arms.-................................ loi to be borne by the Sergeant-at-arms when in execution of his office. 126 HMaps, not to be printed without special direction. (See Engraving) -.... 126 Mianufactures, Committee on, when appointed, and number of -.............. 126 no duties assigned to -,... 126 Meeting of Congress, on the first Monday in December annually.......... 126 on the call of the President...................... 126 usual proceedings at the first.....................,,...... 126 when members assemble.............................. 126 when called to order by the Clerk...-......... 126 first roll-call of members............................. 126 who shall be placed on roll........................... 127 election of Speaker ordered-........................ 127 tellers appointed.-........................... 127 nomination for Speaker.............................. 127 voting for Speaker.................................... 127 announcement of vote....-.. 127 where no one elected................... -............. 127 where Speaker elected................................ 127 conducted to chair and sworn........................ 128 in case of vacancy in the office of Clerk............. 128 members and Delegates sworn........................ 128 Senate notified of quorum, &c.. ——. —-------.. —--- 128 proceedings at the first, joint committee to wait on President.......................................... 128 rules of last House adopted..............-.......... 128 election of officers...................... 129 hour of daily meeting fixed........................... 129 newspapers ordered............................... 129 occasions of delay in the organization at............... 129 contested seats.-.............-.....-..-...... 129 chairman appointed................................. 129 failure of majority to elect.......................... 129 Clerk presides.................-............, -. 129 Speaker elected by plurality vote —----.. ——.. —-- 130 usual proceedings at a second session: roll called...................................... 130 Senate notified of a quorum..................... 130 committee to wait on President.................. 130 hour of meeting fixed.......................... 130 INDEX TO BARCLAY'S DIGEST. 243 Page. Members, qualifications of................................................ 130 who shall not be...,.......................................... 130 House shall judge of qualifications, &c., of. (See Elections, Contested) —..- —. —. ——. —--------------—. —----- 131 elections for, when and how held.-.......... 131 to be elected by single districts -............................ —-. 131 roll of, how made out at a meeting of Congress.................. 132 vacancies of, how filled....-...... 132 shall receive compensation....... -..-............. 132 oath to be administered to, by whom, and when. 132,146, 146 not to be appointed to office created during term of, &c.......... 133 Government officers not to be................................... 133 not to be appointed electors...- -. 133 privileges of. (See Privilege).................................... 133 may be expelled and punished............................. 133 right of, to resign............-... -............ 133 compensation of, in case of vacancy...... 133 bribery of......-.............................. 133 acceptance of bribes by... —.. —.. —..-.-...... 134 forbidden to act as claim agents for pay -................... 134 not to be interested in contracts. 134 not to practice in Court of Claims............................ 134 not to receive compensation for services where United States a party. 134 shall not be absent without leave. (See Compensation and Calls of the House).................... -..... 135 deportment of, in the House -- —................................. — 135 shall not visit Clerk's desk while vote is being taken......... 135 shall not vote where interested, or not in bar.................... 135 shall vote if in the House, if not excused...................... 136 in voting, names of, to be called alphabetically.-................. 1:36 need not serve on more than two committees.................... 136 Menmorials. (See Petitions.) Message from the President, giving information of the state of the Union, &c., to be sent from time to time.-... 136 annual, when communicated................. 136 how announced............................ 137 when taken up... p.......-. 137 always read...- 137 number of extra copies of annual, usually printed. (See Printing, Public.)-.. 137 should generally'be sent to both houses on same day..-..........-..........-..... 137 of approval of, or failure to return bills....... 137 of approval, to be read at Clerk's desk... 138 M71essages from the Senate, Doorkeeper shall aunnounce.........-........ 138 by whoni to be sent........ 138 may be received when in Committee of the Whole. 138 should be received at once....................... 138 where error committed in....................... 138 to be reported at Clerk's desk on announcement.. 138 Mileage, actual traveling expenses only allowed........................... 139 accounts for, to be kept by Sergeant-at-arms.................... 139 Mileage, Committee on, when appointed, and number of. 139 duty of........................................ 139 iiitary Affairs, Committee on, when appointed, and number of.......... 139 its duties.-....................... 140 Military Academy, three members to be appointed as visitors to............ 140 Militia, Committee on, when appointed, and number of. -.,.-.-. 140 its duties. —-—....... —---—. ——............. —---------- 140 Mines and Mining, Committee on, when appointed, &c.. -...... 140 244 INDEX TO BARCLAY'S DIGEST. Page. Modification of motions...-..-.........-... —---......-..-. 140 Morning hour, what is. —-------—.............. —.. ---- --—....... —-.. —--.. 140 when it commences to run...-... -..... 141 Morninq hour on Mondays...... —... 141 -Motions, when question of consideration of, to be put. —-—. ——. —- —.. 141 when made and seconded, to be stated, &c.-................... 141 shall be reduced to writing if required... 141 to be entered on the Journal, must be entertained.-... 141 may be withdrawn before decision or amendment..... 142 precedence of various............. -.......... -.-.-.142 member may submit more than one. —............................ 142 such as cannot be repeated at same stage, &c.. —............. - 142 may be committed at the pleasure of the House..... 142 always in order. —-—.......... —. —.... 143 precedence of, to commit or refer. —.............................. 143 to adjourn, hour of, to be entered on the Journal.... -.. 143 to strike out and insert, not divisible............................ 143 to strike out enacting words..................................... 143 original, in committee.......................-..... -.....-.. 143 (See the various motions under their r}espective cnames.) N. Naval Affiairs, Committee on, when appointed, and number of.-... —.- -. 143 its duties.............. 143 Newspapers, reporters for, to be admitted to galleries on conditions........ —- 144 Nominations, where necessary......................................... 144 Notices, of bills. ——.................. —---—.......-.. —-—..... ——... 144 of amendments to the rules................................ 144 O. Oat o, of members --—.. ——. —-—. —.........................................-. 145, 146 of officers-.......................... 145,146 of all persons employed by the Government - -....-.... 145, 146 who may administer.................... 146 Objection days, what are. (See Private Bills and Privcate Butsiness) -. ——... 147 Officers of the House. (See Elections by the RouIsc, also Speaker, Clerk, Serwgeantat-arms, Doorkeeper, and Postmaster. ) Order, the Speaker shall preserve-..................................... 147 appeal on questions of........................ —- -......... —.-.. 147 where member violates decorum. —-. —-- —. ——. —-. —-- ---.... 147 committee cannot punish breach of-....-..................... 148 during a division, Speaker to decide question of, peremptorily-.... 148 Speaker may call member by name when repeatedly called to...... 148 Sergeant-at-arms shall aid in the enforcement of -.....: -...... 148 pending the election of Speaker Clerk shall preserve --.......... 148 order of business. (See Business, Daily order of.) questions of. (See Appeal.) special. (See Special Ordelrs.) P. Pacific Railroad, Committee on............................................ 148 Papers, with wbom to be left in case of conference.... 149 House which has, to ask conference.............................. 149 withdrawal of.. —-.................................. 149 accompanying Senate bills............-........ 149 Parliamentary Practice, Jefferson's Manual to govern where applicable, &c. 149 INDEX TO BARCLAY'S DIGEST. 245 Page. Patents, Committee on, when appointed, and number of.................... 149 its duties.......................... -..- *.... 149 Pay of members. (See Compensation.) Personlal expclaation............................................... 150 Personality, to be avoided. (See Debate and Disorder)................... 150 lPetition's, shall pass free in the mails..-................................ —. 150 how presented, and to be entered on Journal........ 150 how ordered to be printed.................................. 150 from State legislatures......................................... 150 to be referred to the Court of Claims1.... 150 withdrawal of, from the files........................ -... 151 where it is desired to have presentation of, appear in newspapers. 151 that portion of Journal containing, not read.................... 151 name of member presenting, to be entered on.-................. 151 unreported on at end of first session to remain with committee. 151 Plurality, shall prevail on second ballot for committees................... 152 where Speaker has been elected by vote of...................... 152 Points of order. (See Alpleal.) Postage, no allowance to be made to members on account of........ - -152 Postmaster, election, term of office, and oath of.-.................... 145, 146, 152 appointees of, to be subject to approval of Speaker............ 153 duties of, to superintend post office of House.................. 153 to make return of United States property in his possession..... 153 other duties of -... -......... -.... — 153 Post Office and Post Roads, Committee on, when appointed, and number of —- 153 its duties-..... 153 Postpone, motion to, order in which to be put.- -- -............................. — - 153 not to be repeated on same day or stage-....:...... 154 indefinitely, when carried, not to be acted on during session..................................... 154 Postpone, motion to, order of business requires two-thirds vote -..- 154 debated on.-. —- -.-. 154 effect of affirmative vote, when time arrives.-.-.. 154 effect of previous question upon.... ----------------- 154 Preamble, postponed until other parts through. —.......................... 154 in committee, last to be considered............. —.............. 155 at what stage of bill to be considered in House.-... 155 subject to special demand of the previous question ------- - 155 President of the United States, to give information, &c., from time to time to Congress. —------------—. —-. ——. —- 155 may convene Congress on extraordinary occasions... —--------------- 155 may adjourn Congress where two houses disagree-.-.........................-....... 155 bills to be presented to, after passage - 155 his power over bills presented to him.-.. 155 must return bill in ten days................ 156 where he approves a bill..................... 156 where prevented from returning bill by adjournment. —. 156 bills to be enrolled before being presented to. 156 Committee on Enrolled Bills to present bills to 156 time of presentation of bills to, to be reported 156 no bill to be presented to, on last day of session 156 joint address to. 157 calls for information from, to be delivered by Clerk-. 157 form of call on............................. 157 opening and counting of votes for..-.. 157 246 INDEX TO BAIRCLAYIS DIGEST. Page. President of the United States, votes for, to be opened and counted on second Wednesday in February-... -... 157 mode of examining and counting. 157, 158 committee appointed to notify, of election... 159 when choice of, shall devolve on the House... 159 votes for, how taken.-........ 159 quorum for such purpose.................... 159 rules of the House in the election of-....... 159 where House fails to choose before 4th March.. 159 Previous question, order in which motion for, to be received.-............ 160 form of. —.. —...-.............. —-----------------—. 160 must be seconded by a majority.-.-............... —.... 160 effect of. ------ -.-.- --—....- 160 may be called on an amendment and not preclude further debate -...-...........,, I.......... 160 after the second of, a call not in order, unless no quorum present —... ——. ——.. —.... -...-,-.....-.. 160 right of members reporting not affected by. —------—. 160 no debate on, or on incidental questions.. 161 reconsideration of a preceding vote may be moved pending a demand of.-...............-.........-............ 161 yeas and nays not in order on seconding................. 161 effect of negative vote on ordering main question. -....... 161 member who has already spoken may move -............. 161 where vote taken under operation of, is reconsidered. 161 not in order to reconsider where partly executed --------- 161 may be moved on a resolution on resolution day.. A X - 161 is exhausted by an affirmative vote on reference. --.. 162 motion to recommit not in order after ordered.. —-.C —. I demand of, cannot be laid on the table................... 162 does not cut off instructions ------. —--- ------ -----—. 162 exhausted after vote on question of order, reconsideration, and postponement.-.......-.................... 162 modification not in order after second of, nor withdrawal.. 162 may be moved at same time with a resolution. —-- ----. 162 applies to questions of privilege —-- - ---- ------- 162 after second of, not in order to go into Committee of the Whole.......... —-- - -.. —-----—. 162 _Prnting, Public, Superintendent to have executed.-....................... 162 to be promptly executed- -----—.- --—.... - 163 none other than, to be executed in Government Office.- 163 Superintendent shall receive and deliver.................. 163 engravings required to illustrate.... -..-.. 163 condition, cost, &c., of, to be reported to Congress......... 163 regular number of documents to be printed. 163 of debates, &c., to be clone by Congressional Printer. 163 reporters of Globe to furnish report of proceedings, &c., to Printer............................................... 163 motion to print extra numbers.......................... 163,164 bills passed in one house and ordered printed for the other. 164 at what stage House bills are usually printed. —............ 164 maps not to be printed without special order -.-.. 164 of documents accompanying reports of heads of Departments............................................... 164 number of bills and joint resolutions limited —. 164 of "Commercial Relations "............................... 164 form and style of, to be determined by Superintendent - 165,168 heads of Departments to send manuscript to Superintendent..................... —-. —-------.......... —- 165 when reports are to be furnished..-....................... 165 INDEX TO BARCLAY'S DIGEST. 247 Page. Printing, Public, number and distribution of President's message....... 165 offers for carrying the mail not to be printed without special order.-. —........ —-.........v................ 166 Secretary of Senate to furnish copy of laws for printing 167 lithographing and engraving.-..167 of envelopes, &c., from steel or copper plate prohibited. 167 where extra copies are desired by any person........... 167,168 papers relating to foreign affairs -......................... 168 to be done only on written order....................... 169 of bills and resolutions, number of....-...... 169 Congressional Directory................................. 169 annual reports of executive Departments --—.. ——. —.. 169 report of the Secretary of the Navy..................-.. 169 estimates of paper required..................... 170 standard of paper to be fixed by joint committee-......... 170 advertisements for proposals for paper-. —--................... 170 contracts for paper to be awarded by ioint committee. - 170 duty of Superintendent on delivery, of paper.-............. 171 default of contractor for paper.... -—... —... ——... —-. - 171 no greater number of reports to be printed, unless otherwise directed......................................... 172 report of Postmaster General....-.. ——. - -- 172 office of Superintendent of; abolished, and that of Congressional Printer created...-.......... 172 Clerk of House to designate printer when Government Office unable to execute --—................. -—....... ----- 72 for Departments to be done at Government Printing Office........................ 172,173 no payments to be allowed when not done there.......... 173 extra copies, exceeding in cost $500, must be ordered by concurrent resolution................................... 173 Printing, Joint Committee on, to be appointed.... 173 power and duties of.. 173 motions to print extra copies to be referred to - 173 may cause sheets to be dry-pressed.......... 174 House members of, may direct binding of extra documents................................. 174 may control order in printing.-............ 174 may report at any time....................... 174 shall report on engraving, &c. 174 engravings to be procured under the direction of. 174 shall appoint persons to edit certain documents. 174 to direct engraving contracts..................-.. 174 to direct furnishing of extra documents. ---—. 174 shall have index to laws prepared... 174 shall report on engraving..................... 175 Priority of business, questions relating to, not debatable.. 175 Priority of questions..-.................................... 175, 176 Private bills and parivate business, distinction between public and....-.. 176 take precedence on Fridays and Saturdays. - 176 may be considered on other days....-.... 177 after disposing of, (on Fridays and Saturdays,) majority may determine what to consider-................. 177 on Fridays and Saturdays, a motion to go to private calendar takes precedence-.. -.. 177 from the Court of Claims -.............- - - -..... 177 by usage, go to private calendar... —.. 177 on first and fourth Fridays and Saturdays of month, private calendar taken up. (See Committee of the Whole)....... -...-... 177 248 INDEX TO BARCLAY'S DIGEST. Page. Private Land. Claims, Committee on, when appointed, and number of........ 178 its duty............................... 178 Privilege, from arrest......................-..... 178 members not to be questioned for speech'or debate.. —- --—. 178 House may expel its members......... —-......-.....-...-...- 178 penalties for breach of....................................... 178,179 Privilege, questions of, take precedence of other business.................. 179 duty of the Speaker in reference to.................. 179 cases of, which have arisen.....1.................. 179-181 previous question applies to..................... 181 Privilege ofthe floor. (See Viloor, privilege of admission on.) Privileged qu0estions, what are. —-----------... —-----------... —- - 181, 182 Protest, not a matter of right to present aid have entered on Journal.... 182 demand to enter on Journal not a question of privilege. -... 119 Public Buildings and Grounds, Committee on, when appointed, and number of its duties.............. —-----------—. 182 Public Documents, what are....-.. 182 each member to receive a bound copy of...... 183 additional copy of, to each member..................... 183 extra copies of, how distributed....................... --—. 183 two copies of, to be retained in library..-........-.. -183 (See also Printing, Public, and iranking Privilege.) Public ERpenditures, Comniittee on, when appointed, and number of. - _.... 183 its duties.................. —------- 183 Public Lands, Commnittee on, when appointed. and number of......-. 183 its duties..................................... 183 allowed a clerk-.... 184 Public Printing. (See Printing, Public.) Q. Questions, Speaker shall rise to put.................................. 184 how put —.-.... 184 decorum of members while being put-... -. 184 division of. (See Division of Question.) precedence of. (See Motions.) tie vote on.................-. 184 Quortum, a majority constltutes, for business......-...... 184 power of, less than-..................... 184 what constitutes —..-..... 184, 185 one-fifth of may order tellers.................................. 185 Journal read daily on appearance of.-., -185 want of, in Committee of the Whole, and on a division. 185 a count may be called for, when it is observed that, not present.. 185 R. Railways and Canals, Committee on, when appointed, and number of....... 186 its duties —,..... 186 Reading of papers, right of each member in regard to....-................. 186 how members may be deprived of right to.......... 186 where objected to, and construction of rule in regard to.. 186 which cannot be called for. —---...... 187 Recede, motion to, precedence of.-................................... 187 Reception. (See Consideration.) Recess, may be taken.-........... 187 motion for, a privileged question................................. 187 less than a quorum cannot take.....- -... 187 cannot be taken pending a call................................... 187 INDEX TO BARCLAY'S DIGEST. 249 Page. Recess, by adjournment for more than three days, requires consenti of Senate 188 Recommit, motion to, when in order....................................... 188 after engrossment of a bill. (See Commit, motion to).. - 188 Reconsider, motion to, who may make -....-................. 188 when to be made-.-..... 188 precedence of........-... 188 cannot be withdrawn after next succeeding day...... 188 any member may call up 188 who may make in case of a tie vote.................. 188 who may make, when less than a majority prevails.-. 188 where vote is not by yeas and nays any member may make............ —...-.-. 188 may be entered but not considered while another question pending............................. 189 may be entertained after papers gone from House.... 189 on private bill days --.. —.. —-—.. —-—. 189 effect of pendency of, where House adjourns sine die- 189 not in order where subsequent action has resulted which cannot be reversed. 189 not in order on bills introduced on Mondays.. 189 previous question is exhausted by vote on............ 190 cannot be made a second time, unless an amendment is subsequently adopted -------.......................... 190 orders of yeas and nays may be reconsidered..-,.... 190 also negative vote on motion to lay on the table.- 190 may be laid on the table... 190 laid on the table, not in ordqr to take up-..-... 190 an amendment after engrossment -.................... 190 engrossment pending demand of previous question on passage.......... —----------—......... 190 decided affirmatively, brings subject of, before House. 190 reconsideration of vote taken under previous question, effect of —----................................... 191 applies to previous question, but not where partly executed....................... 191 not in order on vote refusing to pass a vetoed bill nor on a vote on suspending the rules-.......... 191 when not debatable............................... 191 Refer.motion to. (See Commit, motion to.) Reporters, admitted to galleries under certain conditions... 192 must not be claim-agents. -.....-.-..- 192 of " Congressional Globe," occupy chairs in front of Clerk's desk, and to be furnished with printed bills, &c................... 192 of Globe to furnish report of proceedings, &c., to printer.. 193 to be officers of the House............................- -- 193 stenographic, and duties of......193 appointment of assistant stenographic........................ 193 of the associated press...................... —............ 193 Reports of committees, undetermined at the close of a session. (See Committee) 194 Reports of Courot of Claims. (See Claims, Court of.) Reports of officers of thIe Government, list of, to be made to Congress, to be prepared by the Clerk. 194 Resignation of a member, right of......................................... 194 Resolutions, distinction between "orders" and............................. 194 daily call for. 195 not debatable on day of presentation......................... 195 call for, when resumed-. 195 only one to be offered until all States and Territories called.. 195 call for, on Mondays................................. 195 previous question may be. called on, on Mondays.-......... 195 250 INDEX TO BARCLAY'S DIGEST. Page. Resolutions, name of member who offers, to be entered on Journal... 195 amendments to, not in order-. —.. ——. --- - -...... ——.-. 196 where concurrence of Senate is necessary....... 196 calling for information from the President or Departments. (See President and Executive Departments)..................... 196 Resolutions'of State and Territorial legislatures. (See Joint Resolutions.) Restaurant, in charge of Committee on Public Buildings and Grounds ------ 196 Revision of the Laws, Committee on, when appointed, and number of. —-...... 196 Revolutionary Claims, Committee on, when appointed, and number of- -... 196 its duties.....- - 196 Revolutionary Pensions, Committee on, when appointed, and number of.. —-- 197 its duties.... —.. 197 shall take charge of pensions to soldiers of 1812.. -............ 197 Rooms in the Capiitol, unappropriated, to be at the disposal of the Speaker.. 197 Rules, each House may determine its. -.. - - - - - - - -... - - -.... 197 not to be changed without one day's notice —------............... 197 motion to suspend, requires two-thirds, generally-................ 197 majority may suspend, to go into Committee of the Whole on the state of the Union, &c. -------—.. —. ----—. —. —-. — ---- 198 when in order to move suspension of —.-.. -.- -.................. 198 when not in order to move suspension of,. -..-..... 198 motion to suspend, not debatable nor amendable-..-.......... 198 pending motion for a recess, or to adjourn, not in order —1. ----------—.. —-.... —--------- 198 cannot be laid on the table or postponed indefinitely.. -.................................... 198 vote on, cannot be reconsidered................. 199 where suspension of, for a particular purpose. —....... —--—.. 199 no modification after suspension of..-..-.-. - 199 motion to suspend, may embrace several bills —........-..... 199 joint, may be suspended by a majority vote-......................... 199 cannot be changed under Color of amendment-.-...... 199 present, to continue, unless otherwise ordered................ 199 S. Saturday. (See Private Bills and Private Business.) Seats of members, what has been customary in regard to......... 199 removal of desks and seats —......... —-..-.... -. 199,200 restoration of the desks and seats —-—. —--------—.2. 200 form of resolution for the selection of.................... -200 not to be drawn for a second time during same Congress-. 200 Secret session, held when confidential communication made by the President, or upon suggestion by Speaker.-.2 —2.... 00 officers sworn to keep the secrets of the House-.............. 200 I-ouse need not publish Journal of proceedings of.-.. —....- 200 Senate, orders, &c., requiring concurrence of, to lie over one day ——. —-. 201 members of, and their Secretary, admitted within the hall. (See also Messages from the Senate). 201 Sergeant-at-arms, when to be elected, and term of office-..2....... 201 oath of office of...........-.......... 145, 146,201 vote for, to be taken viva voce-.......................... 201 his duties........ 201,202 excess of stationery to be deducted by, from pay of mem. bers.. —--—.-....-... —---------------- 202 shall give bond......................................-... 202 symbol of office........,................................. 202 fees of............. —-. 202 to discharge certain duties of Clerk in case of vacancy.... - 203 INDEX TO BARCLAY'S DIGEST. 251 Page. Sergeant-at-Arms appoint Capitol police, &c., and make rules concerning the Capitol................................ 203 to enforce 19th joint rule................................ 203 to make full return of Government property in his possession..-.............................................. 203 Smithsonian Institution, Regents of, to be appointed by the Speaker........ 204 report of, to be made to Congress annually.......... 204 SmokiNg, prohibited within bar or gallery................................ 204 Speaker, House shall choose.......................................... 204 when elected. ——......................................... —-- ----.... 204 oath of-..... -..................................... 145, 146, 204 by whom oath of, to be administered. (See Meetig of Congress).- 205 oath to be administered to members and Clerk by-..-..... 205 when, to act as President of the United States-.... 205 conpensation of. (See Compensation)-........................... 205 his duties, &c., when to call House to order.. -.................. 205 shall preserve order2........................ 205 bas preference in speaking to questions of order only 205 may submit questions as to proper practice in a given case.........- -.............. 205 shall rise to put a question...- -..... 206 form in which he shall put question.............. 206 when he may divide the House................. —-- --—. 206 when he may have tellers.................. - 206 decorum of members while, putting question or addressing the House................-....... 206 shall decide point of order during a division peremptorily.-. —.. —---—. —-. 206 breach of order by, not to put a question........ 206 when he shall vote —-............-........ 206 shall name member entitled to the floor.......... 206 shall call to order member transgressing rules in speaking.......... 207 when motion shall be, stated by...-.............. 207 may require a motion to be in writing........... 207 may put question of consideration when he deems it necessary................................. 207 shall examine the Journal....... 207 shall have direction of the hall.................. 207 shall name chairman for the day..... 207 where ill, Speaker pro tempore may be appointed.- 207 may be removed and Speakerpro tempore appointed 207 shall appoint chairman of the Committee of the Whole.- --—. —-------—. —. 207 shall appoint committees unless House direct otherwise. - —........ - -207 shall appoint three regents of the Smithsonian Institution.......... —-—........ —.... —---—....... 207 shall appoint three visitors to West Point -....... 208 may order the galleries or lobby cleared in case of disorder.-.......... —- ----—. —-. —-. ---—... 208 shall have direction of petitions presented....... 208 estimates of appropriations to be addressed to... 208 may admit reporters a d stenographers to the gallery 208 shall sign acts, writs, &c...................... 208 shall sign checks for compensation of members 209 amount of compensation of members to be certified by.-...... 209 certificates of, as to compensation, to be conclusive at the Treasury.............-................ 209 252 INDEX TO BARCLAY'S DIGEST. Page. Speaker, his duties, &c., shall fix amount and approve bond of Sergeant-atarms.................. 209 divine service in the hall not permitted without consent of................... 209 shall have disposal of rooms in the Capitol........ 209 with the Vice-President, prescribes rules in regard to the Capitol ------...................-.... —. 209 shall prescribe rules for part of Capitol occupied by House.-................. —---—. -----.. —- --- 210 with the Vice-President, shall fix pay of police of Capitol.-.................................. 210 duty of, where witness fails to appear or testify.... 210 pending election of, Clerk to preserve order,,.... 210 Speaker pro tempore, the Speaker may name, for the day. ---—. -—. — -—. 210 where Speaker ill, House may appoint.- - --- ------- 210 where House removes Speaker, it may appoint......... 210 Speaker's table. (See BEsiness onf Speaker's Table.) Special orders, made under a suspension of the rules......., 211 require two-thirds, except in case of general appropriation bills.................................. 211 forms of resolution for making............................. 211 may be postponed.-.-..................................... 211 where two, are made for the same day........-.............. 211 motion to suspend the rules not in order pending..,.... 212 debate on, in Committee of the Whole...-................... 212 State legislatures, resolutions of. (See Joint 2Resolutions.) Stationery, to be procured by contract...................................... 212 Clerk to advertise for proposals for.-..-.-. —-..- - -. 212 when proposals for, to be opened. -.. 212 to whom contract for, to be awarded.-..........................- 212 liability of contractor for, failing to supply..... 212 Clerk to purchase.......................................... 213 preference to be given to American manufacture in purchase of. 213 record of bills and invoices of, to be kept...................... -213 Clerk to deliver to members, &c.-............. 213, 214 where member receives more than his allowance................ — 213 compensation to be in lieu of allowance of 2............... 214 Stenographers. (See Reporters.) Strike out, motion to, and insert, not divisible.............................. 214 effect of, being lost -..... 2............-2...-.. 214 before put, paragraph may be perfected............... 214 and insert agreed to, to strike out words inserted not in order --—..2 ——. —----—.. ------ 214 portion of original paragraph including what was inserted, in order. (See........ 214 Strike out enacting clause. (See Enacting clause, mnotion to strike out.) Subpoenas, to be under hand and seal of Speaker, &c....................... 215 Sunday, House may determine whether to sit on-.. —-... X-... 215 Suspension of the rules. (See Rules.) T. Laxes, motion ror, to De nrst cuscussea in Committee of the Whole......... 215 Tellers, when vote to be taken by....................... 215, 216 of the vote in elections-... - -216 Territories, Committee on, when appointed, and number of.................. 216 its duties.-............ 216 Thanks to the Speaker, resolution of, in order at any time................... 216 Tie vote, in case of, Speaker to vote -........................-........... 216 INDEX TO BARCLAY~S DIGEST. 253 Page. Tie vote, Speaker to vote where his vote will make.. 217 effect of... —------- - ----. —-...................... —... -—.. 217 who may move reconsideration in case of.................. 217 U. UZfinlished business, when to be resumed-................................. 217 of previous sessions, when to be resumed -................ 217 from the Court of Claims.............................. -217 V. Veto, return of bill with objection —..............-....-..-............ -217 objections to be entered on the Journal and bill considered —. —--- 217 proceedings in case of -.. — - - -.........-... 218 yeas and nays shall be taken on vote of reconsideration............... 218 bill must be returned in ten days................................... 218 message read upon its reception. —..... 218 consideration may be postponed..... —-2.. —......... — 218 bill or message mlay be referred or laid on the table.................. 218 what is the main question in case of................................ 218 two-thirds necessary to pass bill after. -.... 218 motion to proceed to consider, privileged question....... 219 no reconsideration of vote taken on passage of vetoed bill...... 219 where President is prevented by adjournment from returning bill. -. 219 Viva voce, in election of officers,i vote to be taken. 219 Voting, different modes of. —--------------—.. —--.-....-.-.... 219 while engaged in, point of order to be decided peremptorily —..- 220 every member in House shall vote unless excused..-...... 220 when motion to be excused from, to be made. -......-..... 220 When motion to be excused from, not in order... -... 220 no member to vote where interested..-. —-.-. —---... 220 no member to vote if without the bar. (See Bar of the House).... 220, 221 where Speaker shall vote......................................... 221 effect of a tie vote.. —............................................. 221 member out on a conference, right to vote........................ 221 names of members not, to be recorded..............................221 member has right to change vote before result announced 21....... 221 record of vote cannot be amended because of misapprehension of question......................................... 221 W. Warrants, writs, ic., to be under hand and seal of Speaker, &c.-. —.... 221 Ways and Meais, Committee of, when appointed, and of what number.... 221 its duties....................... 221 authorized to employ a clerk_............... 222 West Point. (See Military Academy.) Withdraiwal of motions, when in order...................................... 222 Withdrawal of papers. (See Papmes.) Witnesses, are sullmoned by authority of the House 2... 222 subpoenas for, to be under hand and seal of Speaker -.......... 222 Sergeant-at-arms shall execute suibpcenas........................ 222 who may administer oaths to-.............. 222 fees of..........2................... 223 failure of, to appear or testify-penalties...... 223 duties of Speaker on failure of, to appear or testify............. 223 testimony of, not to be used against........................ 223 official paper produced by..................................... 223 254 INDEX TO BARCLAY'S DIGEST. Page. Witnesses, may be punished for perjury.- 24............. Writing, motions to be reduced to, if required.-....224 words excepted to, to be reduced to.2.... 2'24 Y. Yeas and nays, may be entered on Journal, if desired by one-fifth of members.................................................... 224 required to be taken on passage of vetoed bill. -.... 224 when demand for, may be made............................ 224 a quorum not necessary on ordering........................ 221 after refusal of, demand not in order........................ 225 order or refusal of, may be reconsidered................... 225 not in order on seconding demand for previous question. 225 not in order in Committee of the Whole-........ 225 in taking, names to be called alphabetically................ 225 Clerk's desk not to be visited while, being taken............ 225 after one response on, roll-call must progress............. 225 every member present shall vote unless excused............. 225 when motion to be excused to be made..................... 225 no member to vote where interested....................... 225 no member to vote when outside bar.-.... -.........-. -225 where member is absent................ —--—. --------. —. 226 vote may be changed before decision pronounced............ 226 record of, not to be changed because of misapprehension of question....................... 226 members of conference committee absent................... 225 nmames of members not voting to be recorded............... 226,rroneous record of vote by................................ 226 TO