then be shut, and those for whom no excuse or insufficient excuses are made may, by order of those present, if fifteen in number, be taken into custody as they appear, or may be sent for and taken into custody, wherever to be found, by special messengers to be appointed for that purpose.-November 13, 1789, and December 14, 1795.

[The rule as originally established in relation to a call of the House, which was on the 13th November, 1789, differed from the present rule in this: there was one day's notice to be given, and it required a vote of the House, and not fifteen members, to order a member into custody. It was changed to its present form on the 14th December, 1795. On the 7th January, 1802, it was changed back to its original form to require "an order of the House" to take absent members into custody, and so remained until the 23d December, 1811, when it was again changed to what it is now-i. e., fifteen members.]

37. When a member shall be discharged from custody and admitted to his seat, the House shall determine whether such discharge shall be with or without paying fees; and in like manner whether a delinquent member, taken into custody by a special messenger, shall or shall not be liable to defray the expenses of such special messenger.-November 13, 1794.

ON MOTIONS, THEIR PRECEDENCE, ETC.

38. 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.

39. 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written motion made to the House shall be inserted on the journals with the name of the member making it, unless it be withdrawn on the same day on which it was submitted.-March 26, 1806.

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is stated by the Speaker or read by the Clerk, it shall be deemed to be in the possession of the House; but may be withdrawn at any time before a decision or amendment.-April 7, 1789.

41. When any motion or proposition is made, the question "Will the House now consider it?" shall not be put unless it is demanded by some member or is deemed necessary by the Speaker.-December 12, 1817.

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42. 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.

[This rule, as originally established, April 7, 1789, read thus: "When a question is under debate, no motion shall be received unless to amend it, to commit it, for the previous question, or to adjourn." On the 13th of November, 1794, the motion to postpone to a day certain was introduced next after the previous question. On the 17th December, 1805, the rule was changed as follows: 1st, the previous question; 2d, to postpone indefinitely; 3d, to postpone to a 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, 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 oftened governed as to the precedence of these motions; and hence the direction of the rule.]

43. 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, 1825.

44. 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.

[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 goes 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 of March, 1822, a rule was also adopted against the rising of the Committee of the Whole before four o'clock, which was abrogated on the 25th of March, 1825.]

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

46. Any member may call for the division of a question, before or after the main question is ordered-March 16, 1860-which shall be divided if it comprehend propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the House.-September 15, 1837. A motion to strike out and insert shall be deemed indivisible-December 23, 1811; but a motion to strike out being lost, shall preclude neither amendment nor a motion to strike out and insert.-March 13, 1822.

47. Motions and reports may be committed at the pleasure of the House.-April 7, 1789.

48. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.March 13, 1822. No bill or resolution shall, at any time, be amended by annexing thereto, or incorporating therewith, any other bill or resolution pending before the House.-September 15, 1837.

[This rule was originally established on the 7th April, 1789, and was in these words: "No new motion or proposition shall be admitted under color of amendment, as a substitute for the motion or proposition under debate." On the 13th March, 1822, it was changed to its present form, in which the words new and substitute do not appear.]

[The latter clause of this rule was adopted at the first session of the Twenty-fifth Congress; and as originally reported by the committee, the following words were contained at the end of it: "Nor by any proposition containing the substance, in whole or in part, of any other bill or resolution pending before the House." These words were stricken out by the House before it would agree to the rule; by which it would seem to be decided that a bill or resolution might be amended by incorporating therein the substance of any other bill or resolution before the House. Such has been the general practice of the House.]

49. When a motion has been once made, and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsideration thereof―January 7, 1802— on the same or succeeding day-December 23, 1811; and such motion

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shall take precedence of all other questions, except a motion to adjourn-May 6, 1828-and shall not be withdrawn after the said succeeding day without the consent of the House; and thereafter any member may call it up for consideration.-March 2, 1848.

[A difference of opinion and a discrepancy in action have sometimes occurred in administering this rule. Twenty years ago, and previously, a motion to reconsider could not be made after the subject was disposed of, if there was another subject before the House, until that subject had passed away; it was then often too late to make the motion. It was under this practice that Mr. Randolph was unable to move a reconsideration of the settlement of the celebrated Missouri question (notice of which he gave out of time), as, before he could do so, the bill had been taken to the Senate. The practice of late years has been changed, so as to allow the motion to reconsider to be made at any moment within the prescribed time. If the motion be made when a different subject is before the House, it is entered, and remains until that subject is disposed of, and then "takes precedence of all other business, except a motion to adjourn." When any final vote has been taken, and a motion made to reconsider, that motion may be laid on the table; in which case, according to the practice of several years past, the vote stands as though the motion to reconsider had not been made. This is correct; as, if the House wished to retain the matter, it would agree to the motion to reconsider, instead of laying it on the table. Motions to reconsider should be promptly acted on, otherwise it is in the power of a single member (voting on the strong side against his sentiments, solely for the purpose of placing himself in a situation to make the motion) to arrest business which a majority have determined to dispatch.]

50. In filling up blanks, the largest sum and longest time shall be first put.-April 7, 1789.

ORDER OF BUSINESS OF THE DAY.

51. As soon as the journal is read, and the unfinished business in which the House was engaged at the last preceding adjournment has been disposed of, reports from committees shall be called for and disposed of; in doing which the Speaker shall call upon each standing committee in regular order, and then upon select committees; and if the Speaker shall not get through the call upon the committees before the House passes to other business, he shall resume the next call where he left off-September 15, 1837-giving preference to the report last under consideration: Provided, That whenever any committee shall have occupied the morning hour on two days, it shall not be in order for such committee to report

further until the other committees shall have been called in their turn. December 7, 1857.

[This proviso does not restrain the House from considering a report already made for a longer period than two days; simply prevents a committee from reporting further after occupying that period.

This rule, as originally adopted, was amended in the revision of the rules at the 1st session of the 36th Congress, viz: So as to provide for the consideration of the unfinished business at the last adjournment immediately after the journal is read; to give preference to the report last under consideration, without the necessity for the pendency of a motion to commit; other amendments were made at the same time, which were rescinded January 11, 1867.]

52. Reports from committees having been presented and disposed of, the Speaker shall call for resolutions from the members of each State and delegate from each Territory, beginning with Maine and the Territory last organized, alternately; and they shall not be debated on the very day of their being presented, nor on any day assigned by the House for the receipt of resolutions, unless where the House shall direct otherwise, but shall lie on the table, to be taken up in the order in which they were presented; and if on any day the whole of the States and Territories shall not be called, the Speaker shall begin on the next day where he left off the previous day: Provided, That no member shall offer more than one resolution, or one series of resolutions, all relating to the same subject, until all the States and Territories shall have been called.-January 14, 1829.

53. A proposition requesting information from the President of the United States, or directing it to be furnished by the head of either of the Executive Departments, or by. the Postmaster-General, shall lie on the table one day for consideration, unless otherwise ordered by the unanimous consent of the House-December 13, 1820-and all such propositions shall be taken up for consideration in the order they were presented, immediately after reports are called for from select committees, and when adopted, the Clerk shall cause the same to be delivered.—January 22, 1822.

54. After one hour shall have been devoted to reports from committees and resolutions, it shall be in order, pending the consideration or discussion thereof, to entertain a motion that the House do now proceed to dispose of the business on the Speaker's table, and to the orders of the day-January 5, 1832; which being decided in