BILLS, COMMITMENT.
If, on motion and question, it be decided that the bill shall be
committed, it may then be moved to be referred to a committee of the whole
House, or to a special committee. If the latter, the Speaker proceeds
to name the committee. Any member also may name a single person, and
the clerk is to write him down as of the committee. But the House have
a controlling power over the names and number, if a question be moved
against any one; and may in any case put in and put out whom they please.
Those who take exceptions to some particulars in the bill, are to be
of the committee. But none who speak directly against the body of the
bill. For he that would totally destroy, would not amend it.--_Hakew._
146; _Town. col._ 208; _D'Ewes_, 634, _col._ 2; _Scob._ 47; or, as is
said, 5 _Grey_, 145, the child is not to be put to a nurse that cares
not for it.--6 _Grey_, 373. It is therefore a constant rule, "that no
man is to be employed in any matter who has declared himself against
it." And when any member who is against the bill, hears himself named of
its committee, he ought to ask to be excused. Thus, March 6, 1606, Mr.
Hadley was, on the question being put, excused from being of a committee,
declaring himself to be against the matter itself.--_Scob._ 48.
$No bill shall be committed or amended until it shall have been twice
read, after which it may be referred to a committee.--_Rule_ 14.
All committees shall be appointed by ballot, and a plurality of voices
shall make a choice.--_Rule_ 15.$
The clerk may deliver the bill to any member of the committee.--_Town._
_col._ 138. But it is usual to deliver it to him who is first named.
In some cases, the House has ordered the committee to withdraw immediately
into the committee-chamber, and act on and bring back the bill, sitting
the House.--_Scob._ 48.
A committee meets when and where they please, if the House has not ordered
time and place for them.--6 _Grey_, 370. But they can only act when
together, and not by separate consultation and consent; nothing being
the report of the committee, but what has been agreed to in committee,
actually assembled.
A majority of the committee constitutes a quorum for business.--_Elsynge's
method of passing bills_, 11.
Any member of the House may be present at any select committee, but
cannot vote, and must give place to all of the committee, and must sit
below them.--_Elsynge_, 12; _Scob._ 49.
But in 1626, April 24th, the House of Commons resolved that though any
members may be present at the examination of witnesses, they may not
be at the debate, disposition, or penning of the business by the select
committee.--4 _Hats._ 124.
The committee have full power over the bill or other paper committed to
them, except that they cannot change the title or subject.--8 _Grey_, 228.
The paper before a committee, whether select or of the whole, may be a
bill, resolutions, draught of an address, &c., and it may either originate
with them, or be referred to them. In every case, the whole paper is read
first by the clerk, and then by the chairman, by paragraphs, _Scob._
49, pausing at the end of each paragraph, and putting questions, for
amending, if proposed. In the case of resolutions on distinct subjects,
originating with themselves, a question is put on each separately, as
amended, or unamended, and no final question on the whole.--3 _Hats._ 276.
But if they relate to the same subject, a question is put on the whole.
If it be a bill, draught of an address, or other paper originating with
them, they proceed by paragraphs, putting questions for amending, either
by inserting or striking out, if proposed; but no question on agreeing
to the paragraphs separately. This is reserved to the close, when a
question is put on the whole for agreeing to it as amended or unamended.
But if it be a paper referred to them, they proceed to put questions of
amendment, if proposed, but no final question on the whole; because all
parts of the paper having been adopted by the House, stand, of course,
unless altered, or struck out by a vote. Even if they 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 make their opposition.
The natural order in considering and amending any paper is, to begin
at the beginning, and proceed through it by paragraphs; and this order
is so strictly adhered to in Parliament, that, when a latter part has
been amended, you cannot recur back and make any alteration in a former
part.--2 _Hats._ 90. In numerous assemblies, this restraint is, doubtless,
important.
$But in the Senate of the United States, though in the main we consider
and amend the paragraphs in their natural order, yet recurrences are
indulged; and they seem, on the whole, in that small body, to produce
advantages overweighing their inconveniences.$
To this natural order of beginning at the beginning, there is a single
exception found in Parliamentary usage. When a bill is taken up in
committee, or on its second reading, they postpone the preamble, till
the other parts of the bill are gone through. The reason is, that on
consideration of the body of the bill, such alterations may therein be
made, as may also occasion the alteration of the preamble.--_Scob._ 50;
7 _Grey_, 431.
On this head, the following case occurred in the Senate, March 6, 1800.
A resolution which had no preamble, having been already amended by the
House, so that a few words only of the original remained in it, a motion
was 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 been offered, and indeed till little of the 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 amendments, not permitting amendments in a
subsequent, to preclude those in a prior part, or _a converso_.
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 cannot 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
that are to be inserted or omitted, _Scob._ 50; and where, by reference
to the page, line, and word of the bill.--_Scob._ 50.