The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-29

be agreed 10 BY the committee 80 reported 70 The House
After report the bill shall again be subject be debated
amended BY clauses before question engross il be
I Apra 4, 1859
This whole rule only points the order Of proceeding
In the Committee Of the Whole and the House where no
privileged motion under other rules shall may control
otherwise Does this rule except the l9th ruler Why
the ll9th rule adopted long after And ii there were
any conflict there Is the old rule would have 10
yield 10 the later Why sir If the gentleman
construction Of the l2sh rule should prevail we could NOT
move the previous question in the House the report
the committees for the rule says fier report the bill
shall again be subject 10 be debated and amended by
clauses before question 10 engross 1t be taken
And this is the legislative order Of proceeding this
House unless some other privileged motion under the rules
OF the House gives another direction the proceedngs-
such ms the previous question moved and sustained by
the House ON the reporthis would off debate and
amendment as all very well know And every member
knows that Notwithstanding this l27th rule il is always
IN order To cali or the previous question the
the committee So Notwithstanding this l27ih rule il is
always perfectly In order when in Committee Of the hole
10 move 10 strike out the eaacting words OF b under
the 10th rule which cuts of amendments This sir Is
the whole OF It And this is my answer to the gentleman
from Ohio.
The l27h rule has single word which conflicts
with the 18th rule Each Of them has its appropriate
action IN its appropriate place and harmonizes perfectly
with themselves when properly administered But sir
viii not leave this matter solely upon my argumen,
that the 18th rule by virtue OF the l34th is applicable
the Committee Of the Whole well the House We
have direct and positive authority and proof upon this
subject
Why sir the very history Of the lIsth rule leaves us
history The note to the rule gives its history. II is
this
..In isl4 Committee Of the Whole struck the
Speaker Cheres refused receive the report ground
that was tantanount TO rejection Of the BILL which the
committee had not power to do"
That before the 18th rule was adopted Under the
parliamentary law the committee had done that The note
further says:
After this the merit Of questions gAt Be tested IN
Committee eftae Whole, rals lis isas adopted
Such is the history Of the 10th rule 1t adopted to
meet this very The Presiding Officer had held that
such motion could not be made in committee. The House
then lin lsl4 had no such rule as the ll9b, and il
afterwards adopted for the very purpose Of allowing such
motion to be made in Committee of the Whole expressly
| this purpose
This llsh rule has been standing upon our book o!
rules with this record of its history years and yet
members who have been here long enough would sup
pose to have read the rules have given il
tenton; they to have been sleeping their rights
not knowing the rules by which they governed and
now if walked from trance they raise cry against
this rule some wonder had been brought light
monster brought into being Cypress and
crush Them they have sir stl to live learn the rule
good oneet il stand the motion under the rule is
legitimate the decision Of the Chair sustaining tina,
motion is right--let that also stand
Mr. BAYLY, Of Virginia / would ask the Chairman,
if it be in order whether both OF these amendmentsthe
offered by the gentleman from Alabama mr. HousroS
as well that offered by the gentleman from Tennessee
/ Mr.. JONES ARE in orderl
/ Mr. CHAIRMAN. Certainly The Chair with The per
mission Of the committee will remark any gentleman
NJ all familiar with the law, known the parla-
neniary law must be Of the fact that there is moth
ing novel unusual in the pending motion made by the
gentleman from Tennessee il is motion known TO all
parliamentary bodiesa motion known, repeat TO the
common law well 10 the written rules OF the House
Now, my colleague from Ohio, Mr.. CAAPBEI who takes
appeal in the present has laid down rule
construction with respect the rules The only question
and the which has to be examined L. has be Mr.
CAMPBELL applied his rule-the rule Of which he
speaks thai Is 10 consirue these apparently conflicting
rules together and what the meaning of them
him apply that true rule 10 the present difficulty One rule
provides that bin shall be considered BE- sections and
shall be open to amendment Another rule expressly gives
precedence particular moiion-to the motion offered by
the condemnation Tennessee i JoSrs Take the prine-
Pile then suggested by the gentleman who takes the APP
peal and SUPPOSE the rules 10 form but Tale the
first being the body Of the rule and the last have been
added 10 il by way Of provisc and then have rule
providing that the question subecmAer shall be open
10 consideration and amendment section by section pro-
vided tina; that amendment which proposes strike
the first section Of the bin shall have precedence all
other amendments
So stand the two rules when considered together and
the meaning and Interpretation Of them hes been well IL
Illustrated by the gentleman from Georgia Mr. STEPHENS
who has explained the House that questions may differ
in regard 10 rank and privilege between themselves
and yet that each in its appropriate time may be strictly
parliamentary and in order. As thus: motion 90 70
the business the Speakers table Is parliamentary mo-
ton and In order; but motion TO 20 into Committee
Of the Whole House being ALSO parliamentary motion
and one Of higher privilege IL overrues and cuts of the
other.
There is nothing better known parliamentary lawyers
than that privileged quesonsas in the before the
amendment Of the gentleman from Tennessee is priv
legged qucsiion-oufrank and override other motions
and the Chair would remark that be believes evil
result from the practice either becanse il win he observed
II the motion amend by striking the FIRST Of
the bin prevail IL Is The decision OF the maorityler mo-
Joris arexpnessed against the merits Of the bin he
cause, the gentleman from Tennessee Mr.. jocks has
explained the motion 10 strike the first section Of the
bin opens up the whole merits Of the bill debate and
the House should decide generally the merits Of the bin
adversely 10 II there Is no proprey in wasting the time
Of The House In discussing amendments which, being sub
sdisry questions are Of course Of minor importance IL
the other hand the House should decide adversely TO
the motion strike out the first section Of the bin then the
committee consider such amendments be pro-
posed 10 IL and thus In practice all the benefits that
he derived from either Of the rules win be obtained and
there win certainly be no conflict between them.
Now, the gentleman from Virginia Mr. Mrasox who
first addressed the Chair quotes ancient rue1 o. the House
in which he finds this rule giving precedence the
ton strike ont the first section combined with other
lions which he made in the House; bu. be Omitted
state that there also motions combined with II which
can he made In committee well In the House he
quotes Of The ancient books show that these mo-
they not intended be applied the Committee
the Whole Now rule Of the House expressly provides
that the proceedings ~ the Committee the Whole shall
hc governed ty the rules those which govern the
proceedings q the HOUSE. Gar they applicable
But there variety o. motions which be made
in the committee 20 witt motion 20 ADJOURN and 80
forth stated ~ the gentleman from Virginia BIZ; lie
had given examination 70 the vcry rule which he cites
Old ~ Ia and Of authority In the present case
Obsolete he wosA have found connected with II
Also, motions which could ne made Ia COMMITTEE thus
showing that this rule applied TO matters In order ia the
committee wei in the Honse and therefore that the
rule ~ss As binding IN committee as i in The House