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MANUAL OF PARLIAMENTARI PKACTICE. 
 
 RULES 
 
 OF 
 
 PROCEEDING AND DEBATE 
 
 IN 
 
 DELIBERATIVE ASSEMBLIES. 
 
 BY LUTHER S. CUSHiM. 
 
 t -, .., f \ 
 
 WITH ADDITIONAL NOTES BY THE PUBLISHER, 
 
 INCLUDING 
 
 THE CONSTITUTION OF THE UNITED STATES 
 
 AND 
 
 THE DECLARATION OF INDEPENDENCE. 
 
 NEH^ EDITION. 
 
 Philadelphia : 
 PORTER & COATES. 
 

 GIFT OP 
 
 C<»:)y:i'i{t'»t, I'^ss, by WilUam L. Allboa. 
 
PUBLISHER'S ADYERTISEIVIENT. 
 
 This new edition of Cusldng^s Parliamentary 
 Manual has been put in type from a copy of the 
 original edition, (now out of copyright), and is iden- 
 tical in matter with the present Boston edition, ex- 
 cepting three or four pages of comments by the 
 author's brother, which do not modify the text, nor 
 present any new rule of proceeding or debate. The 
 Manual was so thorough and complete, as it came 
 from the hands of its author, that any attempt to 
 revise it in conformity with arbitrary statutes, or 
 rules made for a particular purpose, but having no 
 universal application to parliamentary law, would 
 be not only presumptuous, but lead to confusion. 
 The additional notes, however, which are enclosed 
 in brackets, will be found useful, and will make this 
 edition more valuable than any other. Several topics 
 and new forms not treated by Mr. Gushing have 
 't»een introduced. 
 
 ivil02500 
 
GUSHING S PARLIAMENTARY MANUAL. 
 
 NOTES TO THE FIFTH EDITION 
 
 Closure (Fr. doture). — This is a "vote of urgency" 
 to close a debate. It is to all intents and purposes the 
 " previous question " of American parliamentary law. 
 The motion is that " the question be now put," and it 
 can be carried by a majority of 100, with the approval 
 of the Speaker. (222.) The Speaker may decide that the 
 question has not been sufficiently debated, and refuse to 
 apply the closure, at his pleasure. Under the second 
 rule of procedure in the Commons, adopted under Mr. 
 Gladstone's direction, only the Speaker could demand 
 the closure. This has been amended so as to transfer 
 the power from the Speaker to any member of the 
 house. — The Speaker is allowed to propose, at his dis- 
 cretion, the previous question rule, that "the question 
 shall be put," but the division cannot be taken without 
 the consent of 200 members, or with the opposition of 
 40 members, when more than 100 favor iL These 
 numerical limitations paralyze the operation of the 
 "previous question," which is feldom called for in the 
 Commons. Obstruction is almost as easy under the 
 amended as it was under the old rules, and debates are 
 as interminable as ever. This is likewise the case in 
 our own House of Representatives. Debates over 
 childish points of order were never more prolonged than 
 during the last session (1888-89) of the Fiftieth Con- 
 gress. Motions for the previous question, to call the 
 roll, to take the yeas and nays, and to adjourn, etc., 
 almost superseded all other business during the first 
 month of the session. Never was a more ridiculous 
 spectacle presented of the puerile spirit of the House, 
 and of the impotenceof respectable parliamentarians to 
 check filibustering. Thus, on January 11th, a whole 
 session was consumed over Clause 5 of Rule XVI., in 
 an attempt to check business by a motion for adjourn- 
 ment The rule is as follows : — 
 
cushing's parliamentary manual. 
 
 " A motion to fix the day to which the House shall adjourn, a 
 motioh to adjourn, and to take a recess, shall always be in order, 
 and the hour at which the House adjourns shall be entered on 
 the journal." 
 
 Gen, Weaver : "Always in order" is the language of the 
 rule. 
 
 The Speaker : But the House, in the judgment of the Chair, 
 can transact no business until its journal has been read. It has 
 been held again and again that an order of the House fixing 
 the day to which the House shall adjouni, or to take a re- 
 cess, is the transaction of busiaess, and requires the presence 
 of a quorum. 
 
 Gen. Weaver : Let the journal be read. 
 
 When the laughter had subsided, the Clerk began to read 
 the journal. He had hardly begun before the General made 
 the point of order that it must be read in extenso, including 
 the yeas and nays. The Clerk has been in the habit of omit- 
 ting them. The Speaker decided that he must read the yeas 
 and nays. The Clerk picked up the Coitgressionat Record for 
 the purpose of reading them, when Gen Weaver made the 
 point that he must read them from the journal and not from 
 the Record. At this the Clerk began to read them from the 
 tally sheet. The General promptly fired off another point of 
 order. It was that they must oe read from the journal and 
 not from the tally sheet Mr. Randall suggested that the 
 tally sheet was a part of the journal, and the Speaker so de- 
 cided. When the Clerk finished. Gen. Weaver moved that 
 when the House adjourn it be until Monday. 
 
 Similar difficulties are eacountered in the British 
 Parliament, and the rules have been amended so as to 
 curtail the privilege of moving the adjournment. The 
 Speaker's consent must be obtained lo the motion, after 
 a written application has been hr.nded in. As in the 
 ease of closure, this is obviously too large a discretionary 
 power to be lodged in ihe Chair. The great restorative 
 change that is required is one that will multiply means 
 of action, through the medium of standing committees. 
 This is the most efifective way of transacting business 
 in our own Congress. The vital difference between the 
 bulwarks for the protection of minorities in the British 
 House of Commons and in the American Congress is 
 the longevity of the former body. It is elected for 
 seven years, and an appeal to the voters against the 
 tyranny of majorities, may be postponed for that period. 
 Our House is elected for two years only, and f he rights 
 
6 cushing's parliamentary manual. 
 
 of minorities are buttressed by wall after wall of guar- 
 antees in the Senate, the Execntive, the Constitution, 
 both Federal and State, and the Supreme Court. (See 
 Seekiona 174, 220, 221, 222, of this Manual.) 
 
 Power of the House over thb Journal. — Several 
 correspondents have inquired : '' When the proceedings 
 of the previous meeting are under consideration for 
 adoption, is it legal to alter any of the proceedings of 
 that meeting ?" If it is claimed by a member that there 
 is an error in the minutes, and ho moves an amend- 
 ment, and the motion is seconded, the Chair shall put 
 the motion to the assembly. If the motion is sustained, 
 the Secretary must alter tiie minutes, read ihtm to the 
 assembly and have them approved. After approval, no 
 BucceediRg assembly can legally or fairly alter them. 
 As Daniel Webster maintained, in his remarks in the 
 Senate of the United States, .laiiuary 16, 1J?37, on the 
 Expunging Resolution : " Senators from other States 
 have no power or authority to expunge any vote or 
 votes which we have given here, and which we have 
 recorded agreeably to the express provision of the Con- 
 stitution, that ' Each house shall keep a journal of its 
 proceedings.' If ihe Senate may expunge one part of 
 the journal of a former session, it may expunge the 
 whole of the record of one session or all sessions." 
 The same rule applies to the journal of every delibera- 
 tive body. (See Sections 26. 33, 56. 78, 92, 94, 111, 113. 
 161, 264, 256. 257, tor analagous proceedings). But 
 the privilege of correcting the journal is often exercised 
 by deliberative bodies. Thus, in the House of Rep- 
 resentatives. December 11th, 1>*88, Mr. Hatch, of 
 Missouri, asked unanimoics cortsent for the consideration 
 of a motion for the correction of the journal, which 
 failed to give the title and number of his bill for the 
 creation of the Department of Agriculture, though the 
 number and title appeared in the notes from which 
 the journal was compiled. The House then voted to 
 make the correction. 
 
TABLE OF CONTENTS. 
 
 INTRODUCTION I to is 
 
 CHAPTER I. — Of certain Preliminarv Matters,.. i6 to 25 
 
 Sect. I. Quorum 171019 
 
 Sect. II. Rules and Orders, 20 to 22 
 
 Sect. III. Time of Meeting, 23 
 
 Sect. IV. Principle of Decision, 24,25 
 
 CHAPTER II,— Of the Officers, 26 to 35 
 
 Sect. I. The Presiding Officer 271030 
 
 Sect. II. The Recording Officer, 31 to 3; 
 
 CHAPTER III.— Of the Rights and Duties of 
 
 Members, 36 to 41 
 
 CHAPTER IV. — Of the Introduction of Business,.. 43 to 58 
 CHAPTER v.— Of Motions in General 59 to 01 
 
 CHAPTER VI.— Of Motions to Suppress, 62 1067 
 
 Sect. I, Previous Question, 631066 
 
 Sect. II. Indefinite Postponement, •• 67 
 
 CHAPTER VII.— Of Motions to Postpone, 681072 
 
 CHAPTER VIII.— Of Motions to Commit, 7310 77 
 
 CHAPTER IX.— Of Motions to Amend 7810133 
 
 Sect. I, Division of a Question, 79 to 83 
 
 Sect. II. Filling Blanks, 8410 Sj 
 
 Sect. HI. Addition — Separation — Transposition, 88 to 91 
 
 Sect. IV. Modification, &c. by the Mover, 92,93 
 
 Sect. V General Rules relating to Amendments, 94 to toj 
 
 Sect. VI. Amendments, by striking out 10310112 
 
 Sect, VII. Amendments, by inserting, 113 to iji 
 
 Sect. VIII, Amendments, by striking out and in- 
 serting, 122 to 127 
 
 Sect IX. Amendments, changing the nature of • 
 
 question, ia8 t« »3 j 
 
12 TABLE OF CONTENTS. 
 
 CHAPTER X.— Of the Order and Succession of 
 
 Business, «34 tc i^7 
 
 Sect. I. Privileged Questions, 136 to 149 
 
 A djcnirnntent, '37 to 140 
 
 Questions of PrhnUge 141 
 
 Orders o/the Day,.. 142 to 149 
 
 Sbct. II. Incidental Questions, 15010165 
 
 Questions 0/ Ordtr 151 to 154 
 
 Keiuiiftg 0/ Pa/><rs • . 1 55 to 160 
 
 IV ithdni-ival 0/ a Mothn, 161 to 162 
 
 Siis/^nsioH 0/ It Kule, 163 to 164 
 
 A nundnunt of A tferz/i^v •*>, 165 
 
 Ssr^. III. Subsidiary Questions, .- 166 to 187 
 
 LU on Ou TabU, - 171 to 173 
 
 Pm'ious Questio't, 1 74 to 175 
 
 rost/>o>umfnt, 1 76 to 1 80 
 
 Commitment, 18 1 to 193 
 
 Amendment 184 to 1S7 
 
 CHAPTER XI —Of the Order ov Prochbding,.-..«88 to 200 
 
 CHAPTER XII.— Of Order in Debate, 201 to 23* 
 
 Sect. I. As to the Manner of Speaking 20310208 
 
 Sect. II- A^ to the Matter in Speaking 209 to 214 
 
 Sect. III. As to Times ol SiH-aking 215 to 219 
 
 Sect. IV. As to Stoppinu Debate 220 to 22* 
 
 Sbct. V. As to Decorum in Debate 223 to 226 
 
 Sbct. VI. As to Disorderly Words 227 to 232 
 
 CHAPTER XIII.— Or the Question, 233 10249 
 
 CHAPTER XIV.— Op Reconsideration 250 to 257 
 
 CHAPTER XV.— Of Committees, 25810311 
 
 Sect. I. Their Nature and Functions, 25810262/ 
 
 Sect. II. Thtir Appointment, 26310272' 
 
 Sect. III. Their Organiiation, &c 273 to 2S5 • 
 
 Sect. IV. Their Report, 28610296* 
 
 Sect. V. Committee of the Whole, 297 to 3 . 1 
 
 CONCLUDING REMARKS J«» t03>& 
 
 CONSTITUTION OF THE UNITED STATES 193 
 
 DECLARATION OF INDEPENDENCE 220 
 
> , I I 
 
 PARLIAMENTARY PRACTICE. 
 
 INTRODUCTION. 
 
 1. The purposes, whatever they may be, 
 for which a deliberative assembly of any kind 
 is constituted, can only be effected by ascer- 
 taining the sense or will of the assembly, in 
 reference to the several subjects submitted to 
 it, and by embodying that sense or will in an 
 intelligible, authentic, and authoritative form. 
 To do this, it is necessary, in the first place, 
 that the assembly should be promptly consti- 
 tuted and organized ; and, secondly, that it 
 should conduct its proceedings according to 
 certain rules, and agreeably to certain forms, 
 which experience has shown to be the best 
 adapted to the purpose. 
 
 2. Some deliberative assemblies, especially 
 those which consist of permanently established 
 bodies, such as municipal and other corpora- 
 tions, are usually constituted and organized, 
 at least, in part, in virtue of certain legal pro- 
 
14 PAKI.lVMKVr VRV PRACTICE. 
 
 * I ( t . 
 
 visions ; nliile others, of an occasional or 
 tf»D!jJoiar\ character, 'Siich as conventions and 
 political meetings, constitute and organize 
 themselves on their assembling together for 
 the purjK)ses of their appointment. 
 
 3. The most usual an<l convenient mode 
 of organizing a deliljcrative assembly is the 
 following: — The members being assembled 
 together, in the ]>lace, and at the time ap- 
 pointed for their meeting, one of them ad- 
 dressing liimself to the others, re«piests them 
 to come to order; the members thereupon 
 seating themselves, and giving their attention 
 to him, he suggests the projiriety and necessity 
 of their being organized, before proceeding to 
 l)usiness, and re(juests the members to nomi- 
 nate some ]>erson t<> act as chairman of the 
 meeting; a name or names being thereuj)on 
 mentioiwd, he declares that such a ])erson 
 (whose name was first heard by him) is 
 nominated for chairman, and puts a (piestion 
 that the person so named be requested to take 
 the chair If this (piestion should be decided 
 in the ncirative, another nomination is then to 
 be called for, and a fpiestion put upon the name 
 mentioned (being that of some other person) 
 as before, and so on until a choice is effected. 
 
ORGANIZATION. 15 
 
 When a chairman is elected, he takes the 
 chair, and proceeds in the same manner to 
 complete the organization of the assembly, 
 by the choice of a secretary and such other 
 officers, if any, as may be deemed necessary. 
 
 4. An organization, thus effected, may be, 
 and frequently is, sufficient for all the purposes 
 of the meeting ; but if, for any reason, it is 
 desired to have a greater number of officers, 
 or to have them selected with more delibera- 
 tion, it is the practice to organize temporarily, 
 in the manner above mentioned, and then to 
 refer the subject of a permanent organization, 
 and the selection of persons to be nominated 
 for the several offices, to a committee ; upon 
 whose report, the meeting proceeds to organize 
 itself, conformably thereto, or in such other 
 manner as it thinks proper. 
 
 [The presiding officer is called the "speaker" 
 in Congress, and in the lower branches of all 
 our State legislatures, as well as in a few State 
 Senates. In the majority of State Senates 
 as well as in the U. S. Senate, he is deno- 
 minated the President. In both Houses of 
 the English Parliament he is called Speaker ; 
 the Lord Chancellor is Speaker of the House 
 ef Lords i the Commons elect their owd 
 
16 PARLIAMENTARY PRACTICE. 
 
 Speaker, whose election, on the following day, 
 must be approved by the Lord Chancellor, 
 (representing the crown) in the House of 
 Lords. The presiding officer is figuratively 
 denominated the chair in deliberative as- 
 semblies. The chairman of a town meeting, 
 and of religious bodies, is freipiently called the 
 Moderator — K n . ] 
 
 5. The presiding officer is usually denomi- 
 nated the^^r^.'^jW^^jY, and the recording officer, 
 the secretary; though, sometimes, these officers 
 are designated, res]>ectively, as the cJiairman 
 and clerk. It is not unusual, besides a presi- 
 dent, to have one or more vice-presidents ; who 
 take the chair, occasionally, in the absence of 
 the president from the assembly, or when he 
 withdraws from the chair to take part in the 
 proceedings as a member ; but who, at other 
 times, though occupying seats with the presi- 
 dent, act merely as members. It is frequently 
 the case, also, that several ])ersons are a|)- 
 pointed secretaries, in which case, the first 
 named is considered as the principal officer. 
 All the officers are, ordinarily, members of the 
 assembly* ; and, as such, entitled to participate 
 
 * In legislative bodies, tlie clerk is seldom or never a 
 member; and. in some, tlie presiding officer is not a mem- 
 ber ; as, for example, in the Senate of the United States, 
 the Senate of New York, and in some other State senates. 
 
« 
 
 ORGANIZATION. 17 
 
 in the proceedings ; except that the presiding 
 officer does not usually engage in the debate, 
 and votes only when the assembly is equally 
 divided. 
 
 [The Yice-Presiaent of the United States 
 is, by Constitutional provision, President of 
 the Senate of U.S. In the event of his death, 
 absence, or of the office of President of the 
 United States devolving upon him, the Senate 
 may elect a President pro tempore. In the 
 British House of Commons, the Clerk is ap- 
 pointed by the Crown. The Speaker elected 
 by the House at the instance of, and to be aj?- 
 proved by the Crown, {vide note^ Par. 4), does 
 not take part in a debate, offer his opinion, 
 or vote except in -case of equality, when he 
 has a casting vote. The Lord Chancellor, by 
 virtue of his office, is Speaker of the Lords, 
 and in his absence, the Chairman of the Com- 
 mittee of Ways and Means takes the Chair (as 
 be does also in the Commons, in the Speaker's 
 absence). The Speaker is not, as in the Lower 
 House, charged with the maintenance of order, 
 or the decision of who is to be heard, which 
 rests with the House itself. He can take part 
 in a debate ; he votes on divisions, but has no 
 casting vote, and on an equality, the " NoU' 
 contents," or Nays, prevail. — Ed.] 
 
18 PARLIAMEXTARY PRACTICE. 
 
 6. In all deliberative assemblies, the mem- 
 bers of which are chosen or appointed to rep- 
 resent others, it is necessary, before proceed- 
 ing to business, to ascertain who are duly 
 elected and returned as members ; in order not 
 onlv that no person maybe admitted to parti- 
 cipate in the proceedings who is not regularly 
 authorized to do so, but also that a list of the 
 members may be made for the use of the 
 assembly and its officers. 
 
 « 
 
 7. The proper time for this investigation is 
 after the temporary and bcfc^rc the perma- 
 nent organization ; or, when the asseml)ly is 
 permanently organized, in the first histance, 
 before it ])r()ceeds to the transaction of any 
 other business; and the most convenient mode 
 of conducting it is by the apjwintment of a 
 connnittee, to receive and report upon the cre- 
 dentials of the members. The same commit- 
 tee may also be charged with the investiga- 
 tion of rival claims, where any such are pre- 
 sented. 
 
 8. When a ipiestion arises, involving the 
 right of a member to his seat, such member is 
 entitled to be heard on the question, and he is 
 then to withdraw from the assembly until it is 
 decided ; but if, by the. indulgence of the as- 
 
RULES OF PROCEEDING. 19 
 
 sembly, he remains in his place, during the 
 discussion, he ought neither to take any fur- 
 ther part in it, nor to vote when the question 
 is proposed ; it being a fundamental rule of all 
 deliberative assemblies, that those members, 
 whose rights as such are not yet set aside, 
 constitute a judicial tribunal to decide upon 
 the cases of those whose rights of membership 
 are called in question.* Care should always 
 be taken, therefore, in the selection of the 
 officers, and in the appointment of commit- 
 tees, to name only those persons whose rights 
 as members are not objected to. [* " Each 
 house shall be judge of the elections, returns 
 and qualifications of its own members." — Sec. 
 5, (1) Constitution of the United States.] 
 
 9. The place where an assembly is held 
 being \n its possession, and rightfully appro- 
 priated to its use, no j^erson is entitled to be 
 present therein, but by the consent of the 
 assembly ; and, consequently, if any person 
 refuse to withdraw, when ordered to do so, or 
 conduct himself in a disorderly or improper 
 manner, the assembly may unquestionably 
 employ sufficient force to remove such person 
 from the meeting. [VideJ^m\ 316.] 
 
 10. Every deliberative assembly, by the 
 
20 PARLIAMENTARY rRACTICE. 
 
 mere fact of its being assembled and consti- 
 tuted, does thereby necessarily adopt and be- 
 come subject to those rules and forms of pro- 
 ceeding, without which it would be impossi- 
 ble for it to accomplish the purposes of its 
 creation.* It is perfectly comj)etent, however, 
 for every such body — and where the business 
 is of considerable interest and importance, or 
 likely to require some time for its accomplish- 
 ment, it is not unusual — to adopt also certain 
 special rules for the regulation of its proceed- 
 ings. Where this is the case, these latter 
 supersede the ordinary parliamentary rules, in 
 reference to all points to which they relate ; 
 or add to them in those particulars in refer- 
 ence to which there is no ])arliamentary rule ; 
 leaving what may be called the common par- 
 liamentarv law in full force in all other re- 
 spects. 
 
 [*ln England, one Parliament can bind its 
 successors by " Standing Orders," or regula- 
 lations, adopted at different periods, relating 
 to internal order, introduction of bills and 
 promulgation of statutes. A standing order 
 endures until repealed, (or " vacated," as it is 
 called in the Upper House); but each House 
 is also in tte practice of agreeing to certain 
 
RULES OF PEOCEEDIXG. 21 
 
 orders or resolutions of uncertain duration 
 declaratory of its practice, which are consider- 
 ed less formally binding than standing orders. 
 
 In the United States, on the contrary, each 
 deliberative body adopts its own rules, and 
 these, excej3t iis precedents^ (which necessarily 
 exercise a great moral force), are not binding 
 on its successors, or on any other assembly. 
 But all recognise the binding force of general 
 parliamentary law, without which every numer- 
 ous assembly would become a mob, — no sys- 
 tematic business could be transacted and no- 
 useful legislation would be possible. — Ed.] 
 
 11. The rules of parliamentary proceed- 
 ings in this country are derived from, and es- 
 sentially the same with, those of the British 
 parliament ; though, in order to adapt these 
 rules to the circumstances and wants of our 
 legislative assemblies, they have, in some few 
 respects, been changed, — in others, differently 
 applied, — and in others, again, extended be- 
 yond their original intention. To these rules, 
 each legislative assembly is accustomed to add 
 a cede of its own, by which, in conjunction 
 with the former, its proceedings are regulated. 
 The rules, thus adopted by the several legis- 
 lative assemblies, having be^n renewed in sue- 
 
22 PARLIAMENTARY PRACTICE. 
 
 cessive legislatures, — with such extensions, 
 modifications and additions as liave been from 
 time to time, thought necessary, — the result 
 is, that a system of j)arliamontary rules has 
 been established in each state, different in 
 some }>articulars from those of every otlier 
 state, but vet founded in and embracinfr all tlie 
 essential rules of the common )>arliame'Uary 
 law. 
 
 12. The rules of ]iroceeding, in each state, 
 beim; of course best known bv the citizens of 
 that state, it has sometimes haj>pened in de- 
 liberative assend>lies, tliat the proceedings 
 have l>een conducted not merelv accordin<4 to 
 the general parliamentary law, but also in con- 
 formity with the i)eculiar system of the state 
 in which the assembly was sitting, or of whose 
 citizens it was composed. This, however, is 
 erroneous; as no occasional assembly can ever 
 be subject to any other rules, than those which 
 are of general application, or which it speci 
 ally adopts for its own government ; and the 
 rules adopted and j>ractised upon by a legisla- 
 tive assembly do not thereby acquire the 
 character of general laws. [Par. 10, note.] 
 
 13. The judgment, opinion, sense, or will 
 of a deliberative assembly is expressed, accord 
 
RULES OF PROCEEDING. 23 
 
 ing to the nature of the subject, either by a 
 resolution, order, or vote. When it com- 
 mands, it is by an order ; but facts, principles, 
 its own opinions, or purposes, are most proper- 
 ly expressed in the form of a resolution ; the 
 term vote may be applied to the result of 
 every question decided by the assembly. In 
 whatever form, however, a question is propos- 
 ed, or by whatever name it may be called, the 
 mode of proceeding is the same. 
 
 14. The judgment or will of any number 
 of persons, considered as an aggregate body, 
 is that which is evidenced by the consent or 
 agreement of the greater number of them; 
 and the only mode by which this can be as- 
 certained, in reference to any particular sub- 
 ject, is for some one of them to begin by sub- 
 mitting to the others a proposition, expressed 
 in such a form of words, that, if assented to by 
 the requisite number, it will purport to ex- 
 press the judgment or will of the assembly. 
 This proposition will then form a basis for the 
 further proceedings of the assembly ; to be as- 
 sented to, rejected, or modified, according as 
 it expresses or not, or maybe made to express 
 the sense of a majority of the members. The 
 different j^roceedings which ^ake place, from 
 
24 PARLIAMENTARY PRACTICE. 
 
 the first sul)mission of a proposition, tliroagb 
 all tlie changes it may undergo, until the final 
 decision of the assenil>ly upon it, constitute 
 the subject of tlie rules of debate and ]u-oceed- 
 ing in deliberative assemblies. 
 
 15. If the }»roceedings of a deliberative as- 
 sembly were confined to the making of ])ropo- 
 sitions by the indivi<lual members, and their 
 acceptance or rejection by the votes of tlie 
 assemblv, there would be verv little occasion 
 for rules in such a body But tliis is not the 
 case. The functions of the members are not 
 limited to giving an affirmative or negative 
 to such questions as are j)roposed to them. 
 "When a })rop()sition is made, if it be not agreed 
 to or rejected at once, the assembly may be 
 unwilling to cop.sider and act uj)on it at all ; 
 or it may wish to postj)one the consideration 
 of the subject to a future time ; or it may be 
 willing to adopt tlie proposition with certain 
 modifications ; or, lastly, approving the subject- 
 matter, but finding it presented in so crude, 
 imperfect, or objectionable a form, that it can- 
 not in that state be considered at all, the as- 
 sembly may desire to liave the proposition 
 further examined and digested, before being 
 presented. In order to enable the assembly 
 
MAKING OF PROPOSITIONS. 25 
 
 to take whichever of the courses above indi- 
 cated it may think proper, and then to dispose 
 of every proposition in a suitable manner, cer- 
 tain motions or forms of question have been 
 invented, which are perfectly adapted for the 
 purpose, and are in common use in all de» 
 liberative assemblies. 
 
26 PARLIAMENTARY PRACTICE. 
 
 CHAPTER I. 
 
 OF CERTAIN PRKLIMINARY MATTERS. 
 
 ir». Before enterino; upon the subject of the 
 forms an<l rules of proceeding, in the trans- 
 action of business, it will be convenient to 
 consider certain matters of a preliminary 
 nature, which are more or less essential to 
 the reirularity, desj»atch, and etliciency of the 
 proecedings. 
 
 Section I. (Riorum.* 
 
 [* " The term quorum (literally, of ichom) 
 is one of the words used in England in the 
 Latin form of the conimicsion to justices of 
 the peace. The part of the document 
 wherein the word occurs reads tlius : * We 
 have assigned you, and every two or more of 
 you, quoruhi aliquem vestrum, A, B, C, D, 
 etc., loium esse vohmnis^ — i. c, of trhom we 
 will that any one of you, A, B or C, etc., 
 shall be one.' This made it necessary that 
 certain individuals, who, in the language of 
 the commission, were said to be of the 
 
QUORUM. 27 
 
 quorum^ should be present during the trans- 
 action of business." — Blackstone's Cotmneti- 
 taries, I. 352.] 
 
 17. In all councils, and other collective 
 bodies of the same kind, it is necessary, that 
 a certain number, called a quorum, of the 
 members, should meet and be present, in order 
 to the transaction of business. This regula- 
 tion has been deemed essential to secure fair- 
 ness of proceeding; and to prevent matters 
 from being concluded in a hasty manner, or 
 agreed to by so small a number of the mem- 
 bers, as not to command a due and proper 
 respect. 
 
 18. The number necessary to constitute a 
 quorum of any assembly may be fixed by law, 
 as is the case with most of our legislative as- 
 semblies; or by usage, as in the English 
 House of Commons [where forty constitute a 
 quorum ; in the House of Lords, three] ; or it 
 may be fixed by the assembly itself ; but if 
 no rule is established on the subject, in any 
 of these ways, a majority of the members 
 composing the assembly is the requisite num- 
 ber. 
 
 19. No business can regularly be entered 
 upon until a quorum is present ; nor can 
 
2S PARLIAMENTARY PRACTICE. 
 
 any business be regularly proceeded with 
 when it appears that the members present are 
 reduced below that number; consequently, 
 the j>residing officer ought not to take the 
 chair until the proper number is ascertained 
 to be })resei;t ; and if, at any time, in the 
 course of the j)roceedings, notice is taken that 
 a quorum is not })reseut, and, uj)on the mem- 
 bers being counted by the })residing officer, 
 sucli ai>pears to be tlie fact, the assembly 
 must be immediately adjourned. [See Yeas 
 and Nays, Par. 26.]' 
 
 Sect. II. lii less anu Orders. 
 
 20. Every deliberative assembly, as has 
 already been observed, is, bv the fact alone 
 of its existence, subject to those rules of pro- 
 ceeding, without which it could not accom- 
 plish the })urp08es of its creation. It may 
 also provide rules for itself, either in the form 
 of a general code established beforehand, or 
 by the adoption, from time to time, during its 
 sitting, of such special rules as it may find 
 necessary. 
 
 21. When a code of rules is adopted before- 
 hand, it is usual also to provide therein as to 
 the mode in which they may be amended, re- 
 
TIME OF MEETING. 29" 
 
 pealed, or dispensed with. Where there is 
 no such provision, it will be competent for 
 the assembly to act at any time, and in the 
 usual manner, upon questions of amendment 
 or repeal ; but in reference to dispensing with 
 a rule, or suspending it, in a particular case^ 
 if there is no express provision on the subject, 
 it seems that it can only be done by general 
 consent. [A motion to suspend the rules is 
 not debatable.] — Ed. 
 
 22. When any of the rules, adopter! by the 
 assembly, or in force, relative to its manner of 
 proceeding, is disregarded or infringed, every 
 member has the right to take notice thereof 
 and to require that the presiding officer, or 
 any other whose duty it is, shall carry such 
 rule into execution ; and, in that case, the 
 rule must be enforced, at once, without de- 
 bate or delay. It is then too late to alter, re-, 
 peal, or suspend the rule ; so long as any one 
 member insists upon its execution, it must be 
 enforced. 
 
 Sect. III. Time op Meeting. 
 
 28. Every assembly, which is not likely to 
 finish its business at one sitting, will find it 
 convenient to come to some order or resolu- 
 
30 PARLIAMENTARY PRACTICE. 
 
 tion beforehand, as to the time of reasseic 
 bling, after an adjournment ; '♦ being gener- 
 ally embarrassing to fix upon the lioiir for 
 this jiurpose, at the time when the sitting is 
 abont to close, and m connection with the 
 motion to adjourn. 
 
 Sect. IV. riiixciPLE of Decision. 
 
 24. The princij)le, upon which the deci- 
 sions of all affcrrei'ate bodies, such as councils, 
 corporations, and deliberative assemblies, are 
 made, is that of the majority of votes or 
 suffrages ; and this rule liolds not only in 
 reference to questions and subjects, which 
 admit only of an afhrniative on one side, and 
 a negative on tlie otlur, but also in reference 
 to eleciions in which more than two persons 
 may receive the suffrages. 
 
 25. But this rule may be controlled by a 
 special lule in reference to some particular 
 subject or question; by which any less num- 
 ber tlian a majority may be admitted, or any 
 greater number required to express the will 
 of the assembly. Thus, it is frequently pro- 
 vided, in legislative assemblies, that one-third 
 or one-fourth only of the members shall be 
 sufficient to require the taking of a question 
 
PRINCIPLE OF DECISIOX. 31 
 
 by yeas and nays,* and, on the other hand, 
 that no alteration shall take place in any of 
 the rules and orders, without the consent of 
 at least two-thirds, or even a larger number. 
 
 [* The " Yeas and Nays " is a mode of ex- 
 posing to their constituents the votes of mem- 
 bers of representative bodies which is peculiar 
 to the United States ; it is not practised in 
 the English parliament and other transatlantic 
 lescislatures ; and here its use is confined 
 almost exclusively to such bodies. 
 
 One of the standing rules of the Senate is 
 
 as follows, viz. : 
 
 " When the yeas and nays shall be called for by oue-fifth 
 of the Senators present, each Senator called upon shall, 
 unless for special reasons he be excused by the Senate, 
 declare openly and without debate his assent or dissent to 
 the question. In taking the yeas and nays, and upon a 
 call of the Senate, the names of the Senators shall be 
 called alphabetically." 
 
 But there is no rule or precedent to guide the Senate as 
 to what thev mav do if a Senator refuses to vote. Sup. 
 pose he is called again and again, and still contumaciously 
 stands out and refuses to vote, and is able to defeat a quo- 
 rum by that course, what is the Senate to do, or what can 
 it do? There is no time to pass a law or make a new 
 rule— no power to expel or punish the refractory member 
 
 Thus it is sometimes impracticable to se» 
 cure a quorum by an attempt to enforce this 
 rule, as appears in the proceedings of the sen- 
 
 ate February 23, 1871 : — 
 
 At 10 P. M., Mr. Conkling, late as it was, moved that 
 the Senate proceed to the consideration of House Bill No, 
 2.634, which was a bill to amend the act passed May 3]» 
 
32 I'ARLIAMKNl AUY rUACTlCE. 
 
 1870. entitled "An act to enfone the righto of ritizens />f 
 the Unitofl SuUo.'* to vote In the several Staten of thin 
 T'nion aiifl for (»llier jiurj >««*(•!♦," known iireneijilly an the 
 ** Force bill." This motion wai* rej*i>t«*«l vigorously by the 
 Democrat* present, of whom, out of a total of eleven in 
 tlic IkmIv. only four were then in their seat,**, viz. : MeK^rs 
 Bavani, (';.-serly. .lohnston. an«l Tlmrni.'in. 
 
 "fhere were not Repuhiirans eni>n);h in the cliamber to 
 mnstitnt*' a quorum, an«l wlien the \ote on taking up tlie 
 hill was Uik<-n, ♦lie four Democrat}* Mt in their heatj*, 
 and. witha\iew U) defi-at the ronsidenition of the hill. 
 refr»iiie<l from xotin^:. Wlien the vote wan ain)oun<ed 
 the pre^iilit)>; ollher (Mr. Carj^ejiter) !*tat«d that there was 
 not a quorum volius— the numl>er f.'iilin;: short h\ two. 
 
 The veiu« and nay» were rall^xl for and ordered, and tlie 
 roll rarte<I. an«l then Mr. Conklinp said: " I call tlie atten- 
 tion of tin- .'<<-n:ite and of the ("hair to the ride which im- 
 Ixtson {i\m>u .^v'uatonj preM-nt the obligation of voting, and 
 n that connection I call attention to the fact that the lion- 
 orahle Sfuatiir from(»hio(Mr T' ' ui\ the honorable 
 Senator from falifoniia (Mr ( • , the lu>norable 
 
 Sen.ntor front Delaware (Mr. Bayard i. and the hononihle 
 Senator from Virpiuia (Mr .lohnfton . all being now in 
 their M'atM, according to niy liearing «'f the roll call, have 
 not v«>t«<l. although their nantet« liave Ixen called. 
 
 Mr. Thiirm,i:) then onkcd Mr. Conklinp what h.» wan 
 going to do alxmt it. 
 
 ThereuiK)n Mr. ("ouklinc niove«l that the nanien of ifie 
 four SenaUirs who refused to \ote be cnlltd again, and it 
 vftin no orderoil. The name of Mr Ha\ard came first, and 
 when it wa« r;»lled lie arose and --aid : 
 
 Mr. President, is it the ruling of the Chair that I, 
 under the rules of the Senate, am com^iellcd to vote one 
 way or the other in this rase? I desire to l* excused 
 fnim Voting on thi.s question." 
 
 The Presiding Officer— The Chair is of opinion that tlie 
 Senat<^r from Delaware is too late to ask to le excused, 
 and that it was his duly to vote under the rule, and after 
 some debate his name was called once more and he voted 
 "NXv." 
 
 The Clerk then proceeded to a regular call of the list, 
 when Mr Conkling iiiteri>osed and directed him to call 
 only tlie four to whoiii :itt»iition had been called. 
 
 M»-- Cas.«»€rly said that as Mr. Bayard's request to be ex- 
 cused had beeu demed be wuuid uul a^k it 
 
OF THE OFFICERS. 33 
 
 The Presiding Officer— Does the Senator from California 
 Yote on this question either way? 
 
 Mr. Casserly made no reply. 
 
 Mr. Johnston said that as it was decided that a Sen- 
 ator being in his place should vote when called he would 
 
 ■do so, and th«n went on to say : "At the same time " 
 
 when the Cliair interposed and said debate was not in or- 
 der. Then Mr. Johnston voted " Nay." 
 
 The clerk then called the name of Mr. Thurman, and 
 there was no response, though he was in his seat. 
 
 There still being no quorum voting, a motion was made 
 that the sergeant-at-arms bring in the absentees. But 
 several Republican Senators came in just tlien and made 
 a quorum, and carried the motion to take up the bill. But 
 whether a Senator can be made to vote, if he persistently 
 refuses, and how to make him, are still unsolved problems. 
 
 CHAPTER II. 
 
 OF THE OFFICERS. 
 
 26. The usual and necessary officers of a 
 deliberative assembly are those already men- 
 tioned, namely, a presiding, and a recording, 
 officer ; both of whom are elected or appointed 
 by the assembly itself, and removable at its 
 pleasure. These officers are always to be 
 elected by absolute majorities, eve7i iVi those 
 states in which elections are usually effected 
 by a plurality,^ for the reason, that, being re- 
 movable at the pleasure of the assembly, if 
 
 any number short of a majority were to elect, 
 p. M. — 2 
 
34 PARl.IAMEXTAKY PRACTICE. 
 
 a person elected by any sucli less number 
 woul<l n<)t be able to retain liis ofiice for a 
 moment; inasmuch as he might be instantly 
 removed therefrom, on a (juestion made for 
 that j»urj)Ose, by the votes of those who had 
 voted for other }>ersons on the election ; an<l 
 it is essential to the due and satisfactory per- 
 formance of the functions of these officers, 
 that they should possess the confidence of the 
 assembly, whieh they cannot be said to do, 
 unless they have the suiTrages of at least a 
 majority. 
 
 [* In this sentence, whieh we have itali- 
 cizA'd, the author evidently means that the 
 practice of electing officers by a }>lurality does 
 not Work well, n«>r jTomote harmony in the 
 assembly adoj>ting it, in conformity with a 
 sj>ecial law, or by its own vote. In a factious 
 assembly, dominated by party spirit, it is 
 sometimes a tedious work to secure a majority 
 for the election of Speaker, and its organization 
 is thereby seriously delayed. But a candidate 
 sufficiently popular to secure a majority of 
 the votes, and to retain the respect of mem- 
 bers, should, if possiVjle, be nominated and 
 elected irrespective of partisan considerations, 
 as president of every deliberative body. — Ed.^ 
 
THE PRESIDING OFFICER. 35 
 
 Sect. I The Presiding Officer. 
 
 27. The principal duties of this officer are 
 the following ; — 
 
 To open the sitting, at the time to which 
 the assembly is adjourned, by taking the chair 
 and calling the members to order ; 
 
 To announce the business before the as- 
 sembly in the order in which it is to be acted 
 upon ; 
 
 To receive and submit, in the proper man- 
 ner, all motions and propositions presented by 
 the members ; 
 
 To put to vote all questions, which are 
 regularly moved, or necessarily arise in the 
 course of the proceedings, and to announce 
 the result ; 
 
 To restrain the members, when engaged in 
 debate, within the rules of order ; 
 
 To enforce on all occasions the observance 
 of order and decorum among the members ; 
 
 To receive all messages and other com- 
 munications and announce them to the as- 
 sembly ; 
 
 To authenticate, by his dgnature, when 
 necessary, all the acts, orders, and proceedings 
 of the assembly ; 
 
 To inform the assembly, when necessary, or 
 
36 PARLIAMENTAllY PRACTICE. 
 
 when referred to for the jmrpose, in a poir.t of 
 order or practice ; 
 
 To name the members (when directed to do 
 so in a particular case, or when it is made a 
 part of his general duty by a rule,) who are to 
 serve on committees ; and, in general. 
 
 To represent and stand for the assembly, 
 declaring its will, and, in all things, obeying 
 implicitly its commands. 
 
 28. If the assembly is organized by the 
 choice of a president, and vice-presidents, it is 
 the duty of one of the latter to take theciiair, 
 in case of the absence of the ])resident from 
 the assembly, or of liis withdrawinjjr from the 
 chair for the jmrpose of participating in the 
 proceedings. 
 
 29. Where but one j)residing officer is ap- 
 pointed, in the first instance, his place can 
 only be supplied, in case of his absence, by 
 the appointment of a }>resident or chairman 
 pro te?f)pore; and, in the choice of this officer, 
 who ought to be elected before any other 
 business is done, it is the duty of the secre- 
 tary to conduct the proceedings. 
 
 30. The presiding officer may read sitting, 
 but should rise to state a motion, or put a 
 question to the assembly. 
 
SECRETARY OR CLERII. 37 
 
 Sect. II. The Recording Officer. 
 
 31. The principal duties of this officer con* 
 sist ill taking notes of all the proceedings, and 
 in making true entries in his journal of all " the 
 things done and past " in the assembly ; but 
 he is not, in general, required to take minutes 
 of '' particular men's speeches," or to make 
 entries of things merely proposed or moved, 
 without coming to a vote. He is to enter 
 what is done and past, but not what is said 
 or moved. This is the rule in legislative 
 assemblies. In others, though the spirit of 
 the rule ought to be observed, it is generally 
 expected of the secretary, that his record shall 
 be both a journal and in some sort a report of 
 the proceedings. 
 
 32. It is also the duty of the secretary to 
 read all papers, &c., which may be ordered to 
 be read ; to call the roll of the assembly, and 
 take note of those who are absent, when a call 
 is ordered ; to call the roll and note the an- 
 swers of the members, when a question is 
 taken by yeas and nays ; to notify committees 
 of their appointment and of the business re- 
 ferred to them ; and to authenticate by his 
 sijjnature (sometimes alone and sometimes ia 
 
38 PARLIAMEXTARY PRACTICE. 
 
 conjunction with the president) all the acts, 
 orders, and proceedings of the assembly. 
 
 33. Tlie clerk is also charujed with the ciis- 
 tody of all the j)aper8 and dociunents of every 
 description, belonging to the assembly, as well 
 as the journal of its proceedings, and is to let 
 none of them be taken from the table by any 
 member or other person, without the leave or 
 order oi the assembly. [The secretary, by the 
 consent of a majority ascertained by motion, 
 question, or vote, may enter the ^>ro^<'W5 of 
 members against any measure, and their 
 reasons therefor, upon the journal. In some 
 of the States, this right of members of legisla- 
 tive bodies is secured and regulated by con- 
 stitutional provision, but the right is admitted 
 in all deliberative assemblies by rule, vote, or 
 otherwise. — Ed]. 
 
 34. When but a single secretary or clerk 
 is apjiointed, his place can only be sup})lied, 
 during his absence, by the appointment of 
 some one to act pro tempore. When several 
 persons are appointed, this inconvenience is 
 not likely to occur. 
 
 35. The clerk should stand while reading or 
 calling the assembly. 
 
DEPORTMENT OF MEMBERS, 39 
 
 CHAPTER III. 
 
 OP THE RIGHTS AND DUTIES OF THE MEMBERS. 
 
 3G. The rights and duties of the members of 
 a deliberative assembly, as regards one another, 
 are founded in and derived from the principle 
 of their absolute equality among themselves. 
 Every member, however humble he may 
 be, has the same right with every other, to sub- 
 mit his propositions to the assembly, — to ex- 
 plain and recommend them in discussion,— and 
 to have them patiently examined and deliber- 
 ately decided upon by the assembly ; and, on 
 the other hand, it is the duty of every one so 
 to conduct himself, both in debate, and in his 
 general deportment in the assembly, as not to 
 obstruct any other member, in the enjoyment 
 of his equal rights, ,^The rights and duties of 
 the members require to be explained only in 
 reference to words spoken in debate (whether 
 spoken of a member or otherwise) and to 
 general deportment. The first will be most 
 conveniently noticed in the chapter on debate ; 
 the other will be considered in this place. 
 
4U PARLIAMENTARY PRACTICE. 
 
 37. Th?, obse»*vanpc of decorum, by tbe 
 members of a deliberative assembly, is not 
 only due to themselves and to one another, na 
 gentlemen assembled together to deliberate 
 on matters of common importance and interest, 
 but is also essential to the recjular and satis- 
 factory proceeding of such an assembly. The 
 rules on this subject, though generally laid 
 down with reference to decorum in debate, 
 are equally applicable whether the assembly 
 be at the time engaijjed in debate, or not ; and, 
 therefore, it may be stated, generally, that no 
 member is to disturb another, or the assembly 
 itself, by hissing, coughing, or s]>itting ; by 
 speaking or whispering to other members; by 
 standing up to the interruption of others ; by 
 passing between the ])residing officer and a 
 member 6j>eaking ; going across the assembly 
 room, or walking up and down in it ; taking 
 books or j)apers from the table, or writing 
 there. 
 
 38. All these breaches of decorum are 
 doubtless aggravated by being committed 
 while the assembly is engaged in debate, 
 though equally contrary to the rules of pro- 
 priety, under any other circumstances. As- 
 saults, by one member upon another, — threats, 
 
BREACHES OF DECORUM. 41 
 
 — challenges, — affrays, &c., are also high 
 breaches of decorum. 
 
 39. It is also a breach of decorum for a 
 member to come into the assembly room with 
 his head covered, or to remove from one place 
 to another with his hat on, or to put his hat 
 on in coming in or removing, or, until he has 
 taken his seat ; and, in many assemblies, 
 especially those which consist of a small 
 number of members, it is not the custom ta 
 have the head covered at all. 
 
 40. In all instances of irregular and dis- 
 orderly deportment, it is competent for every 
 member, and is the special duty of the pre- 
 siding officer, to complain to the assembly, or 
 to take notice of the offence, and call the at- 
 tention of the assembly to it. When a com- 
 plaint of this kind is made by the presiding 
 officer, he is said to name the member offend- 
 ing ; that is, he declares to the assembly, that 
 such a member, calling him by name, is guilty 
 of certain irregular or improper conduct. The 
 member, who is thus charged with an offence 
 against the assembly, is entitled to be heard 
 in his place in exculpation, and is then to 
 withdraw. Being withdr'awn, the presiding 
 officer states the offence committed, and the 
 
42 PARLIAMENTARY PRACTICE. 
 
 assembly proceeds to consider of the degree 
 and amount of ])unishment to be inflicted* 
 The assembly may allow the member com- 
 plained of to remain, when he offers to with- 
 draw; or, on the other hand, it may require 
 him to withdraw, if he do not offer to do so of 
 his own accord. The })rocceding8 are similar, 
 when the comjdaint is made by a member, 
 except that the offence is stated by such 
 member, instead of beini; stated by the pre- 
 siding officer. 
 
 41. Xo member ought to be present in the 
 assembly, when any matter or business con- 
 cerning himself is debating ; nor, if ]>resent, 
 by the indulgence of the assembly, ought he 
 to vote on any such question. Whether the 
 matter in question concern his ju'iyate interest, 
 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 exculpation 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 disallowed ; it being contrary, not 
 only to the laws of decency, but to the funda- 
 mental principle of the social compact, that a 
 man should sit and act as a judge in his own case. 
 
PUNISHMENT OF MEMBERS. 43 
 
 42. The only punishments, which can be in- 
 flicted upon its members by a deliberative 
 assembly of the kind now under consideration, 
 consist of reprimanding, — exclusion from the 
 assembly, — a prohibition to speak or vote, for 
 a specified time, — and expulsion ; to which 
 are to be added such other forms of punish- 
 ment, as by apology, begging pardon, &c., as 
 the assembly may see fit to impose, and to 
 require the offender to submit to, on paia of 
 expulsion. 
 
 CHAPTER IV. 
 
 OF THE INTRODUCTION OF BUSINESS. 
 
 43. The proceedings of a deliberative as- 
 sembly, in reference to any particular subject, 
 are ordinarily set in motion, in the first in- 
 stance, by some one of the members either 
 presenting a communication from persons not 
 members, or himself submitting a proposition 
 to the assembly. 
 
 44. Communications made to the assembly 
 are of two kinds, namely, those which are 
 merely for its information in matters of fact, 
 
14 PARLIAMENTAKi' PRACTICB. 
 
 And those which contain a request for some 
 Action on the part of the assembly, either of a 
 general nature, or for the benefit of an in- 
 dividual. The latter only, as they alone con- 
 ititute a foundation for future proceedings, 
 require to be noticed. 
 
 45. Pro[>ositions made by members are 
 drawn up and introduced, by motion, in the 
 form which tliey are intendetl by the mover 
 to bear, as orders, resolutions, or votes, if they 
 should be ad«>pted by the assembly. These 
 propositions, of whatever nature they may be, 
 are usuallv denominate*! motions, until they 
 are adopted ; they then take the name which 
 properly belongs to them. 
 
 4G. When a member has occasion to make 
 any communication whatever to the assembly, 
 — whether to present a petition or other ]>aper, 
 or to make or second a motion of any kind, or 
 merely to make a verbal statement, — as well 
 as when one desires to address the assembly 
 in debate, he must in the first place, as the 
 expression is, " obtain the floor " for the })ur- 
 pose he has in view. In order to do this, he 
 must rise in his place,* and, standing un- 
 
 • In the house of representatives of Massaohnsetts. where 
 each juember's seat is regularly assigned to him, aud 
 
OBTAINING THE FLOOR. 45 
 
 covered, address himself to the presiding 
 officer, by his title; the latter, on hearing 
 himself thus addressed, calls to the member by 
 his name; and the member may then, but not 
 before, proceed with his business. 
 
 47. If two or more members rise and ad- 
 dress 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 satisfac- 
 tory, 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 negative, then upon 
 the name of the member for whom the floor 
 was claimed in opposition to him. 
 
 48. The mode of proceeding upon such 
 
 communications from persons not members, 
 
 as are above alluded to, may be explained by 
 
 numbered, 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 addressee the 
 speaker from the area, the passage wav= or the seat of aujr 
 other member. 
 
46 PARLIAMENTARY rBACTlCE. 
 
 that adopted on the presentation of a petition, 
 which may be considered as the representative 
 of the whole class to which it belongs. 
 
 49. A petition, in order to be received, 
 should be subscribed by the 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. The member, who presents a petition, 
 should previously hav« informed himself of 
 its contents, so as to be able to state the sub- 
 stance of it, on offering it to the assembly, 
 and also to be prepared to say, if any question 
 should be made, that in his judgment it is 
 couched in })roper language, and contains 
 nothing intentionally disresjjectful to the 
 
 assemblv. 
 
 51. Being thus prepared, the member rises 
 in nis place, with the petition in his hand, and 
 info«-ms the assemblv that he has a certain 
 petition, stating the substance of it, which he 
 thereupon presents or offers to the assembly, 
 and, at the same time moves (which, however, 
 may be done by any other member) that 't 
 
PRESENTATIOX OF A PETITION. 47 
 
 be received; this motion being seconded, the 
 question is put whether the assembly will 
 receive the petition or not. This is the regu- 
 lar course of proceeding ; 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, how- 
 ever, any objection is made to a petition, before 
 it has been otherwise disposed of, the presid- 
 ing officer ought to retrace his steps and re- 
 quire a motion of reception to be regularly 
 made and seconded. 
 
 52. If the question ot reception is deter- 
 mined in the affirmative, the petition is 
 brought up to the table by the member pre- 
 senting 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 pro- 
 per; the usual course being either to proceed 
 to consider the subject of it immediately, or 
 to assign some future time for its considera- 
 tion, or to order it to lie on the table for the 
 examination and consideration of the members 
 individually. 
 
 53. Whenever a member introduces a pro- 
 position of his own, for the consideration of 
 
i8 PARLIAMENTAlir PRACTICE. 
 
 the assembly, he puts it into the form he 
 desires it should have, and then moves that it 
 be adopted as the resolution, order, or vote 
 of the assembly. If this proposition so far 
 meets the ajtprobation of other members, that 
 one of them rises in his i>lace and seconds it, 
 it may then be ]>ut to the question ; anil tlie 
 result, whether affirmative or negative, becomes 
 the judgment of the assembly. 
 
 54. A motion must be submitted in writing; 
 otherwise the presiding officer will be justified 
 in refusing to receive it ; he may do bo, how- 
 ever, if he ]>leascs, and is willing to take the 
 trouble himself to reduce it to writing. This 
 rule extends only to principal motions, which, 
 when a(loj)ted, become the act and express 
 the sense of the assembly ; but not to sub- 
 sidiary 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 a motion to 
 amend, which is a subsidiarv 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. 
 
 • Such as, to adjourn.— lie on the table,— for the pr©» 
 vious question,— for poBtpoueiueut,— commitmeut, &c. 
 
MAKING A MOTION. 49 
 
 55. A motion must also be seconded, that 
 is, approved by some one member, at least, ex- 
 pressing 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 ordinary routine of 
 business, are admitted without being seconded. 
 This rule applies as well to subsidiary as prin- 
 cipal 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 any thing 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 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. 
 
 56. When a motion has been made and 
 seconded, it is then to be stated by the presid- 
 ing officer to the assembly, and thus becomes 
 a question for its decision ; and, until so stated, 
 
50 PARLIAMENTARY PRACTICE. 
 
 it is not in order for any other motion to be 
 made, or for any member to speak to it ; but, 
 when moved, seconded, and stated from the 
 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. [In the 
 }>ritish, House of Commons, a motion must 
 be reduced to writing by the mover, and 
 delivered to the Speaker, wlio, when it has 
 been seconded, (a seconder is not required in 
 the House of Lords), puts it to the House • 
 it cannot then be withdrawn without leave of 
 the House. When an amendment is proposed 
 to a question, the original motion cannot be 
 withdrawn till the amendment.has been either 
 withdrawn or negatived. An amendment is 
 properly such an alteration of a motion by 
 striking out or adding words, or both, as 
 may enable members to vote for it who 
 would not have done so otherwise. 
 
 In this country the practice has become less 
 strict since Mr. Gushing wrote. '■^Amotion 
 c<m he wit/idratrn, by the mover, or modified in 
 jifiraseology^ at a?i)/ time before a decision or 
 aynendment by the assembly ^ After a vote on 
 
MOTION MADE AND STATED. 51 
 
 any amendment offered to it, it cannot be 
 withdrawn or modified except by consent of 
 a majority of the assembly '* obtained by a 
 motion made and seconded as in other 
 eases." [Se« Par. 92. — Ed.] 
 
 57. When a motion is regularly before the 
 assembly, it is the duty of the j^residing officer 
 to state it, if it be not in writing, or to cause 
 it to be read, if it be, as often as any member 
 desires to have it stated or read for his in- 
 formation. 
 
 58. When a motion or proposition is regu- 
 larly before the assembly, no other motion 
 can be received, unless It be one which is pre- 
 vious in its nature to the question under con- 
 sideration, and consequently entitled to take 
 its place for the time being, and be first de- 
 cided. 
 
 CHAPTER V. 
 
 OF MOTIONS IN GENERAL. 
 
 59. When a proposition is made to a delibei^ 
 ative assembly, for its adoption, the proposi- 
 tion may be in such a form as to be put to the 
 question, and the assembly may be in such a 
 state as to be willingr to come to a decision 
 
52 PARLIAMENTARY PKACTICK, 
 
 upon it, at once ; and wlien this is the case, 
 nothing more can be necessary tiian to take 
 the votes of the members, and ascertain the 
 result. But a different state of thinsrs may 
 and commonly does exist ; the assembly may 
 prefer some other course of proceeding to an 
 immediate decision of the 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 proposi- 
 tion which may be made to it, certain forms 
 v)f question have from time to time been in- 
 vented, and are now in general use, for that 
 purpose. Tliese forms of question may prop- 
 erly be called subifidiart/, in order to distinguish 
 them from the principal motion or question to 
 which they relate. 
 
 OU. The different states of mind, in which a 
 proposition may be received by a deliberative 
 assembly, and the corresponding forms of pro- 
 ceeding, or subsidiary motions, to which they 
 give rise, in order to ascertain the sense of the 
 assembly, are the followinjr : — 
 
 First. The assembly may look upon the 
 proposition as useless or inexpedient ; and may 
 therefore desire to sup])ress it, either for a 
 time, or altogether. The subsidiary motions. 
 
SUBSIDIARY MOTIONS. 
 
 53 
 
 for this purpose, are the previous question, 
 and indefinite postponement. 
 
 Second. The assembly may be willing to 
 entertain and consider of a proposition, but 
 not at the time when it is made ; either 
 because more information is wanted by the 
 members in<lividually ; or because they desire 
 further time for reflection and examination ; 
 or because the assembly is then occupied with 
 some other matter, which has more pressing 
 claims upon its present attention. The usual 
 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 introduced may be so defeective, 
 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 com- 
 mittee. 
 
 Fourth, The proposition may be acceptable, 
 and the form in which it is presented so far 
 satisfactory, that the assembly may be willing 
 to consider and act upon it, with such altera- 
 
54 PARLIAMENTARY PRACTICE. 
 
 tions and ameiulments as may be thought 
 proper. The motion atlapted to this case is 
 to amend. 
 
 61. It is not to be supposed that the sub- 
 sidiary motions above s])ecified are the only 
 ones tliat have at anv time l)een ado})ted 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 entirely sulVicient for all 
 practical purposes.* Neither is it to be sup- 
 poseii, that these motions are always applied 
 strictly to the cases to whicli they most appro- 
 priately belong; several of them are frequently 
 use<l to effect jturposes, for which others 
 would be more proper. These misapplica- 
 tions will be taken notice of, under the heads 
 of the several motions. 
 
 • It is usual, iu legislative .issemblies, to provide by a 
 jspecial rulo. bi)tli ;is to tlie i>articulnr motions to be used, 
 and the order in which they may be made. Thus, the rule 
 in the house of represenUitives of congress, (which is also 
 adopted iu the house of representatives of Massachusetts,) 
 is, that, " when a question is under debate, no motiou 
 shall be received, but to adjourn, to lie on the table, for the 
 previous question, to postpone to a day certiiin, to couunit. 
 to amend, to i)Ostpone indefinitely, which several motions 
 shall have precedence iu the order in which they are ar- 
 ranged." 
 
PREVIOUS QUESTION, 56 
 
 CHAPTER VI. 
 
 OF MOTIONS TO SUPPRESS. 
 
 62. When a proposition is moved, which 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 pro- 
 position may be suppressed for a time by 
 means of the previous question, or altogether 
 by a motion for indefinite postponement. 
 
 Sect. I. Previous Question. 
 
 63. The original and proper parliamentary 
 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 sub- 
 sidiary motions for that purpose ; although, 
 in this country, it has been perverted to a 
 wholly different use, namely, the suppression 
 of debate. This consideration, in connection 
 with the difficulty of the subject, and the im- 
 portance of a correct understanding of it, 
 makes it proper to devote more room to the 
 
56 PARLIAMENTARY TRACTICE. 
 
 previous question, than needs to be given to 
 most of the other subsidiary motions. It will 
 first be considered according to its original 
 use and intention ; and, afterwards, as used 
 in this country. 
 
 64. There are several motions, which 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 the previous qf(€stio?i, 
 which has for its object the suj)pression of a 
 principal motion or question. This motion 
 was introduced into the bouse of commons in 
 EnMand, more than two centuries ago, for the 
 purpose of suppressing subjects of a delicate 
 nature, relating to high personages, or the dis- 
 cussion of which might call forth observations 
 of an injurious tendency. When first made 
 use of, the form of the motion was, s/udl the 
 7nain question be put? and the effect of a de- 
 cision of it in the negative was to suppress the 
 main question for the whole session. The 
 form of it was afterwards changed to that 
 which it has at j»resent,nan-iely, shall the main 
 Question be non^ pnd? and the effect of anega- 
 ^/ve decision of it now is to suppress the main 
 question for the residue of the day only. The 
 
PREVIOUS QUESTION. 57 
 
 operation of this motion, in suppressing tlie 
 question to whicli it is applied, results from 
 the principle, that no further consideration or 
 discussion can regularly be had of a subject, 
 which it has been decided shall not be put 
 to the question ; and, therefore, when on the 
 motion 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. But the previous question may be de- 
 cided in the affirmative, as well as the nega- 
 tive, that is, that the main question shall now 
 be put; in which case, that question is to be 
 put immediately, without any further debate, 
 and in the form in which it then exists. This 
 operation of the previous question, when de- 
 cided affirmatively, has led to the use of it for 
 the purpose of suppressing debate on a prin- 
 cipal 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 
 
58 PARLIAMENTARY PRACTICE. 
 
 States.* The operation of a negative decision 
 is different in different assemblies ; in some, 
 as, for example, in the house of representa- 
 tives of congress, it operates to dispose of the 
 principal or main question by suppressing or 
 removinc: it from before the house for the day ; 
 but in others, as in the liouse of representa- 
 tives 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 to leave the main question under 
 debate for the residue of the sitting, unless 
 sooner disposed of by taking the question, or 
 in some other manner. 
 
 66. In England, the previous question is 
 used only for suppressing a main question ; 
 the object of the mover is to obtain a decision 
 of it in the negative ; and the effect of such a 
 
 • Mr. .TefTerson (Manual, § xxxiv.) considers this exten- 
 sion of the pKevious question as au 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 possi- 
 ble." Notwithstanding this suggestion, however, the use ^ 
 of the previous question, as above stated, has become so 
 firmly established, that it cannot now be disturbed or un- 
 settled. 
 
INDEFINITE POSTPONEMENT. 59 
 
 decision, though in strictness only to suppress 
 the question for the day, is, practically and by 
 parliamentary usage, to dispose of the subject 
 altogether. In this country, the previous ques- 
 tion is used chiefly for suppressing debate on 
 a main question ; the object of the mover is 
 to obtain a decision of it in the afiirmative ; 
 and the effect of a decision the other way, 
 though in some assemblies operating techni- 
 cally 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 subject 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, and without further 
 debate, delay, or consideration. 
 
 Sect. II. Indefinite Postponement. 
 
 67. In order to suppress a question alto, 
 gether, without coming to a direct vote upon 
 it, in such a manner that it cannot be renewed, 
 the proper motion is for indefinite postpone- 
 ment ; that is, a postponement or adjournment 
 
RO PARMAT^rKXTAUV PRATTICE. 
 
 of the question, without fixing any clay for re- 
 suming it. The effectoftliis motion, if decided 
 in the affirmative, is to quash the jn'oposition 
 entirely ; as an indefinite adjournment is equiv- 
 alent to a dissolution, or the continuance of 
 a suit, without day, is a discontinuance of it. 
 A nerjative decision has no effect whatever. 
 
 [This motion cannot be amencled. It can- 
 not he moved while the motions to commit or 
 for the previous question are pending. As its 
 effect is to " quash the proposition entirely," 
 it necessarily brings up the whole subject for 
 discussion, in order that its friends may allege 
 reasons for coming to a direct vote upon it ; 
 for if the motion to indefinitely postpone pre- 
 vails, the measure projmsed cannot be renewed 
 during the session. — Ei>.] 
 
 CIIAPTEU VII. 
 
 OF MOTIONS TO POSTPONE. 
 
 68. If the asserablv is willinir to entertain 
 
 ^ and consider a question, but not at the time 
 
 when it is moved, the proper course is either 
 
 to postpone the subject to another day, or to 
 
 order it to lie on the table. 
 
LIE OX THE TABLU. 
 
 61 
 
 69. When the members individually want 
 more information than they possess, at the 
 time a question is moved, or desire further 
 time for reflectio^i and examination, the pro- 
 per motion is, to postpone the subject to such 
 future day as will answer the views of the 
 assembly. 
 
 70. This motion is sometimes used improp- 
 erly, to get rid of a proposition altogether, as 
 would be done by an indefinite postponement. 
 This is effected by fixing upon a day, which, 
 according to the common course of things, 
 will not arrive until after the assembly has 
 been brous^ht to a close. But a motion, word- 
 ed in this manner, is precisely equivalent to a 
 motion for indefinite postponement, and should 
 be so considered and treated. 
 
 71. If the assembly has something else be- 
 fore it, which claims its present attention, and 
 is therefore desirous to postpone a particular 
 proposition, until that subject is disposed of, 
 such postponement may be effected by means 
 of a motion that the matter in question lie on 
 the table. If this motion prevails, the subject 
 80 disposed of may be taken up, at any time 
 afterwards, and considered, when it may suit 
 the convenience of the assembly. 
 
6- PAP.LIAMEXTARV PRACTICE 
 
 72. Tin's motion is also sometimes maJeuse 
 of for the final disposition of a subject ; and 
 it always has that effect, when no motion is 
 afterwards made to take it up. 
 
 [In Congress, as well as in other deliberative 
 bodies, debate is not allowed on the motions 
 to postpone to a day certain, or to lie on the 
 table ; for the effect of these motions is only to 
 defer measures temporarily, which may be 
 fully discussed when the })roper time arrives. 
 A member may speak strictly to the motion ; 
 but not as to the merits of the question post- 
 poned. The motion may be amended by sub- 
 stitutinc: one day for another. The motion 
 to lie on the table is not subject t,o amend- 
 ment. — Ed.] 
 
 CHAPTER VIII. 
 
 OK MOTIONS TO COMMIT. 
 
 73. The third case for the use of a sub- 
 sidiary motion, as already stated, occurs, when 
 the subject-matter of a proposition is regarded 
 with favor, but the form in which it is intro- 
 duced is 80 defective, that a more careful and 
 
COMMITMENT. 63 
 
 deliberate consideration is necessary, tlian 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 com- 
 mitment, or, if the subject has already been in 
 the hands of a committee, a recommitment. 
 
 74. If there is a standing committee of the 
 assembly, whose functions embrace the subject 
 in question, the motion should be to refer it to 
 that committee ; if there is no such committee, 
 then the motion should be to refer to a select 
 committee. If it is a matter of doubt, whether 
 a particular standing committee is appropriate 
 or not, and propositions are made for a reference 
 to that committee, and also for a reference to 
 a select committee, the former proposition 
 should be first put to the question. 
 
 75. When a subject is referred or recom- 
 mitted, the committee mav be instructed or 
 ordered by the assembly, as to any j^art or 
 the whole of the duties assigned them ; or 
 the subject may be left with them without 
 instructions. In the former case, the in- 
 structions must be obeyed, gf course ; in the 
 latter, the committee have full power over 
 the matter, and may report upon it, in any 
 
64 PARLTAMEXTARY PRACTICE. 
 
 manner they please, provided they keep with- 
 in the recoirnizod forms of parliamentary 
 proceedings. 
 
 76. A ])art only of a subject may be com- 
 mitted, without the residue ; or different 
 parts n.ay be cotnmitted to different rom 
 niitteos. 
 
 77. A commitment with instructions is 
 sometimes made use of, as a convenient mode 
 of procuring further information, and, at the 
 same time, of postponing the consideration of 
 a subject to a future tiiough uncertain day. 
 
 [The merits of the j)roposition aic not open 
 to discussion, for the reason stated in note, 
 prir. 7*2, unless instructions are added to the 
 motion to commit — then the subject matter 
 may be debated. — Ed.] 
 
 CHAPTER IX. 
 
 OF MOTIONS TO AMEND. 
 
 78. The last case, for the introduction of 
 subsidiary motions, is when the assembly is 
 satisfied with the subject-matter of a proposi- 
 
DIVISION OF QUESTIONS. 65 
 
 tioii, but not with the form of it, or with all 
 its different parts, or desires to make some 
 addition to it. The course of proceeding 
 .ihen is, to bring the proposition into the 
 proper form, and make its details satisfactory, 
 by means of amendments, or oi certain pro- 
 ceedino-s of a similar character, and havino: 
 the same general purpose in view. The latter 
 will be first considered. 
 
 Sect. I. Division of a Question. 
 
 79. When a proj30sition or motion is com- 
 plicated, that is, composed of two or more 
 parts, which 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 upon and 
 decided by the assembly. This division may 
 take place by the order of the assembly, on a* 
 motion regularly made and seconded for the 
 purpose. 
 
 80. When a motion in thus divided, it lic- 
 
 comes a series of questions, to be considered 
 P. M. — 3 
 
B6 PARLIAMENTARY TRACTICE. 
 
 and treated each by itself, as an inclqn.'nclent 
 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 bv strikinij out the 
 several j>arts had been made and jnit to the 
 questi(>n. WIk'ii a motion for a division is 
 made, the mover ought to specify in his mo- 
 tion the maimer in which he j>roposes to make 
 the division ; and tliis motion, like every other 
 of the nature of an amendment, is itself sus- 
 cejitible of amendment. 
 
 81. It is sometimes asserted, that it is the 
 rifjht of everv individual member to have a 
 complicated (piestion (provided it is suscep- 
 tible of division) divided into its several })art8, 
 and a question put separately on each, on his 
 mere demand, and without any motion or any 
 vote of the assembly for that }>urpose. But 
 this is a mistake ; there is no such rule of 
 parliamentary proceeding ; a complicated ques- 
 tion can only be separated by moving amend- 
 ments to it in the usual manner, or bv moving 
 for a division of it in the manner above 
 stated. 
 
 82. It is not unusual, however, for a delib- 
 erative assembly to have a rule providing for 
 
FILLING BLANKS. 67 
 
 the division of a complicated question (pro- 
 vided it is susceptible of division) into its 
 several parts, upon the demand of a member. 
 When this is the case, it is for the presiding 
 officer (subject of course to the revision of the 
 assembly) to decide, when the division of a 
 motion is demanded, first, whether the propo- 
 sition is susceptible of division, and, secondly, 
 into how many and what parts it may be 
 divided. 
 
 83. 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 others may stand entire and by them- 
 selves ; but a qualifying paragraph, as, for 
 example, an exception or a proviso, if sep- 
 arated from the general assertion or state- 
 ment to which it belongs, does not contain an 
 entire point or proposition. 
 
 Sect. II. Filling Blanks. 
 
 84. It often happens, that a proposition is 
 introduced with blanks purposely left by the 
 mover to be filled by the assembly, either 
 with times and numbers, or with provisions 
 analogous to those of the proposition itself. 
 
68 PAELIAMENTARY rRACTICE. 
 
 In the Inttcr case, blanks are filled in the 
 same way, that other amendments by the 
 insertion of words are made. In the former, 
 propositions to fill blanks are not considered 
 as amendments to the question, but as origi- 
 nal motions, to be made and decided before 
 the princi])al (juestion. 
 
 85. When a blank is left to be filled with a 
 time or number, motions may be made for 
 that purpose, and the question taken on each 
 bv itself, and before another is made; or 
 several motions may be miule and ])i'nding 
 before any of them are put to the question. 
 This last mode of proceeding, which is the 
 most usual as well as convenient, requires 
 that the several propositions should be ar- 
 ranged, and the question taken on them, in 
 such order as will the soonest and with the 
 most certaintv enable the assembly to come 
 to an aofreement. 
 
 8G. In determining upon the order to be 
 adopted, the object is not to begin at that ex- 
 treme, which and more being witiiin every 
 man's wish, no one can vote against it, and, 
 yet, if it should be carried in the affirmative, 
 every vjuestion for more would be precluded ; 
 but, at that extreme, which will be likely to 
 
ADDITION — SEPARATION. 69 
 
 unite the fewest, and then to advance or 
 recede, until a number or time is reached, 
 which will unite a majority. 
 
 87. Hence, when several different j^roposi- 
 tions 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 irredeema- 
 bility of a ^oan, — or the terminus in quern 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 ses- 
 sion of a legislative assembly shall be closed, 
 by adjournment, — on what day the next ses- 
 sion shall commence, — or the terminus a quo 
 in any other case, the question must begin a 
 minima^ and be first taken on the least or 
 nearest, and so on to the greatest or most re- 
 mote, until the assembly comes to a vote.* 
 
 * The above is the rule as laid down by Mr Jefferson 
 
70 PARLIAMENTARY PRArTICE. 
 
 Sect. III. Addition, — SErARATiox, — 
 Transposition. 
 
 88. "When the matters cuiitained in two 
 separate propositions miglit be ])etter jmt in- 
 to one, the mode of j»rc)ceeding is to reject 
 one of them, and then to incorporate the sub- 
 stance of it witli the other by way of amend- 
 ment. A belter mode, lioweyer, if the busi^ 
 ness of the assembly will admit of its beinn' 
 ado])ted, is to refer both j>i())»ositions to a 
 committee, with instructions to incorj)orate 
 them together in one. 
 
 80. So, on the other liand, if tlic matter of 
 one jiroposition w<juld be more j»roj)erly dis- 
 tributed into two, any ]»art of it may be 
 Btiuck out by way of amendment, and put 
 into the form of a new and distinct pro2)osi- 
 tion. But in this, as in the former case, a 
 better mode would generally be to refer the 
 subject to a committee. 
 
 90. In like manner, if a j^nragraph or sec- 
 
 l§ 33), and holds where it is not 8Ui)erseded by a special 
 rule, which is generally the case in our legislative as 
 penibiies: as, for exaiujile, in the senate of the United 
 St-ites, the rule is, that in filling blanks, the lakoest 
 sum and lokoest time shall be first put. In the house 
 of commons, in England, the rule established by usage is, 
 th.-.t the S3IALLEST sum and the longest time shall be 
 first i)ut 
 
AMENDMENTS. 
 
 71 
 
 tion requires to be transposed, a question 
 must be put on striking it out where it stands, 
 and another for inserting it in the place 
 desired. 
 
 91. The numbers prefixed to the several 
 sections, paragraphs, or resolutions, 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 ass;L.mbly. 
 
 Sect. IV. Modificatiox or Amendment 
 BY THE Mover. 
 
 92. The mover of a proposition is some- 
 times allowed to modify it, after it has been 
 stated as a question by the presiding officer ; 
 but, as this is equivalent to a withdrawal 
 of the motion, in order to substitute an- 
 other in its place ; and, since, as has already 
 been seen, [Par. 56. 7iote'] a motion regularly 
 made, seconded, and proposed, cannot be 
 withdrawn 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 
 
72 PAULIAMEMAKY PRACTICE. 
 
 of the assembly, by a motion and question, 
 for the ])urpose, in onler to enable him to 
 modify his proj)Osition. 
 
 93. So, too, when an amendment has been 
 regularly moved and seconded, it is sometimes 
 the practice for the mover of tlie i)roposition 
 to which it relates to siijnifv liis consent to it, 
 and for tlie amendment to be thereuj>on made, 
 without any question being taken upon it by 
 the assembly. As tliis ]>roceeding, however, 
 is essentially the same with that described in 
 the ])receding paragraph, it, of course, rests 
 upon the same foundation, an<l is subject to 
 the same rule. 
 
 Sect. V. Genekal Rlles relating to 
 Amendments. 
 
 94. All amendments, of whicli a proposition 
 is susceptible, so far as form is concerned, 
 may be effected in one of three ways, namely, 
 either bv insertincj or aihlini;? certain words ; 
 or bv strikinix out certain words ; or bv strik- 
 inff out certain words, and insertins: or addinj; 
 others. These several forms of amendment 
 are subject to certain general rules, which, 
 
AMEXDilENTS. 73 
 
 being equally applicable to them all, require 
 to be stated beforehand. 
 
 95. First Rule. When a proposition con- 
 sists of several sections, paragraphs, or resolu- 
 tions, the natural order of considering and 
 amending 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. 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 
 <?an be no amendment of an amendment to ar 
 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 amendment. 
 The object, which is proposed to be effected 
 by such a proceeding, must be sought by re 
 'ectincr the amendment to the amendment, in 
 the form in which it is proposed, and then 
 movins: it asjain in the form in which it is 
 wished to be amended, in which it is only an 
 amendment to an amendment ; and in order 
 
74 PARFJAMEXTARY PRACTICE. 
 
 to accomplish this, he who desires to amend 
 an amendment shouKl give notice, that, if re- 
 jected, in tlie form in which it is jiresented, 
 he shall move it again in the form in which 
 be desires to have it adojited. 
 
 97. Thus, if a proposition consists of A B, 
 and it is proposed to amend by inserting C D, 
 it may be moved to amend the amcmlment by 
 inserting K F ; but it cannot be moved to 
 amend this amendment, as, for example, by 
 insertinur (i. The onlv mode, bv which this 
 can be reached, is t«> 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 amended, nnnidy, to 
 insert E G V. 
 
 l>8. Tldnl Rule. Whatever is agreed to 
 by the assembly, on a vote, either adopting or 
 rejecting a proposed amendment, cannot be 
 afterwards altered or amended. 
 
 99. Thus, if a j)roposition consists of A B, 
 and it is moved to insert C ; if the amend- 
 ment prevail, C cainiot be afterwards amended, 
 because it has been agreed to in that form ; 
 and, so, if it is moved to strike out B, and the 
 amendment is rejected, B cannot afterwards 
 be amended, because a vote against striking 
 
AMEXDMEXTS. 75 
 
 it out is equivalent to a vote agreeing to it as 
 it stands. 
 
 100. Fourth Rule. Whatever is disagreed 
 to by the assembly, on a vote, cannot be after- 
 wards moved ao-ain. This rule is the converse 
 of the preceding, and may be illustrated in 
 the same manner. 
 
 101. Thus, if it is moved to amend A B by 
 inserting C, and the amendment is rejected, 
 C cannot be moved again ; or, if it is moved 
 to amend A B by striking out B, and the 
 amendment prevails, B cannot be restored ; 
 because, in the first case, C, and, in the other, 
 B, have been disagreed to by a vote. 
 
 102. Fifth Rule. The inconsistency or in- 
 compatibility 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 it by the presiding 
 ofticer. as against order ; for, if questions of 
 this nature were allowed to be brought within 
 the jurisdiction of the presiding ofiicer, as 
 matters of order, he might usurp a negative 
 on important modifications, and suppress or 
 embarrass instead of subserving the will of the 
 assembly. 
 
76 PAULIAMEXTAKY PKAOTICK. 
 
 Sect. VI. Amendments by striking oct. 
 
 103. If an aineiidineni is j»roposed by strik- 
 ing out a particular paragraph or certain 
 words, and the amendment is rejected, it can- 
 not be again moved to strike out tiie sanitf 
 words or a part of them ; but it may bemove<^ 
 to strike out the same words with others, of 
 to strike out a part of the same words with 
 others, j)rovided the colierence to be struck 
 out be so substantial, as to make tliese, if 
 fact, different propositiotis from the former. 
 
 104. Til us, if a proposition consist of A I> 
 C D, and it is moved to strike out H C ; it 
 this amendment is rejected, it cannot be 
 moved ngain ; but it may be moved to strike 
 out A B, or A B C, or BCD or C 1). 
 
 105. If an amendment by striking out is 
 agreed to, it cannot be afterwanls 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 ]>art of tlie same 
 svords with others, provided the coherence to 
 be inserted make these propositions substan- 
 lially different from the first. 
 
 106. Thus, if the proposition A BCD is 
 
AMENDMENTS. 77 
 
 amended by striking out B C, it cannot be 
 moved to insert B C again ; but it may be 
 moved to insert B C with other words, or B 
 with others, or C with others. 
 
 107. When it is proposed to amend by 
 (Striking out a particular paragraph, it may be 
 moved to amend this amendment, in three 
 different ways, namely, either by striking out 
 a part only of the paragraph, or by inserting 
 or adding words, or by striking out and in- 
 sertinoj. 
 
 108. Thus, if it is moved to amend the 
 proposition A B C D, by striking out B C, it 
 mav be moved to amend this amendment bv 
 striking out B only or C only, or by inserting 
 E, or by striking out B or C, and inserting E. 
 
 109. In the case of a proposed amendment 
 by striking out, the effect of voting upon it, 
 whether it be decided in the affirmative oi 
 neijative accordins: to the third and fourth 
 rules above mentioned, renders it necessary 
 for those who desire to retain the paragraph 
 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. As an amendment must necessarily hf 
 
78 I'AKLIAMEMAKY PKACTlCii;. 
 
 put to tlie question before the }>rinci]>:il mo- 
 tion ; so the qiK*stion must be ])ut ou uu 
 amendment to an amembnent before it is put 
 on the amendment ; but, as tliis isllie extreme 
 limit to wliich motions may be j)ut upon one 
 another, there can be no })recedence of one 
 over another among amendirients to amend- 
 ments ; and, conse(juentIy, tiiey can only be 
 moved, one at a time, or, at all events, must 
 be put to tlie (piestion in the order in which 
 they are moved. 
 
 111. Wlien a motion for striking out words 
 is jiut to tlie question, the ])ar]iamentary form 
 always is, whether the w^rds i<h<ill i<tanil as 
 part of the jirincipal motion, and not whether 
 they tihall he struck out. The reason for tliis 
 form of stating the question ])robably is, that 
 the question may be taken in the same manner 
 on a j)art as on the whole of the principal mo- 
 tion ; which would not be the case, if the 
 question was stated on striking out ; inasmuch 
 as the ({uestion on the ])rincipal motion, when 
 it comes to be stated, will be on agreeing to 
 it, and not on striking out or rejecting it. Be- 
 sides, as an e(pial division of the assendjly 
 would produce a different decision of the ques- 
 tion, according to the manner of stating i*^, it 
 
AMENDMENTS. 79 
 
 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.* 
 
 [This is invariably the form in the Bri*.* 
 ish Parliament. In the United States tht 
 question is always put, as Mr. Gushing states 
 in the following note, " Shall the words be 
 stricken out of the amendment ? " Whether 
 this question is decided in the affirmative or 
 negative, the amendment is pro])osed to the 
 main proposition in the form which this vote 
 gives it. — Ed.] 
 
 112. On a motion to amend bv strikins^ out 
 certain words, the manner of stating the ques- 
 tion is, first to read the passage proposed to be 
 amended, as it stands ; then the words pro- 
 posed to be struck out ; and, lastly, the whole 
 passage as it will stand if the amendment is 
 adopted. 
 
 Sect. YIL Amendments by inserting. 
 
 113. If an amendment is proposed by in- 
 
 * The connnoii, if not the only, mode of statinj:]^ the 
 question, in tlie legislative assemblies of this country, is 
 on " striking out." 
 
so PAKLIAMKNTARY PRACTICE. 
 
 sorting or aikling a j»nrngraj>h or words, and 
 the amendment is rejected, it cannot be moved 
 again to insert the same words or a part of 
 them ; but it may be moved to insert tlie same 
 words with others, or a part of tlie same wonls 
 with others, j»rovi«le<l the coherence really 
 make them different jiropositions, 
 
 114. Tims, if it is moved to amend the pro, 
 position A B by inserting C D, and the 
 amendment is rejected. C D cannot be again 
 moved ; but it may be moved to insert (' K, 
 or I) E, orCD E.' 
 
 lir». If it is j)ro]>osed to amend by insert- 
 ing a ]»aragraph, and the amendment prevails, 
 it cannot be afterwards moved to strike out 
 the same words or a j»nrt of them ; but it may 
 be moved to strike out the same words with 
 others, * or a ]»art of the same words with 
 others, provided the coherence be such as to 
 make these proi>osition< r^'.-dly different fn)m 
 the first. 
 
 110, Thus, if in the example above .sup- 
 posed, the amendment ju'evails, and C D is 
 inserted it cannot be afterwards move<l to 
 
 • This is the common case of strikinjj out a paragraph, 
 after having amended it by inserting; words. 
 
AMENDMENTS. 81 
 
 strike out C D, but it may be moved to strike 
 out A C or A C D, or D B, or C D B. 
 
 117. When it is proposed to amend by in« 
 serting a paragraph, this amendment may be 
 amended in three different ways, namely, 
 either by striking out a part of the paragraph j 
 or by inserting something into it ; or by strike 
 ing out and inserting. 
 
 118. Thus, if it is proposed to amend A B^ 
 by inserting C D, this amendment may be^ 
 amended either by striking out C or D, or 
 inserting E, or by striking out C or D an<J 
 insertinor E. 
 
 119 When it is proposed to amend by in- 
 serting a paragraph, those who are in favor of 
 the amendment should amend it, if necessary, 
 before the question is taken ; because if it is 
 rejected, it cannot be moved again, and, if 
 received, it cannot be amended. 
 
 120. There is no precedence of one over 
 another in amendments to amendments by in- 
 serting, any more than in amendments to 
 amendments by striking out. 
 
 121. 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 iu- 
 
82 rAIiLIAMKXTAlIV 1'1:ACT1CE. 
 
 serte<l ; aixl lastly, Xhv wliole j^assagc as it 
 will stand if the amciulment prevails. 
 
 Sect. VIII. Amkndmknts by sumkini; out 
 
 AM> IXSEHTIN<;. 
 
 122. The third form of amending a propo- 
 sition, namely, by striking out certain words 
 and inserting others in their j)lace, is, in fact, 
 a combination of the otlier two forms; and 
 may accordingly be divided into those two 
 forms, either by a vote of the assemblv, or on 
 the demand of a member, under a special rule 
 to that effect.* 
 
 1*23. If the motinii is divided, the question 
 is first to be taken on striking out ; and if tliat is 
 decided in tlio aflirmative, then, on inserting; 
 but if the former is decided in the neQ:ative, 
 the latter falls, of course. ^)ii 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 
 bv itself. 
 
 » 
 
 Mr. .Teffersoii (§xxxv,) says, '* the qupstion, If flosired, 
 is then to be divided," &C. ; but, as he makes no exce{)tioii 
 of a uiotion U^ strike out and insert, wlien treating of the 
 subject of division, and dues not here state it as an excei>- 
 tion. lie undoubtedly supposes the division iu this ca.se to 
 V>e made iu the regular and usual manner. 
 
AMENDMENTS. 83 
 
 124. 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 
 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 others, and 
 insert the same ; 7, strike out other words and 
 insert the same ; and, 8, insert the same 
 words, without striking out any thing. 
 
 125. 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 the words inserted, 
 or a part of them ; but, it may be moved, 1, to 
 insert the same words witli others ; 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. When it is proposed to amend by 
 striking out and inserting, this amendment 
 may be amended in three differennt ways in 
 the paragraph proposed to be struck out, and 
 
84 PARLIAMENTARY PRACTICE. 
 
 also in the paragrajdi proposed to be iiis'^rteo, 
 namely, by striking out, or inserting, or strik- 
 ing out and inserting. And those who are in 
 favor of either paragra})h must amend it. before 
 the question is taken, for the reasons already 
 stated, namely, that, if decided in the affirma- 
 tive, the ]>art struck out cannot be restored, 
 nor cati tlie }>art inserted be amended ; and, if 
 decided in the negative, the part j»roj)osed to 
 be struck out cannot be amended, nor can the 
 |)aragra]>li pro]»osed to be inserted be moved 
 flLcaln. 
 
 rJT. On a motion to amend, bv strikiiiGT out 
 certain 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. 
 
 Sect. IX. Amendments changing the 
 Nature of a Question. 
 
 128. The term amendment is in strictness ap- 
 plicable only to to those changes of a proposi- 
 tion, by which it is improved, that is, rendered 
 more eliectual for the purpose which it has in 
 
AMEN^DMEXTS. 85 
 
 view, or made to exjiress more clearly and 
 definitely the sense which it is intended to 
 expres. 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 a proposition is regularly 
 moyed and seconded, it is in the possession of 
 the assemb-ly, \Par 56, 92, "F".] and cannot be 
 withdrawn but by its leave ; it has then be- 
 come the basis of the future proceedings of 
 the assembly, and may be put into any shape, 
 and turned to any purpose, that the assembly 
 may think proper. 
 
 129. It is consequently 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 
 introduced, may themselves be forced to vote 
 against it, in its amended form. 
 
 130. This mode of proceeding is sometimes 
 adopted for the purpose of defeating a propo. 
 sition, by compelling its original friends to 
 unite with those who are opposed to it, in 
 voting for its rejection. Thus, in the British 
 House of Commons, Jan. 29, 1765, a resolution 
 being moved, " That a genera] ^rarrant foi 
 
86 PAliLl AMENTA K'V I'KA* THE. 
 
 appreheiuling the authors, j^riiiters, or publish- 
 ers of a libel, togetlier with their paj)ers, is not 
 warranted by law, and is an high violation of 
 the liberty of the subject: " — it was moved to 
 amend this motion bv itrefixinir the followinjr 
 paragraph, namely : '' That in the })artieular 
 case of libels, it is j^roper and necessary t<> fix, 
 by a vote of this house only, what ought to be 
 deein<'d the law in respect of general warrants; 
 and, for that jmrpose, at the time when the 
 determination of the leijalitv of such warrants, 
 in the instance of a most seditious and treas- 
 onable libel, is actually <lepending before the 
 courts of law, for this house to declare '' — that 
 a ff€)ieral irarrant for (ipitreheuilim/ the 
 authors, printers^ or puhlisJiers of a Hbtly 
 tnf/ether trith their papers^ is not irarraitted bi/ 
 I((fr^ (Uifl is an hiffh violation of the liJ^erti/ of 
 the sah'/trt. The amendment was a<hipte<l, 
 after a long <lebate, and then the resolution 
 as amended was immediately rejected without 
 a division.* 
 
 •This nirvle of defeatinfr a mra<iire. however, is not al- 
 ways siu-i'«*ssful In 17>0. Mr. l)ur.riinK liaviuj; made a mo- 
 tion, in the hou.se of commons, "that in the opinion of 
 this house, the influt*nce <»f the crown lia.s increase<l, is 
 increasing, and oujrht to be diminishe*.!." Dundas, lord- 
 advocate of Scotland, in onler to defeat the motion, pro- 
 posed to amend, by inserting, after the words, in the 
 
AMENDMENTS. 87 
 
 131. But sometimes the nature oi a propo- 
 sition is chansred bv means of amendments, 
 with a view to its adoption in a sense the very 
 opjDOsite of what it was originally intended to 
 bear. The foUowimg is a striking example of 
 this mode of proceeding. In the house of 
 commons, April 10, 1744, a resolution was 
 moved, declaring, " That the issuing and 
 paying to the Duke of Aremberg 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 parlia- 
 ment." The object of this resolution was to 
 censure the conduct of the ministers ; and the 
 friends of the ministry, being in a majority, 
 might have voted directly upon the motion and 
 rejected it. But they j^referred to turn it into 
 a resolution approving of the conduct of min- 
 isters on the occasion referred to ; and it was 
 accordingly moved to amend, by leaving out 
 the words " a dangerous misapplication," &g. 
 to the end of the motion, and inserting instead 
 thereof the words, " necessary for putting the 
 
 OPINION OF THIS HOUSE, the WOlds IT IS NOW NECESSARY 
 
 TO DECLARE THAT, t&c But tliis amendment, instead of 
 intimidating the friends of the original motion was at once 
 adopted by them, and the resolution passed as amended. 
 
88 PARLIAMENTARY PRACTICE. 
 
 Baid troops in motion, an<i of great consequence 
 to the common cause." The amendment being 
 adopted, it was resolved (reversing the original 
 projtosition) "That the issuing and paying to 
 the Duke of Arcmbert; the sum of forty thou- 
 sand pounds, to jnit the Austrian troops in 
 motion, in the year 174*2, was necessary for 
 putting the said troops in motion, and of great 
 consequence to the common cause." 
 
 182. It is a mode of defeating a proposition, 
 somewhat similar to that above mentioned, to 
 carry out or extend the principle of it, l)y 
 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, '* for copies of all the 
 k'tters written by the lords of the admiralty to 
 a certain officer in the navv,'' it was moved to 
 amend the motion by adding these words : — 
 ^ wbich letters may contain orders, or be 
 rcii-tive to orders, not executed, and still sub- 
 sisting." This amendment being ado])ted, the 
 motion as amended was unanimously rejected. 
 
 133, It will be seen, from the foivgoing 
 examples, that as the mover of a proposition 
 
AMENDMENTS. 89 
 
 is under no restriction as to embracino- incon- 
 gruous matters under the same motion ; so, 
 on the other hand, the assembly may engraft 
 upon a motion, by way of amendment, mat- 
 ter which is not only incongruous 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 enacting clause, and inserting an 
 entirely new bill ; or to amend a resolution 
 by striking out all after the words "Re- 
 solved that," and inserting a proposition of a 
 wholly different tenor 
 
 CHAPTER X. 
 
 ')F THE ORDER AXD SUCCESSION OP QUES- 
 TIONS. 
 
 134. It is a general rule, that, when a pro- 
 position is regularly before a deliberative as- 
 sembly, 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, 
 1irst^ a privileged question ; secondly, a sub- 
 
90 rAUIJAMKM AKV I'RAi TICK. 
 
 sidiary question ; or, tJiinlbj, an incident.i! 
 question or motion. 
 
 135. All these motions take the j»lac?of the 
 principal motion, or main question, us it is 
 usually called, and are to be first ])Ut to the 
 question ; and, aninnc: tliomselves, also, there 
 are some, which, in like manner, take the 
 place of all the others. Some of these ques- 
 tions merely supersede the princij)al (juestion, 
 until they have been decided ; and, when 
 decided, whothcr atHrmativrlv <>r nejrativelv, 
 leave that question as before. Others of them 
 also supersede the )»rincipal qiiestion, until 
 thev are decided ; an<l, when deci«led one wav, 
 dis)>ose of the ]>rincipal «juestion ; but, if dc- 
 ci«k'd the *>ther wav, leave it as before. 
 
 Sect. 1. l'i:iviLi:t,i,i» Qlkstiuns. 
 
 loO. There are certain motions or ques- 
 tions, which, on account of the superior im- 
 j>ortance attributed to them, either in conse- 
 quence of a vote of the assembly, or in them- 
 selves considered, or of the necessity of the 
 proceedings to which they lead, are entitled 
 to take the ])lace of any other subject or pro- 
 position, which may then be under considera- 
 
ADJOURNMENT. 91 
 
 tion, and to be first acted upon and decided 
 by the assembly. These are called privileged 
 questions, because they are entitled to prece- 
 dence over other questions, though they are of 
 different degrees among themselves. Ques- 
 tions of this nature are of three kinds, namely, 
 fii'st, motions to adjourn ; secondly^ motions 
 or questions relating to the rights and priv- 
 ileges of the assembly, or of its members in- 
 dividually ; and, thirdly^ motions for the 
 orders of the day. 
 
 Adjournment. ' 
 
 137. A motion to adjourn takes the place 
 of all other questions whatsoever ^ ; for, 
 otherwise, 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 simply to " adjourn," with- 
 
 * It is commonly said, that a motion to adjourn is al- 
 ways in order, bat this is not precisely true. The ques- 
 tion of adjournment may, indeed, be moved repeatedly ou 
 the same day; yet, in strictness, not without some inter- 
 mediate question being proposed, after one motion to ad- 
 journ is disposed of, and before the next motion is made 
 for adjourning; as, for example, an amendment to a pend- 
 ing question, or for the reading of some paper. The rea- 
 son of this is, tliat, until some other proceeding has inter- 
 vened.the question already decided is the same as tJiat uew« 
 ly moved. 
 
9'J I'AKI.IAMKNTAKY I'KA* IKK. 
 
 out xhv a«Milion of any particular dny or time. 
 AikI, as the object of this motion, wlun made 
 in the midst of some other proceedinjri and 
 with a view to supersede a question already 
 proposed, is simply to break up tlic sitting, 
 it does not admit of any amendment by the 
 a«]dilion of a particular <lay, or ifi any other 
 manner: thouj^h, it a motion to adjourn is 
 inadr, Nxlicn no other business is before the 
 a'^sembly, it may be amendeil like other ques- 
 tions. 
 
 \'.\'^. A motion to adjourn is merely, "that 
 thi>» :i«--» nibly do now adjourn ; " and, if it is 
 carried in the aflirmative, the assembly is ad- 
 journed to the next sitting «lay ; unless it has 
 }>reviou8ly come to a resolution, that, on ris- 
 ing, it will adjourn to a particular day ; in 
 which case, it is adjourned to that day. 
 
 1:I0. An adjournment without day, that is, 
 without any time being fixed for reassem- 
 Minil, would, in the case of any other than a 
 legislative assembly, be equivalent to a dis- 
 solution.* 
 
 • ' t)i.' inudnf^w of a deHberaUTe 
 
 i^j^^ (t i>l<»-v to adjourn th^'aiwemhly 
 
 wi- s. A l-'ti^r r t: oMan a<lj..iin>- 
 
 im: < j.ut diy. If w- -lojo of the word 
 
 adjourn, tn a cont'radit'tl ►n in teraw. 
 
QUESTIONS OF PRIVILEGE. 93 
 
 140. 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. 
 
 Questions of Privilege. 
 
 141. The questions, next in relative impor- 
 tance, and which supersede all others for the 
 time being, except that of adjournment, are 
 those which concern the rights and privileges 
 of the assembly, or of its individual 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 matter of privilege supersedes the 
 question pending at the time, together with 
 all subsidiary and incidental ones, and must 
 be first disposed of. When settled, the ques- 
 tion interrupted by it is to be resumed, at the 
 point where it was suspended. 
 
 Orders of the Day. 
 
 142. When the consideration of a subject 
 
94 PAULIAMKNTAIIV rRACTICE. 
 
 has been assigned for a particular day, l)y an 
 order of the asjfcmbly, the mailer so assigned 
 is called the order of the day for that day. If, 
 in tlie course of business, as eoninionly liap- 
 pens in legislative assemblies, there are 
 several subjects assigned f«»r the same <lay, 
 they are called the orders of the dav. 
 
 143. A cpiestion, which is thus made the 
 eubject of an order for its consideration on a 
 particular day, is thereby made a ))riyileged 
 question for that day ; the order being a lo. 
 peal, as to this special case, of the general 
 rule as to business. If, therefore, any other 
 proposition (with the exception of the two 
 preceding *) is moved or arises, on the day as- 
 eiixned for the consideration of a j»articular 
 subject, a motion for the order of the day will 
 supersede the question first made, togetiier 
 with all subsidiary and incidental (piestioTis 
 connected with it, and must be iirst put and 
 decided ; for if the debate or consideration of 
 that subject were allowed to proceed, it might 
 continue through the day and thus defeat the 
 order. 
 
 [* €. g.^ A motion to adjourn, and a question 
 of privilege."] 
 
 144. But this motion, to entitle it to prcce- 
 
ORDERS OF THE DAY. 95 
 
 dence, must be for the orders generally, if there 
 is more than one, and not for any particular 
 one ; and, if decided in the affirmative, 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. If the consideration of a subject is as- 
 signed for a i^articular hour on the day named, 
 a motion to proceed to it is not a privileged 
 motion, until that hour has arrived ; but, if no 
 hour is fixed, the order is for the entire day 
 and every part of it. 
 
 146. Where there are several orders of the 
 iay, 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 ; 
 but, if the orders are taken up at that time or 
 afterwards, that particular subject must be con- 
 sidered as the first in order. 
 
 147. If the motion for the orders of the day 
 is decided in the affirmative, the original 
 question is removed from before the assembly, 
 in the same manner as if it had been inter- 
 
96 PAKMAMKNTAKY PRACTICE, 
 
 ruptod by an adjounimont, and does not stand 
 before the assembly, as a matter of course, at 
 Its next meeting, but must be renewed in the 
 usual way. 
 
 148. If the motion is derided in tlie neora- 
 tive, the vote of the assembly is a discharire 
 of the orders, so far as they interfere with the 
 consideration of the subject then before it, 
 an<l entitles that subject to be first disposed 
 of. 
 
 140. Orders of the day, unless proceeded in 
 and disjiosed of on the day assigned, fall, of 
 course, and must be renewed for some other 
 day. Ii m.iy be pn)yi«led, however, by a 
 special rulr, as in the legislative assemblies 
 of Massachusetts, that the ordeis for a par- 
 ticular day shall Imld for every succeeding day, 
 until disposed of. 
 
 [In French parliamentary procedure, "the 
 order of the day" pure and simj)le, is equiva- 
 lent to " lavins: on the table," Bv this 
 method, a debate in the French Chamber, is 
 often summarily stopped, or a subject disposed 
 of, until the proper moment arrives, in the 
 opinion of the Ministry, for taking it up. The 
 American j)arliamentary code, on the con- 
 trary, disposes of an objectionable measure or 
 
QUESTIONS OF ORDER 97 
 
 motion, for the time being, by " laying it en the 
 table " — while the " order of the day " cau 
 only be called for when the day or hour for 
 which it has been previously set down 
 arrives. — Ed]. 
 
 Sect. II. Ixcidextal Questions. 
 
 150. 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,j^rs^, ques- 
 tions of order ; second, motions for the read- 
 ing of papers, etc.; third, leave to withdraw a 
 motion ; fourth, suspension of a rule ; and, 
 fifth, amendment of an amendment. 
 
 Questions of Order. 
 
 151. 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 ques- 
 tion, debate, or delay, in all cases, in which 
 the breach of ordei-, or the departure from 
 rule, is manifest. It is also the right of every 
 member, taking notice of the breach of a ru.le, 
 
 p. M. — 4 
 
98 PARLIAMENTARY PRACTICE. 
 
 to insist ujion the cnforr'oment of it in the 
 same manner. 
 
 152. But, though no question can be made, 
 as to the enforcement of the rules, when there 
 is a breach or manifest departure from them, 
 so long as any member insists upon tln'ir 
 enforcement ; yet questions may ami do fre- 
 ijuently arise, as to the fact of there 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 rules. Questions of 
 this kind are denominated questions of order. 
 
 153. When any question of this nature 
 arises, in the course of any other proceeding, 
 it necessarily supersedes the further consider- 
 ation 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 onkr. 
 
 154. When a question of order is raised, as 
 it may be by any one member, it is not stated 
 from the chair, 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 bv the 
 
KEADIXG PAPERS. 99 
 
 assembly. If the decision of the presiding 
 officer is not satisfactory, any one member 
 may object to it, and haye 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 deci- 
 sion of the chair stand as the decision of the 
 assembly f and it is thereupon debated and 
 decided by the assembly, in the same manner 
 as any other question ; except that the presid- 
 ing officer is allowed to take a part in the de- 
 bate, which, on ordinary occasions, he is prohib- 
 ited from doing. 
 
 Reading Papers. 
 
 155. It is, for obvious reasons, a general 
 rule, that, where papers are laid before a 
 deliberatiye assembly, for its action, every 
 member has a ris^ht 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 question 
 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 officer, as a 
 matter of course. 
 
100 PAKI.IAMKNTAKY PRA* TICK. 
 
 156. But, ^^h\l the oxcoj»lion of pnj>orfl 
 cominfx under tliis rule, it is not tlie rig'nt of 
 any member to read liimself, or to have rea«l, 
 any paper, ho<»k, (»r <h>cument uhatever, with- 
 out the li-ave of the assemhly, upi>n a motion 
 made an«l a (juestion put for the purpose. The 
 delay and interruption, whieh would otlu-rwise 
 ensue from reading every j»aper that miglit 
 be called for, show the ahsolutc necessity of 
 restricting the rule within the narrowest pos- 
 sible limits, consistently with permitting 
 every member to have as much information 
 as possible, <tn the subjects in reference to 
 wliich he is about to vote, 
 
 ir»7. When, thrrefMrr, a memlier desires 
 that any paper, book, or documint, on the 
 table, whetlier printe<l or written (except as 
 above mentioned) shouM be read for his own 
 information, or that of the assemblv ; «»r de- 
 sires to read any sueh paper, book, or docu- 
 ment, in his plact*, in the course of a debate, 
 or otherwise ; or even to read his own speech 
 which he h.as prepared beforehand an«l com- 
 mitted 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. 
 
WITHDRAWAL OK A . MOTtO^; ' . 191 
 
 158. When the reading of a paper is evi- 
 gently 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. It is not now the practice, as it once 
 was, in legislative assemblies, to read all 
 papers that are presented, especially when 
 they are referred to committees immediately 
 on their presentation ; though the right 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. 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. A motion, when regularly made, sec- 
 onded, and proposed from the chair, is then 
 
1C2 P\*?T..AMKNr.* RY TRAfTir R. 
 
 in tne ])osscssion of the assembly, and cannot 
 be withdrawn bv the mover, or directly dis- 
 posed of in any manner, but by a vote ; lience, 
 if the mover of a question wishes to modifv it 
 or to substitute a different one in its j>lace, lie 
 must obtain the leave of the assembly for that 
 purj^ose; which leave can only be had, if 
 objection is made, ]»y a motion [which is not 
 debatable] and question in the usual mode of 
 proceeding. [Par. 56, ?ir)te'\. 
 
 1(>2. If this motion is decided in the affirm- 
 ative, the motio?] to which it relates is thereby 
 removed from before the assemblv, as if it 
 ha<l never been moved ; if in the negative, 
 the business j>roceeds as before. 
 
 Sl'SPEXSIOX OF A HlLK. 
 
 163. When any contemj)lated motion or pro- 
 ceeding is rendered impracticable, by reason 
 of the existence of some special rule by which 
 it is prohibited, it has become an established 
 practice in this country, to suspend or dispense 
 with the rule, for the purpose of admittinfj the 
 proceeding or motion which is desire<l. This 
 can only be done by a motion and question ; 
 and, wliere this course is taken in order to a 
 motion having reference to a ]>roposition then 
 
AMENDMENT OF AMENDMENTS. 103 
 
 under consideration, a motion to suspend the 
 rule supersedes the original question for the 
 time being, and is first to be decided, [without 
 debate.] 
 
 164. It is usual, in the code of rules adopted 
 by deliberative assemblies, and especially 
 legislative bodies, to provide that a certain 
 number exceeding a majority, as two thirds or 
 three fourths, shall be competent to the sus- 
 pension of a rule in a particular case ; where 
 this is not jjrovided, there seems to be no 
 other mode of suspending or dispensing witb 
 a rule than by general consent. 
 
 Amendment of Amendments. 
 
 165. In treating of amendments, it has al- 
 ready been seen, that it is allowable to amend 
 a proposed amendment ; and that the question 
 on suck 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 
 beino^. 
 
 Sect. III. Subsidiary Questions. 
 
 166. Subsidiary, or secondary, questions or 
 motions, as has already been stated, are those 
 
104 PAIU.IAMKNTAKV rilACTirE. 
 
 which relate to a })rincij)al motion, aiul are 
 made use of to enable the assembly to dispose 
 of il in the most appropriate manner. These 
 motions have tho effect to supersede, and, in 
 some cases, when decided one way, to dispose 
 of, the princij»al question. They are also of 
 <1ifferent degrees among themselves, and, ac- 
 cording to their several natures, supersede, 
 und sometimes dispose of, one another. 
 
 167. The subsi<liary motions in common use 
 are the following, namely : — lie on the table, — 
 the ]>revious question, — po8t]>onement, either 
 indefinite ur to a day certain, — commitment, 
 — and, amendment. 
 
 168. It is a general rule, with certain ex- 
 ceptions which will be immediately mentioned, 
 that subsidiary UK'tioiis cannot be applied to 
 one another; as for example, suppose a motion 
 to postpone, commit or amend a principal 
 question, it cann<jt be move<l to suppress the 
 motion to postpone, *fcc., by putting a previous 
 question on it ; or, suppose the previous ques- 
 tion is moved, or a commitment, or amen<l- 
 ment, of a main <piostion, it cannot be moved 
 to post]>one the }>reviou3 question, or the 
 motion for commitment or amendment. The 
 reasons for this rule are : 1. It would be absurd 
 
SUBSIDIARY QUESTIONS. 105 
 
 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 may be 
 reached more simply by voting against the 
 motion which it is attempted to dispose of by 
 another secondary motion. 
 
 169. The exceptions to the rule 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 amend- 
 ment 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 suppress 
 another is not admissible. Hence, the sub- 
 sidiary motions above mentioned may be am- 
 ended. 
 
 170. A previous question, however, cannot 
 be amended ; the nature of it not admitting of 
 any change. Parliamentary usage has fixed 
 its form to be, shall the main question be now 
 put? that is, at this instant; and, as the 
 present instant is but one, it cannot admit of 
 any modification ; and to change it to the next 
 
10(5 PARLIAMENTARY PRACTICE. 
 
 day or any other moment, is without example 
 or utility. For the same reasons, alsso, that 
 the form of it is fixed by parliamentary usa;j^e, 
 and is already as simple as it can be. a motion 
 to lie on the table cannot be amended. 
 
 Lie on tue Table. 
 
 171. This motion is usually resorted to, 
 ■when the a.sscmbly has something else before 
 it, which claims its present attention, and 
 therefore desires to lay aside a propositi(^n for 
 a short but indefinite time, reserving to itself 
 the power to take it up when convenient. 
 This motion takes precedence of and buper- 
 setles all the other subsidiary motions. 
 
 [In Congress, by 8j)€cial rule, the motion to 
 lie on the table is subordinate only to the 
 motion to adjourn. By parliamentary law it 
 is subordinate to all three of the priveleged 
 (juestiong. It i^ not debatable, nor subject to 
 amendment. A member may have a motion 
 made, or resolutions offered by himself laid 
 on the table. Thus in U. 8. Senate, Feb. 23, 
 188G, Mr. Morgan, of Alabama, presented a 
 preamble and resolutions which were read, and 
 then at his request, the lesolutions were laid on 
 the table to wait until he chose to call them up 
 for the action of the Senate. — (Par. 72) Ed.] 
 
PREVIOUS QUESTION. 107 
 
 172. If decided in the affirmative, the prin- 
 cipal motion, together with all the other mo- ^ 
 tions, subsidiary and incidentaljConnected with ' 
 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 as- 
 sembly pleases. 
 
 173. If decided in the negative, the business 
 proceeds in the same manner as if the motion 
 had never been made. 
 
 Previous Question. 
 
 174. This motion has already been describ- 
 ed (63), and the nature and effect of it fully 
 stated. It stands in an equal degree with all 
 the other subsidiary motions, except the mo- 
 tion to lie on the table ; and, consequently, if 
 first moved, is not subject to be superseded by 
 a motion to postpone, commit or amend. 
 
 175. 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 decided affirmatively, to wit, that the main 
 question shall now be put, it would of course 
 be contrary to the decision of the assembly, 
 und therefore against order, to postpone, com- 
 
108 rAULlA.MEXTAHV I'RACTKE. 
 
 mit, or amend; and if decided negatively, to 
 wit, that the main question shall not now be 
 put, this takes the main question out <'f the 
 possession of the assembly, for the day, so 
 that there is then nothing before it to post- 
 pone, commit or amend.* 
 
 Postponement. 
 
 17G. The motion to postpone is either in- 
 detinit« or to a day certaij^ • and, in both these 
 forms, may be amended ; in the former, by 
 makin<,' it to a day certain,— in the latter, by 
 substituting one day for another. But, in the 
 latter case propositions to substitute ditVerent 
 days for that originally named, bear more re- 
 semblance to propositions for filling blanks, 
 than thev do to amendments, and should be 
 considered and treated aocordinjly. 
 
 177. If, therefore, a motion s made for an 
 indefinite postponement, it may be moved to 
 amend the motion by making it to a day 
 certain. If any other day is desued, it may 
 be moved as a amendment to the amend- 
 
 • In the house of reprcdenlatlvesof Maseachusetts. as the 
 
 effect of a negative decision of the previous question Is not 
 
 to remove the principal question from before the house, 
 
 1 that question is still open to post ponemenr. commitment, 
 
 or amendment, noiwliatandlng such negative decision. 
 
POSTPONEMENT. 109 
 
 ment ; or it may he moved as an independent; 
 motion, when the amendment has been re 
 jected. 
 
 [In many legislative assemblies the practice 
 is different, and motions to postpone indefi- 
 nitely cannot be amended, for the reason that 
 one form of question cannot be changed into 
 another. — Ed.] 
 
 178. If a motion is made for a postpone- 
 ment to a day certain, it may be amended by 
 the substitution of a different 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. This motion stands in the same degree 
 Tvith motions for the previous question, — to 
 commit, — and to amend ; and, if first made, 
 is not susceptible of being superseded by 
 them. 
 
 180. If a motion for postponement is de- 
 cided affirmatively, Ihe proposition to which it 
 is applied is removed from before the assem- 
 bly, with all its appendages and incidents, and 
 consequently there is no ground for either of 
 the other subsidiary motions ; if decided nega- 
 tively, that the proposition shall not be post- 
 
110 PARLIAMENTARY PRACTICE. 
 
 poned, that question may then be suppressed 
 by the previous question, or committed, or 
 amended. 
 
 Commitment. 
 
 181. A motion to commit,* or recommit 
 (which is the term used when the proposition 
 has ah'eady been once cojnmitted), may be 
 amended, by the substitution of one kind of 
 committee for another, or by enlarjn^infj^ or 
 diminishing the number of the members of 
 the committee as originally proposed, or by 
 instructions to the committee. 
 
 [* The motion itself may be debated, but 
 no debate on the merits of the ([uestion id 
 allowed until reported back to the house. — Ed. J 
 
 182. This motion stands in the same degi ee 
 with the previous question and postponement 
 — and, if tirst made, is not superceded by 
 them— but it takes precedence of a motion to 
 amend. 
 
 183. If decided affirmatively, the propo- 
 sition is removed from before the assembly ; 
 and, consequently, there is no ground for the 
 previous question, or for the postponement, or 
 amendment : if negatively, to wit, that the 
 principal (juestion shall not be committed. 
 
AMENDMENT. 
 
 Ill 
 
 that question may then be suppressed by 
 the previous question, or postponed, or 
 
 amended. 
 
 Amendment. 
 
 1 84. A motion to amend, as has 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. 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 amendment 
 is not suppressed by postponing or adjourning 
 the principal question, but remains before 
 the assembly, whenever the main 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 assembly had no power to 
 postpone the whole subject. 
 
 186. A motion to amend may also be super- 
 seded by a motion to commit ; so that the 
 latter, though subsequently moved, is to be 
 first put ; because, "in truth, it facilitates and 
 befriends the motion to amend." 
 
112 PARLIAMENTARY PRACTICE. 
 
 187. The effect of botli a negative and an 
 affirmative decision of amendments has ah-eady 
 been considered (04 to 127). 
 
 CHAPTER XL 
 
 OF THE ORDER OF PROCEEDING. 
 
 188. Wlien several subjects are before the 
 assembly, tbat is, on their table for consider- 
 ation (for there can be but a single subject 
 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 .»haU 
 be first taken up ; but left to his own dis- 
 cretion, unless the assembly on a question 
 decide to take up a particulai* subject. 
 
 189. A settKd order of business, however, 
 where the proceedings of an assembly aio 
 likely to last a considerable time, and the 
 matters before it are somewhat numerous, is 
 useful if not necessaiy for the government of 
 the ])residiiig officer, and to restrain individual 
 members from calling up favorite measures, 
 or matters under their special charge, out of 
 their iust time. It is also desu'able, for direct- 
 
ORDER OF BUSINESS. 113 
 
 ing the discretion of the assembly, when a 
 motion is made to take up a particular matter, 
 to the prejudice of others, which are of right 
 entitled to be first attended to, in the general 
 order of business. 
 
 190. The order of business may be estab- 
 lished in virtue of some general rule, or by 
 special orders relating to each particular sub- 
 ject ; and must, of course, necessarily depend 
 upon the nature and amount of the matters 
 before the assembly. 
 
 191. The natural order, in oonsidering and 
 amending any paper which consists of several 
 discinct propositions, i?, to begin at the begin- 
 ing, and proceed through it by paragraphs j 
 and this order of proceeding, if strictly ad- 
 hered to, as it should always be in numerous 
 assemblies, would prevent any amendment in 
 a former part from being admissable, after a 
 latter part had been amended ; but this rule 
 does not seem to be so essential to be observed 
 in smaller bodies, in which it may often be 
 advantageous to allow of going from one part 
 of a paper to another, for the purpose of 
 amendments. 
 
 192. To this natural order of beginning at 
 the beginning, there is one exception accord- 
 
114 PARLIAMENTARY PRACTICE. 
 
 ing to parliamentary usage, where a resolution 
 or series of resolutions, or other paper, has a 
 preamble or title ; in which case, the preamble 
 or title is postponed, until the residue of the 
 paper is gone through with, 
 
 11)3. In considering a proposition consisting 
 of several paragraphs the course is, for the 
 whole paper to be read entirely through, in 
 the first place by the clerk : then, a second 
 time, by the presiding officer, by paragraphs ; 
 pau-iug at the end of each, and putting ques- 
 tions for amending, if amendments are pro- 
 posed ; and, when the whole ))aper has been 
 gone through with, in this manner, the presid- 
 ing officer puts the final question on agreeing 
 to or adopting the whole paper, as amended, 
 or unamended 
 
 104. When a paper which has been refer- 
 red to a committee, and reported back to the 
 assembly, is tak'U up for consideration, the 
 amendments only are first read, in course, by 
 the clerk. The presiding officer then leads 
 the first, and puts it to the question, and 
 so on until the whole are adopted or re- 
 jected, before any other amendment is ad- 
 mitted, with the exception of an amendment 
 to an amendment. When the amendments re- 
 
ORDER or BUSINESS. 115 
 
 ported by the committee have been thus dis- 
 posed of, the presiding officer pauses,and gives 
 time for amendments to be proposed in the 
 assembly to the body of the paper (which he 
 also does, if the paper has been reported with- 
 out 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, 
 &c., of the assembly. 
 
 195. The final question is sometimes stated 
 merely on the acceptance of the report, but a 
 better form is on agreeing with the committee 
 in the resolution, order, or whatever else the 
 conclusion of the report may be, as amended, 
 or without amendment ; and the resolution 
 or order is then to be entered in the journal as 
 the resolution &c., of the assembly, and not 
 as the report of the committee accepted. 
 
 196. When the paper referred to a commit- 
 tee is reported back, as amended, in a new 
 draft (which may be and often is done, whei-e 
 the amendments are numerous and compara- 
 tively unimportant), the new draft is to be 
 considered as an amendment, and is to be 
 first amended, if necessary, and then put to 
 tho question as an amendment reported by 
 
116 PARLIAMENTARY PRACTICE. 
 
 the committee ; or, the course may be, first to 
 accppt the new draft as a substitute for the 
 original paper, and then to treat it as such. 
 
 197. It often happens, that, besides a 
 principal question, there are severiJ others 
 connected with it, ponding at the s:ime time, 
 which are to be taken in their order ; as, for 
 example, suppose, ^flrst, a principal motion : 
 second, a motion to amend third, a motion 
 to commit: fourth, the proceeding motions be- 
 ing j>cnding, a question of ordor arises in the 
 debate, which gives occasion.^/?/ /A, to a ques- 
 tion of privilege, and this lead.>, sixth, to a 
 subsidiary 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 
 tliis is negatived, tlie 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. lasth', the main question. 
 This examjile will sufficiently illustrate the 
 manner in which questions may grow out of 
 one another, and in what order they are to be 
 decided.* 
 
 • The order of motions, for the disposal of any quesMon, 
 Is usually fixed by a special rule, in legislative assemblies. 
 See note to paragraph 61. 
 
ORDER OF BUSINESS. IIT 
 
 198. When a motion is made and seconded, 
 it is the ddty of the presiding officer to pro- 
 pose 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 debate it, or to make 
 any motion in relation to it whatever. 
 
 199. It is therefore a most unparliamentary 
 and abusive proceeding to allow a principal 
 motion and a subsidiary 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 piincipal question, 
 are-olution, for example, and, at the same 
 time, the previous question, or that the reso- 
 lution lie on the table. In such a case, the 
 presiding officer should take no notice what- 
 ever of the subsidiary motion, but should 
 propose the principal one by itself in the usual 
 manner, before allowing any other to be made. 
 Other members, then, would not be deprived 
 of their rights of debate, &c., in relation to 
 the subject moved. 
 
 200. When a member has obtained the 
 floor, he cannot be cut off from addressing the 
 assembly, on the question before it ; nor, when 
 
118 PARLIAMENTARY PRACTICE. 
 
 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 rule, that a 
 member in possession of ihe floor, or proceed- 
 ing with his speech, cannot be taken down or 
 interrupted, but by a call to order; and the 
 question of order being decided, he is still to 
 be heard through. A call for an adjourn- 
 ment, or for the orders cf the day. or for the 
 question, by gentlemen in their seats, is not a 
 motion : as no motion can be mnde, without 
 rising and addressing the chair, and being 
 called to by the presiding oflicer. 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. 
 
ORDER IN DEBATE. 119 
 
 CHAPTER XII. 
 
 OF ORDER IN DEBATE. 
 
 201. Debate iu a deliberative assemblv 
 must be distinguished 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 
 disputants, 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. It is a general rule, in all deliberative 
 assemblies, that the presiding officer shall not 
 participate in the debate, or other pi'oceedings, 
 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 
 
 * 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 replj' to the ar^ments brought against his motion; 
 but this is a matter of favor and indulgence, and not of right. 
 
120 PARLIAMENTARY PRACTICE. 
 
 proceeding, when called upon for that pur- 
 pose, or when he finds it necessary to do so ; 
 and on appeals from his decision on questions 
 of order, to address the assembly in debate. 
 
 Sect. I. As to the Manner of speaking. 
 
 203. When a member desires to address 
 the assembly, on any subject before it (as 
 well as to make a motion), he is to rise and 
 stand up in his place, uncovereil, and to 
 address himself not to the assembly, or any 
 particular member, but to the presiding officer, 
 who, on hearing him, calls him by his name, 
 oiiat 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 fioor, where several mem- 
 bers rise at or nearly at ihe same time, it is 
 decided in the manner already described (-46), 
 as to obtaining the floor to make a motion. 
 
 204. It is customary, indeed, for the pre- 
 siding officer, after a motion has been made, 
 seconded, and proposed, to give the floor to 
 the mover *, in preference to others, if he rises 
 
 •Sometimes a m* mber, instead of proposing his 
 motion, ar flrr-r, proce*^ds with his speecl\; but in such a 
 "lise, he Is liable to be taken down to order, unless he 
 .^ates that he intends to conclude with a motion, and 
 
MANNER OP SPEAKING. 121 
 
 to speak; or, on resuming a debate, after an 
 adjournment, to give the floor, if he desires it, 
 to the mover of the adjournment, in preference 
 to other members; or, where two or more 
 members claim the floor, to prefer him who 
 is opposed to the measure in question; but 
 in all these cases, the determination of the 
 presiding officer may be overruled by the 
 assembly. 
 
 205. 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, though 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 the presiding officer to 
 take notice of and enforce agreements of this 
 natiu'e between members. 
 
 206. Xo person, in speaki rg, 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 
 
 Informs tlie assembly what that motion is, and ihe> ve 
 may be allowed to proceed. 
 
122 PARLIAMENTARY PRACTICB. 
 
 6ome other equivaleut expression. The pur- 
 pose of this rule is to guard as much as 
 possible agaiust the excitement of all personal 
 feeling, either of favor or of hostiht\', by sepa- 
 rating, as it were, the official from the personal 
 character of each member, and liaving regard 
 to the former only in the debate. 
 
 207. If the presiding officer lises up to 
 «peak, an}- 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, whilst speaking, 
 or to cut off one to whom he has given the 
 floor : he must wait like other members until 
 such member has done speaking. 
 
 208. A member, whilst speaking, must re- 
 main standing in his place, uncovered : and 
 when he has finished his speech, he ought tc 
 resume his seat ; but if unable to stand with- 
 out pain or inconvenience, in consequence of 
 age, sickness, or other infirmity, he may be 
 indulged to speak sitting. 
 
 Sect. II. As to the Manner of speaking. 
 
 209. Every question, that can be made in 
 a deliberative assembly, is susceptible of being 
 
MATTER IN SPEAKING. 123 
 
 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 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 withia 
 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 pa- 
 tience of the assembly, the members seldom 
 fail to show their dissatisfaction in some way 
 or other, which induces him to bring his re- 
 marks to a close. 
 
 210. It is also a rule, that no person, in 
 speaking, is to use indecent 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 
 
 * In legislative bodies, it is usual to provide, that certala 
 quesiions, as, lor example, to aajourn, to lie on tlie table, 
 fertile previous question, or, as to tlie order of bu&iness, 
 sball be decided wiihout debate. [In Congress, all 
 debate is interdicted.— ^rf.] 
 
124 PARLIAMENTARY PRACTICE. 
 
 pending, and not adopted, though it may have 
 been reported bv a committee, reflections on 
 it are no reflections on the assemblv. The 
 rule applies equally to the proceedings of 
 committees; which arc, indeed, the proceed- 
 ings of the assemV)ly. 
 
 211. Another rule in speaking is, that no 
 member is at liberty to diprress from the mat- 
 ter 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 the 
 motives of those who advocate it, is a person- 
 ality and against order. 
 
 212. It is very often an extremely difficult 
 and delicate matter to decide whether the re- 
 marks of a member are pertinent or relevant 
 to the (juestion : but it will, in general, be safe 
 for the presiding officer to consider them so, 
 unless they yery clearly reflect, in an improper 
 manner, either upon the person or motives of 
 a member, or upon the proceedings of the 
 assembly : or the member speaking digresses 
 from or manifestly mistakes the question. 
 
 213. It often happens in the consideration 
 of a subject, that, whilst the general question 
 
MATTER IX SPEAKING. 125 
 
 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 series of resolutions, 
 the particular question may, at one moment, 
 be on an amendment ; at another on postpone- 
 ment ; and, again, on the previous question. 
 In all these cases, the particular question 
 supersedes, for the time, the main question ; 
 and those who speak to it must confine their 
 remarks accordingly. The enforcement of 
 order, in this respect, requires the closest 
 attention on the part of the presiding officer. 
 
 214. When a member is interrupted by the 
 presiding officer, or called to order by a mem- 
 ber, for irrelevancy or departing from the 
 question, a question may be made as to 
 whether he shall be allowed to proceed in his 
 remarks, in the manner he was speaking when 
 he was interrupted ; but, if no question is 
 made, or if one is made and decided in the neg- 
 ative, he is still to be allowed to proceed in 
 order, that is, abandoning the objectionable 
 course of remark. 
 
 [The member addressing the chair, will 
 say, " I rise to a point of order." Having 
 stated the points which, in his opinion, show 
 
12C PAULIASIENTAKY rRACTIC'E. 
 
 tliat the S}>eakor is digressive and irrelevant 
 in his remarks, the presiding officer will 
 rule whether the memher is out of order or 
 not. If an appeal is taken from the j)resi- 
 dent's ruling, it is not dehatable. — Ki>.] 
 
 Sect. III. As to timks ok stkakin*;. 
 
 21.'». The general rule, in all ddiherative 
 assemhlies, unless it is otherwise Rj>eoiallv 
 provided, is, that no member sh.ill speak more 
 than once to the same question ;• although the 
 <lehale on tliat question may he adjourned 
 and 0(»ntinued throunh several davs ; and. 
 althougli a memher, who desires to sjH'ak a 
 «ec«>nd time, has, in the course of tli<^ debate, 
 changed liis ojtinion. 
 
 [This rule exists in Congress, but in asi- 
 semblies wliich have adopted no rule, mem- 
 bers may speak twice to principal and sub- 
 sidiary tpiestions, but not on questions of order 
 that are debatable. Hut whether a member 
 has spoken once or twice, he may sjieak again 
 in e.\])lanation. — Kn.] 
 
 *2i0. Tliis rule refers to the same question, 
 
 • Tiie mover .and seconder, if they do not sj>e.ik to the 
 question, at the time when the nmtion is m.ado .ind ser- 
 onded. li.-we the same right with other membera to address 
 the assembly. 
 
TIMES OF SPEAKING. 127 
 
 technically 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 sub- 
 sidiary or incidental questions arising in the 
 course of the debate. 
 
 217. The rule, as to speaking but once on 
 a question, if strictly enforced, will prevent a 
 member from speaking a second time without 
 the general consent of the assembly, so long 
 as there is any other member who himself 
 desires to speak ; but, when all who desire to 
 speak have spoken, a member may speak a 
 second time by leave of the assembly. 
 
 218. 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 
 explain 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; 
 
128 PAULIAMKNTAUY rRACTICE. 
 
 219. It is sometimes supposed, that, be- 
 cause a membor lias a riijht to explain him- 
 self, 1m? therefore has a rij^ht to interrujU an- 
 other niemher whilst speaking, in order to 
 make the explanation : l)ut this is a mistake; 
 he should wait until the member speakinj]^ has 
 finished ; and if a memljcr, on Ijeinij requested, 
 yields the floor for an exjdanation, he relin. 
 quishes it ^Itogetlier. 
 
 Skot. IV. As TO STOPPING Derate. 
 
 220. The only mode in use, in this eountry, 
 until recently, for the j)urpo8e of jiutting an 
 end to an unprofitable or tiresome debate, 
 was by moving the previous question; the 
 effect of which motion, as already explained, 
 if decided in the affirmative, is to require the 
 main or principal question to be immediately 
 taken. When this question is moved, there- 
 fore, it necessarily suspends all further con. 
 eideration of the main (juestion, and precludes 
 all further debate or amendment of it ; though, 
 as has been seen, it stands in the same degree 
 with postponement, amendment, and conmiit- 
 ment ; and, unless in virtue of a special rule, 
 cannot be move<l while either of those mo- 
 tions is pending. 
 
STOPPIXG DEBATE. 129 
 
 221. The other mode of putting an end to 
 debate, which has recently been introduced 
 into use, is for the assembly to adopt before- 
 hand a special order in reference to a particular 
 subject, that, at such a time specified, all de- 
 bate upon it shall cease, and all motions or ques- 
 tions pending in relation to it shall be decided. 
 
 222. Another rule, which has lately been 
 introduced for the purpose of shortening 
 rather than stopping debate, is, that no mem- 
 ber shall be permitted to speak more than a 
 certain specified time on any question ; so that, 
 when the time allotted has expired, the pre- 
 siding ofticer announces the fact, and the 
 member speaking resumes his seat. 
 
 [Closure. — Under this name, the British 
 Parliament (1884) introduced a rule that when 
 debate has become tedious and disorderly, 
 obstructs the imperative business of the house, 
 and is considered to imperil the interests of 
 the country, it may be summarily closed by a 
 majority vote, and the measure under consider- 
 ation be thereupon submitted to the decision 
 of the assembly. — The Congress of the United 
 States (1886) has adopted a more effectual 
 rule to enable a question, after reasonable de- 
 bate, to be taken at once. 
 p 
 
130 PARLIAMENTARY TRAi TI< E. 
 
 The rule which limits :i speaker to a speci- 
 fieil time j)re vails in most deliberative assem- 
 blies, as well as in courts of law, ami is an 
 effectual check to prolix ami unproHtable de- 
 bate. Where every meml)er has a right to be 
 ieard, the rule should be rigidly enforced, 
 not onlv to facilitate business, but in order 
 that the sessi'./n shall not be protracted to an 
 unseasonable h<jur. A motion to adopt this 
 rule should be seconded, and a vote taken 
 without debate, its design being not to in- 
 crease, but to prevent the consumj)tion of 
 time. — Ki».] 
 
 Sect. V. As to De<'orum in Derate. 
 
 22'^. Everv member haviuir the ri'jht to be 
 hear<l, everv other member is bound to con- 
 duct himself in such a manner, that this right 
 may be etTectual. Hence, it is a rule of order, 
 as well as of decencv, that no member is to 
 disturb another in his speech by hissing, 
 coughing, spitting; by speaking, or whisper- 
 ing; by j>assing between the presi(,ling officer 
 and the member speaking; by going across 
 the assembly-room, or walkitig up and down 
 in it; or by any other disorderly deportment, 
 
STOPPIXG DEBATE. 131 
 
 which tends to disturb or disconcert a member 
 who is speaking. 
 
 224. But, if a member speaking finds, that 
 he is not regarded with that respectful atten- 
 tion, which his equal right 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 him- 
 self to the pleasure of the assembly, 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 
 provocation, or that they are so wholly inat- 
 tentive to one, who savs anv thins^ worth their 
 hearino'. 
 
 225. 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 who obstinately 
 persists in irregularity ; whereupon the as- 
 sembly may require such member to with- 
 draw ; who is then to be heard, if he desires 
 it, in exculpation, and to withdraw ; then the 
 
132 PARLIAMENTARY rRACTICE. 
 
 presiding officer states the otfence coininitted, 
 and the assembly considers of the kind and 
 degree of punishment to be inflicted. 
 
 •220. If, on rt'|)eate<l trials, the presiding 
 officer tinds that the assembly will not sujiport 
 liini in the exercise of his authoritv, he will 
 then be justified, but not till then, in permit- 
 ting, without censure, every kind of disorder. 
 
 Sect. W. As to Disorderly W<h:i>s; 
 
 227, If a member, in speaking, makes use 
 of language, whith is personally offensive to 
 another, or insultini' to the assend>lv, and the 
 member offended, or any other, thinks jnoper 
 to complain of it to the assembly, the course 
 of proceeding is as follows : 
 
 228. Tlie member speaking is immediately 
 interrupted in the course of his speecn, by 
 another or several members rising and callinsr 
 to order ; and, the member, who ol>jects or 
 complains of the words, is then calle<l upon 
 by the presiding officer to state the words 
 which he complains of, rej>eating them exactly 
 as he conceives them to have been spoken, 
 in order that thev may be re<luced to writiuij 
 by the clerk ; or the mend)er comi)laining, 
 without being so called upon, may proceed at 
 
DECORUM IX DEBATE, 133 
 
 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 their being thought disorderly, he will 
 prudently delay giving any such directions, in 
 order not unnecessarily to interrupt the pro- 
 ceedings ; 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 presiding 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. 
 
 229. The words objected to being thus 
 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, 
 who may deny that those are the words 
 which he spoke, in which case, the assembly 
 must decide by a question, whether they 
 are the words or not.* If he does not deny 
 
 * The words, as written down, may be amended, so as to 
 conform to what th(i assembly thinks to be the truth. 
 
134 PARLIAMENTARY PRACTICE. 
 
 that he spoke those words, or when the 
 assembh' 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 beinp^ disorderly; or he may make an 
 apology for them. 
 
 280. If the justification, or explanation, or 
 apology, of the member, is thought suthcient 
 by the assembly, no further proceeding is 
 nece«8arv; the nu'ml)er mav n^sume and go 
 on with his speech, the assembly being pre- 
 sumed, unless some further motion is made, 
 to be satisfied ; 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 whether the member in using 
 them has been guilty of any offence towards 
 the assembly, 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 
 punishing the member, as may be thought 
 necessary and proj)er. 
 
 231. The a>)oye is the course of proceeding 
 established by the writers of prreatest author- 
 
DISORDERLY WORDS. 135 
 
 ity *, 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 
 instance, upon the character of the words. 
 
 232. If offensive words are not taken notice 
 of at the time they are spoken, f but the 
 member is allowed to finish his speech, and 
 then any other person speaks, or any other 
 matter of business intervenes, before notice ia 
 taken of the words which gave offence, the 
 words are not to be written down, or the 
 member using them censured. This rule is 
 established for the 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. Hatsell, in England, and Mr. Jefferson, in this 
 country. 
 
 t 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. 
 
136 PAKLLVMEXTAKV I'KACTICE. 
 
 CHAPTER XIII. 
 
 OF THE QUESTION. 
 
 233. When any j>roposition is made to fl 
 deliberative assembly, it is called a 7notion / 
 when it is stated or j>roj»ounded to the as- 
 sembly, for their acceptance or rejection, it is 
 denominated a qut'stion ; and, when adopted^ 
 it becomes the order^ resolution^ or vote^ of the 
 assembly. 
 
 234. 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 j)ropo- 
 gition may be fi>und to unite in its favor, or 
 to fail of uniting, a majority of the mem- 
 bers. 
 
 235. When any proposition, whether j)rinci- 
 pal, 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 
 
FORM OF QUESTIOX. 137 
 
 debate upon it, if any, appears to be brought 
 to a close, the presiding officer then inquires, 
 whether the assembly is ready for the ques- 
 tion ? and, if no person rises, the question is 
 then stated, and the votes of the assembly 
 taken upon it. 
 
 236. 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 member presents a petition, or the 
 chairman of a committee offers a report, the 
 question which arises, if no motion is made, 
 is. Shall the petition or the report he received'} 
 and, so, when the previous question is moved, 
 it is stated in this form. Shall the main ques' 
 Hon he noio put f — 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 matters of trifling importance, or 
 which are generally of course, such as re. 
 ceiving petitions and reports, withdrawing 
 motions, reading papers, &c., the presiding 
 officer most commonly supposes or takes for 
 granted the consent of the assembly, where 
 no objection is expressed, and does not go 
 through the formality of taking the question 
 by a vote. But if, after a vote has been 
 
138 I'AKI.IAMKN r AKV rK\< IKE. 
 
 taken in this informal way and declarcMl, any 
 inenil»er rises to object, the picsidin^ <^fticer 
 should consiiltT every thing that lias passed 
 as nothing, and, at once, go b,ick and juirsue 
 the regular course of proceeding. Thus, if a 
 petition is received, without a question, and 
 the clerk is proceeding to read it, in the usual 
 order of business, if any one rises to object, 
 it will be the safest and most proper course, 
 for the presiding othcer to require a motion for 
 receiving it to be regularly made and sec- 
 onded. 
 
 liSs. The (piestion being stated by the pre- 
 si<ling officer, he first juits it in the affirmative, 
 namely : As tnatnj as are of opinion that — 
 repeating the words of the question, — say 
 aye ; and, immediately, all the members who 
 are of that opinion answer aye ; the presiding 
 officer then puts the question negatively ; As 
 many as are of a difierent opinion, sny no ; 
 and, thereupon, all the members who are «»f 
 that opinion answer n*K 'Die presi<ling officer 
 judges by his ear which side has " tlic more 
 voices," and tlecides accordingly, that the ayes 
 have it, or the noes have it, as the case may be. 
 If the presiding officer is <b^ubtful .as to the 
 majority of voices, he may j.ut the question a 
 
TAKIXG THE QUESTIOX. 139 
 
 second time, and if he is still unable to decide, 
 or, if, having decided according to his judg- 
 ment, any member rises and declares that he 
 believes the ayes or the noes (whichever k may 
 be) have it, con'trary to the declaration of the 
 presiding officer,* then the presiding officer 
 directs the assembly to divide, in order that 
 the members on the one side and the other 
 may be counted. 
 
 239. If, however, any new motion should 
 be made, after the presiding officer's decla- 
 ration, or, if a member, who was not in the 
 assembly-room when the question was taken, 
 should come in, it will then be too late to 
 contradict the presiding officer, and have the 
 assembly divided. 
 
 240. The 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 pre- 
 siding officer cannot determine, by the show 
 
 * The most common expression is ; " I doubt the vote," 
 or. " that vote is doubted." 
 
140 PARIJAMKXTAKY rKAcTKE. 
 
 of lian«l<i, wliicb s'nlo has the majority, he may 
 call upon the members to vottJ again, and if 
 be is still in (h)ubt, or if his declaration is 
 questioned, a division takes place. When 
 the question is taken in this manner, the pre- 
 siding otlicer «iire«'ts the numbers, first on the 
 aftirmative side, and then on the negative, to 
 manifest their opinion by hoKling up the right 
 hand. 
 
 •J41. Wluii a division of the assemblv takes 
 place, the prrsiding ofhcer sometimes <lireets 
 tlie members to ranixe tlu-mselves on ditferent 
 bltles of the ass('nd>ly-room, and either counta 
 them himself, or they are counted by tellers 
 aj'poinled by him for the pur}>ose, or by moni- 
 tors permanently appointed for tljat and other 
 purposes; or the members rise in their seats, 
 lirst on the alhrmative 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 numbei-s and declares 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 numbei-s to the presiding officer, 
 who, thereupon, declares the result. 
 
YEAS AND NAYS. 141 
 
 242. 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 assembly-room, and then 
 to require the membei'S, first those in the 
 affirmative, and then those in the nega- 
 tive, to rise, stand uncovered, and be 
 counted ; this being done, on each side, the 
 tellers of the several divisions make their 
 returns, and the 23residing officer declares 
 the result. 
 
 243. If the members are equally divided, the 
 presiding officer may, if he 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 neg- 
 ative. [See §25, also page 146, § 249. Note^ 
 
 244. 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 room at that time. 
 
 245. The only other form of takinsr the 
 question, which requires to be described, is 
 one in general use in this country, by meang 
 of which the names of the members votinsf on 
 
142 PARLIAMENTARY rRACTlCK. 
 
 the one side and on the other are ascertained 
 and entered in the journal of the assembly. 
 This mode, whioh is peculiar to the legislative 
 bodies of the United States, is called taking 
 the question by yeas an<l nays. In order to 
 take a (|uesti()n in this manner, it is stated on 
 both si<les at once, namely: .l.v )n(nn/ as are 
 of opinion., that., etc., will when their names 
 are calUd^ answer yes ; and. As inamj as are 
 of a different opi/iion will., when (heir 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 )io., 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 havf an- 
 swered in the afhrmative and then the names 
 of those who have answered in the negative, 
 in order that if he has made anv mistake in 
 notini^ the answer, or if anv member lias made 
 a mistake in his answer, the mistake of 
 either may be coixected. 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 ju-esiding 
 otticer, who declares the result to the assembly. 
 
YEAS AND NAYS. 143 
 
 [By the Constitution of the United States 
 one fifth of the members of Congress may 
 compel the taking of a question by yeas and 
 nays. In many of the State constitutions the 
 number is the same ; in some, the power is 
 given to three, in some to two, and in some 
 to one member. In all deliberative bodies 
 which have no prescribed rule on the subject, 
 the yeas and nays can be ordered only by the 
 majority, ascertained by motion, question 
 and vote. Vide Par. 25, nbte. — Ed.] 
 
 246. The following is the mode practised 
 in the house of representatives of Massachu- 
 setts, (which is by far the most numerous of 
 all the legislative bodies in this country,) of 
 taking a question by yeas and nays. The 
 names of the members being jDrinted on a 
 sheet, the clerk calls them in their order ; and 
 as each one answers, the clerk (responding to 
 the member, at the same time) places a figure 
 in pencil, ex^^ressing the number of the an- 
 swer, at the left or right of the name, accord- 
 ing 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 re- 
 spective numbers of the affirmatives and nega- 
 
144 PARMAMKNTARY PRACTICE. 
 
 tiveson the division. Tims, at the left hand of 
 the name of the member who first answers yes, 
 the clerk places a figure I ; at the right hand 
 of the first member who answers wo, 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 
 answer is yea or nOy ami the figure denoting 
 the number of the answer on that side. The 
 affirmatives and neg-atives are then read sc])- 
 arately, if necessary, though this is usually 
 omitted, and. the clerk is then prepared, ])y 
 means of the last figure on each side, to give 
 the numbers to the speaker to be announced 
 to the house. Tho names and answers are 
 afterwardii recorded on the journal. 
 
 24T. In any of the modes of taking a ques- 
 tion, 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 negative 
 has been put, it is in order for any member, in 
 the same manner as if the division had not 
 commenced, to rise and speak, make motions 
 lor amendment, or otherwise, and thus renew 
 the debate ; and this, whether such member 
 
QUESTIONS ON A DIVISION. 145 
 
 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 members 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. 
 
 [A member who asserts that he voted by 
 mistake, may change his vote after the yeas 
 and nays are called. In some legislative bodies 
 however, members are permitted to change 
 their votes even after the business is disposed 
 of, provided such change does not alter the 
 result. — Thus they are given the benefit of 
 the " sober second thought " as to which side 
 will be popular with their constituents who 
 inspect the yeas and nays. — Ed.] 
 
 248. If any question arises, in a point of 
 order, as, for example, as to the right or the 
 
14'6 PAKLIAMKMAKY PKAi TICK. 
 
 duty of a member to vote, during a division, 
 the presiding officer must decide it perempto- 
 rily, subject to the revision and correction of 
 the assembly, after the division is over. In a 
 case 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 a}>pearance of a debate ; 
 but this can onlv be with the leave of the 
 presiding officer, as otherwise the division 
 might be j)r()l<^nged to an inconvenient length; 
 nor can any (piestion be taken, for otherwise 
 there might be division upon division without 
 end. 
 
 249. When, from counting the assembly on 
 a division, it appears that there is not a (pio- 
 rum j)resent, there is no decision : but the mat- 
 ter in question continues in the same state, in 
 which it was before the division ; and, when 
 afterwards resumed, whether on the same or 
 on some future day, it must be taken up at 
 that precise point. 
 
 fit is 8<:)metimes claimed that it is tlie "duty of thepresidiii;^? 
 officer to eive the casting: votf'," but this dei>en(is on the hiw. 
 or the will of the assembly, as expressed in the rules which it 
 has adopted to regulate its procnedinjos. In most assemblies 
 the presi(lintr < ifflcer pives the casting vote according to a fixed 
 rule or fustom; but it is not his '" diitv " to do so under ^f»n- 
 eral parliamentary law.— The Constitution of the Uuitel 
 States »er;»j7s the President of the Senate to vote on a tie only 
 — but cloes not command it.' See Jj 'i^i. — Ed.] 
 
EKCONSIDERATION. 147 
 
 CHAPTER XIV. 
 
 OF RECONSIDERATION. 
 
 250. It 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 affirm- 
 ative or negative, that decision is the judgment 
 of the assemblv, and cannot be asjain brousfht 
 into question. 
 
 251. This principle holds equally, although 
 the question proposed is not the identical 
 question which has already been decided, but 
 only its equivalent ; 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 equiva- 
 lents of one another, and a decision of the one 
 necessarily concludes the other. 
 
 252. A common application 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 
 
148 PARLIAMEXTAKV PKACTICE. 
 
 consider the negative of striking out as equiv- 
 alent to the iifhrniative of agreeing ; so that to 
 put a question on agreeing, after a question 
 on striking out is negatived, would be, in 
 effect, to put the same question twice over. 
 
 253. The princi])le above stated does not 
 apply so as to prevent putting the same ques- 
 tion in the different stages of any j)roceeding, 
 as, fur exam})lc, in legislative bodies, the 
 different stages of a bill ; so, in considering 
 reports of committees, questions already taken 
 and decided, before the subject was referred, 
 may l)e again proposed ; and, in like manner, 
 orders of the assemblv, and instructions or 
 references to committees, may be discharged 
 or rescinded. 
 
 254. The inconvenience of this rule, which 
 is still maintained in all its strictness in the 
 British j)arliament (though divers expedients 
 arc there resorted to[as an explanatory or 
 amending act] to counteract or evade it), has 
 led to the introduction into the parliamentary 
 practice of this country of the motion for re- 
 consideration ; [which is not known in England] 
 which, while it recognizes and upholds the 
 rule in all its ancient strictness, yet allows a 
 deliberative assembly, for sufficient reasons, to 
 
RECONSIDERATION. 149 
 
 relieve itself from the embarrassment and in- 
 convenience, which would occasionally result 
 from a strict enforcement of the rule in a 
 particular case. 
 
 255. It has now come to be a common 
 practice in all our deliberative assemblies, 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. 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 condition, 
 and the same questions are to be put in re- 
 lation to it, as if the vote reconsidered had 
 never been passed. Thus, if an amendment 
 by inserting words is moved and rejected, the 
 same amendment cannot be moved again ; 
 but, the assembly may reconsider the vote by 
 which it was rejected, and then the question 
 will recur on the amendment, precisely as if 
 the former vote had never been passed. 
 
 257. It is usual in legislative bodies, to 
 regulate by a special rule the time, manner, 
 and by whom, a motion to reconsider may be 
 
150 PARLIAMENTARY rUArTlCE. 
 
 ma<le; tliiis, for exaniplc, that it shall be made 
 
 ooly on the same or a succeetling day, — hy a 
 
 member who voted with the ninjority, — or 
 
 at :i time wlien there are as many members 
 
 present as there were when the vote was 
 
 passed ; btit, wliere there is no special rule on 
 
 the subject, a motion to reconsicler must be 
 
 considered in the same litrht as aiiv otlu-r 
 
 'nu)tion, an<l as subject to no other rules. 
 
 [^Thc member who makes llie motion, whelli' 
 or there is a special rule on the subject or not, 
 must belon*j to the majority, or to the dom- 
 inant ]»artv in a Itixislative body ; it cannot be 
 made bv one in tlie minoritv, especially wliere 
 tlie majority in favor of the ))rc/position is 
 manifestly immovable. All rules, special or 
 jreneral, should tend to discourai^e a wnste of 
 time. — In the Seuatp of the United States 
 there was in force, until lately, a rule whicli 
 prevente<l <lebr;te on the motion to reconsider; 
 out on June 21st, l^^^'i, 2Mr. Edmunds's resolu- 
 tion to amen<l the rules so as to admit of de- 
 bate on amotion to reconsider was passed, and 
 'he rules weic amende<l accord intjly. The 
 rule, as thus umende<l, is in accordance with 
 eood j>arliainentary law; f<»r when the motion 
 for reconsideration is made, and again when 
 it prevails, the motion being a new one, neces- 
 sarily brings uj) for discussion the merits of 
 the original question. — Kd.l 
 
COMMITTEES. 151 
 
 CHAPTER XV. 
 
 OF COMMITTEES. 
 Sect. I Their Nature axd Fuxctioxs. 
 
 258. It is usual in all deliberative assera 
 blies, to take the jDreliminary (sometimes, 
 also, the intermediate) measures, and to -pre- 
 pare matters to be acted upon, in the as- 
 sembly, by means of committees, composed 
 either of members specially selected for the 
 particular occasion, or appointed beforehand 
 tor all matters of the same nature. 
 
 259. Committees of the firsi kind are 
 usually called select, the others standing^ 
 though the former appellation belongs with 
 equal propriety to both, in order to distinguish 
 them from another form of committee, con- 
 stituted either for a j^articular occasion, or for 
 all cases of a certain kind, which is composed 
 of all the members of the assembly, and there, 
 fore denominated a committee of the whole* 
 
 260. The advantages of proceeding in this 
 mode are manifold. It enables a deliberative 
 assembly to do many things, which, from its 
 
Ib'Z TARLIAMENTARY PRACTICE. 
 
 numljers, it would otherwise be unable to do; 
 — to accom}»lish a much greater quantity of 
 business, by dividing it among the members, 
 than could possibly be aecomi)lished, if the 
 whole body were obliged to devote itself to 
 each particular subject ; — and to act in the 
 preliminary and preparatory steps, with a 
 greater degree of freedom, than is compatil)le 
 with the forms of proceeding usually observed 
 in full assembly, 
 
 *261. Committees 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, 
 either by personal inquiry and inspection, or 
 by the examination of witnesses ; and to 
 digest and put into the proper form, for the 
 ado})tion of the assembly, all resolutions, votes, 
 orders, and other papers, with which they 
 may be charged. Committees are commonly 
 said to be the " eves and ears" of the assem- 
 bly ; it is equally true, that, for certain pur- 
 poses, they are also its " head and hands." 
 
 2(j'2. The powers and functions of commit- 
 tees depend chiefly upon the general authority 
 and particular instructions given them by th« 
 assembly, at the time of their appointment ; 
 
APPOINTMENT OF COMMITTEES. 153 
 
 but they may also be, and very often are, 
 further instructed, whilst they are in the exer- 
 cise of their functions ; and, sometimes, it 
 even happens, that these additional instruc- 
 tions wholly change the nature of a commit- 
 tee, by charging it with inquiries quite differ- 
 ent from those for which it was originally 
 established. 
 
 Sect. II. Their Appointment. 
 
 263. In the manner of appointing commit- 
 tees, 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 assem- 
 bly. 
 
 264. In the appointment of select commit- 
 tees, 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 
 
154 PARLIAMENTARY PRACTICE. 
 
 through to the smallest, until the assembly 
 comes to a vote. 
 
 265. The number being settled, there are 
 three modes of selecting the members, to wit, 
 by the appointment of the presiding officer, — 
 by ballot, — and by nomination and vote of 
 the assembly ; the first, sometimes in vu'tue 
 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. 
 
 26G. In deliberative assemblies, whose sit- 
 tings ai'e of considerable length, as legislative 
 bodies, it is usual to provide by a standing 
 rule, that, unless otherwise ordered in a par- 
 ticular* 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 the members to compose it. Some- 
 times, also, the rule fixes the number, of which, 
 unless otherwise ordered, committees shall 
 consist. This mode of appointing a committee 
 is frequently resorted to, where there is no 
 rule on the subject. 
 
 267. When a committee is ordered to be 
 
APPOINTMENT OF COMMITTEES. 155 
 
 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 elec- 
 tions, as in other cases of the election of the 
 officers of the assembly, a majority of all the 
 votes given in is necessary to a choice. 
 
 268. When a committee is directed to be 
 appointed by nomination and vote, the names 
 of the members proposed are put to the ques- 
 tion singly, and approved or rejected by the 
 assembly, by a vote 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 manner, 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 pro- 
 posed. When the nomination is directed to 
 be made at large, the presiding officer calls 
 upon the assembly to nominate, and names 
 being mentioned accordingly, he puts to vote 
 the first name he hears. 
 
 269. It is also a compendious mode of ap. 
 pointing a committee, to revive one which has 
 already discharged itself by a report ; or by 
 charging a committee appointed for one pur- 
 
156 TARLIAMEXTARY TRACTICE. 
 
 pose with some additional duty, of the same 
 or a different character. 
 
 270. In regard to the appointment of com- 
 mittees, so far as the selection of the members 
 is concerned, it is a general rule in legislative 
 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, that, for the opposite reason, those who 
 only take exceptions to some particulars in the 
 bill are to be of the committee. This rule 
 supposes the purpose of the commitment to 
 be, not the consideration of the general merits 
 of the bill, but the amendment of it in its par- 
 ticular provisions, so as to make it acceptable 
 to the assembly. 
 
 271. This rule, of course, is only for the 
 guidance of the presiding officer, and the 
 members, in the exercise of their discretion; 
 as the assembly may refuse to excuse from 
 serving, or may itself appoint, on a committee, 
 persons who are opposed to the subject refer- 
 red. It is customary, however, in all deliber- 
 ative assemblies, to constitute a committee 
 of such persons, (the mover and seconder 
 of a measure being of course appointed,) a 
 
 I 
 
PROCEEDIXGS OF COMMITTEES. 157 
 
 majority of whom, at least, are favorably in- 
 clined to the measure proposed. [Practically 
 the majority is taken from the political party 
 dominant in the assembly, because a partisan 
 measure is expected and desired. — .Ed.] 
 
 272. When a committee has been appointed, 
 in reference to 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 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, other- 
 wise, to any other member of the committee. 
 
 Sect. III. Their Organization and 
 Manner of Proceeding. 
 
 273. The person first named on a committee 
 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 a right ta 
 elect its own chairman, who presides over it, 
 and makes the report of its proceedings to the 
 assembly. 
 
 274. A committee is properly to receive 
 
158 PARLIAMENTARY PRACTICE. 
 
 directions from the assembly, as to the time 
 and place of its meeting, and cannot regularly 
 sit at any other time or place; and it may be 
 ordered to sit immediately,whilst the assembly 
 is sitting, and make its report forthwith. 
 
 275. When no directions are given, a com- 
 mittee may select its own time and j)lace of 
 meeting; l>ut, without a special order to that 
 effect, it is not at liberty to sit whilst tho 
 assembly sits; and, if a committee is sitting, 
 when the assembly comes to order after an 
 adjournment, it is the duty of the chairman to 
 rise, instantly, on being ccrtitied of it, and, 
 with the other members, to attend the service 
 of the asscmblv. 
 
 276. In regard to its forms of proceeding, a 
 committee 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 ; 
 nothini; beins: the asrreement or rei^ort ot a 
 committee, but what is agretd to in that 
 manner ; — a vote taken in committee is as 
 binding as a vote of the assembly ; — a majority 
 of the members is necessarv to constitute a 
 quorum for business, unless a larger or smaller 
 number has been fixed by the assembly itself; 
 
PROCEEDINGS OF COMMITTEES. 159 
 
 -^and a committee has full power over what- 
 ever may be committed to it, except that it is 
 not at liberty to change the title or subject. 
 
 277. A committee, which is under no direc- 
 tions 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 orone through with the business committed 
 to it ; but, if it is ordered to meet at a par- 
 ti^iular time, and it fails of doing so, for any 
 cause, the committee is closed, and cannot 
 act without being newly directed to sit. 
 
 278. Disorderly words spoken in a commit- 
 tee must be written down in the same manner 
 as in the assembly ; but the committee, as 
 such, can do nothing more than rej^ort 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. When any paper is before a committee 
 whether select or of the whole, it mav either, 
 have originated with the committee, or have 
 been referred to them ; and, in either case, 
 when the paper comes to be considered, the 
 course is for it to be first read entirely through^ 
 by the clerk of the committee, if there is oue. 
 
160 PARLIAMENTARY PRACTICE. 
 
 Otherwise by the chairraan ; and then t be 
 read thi-ough again by paragraphs by the 
 chairman, pausing at the end of each paragraj)h, 
 and putting questions for amending, either by 
 striking out or inserting, if j)roposed. This is 
 the natural order of proceeding 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 com- 
 mittee. 
 
 280. If the })aper before a committee is 
 one Avhich lias originated with the committee, 
 questions are put on amendments 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 amend- 
 ed, or unamended. 
 
 281. 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 proposed, but no final question on the 
 whole ; because all the j)arts of the paper, hav- 
 ing been passed upon if not adopted by the 
 assembly as the basis of its action, stand, of 
 course, unless altered or struck out by a vote 
 
PROCEEDINGS OF COMMITTEES. 161 
 
 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 amendments, (specially stating their 
 objections, if they think proper,) and there 
 make their opposition as individual members.* 
 
 282. In the case of a paper originating 
 with a committee, they may erase or interline 
 it as much as they please ; though, when final- 
 ly agreed to, it ought to be reported in a clear 
 draft, fairly written, without erasure or inter- 
 lineation. 
 
 283. But, in the case of a paper referred to 
 a committee, they are not at liberty to erase, 
 interline, blot, disfigure, or 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. If the amendments agreed to are very 
 
 * This rule is not applicable, of course, to those cases in 
 which the subject, as well as the form or details of a 
 paper, is referred to the committee. 
 P. M. — 6 
 
162 PARLIAMENTARY PRACTICE. 
 
 numerous and minute, the committee may re- 
 port them altogether, in the form of a new and 
 amended draft. 
 
 285. When a committee has gone through 
 the paper, or agreed upon a report on the sub- 
 ject, which has been referred so them, it is 
 then moved by some member, and tliereupon 
 voted, that tlie committee rise, and that the 
 chairman, or some other member, make their 
 re])ort to the assembly. 
 
 Sect. IV Thkih Report. 
 
 286. When the report of a committee is to 
 be made, the chairman, or member appointed 
 to make the report, standing in his place, in- 
 forms the assembly, that the committee, to 
 whom was referred such a subject or )>flper, 
 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 amendments, or without amendment, 
 as the case may be, which he is ready to do, 
 when the assembly shall please ; and he or any 
 any other member may then move that the 
 report be now received. On this motion be- 
 ing made, the question is put whether the as- 
 
REPORT OF COMMITTEE. 163 
 
 sembly 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 
 reception. 
 
 287. 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, connect- 
 ed 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 conven- 
 ience of the assembly, to take it up for con- 
 sideration. 
 
 288. If the report of the committee is of a 
 paper with amendments, the chairman reads 
 the amendments with the coherence in the 
 paper, whatever it may be, and opens the al- 
 terations, and the reasons of the committee 
 for the amendments, until he has gone through 
 the whole ; and, when the report is read at 
 the clerk's table, the amendments only are 
 read Avithout the coherence. 
 
 289. In practice, however, the formality of 
 a motion and vote on the reception of a report 
 is usually dispensed with ; though, if any ob- 
 jection is made, or if the presiding officer sees 
 any informality in the report, he should decline 
 
164 PARLIAMENTARY PRACTICE. 
 
 receiving it without a motion and vote; and a 
 report, if of any considerable lengtli, 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 legislative assemblies, tlie 
 printing of reports generally renders the read- 
 inir of them unnecessarv. 
 
 290. The report of a committee being made 
 and received, the committ'^e is dissolved, and 
 can act no more without a new power ; but 
 their authority may be revived by a vote, an<l 
 the same ni.itter recommitted to them. If a 
 report, when olYered to the assembly, is not 
 received, the committee is not tliereby dis- 
 cliarged, but may be ordered to sit again, and 
 a time and place appointed accordingly. 
 
 291. Wiien a subject or paper has been 
 once committed, and a report made upon it, 
 it may be recommitted either to the same oi 
 a different committee ; and if a report is re. 
 committed, before it lias been agreed to b} 
 the assembly, what has heretofore passed iij 
 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. The report of a committee may be 
 made in three different forms, namely : first 
 
REPORT OF COMMITTEE. 165 
 
 it may contain merely a statement of facts, 
 reasoning, or opinion, in relation to the subject 
 of it, without any specific conclusion ; or, 
 second, a statement of facts, reasoning, or 
 opinion, concluding with a resolution, or series 
 of resolutions, or some other specific proposi- 
 tion; or, thirds it may consist merely of such 
 resolutions, or propositions, without any intro- 
 ductory part. 
 
 293. The first question, on a report, is, in 
 strictness, on receiving it; though in practice, 
 this question is seldom or never made; the 
 consent of the assembly, especially in respect 
 to the report of a committee of the whole, be- 
 ing generally presumed, unless objection is 
 made. When a report is received, whether 
 by general consent, or upon a question and 
 vote, the committee is discharged, and the re- 
 port becomes the basis of the future proceed- 
 ings of the assembly, on the subject to which 
 it relates. 
 
 294. At the time assigned for the considera- 
 tion of a report, it may be treated and disposed 
 of precisely like any other proposition (59 to 
 VV) ; and may be amended, in the same man- 
 ner (78 to 133), both in the preliminary state- 
 ment, reasoning, or opinion, if it contain any. 
 
160 PARLIAMENTARY PRACTICE. 
 
 and in the resolutions, or other propositions 
 with which it concludes; so if it consist merely 
 of a statement, etc., witliout resolutions, or of 
 resolutions, <fec., without any introductory 
 part. 
 
 295. The tinal question on a report, what- 
 ever form it mav have, is usually stated on its 
 acceptance; and, when accejded, the whole 
 ro})ort is ado2>ted l»y the assembly, and be- 
 comes the statement, reasoning, opinion, reso- 
 lution, or other act, as the case may be, of the 
 assembly ; the doings of a committee, when 
 agreed to, adojited, or acc'e])ted, becoming the 
 acts of the assembly, in the Bame manner as if 
 done oriij^inallv l)v the assembly itself, without 
 the interyention of a committee. 
 
 *296. It would be better, however, and in 
 stricter accordance with j>arliamentary rules, to 
 state the final question on a rej^ort, according 
 to the form of it. If the rej)ort contain merely 
 a statement of facts, reasoning, or opinion, the 
 question should be on acceptance ; if it also 
 conclude with resolutions, or other specific pro- 
 positions, of any kind, — the introductory part 
 being consequently merged in the conclusion, 
 — the question should be on agreeing to the 
 resolutions, or on adopting the order, or other 
 
COMMITTEE OF THE WHOLE. 167 
 
 pi-oposition, 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, 
 &C.J without any introductory part. 
 
 Sect. V. Committee of the Whole. 
 
 297. When a subject has been ordered to be 
 referred to a committee of the whole, the form 
 of going from the assembly into committee, 
 is, for the presiding officer, at the time ap. 
 pointed for the committee to sit, on motion 
 made and seconded for the purpose, 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 determined in the affirma- 
 tive, the result is declared by the presiding 
 officer, who, naming some member to act as 
 chairman of the committee, then leaves the 
 chair, and takes a seat elsewhere, like any other 
 member ; and the person appointed chairman 
 seats himself (not in the chair of the assembly 
 but) at the clerk's table. 
 
 [It is now generally otherwise. Jeffe^^son's 
 }fa7mal agrees with Mr. Cushing's, that the 
 Chairman should take his seat at the clerk's 
 
IGy PARLIAMENTARY PRACTICE. 
 
 table, but as a matter of fact, he usually takes 
 the seat of the presiding officer, and the latter 
 is permitted to take part in the proceedings 
 as though he were a private menaber. — Ed.] 
 
 298. The chairman named by the presiding 
 officer is generally acquiesced in by the com- 
 mittee; though, like all other committees, a 
 committee of the whole have a right to elect 
 a chairman for themselves, some member, by 
 general consent, putting the question. 
 
 299. The same number of members is nec- 
 essary to constitute a <juorum of a committee 
 of the whole, as of the assembly; and if the 
 members present fall below 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 chairman informs the assem- 
 bly (he can make no other report) of the cause 
 of the dissolution of the committee. 
 
 300. When the assembly is in committee 
 of the whole, it is the duty of the presiding of- 
 ficer to remain in the assembly-room, in order 
 to be at hand to resume the chair, in case the 
 committee should be broken up by some dis- 
 order, or for want of a quorum, or should rise, 
 either to report progress, or to make their 
 
COMMITTEE OF THE WHOLE. 169 
 
 final report upon the matter committed tc 
 them. 
 
 301. The clerk of the assembly does not 
 act as clerk of the committee (this is the duty 
 of the assistant clerk in legislative bodies), or 
 record in his journal any of the proceedings or 
 votes of the committee, but only their report 
 as made to the assembly. 
 
 .^02. 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 respects, the 
 principal of which are the following : — 
 
 303. First. The 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 com- 
 mittee, the assembly can discharge the com- 
 mittee, and proceed itself with the business, 
 keeping down any improper discussion by 
 means of the previous question.* 
 
 * If the object be to stop debate, that can only be ef 
 fected, in the same manner, unless there is a special rule, 
 as to the time of speaking, or to taking a subject ovAcf 
 committee. 
 
170 PARLIAMENTARY PRACTICE. 
 
 304. Second. A committee of the whole 
 cannot adjourn, like other committees, to 
 some other time or place, for the purpose of 
 going on with and completing the considera- 
 tion of the subject referred to them ; but if 
 their business is unfinished, at the usual time 
 for the assembly to adjourn, or, for any other 
 reason, they wish to j»roceed no further at a 
 particular time, the form of proceeding is, for 
 some member to move th.it The commitlee 
 rise, — report progress, — and ask leave to sit 
 again ; and, if this motion prevails, the chair- 
 man rises, — the presiding officer resumes the 
 chair of tlie assL'ml)]v, — and the chairman of 
 the committee informs him that the commit- 
 tee of the whole have, according to order, 
 had under 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 
 committee to sit again. The presiding officer 
 thereupon puts a question on giving the com- 
 mittee leave to sit again, and also on the time 
 when the assembly will again resolve itself 
 
 • If it is a second time, the expression is, "some further 
 progress," &c. 
 
COMMITTEE OF THE WHOLE. 171 
 
 into a committee. If leave to sit again is not 
 granted, the committee is of course dissolved. 
 
 305. 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 assembly itself, no member 
 can speak more than once. [See m)te^par^ 
 215.] 
 
 306. 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 bv means of sub-committees of their 
 own members. 
 
 307. Fifth. In a committee of the whole, 
 the presiding officer of the assembly has a 
 right to take a part in the debate and proceed- 
 ings, in the same manner as any other mem- 
 ber. 
 
 308. Sixth. A committee of 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 assembly, who may proceed to 
 punish the offender. Disorderly words must 
 be written down in committee, in the same 
 manner as in the assembly, and reported to 
 the assemblv for their animadversion. 
 
172 PARLIAMENTARY' TR ACTIO E. 
 
 309. The foregoing are tlie priiicii»al j>oint8 
 of (litleix'iice between proceedings in the as- 
 sembly ami in committees of the whole; in 
 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. Tiiere is no fountlation, 
 however, either in reason or parliamentary 
 usage, for this oj»inion. 
 
 310. When a committee of the whole have 
 gone through with the matter referred la 
 them, a member moves tliat the committee 
 rise, an»l that the chairman (or some other 
 member) report their j)roceedings to the as- 
 sembly ; which being resolved, llie chairman 
 rises and goes to liis jdace, — the presiding of- 
 ficer resumes the chair of ihe assembly, — and 
 llie cliairman informs him, that the committee 
 have iTone throu<'h with the business referred 
 to them, and that he is rea<ly to make their 
 report, when the assembly shall think proper 
 lo receive it. The time for receiving the 
 report is then agreed upon ; and, at the time 
 appointed, it is made and received in the same 
 manner as that of any other committee (2S*>.) 
 
 311. It sometimes happens, that the formal- 
 ity of a motion and (question as to the time of 
 
CONCLUDING REMARKS. 173 
 
 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. 
 
 [The report is merely tentative and advis- 
 ory; amendments maybe amended or rejected, 
 and matters stricken out by the committee of 
 the whole or any other committee, may be re- 
 stored by the assembly. — Ed.] 
 
 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 
 personSj who may be called upon to act as 
 presiding officers, for the first time. 
 
 313. One of the most essential parts of the 
 duty of a presiding officer is, to give the 
 
174 PARLIAMENTARY TRACTICE. 
 
 closest attention to the proceedings of the 
 assembly, and, especially, to what is said by 
 every member wlio speaks. Without the 
 first, confusion will be almost certain to occur ; 
 wasting the time, perliaps disturbing the har- 
 mony, of the assembly. Tlie latter is not 
 merely a decent manifestation of resj)ect for 
 those who have elevated him to an honorable 
 station ; but it tends greatly to encourage timid 
 or diffident members, and to secure them a 
 patient and attentive hearing ; and it often 
 enables tlie presiding officer, by a timely 
 interference, to check offensive language, in 
 Reason, to prevent scenes of tumult and dis- 
 order, such as have sometimes disgraced our 
 legislative halls. 
 
 314. It should be constantly kept in mind 
 by a })residing officer, that, in a deliberative 
 assembly, there can regularly be but one 
 ehin<j: done or doinij, at the same time, "^riiis 
 caution he will find particularly useful to him, 
 whenever 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 proceed- 
 ing shall be strictly pursued ; and wuU take 
 caj*e to restrain members from interferiup' in 
 
CONCLUDING REMARKS 175 
 
 any other manner. In general, the solemnity 
 and deliberation, with which this mode is 
 attended, will do much to allay heat and 
 excitement, and to restore harmony and order ■ 
 to the assembly. 
 
 315. A presiding officer will often find him- 
 self embarrassed, by the difficulty, as well 
 as the delicacy, of deciding points of order, 
 or orivinor directions as to the manner of 
 proceeding. In such cases, it will be useful 
 for him to recollect, that — 
 
 The great purpose of all rules and 
 forms, is to subserve the will of the 
 assembly rather thxvn to restrain it ; 
 to facilitate, and not to obstruct, the 
 ■expression of their deliberate sense. 
 
 Secret .Sessions. 
 
 [316. It is the custom of th,e Senate of the 
 United States, though it has no special rule 
 4*equiring it,^' to hold secret sessions, especially 
 in its discussions, confirmations and rejections 
 
 * There ought to be no secrets whatever iu this Govern- 
 tnentof oui-s, a iiovernment of xhe peopje. r,:ere is no 
 iaw, or provision or rule, or regulation, wnich provides for 
 keeping secrets. — Speech of Senator Sherman, of Ohio, 
 iu the Senate, Jan. 1886. 
 
176 PAKLIAMENTAIIY rRACXICE. 
 
 of executive aj^pointments. Both houses of 
 Congress, under the constitution, while re- 
 quired to keep and to publish, a journal of 
 their proceedings, can withhold from publica- 
 tion, **such parts as may in their judgment 
 require secrecy." It is likewise the })r.ictlce, 
 and it is competent for nearly all deliberative 
 bodies, to sit with " closed doors,'* an«l to 
 keep secret such portion of their j)roceeding8 
 as they may deem it inexpedient, — perhaps 
 hurtful to jiublic or private interests, — to 
 divulge ; but considerations of conscience and 
 of }>ublic policy demand that this und(nibted 
 right, and sometimes duty, should be exercisec' 
 with discretion. In a country where the 
 people are, at least, nominally, sovereign, and 
 ultimately control, shape or reverse the acts 
 of public as well as of private deliberative as- 
 semblies, every act, speech and vote of their 
 representatives should be exposed, at once, 
 to the strong light of popular intelligence, for 
 censure or approval; and practically, this is 
 the final result, however much concealment ' 
 may be attempted, or impunity from the con- 
 sequences of questionable or guilty proceed- 
 ings sought in secret deliberations and votes 
 by the members of any representative body. 
 
CONCLUDING REMARKS. 17T 
 
 Though many other deliberative assemblies, 
 besides the Senate of the United States, on 
 certain critical or delicate occasions, sit with 
 closed doors, and keep their proceedings 
 secret, yet for a great political body to shroud 
 its acts in secrecy on questions of public in- 
 terest, generally gives rise to partisan clamor 
 and to allegations of guilt or corruption ; 
 therefore its doors should be kept open when 
 publicity, as is generally the case, is unobjec- 
 tionable, and the national well-being is n©t 
 imperilled by making the people partakers in 
 the deliberations of their representative*. — - 
 Ed.] 
 
INDEX. 
 
 Thfji^m refer t» (he numbtn o/ the />ara^r,tfihf, 
 
 AccEPTAN'CK bv the maker of a motion, of an amend- 
 ment !»2. 1)3. 
 
 ADDITION' of propositions, how effected, 88. 
 
 Adjoiiin.mknt. without day, equivalent to a dissola 
 tion, 13H. 
 effect of. on business imder con«!i(|«'ratif)n, 14(). 
 motion for, takes precedence of all other mo- 
 tions, 1:17. 
 
 when it may be amended, 137. 
 form of, 138, 2(X>. 
 
 A>fEN'DME\T. purposes of motions for, 00, 78. 
 
 order of proceeding: in, 5>5, ISU. 
 
 acceptance nf hy mover of proposition, {>2, 03, 
 
 of amendments by striking out and. inserting, 
 107, 1<>S. 
 
 of amendment, to be put before the original 
 amendment, 110. 
 
 of an amendment to an amendment, not al- 
 lowed, t»C. 
 
 object of such motion, how attained, 
 06, 07. 
 
 cannot be made to what has been a^rreed to on 
 a question, y<, in», 100, 101. 
 
INDEX. 179 
 
 Amendment, 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. 
 Dy addition, 88. 
 by separation, 89. 
 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, 103, 104, 
 111, 122. 
 
 may be divided, 122. 
 
 may be amended, 126. 
 
 manner of stating question on, 112, 121 
 
 127. 
 precedence of question on 123. 
 vo strike out, decided in tlie negative, equivalent 
 to the affirmative 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 with the provious ques- 
 tion, and indefinite postponement, 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 the original motion, 110, 120. 
 
 &.POLOGY, 42. 
 
 Assembly, Deijberative, purposes of, how ef« 
 fected, 1. 
 how organized, 2, 3. 
 judgment of, how expressed, IC 
 
 Assembling, time of, to be fixed beforehand, 23* 
 place of, in possession of assembly, 9. 
 
180 
 
 INDEX. 
 
 AiTiiEXTiCATiON of acts, itc, of ft deliberative a»i 
 sembly, 27, 32. 
 
 Blanks, filling of, 84. 
 
 with times or numbers, rule for, 8o, 
 86,87. 
 See Precedence. 
 
 Chaikman, preliminary election of, 3, 
 See Preaidinij Officer. 
 
 Clekk, 5. 
 
 See liecording Officer. 
 
 CoMMiTTKES, ol)jects and iuU aiitages of, 2.">8, 260, 2G1. 
 
 \\ho to couipose, L'.*>s, l>7u. 
 
 usually those favorable to the proposed meas- 
 ure, 271. 
 
 mode of ai)pointm»Mit of, 26.'5, 207, 268, 260. 
 
 when by the presiding ollicor, under a standing 
 rule, 2«)(]. 
 
 how notified of their appointment, 32. 272, 
 
 when and wher*' t(j sit, l'T4, :i7">, 277. 
 
 selecty 2.50. 
 
 how appointed, 264 to 260. 
 
 standing, 2')0. 
 
 what to be referred to, 74. 
 
 instructions to, 75, 76, 77, 262. 
 
 list of, A'c, given by the clerk to the member first 
 appointed, 272. 
 
 I>erson first appointed on, acts as chairman by 
 courtesy, 273. 
 
 proceed like other assemblies, 276, 270. 
 
 may proceed by sub-committees, 3(K). 
 
 mode of proceeding on a paper which has been 
 referred to them, 270, 281, 28.3. 
 
 mode of i)roceeding on a paper originating in thr 
 committee, 270, 28f), 282. 
 
 manner of closing session of, 28.5. 
 
 report of, how 2iade, 282, 283, 284, 286, 287. 202. 
 
INDEX. 181 
 
 Committees, form of report of, 286, 292. 
 
 mode of proceeding on report of, 292, 293, 294, 
 
 295, 296. 
 acceptance of report of, 295. 
 form of stating questions on report of, 295, 296. 
 See Report. 
 
 Committee of the Whole, of whom 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. 
 
 mode of proceeding if one session does not com- 
 plete the business, 304. 
 
 who may speak in, and how often, 305. 
 
 cannot refer any matter to another committee, 306. 
 
 Committee of the Whole, cannot punish foi 
 breaches of order, 308. 
 disorderly words in, how noticed, 308. 
 differences between and other committees, 802 to 
 
 308. 
 presiding officer of assembly to remain in the 
 room, during the session of, 300. 
 See Reports, Disorderly Words. 
 
 Commitment, definition and purposes of, 73. 
 when a proper course, 60. 
 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 f(X 
 the previous question and postponement, 
 182. 
 See Committees. 
 
 Commuxicatioxs to the assembly, how made, 44, 46, 
 
 48, 49. 
 
182 INDEX. 
 
 Consent of the assembly, in what oases, aiul how far, to 
 be presumed by the presiding otticer, '.i.'), 2;{7, 
 
 Contested Elections, 7. 
 JSee lietunn*. 
 
 Credentials of members, 7. 
 
 Debate, iiropcr clmracttT of. 201. 
 
 shoiiKl be contincd to the qm-stion, 209. 
 usual mode of putting an end to, 220, 221. 
 shortening, 222. 
 See Spciikiiiij. 
 
 Decorim, Breaches of, 37, :18, 39, 40, 41, 220, 224. 
 how to be noticed, 40. 
 remedy for. 224, 22."). 22»U 
 
 liow a menilM'r is to pn»ceed to exculpate himself 
 from a charge of. 40. 
 See Disordniij WnnU, Onhr. 
 
 Disorderly Words, course of procee<ling, when 
 spok«'n, 227 to 2;{1. 
 to b« written down by the clerk, as spoken, 288, 229. 
 
 Disorderly Words, members not to l)e censured for, 
 imless complain»*d of at the time. 2;J2. 
 spoken in a committiM' during its session. 278. 
 in connnitt<^e of the whole to be written down, 
 and reported to the assembly, 308. 
 
 Disorderly Conduct, 9, 37 to 4(), 313. 
 
 Division of a question, 79 to 8:3, 122, 123^ 
 effect of, so. 
 
 motion for, how made, 80. 
 right to dt'inaud. 81. 82. 
 when it may take place, 8^3. 
 See Question. 
 
INDEX. 1>*B 
 
 Elections and Returns, 6, 7, 8. 
 
 Expulsion, 42. 
 
 Floor, how to obtain, 46. 
 
 who has a right to, 47, 203, 504, 205. 
 
 member in possession of, to be interrupted o> y 
 
 by a call to order, 200, 
 when usually allowed to the mover of a moti t, 
 
 204. 
 when one relinquishes, for one piu-pose, he d « 
 
 so for all purposes, 205, 219. 
 
 Forms of proceeding, 10, 59, 315. 
 See Order, Bules. 
 
 INCIDENTAL Questions, 150 to 165. 
 questions of order, 151 to 154. 
 feading papers, 155 to 160. 
 withdrawal of a motion, 161, I6?-, 
 suspension of a rule, 163, 164. 
 amendment of amendments, 165. 
 See Question. 
 
 Introduction of business, how accomplished, 43. 
 See Rules. ■ 
 
 Journal of a delibei-ative assembly, what and b iff 
 kept, 32, 33. 
 
 Judgment of an aggregate body, how^ evidenced, .'4, 
 
 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 subsidiarj 
 motions, 171. 
 
 List of members, 6. 
 
184 INDEX. 
 
 Main Question-, 63, 64, 135, 213. 
 
 .Majority, decision by, on questions and electloui, Mb 
 
 Memijeks, riglits and duties of, 36. 
 l»unisluuents of, 42. 
 not to ho jiresent at (iebates on matters concern* 
 
 ing tluMuselves. 41, l'l'.'j, L';)0. 
 proceetiiuijs on quarrels between, caution relating 
 
 to, 314. 
 
 Memhekship, rigbts of, bow decided, 8. 
 ' Modification A a motion by tbe mover, 92- 
 
 MoTioN, definition of. 4'), 50, 233. 
 
 to be in writing. 54. 
 
 to be secondfld. 5;i to 55 
 
 bow seconibil, 55. * 
 
 wben in order, 247. 
 
 subsidiary, need not be In writing, 54. 
 but nuist be seconded, 55. 
 
 to supjtn'ss ;i projxtsition, (\2. 
 
 to be stated or rrad for tlie information of any 
 member, 57. 
 
 can be witlulrawn only by leave, 56, 02, notf. 
 
 wben before tbe assend)ly, none otlier can be re- 
 ceived, except privileged motions, 5.'5. 
 
 Is not before tbe assembly, until stated by its 
 presiding otticer, 108. 
 
 not in order unless tbe maker be called to by tbe 
 presiding otticer, 200. 
 
 by one seated, or not addressing tlie cliair, not to 
 be received, 200. 
 
 principal and subsidiary, cannot be made to- 
 getber, IIK). 
 
 Naming a member, what, 40, 225. 
 
 .*UMBKR9 prefixed to paragraphs of a proposition, not 
 a part of it, Ul. 
 
INDEX. 185 
 
 Officers of an assembly, titles of, 5. 
 who are, usually, 26. 
 how appointed, and removable, 26. 
 a majority, necessary to elect, 26. 
 when not members of the assembly, 5. 
 pro tempore, when to be chosen, 29. 
 
 See Presiding Officer, Becording Officer, 
 
 Order of a deliberative assembly, waat, 13. 
 
 of business, 188 to 200 . . 
 
 how established, 190. 
 questions of, what, 152. 
 
 how decided, 154, 248. 
 form of, on appeal, 154. 
 no debate upon, allowed during div/sioa, 
 248. 
 rules of, to be enforced without delay, 15." 
 r^ll to, effect of, 214. 
 
 who may make, 151. 
 interrupts the business under considera* 
 tion 153. 
 Aoe 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 business 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 custodVj 33^ 
 
 ■Parliamentary Law common, whai-, 6. 10» 
 See Rules, 
 
186 INDEX. 
 
 pAHLiAMEyTAfjY III r,Ks, wlionco (loriveil, IL 
 in ejich ,stat«' liow formed, 11. 
 See Rules. 
 
 Petitions, ro(iui.sites to, 40, 
 
 to W otTert'd by iiuMiihers, 49, 50. 
 mode of oflferiiii;, '>1. 
 to ]>«' read l»y the el^rk. if received. .12. 
 H'giilar jiiid usual aelioii on pres»'nliiiL;. ')l, ."2- 
 contents of. to be known by niemlM»r present ing,5u 
 • to l>e in resiR'ctfnl language, .50. 
 
 PosTPDXKMKNT, effect of vote on motion for, 180. 
 motion for, may l>e amended, ]7*5. 
 liow amendrd. 177, 17S. 
 sui>«'r.s«Mlt'.s a motion to amend, 18-'). 
 is not supersetied by a motion to commit 
 
 or to annMid, 170. 
 is of tbe sam«' degree with a motion for 
 tlie previous question, 170. 
 indejinitf, ]»urpose of motion for, <>(), (57. 
 effeet of vote on motion for, (57. 
 to a dm/ cfrUilu, purpose of motion for, 08, CO. 
 an improper use {»f, 70. 
 debate on it not allowed in Congress, 72. 
 
 Power of assembly to eject strangers, 0. 
 
 pRKAMBi.E, or title, usually considered after the papei 
 is gone through with, 102. 
 
 Precedence o/j»o^'o«.s, 171, 174, 179, 182, 180, 197» 
 22U. 
 of queMions, 123, 1:34, 1.3.5, 153. 
 
 as to reference to a committee, 74. 
 on motions to fill blanks, 8."), 8»i, w7. 
 questions of privilege take precedence of all u«4> 
 tions but for adjournment, 141. 
 
 President, 5. 
 
 See Prtsidbvj Officer. 
 
INDEX. 187 
 
 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 vote, 5, 243. 
 effect of not giving casting vote, 243. 
 may not interrupt one speaking, but to call to 
 
 order, 207. 
 may not decide upon inconsistency 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 be amended, 170. 
 effect of vote on, 64, 65, 175. 
 effect of negative decision of, 65. 
 cannot be made in committee of the whole, 303. 
 stands in same degree with other subsidiary mo- 
 tions, except to lie on the table, 174. 
 
 Privileged Questions, 186 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- 
 
 ments, 141. 
 when settled, business thereby interrupted to be 
 
 resumed, 141. 
 
 Proceedings, 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 Disorderlu Words 
 
15^8 INDEX, 
 
 Question-, dofinition of. 233 
 forms of. in us«'. ir>, iW), Til. 
 when to U' put, L'.'>.">. 
 mode of piittinj;. li.'W. 
 
 on a sfiU's (tf ]>roiK)sitions. 10.1. 
 
 on anuMitliaent'* r«'iM»rt«M| bv a conunlttee, IM. 
 ino<l«' of takini:, 'S.'^s. l.'i<>. jn. 242. 24.'. 
 when anfl how decision of inav be questlonod, 2^^ 
 
 2;;*.». 
 
 uli IIm' nienihers in the room wli^n a question i<» 
 
 put are bound to vote uiH)n it, 244. 
 tnenilxTs not in the room, cannot vote on, 
 
 244. 
 wht'U taken by yea.s and nays, 24.'). 
 mixle of takini;, in Massachusetts, 240. 
 when and l»n\v to Ik- dividetl, 7'.'. 
 how taken when divi<h'd. s<». 
 motion lO divitle, may bo amenih^l, SO. 
 what may Ih> dividj^l. s.'{. 
 who may divid«', SI, 122. 
 
 usually repnlati'd hy nde, 82. 
 Incidental. detine<l and enumenit«'<l, l.'iO to in.'». 
 subsidiary. f)rse<'ondary, defined and eiunn»raK?d, 
 
 l«Ut to ITo. 
 privileged, detinol and enumerate*!, l.'ir.. 
 iSi.'i' Inciihntnl (^m .stlon.s, Pririlcjed (^uestionAf 
 
 i;ubifidi(irt/ i^m stlnns. 
 
 QioniM. necessity for. IT. 19. 
 what constitutes. IS. 
 
 »»ffect of want of. on pendinfi question, 240. 
 necessary on a division of the assembly, 249. 
 want of how asct>rtaino<l, V,K 
 coustHjueuces of want of, 10, 240. 
 
 Rkadino ok PArKHs by the clerk, l.V). 
 
 by meml)ers not allowed, w ithout leave obtained 
 
 by motion and vote, I.*)?, ir»8. 
 when to Im» omitted 159. 
 when necessary. If called for. 1").'). 
 question on, to Ik* first decided, U*A 
 
imijex. J8d 
 
 Reception, question of, on petition, 51. 
 
 on report, 286, 233. 
 
 Recommitment, what, 73, 290, 291. 
 
 Reconsideration, general principle relating to, 250 
 to 253. 
 motion for, allowed in this countiy, 2-54, 255. 
 effect of, 256. 
 
 usually regulated by rule, 257. 
 made by the friends of the proposition not by the 
 minority, note 254, 271. 
 
 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. 
 
 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 a member to order, 200, 214. 
 
 Reports of Committees how made and received, 
 286 to 289. 
 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. 
 when to be received, 311% 
 
 Reprimand, 42. 
 
 See Punishment. 
 
190 INDKX. 
 
 KtsoLrrio.v, what, 13, 233, 149. 
 
 tiino for liivostlq^dng, 7. 
 
 nio<l«» of investitjatini;, 7. 
 
 wlio to he on th<; investiijafinc: conimlttoe, ft. 
 
 \N ho to be heard on a question on, 8. 
 
 Roll, .filing of, 32, :l'), 245. 
 
 RCLK< of (l(»hatp and proceeding, subjoct of, 14, US. 
 giMicral puri»o«io of, .']!.'). 
 
 wliat are necessarily adoptod by an assembly, 10, 20 
 thf san»e In this couuiry and in Knu'iand, 11. 
 usage does not give Ihmi ilie character of general 
 
 laws, 12. 
 to b<^ enforced without delay or debate, 22, lOl, 
 
 wlio may notice an infring^nont of, 22. 
 Bpccialj each a=isembly may adopt, 10, 20. 
 
 supersede ordinary parUamentarj' ndes, 
 I'i. 
 
 nsiially provide for their own amend- 
 ment, 21. 
 
 may be Mispended on motion, 21, 103, 
 1(U. 
 
 motion to suspend, supercedes the original 
 question. 1 «'►;{. 
 
 susjxMidtMl only bv general consent, 21, 
 
 nw. 
 
 usually provide for their own suspen- 
 sion, KU. 
 
 may determine the ntHnl>er necessary to 
 express the will of the assembly, 2.>. 
 See Heading o/pajyers, JSjieakituj, 
 
 Secondary Qiestioxs, l(\Ct. 
 
 See Subsidiary Questions, 
 
 Seconding of motions, 55, 30fll 
 
INDEX. 193 
 
 Secret AKY, 5. 
 
 See Becordwj Officer, 
 
 Secret Session, sometimes necessary, but to be 
 avoided if possible, 316. 
 
 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. 
 lot to reflect on the assembly, or on its 
 
 prior determinations, 210. 
 », >nfined to the subject, 200, 213. 
 aot to be interrupted, 2? S>^ 
 .0 speak but once on the ?^\(^ ou^sstioi^ 
 
 215, 216, except by louv^ 2? 7. 
 or to explain himself in a int* vav o»''tJ«t 
 
 218. 
 5see Debate^ Presiding Officer, 
 
 Speech, reading of, by member, 157. 
 
 Sitbsidiary Questions, 166 to 187. 
 nature and effect of, 166. 
 enumeration of, 167. 
 cannot be applied to one another, 168. 
 exceptions to this rule, 169. 
 ie on the table, 171, 172, 17:3, 
 Amendment, 184 to 187. 
 previous question, 174, 175, 
 postponement, 176, to 180. 
 commitment, 181, 182, 183. 
 
 Suspension of a rule 21, 163, 164. 
 See Rules, 
 
10*2 /M.KX 
 
 Ti:AN<rn'.iTir>N of propositions, how eflfecteJ, 9u 
 
 VlCK-ritKMliKN r. (lutlos of, 5, 2& 
 l>ee OJlcerg, 
 
 Vt)TK, what, 13, 2ax 
 
 VoTiso, rieht and duty of, 41, 244. 
 prohibition from, 42. 
 
 Will of an a»souibly, majority nwcssary to exprp»» 
 
 wp<'clal nilo may dct^'nnlnc what proi>or 
 lion uiiiy I'Xpn'Hs. I'o. 
 
 WlTiiDKATVAL of a motlon. ran bo only by Ir^avc. R'l . 
 effect of vote ui>on motion for leave for, ItJi 
 
 Tkah and Xays, how takon, .'K, 24.'i. 
 ill MavyichuHvttB. *J4*1. 
 ^^hat numl>or of nn-mlH^rs may require, 2\ 
 form of nuttiuK question. 24."^. 
 rule of lijo senate of tlie Unite<i StatM, nH|ulrinf 
 each n^emlM-r to vote without debate; enforc*' 
 nient of this rule to becure a quonaa 
 note Jx 
 
CONSTITUTION OF THE UNITED STATES. 
 
 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 
 welfare, and secure the blessings of liberty 
 to ourselves and our posterity, do ordain 
 and establish this Constitution for the United 
 States of America. 
 
 ARTICLE L 
 
 THE LEGISLATIVE DEPARTMENT. 
 
 Section L — All legislative powers herein 
 granted shall be vested in a Congress of the 
 United States, which shall consist of a Senate 
 and House of Representatives. 
 
 Section IL — i. The House of Represent- 
 atives shall be composed of members chosen 
 every second year by the people of the several 
 States ; and thd electors in each State shall 
 
 193 
 
194 CONSTITUTION OF THK UNITED STATES. 
 
 nave the qualifications rcijuisite for electors 
 of the most nu^^eroiis branch of the State 
 legislature. 
 
 2. Xo persoii snail be a rcpresentatixe who 
 shall not have attained to the age of twenty- 
 five years, and been seven years a citizen of 
 the United States, and who shall nt)t. when 
 elected, be an inhabitant of that State in 
 which he shall be chosen. 
 
 3. Representatives and direct laxes shall 
 be apportioned among the several States 
 which may be included within this Union, 
 according to their res]>cctive numbers, which 
 shall be determined by adding to the whole 
 number of free persons, including those 
 bound to service for a term of vears, and 
 excluding Indians not taxed, three fifths of 
 all other persons. 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 represent- 
 atives shall not exceed one for every thirty 
 thousand, but each State shall have at least 
 one representative ; and until such enumer- 
 ation shall be made, the State of New Hamp- 
 shire shall be entitled to choose three : Mas- 
 sachusetts, eight : Rhode Island and Prov- 
 idence Plantations, one : Connecticut, five ; 
 New York, six ; New Jersey, four : Pennsyl- 
 vania, eight : Delaware, one ; Maryland, 
 
CONSTITUTION OF THE UNITED STATES. '95 
 
 six ; Virginia, ten ; North Carolina, five • 
 South Carolina, five ; and Georgia, three. 
 
 4. When vacancies happen in the represent* 
 ation from any State, the executive authority 
 thereof shall issue writs of election to fill such 
 vacancies. 
 
 5. The House of Representatives shall 
 choose their Speaker and other ofificers, and 
 shall have the sole power of impeachment 
 
 Section III. — i. 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. 
 
 2. Immediately after they shall be assem- 
 bled in consequence of the first election, they 
 shall be diAided as equally as may be into 
 three classes. The seats of the Senators of 
 the first class shall be vacated at the expira- 
 tion of the second year, of the second class 
 at the expiration of the fourth year, and of 
 tne third class at the expiration of the sixth 
 year, so that one third may be chosen every 
 second year; and if vacancies happen, by 
 resignation or otherwise, during the recess of 
 the legislature of any State, the executive 
 thereof may make temporary appointments 
 until the next meeting of the legislature, 
 which shall then fill such vacancies. 
 
 3. No person shall be a Senator who shall 
 not have attained to the age of thirty years, 
 and been nine vears a citizen of the United 
 
196 CONSTITUTION OF THE UNITED STATES. 
 
 States, and who shall not, when elected, be 
 an inhabitant of that State for which he shall 
 be chosen. 
 
 4. The Vice-President of the United States 
 shall be President of the Senate, but shall 
 have no vote unless they be equally divided. 
 
 5. The Senate shall choose their other offi- 
 cers, and also a President pro tempore in 
 the absence of the Vice-President, or when 
 he shall exercise the office of President of the 
 United States. 
 
 6. 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 Justice shall preside : and no 
 person shall be convicted without the con- 
 currence of two thirds of the members present. 
 
 7. Judgment in cases of impeachment shall 
 not extend further than to removal from of- 
 tice, anddisqualitication to hold andenjoy any 
 office of honor, trust, or profit under the 
 United States ; but the party convicted shall 
 nevertheless be liable and subject to indict- 
 ment, trial, judgment, and punishment, ac- 
 cording to law. 
 
 Sfxtion' IV. — I. The times, places, and 
 manner of holding elections for Senators and 
 Representatives shall be prescribed in each 
 State by the legislature thereof ; but the Con- 
 gress may at any time, by law, make or 
 alter such regulations, except as to the places 
 of choosing Senators. 
 
CONSTITUTION OF THE UNITED STATES. 197 
 
 2. The Congress shall assemble at least 
 once in every year ; and such meeting shall 
 be on the first IMonday in December, unless 
 they shall by law appoint a different day. 
 
 Section V. — i. Each house shall be the 
 judge of the elections, returns, and qualifica- 
 tions of its own members, and a majority of 
 each shall constitute a quorum to do busi- 
 ness ; but a smaller number may adjourn 
 from day to day, and may be authorized to 
 compel the attendanceof absent members, in 
 such manner and under such penalties as 
 each house may provide. 
 
 2. Each house may determine the rules of 
 its proceedings, punish its members for dis- 
 orderly behavior, and with the concurrence 
 of two thirds, expel a member. 
 
 3. 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. 
 
 4. Neither house, during the session of 
 Congress, shall, without the consent of the 
 other, adjourn for more than three days, nor 
 to any other place than that in which the 
 two houses shall be sitting. 
 
 Section VI. — i. The Senators and Repre- 
 sentatives shall receive a compensation foi 
 their services, to be ascertained by law, and 
 
198 CONSTITL TION OF THE UNITED STATES. 
 
 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 attendance at the session 
 of their respective houses, and in going to 
 and returning from the same , and for any 
 si)ccch or debate in either house they shad 
 (not be questioned in any other place. 
 
 2. No Senator or Representative shall, 
 during the lime for which he was elected, 
 be appointed to any civil oflice under the 
 authority of the I'nited States, which shall 
 have been created, ortheemoluments where- 
 of shall have been increased 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 \'II. — i. All bills forraising rev- 
 enue shall originate in the House of Rep- 
 resentatives ; but the Senate may propose 
 or concur with amendments, as on other 
 bills. 
 
 2. Every bill which shall have passed the 
 House of Representatives and the Senate, 
 shall, before it become a law, be presented 
 to the President of the United States ; if he 
 approve, 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 the objections at large on their journal, 
 and proceed to reconsider it If after sucb 
 
CONSTITUTION OF THE UNITED STATES. 190 
 
 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 house 
 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 man- 
 ner as if he had signed it, unless the Con- 
 gress by their adjournment prevent its re- 
 turn, in which case it shall not be a law. 
 
 3. Every order, resolution, or vote, to 
 which the concurrence of the Senate and 
 House of Representatives may be necessary 
 (except on a question of adjournment), shall 
 be presented to the President of the United 
 States; and before the same shall take effect, 
 shall be approved by him ; or being disap- 
 proved by him, shall be re-passed by two- 
 thirds of the Senate and House of Represent- 
 atives, according to the rules and limitations 
 prescribed in the case of a bill. 
 
 Section VHI. — The Congress shall have 
 power — 
 
 I. To lay and collect taxes, duties, im- 
 posts, and excises; to pay the debts and pro- 
 
200 CONSTITUTION OP THE UNITED STATES. 
 
 vide for the common defense and c^eneral 
 welfare of the United States; but ail duties, 
 imposts, and excises shall be uniform 
 throughout the United States: 
 
 2. To borrow money on the credit of the 
 United States: 
 
 3. To regulate commerce with foreip^n na- 
 tions, and among the several States, and with 
 the Indian tribes: 
 
 4. To establish a uniform rule of natural- 
 ization, and uniform laws on the subject of 
 bankruptcies throughout the United States: 
 
 5. To coin money, regulate the value there- 
 of and of foreign coin, and to fix the standard 
 of weights and measures: 
 
 6. To provide for the punishment of coun- 
 terfeiting the securities and current coin of 
 the United States: 
 
 7. Toestablish post-offices and post-roads: 
 
 8. 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: 
 
 9. To constitute tribunals inferior to the 
 Supreme Court : 
 
 10. To define and punish piracies and 
 felonies committed on the high seas, and 
 offences against the law of nations: 
 
 1 1 . To declare war. grant letters of marque 
 and reprisal, and make rules concerning 
 captures on land and water: 
 
 12. To raise and support armies; but no 
 
CONSTITUTION OF THE UNITED STATES. 201 
 
 appropriation of money to that use shall be 
 for a longer term than two years : 
 
 13. To provide and maintain a navy : 
 
 14. To make rules for the government and 
 regulation of the land and naval forces : 
 
 15. To provide for calling forth the militia 
 to execute the laws of the Union, suppress 
 insurrections, and repel invasions : ^ 
 
 16. To provide for organizing, arming, 
 and disciplining the militia, and for govern- 
 ing such parts 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 according to the discipline prescribed 
 by Congress. 
 
 17. To exercise exclusive legislation in all 
 cases whatsoever, over such district (not ex- 
 ceeding ten miles square) as may, by ces- 
 sion of particular States, and the acceptance 
 of Congress, become the seat of government 
 of the United States : and to exercise like 
 authority over all places purchased by the 
 consent of the legislature of the State in 
 which the same shall be, for the erection of 
 forts, magazines, arsenals, dockyards, and 
 other needful buildings : — and 
 
 18. To make all laws which shall be nec- 
 essary and proper for carrying into execu- 
 tion the foregoing powers, and all other pow- 
 ers vested by this Constitution in the govern- 
 ment of the United States, or in any depart- 
 ment or officer thereof. 
 
202 CONSTITUTION' OF THE T'NITED STATES. 
 
 Section- IX. — i. The immis^ration or im- 
 portation of such persons ns any of the States 
 now existing shall think pr()|HT to achnit. 
 shall not be prohibited by the L'oni^ress prior 
 to the year one thousantl eii^ht hmulred an<l 
 ei^ht : but a tax or duty may be imposed i)n 
 such importation not exceeding ten d«»llars 
 for each person. 
 
 2. The privilege of the writ of habeas cor- 
 pus shall not be suspended, unless when, in 
 cases of rebellion or invasion, the public 
 safety may require it. 
 
 3. No bill of attaindc or rx post /ado law 
 shall l)e passetl. 
 
 4. No capitation yn other direct tax shall be 
 laid, unless in pro|)ortion to the census or 
 enumerati«>n lifreinbcffirf dirrctf<l to be 
 taken. 
 
 5. No tax or duty .shall be laid on articles 
 exported from an.y State. No preference 
 shall be given by any regulation of com- 
 merce or revenue to the ports of one State 
 over those of another : nor shall vessels 
 ]»ound to or from one State be obliged to 
 enter, clear, or pay duties in another. 
 
 6. No money shall be drawn from the 
 treasury, but in consecjuence of appropria- 
 tions made by law ; and a regular statement 
 and account of the receipts and expenditures 
 of all public money shall be ])ublished from 
 time to time. 
 
 7. No title of nobility shall be granted by 
 the United States : antl no person holding" 
 
CONSTITUTION OF THE UNITED STATES. 203 
 
 any office of profit or trust under them, shall, 
 without the consent of Congress, accept of 
 any present, emolument, office, or title, of 
 any kind whatever, from any king, prince, 
 or foreign State. 
 
 Section X, — i. No State shall enter into 
 any treaty, alliance, or confederation ; grant 
 letters of marque and 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, ex post /ado law, 
 or law impairing the obligation of contracts ; 
 or grant any title of nobility. 
 
 2. No State shall, without the consent of 
 Congress, lay any imposts or duties on im- 
 ports or exports, except what may be abso- 
 lutely necessary for executing its inspection 
 laws ; and the net produce of all duties and 
 imposts laid by any State on imports or ex- 
 ports, 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 Congress. 
 
 3. No State shall, without the consent of 
 Congress, lay any duty on 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 im- 
 minent danger as will not admit of delay. 
 
 ARTICLE II. 
 
 THE EXECUTIVE DEPARTMENT. 
 
 Section I. — i. The executive power shall 
 
204 CONSTITUTION <"'F THK UNITED STATES. 
 
 be vested in a President of the United States 
 of America, lie shall hold his oftice during 
 the term of four years ; and, together with 
 the Vice-President, chosen for the same term, 
 be elected as follows : 
 
 2. Kach State shall appoint, in such man- 
 ner as the lci:;^islature thereof may direct, a 
 number of electors e(]ual to the whole number 
 of Senators and Representatives to which the 
 State may l>c entitled in C'onj^ress : but no 
 Senator or Representative, or person holding 
 an office of trust or profit under the United 
 States shall be appointed an elector. 
 
 3. The electors shall meet in their respec- 
 tive States, and vote by ballot for two per- 
 sons, of whom one at least shall not be an 
 inhabitant 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 the seat of the govern- 
 ment of the United States, directed to the 
 President of the Senate. The President of 
 tlie Senate shall, in the presence of the Senate 
 and House of Representatives, open all the 
 certiticates, and the votes shall then be 
 counted. The person having the greatest 
 number of votes shall be President, if such 
 number be a majority of the whole number 
 v-)f electors appointed ; and if there be more 
 than one who have such a majority, and 
 have an equal number of votes, then the 
 House of Representatives shall immediately 
 
CONSTITUTION OF THE UNITED STATES. 205 
 
 choose, by ballot, one of them for President; 
 and if no person have a majority, then, from 
 the five highest m the list, the said House 
 shall, in like manner, choose a 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. In every case after the choice 
 of the President, the person having the great- 
 est number of votes of the electors shall be 
 Vice-President. But if there should remain 
 two or more who have equal votes, the Sen- 
 ate shall choose from them, by ballot, the 
 Vice-President. 
 
 4. 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. 
 
 5. 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. 
 
 6. In case of the removal of the President 
 from office, or of his death, resignation, or 
 inability to discharge the powers and duties of 
 
206 CONSTITUTION OF THE UNITED STATES. 
 
 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 inability, 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. 
 
 7. The President shall, at stated times, 
 receive for his services a compensation, 
 which shall neither be increased nor dimin- 
 ished during the period for which he shall 
 have been elected ; and he shall not receive 
 withm that period any other emolument from 
 the United States, or any of them. 
 
 8. Before he enters on the execution 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 President 
 of the United States ; and will, to the best of 
 my ability, preserve, protect, and defend the 
 Constitution of the United States." 
 
 Section II — i. 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 opin- 
 ion, in writing, of the principal officer in 
 each of the executive departments, upon any 
 subject relating to the duties of their respec- 
 tive offices ; and he shall have power to 
 grant reprieves and pardons for offenses 
 
CONSTITUTIOX OF THE UNITED STATES. 207 
 
 against the United States, except in cases of 
 impeachment. 
 
 2. 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 and other 
 public ministers and consuls, judges of the 
 Supreme Court, and all other officers of the 
 United States whose appointments are not 
 herein otherwise provided for, and which 
 shall be established by law. But the Con- 
 gress may, by law, vest the appointment of 
 such inferior officers as they think proper, in 
 the President alone, in the courts of law, or 
 in the heads of departments. 
 
 3. The President shall have power to hll 
 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. — i. He shall, from time to 
 time, give to Congress information of the 
 state of the Union, and recommend to their 
 consideration such measures as he shall judge 
 necessary and expedient. He may, on ex- 
 traordinary occasions, convene both houses, 
 or either of them ; and in case of disagree- 
 ment between them, with respect to the time 
 of adjournment, he may adjourn them to 
 such time as he shall think proper. He shall 
 receive ambassadors and other public min- 
 
208 CONSTITUTION OF THK UNITED STATES. 
 
 isters. He shall take care that the laws be 
 faithfully executed ; and shall commission 
 all othcers of the United States. 
 
 Sfxtion IV. — The President, Vice-President, 
 and all civil officers of the United States, shall 
 be removed from oftice on impeachment for, 
 and conviction of, treason, bribery, or other 
 high crimes an<l misdemeanors. 
 
 AR'nCLK III. 
 
 THK JUDICIAL DKrAKTMKXT. 
 
 SKCTinr^- 1. — The judicial jiower of tlie 
 United States shall be vested in one Supreme 
 Court, and in such inferior courts as Congress 
 may, from time to time, ordain ami establish. 
 The judges, both of the suj)reme and inferior 
 courts, shall hold their ofiices during good 
 behavior ; and shall, at stated times, receive 
 for their services a compensation, which 
 shall not be diminished during their contin- 
 uance in ofhce. 
 
 Section II. — i. The judicial pcnver shall 
 extend to all cases in law and equity arising 
 under this Constitution, the laws of the United 
 States, and treaties made or Avhich shall be 
 made, under their authority ; to all cases 
 atfecting ambassadors, other ]Hil)lic min- 
 isters, and consuls ; to all cases of admir- 
 alty 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 
 
CONSTITUTION OF THE UNITED STATES. 209 
 
 another State ; between citizens of different 
 States ; between 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. 
 
 2. In all cases affecting ambassadors, other 
 public ministers, and consuls, and those in 
 which a State shall be a party, the Supreme 
 Court shall have original jurisdiction. In all 
 the other cases before mentioned, the Supreme 
 Court shall have appellate jurisdiction, both 
 as to law and fact, with such exceptions and 
 under such regulations as Congress shall 
 make. 
 
 3. The trial of all crimes, except in cases of 
 impeachment, shall be 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 Congress may 
 by law have directed. 
 
 Section III. — i. Treason against the 
 United States shall consist only in levying 
 war against 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 
 
 2. Congress shall have power to declare 
 the punishment of treason ; but no attainder 
 of treason shall work corruption of blood, or 
 forfeiture, except during the life of the person 
 attainted. 
 
210 CONSTITUTION OF Till: UNITED STATES. 
 
 ARTICLE IV. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Section I. — Full faith and credit shall he 
 i^^iven in each State to the public acts, records, 
 and judicial proceedings of every other State; 
 andCongress may, by general laws, prescribe 
 the manner in which such acts, records, and 
 proceedings shall be })roved, and the effect 
 thereof 
 
 Skction II.— I. The citizens of each State 
 shall be entitled to all the privileges and im- 
 munities of citizens in the several States. 
 
 2. A person charged in any State with trea- 
 son, 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 he fled be delivered 
 up, to be removed to the State having juris- 
 diction of the crime. 
 
 3- No person held to service or labor in 
 one State, under the laws thereof, escaping 
 into another, shall, in consequenceof 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. — i. New States may be ad- 
 mitted by Congress into this Union ; but no> 
 new State shall be formed or erected within 
 the jurisdiction of any other State, or any 
 State be formed by the junction of two or 
 more States, or parts of States, without the 
 
CONSTITUTION OF THE UNITKD STATES. 211 
 
 consent of the legislatures of the States con- 
 cerned, as well as of Congress. 
 
 2. Congress shall have power to dispose 
 of, and make all needful rules and regula- 
 tions respecting the territory or other prop- 
 erty belonging to the United States ; and 
 nothing in this Constitution shall be so con- 
 strued as to prejudice any claims of the 
 United States, or of any other particular State. 
 
 Section IV. — The United States shall guar- 
 antee to every State in this Union a republi- 
 can form of government, and shall protect 
 each of them against invasion ; and, on ap- 
 plication of the legislature, or of the executive 
 (when the legislature cannot be '^^nvened), 
 against domestic violence. 
 
 ARTICLE V. 
 
 The Congress, whenever two thirds of 
 both houses shall deem it necessary, shall 
 propose amendments to this Constitution ; 
 or, on the application of the legislatures of 
 two thirds of the several States, shall call 
 a convention for proposing amendments, 
 which, in either case, shall be valid, to all 
 intents and purposes, as parts of this Consti- 
 tution, when ratified by the legislatures of 
 three fourths of the several States, or by con- 
 ventions in three fourths thereof, as the one 
 or the other mode of ratification maybe pro- 
 posed by Congress ; provided that no amend- 
 ment which may be made prior to the year 
 one thousand eight hundred and eight shall 
 
212 CONSTITUTION OP THE UNITED STATES. 
 
 in any manner affect the lirst and fourth 
 clauses in the nintli section of the lirst article ; 
 and that no State, without its consent, shall 
 be deprived of its equal suffrage in the Sen- 
 ate. 
 
 ARTICLE VI. 
 
 1. All debts contracted, and enga^^cmcnts 
 entered into, before the adoption of this Con- 
 stitution, shall be as valid ai^ainst the United 
 States under this Constitution as under the 
 Confederation. 
 
 2. This Constitution, and the laws of the 
 United States which shall be made in pursu- 
 ance 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 Judg^es in every State shall 
 be bound thereby, anything in the constitu- 
 tion or laws of any State to the contrary not- 
 withstanding. 
 
 3. The Senators and Representatives be- 
 fore mentioned, and the members of the 
 several State legislatures, and all executive 
 and judicial othcers, both of the United 
 States and of the several States, shall be 
 bound by oath or aflirmation 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 VII. 
 The ratification of the conventions «f nine 
 
CONSTITUTION OF THE UNITED STATES. 213 
 
 States shall be sufficient for the establish- 
 ment of this Constitution between the States 
 so ratifying the same. 
 
 Done in convention by the unanimous con- 
 sent of the States present, the seventeenth 
 day of September, in the year of our Lord 
 one thousand seven hundred and eighty- 
 seven, and of the Independence of the 
 United States of America the twelfth. In 
 witness whereof we have hereunto sub- 
 scribed our names. 
 
 George Washington, 
 
 Presidejit, and Deputy from Virginia, 
 
 AMENDMENTS TO THE CONSTITUTION 
 OF THE UNITED STATES. 
 
 Article I. — Congress shall make no law 
 respecting an establishment of religion, or 
 prohibiting the free exercise thereof ; or 
 abridging the freedom of speech or of the 
 press ; or the right of the people peaceably 
 to assemble, and to petition the government 
 for a redress of grievances. 
 
 Article II. — iV 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 prescribed by law. 
 
 Article IV. — The right of the people to be 
 
214 CONSTITUTION OF THE UNITED STATES. 
 
 secure in their persons, houses, papers, and 
 effects, against unreasonable searches and 
 sei7Aircs, shall not be violated ; and no war- 
 rants shall issue but upon probable cause, 
 supported by oath or aftirmation, and particu- 
 larly 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 presentment or indict- 
 ment of a grand jury, except in cases arising 
 in the land or naval forces, or in the militia, 
 when in actual service in time of war or 
 public danger ; nor shall any person be sub- 
 ject for the same offense to be put twice m 
 jeoj^ardy of life or limb ; nor shall be com- 
 pelled in any criminal case to be 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 tlie State 
 and district wherein the crime shall have been 
 committed, which district shall have been 
 previously ascertained by law ; and to be in- 
 formed of the nature and cause of the accusa- 
 tion ; to be confronted with the witnesses 
 against him ; to have compulsory process for 
 obtaining witnesses in his favor ; and to 
 have the assistance of counsel for his de- 
 fense. 
 
CONSTITUTION OF THE UNITED STATES. 215 
 
 Article VII. — In suits at common law, 
 where the value in controversy 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 excessive fines imposed, nor 
 cruel and unusual punishments inflicted. 
 
 Article IX. = — The enumeration in the Con- 
 stitution of certain rights shall not be con- 
 strued 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 power 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. 
 
 Article XII. — i. The electors shall meet 
 in their respective States, and vote by ballot 
 for President and Vice-President, one of 
 whom, at least, shall not be an inhabitant of 
 the same State with themelves. 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 
 
216 CONSTITUTION OF THE UNITED STATES. 
 
 President, and of all persons voted iur as 
 Vice-President, and of the number of votes 
 for each ; which lists they shall sign and cer- 
 tify, and transmit sealed to the seat o( the 
 government of the United States, directed to 
 the President of the Senate. The President 
 of the Senate shall, in the presence of the 
 Senate and House of Representatives, oj^en 
 all the certiticates, and the votes shall tlien 
 be counted. The person having the greatest 
 number of votes for President shall be the 
 President, if such number be a majority of 
 the whole number of electors appointed : and 
 if no person have such majority, then from 
 the persons having the highest numbers, not 
 exceeding three, on the list of those voted for 
 as President, the House of Representatives 
 shall choose immediately, by ballot, the 
 President. Put, in choosing the President, 
 the votes shall be taken by States, the repre- 
 sentation 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 the House 
 of Representatives shall not choose a Presi- 
 dent, whenever the right of choice shall de- 
 volve upon them, before the fourth day of 
 March next following, then the Vice-Presi- 
 dent shall act as President, as in the case of the 
 death or other constitutional disability of the 
 President. 
 
 2. The person having the greatest number 
 
CONSTITUTION OF THE UNITED STATES. 217 
 
 of votes as Vice-President shall be the Vice- 
 President, if such number be a majority of 
 the whole number of electors appointed ; 
 and if no person have a majority, then from 
 the two highest numbers on the list the Sen- 
 ate shall choose the Vice-President. A quo- 
 rum 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. 
 
 3. But no person constitutionally ineligible 
 to the office of President shall be eligible to 
 that of Vice-President of the United States. 
 
 Article XIII. — Seclion I. — Neither slavery 
 nor involuntary servitude, except as a pun- 
 ishment 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. 
 
 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 ;hall abridge the privileges 
 or immunities of citizens of the United States ; 
 nor shall any State deprive any person of 
 life, liberty, or ^Toperty, without due process 
 of law ; nor deny to any person within its 
 jurisdiction the equal protection of the laws. 
 
 Section II. — Representatives shall be ap- 
 
218 COXSTITUTJON OF THE UNITED STATES. 
 
 portioned amoni^ the several States according 
 to their respective numbers, counting the 
 whole number of persors in each State, ex- 
 chiding Indians not taxed. But when the 
 ri<rht to vote at any election for the choice of 
 electors for President or Vice-iVesident of the 
 I'nited States, Representatives in Congress, 
 the executive and judicial officers of a State, 
 or the members of the legislature thereof, is 
 denied 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 citizens shall 
 bear to the whole number of male citizens 
 twenty-one years of age in such State. 
 
 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 member ot 
 Congress, or as an ofiticerof the United States, 
 or as a member of any State legislature, or 
 as an executive or judicial officer of any 
 State, to support the Constitution of the 
 United States, shall have engaged in insur- 
 rection 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. 
 
CONSTITUTION OF THE UNITED STATES. 219 
 
 Secfioji IV. — The validity of the public 
 debt of the United States, authorized by law, 
 including debts incurred for payment of 
 pensions and bounties for services in sup- 
 pressing insurrection or rebellion, shall not 
 be cjuestioned. 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 
 £0 enforce, by appropriate legislation, the 
 provisions of this Article. 
 
 Article XV. — Section I. — The right of citi- 
 zens 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 legis- 
 lation. 
 
DECLARAllON OF TXDEPEXDEXCE. 
 
 When*, in the course of human events, it 
 becomes necessary for one people to dissolve 
 the political bands which have connected 
 them M'ith another, and to assume, amonef 
 the jiowers of the earth, the separate and 
 e<{ual station to which the laws of Nature 
 and Nature's (iod entitle them, a decent re- 
 spect to the opinions of mankind requires 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 inalien- 
 able rii^hts ; that amoni^ these are life, lib- 
 erty, and the pursuit of haj)j)iness. That to 
 secure these ritfhts, governments are insti- 
 ted among- men, deriving their just powers 
 from the consent of the governed ; that when- 
 ever any form of government becomes de- 
 structive of these ends, it is the right of the 
 people to alter or to abolish it, and to institu- 
 tutute a new government, laying- its founda- 
 tion on such jirinciples, and organizinj^ its 
 powers in such form as to tliem shall seem 
 most likely to effect their safety and happi- 
 
 220 
 
DECLARATION OF INDEPENDENCE. 22l 
 
 ness. Prudence, indeed, will dictate that 
 governments long established should not be 
 changed for light and transient causes ; and 
 accordingly all experience hath shown that 
 mankind are more disposed to suffer, while 
 evils are sufferable, than to right themselves, 
 by abolishing the forms to which they are 
 accustomed. But when a long train of abuses 
 and usurpations, pursuing invariably the 
 same object, evinces a design to reduce them 
 under absolute despotism, it is their right, it 
 is their duty, to throw off such government, 
 and to provide new guards for their future 
 security. Such has been the patient suffer- 
 ance of these colonies, and such is now the 
 necessity which constrains them to alter their 
 former systems of government. The history 
 of the present king of Great Britain is a his- 
 tory of repeated injuries and usurpations, all 
 having in direct object the establishment of 
 an absolute tyranny over these States. To 
 prove this, let facts be submitted to a candid 
 world : 
 
 He has refused his assent to laws the most 
 wholesome and necessary for the pubHc 
 good. 
 
 He has forbidden his governors to pass 
 laws of immediate and pressing importance, 
 unless suspended in their operation till his 
 assent should be obtained ; and when so sus- 
 pended he has utterly neglected to attend to 
 them. He has refused to pass other laws for 
 the accommodation of large districts of peo- 
 
222 DECLARATION OF INDEPENDENCE. 
 
 pie, unless those people would relinquish 
 the right of representation in the legislature 
 — a right inestimable to them, and formid- 
 able to tyrants only. 
 
 He has called together legislative bodies at 
 places unusual, uncomfortable, and distant 
 from the repository of the public records, for 
 the sole purpose of fatiguing them into com- 
 pliance with his measures. 
 
 lie has dissolved representative houses re- 
 peatedly for opposing, with manly tirmness, 
 his invasions on the rights of the people. 
 
 He has refused for a long time after such 
 dissolution to cause others to be elected ; 
 whereby the legislative powers, incapable of 
 annihilation, have returned to the people at 
 large for their exercise, the State remaining, 
 in the mean time, exposed to all the dangers 
 of invasion from without and convulsions 
 within. 
 
 He has endeavored to prevent the popula- 
 tion of these States ; for that purpose ob- 
 structing the laws of naturalization of foreign- 
 ers ; refusing to pass others to encourage 
 their migration hither, and raising the condi- 
 tions of new appropriations of lands. 
 
 He has obstructed the administration of 
 justice by refusing his assent to laws for es- 
 tablishing judiciary powers. 
 
 He has made judges dependent on his will 
 alone for the tenure of their offices and the 
 amount of payment of their salaries. 
 
 He has erected a multitude of new offices, 
 
DECLARATION OF INDEPENDENCE. 223 
 
 and sent hither swarms of officers to harass 
 our people, and eat out their substance. 
 
 He has kept among us, in times of peace, 
 standing armies, without the consent of our 
 legislatures. 
 
 He has affected to render the military in- 
 dependent of and superior to the civil power. 
 
 He has combined with others to subject us 
 to a jurisdiction foreign to our Constitution, 
 and unacknowledged by our laws ; giving 
 his assent to their acts of pretended legisla- 
 tion : 
 
 For quartering large bodies of armed troops 
 among us : 
 
 For protecting them by a mock trial from 
 punishment for any murders which they 
 should commit on the inhabitants of these 
 States : 
 
 For cutting off our trade with all parts of 
 the world : 
 
 For imposing taxes on us without our con- 
 sent : 
 
 For depriving us, in many cases, of the 
 benefits of trial by jury : 
 
 For transporting us beyond seas to be tried 
 for pretended offenses : 
 
 For abolishing the free system of English 
 laws in a neighboring province, establishing 
 therein an arbitrary government, and enlarg- 
 ing its boundaries, so as to render it at once 
 an example and fit instrument for introducing 
 the same absolute rule into these colonies : 
 
 For taking away our charters, abolishing 
 
224 DECLARATIOX OF IXDEPEXDEXCE. 
 
 our most valuable laws, and altering-, funda- 
 mentally, the forms of our government : 
 
 For suspending our own legislatures, and 
 declaring themselves invested with power to 
 legislate for us in all cases whatsoever. 
 
 He has abdicated government here by- 
 declaring us out of his protection, and 
 waging war against us. 
 
 He has plundered our seas, ravaged our 
 coasts, burnt our towns, and destroyed the 
 lives of our ])eople. 
 
 He is at this time trans]K)rting large armies 
 of foreign mercenaries to complete the works 
 of death, desolation, and tyranny already 
 begun, with circumstances of cruelty and 
 l)erfidy scarcely paralleled in the most bar- 
 barous ages, and totally unworthy the head 
 of a civilized nation. 
 
 He has constrained our fellow-citizens, 
 taken captive on the high seas, to bear arms 
 against their country, to become the ex- 
 ecutioners of their friends and brethren, or to 
 fall themselves by their hands. 
 
 He has excited domestic insurrections 
 among us, and has endeavored to bring on 
 the inhabitants of our frontiers the merciless 
 Indian savages, whose known rule of war- 
 fare is an undistinguished destruction of all 
 ages, sexes, and conditions. 
 
 In every stage of these oppressions we 
 have petitioned for redress in the most humble 
 terms : our re])eated petitions have been 
 answered only by repeated injury. A prince 
 
DECLARATION OF INDEPENDENCE. 225 
 
 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 attentions 
 to our British brethren. We have warned 
 them, from time to time, of attempts by 
 their legislature to extend an unwarrantable 
 jurisdiction over us. We have reminded 
 them of the circumstances of our emigration 
 and settlement here. We have appealed to 
 their native justice and magnanimity, and 
 we have conjured them by the ties of our 
 common kindred to disavow these usurpa- 
 tions, which would inevitably interrupt our 
 connections and correspondence. They, 
 too, have been deaf to the voice of justice 
 and consanguinity. We must, therefore, ac- 
 quiesce 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 Con- 
 gress assembled, appealing to the Supreme 
 Judge of the world for the rectitude of our 
 intentions, do, in the name and by the author- 
 ity of the good people of these colonies, 
 solemnly publish and declare that these 
 United Colonies are, and of right ought to 
 be, free and independent States ; that they 
 are absolved from all alleg-iance to the British 
 crown, and that all political connection be- 
 tween them and the State of Great Britain is. 
 
226 DECLARATION OF INDErEXDENCK. 
 
 and ought to be, totally dissolved ; and that, 
 as free and independent States, they have 
 full power to levy war, conclude ])eace, 
 contract alliances, establish commerce, and 
 to do all other acts and things which inde- 
 ])endent States may of right ilo. And for the 
 support of this declaration, with a firm re- 
 liance on the ])rotection of Divine Providence, 
 we mutually ])ledge to each other our lives, 
 our fortunes, and our sacred honor. 
 
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