[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 114th Congress]
[114th Congress]
[House Document 113-181]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 304-306]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

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                           sec. xlix--journals



[[Page 305]]




Sec. 578. Obsolete provisions as to entry of motions in 
the journal.

  If a  question is interrupted by a vote to adjourn, or to 
proceed to the orders of the day, the original question is never printed 
in the journal, it never having been a vote, nor introductory to any 
vote; but when suppressed by the previous question, the first question 
must be stated, in order to introduce and make intelligible the second. 
2 Hats., 83.


  This provision of the parliamentary law is superseded by clause 1 of 
rule XVI, which requires every motion entertained by the Speaker to be 
entered on the Journal.




Sec. 579. Journal entries of questions postponed or 
laid on the table.

  So also  when a question is postponed, adjourned, or laid on 
the table, the original question, though not yet a vote, must be 
expressed in the journals, because it makes part of the vote of 
postponement, adjourning, or laying it on the table.



  In the House a question is not adjourned, except in the sense that it 
may be left to go over as unfinished business by reason of a vote to 
adjourn.




Sec. 580. Entry of amendments in the 
Journal.

  Where  amendments are made to a question, those amendments are not 
printed in the journals, separated from the question; but only the 
question as finally agreed to by the House. The rule of entering in the 
journals only what the House has agreed to, is founded in great prudence 
and good sense, as there may be many questions proposed which it may be 
improper to publish to the world in the form in which they are made. 2 
Hats., 85.




Sec. 581. Entry of votes in journal of the House of Commons.

  In the practice of the House a motion to amend is entered on the 
Journal as any other motion, under clause 1 of rule XVI.
* * * * *
   
The first order for printing the votes of the House of Commons was 
October 30, 1685. 1 Chandler, 387.



[[Page 306]]

power of judicature, the Commons in their House have power of 
judicature, and both Houses together have power of judicature; and the 
book of the Clerk of the House of Commons is a record, as is affirmed by 
act of Parl., 6 H. 8, c. 16; 4 Inst., 23, 24; and every member of the 
House of Commons hath a judicial place. 4 Inst., 15. As records they are 
open to every person, and a printed vote of either House is sufficient 
ground for the other to notice it. Either may appoint a committee to 
inspect the journals of the other, and report what has been done by the 
other in any particular case. 2 Hats., 261; 3 Hats., 27-30. Every member 
has a right to see the journals and to take and publish votes from them. 
Being a record, every one may see and publish them. 6 Grey, 118, 119.



Sec. 582. The Journal as an official record.

  Some  judges 
have been of opinion that the journals of the House of Commons are no 
records, but only remembrances. But this is not law. Hob., 110, 111; 
Lex. Parl., 114, 115; Jour. H. C., Mar. 17, 1592; Hale, Parl., 105. For 
the Lords in their House have



  The Journal of the House is the official record of the proceedings of 
the House (IV, 2727), and certified copies are admitted as evidence in 
the courts of the United States (IV, 2810; 28 U.S.C. 1736). A Senate 
committee concluded that the Journal entries of a legislative body were 
conclusive as to all the proceedings had, and might not be contradicted 
by ex parte evidence (I, 563).






Sec. 583. Correction of the Journal through a 
committee.

  On  information of a misentry or omission of an entry in the 
journal, a committee may be appointed to examine and rectify it, and 
report it to the House. 2 Hats., 194, 195.