« AnteriorContinuar »
entertain a motion to refer the bill to any committee, with or without instructions, and when the same is again reported to the House, it shall be referred to the Committee of the Whole without debate, and resume its original place on the calendar.-May 26, 1870.
[This latter clause was inserted for the purpose of correcting a practice wbich had begun to obtain, whereby the friends of a bill were enabled, by striking out the enacting clause, to cut off debate and amendment and take a bill back into the House and there pass it. At the same time, however, an amendment was made to the 60th rule, whereby a majority is enabled, "at any time after the five minutes' debate has taken place upon proposed amendments to any paragraph or section of a bill, to close all debate upon such section or paragraph, or, at their election, upon the pending amendments only.”] 124. After commitment and report thereof to the House, or at any time before its passage, a bill may be recommitted - April 7, 1789; and should such recommitment take place after its engrossment, and an amendment be reported and agreed to by the House, the question shall be again put on the engrossment of the bill.March 16, 1860.
[According to the practice, if the previous question on its passage be pending or ordered, a motion to recommit was, within the past fifteen years, not in order. The latter clause of this rule was adopted March 16, 1860, previous to wbich there had been no fixed rule in regard to the case therein provided for. ] 125. All bills ordered to be engrossed shall be executed in a fair round hand.-April 7, 1789.
126. No amendment by way of rider shall be received to any bill on its third reading.–April 8, 1814.
127. 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.
LOCAL OR PRIVATE BUSINESS.
128. Friday in every week shall be set apart for the considera. tion of private bills and private business, in preference to any other, unless otherwise determined by a majority of the House.—January 22, 1810; January 26, 1826; and May 8, 1874.
(Under the rule of 26th April, 1828, relative to a postponement or change of the order of business, it has been decided that it takes two-thirds to proceed to public business on Friday and Saturday. The reason of this decision is, that the rule of the 26th of April, 1828, made no exception in favor
of the clause for a majority, contained in this rule; and that therefore that provision was annulled. There have been three appeals from this point, but the House in all instances affirmed the decision in favor of two-thirds. ] 129. On the first and fourth Friday of each month, the calendar of private bills shall be called over the Chairman of the Committee of the Whole House commencing the call where he left off the previous day), and the bills to the passage of which no objection shall then be made shall be first considered and disposed of.January 25, 1839. But when a bill is again reached, after having been once objected to, the committee shall consider and dispose of the same, unless it shall again be objected to by at least five members.--March 16, 1860; May 8, 1874.
[The rule of January 25, 1839, simply provided for calling over the calendar on the first and fourth Friday; the words “and Saturday” were added on the 16th March, 1860. The latter branch of the rule, which provides that upon a second call at least five members shall object, was adopted at the same time. The words “and Saturday” were stricken out of Rules 128 and 129, May 8, 1874.
OF BILLS ON LEAVE AND RESOLUTIONS.
130. All the States and Territories shall be called for bills on leave and resolutions every Monday during each session of Congress; and, if necessary to secure the object on said days, all resolutions which shall give rise to debate shall lie over for discussion, under the rules of the House already established; and the whole of said days shall be appropriated to bills on leave and resolutions, until all the States and Territories are called through.February 6, 1838. And the Speaker shall first call the States and Territories for bills on leave; and all bills so introduced during the first hour after the journal is read shall be referred, without debate, to their appropriate committees : Provided, however, That a bill so introduced and referred, and all bills at any time introduced by unanimous consent and referred, shall not be brought back into the House upon a motion to reconsider.- March 16, 1860, and January 11, 1872. And on said call, joint resolutions of State and Territorial legislatures for printing and reference may be introduced.-January 11, 1867.
[The words “ bills on leave” where they occur were inserted in this rule on the 16th March, 1860. By Rule 115 it is required that at least one day's notice shall be given of the motion to introduce a bill on leave.]
OF PETITIONS AND MEMORIALS.
131. Members having petitions and memorials to present may hand them to the Clerk, indorsing the same with their names, and the reference or disposition to be made thereof; and such petitions and memorials shall be entered on the journal, subject to the control and direction of the Speaker, and if any petition or memorial be so handed in, wbich, in the judgment of the Speaker, is excluded by the rules, the same shall be returned to the member from whom it was received.—March 29, 1842.
[So much of the rules as authorized the presentation of petitions in the House was stricken out December 12, 1853. According to the practice under this rule a member may now take from the files petitions and memorials presented at a former Congress, and re-refer them.]
OF THE PREVIOUS QUESTION. 132. The previous question shall be in this form: “Shall the main question be now put !"- April 7, 1789. It shall only be admitted when demanded by a majority of the members present—February 24, 1812; and its effects shall be to put an end to all debate, and to bring the House to a direct vote upon a motion to commit, if such motion shall have been made; and if this motion does not prevail, then upon amendments reported by a committee, if any; thenAugust 5, 1848-upon pending amendments, and then upon the main question.-January 14, 1840. But its only effect, if a motion to postpone is pending, shall be to bring the House to a vote upon such motion. Whenever the House shall refuse to order the main question, the consideration of the subject shall be resumed as though no motion for the previous question had been made. The House may also, at any time, on motion seconded by a majority of the members present, close all debate upon a pending amendment, or an amendment thereto, and cause the question to be put thereon; and this shall not preclude any further amendment or debate upon the bill. A call of the House shall not be in order after the previous question is seconded, unless it shall appear, upon an actual count by the Speaker, that no quorum is present.—March 16, 1860.
[The previous question was recognized in the rules established April 7, 1789, and could be demanded by five members (the Parliamentary law places it in the power of two members—one to move, the other to second). On the 230 December, 1811, it was placed on a footing with the yeas and nays; that is, at the command of one-fifth of the members present. It remained so until the 24th February, 1812, when the rule was changed to its present form of a majority. According to former practice, the previous question brought the House to a direct vote on the main question; that is, to agree to the main proposition, to the exclusion of all amendments and incidental motions; but on the 14th of January, 1840, it was changed to embrace, first, pending amendments, and then the main proposition.
The original intent of the previous question was, to ascertain the sense of the House, in the early stages of a subject, as to the propriety of entertaining the matter; and if decided affirmatively, the debate went on; if decided negatively, the debate ceased, and the subject passed from before the House without motion or further question. This was the practice in Congress nnder the Confederation; and it is still the practice in the British Parliament. Now, by the practice of the House, as well as by the terms of the rule, it is reversed; if the motion for the previous question is decided in the affirmative, debate ceases, and the House proceeds to vote; if in the negative, the proceedings go on as if the motion for the previous question had not been made. Until the revision of the rules in March, 1860, whenever the previous question was seconded, and the main qnestion ordered, pending a motion to postpone, the motion to postpone was cut off.]
[See Rules 36 and 37 for methods of proceeding under a call of the House.] 133. On a previous question there shall be no debate.—December 17, 1805. All incidental questions of order, arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.—September 15, 1837.
OF ADMISSION ON THE FLOOR.
134. No person except members of the Senate, their Secretary, heads of Departments, the President's private secretary, foreign ministers, the governor for the time being of any State, Senators and Representatives elect, judges of the Supreme Court of the United States and of the Court of Claims, and such persons as have by name received the thanks of Congress—March 15, 1867—shall be admitted within the hall of the House of Representatives—March 19, 1860—or any of the rooms upon the same floor or leading into the same- March 2, 1865; provided that ex-members of Congress who are not interested in any claim pending before Congress, and shall so register themselves, may also be admitted within the hall of the House; and no persons except those herein specified shall at any time be admitted to the floor of the House.—March 15, 1867.
[The first rule for the admission within the ball of other than members was adopted on the 7th January, 1802, and was confined to " Senators, officers of
the General and State governments, foreign ministers, and such persons as members might introduce.” On the 11th January, 1802, an attempt was made to amend so as to exclude persons “introduced by members,” which failed. On the 8th November, 1804, a proposition was made to confine the privilege to Senators, which also failed. On the 17th December, 1805, officers of State governments were excluded. On the 1st February, 1808, a proposition was made to admit ex-members of Congress and the judges of the Supreme Court. After a good deal of debate it was rejected. On the 11th February, 1809, the rule was enlarged so as to admit judicial officers of the United States, as also exmembers of Congress. On the 25th February, 1814, those who had been heads of departments were admitted. On the 10th February, 1815, officers who had received the thanks of Congress were included ; on the 12th January, 1816, the Navy Commissioners; on the 21st February, 1816, governors of States and Territories; March 13, 1822, the President's secretary. On the 26th January, 1833, the rule was further enlarged by admitting “such persons as the Speaker or a member might introduce,” and on the 10th December, 1833, the House, by a vote almost unanimous, rescinded that amendinent. On the 23d of December, 1857, soon after removing into the new ball in the south wing of the Capitol extension, the privilege of admission was restricted to “members of the Senate, their Secretary, beads of Departments, President's private secretary, the governor for the time being of any State, and judges of the Supreme Court of the United States.” On the 19th of March, 1860, it was adopted in its present form, excepting the last clause, a proposition to admit ex-members having been rejected. The last clause, adopted March 2, 1865, was intended to prevent persons not entitled to the privilege of the hall from occupying the cloak and other adjoining rooms. January 29, 1878, the House adopted the following resolution, by yeas 155 to nays 92, viz: “Resolved, That the rule in regard to the admission of persons to the privileges of the floor be enforced, and the Speaker is requested to discontinue the practice of issuing passes, which has been indulged in by common consent.” See Journal, first session Forty-fifth Congress, pp. 316, 317.]
135. Stenographers and reporters, other than the official reporters of the House, wishing to take down the debates, may be admitted by the Speaker to the reporters' gallery over the Speaker's chair, but not on the floor of the House; but no person shall be allowed the privilege of said gallery under the character of stenographer or reporter without a written permission of the Speaker, specifying the part of said gallery assigned to him; nor shall said stenographer or reporter be admitted to said gallery unless he shall state in writing for what paper or papers he is employed to report; nor shall he be so admitted, or, if admitted, be suffered to retain his seat, if he