[308]. Sixth. A committee of the whole, like a select committee, has no authority to punish a breach of order whether of a member, or stranger; but can only rise and report the matter to the assembly, who may proceed to punish the offender. Disorderly words must be written down in committee, in the same manner as in the assembly, and reported to the assembly for their animadversion.
[309]. The foregoing are the principal points of difference between proceedings in the assembly and in committees of the whole; in most other respects they are precisely similar. [p160] ]It is sometimes said, that in a committee of the whole, it is not necessary that a motion should be seconded. There is no foundation, however, either in reason or parliamentary usage, for this opinion.
[310]. When a committee of the whole have gone through with the matter referred to them, a member moves that the committee rise, and that the chairman (or some other member) report their proceedings to the assembly; which being resolved, the chairman rises and goes to his place,—the presiding officer resumes the chair of the assembly,—and the chairman informs him, that the committee have gone through with the business referred to them, and that he is ready to make their report, when the assembly shall think proper to receive it. The time for receiving the report is then agreed upon; and, at the time appointed, it is made and received in the same manner as that of any other committee ([286]).
[311]. It sometimes happens, that the formality of a motion and question as to the time of receiving a report is dispensed with. If the assembly are ready to receive it, at the time, they cry out, “now, now,” whereupon the chairman proceeds; if not then ready, [p161] ]some other time is mentioned, as “to-morrow,” or “Monday,” and that time is fixed by general consent. But, when it is not the general sense of the assembly to receive the report at the time, it is better to agree upon and fix the time by a motion and question.[Footnote 41] ]
[Footnote 36:] “In theory, the majority of the committee should be of the friends of the measure referred. But as a general rule it will be found that, whichever political party is in the ascendant, that party has a majority on the committee, as they will then be able to control the committee’s workings, etc.”—Ed.] [Return to text]
[Footnote 37:] This rule is not applicable, of course, to those cases in which the SUBJECT, as well as the FORM OR DETAILS of a paper, is referred to the committee.] [Return to text]
[Footnote 38:] Jefferson says he will sit at the clerk’s table.
Mell says, “The chairman thus designated will take the President’s chair.”—Ed.] [Return to text]
[Footnote 39:] If the object be to stop debate, that can only be effected, in the same manner, unless there is a special rule, as to the time of speaking, or to taking a subject out of committee.] [Return to text]
[Footnote 40:] If it is a second time, the expression is, “some further progress,” etc.] [Return to text]