consent of the committee, unless upon a question put by the lord who shall be in the chair of such committee." leaves the chair. Commons. In the commons, if any doubt should arise as to a point Chairman of order or other proceeding, which the committee cannot agree upon, or which may appear beyond their province to decide, the chairman should be directed to leave the chair, report progress, and ask leave to sit again. Thus, on the 2d March, 1836, A debate having concluded in committee, the chairman stated that before he put the question he wished to have the opinion of the committee as to the manner in which the committee should be divided, in case of a division; and it being the opinion of the committee, that that matter ought to be decided by the house, the chairman left the chair, and Mr. Speaker having resumed the chair, the chairman reported that a point of order had arisen in the committee, with respect to the manner in which the committee should be divided, upon which the committee wished to be instructed by the house. The house proceeded to consider this point, and Mr. Speaker having been requested to give his opinion, stated it to the house; after which the house again resolved itself into the committee, the question was immediately put, and the committee divided in the manner pointed out by the speaker." sumes the chair in certain cases. If any public business should arise in which the house Speaker reis concerned, the speaker resumes the chair at once, without any report from the committee; as if the usher of the black rod should summon the house to attend her Majesty or the lords commissioners in the House of Peers, or if the time be come for holding a conference with the lords.3 So, also, if any sudden disorder should occur, by which the honour and dignity of the house are affected, the urgency of such a circumstance would justify the speaker in resuming the chair immediately, without awaiting the ordinary forms. On the 10th May 1675 a serious disturbance arose in a grand committee, in which bloodshed was threatened; when it is related that "the speaker very opportunely and prudently rising from his seat near the bar, in a resolute and slow pace, made his three respects through the crowd, and took the chair." The mace Lords' S. O. No. 31. 2 91 Com. J. 104. 3 67 Com. J. 431. Forty members required. Cannot adjourn. Lords. having been forcibly laid upon the table, all the disorder ceased, and the gentlemen went to their places. The speaker being sat, spoke to this purpose, "That to bring the house into order again, he took the chair, though not according to order." No other entry appears on the Journal than that "Mr. Speaker resumed the chair;" but the same report adds, that though "some gentlemen excepted against his coming into the chair, the doing it was generally approved, as the only expedient to suppress the disorder." The speaker certainly acted with judgment on that occasion, and a more recent case would seem to prove that he was not out of order. On the 27th February 1810, a member who, for disorderly conduct, had been ordered into custody, returned into the house, during the sitting of a committee, in a very violent and disorderly manner; upon which Mr. Speaker resumed the chair, and ordered the serjeant to do his duty. When the member had been removed by the serjeant, the house again resolved itself into the committee.2 A committee of the whole house, in the commons, cannot proceed with business any more than the house itself, unless 40 members be present; but it has no power of adjournment, by which the sitting of the house would be concluded. When notice, therefore, is taken that 40 members are not present, the chairman counts the committee, and if less than that number be present, he leaves the chair, and Mr. Speaker resumes the chair, and tells the house. If 40 members be then present, the house again resolves itself into the committee; but if not, the speaker adjourns the house, without a question first put, in the same manner as when 40 members are not present during the sitting of the house. So, also, if it appear on a division in committee, that 40 members are not present, the chairman leaves the chair, and the speaker tells the house in the same manner.1 A committee of the whole house has no power either to adjourn its own sittings or to adjourn a debate to a future. sitting; but if a debate be not concluded, or if all the matters referred be not considered; in the lords, the house is resumed, and the chairman moves "that the house 13 Grey's Deb. 129. 265 Com. J. 134. 391 Ib. 659.85 Ib. 60, &c. be again put into committee" on a future day and in the commons, the chairman is directed to "report progress, Commons. and ask leave to sit again." It is, therefore, the practice for members who are desirous for an adjournment, to move that the "chairman do report progress," in order to put an end to the proceedings of the committee on that day; as this motion, in committee, is analogous to that frequently made at other times, for adjourning the debate. A motion "That the chairman do now leave the chair," would, if carried, prevent a report from being made, and would supersede the business of a committee; as an adjournment of the house supersedes a question. If none of the interruptions and delays to which com- Report. mittees are liable should occur, the chairman is directed to report the resolutions or other proceedings to the house. Sometimes he is instructed to move for leave to bring in bills, or to inform the house of matters connected with the inquiries or deliberations of the committee. mittees. In the commons, the principal proceedings in committees of the whole house are in reference to bills, and the voting of supply, and ways and means; of which a description will be found in the chapters relating to these matters.' Since 1832 the annual appointment of the ancient Grand comGrand Committees for Religion, for Grievances, for Courts of Justice, and for Trade, has been discontinued. They had long since fallen into disuse, and served only to mark the ample jurisdiction of the commons in Parliament. In the House of Lords, the proceedings of committees Entry of prodo not the Journals; nor in the commons were appear upon they entered until, on the 23d February 1829, the speaker submitted to the house that arrangements should be made to effect that object, to which the house assented." Since that time the proceedings in committee have been recorded, and are a valuable addition to the means of comprehending the forms of parliamentary procedure. 1 See Chapters XVIII. and XXI. 2 84 Com. J. 78. ceedings in the Journals. CHAPTER XIV. General province of a select committee. Appointment in the lords. APPOINTMENT, CONSTITUTION, POWERS, AND PROCEEDINGS A SELECT committee is composed of certain members appointed by the house to consider or inquire into any matters, and to report their opinions, for the information of the house. Like a committee of the whole house, a select committee are restrained from considering matters not specially referred to them by the house. When it is thought necessary to extend their inquiries beyond the order of reference, a special instruction from the house gives them authority for that purpose; or if it be deemed advisable to restrict their inquiries further than was originally intended, an instruction should be given by the house for prescribing the limits of their powers.2 Inquiry by evidence is the most general object of a select committee; but committees may be appointed for any other purpose in which they can assist the house, and petitions and other documents are constantly referred to them for consideration. In the House of Lords, there are no special rules in regard to the appointment and constitution of select committees. The house resolve, that a select committee be appointed; after which, it is ordered that certain lords then nominated shall be appointed a committee to inquire into the matters referred, and to report to the house. Their lordships, or any three of them (or a greater number, if necessary,) are ordered to meet at a certain time. in the Prince's Lodgings, near the House of Peers, and to adjourn as they please. 191 Com. J. 422. 687. 2 75 lb. 259. 90 Ib. 522. The order of sitting on the lords' committees and other Sittings and proceedings. matters, are thus defined by the standing orders : "If they be a select committee, they usually meet in one of the rooms adjoyning to the upper house, as the lords like; any of the lords of the committee speak to the rest uncovered, but may sit still if he please; the committees are to be attended by such judges or learned councel as are appointed; they are not to sit there, or be covered, unless it be out of favour for infirmity; some judge sometimes hath a stool set behind, but never covers, and the rest never sit or cover. The Lord Chief Justice Popham did often attend committees; and though he were chief justice, privy councillor, and infirm, yet would he very hardly ever be perswaded to sit down, saying it was his duty to stand and attend, and desired the lords to keep those forms which were their due.” 1 summoned. The House of Lords do not give select committees Witnesses, how any special authority to send for witnesses or documentary evidence; but parties are ordinarily served with a notice from the clerk attending the committee, that their attendance is requested on a certain day, to be sworn at the bar of the house, in order to be afterwards examined before the committee. Where a positive order is thought necessary to enforce the attendance of a witness, or the production of documents, it emanates from the house itself. constitution, In order to ensure fairness and efficiency in the consti- Appointment, tution and proceedings of select committees, and to make and practice in their conduct open to observation, the House of Commons the commons. have laid down the following regulations : 1. "That no select committee shall, without previous leave Number of obtained of the house, consist of more than 15 members; that members. such leave shall not be moved for without notice; and that in the case of members proposed to be added or substituted after the first appointment of the committee, the notice shall include the names of the members proposed to be added or substituted."2 2. "That it be recommended to every member moving for the Attendance. appointment of a select committee, to ascertain previously whether each member proposed to be named by him on such committee, will give his attendance thereupon." Lords' S. O. No. 32. 291 Com. J. 30. 92 Ib. 8. |