stances: 7 Grey, 261, 278, 285, 338.1 Chandler, 357, 462. In the following instances it does not appear whether they did or not: 6 Grey, 129. 7 Grey, 213, 229, 321.*

SEC. XII. COMMITTEE OF THE WHOLE.

The speech, messages, 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

* RULE 33. The following standing Committees, to consist of five members each, shall be appointed at the commencement of each session, with leave to report by bill or otherwise :

A Committee on Foreign Relations.

A Committee on Finance.

A Committee on Commerce.

A Committee on Manufactures.

A Committee on Agriculture.

A Committee on Military Affairs.

A Committee on the Militia.

A Committee on Naval Affairs.

A Committee on Public Lands.

A Committee on Private Land Claims.

A Committee on Indian Affairs.

A Committee of Claims.

A Committee on the Judiciary.

A Committee on the Post Office and Post Roads.

A Committee on Pensions.

A Committee on the District of Columbia.

A Committee of three members, whose duty it shall be to audit and control the contingent expenses of the Senate.

And a Committee, consisting of three members, whose duty it shall be to examine all bills, amendments, resolutions, or motions, before they go out of the possession of the Senate, and to make report that they are correctly engrossed; which report shall be entered on the journal.

Scob, 36.44. especially to 3 Hats. 127.

subject divides itself into one or more bills. Propositions for any charge on the people are be first made in a committee of the whole. 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 whole to take under 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 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 on 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 "tomorrow, to-morrow," or "on Monday, &c." or a motion is made to that effect, and a question put that it be received, tomorrow, &c. Scob. 38.

In other things the rules of proceeding are to be the same as in the House. Scob. 39.

SEC. XIII. -EXAMINATION OF WITNESSES.

Common fame is a good ground for the house to proceed by inquiry, and even to accusation. Resolution House Commons, 1 Car. 1, 1625. Rush. L. Parl. 115. 1 Grey, 16-22, 92. 8 Grey, 21, 23, 27, 45.

Witnesses are not to be produced but where the house has

previously instituted an inquiry, 2 Hats. 102, nor then are orders for their attendance given blank, 3 Grey, 51.

When any person is examined before a committee, or at the bar of the house, any member wishing to ask the person a question, must address it to the speaker or chairman, who repeats the question to the person, or says to him, "you hear the question, answer it." But if the propriety of the question be objected to, the speaker directs the witness, counsel and parties, to withdraw; for no question can be moved or put, or debated while they are there. 2 Hats. 108. Sometimes the questions are previously settled in writing before the witness enters, ib. 106, 107.8 Grey, 64. The questions asked must be entered in the journals. 3 Grey, 81. But the testimony given in answer before the house is never written down; but before a committee it must be, for the information of the house who are not present to hear it. 7 Grey, 52, 334.

If either house have occasion for the presence of a person in custody of the other, they ask the other their leave that he may be brought up to them in custody. 3 Hats. 52.

A member, in his place, gives information to the house of what he knows of any matter under hearing at the bar. Jour. H. of C. Jan. 22, 1744-5.

Either house may request, but not command the attendance of a member of the other. They are to make the request by message to the other house, and to express clearly the purpose of attendance, that no improper subject of examination may be tendered to him. The house then gives leave to the member to attend, if he choose it; waiting first to know from the member himself whether he chooses to attend, till which they do not take the message into consideration. But when the peers are sitting as a court of criminal judicature, they may order attendance; unless where it be a case of impeachment by the Commons. There it is to be a request. 3 Hats. 17. 9 Grey, 306, 406. 10 Grey, 133. Counsel are to be heard only on private, not on public bills, and on such points of law only as the house shall direct. 10 Grey, 61.

SEC. XIV. - ARRANGEMENT OF BUSINESS.

The Speaker is not precisely bound to any rules as to what bills or other matter shall be first taken up; but is left to his own discretion, unless the House on a question decide to take up a particular subject. Hakew. 136.

A settled order of business is, however, necessary for the government of the presiding person, and to restrain individual members from calling up favourite measures, or matters under their special patronage, out of their just turn. It is useful also for directing the discretion of the House, when they are moved to take up a particular matter, to the prejudice of others having priority of right to their attention in the general order of business.

[In Senate, the bills and other papers which are in possession of the House, and in a state to be acted on, are arranged every morning, and brought on in the following order.]

[1. Bills ready for a second reading are read, that they may be referred to Committees, and so be put under way. But if, on their being read, no motion is made for commitment, they are then laid on the table in the general file, to be taken up in their just turn.]

[2. After twelve o'clock, bills ready for it are put on their passage.]

[3. Reports in possession of the House, which offer grounds for a bill, are to be taken up, that the bill may be ordered in.]

[4. Bills, or other matters before the House, and unfinished on the preceding day, whether taken up in turn, or on special order, are entitled to be resumed and passed on through their present stage.]

[5. These matters being despatched, for preparing and