SECTION XXX.

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.$

The Writings of Thomas Jefferson, Vol. 9 (of 9) Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private · 第 29 / 60 章