We give in this chapter the Standing Rules and Orders for conducting business in the House of Representatives of the United States, as a proper compend of parliamentary rules for the people of the United States. They are naturally a standard of procedure in all public bodies in this country so far as the circumstances are parallel; they have been carefully compiled and adopted by our highest popular Legislative Body during the course of more than three-quarters of a century, and may therefore be considered thoroughly well adapted to the genius of our people and the character of our institutions; and they were originally based on Jefferson’s Manual, compiled by him for the use, and at the request of the Senate when, as Vice-President of the United States, he became its presiding officer, and was digested by him from the usages of the English Parliament and other Legislative bodies in Europe. The value of this manual is attested by its use continued to the present day, so far as it is applicable. The Rules of the House are therefore representative of the wisdom of the Old World on this point as well as of the usages of the New.
They deserve to be carefully studied by American citizens above any other body of parliamentary rules for several reasons besides those mentioned above. Hardly any other will be likely to contain so many points of adaptation to popular use; every one should be fairly acquainted with the prevailing usages that he may be ready to act his part well if called on to preside in any public meeting; all who read the reports of congressional doings require such acquaintance with parliamentary usage to fully appreciate many points in such reports, and these Rules are a fine illustration of the spirit of our government and the genius of the American people.
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We see, in the most impressive manner, that the utmost pain is taken to make Legislative work orderly, decorous, and as rapid as is consistent with due care that what is done shall be well and carefully done; that no pains are spared, in regulations, that every legislator shall have the means of knowing all that is his special business to know; and we discover that proper care is taken to see that economy and faithfulness are constantly observed by all the officers of the government. If this is not always actually the case there is, at least, no fault in the arrangements, rules and orders to that effect. All the people should know to what they may properly hold their Representatives accountable, and they will be prepared to judge of the extent of obedience or transgression. The Rules are just and good. Let the people see that they are properly observed.
The House of Representatives has 160 Rules, the Senate 52, and the Joint Rules of the House and Senate, regulating their intercourse with each other, number 22. Whatever of difference exists between them is unimportant after due allowance is made for the different character and constitution of the two bodies. The principles on which they are founded are identical.
STANDING RULES AND ORDERS FOR CONDUCTING BUSINESS IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.
 
THE DUTY OF THE SPEAKER.
 
1. He shall take the chair every day precisely at the hour to which the House shall have adjourned on the preceding day; shall immediately call the members to order; and, on the appearance of a quorum, shall cause the journal of the preceding day to be read.
2. He shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House by any two members—on which appeal no member shall speak more than once, unless by leave of the House.
3. He shall rise to put a question, but may state it sitting.
4. Questions shall be distinctly put in this form, to wit: “As many as are of opinion that (as the question may be) say Aye;” and after the affirmative voice is expressed, “As many as are of the contrary opinion say No.” If the Speaker doubt, or a division be called for, the House shall divide; those in the affirmative of the question shall first rise from their seats, and afterwards those in the negative. If the Speaker still doubt, or a count be required by at least one-fifth of the quorum of the members, the Speaker shall name two members, one from each side, to tell the members in the affirmative and negative—which being reported, he shall rise and state the decision to the House.
5. The Speaker shall examine and correct the journal before it is read.[700] He shall have a general direction of the hall, and the unappropriated rooms in that part of the capitol assigned to the House shall be subject to his order and disposal until the further order of the House. He shall have a right to name any member to perform the duties of the chair, but such substitution shall not extend beyond an adjournment.
6. No person shall be permitted to perform divine service in the chamber occupied by the House of Representatives, unless with the consent of the Speaker.
7. In all cases of ballot by the House, the Speaker shall vote; in other cases he shall not be required to vote, unless the House be equally divided, or unless his vote, if given to the minority, will make the division equal; and in case of such equal division, the question shall be lost.
8. All acts, addresses, and joint resolutions, shall be signed by the Speaker; and all writs, warrants, and subp?nas, issued by order of the House, shall be under his hand and seal, attested by the clerk.
9. In case of any disturbance or disorderly conduct in the galleries or lobby, the Speaker (or Chairman of the Committee of the Whole House,) shall have power to order the same to be cleared.
OF THE CLERK AND OTHER OFFICERS.
 
10. There shall be elected at the commencement of each Congress, to continue in office until their successors are appointed, a clerk, sergeant-at-arms, doorkeeper, and postmaster, each of whom shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities, and to keep the secrets of the House; and the appointees of the doorkeeper and postmaster shall be subject to the approval of the Speaker; and, in all cases of election by the House of its officers, the vote shall be taken viva voce.
11. In all cases where other than members of the House may be eligible to an office by the election of the House, there shall be a previous nomination.
12. In all other cases of ballot than for committees, a majority of the votes given shall be necessary to an election; and where there shall not be such a majority on the first ballot, the ballots shall be repeated until a majority be obtained. And in all ballotings blanks shall be rejected, and not taken into the count in enumeration of the votes, or reported by the tellers.
13. It shall be the duty of the clerk to make and cause to be printed and delivered to each member at the commencement of every session of Congress, a list of the reports which it is the duty of any officer or department of the government to make to Congress; referring to the act or resolution and page of the volume of the laws or journal in which it may be contained, and placing under the name of each officer the list of reports required to be made, and the time when the report may be expected.
14. It shall be the duty of the clerk of the House at the end of each[701] session, to send a printed copy of the journals thereof to the Executive, and to each branch of the Legislature of every State.
15. All questions of order shall be noted by the clerk, with the decision, and put together at the end of the journal of every session.
16. The clerk shall, within thirty days after the close of each session of Congress, cause to be completed the printing and primary distribution to members and delegates, of the Journal of the House, together with an accurate index of the same.
17. There shall be retained in the library of the clerk’s office, for the use of the members there, and not to be withdrawn therefrom, two copies of all the books and printed documents deposited in the library.
18. The clerk shall have preserved for each member of the House an extra copy, in good binding, of all the documents printed by order of either House at each future session of Congress.
19. The clerk shall make a weekly statement of the resolutions and bills (Senate bills inclusive) upon the Speaker’s table accompanied with a brief reference to the orders and proceedings of the House upon each, and the date of such order and proceedings; which statement shall be printed for the use of the members.
20. The clerk shall cause an index to be prepared to the acts passed at every session of Congress, and to be printed and bound with the acts.
21. All contracts, bargains, or agreements, relative to the furnishing any matter or thing or for the performance of any labor for the House of Representatives, shall be made with the clerk, or approved by him, before any allowances shall be made therefor by the Committee of Accounts.
22. It shall be the duty of the sergeant-at-arms to attend the House during its sittings; to aid in the enforcement of order under the direction of the Speaker; to execute the commands of the House from time to time; together with all such process, issued by authority thereof, as shall be directed to him by the Speaker.
23. The symbol of his office (the mace) shall be borne by the sergeant-at-arms when in the execution of his office.
24. The fees of the sergeant-at-arms shall be for every arrest, the sum of two dollars; for each day’s custody and releasement, one dollar; and for traveling expenses for himself or a special messenger, going and returning, one-tenth of a dollar for each mile necessarily and actually traveled by such officer or other person in the execution of such precept or summons.
25. It shall be the duty of the sergeant-at-arms to keep the accounts for the pay and mileage of members, to prepare checks, and, if required to do so, to draw the money on such checks for the members, (the same being previously signed by the Speaker, and endorsed by the member,) and pay over the same to the member entitled thereto.
26. The sergeant-at-arms shall give bond, with surety, to the United States, in a sum not less than five nor more than ten thousand dollars, at the discretion of the Speaker, and with such surety as the Speaker may[702] approve, faithfully to account for the money coming into his hands for the pay of members.
27. The doorkeeper shall execute strictly the 134th and 135th rules, relative to the privilege of the hall. And he shall be required, at the commencement and close of each session of Congress, to take an inventory of all the furniture, books, and other public property in the several committee and other rooms under his charge, and shall report the same to the House; which report shall be referred to the Committee on Accounts, who shall determine the amount for which he shall be held liable for missing articles.
28. The postmaster shall superintend the post-office kept in the capitol for the accommodation of the members.
OF THE MEMBERS.
 
29. No member shall vote on any question in the event of which he is immediately and particularly interested, or in any case where he was not within the bar of the House when the question was put. And when any member shall ask leave to vote, the Speaker shall propound to him the question, “Were you within the bar before the last name on the roll was called?” and if he shall answer in the negative the Speaker shall not further entertain the request of such member to vote: Provided, however, that any member who was absent by leave of the House, may vote at any time before the result is announced.
30. Upon a division and count of the house on any question, no member without the bar shall be counted.
31. Every member who shall be in the house when the question is put, shall give his vote unless the House shall excuse him. All motions to excuse a member from voting, shall be made before the house divides, or before the call of the yeas and nays is commenced; and the question shall then be taken without debate.
32. The name of a member who presents a petition or memorial, or who offers a resolution for the consideration of the House, shall be inserted on the journals.
33. No member shall absent himself from the service of the House unless he have leave, or be sick and unable to attend.
OF CALLS OF THE HOUSE.
 
34. Any fifteen members (including the Speaker, if there be one), shall be authorized to compel the attendance of absent members.
35. Upon calls of the House, or in taking the yeas and nays on any question, the names of the members shall be called alphabetically.
36. Upon the call of the House, the names of the members shall be called over by the clerk, and the absentees noted; after which the names of the absentees shall again be called over; the doors shall then be shut, and those for whom no excuse or insufficient excuses are made may, by order of those present, if fifteen in number, be taken into custody as they[703] appear, or may be sent for and taken into custody, wherever to be found, by special messengers to be appointed for that purpose.
37. When a member shall be discharged from custody, and admitted to his seat, the House shall determine whether such discharge shall be with or without paying fees; and in like manner whether a delinquent member, taken into custody by a special messenger, shall or shall not be liable to defray the expenses of such special messenger.
ON MOTIONS, THEIR PRECEDENCE, ETC.
 
38. When a motion is made and seconded, it shall be stated by the Speaker; or, being in writing, it shall be handed to the chair and read aloud by the clerk, before debated.
39. Every motion shall be reduced to writing if the Speaker or any member desire it. Every written motion made to the House shall be inserted on the journals, with the name of the member making it, unless it be withdrawn on the same day on which it was submitted.
40. After a motion is stated by the Speaker, or read by the clerk, it shall be deemed to be in the possession of the House, but may be withdrawn at any time before a decision or amendment.
41. When any motion or proposition is made, the question, “Will the House now consider it?” shall not be put unless it is demanded by some member, or is deemed necessary by the Speaker.
42. When a question is under debate, no motion shall be received but to adjourn, to lie on the table, for the previous question, to postpone to a certain day, to commit or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged; and no motion to postpone to a certain day, to commit, or postpone indefinitely, being decided, shall be again allowed on the same day, and at the same stage of the bill or proposition.
43. When a resolution shall be offered, or a motion made, to refer any subject, and different committees shall be proposed, the question shall be taken in the following order:
The Committee of the Whole House on the state of the union; the Committee of the Whole House; a Standing Committee; a select Committee.
44. A motion to adjourn, and a motion to fix the day to which the House shall adjourn, shall be always in order; these motions and the motion to lie on the table, shall be decided without debate.
45. The hour at which every motion to adjourn is made shall be entered on the journal.
46. Any member may call for the division of a question before or after the main question is ordered, which shall be divided if it comprehend propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the House. A motion to strike out and insert shall be deemed indivisible; but a motion to strike out being lost, shall preclude neither amendment nor a motion to strike out and insert.
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47. Motions and reports may be committed at the pleasure of the House.
48. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. No bill or resolution shall, at any time, be amended by annexing thereto, or incorporating therewith, any other bill or resolution pending before the House.
49. When a motion has been once made, and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsideration thereof, on the same or succeeding day; and such motion shall take precedence of all other questions, except a motion to adjourn, and shall not be withdrawn after the said succeeding day without the consent of the House; and thereafter any member may call it up for consideration.
50. In filling up blanks, the largest sum and longest time shall be first put.
ORDER OF BUSINESS OF THE DAY.
 
51. As soon as the journal is read, and the unfinished business in which the House was engaged at the last preceding adjournment has been disposed of, reports from committees shall be called for and disposed of; in doing which the Speaker shall call upon each standing committee in regular order, and then upon select committees; and if the Speaker shall not get through the call upon the committees before the House passes to other business, he shall resume the next call where he left off, giving preference to the report last under consideration: Provided, That whenever any committee shall have occupied the morning hour on two days, it shall not be in order for such committee to report further until the other committees shall have been called in their turn. On the call for reports from committees on each alternate Monday, which shall commence as soon as the journal is read, all bills reported during the first hour after the journal is read shall be committed, without debate, to the Committee of the Whole, and together with their accompanying reports, printed; and if during the hour all the committees are not called, then, on the next alternate Monday, the Speaker shall commence where such call was suspended: Provided, That no bill reported under the call on alternate Mondays, and committed, shall be again brought before the House by a motion to reconsider.
52. Reports from committees having been presented and disposed of, the Speaker shall call for resolutions from the members of each State and delegate from each Territory, beginning with Maine and the Territory last organized, alternately; and they shall not be debated on the very day of their being presented, nor on any day assigned by the House for the receipt of resolutions, unless where the House shall direct otherwise, but shall lie on the table, to be taken up in the order in which they are presented; and if on any day the whole of the States and Territories shall not be called, the Speaker shall begin on the next day where he left off the previous day: Provided, That no member shall offer more than one resolution, or one[705] series of resolutions, all relating to the same subject, until all the States and Territories shall have been called.
53. A proposition requesting information from the President of the United States, or directing it to be furnished by the head of either of the Executive departments, or by the Postmaster General—shall lie on the table one day for consideration, unless otherwise ordered by the unanimous consent of the House, and all such propositions shall be taken up for consideration in the order they were presented, immediately after reports are called for from select committees, and when adopted the clerk shall cause the same to be delivered.
54. After one hour shall have been devoted to reports from committees and resolutions, it shall be in order, pending the consideration or discussion thereof, to entertain a motion that the House do now proceed to dispose of the business on the Speaker’s table, and to the orders of the day—which being decided in the affirmative, the Speaker shall dispose of the business on his table in the following order, viz.:
1st. Messages and other Executive communications.
2d. Messages from the Senate, and amendments proposed by the Senate to bills of the House.
3d. Bills and resolutions from the Senate on their first and second reading, that they be referred to committees and put under way; but if, on being read a second time, no motion being made to commit, they are to be ordered to their third reading unless objection be made; in which case, if not otherwise ordered by a majority of the House, they are to be laid on the table in general file of bills on the Speaker’s table, to be taken up in their turn.
4th. Engrossed bills and bills from the Senate on their third reading.
5th. Bills of the House and from the Senate on the Speaker’s table, on their engrossment, or on being ordered to a third reading, to be taken up and considered in the order of time in which they passed to a second reading.
The messages, communications and bills on his table having been disposed of, the Speaker shall then proceed to call the orders of the day.
55. The business specified in the 54th and 130th rules shall be done at no other part of the day, except by permission of the House.
56. The consideration of the unfinished business in which the House may be engaged at an adjournment shall be resumed as soon as the journal of the next day is read, and at the same time each day thereafter until disposed of; and if, from any cause, other business shall intervene, it shall be resumed as soon as such other business is disposed of. And the consideration of all other unfinished business shall be resumed whenever the class of business to which it belongs shall be in order under the rules.
OF DECORUM AND DEBATE.
 
57. When any member is about to speak in debate, or deliver any matter[706] to the House, he shall rise from his seat and respectfully address himself to “Mr. Speaker”—and shall confine himself to the question under debate, and avoid personality.
58. Members may address the House or committee from the clerk’s desk, or from a place near the Speaker’s chair.
59. When two or more members happen to rise at once, the Speaker shall name the member who is first to speak.
60. No member shall occupy more than one hour in debate on any question in the House, or in committee; but a member reporting the measure under consideration from a committee may open and close the debate, provided that when debate is closed by order of the House, any member shall be allowed, in committee, five minutes to explain any amendment he may offer, after which any member who shall first obtain the floor shall be allowed to speak five minutes in opposition to it, and there shall be no further debate on the amendment; but the same privilege of debate shall be allowed in favor of and against any amendment that may be offered to the amendment; and neither the amendment nor an amendment to the amendment shall be withdrawn by the mover thereof, unless by the unanimous consent of the committee. Provided further, that the House may, by the vote of a majority of the members present, at any time after the five minutes’ debate has taken place upon proposed amendments to any section or paragraph of a bill, close all debate upon such section or paragraph, or at their election upon the pending amendments only.
61. If any member in speaking or otherwise, transgress the rules of the House, the Speaker shall, or any member may call him to order; in which case the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate; if there be no appeal the decision of the chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, he shall not be permitted to proceed, in case any member object, without leave of the House; and if the case require it, he shall be liable to the censure of the House.
62. If any member be called to order for words spoken in debate, the person calling him to order shall repeat the words excepted to, and they shall be taken down in writing at the clerk’s table; and no member shall be held to answer, or be subject to the censure of the House, for words spoken in debate, if any other member has spoken, or other business has intervened, after the words spoken, and before exception to them shall have been taken.
63. No member shall speak more than once to the same question without leave of the House, unless he be the mover, proposer or introducer of the matter pending; in which case he shall be permitted to speak in reply, but not until every member choosing to speak shall have spoken.
64. If a question depending be lost by adjournment of the House, and[707] revived on the succeeding day, no member who shall have spoken on the preceding day shall be permitted again to speak without leave.
65. While the Speaker is putting any question, or addressing the House, none shall walk out of or across the House; nor in such case, or when a member is speaking, shall entertain private discourse; nor while a member is speaking, shall pass between him and the chair. Every member shall remain uncovered during the session of the House. No member or other person shall visit or remain by the clerk’s table while the ayes and noes are calling, or ballots are counting.
66. All questions relating to the priority of business to be acted on shall be decided without debate.
OF COMMITTEES.
 
67. All committees shall be appointed by the Speaker, unless otherwise specially directed by the House, in which case they shall be appointed by ballot; and if upon such ballot the number required shall not be elected by a majority of the votes given, the House shall proceed to a second ballot, in which a plurality of votes shall prevail; and in case a greater number than is required to compose or complete a committee shall have an equal number of votes, the House shall proceed to a further ballot or ballots.
68. The first named member of any committee shall be the chairman; and in his absence, or being excused by the House, the next named member, and so on, as often as the case shall happen, unless the committee, by a majority of their number, elect a chairman.
69. Any member may excuse himself from serving on any committee at the time of his appointment, if he is then a member of two other committees.
70. It shall be the duty of a committee to meet on the call of any two of its members, if the chairman be absent, or decline to appoint such meeting.
71. The several standing committees of the House shall have leave to report by bill or otherwise.
72. No committee shall sit during the sitting of the House without special leave.
73. No committee shall be permitted to employ a clerk at the public expense, without first obtaining leave of the House for that purpose.
74. Thirty-one standing committees shall be appointed at the commencement of each Congress, viz.:
TO CONSIST OF NINE MEMBERS EACH.
A Committee of Elections.—Nov. 13, 1789.
A Committee of Ways and Means.—Jan. 1802.
A Committee on Appropriations.—March 2, 1865.
A Committee on Banking and Currency.—March 2, 1865.
[708]A Committee on the Pacific Railroad.—March 2, 1865.
A Committee on Claims.—Nov. 13, 1794.
A Committee on Commerce.—Dec. 14, 1795.
A Committee on Public Lands.—Dec. 17, 1805.
A Committee on the Post Office and Post Roads.—Nov. 9, 1806.
A Committee for the District of Columbia.—Jan. 27, 1808.
A Committee on the Judiciary.—June 3, 1813.
A Committee on Revolutionary Claims.—Dec. 22, 1813.
A Committee on Public Expenditures.—Feb. 26, 1814.
A Committee on Private Land Claims.—April 29, 1816.
A Committee on Manufactures.—Dec. 8, 1819.
A Committee on Agriculture.—May 3, 1820.
A Committee on Indian Affairs.—Dec. 18, 1821.
A Committee on Military Affairs.—March 13, 1822.
A Committee on Militia.—Dec. 10, 1835.
A Committee on Naval Affairs.—March 13, 1822.
A Committee on Foreign Affairs.—March 13, 1822.
A Committee on the Territories.—Dec. 13, 1825.
A Committee on Revolutionary Pensions.—Dec. 9, 1825.
A Committee on Invalid Pensions.—Jan. 10, 1831.
A Committee on Railways and Canals.—Dec. 15, 1831; April 9, 1869.
A Committee on Mines and Mining.—Dec. 19, 1865.
A Committee on Freedmen’s Affairs.—Dec. 4, 1866.
A Committee on Education and Labor.—March 21, 1867.
TO CONSIST OF FIVE MEMBERS EACH.
A Committee on Patents.—Sept. 15, 1837.
A Committee on Public Buildings and Grounds.—Sept. 15, 1837.
A Committee of Revisal and Unfinished Business.—Dec. 14, 1795.
A Committee on Accounts.—Nov. 7, 1804.
A Committee on Mileage.—Sept. 15, 1837.
TO CONSIST OF SEVEN MEMBERS.
A Committee on Coinage, Weights and Measures.—Jan. 21, 1864: March 2, 1867.
75. It shall be the duty of the Committee of Elections to examine and report upon the certificates of election, or other credentials, of the members returned to serve in this House, and to take into their consideration all such petitions and other matters touching elections and returns as shall or may be presented or come into question, and be referred to them by the House.
76. It shall be the duty of the Committee on Appropriations to take into consideration all Executive communications and such other propositions in regard to carrying on the several departments of the government as may be presented and referred to them by the House.
In preparing bills of appropriations for other objects, the Committee on Appropriations shall not include appropriations for carrying into effect treaties made by the United States; and where an appropriation bill shall be referred to them for their consideration, which contains appropriations for carrying a treaty into effect, and for other objects, they shall propose such amendments as shall prevent appropriations for carrying a treaty into effect being included in the same bill with appropriations for other objects.
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77. It shall also be the duty of the Committee on Appropriations, within thirty days after their appointment, at every session of Congress, commencing on the first Monday of December, to report the general appropriation bills for legislative, executive, and judicial expenses; for sundry civil expenses; for consular and diplomatic expenses; for the army; for the navy; for the expenses of the Indian Department; for the payment of invalid and other pensions; for the support of the Military Academy; for fortifications; for the service of the Postoffice Department, and for mail transportation by ocean steamers; or, in failure thereof, the reasons of such failure. And said committee shall have leave to report said bills (for reference only) at any time.
78. It shall be the duty of the Committee of Claims to take into consideration all such petitions and matters or things touching claims and demands on the United States as shall be presented, or shall or may come in question, and be referred to them by the House; and to report their opinion thereupon, together with such propositions for relief therein as to them shall seem expedient.
79. It shall be the duty of the Committee on Commerce to take into consideration all such petitions and matters or things touching the commerce of the United States as shall be presented, or shall or may come into question, and be referred to them by the House; and to report, from time to time, their opinion thereon.
80. It shall be the duty o............