made to prefix a preamble, which, having an aspect very different from the resolution, the mover intimated that he should afterwards propose a correspondent amendment in the body of the resolution. It was objected that a preamble could not be taken up till the body of the resolution is done with; but the preamble was received, because we are in fact through the body of the resolution; we have amended that as far as amendments have offered, and, indeed, till little of original is left. It is the proper time, therefore, to consider a preamble; and whether the one offered be consistent with the resolution is for the house to determine. The mover, indeed, has intimated that he shall offer a subsequent proposition for the body of the resolution; but the house is not in possession of it; it remains in his breast, and may be withheld. The rules of the house can only operate on what is before them. [The practice of the Senate, too, allows recurrences backwards and forwards, for the purpose of amendment, not permitting amendments in a subsequent to preclude those in a prior part, or econverso.]

When the committee is through the whole, a member moves that the committee may rise, and the chairman report the paper to the house, with or without amendments, as the case may be. 2 Hats. 289, 292; Scob. 53; 2 Hats. 290; 8 Scob. 50.

When a vote is once passed in a committee, it can not be altered but by the house, their votes being binding on themselves. 1607, June 4.

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 (Scob. 50), and where, by references to the page, line and word of the bill. Scob. 50.

SECTION XXVII.

REPORT OF COMMITTEE.

The chairman of the committee, standing in his place, informs the house that the committee to whom was referred such a bill have, according to order, had the same under consideration, and have directed him to report the same without any amendment, or with sundry amendments (as the case may be), which he is ready to do when the house pleases to receive it. And he or any other may move that it be now received; but the cry of "Now, now," from the house generally dispenses with the formality of a motion and question. He then reads the amendments, with the coherence in the bill, and opens the alterations and the reasons of the committee for such amendments, until he has gone through the whole. He then delivers it at the clerk's table, where the amendments reported are read by the clerk without the coherence; whereupon the papers lie upon the table till the house, at its convenience, shall take up the report. Scob. 52; Hakew. 148.

The report being made, the committee is dissolved, and can act no more without a new power. Scob. 51. But it may be revived by a vote; and the same matter recommitted to them. 4 Grey, 361.

SECTION XXVIII.

BILLS, RECOMMITMENT.

After a bill has been committed and reported, it ought not, in any ordinary course, to be recommitted; but in case of importance, and for special reasons, it is sometimes recommitted, and usually to the same committee. Hakew. 151. If a report be recommitted before agreed to in the house, what has passed in committee is of no validity; the whole question is again before the committee, and a new resolution must be again moved, as if nothing had passed. 2 Hats. 131-note.

In Senate, January, 1800, the salvage bill was recommitted three times after the commitment.

A particular clause of a bill may be committed without the whole bill (3) Hats. 131); or so much of a paper to one and so much to another committee.

SECTION XXIX.

BILL, REPORTS TAKEN UP.

When the report of a paper originating with a committee is taken up by the house, they proceed exactly as in committee. Here, as in committee, when the paragraphs have, on distinct questions, been agreed to seriatim (5 Grey, 366; 6 Grey, 368; 8 Grey, 47, 104, 360; 1 Torbuck's Deb. 125; 3 Hats. 348), no question need be put on the whole report. 5 Grey, 381.

On taking up a bill reported with amendments, the amendments only are read by the clerk. The speaker then reads the first, and puts it to the question, and so on until the whole are adopted or rejected, before any other amendment be admitted, except it be an amendment to an amendment. Elsynge's Mem. 53. When, through the amendments of the committec, the speaker pauses, and gives time for amendments to be proposed in the house to the body of the bill, as he does also if it has been reported without amendments, putting no questions but on amendments proposed; and, when through the whole, he puts the question whether the bill be read the third time.

SECTION XXX.

QUASI-COMMITTEE.

If on motion and question the bill be not committed, or if no proposition for commitment be made, then the proceedings in the Senate of the United States and in Parliament are totally different. The former shall be first stated.

[The twenty-eighth rule of the Senate says: "All bills on a second reading shall first 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 pro

ceeded on by the Senate agreeably to the standing rules, unless otherwise ordered" (that is to say, unless ordered to be referred to a special committee). And when the Senate shall consider a treaty, bill, or resolution, as in committee of the whole, the vice president or president pro tempore may call a member to fill the chair during the time the Senate shall remain in committee of the whole; and the chairman (so-called) shall, during such time, have the powers of the president pro tempore.]

[The proceedings of the Senate, as in a committee of the whole, or in quasi-committee, are precisely as in a real committee of the whole, taking no questions but on amendments. When through the whole, they consider the quasi-committee as risen, the house resumes without any motion, question or resolution to that effect, and the president reports that "The house, acting in a committee of the whole, have had under their consideration the bill entitled, etc., and have made sundry amendments, which he will now report to the house." The bill is then before them, as it would have been if reported from a committee, and the questions are regularly to be put again on every amendment; which being gone through, the president pauses to give time to the house to propose amendments to the body of the bill, and, when through, puts the question whether it shall be read a third time.]

[After progress in amending the bill in quasi-committee, a motion may be made to refer it to a special committee. If the motion prevails, it is equivalent in effect to the several votes, that the committee rise, the house resume itself, discharge the committee of the whole, and refer the bill to a special committee. In that case, the amendments already fall. But if the motion fails, the quasi-committee stands in statu quo.]

[How far does this twenty-eighth rule subject the house, when in quasicommittee, to the laws which regulate the proceedings of committees of the whole?] The particulars in which these differ from proceedings in the house are the following: 1. In a committee every member may speak as often as he pleases. 2. The votes of a committee may be rejected or altered when reported to the house. 3. A committee, even of the whole, can not refer any matter to another committee. 4. In a committee no previous question can be taken; the only means to avoid any improper discussion is to move that the committee rise; and if it be apprehended that the same discussion will be attempted on returning into committee, the house can discharge them, and proceed itself on the business, keeping down the improper discussion by the previous question. 5. A committee can not punish a breach of order in the house or in the gallery. 9 Grey, 113. It can only rise and report it to the house, who may proceed to punish. [The first and second of these peculiarities attach to the quasi-committee of the Senate, as every day's practice proves, and seem to be the only ones to which the twenty-eighth rule meant to subject them: for it continues to be a house, and therefore, though it acts in some respects as a committee, in others it preserves its character as a house. Thus [3] it is in the daily habit of referring its business to a special committee. 4. It admits of the previous question. If it did not, it would have no means of preventing an improper discussion; not being able, as a committee is, to avoid it by returning into the house, for the moment it

would resume the same subject there; the twenty-eighth rule declares it again a quasi-committee. 5. It would doubtless exercise its powers as a house on any breach of order. 6. It takes a question by yea and nay, as the house does. 7. It receives messages from the president and the other house. 8. In the midst of a debate it receives a motion to adjourn, and adjourns as a house, not a committee.]

SECTION XXXI.

BILL, SECOND READING IN THE HOUSE.

In Parliament, after the bill has been read the second time, if on the motion and question it be not committed, or if no proposition for commitment be made, the speaker reads it by paragraphs, pausing between each, but putting no question but on amendments proposed; and when through the whole, he puts the question, whether it shall be read a third time? If it comes from the other house, or, if originating with themselves, whether it shall be engrossed and read a third time? The speaker reads sitting, but rises to put questions. The clerk stands while he reads.

[*But the Senate of the United States is so much in the habit of making many and material amendments at the third reading that it has become the practice not to engross a bill until it has passed—an irregular and dangerous practice, because in this way the paper which passes the Senate is not that which goes to the other house, and that which goes to the other house as the act of the Senate has never been seen in the Senate. In reducing numerous, difficult and illegible amendments into the text, the secretary may, with the most innocent intentions, commit errors which can never again be corrected.]

The bill being now as perfect as its friends can make it, this is the proper stage for those fundamentally opposed to make their first attack. All attempts at earlier periods are with disjointed efforts, because many who do not expect to be in favor of the bill ultimately are willing to let it go on to its perfect state, to take time to examine it themselves and to hear what can be said for it, knowing that after all they will have sufficient opportunities of giving it their veto. Its last two stages, therefore, are reserved for this—that

*The former practice of the senate referred to in this paragraph has been changed by the following rule:

[Rule 29. The final question upon the second reading of every bill, resolution, constitutional amendment or motion, originating in the senate, and requiring three readings previous to being passed, shall be, "Whether it shall be engrossed and read a third time?" and no amendment shall be received for discussion at the third reading of any bill, resolution, amendment or motion, unless by unanimous consent of the members present; but it shall at all times be in order before the final passage of any such bill, resolution, constitutional amendment or motion, to move its commitment; and should such commitment take place, and any amendment be reported by the committee, the said bill, resolution, constitutional amendment or motion, shall be again read a second time, and considered as in committee of the whole, and then the aforesaid question shall be again put.]

is to say, on the question, whether it shall be engrossed and read a third time, and, lastly, whether it shall pass? The first of these is usually the most interesting contest, because then the whole subject is new and engaging, and the minds of the members having not yet been declared by any trying vote, the issue is the more doubtful. In this stage, therefore, is the main trial of strength between its friends and opponents, and it behooves everyone to make up his mind decisively for this question, or he loses the main battle; and accident and management may, and often do, prevent a successful rallying on the next and last question, whether it shall pass. When the bill is engrossed, the title is to be indorsed on the back, and not within the bill. Hakew. 250.

SECTION XXXII.

READING PAPERS.

Where papers are laid before the house or referred to a committee, every member has a right to have them once read at the table before he can be compelled to vote on them; but it is a great, though common, error to suppose that he has a right, toties quoties, to have acts, journals, accounts, or papers on the table read independently of the will of the house. The delay and interruption which this might be made to produce evince the impossibility of the existence of such a right. There is, indeed, so manifest a propriety of permitting every member to have as much information as possible on every question on which he is to vote, that when he desires the reading, if it be seen that it is really for information and not for delay, the speaker directs it to be read without putting the question, if no one objects; but if objected to, a question must be put. 2 Hats. 117, 118.

It is equally an error to suppose that any member has a right, without a question put, to lay a book or paper on the table, or have it read, on suggesting that it contains matter infringing on the privileges of the house. Ib.

For the same reason a member has not a right to read a paper in his place, if it be objected to, without leave of the house. But this rigor is never exercised but where there is an intentional or gross abuse of the time and patience of the house.

A member has not a right even to read his own speech, committed to writing, without leave. This also is to prevent an abuse of time, and therefore is not refused but where that is intended. 2 Grcy, 226.

A report of a committee of the Senate on a bill from the House of Representatives being under consideration, on motion that the report of the committee of the House of Representatives on the same bill be read in the Senate, it passed in the negative. Feb. 28, 1793.

Formerly when papers were referred to a committee, they used to be first read; but of late only the titles, unless a number insist they shall be read, and then nobody can oppose it. 2 Hats. 117.