ment; and if it be not ordered to be engrossed on the day of its being reported, it shall be placed on the general file on the Speaker's table, to be taken up in order.-September 14, 1837. But, if the bill be ordered to be engrossed, the House shall appoint the day when it shall be read the third time.-November 13, 1794.

118. Not more than three bills, originating in the House, shall be committed to the same Committee of the Whole; and such bills shall be analogous in their nature, which analogy shall be determined by the Speaker.—December 29, 1817.

119. A motion to strike out the enacting words of a bill shall have precedence of a motion to amend; and, if carried, shall be considered equivalent to its rejection.*-March 13, 1822.

120. After commitment and report thereof to the House, or at any time before its passage, a bill may be recommitted.†—April 7, 1789.

The Manual states that if a committee be opposed to the whole paper or bill and think it cannot be made good by amendment, the committee cannot reject it, but must report it back to the House without amendment, and there make their opposition. In 1814, a Committee of the Whole struck out the first and only section of a bill, and so reported to the House. Mr. Speaker Cheves refused to receive the report on the ground that it was tantamount to a rejection of the bill, which the committee had not power to do. After this, that the merit of questions might be tested in Committee of the Whole, rule 119 was adopted. The Manual provides that a paragraph or section may be first amended by its friends, so as to make it as perfect as they can before the question is put for striking it out. By this rule, (i. e., rule 119,) it is expressly established that a motion to strike out, for the purpose of destroying, shall be paramount to a motion to amend. Rule 139 provides that the Manual shall govern in cases in which it is applicable, where it is not inconsistent with established rules. In the case, then, of giving precedence to motions to insert or to amend over motions to strike out or reject, it is clearly inconsistent with an established rule, and consequently the practice of the House for the last few years has been in violation of the 119th rule.

A difference of opinion often arises as to the construction of this rule. Anciently it was held and practiced upon, according to its terms, that a bill could be recommitted at any time before its passage. Of late years it has been decided that, if the previous question on its passage be ordered, a motion to

121. All bills ordered to be engrossed shall be executed in a fair round hand.-April 7, 1789.

122. No amendment by way of rider shall be received to any bill on its third reading.-April 8, 1814.

123. When a bill shall pass, it shall be certified by the Clerk, noting the day of its passage at the foot thereof.April 7, 1789.

OF COMMITTEES OF THE WHOLE HOUSE.

124. It shall be a standing order of the day, throughout the session, for the House to resolve itself into a Committee of the Whole House on the state of the Union.*-April 7, 1789.

125. In forming a Committee of the Whole House, the Speaker shall leave his chair, and a chairman, to preside in committee, shall be appointed by the Speaker.†—April 7, 1789.

126. Whenever the Committee of the Whole on the state of the Union, or the Committee of the Whole House, finds itself without a quorum, the chairman shall cause the roll of the House to be called, and thereupon the committee shall rise, and the chairman shall report the names of the absentees

recommit is not in order, but that the question must be put on the passage of the bill. I think the practice unsound. The intention of a recommitment is for the purpose of perfecting the bill, and it is endangered by forcing its passage in an imperfect state.

For more than forty years it was held and practiced, under this rule, that the House could resolve itself into a Committee of the Whole on the state of the Union at any time. Recently, however, a different practice prevailed, it being held that several of the rules prescribing the order of business, as well as special orders, interposed to prevent it; in consequence of which the House, on the 1st June, 1840, amended the 135th rule so as to go into Committee of the Whole on the state of the Union at any time; in other words, restored the ancient practice under the 124th rule.

Originally the rule was silent as to the mode of appointing a chairman of the Committee of the Whole. He was appointed by the House by nomination and vote thereon. That practice became very inconvenient; and on the 13th November, 1794, the rule was amended by adding "by the Speaker."

to the House, which shall be entered on the journal.—December 18, 1847.

127. Upon bills committed to a Committee of the Whole House, the bill shall be first read throughout by the Clerk, and then again read and debated by clauses, leaving the preamble to be last considered; the body of the bill shall not be defaced or interlined; but all amendments, noting the page and line, shall be duly entered by the Clerk on a separate paper, as the same shall be agreed to by the committee, and so reported to the House.* After report, the bill shall again be subject to be debated and amended by clauses, before a question to engross it be taken.-April 17, 1789.

128. All amendments made to an original motion in committee shall be incorporated with the motion, and so reported. -April 7, 1789.

129. All amendments made to a report committed to a Committee of the Whole House shall be noted, and reported, as in the case of bills.-April 7, 1789.

130. All questions, whether in committee or in the House, shall be propounded in the order in which they were moved, except that, in filling up blanks, the largest sum and longest time shall be first put.†-April 7, 1789.

131. No motion or proposition for a tax or charge upon the people shall be discussed the day on which it is made or offered, and every such proposition shall receive its first discussion in a Committee of the Whole House.-November 13, 1794.

132. No sum or quantum of tax or duty, voted by a Committee of the Whole House, shall be increased in the House until the motion or proposition for such increase shall be first discussed and voted in a Committee of the Whole House;

This refers to bills in manuscript and bills from the Senate. It was long after the date of this rule that the practice of printing the bills obtained.

† See rule 46, and the note to that rule, which is explanatory of this rule.

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and so in respect to the time of its continuance.-November 13, 1794.

133. All proceedings touching appropriations of money shall be first discussed in a Committee of the Whole House.* -November 13, 1794.

134. The rules of proceedings in the House shall be observed in a Committee of the Whole House, so far as they may be applicable, except the rule limiting the times of speaking-April 7, 1789; but no member shall speak twice to any question, until every member choosing to speak shall have spoken. December 18, 1805.

135. In Committee of the Whole on the state of the Union, the bills shall be taken up and disposed of in their order on the calendar; but when objection is made to the consideration of a bill, a majority of the committee shall decide, without debate, whether it shall be taken up and disposed of, or laid aside: provided that general appropriation bills, and, in time of war, bills for raising men or money, and bills concerning a treaty of peace, shall be preferred to all other bills, at the discretion of the committee; and when demanded by any member, the question shall first be put in regard to them. -July 27, 1848.

136. No standing rule or order of the House shall be rescinded or changed† without one day's notice being given of the motion therefor-November 13, 1794; nor shall any rule be suspended, except by a vote of at least two-thirds of the members present-March 13, 1822; nor shall the order of

This rule, as first adopted, required all proceedings touching appropriations of money to be first moved in Committee of the Whole. The word "moved' was struck out on the 17th December, 1805, as it was found in practice greatly to retard public business.

The words "or changed," were added on the 23d December, 1811.

This rule was amended at this place, June 18, 1841, [extra session 27th Congress,] by inserting these words: "It shall not be in order to move a suspension of the rules for any purpose until after the daily call for petitions, reports of committees, and resolutions shall be completed, except for a motion to proceed to the orders of the day." At the commencement of the next session, the House adopted the rules of the Twenty-sixth Congress, by which this and all other amendments made at the extra session fell.

business, as established by the rules, be postponed or changed, except by a vote of at least two-thirds of the members present.-April 26, 1828. The House may at any time, by a vote of a majority of the members present, suspend the rules and orders for the purpose of going into the Committee of the Whole House on the state of the Union; and also for providing for the discharge of the Committee of the Whole House, and the Committee of the Whole House on the state of the Union-January 25, 1848—from the further consideration of any bill referred to it, after acting without debate on all amendments pending and that may be offered.*—March 11, 1844.

137. Except during the last ten days of the session, the Speaker shall not entertain a motion to suspend the rules of the House at any time, except on Monday of every week: provided nothing herein contained shall be construed to alter so much of the 136th rule as provided as follows: "The House may at any time, by a vote of a majority of the members present, suspend the rules and orders for the purpose of going into the Committee of the Whole House on the state of the Union; and also for providing for the discharge of the committee from the further consideration of any bill referred to it, after acting without debate on all amendments pending and that may be offered.-December 18, 1847.

138. It shall be in order for the Committee on Enrolled Bills to report at any time.-March 13, 1822.

139. The rules of parliamentary practice, comprised in Jefferson's Manual, shall govern the House in all cases to which they are applicable, and in which they are not inconsistent with the Standing Rules and Orders of the House, and Joint Rules of the Senate and House of Representatatives.-September 15, 1837.

140. No person shall be permitted to perform divine service

* December 4, 1843, the rules of the Twenty-seventh Congress were adopted, with the exception of this rule. On the 11th March, 1844, this rule was readopted.