Chapter XV: Of Committees

Sect. I. Their Nature and Functions.

258. It is usual in all deliberative assemblies, to take the preliminary (sometimes, also, the intermediate) measures, and to prepare matters to be acted upon, in the assembly, by means of committees, composed either of members specially selected for the particular occasion, or appointed beforehand for all matters of the same nature.

259. Committees of the first kind are usually called _select_, the others _standing_; though the former appellation belongs with equal propriety to both, in order to distinguish them from another form of committee, constituted either for a particular occasion, or for all cases of a certain kind, which is composed of all the members of the assembly, and therefore denominated a _committee of the whole_.

260. The advantages of proceeding in this mode are manifold. It enables a deliberative assembly to do many things, which, from its numbers, it would be otherwise be unable to do;—to accomplish a much greater quantity of business, by dividing it among the members, than could possibly be accomplished, if the whole body were obliged to devote itself to each particular subject;—and to act in the preliminary and preparatory steps, with a greater degree of freedom, than is compatible with the forms of proceeding usually observed in full assembly.

261. Committees are appointed to consider a particular subject, either at large or under special instructions: to obtain information in reference to a matter before the assembly, either by personal inquiry and inspection, or by the examination of witnesses; and to digest and put into the proper form, for the adoption of the assembly, all resolutions, votes, orders, and other papers, with which they may be charged. Committees are commonly said to be the “eyes and ears” of the assembly; it is equally true, that, for certain purposes, they are also its “head and hands.”

262. The powers and functions of committees depend chiefly upon the general authority and particular instructions given them by the assembly, at the time of their appointment; but they may also be, and very often are, further instructed, whilst they are in the exercise of their functions; and, sometimes, it even happens, that these additional instructions wholly change the nature of a committee, by charging it with inquiries quite different from those for which it was originally established.

Sect. II. Their Appointment.

263. In the manner of appointing committees, there is no difference between standing and other select committees, as to the mode of selecting the members to compose them; and, in reference to committees of the whole, as there is no selection of members, they are appointed simply by the order of the assembly.

264. In the appointment of select committees, the first thing to be done is to fix upon the number. This is usually effected in the same manner that blanks are filled, namely, by members proposing, without the formality of a motion, such members as they please, which are then separately put to the question, beginning with the largest and going regularly through to the smallest, until the assembly comes to a vote.

265. The number being settled, there are three modes of selecting the members, to wit, by the appointment of the presiding officer,—by ballot,—and by nomination and vote of the assembly; the first, sometimes in virtue of a standing rule, sometimes in pursuance of a vote of the assembly in a particular case; the second always in pursuance of a vote; the last is the usual course where no vote is taken.

266. In deliberative assemblies, whose sittings are of considerable length, as legislative bodies, it is usual to provide by a standing rule, that, unless otherwise ordered in a particular case, all committees shall be named by the presiding officer. Where this is the case, whenever a committee is ordered, and the number settled, the presiding officer at once names the members to compose it. Sometimes, also, the rule fixes the number, of which, unless otherwise ordered, committees shall consist. This mode of appointing a committee is frequently resorted to, where there is no rule on the subject.

267. When a committee is ordered to be appointed by ballot, the members are chosen by the assembly, either singly or altogether, as may be ordered, in the same manner that other elections are made; and, in such elections, as in other cases of the election of the officers of the assembly, a majority of all the votes given in is necessary to a choice.

268. When a committee is directed to be appointed by nomination and vote, the names of the members proposed are put to the question singly, and approved or rejected by the assembly, by a vote taken in the usual manner. If the nomination is directed to be made by the presiding officer, he may propose the names in the same manner, or all at once; the former mode being the most direct and simple; the latter enabling the assembly to vote more understandingly upon the several names proposed. When the nomination is directed to be made at large, the presiding officer calls upon the assembly to nominate, and names being mentioned accordingly, he puts to vote the first name he hears.

269. It is also a compendious mode of appointing a committee, to revive one which has already discharged itself by a report; or by charging a committee appointed for one purpose with some additional duty, of the same or a different character.

270. In regard to the appointment of committees, so far as the selection of the members is concerned, it is a general rule in legislative bodies, when a bill is to be referred, that none who speak directly against the body of it are to be of the committee, for the reason, that he who would totally destroy will not amend; but that, for the opposite reason, those who only take exceptions to some particulars in the bill are to be of the committee. This rule supposes the purpose of the commitment to be, not the consideration of the general merits of the bill, but the amendment of it in its particular provisions, so as to make it acceptable to the assembly.

271. This rule, of course, is only for the guidance of the presiding officer, and the members, in the exercise of their discretion; as the assembly may refuse to excuse from serving, or may itself appoint, on a committee, persons who are opposed to the subject referred. It is customary, however, in all deliberative assemblies, to constitute a committee of such persons (the mover and seconder of a measure being of course appointed), a majority of whom, at least, are favorably inclined to the measure proposed.[36]

272. When a committee has been appointed, in reference to a particular subject, it is the duty of the secretary of the assembly to make out a list of the members, together with a certified copy of the authority or instructions under which they are to act, and to give the papers to the member first named on the list of the committee, if convenient, but, otherwise, to any other member of the committee.

Sect. III. Their Organization and Manner of Proceeding.

273. The person first named on a committee acts as its chairman, or presiding officer, so far as relates to the preliminary steps to be taken, and is usually permitted to do so, through the whole proceedings; but this is a matter of courtesy; every committee having a right to elect its own chairman, who presides over it, and makes the report of its proceedings to the assembly.

274. A committee is properly to receive directions from the assembly, as to the time and place of its meeting, and cannot regularly sit at any other time or place; and it may be ordered to sit immediately, whilst the assembly is sitting, and make its report forthwith.

275. When no directions are given, a committee may select its own time and place of meeting; but, without a special order to that effect, it is not at liberty to sit whilst the assembly sits; and, if a committee is sitting, when the assembly comes to order after an adjournment, it is the duty of the chairman to rise, instantly, on being certified of it, and, with the other members, to attend the service of the assembly.

276. In regard to its forms of proceeding, a committee is essentially a miniature assembly;—it can only act when regularly assembled together, as a committee, and not by separate consultation and consent of the members; nothing being the agreement or report of a committee, but what is agreed to in that manner;—a vote taken in committee is as binding as a vote of the assembly;—a majority of the members is necessary to constitute a quorum for business, unless a larger or smaller number has been fixed by the assembly itself;—and a committee has full power over whatever may be committed to it, except that it is not at liberty to change the title or subject.

277. A committee, which is under no directions as to the time and place of meeting, may meet when and where it pleases, and adjoin itself from day to day, or otherwise, until it has gone through with the business committed to it; but, if it is ordered to meet at a particular time, and it fails of doing so, for any cause, the committee is closed, and cannot act without being newly directed to sit.

278. Disorderly words spoken in a committee must be written down in the same manner as in the assembly; but the committee, as such, can do nothing more than report them to the assembly for its animadversion; neither can a committee punish disorderly conduct of any other kind, but must report it to the assembly.

279. When any paper is before a committee whether select or of the whole, it may either have originated with the committee, or have been referred to them; and, in either case, when the paper comes to be considered, the course is for it to be first read entirely through, by the clerk of the committee, if there is one, otherwise by the chairman; and then to be read through again by paragraphs by the chairman, pausing at the end of each paragraph, and putting questions for amending, either by striking out or inserting, if proposed. This is the natural order of proceeding in considering and amending any paper, and is to be strictly adhered to in the assembly; but the same strictness does not seem necessary in a committee.

280. If the paper before a committee is one which has originated with the committee, questions are put on amendments proposed, but not on agreeing to the several paragraphs of which it is composed, separately, as they are gone through with; this being reserved for the close, when a question is to be put on the whole, for agreeing to the paper, as amended, or unamended.

281. If the paper be one, which has been referred to the committee, they proceed as in the other case to put questions of amendment, if proposed, but no final question on the whole; because all the parts of the paper, having been passed upon if not adopted by the assembly as the basis of its action, stand, of course, unless altered or struck out by a vote of the assembly. And even if the committee are opposed to the whole paper, and are of opinion, that it cannot be made good by amendments, they have no authority to reject it; they must report it back to the assembly, without amendments, (specially stating their objections, if they think proper,) and there make their opposition as individual members.[37]

282. In the case of a paper originating with a committee, they may erase or interline it as much as they please; though, when finally agreed to, it ought to be reported in a clear draft, fairly written, without erasure or interlineation.

283. But, in the case of a paper referred to a committee, they are not at liberty to erase, interline, blot, disfigure, or tear it, in any manner; but they must, in a separate paper, set down the amendments they have agreed to report, stating the words which are to be inserted or omitted, and the place where the amendments are to be made, by references to the paragraph or section, line, and word.

284. If the amendments agreed to are very numerous and minute, the committee may report them altogether, in the form of a new and amended draft.

285. When a committee has gone through the paper, or agreed upon a report on the subject, which has been referred to them, it is then moved by some member, and thereupon voted, that the committee rise, and that the chairman, or some other member, make their report to the assembly.

Sect. IV. Their Report.

286. When the report of a committee is to be made, the chairman, or member appointed to make the report, standing in his place, informs the assembly, that the committee, to whom was referred such a subject or paper, have, according to order, had the same under consideration, and have directed him to make a report thereon, or to report the same with sundry amendments, or without amendment, as the case may be, which he is ready to do, when the assembly shall please; and he or any other member may then move that the report be now received. On this motion being made, the question is put whether the assembly will receive the report at that time; and a vote passes, accordingly, either to receive it then, or fixing upon some future time for its reception.

287. At the time, when, by the order of the assembly, the report is to be received, the chairman reads it in his place, and then delivers it, together with all the papers, connected with it, to the clerk at the table; where it is again read, and then lies on the table, until the time assigned, or until it suits the convenience of the assembly, to take it up for consideration.

288. If the report of the committee is of a paper with amendments, the chairman reads the amendments with the coherence in the paper, whatever it may be, and opens the alterations, and the reasons of the committee for the amendments, until he has gone through the whole; and, when the report is read at the clerk’s table, the amendments only are read without the coherence.

289. In practice, however, the formality of a motion and vote on the reception of a report is usually dispensed with; though, if any objection is made, or if the presiding officer sees any informality in the report, he should decline receiving it without a motion and vote; and a report, if of any considerable length, is seldom read, either by the chairman in his place, or by the clerk at the table, until it is taken up for consideration. In legislative assemblies, the printing of reports generally renders the reading of them unnecessary.

290. The report of a committee being made and received, the committee is dissolved, and can act no more without a new power; but their authority may be revived by a vote, and the same matter recommitted to them. If a report, when offered to the assembly, is not received, the committee is not thereby discharged, but may be ordered to sit again, and a time and place appointed accordingly.

291. When a subject or paper has been once committed, and a report made upon it, it may be recommitted either to the same or a different committee; and if a report is recommitted, before it has been agreed to by the assembly, what has heretofore passed in the committee is of no validity; the whole question being again before the committee, as if nothing had passed there in relation to it.

292. The report of a committee may be made in three different forms, namely: _first_, it may contain merely a statement of facts, reasoning, or opinion, in relation to the subject of it, without any specific conclusion; or, _second_, a statement of facts, reasoning, or opinion, concluding with a resolution, or series of resolutions, or some other specific proposition; or, _third_, it may consist merely of such resolutions, or propositions, without any introductory part.

293. The first question, on a report, is, in strictness, on receiving it; though in practice, this question is seldom or never made; the consent of the assembly, especially in respect to the report of a committee of the whole, being generally presumed, unless objection is made. When a report is received, whether by general consent, or upon a question and vote, the committee is discharged, and the report becomes the basis of the future proceedings of the assembly, on the subject to which it relates.

294. At the time assigned for the consideration of a report, it may be treated and disposed of precisely like any other proposition (59 to 77); and may be amended, in the same manner (78 to 133), both in the preliminary statement, reasoning, or opinion, if it contain any, and in the resolutions, or other propositions with which it concludes; so if it consist merely of a statement, etc., without resolutions, or of resolutions, etc., without any introductory part.

295. The final question on a report, whatever form it may have, is usually stated on its acceptance; and, when accepted, the whole report is adopted by the assembly, and becomes the statement, reasoning, opinion, resolution, or other act, as the case may be, of the assembly; the doings of a committee, when agreed to, adopted, or accepted, becoming the acts of the assembly, in the same manner as if done originally by the assembly itself, without the intervention of a committee.

296. It would be better, however, and in stricter accordance with parliamentary rules, to state the final question on a report, according to the form of it. If the report contain merely a statement of facts, reasoning, or opinion, the question should be on acceptance; if it also conclude with resolutions, or other specific propositions, of any kind,—the introductory part being consequently merged in the conclusion,—the question should be on agreeing to the resolutions, or on adopting the order, or other proposition, or on passing or coming to the vote, recommended by the committee; and the same should be the form of the question when the report consists merely of resolutions, etc., without any introductory part.

Sect. V. Committee of the Whole.

297. When a subject has been ordered to be referred to a committee of the whole, the form of going from the assembly into committee, is, for the presiding officer, at the time appointed for the committee to sit, on motion made and seconded for the purpose, to put the question that the assembly do now resolve itself into a committee of the whole, to take under consideration such a matter, naming it. If this question is determined in the affirmative, the result is declared by the presiding officer, who, naming some member to act as chairman of the committee, then leaves the chair, and takes a seat elsewhere, like any other member; and the person appointed chairman seats himself (not in the chair of the assembly but) at the clerk’s table.[38]

298. The chairman named by the presiding officer is generally acquiesced in by the committee; though, like all other committees, a committee of the whole have a right to elect a chairman for themselves, some member, by general consent, putting the question.

299. The same number of members is necessary to constitute a quorum of a committee of the whole, as of the assembly; and if the members present fall below a quorum, at any time, in the course of the proceedings, the chairman, on a motion and question, rises,—the presiding officer thereupon resumes the chair,—and the chairman informs the assembly (he can make no other report) of the cause of the dissolution of the committee.

300. When the assembly is in committee of the whole, it is the duty of the presiding officer to remain in the assembly-room, in order to be at hand to resume the chair, in case the committee should be broken up by some disorder, or for want of a quorum, or should rise, either to report progress, or to make their final report upon the matter committed to them.

301. The clerk of the assembly does not act as clerk of the committee (this is the duty of the assistant clerk in legislative bodies), or record in his journal any of the proceedings or votes of the committee, but only their report as made to the assembly.

302. The proceedings in a committee of the whole, though, in general, similar to those in the assembly itself, and in other committees, are yet different in some respects, the principal of which are the following:—

303. _First._ The previous question cannot be moved in a committee of the whole. The only means of avoiding an improper discussion is, to move that the committee rise; and, if it is apprehended, that the same discussion will be attempted on returning again into committee, the assembly can discharge the committee, and proceed itself with the business, keeping down any improper discussion by means of the previous question.[39]

304. _Second._ A committee of the whole cannot adjourn, like other committees, to some other time or place, for the purpose of going on with and completing the consideration of the subject referred to them; but if their business is unfinished, at the usual time for the assembly to adjourn, or, for any other reason, they wish to proceed no further at a particular time, the form of proceeding is, for some member to move that the committee rise,—report progress,—and ask leave to sit again; and, if this motion prevails, the chairman rises,—the presiding officer resumes the chair of the assembly,—and the chairman of the committee informs him that the committee of the whole have, according to order, had under their consideration such a matter, and have made some progress therein;[40] but, not having had time to go through with the same, have directed him to ask leave for the committee to sit again. The presiding officer thereupon puts a question on giving the committee leave to sit again, and also on the time when, the assembly will again resolve itself into a committee. If leave to sit again is not granted, the committee is of course dissolved.

305. _Third._ In a committee of the whole, every member may speak as often as he pleases, provided he could obtain the floor; whereas in the assembly itself, no member can speak more than once.

306. _Fourth._ A committee of the whole cannot refer any matter to another committee; but other committees may and do frequently exercise their functions, and expedite their business by means of sub-committees of their own members.

307. _Fifth._ In a committee of the whole, the presiding officer of the assembly has a right to take a part in the debate and proceedings, in the same manner as any other member.

308. _Sixth._ A committee of the whole, like a select committee, has no authority to punish a breach of order whether of a member, or stranger; but can only rise and report the matter to the assembly, who may proceed to punish the offender. Disorderly words must be written down in committee, in the same manner as in the assembly, and reported to the assembly for their animadversion.

309. The foregoing are the principal points of difference between proceedings in the assembly and in committees of the whole; in most other respects they are precisely similar. It is sometimes said, that in a committee of the whole, it is not necessary that a motion should be seconded. There is no foundation, however, either in reason or parliamentary usage, for this opinion.

310. When a committee of the whole have gone through with the matter referred to them, a member moves that the committee rise, and that the chairman (or some other member) report their proceedings to the assembly; which being resolved, the chairman rises and goes to his place,—the presiding officer resumes the chair of the assembly,—and the chairman informs him, that the committee have gone through with the business referred to them, and that he is ready to make their report, when the assembly shall think proper to receive it. The time for receiving the report is then agreed upon; and, at the time appointed, it is made and received in the same manner as that of any other committee (286).

311. It sometimes happens, that the formality of a motion and question as to the time of receiving a report is dispensed with. If the assembly are ready to receive it, at the time, they cry out, “now, now,” whereupon the chairman proceeds; if not then ready, some other time is mentioned, as “to-morrow,” or “Monday,” and that time is fixed by general consent. But, when it is not the general sense of the assembly to receive the report at the time, it is better to agree upon and fix the time by a motion and question.[41]

36. “In theory, the majority of the committee should be of the friends
of the measure referred. But as a general rule it will be found
that, whichever political party is in the ascendant, that party
has a majority on the committee, as they will then be able to
control the committee’s workings, etc.”—Ed.

37. This rule is not applicable, of course, to those cases in which
the SUBJECT, as well as the FORM OR DETAILS of a paper, is
referred to the committee.

38. Jefferson says he will sit at the clerk’s table.

Mell says, “The chairman thus designated will take the
_President’s_ chair.”—Ed.

39. If the object be to stop debate, that can only be effected, in the
same manner, unless there is a special rule, as to the time of
speaking, or to taking a subject out of committee.

40. If it is a second time, the expression is, “some further
progress,” etc.

41. “Amendments proposed by the committee may be amended or rejected
by the assembly, and matters stricken out by the committee may be
restored by the assembly.”—Ed.

CONCLUDING REMARKS.

312. In bringing this treatise to a close, it will not be deemed out of place, to make a suggestion or two for the benefit of those persons, who may be called upon to act as presiding officers, for the first time.

313. One of the most essential parts of the duty of a presiding officer is, to give the closest attention to the proceedings of the assembly, and, especially, to what is said by every member who speaks. Without the first, confusion will be almost certain to occur; wasting the time, perhaps disturbing the harmony, of the assembly. The latter is not merely a decent manifestation of respect for those who have elevated him to an honorable station; but it tends greatly to encourage timid or diffident members, and to secure them a patient and attentive hearing; and it often enables the presiding officer, by a timely interference, to check offensive language, in season to prevent scenes of tumult and disorder, such as have sometimes disgraced our legislative halls.

314. It should be constantly kept in mind by a presiding officer, that, in a deliberative assembly, there can regularly be but one thing done or doing, at the same time. This caution he will find particularly useful to him, whenever a quarrel arises between two members, in consequence of words spoken in debate. In such a case, he will do well to require that the regular course of proceeding shall be strictly pursued; and will take care to restrain members from interfering in any other manner. In general, the solemnity and deliberation, with which this mode is attended, will do much to allay heat and excitement, and to restore harmony and order to the assembly.

315. A presiding officer will often find himself embarrassed, by the difficulty, as well as the delicacy, of deciding points of order, or giving directions as to the manner of proceeding. In such cases, it will be useful for him to recollect, that—

The great purpose of all rules and forms, is to subserve the will of
the assembly rather than to restrain it; to facilitate, and not to
obstruct, the expression of their deliberate sense.

* * * * *

NOTE: The so-called “cloture” has the same end as the American previous question; it is intended to cut debate short. The English previous question works to continue debate, and a new scheme had to be devised in 1882. Then it was that the French cloture was adopted and naturalized. Under the Cloture act the Speaker of the House or the Chairman of Committee may say when he thinks the subject before the House or the Committee has been sufficiently discussed, and if a motion be made “That the question be now put,” he shall put the question. If 200 members are in favor of putting the question, or if less than 40 oppose it and more than 100 are in favor, he shall put the question on the principal question before the House or the committee at once. In this country, when a member reports a bill from his committee he moves that the previous question be put at the end of one hour; debate is therefore limited to one hour. In England, a member, calling up a bill for its second reading, moves the previous question, and votes against his motion. If the previous question should be ordered, he would feel grievously disgusted—so would the American Congressman, if the previous question should not be ordered.

CONSTITUTION OF THE UNITED STATES.

PREAMBLE.

We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I.

THE LEGISLATIVE DEPARTMENT.

Section I.—All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.