IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 lii is IIIIM IIIM m M 2.2 2.0 1.4 1.8 1.6 V] f the presiding officer, to complain to the * In any deliberative or legislative assembly in the United states a covered head, except in case of infirmity, would bo Regarded as disorderly. ft Iff7°^ ==5SB BBKBBi 26 PARLIAMENTARY PRACTICE. -:i I assembly, or to take notice of the offense, and call the attention of the assembly to it. When a complain;, of this kind is made by the presiding officer, he is said to na7ne the member offending; that is, he declares to the assembly, that such a member, calling | him by name, is guilty of certain irregular i or improper conduct. The member, who is thus charged with an offense against the assembly, is entitled to be heard in his place! in exculpation, and is then to withdraw. Being withdrawn, the presiding officer states the offense committed, and the assembly proceeds to consider of the degree and! amount of punishment to be inflicted. Thej assembly may allow the member complainc( of to remain, when he offers to withdraw or, on the other hand, it may require him t( withdraw, if he do not offer to do so of hi^ own accord. The proceedings are similar] when the complaint is made by a members except that the offense is stated by sucll member, instead of being stated by the prej eiding officer. 41. Member Directly Concerned ii Matter Pending : Should not Attend^ nor Debate, nor Vote upon Question] Ko member ought to be present in tli BREACHES OF DECORUM. 27 assembly, when any matter or business con- cerning himself is debating; nor, if present, by the indulgence of the assembly, ought he to vote on any such question. Whether the matter in question concern his private inter- est, or relate to his conduct as a member — as for a breach of order, or for matter arising in debate — as soon as it is fairly before the assembly, the member is to be heard in ex- culpation and then to withdraw, until the matter is settled.* If, notwithstanding, a member should remain in the assembly and vote, his vote may and ought to be dis- allowed; it being contrary, not only to the laws- of decency, but to the fundamental principle of the social compact, that a man should sit and act as a judge in his own case. 42. Breaches of Decorum : How Punished. — The only punishments, which can be inflicted upon its members by a de- liberative assembly of the kind now under consideration, consist of reprimanding, — ex- clusion from the assembly, — a prohibition to speak or vote, for a specified tinie, — and ex- pulsion; to which are to be added such * It is not the usual practice in the United States to require an interested or inculpated member to withdraw. iil-r lyae 28 PARLIAMENTARY PRACTICE. other forms of punishment, as by apology, begging pardon, etc., as the assembly may see fit to impose, and to require the offender to submit to^ on pain of expulsion. ; \ •i!: MODES OF COMMUNICATION. 29 CHAPTER IV. OF THE INTRODUCTION OF BUSINESS. 43. Business Proceedings : How In- itiated. — The proceedings of a deliberative issembly, in reference to any particular siib- [ject, are ordinarily set in motion, in the irst instance, by some one of the members litlier presenting a communication from bersons not members, or himself submitting [i proposition to the assembly. 44. Modes of Communication : Form md Purpose of. — Communications made uO the assembly are of two kinds, namely, khose which are merely for its information |n matters of fact, and those which contain request for some action on the part of the issenibly, either of a general nature, or for ;lie benefit of an individual. The latter >nly, as they alone constitute a founda- tion for future proceedings, require to be noticed. ii I • I > I I i I 30 PARLIAMENTARY PRACTICE. 45. Motions : Form and Objects of. — Propositions made by members are drawn up and introduced, by motion, in the form which they are intended by the mover to bear, as orders, resolutions, or votes, if they should be adopted by the assembly. These propositions, of whatever nature they may be, are usually denominated motions, until they are adopted; they then take the name which properly belongs to them. 46. Right to Address Assembly :| How Obtained. — When a member has! occasion to make any communication what- ever to the assembly, — whether to present al petition or other paper, or to make or secondj a motion of any kind, or merely to make a verbal statement, — as well as when one| desires to address the assembly in debate, hel must, in the first place, as the expression is, ^* obtain the floor " for the purpose he hasl in view. In order to do this, he must rise| in his place,* and, standing uncovered, ad- dress himself to the presiding oifficer, by hisj * In the house of representatives of Massachusetts, wher each member's seat is regularly assigned to him, and numj bered, it has been found useful, in deciding upon the claims of several competitors for the floor, to prefer one who rises! in his place, to a member who addresses the speaker fronij the area, the passageways, or the seat of any other member ILLUSTRATION. 31 title; the latter, on hearing himself thus ad- dressed, calls to the member by his name; and the member may then, but not before, proceed with his business. 47. Conflicting Claims to Floor : How Adjusted. — If two or more members rise and address themselves to the presiding officer, at the same time, or nearly so, he should give the floor to the member whose voice he first heard. If his decision .should not be satisfactory, any member may call it in question, saying that in his opinion such a member (not the one named) was first up, and have the sense of the assembly taken thereon, as to which of the members should be heard. In this case, the question should be first taken upon the name of the member announced by the presiding officer; and, if this question should be decided in the nega- tive, then upon the name of the member for wliom the floor was claimed in opposition to him. 48. Illustration. — The mode of proceed- ing upon such communications from persons not members, as are above alluded to, may be explained by that adopted on the presen- tation of a petition which may be considered as the representative of the whole class to which it belongs. 32 PARLIAMENTARY PRACTICE. 49. Petitions : Formality Attending Presentation of. — A petition, in order u> be received, should be subscribed by tho petitioner himself, with his own hand, either by name or mark, except in case of inability from sickness, or because the petitioner is attending in person; and should be presented or offered, not by the petitioner himself, but by some member to whom it is intrusted for that purpose. 50. Petition : Substance of to be Stated, and Propriety of Vouched for. — The member, who presents a petition, should previously have informed himself of its con- tents, so as to be able to state the substance of it, on offering it to the assembly, and also to be prepared to say, if any question should be made, than in his judgment it is couched in proper language, and contains nothing intentionally disrespectful to the assembly. 51. Petition: Mode of Presentation Further Explained.— Being thus prepared, the member rises in his place, with the peti- tion in his hand, and informs the assembly that he has a certain petition, stating the substance of it, which he thereupon presents of offers to the assembly, and, at the same PETITION. nd time moves (which, however, may be clone by any other member) that it be received; this motion being seconded, the question is put whether the assembly will receive the petition or not. This is the regular course of pro- ceeding; but, in practice, there is seldom any question made on receiving a petition; the presiding officer usually taking it for granted, that there is no objection to the reception, unless it be stated. If, however, any objec- tion is made to a petition, before it has been otherwise disposed of, the presiding officer ought to retrace his steps and require a mo- tion of reception to be regularly made and seconded. [^ 317.] 52. Petition : Disposition of. — If the question of reception is determined in the affirmative, the petition is sent up to the table by the member presenting it; and is there read as of course by the clerk. It is then regularly before the assembly, to be dealt with as it thinks proper; the usual course being either to proceed to consider the subject of it immediately, or to assign some future time for its consideration, or to order it to lie on the table for the examina- tion and consideration of the members indi- vidually. 34 PARLIAMENTARY PRACTICE'. I I ■• 53. Motions and Resolutions : Pro- ceedings Concerning. — Whenever a mem- ber introduces a proposition of his own, for the consideration of the assembly, he puts it into the form he desires it should have, and then moves that it be adopted as the resolu- tion, order, or vote of the assembly. If this proposition so far meets the approbation of other members, that one of them rises in his place and seconds it, it may then be put to the question; and the result, whether affirma- tive or negative, becomes the judgment of the assembly. 54. Motion : Should be in Writing. — A motion must be submitted in writing; otherwise the presiding officer will be justified in refusing to receive it; he may do so, how- ever, if he pleases, and is willing to take the trouble himself to reduce it to writing. This rule extends only to principal motions, wrhich, when adopted, become the aot and express the sense of the assembly; but not to subsidiary or incidental motions * which merely enable the assembly to dispose of the former in the manner it desires, and which are always in the same form. In the case of * Such as, to adjourn,— lie on the table,— for the previous question,— for postponement,— commitment, etc. MOTION". 35 3!' affirm a- a motion to amend, which is a subsidiary motion, the rule admits of an exception, so far as regards the insertion of additional words, which, as well as the principal motion, must be in writing. 55. Motion : Should be Seconded, and Why.* — A motion must also be seconded, that is, approved by some one member, at least, expressing his approval by rising and saying, that he seconds the motion; and if a motion be not seconded, no notice whatever is to be taken of it by the presiding officer; though, in practice, very many motions, particularly those which occur in the ordi- nary routiiie of business, are admitted with- out being seconded. This rule applies as well to subsidiary as principal motions. The seconding of a motion seems to be required, on the ground, that the time of the assembly ought not to be taken up by a question, which, for anything that appears, has no one in its favor but the mover. There are some apparent exceptions to this rule, which will be stated hereafter, in those cases, in which one member alone has the right of instituting ' HI ' the previoHS * The rule requiring a motion to be seconded is practically obsolete in the United States. There is no good ground for it, and it should be abandoned altogether. 3G PAKLIAMENTAHY PRACTICE. >i I ! or giving direction to a particular proceeding; and an actual exception is sometimes made by a special rule, requiring certain motions to be seconded by more than one member. [1 318.] 56. Motion : When May be Debated. — When a motion has been made and seconded, it is then to be stated by the pre- siding officer to the assembly, and thus be- comes a question for its decision; and, until 80 stated, it is not in order for anv other motion to be made, or for any member to speak to it; but, when moved, seconded, and stated from tlie chair, a motion is in the possession of the assembly, and cannot be withdrawn by the mover, but by special leave of the assembly, which must be obtained by a motion made and seconded as in other cases. [1 319.] 57. Motion: Must be Read When Presented and as Often as Desired for Information. — When a motion is regularly before the assembly, it is the duty of the pre- siding officer to state it, if it be not in writing, or to cause it to be read, if it be, as often as anv member desires to have it stated or read for his information. QUESTION OR MOTION. 37 58. Question or Motion Pending [Must be Disposed of Before Another Can be Taken Up. — When a motion or mroposition is regularly before the assembly, no other motion can be received, unless it be one which is previous in its nature to the question under consideration, and conse- quently entitled to take its place for the time being, and be first decided. T 38 PARLIAUENTARY PBACIICE. CHAPTER ' • I' ; 111' : til OF MOTIONS IN GENERAL. 59. Subsidiary Questions and Mo- tions : What Are. — When a proposition is made to a deliberative assembly, for its adop- tion, the proposition may be in such a form as to be put to the question, and the assem- bly may be in such a state ap be willing to come to a decision upon .it once; and when this is the case, nothing more can be necessary than to take the votes of the mem- bers, and ascertain the result. But a dif- ferent state of things may and commonly does exist; the assembly may prefer some other course of proceeding to an immediate decision of ^he question in the form in which it is presented; and, as it is proper, that every parliamentary body should have the means of fitly disposing of every proposition which may be made to it, certain forms of question have from time to time been invented, and i SUBSIDIARY MOTIONS. 39 are now in general use, for that purpose. These forms of question may properly be called snbsidia?']/, in order to distinguish them from the principal motion or question to which they relate. 60. Subsidiary Motions : Four Divi- sions of Defined. — The diiferent states of mind, in which a pi ©position may be re- ceived by a deliberative assembly, and the corresponding forms of proceeding, or sub- sidiary motions, to wliich they give rise, in order to ascertain tlie sense of the assembly, are the following: — First. The assembly may look upon the })roposition as useless or inexpedient; and may therefore 'esire to suppress it, either for ;i time, or altog Mier. The subsidiary mo- rions, for this purpose, are the previous • jiiestion and iudefinite postponement. Second. The assembly may be willing to entertain and consider a proposition, but not at the time when it is made; either because more information is wanted by the members individually; or because they desire further time for reflection and examination; or be- cause the assembly is then occupied with some other matter, which has more pressing claims upon its present attention. The usual f^ i n i I J li III 1 1 1! 1 .'^ li 40 PARLIAMENTARY PRACTICE. motions, under such circumstances, are post- ponement to some future day or time, and to lie on the table. Third. The subject-matter of a proposition may be regarded with favor, but the form in which it is introduce^ may be so defective, that a more careful and deliberate consider- ation, than can conveniently be given to it in the assembly itself, may be necessary to put it into a satisfactory form. In this case, it is most proper to refer the proposition to a committee. Fourth, The proposition may bo accept- able, and the form in which it is presented 8o far satisfactory, that the assembly may be willing to consider and act upon it, with such alterations and amendments as may be thought proper. The motion adapted to this case is to amend. 6i. Subsidiary Motions: Previous Statement of, Not Exclusive of Others. — It is not to be supposed, that the sub- sidiary motions above specified are the only ones that have at any time been adopted or used; or that it is not competent to a delib- erative assembly to frame new motions at pleasure; but these are the forms in most common use, and are entirelv sufficient for SL'BSIDIAKY MOTIONS. 41 all pra^^tical purposes.* !N either is it to be supposed, that these motions are always ap- plied strictly to the cases to which they moat appropriately belong; several of them are frequently used to effect purposes, for which others would be more proper. There mis- applications will be taken notice of, under the heads of the several motions. 1 1 * It is usual, in legislative assemblies, to provide by a special rule, both as to the particular motions to be used, and the order in which they may be made. Thus, the rule in the house of representatives of congress (which is also adopted in the house of representatives of Massachusetts), is, that, " when a question is under debate, no motion shall be received, but to adjourn, to lie on the table, for the previous question, to post- ])one to a day certain, to commit, to amend, to postpone indefi- nitely, which several motions shall have precedence in th*» order in which they are arranged." I! ■ wmmmmmrnrmsTss 42 PARLIAMENTARY PRACTICE. CHAPTER IV. OF MOTIONS TO SUPPRESS. 62. Previous Question and Indefinite Postponement : Purpose of. — Wheu a proposition is moved, whicli, it is supposed, may be regarded by the assembly as useless or inexpedient, and which it may therefore be desirous to get rid of, such proposition may be suppressed for a time by means of the previous question, or altogether by a motion for indefinite postponement. SEC. I. PREVIOUS QUESTION. 63. Previous Question: Originally a Subsidiary Motion to Suppress of Main Question, But Perverted to Suppress Debate. — The original and proper parlia- mentary use of the previous question being, as above stated, the suppression of a main question, it seems proper to consider it as one of the subsidiary motions for that pur- pose; although, in this country, it has been PREVIOUS QUESTIOK. 43 perverted to a wholly different use, namely, the suppression of debate. This consider- lation, in connection with the difficulty of the subject; and the importance of a correct understanding of it, makes it proper to devote more room to the previous question, than needs to be given to most of the other subsidiary motions. It will first be con- sidered according to its original use and iutention; and, afterward, as used in this country. 64. Previous Question : Origin of, How Put, and Effect of in Negative. — There are several motions, wliich give rise to questions previous in their nature to other questions to which they relate; but the term \previous has been applied exclusively to a motion denominated tlie previous question, which has for its object the suppression of a principal motion or question. This motion was introduced into the house of commons, in England, more than two centuries ago, for the purpose of suppressing subjects of a delicate nature, relating to high personages, or the discussion of which might call forth observations of an injurious tendency. When first made use of, the form of the motion was, shall the main question bej^ut? and the !? .J.I ■1: ■til ^ (5i HI i ■' 1 ^ ^ i i 44 PARLIAMENTARY PRACTICE. effect of a decision of it in the negative was to suppress the main question for the whole session. The form of it was afterward changed to that which it has at present, namely, shall the main question he now put? and the effect of a negative decision of it now is to suppress the main question for the residue of the day only. The operation of this motion, in suppressing the question to which it is applied, results from the principle, that no further consideration or discussion can regularity be had of a subject, which it has been decided shall not be put to the question; and, therefore, when, on the mo- tion of the previous question, it has been decided, that the principal question shall not now be put^ that question is disposed of for the day, and cannot be renewed until the next or some succeeding day. This is the purpose for which the previous question was originally invented, and for which it is still used in the British parliament. 65. Motion for Previous Question: Effect of^ if Decided in Affirmative.— But the previous question, may be decided in the affirmative, as well as the negative, that is, that the main question shall now be I put; in which case, that question is to be MOTION FOR PRJSVIOUS QUESTION. 45 put immediately, without any further debate, and in the form in which it then exists. This operation of the previous question, when decided aflSrmativelv, has led to the use of it for the purpose of suppressing debate on a princi]3al question, and coming to a vote upon it immediately; and this is ordinarily the only object of the previous question, as made use of in the legislative assemblies of the United States.* The operation of a negative decision is different in different assemblies; in some, as, for example, in the house of representatives of congress, it operates to dispose of tlie principal or main question by suppressing or removing it from before the house for the day; but in others, as in the house of representatives of Massachusetts, and in the house of assembly of New York (in the former by usage only, and in the latter by a rule), the effect of a negative decision of the previous question is a:: ; m I * Mr. Jefferson {Manual., § xxxiv.) considers this extension of the previous question as an abuse. He is of opinion, that *'its uses would be as well answered by other more simple parliamentary forms, and therefore it should not be favored, but restricted within as narrow limits as possible." Notwith- standing this suggestion, however, the nae of the previous question, as above stated, has become so firmly established, that it cannot now be disturbed or unsettled. 40 PARLIAMENTARY PRACTICE. 1 i to leave the main question under debate for the residue of the sitting, unless sooner dis- posed of, by taking the question, or in some other manner. 66. Previous Question : How Em- ployed in England and in the United States. — In England, the previous question is used only for suppressing a main question; the object of the mover is to obtain a deci- sion of it in the negative; and the effect of such a decision, though in strictness only to suppress the question for the day, is, practic- ally and by parliamentary usage, to dispose of the subject altogether. In this country, the previous question is used chiefly for sup- pressing debate on a main question; the object of the mover is to obtain a decision of it in the affirmative; and the effect of a decision the other way, though in some as- semblies operating technically to suppress the main question for the day only, is, in general, merely to suspend the taking of the question for that day; either leaving the debate to go on during the residue of the day, or the sub- ject to be renewed on the next or some other day. The operation of an affirmative decision is the same, in both countries, namely, the putting of the main question immediately. MOTION FOR POSTPONEMENT. 4? iiud without futher debate, delay, or con- sideration.* SEC. 11. INDEFINITE POST- PONEMENT. 67. Motion for Indefinite Postpone- ment : Object and Effect of. — In order to suppress a question altogether, without coming to a direct vote upon it, in such a manner that it cannot be renewed, the proper motion is for indefinite postponement; that is, a postponement or adjourument of the question, without fixing any day for resum- ing it. The effect of this motion, if decided in the affirmative, is to quash the proposi- tion entirely; as an indefinite adjournment is equivalent to a dissolution, or the con- tinuance of a suit, without day, is a discon- tinuance of it. A negative decision has no effect whatever. *In the Senate of the United States the previous question cannot be moved, and the only Hmit of debate is exhaustion or argument. Originally devised to retard or defeat a meas- ure, the " previous question " has gradually developed in the United States into a proceeding to hasten, and secure favor- able action upon it. Instead of being a " perversion " as described by the author, the change has been beneficent, and the motion should have higher privilege.— J. J. I. r E' k 48 PAKLlAMEKTAliY FKACTICE. ^1 CHAPTER VII. OF MOTIONS TO POSTPONE. 68. Motions to Postpone and to Lay on Table : Objects of. — If the assembly is willing to entertain and consider a ques- tion, but not at the time when it is movrd, the proper course is either to postpone the subject to another day, or to order it to lie on the table. 69. Motion to Postpone to a Future Day : Object of. — When the members in- dividually want more information than they possess, at the time a question is moved, or desire further time for reflection and exami- nation, the proper motion is, to postpone the subject to such future day as will answer the views of the assembly. 70. Motion to Postpone to an Impos- sible Future Day : Improper Use of.— This motion is sometimes used improperly, to get rid of a proposition altogether, as would be done by an indefinite postpone- 11; MOTION TO LAY ON TUE TABLE. 49 nient. Tliis is effected by fixing upon aday wliich, according to the common course of tilings, will not arrive until after the assem- bly has been brought to a close. But a motion, worded in this manner, is precisely equivalent to a motion for indefinite post- ponement, and should be so considered and treated. 71. Motion that Matter Lie on Table : Purpose an Effect of.— If the assembly has something else before it, which claims its present attention, and is therefore desirous to postpone a particular proposition, until that subject is disposed of, such post- ponement may be effected by means of a motion that the matter in question lie on the table. If this motion prevails, the subject so disposed of may be taken up, at any time afterward, and considered, when it may suit the convenience of the assembly. [1320.] 72. Motion to Lay on the Table : Final Disposition of Question if Not Afterward Taken Up.— This motion is also sometimes made use of for the final dis- position of a subject; and, it always has that effect, when no motion is afterward made to take it up. T J — 50 PARLIAMENTARY PRACTICE. m : il' 'l 1 1 i . , CHAPTER VIII. OF MOTIONS TO COMMIT. 73. Motions to Commit or to Refer : Object of. — The third case for the use of a subsidiary motion, as ah'eady stated, occurs, when the subject-matter of a proposition is regarded with favor, but tlie form in which it is introduced is so defective, that a more careful and deliberate consideration is neces- sary, than can conveniently be given to it in the assembly itself, in order to put it into a satisfactory form. The course of proceeding then is, to refer the subject to a committee; which is called a commitment, or, if the sub- ject has already been in the hands of a com- mittee, a recommitment. 74. Motion to Commit : Selection between Standing and Select Com- mittee. — If there is a standing committee of the assembly, whose functions embrace the subject in question, the motton should be to refer it to that committee; if there is MOTION TO COMMIT, 51 no such committee, then tlie motion slionld be to refer to a select committee. If it is a matter of doubt, whether a particuhir stand- ing committee is appropriate or not, and propositions are made for a reference to tliat committee, and also for a reference to a select committee, the former proposition siiould be tirst put to the question. 75. Motion to Commit : May be With Instructions or Without. — When a sub- ject is referred or recommitted, tlie committee may be instructed or ordered by the assem- bly, as to any part or the whole of the duties assigned them; or the subject may be left with them without instructions. In the former case, the instructions mnst be obeyed, of course; in the latter, the com- mittee have full power over the matter, and may report upon it, in any manner they please, provided they keep within the recog- nized forms of parliamentary proceedings. 76, Motion to Commit : May Affect Part of Subject or All, and May be to Different Committees. — A part only of a subject may be committed, without the resi- ilne; or different parts may be committed to ditferent committees. r n. ! .*, 53 PAllLIAMENTAUY PRACTICE. 77. Motion to Commit with Instruc- tions: Uses of. — A connnitnieiit with in- structions is some times made use of, as a convenient mode of procuring further in- formation, and, at the same time, of post- poning the consideration of a subject to a future though uncertain day. '^ I I '' liOTIONS TO AMEND. 53 CHAPTER IX. OF MOTIONS TO AMEND. 78. Motion to Amend : Object of.— The last case, for the introduction of sub- sidiary motions, is when tlie assembly is satisfied with the subject-matter of a propo- sition, but not with the form of it, or witli all its different parts, or desires to make some addition to it. The course of proceed- ing then is, to bring the proposition into the proper form, and make its detail?^ satis- factory, by means of amendments, or of cer- tain proceedings of a similar character, and having the same general purpose in view. The latter will be first considered. SEC. I. DIVISION Olf A QUES- TION. 79. If Question Consists of Two or More Parts : Separate Vote May be Had When. — When a proposition or mo- ■ r^r 64 PARLIAMENTARY PRACTICE. I' i' tiou is complicated, that is, composed of two or more pa>'t8, whicli are so far independent of each other, as to be susceptible of division into several questions, and it is supposed that the assembly may approve of some but not of all these parts, it is a compendious mode of amendment, to divide the motion into separate questions, to be separately voted npon and decided by the assembly. Tliis division may take place by the order of the assembly, on a motion regularly made and seconded for the purpose. 80. Separate Vote Upon Divided Question : Effect of. — Wlien a motion is thus divided, it becomes a series of questions, to be considered and treated each by itself, as an independent proposition, in the order in which they stand; and when they have all been gone through with and decided, the result will be the same, as if motions to amend by striking out the several parts had been made and put to the question. When a motion for a division is made, the mover ought to specify in his motion the manner in which lie proposes to make the division; and this motion, like every other of the nature of an amendment, is itself susceptible of amendment. li! DIVISION OF QUESTION. 55 8i. Division of Question and Sepa- rate Vote : Not the Right of Member to Demand. — It is sometiiiies asserted, that it is the right of every individual member to hiive a complicated question (provided it is susceptible of division) divided into its several parts, and a question put sei)arately on each, on his mere demand, and without any motion or any vote of the assembly for that purpose. But this is a mistake; there is no such rule of parliamentary proceeding; a complicated question can only be separated by moving amendments to it in the usual manner, or by moving for a division of it in the manner above stated. 82. Division of Question : Rule for on Demand of Member, Common. — It is noi. unusual, however, for a deliberative assembly to have a rule providing for the division of a complicated question ([)rovided it is susceptible of division) into its several parts, upon the demand of a member. AVhen this is the case, it is for the presiding ofiicer (subject of course to the revision of the as- sembly) to decide, when the division of a motion is dem.anded, first, whether the pro- position is susceptible of division, and, secondly, into how many and what parts it nuiy be divided. 56 PARLIAMENTARY PRACTICE. 't ; ■ ! I! B ':> 83. Division of Question : When Allowable. — A proposition, in order to be divisible, must comprehend points so distinct and entire, that if one or more of them be taken away, the otliers may stand entire and by themselves; but a qualifying paragrapli, as, for example, an exception or a proviso, if separated from the general assertion or statement to which it belongs, does not contain an entire point or propo- sition.* SEC. II. FILLING BLANKS. 84. Blanks of Times and Numbers r How Filled. — It often happens, that a proposition is introduced with blanks pur- posely left by the mover to be filled by the assemblv, either with times and numbers, or with provisions analogous to those of the proposition itself. In the latter case, blanks are fdled in the same way, that other amend- ments by the insertion of words are made. In the former, proposition to fill blanks are not considered as amendments to the ques- tion, but as original motions, to be made and decided before the principal question. * The motion to strike out and insert is regarded now in practice in the United States as indivisible.— J. J. L ORDER OF FILLING BLANKS. 57 85. Motions to Fill Blanks : How Acted Upon. — When a blank is left to be filled with a time or number, motions may be made for tiiat purpose, and the question taken on each by itself, and before another is made; or several motions may be made and pending before any of them are put to the question. This last mode of proceeding, wliich is the most usual as well as convenient, requires that the several propositions should be arranged, and the question taken on them, in such order as will the soonest and with the most certainty enable the assembly to come to an agreement. 86. Order of Filling Blanks : Object Sought. — In determining upon the order to he adopted, the object is not to begin at that extreme, which and more being within every nian^s wish, no one can vote against it, and, yet, if it sliould be carried in the affirmative, every question for more would be precluded; but, at that extreme, which will be likely to unite the fewest, and then to advance or recede, until a number or time is reached, which will unite a majority. 87. Order of Filling Blanks : Reasons for the Method that is Followed.— i now in I lloiice, when several diil'erent propositions 58 PARLIAMENTARY PRACTICE. |i are made for filling blanks with a time or number, the rule is, that if the larger com- prehends the lesser, as in a question to what day a postponement shall take place, — the number of which a committee shall consist, —the amount of a fine to be imposed, — the term of an imprisonment, — the term of irre- deemability of a loan, — or the terminus in qitem in any other case, the question must begin a maximo, and be first taken upon the greatest or farthest, and so on to the least or nearest, until the assembly comes to a vote: But, if the lesser includes the greater, as in questions on the limitation of the rate of interest, — on the amount of a tax, — on what day the session of a legislative assembly shall be closed, by adjournment, — on what day the next session shall commence, — or the ter- minus a quo in any other case, the question must begin a minimo, and be first taken on the least or nearest, and so on to the greatest or most remote, until the assemblv comes to a vote.* ♦ The abov is the rule as laid down by Mr. Jefferson (§ 33), and holds wi; re it is not superseded by a special rule, which ia genei'ally the case in our legislative assemblies; as, for example, in the senate of the United States, the rule is, that in filling blanks, the largest sum and longest time shall be first put. In the house of commons, in England, the rule established by usage is, that the smallest sum and the longest time shall be first put TRANSPOSITION. i>9 SEC. III. ADDITION— SEPARA- TION "-TRANSPOSITION. 88. Condensation of Matters : How Reached. — When the matters contained in two separate propositions might be better put' into one, the mode of proceeding is, to reject one of them, and then to incorporate the substance of it with the other by way of amendment. A better mode, however, if the business of tlie assembly will admit of its being adopted, is to refer botli propositions to a committee., with instructions to incor- porate them together in one. 89. Distribution of Matters: How Reached. — So, on the other hand, if the matter of one proposition would be more properly distributed into two, any part of it may be struck out by way of amendment, and put into the form of a new and distinct proposition. But in this, as in the former case, a better mode would generally be ta refer the subject to a committee. 90. Transposition : How Secured. — In like manner, if a paragraph or section re- quires te be transposed, a question must be put on striking it out where it stands, and another for inserting it in the place desired. \\4 V fff 60 PAKLIAMENTARY PRACTICE. M'i '1 l!i|; I ;ii'^ • li! .i: i 91. Numbering: Sections and Para- graphs : Clerical Only. — The iiiimbera prefixed to the several sections, paragraphs, or resohitione, which constitute a proposition, are merely marginal indications, and no part of the text of the proposition itself; and, if necessary, they may be altered or regulated by the clerk, without any vote or order of the assembly. SEC. IV. MODIFICATION OR AMENDMENT BY THE MOVER. 92. Amendment of Motion : May be Made at Any Time by General Con- sent. — The mover of a proposition is some- times allowed to modifv it, after it has been stated as a question by the presiding olticer; but, as this is equivalent to a withdrawal of the motion, in order to substitute another in its place; and, since, as has already been seen, a motion regularly made, seconded, and proposed, cannot be withdraw without leave; it is clear, that the practice alluded to rests only upon general consent; and, that, if objected to, the mover of a proposition must obtain the permission of the assembly, by a motion and question for the purpose. AMENDMENTS. t)l in oraer to enable him to modify his propo- sition. 93. Amendment to Motion : Mover of Original Question May Accept by General Consent. — So, too, when an amendment has been reguhirly moved and seconded, it is sometimes tlie practice for the mover of the proposition to which it rehites to signify his consent to it, and for the amendment to be tliereupon made, without any question being taken upon it by the as- sembly. As tliis proceeding, liowever, is essentially the same with that described in the preceding paragraph, it, of course, rests upon the same foundation, and is subject to the same rule. [^ 322.] SEC. V. GENERAL RULES RE- LATING TO AMENDMENTS. 94. Amendments : Three Forms of. — iVll amend mcnis, of which a proposition is susceptible, so far as form is concerned, nniy be effected in one of three ways, namely, either by inserting or adding certain words; or by striking out certain words; or by striking out certain words, and inserting or adding others. These several forms of amendment are subject to certain general '>m ? ff ii i< j 1 1 1 'iii : i ■, . ii I II 62 PAKLTAMENTAHY PRACTICE. rules, which, being equally applicable to them all, require to be stated beforehand. 95. Order of Amendments: Numer- ical Sequence Should be Followed. — Fi7'st ride. When a proposition consists of several sections, paragraphs, or resolutions, the natural order of considering and amend- ing it is to begin at the beginning, and to proceed through it in course by paragraphs; and when a latter part has been amended, it is not in order to recur back, and make any alteration or amendment of a former part, 96. Amendment : Limitation of. — Second Rule. Every amendment, which can be proposed, whether by striking out, or inserting, or striking out and inserting, is itself susceptible of amendment; but there can be no amendment of pn amendment to an amendment; this would be such a piling of questions one upon another, as would lead to great embarrassment; and as the line must be drawn somewhere, it has been fixed by usage after the amendment to the amend- ment. The object, which is proposed to be effected by such a proceeding, must be sought by rejecting the amendment to the amend- ment, in the form in which it is proposed, and then moving it again in the form in ILLUSTRATION. 63 which it is wislied to be amended, in which it is only an amendment to an amendment; and in order to accomplish this, he who desires to amend an amendment should give notice, that, if rejected, in the form in which it is presented, he shall move it again in the form in which he desires to have it adopted. 97. Illustration : — Thus, if a proposition consist of A B, and it is proposed to amend by inserting C D, it may be moved to amend the amendment by inserting E F; but it cannot be moved to amend this amendment, as, for example, by inserting G. The only mode, by which this can be reached, is to reject the amendment in the form in which it is presented, namely, to insert E F, and to move it in the form in which it is desired to be a»n ended, namely, to insert E G F. 98. Proposition : Finally Agreed to Cannot be Afterward Amended. — Third Rule, Whatever is agreed to by the assembly, on a vote, either adopting or rejecting a j)ro- posed amendment, cannot be afterward altered or amended. 99. Illustration : — Thus, if a proposition consist of A B, and it is moved to insert C; if the an^endment prevail, C cannot be after- i 84 PAIILIAMENTAUY PRACTICK. ward amended, because it has been agreed to in tbat form; and, so, if it is moved to strike out B, and the amendment is rejected, ]i cannot afterward be amended, because a vote against striking it out is equivalent to a vote affrocin<]: to it as it stands. 100. Proposition : Disagreed to Can- not be Moved AgSLin, — Fourth Rule, AVhatcjver is disagreed to by tlie assembly, on a vote, cannot be afterward moved again. This rule is the converse of the preceding, and may be iUustrated in the same manner. 101. Illustration. — Tims, if it is moved to amend A B by inserting C, and the amend- ment is rejected, cannot be moved again; or, if it is moved to amend A B by striking- out B, and the amendment pie vails, B can- not be restored, because, in the first case, C, and, in the other, B, have been disagreed to bv a vote. 102. Inconsistency : Ground for Re- jection, But Not for Suppression on Point of Order. — Fifth Rule. The incon- sistency or incompatibility of a proposed amendment with one which has already been adopted, is a fit ground for its rejection by the assembly, but not for the suppression of ILLUBTRATIOX. 6:) it by the presiding oflicer, as against order; for, if questions of this nature were nllowed to be brought within the jurisdiction of tiio presiding otiicer, as matters of order, he might usurp a negative on important modifications, and suppress or embarrass instead of subserving the will of tlie as- sembly. SEC. VI. AMENDMENTS BY STRIKING OUT. 103. Rejected Amendment to Strike Out : Limitations of, — If an auiendment is proposed by striking out a particular para- graph or certain words, and tlie amendment is rejected, it cannot be agfiiu moved to strike out the same words or a part of them; but it may be moved to strike out the same words with others, or to strike out a part of tlie same words with others, provided the coherence to be struck out be so substantial, as to make these, in fact, diil'erent proposi- tions from the former. 104. Illustration. — Tiius, if a proposi- tion consist of A B C D, and it is moved to strike out B C; if this amendment is rejected, it cannot be moved again; but it may be moved to strike out A B, or A B 0, or B D or C D. I yfw 66 PARLIAMENTARY PRACTICE. 105. Amendment to Strike Out Agreed to : How Limited.— If an amend- ment by striking out is agreed to, it cannot be afterward moved to insert the same words struck out or a part of them; but it may be moved to insert the same words with others, or a part of the sanie words with others, pro- vided tlie coherence to be inserted make these propositions substantially diiforont from the first. 106. Illustration. — Tlius, if the propo- sition A B C D is amended by striking out B C, it cannot be moved to insert B G again; but it may be moved to insert B with other words, or B with others, or with others. 107. Three Amendments to Motion : To Amend by Striking out, Described. — When it is proposed to amend by striking out a particular paragrapli, it may be moved to amend this amendment, in three dif- ferent ways, namely, either by striking out a part only of the paragraph, or by inserting or adding words, or by striking out and in- serting. 108. Illustration. — Thus, if it is moved to amend the proposition A B D, by strik- ing out B C, it may be moved to amend this MOTIONS TO AMEND. 67 amendment by striking out B only or C only, or by inserting E, or by striking out 13 or 0, uud inserting E, 109. If Motion to Strike Out is Pend- ing : Motion to Amend Paragraph to be Retained Must be Made When.— In the ctise of a proposed amend men t by striking out, the effect of voting upon it, whether it be decided in the alTirmative or negative, according to the third and fourth rules above mentioned, renders it necessary for those who desire retain the paragra])li to amend it, if any amendment is necessary, before the vote is taken on striking out; as, if struck out, it cannot be restored, and, if retained, it cannot be amended. 110. Motions to Amend : Precedence of. — As an amendment must necessarily be put to the question before the principal motion; so the question must be put on an amendment to an ameiulment before it is put on the amendment^ but, as this is the ex- treme limit to which motions may be put upon one another, there can be no precedence of one over another among amendments to amendments; and, consequently, they can only be moved, one at a time, or, at all events, must be put to the question in the order in which they are mov«d. I i . i -i * ■- r- 68 PAKLIAMENTAKY PKACTICE. III. Motion to Strike Out : Form of, and Reason thereof. — Wiieii a motion for striking out words is put to the question, tlie parliamentary form always is, whether tiie words shell stand as part of the principal motion, and not whether i\my shall he struck out. The reason for this form of stating the question probably is, that the question may t)e taken in he same manner on a part as on the whole of the principal motion; which would not be the case, if the question was stated on striking out; inasmuch as the ques- tion on tlie principal motion, when it comes to be stated, will be on agreeing to it, and not on striking out or rejecting it. Besides, as an equal division of the assembly would produce a different decision of the question, according to the manner of stating it, it might happen, if the question on the amend- ment was stated on striking out, that the same question would be decided both affirmatively and negatively by the same vote.* 112. Motion cO Amend by Striking- Out : Staternotit of. — On a motion to ameud by striking out certain words, the •The common, If not the only, mode of stating the qaestion, tn the legislative assemblies of this country, is on striking out. ILLUSTUATlOl^. GD manner of Btatiiig the question is, first to read the passage prop ^sed to be amended, as it stands; then the words proposed to bo struek out; and, hiatly, the whole passage as it will stand if the amendment is adopted. [^ 323.] SEC. VII. AMENDMENTS BY INSERTING. 113. Rejected Amendment to Insert: Same Proposition Cannot be Moved Again. — If an amendment is proposed by inserting or adding a paragraph or words, and the amendment is rejected, it cannot bo moved again to insert the same words or a part of them; but it may be moved to insert the same words with others, or a part of the same words with others, provided the ' coherence really make them did'erent propo- sitions. 114. Illustration. — Thus, if it is moved to amend the i)roposiiion A B by insertirig I), and the amendment is rejected, 1> cannot be again moved; but it may be moved to insert C E, or 1) E, or C D E. 115. Motion to Insert Agreed to Prevents Motion to Strike Out Same Proposition. — If it is proposed to amend ! m I' I H fi fff ^ n lUi I i' 70 PARLIAMENTARY PRACTICE. by inserting a paragraph, and the amend- ment prevails, it cannot be afterward moved to strike out the same words or a part of them; but it may be moved to strike out the same words with others,* or a part of the same words with others, provided the coher- ence be such as to make these propositions really different from the first. Ii6. Illustration. — Thus, if in the ex- ample above supposed, the amendment pre- vails, and C D is inserted, it cannot be after- ward moved to strike out D, but it may be moved to strike out A C or A C D, or D B, or D B. 117. Motion to Insert : Three V7ays to Amend. — When it is proposed to amend by inserting a paragraph, this amendment may be amended in three different ways, namely, either by striking out a part of the })aragraph; or by inserting something into it; or by striking out and inserting. 118. Illustration. — Thus, if it is pro- posed to amend A B by inserting C D, thia amendment maybe amended either by strik- ing out C 01 D, or inserting E, or by striking out C or 1) and inserting E. ♦ This is the common vise of striking ou< a paragraph, after baving amended it by inserting words. — J n AMEXDMENTS TO INSERT. 71 119. When Motion to Insert Must be Amended. — When it is proposed to amend by inserting a paragraph, those who are in favor of the amendment should amend it, if necessary, before tlie question is taken; because if it is rejected, it cannot be moved again, and, if received, it cannot bo amended. 120. Amendments tr Insert : No Priority in, — There is no precedence of one over another in amendments to amendments by inserting, any more than in amendments to amendments by striking out. 121. Question: How Stated.— -On a motion to amend by inserting a paragraph, the manner of stating the question is, first, to read the passage to be amended, as it stands; then the words proposed to be in- serted; and, lastly, the whole passage as it will stand if the amendment prevails. SEC. VIII. AMENDMENTS BY STRIKING OUT AND IN- SERTING. 122. Motion to Strike Out and In- sert : Question Divisible.— The third form of amending a proposition, namely, by striking out certain words and inserting I- \\\ 12 PAllLIAMESTARY PKACTICE. y' i ri!) ![ others in their place, is, in fact, a combination of the other two forms; and may accordingly bo divided into those two forms, either by a vote of the assembly, or on tlie demand of a member, under a special rule to that effect.* [1323.] 123. Proceedings in Case of Division. — If the motion is (.livided, the question is first to be taken on striking out; and if that is decided in the affirmative, then, on inserting; but if the former is decided in the negative, the latter falls, of course. On a division, the proceedings are the same, in reference to each branch of the question, beginning with the striking out, as if each branch had been moved by itself. 124. Proceedings when Motion to Strike Out and Insert is Not Divided. — If the motion to strike out and insert is put to the question undivided, and is decided in the negative, the same motion cannot be made again; but, it may be moved to strike * Mr. Jefferson (§ xxxv) sayr, *' the question, if desired, is then to be divided,'^ etc.; but, as lie makes no exception of a motion to strike out and insert, wlieu fcieating of the subject of division, and does not here state it as an exception, he un- loubtedly supposes the division in this case to be made in the •egular and usual manner. Not divisible in practice in United States.-- J. J. I. MOTION" TO AMEND. ?3 out the same words, and, 1, insert nothing; 2, insert other words; 3, insert the same words with others; 4, insert a part of the same words with others; 5, strike out the same words with others, and insert the same; 6, strike out a part of the same words with otliers, and insert tlie same; 7, strike out other words and insert tlie same; and, 8, insert the same words without striking out anything. 125. If Motion to Strike Out and In- sert Decided in Affirmative : What. — If the motion to strike out and insert is decided in the affirmative, it cannot be then moved to insert the words struck out or a part of them, or to strike out tlie words in- serted, or a part of them; but, it may be moved, 1, to insert the same words with otliers; 2, to insert a part of the same words with others; 3, to strike out the same words with others; or, 4, to strike out a part of the same words with others. 126. Motion to Amend by Striking Out and Inserting May be Amended in Three Ways. — When it is proposed to amend by striking out and inserting, this amendment may be amended in three dif- ferent ways in the paragraph proposed to be I t 1 , f ;■ 74 PAKUA.MEXTAUY PUACTIOE. f T n struck out, aiul also iu the paragraph pro- prosed to be inserted, Damely, by striking out, or inserting, or striking out and insert- ing. And those who are in favor of either paragraph must amend it, before tlie ques- tion is taken, for the reasons already stated, namely, that, if decided in the affirmative, the part struck out cannot be restored, nor can the part inserted be amended; and, if decided in the negarive, the part proposed to be struck out cannot be amended, nor can the paragraph proposed to be inserted be moved again. 127. Motion to Amend by Striking Out and Inserting: Amended How.— On a motion to amend, by striking out cer- tain words and inserting others, the manner of stating the question is first to read the whole passage to be amended, as it stands; then the words proposed to be struck out; next those to be inserted; and, lastly, the whole passage as it will stand when amended. SEC. IX. AMENDMENTS CHANGING TFIE NATURE OF A QUESTION. 128. Motion to Amend May be Made by Those Who Do Not Favor Original li ILLUSTRATION. 75 Proposition. — The term amendment is in strictness applicable only to those changes of a proposition by which it is improved, that is, rendered more effectual for the pur- pose which it has in view^ or made to express more clearly and definitely the sense which it is intended to express. Hence it seems proper, that those only should undertake to amend a proposition, who are friendly to it; but this is by no means the rule; when u proposition is regularly moved and seconded, it is in the possession of the assembly, and cannot be withdrawn but by its leave; it has then become the basis of the future proceed- ings of the assembly, and may be put inta any shape, and turned to any purpose, that the assembly may think proper. 129. Proposition May be Entirely Changed by Amendment. — It is conse- quently allowable to amend a proposition in such a manner as entirely to alter its nature, and to make it bear a sense different from what it was originally intended to bear; so that the friends of it, as it was first intro- duced, may themselves be forced to vote against it, in its amended form. 130. Illustration. — This mode of pro- ceeding is sometimes adopted for the pur- V'l-^M fii !■■ ni< L M It 1 ill i jiii ( I i 76 PARIJAME^'TAllY PRACTICE. pose of defeating a proposition, by compel- ling its original friends to unite with those who are opposed to it, in voting lor its rejection. Thus, in the British house of commons, Jan. "Z^, 1765, a resohition being moved, ^' That a general warrant for appre- hending the authors, printers, or publishers of a libel, together with their papers, is not warranted by law, and is an high violation of the liberty of the subject:'' — it was moved to amend this motion by prefixing the following ])aragrapli, namely: ** That in the particular case of libels, it is proper and necessary to Hx, by a vote of this house only, wliat ought to bo deemed the law in respect of general warrants; and, for that ))urpose, at the time when the detertnination of the legality of such warrants, in the instance of a most seditious and treasonable libel, is actually depending before the courts of law, for tliis house to declare '' — that a general loarrant for appreliending the authors, printerSy or pithlishers of a libel , together with their papers, is not warranted by law, and is an high violation of the liberty of the subject. The amendment was adopted, after a long debate, and then the resolution as amended ILLUSTKATION. 77 was immediately rejected without a divi- sion.* 131. Illustration. — But sometimes the nature of a proposition is changed by means of amendments, with a view to its adop- tion in a sense the very opposite of what it was originally intended to bear. Tlie following is a striking example of this mode of proceeding. In the house of com- mons, April 10, 1744, a resolution was moved, declaring, *' That the issuing and paying to the Duke of Aren'berg the sum of forty thousand pounds sterling to put the Austrian troops in motion in the year 1742, was a dangerous misapplication of public money, and destructive of the rights of parliament/* The object of this resolution was to censure fclie conduct of the ministers; and the friends of the mini".try, being in a majority, might * This mode of defeating: a measure, however, is not always •successful. In 1780, Mr. Dunning having made a motion, iu llie house of commons, " that, iu the opinion of this house, the influence of the crown has increased, is increasing. '!.ul ought to be diminished," Dundas, lord-advocate of Scotkrid, }q order to defeat the 'notion, proposed to amend, by insert- ing, after the words, in the opinion of this house, the words, it is now necessary to declare that, etc. But this amend- ment, instead of intimidating the friends of the original motion was at once adopted by them, and the resolution passed as amended. \ i i» i ( 78 PARLIAMENTARY PRACTICE. f' ' 1 I have voted directly upon the motion and rejected it. But they preferred to turn it into a resolution approving of the condnct of ministers on the occasion referred to; and it was accordingly moved to amend, by leaving out the words ** a dangerous misapplication, 7 etc., to the end of tlie motion, and inserting instead thereof the words, ** necessary for putting the said troops in motion, and of great consequence to the common cause." The amendment being adopted, it was resolved (reversing the original proposition) '*That the issuing and paying to the Duke of Aremberg the sum of forty thousand pounds, to put the Austrian troops in motion, in the year 1742, was necessary for putting the said troops in motion, and of great con- sequence to the common cause.^* 132. Proposition May be Defeated by Amendments : How.— It i sa mode of defeating a proposition, somewhat similar to that above mentioned, to carry out or extend the principle of it, by means of amendments, so as to show the inconvenience, absurdity, or danger of its adoption, with such evident clearness, that it becomes impossible for the assembly to agree to it. Thus, a motion having been made in the house of commons. INCONGUOUS MATTERS. 79 *' for copies of all the letters written by the lords of the adminilty to a certain officer in tlie navy/' it was moved toatnend the motion by adding these words; — ** which letters may contain orders, or be relative to orders, not executed, and still subsisting." This amend- ment being adopted, the motion as amended was unanimously rejected. 133. Incongruous Matters May be Added by Amendment. — It will be seen, from the foregoing examples, that as the mover of a proposition is under no restriction as to embracing incongruous matters under the same motion; so, on the other hand, the assembly may engraft upon a motion, by way of amendment, matter which is not only in- congruous with, but entirely opposed to, the motion as originally introduced; and, in legislative assemblies, it is not unusual to amend a bill by striking out all after the en- acting clause, and inserting an entirely new bill; or to amend a resolution by striking out all after the words '* Resolved that/' and inserting a proposition of a wholly different tenor. [1 dU.] |! I ? J ■1 'R ft .1 jj IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I '" IIIM mil 2^ m 12.0 1.8 1-25 1.4 1 i.6 ^ 6" ► V] e /a /a O A o 7 M Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 \ ^^' ■^ iV N> ^9> V ^ a? 6^ <"^^.^^^ %^ '^ 1 6^ 80 PARLIAMENTARY PRACTICE. '■I 'ill I ; I i ' i CHAPTER X. OF THE ORDER AND SUCCES- SION OF QUESTIONS. 134. Exceptions to Rule : That Question Pending Must be Disposed of Before Another Can be Taken Up. — It is a general rule, that, when a propo- sition is regularly before a deliberative as- eembly, for its consideration, no other pro- position or motion can regularly be made or arise, so as to take the place of the former, and be first acted upon, unless it be either, Ju\'if, a privileged question; secondly, a sub- sidiary question;, or, thirdly ^ an incidental question or motion. 135. Three Excepted Motions Take the Place of Main Question.— All these motions take the place of the principal mo- tion, or niain question, as it is usually called, and are to be first put to the question; and, among themselves, also, there are some, which, in like manner, take the place of all PRIVILEGED QUESTIONS. 81 the others. Some of these questions merely supersede the principal question, until they have been decided; and, when decided, whether affirmatively or negatively, leave that question as before. Others of them also supersede the principal question, until they are decided; and, when decided one way dispose of the principal question; but, if decided the other way, leave it as before. SEC. I. PRIVILEGED QUEg.^ TIONS. 136. Privileged Questions: What Are. — There are certain motions or ques- tions, which on account of the superior im- portance attributed to them, either in con- sequence of a vote of the assembly, or in themselves considered, or of the necessity of the proceedings to which they lead, are entitled to take the place of any otiier subject or proposition, which may then be under consideration, and to be first acted upon and decided by the assembly. These are called privileged questions, because they are entitled to precedence over other ques- tions, though they are of different degrees among themselves. Questions of this nature ,;JJ.. M ,1 1 wmmmmm 82 PARLIAMENTARY PRACTICE. are of three kiuds, namely, first, motions to adjourn; secondly, motions or questions relating to the rights and privileges of the assembly, or of its members individually; find, thirdly y motions for the orders of the day. ADJOURNMENT. 137. Motion to Adjourn Has Priority: Why. — A motion to adjourn takes the place of all other questions whatsoever;* for, other- wise, the assembly might be kept sitting against its will, and for an indefinite time; but, in order to entitle this motion to pre- cedence, it must be simple to *^ adjourn,^' without the addition of any particular day or time. And, as the object of this motion, when made in the midst of some other pro- * It is commonly said, that f. motion to adjourn is always in order, but this is not precisely true. The question of ad- journment may, indeed, be moved repeatedly on the same day; yet, in strictness, not without some intermediate ques- tion being proposed, after one motion to adjourn is di>?posed of , and before the next motion is made for adjourning; as, for example, an amendment to a pending question, or for the reading of some paper. The reason of this is, that, until some other proceeding has intervened, the question already decided is the same as that newly moved. [ A motion to adjourn is not in order when a member is speaking, nor during the verification of a vote, nor having been defeated, till other business has intervened.— J. J. I.] I i ADJOURNMENT SINE DIE. 83 ceeding, and with a view to supersede a question already proposed, is simple to break up the sitting, it does not admit of any amendment by the addition of a particular day, or in any other manner; though, if a motion to adjourn is made, when no other business is before the assembly, it may be amended like other questions. [T 325.] 138. Motion to Adjourn : How Put and Effect of. — A motion to adjourn is merely, *^ that this assembly do now adjourn;" and, if it is carried in the affirmative, the assembly is adjourned to the next sitting day; unless it has previously come to a reso- lution, that, oil rising, it will adjourn to a particular day; in which case, it is adjourned to that day. 139. Adjournment Sine Die Equiv- alent to Dissolution. — An adjournment without day, that is, without any time being fixed for reassembling, would, in the case of any other than a legislative assembly, be equivalent to a dissolution.* * It is quite common, when the business of a dehberative as- sembly has been brought to a close, to adjourn the assembly without day. A better form is to dissolve it; as an adjourn- ment without day if we regard the etymology of the word adjourn, is a contradiction in terms. [An adjournment without day, sine die^ would in all cases I e equivalent to dissolution.— J. J. I.] .I.-' Jf f il'. . s. 5/ ' i i r; <) ■ \ 4-l^ii! mm m 84 PARLIAMENTARY PRACTICE. 140. Effect of Adjournment Upon Pending Question. — When a question is interrupted by an adjournment, before any vote or question has been taken upon it, it is thereby removed from before the assembly, and will not stand before it, as a matter of course, at its next meeting, but must be brought forward in the usual way. ! ! I Mi 1 , ' iHi ! i QUESTIONS OF PRIVILEGE. 141. Other Questions of Privilege : What Are. — Tlie questions, next in relative importance, and which supersede all others for the time being, except that of ad jour n- snent, are those wliich concern the rights and privileges of the assembly, or of its in- dividual members; as, for example, when the proceedings of the assembly are disturbed or interrupted, whether by strangers or members; or where a quarrel arises between two members; and, in these cases, the mat- ter of privilege supersedes the question pend- ing at the time, together with all subsidiary ' and incidental ones, and must be first dis- posed of. When settled, the question inter- rupted by it is to be resumed, at the point where it was suspended. i^ ORDERS OF THE DAY. ORDERS OF THE DAY. 85 142. Order of the Day: What— When the consideration of a subject has been as- signed for a particular day, by an order of the assembly, the matter so assigned is called the order of the day for that day. If, in the course of business, as commonly happens in legislative assemblies, there are several sub- jects assigned for the same day, they are called the orders of the day. 143. Order of the Day Takes Pre- cedence When Reached. — A question, which is thus made the subject of an order for its consideration on a particular day, is thereby made a privileged question for that day; the order being a repeal, as to this special case, of the general rule as to busi- ness. If, therefore, any other proposition (with the exception of the two preceding) is moved, or arises, on the day assigned for the consideration of a particular subject, a mo- tion for the order of the day will supersede the question first made, together with all subsidiary and incidental questions connected with it, and must be first put and decided; for if the debate or consideration of that subject were allowed to proceed, it might I; 1 i' i I iA f' 1: ■ i;i :: - !i l! 1*1 i 86 PARLIAMENTARY PRACTICE. continue through the day and thus defeat the order. 144. Orders of the Day : How Con- sidered. — But tills motion, to entitle it to precedence, must be for the orders generally, if there is more than one, and not for any particular one; and, if decided in the affirm- ative, that is, that the assembly will now proceed to the orders of the day, they must then be read and gone through with, in the order in which they stand; priority of order being considered to give priority of right. 145. Motion to Proceed to Consider- ation of Order of the Day : Pri/i^eged When. — If the consideration of a subject is assigned for a particular hour on the day named, a motion to proceed to it is not a privileged motion, until that hour haa ar- rived; but. if no hour is fixed, the order is for the efitire day and every part of it. 146. Orders of the Day : Priority of. — Where there are several orders of the day, and one of them is fixed for a particular hour, if the orders are taken up before that hour, they are to be proceeded with as they stand, until that hour, and then the subject assigned for that hour is the next in order; FAILURE TO DISPOSE OF ORDERS. 87 but, if the orders are taken up at that time or afterward, that particular subject must be considered as the first in order. 147. Pending Question How Affected by Proceeding With Orders of the Day. — If the motion for the orders of the day is decided in the affirmative, the original question is removed from before the assem- bly, in the same manner as if it liad been in- terrupted by an adjournment, and does not staTid before the assembly, as a matter of course, at its next meeting, but must be renewed in the usual way. 148. Negative Decision Upon Motion to Proceed With Orders of the Day : Effect of. — If the motion is decided in the negative, the vote of the assembly is a dis- charge of the orders, so far as they interfere with the consideration of the subject then before it, and entitles that subject to be first disposed of. 149. Failure to Dispose of Orders of the Day on Day Assigned : Conse- quence of. — Orders of the day, unless pro- ceeded in and disposed of on the day as- signed, fall, of course, and must be renewed for some other day. It may be provided, however, by a special rule, as in the legis- ^ I >; !;■ r^Hi mu !li ^ 88 PAKLIAMENTARY PRACTICE. lative assemblies of Massachusetts, that the orders for a particular day shall hold for every succeeding day, until disposed of. SEC. II. INCIDENTAL QUES- TIONS. 150. Incidental Questions Defined. — Incidental questions are such as arise out of other questions, and are consequently to be decided before the questions which give rise to them. Of this nature are, first, questions of order; second, motions for the reading of papers, etc.; third, leave to withdraw a motion; foiirth, suspension of a rule; void, fifth, amendment of an amend- ment. QUESTIONS OF ORDER. 151. Questions of Order : By Whom and How Enforced. — It is the duty of the presiding officer of a deliberative assembly, to enforce the rules and orders of the body over which he presides, in all its proceedings; and this without question, debate, or delay, in all cases, in which the breach of order, or the departure from rule, is manifest. It is also the right of every member, taking notice of the breach of a rule, to QUESTION OF OUDEU. 89 insist upon the enforcement of it in the riiime manner. 152. Question as to Fact of Breach Must First be Determined. — But, though no question can be made, as to the enforce- ment of the rules, when there is a breach or manifest departure from them, bo long as any member insists upon their enforcement; yet questions may and do frequently arise, as to the fact of their being a breach of order, or a violation of the rules in a particular proceeding; and these questions must be decided before a case can arise for the enforcement of the rulei?. Questions of this kind are i^ijnominated questions of order. 153. Preliminary Question Super- sedes Other Action Till Disposed of. — / When any question of this nature arises, in the course of any other proceeding, it neces- sarily supersedes the further consideration of the subject out of which it arises, until that question is disposed of; then the original motion or proceeding revives, and resumes its former position, unless it has been itself disposed of by the question of order. 154. Question of Order: How Raised, Stated and Decided. Anpeal From ! II M 90 PARLIAMENTARY PRACTICE. Decision of Chair: How Conducted.— Wlieii a question of order is raised, as it may bo by any one member, it is not stated from the cluiir, and decided by the assembly, like other questions; but is decided, in the first instance, by the presiding officer, without any previous debate or discussion by the assembly. If the decision of tlie presiding officer is not satisfactory, any one member may object to it, and have the question decided by the assembly. This is called appealing from the decision of the chair. The question is then stated by the presiding officer, on the appeal, namely: shall the de- cision of the chair stand as the decision of the assembly? and it is thereupon debated and decided by the assenbly, in the same manner as any other question; except that the pre- siding officer is allowed to take a part in the debate* which, on ordinary occasions, he is prohibited from doing. [^ 326.] READING PAPERS. 155, Reading of Papers : When Allowed. — It is, for obvious reasons, a general rule, that, where papers are laid be- * It would not be considered appropriate for the presiding officer to participate in the debate.— J. J. I. LEAVE TO READ PAPERS. 91 foro a deliberative assembly, for its action, every member has a right to have them once read at the table, before he can be compelled to vote on them; and, consequently, when the reading of any paper, relative to a ques- tion before the assembly, is called for under this rule, no question need be made as to the reading; the paper is read by the clerk, under the direction of the presiding otlicer, as ii matter of course. 156. Papers Not Within the Rule Can Only be Read on Leave. — But, with the exception of papers coming under this rule, it is not the right of any member to read himgelf, or to have read, any paj)er, book, or document whatever, without the leave of the assembly, upon a motion made and a question put for the purpose. The delay and interruption, which would other- wise ensue from reading every paper that might be called for, show the absolute neces- sity of reotricting the rule within the nar- rowest possible limits, consistently with per- mitting every member to have as much information as possible, on the subjects in reference to which he is about to vote. 157. Leave to Read Papers : Ob- tained How. — Whon, therefore, a member ; i ! :\i If i': Ii n ':'\ 11 ! {)'^ PARLIAMENTARY PRACTICE. desires that any paper^ book, or document, on the table, whether printed or written (except as above mentioned) slionld be read tor his own information, or that of the as- sembly; or desires to read any snch paper, book, or document, in his place, in the course of a debate, or otherwise; or even to read his own speech, which he has prepared beforehand and committed to writing; in all these cases, if any objection is made, he must obtain leave of the assembly, for the reading, by a motion and vote for the purpose. 158. Reading Generally Allowed. — When the reading of a paper is evidently for information, and not for delay, it is the usual practice for the presiding officer to allow of it, unless objection is made, in which case leave must be asked; and this is seldom refused, where there is no intentional or gross abuse of the time and patience of the assembly. 159. Reading Papers in Full Once May be Demanded. — It is not now the practice, as it once was, in legislative assem- blies, to read all papers that are presented, especially when they are referred to commit- tees immediately on their presentation; MOTIOX MAY BE WITHDRAWN. 9:3 il or tnoiigli the riglit of every member to insist upon one reading is still admitted. It would be impossible, with the amount of business done by legislative bodies, at the present day, to devote much of their time to the reading of papers. 160. Motion for Reading of Paper if Resisted Must be First Decided.— When, in the course of a debate or other proceeding, the reading of a paper is called for, and a question is made upon it, this question is incidental to the former, and must be first decided. WITHDRAWAL OF A MOTION. 161. Motion May be Withdrawn: How. — A motion, when regularly made, seconded, and proposed from the chair; is then in the possession of the assembly, and cannot be withdrawn by the mover, or directly disposed of in any manner, but by a vote; hence, if the mover of a question wishes to modify it, or to substitute a dif- ferent one in its place, he must obtair the leave of the assembly for that purpose; which leave can only be had, if objection is made, by a motion and question in the usual mode of proceeding. [% 327.] t 1:- i I ii- n\ 94 PARLIAMENTARY PRACTICE. m a .;!; 162. Decision : Effect of. — If this mo- tion is decided in tlie affirmative, the motion to which it rehites is thereby removed from before the assembly, as if it had never been moved; if in the negative, the business pro- ceeds as before. SUSPENSION OF A RULE. 163. Rules Suspended : How, When, and Purpose of. — When any contemplated motion or proceeding is rendered impracti- cable, by reason of the existence of some special rule by which it is prohibited, it has become an established practice in this coun- try, to suspend or dispense with the rule, for the purpose of admitting the proceeding or motion which is desired. This can only be done by^ a motion and question; and, where this course is taken in order to a motion having reference to a proposition then under consideration, a motion to suspend the rule supersedes the original question for the time being, and is first to be decided. 164. Provision for Suspension of Rules on Occasion: Usual in Codes. — It is usual, in the code of rules adopted by deliberative assemblies, and especially legis- lative bodies, to provide that a certain n*im- SUBSIDIARY MOTIONS. 95 U-i Vi: ber exceeding a majority, as two thirds or three foiirtlis, shall be competent to the sus- pension of a rule in a particular case; where this is not provided, there seems to be no other mode of suspending or dispensing with a rule than by general consent. AMENDMENT OF AMEND- MENTS. 165. Question on Amendment to Amendment Must be First Put.— In treating of amendments, it has already been seen, that it is allowable to amend a pro- posed amendment; and that the question on such sub-amendment must necessarily be put and decided before putting the question on the amendment. The former is incidental to the latter, and supersedes it for the time being. SEC. III. SUBSIDIARY QUES- TIONS. 166. Subsidiary Motions : What Are and Effect of. — Subsidiary, or secondary, questions or motions, as has already been stated, are those which relate to a principal motion, and are made use of to enable the If sii 96 PAKLIAMENTAItY PRACTICE. assembly to dispose of it in the most appro- priate manner. These motions have the effect to supersede, and, in some cases, when decided one way, to dispose of, the principal question. They are also of different degrees among themselves, and, according to their several natures, supersede, and sometimes dispose of, one another. 167. Subsidiary Motions Stated. — Tiie subsidiary motions in common use are the following, namely: — lie on the table, — the previous question, — postponement, either indefinite or to a day certain, — commitment, — and amendment. 168. Subsidiary Motions Can Gener- ally be Applied Only to Main Question: Not to Each Other. — It is a general rule, with certain exceptions which will be im- mediately mentioned, that subsidiary motions cannot be applied to one another; as, for example, suppose a motion to postpone, commit, or amend a principal question, it cannot be moved to suppress the motion to postpone, etc., by putting a previous question on it; or, suppose the previous question is moved, or a commitment, or amendment, of a main question, it cannot be moved to post- pone the previous question, or the motion EXCEPTION'S TO PREVIOUS III LE. 0? for commitment or amendment. The reasons for this rule are: 1. It would be absurd to separate the appendage from its principal; 2. It would be a piling of questions one on another, which, to avoid embarrassment, is not allowed; and, 3. The same result maybe reached more simply by voting against the motion which it is attempted to dis2)ose of by another secondary motion. 169. Exceptions to Previous Rule. — The exceptions to the rale above stated are, that motions to postpone (either to a day certain or indefinitely), to commit, or to amend, a principal question, may be amended for the reason, that " the useful character of amendment gives it a privilege of attaching itself to a secondary and privileged motion;'^ that is, a subsidiary motion to carry out and improve another may be applied to that other, but a subsidiary motion to dispose of or sup- press another is not admissible. Hence, the subsidiary motions above mentioned may be amended. 170. Previous Question Cannot be Amended : Why. — A previous question, however, cannot be amended; the nature of it not admitting of any change. Parlia- l M 98 PARLIAMENTARY PRACTICE. mentary usage* has fixed its form to be, shall the main quesuioa be now put? tliat is, at this instant; and, as the present instant is but one, it cannot admit oi any modification; and to change it to the next day or any other moment is without example or utility. For the same reasons, also, that the form of it is fixed by parliamentary usage, and is already as simple as it can be, a motion to lie on the table cannot be amended. a :l| i LIE ON THE TABLE. 171. Motion to Lay on the Table : Object and Rank of. -This motion is usually resorted to, when the assembly has something else before it, which claims its present attention, and therefore desires to lay aside a proposition for a short but indefinite time, reserving to itself the power to take it up when convenient. This motion takes precedence of and supersedes all the other subsidiary motions. • This is not the present usage. The customary formula is " Shall the previous question be now ordered?" or an equiv- alent expression. If the decision is affirmative, then the pre- siding officer submits the pending questions in their order, without further debate. The previous question remains operative till the main question is reached and disposed of .-~ J. J. I. PREVIOUS QUESTION, 99 172. Affirmative Decision : Effect of. — If decided in the affirmative, the principal motion, togetlier with all the other motions, subsidiary and incidental, connected witli it, is removed from before the assembly, until it is again taken up; which it may be, by motion and vote, at any time, when the assembly pleases. 173. Negative Decision : Effect of. — If decided in the negative, the business ])ro- eeeds in tlie same manner as if the motion liad never been made. m^ ilfc'.it', lains of.— PREVIOUS QUESTION. 174. Previous Question : Relative Standing of. — This motion has already been described (03), and the nature and effect of it fully stated. It stands in an equal degree with all the other subsidiary motions, except the motion to lie on the table; and conse- quently, if first moved, is not subject to be superseded by a motion to postpone, commit, or amend. 175. Previous Question : Effect of.— If the previous question is moved before the others above mentioned, and put to the question, it has the effect to prevent those motions from being made at all; for, if de- ll N lit- I ii 1 : •it 100 PARLIAMENTARY PRACTICE. cided affirmatively, to wit, that the main question shall now be put, it would of course be contrary to the decision of tlie assembly, and therefore against order, to postpone, commit, or amend; and if decided nega- tively, to wit, that the main question shall not now be put, this takes the main ques- tion out of the possession of the assem- bly, for the day, so that there is then nothing before it to postpone, commit, or amend.* POSTPONEMENT. 176. Motion to Postpone : May be Amended How. — The motion to postpone is either indefinite, or to a day certain; and, in both these forms, may be amended; in the former, by making it to a day certain, — in the latter, by substituting one day for an- other. But, in the latter case, propositions ^ to substitute different days for that originally named, bear more resemblance to proposi- tions for filling blanks, than they do to amendments, and should be considered and treated accordingly. * In the house of representatives of Massachusetts, as the effect of a negative decision of the previous question is not to remove the principal question from before the house, that question is still open to postponement, commitment, or amendment, notwithstanding such negative decision. RANK OF THIS MOTION. 101 177. Illustration.— If, therefore, a mo- tion is made for an indefinite postponement, it may be moved to amend the motion, by making it to a day certain. If any otiier day is desired, it may be moved as an amendment to the amendment; or it may be moved as an independent motion, when the amendment has been rejected. 178. Illustration. — If a motion is made for a postponement to a day certain, it may be amended by the substitution of a dif- ferent day; but in this case, a more simple and effectual mode of proceeding is to consider the day as a blank, to be filled in the usual manner, beginning with the longest time. 179. Rank of this Motion.— This mo- tion stands in the same degree with motions for the previous question. — to commit, — and to amend; and, if first made, is not suscep* tible of being superseded by them. 180. Affirmative and Negative De- cisions : Effect of. — If a motion for post- ponement is decided affirmatively, the pro- position to which it is applied is removed from before the assembly, with all its appen- dages and incidents, and consequently there is no srround for either of the other subsid- fc I iU t\^ !f -l: il} ,1 If}' i m 102 PARLIAMENTARY PRACTICE. iary motions; if decided negatively, that the proposition shall not be postponed, that question may then be sui)pre88ed by tlie previous question, or committed, or amended. COMMITMENT. i8i. Motion to Commit : May be Amended How. — A motion to commit, or recommit (which is the term used when the proposition has already been once commit- ted), may be amended, by tlie substitution of one kind of committee for another, or by enhirging or diminishing the number of the members of the committee, as originally proposed, or by instructions to the com- mittee. 182. Rank of Motion. — This motion stands in the same degree with the previous question and postponement — and, if first made, is not superseded by them — but it takes precedence of a motion to amend. 183. Affirmative and Negative Deci- sions : Effect of. — If decided affirmatively, the proposition is removed from before the assembly; and, consequently, there is no ground for the previous question, or for postponement, or amendment; if negatively, MAY liE SUPERSEDED. 103 , that poned, sed bv ed, or ly be til it, or len the 3111 mi t- itution •, or by ' of tlie ginally ^ coin- notion rovious f first t takes Deci- itively, re tiie is no lor for ,tively, to wit, that the principal question shall not bo committed, that question may then be suppressed by the previous question, or post- poned, or amended. AMENDMENT. 184. Motion to Amend May be Amended : Rank of Motion. —A motion to amend, as lias been seen, may be itself amended. It stands in the same degree only with the previous question and indefinite postponement, and neither, if first moved, is superseded by the other. 185. May be Superseded : How and Why. — But this motion is liable to be super- seded by a motion to postpone to a day certain; so that amendment and postpone- ment competing the latter is to be first put. The reason is, that a question for amend- ment is not suppressed by postponing or ad- journing the principal question, but remains before the assembly, whenever the .::ain question is resumed; for otherwise, it might happen, that the occasion for other urgent, business might go by and be lost by length of debate on the amendment, if the assem- bly had no power to postpone the whole . \ 'l\ su bject. li: li 111 i! i 1 ' 104 PARLIAMENTARY PRACTICE. lS6, A motion to amend may also De superseded by a motion to commit; so that the latter, though consequently moved, is to be first put; because, "in truth, it facilitates and befriends the motion to amend. 187. The effect of both a negative and an affirmative decision of amendments has already been considered (94 to 127). ORDER OF BUSINESS DESIRABLE. 106 CHAPTER XL OF THE ORDER OF PROCEED- ING. i88. Order of Priority Without As- signment : Subject to Discretion of Presiding Officer Unless Assembly Decides. — When several subjects are before tlie assembly, tliat is, on their table for con- sideration (for there can be but a single sub- ject under consideration at the same time), and no priority has been given to any one over another, the presiding officer is not* precisely bound to any order, as to what matters shall be first taken up; but is left to his own discretion, unless the assembly on a question Jecide to take up a particular subject. 189. Calendar and Order of Business Desirable : Why. — A settled order of business, however, where the proceedings of an assembly are likely to last a considerable time, and the matters before it are some- / ■ ■ t S' f lOG PARLIAMENTARY rUACTICE. i ■■ M li i what numerous, is useful if not necessary for the government of the presiding officer, and to restrain individual members from calling up favorite measures, or matters under their special charge, out of their just time. It is also desirable, for directing the discretion of the assembly, when a motion is made to take up a particular matter, to the prej- udice of others, which are of right entitled to be first attended to, in the general order of business. 190. Order Established : How.— The order of business may be established in virtue of some general rule, or by special ordeis relating to each particular subject; and must, of course, necessarily depend upon the nature and amount of the matters before the assembly. 191. Natural Order of Consideration : What. — The natural order, in considering and amending any paper, which consists of several distinct propositions, L, to begin at the beginning, and proceed through it by paragiaphs; and this order of proceeding, if strictly adhered to, as it should always be in numerous assemblies, would prevent any amendment in a former part, from being admissible^ after a latter part had been EXCEPTION IN CASE OF PREAMBLE. 107 amended; but this rule does nob seem to be so essential to be observed in smaller bodies, in which it may often be advan- tageous to allow of going from one part to a paper to another, for the purpose of amend- ments. 192. Exception in Case of Preamble. — To this natural order of beginning at the beginning, there is one exeption according to parliamentary usage, where a resohitiou or series of resolutions, or other paper, has a preamble or title; in which case, the pream- ble or title is postponed, until the residue of the paper is gone through with. 193. Proposition Containing Several Paragraphs : How Considered.— In con- sidering a proposition consisting of several paragraphs, the course is, for the whole paper to be read entirely through, in the lirst place, by the clerk; then, a second time, by the presiding officer, by paragraphs; pausing at the end of each, and putting ques- tions for amending, if ameiulments are pro- posed; and, when the whole paper lias been gone through with, in this manner, the pre- siding officer puts the final question on agree- ing to or adopting the whole paper, as amended, or unamended. 108 PARLIAMENTARY PRACTICE. .fvl* ' 194. Reports from Committees : Order of Consideration. — When a paper, which has been referred to a committee, and reported back to the assembly, is taken up for consideration, the amendments only are tirst read, in course, by the clerk. The pre- siding officer then reads the tirst, and puts it to the question, and so on until the whole are adopted or rejected, before any other amendment is admitted, with the exception of an amendment to an amendment. When the amendments reported by the committee have been thus disposed of, the presiding officer pauses, and gives time for amend- ments to be proposed in the assembly to the body of the paper (which he also does, if the paper has been reported without amendments, putting no questions but on amendments proposed); and when through the whole, he puts the question on agreeing to or adopting the paper, as the resolution, order, etc., of the assembly. 195. Final Question : How Stated, and Order Thereon. — The final question is sometimes stated merely on the acceptance of the report, but a better form is on agree- ing with the committee in the resolution, order, or whatever else the conclusion of the REPORTS FROM COMMITTEES. 109 report may be, as amended, or without amend- ment; and the resolution or order is then to be entered in the journal as the resolution, etc., of the assembly, and not as the report of the committee accepted. 196. Reports from Committees : En- tirely New Proposition Treated as an Amendment. — When the paper referred to a committee is reported back, as amended, in a new draft (which may be and often is done, where the amendments are numerous and comparatively unimportant), the new draft is to be considered as an amendment, and is to be first amended, if necessary, and then put to the question as an amend- ment reported by the committee; or, the course may be, first to accept the new draft, as a substitute for the original paper, and then to treat it as such. 197. Simultaneous Pending Ques- tions : Order of Consideration. — It often happens, that, besides a principal question, there are several others connected with it, pending at the same time, which are to be taken in their other; as, for example, sup- pose, /?rs^, a principal motion; second, a mo- tion to amend; third, a motion to commit; fourth, the preceding motions being pending. *■■: I .ft; ', ■:.,' ! fi- 110 PARLIAMENTAKY PRACTICE. r a question of order arises in the debate, which gives occasion, j^ifA, to a question of privilege, and this leads, sixth, to a subsid- iary motion, as, to lie on the table. The regular course of proceeding requires the motion to lie on the table to be first put; if this is negatived, the question of privilege is then settled; after that comes the question of order; then the question of commitment; if that is negatived, the question of amend- ment is taken; and, lastly, the main question. This example will suthciently illustrate the manner in which questions may grow out of one another, and in what order they are to be decided.* 198. No Action Can be Taken Till Question Stated. — When a motion is nuide and seconded, it is the duty of the presiding officer to propose it to the assembly; until this is done, it is not a question before the assembly, to be acted upon or considered in any manner; and consequently it is not then in order for any member to rise either to de- bate it, or to make any motion in relation to it whatever. iiiiii{ * The order of motions, for the disposal of any question, is usually fixed by a special rule in legislative assemblies. See note to paragraph 61. IHP m RIGHT TO FLOOR. Ill 199. Contemporaneous Proposal of Principal and Subsidiary Motions Vicious and Intolerable. — It is tlierefore a most unpcirliiimentary and abusive proceed- ing to allow a principal motion and a sub- sidiary one relating to it to be proposed and stated together, and to be put to the question in their order; as is done, when a member moves a principal question, a resolution, for example, and, at the same time, the previous question, or that the resolution lie on the table. In such a case, the presiding officer should take no notice whatever of the sub- sidiary motion, but should propose the prin- cipal one by itself in the usual manner, be- fore allowing any other to be made. Other members, then, would not be deprived of their rights of debate, etc., in relation in the subject moved. 200. Right to Floor Cannot be Inter- rupted. — When a member has obtained the floor, he cannot be cut off from addressing the assembly, on the question before it; nor, when speaking, can he be interrupted in his speech, by any other member rising and moving an adjournment, or for the orders of the day, or by making any other privileged motion of the same kind; it being a general ; !l !} rf" : t : i -at. it: m I h k 1 i i ■I i 112 PARLIAMENTARY PRACTICE. rule, that a member in possession of the floor, or proceeding with his speech, cannot be taken down or interrupted, but by a call to order; and the question of order being de- cided, he is still to be heard through. A call for an adjournment, or for the orders of the day, or for the question, by gentlemen in their seats, is not a motion; as no motion can be made, without rising and addressing the chair, and being called to by the presid- ing officer. Such calls for the question are themselves breaches of order, which, though the member who has risen may respect them, as an expression of the impatience of the assembly at further debate, do not prevent him from going on if he pleases. [1 328,] PRESIDING OFFICER. 113 CHAPTER XII. OF ORDER IN DEBATE. 201. Forensic and Parliamentary Debate : Difference Between. — Debate ia a deliberative assembly must be distin- guished from forensic debate, or that which takes place before a judicial tribunal; the former being, in theory, at least, more the expression of individual opinions among the members of the same body; the latter more a contest for victory, between the dis- putants, before a distinct and independent body; the former not admitting of replies; the latter regarding reply as the right of one of the parties.* 202. Presiding Officer : Function of. — It is a general rule, in all deliberative assemblies, that the presiding ofiQcer shall * An exception to this rule is sometimes made in favor of the mover of a question, who is allowed, at the close of the debate, to reply to the arguments brought against his mo- tion; but this is a matter of favor and indulgence, and not of right. ■ i ill lii ' ,* ; iiiiyii ' ■1 ;! iP 114 PARLIAMENTARY PRACTICE. not participate in the debate, or other pro- ceediugs, in any other capacity than as such officer. He is only allowed, therefore, to state matters of fact within his knowledge; to inform the assembly on points of order or the course of proceeding, when called upon for that purpose, or when he finds it neces- sary to do so; and, on appeals from his deci- sion on questions of order, to address the assembly in debate. SEC. I. AS TO THE MANNER OF SPEAKING. 203. Recognition : How Obtained. — When a member desires to address the as- sembly, on any subject before it (as well as to make a motion), he is to rise and stand up in his place, uncovered, and to address him- self not to the assembly, or any parLicuhir member, but to the presiding officer, who, on hearing him, calls to him by his name, that the assembly may take notice who it is that speaks, and give their attention accord- ingly. If any question arises, as to who shall be entitled to the floor, where several members rise at or nearly at the same time, it is decided in the manner already de- scribed (46), as to obtaining the floor to make a motion. RECOGmXIOI?^. 115 204. Recognition : Preference in. — It is customary, indeed, for the presiding officer, after a motion has been made, sec- onded, and proposed, to give the floor to tlie mover,* in preference to others, if he rises to speak; or, on resuming a debate, after an adjournment, to give the floor, if he desires it, to the mover of the adjournment, ill preference to other members; or, where two or more members chiim tlie floor, to prefer him wlio is opposed to the measure in ques- tion, but, in all these cases, the determination of the presiding officer may be overruled by the Hssemblv. 205. Floor Cannot be Temporarily Yielded. — It is sometimes thought, that, when a member, in the course of debate, breaks off his speech, and gives up the floor to another for a particular purpose, he is entitled to it again, as of right, when that purpose is accomplished; but, thougli this is generally conceded, yet, when a member gives up the floor for one purpose, he does so for all; and it is not possible for , «t * Sometimes a member, instead of proposing his motion, at first, proceeds with his speech; but, in such a case, he is liable to be taken down to order, unless he states that he intends to conclude with a motion, and informs the assembly what tliat motion is, and then he may be allowed to proceed. I: n i IIG PARLIAMENTARY PRACTICE. the presiding officer to take notice of and enforce agreements of this nature between members.* 206. Mention of Members by Name in Debate Disorderly : Why.— -No person, in speaking, is to mention a member then present by his name; but to describe him by his seat in the assembly, or as the member who spoke last, or last but one, or on the other side of the question, or by some other equivalent expression. The purpose of this rule is to guard as nnicli as possible against the excitement of all personal feeling, either of favor or of hostility, by separating, as it were, the official from the personal character of each member, and having regard to the former only in the debate. 207. Presiding Officer: Authority of in Debate. — If the presiding officer rises up to speak, any other member, who may have risen for the same purpose, ought to sit down, in order that the former may be first heard; but this rule does not authorize the presiding officer to interrupt a member while speak- * This is not the practice in the United States. A member yielding for an interruption is entitled to resume, by genei'al usage, unless the obvious purpose is to encroach upon tlie convenience of the house. — J. J. I. li DEMEAXOll IN DEBATE. 117 ing, or to cut off ono to whom lio has given tho floor; he must wait liko otlier memberi», until such member has done speaking. [t 329.T 208. Demeanor in Debate.— A mem- ber, while speaking, must remain standing in his place, uncovered; and, when he lias finished his speech, he ought to resume his seat; but if unable to stand without pain or inconvenience, in consequence of age, sick- ness, or other infirmity, ho may be indulged to speak sitting, SEC. II. AS TO THE MATTER IN SPEAKING. 209. Debate Must be Germane and Pertinent and Should be Interesting. — Every question, that can be made in a deliberative assembly, is susceptible of being debated,* according to its nature; that is, ^ every member has the right of expressing his opinion upon it. Hence, it is a general rule, and the principal one relating to this matter, that, in debate, those who speak are 'v ; ' ' 1 i t * In legislative bodies, it is usual to provide, that eertaio questions, as, for example, to adjourn, to lie on the table, for the previous question, or, as to the order of business, shall be decided without debate. 118 PAULIAMENTAttY PRACTICE. iii 11] fiil ^ I to confine themselves to the question, and not to speak impertinently, or beside the subject. So long as a member has the floor, and keeps within the rule, he may speak for as long a time as he pleases; though, if an uninteresting speaker trespasses too much upon the time and patience of the assembly, the members seldom fail to show their dis- satisfaction, in some way or other, which in- duces him to bring his remarks to a close. [1 330.] 210. Indecen*- Reflections Disorderly. •^It is also a rult» i.hat no person, in s])eak- ing, is to use indbv^ent language against the proceedings of the assembly, or to reflect upon any of its prior determinations, unless he means to conclude his remarks with a motion to rescind such determination; but while a proposition under consideration is still pending, and not adopted, though it may have been reported by a committee, reflections on it are no reflections on the assembly. The rule applies equally to the proceedings of committees; which are, in- deed, the proceedings of the assembly. 211. Personalities in Debate Dis- orderly. — Another rule in speaking is, that no member is at liberty to digress from the PRESUMPTIONS. 119 matter of the question, to fall upon the person of another, and to speak reviling, nipping, or unmannerly words of or to him. The nature or consequences of a measure may be repro- bated in strong terms; but to arraign tlio motives of those who advocate it, is a person- ality and against order. 212. Presumptions in Favor of Per- tinency and Relevancy.-- It is very often !in extremely difficult and delicate matter to decide whether the remarks of a mem- ijer are pertinent or relevant to the question; but it will, in general, be safe for the presiding officer to consider them so, unless tiiey very clearly reflect, in an improper manner, either upon the person or motives of a member, or upon the proceeding of the assembly; or the member speaking diiijresses from or manifestlv mistakes the question. 213. Subordinate Supersede Main Questions and Must be First Con- sidered. — It often happens in the consider- ation of a subject, that, while the general question remains the same, the particular question before the assembly is constantly changing; thus, while, for example, the general question is on the adoption of a : . i ^ii 120 PARLIAMENTARY PRACTICE. series of resolutions, the particular question may, at one moment, be on an amendment; at another on postponement; and, again, on the previous question. In all these eases, the particular question supersedes, for the time, the main question; and those who speak to it must confine their remarks ac- cordingly. The enforcement of order, in this respect, requires the closest attention on the part of the presiding officer. [•[ 331.] 214. Right to Proceed When Called to Order: How Decided.— When amom- ber is interrupted by the presiding officer, or called to order by a member, for irrelevancy or departing from the question, a question may be made as to whether he shall be allowed to proceed in his remariis, in tiie manner he was speaking when he was in- terrupted; but, if no question is made, or if one is made and decided in the negative, he is still to be allowed to proceed in order, that is, abandoning the objectionable course of remark. i5 I A i SEC. III. AS TO TIMES OF SPEAKING. 215. Generally Member Allowed to Speak but Once to Same Question.— Tlie general rule, in all deliberative assem- lestion iment; lin, on cases, or the e who rks ac- ler, in Aon on 331.] Called a. mcm- icer, or levancy uestion hall be in the svas in- ade, or gative, order, conrse t ^ed to :ion.— assem- i RULE 215. 121 blies, unless it is otherwise specially provided, is, that no member shall speak more than once to the same question;* although the debate on that question may be adjourned iind continued througli several days; and, althougli a member, who desires to speak a second time, has, in the course of the debate, changed his opinion. 2i6. Rule 215 : How Construed. — This rule refers to the same question, tech- nically considered; for, if a resolution is moved and debated, and then referred to a committee, those who speak on the introduc- tion of the motion may speak again on the question presented by the report of the com- mittee, though it is substantially the same question with the former; and, so, members, who have spoken on the principal or main question, may speak again on all the subsid- iary or incidental questions arising in the course of the debate. [^ 332.] 217. Rule 215 : How Construed.— The rule, as to speaking but once on a ques- tion, if strictly enforced, will prevent a member from speaking a second time, with- * The mover and seconder, if they do not speak to the ques- tion, at the time when the motion is made and seconded, have the same right with other members to address the assembly. [Tliis rule is seldom enforced.— J, J. I.] i,.i tl^ 122 PARLIAMENTARY PRACTICE. out the general consent of tlie assembly, so long as there is any other member who himself desires to speak; but, whon all who desire to speak have spoken, a member may speak a second time by leave of the assemblv. 2x8. Rule 215 : How Construed.— A member may also be permitted to speak a second time, in the same debate, in order to clear a matter of fact; or merely to ex- plain himself in some material part of his speech; or to the orders of the assembly, if they be transgressed (although no question may be made), but carefully keeping within that line, and not falling into the matter itself. [1 333.] 219. Interruption in Debate Disor- derly. — It is sometimes supposed, that, because a member has a right to explain himself, he therefore has a right to inter- rupt another member, while speaking, in order to make the explanation: but this is a mistake; he should wait until the member speaking has finished; and if a member, on being requested, yields the floor for an explanation, he relinquishes it alto- gether.* * This is not the usage in the United States.^J. J. I. AS TO STOPPING DEBATE. 123 SEC. IV. AS TO STOPPING DEBATE. 220. Previous Question if Ordered Ends Debate. — The only mode in use, in this country, until recently, for the purpose' of putting an end to an unprofitable or tire-^ some debate, was by moving the previous question; the effect of which motion, as already explained, if decided in the affirma- tive, is to require the main or principal question to be immediately taken.* When this question is moved, therefore, it neces- sarily suspends all further consideration of the main question, and precludes all further debate or amendment of it; though, as has been seen, it stands in the same degree with postponement, amendment, and commit- ment; and, unless in virtue of a special rule, cannot be moved while either of those mo- tions is pending. 221. Assembly May Agree that De- bate Shall End at Specified Time. — The other mode of putting an end to debate, which has recently been introduced into use, is for the assembly to adopt beforehand a special order in reference to a particular subject, that, at such a time specified, all * Not the effect now. See note to sec. 170.— J. ,1. I. ' Ti ;hi I -I! i • 124 PAJILIAMENTARY PRACTICE. I !i! debate upon it sliall cease, and all motions or questions pending in relation to it shall be decided. 222. Limitation of Debate by Limit- ing Time of Speaking. — Another rule, which has lately been introduced for the purpose of shortening rather than stopping debate, is, that no member shali be permitted to speak more than a certain specified time on any question; so that, when the time allotted has expired, the presiding officer an- nounces the fact, and the member speaking resumes his seat. SEC. V. AS TO DECORUM IN DEBATE. 223. Member Speaking Not to Be Disturbed. — Every member having the right to be heard, every other member is bound to conduct himself in such a manner, that this right may be effectual. Hence, it is a rule of order, as well as of decency, that 110 member is to disturb another in his Bpeech by hissing, coughing, spitting; by speaking, or whispering; by passing be- tween the presiding officer and the member speaking; by going across the assembly- room, or walking up and down in it; or u onsor all be ,imit- rule, >r the .pping niited I time time 31' an- »aking [ IN Be the her is nner, ce, it that liis ; by he- rn be r nbly- t; or PKESIDING OFFICER. 125 by any other disorderly deportment, which lends to disturb or disconcert a member who is speaking. 224. Membe^ Not Able to Secure Respectful Attention Had Better Sit Down. — But, if a member speaking finds, that he is not regarded with that respectful attention, which his equal riglit demands, — that it is not the inclination of the assembly to hear him, — and that by conversation or any other noise they endeavor to drown his voice, — it is his most prudent course to submit himself to the pleasure of the as- sembly, and to sit down; for it scarcely ever happens, that the members of an assembly are guilty of this piece of ill manners, without some excuse or provoca- tion, or that they are so wholly inattentive to one, who says anything worth their Hearing. 225. Presiding Officer : Duty of, in Maintaining Order. — It is the duty of the presiding officer, in such a case, to endeavor to reduce the assembly to order and decorum; but, if his repeated calls to order, and his appeals to the good sense and decency of the members, prove ineffectual, it then becomes his duty to call by name any member whoob- i I ,1 hi 115 .in IV} ■ I M 126 PARLIAMENTARY PRACTICE. KHP ! ;! , ,...-. ■ .|. 1 UMm stinately persists in irregularity; whereupon the assembly may require such member to withdraw; who is theu to be heard, if he desires it, in exculpation and to withdraw: then the presiding officer states the offense committed, and the assembly considers of the kind and degree of punishment to be infliered. 226. Presiding Officer May Permit Disorder : When. — If, on repeated trials, the presiding officer finds that the assembly will not support him in the exercise of his authority, he will then be justified, but not till then, in permitting, without censure, every kind of disorder.* SEC. VI. AS TO DISORDERLY WORDS. 227. If a member, in speaking, makes use of language, which is personally offensive to another, or insulting to the assembly, and the member offended, or any other, thinks proper to complain of it to the assembly, the course of proceeding is as follows: [1 334] 228. Offensive Language in Debate : How Treated. — The member speaking is immediately interrupted in the course of his ♦ This is a bad precept.— J. J. I. OFFENSIVE LANGUAGE IN DEBATE. 127 Speech, by another or several members rising and calling to order; and, the member, wlio objects or complains of the words, is tlien called npon by the presiding oflicer to state the words which he complains of, repeating them exactly as he conceives them to have been spoken, in order that they may be reduced to writing by the clerk; or the member complaining, without being so called upon, may proceed at once to state the words either verbally or in writing, and desire that the clerk may take them down at the table. The presiding officer may then direct the clerk to take them down; but if he sees the objection to be a trivial one, and thinks there is no foundation for tiieir being thought disorderly, he will prudently delay giving any such directions, in order not un- necessarily to interrupt the proceedings; though if the members generally seem to be in favor of having the words taken down, by calling out to that effect, or by a vote, which the assembly may doubtless pass, the presid- ing officer should certainly order the clerk to take them down, in the form and manner in which they are stated by the member who objects.* * All this has been changed by the modern practice of steuo- ^rapliic reporting. — J. J. I. 3 i S.i 128 PAllLIAMENTAKY PUACTICE. 229. Offensive Language in Debate if Denied by Member to Be Passed Upon by Assembly, — Tlie words objected to being tlius written down, and forming a part of the minutes in the clerk's book, they are next to be read to the member who was speaking, wlio may deny that those are the words which lie spoke, in which case, the assembly must decide by a question, whethei they are the words or not.* If he does not deny that he spoke those words, or when the assembly has itself determined what the words are, then the member may either justify them, or explain the sense in which he used them, so as to remove the objection of their being disorderly; or he may make an apology for them. 230. Offensive Language : Member May Justify, Explain, or Apologize for: Further Proceedings. — If the justi- fication, or explanation, or apology, of the member, is thought sufficient by the assem- bly, no further proceeding is necessary; the member may resume and go on with his speech, the assembly being presumed, unless some further motion is made, to be satisfied; * The words, as written down, may be amended, so as to conform to what the assembly thinks to be the truth. OFFENSIVE LANGUAGE. 129 but, if any two members (one to make and the other to second the motion) think it necessary to state a question, so as to take the sense of the assembly upon the words, and wliether the member in using them has been guilty of any offense toward thv3 assem- bly, the member must withdraw before that question is stated; and then the sense of the assembly must be taken, and such further proceedings had in relation to puiiisliing the member, as may be thought necessary and proper, 231. Offensive Language Should Be Written Down at Once : Why.— The above is the course of proceeding established by the writers of greatest authority,* and ought invariably to be pursued; it might however be improved, by the member who objects to words writing them down at once, and thereupon moving that they be made a part of the minutes; by which means, the presiding officer would be relieved from the responsibility of determining, in the first in- stance, upon the character of the words. 232. Offensive Language Must Be Noticed at Once. — If offensive words are * Mr. Hatsell, in England, and Mr. JefTerson, fn this country 130 PARLIAMENTARY PRACTICE. not taken notice of at the time they aro spoken,* but the member is allowed to finish his speech, and then any other person speaks, or any other matter of business intervenes, before notice is taken of the words which gave offense, the words are not to be written down, or the member using them censured. This rule is established for tlie common security of all the members; and to prevent the mistakes which must necessarily happen, if words complained of are not immediately reduced to writing. ♦ Mr. Jefferson (§ 17^ lays it down, that "disorderly words are not to be noticed till the member has finished his speech/' But in this, he is contradicted by Hatsell, as well as by the general practice of legislative bodies. FINAL VOTE. 131 CHAPTER Xm. OF THE QUESTION. 233. Motion, Question, Order, etc.: Difference Between. — When any proposi- tion is made to a deliberative assembly, it is called a motion; when it is stated or pro- pounded to the assembly, for their acceptance or rejection, it is denominated a question; and, when adopted, it becomes the ordeff resolution, or vote of the assembly, 234. Proceedings so far Considered: Object of. — All the proceedings, which have thus far been considered, have only had for their object to bring a proposition into a form to be put to the question: that is, to be adopted as the sense, will, or judgment, of the assembly, or to be rejected; according as such proposition maybe found to unite in its favor, or to fail of uniting, a majority of the members. 235. Final Vote: When Taken.— When any proposition, whether principal. 1:1'! !. 1 / ..■\ I . i IP 13:3 PAHLIAME^'TAHY PIUCTICE. ■■V\ subsidiary, or incidental, or of whatever nature it may be, is made, seconded, and stated, if no alteration is proposed, — or if it admits of none, or if it is amended, — and the debate upon it, if any, appears to be brought to a close, the presiding officer tlien inquires, whether the assembly is ready fo 'le ques- tion? and, if no person rises, the i^aestion is then stated, and the votes of the assembly taken upon it. [T 335.] 236. Questions : How Stated.— The question is not always stated to the assembly, in the precise form in which it arises or is introduced; thus, for example, when a mem- ber presents a petition, or the chairman of a committee offers a report, the que? n which arises, if no motion is made, is, .^nall the petition or the report he received? and, so, when the previous question is moved,* it is stated in this form. Shall the main question he 71010 put? — the question being stated, in all cases, in the form in which it will appear on the journal, if it passes in the affirmative. 237. In Absence of Objection Con- sent Assumed Informally : When. — In matters of trifling importance, or which * Shall the previous question be uow ordered.- -J. J. I. FINAL QUESTION. 133 are generally of course, siicli us recoiviug petitions and reports, witlulrawiiig motions,, reading ])aper8, etc., tlie presiding oflicer most cotnnionly supposes or takes for graritcfl the consent of the assetnhly, wliere no ol)jec- tion is expressed, and does not go through the formality of taking tiie question by a vote. [•i 313.] But if, after a vote has beon taken in this informal way and declared, any mem- ber rises to object, the presiding oHUxt fihould consider every thing that has passed as nothing, and, at once, go back and pursue the regular conrse of proceeding. Thus, if a petition is received, without a question, and the clerk in proceeding to read it, in the usual order of business, if any one rises to object, it will be *he safest and most proper course, for tlie prebiding officer to require a ? motion for receiving it to bo regularly made and seconded. ^ 238. Final Question : How Put.— • The question being stated by the presiding officer, he first puts it in the affirmativoj namely: As many as are of opinion that — repeating the words of the question,! — say aye; and, immediately, all the members who t " Those in the affirmative, say aye. '* " Those in the nega*- tive, say no."— J. J. L » :' S 134 PARLIAMENTARY PRACTICE. If -' m are of that opinion answer aye; the presiding officer then puts the question negatively: As many as are of a different opinion, say 7io; and, thereupon, all the members who are of that opinion answer no. The presiding officer judges by his ear wliich side has ^* the more voices,^' and decides accordingly, that the ayes have ity or the iioes have it, as the case may be. If the presiding officer is doubtful as to the majority of voices, he may put the question a second time, and if he is still unable to decide, or, if, having decided according to his judgment, any member rises and declares, that he believes the ayes or the noes (whichever it may be) have it, contrary to the declaration of the presiding officer,* then the presiding officer directs the assembly to divide, in order that the mem- bers on the one side and the other may be counted. 239. Division : When to Be De- manded. — If, however, any new motion should be made, after the presiding officer's declaration, or, if a member, who was not in the assetnbly-room when the question was taken, should come in, it will then be too ♦The most common expression is: " I doubt the vote," or, •' th it vote is doubted." DIVISION BY COUNT. 135 38iding )ly: As my no; are of 3siding the C( y, that as the icer is he may if he is lecided 1 em her be ayes lave it, siding cts the m. em- nay be De- notion Lcer's Inot in In was Ibe too )te," or, late to contradict the presiding officer, and have the assembly divided. 240. Vote : By Showing of Hands. — Tlie above is the parliamentary form of taking a question, and is in general use in this country; but, in some of our legislative assemblies, and especially in those of the New England states, the suffrages are given by the members holding up their right hands, first, those in the affirmative, and then those in the negative, of the question. If the presiding officer cannot determine, by the show of hands, which side has the ma- jority, he may call upon the members to vote again, and if he is still in doubt, or if his dec- laration is questioned, a division takes place. When the question is taken in this man?ier, the presiding officer directs the members, first on the affirmative side, and then on tlie negative, to manifest their opinion by hold- ing up the right hand. 241. Division by Count.— When a di- vision of the assembly takes place, tlie pre- siding officer sometimes directs the members to range themselves on different sides of the assembly-room, and either counts them him- self, or they are counted by tellers appointed by him for the purpose, or by monitors per- ■•• 1 3 I ■I-' I .': 1 l ^l < si fj ! 11 136 PARLIAMENTARY PRACTICE. manently appointed for that and other piir- poses; or the members rise in their seats, first on the affirmative and then on the nega- tive, and (standing uncovered) are counted in the same manner. When the members are counted by the presiding officer, he announces the numbers and dechires the result. When they are counted by tellers or monitors, the tellers must first agree among themselves, and then the one who has told for the majority reports the numbers to the presiding officer who, thereupon, declares the result. 242. Division : By Tellers the Best Method. — The best mode of dividing an assembly, that, is at all numerous, is for the presiding officer to appoint tellers for each division or section of the assemblv-room, and then to require the members, first those in the affirmative, and then those in the negative, to rise, stand uncovered, and be counted; this being done, on each side, the tellers of the several divisions make their returns, and the presiding officer declares the result. 243. Presiding Officer : Right of to Vote in Case of Tie. — If the members are equally divided, the presiding officer may, if J •. VOTE BY YEAS AND NAYS. 137 li<^ pleases, give the casting vote;* or, if he chooses, he may refrain from voting, in which case, the motion does not prevail, and the decision is in the negative. 244. Member Not in Room When Question Stated Cannot Vote.— It is a general rule, that every member, who is in the assembly-room, at the time when the question is stated, has not only the right but is bound to vote; and, on the other hand, that no member can vote who was not in the loom at that time. 245. Vote by Yeas and Nays : How Taken. — The only other form of taking the question, which requires to be described, is one in general use in this country, by means of which the names of the members voting on the one side and on the other are ascer- tained and entered in the journal of the assembly. This mode, which is peculiar to tlie legislative bodies of the United States, is called taking the question by yeas and nays. In order to take a question in this manner, it is stated on both sides at once, namely: As many as are of opinion, that, etc., will, lolien their names are called, answer yes; and. As ma7iy as are of a differ e?it opinion will, i . i( * [See n 886, for Explanation of 5 243.] 138 PARLIAMENTARY PRACTICE. 1 1 1 m j fl 11^1 1 1 J 1'^ 1 fUl 1 *^ a^^B ' It ! ■ 1 11 a III when their names are called, answer no; the roll of the assembly is then called over by the clerk, and each member, as his name is called, rises in his place, and answers yes or no, and the clerk notes the answer as the roll is called. When the roll has been gone through, the clerk reads over first the names of those who have answered in the affirm- ative, and then the names of those who have answered in the negative, in order that if he has made any mistake in noting the answer, or if any member has made a mistake in his answer, the mistake of either may be cor- rected. The names having been thus read over, and the mistakes, if any, corrected, the clerk counts the numbers on each side, and reports them to the presiding officer, who declares the result to the assembly. 246. Vote by Yeas and Nays : How Taken in Massachusetts. — The following is the mode practiced in the house of represen- tatives of Massachusetts (which is by far the most numerous of all the legislative bodies in this country), of taking a question by veas and navs. The names of the members being printed on a sheet, the clerk calls them in their order; and, as each one answers, the clerk (responding to the member^ at the same RIGHT OF DEBATE CONTINUES. 139 the jr by ne is es or the gone ames iirm- have if he swer, 11 his cor- 5 read 1, the , and who How )wing •esen- r the odies n by bers them the same time) places a figure in pencil, expressing the number of the answer, at the left or right of the name, according as the answer is yes or no; so that the last figure or number, on each side, shows the number of the answers on that side; and the two last numbers or figures represent the respective numbers of the affirmatives and negatives on the division. Thus, at the left hand of the name of the member who first answers yes, the clerk places a figure 1; at the right hand of the first member who answers no, he also places a figure 1; the second member that answers yes is marked 2; and so on to the end of the list; the side of the name, on which the figure is placed, denoting whether the an- swer is yes or no, and the figure denoting the number of the answer on that side. The affirmatives and negatives are then read separately, if necessary, though this is usually omitted, and the clerk is then prepared, by means of the last figure on each side, to give the numbers to the speaker to be announced to the house. The names and answers are afterward recorded on the journal. 247. Right of Debate Continues Till Question Has Been Put on Both Sides. — In any of the modes of taking a \ ■! f f i t ■ :} I M i 140 PARLIAMENTARY PRACTICE. ^H i ■ « ■ it 1 l 1 i 1 r ^^iuestion, in which it is first put on one side, and then on the other, it is no full question, until the negative as well as the affirmative has been put. Consequently, until the nega- tive has been put, it is in order for any mem- ber, in the same manner as if the division had not commenced, to rise and speak, make motions for amendment, or otherwise, and thus renew the debate; and, this, whether such member was in the assembly-room or not, when the question was put and partly taken. In such a case, the question must be put over again on the affirmative, as well as the negative side; for the reason, that mem- bers who were not in the assembly-room, when the question was first put, may have since come in, and also that some of those who voted may have since changed their minds. When a question is taken by yeas and nays, and the negative as well as the affirmative of the question is stated, and the voting on each side begins and proceeds, at the same time, the question cannot be opened and the debate renewed after the voting has commenced. 248. Questions Arising During Divi- yjsion to Be Decided Summarily. — If any question arises, in a point of order, as, NO DECISION. 141 for example, as to the right or the duty of a member to vote, during a division, the pre- siding officer must decide it peremptorily, subject to the revision and correction of the assembly, after the division is over. In a ease of this kind, there can be no debate, though the presiding officer may if he pleases receive the assistance of members with their advice, which they are to give sitting, in order to avoid even the appearance of a debate; but this can only be with the leave of the presiding officer, as otherwise the division might be prolonged to an inconvenient length; nor can any question be taken, for otherwise there might be division upon division with- out end. 249. No Decision* Unless Quorum Present. — When, from counting the as- sembly on a division, it appears that there is not a quorum present, there is no deci- sion; but the matter in question continues in the same state in which it was before the division; and, when afterward resumed, whether on the same or on some future day, it must be taken up at that precise point. *■: -' t pi f i i 1:1 V ::i t 'i:BI 142 PARLIAMENTARY PRACTICE. CHAPTER XIV. OF RECONSIDERATION. 250. Generally Decision Final.— Ifc is a principle of parliamentary law, upon which many of the rules and proceedings previously stated are founded, that when a question has been once put to a deliberative assembly, and decided, whether in the affirmative or negative, that decision is the judgment of the assembly, and cannot be again brought into question. 251. Alternative and Equivalent Questions : Decision Final. — This prin- ciple holds equally, although the question proposed is not the identical question which has already been decided, but only its equiv- alent; as, for example, where the negative of one question amounts to the affirmative of the other, and leaves no other alternative, these questions are the equivalents of one another, and a decision of th'^ one necessarily concludes the other. :iiv of s| ,)f pe; 'i-' RECONSIDERATION. 143 r. —It is which piously lestioii iiiibly, ive or of the It into alent nriii- stioii vhich quiv- ive of ve of itive, ■ one ;arily 252. Illustration. — A common applica- tion of the rule as to equivalent questions occurs in the case of an amendment proposed by striking out words; in which it is the invariable practice to consider the negative of striking out as equivalent to the atfirmative of agreeing; so that to put a question on agreeing, after a question on striking out is negatived, would be, in elfect, to put the siunie question twice over. 253. Same Questions May Be Re- peated at Different Parliamentary Stages. — Tiie principle above stated does not apply so as to prevent putting the same question in the different stages of any pro- ceeding, as, for example, in legislative bodies, the different stages of a bill; so, in consider- ing reports of committees, questions already taken and decided, before the subject was referred, may be again proposed; and, in like manner, orders of the assembly, and instruc- tions or references to committees, may be discharged or rescinded. 254. Reconsideration : Reason for. — The inconvenience of this rule, which is still maintained in all its strictness in the British parliament (though divers expedients are there resorted to, to counteract or evade ), , -, !■ '. tail ii m 144 I'AJMJAMENTAKY PKAOTlCE. it), has led to the introduction into the parlia- mentary practice of this country of the mo- tion for rccontiideration; which, while it recognizes and uplioUls tlie rule in ail its an- cient strictness, yet aHows a deliberative assembly, for sufficient reasons, to relieve itself from tlie embarrassment and incon- venience, which would occasionally result from a strict enforcement of the rule in a particular case. 255. Reconsideration : The Common Practice. — It has now come to be a com- mon practice in all our deliberative assem- blies, and may consequently be considered as a principle of the common parliamentary law of this country, to reconsider a vote already passed, whether affirmatively or negatively. 256. Reconsideration : Form and Re- sults of. — For this purpose, a motion is made and. seconded, in the usual manner, that such a vote be reconsidered; and, if this motion prevails, the matter stands before the assem- bly in precisely the same state and condi- tion, and the same questions are to be put in relation to it, as if the vote reconsidered had never been passed. Thus, if an amend- ment by inserting words is moved and re- RKCONSIDEUATION. 145 3 pari la- the ino- 'liile it 1 its an- jenitive relieve incoii- ' result lie in a unmon a com- ! asse ru- le red as lentary a vote ely or idRe- smade at such notion assem- condi- put in idered mend- nd re- jected, the same aniendmout cannot bo moved again; but, the assembly may recon- sider the vote by which it was rejected, and then the question will recur on the amend- ment, precisely as if the former vote had never been passed . 257. Reconsideration : When to Be Moved. — It is usual in legislative bodies, to regulate by a special rule the time, manner, and by whom, a motion to reconsider may be made; thus, for example, that it shall be made only on the same or a succeeding day, — by a member who voted with the majority, — or at a time when there are as many mem- bers present as there were when the vote was passed; but, where there is no special rule on the subject, a motion to reconsider must be considered in the same light as any other motion, and as subject to no other rules. [1 337.] ; '1 •■|1 Pf N» 146 PARLIAMENTARY PRACTICE. !; ', 1 1 i i|: j -^^^B' i- '' '■■ CHAPTER XV. OF COMMITTEES. SEC. I. THEIR NATURE AND FUNCTIONS. 258. Committees : How Composed and Appointed. — It is usual in all deliber- ative assemblies, to take the preliminary (sometimes, also, the intermediate) measures, and to prepare matters to be acted upon, in the assembly, by means of committees, composed either of members specially selected for the particular occasion, or up- pointed beforehand for all matters of the same nature. 259. Committees : How Designated. - — Committees of the first kind are usually called select, the others standing, thonjrh the former appellation belongs ' al pro priety to both, in orde \g\ h them from another form of coi. fnitt< j, constituted either for a particular oc asion, or for all cases of a certain kind, which is cor COMMITTEES. 147 : AND imposed I deliber- eliminarv measures, ed upon, n mi t tees, specially 1, or up- rs of the [gnated. •e usuallv lonjrh the il pro ,ti them ustituted or for is cor })08ed of all the members of the assembly, and therefore denominated a com?>u7/t'e of the whole, 260. Committees : Advantages of.— The advantages of proceeding in this mode are manifold. It enables a deliberative assem- bly to do many things, which, from its num- bers, it would otherwise be unable to do; — to accomplish a much greater quantity of busi- ness, by dividing it among the members, tluin could possibly be accomplished, if the whole body were obliged to devote itself to each particular subject; — and to act in the pre- liminary and preparatory steps, with a greater degree of freedom, than is compatible with the forms of proceeding usually observed in full assembly. 261. Committees : Why Appointed. — ('ommittees are appointed to consider a particular subject, either at large or under special instructions; to obtain information in reference to a matter before the assembly, cither by personal inquiry and inspection, or by the examination of witnesses; and to digest and put into the proper form, for the adoption of the assembly, all resolutions, votes, orders, and other papers, with which they may be charged. Committees are 148 PARLIAMENTARY PRACTICE. \ pill commonly said to bcthe ^' eyes and ears' of the assembly; it ifequally true, that, for certain purposes, thejFare also its *'head and hands/^ 262. Committees : Functions of.— The powers and functions of committees depend cliiefly upon the general authority and par- ticular instructions given them by the as- sembly, at the time of their appointment, but they may also be, and very often are, further instructed, while they are in the exercise of their functions; and, sometimes, it even happens, that these additional in- structions wholly change the nature of a committee, by charging it with inquiries quite different from those for which it was originally established. SEC. 11. THEIR APPOINTMENT. 263. Committees, Standing and Se- lect : Mode of Selection.— In the man- ner of appointing committees, there is no difference between standing and other select committees, as to the mode of selecting the members to compose them; and, in reference to committees of the whole, as there is no selection of members, they are appointed simply by the order of the assembly. commit: ^es. 149 d ears*' lat, for 3a(i and f.— The depend nd par- the as- itment, en are, ill the etJmes, nal in- e of 51 quiries 1 it was ENT. d Se- e man- is no ' select ing tlie fere nee e is no )ointe(] 264. Appointment of Committees : Order in. — In the appointment of select committees, the first thing to be done is to fix upon the number. This is usually effected in the same manner that blanks are filled, namely, by members proposing, without the formality of a motion, such numbers as they please, which are then separately put to the question, beginning with the largest and going regularly through to the smallest, until the assembly comes to a vote. 265. Committees : Membership of : How Selected. — The number being settled, there are three modes of selecting the members, Lo wit, by the appointment of the presiding officer, — by ballot, — and by nomination and vote of the assembly; the first, sometimes in virtue of a standing rule, sometimes in pursuance of a vote of the assembly in a particular case; the second always in pursuance of a vote; the last is the usual course where no vote is taken. 266. Committees : Usually Named by Presiding Officer. — In deliberative assem- blies, whose sittings are of considerable length, as legislative bodies, it is usual to i ■ iSl ■i . I 150 PARLIAMENTARY" PRACTICE. provide by a standing rule, that, unless otherwise ordered in a particular case, all committees shall be named by the presiding officer. Where this is the case, whenever a committee is ordered, and the number settled, the presiding officer at once names tlie members to compose it. Sometimes, also, the rule fixes the number, of which, unless otherwise ordered, committees shall consist. This mode of appointing a com- mittee is frequently resorted to, where there is no rule on the subject, 267. Selection by Ballot : Order in.— AVhen a committee is ordered to be appointed by ballot, the members are chosen by the assembly, either singly or all together, as may be ordered, in the same manner that other elections are made; and, in such elections, as in other cases of the election of the officers of the assembly, a majority of all the votes given in is necessary to u choice. 268. Selection of Committees by Vote : Order in. — When a committee is directed to be appointed by nomination and vote, the names of the members proposed are pat to the question singly, and approved or rejected by the assembly, by a vote taken COMMITTEES MAY BE REVIVEIX 151 unless ase, all •esiding inever a number } names letimes, which, }S shall a corn- re there tr in.— pointed I by the ther, as ler that n such election lajority ry to a es by ittee is ion and roposed 3proved 3 taken in the usual manner. If the nomination is directed to be made by the presiding officer, he may propose the names in the same man- ner, or all at once; the former mode being the most direct and simple; the latter enabling the assembly to vote more understandingly upon the several names proposed. When the nomination is directed to be made at large, the presiding oflicer calls upon the as- sembly to nominate, and names being men- tioned accordingly, he puts to vote the first name he hears. 269. Committees May Be Revived : When. — It is also a compendious mode of appointing a committee, to revive one which has already discharged itself by a report; or by charging a committee appointed for one purpose with some additional duty, of the same or a different character. 270. Bill Should Be Referred to Friendly Committee : Why. — In regard to the appointment of committees, so far as the selection of the members is concerned, it is a general rule in legishitive bodies, when a bill is to be referred, that none who speak directly against the body of it are to be of the committee, for the reason, that he who would totally destroy will not amend; but. 152 PARLIAMENTARY PRACTICE. that, for the opposite reason, those who only take exceptions to some particulars in the bill are to be of the committee. This rule sup- poses the purpose of the commitment to be, not the consideration of the general merits of the bill, but the amendment of it in its particular provisions, so as to make it accept- able to the assembly. 271. Majoiity Should Be Favorable to Measure. — This rule, of course, is only for the guidance of the presiding officer, and the members, in the exercise of their dis- cretion; as the assembly may refuse to Ex- cuse from serving, or may itself appoint, on a committee, persons who are opposed to the subject referred. It is customary, however, in all deliberative assemblies, to constitute a committee of such persons (the mover and seconder of a measure being of course appointed), a majority of whom, at least, are favorably inclined to the measure pro- posed. 272. Committees : How Notified of Appointment and Reference. — When a committee has been appointed, in reference CO a particular subject, it is the duty of the secretary of the assembly to make out a list of the members, together with a certified CO wl to CO an TIME AND PLACE OF MEETING. 153 copy of the authority or instructions under which they are to act, and to give the papers to the member first named on the list of the committee, if convenient, but, otlierwise, to any other member of the committee. SEC. III. THEIR ORGANIZA- TION AND MANNER OF PROCEEDING. 273. Person First Named Usually Chairman : But by Courtesy, Not by Right. — The person first named on a com- mittee acts as its chairman, or presiding officer, so far as relates to the preliminary steps to be taken, and is usually permitted to do so, through the whole proceedings; but this is a matter of courtesy; every committee having aright to elect its own chairman, who presides over it, and makes the report of its proceedings to the assembly. 274. Time and Place of Meeting: How Fixed. — A committee is properly to receive directions from the assembly, as to the time and place of its meeting, and can- not regularly sit at any other time or place; and it may be ordered to sit immediately, while the assembly is sitting, and make its report forthwith. !.. II . m I i 'il ; 11; I SB H 154 PARLIAMENTARY PRACTICE. 275. Committee Cannot Sit When Body is in Session Without Leave.— When no directions are given, a committee may select its own time and place of meeting; but, without a special order to that effect, it is not at liberty to sit while the assembly sits; and, if a committee is sitting, when the assembly comes to order after an adjourn- ment, it is the duty of the chairman to rise, instantly, on being certified of it, and, with the other members, to attend the service of the assembly. 276. Committee : Proceedings. — lu regard to its forms of proceeding, a commit- tee is essentially a miniature assembly; — it can only act when regularly assembled together, as a committee, and not by separate consultation and consent of the members; nothing being the agreement or report of 11 committee, but what is agreed to in that manner; — a vote taken in committee is as binding as a vote of the assembly; — a majority of the members is necessary to con- stitute a quorum for business, unless a larger or smaller number has been fixed by the as- sembly itself, — and a committee has full power over whatever may be committed to it. DISORDER IN COMMITTEE. 155 Vhen ive.— - mittee jeting; :ect, it lembly en the joaru- rise, , with irice of — In mmit- Iv;— it mblecl parate nbers; rt of 11 I that is us ly;— a con- larger he as- full 1 to it, except ,that it is not at liberty to change the title or subject.* 277. Power of Committee as to Time and Place of Meeting. — A committee, which is under no directions as to the time and place of meeting, may meet when and where it pleases, and adjourn itself from day to day, or otherwise, until it has gone through with the business committed to it; but, if it is ordered to meet at a particular time, and it fails of doing so, for any cause, the com- mittee is closed, and cannot act without being newly directed to sit. 278. Disorder in Committee : How Treated. — Disorderly words spoken in a committee must be written down in the same manner as in the assembly; but the commit- tee, as such, can do nothing more than report them to the assembly for its animadversion; neither can a committee punish disorderly conduct of any other kind, but must report it to the assembly, 279. Proceedings in Committee. — When any paper is before a committee, whether select or of the whole, it may either have originated with the committee, or have been referred to them; and, in either case, *[*! 338.] Il ii ' i t ■ i n if m 156 PAULIAMEXTAllY PKACTICE. when the paper comes to be considered, tlie course is for it to be first read entirely through, by the clerk of the committee, if there is one, otlierwise by the chairman; and then to be read through again by paragraphs, by the chairman, pausing at the end of each paragraph, and putting questions for amend- ing, either by striking out or inserting, if proposed. This is the natural order of pro- ceeding in considering and amending any paper, and is to be strictly adhered to in the assembly; but the same strictness does not seem necessary in a committee. 280. Original Paper in Committee : How Treated. — If the paper before a com- mittee is one which has originated with the committee, questions are put on amend- ments proposed, but not on agreeing to the several paragraphs of which it is composed, separately, as they are gone through with; this being reserved for the close, when a question is to be put on the whole, for agreeing to the paper, as amended, or un- amended. 281. Referred Papers : How Treated. — If the paper be one, which has been referred to the committee, they proceed as in the other case to put questions of amendment, if IIEFKRUEI) PAPERS. 15? )(\, tlie ntirelv ft/ ttee, if n; and ;raplis, f eucli amend- ing, if 3f pro- ig auy in the es not ittee : a, com- th the niend- to the losed , with; when le, for )r ini- ated. ferred n the 3nt, if proposed, hut no final question on the whole; because all parts of the paper, having been pasvsed upon if not adopted by the assembly as the basis of its action, stand, of course, unless altered or struck out by a vote of the assembly. And even if the committee are opposed to the whole paper, and are of opinion, that it cannot be made good by amendments, they have no authority to reject it; they must report it back to the assembly, without an^endments (specially stating their objections, if they think proper), and there make their opposition as individual members.* 282. Original Paper : How to Be Reported. — In the case of a paper originat- ing with a committee, they may erase or in- terline it as much as they please; though, when finally agreed to, it ought to be reported in a clear draft, fairly written, without erasure or interlineation. 283. Referred Papers : How to Be Treated. — But, in the case of a paper referred to a committee, they are not at liberty to erase, interline, blot, disfigure, or ♦ This rule is not applicable, of course, to those cases in nhioh the subject, as well as the form or details of a paper, is referred to vhe committee. ■:i 1 t j I w 'fi pi li i I : m sm^. wm'i i'ffil ii- 1 m.. I r.i 158 PARLIAMENTARY PRACTICE. tear it, in any manner; but they must, in a separate paper, set down the amendments they have agreed to report, stating the words which are to be inserted or omitted, and the places where the amendments are to be made, by references to the paragraph or section, line, and word. 284. Amendments in Committee : How Reported. — If the amendments agreed to are very numerous and minute, the committee may report them altogether, in the form of a new and amended draft. 285. Subject Concluded in Commit- tee: How Treated. — Wlien a committee has gone through the paper, or agreed upon a report on the subject, wliich has been referred to tliem, it is then moved by some member, and thereupon voted, that the committee rise, and that the chairman, or some other member, make their report t^ the assembly. SEC. IV. THEIR REPORT. 286. Reports of Committees : How Treated in House. — When the report of a committee is to be made, the chairman, or member appointed to make the report, standing in his place, informs the assembly. AMENDMENTS. 151) jfc, in a Iments words 1(1 till) rnacJe, Jction, Ittee : ineiits to, the er, iu imit- nittee greed b has noved y that •man, ort tr r. How t of a tn, or >port, nbly. that the committeo, to whom was referred such a subject or paper, have, according to order, had the same under consideration, and have directed him to make a report thereon, or to report the same with sundry amend- ments, or without amendment as the case may be, wliich he is ready to do when tlie assembly shall please; and he or any other member may then move that the report be now received. On this motion being :iiade, the question is put whether the assembly will receive the report at that time; and a vote passes, accordingly, either to receive it then, or fixing upon some future time for its recep- tion. [1 339.] 287. Reports of Committees : Order in. — At the time, when, by the order of the assembly, the report is to be received, the chairman reads it in his place, and then de- livers it, together with all the papers con- nected with it, to the clerk at the table; where it is again read, and then lies on the table, until the time assigned, or until it suits the convenience of the assembly, to take it up for consideration. 288. Amendments : How Reported. — If the report of the committee is of a paper with amendments, the chairman u i(;o PA ULl AMENTA UY PRACTICE. ■V, '. at vM reads tlie amend inents with the coherence in the paper, vvliatever it may be, and opens the alterations, and the reasons of the committee for the amendments, until he has gono througli the wliole; and, when the report is read at the clerk's table, the amendments only are read without the coherence, 289. Report Generally Received as of Course, Without Motion. — h\ practice, however, the formality of a motion and vote on the reception of a report is usually dis- pensed with; though, if any objection is made, or if the presiding officer sees any in- formality in the report, he should decline receiving it without a motion and vote; and a report, if of any considerable length, is seldom read, either by the chairman in his place, or by the clerk at the table, until it is taken up for consideration. In legis- lative assemblies, the printing of reports generally renders the reading of them un- necessary. 290. Committee Having Reported is Functus Officio, But May be Revived or Ordered to Sit Again.— The report of a committee being made and received, the committee is dissolved, and can act no more REPORTS OF COMMITTEES. If)! I ! without a new power; but their authority may be revived by a vote, ami the sumo mat- ter recommitted to them. If a report, when offered to the assembly, is uot received, the committee is not thereby discharged, but may be ordered to sit again, and a time a!id phice appointed accordingly. 291. Report May Be Recommitted : Invalid Unless Agreed to. — When a subject or paper has been once committed, and a report made upon it, it may be recom- mitted either to the same or a dilTerent com- mittee; and if a report is recommitted, before it has been agreed to by the assembly, what has heretofore passed in the committee is of no validity; the whole question being again before the committee, as if nothing had passed there in relation to it. 292. Reports of Committees : Forms of. — The report of a committee may be made in three different forms, namely: first, it may contain merely a statement of facts, reasoning, or opinion, in relation to the sub- ject of it, witiiout any specific conclusion; or, second, a statement of facts, reasoning, or opinion, concluding with a resolution, or series of resolutions, or some other specific proposition; or, third, it may consist merely m ri * 162 PARLIAMENTARY PRACTICE. kiiii. * • I 1 '•'ii ; I : m US' i W r of such resolutions, or propositions, without any introductory part. 293. Reports of Committees : Ques- tion on Receiving and Effect of. — The first question, on a report, is, in strictness, on receiving it; though, in practice, the ques- tion is seldom or never made; the consent of the assembly, especially in respect to the report of a committee of the whole, being generally presumed, unless objection is made. When a report is received, v/hether by general consent, or upon a question and vote, the committee is discharged, and the report become^ the basis of the future proceedings of the assembly, on the subject to which it relates . 294. Reports of Committees : Treat- ed Like Other Questions.-~At the time assigned for the consideration of a report, it may be treated and disposed of precisely like any other proposition (59 to 77); and may be amended, in the same manner (78 to 133), both in the preliminary statement, reasoning, or opinion, if it contain any, and in the resolutions, or other propositions with wliijh it concludes; so if it consist merely of a statement, etc., without resolutions or KEPORT. 163 without Ques- .— The ctness, e qnes- seiit of to the , being made, er by ] vote, report edings liich it reat- e time •eport, 3cisely ); and r (78 ment, % and 3 with nerely [)ns or of resolutions, etc., without any introductory part. 295. Report : Final Question on. Adoption : Effect of. — The final question on a report, whatever form it may iiave, is usually stated on its acceptance; and, when accepted, the whole report is adopted by the assembly, and becomes the statement, reason- ing, opinion, resolution, or other act, as the case may be, of the assembly; the doings of a committee, when agreed to, adopted, or accepted, becoming the acts of the assembly, in the same manner as if done originally by the assembly itself without the intervention of a committee. 296. Report : Proper Question on Agreement or Acceptance. — It would be better, however, and in stricter accordance with parliamentary rules, to state the final question on a report, according to the form oMt. If the report contain merely a state- ment of facts, reasoning, or opinion, the question should be on acceptance; if it also conclude with resolutions, or other specific propositions, of any kind, — the introductory part being consequently merged in the con- clusion, — the question should be on agree- ing to the resolutions, or on adopting the 1^' I * I, .'h i . J t. mi V i > « "T {.l 4 *- ,1. ^-9 * 1 ?! ' ^; '■ ^^ ' .■ i.M{, 104 PAilLlAMENTAKY PEACTICE. order, or other proposition, or on passing or coming to the vote, recommended by the committee; and the same should be the form of the question, when the report consists merely of resolutions, etc., without any in- troductory part. SEC. V. COMMITTEE OF THE WHOLE. 297. Committee of the Whole : How Formed. — When a subject has been ordered to be referred to a committee of the whole, the form of going from tiie assembly into committee, is, for the presiding olHuor, at the time appointed for the committee to "it, on motion made and seconded for the pur- pose, to put the question that the assembly do now resolve itself into a committee of the whole, to take under consideration such a matter, naming it. If this question is deter- mined in the affirmative, the result is declared by the presiding officer, who, naming some member ^0 act as chairman of the committee, then leaves the chair, and takes a seat else- where, like any other member; and the person appointed chairman seats himself (not in the chair of the assembly but) at the clerk's table. ch gei th( m] a «s QUORUM IN. 165 jIso- 298. Chairman of Committee of the Whole Usually Named by Presiding Officer: But May be Elected.— The cliairniaii named by the presiding officer is generally acquiesced in by the committee; though, like all other committees, a com- mittee of the whole have a riglit to elect a chairman for themselves, some member, by general consent, putting the question. 15 340.] 299. Quorum in. — The same number of members is necessary to constitute a quorum yjt SL committee of the whole, as of the as- sembly; and if the members present fall be- low a quorum, at any time, in the course of the proceedings, the chairman, on a motion and question, rises, — the presiding officer thereupon resumes the chair, — and the chair- man informs the assembly (he can make no otijer report) of the cause of the dissolution of the committee. 300. Presiding Officer Should be Present. — When the assembly is in commit- tee of the whole, it is the duty of the presid- ing officer to remain in the assembly-room, in order to be at hand to resume the chair, in case the committee should be broken up I : *■ m ill f'.l 1^ , (In »^: < Mi ' ; 4 9 166 PARLIAMENTARY PRACTICE. by some disorder, or for wiint of a quorum, or should rise, either to report progress, or to make their final report upon a matter com- mitted to them. 301. Duty of Clerk.— The clerk of the assembly does not act as clerk of the com- mittee (this is the duty of the assistant clerk in legislative bodies), or record in his journal any of the proceedings or votes of the com- mittee, but only tlien report as made to the assembly. 302. Proceedings : Points of Differ- ence in. — The proceedings in a committee of the whole, though, in general, similar to those in the assembly itself, and in other commit- tees, are yet different in some rospects, the principal of which are the following: — 303. Previous Question Not in Order. — First. Tlie previous question cannot be moved in a committee of the whole. The only means of avoiding an improper discus- sion is, to move that the committee rise; and, if it is apprehended, that the same discussion will be attempted on returning again into committee, the assembly can discharge the committee, and proceed itself with the business, keeping down any im- CANNOT ADJOURN. 167 orum, 3, or to • com- of the 3 com- t clerk ournal B com- to the )iffer- ttee of 3 those >mmit- ts, the )rder. lot be The iiscus- rise; same lining y can itself y im- proper discussion by means of the previous question.* 304. Cannot Adjourn. — Second. A com- mittee of the whole cannot adjourn, like other committees, to some other time or place, for the purpose of going on with and completing the consideration of the subject referred to them; but, if their business is unfinished, at the usual time for tlie assem- bly to adjourn, or, for any other reason, they wish to proceed no finther at a particular time, the form of proceeding is, for some member to move that the committee rise, — report progress, — and ask leave to sit again; and, if this motion prevails, the chairman rises, — the presiding officer resumes the chair of the assembly, — and the chairman of the committee informs him that the com- mittee of the whole have, according to order, had i.nder their consideration such a matter, and have made some progress therein;! but, not having had time to go through with the same, have directed him to ask leave for the * If the object be to stop debate, that can only be effected, in the same manner, unless there is a special rule, as to the time of speaking, or to takinn^ a subject out of committee. tif it is a second time, the expression is, "some further progress," etc. 168 PARLIAMENTARY PRACTICE. h I' It : ^ committee to sit again. The presiding officer thereupon puts a question on giving the committee leave to sit again, and also on the time when the assembly will again resolve itself into a committee. If leave to sit again is not granted, the committee is of courso dissolved. 305. Unlimited Debate. — Third. In a committee of the whole, every member may speak as often as he pleases, provided he can obtain the floor; whereas, in the assem- bly itself, no member can speak more than once. 306. Cannot Refer Matters to Other Committees. — Fourth. A committee of the whole cannot refer any matter to another committee; but other committees may and do frequently exercise their functions, and expedite their business, by means of sub- committees of their own members. 307. Presiding Officer May Debate. — Fifth, In a committee of the whole, the presiding officer of the assembly has a right to take a part in the debate and pro- ceedings, in the same manner as any other member. 308. Cannot Punish for Disorderly Conduct. — Sixth, A committee of the w ail w] oil bl 1) col se th COMMITTEE RISES. 169 esiding giving also on resolv(^ t a.gain courst' In a er may ied he assem- •e tliaii Other of the nother ly and s, and t* sub- bate. e, tlie las a d pro- other derly f the whole^ like a select committee, has no authority to punish a breach of order, whether of a member, or stranger; but can only rise and report the matter to the assem- bly, who may proceed to punish the offender. Disorderly words must be written down in (?ommittee, in the sam*^ manner as in the as- sembly, and reported to the assembly for their animadversion. 309. Second to Motion Not Neces- sary. — The foregoing are the principal points of difference between proceedings in the as- sembly and in committees of the whole; ia most other respects they are precisely similar. It is sometimes said, that in a committee of the whole, it is not necessary that a motion should be seconded.* There is no founda- tion, however, either in reason or parliamen- tary usage, for this opinion. 310. Committee Rises : When and How, and Action Thereon. — When a committee of the whole have gone through with the matter referred to them, a member moves that the committee rise, and that the chairman (or some other member) report their proceedings to the assembly; which ♦Not necessary anywhere.— J. J. I. ■«>«i4j 170 PAIILIAMENTAKY I'UACTICE. ! i i . ! I \' ?, being reBolved, the cbairmau rises and goes to his place, — the presiding officer resumes the chair of the assembly, — and the chair- man informs him, that the committee have gone through with the business referred to them, arul that lie is ready to make their report, wiien tlie assembly shall think proper to receive it. Tiie time for receiving the report is then agreed i4)on; and, at the time appointed, it is matle and received in the same manner as that of any other committee. (28G). 311. Time of Report Usually Fixed : But Not Uniformly. — It someumes hap- pens, that tiie formality of a motion and question as to the time of receiving a report is dispensed with. If the assembly are ready to receive it, at the time, they cry out, *' now, now,^^ whereupon the chairman proceeds; if not then ready, some other time is mentioned, as '* to-morrow, '^ or '' Monday,'^ and that time is fixed by general consent. But, when it is not the general sense of the assembly to receive the report at the time, it is better to agree upon and fix the time by a motion and question. :i- 1' PRESIDING OFFICER. 171 nd goes resumes cluiir- ee have •efoired a» their proper ng the le time in the niittee. 'ixed : s Juip- >u and repoi't } ready '^ now, 3ds; if ioned, 1 that when bly to iter to n and CONCLUDING REMARKS. 312. In bringing this treatise to a close, it will not be deemed out of place, to make a suggestion or two for the benefit of those persons, who may be called upon to act as presiding officers, for the first time. 313. Presiding Officer : Should be Constantly Attentive : Why' — One of the most essential parts of the duty of a presiding officer is, to give the closest attention to the proceedings of the assem- bly, and, especially, to what is said by every member who speaks. Without the first, confusion will be almost certain to occur; wasting the time, perliaps disturbing the harmony, of the assembly. The latter is. not merely a decent manifestation of respect for those who have elevated him to an honor- able station; but it tends greatly to en- courage timid or diffident members, and to secure them a patient and attentive hearing; if; 1 J.* f% I rrz PAHLIAMENTAKY PRACTICE. \M m and it often enables the presiding oflicer, by a timely interference, to check offensive language, in season to prevent scenes of tumult and disorder, such as have sometimes disgraced our legislative halls. 314. Presiding Officer : Should In- sist Upon Observance of Rules.— it should be constantly kept in ijiind by a pre- siding oflicer, that, in a deliberative assem- bly, there can regularly be but one thing done or doing, at the same time. This caution he will find particularly useful to him, when- ever a quarrel arises between two members, in consequence of words spoken in debate. In such a case he will do well to require that the regular course of proceeding shall be strictly pursued; and will take care to restrain members from interfering in any other manner. In general, the solenmity and deliberation, witli which this mode is attended, will do much to allay heat and ex- citement, and to restore harmony and order to the assembly. 3i5» Object , of Rules.— A presiding officer will often find himself embarrassed, by the di(!iculty, as well as the delicacy, of deciding points of order, or giving directions U3 to the manner of proceeding. In such ca th ro A sl TO KXI OBJECT OF RULES. 173 ccr, bv Fensivo 108 of e tunes 1 In- JS.~Jt ii [)re- asseni- thing liutiou wlien- nbers, 3 bate. 3quire : shall ire to I any nnity ►tie is d ex- order oases, it will be useful for him to recollect, that, — The rniEAT purpose of all rules and FORMS, IS to SUHSERVE THE WILL OF THE assembly rather thaxV TO RKSTiiAiisr it; TO FACILPrATE, A.VI) NOT TO OBSTRUCT, THE KXPRESSION OF THEIR DELIBERATE SENSE. '< ' iding rssed, ;v, of tions such i ', ff AWfltt^'^^var^^ i4. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 1-15 2.8 hit, ^^ ■^ IM r. m M 1 2.0 1.8 U IIIIII.6 v] c? -^ //. ^ (f; '3 '%' o ^r n% ■'■>-. / ^S 4i Photographic Sciences Corporation iv s V Ll>^ \ \ % V o^ %•- % 1? 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 <^ % ^J o^ ;;■■( i 174 PARLIAMENTARY PRACTICE. ADDITIONS AND CORRECTIONS. §21. GENERAL CONSENT. [The sign §, at the head of a note, reiers to the paragraph in the body of the work to which the note belongs.] 316. General Consent : Meaning of. — Tlie termSj ''geueral consent,'' as used in parliamentary practice, denote the unani- mous opinion of the assembly, when their opinion is expressed informally, and not by means of a vote. Whenever, therefore, it is said, that the general consent of the assem- bly is necessary to the adoption of any measure, it is to be understood, that if the question is proposed informally, no objection must be made to it, or that if proposed in a formal manner, the vote in its favor must be unanimous. § 51. READING PETITION. 317. Petitions: Must Be Read.—When a petition has been received, the next step ! MOTIONS. 175 in the proceedings is the reading of it by the clerk, for the information of the assembly; which, though in the usual course of business, and not likely to be objected to, after the peti- tion has been received, is nevertheless the subject of a motion and question, to be regularly submitted to the assembly and voted upon; and, until a petition has been read, no order can properly be made respecting it, not even for its lying on the table.* § 55. SECONDARY MOTION. 318. Motions : When Need Not be Seconded. — An exception to the general rule, requiring motions to be seconded, occurs, when it is proposed to proceed with, or to execute, or to enforce, an order of the assembly; as, for example, when it is moved to proceed with an order of the day, or when a member suggests or calls for the enforce- ment of some order relating to the observ- ance of decorum, or the regularity of pro- ceeding. Thus, in the English house of commons, a single member may require the ) - ! ' * Petitions are no longer read . They are received, referred, or otherwise disposed of, and noted in the journal by general order.— J. J, I. Ji aid ■|' .ii 4i 176 PARLIAMENTARY PRACTICE. I? - , Ai 'it * M ll ^ enforcement of the standing order for the exclusion of strangers; and, so, when tlie second or other reading of a bill is made the order for a particular day, a motion, on that day, to read the bill according to the order, need not be seconded. 5 56. BEFORE STATEMENT OF MOTION FROM THE CHAIR. 319. Debate : When in Order.— The principle stated in this paragraph, must not be understood to preclude all proceeding with, or allusion to, a motion, until it has been stated from the chair. On the con- trary, after a motion has been made, or made and seconded, but not yet proposed as a question, it is competent for the mover to withdraw or modify it, either of himself, or fon the suggeation of some other member, 01 of the presiding officer, and without anv motion or vote for the purpose. The rule only requires, that, until a motion is regu- larly seconded and stated, it should not be spoken to as a question for the decision of the assembly, or be made the subject of any motion or proceeding as such. While, there- fore, the presiding officer should permit members to make remarks or suggestions. MOTIOX TO LAY OX TAHLK. 1 n>*^ I ^ t r for tlie 'hen tlie made the , on that he order, i^OTION jr.— The mist not )ceeiliMg il it has the Con- or made ed as a iiover to "jself, or nber, oi- )ut anv -'lie rule is regu- not be ision of i of anv , there- permit istions^ for the purposes alluded to, with reference to motions not yet stated, he should be careful to check and prevent all observations which may tend to excite debate; it being a general rule, that no debate can be allowed to take place on any subject, unless there is a ques- tion pending at the time. § 71. LIE ON THE TABLE. 320. Motion to Lay on Table : May Be Limited. Proper Order in.— When any motion or proposition, report, resolution, or other matter, has been ordered to lie on the table, it is not in strictness allowable to make any further order, with reference to the same subject, on the same day. The order may, however, be limited to a specific time; as, for example, until some other topic or subject is disposed of. The proper motion, for proceeding with a matter which has been ordered to lie on the table, is, tliat the assembly do now proceed to consider that matter or subject. The motion sometimes made, is, that the subject be taken up, or taken up for con- sideration. § 75. AUTHORITY OF COMMITTEE. 321. Power of Committee Strictly 1 ' 178 PAULIAMEXTARY PRACTICE. iii Limited. — The authority of a committee, in reference to the subject matter referred to its consideration, as well as to the time and manner of its proceeding, depends wholly upon, and is derived from, the order by which the committee is instituted. It can only consider the matter referred to it; and, consequently, is not at liberty, like the assembly itself, to change the subject under consideration by means of an amendment. Tliis rule is equally applicable to committees of the whole. t i: % 92, 93. MODIFICATION OR AMEND- MENT OF A MOTION BY THE MOVER. 322. Power of Mover of an Amend- ment to Amend. — Before a motion has been stated, the mover, as already remarked (note to § 66), may modify or withdraw it at his pleasure; after it has been stated, he can only withdraw or modify it by general con- sent; he may, however, like any other mem- ber, move to amend. The acceptance by the mover, of an amendment moved or suggested by some other member, stands upon the same ground. MOTION TO STRIKE OUT. 179 mmittee, referred the time depends he order I ted. it red to it; like the ct under ndment. nmittees lEND- ^mend- ion has ^marked 'aw it at he can al con- r niem- e by the ggested on the § 112, 122. AMENDMENTS BY STRIKING OUT. 323. Motion to strike Out : How Stated : Effect of Vote. Motion to Strike Out and Insert Necessarily Divided. — When the parliamentary form of putting the question, on a motion to strike or leave out words, is adopted, the question is first stated, that the words pro- posed to be struck out stand as part of the motion. If this question passes in the Megative, a question i,- then to be stated on inserting the words proposed, which may be amended like any other motion to insert or add words. If the question on the standing of tiie words passes in the affirmative, the residue of the motion to strike out and insert falls without a question. According to the parliamentary form, therefore, a motion to strike out and insert is necessarily divided.* The remark of Mr. Jefferson, quoted in the note to § 122, that ** the question, if desired, is then to be divided," etc., may be ex- plained by supposing, that when a motion was nade to strike out and ii«sert, which was not objected to, the question was pro- posed in the terms of the motion; but, tliat, ♦According to modern practice it is indivisible.— J. J. I. :, ii I-:: I n: 180 PARLIAMENTARY PRi^CTICE. 1 ilk ■n ,'{ n if objected to, it was then to be put, of course, in the parliamentary form. In the house of delegates of Virginia, of which Mr. Jefferson had been a member, the parliamentary form of stating the question was in use. § 128 to 133. AMENDMENT CHANGING THE NATURE OF A QUESTION. 324. Amendment to Be Germane : Rule in Massachusetts. — In some legis- lative assemblies, the house of representatives of Massachusetts, for example, it is provided by a special rule, that no motion or proposi- tion, relative to a different subject from the one under consideration, shall be admitted under color of an amendment. When a rule of this nature is in force, the assemblv, bv proceeding to consider a given subject, places 'tself in the situation of a committee, to whom that subject is referred. § 137. MOTION TO ADJOURN. 325. Why Motion to Adjourn Not Amendable. — The reason, why a motion to adjourn, moved for the purpose of super- seding or suppressitig a pending question. is not susceptible of amendment, is, that if ai 8i| b( Ik 111 QUESTIONS OF OKDER. 181 1 put, of >rm. In 3f whicli ber, the question NGING [ON. Tmane : me legis- entatives provided proposi- rom the dmitted 311 a rule iibly, by )t, places to whom n Not otion to snper- uestioii. , that if amended, it would at once become inadmis- sible, in point of order, on the ground of its being introductory to a second question, having no privilege to take tlie place of a question already pending and entitled to be first disposed of. § 143. ORDER OF THE DAY, See note to § 55. § 154. QUESTIONS OF ORDER.. 326. Questions of Order : Powers and Duties of Presiding Officer in England and United States. — In the British parlia- ment, the presiding officers do not appear t( consider it their duty to decide points of order, unless appealed to by the house for that pur- pose; which, in the commons, is usually effect- ed by a general cry of chair from the members; and, it is extremely rare, that an opinion,. ^ given in answer to such a call, is not sub- mitted to by the house. If not satisfactory y. the point of order may be separated from the main question, by a motion and question for the purpose, on whicli the presiding officer's decision may be overruled; or, with- out any distinct question being made, the house may proceed to pass upon the point of ! « !.;f;? 182 PAKLIAMKNTAUY PKACTIOE. fit ! I u L order, as involved in the main questicn,, and, in deciding the latter, may go contrary to the opinion of tlie presiding officer, upon the matter of order. In the legishitive as- semblies of this country, it is generally, if not universally, provided by a special rule, that every question of order shall, in the first instance, be decided by the presiding officer, Bubject to an appeal to the assembly itself. 8nch, also, appears to be the usage of delib- erative assemblies, not legislative in their character. And, it is on these gronnds of rule and usage, that the doctrine laid down in this paragraph is founded. The statement, that questions of order are to be decided, in the first instance, by the presiding officer, without any previous debate, or discussion by the assembly, must not be understood to mean, that the presid- ing officer is precluded from allowing mem- bers to express their opinions upon the point of order, before himself deciding it; but, merely, that the matter is not then to be de- bated and discussed, as a question to be decided by the assembly. The presiding officer, before expressing his own opinion, may, if he pleases, take the opinions of other members. It is manifest, however, that when CALLS TO ORDER. 183 he is ready to give his own opinion, he may proceed at once, and cannot be precluded from doing so by any other member claiming a right to be first heard. § loi. WITHDRAWAL OF A MOTION. 327. Motion stated Can Only be Withdrawn by General Consent or Leave. — A motion, v/hen made, seconded, and stated, cannot be withdrawn without the general consent, or, if put formally to the question, the unanimous vote of the assembly. § 108. See note to g 36. § 200. INTERRUPTION OF A MEMBER SPEAKING BY A CALL TO ORDER. 328. Calls to Order : Duties of Pre- siding Officer in. — The rule stated in this paragraph, that a member speaking cannot rightfully be interrupted in his speech, but by a call to order, does not make it the duty of the presiding officer to refuse to hear a member, who rises and addresses the chair while another is speaking; for, if this were the case, the presiding officer could very rarely know whether there might not be 184 PAKLIAMKNTAKY PRACTICE. i 1: Iv occasion for tlie iiitcrniption; and would thus be in danger of keeping the asseinbl}^ in ignorance of matters, which it might be of the highest concern for them to know. AVhen, therefore, a member rises while another is speaking, anil addresses the chair, he shouUl inform tlie presiding oflicer that he rises to a point of order, or to the orders of the assembly, or to a matter of privilege. It will then be the duty of the presiding officer to direct the member speaking to suspend his remarks, or to resume his seat, and the member rising to proceed with the statement of his point or other matter of order, or of privilege. If the latter, on proceeding, discloses matter which shov;s that the interruption was proper, the subject so introduced must first be disposed of; and then the member who was interrupted, is to be directed to proceed with his speech. Jf it appears that there was no sufficient ground for the interruption, the member rising is to be directed to resume his seat, and the mem- ber interrupted to proceed with his speech. Every member, therefore, possessing tire right to interrupt another in his speech, on a proper occasion, any wanton abuse of this Hglit, for the purpose of personal annoyance, CALLS TO () IIP Kit. 185 I would ssemblj liglit be ► know. while e chair, cer til at B orders •ivilege. •esidiiig dug to lis seat, ^itli tlje itter of ter, on shows subject f; and J, is to Jh. Jf ground g is to i mem- peech. ? tire 1, on a f this yance, is liable to censure and punishment; it being itself a breach of order unnecessarily and wantonly to call or interrupt another mem- ber to order. In reference to the occasions, on which the interruption of a member speaking is allowed, it is to bo observed, that they are not restricted, as the language of § 200 might seem to imply, to breaches of order in debate, on the part of the member speaking. Any matter of privilege, affecting the assembly itself, or any of its members, of which the assembly ought to'have instant information, furnishes such an occasion; as, for example, where access to the place of sitting of the assembly is obstructed, or the person of a member is attacked; or where something connected with the proceeding of the assem- bly requires instant attention, as wliere it becomes necessary to have lights; or where something occurs relative to the member himself who is speaking, as where he is an- noyed and disturbed by noise and disorder, or where, in consequence of his strength failing him, it becomes necessary that he should finish his speech sitting. ■■■IHHIIIi 186 PARLIAMENTARY PRACTICE. El $ I r? 1 ; g207. PRECEDENCE IN SPEAKING OF THE PRESIDING OFFICER. 329. Presiding Officer : May Inter- rupt Member When.— The rule stated iu this paragraph does not, of course, preclude the presiding officer from interrupting a member while speaking, whenever a proper occasion occurs for such an interruption; as, for example, when the member himself is guilty of a breach of order. § 209, QUESTIONS NOT DEBATABLE. 330. In Absence of Special Rule All Questions May Be Debated.— In the legislative assemblies of tliis country, it is usual to provide by a special rule, that cer- tain questions shall be decided without debate. Among these, the most common is the motion to adjourn. In the absence, however, of a special rule, restricting the right of debate in reference to some par- ticular subject, every question, with the exception perhaps of those which require unanimity, that may be moved, may be debated. In both houses of parliament, important debates have frequently taken place on motions, as, for example, to adjourn, which, in the legislative assemblies of this SPEAKING BUT ONCE. 187 (jouiitry, would not generally be considered debatable. ?^ 213. SEVERAL QUESTIONS INVOLVED IN THE SAME DEBATE. 331. Debate May Embrace Several Questions : When. — It sometimes hap- pens, tluit a question under debate becomes enlarged rather than narrowed, by the intro- duction of a subsidiary motion; as, for ox- ample, when an amendment is moved, which involves in itself the merits of the original proposition, in which case, the debate may embrace both. §2i6. SPEAKING BUT ONCE TO THE SAME QUESTION. 332. Construction of Rule Concern- ing Right to Speak But Once.— TIjo rule, stated in this and the preceding para- graphs, refers solely to the question techni- cally considered, and is wholly irrespective of the subject matter. No member can speak more than once to the same question; but he may speak to the same subject, as often as it is presented in the form of a dilferent question. i 1i I ■I! ..1 i ■l\ 188 •■!■ i c I PAULIAMEXTARY PRACTICE, § 2l8. 333. Definition of Ambiguous Ex- pression. — The expression in this parti- gruph, '* to clear a matter of fact/' denotes merely a statement, by a member who has aheady spoken, of facts which he considers it important for the assembly to be possessed of, before coming to a vote upon the question pending. g 227. DISORDERLY WORDS. 334. Disorderly Words Not Confined to Debate. — The oifense of disorderly words may be committed, not only by language used in the course of debate, but also by words used in making a motion, or report. g 235. STATEMENT OF MOTION. 335. Motion Not Always Formally Stated. — Strictly speaking, no question can arise in a deliberative assembly, without ^ motion being first made and seconded; though, sometimes, for the dispatch of busi- ness, the presiding officer takes it for granted that a proper and usual motion is made (when in Tact it is not), and proposes a ques- tion accordingly. RIGHT AND DUTY. 189 s Ex- is para- denotes who lias oiisiders ossessed luestioii 3. mfined iorderl}^ aly by ite, but ^ioii, or mally on can hout 9: 3nded; f busi- ranted made , ques- §243. RIGHT AND DUTY OF PRESIDING OFFICER AS TO VOTING. 336. Right and Duty of Presiding Officer to Vote : English Practice. — Tiie principle asserted in this paragraph was laid down on the authority of the French translation of a little work of the late Sir Samuel Romilly (never published in English), on parliamentary practice, in which it is stated, that the speaker of the houso of commons has his el ^tion to vote or not, when the house is equally divided. It appears quite certain, however, from an examination of the published debates and proceedings of the house of commons, that the speaker has no such election; and, con- sequently, either that the autiior was himscif mistaken, or, which is more probtJ)le, that the translator mistook his author. Taking the practice of the house of commons as tlie best evidence of the general parliameiitary law, — and this seems to be indisputable, — the rule laid down in § 243 should be modilied accordingly, and thus stated, namely: '* If the members are equally divided it then becomes the duty of the presiding officer to give the casting vote; in doing which, he may, if he pleases, give his reasons. 99 i . j i l:i ^ ■rM i' ij M * ■fe I iff -} t' 190 PARLIAMENTARY PRACTICE. ill § 250 to 257. RECONSIDERATION. 337. Reconsideration : Of American Origin. — Proceedings, aualagous in prin- ciple to the motion for reconsideration, ap- pear occasionally, though very rarely, to have been admitted in the British parlia- ment; but, it is believed, the motion to re- consider, as in use in this country, is of American origin. The motion is, in form, that such a vote be reconsidered; in sub- stance, that the subject of that vote be again considered, upon the original motion, as if that motion had never been considered and passed upon. On the motion to reconsider, the whole subject is as much open for debate as if it had not been discussed at all; and if the motion prevail, the subject is again open for debate on the original motion, in the same manner as if tliat motion had never been put to the question. g 276. QUORUM OF COMMITTEE. 338. Quorum of Committee : In Case of Doubt Should Be Fixed by Order of Body. — The statement, contained in this paragraph, that a majority of the members of a committee is sufficient to constitute a quorum for proceeding with business, unless do REPOET OF COMMITTEE. 191 ON. lerican n prill- ion, aj)- •ely, to parlia- i to re- '9 is of 1 form, n sub- 3 again I, as if Bcl an(] isider, lebate and if I open n the never Case er of this ibers nte a niess the number should be otherwise fixed by the assembly itself, was made upon the supposi- tion, that, in this country, the rule had been so settled by usage. It should also have been stated, at the same time, as the parlia- mentary rule, that the presence of every member is essential, and tliat of a majority is not sufficient, to constitute a committee. In all places, therefore, where there is any doubt as to the existence of the usage, it will be proper that tlje number of the quorum should be fixed by the assembly itself, either by a general rule, or by the order for the iippointment of the committee. g 286. REPORT OF COMMITTEE. 339. Committee : Report of Minority of. — In this and the succeeding paragraphs, relating to the report of a committee, no notice is taken of what is commonly known in this country as a mmority report; in reference to which, it being now a proceed- ing of frequent occurrence, though not strictly parliamentary, some explanation deems necessary and proper. The report of a committee being the con- clusion which is agreed to by a majority of the members, the dissenting or not-agreeiiig If 'T 102 PAKLIAMENTARY PIIACTICE. members, according to strict parliamentary practice, would have no other mode of bring- ing their views before the assembly, than as individual members. Inasmuch, however, as such members may be supposed to have given the subject equal consideration with the other members of the committee, and may, therefore, be in possession of views and opinions equally worthy of the attention oi' the assembly, the practice has become general in the legislative assemblies of this country, to allow members in the minority to present their "lews and conclusions in the parlia- mentary form of a report, which is accord- ingly known by the somewhat incongruous appellation of a minority report. Any twr* or more of the members may unite in such a report, or each one of them may express his views in a separate document. A minority report is not recognized as a report of the committee, or acted upon as such; it is received by courtesy, and allowed to accompany the report, as representing the opinions of the minority; and, in order, to its being adopted by the assembly, it must be moved as an amendment to the report, when that comes to be considered . CHAIRMAN OF COMMITTHK. 193 amentftry of bring- , tluiu us liowever, to have ion with tee, and iews and 3ntion ol* e general country^ present ) parlia- accord- ngruous iny two 1 such a ress his sed as a ipon as il lowed ing the rder, to nust be , when ^297. CHAIRMAN OF COMMITTEE OF THE WHOLE. 340. Chairman of Committee of the Whole : Rule and Practice Concern- ing. — The naming of the chairman of a committee of the wliole, by the presiding officer, which is supposed to be the usual j)ractice in the legishitive asscmbhes of this country, ordinarily takes place in virtue of a special rule. Where this is the case, the member so named becomes the chairman of tlie committee. ]kit, where there is no such rule, some member is called upon by one or more of the members of the committee to take the chair; and, if no objection is made, or no other member called to the chair, the member so designated becomes the chairman. If objection is made, or any other member is called to the chair, the chairman must be regularly chosen. But, in order to do this, the presiding officer should resume the chair, and the choice be made by the assembly, acting as such, and not in committee. The statement in § 298, that, where a chairman is to be appointed by vote, the question is to be put by some member in the com- mittee, though laid down by Mr. Jefferson, on the authority of an old writer on par- ■' 194 PARLIAMENTARY PRACTICE. liameutary proceedings, is not sanctioned by Hatsell, or borne out by the modern practice in the British parliament, in both houses of which the practice as above stated prevails. i E. anctioned B modern t, in both ove stated INDEX. ♦*♦ The figures refer to the numbers of the paragraphs. Acceptance by the maker of a motion, of an amendment, 92, 93. Addition of propositions, how affected, 88. Adjournment, without day, equivalent to a dis- solution, 139. effect of, on business under consideration, 140. motion for, takes precedence of all other motions, 137. when it mav be amended, 137* form of, 138, 200. Amendment, purposes of motions for, 60, 78. order of proceeding in, 95, 191. acceptance of by mover of proposition, 92, 93. of amendment by striking out and inserting, 107, 108. of an amendment, to be put before the original amendment, 110. of an amendment to an amendment, not allowed, 96. object of such motion, how attained, 96, 97. cannot be made to what has been agreed to on a question, 98, 99, 100, 101. inconsistency of, with one already adopted, 102. may show the absurdity of the original object of the proposition, 132. or may change the object, 128, 129, 133. or may defeat the object, 130, 131. n 1 1 I i '' ' ri 1 19G INDEX. ■M Amendment, by addition, 88. by separation, SlK by transposition, 90. by striking out, 94, 103 to 112. by inserting or adding, 94, 113 to 121. by striking out and inserting, 94, 122 to 127. Motion for, by striking out and inserting, 108. 104, 111, 122. may l)e divided, 122. may be amended, 120. manner of stating question on, 112, 121, 127. precedence of question on, 123. to strike out, decided in the negative, equiva- lent to tbe afiirmative of agreeing, 98, 100, 252. if passed, may not be renewed, 103 to 106, 113 to 116, 119, 124. 125. stands in the same degree \vith tbe previous question, and indefinite ])ostponement, 184. superseded by a motion to postpone to a day certain, or to commit, 185. may be amended, 96, 107, 117, 126, 184. effect of vote on, 94 to 127, 187. to be put before tbe original motion, 110, 120. Apology, 42. Assembly, Deliberative, purposes of, bow effected, 1. bow organized, 2, 3. judgment of, bow expressed. 13. Assembling, time of, to be fixed beforehand, 23. place of, in possession of assembly, 9. Authentication of acts, etc., of a deliberative as- sembly, 27, 32. Blanks, filling of, 84. with times or numbers, rule for, 85, 86, 87. See Precedence. Chairman, preliminary election of, 3. See Presiding Officer. Clerk, 5. See Recording Officer, INDKX. lo: IS ol27. ling, 103. on, 112, 1, equiva- , 98, 100, 'd. 103 to 125. previous lent, 184. to a day 0, 120. of, liow d, 23. .9. -ative as- 5, 86, 87. roMMiTTERS. objects and advantages of, 258, 260, 261. who to compose, 258, 270. usually those favorable to the proposed measure, 271. mode of appointment of, 263, 207, 268, 269. when by the presiding officer, under a standing rule, 266. how notified of their appointment, 32, 272. when and where to sit, 274, 275, 277. select, 259. how appointed, 264 to 269. standing, 259. what to be referred to, 74. instructions to, 75. 76, 77, 262. list of, etc., given by the clerk to the member first appointed, 272. person first appointed on, acts as chairman by courtesy, 273. proceed like other assemblies, 276, 279. may proceed by sub-committees, 306. mode of proceeding on a paper which has been referred to them, 279, 281, 283. mode of proceeding on a paper originating in th#* committee, 279, 280, 282. manner of closing session of, 285. report of, how made, 282, 283, 284, 286, 287, 292. form of report of, 286, 292. mode of proce: iing on report of, 292, 293, 294, 295, 296. acceptance of report of, 295. form of stating questions on report of, 295, 296. See lieport. Committee of the Whole, of who4n composed, 259. how constituted, 297. what a quorum of, 299. who presides over, 297, 298. who is clerk of, 301. proceedings of, similar to those of the assembly itself. 302. 309, I! M I' ■ *i i f 5 t !! r' * \i tiJ N i ■r/, 11 198 INDEX. COMMITTKK OP THE Wiioi.E, mode of proceeding if oi»e session does not complete the business, 804. who may speak in, and how often, 305. cannot refer any matter to another committee, 300. cannot j)uni.sli for breaclies of order, 308. disorderly words in, liow noticed, 308. differences between and other committees, 30^ to 308. presiding otTicer of the assembly to remain in the room during the session of, 300. See Reports, DUorderlii Wonl'<. Commitment, definition and purposes of, 73 when a proper course, 00. what may be committed, 75, 76, 77. effect of a vote on a motion for, 183. motion for, may be amended, 181. supersedes a motion to amend, 185. is of the same degree with motions for the previous question and postpone ment, 182. See CommittceH. Communications to the assembly, how made, 44, 40, 48, 49. Consent of tlie assembly, in what cases, and how far, to be presumed by the presiding officer, j 35, 337. 293. Contested Elections, 7. See RttiirnH. Credentials of members, 7. Debate, proper character of, 201. should be confined to the question, 209. usual mode of putting an end to, 220, 221. shortening, 222. See Speaking. Decorum, Breaches of, 37, 38, 39, 40, 41, 223, 224. how to be noticed, 40. remedy for, 224, 225, 226. how a member is lo proceed to exculpate 111 mself from a charge of, 40. See Disorderly ^Vords, Order, ■^ jeeding if busiuess, mimittee, ttees, 30^3 • • emaiu in [). 3 185. )tions for postpone uade, 44, and liow g officer. 21, 23, 224. e himself INDEX. 199 DisoTiDEnLY WoRDR, course of proceeding, when spoken, 227 to 231. to be written down by the clerk, as spoken, 228, 229. members not to be censured for, unless com- ])lained of at the time, 232. spoken in a conunitt<'0 during its session, 278. in connnittee of tlie wliole to l)e written down, and reported to tlie assembly , 308. DisoHDEKi-Y (V>M)i:( T, 0, 37 to 40. 313. Division of a question, VJ to 83, 122, 123. effect of, »0. ' motion lor, how made, 80. ri^ht to demand, 81, 82. when it nuiy take place, 83. See Question, Elections and Returns, 6, 7, 8. Expulsion, 42. Flook, how to obtain, 46. who has a right to, 47, 203, 204, 205. member in ])ossessi()n of, to be interrupted only by a call to order, 200. when usually allowed to the mover of a motion, 204. when one relinquishes, for one purpose, he does so for all purposes, 205, 219. FoTiMS of prov^eeding, 10, 59, 315. See Order, Rales. Incident ATi Questions, 150 to 165. questions of order. 151 to 154. reading papers, 155 to 160. withdrawal of a motion, 161, 162. suspension of a rule, 163, 164. amendment of amendments, 165. See Question. Introduction of business, how accomplished, 43. See Rules. Journal of a deliberative assembly, what and how kept, 32, 33. Judgment of an aggregate body, how evidenced, 14 |i 1 200 INDEX. VI : Lie on the Table, purpose of motion for, 60, 71, 72 Motion for, cannot be amended, 170. when to be resorted to, 171. effect of vote on, 71, 72, 172. 173. takes precedence of all other subsidiary motions, 171. List of members, 0. Main Question, 63, 04, 135, 213. MAJOHiTY.decision by, on questions and elections, 24. Memueus, rights and duties of, 30. punishments of, 42. not to be present at debates on matters concern- ing themselvHs 41, 225, 230. proceedings on quarrels between, caution relat. ing to, 314. Memmeiisiiip, rights of, how decided, 8. Modification of a motion by the mover, 92. Motion, definition of, 45, 59* 233. to be in writing, 54. to be seconded, 53 to 55. how seconded, 55. when in order, 247. subsidiary, need not be in writing, 54. but must be seconded, 55. to suppress u proposition, 62. to be stated or read for the information of any member, 57. can be withdrawn only by leave, 56, 92. when before the assembly, none other can be re- ceived, except privileged motions, 58. is not before the assembly, until stated by its presiding officer, 198. not in order unless the maker be called to by the presiding olticer, 200. by one seated, or not addressing the chair, not to be received, 200. principal and subsidiary, cannot be made to- gether, 199. Naming a member, what, 40, 225. Numbers prefixed to paragraphs of a proposition, not a ])art of it, 91. INDKX. 201 1 TO , 71. 7 3. bsicUary tions, 24. concern- on relat' 2. ►n of any an be re- 158. ed by its to by the lir, not to made to- )position, Officetis of an assembly, titles of, 5. who are, usually, 20. how appointed, and removable, 26. a majority, necessary to elect, 26. when not members of the assembly, 5. jno temj)ore, when to be chosen, 29. See Premling Officer, Recording Officer, Ordek of a deliberative assembly, what, 13. of business, 188 to 200. how estimated. 190. questions of, what, 152. how decided, 154, 248. form of, on appeal, 154. no debate upon, allowed during: division, 248. rules of, to be enforced without delay, 151. call to, effect of. 214. who may make, 151. interrupts the bu.siness under considera- tion, 153. See Disorderly Conduct, Disorderly Words, Orders of the Day, definition of, 142. motion for, a privileged question for the day, 143 to 145, 146. motion for, generally, supersedes other proposi- tions, 143, 144. being taken up, the busines.« interrupted thereby is suspended, 147. fall, if not taken up on the day fixed, 149. unless by special rule, 149. Organization, necessity for, 1. usual mode of, 3. on report of a committee, 4. Papers and Documents, in whose custody, 3S, Parliamentary Law common, what, 6, 10. Parliamentary Kules, whence derived, 11. in each State, how formed, 11. See Rules. Petitions, requisites to 49. to be offered by members, 49, 50. mode of offering, 51 . « ■! 202 IXDEX. Petitions, to be read by the clerk, if received, 52. regular and usual action on presenting, 51, 52. contents of, to be known by member present- ing, 50. to be in respectful language, 50. Postponement, effect of vote on motion for, 180. motion for, may be amended, 176. Low amended, 177, 178. supersedes a motion to amend, 185. is not suspended by a motion to commit or to amend, 179. is of tlie same degree witli a motion for the previous question, 179. indefinite, purpose of motion for, 60, 67. effect of vote on motion for, 67. to a day certain, purpose of motion for, 68, 69. an improper use of, 70. Power of assembly to eject strangers, 9. Preamble, or title, usually considered after the paper is gone through with, 192. Precedence of motions, 171, 174, 179, 182, 186, 197, 220. of questions, 123. 134, 135, 153. as to reference to a committee, 74. on motions to fill blanks, 85, 86, 87. questions of privilege take precedence of all motions but for adjournment, 141. President, 5. See Presiding O^cer. Presiding Officer, duties of, 27, 30, 40, 225, 313, 314. to be first heard on questions of order, 207. how far member of an assembly, 5. not usually to take part in debate, 5, 202. but in committees of the whole, 307. or on point of order, 154. to give a casting vole, 5, 243. effect of not giving casting vote, 243. may not interrupt one speaking, but to call to order, 207. INDEX. 203 ved, 52. 51, 52. : present- )r, 180. 185. ;o commit lotion for 7. 1. r, 68, 09. after the , 18G, 197, ,74. \Q, 87. ce of all 225, 313, 207. 102. 6, 307. to call to Presiding Officer, may not decide upon incon- sistency of a proposed amendment with one already adopted, 102. Previous Question, motion for, purpose of, 60. form of, 64, 170. original use of, 63, 64, 65. present use of, 65, 66, 220. use of in England, 66. cannot he amended, 170. effect of vote on, 64, 65, 175. effect of negative decision of, 65. cannot he made in committee of the whole, 303, stands in same degree with other subsidiary motions, except to lie on the table, 174. Privileged Questions, 136 to 149. adjournment, 137 to 140. questions of privilege, 141. orders of the day, 142 to 149. take precedence of all motions but for adjourn- ment. 141. when settled, business thereby interrupted, to be resumed, 141. ProCEEDINitS, how set in motion, 43. Punishment of members, 41, 42. a question of, pending, the member to withdraw, 230. Quarrel between members, 38, 314. See Disorderly Words. Question, definition of, 233. forms of, in use, 15, 60, 61. when to be put, 235. mode of putting, 236. on a series of propositions, 193. on amendmenta reported by a committee, 194. mode of taking. 238, 240, 241, 242, 245. when and how decision of may be questioned, 238, 239. all the members in the room when the question is put are bound to vote upon it, 244. members not in the room, cannot vote on, 244. when taken by yeas and nay.s, 245. II. q a ^ J 204 INDEX. m Question, mode of taking, in Massachusetts, 246. when and how to be divided, 79. how taken when divided, 80. motion to divide, may be amended, 80. what may be divided, 88. who may divide, 81, 122. ) usually regulated by rule, 82. incidental, defined and enumerated, 150 to 165. subsidiary, or secondary, defined and enumer- ated, 1C6 tolTO. privileged, defined and enumerated, 136. See Incidental Questions, Privileged Questions, Subsidiary Questions. QuOKUM, necessity for, 17, 19. what constitutes, 18. effect of want of, on pending question, 249 necessary on a division of the assembly, 249. want of, how ascertained, 19. consequence of want of, 19, 249. Heading op Papers, by the clerk, 155. by members, not allowed, without leave obtained by moti(m and vote, 157, 158. when to be omitted, 159. when necessary, if called for, 155. question on, to be first decided, 160. Reception, question of, on petition, 51. on report, 286, 293. Recommitment, what, 73, 290, 291. Reconsidekatton, general principle relating to, 250 to 253. motion for. allowed in this country, 254, 255, effect of, 256. usually regulated by rule, 257. Recording Officer, duties of, 31, 32, 33, 35. how his absence is to be supplied, 34. how elected, 3, 4. precedence of, if more than one, 5. papers and documents to be in his charge, 33. Recurrence of Business, when interrupted by want of quorum, 249. by motion for the previous question, 66 INDEX. 205 ,246. to 165. enumer- • uesti^ns, 249 , 249. obtained to. 250 ^55. )0. |e, 33. )ted by Recurrence of Bhstness, -^^ motion for indefinite postponement, 67. to lie on the table, 71, 72. for adjournment, 140. for the orders of the day, 147, 148. by a question of privilege, 141. of order, 153, 230. by a call of member to order, 200, 214. Reports of Committees, how made and received. 286 to 389. how treated and disposed of, 292 to 296. of a paper with amendments, 288. action upon, 194, 195, 292 to 296. acceptance of, 295. 296. when a new draft of a paper, 196. of committees of the whole, 310. wben to be received, 311. Reprimand, 42. See PunUhment. Resolution, what, 13, 233. Returns, 6. time for investigating, 7. mode of investigating, 7. who to be on the investigating committee, 5. who to be heard on a question on, 8. Roll, calling of, 32, 35, 245. Rules of debate and proceeding, subject of, 14, 15. general purpose of, 315. what are necessarily adopted by an assembly^ 10, 20. the same in this country and in England, 11. usage does not give them the character of general laws, 12. to be enforced without delay or debate, 22, 151, 152. who may notice an infringement of, 22. special, each assembly may adopt, 10, 20. supersede ordinary parliamentary rules, 10. usually provide for their own amend- ment, 21. 1 1 206 INDEX. Rules, special, may be suspended on motion, 21, 163, 164. motion to suspend, supersedes the orig- inal question, 163. suspended only by general consent, 21, 164. usually provide for their own suspen- sion, 164. I may determine the number necessary to| express the will of the assembly, 25. See Reading of Papers, Speaking. Secondary Questions, 166. riee Subsidiary Questions Seconding of motions, 55, 309 Secretary, 5. See Recording Officer. Separation of propositions, how effected, 89. Speaking, rules as to manner of, 203 to 208. as to matter in, 209 to 214. as to times of, 215 to 219. member, to stand uncovered, 203, 208. not to make personal remarks, 211. * not to mention names of members, 206. not to reflect on the assembly, or on its prior determinations, 210. confined to the subject, 209, 213. not to be interrupted, 219. to speak but once on the same question, 215, 216. except by leave, 217. or to explain himself in a matter-of-fact, 218. See Debate, Presiding Officer. Speech, reading of, by member, 157. Subsidiary Questions, 166 to 187. nature and effect of, 166. enumeration of, 167. cannot be applied to one another, 168. exceptions to this rule, 169. lie on the table, 171, 172, 173. amendment, 184 to 187. INDEX. 207 otion, 21 » the orig. asent, 21, a suspen. essary tof ibly, 25. 9. )3, 208. 311. ers, 206. >r on its 3. iiestion, of-fact. Subsidiary Questions, previous question, 174, 175. postponement, 176 to 180. commitment, 181, 182, 183. Suspension of a rule, 21, 163, 164. See Hules Transposition of propositions, bow effected, 90. Vice-President, duties of, 5, 28. See Officers. Vote, what, 13, 233. Voting, right and duty of, 41, 244. prohibition from. 42. See MemheTH. Will of an assembly, majority necessary to ex- press, 24. special rule may deterruine what pro- portion may express, 25. Withdrawal of a motion, can be only by leave, 161, effect of vote upon motion for leave for, 162. Yeas and Nays, how taken, 32. 245. in Massachusetts, 246. what number of members may require, 25. form of putting question, 245* ;j i Hi i APPENDIX. THE CONSTITUTION OF THE UNITED STATES OF AMERICA. PREAMBLE. "We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general wel- fare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. SECTION I. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Repre- sentatives. SECTION II. First Clause. — The House of Representatives shall be composed of members chosen every sec- ond year by the people of the several States, and if 1 ■i ; i JilO APPENDIX. Kl the electors in each State shall have the qualifica- tions requisite for electors of the most numerous branch of the State Legislature. Second Clause. — No person shall be a Repre- sentative who shall not have attained to the age of twenty-live years, and been seven years a citi- zen of the United States, and wh^ shall not, when elected, be an inhabitant of tliat State in which he sliall be chosen. Third Clause. — Representatives and direct taxes shall be ai)portioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed three-fifths of all other persons. [Altered by the Fourteenth Amendment, Section IT.] The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, APPENDIX. 211 lualifica- umeroii.s a Repro- 3 the age irs a citi- Lot, when in which d direct 3 several is Union, lich shall umber of 2rvice for not taxed }d by the he actual ee years s of the ent term I bv law shall not but each ive; and he State choose and and cut five, isylvania inia ten, North Carolina five, South Carolina five, and Georgia three. Fourth Clause. — When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. Fifth Clause. — The House of Representatives shall choose their Speaker aud other oflicers, and shall have the solo power of impeachment. SECTION III. First Clause. — The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six years, and each Senator shall have one vote. Second Clause. — Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expira- tion of the fourth year, and of the third class at the expiration of the sixth year, so that one-third maybe chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the execu- tive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. Third Clause.— 'No person shall be a Senator who shall not have attained to the age of thirty 212 APPKXDIX. years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. Fourth Clause, — The Vice-President of tho United States shall bo President of the Senate, but shall have no vote unless they be equally divided. Fifth Clause. — The Senate shall choose their other officers, and also a President />?*o tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. Sixth Clause. — The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirmation. When the President of the United States is tried, the Chief-Just'.CQ shall preside, and no person shall be convicted without the concurrence of two-thirds of the members present. ^Seventh Clause. — Judgment in cases of im- peachment shall not extend further than to re- moval from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. SECTION IV. First Clause. — The times, places and manner of holding elections for Senators and Representatives APrKNDIX. '2 1 :\ United be an hall h^^ of tho Senate, equally je their empore, ,vhen he ) United tlie sole tting for rmatiou. is tried, ) person ence of of im- n to re- lold and It under led shall Lctment, [ding to inner of Intatives shall 1)0 proscribed in each State by the Legisla- ture tliereof ; but tho Congress may at any time by law make or alter such regulations, except as to tho places of choosing Senators. tSeco7Hl Clause. — The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. SECTION V. First Clause. — Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall con- stitute a quorum to do business; but a smalliT number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner and under such penalties as each House may provide. Second Clause. — Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member. Third Clause. — Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal. Fourth Clause. — Neither House during the ses- sion of Congress shall, without the consent of the i i ^ \ 214 APPENDIX. other, adjourn for more than throe days, nor to any other place than that in which the two Houses shall be sitting. SECTION VI. First Clause. — The Senators and Representa- ives shall receive a compensation for their serv- ices, to be ascertained by law and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their at- tendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place. Second Clause. — No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States which shall have been created or the emoluments whereof shall have been in- creased during such time; and no person holding any office under the United States shall be a member of either House during his continuance in office. SECTION VII. First Clause. — All bills for raising revenue shall originate in the House of Representatives, but the Senate uiay propose or concur with amend- ments as on other bills. Second Clause. — Every bill which shall have I passed the House of Representatives and the APPENDIX. 210 nor to le two resenta- lir serv- t of the ill in all I of tbe tlieir at- ) Houses, line-, and use they e. (sentative lected, be authority n created been in- holding all be a tinuance revenue mtatives, th amend- lall have I and the] Senate shall, before it become a law, be presented to the President of the United States; if he ap- prove he shall sign it, but if not he shall return it, with his objections, to that House in which it shall have originated, who shall enter their objec- tions at large on their journal and proceed to reconsider it. If after such reconsideration two- thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be recon- sidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each Houso respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Con gress by their adjournment prevent its return, in which case it shall not be a law. Third Clause. — Every order, resolution or vote to which the concurrence of the Senate and House of Ilepresentatives may be necessary (except on a question of adjournment) shiJl be presented to the President of the United States, and before the same shall take effect shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and Hcuse of Repre- (i % \ 216 APPENDIX. sentatives, according to the rules and limitations prescribed in the case of a bill. SECTION VIII. The Congress shall have power: First Clause. — To lay and collect taxes, duties, imposts and excises, to pay the debts and provide^ for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States. Second Clause. — To borrow money on the credit of the United States. Third Clause. — To regulate commerce with for- eign nations, and among the several States, and with the Indian tribes. Fourth Clause. — To establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies throughout the United States. Fifth Clause. — To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. Sixth Clause. — To provide for the punishment of counterfeiting the securities and current coin of the United States. Seventh Clause. — To establish post-oflBces and post-roads. Eighth Clause. — To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. 1 APPENDIX. 217 itations duties, provide^ 3lfare of >sts and 3 TJuited tie credit with for- ates, and n rule of 3 subject ;ates. late the fix the lishment Irent coin ices and logress of ]r limited jsive right pies. Ninth Clause. — To constitute tribunals inferior to the Supreme Court. Tenth Clause, — To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations. Eleventh Clause. — To declare war, grant letters of marque and reprisal, and make rules concern- ing captures on land and water. Twelfth Clause. — To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years. Thirteenth Clause. — To provide and maintain a navy. Fourteenth Clause. — To make rules for the government and regulation of the land and naval forces. Fifteenth Clause. — To provide for calling forth the militia to execute the laws of the Union, sup- press insurrections and repel invasions. Sixteenth Clause. — To provide for organizing, arming and disciplining the militia, and for gov- erning such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers and the authority of training the militia accord- ing to the discipline prescribed by Congress. Seventeenth Clause. — To exercise exclusive leg- islation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Con- gress, become the seat of the Government of the m i uju a i > i ".w*u)D Pwwg 218 APPENDIX. United States; and to exercise like authority over all places purchased by the consent of the Legisla- ture of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock- yards, and other needful buildings; and Eighteenth Clause. — To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Govern- ment of the United States, or in any department or officer thereof. SECTION IX. First Clause. — The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. Second Clause. — The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. Third Clause. — No bill of attainder or ex post J'oAito law shall be passed. Fourth Clause. — No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. Fifth Clause. — No tax or duty shall be laid on articles exported from any State. APPENDIX. 219 y over egisla- be, for , dock- which ig into . other ^overn- ,rtment ation of existing )hibited aousand ty may ceeding writ of Iss when safety ex post jr direct to the )cted to laid on Sixth Clause. — No preference shall be given by any regulation of commerce or revenue to tho ports of one State over those of another, nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another. Seventh Clause. — No money shall be drawn from the treasury, but in consequence of appro- priations made by law; and a regular statement and account of the receipts and expenditures of all public moneys shall be published from time to time. Eighth Clause. — No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince or foreign state. SECTION X. First Clause. — No State shall enter into any treaty, alliance, or confederation; grant letters of marque arid reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder or ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. Second Clause. — No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be abso- lutely necessary for executing its inspection laws; 220 APPENDIX. and the net produce of all duties and imposts, laid by a:iy State on imports and exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. Third Clause. — No State shall, without the consent of the Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. AKTICLE II. SECTION I. First Clause. — The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together w'ith the Vice- President, chosen for the same term, be elected as follows: ^ Second Clause. — ^Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. appp:ndix. 221 * Third Clause. — The electors shall meet in their respective States, and vote by ballot for two persons, one of whom, at least, shall not be an in- habitant of the same State with themselves; and they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to tb<' seat of Government oi' the United States, directed to the President of the Senate. Ttio President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates; and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors ap- pointed; and if there be more than one who have such majority, and have an equal number of votes, thcii the House of Representatives shall im- mediately choose, by ballot, one of them for Presi- dent, and if no person have a majority, then, from the five highest on the list, the said House shall, in like manner, choose the President. But, in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States; and a majority of all the States shall bo necessary to a choice. In every case, after the choice of a President, the person having the i^ *This clause has been superseded by the Twelfth Amend* uient. 222 APPEls^DIX. greatest number of votes of the electors shall be Vice-President. But, if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President. Fourth Clause. — The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. Fifth Clause. — No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. Sixth Clause. — In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice- President; and the Congress may by law provide for the case of removal, death, resignation, or in- ability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. Seventh Clause. — The President shall, at stated" times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been APPENDIX. 223 elected, and he shall not receive within that period any other emolument from the United States, or any of them. Eighth Clause. — Before he enter on the execu- tion of his office, he shall take the following oath or affirmation: **I do solemnly swear (or affirm) that I will faithfully execute the office of I'lcsideiit of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." SECTION II. M7'st Clause. — The President shall be Com- mander-in-Chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and ho shall have power to grant reprieves and pardons for offenses against the United States, exc'0[)t in cases of impeachment. Second Clause. — He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appoint- i 224: APPENDIX. ments are not herein otherwise proviaed for, rnid which shall be established by law; but the Con- gress may by law vest the appointment of such inferior oflRcers, as they think proper, in the Presi- dent alone, in the courts of law, or in the heads of departments. Third excuse. —The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commis- sions, which shall expire at the end of their next session. SECTION III. He shall from time to time give to the Congress information of the state of the Union, and recom- mend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement be- tween them, with respect to the time of adjourn- ment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faitlifully executed, and shall commis- sion all the officers of the United States. SECTION IV. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and on conviction of, treason, bribery, or other high crimes and misdemeanors. APPKNDIX. 2*^.% ARTICLE III. SECTION I. The iudicial power of the United States shall bo vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of tlie Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their con- tinuance in office. SECTION II. First Clause. — The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, other public ministers; and consuls; to all cases of admiralty and maritime jurisdiction; to contro- versies to which the United States shall be a party; to controversies between two or more States ; between a State and citizens of another State ; between citizens of different States ; be- tween citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects. Second Clause. — In all cases affecting ambassa- dors, other public ministers and consuls, and those in which a State shall be a party, the Supremo 1 I A \ I 220 APPEN^DIX. Court shall have original jurisdiction. In all the other cases before mentioned, tne Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under su'^' regulations as the Congress shall make. Third Clause. — The trial of all crimes, except in cases of impeachment, shall bo by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. SECTION III. First Clause. — Treason against the United Sta shall consist only in levying war ugainst them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Second Clause. — The Congress shall have power to declare the punishment of treason, but no at- tainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. SECTION I. Full faith and credit shall be given in each State to the public acts, records, and judicial pro- ceedings of every other State. And the Congress APPEXDIX. 227 naivy by general laws prescribe the manner ia which such acts, records, and proceedings shall be proved, and the elTeet thereof. , SECTION II. First Clause, — The citizens of each State shall ^ bo entitled to all privileges and immunities of citizens in the several States. /Second Clause. — A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which ho flc^d, bo delivered up, to be re- moved to the State having jurisdiction of the crime. Third Clause. — No pei m held to service or labor in one State, under thi laws thereof, escap- ing into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. SECTION III. First Clause. — New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the Congress. Second Clause. — The Congress shall have power 228 APPENDIX. to dispose of and make all needful rules and regu- lations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed fl^ to preju- dice any claims of the United States, or of any jjKcfrticular State. SECTION IV. The United States shall guarantee to every State iu this Union a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or of the Executive (when the Legislature cannot be con- vened), against domestic violence. ARTICLE Y. The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the appli- cation of the Legislatures of two-thirds of the several States, shall call a convention for propos- ing amendments, which, in either case, shall be vali 1, to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conven- tions in thre .-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: provided that no amendment which may be made '^rior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first sent. Senate menta Const! States feden Sed of th( feuanc shall Statet the jv anyth to tb^ T?i tives sever judic sevei tion tests ofiici T1 Stat this the APPENDIX. 229 nd regu- ^roporfy hing in oprejii- of auy y State nment, evasion; of the be con- f both )ropose ' appli- of the •ropos- all be >f this res of •nven- )r the iy the vhich eight It the f the first article; and thai no State, without its con- sent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. First Clause. — All debts contracted and engage- ments entered into before the adoption of this Constitution shall be as valid against the United Slates under this Constitution as under the Con- federation. Second Clause. — This Constitution, and the laws of the United States which shall be made in pur^ suance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. Third Clause. —The Senators and Representa- tives before mentioned, and the members of tha several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirma- tion to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE YII. The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. 230 APPENDIX. Done in convention by the unanimous consent of the States present the seventeenth day of Sep- tember in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independ- ence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names. Go: WASHlNGTOlSr Presidt. and Beputij from Virginia. li New Hampshire. — John Langdon, Nicholas Gilman. Massachusetts. — Nathaniel Gorham,Ruf us King. Connecticut. — Wm. Saml. Johnson, Roger Sher- man. New York. — Alexander Hamilton. New Jersey. — Wil: Livingston, David Brearley, Wm. Patterson, Jona: Dayton. Pennsylvania. — B. Franklin, Tliomas Mifflin, Robt. Morris, Geo. Clymer, Thos. Fitzsimons, Jared Ingevsoll, James AYilson, Gouv Morris. Delaware. — Geo: Read, Gunning Bedford, Jun., John Dickinson, Richard Bassett, Jaco. Broom. Maryland. — James McHenry, Dan of St. Thos Jenifer, Danl. Carroll. Virginia. — John B^air, James Madison, Jr. North Carolina. — Wm. Blount, Richd. Dobbs Spaight, Ha Williamson. Houth Carolina. — J. Rutledge, Charles Cotes- worth Pinckney, Charles Pinckney, Pierce Butler. Georgia. — William Few, Abr Baldwin. Attest : William Jackson, Secretary. APPENDIX. 231 )nsent f Sep- seven 3pend- velfth. icribed Inict. icliolas isKing. 3r Sher- ;rearley, Mifflin, ^simons, rris. d, Jun., Iroom. it. Thos Jr. Dobbs Cotes- Butler. itary. AMENDMENTS TO THE CONSTITUTION. PROPOSED BY CONGRESS AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES. ARTICLE I. Congress shall make no law respecting an estab- lishment of religion, or prohibiting the free exer- cise thereof; or abridging the freedom of speech, or of the press; or the right of the people peace- ably to assemble, and to petition the government for a redress of grievances. ARTICLE II. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be pre- scribed by law. ARTICLE IV.. The right of the people to be secure in their persons, houses, papers, and effects, against un- reasonable searches and seizures, shall not be vio- 232 APPENDIX. lated, and no warrant shall issue but upon prob- able cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V. No person shall be held to answer for a capital. or otherwise infamous crime, unless on a present- ment or indictment of a grand jury, except in cases arising in the land or naval forces, or in tho militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any crimi- nal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law, nor shall private property be taken for public use without just compensation. ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which dis- trict shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the wit- nesses against him; to have corapuLory process for obtaining witnesses in his favor, and to have] the assistance of counsel for his defense. APPEXDIX. 233 ARTICLE VII. In suits at common law, where the value in con- troversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law. ARTICLE VIII. Excessive bail shall not be required, nor exces- sive fines imposed, nor cruel and unusual punish- ments inflicted. ARTICLE IX. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE XI. The judicial powers of the United States shall not be construed to extend to any suit, in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. 234 APPENDIX. ARTICLE XII. The electors shall meet in their respective States, and vote by ballot for President and Vice-Presi- dent, one of whom, at least, shall not be an in- habitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President, shall be the President, if such number be a ma- jority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not ex- ceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two- thirds of the States, and a majority of all the States shall be necessary to a choice. And if APPENDIX. 235 I States, 3-Presi- an in- 3; they i for as Q voted [listinct and of I of the sy shall seat of 5Cted to lent of ite and ficates, person sident, a ma- ointed; n from lot ex- for as shall sident. lall be each uq)ose two- ill the Ud if the House of Representatives shall not choose a President whenever the right of choice shall de- volve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or otlK.u- constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be theVice-President, if such number be a majority of the whole number of electors appointed; and if no person have a ma- jority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ARTICLE XIII. SECTION I. Neither slavery nor involuntary servitude, ex- cept as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. SECTION II. Congress shall have power to enforce this article by appropriate legislation. 236 APPENDIX. ARTICLE XIV. SECTION I. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law% nor deny any person within its jurisdiction the equal protection of the laws. SECTION II. Representatives shall be apportioned among the several States according to their respective num- bers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-Presi- dent of the United States, representatives in Con- gress, the executive and judicial officers of a State, or the members of, the Legislature thereof, is de- nied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of. such male citi- zens shall bear to the whole number of male citizens twenty-one years of age in such State. APPEXDIX. 237 SECTION III. No person shall be a Senator or Representative in Congress, or elector of President and Vice- President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a uiomber of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to sup- port the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two- thirds of each House, remove such disability. SECTION IV. The validity of the public debt of the United States, authorized by law, including debts in- curred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. SECTION V. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. 238 APPENDIX, ARTICLE XV. SECTION I. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude. SECTION II. The Congress shall have power to enforce this article by appropriate legislation. fc% tf,t' Ik'- ■ m THE DECLARATION OF INDEPENDENCE. A Declaration by the Representatives of the United States of America in Congress assembled, July -), i776*. When, in the course of human events, it be- comes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them. a decent respect to the opinions of mankind re- quires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal ; that they are endowed by their Creator with certain unalienable rights ; that among these, are life, liberty and the pursuit of happiness. That, to secure these rights, govern- ments are instituted among men, deriving their just powers from the consent of the governed : that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dic- tate that governments long established should not be changed for light and transient causes; and, accordingly, all experience hath shown, that man- kind are more disposed to suffer, while evils arc sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pur- suing invariably the same object, evinces a design 239 THE DECLARATION OF INDEPENDENCE. to reduce them under absolute despotism, it is their right, it is their duty, to throw off such govern* nient, and to provide new guards for their future security. Such lias been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former sys- tems of government. The history of the present king of (jreat Britain is a history of repeated in- juries and usurpations, all having, in direct object, the establishment of an absolute tyranny over these States. To prove this, let facts be sub- mitted to a candid world : He has refused to assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless sus- pended in their operation till his assent should be obtained ; and, when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the ac- commodation of large districts of people, unless those people would relinquish the right of repre- sentation in the legislature; a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at , places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses roen^ ly, for opposing, with manly firmness, ' sions on the rights of the people. He has refused, for a long time after , irh dis- solutions, to cause others to be elected; w her by the legislative powers, incapable of annihilation, have returned to the people at large for their exercise ; the State remaining, in the meantime, exposed to all the danger of invasion from with- out, and convulsions within. 240 THE DECLARATION OF INDErENDEXCE. er by ation, their time, with- Hc has endeavored to prevent the population of these States ; for that purpose, obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither; and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of tlicir otltices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance. He has kept among us. in times of peace, stand- ing armies without the consent of our legislatures. He has affected to render the military inde- pendent of, and superior to, the civil power. He has combined, with others, to subject us to a jurisdiction foreign to our constitution, and un- acknowledged by our laws; giving his assent to their acts of pretended legislation : For quartering large bodies of armed troops among us : For protecting them by a mock trial, from pun- ishment, for any murders which they should com- mit on the inhabitants of these States : For cutting off our trade with all parts of the w^orld : For imposing taxes on us without our consent : For depriving us, in many cases, of the benefit of trial by jury: For transporting us beyond seas to be tried for preiended offenses : For abolishing the free system of English laws a neighboring province, establishing therein an rbitrary government, and enlarging its bound- ries, so as to render it at once an example and 241 THE DECLAKATION OF INDEPENDENCE. II J fit instrument for introducing the same absolute rule into these colonies : For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, the powers of our governments : For suspending our own legislatures, and de- claring themselves invested with power to legis- late for us in all cases w^hatsoever. He has abdicated government here, by declar- ing us out of his protection, and waging war against us. He has plundered our seas, ravished our coasts, burnt our towns, and destroyed the lives of our people. He is, at this time, transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizeiic, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections am.ong us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare is an undistinguished de- struction of all ages, sexes and conditions. In every stage of these oppressions we have pe- titioned for redress, in the most humble terms : our repeated petitions have been answered only by repeated injury, A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attention to our British brethren. We have warned them, from time to time, of attempts made by their legislature 343 THE DECLARATION OF INDEPENDENCE. to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have ap- pealed to their native justice and magnanimity, and we have conjured them, by the ties of our common, kindred, to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They, too, have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace, friends. We. therefore, the representatives of the United States of America, in general Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare, that these United Colonies arc, and of right ought to be, free and indfr>endent States ; that they are ab- solved from all allegiance to the British crown, and that all political connection between them and the State of Great Britain, is,, and ought to be, totally dissolved ; and that, as free and independ- ent States, they have full power to levy war, con- clude peace, contract alliances, establish com- merce, and to do all other acts and things which independent States may of right do. And, for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other, our lives, our fortunes and our sacred honor. JOHN HANCOCK. Nczv Hampshire. — Josiah Bartlett, Wm. Whip- ple, Matthew Thornton. Massachusetts Bay. — Saml. Adams, John Adams, Robt. Treat Paine, Elbridge Gerry. 243 THE DECLARATION OF INDEPENDENCE. Rhode Island, etc. — Steph. Hopkins, William Ellery. Connecticut. — ^Roger Sherman, Sam'l Hunting- ton, Wm. Williams, Oliver Wolcott. New York. — Wm. Floyd, Phil. Livingston, Frans. Lewis, Lewis Morris. New Jersey. — Richd. Stockton, Jno. Wither- spoon, Frans. Hopkinson, John Hart, Abra. Clark. Pennsylvania. — Robt. Morris, Benjamin Rush, Benja. Franklin, John Morton, Geo. Clymer, Jas. Smith, Geo. Taylor, James Wilson, Geo. Ross. Delaware. — Caesar Rodney, Geo. Read, Tho. M'Kean. Maryland. — Samuel Chase, Wm. Paca, Thos. Stone, Charles Carroll of Carollton. Virginia. — George Wythe, Richard Henry Lee, Thos. Jefferson, Benja. Harrison, Thos. Nelson, Jr., Francis Lightfoot Lee, Carter Braxton. North Carolina. — Wm. Hooper, Joseph Hewes, John Penn. South Carolina. — Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middle- ton. Georgia. — Button Gwinnett, Lyman Hall, Geo. Walton. 244 E^^CE. William Hunting- ivingston, Wither- ra. Clark, in Rush, mer, Jas. . Ross, id, Tho. a, Thos, nry Lee, Nelson, :on. I Hewes, Thomas Middle- ill, Geo.