United States. Congress. House.

Constitution of the United States ... with the amendments thereto, to which ... online

. (page 14 of 34)
Online LibraryUnited States. Congress. HouseConstitution of the United States ... with the amendments thereto, to which ... → online text (page 14 of 34)
Font size
QR-code for this ebook


be presented, by the said committee, to the President of the United
States, for his approbation (it being first indorsed on the back of
the roll, certifying in which house the same originated; which in-
dorsement shall be signed by the Secretary or Clerk, as the case
maybe, of the house in which the same did originate), and shall be
entered on the journal of each house. The said committee shall
report the day of presentation to the President ; which time shall
also be carefully entered on the journal of each house. — November
13, 1794.

10. All orders, resolutions, and votes which are to be presented
to the President of the United States for his approbation, shall also,
in the same manner, be previously enrolled, examined, and signed;
and shall be presented in the same .manner, and by the same com-
mittee, as provided in cases of bills. — November 13, 1794.

11. When the Senate and House of Eepresentatives shall judge
it proper to make a joint address to the President, it shall be pre-
sented to him in his audience chamber by the President of the
Senate, in the presence of the Speaker and both houses. — November
13, 1794.

12. When a bill or resolution which shall have passed in one
house is rcyected in the other, notice thereof shall be given to the
house in which the same shjall have passed. — June 10, 1790.

13. When a bill or resolution which has been passed in one house
shall be rejected in the other, it'shall not be brought in during the
same session, without a notice of ten days and leave of two-thirds
of that house in which it shall be renewed. — June 10, 17 90.

14. Each house shall transmit to the other all papers on which
any bill or resolution shall be founded. — June 10, 1790.

15. After each house shall have adhered to their disagreement, a
bill or resolution shall be lost. — Jtme 10, 1790.



Digitized by



Google



JOINT RULES. 147

16. Ko bill that shall have passed one house shall be sent for
concurrence to the other on either of the three last days of the ses-
sion. — January 30, 1822.

17. Ko bill or resolution that shall* have passed the House of £ep-
resentatives and the Senate shall be presented to the President of
the United States, for his approbation, on the last day of the ses-
mon. — January 30, 1822.

18. When bills which have passed one house are ordered to be
printed in the other, a greater number of copies shall not be printed
than may be necessary for the use of the house making the order. —
February 9, 1829.

19. No spirituous or malt liquors, or wines, shall be offered for
sale, exhibited or kept within the Oapitol, or in any room or build-
ing connected therewith, or on the public ground adjacent thereto.
And it shall be the duty of the Sergeants-at-Arms of the two houses,
under the supervision of the presiding officers thereof, respectively,
to enforce the foregoing provisions. And any officer or employ^ of
either house who shall in any manner violate or connive at the vio-
lation of this rule shall be dismissed from office. — March 18, 1867.

20. There shall be a joint committee on the library, to consist of
three members on the part of the Senate and three on the part of
the House of Eepresentatives, to superintend and direct the expend-
iture of all moneys appropriated for the library, and to perform such
other duties as are or may be directed by law. — December 7, 1843.

21. After six days from the commencement of a second or subse-
quent session of Congress, all bills, resolutions, or reports which
originated in either bouse, and at the close of the next preceding
session remained undetermined in either house, shall be resumed
and acted on in the same manner as if an adjournment had not taken
place. — August 14, 1848.

22. The two houses shall assemble in the hall of the House of
Eepresentatives at the hour of 1 o'clock p. m. on the second Wednes-
day in February next succeeding the meeting of the electors of
President and Vice-President of the United States, and the Presi-
dent of the Senate shall be their presiding officer ; one teller shall
be appointed on the part of the Senate, and two on the part of the
House of Representatives, to whom shall be handed, as they are
opened by the President of the Senate, the certificates of the electa



Digitized by



Google



148 JOINT RULES.

oral votes ; and said tellers having read the same in the presence
and hearing of the two houses thus assembled, shall make a list of
the votes as they shall appear from the said certificates ; and the
votes having been counted, the result of the same shall be delivered
to the President of the Senate, who shall thereupon announce the
state of the vote and the names of the persons, if any elected, which
announcement shall be deemed a sufficient declaration of the per-
sons elected President and Vice-President of the United States, and,
together with a list of the votes, be enjtered on the journals of the
two houses.

If, upon the reading of any such certificate by the tellers, any
question shall arise in regard to counting the votes therein certi-
fied, the same having been stated by the presiding officer, the Sen-
ate shall thereupon withdraw, and said question shall be submitted
to that body for its decision ; and the Speaker of the House of Rep-
resentatives shall, in like manner, submit said question to the
House of Representatives for its decision. And no question shall
be decided affirmatively, and no vote objected to shall be counted,
except by the concurrent votes of the two houses; which being
obtained, the two houses shall immediately reassemble, and the
presiding officer shall then announce the decision of the question
submitted ; and upon any such question there shall be no debate in
either house. And any other question pertinent to the object for
which the two houses are assembled may be submitted and deter-
mined in like manner.

At such joint meeting of the two houses seats shall be provided
as follows : for the President of the Senate, the "Speaker's chair ^ j
for the Speaker, a chair immediately upon his left 5 for the Senators,
in the body of the hall upon the right of the presiding officer ; for
the Representatives, in the body of the hall not occupied by the
Senators ; for the tellers. Secretary of the Senate, and Clerk of the
House of Representatives, at the Clerk's desk ; for the other offi-
cers of the two houses, in front of the Clerk's desk and upon either
side of the Speaker's platform.

Such joint meeting shall not be dissolved until the electoral votes
are all counted and the result declared; and no recess shall be
taken, unless a question shall have arisen in regard to counting any
of such votes, in which case it shall be competent for either house,



Digitized by



Google



JOINT RULES. 149

actiug separately iu the manner hereinbefore provided, to direct a
recess not beyond the next day, at the hour of one o'clock p. m. —
February 6, 1865.

[Afc the first session of the 44th Congress (see H, B. Journal^ p. 239) the Sen-
ate transmitted to the Hoase the foUowing message, viz :

** The Senate have passed the foUowing resolution, viz :

" * Resolved hy the Senate (the House of Bepreaentativea concurring). That the
joint rules of the Senate and House of Representatives in force at the close of
the last session of Congress, except the twenty-second joint rule, be, and the
same are hereby, adopted as the joint rules of the two houses for the present
session/ ''

The only action taken by the House on this resolution was its reference to
the Committee on Rules. Ibid, p. 318.

August 14, 1876, the House adopted the following resolution, viz :

** Resolved "by the House of Representatives (the Senate concurring). That the
sixteenth and seventeenth joint rules be suspended for the remander of the
session." — Same Journal, p. 1470.

The same having been transmitted to the Senate, on the 14th of August,
1876 (same Journal, pp. 1477, 1478), the Senate transmitted to the House the
following message, viz :

*' The Senate has passed a resolution in relation to the suspension of the
sixteenth and seventeenth joint rules, in iiesponse to a resolution of the House
on the same subject, notifying the House that as the House had not notified
the Senate of the adoption of joint rules for the present session, as proposed
by the resolution of the Senate of the 20th day of January last, there are no
joint rules in force."]



Digitized by



Google



Digitized by



Google



DIGEST

OF THE

RULES AND PRACTICE OP THE HOUSE OF REPRESENTATIVES
OP THE UNITED STATES.

SECOND EDITION.



Compiled by Henry H. Smith, Journal Clerk, House of Representatives, under
the act of March 3, 1877.



ABSENCE FROM THE HOUSE.

Prohibited except with leave or from inability to attend. — Rule
33, i). 109.

Less than a quorum may compel attendance. — Const., 1, 5, 8.

Fifteen members may compel attendance. — Rule 34, jp. 109.

Deduction from compensation for, and further deduction from
compensation for, without leave.-;— J2. /S., sees. 40, 41.

ABSENCE FROM COMMITTEES OF THE WHOLE.

When without quorum by reason of, roll to be called. — Rule 106,
p. 129.

[When the roll-call is finished, under the usual practice, the chair-
man Immediately vacates the chair and reports to the Speaker as
absentees all such as failed to answer to their names. Although
the practice varies as to the time of reporting the absentees, it
would seem that the mode prescribed by Rule 35, p. 109, was the
proper one to pursue, L e., the roll to be called and absentees noted,
after which the names of the absentees should be called over, and
then the absentees reported to the House.

ACCOUNTS, COMMITTEE OF.

For number, when appointed, and duties of. — Rules 74, 98, 140,
and 27, pp. 119, 126, 139, and 108.]



151

Digitized by ^



/Google



152 ACCOUNTS, COMMITTEE OF— ADJOURN, MOTION TO.

ACCOUNTS FOR PAY AND MILEAGE.

(See Compensation.)

ACTS AND ADDRESSES.

See Rule 8, p. 104.

ADDRESS TO THE PRESIDENT.

Where to be presented, by whom, &c. — Joint Rule 11, p, 146.

ADHERE, motion TO.

The questions respecting amendments from another honse are :
1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th, adhere —
Manual, p. 80 — and take precedence in that order. — Journals 1, 23,
p. 229 ; 1, 34, i). 1516 to 1518.

" In the ordinary parliamentary course there are two free confer-
ences, at least, before an adherence " — Manual, p. 88 — and some-
times three or four. — Journals, 1, 34, p. 943 ; 1, 35, p. 1136. Al-
though "either house is free to pass over the term of insisting, and
to adhere in the first instance ; but it is not respectful to the other.'^
— Manual, p. 86.

A conference may take place after a vote of adherence by one

house Journals, 1, 3, pp. 281, 283 ; 2, 3, p. 254 ; 1, 34, pp. 1600,

1602; 1, 35, pp. 604, 615, 620 ; Senate Journal, Jan. 20, 1834 ; Man-
ual, p. 89.

"After each house shall have adhered to their disagreement, a
bill or resolution shall be lost." — Joint Rule 15, p. 104.

(See Amendments between the two houses and Confer-
ence Committee.)

ADJOURN, motion TO.

"A motion to adjourn, and a motion to fix the day to which the
House shall adjourn, shall be always in order, and these motions
shall be decided without debate." — Rule 44, jp. 111. It has been de-
cided and acted upon that the motion " to fix the day to which the
House shall adjourn" takes precedence of a motion " to adjourn";
the reason being that before the House adjourns it is proper to fix
the time to which it shall adjourn — Note to same rule ; but when



Digitized by



Google



ADJOURN, MOTION TO. 153

less than a qaorum is present, do motion can be entertained except
to adjonin or for a call of the House. — Journal j 1, 29, jp. 356, and
Const.j 1, 5, 8.

[The motion to adjourn would of course, under such circum-
stances, take precedence.]

Only one motion to adjourn can be entertained pending a motion
to suspend the rules.— Rule 161, p. 142.

A resolution proposing, with the concurrence of the Senate, an
adjournment for more than three days, is held to be privileged. —
Journal, 2, 37, pp. 718 to 720.

"A motion for adjournment cannot be made while another is speak-
ing.'' Manualyp. 67. [But according to the practice, a member
speaking may yield for a motion to adjourn, or that the committee
rise, without losing his right to the floor when the subject is re-
sumed.— ^arc^y.]

"Nor can a motion to adjourn be received after another question
is actually put, and while the House is actually engaged in voting.''
— Manual, p. 73.

"A motion to adjourn simply cannot be amended, as by adding
'to a particular day,' but must be put simply ' that this House do
now adjourn'; and if carried in the aflftrmative, it is adjourned to
the next sitting day. unless it has come to a previous resolution
'that at its rising it will adjourn to a particular day,' and then the
House is adjourned to that day." — ManvM, p. 92.

A motion to adjourn may be repeated, although no question has
been put or decided since the former motion — Journal, 1, 23, p. 651 —
but there must have been some intervening business. — Ibid., 1,
31, 1092. [Another motion submitted, progress in debate, or read-
ing a paper by the Clerk, an order of the yeas and nays, &c., has
been considered such "intervening business" as will authorize the
repetition of the motion to adjourn.]

"The hour at which every motion to adjourn is made shall be en-
tered on the Journal." — Rule 45, p. 112.

A motion to fix the hour to which the House shall adjourn does
not take precedence of a motion to adjourn — Journal, 1, 29, j). 186 —
and can only be made when resolutions are in order — Journal, 1,
29, J). 933, and 1, 44, j>. 1026 — [or, of course, under a suspension of
the rules when in order.]



Digitized by



Google



154 ADJOURNMENT SINE DIE.

*^If a question be put for adjournment, it is no adjournment till
the Speaker pronounces it.'' — Manual, p. 92.

There must be an adjournment before the legislative day will ter-
minate — Journal, 1, 33, p. 804 — and an adjournment does not take
place by reason of the arrival of the time for the regular daily
meeting of the House. — Ibid.^pp, 803, 811. And an adjournment
does not necessarily take place at 12 a. m* on Sunday, nor is it
against order for a majority to continue in session after the said
hour, it being a question which must be left to be decided by the
judgment and discretion of the House itself. — Journal, 1, 24:, pp.
-577, 582.

" Neither house during the session of Congress shall, without the
consent of the other, adjourn for more than three days, nor to any
other place than that in which the two houses shall be sitting.'' —
Const, 1, 5, 9.

Where the two houses adjourn for more than three days, and not
to, or beyond, the period fixed by the Constitution or law for the
next regular session, the session is not thereby terminated, but con-
tinues until an adjournment without day, or until the next regular
session. — See Journals, 1, 39, pp. 107, 108 ; 2, 39, p. 106 ; 1, 40, pp.
157, 158, 184. And it is competent by concurrent resolution to pro-
vide for an adjournment to a particular day, and if upon that day
-a quorum is not present in each house, that the session shall termi-
nate. — Journal, 1, 40, pp. 157, 158, 184.

*' In case of disagreement between them (the two houses) with
respect to the time of adjournment, the President may adjourn the
two houses to such time as he may think proper." — Const, 2, 3, 18.

ADJOURNMENT SINE DIE.

The adjournment of a session (other than that which terminates
with the expiration of the term of service of the members) is pro-
vided for by the joint vote of the two houses, and usually in the fol-
lowing form : " Eesolved by the Senate and House of Eepresenta-
tives, That the President of the Senate and Speaker of the House
of Eepresentatives be authorized to close the present session by

-adjourning their respective houses on the day of , at —

o'clock — m." And such resolutions are held to be privileged.

A nd upon the arrival of the day and hour thus fixed, or the hour



Digitized by



Google



AGENTS FOR CLAIMS— AMENDMENT. 156

of 12 o'clock m. of the 4th of March of each alternate year, when,
by the usage, the last session of a Congress^ terminates, the Speaker
(either on or without motion) pronounces the House adjourned sine

die Journals^ 1, 28, p. 1362 ; 1, 33, p, 1345 ; 1, 35, p. 1148 ; 2, 32, p.

431 J 3, 34, p. 691 ; 2, 35, p. 625.

AGENTS FOE CLAIMS.

(See Claim Agents.)

AGRICULTURE, COMMITTEE ON.

When appointed, number and duties of. — {Rule 74, jp. 110.)
[No duties are assigned to this committee under the rules.]

AMENDMENT.

When a question is under debate, no motion shall be received
but to adjourn, to lie on the table, for the previous question, to post-
pone to a day certain, to commit or amend, to postpone indefinitely ;
which several motions shall have precedence in the order in which they
are arranged. — Bule 42, p. 111.

A motion to strike out the enacting words of a bill takes prece-
dence of a motion to amend. — Bule 123, p. 132. (See Enacting

WORDS, MOTION TO STRIKE OUT.)

A bill cannot be amended on the first reading. — Manual, p. 66.
[It seems to have become the settled practice of the House not to
receive an amendment to a House bill except when the question is
on its engrossment, and to a Senate bill except when the question is
on ordering it to a third reading.]

If the motion to amend is pending when a demand for the pre-
vious question is made, it is not cut off by the order of the previous
question. — Bule 132, p. 135.

An amendment may be moved to an amendment, but it is not ad-
mitted in another degree. — Manual, p. 76. [But it is a well-settled
practice of the House that there may be pending, at the same time
with such amendment to the amendment, an amendment in the
nature of a substitute for part or the whole of the original text,
and an amendment to that amendment. — (Journal, 1, SI, pp. 1074,
1075.) It was decided many years ago that if the motion to amend
the original matter wi\s first submitted, it was not then in order to



Digitized by



Google



156 AMENDMENT.

submit an amendment in the nature of a substitute — Journal^ 1, 19,
j>. 794; but it was subsequently decided otherwise — Journal^ 1, 28,
p. 807 — and the practice ever since has been in accordance with the
latter decision. So, now, notwithstanding the pendency of a motion
to amend an amendment to the original matter, a motion to amend,
in the nature of a substitute, and a motion to amend that amend-
ment, may be received, but cannot be voted upon until the original
matter is perfected. — Barclay.]

An amendment of the House to a Senate amendment is only in
the first degree; for, as to the Senate, the first amendment with
which they passed the bill is a part of its text ; it is the only text
they have agreed to. — Manual, p. 88. — (See Amendments between
THE Houses.)

"When it is proposed to amend by inserting aparagraphj or part
of one, the friends of the paragraph may make it as perfect as they
can, by amendments, before the question is put for inserting. If
it be received, it cannot be amended afterward in the same stage,
because the House has, on a vote, agreed to it in that form.'' — Man-
ual, p. 79. But an amendment which has been inserted may be
added to. — Journal, 1, 19, p. 794.

AlthoDgh it is not in order to strike out by itself what has been
inserted, it may be moved to strike out a portion of the original
paragraph, comprehending what has been inserted, provided the
coherence to be struck out be so substantial as to make this effect-
ively a difiereut proposition. — Manual, p. 80.

K it is proposed to amend by striking out a paragraph, the
friends of the paragraph are first to make it as perfect as they can,
by amendments, before the question is put for striking it out. —
Manual, p. 79. But (contrary to the parliamentary practice) if on
the question it be retained, neither amendment nor a motion to
strike out and insert shall be precluded thereby, and a motion to
strike out and insert is indivisible. — Rule 46, p, 110. — (See Strike
OUT, Motion to.)

After a proposition is amended it cannot be withdrawn. — Rule 40,
p. 108. (Nor after the previous question is seconded.) It may,
however, be withdrawn while the House is dividing on a demand
for the previous question. — Journal, 2, 29, p, 241.

A motion to amend cannot be modified after the previous ques-



Digitized by



Google



AMENDMENT. 157

tion is seconded — Journal^ 1, 28, p. 811 — [doubtless for the reason
that the pendency of the particalar amendment may be the indace-
ment for seconding the previous question.]

If a member yields the floor to another to offer an amendment,
as he may do, the member yielding loses his right to reoccupy it. —
Journal, 1, 26, p. 248.

An amendment proposing to ingraft a general provision of law
upon a private bill is against order. — Journal^ 1, 31, p. 784. It is
also out of order to ingraft upon a bill for the relief of one indi-
vidual a provision for the relief of another. — Journal, 2, 32, p, 414,

No motion or proposition on a subject different from that under
consideration shall be admitted under color of amendment. And
no bill or resolution shall, at any time^ be amended by annexing
thereto, or incorporating therewith, any other bill or resolution
pending before the House. — Rule 48, p, 112. The latter clause of the
48th rule, as originally reported to the House, contained at the end
of it, ^^ nor by any proposition containing the substance, in whole or
in part, of any other bill or resolution pending before the House.''
These words were stricken out by the House before it would agree
to the rule, by which it would seem to have been decided that an
amendment containing the substance of another bill or resolution
may be entertained. — N^ote to Rule 48, p. 112. [Such, too, has been
the practice ever since.] It has been decided that an amendment
including the same provisions, to a very great extent, as other bills
pending before the House, is in order.— JbwrnaZ, 1, 31, p. 1333.

If an amendment be proposed inconsistent with one already
agreed to, it is a fit ground for its rejection by the House, but not
within the competence of the Speaker to suppress as if it were
against order. — Manual, p. 78.

On an amendment being moved, a member who has spoken to the
main question may speak again to the amendment. — Manual, p. 78.

A bill granting lands to a State for railroad purposes may be
amended by adding thereto a similar provision for other States. —
Journal, 1, 32, pp. 427, 967.

A resolution of the House cannot be amended so as to be con-
verted into a Joint Resolution. — Journal, 1, 32, p. 679.

No amendment by way of rider shall be received to any biU on
its third reading.— iZwZe 126, p. 133.



Digitized by



Google



158 AMENDMENT.

An amendment to the rules cannot be proposed without one day^s
notice — Rule 145, p. 140 — nor, without a similar notice, is it in order
to offer an amendment, the effect of which is to change a stand-
ing rule. — Journal^ 1, 17, p. 282. And it is virtually an amendment
of the rules to impose other duties upon an officer of the House than
those already prescribed. — Journal^ 1, 31, p. 456.

An amendment reported from the Committee of the Whole as an
entire amendment is not divisible. — Journals 1, 28, p. 1061 ; 1, 29,
pp. 366, 642 5 1, 30, p. 1069 ; 2, 30, p. 574. Nor is an amendment of
the Senate divisible. — Journal, 2, 32, p. 401. Nor is it subject to-
the point of order that, under Eule 112, it must be first considered
in the Committee of the Whole House.— t7bf*rnaZ 1, 45, p. 485..

After a bill has been reported from the Committee of the Whole
with amendments, it is in order to submit an additional amendment,,
but the first question put is upon the amendment reported. — Jour-
nalj 1, 29, p. 865. If, in Committee of the Whole, an amendment
is adopted, and subsequently the paragraph as amended is struck
out, the amendment striking out is the only one to be reported to
the House. And if the latter is voted down in the House, the first
amendment is not thereby revived. — Journal, 2, 31, p, 346.

No appropriations shall be reported in a general appropriation bill,
or be in order as an amendment thereto, for any expenditure not pre-



Online LibraryUnited States. Congress. HouseConstitution of the United States ... with the amendments thereto, to which ... → online text (page 14 of 34)