SECTION XLIX.

JOURNALS.

$Each House shall keep a journal of its proceedings, and from time to

time publish the same, excepting such parts as may, in their judgment,

require secrecy.--_Const._, I. 5, 3.

Every vote of Senate shall be entered on the journal, and a brief

statement of the contents of each petition, memorial, or paper, presented

to the Senate, be also inserted on the journal.--_Rule_ 24.

The proceedings of the Senate, when not acting as in a committee of

the House, shall be entered on the journals, as concisely as possible,

care being taken to detail a true account of the proceedings.--_Rule_ 26.

The titles of bills, and such part thereof only as shall be affected

by proposed amendments, shall be inserted on the journals.--_Rule_ 27.$

If a question is interrupted by a vote to adjourn, or to proceed to the

orders of the day, the original question is never printed in the journal,

it never having been a vote, nor introductory to any vote; but when

suppressed by the previous question, the first question must be stated,

in order to introduce, and make intelligible, the second.--2 _Hats._ 83.

So also, when a question is postponed, adjourned, or laid on the table,

the original question, though not yet a vote, must be expressed in the

journals; because it makes part of the vote of postponement, adjourning,

or laying on the table.

Where amendments are made to a question, those amendments are not printed

in the journals, separated from the question; but only the question as

finally agreed to by the House. The rule of entering in the journals

only what the House has agreed to, is founded in great prudence and good

sense; as there may be many questions proposed which it may be improper

to publish to the world, in the form in which they are made.--2 _Hats._

85.

$In both Houses of Congress, all questions whereon the yeas and nays are

desired by one-fifth of the members present, whether decided affirmatively

or negatively, must be entered on the journals.--_Const._ I. 5, 3.$

The first order for printing the votes of the House of Commons, was

October 30, 1685.--1 _Chandler_, 387.

Some judges have been of opinion, that the journals of the House of

Commons are no records, but remembrances. But this is no law.--_Cob._

110, 111; _Lex. Parl._ 114, 115; _Jour. H. C._ Mar. 17, 1592; _Hale

Parl._ 105. For the Lords, in their House, have power of judicature;

the Commons, in their House, have power of judicature; and both Houses

together have power of judicature; and the book of the clerk of the House

of Commons is a record, as is affirmed by act of Parliament.--6 _H._ 8.

_c._ 16; _Inst._ 23, 24; and every member of the House of Commons has a

judicial place.--4 _Inst._ 15. As records, they are open to every person;

and a printed vote of either House is sufficient ground for the other

to notice it. Either may appoint a committee to inspect the journals of

the other, and report what has been done by the other in any particular

case.--2 _Hats._ 261; 3 _Hats._ 27, 30. Every member has a right to see

the journals, and to take and publish votes from them. Being a record,

every one may see and publish them.--6 _Grey_, 118, 119.

On information of a mis-entry or omission of an entry in the journal, a

committee may be appointed to examine and rectify it, and report it to

the House.--2 _Hats._ 194, 5.

The Writings of Thomas Jefferson, Vol. 9 (of 9) Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private · 第 48 / 60 章