5. ON DIVISION OF QUESTION FAILURE TO COMMIT WITH INSTRUCTIONS, BOTH BRANCHES FALL ALIKE.

35th Cong., 2d sess.; J., pp. 315, 316.]

FEBRUARY 14, 1859.

The Senate proceeded to consider the report of the Committee on the Judiciary on the memorial of the State of Indiana in relation to the Senators from Indiana, with the reported resolution, that the Committee on the Judiciary be discharged from the further consideration of the memorial of the Legislature of Indiana.

After motions by Mr. Seward and Mr. Pugh to amend,

On motion by Mr. Harlan,

"That all the papers in this case be recommitted to the Committee on the Judiciary with instructions to inquire whether Graham N. Fitch and Jesse D. Bright or Henry S. Lane and W. M. McCarty, or any one of them, has been elected to the office of Senator of the United States from the State of Indiana, as provided by the Constitution of the United States and in accordance with the laws and usages of the State of Indiana, and report the facts connected with and bearing on the supposed election of each to the Senate, and that the contestants be allowed to appear at the bar of the Senate when such report shall be made and argue their right to seats."

After debate, a division of the motion made by Mr. Harlan was called for by Mr. Stuart; and the question being taken on the first division, viz: "That all the papers in this case be recommitted to the Committee on the Judiciary," it was determined in the negative: Yeas, 14, nays, 32.

So the motion to recommit with instructions was disagreed to.

[The Vice President (John C. Breckinridge) held that the second branch of the motion fell with the rejection of the first branch. (See Cong. Globe, 35th Cong., 2d sess., p. 1019, and Appendix, pp. 128–148.)]

COMMITTEE OF THE WHOLE.

1. Presiding Officer retains chair when Senate is in.

2. Proceedings in, in Senate are unique.

3. Standing rules generally apply in.

4. On motion made in, to refer to a special committee.

5. Amendment made in, not susceptible of division in the Senate.

6. Amendment made in, may be laid on table in the Senate.

7. A question of order may be made in the Senate, after the bill is reported from the.

The Committee of the Whole is an ancient parliamentary institution. The Continental Congress frequently resolved itself into such committee for the consideration of the more important business before it, and also for giving audience to foreign ministers. (See Journal of Continental Congress, February 13, 1779.) The Federal Convention, called to frame the Constitution, met May 14, 1787, and adjourned from day to day until the delegates arrived. On May 29 it was "Resolved, That the House will meet to-morrow to resolve itself into a Committee of the Whole House to consider of the state of the American Union." A similar motion was thereafter agreed to from time to time. (See Bulletin No. 3, Department of State, January, 1894, p. 55.)

Early in the first session of the First Congress, May 21, 1789, it was resolved in the Senate "that all bills on a second reading shall 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 agreeable to the standing rules, unless otherwise ordered." (1st Cong., 1st sess.; J., p. 28.) Prior to this date but one bill had been passed by the Senate, a bill "to regulate the time and manner of administering certain oaths." (May 7, 1789; J., p. 23.)

This provision, in almost exact words, was adopted as part of one of the standing rules of the Senate on March 26, 1806. (9th Cong., 1st sess.; J., p. 66.) This rule also provided that "in the absence of the Vice President, when the Senate consider a treaty, bill, or resolution, as if they were in Committee of the Whole, the President pro tempore may call a member to fill the chair during the time the Senate shall remain in Committee of the Whole; which chairman is hereby vested, during said time, with all the powers of the President pro tempore, were he to remain in the chair."

1. PRESIDING OFFICER RETAINS CHAIR WHEN SENATE IS IN.

In the earlier Congresses it was quite customary for the Presiding Officer to call some Member to the chair to preside during the sitting as in Committee of the Whole, but in more recent years it is the exception when such action is taken.

2. PROCEEDINGS IN, IN SENATE ARE UNIQUE.

The proceedings in the Senate as in Committee of the Whole are widely different from those in the British Parliament, the House of Representatives, and, in fact, from those of any other parliamentary body. The Senate rule governing is as follows:

"RULE XV. All bills and joint resolutions which shall have received two readings shall first be considered by the Senate as in Committee of the Whole, after which they shall be reported to the Senate; and any amendments made in Committee of the Whole shall again be considered by the Senate, after which further amendments may be proposed.

"When a bill or resolution shall have been ordered to be read a third time, it shall not be in order to propose amendments, unless by unanimous consent, but it shall be in order at any time before the passage of any bill or resolution to move its commitment; and when the bill or resolution shall again be reported from the committee it shall be placed on the calendar, and when again considered by the Senate it shall be as in Committee of the Whole." (Jefferson's Manual, Secs. XXVI, XXX.)

3. STANDING RULES GENERALLY APPLY IN.

In practice the Senate as in Committee of the Whole considers the pending matter, and upon the conclusion of their consideration the Presiding Officer announces to the Senate that the Senate, as in Committee of the Whole, has considered, etc., when the functions of the Committee of the Whole cease. The bill is then before the Senate, as it would have been if reported from a standing or select committee.

During the consideration of a measure as in Committee of the Whole, the yeas and nays may be demanded and entered on the Journal; a motion to adjourn, or take a recess, or postpone, or to commit, may be made as in the Senate. In fact, the parliamentary practice in the Senate gives evidence that when it is acting as a committee it is competent to do any act the Senate may do. Amendments proposed during such sitting are not noted upon the Journal unless the yeas and nays are taken thereon. If several amendments have been made as in Committee of the Whole, it is customary for the Presiding Officer, when the measure is reported to the Senate, to ask if any Senator desires separate action upon any amendment or amendments. If not, the vote upon the amendments is taken together. If there are reservations, the vote is first taken upon all others agreed to as in Committee of the Whole, and then separate votes are taken upon the amendments reserved. This being done, the Presiding Officer pauses to give time for other amendments to the text of the measures and, when through, puts the question whether it shall be read a third time.

4. ON MOTION MADE IN, TO REFER TO A SPECIAL COMMITTEE.

After progress in amending a measure in quasi committee a motion may be made to refer it to a special committee, and, if such motion prevails, it is equivalent in effect to a motion that the committee rise, that the Senate resume itself, discharge the Committee of the Whole, and refer the bill to a special committee. In that case the amendments already made fall. But if the motion fails the quasi committee stands in statu quo.

5. AMENDMENT MADE IN, NOT SUSCEPTIBLE OF DIVISION IN THE SENATE.

41st Cong., 2d sess.; J., pp. 716, 717.]

MAY 27, 1870.

The Senate resumed the consideration of the bill (H. R. 974) making appropriations for the legislative, executive, and judicial expenses, etc., and the question being on

concurring in an amendment made in Committee of the Whole [relative to the compensation and classification of female clerks, copyists, and counters, etc., and authorizing the heads of the several departments to appoint such],

The amendment having been amended on the motion of Mr. Trumbull,

On the question to concur in the amendment as amended, Mr. Hamlin called for a division, so that it be first put on that portion of the amendment regulating the compensation and classification of female clerks.

The Vice President (Mr. Colfax) stated that in the opinion of the Chair the amendment having been agreed to in Committee of the Whole, it was not susceptible of division, but that he would submit the question to the Senate.

And the question being put by the Chair, "Is the amendment susceptible of division?" it was determined in the negative. (See Cong. Globe, pp. 3890, 3891.)

6. AMENDMENT MADE IN, MAY BE LAID ON TABLE IN THE SENATE. 46th Cong., 3d sess.; J., p. 231.] FEBRUARY 9, 1881.

The Senate resumed the consideration of the bill (H. R. 6532) making appropriations for the payment of invalid and other pensions, etc.

The question being on the amendment proposed by Mr. Hoar to an amendment made in Committee of the Whole.

After debate, on motion made by Mr. Booth to lay the amendment made in Committee of the Whole on the table, Mr. Edmunds raised a question of order, viz, that an amendment made in Committee of the Whole could not in the Senate be laid on the table.

The Presiding Officer (Mr. Harris in the chair) overruled the question of order, and decided that the motion was in order.

Mr. Edmunds appealed and the Chair was sustained.

The question recurring upon the motion of Mr. Booth to lay the amendment on the table, it was determined in the affirmative-yeas 27, nays 18. (See Cong. Record, p. 1376.)

7. A QUESTION OF ORDER MAY BE MADE IN THE SENATE AFTER THE BILL IS REPORTED FROM THE.

62d Cong., 2d sess.; J., p. 478.]

JULY 24, 1912.

SUNDRY CIVIL APPROPRIATION BILL.

On motion by Mr. Warren,

The Senate resumed the consideration of the bill (H. R. 25069) making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1913, and for other purposes.

On the question to concur in the amendment on page 120, line 10, as follows:

Semicentennial exposition.

For expenses semicentennial exposition: For celebration of semicentennial anniversary of the act of emancipation, as provided by "An act providing for the celebration of the semicentennial anniversary of the act of emancipation, and for other purposes," approved April third, nineteen hundred and twelve, $250,000.

Mr. Smith of Georgia raised a question of order, viz: That the amendment proposed general legislation to an appropriation bill, is not estimated for, is not reported from any committee, and therefore not in order under the rule.

The President pro tempore (Mr. Gallinger) sustained the point of order. (See Cong. Record, p. 9532.)

[NOTE. It will be observed that the question of order was raised in the Senate after the bill had been reported from the Committee of the Whole to the Senate on an amendment agreed to in the Committee of the Whole.]

62d Cong., 3d sess.; J., p. 243.]

FEBRUALY 27, 1913.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 28775) making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1914, and for other purposes:

No further amendment being proposed, the bill was reported to the Senate and the amendments made in the Committee of the Whole were in part concurred in.

On the question to concur in the following amendment, viz, add at the end of the bill the following:

To carry into effect the provisions of Senate bill passed April second, nineteen hundred and twelve, providing for the celebration of the semicentennial anniversary of the act of emancipation, and for other purposes, $250,000.

Mr. Smith of Georgia raised a question of order, viz, that the amendment proposes general legislation to an appropriation bill, is not estimated tor, and is therefore not in order under the rule.

The PRESIDENT PRO TEMPORE (Mr. Gallinger) submitted the question to the Senate, Is the amendment in order?

It was determined in the negative.

(See Cong. Record, pp. 4201, 4202.)

[NOTE. It will be observed that the question of order was raised in the Senate after the bill had been reported from the Committee of the Whole to the Senate, on an amount agreed to in the Committee of the Whole.]