[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress] [104th Congress] [House Document 103-342] [Jeffersons Manual of ParliamentaryPractice] [Pages 143-146] [From the U.S. Government Printing Office, www.gpo.gov] [[Page 143]] SEC. XI.--COMMITTEES.
Sec. 317. Appointment of standing committees; and designation and duties of chairmen thereof. | 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., 9; 1 Grey, 122. |
Sec. 318. Parliamentary law as to debate in standing and select committees. | 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. |
Sec. 319. Secrecy of committee procedure. | Their proceedings are not to be published, as they are of no force till confirmed by the House.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.* * * |
Sec. 320. Reception of petitions by committees. | Under clauses 2(a)(1) and 2(g)(1) and (2) of rule XI, all hearings and business meetings conducted by standing committees shall be open to the public, except when a committee, in open session, by rollcall vote, with a majority present, determines to close the meeting or hearing for that day. * * * Nor can they receive a petition but through the House. 9 Grey, 412. |
Sec. 321. Parliamentary law of procedure when a committee inquiry involves a Member. | When a committee is charged with an inquiry, if a Member prove to be involved, they can not 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. |
Sec. 322. Practice of House when a committee inquiry involves a Member. | While the authority of this principle has not been questioned by the House, there have in special instances been deviations from it. Thus, in 1832, when a Member had been slain in a duel, and the fact was notorious that all the principals and seconds were Members of the House, the committee, charged only with investigating the causes and whether or not there had been a breach of privilege, reported with their findings recommendations for expulsion and censure of the Members found to be implicated. There was criticism of this method of procedure as deviating from the rule of Jefferson's Manual, but the House did not recommit the report (II, 1644). In 1857, when a committee charged with inquiring into accusations against Members not named found certain Members implicated, they gave them copies of the testimony and opportunities to explain to the committee, under oath or otherwise, as they individually might prefer (III, 1845), but reported recommendations for expulsion without first seeking the order of the House (II, 1275; III, 1844). In 1859 and 1892 a similar procedure occurred (III, 1831, 2637). But the House, in a case wherein an inquiry had incidentally involved a Member, evidently considered the parliamentary law as applicable, since it admitted as of privilege and agreed to a resolution directing the committee to report the charges (III, 1843). And in cases wherein testimony taken before a joint committee incidentally impeached the official characters of a Member and a Senator, the facts in each case were reported to the House interested (III, 1854). A select committee, appointed to report upon the right of a Member-elect to be sworn (H. Res. 1, 90th Cong., pp. 14-27, Jan. 10, 1967), invited him to appear, to testify, and permitted him to be accompanied by counsel (see H. Rept. 90-27). |
Sec. 323. Inquiries involving Members of other House. | And where one House, by its committee, has found a Member of the other implicated, the testimony has been transmitted (II, 1276; III, 1850, 1852, 1853). Where such testimony was taken in open session of the committee, it was not thought necessary that it be under seal when sent to the other House (III, 1851). |
Sec. 324. Duty of chairman of a committee when the House sits. | 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., 319. |
Sec. 325. Action of joint committees. | It appears that on joint committees of the Lords and Commons each committee acted integrally in the following instances: 7 Grey, 261, 278, 285, 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. |