relation to these, such as acceptances of invitations to attend orations, to take part in processions, etc. These must be understood to be merely conventional among those who are willing to participate in the ceremony, and are therefore, perhaps, improperly placed among the records of the House.

SEC. XIX. PETITION

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A petition prays something. A remonstrance has no [719.1] prayer. 1 Grey, 58.

Petitions must be subscribed by the petitioners (Scob., 87; [719.2] L. Parl., c. 22; 9 Grey, 362), unless they are attending (1 Grey, 401), or unable to sign, and averred by a member (3 Grey, 418). But a petition not subscribed, but which the member presenting it affirmed to be all in the handwriting of the petitioner, and his name written in the beginning, was on the question (March 14, 1800) received by the Senate. The averment of a member, or of somebody without doors, that they know the handwriting of the petitioners is necessary, if it be questioned. 6 Grey, 36. It must be presented by a member-not by the petitioners-and must be opened by him, holding it in his hand. 10 Grey, 57.

NOTE.-See Senate Rule VII, clauses 3, 4.

Regularly, a motion for receiving it must be made and [719.3] seconded, and a question put, whether it shall be received. But a cry from the House of "received," or even its silence, dispenses with the formality of this question. It is then to be read at the table and disposed of.

SEC. XX. MOTIONS

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When a motion has been made, it is not to be put to the [720.1] question or debated until it is seconded. Scob., 21.

It is then, and not till then, in possession of the House, [720.2] and can not be withdrawn but by leave of the House. It

[720.3]

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[721.1]

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is to be put into writing, if the House or Speaker require it, and must be read to the House by the Speaker as often as any member desires it for his information. 2 Hats., 82.

NOTE.-See Senate Rule XXI.

It might be asked whether a motion for adjournment or for the order of the day can be made by one member while another is speaking. It can not. When two members offer to speak, he who rose first is to be heard, and it is a breach of order in another to interrupt him, unless by calling him to order if he departs from it. And the question of order being decided, he is still to be heard through. A call for adjournment, or for the order of the day, or for the question, by gentlemen from their seats, is not a motion. No motion can be made without rising and addressing the Chair. Such calls are themselves breaches of order, which, though the member who has risen may respect as an expression of impatience of the House against further debate, yet, if he chooses, he has a right to go on.

When the House commands, it is by an "order." But fact, principles, and their own opinions and purposes are expressed in the form of resolutions.

A resolution for an allowance of money to the clerks being moved, it was objected to as not in order, and so ruled by the Chair; but on appeal to the Senate, i. e., a call for their sense by the President, on account of doubt in his mind, according to Rule XX, clause 2, the decision was overruled. Jour. Senate, June 1, 1796. I presume the doubt was whether an allowance of money could be made otherwise than by bill.

SEC. XXII. BILLS

Every bill shall receive three readings previous to its being passed, and the President shall give notice at each whether

it be first, second, or third, which readings shall be on three different days, unless the Senate unanimously direct otherwise.

NOTE.-See Senate Rule XIV, clause 2.

SEC. XXIII.

BILLS, LEAVE TO BRING IN

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When a member desires to bring in a bill on any subject, he states to the House in general terms the causes for doing it, and concludes by moving for leave to bring in a bill, entitled, etc. Leave being given on the question, a committee is appointed to prepare and bring in the bill. The mover and seconder are always appointed of this committee, and one or more in addition. Hakew., 132; Scob., 40. It is to be presented fairly written, without any erasure or interlineation, or the Speaker may refuse it. Scob., 41; 1 Grey, 82, 84.

NOTE.-See Senate Rule XIV, clause 1.

When a bill is first presented, the Clerk reads it at the table and hands it to the Speaker, who, rising, stated to the House the title of the bill, that this is the first time of reading it, and the question will be whether it shall be read a second time, then sitting down to give an opening for objections. If none be made, he rises again and puts the question whether it shall be read a second time. Hakew., 137, 141. A bill can not be amended on the first reading (6 Grey, 286) nor is it usual for it to be opposed then, but it may be done, and rejected. D'Ewes, 335, col. 1; 3 Hats., 198.

SEC. XXV. BILLS, SECOND READING

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The second reading must regularly be on another day, [725.1] Hakew., 148. It is done by the Clerk at the table, who then hands it to the Speaker. The Speaker, rising, states to the House the title of the bill; that this is the second

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[726.1]

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time of reading it; and that the question will be whether it shall be committed, or engrossed and read a third time. But if the bill came from the other House, as it always comes engrossed, he states that the question will be whether it shall be read a third time; and before he has so reported the state of the bill no one is to speak to it. Hakew., 143, 146. NOTE.-See Senate Rule XIV, clause 3.

In the Senate of the United States, the President reports the title of the bill; that this is the second time of reading it; that it is now to be considered as in a Committee of the Whole; and the question will be whether it shall be read a third time, or that it may be referred to a special committee. NOTE.-See Senate Rule XIV, clauses 3-5.

SEC. XXVI. BILLS, COMMITMENT

If on motion and question it be decided that the bill shall be committed, it may then be moved to be referred to Committee of the Whole House, or to a special committee. If the latter, the Speaker proceeds to name the committee. Any member also may name a single person, and the Clerk is to write him down as of the committee. But the House have a controlling power over the names and number, if a question be moved against any one; and may in any case put in and put out whom they please.

NOTE.-See Senate Rules XV, clause 1, and XXVI, clause 1.

Those who take exceptions to some particulars in the bill are to be of the committee, but none who speak directly against the body of the bill; for he that would totally destroy will not amend it (Hakew., 146; Town., col. 208; D'Ewes, 634, col. 2; Scob., 47); or, as is said (5 Grey, 145) the child is not to be put to a nurse that cares not for it (6 Grey, 373). It is therefore a constant rule "that no man is to be employed in any matter who has declared himself against it." And when any member who is against the bill hears himself

named of its committee, he ought to ask to be excused. Thus, March 7, 1606, Mr. Hadley was, on the question being put, excused from being of a committee, declaring himself to be against the matter itself. The Clerk may deliver the bill to any member of the [726.3] committee (Town., col. 138), but it is usual to deliver it to

him who is first named.

Scob., 46.

In some cases the House has ordered a committee to with- [726.4] draw immediately into the committee chamber, and act on and bring back the bill, sitting the House. Scob., 48. A committee meet when and where they please, if the House has not ordered time and place for them (6 Grey, 370), but they can only act when together, and not by separate consultation and consent-nothing being the report of the committee but what has been agreed to in committee actually assembled.

A majority of the committee constitutes a quorum for [726.5] business. Elsynge's Method of Passing Bills, 11.

Any member of the House may be present at any select [726.6] committee, but can not vote, and must give place to all of the committee, and sit below them. Elsynge, 12; Scob., 49.

The committee have full power over the bill or other paper [726.7] committed to them, except that they can not change the title or subject. 8 Grey, 228.

The paper before a committee, whether select or of the [726.8] whole, may be a bill, resolutions, draft of an address, etc., and it may either originate with them or be referred to them. In every case the whole paper is read, first by the clerk and then by the chairman, by paragraphs (Scob., 49), pausing at the end of each paragraph, and putting questions for amending, if proposed. In the case of resolutions on distinct subjects, originating with themselves, a question is put on each separately, as amended or unamended, and no final question on the whole (3 Hats., 276), but if they relate to the same subject a question is put on the whole.