motion to commit, if such motion shall have been made."-Rule 132, p. 135.

"Motions and reports may be committed at the pleasure of the House."-Rule 47, p. 112.

COMMITTEES.

Thirty-three standing committees shall be appointed at the commencement of each Congress, viz: Of Elections, of Ways and Means, on Appropriations, on Banking and Currency, of Claims, on Commerce, on the Public Lands, on the Post-Ofice and PostRoads, for the District of Columbia, on the Judiciary, on WarClaims, on Public Expenditures, on Private Land Claims, on Manufactures, on Agriculture, on Indian Affairs, on Military Affairs, on the Militia, on Naval Affairs, on Foreign Affairs, on the Territories, on Revolutionary Pensions, on Invalid Pensions, on Railways and Canals, on Mines and Mining, on Education and La bor, on the Revision of the Laws, on Public Buildings and Grounds, on Patentsto consist of eleven members each; on the Pacific Railroad—to consist of thirteen members; on Coinage, Weights, and Measures-to consist of seven members; of Accounts and on Mileage-to consist of five members each.-Rule 74, p. 119.

By Rule 162, p. 142, the Speaker is directed to appoint from among the Delegates an additional member of the Committee on Territories, an additional member of the Committee on Indian Affairs, an additional member of the Committee on Mines and Mining, and an additional member of the Committee on Public Lands. There shall be a Joint Committee on Enrolled Bills, to consist of two members of each house (Joint Rule 7, p. 145); there shail be a Joint Committee on the Library of Congress, to consist of three members of each house (Joint Rule 20, p. 145); there shall be a Joint Committee on Public Printing, to consist of three members of each house.-R. S., Sec. 3756. [The rules do not designate for what period these joint committees shall be appointed; but the practice is for the Speaker to appoint them at the commencement of each Congress.]

There shall be appointed at the commencement of the first session in each Congress eight additional standing committees, whose duties shall continue until the first session of the easuing Congress, viz: On Expenditures in the Department of State, on Expenditures in

the Treasury Department, on Expenditures in the War Department, on Expenditures in the Post-Office Department, on Expenditures in the Navy Department, on Expenditures in the Interior Department, on Expenditures in the Department of Justice, on Expenditures on the Public Buildings, to consist of five members each.-Rule 102, p. 126. For duties of the several committees, see under their respective

names.

How appointed.-Rule 67, p. 118.

[The mode of selecting committees by ballot as therein named of late years has not been resorted to, but the practice has been for the House to adopt an order "that the Speaker be authorized to appoint the regular standing committees." And after adopting such order, it is usual for the House to adjourn over for two or three days, to enable him to make the appointments. In several instances where there have been three sessions, the committees have not been announced until the commencement of the second session. Committees on Elections, Enrolled Bills, and Accounts are the only exceptions. Usually one or more select committees are appointed. See Journals 40th, 41st, 42d Congresses, passim.]

Before a return be made, a member elected may be named of a committee, and is to every extent a member, except that he cannot vote until he is sworn.-Manual, p. 56. [While this is the law, it has not been a common practice in the House to appoint a member on a committee until he has been sworn, although there have been instances of the kind.]

"The first-named member of any committee shall be the chairman; and in his absence, or being excused by the House, the next named member, and so on, as often as the case shall happen, unless the committee, by a majority of their number, elect a chairman."Rule 68, p. 118.

"Any member may excuse himself from serving on any committee at the time of his appointment, if he is then a member of two other committees."-Rule 69, p. 119. [And under the practice, it is sufficient for him to offer such an excuse at any subsequent period of the session; usually a request to be excused from service on a committee is granted nem. con., even though the member be on only one other committee.]

"It shall be the duty of a committee to meet on the call of any

two of its members, if the chairman be absent, or decline to appoint such meeting."-Rule 70, p. 119.

"No committee shall sit during the sitting of the House without special leave."—Rule 72, p. 119. And "so soon as the House sits, and a committee is notified of it, the chairman is in duty bound to rise instantly, and the members, to attend the service of the House." -Manual, p. 61. [But upon the statement to the House by a member of a committee (usually the chairman) that it is important to the dispatch of public business that they should have such leave, it is usually granted, especially near the close of the session. It is quite common, of late years, to grant this privilege to select committees, when organized.]

"Committees may be appointed to sit during the recess by adjournment, but not by prorogation. Neither house can continue any portion of itself in any parliamentary function beyond the end of the session without the consent of the other two branches. When done, it is by a bill constituting them commissioners for the particular purpose."-Manual, p. 93. [This has been construed (and, in view of the distinction which exists between a "session" of Parliament and of Congress, very properly so) not to restrain a committee of the House, with the leave of the House, from sitting during the recess between a first and second session of Congress.]-See Journal, 1, 32, p. 1119.

Clerks of Committees.-Rule 73, p. 119.

(See also CLERKS OF COMMITTEES.)

Precedence of different motions to refer.-Rule 43, p. 111.

[Where more than one standing committee is proposed, the last one proposed is first voted upon, as an amendment to strike out and insert.]

"A committee meet when and where they please, if the House has not ordered time and place for them; but they can only act when together, and not by separate consultation and consent, nothing being the report of a committee but what has been agreed to in committee actually assembled."-Manual, p. 69.

"A majority of the committee constitutes a quorum for business."-Manual, p. 69. But it is not necessary that the committee shall be full when a paper is acted upon.-Journal, 1, 34, p. 1143. Nor is it even necessary that every member shall have been notified

of an adjourned meeting, if it shall appear that at such meeting a quorum was present, and that a majority of such quorum authorized a report to be made.-Same Journal, pp. 1433, 1434.

[It is the practice for committees to appoint subcommittees to make investigations], and in such case no member of the commit. tee, as a matter of right, can take for examination papers referred to a subcommittee.-Cong. Globe, 1, 39, p. 4019.

"A committee cannot receive a petition but through the House."— Manual, p. 60. "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."-Rule 131, p. 135. [This is the only mode of presenting a petition for reference now recognized by the rules. The rule, however, is construed to authorize the withdrawal of old papers from the files, for the purpose of reference to the appropriate committee. In this connection it is deemed proper to call attention to that portion of the foregoing rule which requires that the name of the member and that of the committee shall be indorsed upon the paper to be referred.]

"The Clerk may deliver the bill to any member of the committee, but it is usual to deliver it to him who is first named."--Manual, p. 69. [In the House of Representatives, the long-settled practice has been, where the committee have a regular place of meeting, as is the case with all standing committees, for the Clerk to take to the committee-room and deposit there all matters referred to said committee, and either make an entry of the same in the docket of the committee or leave them with the clerk; and when they have no committee-room, as is the case with some of the select committees, to deliver the matter referred to the chairman.]

It is not competent for the House to instruct a committee to amend a bill in a manner that the House itself cannot amend it.Journal, 2, 35, p. 389. [Indeed, it is the well-settled practice that the House cannot instruct a committee to do what the House itself cannot do. Barclay.]

A division of the question is not in order on a motion to commit or recommit with instructions, or on the different branches of instructions.-Journals, 1, 17, p. 507; 1, 31, pp. 1395, 1397; and, 1, 32,

p. 611.

"The committee may not erase, interline, or blot the bill itself, but must, in a paper by itself, set down the amendments, stating the words which are to be inserted or omitted, and where, by reference to the page, line, and word of the bill."-Manual, p. 70.

"When a vote is once passed in a committee it cannot be altered but by the House, their votes being binding on themselves."-Manual, p. 70.

"If the committee are opposed to the whole paper, and think it cannot be made good by amendments, they cannot reject it, but must report it back to the House without amendments, and there made their opposition."-Manual, p. 69.

"The committee have full power over the bill or other paper, except that they cannot change the title or subject."-Manual, p. 69. 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 the following order, viz:

Committee of Elections.

Committee of Ways and Means.

Committee on Appropriations.

Committee on Banking and Currency.

Committee on the Pacific Railroad.

Committee of Claims.

Committee on Commerce.

Committee on the Public Lands.

Committee on the Post-Office and Post-Roads.

Committee for the District of Columbia. (Omitted in call. See Rule 82.)

Committee on the Judiciary.

Committee on War Claims.

Committee on Public Ependitures.

Committee on Private Land-Claims.

Committee on Manufactures.

Committee on Agriculture.

Committee on Indian Affairs.

Committee on Military Affairs.

Committee on the Militia.