2-NRLF No. ... Division Range Shelf... Received.. ^< UNIVERSITY OF CALIFORNIA. GIFT OF N [EL C, Gl r.M AN, a Harrisburg, April 4th, 1846. ) DEAR SIR: I have carefully examined your Manual for conducting business in deliberative bodies and do not hesi- tate in pronouncing it an excellent little work just such as is called for in every community ; and every person who is in the habit of participating in the proceedings of public meetings or societies, should avail himself of the first oppor- tunity to procure a copy of those excellent rules, which have been so well compiled. Yours truly, .s, Esq. FINDLEY PATTERSON. B. MATTHIAS, From Members of the Pennsylvania House of Representa- tives. HOUSE OF REPRESENTATIVES, ) Harrisburg, March 28th, 1846. j This plain and familiar treatise on the rules of order and the proper mode of conducting business in deliberative as- semblies, will be found highly useful to those who may be called upon to preside over, or to participate in the pro- ceedings of public meetings and other organised bodies. The Manuals of Jefferson and Sutherland relate mainly to Legislative practice ; a work like the present is much wanted, which will apply to meetings on public affairs, societies, boards of managers, and all deliberative associa- tions. The rules laid down in it are in accordance with approved and established parliamentary practice ; the arrangement is judicious, and the whole is presented and explained in so clear and perspicuous a manner as to be easily understood by those for whose use it is intended. CHA8. B. TREGO, J. G. SHUMAN, THOS. NICHOLSON, GEORGE R. HAYMAKER, 4 RECOMMENDATIONS. RICH. DONALDSON, GEORGE BACH MAN, PETER SNYDKR, JAMES STARR, WM. MERRIF1ELD, ROBERT JAMES. JOHN M. PUMROY, THOS. G. CONNOR, JOHN R. EDIE, JOHN LARK1N, Jr., M. DAN MAGEHAN, ED. Y. BRIGHT, DANIEL RIDER, R. T. GALLOWAY, BENJAMIN HILL, DAVVSON WADS WORTH, T. J. BIG HAM. DANL. McCURDY, ROBERT MCCLELLAND, H. L. PATTERSON, L. ROBINSON. MICHAEL WORM AN, JAMESTAGGART, A. M. HILL, JNO. STEWART, WM. M. ARMSTRONG, BENJ. BARTHOLOMEW, GEORGE BOYER, H. G. STETLER, WM. W. HALY, A. H VAN HOFF, HENRY DOTTS, GEORGE LADLEY, JESSE SAMUELS, REUBEN STROUSS, ROBERT BARBER. JAS. V. BOUGHNER, THOMAS C. STEEL, JOSEPH GRAY, G. S. MURPHY, J. H. McCRUM, M. KELLER. JNO. C. KUNKEL, JOHN McFARLAND, J. M. MEANS, THOS. *. FERNON, B. T. HAL LOW ELL, P. D. THOMAS, JOSEPH ENEU, G. MORRISON, THOMAS POMEROY, JACOB McCURLEY, A. H1LANDS, JAS. CLARKE, JOHN RUPERT, JOHN L. WEBB, SCH U YLER FASSITT, D.THOMAS, H. M. BRACKENRIDGE. F. W. WEEST, V. E. PIOLLET, CHARLES LEVAN, GEO. CHESNUT, JOHN KLINE, ALEXANDER POWER, ALEX. GWIN. JOHN BASSLER, CHRIS. BENTZ, JOHN C. KNOX, JAMES BURNS, Jr., E. OWEN, JOHN BROUGH, THOMAS B. JACOBS, JAS. BURNSIDE, J. M. BURRELL, THOS. H. FORSYTH, THOS. A. FUNSTON, A. A. STEWART, WILLIAM PRICE, WM. Me A BEE, JOSEPH CROSS. From Theo. D. Cochran, Esq., Member of the House of Re- presentatives, from Lancaster county. Harrisburg, April 2d, 1846. DEAR SIR: I have examined, with much pleasure, your little work ' Rules of Order" and think that it is most ad- mirable in conception and design. Something of this sort i* 5 R ECOMMENDAT10NS. has long been needed, and I am really glad that you have published this volume. It is a plain statement of rules ne- cessary to regulate the proceedings of deliberative bodies, town meetings, societies, &c., and is written in a familiar style, so that it can readily be understood by all. The work should be in the hands of the leading citizens of every town and village in the land. Sincerely, your friend, B. MATTHIAS, Esq. THEO. D. COCHRAN. From J. B. Johnson, Esq., Member of the House of Repre. sentatives, from Erie County. HOUSE OF REPRESENTATIVES, ) Harrisburg, April 3d, 1846. J DEAR SIR: I have the honor to acknowledge the receipt of a copy of your Manual or Treatise, on Rules of Order for the regulation and government of deliberative assem- blies, for which you will please accept my unfeigned thanks. I have examined the work with considerable at- tentiprt and care, and unhesitatingly pronounce it, in my opinion, one of much merit. It is concise and perspicuous, and in every respect, accorvding to my judgment, admirably adapted to ihe purposes for which it is designed. It will certainly prove an invaluable acquisition to Boards of Council and Aldermen of incorporated towns; to literary and other associations especially those connected with Colleges and Academies, as well as to persons of various other business relations. Please accept assurances of my sincere regard, and be lieve me yours, and respectfully, J. B. JOftNSON. B. MATTHIAS, Esq. From the Clerk and Assistant Clerk of the Pennsylvania House of Representatives. HOUSE OF REPRESENTATIVES, ) Harrisburg, April 1st, 1846. } We have carefully examined the " Manual for conduct- ing business in Town and Ward Meetings, Societies, Boards of Directors, and other deliberative bodies," pre- pared by Mr. Matthias, and have no hesitation in pro- nouncing it an admirable work. It is plain, concise, and altogether correct in its details, and cannot fail to prove of great service in properly directing the business of meetings. WM JACK, Clerk, THOS. J. GROSS, Assist. Clerk. RECOMMENDATIONS. From the Hon. Joel B. Sutherland, late member of Congress, and author of the Congressional and Legislative Manuals. Philada., May 26th, 1846. DEAR SIR: I have carefully perused your "Manual for conducting business in town and warcl meetings, &c." and take great pleasure in saying that it is a most excellent work, and is well calculated to instruct presiding officers in our popular and other meetings to execute the duties of the chair with ability and despatch. With great respect, I remain Your obedient servant, J. B. SUTHERLAND B. MATTHIAS, Esq. From Col. James Page, formerly Postmaster of Philadelphia. Philada., May 27th, 1846. MY DEAR SIR: I have given your "Rules of Order" a careful perusal. The work is much needed, and will be found very useful to all classes of our fellow citizens, for the whole American people may be regarded as a combina- tion of deliberative bodies. No one of them should be with- out the knowledge you are aiming to impart, conveyed as it is in simple and appropriate language, and condensed form. Already I have found the book a valuable assistant, and thank you sincerely for your kindness in sending me a copy. Very truly your friend and obedient servant, JAMES PAGE. B. MATTHIAS, Esq. From the Hon. Richard Vaux, Recorder of the city of Phila- delphia. Philada., May 23d, 1846. MY DEAR SIR : Permit me to thank you for a copy of your "Rules of Order for Deliberative Assemblies," which I have lead with interest and satisfaction. It was the remark of an author of distinction, that it was good to know, but better to know where to find, information on those subjects not within the range of general knowledge. Your work is calculated to afford to those who seek, such information on the subjects on which it treats, and of which but few are in possession. Our people are more remarkable than any other, for asso- ciations and meetings of all kinds, calculated and originated to promote advancement and improvement in matters of 7 RECOMMENDATIONS. religion, benevolence, literature and politics. These asso- ciations are the machinery of public opinion, of which the motive power is an enlightened, independent public press. Those of our citizens, therefore, who interest themselves in any or either of these subjects, and who desire that the action of these associations shonld be regulated, directed and harmonised, will find a guide in the work you have compiled. If I may be allowed to make a suggestion, it is that your book should be introduced into schools and colleges, as cal- culated to be of real benefit. I am, ever respectfully, yours, RICHARD VAUX. B. MATTHIAS, Esq. From the Hon. James Ross Snowden, State Treasurer, for- merly Speaker of the House of Representatives. Harrisburg, March 28ih, 1846. DEAR SIR : I have received your letter, and a copy of " A Manual for conducting business in Town and Ward Meet- ings, Societies, Boards of Directors and Managers, and other deliberative bodies." I have examined it carefully, and am fully satisfied that it will be eminently useful for the pur- poses intended. Rules of order are of the first importance in deliberative assemblies ; and the despatch of business, the avoidance of confusion and personal altercations, are dependant upon their prompt enforcement. The general circulation of this excellent and concise man- ual will place it in the power of our citizens generally, to become acquainted with the elementary principles of order, and thus enable them to participate advantageously in the various meetings, which are incident to our republican in- stitutions and the regulations of society. Very truly, yours, &c. JAMES SNOWDEN. B. MATTHIAS, Esq., Member of the Legislature. From the Rev. Robert Emory, A, M., President of Dickin- son College, Carlisle, Pa. DICKINSON COLLEGE, ) April 9th, 1846. $ MT DEAR SIR: I did not receive your " Rules of Order," until my return from Philadelphia last night. I lake the earliest opportunity after examining it, (which I have done pretty carefully to-day,) to express to you my 8 RECOMMENDATIONS. gratification at the intended publication of such a Manual: It is greatly needed, especially for the use of those bodies, religious and secular, to whose proceedings the larger and more complicated manuals are not adapted. I am sure that your little work will be of much service at the meetings of our Conferences, and I shall desire to see it extensively circulated among our preachers. Very truly yours, ROBT. EMORY. B. MATTHIAS, Esq. From the Rev. John McClintock, Jr., A. M., Professor of Languages in Dickinson College. Carlisle, 6th April, 1846. MY DEAR SIR: I acknowledge the receipt of yours of the 3d inst., with a copy of your " Rules of Order," for which please accept my thanks. I have gone through it with some care, and find it every thing that I could wish : although, in- deed, I am so unskilled in such matters, that neither my praise nor blame can be of much importance. I have long felt the need of such a concise guide book, and think yon have hit the nail precisely on the head. The book cannot fail to have a large circulation : certainly I shall do all that I can to diffuse it. Please accept my best wishes in all respects, and believe me, Yours truly, JNO. McCLINTOCK, Jr. From the Hon. James Cooper, late Member of Congress, from Adams County. Gettysburg, April llth, 1846. MY DEAR SIR: I have read your Manual of Rules for conducting the business of Town Meetings, Societies, and deliberative bodies, with attention. Regularity, uniformity and order> in the transaction of the business of such assem- blies, are objects of much importance ; and in my judgment, the publication of your work will contribute materially to promote them. The perspicuous style of the work, the adaptation of its rules to their several objects, all add to its value; and the legislator, no less than the citizen, who is in the habit of taking part in the business of public meetings, will find it instructive and useful. I consider it a work of much merit. Its rules are plain and simple, while at the same time they are strictly conformable to the principles of par- liamentary law. Accept my thanks for the copy you have done me the honor to send me. Respectfully and truly yours, JAMES COOPER. B. MATTHIAS, Esq. 9 RECOMMENDATIONS. From the Hon. Ellis Lewis, President Judge of the Court of Common Pleas of Lancaster county. Lancaster, April 13th, 1846. MT DEAR SIR : I thank you for your favor of the 8th inst., and for your '' Rules of Order" in town meetings, &c. I have examined the work, and think it well calculated to meet the purpose intended. Under a government founded upon and controlled by the public voice, such a work is pe- culiarly important and useful to the citizens. Every man has a part to perform in the public affairs. Every question of importance comes before the people in their deliberative assemblies. Our whole nation is a nation of orators, states- men and legislators ; and, whether we be called to attend to the business of the township the ward the city the county the state or the church, a knowledge of parliamentary rules is of infinite importance in securing the expeditious and or- derly transaction of business. Your fellow citizens are therefore greatly indebted to you for placing the necessary knowledge on this subject in such a form, and at such a price as to be convenient and accessible to every man. No one should be without your valuable Manual. Yours truly, ELLIS LEWIS. B. MATTHIAS, Esq., Member of the House of Representatives. From the Hon. John Swift, Mayor of the City of Philadelphia. Philada., May 20th, 1846. DEAR SIR : I have'read, and with pleasure too, your " Man- ual for conducting business in Town and Ward Meetings, So- cieties, Boards of Directors and Managers, and other delib- erative bodies.' 5 In a country like ours, where the people so frequently meet together in town and township meetings, to interchange views and to express opinions in relation to matters alike interesting lo themselves and the country at large, rules for conducting their proceedings are essentially necessary. Your Manual, so admirably abridged, yet con- taining every thing requisite, will be found so useful, that I feel satisfied, that it will not be long ere it will become a vade mecum for politicians, and be adapted to corporate bodies and societies generally. That you deserve the thanks of your fellow citizens for the book is most certain, and that you will receive them I cannot doubt. Very respectfully your friend and obed't serv't, B. MATTHIAS, Esq. JOHN SWIFT. 10 RECOMMENDATIONS. From Wm. M. Meredith, Esq., President of the Select Council. Philada., May 29th, 1846. DEAR SIR: I have examined your " Rules of Order" with much pleasure, and think the volume will be useful as a manual. Very truly your obed't serv't, B. MATTHIAS, Esq. WM. M. MEREDITH. From Saml. Norris, Esq., President of the Common Council. Philada., May 29th, 1846. DEAR SIR : I have carefully looked over your little work, entitled " Rules of Order,' 5 and to the numerous testimonials in its favor, cheerfully add mine. It will be found very use- ful to all those who participate in the proceedings of delib- erative bodies. Very respectfully, yours, &c. B. MATTHIAS, Esq. SAML. NORRIS. From Henry Helmuth, Esq., Clerk of the Select Council. Philada., May 27th, 1846. MY DEAR SIR : I have received your book, entitled <{ Rules of Order," and read it with much satisfaction. The want of such a work has been long felt in our community, and a familiar acquaintance with its contents would do much to economize time, prevent irreconcileable dissensions, and greatly assist in arriving at correct conclusions, I am, dear sir, very truly yours. B. MATTHIAS, Esq, HENRY HELMUTH. RECOMMENDATIONS OF THE PRESS. It is recommended in the warmest manner by the Speakers of the Senate and House of Representatives of Pennsylva- nia, and by a number of the leading members of the Legis- lature. A more useful publication has not been issued for a long time. We commend it in the most cordial manner. Inquirer. The obvious utility of this work will guarantee its exten- sive circulation. The Sun. Will be found most useful to politicians and citizens gene- rally, on account of its simplified parliamentary directions. Pennsylvanian. This work has been carefully edited, and contains pre- cedents from the Manuals of Jefferson, Gushing. Sutherland and others, and is of great value to all who desire to take part in public assemblies of every kind. Spirit of the Times 11 RECOMMENDATIONS. This is a very useful work, and should be in the hands of every man who wishes to qualify himself for any of the duties enumerated in the title, that he may at times be called upon to perform. Chronicle. This modest volume, contains a full fruit of observation and experience, and is what it purports to be, a manual for those who desire to familiarize themselves with the details of legis- lative or deliberative business. The compiler, Benj. Matthias, Esq., a member of our Legislature, has performed his task with great simplicity and comprehensiveness of manner, and by his perfect knowledge of his subject, has been enabled to condense into brief space, what others, less informed, would have filled a bulky volume with. The arrangement is clear and exact, the reference to any particular portion easy, and the citations of examples to illustrate obscure or unusual modes of proceeding, apposite and luminous. As there are but few persons who are not at some period or other, called to preside over deliberative bodies of some kind or other, so it will be well to have at hand a means of satisfying doubts in legislative practice, such as Mr. Matthias's Manual affords. U. S. Gazette. Would recommend its careful perusal and study to those who may be called to preside over deliberative bodies. Native Eagle. It is really a very useful book, and should be in the pos- session of every member of a corporation throughout the State, and, indeed, every member of a deliberate body should study its pages. Democratic Union. It is based on the rules of the Pennsylvania Legislature, and is certainly a most valuable and useful work. Mr. Mat- thias is entitled to much credit, for giving us a book so much needed, arid in a cheap and compact form.Harrisburg Reporter. We should think such a work would be very useful, and the necessity of the knowledge it contains, ensure a ready and extensive sale. Harrisburg Argus. It is arranged under different heads, is brief and compre- hensive, and cannot fail to prove eminently useful to the public. Any person of ordinary intelligence, with a copy of this work at hand, may make himself competent to take part in or preside over a deliberative body, and determine questions of order with ease and precision. Pennsylvania Intelligencer. 12 RULES OF ORDER. RULES OF ORDER. A MANUAL CONDUCTING BUSINESS TOWN AND WARD MEETINGS, SOCIETIES, BOARDS OF DIRECTORS AND MANAGERS, AND OTHER DELIBERATIVE BODIES. BASED ON PARLIAMENTARY, CONGRESSIONAL AND LEGISLATIVE PRACTICE. It It much more material that tnere should be a rule to go by, than what that rule is; that there may be a uniformity of proceeding in business, not ubject to the caprice of the speaker, or captiousness of the members HatsdL BY BENJAMIN MATTHIAS, A. M. FIFTH EDITION. PHILADELPHIA: LINDSAY AND BLAKISTON. 1851. [Entered according to an act of Congress, in the year 1846, by BENJAMIN MATTHIAS, in the office of the Clerk of the District Court of the United States, in and for the Eastern District of Pennsylvania.] Stereotyped by 8. DOUGLAS WYETH, No. 7 Pear St., rtnladeJj.hia. PREFACE. THE compiler's motive in presenting this little work to the public, is a firm conviction that it will be found extensively useful, especially to those who have not leisure to peruse and study more elaborate publications on the subject. He begs to say that he has strenuously aimed at simplicity of style, and clearness of arrangement, so that every point laid down in theory, may be easily comprehended, and as readily applied in practice. The compiler is indebted, for authorities, to Jeffer- son's Manual, Cushing's Manual, the Congressional and Legislative Manuals, by Mr. Sutherland, and the British authors quoted in those works. As all these works, however, are only applicable, in general, to Legislative, bodies, being too diffuse and complicated for the use of Societies, Boards of Managers, &c., it is believed that the present work will be found eminently serviceable to the public, without at all underrating the merits, or trespassing upon the claims, of other and more extended pub- lications. iii CONTENTS. Q~TFoR INDEX, SEE PAGE 123. Preface, - . . . ." 3 Introductory, - - - - .7 Mode of Conducting Business in a Town or Ward Meeting, - - ..,'".*'' "'.--!; H Religious Public Meetings, - - 24 County Conventions, - * ~ *. 26 Mode of Conducting Business in a Society, Board of Managers, &c., " * ' - 28 Adjourned and Special Meetings, 46 Of the President, - . . - 47 Of the Secretary, - - - 51 Of the Treasurer, . . . - 55 Of Committees, - . . . 58 Reports of Committees, - - - 62 Of a Committee of the Whole, - - 65 Of Privileged Questions, . . - 69 Of Adjournment, 72 Of the Motion to lie on the Table, - 76 Of the Motion to Commit, . . 77 Of Amendments, - . . - 78 Of Debate, ... 87 VI CONTENTS. Pag Of Questions not Debatable, - - 92 Dividing- a Question, - - - 93 Of the Previous Question, . . 95 Of Postponement, . > '.- f -98 Of the Motion to Reconsider, 99 Of the Motions to Rescind and Expunge, - 102 Of Appeals, .... 103 Of Minorities, ... 105 Of Motions, . . . 106 Of Questions of Order, - - - 110 Of a Quorum, - . . . Ill Of the Yeas and Nays, . - - 112 Of Elections for Officers, - . . 114 On the Adoption of Rules, or By-laws, - 116 On Punishing Disorderly Members, - 117 Peculiarities of Parliamentary Legislation, - 119 Peculiarities of French Legislation, - 121 RULES OF ORDER. INTRODUCTORY. LIKE the common law of this country, which is based on that of England, the Rules of Order in our deliberative assemblies, are rnainly derived from those of the mother country. Our national Congress, (with many modifications, however,) have adopted all the rules for conducting business in Par- liament, applicable to our republican in- stitutions and form of government, and, in the absence of any special laws of order, those laid down in Jefferson's Manual, which are a digest of those of the British Legislature, are considered good authority. Our State Legislatures copy, in general, the principal rules of order adopted in Congress. The States, however, differ, very essentially, in many particulars, although in all, the rules of the two houses of Congress may be con- 7 8 INTRODUCTORY. sidered as the basis of their several forms of proceeding. For Societies, Boards of Managers, Town Meetings, and the business meetings of local institutions in general, no fixed rules have ever been prepared and laid down in this country, and hence a great want of uniform- ity in the arrangement and mode of con- ducting the details of business, is apparent among us. Presiding officers, with some knowledge of legislative rules, find no dif- ficulty in managing a meeting, because they bring this knowledge to bear ; but those de- ficient in this particular, labor under great difficulty, and are constantly liable to serious embarrassment, especially should there be any among those over whom they preside, disposed to be troublesome or captious. The mode of conducting a business meet- ing for a Society, and the rules necessary for its government, are, in themselves, entirely simple and easily comprehended; but as they are not clearly expressed in any Legis- lative Manual, some study is necessary be- fore they can be properly understood, and promptly and efficiently applied. And INTRODUCTORY. 9 while it is scarcely possible that any indi- vidual, possessing ordinary experience and good common sense, will be at a loss in sat- isfactorily directing the business of a meet- ing, yet, it is evident, that with some know- ledge of the legislative mode of propound- ing and deciding questions of order, greater facility will be possessed by the Chairman, and a degree of regularity, propriety and dignity, given to the doings of a meeting, not to be hoped for under less favorable circum- stances. Uniformity of proceeding can never be obtained while every presiding officer is al- lowed to decide questions of order according to his own will, or on the mere ground of temporary expediency. Invariably the ob- ject of a meeting is, or should be, to obtain a free, full and unbiassed expression of opinion; and to secure this, the rights and privileges of both officers and members, majorities and minorities, must be properly guarded. Rules of order have been found necessary to promote these ends, and hence their adoption in all deliberative assemblies. Without such rules, the influence of a pre- 10 INTRODUCTORY. siding officer, which is very great, or the pertinacity of a popular member or mem- bers, in advocating a favorite scheme, might wholly frustrate the real object of a meet- ing, and render its proceedings altogether nugatory. Fixed fundamental rules are therefore essentially necessary, as well to carry out the true purposes of a meeting, as to protect the rights of every member. The deficiency heretofore felt in this par- ticular, it is now, with much diffidence, pro- posed to supply in this publication. The rules for conducting business here laid down, are based upon those in use in legisla- tive bodies, with such suggestions, modifi- cations and alterations, as appear to be neces- sary to make them applicable to the pur- poses intended. The leading objects are to relieve presiding officers from embarrass- ment, to give greater facility in the transac- tion of business, to economize time, and to produce uniformity and impartiality in the government of societies and meetings and if these should be in any degree promoted, the design of this work will be fully accom- plished. TOWN AND WARD MEETINGS. 11 MODE OF CONDUCTING BUSINESS IN A TOWN OR WARD MEETING. The usage is now well established that no anonymous call for a Town or Ward meeting, is entitled to any attention what- ever, from discreet and sober-minded citi- zens. Every call should have one or more signatures, or the endorsement of some com- mittee, in order that the public may know something of the source whence the call emanates. The call should also state, in brief but explicit terms, the object of the meeting. Vagueness in this matter some- times leads to serious difficulty. A call for a meeting of citizens " on the Oregon Ques- tion," would give any one, whether in favor or otherwise of possessing Oregon, the right to be present, although the authors of the call might have intended it to embrace those only in favor of claiming the whole of that territory. So also, with a call for a meeting " to consider the expediency of abolishing the Death Penalty," which phraseology opens the door to those who sustain capital 3 12 TOWN AND WARD MEETINGS. punishment, as well as to those who op- pose it. The words " friendly to," or " opposed to," are generally sufficient to render the whole matter clearly understood. Very many meetings in this city have been rendered entirely abortive, and many con- verted into scenes of confusion and disorder, from the want of proper attention to these particulars. 1. At the appointed hour, one of the gen- tlemen whose name appears on the call of the meeting, should open the business, by nominating a Chairman, as follows : " Gentlemen, as the hour designated for this meeting has arrived, I propose that we proceed to organize, and beg leave to nomi- nate Mr. , as Chairman." This mo- tion, being seconded, he will immediately proceed : " It is moved and seconded that Mr. take the chair gentlemen in favor of that motion will please to say l aye' " and, (after a short pause,) c< those of the contrary opinion will please to say < no.' " If the ayes are a majority, he will add, " the motion is agreed to Mr. will please lake the chair." TOWN AND WARD MEETINGS. 13 2. The Chairman thus chosen will imme- diately proceed to the stand, and say : " The meeting will please come to order will the meeting nominate a Secretary ?" Some other individual, who has also been f. prominent in calling the meeting, will then nominate a Secretary or Secretaries, as the case may be, and upon these nominations the Chairman will put the question as fol- lows : " Gentlemen, you have heard the nominations just made shall these gentle- men be your Secretaries ? As many as are in favor, say ' aye,' contrary opinion, ' no.' " If the ayes prevail, as is almost al- ways the case, he will declare the gentlemen to be chosen, and invite them to take their seats at the desk. In case Vice Presidents are appointed, they should be nominated previous to, or in connection with the Sec- retaries. When the business of a meeting is thus opened, it rarely happens that any op- position is made to the regular nominations for officers. All opposers may safely be set down as disorganizes, as the right to nomi- nate officers clearly rests with those who called the meeting. Upon them rests the 14 TOWN AND WAfiD MEETINGS. responsibility and expense, and to them be- longs the honor of commencing the proceed- ings, and of opening the way for business. 3. The meeting being thus organized, the Chairman will ask for, or produce himself, the call of the meeting, as published in the papers or in handbills, which he will read, or cause to be read by the Secretary. Or, he may, at his option, instead of reading the call, verbally offer some remarks explana- tory of the objects of the meeting. Either course is strictly in order. This being done, the Chairman will say, " the meeting is now organized, and ready to proceed to busi- ness." 4. The proper course is then for some in- dividual, who has been designated for that duty by the persons who called the meeting, to rise and say " Mr. Chairman I move that a committee be appointed to draft resolu- tions for the action of the meeting," or, " ex- pressive of the sense of the meeting." The motion being seconded, the Chairman will, after asking if the meeting " is ready for the question," put the question in the manner before mentioned. If the motion prevails, TOWN AND WARD MEETINGS. 15 the Chairman will say " the motion is agreed to," and ask : " Of how many shall the committee consist?" Some member of the meeting will then probably nominate " three," perhaps another "five," and another " seven." The custom is to take the question on the highest number first. If that does not pre- vail, the Chairman will proceed with the next highest, and so on until the meeting agrees to a certain number. If only one number be named, and that number be five, the Chairman will say: "The number five has been named, and as no other number is mentioned, the committee will consist of five." 5. The Chairman should then ask : " How shall the committee be appointed will the meeting nominate?" If those pre- sent desire to name the committee, they will then nominate, and when the number is filled up, and the names read off by the Sec- retary, the Chairman will say, " Shall these gentlemen be your committee 7" If no ob- jection be offered, he will add u they will be your committee ?" The most usual course, however, in forming committees, is, 3* 16 TOWN AND WARD MEETINGS. for several voices to say, " the Chair will appoint," whereupon the Chairman will ask, " Is it the pleasure of the meeting that the Chair appoint the committee?" If no objection be made, he will then, himself, select and announce the committee. 6. It is customary to place the gentleman who makes a motion, as the first on the com- mittee, it being understood that he will act as its chairman. Any other course is cal- culated to give offence, and I have known such an omission regarded as a personal af- front. If the gentleman so named, or any other appointed on the committee, does not wish to serve, he may decline. In such cases it is usual for the gentleman to assign his reasons, whereupon the presiding officer asks, " Shall the gentleman be excused ?" and if no serious objection be made, he will declare him excused, and appoint another in his place. As a general rule, gentlemen ought not to move to raise committees, in- volving labor and trouble, unless they are willing to share that labor and trouble them- selves. 7. When the committee is announced, TOWN AND WARD MEETINGS. 17 the gentleman first named will go to the Secretary's table, and obtain a copy of the names of his colleagues, and request them to accompany him to an adjoining room, or some contiguous place. During the absence of the committee, it is usual to call upon some well known speaker to address the meeting. When the committee have agreed upon a report, they should immediately re- turn, and the chairman should place him- self near the President, and in view of the person speaking, who will most probably bring his remarks to a close, as soon as he finds the committee returned and prepared to report. The moment he ceases, the chairman of the committee will address the presiding officer of the meeting, and say : " Mr. Chairman the committee appointed to prepare resolutions, have instructed me to report the following," and then hand the resolutions to the Chair, or proceed to read them himself. The Chairman will receive the resolutions and say, " the committee appointed to prepare resolutions report the following they will be read," and then direct the Secretary to read them. After 18 TOWN AND WARD MEETINGS. being read, he will continue, " the resolu- tions are before the meeting will the meet- ing consider them separately or altogether I" Most probably members will say " sepa- rately," whereupon the Chairman will say " the resolutions will be considered separate- ly the first resolution is before the meet- ing." Some gentleman will then rise to speak, or to move that it be adopted. In the former case, the Chairman will say, " Mr. ," naming him in the latter case, he will say, " it is moved and second- ed that the resolution be adopted is the meeting ready for the question ?" If no one rises, after pausing a moment or two, he will put the question in the following manner : " As many as are in favor of the adoption of the resolution will please say t aye' those of the contrary opinion will say ' no.' " Should the ayes appear to prepon- derate, he will say, "the ayes appear to have it," and if no one calls for a division, he will continue, " the ayes have it the resolution is agreed to." 8. Should a division be called for any time previous to the result being declared by the TOWN AND WARD MEETINGS. 19 Chairman, he will say " a division is called for gentleman in the affirmative will please rise." He should then direct the Secretary to count the number standing, and when this is done, and the number reported to him, he will say " forty- four gentlemen are up," supposing that to be the number, and then request those up to be seated, afterwards pursuing a similar course with those in the negative. If the Chairman is in serious doubt himself, as to the preponderance of voices, he may announce to the meeting that " it is impossible for the Chair to decide," and then request the members to divide, as above. 9. But in most of our Town and Ward meetings it is now the usual custom to have the resolutions prepared beforehand, and this is decidedly the better plan. In this case, and when the appointment of a committee is not desired, the gentleman who may be charged with the duty of offering them, will rise and submit them immediately after the Chairman announces that " the meeting is organized, and ready to proceed to business." 10. The resolutions, of course, constitute the real business of a meeting, although very 20 TOWN AND WARD MEETINGS. many political meetings are called on the eve of every important election, not so much to do business, as to hear the remarks of distinguished speakers. And in many in- stances, the meeting is no sooner organized than great clamor and confusion ensue, by calling for this or that individual to address the meeting. In most cases, however, it is better to have the resolutions presented be- fore the speaking commences, for if they be kept back until late, they are often passed in *a very hurried manner, without being proper- ly digested. In meetings not of a political character, the resolutions, which are usually introduced with some remarks by the gen- tleman who presents them, often elicit much interesting discussion, so as to be kept be- fore the meeting during the whole session.* 11. When a resolution before the meet- ing contains a blank, that should be filled before the question is taken on the resolu- tion. To fill up a blank is precisely the same as to make an amendment, excepting that when several suggestions are made as * At political meetings it is usual for the Chairman to announce the speakers, particularly strangers, as they pre- sent themselves to the audience. TOWN AND WARD MEETINGS. 21 to number and time, it is usual to take the question, first on the highest number, the largest sum and the longest time.* 12. When resolutions are prefaced by a preamble, the question is not taken on the preamble, until the resolutions are disposed of. Should all the resolutions be negatived, the preamble falls to the ground, and is not acted upon at all. 13. In the progress of a meeting, when a speaker has concluded, and a resolution is pending, it is usual for the Chairman to say, " the question is upon the resolution is the meeting ready for the question ?" This will either bring up another speaker, or a call for the "question." In the latter case, the Chairman, unless interrupted by some one rising to speak, will proceed to take the sense of the meeting on the resolution. In public meetings of citizens it is not usual to force a question until all have spoken who desire to speak. To call for the " question," while any one is speaking, is usually con- * This is the Legislative as well as Congressional rule on this subject. In Parliament, the question is taken first on the smallest number, and longest time. 22 TOWN AND WARD MEETINGS. sidered an act of great rudeness, but this course is sometimes adopted, by a wearied audience, to get rid of an uninteresting speaker. 14. Sometimes the resolutions submitted by a gentleman, or a committee, are not sat- isfactory, and require modification and a careful revision. If the matter cannot be reached by amendment, it is entirely in or- der to refer them to a committee, or to re- commit with instructions. A resolution, how- ever, may be withdrawn by the mover previous to amendment. After amendment, it belongs to the meeting. 15. As soon as the resolution is adopted, and so announced, the Chairman, if no other business immediately offers, should say, " There is no business before the meeting." This opens an opportunity to those present, to introduce fresh propositions for the con- sideration of the meeting. 16. In other than political meetings it is not customary to allow a speaker to occupy the floor, unless he rises to speak on a reso- lution already offered, or prefaces his re- marks by stating that he intends to offer TOWN AND WARD MEETINGS. 23 one. Much greater latitude in this matter is usually allowed in a Town meeting than would be tolerated in a well regulated So- ciety. It not unfrequently happens that gentlemen are really desirous of reaching a certain point, but are much at a loss as to the proper mode. In such cases a desultory debate, if permitted, will often elicit an idea that will serve as a starting point, and re- lieve the meeting from its embarrassment. 17. When the announcement of " no business," by the Chairman, elicits no fur- ther resolutions or motions, it is usual to provide for the publication of the proceed- ings and then to adjourn. 18. A motion to adjourn, or a motion to adjourn sine die, must be decided without debate. A motion to adjourn to a certain time, is debatable, and may be amended as regards the time named.* * The form of a resolution to adjourn to a day certain, is as follows : " Resolved, that when this meeting adjourns, it will adjourn to meet again, on ," naming the time and place. When this is considered and agreed to, it is usually followed by the simple motion to adjourn, which, having oeen put and carried, the Chairman will declare that " the meeting stands adjourned until ," naming the time. 4 24 RELIGIOUS PUBLIC MEETINGS. t RELIGIOUS PUBLIC MEETINGS. In public meetings or anniversaries of a religious or a benevolent character, the cus- tom in regard to resolutions is essentially different from that laid down in the forego- ing. In these meetings it is usual, immedi- ately after the organization is effected, to present a report of the past year's proceed- ings, which is read by the Secretary, or the chairman of the Executive Board. After this the resolutions are brought forward singly, by different gentlemen present. A gentleman will rise, address the Chair, offer his resolution, and proceed with his remarks. When he has concluded, an- other speaker will rise and say, " Mr. Presi- dent, I second the resolution just offered," and then go on with his address. On the con- clusion of his remarks, the President will say, " The following resolution has been moved and seconded, it will be read by the Secre- tary," and being so read, the Chairman, finding the meeting prepared for a vote, pro- ceeds to put the question. This course is pur- sued with all the principal resolutions offered. RELIGIOUS PUBLIC MEETINGS. 25 This is a beautiful mode of doing busi- ness, and prevails, very generally, at all large anniversary meetings in England, as well as in this country. The plan affords an excellent opportunity for bringing systemati- cally forward, a large number of speakers, and greatly adds to the interest of a meeting. To carry out this design in the most ef- fective manner, it is necessary that all the business proposed to be acted upon, should be arranged some time before the meeting. Those expected to address the meeting, should be furnished, some time in advance, with a copy of the resolution upon which they are desired to speak. It is exceeding- ly improper to defer this matter until the speaker is upon the platform, as without some previous knowledge of the particular point assigned him, he may find himself al- most wholly at a loss, the current of his thoughts having taken another direction. This caution is also necessary in order to prevent two speakers from falling into the same train of argument. Sometimes the committee of arrangement request speakers to prepare resolutions for themselves. 26 COUNTY CONVENTIONS. When these matters are previously ar- ranged, it is customary to have the order of exercises, resolutions, names of speakers, &c., printed on a slip, and distributed among the meeting. COUNTY CONVENTIONS. The organization of these bodies is man- aged, preliminarily, very much the same as that of a Town Meeting, excepting that the first organization is generally temporary. Af- ter this is effected, it is usual to appoint a committee to nominate permanent officers, and another to examine and report on the credentials of the members. In the appoint* ment of these committees, the Chairman will, of course, be particular to name no delegate whose seat is, or likely to be, con- tested. Such an appointment might lead to serious difficulty. The Convention being permanently or- ganized, it may be expedient to appoint a " committee to report what business is pro- per to be brought before the delegates," or "to prepare resolutions for the action of COUNTY CONVENTIONS. 27 the convention." Where, however, the ob- ject of the Convention is especially defined, as in the case of political delegations to nom- inate a ticket, this course is altogether un- necessary, and the members at once proceed to enter upon their duties, in the usual man- ner. In all large bodies of this character, it is very rare that any important business is of- fered unless it comes through the hands of a committee. The general rules of order laid down in this work, will, it is believed, be found amply sufficient in the way of di- rection, to meet any contingency that may arise. When the seat of a delegate is disputed, it is usual, when the matter has been fairly brought before the convention by committee or otherwise, to allow him to be heard, in support of his right. After he has spoken he should immediately withdraw, until his claim is decided, or, if permitted by a vote of the convention to remain, he should take no part whatever in the deliberations or vote, until he is regularly declared a member. In State Conventions it is usual to adopt, 28 CONDUCTING BUSINESS IN A SOCIETY, ETC. as rules of order, those which govern our State Legislature. All the essential features of these rules will be found explained in this work. MODE OF CONDUCTING BUSINESS IN A SOCIETY, BOARD OF MANAGERS, &c. Promptly at the time named in the notice issued for the meeting, the President* should take the chair. The custom of permitting a delay, or allowing " grace," as it is called, is rapidly falling into disuse. No efficient Presiding officer will ever suffer it, unless, indeed, it is rendered unavoidable by the want of a sufficient number to form a quo- rum, but even in this case it is better to pro- ceed with the preliminary steps necessary for an organization. In Town and Ward meetings, a delay of a few minutes, after the arrival of the time appointed, is sometimes * Most Societies have a Vice President, to act in the ab- sence of the President, and who, for the time being, is clothed with the President's authority. In all other cases he has no other privileges than those of any other member. CONDUCTING BUSINESS IN A SOCIETY, ETC. 29 rendered necessary, but it should never be suffered in a well-regulated Society. 1. The President, on taking the chair, will say, " The meeting will please come to order. The Secretary will call the roll." In small bodies, it is not unusual for the President himself to count the members, and if a quorum* be present, to announce the fact, and proceed with business, dispensing with roll call. In other cases, the Secretary having called the roll, reports to the Presi- dent the number present. Should there not be a quorum, proceedings are necessarily suspended. The most general usage is, to wait for half an hour,")" and then, if still de- ficient in the requisite number, to adjourn ; and in this case, unless a special meeting is regularly called in the mean time, the ad- journment will be until the next stated meeting. * If there be no law on the subject, a majority of the whole number of the members is necessary to constitute a quorum. t This delay, however, is longer than should be allowed, in justice to the members who are punctual. In some cor- porations only five minutes are allowed. Perhaps fifteen minutes would be more reasonable. In all cases this matter should be clearly settled by a provision in the by-laws. 30 CONDUCTING BUSINESS IN A SOCIETY, ETC. 2. If a quorum be present, the President will say, " There is a quorum of members present the Secretary will read the min- utes of the last meeting." * 3. The minutes of the previous meeting having been read, the President will say, "The members have heard read the min- utes of the last meeting unless there be ob- jection offered, they will be considered as approved." If no objection be made, after pausing a moment or two, he will add, " the minutes are approved." It is the custom of many presiding offi- cers formally to take the question on the adoption of the minutes, but this is alto- gether unnecessary. The minutes being a fair transcript of the doings of the previous meeting, are supposed to be correct, and if so, must be approved, as a matter of course. It is only in case of error that a motion is necessary, and if any be detected, a mem- ber should rise and move that it be correct - * The absence of the Secretary from the meeting, with his books and papers, does not prevent those who are con- stitutionally assembled from transacting business, although what is done will necessarily be attended with some incon- venience. CONDUCTING BUSINESS IN A SOCIETY, ETC. 31 ed. Any dispute respecting the actual ex- istence of an error, may be settled by a mo- tion. After being corrected, the President will say, " Shall the minutes, as corrected, be approved ?" And if no further objec- tions be made, he will declare the minutes approved.* Sometimes gentlemen who are dissatisfied with some action of the previous meeting, will move to amend by striking out the ob- jectionable passages from the minutes, but all such motions are out of order. No motion to amend the minutes can be received, unless * With a good Secretary, errors in the minutes will rare- ly occur. Sometimes, however, on a press of motions, and the hurry of business, they are unavoidable. When clearly apparent, no Secretary should hesitate for a moment about yielding to the correction, even though at the expense of de- facing his Record book. Accuracy in these matters is of the highest importance. In some Societies it is the custom to have the minutes read, just previous to the adjournment of the meeting at which they are taken. The object is, that if any mistake has been recorded, it may be corrected while the matter is fresh in the minds of the members, and before the minutes are recorded on the Secretary's book. This is a very excel- lent custom. When a Society has more than one Secretary, the first named is usually the acting officer. 32 CONDUCTING BUSINESS IN A SOCIETY, ETC. it have reference to the correction of an er- ror in the minutes as recorded and read. 4. The President will then say, "the first* business in order is to receive letters, petitions, or communications have gentle- men any to present ?" Any member having a communication to offer, will then rise in his place, and say, " Mr. President," and then pause until he secures the attention of the Presiding officer, who will say, as soon as he perceives the member on his feet, " Mr. ," naming him.f This secures the gentleman the floor, and he should then pro- ceed : " I have been requested to present a communication, relating to, &c.," giving a very brief and succinct statement of its char- acter, after which he will hand the commu- nication to the President. The Presiding * The order in which business is taken up, varies in dif- ferent institutions. The arrangement here offered prevails in very many societies and institutions, and for various rea- sons is believed to be the most convenient. t In Congress and in our State Legislature, the Speaker, instead of naming the gentleman on the floor, says, "the member from " naming the state or county he represents. This plan may be pursued in all other bodies where the members appear in the capacity of representa- tives. CONDUCTING BUSINESS IN A SOCIETY, ETC. 33 officer, on receiving the paper, should say : " A communication is presented relating to, &c.," repeating its character. "It will be read," and then hand it to the Secretary. The reading of communications is a matter of business never objected to by members, unless they have reason to believe it disre- spectful in its language or character ; but such communications should never be pre- sented, and it is unquestionably the duty of a member to guard himself and his associates on this point, by knowing some- thing of the character of the paper he offers. The communication having been read, the President asks, " What order shall be taken on this communication ?" A motion from some member then becomes necessary. If the matter is one that requires deliberation, it may be referred to a committee, or post- poned for the present, to be taken up in a subsequent part of the meeting for dis- cussion. In this case, some member will rise and say, " I move that it be postponed for the present," which motion being 34 CONDUCTING BUSINESS IN A SOCIETY, ETC. seconded,* the President says, " It is moved and seconded that the communication be postponed for the present as many as are in favor of that motion will please say 4 aye,' those of the contrary opinion will please say ' no.' " If the President thinks, from the sound of the voices, that the ayes are in a majority, he will say " the ayes appear to have it," and then pause for a moment or two, to give any who doubts, the privi- lege of calling for a division, or for the yeas and nays.f If no one objects, he will proceed ; u the ayes have it the motion is agreed to." This is the ordinary mode of putting all questions, although in many cases, where the expression of opinion is pretty much all on one side of the question, the President * In small bodies it is not usual for the President to wait for a seconder, it being understood that he seconds all mo- tions and resolutions himself. Such also is the usage in the Select Council of this city. The President, however, is not obliged, unless he sees proper so to do, to take any notice of a motion unless it be seconded. t A division may be taken on the call of one member, but to take the yeas and nays, requires that the call be sec onded, or made by two members. In Congress, the yeas and nays are not called unless the motion is seconded by one- fifth of the members present. CONDUCTING BUSINESS IN A SOCIETY, ETC. 35 instead of saying, " the ayes appear to have it," will say, " the ayes have it." A division may be called for by any one member any time before the final result is declared by the President. In that case he will say : " A division is called for gen- tlemen in favor of the motion will please rise and remain standing until they are counted." He will then direct the Secre- tary to count the number standing, and when that is ascertained and reported to him, (or he may count them himself,) request those up to take their seats, and pursue a similar course with those in the negative on the question. Whenever possible, it is undoubtedly the best course to make a final disposition of all communications at once, in order to prevent business from accumulating too rapidly on the table. When the President has communications himself to present, it is usual for him to an- noirnra thp.m after frp. has received those a from the members^ 5. The President will then say, "The next business in order is reports from Stand- ing Committees has the Committee on 5 36 CONDUCTING BUSINESS IN A SOCIETY, ETC. ," naming the first committee on the list, "any report to offer?" The Chair- man of that committee, or in his absence, one of the members, will then rise and say : " Mr. President, the Committee on have instructed me to make the following report," handing it to the President. The President, on receiving it, should say : " a report is received from the Committee on . The report will be read." All reports should terminate with a reso- lution. This is the unvarying custom in Legislative bodies, and in all Societies and institutions of the higher class. If the re- port merely embraces matter for the infor- mation of the Society, and requires no spe- cial action, the resolution may be as fol- lows : "Resolved That the committee be dis- charged from the further consideration of the subject." The report having been read, the Presi- dent will say : " What order will the meet- ing take on the resolution attached to the re- port?" Some member may then move that it be adopted, or that it be postponed for the CONDUCTING BUSINESS IN A SOCIETY, ETC. 37 present, and the resolution is thus brought up for the immediate action of the members. In some Societies, after a report has been read, it is usual to make a motion to accept or adopt it, but this is altogether unneces- sary, unless the reception of the report is objected to. It is the recommendations of the committee, as embraced in their resolu- tions, rather than the report itself, that are the proper subjects for the action of the meeting. The report, however, if objec- tionable or unsatisfactory, may be recommit- ed, by a motion to that effect, with or with- out instruction, or, on leave given, before ac- tion has been had upon it, it may be with- drawn by the committee. It has long been a subject of inquiry whether or not a meeting possesses the right to amend a report. General usage is unquestionably against the measure. After a close examination of the decisions in our State Legislature, I have been enabled to find but one instance in which it was exercised. Mr. Sutherland, however, is clearly of opinion that the House have as much right to amend a report, as a resolu- 38 CONDUCTING BUSINESS IN A SOCIETY, ETC. tion or a bill. Mr. Gushing also adopts this opinion. A more courteous plan, doubtless, is to recommit with instructions. If the Committee have no report to offer, the chairman should say : " Mr. President, the Committee on have no report to make at this time," which announcement the President should repeat, and then pass to the committee next in order. Should a committee not be unanimous in opinion, and those in the minority be desir- ous of placing their views before the meet- ing, the matter should be introduced imme- diately after the majority report has been read. A member will then move that " the report and resolution thereto attached be postponed for the present, for the purpose of enabling the minority to present their re- port." If this motion prevails, as is almost always the case, the minority report will be immediately presented, received and read. It is then in order, on motion, to take up for consideration the resolution attached to either of the reports. If the minority are not prepared to report, a motion may be made to postpone the ma- CONDUCTING BUSINESS IN A SOCIETY, ETC. 39 jority report until the next meeting, in or- der to enable the minority to get their report ready.* 6. When all the Standing Committees have been called over, the President will call for reports from Special Committees, which will be disposed of in like manner. If a Special Committee, previously instructed to report at a specified day, have not been able to complete their labors, the chairman should say, "Mr. President, the Special Committee on , not having had suffi- cient time to complete their investigations, report progress, and ask to be continued*" This should be repeated by the President, who will ask, " Shall the Committee be continued?" If no objection be made, he will add, " The Committee will be con- tinued." When a Special Committee desires to be discharged without making a written report, the chairman, when that committee is called * Mr. Onslow, at one time speaker of the House of Com- mons, justly remarked, that a check on the actions of the majority, and protection to the minority against the at- tempts of power, can only be secured by close attention to the rules of proceeding. 5* 40 CONDUCTING BUSINESS IN A SOCIETY, ETC. upon, should state the reasons verbally, and then move for its discharge himself. It is not usual to record upon the minutes, at length, the reports of committees. Such a course, in some Societies, would involve the Secretary in an immense amount of la- bor. The most general usage is simply to state that " the Committee on , through Mr. , chairman, made a report, ac- companied with the following resolution," and then to insert the resolution, and the ac- tion of the meeting upon it. All reports and documents should be folded up neatly, en- dorsed with their character, date of pre- sentation, and filed among the Secretary's papers. In some cases, however, a report may embrace very important matters, which the members may desire to have immedi- ately before them. All such should, by a motion, be directed to be entered upon the minutes. 7. The reports of committees being all received, the President will call for the Trea- surer's report, which, if presented, he will direct the Secretary to read. In some So- cieties which meet monthly, the Treasurer's CONDUCTING BUSINESS IN A SOCIETY, ETC. 41 report is made quarterly or semi-annually. The President should be careful to remem- ber the proper time, so that if the Treasurer has been neglectful, he may be reminded of his duty. When the report has been read, the Pres- ident, without a motion, will direct it to be handed to the auditors, entered on the min- utes, filed, or otherwise disposed of, as the by-laws may direct. Too much attention cannot be paid to the financial affairs of a Society, and every Trea- surer should be a careful, prompt, and sys- tematic business man. Frequent reports from this officer, so that the members may be kept constantly advised of the state of the Treasury, are not only desirable, but almost essential to the prosperity of any in- stitution, no matter what its character. 8. The next order to be announced by the President, is " to take up unfinished business," which includes all resolutions left under consideration, and all reports and com- munications " postponed for the present," or not finally disposed of at previous meetings. If the previous meeting adjourned while debat- 42 CONDUCTING BUSINESS IN A SOCIETY, ETC. ing a resolution, the President should de- clare that resolution to be first in order. The member speaking at the adjournment, if he gave way to a motion to adjourn, is again entitled to the floor, and should be so informed by the President's saying, " Mr. is entitled to the floor." If the previous meeting did not adjourn while debating a resolution, any item of un- finished business may be taken up, on mo- tion. The proper course is for the Secretary to keep a list of all items of unfinished busi- ness, on a slip immediately before him, which he should read over, when this order in the business is reached. The President may then ask, " Is it the pleasure of the meeting to take up for consideration the first item ?" and if no objection be made, he will declare it to be before the members. If it is deemed preferable first to consider some other item, it is necessary to make a motion to postpone the first item, for the purpose of proceeding to the consideration of another, which may be named. 9. Unfinished business having been gone CONDUCTING BUSINESS IN A SOCIETY, ETC. 43 through with, or continued over, the Presi- dent will say, u New business is now in or- der." This is the proper time for offering original resolutions, for moving for the ap- pointment of committees, or increasing the number of members on any already existing, for proposing or electing new members to the Society, and for the transaction of any other business not elsewhere provided for. A member offering a resolution,* will rise and say, " Mr. President, I beg leave to offer the following resolution," which, after reading, he will hand to the Chair. The resolution being seconded, the President will say, " The following resolution has been moved and seconded it will be read by the Secretary," and being so read, he will continue, " the meeting has heard the resolution are gentlemen ready for the ques- tion?" If no one rises to speak, the ques- tion will then be taken at once. * Resolutions are, in this state, almost invariably pre- faced by the word " Resolved." In the Eastern States the term is " Voted? In many religious bodies the initiatory word is " Ordered." Hatsell says :-" When the House com- mands, it is by ' an order.' But facts, principles, their own opinions and purposes, are expressed in the form of resolu- tions." 44 CONDUCTING BUSINESS IN A SOCIETY, ETC. Legislative bodies make a marked dis- tinction between resolutions and motions. The former are presumed to embrace mat- ters of importance, and, after being read by the clerk, require a motion to " proceed to a second reading and consideration." Mo- tions are of minor character, and relate gen- erally to order in taking up business, or to some preparatory movements necessary for business. These do not require a second reading. In Societies all resolutions must be put in writing, at the request of the President, or of any member, but this course is not necessary in regard to motions. Sometimes it is very desirable, at the commencement of a meeting, to change the order of business, in order speedily to reach a particular matter that requires prompt at- tention. This can always be effected by a majority, or by two-thirds, as may be laid down in the by-laws, concurring in opinion as to the expediency. 10. When any cessation occurs in busi- ness, the President should say, " There is no business before the meeting." This will CONDUCTING BUSINESS IN A SOCIETY, ETC. 45 elicit either new business or a motion to ad- journ. A motion to adjourn, is, however, almost always in order. The exceptions are so few, that I shall notice them all in this place. 1. A motion to adjourn cannot be received while a member has the floor. The mem- ber, however, may be asked to give way, in order that the motion may be made, and if he complies, the motion can be re- ceived. 2. A motion to adjourn cannot be re- ceived while the yeas and nays are being called, or the members are voting on any question. 3. A motion to adjourn cannot be received if it immediately follows a similar motion just negatived. If a proposition be made, how- ever, intervening, and any debate ensues up- on it, the motion is in order, even though the proposition be not acted upon or with- drawn. A meeting is not adjourned, until so de- clared by the President. In the Senate of the United States, it is a breach of order for a member to leave his seat, until the ad- 46 ADJOURNED AND SPECIAL MEETINGS. journment is formally announced by the Presiding officer. Although, in passing over the foregoing order of business, I have gone somewhat in- to detail, yet I have noticed no proceedings that are not usual at almost every meeting. Observations on less familiar questions, and decisions on peculiar and interesting points of order, will be found under subsequent heads. ADJOURNED AND SPECIAL MEETINGS. An adjourned meeting is regarded simply as a continuation of a former meeting, and after roll call,* the business should be re- sumed, the same as if no adjournment had taken place. The President should, how- ever, announce the business, and if it be the further consideration of a proposition or re- solution, state it, or direct it to be read. At special meetings, the business for * In some Societies it is the custom to read the minutes of n former meeting, at both adjourned and special meetings. OF THE PRESIDENT. 47 which the meeting was convened, is first in order, after roll call. After that business has been disposed of, any other matter may be taken up, a majority assenting. In all practicable cases the object of a special meeting should be stated in the call, and endorsed on the notice. OF THE PRESIDENT. The office of President is one of much responsibility. No one deficient in the qualifications of industry, application and energy, should accept it. The President is the master moving-spirit, and, by his zeal and efforts, may give animation and vigor to the whole Society, or by his supineness and neglect, thwart the most active exertions of his associates. His duties are of high importance, and should be well understood, and promptly and cheerfully discharged. 1. It is not usually expected of the Presi- dent to serve on committees, but this does not exonerate him from seeing that all the committees are attending to their duties. 6 48 OF THE PRESIDENT. By virtue of his office, he is made, in many Societies, a member of all committees, and may attend their meetings, take part in their deliberations, (without voting, however,) and urge them to action. He should never omit to call over each committee at every stated meeting. 2. The President should see that all the officers attend to their respective duties that financial and other reports are ready to be presented at the proper time that the requisitions of the Charter are complied with and that the Constitution and By- laws are properly enforced, and not allowed to remain a dead letter. 3. He should carefully watch the state of the finances, see that proper efforts are made for the collection of the Society's revenue, from dues, fines, and other sources, and cau- tion the members, when necessary, against imprudence in expenditures. 4. In meetings, he should take the chair punctually at the proper time ; announce all business ; receive and submit all proper mo- tions, petitions, reports and communica- tions ; put the vote as soon as the meeting OF THE PRESIDENT. 49 is ready ; enforce order and decorum in de- bate ; decide promptly all questions of order ; decide promptly who is to speak, when two or more members rise at the same moment ; and be careful to see that all business is brought up in its proper order. 5. He should familiarize himself with decisions on points of order, so as to be able to meet every case likely to arise, and thus avoid the necessity of confessing ignorance, by referring the question to the Society for decision. The influence of a President is soon weakened, if he exhibits embarrassment in matters of this sort. 6. Especially should the President care- fully watch the members in debate. It is his duty to hear every word that is spoken, and every speaker should have his undivided attention. At the first word of personality or impropriety, he should promptly inter- fere, and call the speaker to order. Very often members are permitted to go to great lengths in personalities, before they are checked, and then the individual assailed claims the right to reply, so that crimination and recrimination are sure to follow. This 50 OF THE PRESIDENT. evil should be carefully guarded against, by checking it at its commencement. 7. The President should ever preserve a courteous and conciliating deportment to all, not overlooking the humblest member. In the appointment of committees, he has many opportunities for bringing humble merit into notice, and of testing and making available the capabilities of those around him. He should carefully avoid both petulance and favoritism, act with strict impartiality, and by his deportment throughout, show himself deeply interested in the prosperity of the Society. 8. While the President is thus, in a mea- sure, the director of the Society, he is also its servant. It is his duty to carry out and obey the instructions of the Society ; to au- thenticate by his signature, when neces- sary, its proceedings, and to represent, and stand for the members, whenever and where- ever the Society is required to appear as a unit. 9. In small bodies it is not usual for the President to rise when he is putting a ques- tion ; but in large Societies or meetings, OF THE SECRETARY. 51 while he may read sitting, it is more digni- fied to stand while taking a vote. 10. In all ballotings, and on questions upon which the yeas and nays are taken, the President is required to vote, but his name should be called last. In other cases it is not usual for the President to vote, unless the members be equally divided, or unless his vote, if given to the minority, will make the decision equal and in case of such equal division, the motion is lost. 11. Congressional and Legislative usage gives the presiding officer a right to call a member to the chair, in order that he may take the floor, in debate. The practice, how. ever, is not a matter of very frequent occur- rence, as in these bodies the Speaker has opportunities for giving his views on every bill, in committee of the whole. OF THE SECRETARY. The duties of a Secretary are more me- chanical than those of a President, but they are scarcely less important. The office re- 6* 52 OF THE SECRETARY. quires a ready writer, and a shrewd, spright- ly and intelligent man. A dull, plodding, slow-moving Secretary, is a great drawback upon an efficient President, and a serious hinderance to business. I have known such an association so to distress the presiding officer, as to induce him to undertake, for the time being, the discharge of the duties of both offices at the same time. 1. In this office, system is every thing. The Secretary should come to the meeting with his books and papers in perfect order. Every paper likely to be called for, should be so arranged as to admit of being produced the moment it is wanted. He should keep on a loose sheet, or on a page of his memo- randum book, a list of all the committees in full, so as to be able to call over the names of the members, without the trouble of searching through many pages of his minute book ; and so also, with items of unfinished business, which he should be able to call over in a moment. 2. He should be quick in catching the import of motions, and verbal amendments, and prompt in reducing them to writing, in OF THE SECRETARY. 53 a proper shape for the action of the meeting. Attention to this particular greatly facilitates the progress of business. 3. The Secretary's duties require him to keep a correct account of the members in attendance ; to preserve a faithful record of the doings of the Society ; to read all papers handed him by the president for that pur- pose ; to call and record the yeas and nays, whenever they are required to be called ; and to notify the chairman of each commit- tee of his appointment, giving him a list of his colleagues, and stating the business upon which the committee is to act. 4. He should keep a list of each member's address, and correct it from time to time, in case of change or removal, about which he should occasionally inquire ; and be at- tentive to the issuing of notices of meetings for the members, in seasonable time. 5. The Secretary's minute book should be both a journal and a record of proceed- ings ; although it is not required of that officer to take reports of speeches, or to make records of things merely moved or proposed, and which are subsequently with- 54 OF THE SECRETARY. drawn. Every matter of interest, however, and every proposition upon which a vote has been taken, should be carefully and accurately noted. 6. The Secretary is charged with the custody of many important papers and docu- ments, as well as with the Society's records. These should be carefully guarded, and no paper should be suffered to be taken from his table or his keeping, without a formal vote of the Society. 7. The Secretary should write a legible hand, and understand punctuation, so as to be able properly to punctuate his records. All motions, resolutions, and items of busi- ness, should be in separate paragraphs, that they may be readily discovered and read. Every minute book should have a copious index, or, if this involves too much labor, brief side notes, indicating the subjects in the text, should be placed on every page of the record. 8. The Secretary is not deprived of the privilege of taking part in the deliberations of a meeting, but, as a general rule, it will perhaps be found that he can serve the So- OF THE TREASURER. 55 ciety quite as efficiently by a rigid attention to business, as by occupying much time on the floor. OF THE TREASURER. The duties appertaining to the office of Treasurer, though essentially the same in all institutions, vary, in detail, according to the character and purposes of the Society. In some they will necessarily be more extended and laborious than in others. To avoid dif- ficulty and misunderstanding, every duty expected of this officer should be specifically laid down in the by-laws. 1. The Treasurer should be a man of business habits, accustomed to accounts, punc- tual and correct in his own dealings, and prompt and energetic in attending to the du- ties of his office. The slightest dereliction in this department produces doubt and mis- trust, and is most pernicious to the interests of the institution ; and even a loose and care- less mode of keeping accounts, is often al- most as great a fault as positive dishonesty. 56 OF THE TREASURER. 2. The Treasurer is held responsible for all monies paid to him on account of the Society. He should charge himself, in a book kept for the purpose, with all monies so received, carefully noting the date, and the source whence they are derived. He is also entrusted with the custody of books, important documents and papers, contracts, deeds, mortgages, &c., which he should care- fully preserve, allowing no one to remove them from his possession, without a formal order from the Society. 3. All payments made by the Treasurer, should be under a resolution of the Society, or on a requisition signed by the President and Secretary. These resolutions and re- quisitions, together with his receipts for mo- nies paid, are his vouchers, which he will file among his papers, and hand to the audi- tors, when his accounts are to be examined. The Treasurer should be careful to take re- ceipts for all monies by him paid out, and also to require that the order for the money be endorsed by the person receiving it. 4. The number and form of the Treasur- er's books will depend upon the nature and OF THE TREASURER. 57 extent of his duties. In many Societies it is necessary to open a ledger account with every member ; such is the case in Benefi- cial Societies, where money is paid in regu- larly by each member, at short periods. 5. The duty of collecting in the revenues of the Society usually rests with the Trea- surer, although in many instances he is in- structed to employ a collector for the pur- pose, at a per centum allowance. Sometimes a collecting committee is appointed by the meeting. 6. The Treasurer should strenuously en- deavour to keep his books well posted up, so as to be able to exhibit, at any and every meeting, a succinct account of the state of the treasury. This is often a matter of the highest importance, and the information may frequently materially influence the action of a meeting. 7 As often as the by-laws require, the Treasurer should have his books and papers ready for the examination of the auditors, and when the accounts are gone over, the result should be reported to the Society by the auditors, and entered on the Secretary's 58 OP COMMITTEES. minutes. In many cases the certificate of the auditors is written in the Treasurer's books. From the date of settlement the Treasurer, of course, commences a new ac- count. 8. In many Societies the Treasurer is re- quired to give bond for the faithful perform- ance of his duties. These bonds should be deposited with the President. They should be renewed at every successive election, un- less otherwise ordered by the Society. 9. At the expiration of his term of office, the Treasurer should carefully settle up his books and accounts, and deliver over all the books, papers, documents, funds and other property belonging to the Society, to his suc- cessor in office, without unnecessary delay or hinderance. Neglect or inattention to this duty, under any pretence, is justly regarded as a serious breach of propriety. OF COMMITTEES. It is elsewhere stated that the usual cus- tom is, to make the gentleman upon whose motion a committee is raised, chairman of OF COMMITTEES. 59 that committee. In all Legislative bodies, when standing or special committees are appointed, the individual first named is con- sidered as the chairman, although, according to Parliamentary usage, each committee has a right to elect its own chairman. This right, however, is seldom, if ever, exercised. In some Societies the by-laws provide for the appointment of chairmen of committees in this manner, and in many instances the efficiency of a committee is thereby in- creased. In the Senate of the United States the members elect the standing committees, first balloting for a chairman of each, and after- wards for the balance of the requisite num- ber. In the House of Representatives, com- mittees are sometimes chosen by ballot, and in that case the rule is, that if a sufficient number are not chosen, by a majority of votes, on the first ballot, a second ballot is taken in which a plurality of votes prevail. In case a greater number than is required shall have an equal number of votes, the house proceeds to a further ballot or ballots. In Congress, any member may excuse 7 60 OP COMMITTEES. himself from serving on any committee, at the time of his appointment, if he is then a member of two other committees. The object of committees is to consider some particular subject or subjects ; to gain information ; to digest certain business, and place it in a shape suitable for the action of the Society, or to attend to some details of business in which the whole Society, as a body, cannot conveniently act. Committees are required, by Parliamentary usage, to meet and attend to the matters assigned them with system and regularity, and not by separate consultation, or in a loose and in- definite manner.* Unless otherwise ordered by the Society, the President will appoint all committees. A majority of a committee is necessary to constitute a quorum. In appointing committees, those who take exceptions to some particulars in the matter * Should a committee not make report in due season, on any matter committed to them, they may be instructed to report at a certain time, or they muy, on motion, be dis- charged from the further consideration of the subject, and then the mailer may be taken up in the Society. OF COMMITTEES. 61 proposed to be examined, may be of the committee, but none who speak directly against the whole matter. " For," as Hat- sell justly remarks, " he that would totally destroy will not amend it. The child is not to be put to a nurse who cares not for it." It is therefore a constant rule that no man is to be employed in any matter who has de- clared himself against it. And when any member who is against the bill, hears him- self named, he ought to ask to be excused.* The rules of Parliament allow any mem- ber to be present at the sittings of a select committee, but he cannot vote, and must give place to all the committee, and sit below them. Standing committees are those which con- tinue from year to year ; Special commit- tees are raised from time to time, and are discharged, on motion, when they have made a final report. * This rule, though undoubtedly a good one, is not very closely adhered to, either in Congress or m our State Legis- lature. 62 REPORTS OF COMMITTEES. REPORTS OF COMMITTEES. All reports of committees should be signed by a majority of the members. Reports of committees are of two kinds. 1. They may contain simply a statement of facts, reasoning or opinion, and without re- commending definite action. Such reports usually conclude with a resolution to dis- charge the committee from the further con- sideration of the subject. 2. They may contain an argument on the proposition sub- mitted, and recommend definite action. Such reports will conclude with resolutions, con- densing the main facts or reasoning, and declaring distinct conclusions. In both cases, the resolutions are the proper objects for the action of the meeting, although with reports of the first class, it is not uncommon to adopt them formally, as embracing the views of the whole body. When a report which has been recom- mitted, is reported back to the meeting with amendments, the usual course is to read the amendments, and take the question on them separately. If an entire new draft is substi- REPORTS OF COMMITTEES. 63 tuted, it is customary to accept the new draft as a substitute for the original paper, and read it accordingly. The Secretary may deliver the communi- cations and resolutions referred to a commit- tee, to any member of the committee, but it is usual to deliver them to him who is first named. When a subject is referred to a commit- tee, with particular instructions, the commit- tee, of course, are required to obey the in- structions, and make their report accordingly. In other cases, the committee have full power over the subject committed to their consider- ation, and can make such report as they think proper. From the Journal of the Pennsylvania House of Re- presentatives, March 4, 1843. The House resumed the consideration of the motion to print one thousand copies of the report of the majority, in connection with the report of the minority of the com- mittee, on the subject of preferring articles of impeachment against the Governor of this Commonwealth. And the question recurring " Will the 7* 64 REPORTS OF COMMITTEES. House agree to the motion ?" A motion was made by Mr. Sherwood, to postpone the further consideration of the motion, together with the subject, indefinitely. And on the question " Will the House agree to the mo- tion ?" Mr. James put the question to the chair, " Whether that part of the report which relates to Morrow B. Lowry,' is in order ?" The Speaker decided that the minority of the committee, appointed to examine the subject of the impeachment of David R. Porter, Governor of this Commonwealth, in their report to this House, in alluding to a report made last session by the gentleman from Crawford, calls that gentleman by name, which part of the said report the Speaker decided is not in order, and is un. parliamentary ; and that it is a matter of no difference, whether the gentleman from Crawford was acting in the capacity of a legislator, either during the past or present session. From this decision Mr. Morris and Mr. Hinchman appealed to the House, and on the question, " Is the decision of the Speak- er correct ?" the yeas and nays were re- quired by Mr. Kennedy, of Beaver, and Mr. Sherwood, and were yeas f52, nays 30. So tho question was determined in the affirmative. COMMITTEE OF THE WHOLE. 65 OF A COMMITTEE OF THE WHOLE. Going into a committee of the whole is a matter of almost daily occurrence in all Legislative bodies. The leading advan- tages of so doing are, that the members may speak oftener than twice; that the debate cannot be stopped by the previous question ; and that much labor is saved to the clerk,* who is not obliged to insert the amendments offered in committee upon the journal. The mode is as follows. A motion is made and seconded, " that the Society re- solve itself into a Committee of the Whole, for the purpose of considering the resolution re- lating to ," naming the subject. The Pre- sident puts the question, and if it prevails, he will call some member to the chair, or the members may themselves appoint a Chairman. The President will then vacate the chair, which will be taken by the Chairman who will say, " the Committee of the whole have referred to them the resolution relating to ; it will be read." And after being read * Iu Committee of the Whole, the Secretary of the Socie- ty continues to act as clerk. 66 COMMITTEE OF THE WHOLE. by the Secretary, he will say, " the resolution is before the committee," which announce- ment opens the subject for discussion. The rules and proceedings observed in the Society, are to be observed, as far as practi- cable, in committee of the whole. Neither the yeas and nays, nor the previous question, can, however, be called, nor can an appeal from the decision of the chair be taken the power of the Chairman, on points of order, being absolute. A quorum in committee is the same as a quorum in the Society, and if the Chairman finds, at any time, no quorum present, the committee must immediately rise, and report the fact to the Society. When the lower house of Congress is resolved into committee of the whole, no member is allowed to speak more than once, until every member choosing to speak shall have spoken. This rule does not prevail in the Legislature of this state, where a member may speak as often as he can obtain the floor. When the committee have gone through the resolution or resolutions referred to them, the Chairman will say, " the resolu- tion is gone through ; the committee will COMMITTEE OF THE WHOLE. 67 rise," whereupon the Chairman will leave the chair, and the President resume his seat. The Chairman should then proceed to his seat on the floor, and, addressing the President, say, " The committee of the whole have had under consideration the re- solution relating to , and have instructed me to report the same with certain amend- ments," or " without amendment," or " nega- tived," as the case may be. The President repeats this report, and says : " the resolu- tion is before the meeting. In case the re- solution has been negatived in committee of the whole, he will say : " will the meeting agree to the report of the committee ? " When a committee wish to rise before they have gone through with their business, they can do so upon a motion to that effect being seconded and carried whereupon the Chairman will report " progress, and ask leave to sit again." If leave is granted, the time is named ; and to kill a bill effectually, the members sometimes name a day beyond the session ;* if refused, the effect is to bring * Another way to kill a bill is, to postpone the motion for agreeing to the report of a committee. 68 COMMITTEE OF THE WHOLE. up the resolution at once before the Society. This course is very often pursued in our Le- gislature, when the friends of a bill are confi- dent that they have a majority in its favor. Amendments made in committee of the whole, may be stricken out of the Society, and matters stricken out in committee, may be re-inserted when the subject is under dis- cussion before the meeting. In committee of the whole, the President of the Society has a right to participate in the debate and proceedings, as if he were a private member. The amendments made in committee of the whole are to be incorporated with the re- solution, and so reported. Suppose several resolutions are submitted to the committee of the whole, and the first is negatived. If the others are all dependant on the first, the committee must rise, and report the first resolution negatived. In a committee of the whole in Parlia- ment, when a vote is once passed, it cannot be altered by the committee, their votes being binding on themselves. This rule excludes the motion to reconsider from committee of PRIVILEGED QUESTIONS. 69 the whole. On taking up a bill reported by a committee of the whole, with amendments, the practice in Parliament is, for the clerk to read the amendments only. The Speaker then puts the question on the first amend- ment, and so until the whole are adopted or rejected. When the amendments of the com- mittee are gone through with, other amend- ments may be proposed in the house. OF PRIVILEGED QUESTIONS. As a general rule, the question first moved and seconded, shall be put first. But this rule gives way to what are called privileged questions. The usage in our State Legisla- ture on this subject is, that no business reg- ularly before the house shall be interrupted except by a motion To adjourn, For the previous question, For postponement, For commitment, or For amendment. A motion for postponement precludes com- mitment ; a motion for commitment pre- 70 PKIVILEGED QUESTIONS. eludes amendment, or decision on the original resolution. In Congress, the motion to lie on the table is also a privileged question, and takes pre- cedence of the previous question. The rule is, that when a question is under discussion, no motion shall be received but to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to commit 01 amend, to postpone indefinitely ; which sev- eral motions have precedence in the order in which they are arranged. No motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided in the negative, is again allowed on the same day, and at the same stage in the bill or proposi- tion. A motion to strike out the enacting words of a bill, has precedence of a motion to amend, and, if carried, is considered equivalent to its rejection. The operation of privileged questions is as follows. 1. If a proposition before the meeting is deemed useless or inexpedient, the majority may get rid of it by the pre- vious question, or by indefinite postpone- ment. 2. If the members desire further PRIVILEGED QUESTIONS. 71 time to reflect on a resolution, or have more important matters requiring immediate at- tention, the usual motions are to postpone for the present, or to postpone to a day cer- tain. 3. When a proposition is regarded with favor, but is defective in its details, it may be committed to a committee with in- structions, or if the defects can be reached by amendments, the simple motion to amend is usually resorted to. Besides these motions, which, for the time being, take the place of the main question, incidental questions frequently arise and de- lay a vote on the original proposition. These are questions concerning the presence of an individual not belonging to the meeting, a quarrel between two members, questions of order, motions for the reading of papers, suspending a rule, &c. When these mat- ters are settled, the question interrupted is resumed at the point where it was sus- pended.* * It sometimes happens that questions multiply and as- sume a complicated form. 1, A resolution may be before the meeting, and 2, a motion made to amend. 3, A motion is made to commit. 4, While these motions are pending, a question of order arises in debate, which gives 8 72 OF ADJOURNMENT. OF ADJOURNMENT. The simple motion to adjourn, being a privilege^ question, cannot be amended, and must be decided without debate. A motion to adjourn is not in order, 1. When a member is speaking. 2. When a vote is being taken on any question. 3. A motion to adjourn being negatived, cannot be renewed until some other proposition is made, or other business transacted. Hatseli says : " A motion to adjourn, simply, cannot be amended, as by adding to a particular day, but must be put simply, that the House do now adjourn ; and if car- ried in the affirmative, it is adjourned to the next sitting day, unless it has previously agreed upon a resolution that at its rising it will adjourn to a particular day, and then the House is adjourned to that day." occasion, 5, to a question of privilege, and this leads, 6, to a motion to lie on the table. In this state of affairs, Mr. Gushing remarks, that the course of proceeding in the Mass- achusetts Legislature, is to put the motion to lie on the table first; if this is negatived, the question of privilege is then settled; after that comes the question of order; then the question of commitment ; if that is negatived, the question of amendment is taken, and lastly the main question. OF ADJOURNMENT. 73 A motion to adjourn to a day certain is debatable, and may be amended as regards the day named. If a question is put for adjournment, it is no adjournment until the President announces it, and from courtesy and respect, no member should leave his place until the adjournment is formally an- nounced. It is entirely in order, according to Par- ^iamentary usage, when desirous of suspending business, to adjourn for a short time, and then resume business, on a simple motion. Should a motion to adjourn be made and carried, during the consideration of a resolu- tion or proposition, and before any vote is taken, the subject before the Society is there- by removed, and it will not stand before the next stated meeting, as a matter of course, as the first business of the meeting, but its place will be among the unfinished business, of which it will be the first in order. From the Journal of the U, S. House of Representa- tives, May 22, 1834. A motion was made by Mr. Clayton, that the House do adjourn, and the question being put, it was decided in the negative. 7 74 OF ADJOURNMENT. A motion was then made by Mr. Miller, that the further consideration of the subject matter before the House be postponed until Tuesday, the 27th inst. And after debate thereon, and the yeas and nays being de- manded, Mr. Miller withdrew the said mo- tion. And thereupon moved that the said report do lie on the table. And the yeas and nays being again demanded on the ques- tion, Mr. Miller also withdrew that motion. Whereupon, it being half past 4, P. M., Mr. McKinley moved that the House do adjourn ; when an inquiry was made of the chair whether that motion was in order, as no ques- tion had been put or decided since the House had voted on a motion to adjourn. The speaker decided that the motion was in order, and would be entertained, debate having taken place on a motion to postpone, subsequent to the decision of the question on the motion made by Mr. Clayton to adjourn ; in which decision the House acquiesced. And the question was then put, " Will the House adjourn ?" and passed in the affirm- ative. From the Journal of the Pennsylvania House of Representatives, Feb. 11, 1843. A motion was made by Mr. James, that the House do adjourn ; and on the question " Will the House agree to the motion ?" the OF ADJOURNMENT. 75 yeas and nays were required by Mr. Lowry and Mr. James, and were as follows : yeas 13 nays 71. So the question was deter- mined in the negative. A motion was then made by Mr. Good- win that the House adjourn ; and on the question " Will the House agree to the mo- tion ?" the yeas and nays were required by Mr. Goodwin and Mr. Elwell, and were as follows : yeas 19 nays 61, so the question was determined in the negative. A motion was then made by Mr. James that the House do adjourn. The Speaker refused to entertain the motion to adjourn there having been two consecutive motions to adjourn, and no business of the House in- tervening, nor had any other business inter- vened at the time the motion was made. In this case the Speaker was clearly wrong in entertaining the second motion to adjourn, such a course being directly contrary to Par- liamentary and Congressional usage, as well as against the ordinary practice in all State Legislatures. If, however, there is no busi- ness which can be called up, as is the case sometimes in the commencement of a ses- sion, two consecutive motions to adjourn may be received as a matter of convenience. 8* 76 MOTION TO LIE ON THE TABLE. OF THE MOTION TO LIE ON THE TABLE. This motion is not recognised in our State Legislature, the equivalent motion being " to postpone for the present." I insert it here, because it is used in Congress, and in the Legislative bodies in the Eastern States, and because its use may sometimes be attended with advantage. The motion to lie on the table is not de- batable, and being a privileged one. cannot be amended. It may sometimes be used in- stead of calling the previous question, and sometimes in place of indefinite postpone- ment. In Congress, this motion has precedence of all motions excepting a motion to adjourn. This is one of the modes of giving a death- blow to a proposition it is a sort of previous question. The subject, it is true, may be brought up again, but this seldom happens, as the same majority that adopts the motion to lie on the table, can prevent the matter from being again brought up. MOTION TO COMMIT. 77 OF THE MOTION TO COMMIT. The motion to commit is sometimes made instead of the motion for indefinite postpone- ment, because by referring a matter to a com- mittee, or if it be a resolution from a commit- tee, by re-committing it, the proposition may be so amended as to preclude the necessity of indefinite postponement. This motion, however, may be amended by substituting another committee for that named ; by enlarging or diminishing the num- ber of the committee, as originally proposed ; or by particular instructions to the committee, requiring the introduction of specified amend- ments. If the motion to commit, or to recommit, as the case may be, is decided affirmatively, the effect is to remove the whole business, for the time being, from before the Society. If decided negatively, the main question which it was proposed to commit, may be postponed or amended, or suppressed by calling the previous question. 7* 78 OF AMENDMENTS. OF AMENDMENTS. The fourth joint rule of the Senate and House of Representatives of this State, de- clares that no motion or proposition, on a subject different from that under considera- tion, shall be admitted under color of an amendment. The same regulation prevails in Congress, and should certainly be adopted in all Societies, although contrary to Parlia- mentary practice. In Parliament, amendments may be made so as totally to alter the nature of the original proposition, and, to get rid of a resolution, the expedient is frequently resorted to of making it bear, by amendments, a sense different from that intended by the movers, so that they vote against it themselves. This practice prevails also in the Legislature of New York, and in that of Massachusetts. When it is moved to amend, by striking 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 before the meeting, then the words proposed to be stricken out, next those to be inserted, OF AMENDMENTS. 79 and lastly the whole passage as it will be when amended. When a resolution is pending, it is entirely in order to move to strike out all after the word Resolved, and insert a phraseology en- tirely different, provided the matter proposed to be inserted relates to the same subject as that proposed to be stricken out. A suggestion to amend may be received as a modification by the mover, even after a resolution has been amended by the mem- bers, provided the modification does not affect the previous amendment. An amendment to an amendment may be moved, but it is not in order to amend an amendment to an amendment, as this would certainly lead to embarrassment. In this case the question is first taken on the amend- ment to the amendment, and afterwards on the amendment, and then on the resolution as amended. In our State Legislature, when a bill has passed second reading, it may be amended on third reading, by unanimous consent. Sometimes, however, it is moved to go into Committee of the Whole, for the purpose of 80 OF AMENDMENTS. general amendment, and if this motion pre- vails, the whole matter is open to amend ment. If the House, however, go into com- mittee of the whole for a special purpose, that of striking out or amending a particular section, the moment that is done, the com- mittee must rise. If it be desirable to amend a resolution, after it has finally passed, it may be done if the proposition be sanctioned by the unani- mous consent of the members, or, if not, by effecting a reconsideration. The general usage in all Legislative bodies, is, that when an amendment is moved, a member who has spoken to the main ques- tion, may speak again to the amendment, and, indeed, on every amendment offered. A motion to amend may be superseded by a motion to postpone to a day certain, so that an amendment and postponement com- peting, the latter is to be put first. A motion to amend may also be superseded by a mo- tion to commit. Parliamentary usage declares that " when it is proposed to amend by inserting a para- graph, or part of one, the friends of the pa- OF AMENDMENTS. 81 ragraph may make it as perfect as they can by amendments, before the question is put on inserting it. If it be received, it cannot be amended afterwards, in the same stage, because the House has, on a vote, agreed to it in that form.* On the same point Mr. Gushing declares : " Whatever is agreed to by the assembly, on a vote, either adopting or rejecting a pro- posed amendment, cannot be afterwards al- tered or amended. Thus, if a proposition consist of A B, and it is moved to insert C ; if the amendment prevail, C cannot be after- wards 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 it out is equivalent to a vote agreeing to it as it stands." In the House of Representatives of this * In like manner, if it is proposed to amend by striking Out a paragraph, the friends of the paragraph are first to make it as perfect as they can by amendments, before the question is put for striking it out. If on the question it be retained, it cannot be amended afterwards : because a vote against striking out is equivalent to a vote agreeing to it in that form. JEFFERSON'S MANUAL. 82 OF AMENDMENTS. State, April 10th, 1846, during the pendency of the first section of the bill granting to the Baltimore and Ohio Rail Road Company the Right of Way to Pittsburg, a motion was made by Mr. McFarland, to amend by add- ing certain words as a proviso. Mr. Kunkle moved to amend the amend- ment by striking out all the words there stated, and inserting other words, which was agreed to. The question recurring on the amendment as amended, it was agreed to, and thus be- came incorporated as part of the section. Mr. Burrel then moved further to amend, by inserting certain words in the paragraph just adopted as Mr. Kunkle's amendment, but the Speaker, (Mr. Patterson, of Arm- strong,) decided the amendment out of order, declaring that under the rule above quoted it was not in the power of the House to amend words formally agreed to. From this decision an appeal was taken by Mr. Burrel and Mr. Edie, which was debated for some time and then withdrawn, so that the decision of the Speaker was con- curred in. The usual forms of amendments, are to strike out certain words, to insert or add certain words, or, to strike out and insert. OF AMENDMENTS. 83 While the amendment is pending, that also is susceptible of amendment, but if the amendment to the amendment is objection- able, the only way of reaching the matter is to vote that down, and then, by another pro- position, endeavour to shape the amendment to the form desired. If it be proposed to amend, by striking out certain words, it may be moved as an amend- ment to this amendment, to strike out a part of the words proposed to be stricken out by the amendment, which is equivalent to re- taining them in the resolution, should the amendment be agreed to. So, if an amendment proposes to strike out certain words, and it be moved as an amendment to the amendment to strike out certain words from among those proposed to be stricken out by the amendment, and the amendment to the amendment should pre- vail, and then the amendment itself be ne- gatived, the effect of the vote is, that the words proposed to be stricken out by the amendment to the amendment, no longer remain as a part of the resolution. In the Pennsylvania House of Represen- 9 84 OF AMENDMENTS. tatives, March 19th, 1846, during the pen- dency of one of the sections of the bill en- titled " An Act to incorporate the Pennsylvania Rail-Road Company," Mr. Magehan moved to amend by striking out the latter half of the section. Mr. Cochran moved to amend the amendment by striking out certain words in that portion of the section proposed to be stricken out by Mr. Magehan, which amend- ment to the amendment was agreed to, and said words were stricken out. The question was then taken on the amend- ment proposed by Mr. Magehan, as amend- ed, and decided in the negative. Whereupon a question of order was raised, whether the words stricken out by the amend- ment to the amendment, offered by Mr. Cochran, were still a part of the section, and the Speaker, (Mr. Patterson, of Armstrong,) decided they were not, and that the section stood before the House with those words stricken out. In this decision the House concurred, without an appeal. An amendment to strike out or to insert, or to strike out and insert certain words, being negatived, cannot be renewed in the same form. If an amendment be proposed and agreed to, to strike out certain words, or to insert OF AMENDMENTS. 85 certain words, it cannot be afterwards moved to insert or to strike out the same words, but it may be moved to strike out or insert the same words in connection with others, provided the proposed striking out or insertion makes a new proposition. From the Journal of the Pennsylvania House of Representatives, Feb. 11, 1843. Pending the consideration of the bill No. 97, entitled " An Act to reduce the number and expenses of the Board of Canal Com- missioners," and during the consideration of an amendment, a motion was made by Mr. Lowry, to amend the amendment, by adding thereto the following words : " The board elected under this act shall not remove any officers appointed by the old board, without good and sufficient cause, a specification of which they shall enter upon the journal of their proceedings. " And the members of the present and future Senate and House of Representatives, shall receive but two dollars per day, for every day actually in the service of the State." On the question, " Will the House agree so to amend?" a division of the question 86 OP AMENDMENTS. was called for by Mr. McDaniel, to end with the word " proceedings." And on the question, " Will the House agree to the first division ?" the yeas and nays were required by Mr. Lowry and Mr. Hahn, and were as follow : yeas 31, nays 60 ; so the question was determined in the negative. And on the question, " Will the House agree to the second division of the amend- ment ?" viz : " And the members of the present and fu- ture Senate and House of Representatives shall receive but two dollars per day, for every day actually in the service of the State," A question arose, whether the said divi- sion of the amendment was in order, under the fourth joint rule of the Senate and House of Representatives. Whereupon the Speaker decided the second division of the said amendment " not in order." From which decision Mr. Lowry appealed, and on the question, " Is the decision of the Speaker correct ?" it was determined in the affirmative. OF DEBATE. 87 OF DEBATE. While the President is putting a question or addressing the meeting,* or while a mem- ber is speaking, none of the members should move from their seats, or entertain private discourse ; nor while a member is speaking should any pass between him and the Presi- dent. If any member, in speaking, transgress the rules of the Society, wander from the subject under discussion, or indulge in per- sonalities, the President should, or any mem- ber may, through the President, call him to order. The member so called to order must immediately cease speaking, unless per* mitted to explain ; the meeting may, if ap* pealed to, decide in the case, but without debate. If there be no appeal, the decision of the President shall be submitted to, and * In regard to the right of a presiding officer to speak, Hatsell says :" But if the Speaker rises to speak, the mem- ber standing up, ought to sit down, that he may be first heard. Nevertheless, though the Speaker may of right speak to matters of order, and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge then he may, with their leave, state the matter of fact. 9* 88 OP DEBATE. if the case requires it, the member so called to order shall be liable to the censure of the meet- ing. A member called to order, if the decision of the President be that he is out of order, loses his right to the floor, unless the consent of the meeting is obtained for him to proceed. No member may speak more than twice to the same question without leave of the meeting. In Congress, a member is allowed to speak but once, until every member wish- ing to speak on the subject, has spoken, when he may speak again. No member, when speaking, shall be in- terrupted, except by a call to order, or by a member to explain,* or by a motion for the previous question. A member who obtains the floor in order to explain, must confine himself to the explanation. If he go into the general merits of the subject, he is out of order. * The practice in the Legislature of New York, and in that of Massachusetts, is different from this rule. Gushing says : "It is sometimes supposed that, because a member has a right to explain himself, he therefore has a right to interrupt another member, whilst speaking, in order to make the explanation. But this is a mistake ; he should wait until the member speaking has finished. And if a member, on being requested, yields the floor for an explanation, he re- linquishes it altogether." OF DEBATE. 89 In Legislative bodies, a member, in debate, is not permitted to refer to another member by name ; but in case of a member trans- gressing the rules of the body, he may be named by the Speaker, and by him only. In Societies, it is usual for a member, when he wishes to refer to another member, to say, the gentleman on his right, or his left, or the gentleman last up, or last but one, or the gentleman who offered the resolution or the amendment, or by using some other simi- lar expression. This is decidedly the pro- per usage. No member, in speaking, should be al- lowed to indulge in language personally offensive to any member, or insulting to the meeting ; nor should he be allowed to ques- tion the motives of a member, or use disre- spectful terms in referring to the proceedings of a former meeting. In Parliamentary prac- tice, the consequences of a measure may be reprobated in strong terms, but to arraign the motives of those who propose or advocate it, is regarded as a personality, and against order. Hatsell says : " No one is to speak impertinently or beside the question, super fluously or tediously." 90 OF DEBATE. In Congress, when a member speaking is called to order by another member, for in- dulging in improper remarks, the exception- able words are required to be taken down in writing, that the Speaker may be better enabled to judge of the matter. After being read, the member is asked if he spoke those words. The words taken down may be amended so as to conform to what the House believe to be the words spoken. No motion is open for debate until it has been stated from the chair. When a member wishes to make a state- ment to the meeting, not involving a motion, he should ask permission of the President who will put the question, " Shall the mem- ber have leave ?" If no objection be made, he will permit the member to proceed. So also when a member has spoken twice, and wishes to speak a third time. According to Parliamentary usage, no member may be present when a bill or any other business, concerning himself, is being debated ; nor is any member allowed to speak to the merits of it, until the member interested withdraws. It is also the practice in Parliament that OF DEBATE. 91 no member can have a paper read, or be allowed to read it himself, without the con- sent of the House. A member has not the right even to read his own speech, committed to writing, without leave.* This is to pre- vent an abuse of time ; and therefore is not refused, but where that is intended. Noisy and disorderly behaviour, coughing or stamping, while a member is speaking, are excessively rude, and should be promptly suppressed by the President. Every member has a right to be heard, while he speaks in order, and to the question, and if the Pre- sident can preserve order in no other way, he should publicly name the offenders. " Never- theless," says Hatsell, " if a member finds that it is not the inclination of the House to hear him, and that, by conversation, or any other noise, they endeavour to drown his voice, it is his most prudent way to submit to the pleasure of the House, and sit down ; for it scarcely ever happens that they are guilty of this piece of ill manners, without a suffi- cient reason, or inattentive to a member who says any thing worth hearing." *This rule I have never known to be enforced here. 92 OF QUESTIONS NOT DEBATABLE. The right to address the House while sitting, is conceded to members who are sick, in Parliament. OF QUESTIONS NOT DEBATABLE. According to Legislative and Parliamenta- ry practice, the motions not debatable are A motion to adjourn. A motion to lie on the table, when a privi- leged motion. A motion for the previous question. A motion to read a paper or document, pending a question. A motion to reconsider. Speakers of Congress have decided, and the decisions have been sustained by the House, that inasmuch as the motion to lie on the table is not debatable, so the motion to reconsider must be taken without debate. 4? All motions to take up particular items of business, or relating to priority of business, must be decided without debate. This is an excellent rule. Without it the whole time of a meeting might be consumed DIVIDING A QUESTION. 93 by gentlemen in endeavouring to get up a particular item of business, to proceed to the consideration of which the majority may be averse. All incidental questions of order, arising after a motion is made for the previous ques- tion, and pending such motion, must be de- cided, whether on appeal or otherwise, with- out debate. DIVIDING A QUESTION. The Legislative rule on this subject is, that any member may call for a division of a question, which shall be divided, if it comprehends questions so distinct, that one being taken away, the rest may stand entire, for the decision of the House. A motion to strike out and insert, are deemed indivisible ; but a motion to strike out being lost, pre- cludes neither amendment, nor a motion to strike out and insert. In Parliament, a question cannot be divided without the consent of the House, and this is doubtless the true rule. Hatsell, an able 94 DIVIDING A QUESTION. writer on Parliamentary precedents, observes " For who is to decide whether a question is complicated or not? where it is compli- cated 1 into how many propositions it may be divided 1 The fact is, that the only mode of separating a complicated question, is by moving amendments to it ; and these must be decided by the House ; unless the House orders it to be divided. * * * Whenever there are several names in a question, they may be divided, and put one by one." Mr. Sutherland favors the views of this author, and remarks that the usage in Con- gress, which is the same as that in our Legis- lature, leads to embarrassment. Cushing's Manual says : " It is sometimes asserted that it is the right of every indivi- dual member to have a complicated question, (provided it is susceptible of division,) di- vided into its several parts, and a question put separately on each, on his mere demand, and without any motion or any vote of the assembly for that purpose. But this is a mistake ; there is no such rule of parlia- mentary proceeding; a complicated question can only be separated by moving amend- OF THE PREVIOUS QUESTION. 95 ments to it in the usual manner, or by mov- ing for a division of it in the manner above stated." As the rule now is, in this state, when a division is called for, the Speaker must decide whether the question is susceptible of division from which decision there may be, of course, an appeal. My own opinion is, that in all cases the Society should order the division, following the practice in Parlia- ment. OF THE PREVIOUS QUESTION. This motion was originally introduced in the House of Commons, in 1604, by Sir Harry Vane, and was designed to sup- press questions which, if discussed, might involve in censure the government, or per- sons high in authority. It has been incor- porated in the rules of the lower house of Congress, and in those of our State Legis- latures, but in this country it is generally used for the purpose of winding up a long debate, or an unprofitable discussion. Some 10 96 OF THE PREVIOUS QUESTION. times, in the midst of high party excitement, it is applied in order to arrest the arguments of political opponents, and when so used it is not unfrequently termed the gag-law. Formerly, in Congress, five members were sufficient to second the motion for the Previous Question, but now a majority of the members present is required. In our State Senate, four members are necessary ; in the House of Representatives, twelve. Every Society should have the number de- termined, (which number will be greater or less according to the strength of the Soci- ety,) and inserted in the by-laws.* When the Previous Question is moved and seconded by the requisite number, all further amendments, and all discussion are precluded at once. The President will rise and say, " The Previous Question has been moved and seconded the question before the meeting is, ' Shall the main question be now put V " And on this question it is * In the absence of any by-law on the subject, one-fifth of the whole number of members present should be required to second the call. The names of those who call, and second the call for, the Previous Question, should be inserted in the minutes. OF THE PREVIOUS QUESTION. 97 usual to take the yeas and nays. If decided in the affirmative, the vote will then be taken on the amendments pending, in their order, and then on the main question.* Formerly the rule in our Legislature was, that when the main question was ordered to be put, all pending amendments were cut off, and this is still the Parliamentary practice. The course now pursued, as laid down above, is a decided improvement over the old usage, and should certainly be adopted in Societies. In the Legislature of New York, as well as in that of Massachusetts, the effect of a negative, is to leave the main question and the pending amendments, under debate, as they were before the Previous Question was moved. On a motion for the Previous Question, no| debate is allowable. All incidental questions | of order, arising after the motion is made, ' must be decided without debate, whether on/ an appeal from the decision of the chair, orj otherwise. The Previous Question having * What the " Main Question" will be, will depend upon circumstances. If a resolution be under debate, with amendments pending, the "main question" will be on the adoption of the resolution. 98 OF POSTPONEMENT. been moved and seconded, cannot be with- drawn, except by consent of the majority, nor can it be superseded by any other mo- tion, excepting a motion to adjourn. OF POSTPONEMENT. Motions to postpone are of two kinds a motion to postpone for the present, and a mo- tion to postpone indefinitely. A motion to postpone " for the present," may be amended, by fixing a definite lime, or it may be amended so as to read indefi- nitely. Where different times are named, the Legislative rule is to put the question on the most distant day first. The motion to postpone indefinitely can- not be amended, nor superseded by a motion to commit, or to amend the original proposi- tion, but must first be decided. If decided affirmatively, the proposition is finally dis- posed of; if negatively, the motion to com- mit, or to amend, may then be received. In the Senate of the United States, when OF MOTIONS TO RECONSIDER. 99 a question is postponed indefinitely, it can- not be acted upon again during the session. The usual effect of this motion, in all Legis- lative bodies, is to make a final disposition of the subject to which it is applied. The same proposition, however, is sometimes re- introduced in a different shape. OF MOTIONS TO RECONSIDER. In Congress, motions to reconsider are in order on the same day, or the day after, the passage of a motion, proposition or bill. In our State Legislature the time is extended to the six following days, exclusive of Sab- bath. In the U. S. Senate, one of the rules is, that " no motion for the reconsideration of any vote, shall be in order after a bill, reso- lution, message, report, amendment, or mo- tion upon which the vote was taken, shall have gone out of the possession of the Senate." In Societies it is not usual to extend the privilege of this motion beyond the next meeting, and this extension is, in some cases, too long. If the matter proposed to be re- 10* 100 OF MOTIONS TO RECONSIDER. considered, has passed from the meeting, the motion to reconsider should not be received. The Senate rule should be applied in all such cases. When the subject is still in pos- session of the Society, it may be allowable to entertain the motion to reconsider at the next meeting after that at which the proposi- tion proposed to be reconsidered was adopted. This matter should, however, be provided for in the by-laws. In all cases the motion to reconsider must be made and seconded by gentlemen who voted in the majority ; or, in case of equal di- vision, by those who voted in the negative. In Congress, it not unfrequently happens, that a member will vote for a proposition to which he is opposed, and which he finds is about to carry, merely for the purpose of mak- ing himself eligible to move a reconsideration, which, if carried, gives him another oppor- tunity of making a thrust at the measure. During the limitation, a motion to recon- sider takes precedence,in Congress,of all mo- tions, excepting the motion to adjourn. The motion to reconsider is sometimes made, and then postponed, and the only way to avoid this OP MOTIONS TO RECONSIDER. 101 inconvenience is to force a vote, by calling and sustaining the previous question.* In Parliament, the motion to reconsider is not allowable. There, a question once car- ried, cannot be questioned again, and stands as the judgment of the House, and a bill once rejected, cannot be brought in again, in the same shape, during the session.t English au- thors remark that various expedients, are re- sorted to, in order to correct the effects of this rule, such as passing an explanatory act, if any thing has been omitted or ill-expressed, or an act to enforce, and make more effectual an act, &c., or an act to rectify mistakes in an act, &c. Or, the session may be closed for one, two, three, or more days, and a new one commenced ; or a part of a subject may be taken up by another bill, in a different manner, so as to change some of its promi- nent features. * In this case, the " main question" will be the motion to reconsider. f Hatsell states that a bill to tax leather being once de- feated in the House of Commons, the same proposition was subsequently renewed with this variation, " that skins and tanned hides should be charged,'' &c. 102 MOTIONS TO RESCIND AND EXPUNGE. OF THE MOTIONS TO RESCIND AND EXPUNGE. The motion to rescind is a very common one in many Societies, and in too many cases is rendered necessary by hasty and ill- advised action. The business of a Society should be so conducted as to render the necessity for its use of rare occurrence. No motion of the kind is employed in Parlia- ment. The corresponding motion in our State Legislature and in Congress, is the motion to repeal, which may be carried by a simple majority. In our State Legislature, to expunge any matter from the Journal, requires the unani- mous vote of all present, as appears by the subjoined precedent. From the Journal of the Pennsylvania House of Re- presentatives, March 21, 1832. A motion was made by Mr. Waugh, that the amendments to the bill No. 458, entitled 41 An Act to authorise the Governor to incor- porate a company for making a turnpike road from the borough of Somerset, in Somerset county, to the canal basin at Johnstown, in OF APPEALS. 103 Cambria county, and to incorporate the Evansburg and Pierpoint turnpike road com- pany," made in the house on second reading yesterday, except those upon which the yeas and nays were required, be expunged from the Journal. The motion being opposed, the Speaker decided that under the constitution of the state, and the uniform practice of this house, the motion could riot prevail without the unani- mous consent of the members present. Whereupon Mr. Waugh appealed from the decision of the Speaker, and on the ques- tion, " Is the Speaker right in his decision ?" it was decided in the affirmative yeas 67, nays 22. OF APPEALS. When a decision is made by the Presi- dent, which the members believe to be contrary to rule, or out of order, any two members may make an appeal, and the question may then be argued. It is not necessary that the President should leave the chair. He may do so, however, if he prefers, and may appoint a Chairman pro tempore, or ihe meeting may appoint. The 104 OP APPEALS. President will g;ive his reasons for the decir sion, but neither he nor any other member is allowed to speak more than once, unless by leave of the meeting. The same rule pre- vails, when a question of order is submitted to the meeting by the President. The member making the appeal, is required, in all cases, to reduce the appeal to writing, which will be stated from the Chair. The appeal, together with the vote upon it, should be entered on the minutes. On an appeal, the question before the meet- ing is, " Shall the decision of the Chair be sustained ?" On putting the question, if the vote be equal, and the President is in the chair, he may give the casting vote sustaining his decision. A precedent for this is found in Congressional proceedings. When two or more members are compet- ing for the floor, and the President gives it to one who was not the first to rise, his de- cision may be appealed from, and overruled by the meeting. In Parliamentary practice any decision of the presiding officer may be made the subject of appeal. In Congress it is in order to move that an OF MINORITIES. 105 appeal from the decision of the Speaker be laid upon the table. OF MINORITIES. The rights of a minority are best protected by a rigid adherence to rule. As it is always in the power of the majority, by their num- bers, to stop any improper measures proposed by their opponents, the only means by which the minority can defend themselves against similar attempts from those in power, are the forms and rules adopted by the Society by a strict adherence to which the weaker party can always be protected from those irregularities and abuses which the wanton- ness of power is but too often apt to sug- gest to large and successful majorities. So remarks Hatsell. The mode of introducing a report from the minority of a committee, is explained on page 38. In the Legislature of this State, it not un- frequently happens that gentlemen who are favorable to the general tenor of a bill, are 106 OF MOTIONS. compelled to vote against it, in consequence of some objectionable amendment having been incorporated with it, during the discussion. In such cases, in order that the constituents of members may know the reasons which in- fluence their votes, it is usual to state these reasons in writing, and the rules allow them to be inserted in the Journal. But when members protest against any action of the House, in the adoption of a re- solution or proposition, the protest cannot be inserted in the Journal without the consent of a majority. When the protest is couched in respectful language, this privilege is never denied, unless in some extraordinary cases. A subsisting order of the Society being ne- glected, any member has the right to insist on its being attended to without delay. OF MOTIONS. It is usual for the President, after a mo- tion has been made, seconded, and stated from the chair, to give the floor to the mover, in preference to others, if he rises to speak. OF MOTIONS. 107 This is no more than proper courtesy, and should always be extended. A motion or resolution may be withdrawn by the mover and seconder, at any time be- fore an amendment or decision. This is the practice in the Legislature of this state, but in that of New York, and the Massachu- setts Assembly, as well as in Parliament, when a motion is moved, seconded, and stated from the chair, it becomes the proper- ty of the House, and cannot be withdrawn without the consent of the members. Our own rule on this subject is certainly the best, for sometimes motions are made which sub- sequent explanations render unnecessary. If the permission to withdraw is not allowed, the mover is mortified by finding himself the author of a motion which will certainly be negatived. A call for adjournment, or for any order in business, by members of the meeting from their seats, is not a motion, but a breach of order. No motion can be made without rising and addressing the chair. In Congress, no motion to postpone to a day certain, to commit, or to postpone in- 11 108 OF MOTIONS. definitely, being decided in the negative, is again allowable on the same day, in the same stage of the proposition or bill. When motions are made in Congress to refer a subject to a standing committee, and to a select committee, the question on refer- ence to the standing committee is first in order. Motions and resolutions must be read by the Secretary, as often as the reading is called for by any member. A motion to take up a particular item of business, if negatived, cannot be renewed be- fore the intervention of other business. In Legislative bodies all business has its regular order, such as original resolutions, bills on first, second and third reading, &c. Frequently, however, bills that are much desired are taken up and disposed of before their regular order is reached. This can sometimes be done, by a bare majority assent- ing, but if any one member calls for the " or- ders of the day," the process is stopped un- less a vote of two-thirds can be obtained in favor of a motion to suspend the rule. When the call for the reading of a paper OF MOTIONS. 109 is objected to, the call may be changed to the form of a motion, and regularly put to the meeting. From the Journal of the U. S. House of Representa- tives, Jan. llth, 1837. A motion was made by Mr. Mann, of New York, that the House do proceed to the orders of the day ; when Mr. Bell rose to a question of order, which he stated to be, that a motion to proceed to the orders of the day, having been once made and decided in the negative, could not be again made the same day, and at the same stage of proceeding. The Speaker decided that the House hav- ing on motion once refused to proceed to the orders of the day, did not, after further de- bate, and at a different period of the day, preclude another motion from being made to proceed to the orders of the day. From this decision Mr. Bell took an appeal to the House, which he subsequently withdrew, and the decision therefore stood as the judg- ment of the House. From the Journal of the Pennsylvania House of Representatives, April llth, 1841. A motion was made by Mr. Johnston, of Armstrong, that the House proceed to the consideration of the amendments made by 110 OF QUESTIONS OF ORDER. the Senate to the bill No. 48, entitled " An Act to repeal certain acts in relation to the Phila- delphia and Trenton Rail-Road Company." Whereupon the Speaker submitted to the House for decision whether the motion could be entertained, inasmuch as the House had previously, on the same day, refused to con- sider said amendments, although other busi- ness had intervened. And on the question " Is the motion in order?" it was decided in the affirmative, yeas 45, nays 35. OF QUESTIONS OF ORDER. On questions of order no debate is allow- able, excepting on an appeal from the deci- sion of the President, or on a reference of a question by him to the meeting, when no member shall speak more than once, unless by consent of the meeting. All decisions on questions of order should be noticed in the minutes. The President is required to decide all questions of order, unless he prefers to submit the matter to the meeting.* * Should it be alleged, after a question has been put to vote, and the decision announced, that the question was not understood, the President may withdraw the decision, and put the question again. OF A QUORUM. Ill In Parliament, it is a breach of order for the Speaker to refuse to put a question which is in order. OF A QUORUM. In our State Legislature and in Congress, a majority of the whole number of members is necessary to form a quorum, but a smaller number may adjourn from day to day. In the British House of Commons, forty mem- bers are sufficient to do business. Societies should always state in their by-laws, the number necessary to constitute a quorum. When, from counting the meeting, on a, division, it appears that there is not a quo- rum present, there is no decision, but the matter in question continues in the same state in which it was before the division ; and when afterwards resumed, it must be taken up at the precise point. When the President, from any cause,* * The by-laws of Societies usually provide that no mem- ber shall leave the meeting without permission of the Pre- sident, and in many cases fines are imposed for a violation of the rule. Provision on this subject is necessary, in order to prevent a meeting from being left without a quorum. 11* 112 OF THE YEAS A1VD NAYS. finds there is not a quorum present, business must be immediately suspended, and if a quorum is not speedily obtained, those pre- sent may adjourn. OF THE YEAS AND NAYS. In announcing that the yeas and nays are ordered to be taken, the President should say ; " The yeas and nays are required by Mr. , and Mr. . The Secretary will call the names of the members." When the roll has been gone through, the Secretary should read over first the names of those who have answered in the affirma- tive, and then the names of those who have answered in the negative, in order that if he has made any mistake, it may be corrected at once, and before the result is declared by the President. Every member is bound to vote, unless excused, or unless he is immediately and particularly interested in the question at OP THE YEAS AND NAYS. 113 issue. Any member wishing to be excused from voting, may make a brief verbal state- ment of his reasons, and the question must then be taken without further debate. This is the usage in Congress. After the yeas and nays have been ordered to be called, and any one member has an- swered and voted, all further debate is ex- cluded. It is not allowable for any member to change his vote, after the yeas and nays have been called, unless he avers that he voted in mistake. No member can be per- mitted to vote after the decision has been announced from the chair. If any question arises on a point of order, during a division, or while the yeas and nays are being called, for example, as to the right or the duty of a member to vote, the presid- ing officer must decide it peremptorily. In a case of this kind there can be no debate. The name of the President should always be called "last.* When the result of the vote is ascertained by the Secretary, the Presi- * In our State Legislature the names of the members are called in alphabetical order, excepting that of the Speaker, which is placed at the tail of the list. 114 OF THE ELECTION OF OFFICERS. dent will say ; "On agreeing to the motion the yeas are so many, (naming the number) the nays are so many it is agreed to, or not agreed to," as the case may be. In the Legislative bodies of most of the New England States, the votes of the mem- bers are given by the members holding up their right hands those in the affirmative vote first, and then those in the negative. This is also the usage in some religious bodies. In Parliament every member is required to give his vote one way or the other. It is not permitted to any one to withdraw, who is in the house when the question is put, nor is any one to be counted in the division who was not in when the question was put. OF THE ELECTION OF OFFICERS. In Societies where an annual or semi- annual election for officers is held, it is usual to provide in the by-laws that the old officers shall retain their places, until the new ones are regularly chosen. The proper course of proceeding is for the President to announce, OF THE ELECTION OF OFFICERS. 115 at the proper time, that the election for offi- cers is the next business in order. Some member will then move that tellers be ap- pointed to conduct the election. When the result is declared by the tellers, the President should repeat the statement, and request the newly elected officers to take their appro- priate seats. If re-elected himself, he should make his acknowledgements, and then pro- ceed with the regular business. In Boards of Managers, at the meeting to organize, it is usual to call some gentleman to the chair, for a temporary organization, whom it is not designed to elect as President. When tellers are appointed to count the votes, in an election by ballot,* they should, while counting off, read the votes aloud, so that all who desire may hear and count for themselves. In choosing officers, a majority of the whole number of votes is necessary to effect an election. In all cases where other than members of the House are eligible to office, it is usual in the S,tate Legislature, to make a previous nomination. * In Congress, blank ballots are rejected, and not taken into the count, in the enumeration of votes 116 ON THE ADOPTION OF RULES. ON THE ADOPTION OF RULES OR BY-LAWS. In our State Legislature, rules for the government of each body are adopted at the commencement of the session. On the day of meeting it is usual to adopt the old rules, for the present, and then to appoint a com- mittee to prepare rules, which committee gene- rally reports in three or four days. The same course may be pursued, with great propriety, in Executive Boards, or Boards of Managers, chosen annually by the mem- bers of a Society, by contributors or sub- scribers. Or, if the old by-laws are entirely satisfactory, they may be adopted by a vote and the appointment of a committee dis- pensed with. When the by-laws or rules are before the meeting for its action, a ma- jority is sufficient to make an alteration or amendment, but when they have been form- ally adopted, and are in operation, it usually requires a vote of two-thirds to effect a change or procure a suspension. The joint rules of our State Senate and House of Representatives are adopted by a ON PUNISHING DISORDERLY MEMBERS. Ill majority vote, but they cannot be altered or suspended without a vote of two-thirds. Societies may or may not renew their by- laws at each annual meeting. The general custom in regular bodies, is, however, to continue them in force without a formal vote. Provision for altering or amending the constitution and by-laws, and for the tem- porary suspension of a by-law, should be incorporated in the rules of all Societies, Boards of Managers, &c. ON PUNISHING DISORDERLY MEMBERS. The rules of our State Legislature make no provision for punishing disorderly mem- bers, but usage has fully established the right. Disorderly or quarrelsome conduct in the House, contempt of the authority of ttie House, or improper conduct in debate, are punishable offences in the Legislature, as well as in Congress and the British Par- liament. The usual punishments are, the exaction of an apology, a public reprimand, or expul- 118 ON PUNISHING DISORDERLY MEMBERS. sion. In the latter case a vote of two-thirds is required. Societies generally make provision for this matter in their by-laws. From the Journal of the Pennsylvania House of Representatives, April 9, 1840. A motion was made by Mr. Wilcox and Mr. Park, that the House reconsider the vote on the 7th inst., on adopting a resolu- tion to expel Thomas B. M ' Elwee, a mem- ber from Bedford county, from his seat in the House. [Mr. M'E. had been expelled for spitting in the face of a member, on the floor of the House.] When Mr. Watts, of Erie, objected to the reception of the motion, alleging that the subject matter was no longer in the power of the House. Whereupon the Speaker submitted to the House for its decision, the question whether the motion to reconsider the said vote is in order, and stated the fol- lowing facts, viz : " On the 7th inst., the House of Repre- sentatives adopted a resolution by the con- stitutional majority, [two-thirds] to expel from his seat in this House, Thomas B. M'Elwee, a member from Bedford county; whereupon, the Speaker then announced that Thomas BRITISH LEGISLATION. 119 B. M'Elwee, a representative from Bedford county, was expelled from this House, and his seat declared vacated." And on the question, " Is the motion to reconsider in order ?" it was decided in the affirmative, yeas 46, nays 36. PECULIARITIES OF PARLIAMENTARY LEGISLATION. In Parliament, the bills are engrossed on one or more long rolls of parchment, sewed together. When a bill is amended on third reading, if a new clause is added, it is done by tacking a separate piece of parchment on the bill, which is called a rider. In the House of Commons, the members vote " aye " or " no." In the House of Peers, they answer " content," or " not con- tent." The king's answer to the bills presented to him for his approbation, is announced to the House by the clerk in Norman-French. If the king consents to a public bill, the clerk says Le roy le veut (the king wills it so 12 120 BRITISH LEGISLATION. to be ;) if to a private bill, Soit fait comme il est desire', (be it as it is desired.) If the king refuses his consent, it is in the gentle language of Le roy s'avisera, (the king will advise upon it.) The title Speaker, is given to the presiding officer of the House of Commons, because he alone has the right to speak to, or address the king, in the name and in behalf of the House. His salary and perquisites amount to about 8000 per annum. When the House of Commons divides, in order to take a vote, one party goes out, and the other remains in the room. This has made it important which go forth first and which remain, because the latter secure the votes of all the indolent, the indifferent, and the inattentive. Their general rule, therefore, is that those who give their vote for the pre- servation of the orders of the House, stay in. The one party being gone forth, the Speaker names two tellers from the affirmative, and two from the negative side, who first count those sitting in the House, and report the number to the Speaker. They then place themselves within the door, two on each FRENCH LEGISLATION. 121- side, and count those who went forth, as they come in, and report the number to the Speaker. PECULIARITIES OF FRENCH LEGISLA- TION. The French Chamber of Deputies have a full system of rules, embracing ninety-four articles, which, in their leading features, are the same with the English and American. Some of the peculiarities are, that for pre- liminary investigations, the whole Chamber is divided, by lot, into nine committees, of which the chairmen in every case form a committee of nine members, (a committee of chairmen,) which appoints one of its num- ber to make report to the Chamber. Private petitions are either wholly reject- ed, or delivered to the ministers for consid- eration. Motions must be put in writing, read, and a day fixed for discussion. All who wish to speak, give in their names to the clerk, and the speakers are heard in turn. The 11 122 FRENCH LEGISLATION. members do not speak in their places, but from a sort of pulpit in front of the Presi- dent's desk, but below it. No deputy can speak twice on the same subject. Most of the speeches are read. The Chamber commonly votes by the members on one side of a question rising, and the others remaining seated, and the secretary decides on which side is the ma- jority. But on the passage of laws, the main vote is always taken by balls, in which all the members are called by name ; every one receives a black and a white ball, and votes by casting one of them in an urn. The Chamber of Peers, on the contrary, votes by written yeas and nays. The President keeps order by ringing a bell, and when the members get too disor- derly, he puts on his hat. which act adjourns the Chamber for the time being. INDEX. ADJOURNMENT, sine die, motion for, not debatable, 23 motion for, to a day certain, may be amended,. . .23, 73 when motion for, is not in order, 45, 72 not effected, until announced by the President,.... 45 simple motion for, cannot be amended, 72 when mouon for, if negatived, may be renewed,.. 72 ADJOURNED MEETINGS, how considered, 46 duty of the President in opening, 46 AMENDMENTS, rule respecting, 78 Parliamentary rule respecting, 78 mode of stating the question on, 78 may introduce new phraseology, 79 may be received as modifications, 79 extent to which they may be carried, 79 in Committee of 1 he Whole, 79 after final passage of a resolution 80 may be spoken to by those who have spoken on the resolution, 80 motion for, may be superseded, 80 when agreed to, cannot be altered, 81 by striking out and inserting, 82 if rejected, cannot be renewed, 84 ANONYMOUS call for a Town Meeting, not to be regard- ed, 11 APPEALS, may be made by two members,. 103 how conducted, 103 in debating, members speak but once, 104 must be reduced to writing 104 form of putting the question on, 104 in Congress, may be laid on the table, 104 BALLOT, voting by, 115 blank, not to be counted, see note, 115 BLANKS, in a resolution, how to be filled, 20 rule respecting, 21 BUSINESS, order of, in a Society 32 may be suspended by temporary adjournment,.... 73 motions to take up items of, not debatable, 92 12* 124 INDEX. BY-LAWS. See Rules, Order of Business. CHAIRMAN of a meeting, how chosen, 12 duty of, in opening a meeting, 14 IN TOWN OR WARD MEETINGS. COMMITTEES, to prepare resolutions, how appointed,. .14, 15 first named to be chairman of, 16 how to be excused from serving on, 16 report from, how made, 17 IN SOCIETIES AND OTHER BODIES. COMMITTEES, reports from Standing, how made, 35 reports from, should terminate with a resolution,.. . 36 action on reports from, 37 reports from, may be recommitted or withdrawn,. 37 wheiher a report from, can be amended, 37 minority reports from, 38 reports from Special, how made, 39 Special, how discharged, 39 reports from, not to be recorded, except on motion,. 40 gentleman first named on, usually chairman of,- 58 chairman of, may be elected, 59 in U. S. Senate and House of Representatives, how chosen, 58 when a member is excused from serving on, 59 objects and duties of. 60 to be appointed by the President, 60 who may be appointed on, 60 may be discharged from certain duties, see note, . . 60 any member may be present at sittings of, 61 Standing and Special, character of, 61 reports of, are of two kinds, 62 what the reporis may contain, 62 recommitted reports from, how treated, 62 communications referred to, usually delivered to chairman of, 63 if instructed, must report accordingly, 63 COMMIT, peration of the motion to, 71 character of the motion to, 77 motion to, may be amended, 77 COMMITTEE OF THK WHOLE, advantages of, 65 mode of proceeding in, 65 who is clerk of. see note, 65 rules for governing a, 66 quorum in a 66 how often members may speak in, 66 INDEX. 125 COMMITTED OF THE WHOLE, reports from, how made,. . . 67 may have leave lo sit again, 67 amendments made in, may be stricken out, 63 President may take part in debate in, 68 going into a, for special amendment, 78 COUNTY CONVENTIONS, how organised and conducted,. . 26 disputed delegates in, rules respecting, 26, 27 DEBATE, when may the President participate in, see nofe, 87 members not to transgress rules of, 87 members in, not to be interrupted, 88 Legislative rule respecting, 89 exceptionable words spoken in, to be taken down,. 90 no motion open for, until stated from the chair 90 disorderly behavior in, may be punished, 91 sick members may participate in, while sitting,. ... 92 See Members. DISORDERLY conduct not allowable, 91 members, how punished, 117 DIVIDING ON A VOTE, mode of proceeding, 18, 19, 35 may be required by one member, 35 if a quorum be not present on, Ill DIVISION OF A QUESTION, illustration of, 85 Legislative and parliamentary rule respecting the,. 93 should be ordered by the Society, 95 ELECTION OF OFFICERS, how conducted 114 when previous nominations should be made for,. .. 115 EXPLANATIONS, when allowed to be made, 87 New York rule respecting, see note, 88 EXPULSION OF A MEMBER, 117 EXPUNGE, motion to, requires a unanimous vote, 102 FINE, for leaving a meeting without permission, see note, 111 FLOOR, how to obtain, for presenting communications,. 32 to be obtained on permission, in certain cases, 90 usually first given to the mover of a motion, 106 FRF.NCH LEGISLATION, peculiarities of, 121 GRACE, or delay, not allowable in a Society, 28 what should be the rule respecting, see note, 29 126 INDEX. LETTERS AND COMMUNICATIONS, how presented, 32 LIE ON THE TABLE, character of the motion to, 76 motion to, cannot be debated or amended, 76 motion to, in Congress, has precedence, 76 MAIN QUESTION, when to be put, 97 what it will be, see notes, 97, 101 MEETINGS, Town and Ward, not to be called anony- mously, 11 how call for, should be worded, 11 mode of opening and conducting, 12 call of, to be read by chairman, 14 political, calling for speakers 20 usual for chairman to announce the speakers, see note, 20 MEMBER, in debate, must speak to the question, 87 in debate, if called to order, must cease speaking,. 87 if decided to be out of order, loses the floor, 88 in debate, can speak but twice, without permission, 89 in debate, not to be interrupted, 88 rising to explain, must confine himself to the ex- planation, 88 may be referred to by name, by the Speaker, in Le- gislative bodies, 89 how one may refer to another, 89 in debate, not to indulge in personalities, 89 wishing to make a statement, must ask permission, 90 not to be present when matters concerning him- self are discussed. 90 in Parliament, cannot read a paper without per- mission, 91 MINORITIKS, reports from committees, how presented,.. 38 how their rights are best protected, 39, 105 opinions of, may be recorded on the minutes, 106 MINUTES, to be read by the Secretary, 30 not necessary to take the question on, 30 if incorrect, may be corrected on motion, 30 sometimes read at the close of a meeting, see note.. 31 sometimes read at adjourned and special meetings, see note, 46 MOTION, to strike out and insert, indivisible, 93 mover of a, first entitled to the floor, 10(i in our Legislature, may be withdrawn before amendment, 107 cannot be withdrawn in Parliament, 107 members must rise in order to make a, 107 not renewable under certain circumstances, 107 to be read by the Secretary, whenever desired,.. 108 INDEX. 127 MOTIVES OF MEMBERS, not to be questioned, 89 NEW BUSINESS, when in order, 43 what it embraces, 43 OFFICERS OF A TOWN OR WARD MEETING, who has the right to nominate, 13 ORDER OF BUSINESS, how it may be changed 44 ORDERS OF THE DAY, character of the, 108 may be called for by one member, 108 PARLIAMENTARY LEGISLATION, peculiarities of, 119 PERSONALITIES, not allowable in debate, 89 POSTPONEMENT, for the present, motion for, may be amended 98 indefinite, motion for, cannot be amended or super- seded, 98 indefinite, effect of, on the subject, 99 PREAMBLE, when to be considered, 21 when not acted upon, 21 PRECEDENTS OF ORDER. Part of the report of a com- mittee decided to be out of order, 63 two motions to adjourn correctly entertained, 73 two moiions to adjourn incorrectly entertained 74 motion to amend what had been previously inserted as an amendment, not in order, 81 effect of a vote agreeing to an amendment to the amendment, and then disagreeing to the amend- ment. 83 matters foreign to the subject, cannot be received under color of amendment 8? matters cannot be expunged from the journal; wili- out a unanimous vote, 102 two motions to proceed to the orders of the day,. . . 109 two motions to proceed to the consideration of Senate amendments, lOlx decision on a motion :o reconsider, in the case of a m-mber expelled, 118 Ste Questions of Order. PRESIDENT, may second motions himself, see note, 34 when he may p esent communications, 35 128 INDEX. PRESIDENT, general duties of the, 47 votes, when the members are equally divided, 51 when he has a right to speak 68, 87 allowed to give his reasons on appeals, 104 should vote last, 113 k *BEVious QUESTION, when introduced, and design of,. .. 95 must be seconded by a certain number, see note,.. . 96 effect of, when called, 96 mode of putting the, 96 effect of a negative, 97 not debatable, 97 how it may be withdrawn, 98 PRIVILEGED QUESTIONS, what are so called, 69 operation of, 70 when complicated, how disposed of, see note, 71 PKOTEST, how to be presented, 106 QUESTION, mode of putting the, 18, 34 call for the, not to be forced, 21 while the President is putting, members should re- main in their seats, 87 may be put a second time, see note, 110 QUESTIONS MOT DEBATABLE, rules respecting, 92 QUESTIONS OF ORDER, when not debatable, 93, 110 decisions on, to be recorded in the minutes, 110 to be decided by the President 110 to be decided in certain cases, peremptorily, 113 QUCBUM, majority of the members, necessary to form a, see note, 29 rules respecting a, Ill if found to be not present during a meeting, Ill RECONSIDER, Congressional and Legislative rule respect- ing the motion to, 99 rule for the motion to, in Societies, 99 by whom the motion to, must be made and se- conded, 100 motion to, not Parliamentary, 101 RELIGIOUS PUBLIC MEETINGS, how organised and con- ducted, 24 REPORTS OF COMMITTEES, See Committees. RESCIND, motion to, 102 corresponding motion in the Legislature, 102 INDEX. 129 RESOLUTIONS, committee to draft, how appointed, 14 how reported to a Town Meeting, 17 may be considered separately 18 may be offered by an individual, 19 should be offered early in the meeting, 20 may be recommitted, 22 may be withdrawn, before amendment, 22 mode of offering in a Society, 43 initiatory word of, see note, 43 in what, different from motions, 44 must be put in writing, if required, 44 fate of, if a meeting adjourns, while considering,. .. 73 ROLL OF THE MEMBERS, calling off,. RULES, OR BY-LAWS, proper time to adopt, 1 16 how they may be suspended, 44, 116 when to be renewed, 117 provision for altering, 117 RULES OF ORDER, whence derived, 7 necessary for all deliberative bodies, 9 SECRETARY, of a public meeting, how appointed, 13 absence of, from a Society, see note, 30 first named, the acting officer, see note, 31 general duties of the, 51 SOCIETY, mode of conducting business in, 28 presenting petitions, letters or communications in,. 32 SPEAKING, not usually permitted excepting on a motion, 22 allowable in certain cases, 28 in Committee of the Whole, 66 SPECIAL MEETINGS, what business is first in order in,. . 46 object of, to be stated on the call, 47 SPEECH, reading of, by a member, 91 TELLERS, to conduct an election for officers, 115 to read off the ballots, 115 TREASURER, report from, how received and disposed of, 40 frequent reports from, desirable, 41 general duties of the, 59 130 INDEX. UNFINISHED BUSINESS, when in order, 41 what it embraces, 41 Secretary, to keep a list of, 42 different items of, how reached, 42 VICE PRESIDENT, of a public meeting, how appointed,. . 1-3 authority of a, in a Society, see note, 28 VOTE, every member bound to, unless excused, 112 of a member not to be changed, unless given in mistake, 113 no member can, after the division has been an- nounced from the chair, 113 how taken in the Eastern states, 114 Parliamentary rule respecting, 114 YEAS AND NAYS, mode of taking the 112 no debate allowed after they are ordered, Hi when called, the President to vote last, 113 Cfi '' H d K W P- |, S 1 N) i* g 5 ^ fe 10 r! ^ e- P- M p Q- P ^ 1C 5 5 - 8* 5 f fi ,> a a ? ' o B S 00970