Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-14
GENERAL ASSEMBLY or VIRGINIA.
HOUSE OF DELEGATES.
.lioadau, jan. IL, ISIl.

HOUSE OF DELEGATES.
Monday, jan. H. ISL.
The Senate announced that they had passed the bills
entitled act to authorize separate election The
house Of Jacob Miller in The county of Morgan, and
an act authoz'ng Tnos lngles TO erect tollbridgc
across New river
On motion Of b!r FITZGERALD,
Reso'rrd That the part of the 18th rule of this House
which IS III these words-"Al Bills other business
shall be dispatched IN the order in which they
roduced, unless the House shall direct otherwise in
particular cases., is applicable to the action Of Com
mitees this House, well of the House itself
Dir. FITzG GERALD supported his motion by the fol-
lowing remarks:
Mr.. Speakcr-There can be no doubt that the rule
which this House has established for its own order of
business is founded upon wise and discreet consdera-
tons. In the multiplicity of matters which pre-
sented here for action many of them calling for imme
date attention. and involving in their delay interests
and feelings Of momentous character, it would be pass
ing strange if necessity alone had not forced upon this
House snch order of proceeding found contained
in its 18th rule. In the absence of any regular and
prescribed order of business, when conflicting parties
striving at The bar of this House for speedy notice
of their respective claims the disappointed might WE'LL
and sometimes Justly too, taunt it with mputatons of
Partially and injustice for the it might deem pro-
per to pursue while with rules prescribed and ad-
hered to for the transaction OF business of every Sort
there be room for complaint, any quarter But,
Sir question arises whether the operation of rule
wholesome and just in itself, may not practically be de.
feated by absolvng the Committees OF this House from
the effects of its provisions Have the committees OF
this House right 10 say which and what business they
will present to it for its Dispatch irrespective of lis
resolution dispatch that first which introduced
first: Nearly all the business transacted by this House.
and certainly all Of very grave Importance IS hrs sub
mtted TO committee 10 prepare 1t Tor the more
convenient action of this body, or to report upon the
proprety of its considerations the case may be. H.
therefore, the committees have the power OF selecting
those subjects which they choose TO be presented to the
House, they nully lis rule and have it in their power
10 subject the Legislature of the State, 10 those very
charges which it to me, it was the object Of this
18th rule TO preven-But, Sir, will it be granted that
the committees not restrained BY this rule, and are
not subject in their preparation Of business for the
House TO its requirements; The reason of the rule
surely will hold good well before committee, as be-
fore the whole House If it would be uni lust for APP
p cant at the bar of the House to have his claims de-
erred to those of another who had been less active and
prompt IN presenting them the same must be said of
party similarly situated before committee, and the
like necessity exists for this restrictive rule Of order
the the other. But SIR, is II not moreover
natural inference, that the rule which prescrIbes
the duties of the House in relation 10 the order Of
business, must equally apply the order of business
before 4 committee: For, independently Of the
sderaton before urged, that unless tbs the
case, the whole order Of business would be subjected 10
the choice and disposition Of the comniittees-and
thereby the rule Of the House be entirely defeated
i5 pllcuc1l worm, III must De mat the
respective committees mere agents Of the House,
itself, and where they know the will Of the House
must lie bound 10 obey the wishes Of their superior.
The rules are nothing than the expressed will Of
the House. IN regir! 10 the matters 10 which they re-
iae and the particular rule of the House under con-
sideration but expresses the mind of the House upon
the subject Of the priority of business 1t would
proper then tha, the representative in this case,
Others should abide the declared will Of the consti-
tn,lona! body Let US suppose case, Sr-le US sup
pose in hich this opposition OF action Of the
delegated power to the Will of the principal ap-
pointing power may be in bold relief Suppose
body of the citizens of Virginia 10 meet this
Hail. elsewhere, for the purpose oil consulting about
the fitness unitncss of any character, TO fill I'M
portant station in the Government-and such body
to adopt resolution, expressive of such quail
ties would alone render the individual possessed of
them acce ptable to it-Whereupon, committee is ap.
pointed 10 make nomination. 1t retires, consus, re-
turns and recommends nominee destitute of every
qualification which mad been Just declared necessary 10
render him unworthy of the support Of the meeting.
What would be thu thousl of such com,nttce:-tha
it had performed its duty;-Surey not. Would its re-
commentator be listened 10 Would It not be
sidered contempt of authority Well, SIR, do not
analogous where this House has passed
formal resolution OF It's pleasure, and any Of its
committees have gone exactly counter 10 such e1
preston Of its will: But Sir, that committee, eS
cept in where il is expressly relieved from such
restriction, is bound BY the rules Of the House ap
pointing it, is not left 10 mere inference drawn from
reason and propriey II is founded upon authority,
upon parliamentary usage. Let me refer you, and
this House, Sir, TO the 18th section Of jefferson
Manual upon the subject of Committee of the Whole.
The rules applicable TO committee Of the whole
House, will surely be admitted applicable to that Of
part nasmuch the whole 4 irresponsible
body than small part.
The authority to which allude, after stating the Sc
vera exceptions to which rules governing the House
liable when applied the Committee of the Whole,
land do not find that in relation TO the order of bu
siness, among the exceptions,) goes to say, In
other things the rules of proceeding to be the same
the House" Apply this Parliamentary precept to
the under consideration, and what IS the con-
clusion 10 which we brought; The rule of the
House requires that call bills other business shall be
despatched in the order which they introduced.
Now an application is made to this House the first
day of the session. ndiv dual have his title to
seat here examined and disposed Of The rule re-
quires the first application to be first despatched. The
process of despatch requires this petition TO be deliver
ed the Clerk be by him laid before the proper COM
mittee and the committee examine into its merits,
and report upon it quickly possible. The House
takes It up and acts upon it, This series OF operations
is but the performance of the work of despatch enon
ed in the rule, in which both the House and the Com
mittee play their parts respectively, with harmony and
without iarring But suppose another application of
the same Sort presented the 10th day of the session.
and through negligence, or from some other cause, It
gets into the hands of the committee hrst, and IS exam
ned reported on and settled, winnie The hrst sumoers
in peace and forgetulness. Let put it 10 you, Sir,
if The rule of the House has been carried out and whe
ther injustice has not been done the first applicant by
the ncgigen interruption of the process of despatch IN
his case 1t only necessary for to state the cases
to sou, Sir, challenge your indignant Reproduction of
such course in The proceedings OF this House. But
will be met, Sir, with the allegation that numbers. or
worth or authority claim privileges here which should
be denied to the few, the abject and the weak; Shall
be told that this that quarter Of the State deserves
first to be heard in her General Assembly, maugre
the petty rules of legislative debate; hope we are not
vet prepared for such news l hope the motto of Vr
GINA vet is. and forever will be, Justice ALL favor to
none A contrary one who does not execra.e, who
will not oin all times, to repudlate and resist
is worthy only Of Mussuman Diyan, or an Indian
Council.fre To shew the importance of adhering to
wholesome rules when adopted by delberatlve
body will read still farther passage from the Ma
nual:
E1trart from Manual, page To-. i
nsr Onslow abest the speakers OF the house
Commons sed IT maxim he had often heard when
he man, from old and experienced members Thai
nothing throw into the hands o admins
traon who acted with the majority Of the House o.
Commons than neglect departure from The rules OF pro-