COMMITTEE OF THE WHOLE.
The speech, message, and other matters of great concernment, are usually
referred to a committee of the whole house, (6 _Grey_, 311,) where
general principles are digested in the form of resolutions, which are
debated and amended till they get into a shape which meets the
approbation of a majority. These being reported and confirmed by the
House, are then referred to one or more select committees, according as
the subject divides itself into one or more bills. _Scob._, 36, 44.
Propositions for any charge on the people are especially to be first
made in a committee of the whole. 3 _Hats._, 127. The sense of the whole
is better taken in committee, because in all committees every one speaks
as often as he pleases. _Scob._, 49. They generally acquiesce in the
chairman named by the Speaker; but, as well as all other committees,
have a right to elect one, some member, by consent, putting the
question. _Scob._, 36; 3 _Grey_, 301. The form of going from the House
into committee is for the Speaker, on motion, to put the question that
the House do now resolve itself into a Committee of the Whole, to take
into consideration such a matter, naming it. If determined in the
affirmative, he leaves the chair and takes a seat elsewhere, as any
other member; and the person appointed chairman seats himself at the
clerk’s table. _Scob._, 36. Their quorum is the same as that of the
House, and if a defect happens, the chairman, on a motion and question,
rises, the Speaker resumes the chair, and the chairman can make no other
report than to inform the House of the cause of their dissolution. If a
message is announced during a committee, the Speaker takes the chair,
and receives it, because the committee cannot. 2 _Hats._, 125, 126.
In a Committee of the Whole, the tellers, on a division, differing as to
numbers, great heats and confusion arose, and danger of a decision by
the sword. The Speaker took the chair, the mace was forcibly laid on the
table: whereupon the Members retiring to their places, the Speaker told
the House “he had taken the chair without an order to bring the House
into order.” Some excepted against it; but it was generally approved, as
the only expedient to suppress the disorder. And every member was
required, standing up in his place, to engage that he would proceed no
further, in consequence of what had happened in the grand committee,
which was done. 3 _Grey_, 128.
A Committee of the Whole being broken up in disorder, and the chair
resumed by the Speaker without an order, the House was adjourned. The
next day the committee was considered as thereby dissolved, and the
subject again before the House, and it was decided in the House, without
returning into committee. 3 _Grey_, 130.
No previous question can be put in a committee, nor can this committee
adjourn as others may; but if their business is unfinished, they rise,
on a question, the House is resumed, and the chairman reports that the
Committee of the Whole have, according to order, had under their
consideration such a matter, and have made progress therein; but not
having had time to go through the same, have directed him to ask leave
to sit again. Whereupon a question is put upon their having leave, and
on the time the House will again resolve itself into a committee.
_Scob._, 38. But if they have gone through the matter referred to them,
a member moves that the committee may rise, and the chairman report
their proceedings to the House; which being resolved, the chairman
rises, the Speaker resumes the chair, the chairman informs him that the
committee have gone through the business referred to them, and that he
is ready to make report when the House shall think proper to receive it.
If the House have time to receive it, there is usually a cry of “Now,
now,” whereupon he makes the report; but if it be late, the cry is,
“To-morrow, to-morrow,” or “Monday,” etc.; or a motion is made to that
effect, and a question put, that it be received to-morrow, etc. _Scob._,
38.
In other things the rules of proceedings are to be the same as in the
House. _Scob._, 39.