The house met according to adjournment.
On motion of Mr. Walker, resolved, that a military committee be appointed, and added to the standing committee.
On motion of Mr. Lamkin, resolved, that the military committee, consist of seven members- Messrs. Lamkin, Exum, Walker, Everitt, Perkins, Dillahunty and Harrison, were appointed.
On motion of Mr. Weedon, resolved, that a judiciary committee, be appointed and added to the standing committee.
On motion of Mr. Townes, resolved, that Mr. Weedon's motion be reconsidered.
Mr. Birney moved to amend the resolution, by adding the words (at this time) and the question being taken thereon, it was decided in the affirmative, the question was then taken on the resolution as amended, and was decided in the negative.
Mr. Birney gave notice, that on to-morrow, he would ask leave to bring in a bill, entitled, "an act to amend an act, entitled an act, for the government of gin holders, and for other purposes".
Mr. Owen from the committee appointed to draft rules for the government of this house, made the following report.
Rule 1st.- The speaker shall take the chair every day, at the hour to which the house shall have adjourned, on the preceding day; shall immediately call the members to order, and on the appearance of a quorum, cause the journals of the preceding day to be read.
2d. - He shall preserve order and decorum, may speak to points of order in preference to other members rising from his chair for that purpose. He shall decide questions of order, subject to an appeal to the house, at the request of any two members, which appeal shall be decided without debate.
3d - He shall rise to put a question, but may state it sitting, all questions shall be distinctly put in this form, viz. as many as are of opinion that (as the question may be) say aye; and after the affirmative voice is expressed, as many as are of the contrary opinion, say no. If the speaker doubts, or a division be called for, the house shall divide, those of the affirmative of the question, shall first rise from their seats, and afterwards those of the negative.
4th.- He shall have a right to name any member to perform the duties of the chair, but such substitutions shall not extend beyond an adjournment.
5th - Fifteen members
shall have power to call a house and send for absent members,
a majority shall be a quorum to transact business, and seven members
after the hour of twelve, may adjourn from day to day.
6th - When a member is about to speak or deliver any matter to the house, he shall rise from his seat, and respectfully address himself to Mr. Speaker
7th - If any member in speaking or otherwise transgress the rules, the speaker shall, or any member may call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain and the house shall, if applied to, decide on the case, but without detail. If the decision be in favour
of the member so called to order, he shall be at liberty to proceed, if otherwise, and the case require it, he shall be liable to the censure of the house.
8th - When two or more members happen to rise at the same time, the speaker shall name the person who is first to speak.
9th - No member shall speak more than twice to the same question without leave of the house, nor more than once, until every member choosing to speak, shall have spoken.
10th - When the speaker is putting a question or addressing the house, none shall walk across the room nor when a member is speaking, enter in private discourse, nor pass between him and the chair.
11th - Upon calls of the house for taking the yeas and nays on any question, the names of the members shall be called alphabetically, and each member shall answer from his seat.
12th - When a motion is made and seconded it shall be stated by the speaker, or if in writing, shall be read aloud by the clerk, and every motion shall be reduced to writing, if the speaker or any member request it.
13th - Any member may call for a division of the question, when the sense will admit of it.
14th - Each member shall particularly forbear personal reflections nor shall any member name another in argument or debate.
15th - After a motion is stated by the speaker or read by the clerk, it shall be deemed in possession of the house, but may be withdrawn at any time before the decision or amendment.
16th - When a question is under debate, no motion shall be received, but to adjourn, to postpone to a day certain, to lie on the table, for the previous question, to postpone indefinitely to commit or amend which several motions, shall have precedence in the order they stand arranged.
17th.- A motion to adjourn shall be always in order and shall be decided without debate.
18th- The previous question shall be in this form, shall the main question be now put? It shall only be admitted when demanded by a majority of the members present, and until it is decided, shall preclude all amendments, and further debate of the main question.
On a previous question there shall be no debate.
19th - When a motion has been once made, and carried in the affirmative or negative it shall be in order for any member of the majority, to move for the reconsideration thereof, on the same or the succeeding day.
20th - The house shall resolve itself into a committee of the whole when deemed necessary and when in committee of the whole, shall be governed by the foregoing rules, except that in committee of the whole, any member may speak as often as he may think proper.
21st.- The speaker may appoint committees, unless otherwise directed by the house.
22nd.- The speaker shall vote on all questions, and when the yeas and nays are desired, the speaker shall be first called, and if the house shall be equally divided, the question shall be lost.
23d. - No member shall absent himself from the service of the house unless he have leave, be sick or unable to attend.
24th. - Upon a call of the house the names of the members shall be called over by the clerk, and the absentees without leave, noted; one hour after which, the names of the absentees shall again be called over, and those for whom no excuse or an insufficient excuse is made, may by order of those present if fifteen in number, be taken into custody as they appear, or may be sent for and taken into custody when to be found.
25th.- After the journals are read on each day, petitions shall be called for by the chair, next reports of the standing committees, and lastly, the reports of select committees, except the committee of enrollments who may report at any time during the session of the house, when not excluded by some privileged motion.
26th.- Motions and reports may be committed at the pleasure of the house.
27th. - Every bill shall be introduced by motion for leave or by an order of the house; on the report of a committee; and in either case, a committee to prepare the same, shall be appointed- in cases of a general nature one day's notice at least shall be given of the motion to bring in a bill: and every such motion may be committed.
28th.- All bills shall be dispatched in order, as they were introduced, unless when the house shall otherwise direct.
29th.- Upon the second reading of a bill the speaker shall state it, as ready for commitment or engrossment; and if committed, then the question shall be, whether to a select or standing committee, or to a committee of the whole house; if to a committee of the whole house, the house shall determine on what day.
30th- After commitment and report thereof to the house, or at any time before its passage, a bill may be recommitted.
31st. - When a bill shall pass, it shall be certified by the clerk, noting the day of its passage at the foot thereof.
32nd. - In forming
a committee of the whole house the speaker shall leave his chair,
and a chairman to preside in committee, shall be appointed by
33d.- Upon a bill being committed to a committee of the whole house, the same shall be first read throughout, by the clerk, and then again read and debated by clauses; leaving the preamble to be last considered. After report, the bill shall again be subject to debate and amendment by clauses, before the question for engrossing it be taken.
34th. - All amendments made to an original motion in committee shall be incorporated with the motion and so reported.
35th.- All questions, whether in committee or in the house, shall be disposed of in the order in which they were moved; except that in filling up the blanks, the
largest sum, and the most remote day, shall be first put.
36th.- The rules of proceeding in the house, shall be observed in committee so far as they may be applicable except that of limiting the time of speaking.
37th.- A majority of any committee shall be a sufficient number to proceed to business.
38th.- Whenever it shall be necessary for a communication to be made from the house of representatives, to the senate, the speaker shall appoint one or more members to bear the same.
39th.- When the house adjourns no member shall leave his seat, until the speaker has gone forth.
40th. - No committee shall sit during the sitting of the house, without special leave.
41st.- The clerk of the house shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities and shall be deemed to continue in office, until another be appointed which oath shall be administered by the speaker.
42nd. - No standing order shall be rescinded without one day's notice, given of the motion therefor.
43d - Whoever violates any of the foregoing rules shall suffer such censure as a majority of the house may direct
On motion of Mr. Vaughan, the house resolved itself into a committee of the whole, to take into consideration the said report, Mr. Townes in the chair.
And after some time spent therein, Mr. Speaker resumed the chair, and Mr. Townes reported, that the committee of the whole had, according to order, had the said report under consideration, and had amended the same by striking out the 43d rule as reported by the select committee, and adding the following in lieu thereof, viz. "when this house adjourns without specifying any particular hour, it shall stand adjourned until 10 o'clock on the succeeding day, except the adjournment be on Saturday, and then it shall stand adjourned until 10 o'clock, the monday following."
To which amendment he asked the concurrence of
the house, and the question being taken thereon, it was decided in the affirmative.
The question was then taken on the adoption of the rules as reported by the select committee, as amended in committee of the whole, and decided in the affirmative.
On motion of Mr. Byler, ordered that one hundred copies of the rules be printed for the use of this house.
On motion of Mr. Owen, resolved, that a committee of three be appointed on the part of this house, to act with such committee as the senate may appoint to draft rules for the government of both houses, whereupon, messrs. Owen, Birney and Chapman were appointed.
On Motion of Mr. Davis, Resolved, that a committee of three members be appointed to superintend the printing and examine the proof sheet of the standing rules for the government of this house: whereupon Messrs. Davis, Weedon and Perkins were appointed.
Mr. Dillahunty presented the petition of Eliza F. Michaux, Robert G. Mosley and Robert B. Cary, representatives and guardians to the heirs of Daniel W. Michaux deceased, praying permission to sell certain lands lying in the county of Lawrence for the benefit of the heirs - which on motion of Mr. Dillahunty, was referred to a select committee - whereupon Messrs. Dillahunty, Townes and Chapman, were appointed.
On motion of Mr. Fitzpatrick, ordered that this house adjourn until to-morrow 10 o'clock.