2160. Until the calling of the roll is completed, and the decision of the House announced, members have a right to be called again, and change their votes; and if absent members come in, they may be allowed to vote.1

2161. If a member is recorded as voting, when he was not in the House, his name may be erased by unanimous consent.2 See BAR OF HOUSE.

2162. If a member does not apply until after the decision has been announced, he can only be permitted to record his vote on motion by leave of the House.3

2163. Votes accidentally omitted may be entered at any time.'

2164. The Speaker's decision cannot be questioned, where the voices are given only on one side, and the Speaker declares on that side.5

2165. Where there is any proceeding in the House which affects the character of a member, as soon as the matter has been examined into, the member is to be heard, and then to withdraw, even before any question is moved upon his conduct.

2166. The member is not to withdraw till he knows what will be the substance of the charge against him, and till he has had an opportunity of explaining to the House the motives of his conduct in the matter alleged against him."

2167. Where this charge arises out of a report from a committee, or from an examination of witnesses in the House, the member accused knows to what points he is to direct his exculpation, and may therefore be heard to those points, before any question is moved, or stated against him; and in this case he is to be heard, and to withdraw before any question is moved.

2168. But where the question itself is the charge, for any breach of the orders of the House, or for any matter that has arisen in the debate, there the charge must be stated, i. e., the question must be moved. The member must be then heard, in

his explanation, or exculpation, and then, and not till then, he is to withdraw.1

2169. If any doubt should be entertained by the House whether a vote should be disallowed, or not, the member whose vote is under consideration should withdraw immediately after he has been heard in his place, and before the question is proposed. See ORDER.

2170. It is a distinct rule, that no member who is personally interested in a question shall be allowed to vote upon it;3 but this interest must be direct, and peculiar, and not merely of a general or remote description; neither does this rule hold in preliminary, or incidental questions. See ORDER.

2171. If the member shall deny the benefit, then the House must judge whether his vote shall be allowed. But when the question relates only to some part of a bill, or to the general tenor of a bill which in some way or other might affect their interests, they may be entitled to vote.

2172. As to what constitutes interest in a measure, see C. L. & P. 1791; also May 222, 223.

2173. Questions concerning the pay of members are an exception, and do not disqualify.

2174. Votes may be received that have been disallowed; but where votes have been refused, they are seldom, if ever, after allowed. A mistake in the report of the tellers may be rectified after the report is made."

2175. Where, by the allowance, or disallowance of votes, the result is changed, the operation of which reverses the decision of the House, all the subsequent proceedings become null and void.8

2176. As to votes incorrectly announced on sequence of some error, See BILLS.

12 Hats. 122, note; 119, 120, and

note.

2 80 Com. Jour. 110; 91 Ibid. 271. May 223.

33 Parl. His. 792, 793, 794, 795. * May 222.

"Bills" in con

5 33 Parl. His. 792.

6 35 Ibid. 455.

72 Hats. 145, note.

8 H. Jour. I. 28. 447. 13 Cong. Globe 315. H. Jour. I. 38. 587. 15 Cong. Globe 856.

2177. A member may change his vote before the tellers—if the vote is taken in that manner-report the result, the same as when the question is taken by yeas and nays.1

2178. A new count by tellers cannot be demanded when no error occurs in the report of the tellers.2

2179. After the House has ordered tellers on a question, no member can give up the count; the tellers must perform their duty.3

2180. In case of an equality of voices, the question is declared to have been resolved in the negative, according to the ancient rule in such cases, "Semper præsumitur pro negante."

2181. The Chair can vote when there is a tie vote, or where the vote is by ballot.5

2182. The effect of this rule is altered when the House is sitting judicially, as the question is then put for reversing, and not for affirming; and consequently, if the numbers be equal, the judgment of the court below is affirmed. See PRIVILEGE.

2183. It is not in order to ask to be excused from voting on a motion to adjourn, or to adjourn over," nor after the main question is ordered, nor pending the demand for the previous question. If it were otherwise, motions might be made one after another, and the House might be voting upon repeated questions of motions to excuse, &c., when a majority of the House were in favor of adjourning.10

2184. For similar reasons, it is not in order to ask to be excused from voting on a motion for a call of the House."1

2185. It is not in order to move to be excused from voting upon an appeal from a decision of the Chair as to the right of a

member to move to be excused from voting-no appeal can be entertained on this decision.1

2186. It is not in order to move to be excused from voting, on a motion of another member to be excused from voting.2 Such a motion cannot be entertained.3

2187. The motion to be excused from voting must be made before the call of the roll is commenced.1

2188. A delegate in Congress may discuss the merits of any question, but he is not entitled to vote, nor object to the consideration of measure.5 any Objecting to unanimous consent is exercising the highest prerogative, and power of a member."6 See PRIVILEGE.

2189. Where the vote was erroneously omitted to be counted, the announcement may be corrected."

8

2190. Every member has a right to call for a separate vote on amendments; and a separate vote may be had on a paragraph of a bill, if the paragraph was amended in Committee of the Whole.9

WITNESSES.

2191. When the attendance of a witness is desired, to be examined at the Bar of the House, or a Committee of the Whole, he is simply ordered to attend at a stated time; the authority must be named.10

2192. The order, signed by the Clerk, is served upon the witness personally; and if at a distance, it is forwarded to him by the Sergeant-at-arms, or in special cases by a messenger."1

2193. If a witness should be in custody of the keeper of any

1 H. Jour. I. 33. 758.

2 Ibid. III. 37. 259-261. Cong.

Globe III. 37. 572, 579.

3 Cong. Globe I. 39. 948.

Ibid. II. 38. 1411, 1412. See also

Rule 31, H. of R.

5 Cong. Globe I. 39. 3007.

6 Cong. Globe I. 39. 3007, note.

7 H. Jour. I. 38. 587.

8 Cong. Globe III. 37. 521.

9 Ibid. I. 38. 3115.

10 2 Grey 410. 78 Com. Jour. 240; 91 Ibid. 338.

11 May 239.

prison, the Speaker is ordered to issue his warrant, which is personally served upon the keeper by a messenger of the House, and by which he is directed to bring the witness in his custody to be examined.1

2194. If the order is disobeyed, or the parties abscond to avoid service of warrant, they are ordered to be taken into the custody of the Sergeant-at-arms.'

2195. Any person who aids, or abets a witness in keeping out of the way, is liable to a similar punishment.3

2196. Disobedience to a Speaker's warrant, is punished in the same manner as disobedience to a special order of the House.* 2197. After the appointment of an Election Committee, the witnesses are summoned by orders signed by the Chairman.5 See ELECTION COMMITTEE.

2198. If the witness should neglect to appear when summoned in this manner, his conduct is reported to the House, and an order is immediately made for his attendance.

If, in the mean time, he appears before the Committee, the order is discharged."

2199. In a debate about an election, the party concerned shall be heard to inform the House, and then he is to go forth.

2200. The House may empower the Committee, “if any of the witnesses shall be sick or hindered by other impediment, that they cannot come to them," "to take the testimony of such witnesses by certain of their own members."

2201. It is irregular for any member to produce witnesses, to be heard at the "bar," without previously acquainting the House thereof, and desiring that he might have leave to examine such, and such.10

2202. The regular mode of proceeding is, for the House to