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SECT. III. -THEIR REPORT.

211. When a suitable time arrives, the chairman obtains the floor, and says, "Mr. President, The committee to whom was referred" (such a subject or paper) are prepared to report." Or in the pause of business, or in accordance with the order of business, the presiding officer will say, "Is the committee on," &c., or, " to whom was referred," &c., "prepared to report?" The chairman will reply, "Prepared," or "Ready." Ready." The presiding officer will respond, "Let the report be received." If no objection be made to its reception, the chairman will proceed to read the report, and, having done so, will hand it up to the clerk's table.

212. A motion for the reception of a report is unnecessary, unless objection be made to its consideration at that time. If objection be raised, a motion must be made and a question put on its reception. Sometimes, when the chairman announces that the committee is prepared to present the report whenever the assembly may be ready to receive it, that readiness may be shown, without a formal motion, by the members crying out, "Now! now!" &c.; or, better still, the chair may assume, from his knowledge of the case, that the assembly is ready for its reception, and may officially announce, "Let the report be received." If, however, he may have misjudged the wishes of the house, and any one dissents, he must retrace his steps, and demand that a motion be made on the question of its reception. Of course, after the report has been read, it would be out of order and superfluous to move to receive it; as it could not have been read until it had been in the possession of the house. And how could the assembly with propriety vote to receive that which it has already in fact received, and partially acted on? After the reading of the report, the only pertinent motion is one to adopt it, or otherwise properly dispose of it.

213. Should a motion be made to adopt, as has been already observed, the presiding officer should read the

report, or cause it to be read, paragraph by paragraph, pausing at the close of each to afford members an opportunity to propose amendments; and after all the paragraphs have been read, he should put the question on the adoption of the whole, amended or unamended. Should the report consist of a series of resolutions on distinct subjects, he may put the question on each and not on all; because that would be in effect taking the vote on the same subject twice. Should the resolutions be on the same subject, the question is to be put on the whole also. Should there be a preamble to the resolutions, it is not to be considered and amended until after the final vote on the resolutions; for the reason that amendment may so change them as to require a corresponding change in the preamble.

214. The report, in its arguments and its phraseology, is as liable to amendment by the assembly as are its resolutions. When adopted by the house, it becomes the action of the house; and should in all its parts represent the sentiments and the taste of the house. If it may alter the resolution offered by a member to make it suit itself, why may it not do the same to the report of its committee? This is not the universal usage in deliberative bodies; but it ought to be.

215. In the case of a paper referred,—not that its general merits may be considered by the committee, but only that amendments may be made to its particulars, the paper is not to be erased or interlined, but amendments proposed by the committee are to be written on another sheet. When the report is presented, the chairman reads the proposed amendments, "with the coherents in the paper," giving at the same time the reasons of the committee. When a motion is made to agree to the report of the committee, the siding officer puts questions on motions to amend the committee's amendments, if any are proposed, and, finally, on the adoption of the paper, amended or unamended.

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216. When the report is received, the committee is

thereby discharged. But it may be revived again, and the same matter recommitted to it. Should the report of a committee not be received, it does not become for that reason discharged; but it may be ordered to sit again, and consider the same matter. When a subject is referred to a committee, with instructions, those instructions must be carried literally into effect. But a committee may be discharged, and the subject recommitted to another committee. In this case, what has been passed is of no force, and the subject may be treated as if committed for the first time

217. If the minority of a committee desire to do so, it is admissible for them to present what is called a minority report. In this case, when the report of the majority is read, one of them should move that the report lie on the table, to furnish the minority an opportunity to present their report. If he has it prepared, he should read it. If it is not yet finished, he should state that fact, and move that the report be postponed to a short time in advance, in order to allow the minority to get their report ready. If these motions to defer prevail, as they always should, when both reports are before the assembly, it may adopt one or the other, according as it may meet its views.

SECT. IV.

COMMITTEE OF THE WHOLE.

218. The Committee of the Whole, as its name imports, is composed of all the members of the assembly, and its design is to secure for propositions more extended and detailed examination and discussion than can with certainty be secured under the rules and formalities of the assembly. In committee of the whole, members may speak as often as they can obtain the floor, and the previous question is inadmissible.

219. Besides the two particulars above, the assembly, in the form of the committee of the whole, differs from the assembly proper in four other particulars, as follows: (1) It cannot adjourn. When it completes

its business, it must rise and report to the house. (2) It cannot refer subjects to other committees. In this it differs from ordinary committees also; for they can raise sub-committees and refer subjects to them. (3) The presiding officer of the assembly can, in committee of the whole, take part in the proceedings as though he were a private member. (4) A committee of the whole cannot punish disorderly conduct, but must report it to the house for its animadversion. In other respects, the forms of proceeding are the same in committee of the whole as in the assembly proper.

220. The following is the manner of proceeding in resolving the assembly into committee. A member moves that the house now resolve itself into committee of the whole to take into consideration such a subject. If the motion prevails, the presiding officer calls some one to the chair, and takes his seat among the members. The chairman thus designated will take the president's seat,* and say: "The committee of the whole have referred to them the resolution, &c. relating to Let it be read." After it has been read, he will say: "The resolution, &c. is before the committee." This makes it in order for discussion and other proceedings on it to commence. The assembly can itself appoint the chairman, if it so desires.

221. The quorum is the same as the quorum in the assembly, and is just as necessary in the one case as the other. Whenever it is discovered that a quorum is not present, the committee must immediately rise, and the fact must be reported to the assembly.

222. When the committee have gone through with the resolution or business, by motion and question, it will rise, and the chairman will be instructed to report to the assembly. The president of the assembly will resume the chair, and the chairman of the committee standing up at his own seat, or taking his position at a more convenient place, will say: "Mr. President, The

* Jefferson says he will sit at the clerk's table.

committee of the whole have had under consideration," (mentioning what,) " and have instructed me to report the same," (with certain amendments, naming them, or,) "without amendments,"—or,-"negatived." The president will repeat this report, and present it for the consideration and action of the assembly. Should the proposition or resolution have been negatived by the committee, the presiding officer will put the question: "Will the house agree to the report of the committee?" 223. Should the committee not have completed the business before it rises, the chairman will report progress and ask leave to sit again. If leave be granted, the assembly will name a time when it will again go into committee on that subject. If leave be refused, the effect is to bring up the subject immediately before the assembly.

224. Amendments proposed by the committee may be amended or rejected by the assembly, and matters stricken out by the committee may be restored by the assembly.

225. The secretary of the assembly is required to record only the report of the committee of the whole. F