:

put on the whole, for agreeing to it as amended, or unamended. But if it be a paper referred to them, they proceed to put questions of amendment, if proposed, but no final question on the whole because all parts of the paper having been adopted by the house, stand of course, unless altered, or struck out by vote. Even if they are opposed to the whole paper, and think it cannot be made good by amendments, they cannot reject it, but must report it back to the house without amendments, and there make their opposition.

The natural order in considering and amending any paper is, to begin at the beginning, and proceed through it by paragraphs, and this order is so strictly adhered to in parliament, that when a latter part has been amended, you cannot recur back and make any alteration in a former part. 2 Hats. 90.

In numerous assemblies, this restraint is doubtless important. [But in the senate of the United States, though in the main we consider and amend the paragraphs in their natural order, yet recurrences are indulged: and they seem, on the whole, in that small body, to produce advantages overweighing their inconveniences.]

To this natural order of beginning at the beginning, there is a single exception found in parliamentary usage. When a bill is taken up in committee, or on its second reading, they postpone the preamble, till the other parts of the bill are gone through. The reason is, that on consideration of the body of the bill such alterations may therein be made as may also occasion the alteration of the preamble. Scob. 50. 7 Grey, 431.

On this head the following case occurred in the senate, March 6, 1800: A resolution, which had no preamble, having been already amended by the house so that a few words only of the ori ginal remained in it, a motion was made to prefix a preamble, which having an aspect very different from the resolution, the mover intimated that he should afterwards propose a correspondent amend. ( ment in the body of the resolution. It was object. ed that a preamble could not be taken up till the body of the resolution is done with. But the preamble was received: because we are in fact through the body of the resolution, we have amended that as far as amendments have been offered, and in. deed till little of the original is left. It is the proper time, therefore, to consider a preamble: and whether the one offered be consistent with the resolution, is for the house to determine. The mover indeed has intimated that he shall offer a subsequent proposition for the body of the resolu tion; but the house is not in possession of it; it remains in his breast, and may be withheld. The rules of the house can only operate on what is before them. [The practice of the senate, too, allows recurrences backwards and forwards for the purposes of amendment, not permitting amendments in a subsequent, to preclude those in a prior part, or e converso.]

When the committee is through the whole, a member moves that the committee may rise, and the chairman reports the paper to the house, with or without amendments, as the case may be. 2 Hats. 289, 292. Scob. 53. 2 Hats. 290. 8 Scob. 50.

When a vote is once passed in a committee, it cannot be altered but by the house, their votes being binding on themselves. 1607, June 4.

The committee may not erase, interline, or blot the bill itself; but must, in a paper by itself, set down the amendments, stating the words which are to be inserted or omitted, Scob. 50, and where, by references to the page, line and word of the bill. Scob. 50.

SEC. XXVII.-REPORT OF COMMITTEE.

The chairman of the committee, standing in his place, informs the house that the committee, to whom was referred such a bill, have, according to order, had the same under consideration, and have directed him to report the same without any amendment, or with sundry amendments, (as the case may be,) which he is ready to do when the house pleases to receive it. And he, or any other, may move that it be now received. But the cry of " now, now," from the house, generally dispenses with the formality of a motion and question. He then reads the amendments, with the coherence in the bill, and opens the alterations, and the reasons of the committee for such amendments, until he has gone through the whole. He then delivers it at the clerk's table, where the amendments reported are read by the clerk, without the coherence, whereupon the papers lie upon the table till the house at its convenience shall take up the report. Scob. 52. Hakew. 148.

The report being made, the committee is dissolved, and can act no more without a new power. Scob. 51. But it may be revived by a vote, and

M

the same matter re-committed to them.

361.

4 Grey,

SEC. XXVIII.—BILL, RECOMMITMENT. After a bill has been committed and reported, it ought not, in an ordinary course, to be recommitted. But in cases of importance, and, for special reasons, it is sometimes recommitted, and usually to the same committee. Hakew. 151. If a report be recommitted before agreed to in the house, what has passed in committee is of no validity; the whole question is again before the committee, and a new resolution must be again moved, as if nothing had passed. 3 Hats. 131, note.

In senate, January, 1800, the salvage bill was recommitted three times after the commitment.

A particular clause of a bill may be committed without the whole bill, 3 Hats. 131, or so much of a paper to one, and so much to another committee:

SEC. XXIX.-BILL, REPORT TAKEN up.

When the report of a paper originating with a committee is taken up by the house, they proceed exactly as in committee. Here, as in committee, when the paragraphs have, on distinct questions, been agreed to seriatim, 5 Grey, 366. 6 Grey, 368. 8 Grey, 47, 104, 360. 1 Torbuck's deb. 125. 3 Hats. 348, no question needs be put on the whole report. 5 Grey, 381.

On taking up a bill reported with amendments, the amendments only are read by the clerk. The speaker then reads the first and puts it to the question, and so on till the whole are adopted or rejected, before any other amendment be admit

ted, except it be an amendment to an amendment. Elsynge's Mem. 53. When through the amendments of the committee, the speaker pauses, and gives time for amendments to be proposed in the house to the body of the bill: as he does also if it has been reported without amendments; putting no questions but on amendments proposed: and when through the whole, he puts the question whether the bill shall be read a third time?

SEC. XXX.-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 dif ferent. The former shall be first stated. “All bills,

[The 28th rule of the senate says, 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 proceeding of the senate, as in a commit. tee of the whole, or in quasi-committee, is precisely as in a real committee of the whole, taking