[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress] [113rd Congress] [House Document 112-161] [Jeffersons Manual of ParliamentaryPractice] [Pages 166-171] [From the U.S. Government Publishing Office, www.gpo.gov] sec. xiii--examination of witnesses [[Page 167]] Parl., 115; Grey, 16-22, 92; 8 Grey, 21, 23, 27, 45.
Sec. 341. Common fame as ground for investigation. | Common fame is a good ground for the House to proceed by inquiry, and even to accusation. Resolution House of Commons, 1 Car., 1, 1625; Rush, L. |
Sec. 343. Examination of witnesses in the House and in committee. | When any person is examined before a committee or at the bar of the House, any Member wishing to ask the person a question must address it to the Speaker or chairman, who repeats the question to the person, or says to him, ``You hear the question--answer it.'' But if the propriety of the question be objected to, the Speaker directs the witness, counsel, and parties to withdraw; for no question can be moved or put or debated while they are there. 2 Hats., 108. Sometimes the questions are previously settled in writing before the witness enters. Ib., 106, 107; 8 Grey, 64. The questions asked must be entered in the Journal. 3 Grey, 81. But the testimony given in answer before the House is never written down; but before a committee, it must be, for the information of the House, who are not present to hear it. 7 Grey, 52, 334. |
Sec. 344. Earlier and later practice as to inquiries at the bar of the House. | The House, in its earlier years, arraigned and tried at its bar persons, not Members, charged with violation of its privileges, as in the cases of Randall, Whitney (II, 1599-1603), Anderson (II, 1606), and Houston (II, 1616); but in the case of Woods, charged with breach of privilege in 1870 (II, 1626-1628), the respondent was arraigned before the House, but was heard in his defense by counsel and witnesses before a standing committee. At the conclusion of that investigation the respondent was brought to the bar of the House while the House voted his punishment (II, 1628). The House also has arraigned at its bar contumacious witnesses before taking steps to punish by its own action or through the courts (III, 1685). In examinations at its bar the House has adopted forms of procedure as to questions (II, 1633, 1768), providing that they be asked through the Speaker (II, 1602, 1606) or by a committee (II, 1617; III, 1668). And the questions to be asked have been drawn up by a committee, even when put by the Speaker (II, 1633). In the earlier practice the answer of a witness at the bar was not written down (IV, 2874); but in the later practice the answers appear in the journal (III, 1668). The person at the bar withdraws while the House passes on an incidental question (II, 1633; III, 1768). See McGrain v. Dougherty, 273 U.S. 135 (1927); Barry v. U.S. ex rel. Cunningham, 279 U.S. 597 (1929); Jurney v. MacCracken, 294 U.S. 125 (1935). |
Sec. 345. Procuring attendance of a witness in custody of the other House. | If either House have occasion for the presence of a person in custody of the other, they ask the other their leave that he may be brought up to them in custody. 3 Hats., 52. |
Sec. 346. Members as witnesses. | A Member, in his place, gives information to the House of what he knows of any matter under hearing at the bar. Jour. H. of C., Jan. 22, 1744-5. |
Sec. 347. Method of obtaining testimony of a Member of the other House. | Either House may request, but not command, the attendance of a Member of the other. They are to make the request by message of the other House, and to express clearly the purpose of attendance, that no improper subject of examination may be tendered to him. The House then gives leave to the Member to attend, if he choose it; waiting first to know from the Member himself whether he chooses to attend, till which they do not take the message into consideration. But when the peers are sitting as a court of criminal judicature, they may order attendance, unless where it be a case of impeachment by the Commons. There it is to be a request. 3 Hats., 17; 9 Grey, 306, 406; 10 Grey, 133. |
Sec. 348. Admission of counsel. | Counsel are to be heard only on private, not on public, bills and on such points of law only as the House shall direct. 10 Grey, 61. |