QUASI-COMMITTEE.
If on motion and question the bill be not committed, or if no
proposition for commitment be made, then the proceedings in the Senate
of the United States and in Parliament are totally different. The former
shall be first stated.
[The 28th 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 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.) And when the Senate shall consider a treaty, bill,
or resolution, as in Committee of the Whole, the Vice-President or
President _pro tempore_ may call a member to fill the chair during the
time the Senate shall remain in Committee of the Whole; and the chairman
(so called) shall, during such time, have the powers of a President _pro
tempore_.]
[The proceedings of the Senate, as in a 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 resumes 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 their consideration the bill entitled, etc., 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 the
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 the 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 falls, the Quasi-Committee stands _in statu
quo_.]
[How far does this 28th rule subject the House, when in Quasi-Committee,
to the laws which regulate the proceedings of Committees 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 discussions 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 first and second 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 28th 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 House. Thus: 3.
It is in the daily habit of referring its business to a special
committee. 4. It admits of the previous question; if it did not, it
would have no means of preventing an improper discussion, not being
able, as a committee is, to avoid it by returning into the House, for
the moment it would resume the same subject there, the 28th rule
declares it again a Quasi-Committee. 5. It would doubtless exercise its
powers as a house on any breach of order. 6. It takes a question by yea
and nay, as the House does. 7. It receives messages from the President
and the other House. 8. In the midst of a debate it receives a motion to
adjourn, and adjourns as a house, not a committee.]