47. How is the number of which a committee shall consist, decided upon?

If, in the motion to appoint a committee, whether select or standing, the number of persons of which it shall consist, is not specified, it is customary for mem bers, without resort to a motion, to propose different numbers, as each may prefer. The President, then following the rule observed in the case of filling blanks,* puts to vote the question on each number, beginning with the highest, till he comes to that on which the assembly can agree.

48. After the number is fixed, of which a committee shall be composed, what is the mode of selecting the members of it?

The members of a committee may be appointed by the presiding officer, either in virtue of some standing rule, or in accordance with a motion made for the occasion; or they may be elected by ballot, provided a resolution is passed to that effect; or, lastly, they may be chosen by an open nomination and vote of the assembly.

49. In the choice of members to serve on a committee, is regard to be had to their previously known, or expressed opinions on the matters to be referred to them?

The general rule is, that he who is known to be utterly opposed to a proposition, should not be appointed on a committee, charged merely with the amendment or modification of that proposition; since his aim would not be to amend, but to destroy.

* See page 98.

If, therefore, the design of the commitment is amend ment, which is here taken for granted, those only ought to be members of the committee, who, though friendly to the measure, or proposition, in the main, still desire to amend, or alter it in certain particulars.

This rule, however, is rather discretionary than imperative; since the appointing power, whether the President or the assembly, is under no positive obligation to observe it.*

50. Is a committce free to organize in its own way, or must it be organized under special instructions from the assembly?

Every committee has the right to organize in its own way; that is, is perfectly free to appoint its own officers. But, as in the assembly, it is usually consid ered polite and proper to place on the committee both the mover and the seconder of the motion to raise such committee, so in the committee itself, it is, as a matter of courtesy, so customary as to amount almost to a rule, to appoint the member first named, or selected, to act as its chairman, and to report its proceedings to the body at large.‡

*It is the duty of the Secretary, when a committee has been appointed, to make out a list of the members, and send it, together with a copy of the instructions under which they are to act, to the person first named on the list.

† See, however, the answer to question 68, and the note.

The person first named on a committee always acts as chairman pro. tem. till the permanent Chairman is appointed. It is his duty, accordingly, to call a meeting of his colleagues at the earliest convenience, and so open the way to business.

51. Is a committee at liberty to fix its own time and place of meeting?

In respect to the time and place of meeting, as in respect to the disposition of the matters entrusted to it, a committee is always subject to the direction of the assembly; and if, when ordered to meet at a particular time, it fails of that time, it is not at liberty to enter upon duty, till again directed to sit by the assembly.

But, if left without special direction in this regard, the committee has power, as a matter of course, to choose such time and place as may be deemed expedient; provided always, the time be not that during which the assembly itself is in session.

52. May the members of a committee transact the business referred to them, by separate consultation, and without the formality of a regular meeting?

Nothing is the act of a committee, which is not done or agreed to, in the committee duly assembled, as such. There can, therefore, be no such thing as the report of a committee, made by separate consultation, and without the formality of a regular meeting of its members.

53. Are committees never allowed to sit in deliberation, while the assembly itself is in session?

If the business is such as to require immediate attention, or the assembly is anxious for despatch, a committee may be ordered to sit, while the body itself is in session. But, unless so ordered, it is contrary to

a rule founded on obvious propriety, for a committee to sit while the assembly is sitting.*

If, therefore, the body itself, after an adjournment, is found to be in session, while the committee is yet. engaged in its deliberations, it is the duty of the committee forthwith to rise and attend the assembly.

54. Is it necessary in order to the transaction of business in committee, that all the members of the committee should be present?

The number of members necessary to form a quorum for the transaction of business in a committee, is sometimes fixed by a vote, or by a standing rule of the assembly. Where, however, this is not the case, a majority is, in this country, commonly considered requisite to constitute a quorum, or else whatever other proportion may be necessary to a quorum in the assembly itself.

55. What subjects are usually referred to committees, and what is the ordinary mode of proceeding in them?

To committees, as before observed,† are usually re* The rule that committees are not to sit during the session of the assembly, is founded upon the principle, that the presence of the members constituting the committee, as well as that of all others, is necessary to full and efficient service in the body. The absence of a single member is often a great disadvantage.

The meetings of the assembly itself are, on this account, not unfrequently so appointed as to time, as to allow full opportunity for the discharge of duty in committees. Thus, it is well known that in Congress the daily sessions do not commence till twelve o'clock, mainly out of regard to the immense amount of labor devolving upon committees in preparing and digesting business for action in the two Houses.

† See answer to question 42.

ferred such papers, propositions, or other matters, as require to be digested, amended, or examined with a minuteness of detail very inconvenient, if not quite impracticable, in the full assembly. Accordingly, they are often obliged to make many personal inquiries, to examine lengthy documents bearing upon the subject confided to them, to examine witnesses, and otherwise to pursue protracted investigations.

In regard to the mode of proceeding in committee, the order, in most respects, is the same with that observed in the assembly itself. Thus, nothing is considered as an act of the committee, which has not been done in a meeting regularly convened; wherein business must be transacted by motions duly made, seconded and passed, as in the assembly.

56. Is it necessary for a committee to append to their report a resolution respecting the subject of their deliberations, and to recommend its adoption by the assembly?

The very object of a committee is to prepare business for the action of the assembly. It is, therefore, settled by an almost universal usage, that every report of a committee should conclude with a resolution.*

57. What course is adopted in the case of breaches of order, or disorderly words in a committee?

A breach of order in committee is not punishable by the committee itself; neither are disorderly words.

* If the committee has been raised merely to gather information, or if they should think proper to render a verbal report, declaring the matter of no sufficient interest or importance to require action, the report should close with a resolution to discharge the committee from the further consideration of the subject.