SECTION XI.
COMMITTEES.
Standing committees, as of privileges and elections, &c., are usually appointed at the first meeting, to continue through the session. The person first named is generally permitted to act as chairman. But this is a matter of courtesy; every committee having a right to elect their own chairman, who presides over them, puts questions, and reports their proceedings to the House.—4 Inst. 11, 12; Scob. 7; 1 Grey, 112.
At these committees the members are to speak standing, and not sitting, though there is reason to conjecture it was formerly otherwise.—D'Ewes, 630, col. 1; 4 Parl. Hist. 440; 2 Hats. 77.
Their proceedings are not to be published, as they are of no force till confirmed by the House.—Rushw. part 3, vol. 2, 74; 3 Grey, 401; Scob. 39. Nor can they receive a petition but through the House.—9 Grey, 412.
When a committee is charged with an inquiry, if a member prove to be involved, they cannot proceed against him, but must make a special report to the House; whereupon the member is heard in his place, or at the bar, or a special authority is given to the committee to inquire concerning him.—9 Grey, 523.
So soon as the House sits, and a committee is notified of it, the chairman is in duty bound to rise instantly, and the members to attend the service of the House.—2 Nals. 19.
It appears, that on joint committee of the Lords and Commons, each committee acted integrally in the following instances;—7 Grey, 261, 278, 286, 338; 1 Chandler, 357, 462. In the following instances it does not appear whether they did or not:—6 Grey, 129; 7 Grey, 213, 229, 321.
SECTION XII.
COMMITTEE OF THE WHOLE.
The speech, messages, and other matters of great concernment, are usually referred to a committee of the whole House—6 Grey, 311, where general principles are digested in the form of resolutions, which are debated and amended till they get into a shape which meets the approbation of a majority. These being reported and confirmed by the House, are then referred to one or more select committees, according as the subject divides itself into one or more bills.—Scob. 36, 44. Propositions for any charge on the people are especially to be first made in a committee of the whole.—3 Hats. 127. The sense of the whole is better taken in committee, because in all committees every one speaks as often as he pleases.—Scob. 49. They generally acquiesce in the chairman named by the Speaker; but, as well as all other committees, have a right to elect one, some member, by consent, putting the question.—Scob. 36; 3 Grey, 301. The form of going from the House into committee, is for the Speaker on motion, to put the question that the House do now resolve itself into a committee of the whole, to take under consideration such a matter, naming it. If determined in the affirmative, he leaves the chair, and takes a seat elsewhere, as any other member; and the person appointed chairman seats himself at the clerk's table.—Scob. 36. Their quorum is the same as that of the House; and if a defect happens, the chairman, on a motion and question, rises, the Speaker resumes the chair, and the chairman can make no other report than to inform the House of the cause of their dissolution. If a message is announced during a committee, the Speaker takes the chair, and receives it, because the committee cannot.—2 Hats. 125, 126.
In a committee of the whole, the tellers, on a division, differing as to numbers, great heats and confusion arose, and dangers of a decision by the sword. The Speaker took the chair, the mace was forcibly laid on the table; whereupon, the members retiring to their places, the Speaker told the House "he had taken the chair without an order, to bring the House into order." Some excepted against it; but it was generally approved as the only expedient to suppress the disorder. And every member was required, standing up in his place, to engage that he would proceed no further, in consequence of what had happened in the grand committee, which was done.—3 Grey, 139.