Chapter LXXXIV: Section XLIX: Journals

[Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy. _Const._, I, 5.]

[The proceedings of the Senate, when not acting as in a Committee of the Whole, shall be entered on the journals as concisely as possible, care being taken to detail a true account of the proceedings. Every vote of the Senate shall be entered on the journals, and a brief statement of the contents of each petition, memorial, or paper presented to the Senate, be also inserted on the journal. _Rule 33._]

[The titles of bills, and such parts thereof only, as shall be affected by proposed amendments, shall be inserted on the journals. _Rule 32._]

If a question is interrupted by a vote to adjourn, or to proceed to the orders of the day, the original question is never printed in the journal, it never having been a vote, nor introductory to any vote; but when suppressed by the previous question, the first question must be stated, in order to introduce and make intelligible the second. _2 Hats._, 83.

So also when a question is postponed, adjourned, or laid on the table, the original question, though not yet a vote, must be expressed in the journals; because it makes part of the vote of postponement, adjourning, or laying it on the table.

Where amendments are made to a question, those amendments are not printed in the journals, separated from the question; but only the question as finally agreed to by the House. The rule of entering in the journals only what the House has agreed to, is founded in great prudence and good sense; as there may be many questions proposed, which it may be improper to publish to the world in the form in which they are made. _2 Hats._, 85.

[In both Houses of Congress, all questions whereon the yeas and nays are desired by one-fifth of the members present, whether decided affirmatively or negatively, must be entered on the journals. _Const._, I, 5.]

The first order for printing the votes of the House of Commons was October 30, 1685. 1 _Chandler_, 387.

Some judges have been of opinion that the journals of the House of Commons are no records, but only remembrances. But this is not law. _Hob._, 110, 111; _Lex. Parl._, 114, 115; _Journal H. C., Mar. 17, 1592_; _Hale. Parl._, 105. For the Lords in their house have power of judicature, the Commons in their house have power of judicature; and both houses together have power of judicature; and the Book of the Clerk of the House of Commons is a record, as is affirmed by act of Parl., _6 H._ 8, _c._ 16; 4 _Inst._, 23, 24; and every member of the House of Commons hath a judicial place. 4 _Inst._, 15. As records they are open to every person, and a printed vote of either house is sufficient ground for the other to notice it. Either may appoint a committee to inspect the journals of the other, and report what has been done by the other in any particular case. 2 _Hats._, 361; 3 _Hats._, 27-30. Every member has a right to see the journals, and take and publish votes from them. Being a record, every one may see and publish them. 6 _Grey_, 118, 119.

On information of a mis-entry or omission of an entry in the journal, a committee may be appointed to examine and rectify it, and report it to the House. 2 _Hats._, 194, 5.