[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 [p143] ]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; [p144] ]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.[Footnote 36] ]
[272]. When a committee has been appointed, [p145] ]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.