CHAP. I. 1st Congress. 1st Session. Senate concurs. Organization of Houses-Rules, &c. The amendment of the Senate was concurred in, with an amendment, That the members of the state legislatures be directed to take the oath at their next sessions, respectively. 1789. The Senate, on the 7th of May, agreed to the amendment S. Journal, made by the House of Representatives. On the 18th of May, p. 23. Committee the Senate appointed Mr. Lee to be a committee on their part, to enroland to join any committee appointed for that purpose on the part present bill of the House of Representatives, to lay before the President of of Senate, to Presi dent. House the United States, for his approbation, a bill, entitled, "An Act Id. p. 27. to regulate the time and manner of administering certain oaths," after it shall be enrolled, examined by the said committee, and signed by the speaker of the House of Representatives, and by the Vice-President. On the 19th of May, the House of Repre- H. Journal, committee. sentatives appointed Messrs. Partridge and Floyd to be the com- p. 38. mittee on their part, for the same purpose. The bill was laid before the President, by this committee, on the 22d of May, and President a message from the President was received by the House of Re- Id. p. 40, presentatives, on the 1st of June, certifying the house that he had approved and signed the bill. approves bill. Oath administered to 43. The bill having passed, the oath was administered by the Id. p. 44. House, and speaker of the house, on the 2d of June, to the clerk, and to to Senate. such of the members as had not already taken the oath under a Senate to prepare resolution of the house of the 6th of April, prescribing a form, Id. p. 7, 11. The Senate, on the 7th of April, appointed Messrs. Ellsworth, Id. p. 10. committee, Lee, Strong, Maclay, and Bassett, to be a committee to prepare rules in re- rules to govern the two houses in cases of conference, and on the manner of electing chaplains; also, to prepare rules for conence, chap- ducting business in the Senate. lation to confer lains, &c. System of Mr. Boudinot, on the same day, from the committee of the H. Journal, House of Representatives, appointed to prepare rules and orders P. 8—11. of proceeding for that house, made the following report, which was agreed to by the house : "The committee to whom it was referred to prepare such rules for standing rules and orders of proceeding as may be proper to be the house, reported observed in this house, have, according to order, prepared the and agreed same, and agreed to the following report:— to. CHAP. I. 1st Congress. 1st Session. Rules. Duty of the speaker. Of deco rum and debate. Organization of Houses-Rules, &c. "Resolved-That it is the opinion of this committee, that the rules and orders following are proper to be established, as the standing rules and orders of this house; to wit: "First.-Touching the Duty of the Speaker. "He shall take the chair every day at the hour to which the house shall have adjourned on the preceding day; shall immedidiately call the members to order, and, on the appearance of a quorum, shall cause the journal of the preceding day to be read. "He shall preserve decorum and order; may speak to points of order in preference to other members, rising from his seat for that purpose, and shall decide questions of order, subject to an appeal to the house by any two members. "He shall rise to put a question, but may state it sitting. "If the speaker doubt, or a division be called for, the house "The speaker shall appoint committees, unless it be determined by the house that the committee shall consist of more than three members, in which case the appointment shall be by ballot of the house. "In all cases of ballot by the house, the speaker shall vote; in other cases he shall not vote, unless the house be equally divided, or unless his vote, if given to the minority, will make the division equal, and, in case of such equal division, the question shall be lost. "When the house adjourns, the members shall keep their seats until the speaker go forth, and then the members shall follow. Secondly.-Of Decorum and Debate. 1789. H. Journal, p. 8, 9. "When any member is about to speak in debate, or deliver Id. 9, 10. any matter to the house, he shall rise from his seat, and respectfully address himself to Mr. Speaker. СНАР. І. 1st Congress. 1st Session. Rules. Organization of Houses-Rules, &c. "If any member, in speaking, or otherwise, transgress the rules of the house, the speaker shall, or any member may, call to order; in which case the member called to order shall immediately sit down, unless permitted to explain, and the house shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the chair shall be submitted to. If the decision be in favour of the member called to order, he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censure of the house. "When two or more members happen to rise at once, the speaker shall name the member who is first to speak. "No member shall speak more than twice to the same question, without leave of the house; nor more than once, until every member choosing to speak, shall have spoken. "Whilst the speaker is putting any question, or addressing the house, none shall walk out of, or across the house; nor either in such case, or when a member is speaking, shall entertain private discourse, or read any printed book or paper; nor whilst a member is speaking, shall pass between him and the chair. "No member shall vote on any question, in the event of which he is immediately and particularly interested; or in any other case where he was not present when the question was put. "Every member who shall be in the house when a question is put, shall vote on the one side or the other, unless the house, for special reasons, shall excuse him. "When a motion is made, and seconded, it shall be stated by the speaker, or, being in writing, it shall be handed to the chair, and read aloud by the clerk, before debated. "Every motion shall be reduced to writing, if the speaker, or any member, desire it. "After a motion is stated by the speaker, or read by the clerk, it shall be deemed to be in possession of the house, but may be withdrawn at any time before a decision or amendment. "When a question is under debate, no motion shall be received, unless to amend it, to commit it, for the previous question, or to adjourn. "A motion to adjourn shall be always in order, and shall be decided without debate. "The previous question shall be in this form: Shall the main question be now put? It shall only be admitted when demanded by five members; and, until it be decided, shall preclude all amendment and farther debate of the main question. "On a previous question, no member shall speak more than once, without leave. 1789. 1st Congress. 1st Session. Rules. "Any member may call for the division of a question, where the same will admit of it. "A motion for commitment, until it be decided, shall preclude all amendment of the main question. "Motions and reports may be committed at the pleasure of the house. "No new motion or proposition shall be admitted, under colour of amendment, as a substitute for the motion or proposition under debate. "Committees, consisting of more than three members, shall be balloted for by the house; if, upon such ballot, the number required shall not be elected by a majority of the votes given, the house shall proceed to a second ballot, in which a plurality of votes shall prevail; and, in case a greater number than are required to compose or complete the committee, shall have an equal number of votes, the house shall proceed to a farther ballot or ballots. "In all other cases of ballot, than for committees, a majority of the votes given shall be necessary to an election, and where there shall not be such majority on the first ballot, the ballot shall be repeated until a majority be obtained. "In all cases where others than members of the house may be eligible, there shall be a previous nomination. "If a question depending be lost by adjournment of the house, and revived on the succeeding day, no member who has spoken twice on the day preceding, shall be permitted again to speak without leave. 66 "Every order, resolution, or vote, to which the concurrence of the Senate shall be necessary, shall be read to the house, and laid on the table, on a day preceding that in which the same shall be moved, unless the house shall otherwise expressly allow. Petitions, memorials, and other papers, addressed to the house, shall be presented through the speaker, or by a member in his place, and shall not be debated or decided on the day of their being first read, unless where the house shall direct otherwise; but shall lie on the table, to be taken up in the order they were read. 66 Every fifteen members (including the speaker, if there be one,) shall be authorized to compel the attendance of absent members. "Upon calls of the house, or in taking the ayes and noes on any question, the names of the members shall be called alphabetically. VOL. I.-3 1789. CHAP. I. 1st Congress. 1st Session. Organization of Houses-Rules, &c. 1789. Rules. "Thirdly-Of Bills. Every bill shall be introduced by motion for leave, or by an H. Journal, Of Bills. order of the house on the report of a committee, and, in either P. 10. case, a committee to prepare the same shall be appointed. In cases of a general nature, one day's notice, at least, shall be given of the motion to bring in a bill, and every such motion may be committed. Of com "Every bill shall receive three several readings in the house, previously to its passage; and all bills shall be despatched in order as they were introduced, unless where the house shall direct otherwise; but no bill shall be twice read, on the same day, without special order of the house. "The first reading of a bill shall be for information, and if opposition be made to it, the question shall be, "Shall the bill be rejected?" If no opposition be made, or the question to reject be negatived, the bill shall go to its second reading without a question. "Upon the second reading of a bill, the speaker shall state it is ready for commitment or engrossment; and, if committed, then the question shall be, whether to a select committee, or to a committee of the whole house: if to a committee of the whole house, the house shall determine on what day. But if the bill be ordered to be engrossed, the house shall appoint the day when it shall be read the third time. After commitment, and a report thereof to the house, a bill may be recommitted, or at any time before its passage. "All bills ordered to be engrossed shall be executed in a fair round hand. The enacting style of bills shall be,- Be it enacted by the senators and representatives of the United States, in congress assembled.' "When a bill shall pass, it shall be certified by the clerk, noting the day of its passing at the foot thereof. "No bill amended by the Senate shall be committed. "Fourthly.-Of Committees of the whole House. "It shall be a standing order of the day, throughout the sesmittees of sion, for the house to resolve itself into a committee of the whole house on the state of the Union. the whole house. "In forming a committee of the whole house, the speaker shall leave his chair, and a chairman, to preside in committee, shall be appointed. Ibid. |