131. No sum or quantum of tax or duty, voted by a Committee of the Whole House, sha'l 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 No standing rule or order of the House shall be rescinded or changed without one day's notice being given of the motion therefor, (November 13, 1794;) nor shall any rule be suspended except by a vote of at least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.)

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 Repre sentatives. (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 documents printed by order of either House at each future session of Congress. (February 9, 1831.)

142. The Clerk shall make a weekly statement of the resolutions and bills (Senate bills inclusive) upon the Speaker's table, accompanied with a brief reference to the orders and proceedings of the House upon each, and the date of such orders and proceedings; which statement shall be printed for the use of the members.-(April 21, 1836.)

143. 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.—(July 4, 1832.)

144. The unappropriated rooms in that part of the capitol assigned to the House shall be subject to the order and disposal of the Speaker, until the further order of the House.-(May 26, 1824.)

145. 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.)

146. No committee shall be permitted to employ a clerk at the public expense, without first obtaining leave of the House for that purpose.-(December 14, 1838.)

147. No extra compensation shall be allowed to any officer, 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 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.)

JOINT RULES AND ORDERS OF THE TWO HOUSES.

1. 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 on 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 may be sent.-(November 13, 1794.)

3. The same ceremony shall be observed when a message 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, 1794.)

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 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.-(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 endorsed on the back of the roll, certifying in which House the same originated; which endorsement 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 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.

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.

14. Each House shall transmit to the other all papers on which any bill or resolution shall be founded.

15. After each House shall have adhered to their disagreement, a bill or resolution shall be lost. 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 liquors shall be offered for sale, or exhibited, within the capitol, or on the public grounds adjacent thereto.—(September 18, 1837.)

38

QUESTIONS OF ORDER

DECIDED AT THE SECOND SESSION OF THE TWENTY-EIGHTH CONGRESS.

JOHN W. JONES, OF VIRGINIA, SPEAKER.

WEDNESDAY, JANUARY 8, 1845.

Mr. John White raised the question of order: that, although under the 48th rule, a motion to fix a different day from that to which the House would adjourn, took precedence of a motion to adjourn, a motion to fix a different hour was not contemplated by the rule, and did not take such precedence.

The Speaker decided in favor of the question raised by Mr. White, and the decision was acquiesced in by the House.

MONDAY, FEBRUARY 3, 1845.

The main question having been ordered to be now put, the Speaker stated, on inquiry by member, that, if the House then adjourned, the putting of the main question would have precedence over every other kind of business at the next meeting of the House. The House acquiesced.

WEDNESDAY, FEBRUARY 26, 1845.

The title of the said bill was read, as follows: "An act to reduce the rates of postage, to limit the use and correct the abuse of the franking privilege, and for the prevention of frauds on the revenues of the Post Office Department;" when

Mr. Thompson moved to amend the same, by striking out all after the word "act," and inserting the following: "to make the Post Office Department a public nuisance, and to guaranty the tariff law of 1842."

Mr. Thompson proceeded to debate the merits of the bill; when he was called to order by Mr. Garrett Davis, on the ground that, upon a motion to amend the title, it is not in order to debate the merits of a bill.

The Speaker decided against the point of order raised by Mr. Davis, on the ground that the motion admitted of limited debate on the general principles of the bill.

From this decision Mr. Davis appealed.

And the question being put, Shall the decision of the Chair stand as the judgment of the House? It was decided in the affirmative.

THURSDAY, FEBRUARY 27, 1845.

The question recurred on agreeing to the foregoing amendment moved this day by Mr. McClelland, "to strike out all of the said amendment proposed by Mr. Steenrod, and all of the said bill (No. 541) after the word 'that,' where it first occurs after the enacting clause," and insert the said foregoing amendment as proposed by Mr. McClelland as a substitute for the whole bill.

Mr. McClelland demanded a division of the amendment, so as to take the vote first on so much thereof as relates to the purchasing the residue of the stock held by individuals in the Louisville and Portland Canal Company, and Louisville Dry Dock Company, and then on the remainder

of said amendment.

Mr. Tibbatts raised a question of order: that it is not in order to divide the amendment, inasmuch as it is a proposition to strike out and insert.

The Speaker (Mr. Hopkins occupying the chair pro tem.) decided that that portion of the amendment proposed to be inserted was divisible.

From this decision Mr. Tibbatts appealed.

And the question being put, Shall the decision of the Chair stand as the judgment of the House' It was decided in the affirmative.

FRIDAY, FEBRUARY 28, 1845.

A motion was made by Mr. Barnard that the rules be suspended; and that the House resolve tself into the Committee of the Whole House on the state of the Union.

The Speaker stated that, as the House had by a vote just decided that the House would proceed to dispose of the business on the Speaker's table and to the orders of the day, it was not in order to entertain a motion to suspend the rules until the business on the Speaker's table was disposed of.

From this decision Mr. Barnard appealed.

And the question being put, Shall the decision of the Chair stand as the judgment of the House?

House (No. 46) for

The House proceeded to the consideration of the joint resolution of the annexing Texas to the United States, with the Senate amendment thereto. A motion was made by Mr. Charles J. Ingersoll, that said resolution and amendment be committed to the Committee of the Whole House on the state of the Union.

And on this motion, Mr. Ingersoll moved the previous question.

Mr. Winthrop moved that the said resolution and amendment be referred to the Committee on Foreign Affairs.

The Speaker (Mr. Weller occupying the chair) decided that Mr. Winthrop's motion was not in order, the previous question having been moved.

Mr. Winthrop appealed, on the following grounds:

By the 132d rule of the House, this amendment must go to a Committee of the Whole, inasmuch as it involves an appropriation of money. No vote is required for this purpose; on the contrary, it would require a two-thirds vote to prevent it. The motion to refer to the Committee of the Whole is therefore void, as being a motion for that which the rules expressly command to be done. But the previous question, by the 50th rule of the House, would bring the House directly to a vote on the amendment, and would defeat and nullify the rule requiring the amendment to go to a Committee of the Whole. The motion for the previous question cannot, therefore, be entertained. Mr. W. held it to be the duty of the Chair to decide that the amendment would ultimately go to the Committee of the Whole under the rule, and without any vote; and, in the mean time, to entertain the customary motion to refer it for preliminary examination to the standing committee to which the subject belonged.

And the question being put, Shall the decision of the Chair stand as the judgment of the House?

Mr. Schenck raised the following question of order, and reduced the same to writing, as follows:

Mr. Schenck proposed to debate the motion to commit, claiming that the previous question was not now in order.

The Speaker decided that the previous question could now be called, and that debate was therefore not in order.

From this decision Mr. Schenck appealed, and stated his point of order, which was as follows: The previous question would cut off the motion to commit, and bring the House at once to a vote on the amendment from the Senate; but the amendment of the Senate containing an appropriation of money, could not be voted upon by the House until it had gone to the Committee of the Whole; and, therefore, the previous question in such case could not apply, and the debate was in order.

From this decision Mr. Schenck took an appeal to the House.

And the question being put, Shall the decision of the Chair stand as the judgment of the House?

It was decided in the affirmative, Neys,

122

22.