the House, 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. 116. 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. *- April 7, 1789. 117. 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 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-Νου. 13, 1794; if no motion be made to commit, the question shall be sta-( ted on its engrossment; and if it be not ordered to be engrossed on the day of its being reported, it shall be placed in the general file on the Speaker's table, to be taken up in its order-September 14, 1837. But, if the bill be ordered to be engrossed, the House shall appoint the day when it shall be read the third time. - November 13, 1794. 118. Not more than three bills, originating in the House, shall be committed to the same Committee of the Whole; and such bills shall be analogous in their nature, which analogy shall be determined by the Speaker. - December 29, 1817. *But not on the day of its introduction; that is prohibited by rule 115. The meaning of the rule is, that it passes to its second reading the next day "without motion or question;" it is the duty of the Speaker, then, to take it up, and give it the second reading when clearing his table under the 26th rule. 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 House." 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 now 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. When a bill is read the first time, and no disposition of it be moved, it remains on the Speaker's table, to receive its second reading on the next day, as matter of course, in the 3d class of the 26th rule. 119. 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. 120. After commitment and report thereof to the House, or at any time before its passage, a bill may be recom. mitted.†-April 7, 1789. 121. All bills ordered to be engrossed shall be executed in a fair round hand. - April 7, 1789. 122. No amendment by way of rider shall be received to any bill on its third reading. - April 8, 1814. 123. When a bill shall pass, it shall be certified by the Clerk, noting the day of its passage at the foot thereof.April 7, 1789. Of Committees of the Whole House. 124. It shall be a standing order of the day, throughout the session, for the House to resolve itself into a Commit *The Manual states, that if a committee be opposed to the whole paper or bill, and think it cannot be made good by amendment, the committee cannot reject it, but must report it back to the House without amendment, and there make their opposition. In 1814, a Committee of the Whole struck out the first and only section of a bill, and so reported to the House. Mr. Speaker Cheves refused to receive the report, on the ground that it was tantamount to a rejection of the bill, which the committee had not power to do. After this, that the merit of questions might be tested in Committee of the Whole, rule 119 was adopted. The Manual provides that a paragraph or section may be first amended by its friends, so as to make it as perfect as they can before the question is put for striking it out. By this rule, (i. e., rule 119,) it is expressly established that a motion to strike out, for the purpose of destroying, shall be paramount to a motion to amend. Rule 136 provides that the Manual shall govern in cases in which it is applicable, where it is not inconsistent with established rules. In the case, then, of giving precedence to motions to insert or to amend, over motions to strike out or reject, it is clearly inconsistent with an established rule; and consequently the practice of the House for the last few years has been in violation of the 119 rule. †A difference of opinion often arises as to the construction of this rule. Anciently, it was held and practised upon according to its terms, that a bill could be recommitted at any time before its passage. Of late years, it has been decided that, if the previous question on its passage be ordered, a motion to recommit is not in order, but that the question must be put on the passage of the bill. I think the practice unsound. The intention of a recommitment is for the purpose of perfecting the bill, and it is endangered by forcing its passage in an imperfect state. 1 tee of the Whole House on the state of the Union.*-April 7, 1789. 125. 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.†-April 7, 1789. 126. 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 7, 1789. 127. All amendments made to an original motion in committee shall be incorporated with the motion, and so reported. April 7, 1789. 128. 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. 129. All questions, whether in Committee or in the House, shall be propounded in the order in which they were moved, except that, in filling up blanks, the largest sum and longest time shall be first put.§-April 7, 1789. *For more than forty years it was held and practised, under this rule, that the House could resolve itself into a Committee of the Whole on the state of the Union at any time. Recently, however, a different practice prevailed, it being held that several of the rules prescribing the order of business, as well as special orders, interposed to prevent it; in consequence of which, the House, OF on the 1st June, 1840, amended the 133d rule so as to go into Committee of W the Whole on the state of the Union at any time: in other words, restored the to ancient practice under the 124th rule. † 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 November, 1794, the rule was amended by adding " by the Speaker." 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. 130. No motion or proposition for a tax or charge upon the people shall be discussed the day in 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. 131. 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. 132. All proceedings touching appropriations of money, shall be first discussed in a Committee of the Whole House.* November 13, 1794. 133. 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-April 7, 1789; but no member shall speak twice to any question, until every member choosing to speak shall have spoken. - December 17, 1805. 134. No standing rule or order of the House shall be rescinded or changedt without one day's notice being given of the motion therefor-November 13, 1794; nor shall any rule be suspended, except by a vote of at least two-thirds of the members present-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.-April 26, 1828. The House may, at any time, by a vote of a majority 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; and also for providing for the discharge of the Committee from the further consideration of any bill referred to it, after acting, without debate, on all amendments pending, and that may be offered.*- March 11, 1844. * 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. † The words " or changed" were added on the 23d December, 1811. This rule was amended at this place, June 18, 1841, [extra session 27th Congress,] by inserting these words: "It shall not be in order to move a suspension of the rules for any purpose, until after the daily call for petitions, reports of committees, and resolutions shall be completed, except for a motion to proceed to the orders of the day." At the commencement of the next session, the House adopted the rules of the 26th Congress, by which this and all other amendments made at the extra session fell. 135. It shall be in order for the Committee on Enrolled Bills to report at any time. — March 13, 1822. 136. 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 inconsistent with the Standing Rules and Orders of the House, and the Joint Rules of the Senate and House of Representatives. September 15, 1837. 137. No person shall be permitted to perform divine service in the chamber occupied by the House of Representatives, unless with the consent of the Speaker. - May 19,1804. 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 two dollars; for each mile he shall travel in coming to or going from the place of examination, the sum of ten cents each way; but nothing shall be paid for travelling home when the witness has been summoned at the place of trial.-June 5, 1832. 139. 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. - June 18, 1832. 140. There shall be retained in the library of the Clerk's office, for the use of the members there, and not to be withdrawn therefrom, two copies of all the books and printed documents deposited in the library. - December 22, 1826. 141. The Clerk shall have preserved for each member of the House an extra copy, in good binding, of all the docu *December 4, 1843, the rules of the 27th Congress were adopted, with the exception of this rule. On the 11th March, 1844, this rule was re-adopted. |