the Speaker shall name the member who is first to speak.April 7, 1789.

34. No member shall occupy more than one hour in debate on any question in the House or in Committee.*-June 13, 1842.

35. If any member, in speaking or otherwise, transgress 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, he shall be at liberty to proceed; if otherwise, he shall 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. - April 7, 1789, and March 13, 1822.

36. If a member be called to order for words spoken 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; 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.-September 14, 1837.

37. No member shall speak more than once to the same question, without leave of the Houses-April 7, 1789.

*Although this was not finally adopted as a rule of the House until the 7th July, 1841, motions had been repeatedly made to the same effect, for about 20 years preceding. In consequence of adopting the rules of the 26th Congress, at the 2d session, 27th Congress, the amendments (and this was one) made al the extra session of the 27th Congress fell. It was again adopted June 13,

1842.

† See rule 2, with note appended to it.

That part of this rule which is printed in italic was adopted on the 13th March, 1822, with the exception of the words "in case any member object," which were inserted on the 14th September, 1837.

§ This rule, as originally adopted on the 7th April, 1789, permitted a member to speak twice, and ended with the word House. It remained unchanged until the 14th January, 1840, when it was established as it now stands.

unless he be the 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. - January 14, 1840.

38. If a question depending be lost by adjournment of the House, and revived on the succeeding day, no member, who shall have spoken on the preceding day, shall be permitted again to speak without leave.*-April 7, 1789.

39. While the Speaker is putting any question, or addressing 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.-April 7, 1789. Every member shall remain uncovered during the session of the House. - September 14, 1837. member or other person shall visit or remain by the Clerk's table while the ayes and noes are calling, or ballots are counting. September 14, 1837.

No

40. No member shall vote on any question in the event of which he is immediately and particularly interested,† or in any case where he was not within the bar of the House when the question was put.‡-April 7, 1789. And when any member shall ask leave to vote, the Speaker shall propound to him the question-" Were you within the bar when your name was called? - September 14, 1837.

41. Upon a division and count of the House on any

*There is no proceeding in the House to which this rule can be applied. It was originally framed in reference to that law of Parliament which says that all pending questions are lost by adjournment, and to be again considered must be moved anew. In the rules as revised and established on the 7th January, 1802, the prohibition to speak on the next day was confined to those who had spoken twice on the preceding day. It so remained until the 14th January, 1840, when the word twice was left out.

†Of late, differences of opinion have occasionally arisen as to the kind of interest alluded to in this rule. It has been contended to apply to members who were merchants or manufacturers, or engaged in other business to be affected by tariffs or other bills touching rates of duties, &c. This construction has never been sustained by the House. The original construction, and the only true one, is direct personal or pecuniary interest.

As originally adopted, the word present was used in this rule where the words "within the bar of the House" now appear. The alteration was made on the 14th September, 1837.

question, no member without the bar shall be counted.November 13, 1794.

42. Every member who shall be in the House when the question is put shall give his vote, unless the House, for special reasons, shall excuse him.*- April 7, 1789. 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 any member requesting to be excused from voting may make a brief verbal statement of the reasons for making such request, and the question shall then be taken without further debate. - September 14, 1837.

43. When a motion is made and seconded, it shall be stated by the Speaker; or, being in writing, it shall be handed to the Chair, and read aloud by the Clerk, before debated. April 7, 1789.

44. Every motion shall be reduced to writing, if the Speaker or any member desire it. - April 7, 1789. Every written motion 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.-March 26, 1806.

45. After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in the possession of the House, but may be withdrawn at any time before a decision or amendment.-April 7, 1789.

46. When a question is under debate, no motion shall be 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†

March 13, 1822; and no motion to postpone to a day certain, 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.

47. When a resolution shall be offered, or a motion made, 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. - March 13, 1822.

48. A motion to adjourn, and a motion to fix the day to which the House shall adjourn, shall be always in order* April 7, 1789, and January 14, 1840; these motions, and the motion to lie on the table, shall be decided without debate.†-November 13, 1794; March 13, 1822

49. The hour at which every motion to adjourn is made shall be entered on the Journal. - October 9, 1837.

50. The previous question shall be in this form: "Shall the main question be now put?" - April 7, 1789. It shall only be admitted when demanded by a majority of the

day certain; 4th, to lie; 5th, to commit; 6th, to amend; 7th, to adjourn. On the 23d December, 1811, the order was changed as follows: 1st, st, to adjou to adjourn; 2d, to lie; 3d, the previous question; 4th, to postpone indefinitely; 5th, to postpone to a day certain; 6th, to commit; 7th, to amend. On the 13th March, 1822, they were classed as above, and were declared, for the first time, to have precedence according to their arrangement; previous to which, the notions of the Speaker often governed as to the precedence of these motions; and hence the direction of the rule.

*It has been decided and acted upon, that, under this rule, "a motion to fix the day to which the House shall adjourn" takes precedence of a motion to adjourn. The reason of this decision is, that, before the House adjourned, it was proper to fix the time to which it should adjourn. To this decision, and upon this reasoning, no objection has been made.

In the first rules established by the House on the 7th April, 1789, it was directed that "when the House adjourns, the members shall keep their seats until the Speaker go forth, and then the members shall follow." This rule was left out of the rules established 13th November, 1794. On the 13th March, 1822, a rule was adopted prohibiting a motion to adjourn before four o'clock, if there was a pending question; it was rescinded on the 13th March, 1824. On the 13th March, 1822, a rule was also adopted against the rising of the Committee of the Whole before 4 o'clock, which was abrogated on the 25th March, 1824.

members present*-February 24, 1812; and its effects shall be to put an end to all debate, and bring the House to a direct vote upon amendments reported by a committee, if any, then upon pending amendments, and then upon the main question. - January 14, 1840. On a motion for the previous question, and prior to the seconding of the same, a call of the House shall be in order; but after a majority shall have seconded such motion, no call shall be in order prior to a decision of the main question.†-Sept. 14, 1837.

51. 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.

52. When a question is postponed indefinitely, the same