QUASI-COMMITTEE.
If, on the motion and question, the bill be not committed, or if no
proposition for commitment be made, then the proceedings in the Senate
of United States and in Parliament are totally different. The former
shall be first stated.
$The 20th rule of the Senate says, "All bills, on a second reading,
shall first be considered by the Senate in the same manner as if the
Senate were in a committee of the whole, before they shall be taken up
and proceeded on by the Senate agreeably to the standing rules, unless
otherwise ordered;" that is to say, unless ordered to be referred to a
special committee.
The proceeding of the Senate, as in committee of the whole, or in
quasi-committee, are precisely as in a real committee of the whole,
taking no questions but on amendments. When through the whole, they
consider the quasi-committee as risen, the House resumed, without any
motion, question, or resolution to that effect, and the President reports,
that "the House, acting as in committee of the whole, have had under
consideration the bill entitled, &c., and have made sundry amendments,
which he will now report to the House." The bill is then before them,
as it would have been if reported from a committee, and questions are
regularly to be put again on every amendment: which being gone through,
the President pauses to give time to the House to propose amendments to
the body of the bill, and when through, puts the question, whether it
shall be read a third time?
After progress in amending a bill in quasi-committee, a motion may be
made to refer it to a special committee. If the motion prevails, it is
equivalent in effect to the several votes that the committee rise, the
House resume itself, discharge the committee of the whole, and refer the
bill to a special committee. In that case, the amendments already made
fall. But if the motion fails, the quasi-committee stands in _statu quo_.$
How far does this 20th rule subject the House, when in quasi-committee,
to the laws which regulate the proceedings of a committee 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, cannot
refer any matter to another committee.--4. In a committee, no previous
question can be taken: the only means to avoid an 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 cannot
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.
$The 1st and 2d of these peculiarities attach to the quasi-committee of
the Senate, as every day's practice proves; and seem to be the only ones
to which the 20th rule meant to subject them: for it continues to be a
House, and therefore, though it acts in some respects as a committee,
in others it preserves its character as a House.--Thus, 3d, It is in
the daily habit of referring its business to a special committee--4th.
It admits the previous question: if it did not, it would have no means
of preventing an improper discussion; not being able, as the committee
is, to avoid it by returning into the House: for the moment it would
resume the same subject there, the 20th rule declares it again a
quasi-committee.--5th. It would doubtless exercise its powers as a House
on any breach of order.--6th. It takes a question by Yea and Nay, as the
House does.--7th. It receives messages from the President and the other
House.--8th. In the midst of a debate, it receives a motion to adjourn,
and adjourns as a House, not as a committee.$