26 The Sergeant at arms shall give bond, with surety. to the United States, in a sum not less than five nor more than ten thousand dollars, at the discretion of the Speaker, and with such surety as the Speaker may approve, faithfully to account for the money coming into his hands for the pay of members.--April 4, 1838.

27. The Doorkeeper shall execute strictly the 134th and 135th rules, relative to the privilege of the hall--March 1, 1838. And he shall be required at the commencement and close of each session of Congress to take an inventory of all the furniture, books, and other public property in the several committee and other rooms under his charge, and shall report the same to the House; which report shall be referred to the Committee on Accounts, who shall determine the amount for which he shall be held liable for missing articles.-March 2, 1865.

28. The Postmaster shall superintend the post office kept in the Capitol for the accommodation of the members. --April 4, 1838.

OF THE MEMBERS.

29. No member shall vote on any question in the event of which he is immediately and particularly interested,* or in any case where he was not within the bar of the House when the question was put.t-April 7, 1789. And when any mem

Of late, differences of opinion have occasionally arisen as to the kind of interest alluded to in this rule. It has been contended to apply to members who were merchants or manufacturers, or engaged in other business to be affected by tariffs or other bills touching rates of duties, &c. This construction has never been sustained by the House. The original construction, and the only true one, is direct personal or pecuniary interest.

+ As originally adopted, the word present was used in this rule where the words "within the bar of the House" now appear. The alteration was made on the 14th September, 1837. By a decision of the House, at the 1st session of the thir.yfifth Congress, (see Journal, p. 337,) soon after its occupancy of the present hall. the "bar of the House" was defined to be " upon the floor of the hall, and not outside of any of the doors leading into it." And when interrogated as to his presence every member must answer the question for himself.

ber shall ask leave to vote, the Speaker shall propound to him the question, Were you within the bar before the last name on the roll was called?" and if he shall answer in the negative the Speaker shall not further entertain the request of such member to vote: Provided, however, that any member who was absent by leave of the House may vote at any time before the result is announced.-March 2, 1865.

30. Upon a division and count of the House on any question, no member without the bar shall be counted.-November 13, 1794.

31. Every member who shall be in the House when the question is put shall give his vote, unless the House shall excuse bim.*-April 7, 1789. All motions to excuse a member from voting shall be made before the House divides, or before the call of the yeas and nays is commenced; and the question shall then be taken without debate.-September 14, 1837.+

32. The name of a member who presents a petition or memorial, or who offers a resolution to the consideration of the House, shall be inserted on the journals.—March 22,

1806.

33. No member shall absent himself from the service of the House, unless he have leave, or be sick or unable to attend. April 13, 1789.

OF CALLS OF THE HOUSE.

34. Any fifteen members (including the Speaker, if there be one) shall be authorized to compel the attendance of absent members.-April 17, 1789.

*

35. Upon calls of the House, or in taking the yeas and

By rule 30, the date of which is subsequent in date to this, a member who may be in the House" is not allowed to vote, unless he be "within the bar," upon a division or count of the House.

+ That part of rule 31 which allowed a brief verbal statement of reasons to be given by any member for requesting to be excused from voting was rescinded January 2, 1847.

nays on any question, the names of the members shall be called alphabetically.-April 7, 1789.

36. Upon the call of the House, the names of the members shall be called over by the Clerk, and the absentees noted; after which the names of the absentees shall again be called over; the doors shall then be shut, and those for whom no excuse or insufficient excuses are made may, by order of those present, if fifteen in number, be taken into custody as they appear, or may be sent for and taken into custody, wherever to be found, by special messengers to be appointed for that purpose.*—November 13, 1789, and December 14, 1795.

37. When a member shall be discharged from custody, and admitted to his seat, the House shall determine whether such discharge shall be with or without paying fees; and in like manner, whether a delinquent member, taken into custody by a special messenger, shall or shall not be liable to defray the expenses of such special messenger.--November 13, 1794.

ON MOTIONS, THEIR PRECEDENCE, ETC.

38. 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.-April 7, 1789.

39. Every motion shall be reduced to writing if the Speaker or any member desire it.—April 7, 1789. Every written motion made to the House shall be inserted on the journals, with the name of the member making it, unless it be with.

The rule, as originally established in relation to a call of the House, which was on the 13th of November, 1789, differed from the present rule in this: there was one day's notice to be given, and it required a vote of the House, and not fifteen members, to order a member into custody. It was changed to its present form on the 14th December, 1795. On the 7th January, 1802, it was changed back to its original form, to require "an order of the House" to take absent members into custody, and so remained until the 23d December, 1811, when it was again changed to what it is now-i. e, fifteen members.

drawn on the same day on which it was submitted.--March 26, 1806.

40. After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in the possession of the House; but may be withdrawn at any time before a decision or amendment.-April 7, 1789.

41. When any motion or proposition is made, the question, Will the House now consider it ?" shall not be put unless it is demanded by some member, or is deemed necessary by the Speaker. December 12, 1817.

42. When a question is under debate, no motion shall be received but to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged*March 13, 1822-and no motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall be again allowed on the same day, and at the same stage of the bill or proposition.

43. When a resolution shall be offered, or a motion made, to refer any subject, and different committees shall be proposed, the question shall be taken in the following order:

The Committee of the Whole House on the state of the Union; the Committee of the Whole House; a Standing Committee; a Select Committee.-March 13, 1825.

*This rule, as originally established, April 7, 1789, read thus: “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." On the 13th November, 1794, the motion to postpone to a day certain was introduced next after the previous question. On the 17th December, 1805, the rule was changed as follows: 1st, the previous question; 2d, to postpone indefinitely; 3d, to postpone to a day certain; 4th, to lie; 5th, to commit; 6th, to amend; 7th, to adjourn. On the 23d December, 1811, the order was changed as follows: 1st, to adjourn; 2d, to lie; 3d, the previous question; 4th, to postpone indefinitely; 5th, to postpone to a day certain; 6th, to commit; 7th, to amend. On the 13th March, 1822, they were classed as above, and were declared, for the first time, to have precedence according to their arrangement; previous to which the notions of the Speaker often governed as to the precedence of these motions; and hence the direction of the rule.

44. A motion to adjourn, and a motion to fix the day to which the House shall adjourn, shall be always in order*April 7, 1789, and January 14, 1840; these motions, and the motion to lie on the table, shall be decided without debate.t-November 13, 1794; March 13, 1822.

45. The hour at which every motion to adjourn is made shall be entered on the journal.-October 9, 1837.

46. Any member may call for the division of a question, before or after the main question is ordered, which shall be divided if it comprehend propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the House.-September 15, 1837. A motion to strike out and insert shall be deemed indivisible--December 23, 1811; but a motion to strike out being lost, shall preclude neither amendment nor a motion to strike out and insert.--March 13, 1822.

47. Motions and reports may be committed at the pleasure of the House.-April 7, 1789.

48. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.§-March 13, 1822. No bill or resolution shall,

It has been decided and acted upon that, under this rule, "a motion to fix the day to which the House shall adjourn" takes precedence of a motion to adjourn. The reason of this decision is, that, before the House adjourned, it was proper to fix the time to which it should adjourn. To this decision, and upon this reasoning, no objection has been made.

In the first rules established by the House, on the 7th April, 1789, it was directed that "when the House adjourns, the members shall keep their seats until the Speaker goes forth, and then the members shall follow " This rule was left out of the rules established 13th November, 1794. On the 13th March. 1822, a rule was adopted prohibiting a motion to adjourn before four o'cleck if there was a pending question; it was rescinded on the 13th of March, 1824. On the 13th of March, 1822, a rule was also adopted against the rising of the Committee of the Whole before four o'clock, which was abrogated on the 25th of March, 1824.

The words in italics were inserted in this rule March 16, 1860.

This rule was originally established on the 7th April, 1789, and was in these words: “No new motion or proposition shall be admitted under color of