6

been forcibly laid upon the table, all the disorder ceased, and the gentlemen went to their places. The speaker being sat spoke to this purpose: That to bring the house into order again, he took the chair, though not according to order.' No other entry appears in the journal than that' Mr. Speaker resumed the chair;' but the same report adds, that though some gentlemen excepted against his coming into the chair, the doing it was generally approved as the only expedient to suppress the disorder.'" 1

6

1985. A similar case has occurred more recently in the house of commons. "On the 27th February, 1810, a member who, for disorderly conduct, had been ordered into custody, returned into the house during the sitting of a committee, in a very violent and disorderly manner; upon which Mr. Speaker resumed the chair, and ordered the sergeant to do his duty. When the member had been removed by the sergeant, the house again resolved itself into the committee." 2

1986. The house has also been resumed on account of words of heat or dispute between members.3

CHAPTER FIFTH.

PROCEEDINGS ON GOING INTO A COMMITTEE OF THE WHOLE.

1987. A committee of the whole being usually appointed by a previous resolution, that the house will, on a certain future day, resolve itself into a committee of the whole, for the consideration of the subject in question,-which resolution is thus an order of the day for the day assigned,-when that day arrives, and the house is sitting, the first step is for a motion to be made, that the order of the day, for going into the committee, be read. If no such motion is made, or if made and negatived, the order drops; in which case, the reference of the subject to a committee of the

1 Grey, III. 129; May, 291.

2 Comm. Jour. LXV. 134; May, 292. The same practice prevails here. See J. of H. 25th Cong. 2d Sess. 1012, 1013, 1014; Same, 26th Cong. 1st Sess. 814; Same, 27th Cong.

1st Sess. 488, 846, 847; Cong. Globe, VI. 422; Same, VIII. 343.

3 Comm. Jour. X. 806; Same, XI. 480; Same, XLIII. 467; May, 292.

whole remains a subsisting order of the house, to be carried into execution at such other time as the house may think proper. If the motion is decided in the affirmative, the order is read, and the business which it contemplates is thus brought under the consideration of the house. The order being read, the house may either, 1, drop it; 2, discharge it; 3, postpone it; or, 4, proceed with it. 1988. I. If the house does not think proper to proceed with the business at that time, or to fix upon any future day for its consideration, the course is to let the order drop, without making any motion in reference to it. The business then stands precisely as if the house had resolved to refer the matter to a committee of the whole, and had stopped there, without appointing any time for resolving into the committee.

1989. II. If the house thinks proper to withdraw a subject from the. consideration of a committee of the whole, the course is to move that the order be discharged. If this motion is decided in the affirmative, the subject is then in the same predicament as before the order was made.

1990. III. If the house thinks proper to proceed with the order, but not until some future day, the course is to renew the order for such future day as may be agreed on, by a motion for that purpose. If this motion is decided in the affirmative, the business is then in the same situation as if the time so resolved upon had been originally resolved upon for going into the committee.

1991. IV. If the house thinks proper to proceed with the order, the course is to move, that the speaker do now leave the chair; and if this motion is decided in the affirmative, the speaker leaves the chair, and the committee proceeds with the business referred to it. But, upon this motion, it is still in the power of the house to drop the order or to postpone it to a future day. If the motion is decided in the negative, that is, that the speaker do not now leave the chair, and no further motion is made, the order drops. The effect of this is, that the house cannot resolve itself into the committee on the same day; and that the business stands in the same position, as if no order had been made for the appointment of the committee; but the order may be renewed at any time for a future day. The committee may also be postponed on this motion, without first deciding it in the negative, by means of an amendment. The motion being, "that the speaker do now leave the chair," a motion may be made to amend by leaving out all the words of the motion except the word "that," in order to insert the words "the house

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will," on such a day, "resolve itself into the said committee.” 1 This amendment may be so worded, either originally or by means of an amendment, as to postpone the committee to a day beyond the session; in which case, the measure is defeated altogether.

1992. When the order of the day for going into the committee has been read, and before the motion is made that the speaker do now leave the chair, the proper time occurs for moving instructions to the committee, and for referring petitions and other papers connected with the subject, to its consideration. If the motion for the speaker to leave the chair is first made, it must be withdrawn before a motion to instruct or refer can be made, unless the latter is put as an amendment, that is, that all the words of the motion but the word "that," be left out, in order to insert the instruction or reference as a substitute. This is the proper time, also, when there is to be a hearing before the committee, for the witnesses and counsel to be called in.2

1993. When the motion has been put and agreed to, that the speaker do now leave the chair, it is not in order for any member to speak; either addressing himself to the speaker, before he has left the chair,3 or to the clerk after he has left it. When the house has resolved itself into the committee, and the chairman has taken the chair, he proceeds to lay before the committee the business. referred to it.

CHAPTER SIXTH.

OF THE PROCEEDINGS IN COMMITTEE OF THE WHOLE.

1994. The general rule, in regard to the forms of proceeding in committees, both select and of the whole, is, that they are regulated by the same rules, in substance, by which analogous proceedings of the house to which they belong are regulated.5 Business proceeds therein by means of motions and resolutions; questions are

1 Hans. (3) IX. 675.

2 Parl. Reg. (2,) XVII. 152.

3 Hans. (3), LX. 647.

4 Hans. (1), XV. 302, 303.

5 It is provided, by a rule, in the house of representatives of the United States, and the

same, or a rule analogous to it, is very commonly inserted in the rules and orders of other legislative assemblies, that, "The rules of proceedings in the house shall be observed in a committee of the whole house, so far as they may be applicable."

put and taken; divisions take place and the rules of proceeding and debate are observed; in substantially the same manner, as in the house. Committees of the whole differ, in many respects, from the house. The differences, between the proceedings of committees of the whole and those of select committees, on the one hand, and those of the house, on the other, will appear in what follows.

SECTION I. QUORUM.

1995. A committee of the whole house consisting of all the members, the rule as to the number necessary to be present, in order to make a house, has been extended to committees of the whole. If, therefore, it should appear, at any time, that the number of members present is less than a quorum, (to be ascertained in the same manner as in the house,) that is, in the commons, forty, and in the lords, three, the chairman must immediately leave the chair of the committee, and the speaker resume that of the house. The chairman, then, by way of report, for he can make no other, informs the speaker of the cause of the dissolution of the committee. When the speaker is thus informed of the want of a quorum in the committee, he immediately proceeds in the same manner to determine whether there is a quorum then present in the house. If a quorum should appear to be present, the house may immediately, (and this is the usual course,) resolve itself again into the committee and proceed with the business. If a quorum should not appear to be present, the speaker adjourns the house, in the same manner, as when the number of members present falls below forty during the sitting of the house.1

SECTION II. AUTHORITY OF THE COMMITTEE.

1996. A committee of the whole, like other committees, deriving its authority solely from the resolutions and votes of the house, is, in like manner, confined within the powers delegated to it, and cannot consider any other matters than those which have been regularly committed to it, or in any other manner, than it is authorized, by the house.

1 May, 292. In our assemblies, the same rule prevails as to the necessity of a quorum, and the number of members to constitute it in committee of the whole. If on resuming

the house, a quorum does not appear to be present, the speaker either adjourns the house, or waits for a motion to that effect, as in other

cases.

1997. It is a consequence of this principle, that a motion for the previous question is not admissible in committee of the whole; inasmuch, as if the subject of a motion is not within the authority of the committee to consider, it may be suppressed on the ground of order; and, if within its authority, the consideration of it ought not to be suppressed at all.1

1998. It is a consequence of the same principle, that a committee of the whole cannot punish any of its members, or any other person, for disobedience to its orders, disregard of its authority, or disorderly conduct or words, in its presence; nor can it determine upon the form of proceeding which it ought to pursue when any question arises; in all which cases the matter should be reported to the house, to be determined upon or proceeded with there.2

1999. At the period when the grand committees for trade, grievances, courts of justice, etc., which were in fact committees of the whole house, were in use, the power to appoint subcommittees was considered as incident to them; but since these committees have been laid aside in practice, now nearly two hundred years, it has been held to be an established principle of parliamentary law, applicable alike to all committees, that, possessing only a delegated power themselves, they cannot delegate it even to their own members as a subcommittee. A committee of the whole may, however, by way of report, direct their chairman to move the house for the appointment of a select committee, with such powers as may be deemed necessary to take a particular subject into consideration.5

SECTION III. MAKING MOTIONS, AND SPEAKING IN COMMITTEE OF THE WHOLE.

2000. It is a rule, practically observed in committees of the whole, that a motion need not be seconded; but this rule has never been distinctly declared or recognized, as such; the propriety of it is sometimes questioned; and it is quite certain, that there is as much reason for requiring a motion to be seconded when made in committee, as when made in the house. It is the custom, how

1 May, 289.

2 May, 296; Hans. (3), XXXIV. 656; Hatsell, II. 270, 271, note; Comm. Deb. VI. 161. See also J. of H. 24th Cong. 1st Sess. 1209; Cong. Globe, III. 484.

3 Rushworth, IV. 19.

4 Hans. (1), XXXIX. 776, 777.

5 Parl. Reg. XLII. 81. See also Hans. (1), XII. 651. See also Lloyd's Deb. 131; Ann. of Cong. I. 122; Cong. Globe, XV. 32. * Hatsell, II. 112, note.