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Professor J, Henry Sender 
 
J. HENRY SENGER. 
 
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MANUAL OF PARLIAMENTARY PRACTICE. 
 
 RULES 
 
 PROCEEDING AND DEBATE 
 
 DELIBEEATIVE ASSEMBLIES. 
 
 BY 
 
 LUTHER S. GUSHING. 
 
 REVISED WITH NOTES ON THE CONSTITUTION 
 BY 
 
 JOHN FREEMAN BAKER, LL.B., 
 
 of the New York Bar, 
 
 AUTHOR OF 
 "THE FEDERAL CONSTITUTION." 
 
 NEW YOKK I 
 
 HURST & COMPANY, PUBLISHERS, 
 
 122 NASSAU STREET. 
 
 Copyright, 1890, by Hurst & Company. 
 
. 
 
 . : ... .. PUBLISHER'S NOTICE. 
 
 has for more than a 
 generation been the sine qua non in every 
 properly organized and well regulated de- 
 liberative assembly in this country. 
 
 That it will hold this place for generations 
 to come, there is no reasonable doubt. 
 
 This edition is exactly the same in every 
 line, Word and letter as that originally pre- 
 pared by the author. 
 
 The text needs no improvement, but where 
 recent rulings in Congress and other de- 
 liberative assemblies have thrown light on 
 certain points the Editor has incorporated 
 such rulings in this edition. 
 
 The Constitution of the United States has also been 
 appended, containing notes and citations of all the 
 most recent and important cases in the Supreme 
 Court of the United States, carefully prepared by 
 John Freeman Baker, L.L.B., of the New York Bar, 
 arranged under the different articles and sections, 
 and will be found of great value to those who desire 
 to make an extended judicial examinationof the sever- 
 al subjects. 
 
 The abbreviations in the notes refer to the follow- 
 ing Eeports : 
 
 Pet. meaning Peters' Reports. 
 
 Cr. 
 
 Wh. 
 Dall. 
 How. 
 Black 
 U. S. 
 
 Cranch's 
 
 Wheaton's 
 
 Dallas's 
 
 Howard's 
 
 Black's 
 
 United States Eeports. 
 
 IN MEMORIAM 
 
AUTHOB'S STATEMENT. 
 
 THE following treatise forms a part only 
 of a much larger and more comprehensive 
 work, covering the whole ground of par- 
 liamentary law and practice, which the 
 author has for some time been engaged in 
 preparing ; and which it is his intention 
 to complete and publish, as soon as possi- 
 ble. In the meantime, tliis little work has 
 been compiled, chiefly from the larger, at 
 the request of the publishers, and to sup- 
 ply a want which was supposed to exist 
 to a considerable extent. 
 
 The treatise now presented to the pub- 
 lic, is intended as a Manual for Delibera- 
 tive Assemblies of every description, but 
 more especially for those which are not 
 legislative in their character ; though with 
 the exception of the principal points, in 
 which legislative bodies differ from others, 
 namely, the several different stages or 
 readings of a bill, and conferences and 
 amendments between the two branches, 
 this work will be found equally useful in 
 legislative assemblies as in others. 
 
 The only work which has hitherto been 
 in general use in this country, relating to 
 the proceedings of legislative assemblies 
 
AUTHOR'S STATEMENT. 
 
 is the compilation originally prepared by 
 Mr. Jefferson, when vice-president of the 
 United States, for the use of the body over 
 which he presided, and which is familiarly 
 known as Jefferson's Manual. This work, 
 having been extensively used in our legis- 
 lative bodies, and, in some States, express- 
 ly sanctioned by law, may be said to form, 
 as it were, the basis of the common par- 
 liamentary law of this country. Regard- 
 ing it in that light, the author of the fol- 
 lowing treatise has considered the princi- 
 ples and rules laid down by Mr. Jefferson 
 (and which have been adopted by him 
 chiefly from the elaborate work of Mr. 
 Hatsell) as the established rules on this 
 subject, and has accordingly made them 
 the basis of the present compilation, with 
 an occasional remark, in a note, by way of 
 explanation or suggestion, whenever he 
 deemed it necessary. 
 
 Members of legislative bodies, who may 
 have occasion to make use of this work, 
 will do well to bea-r in mind that it con- 
 tains only what may be called the common 
 parliamentary law ; which, in every legis- 
 lative assembly, is more or less modified 
 or controlled by special rules. 
 
 L. S. 0. 
 
 BOSTON, November 1, 1844. 
 
TABLE OF CONTENTS. 
 
 PAGE 
 
 INTRODUCTION 9 
 
 CHAPTER I. Of Certain Preliminary Matters 20 
 
 SECT. I. Quorum 20 
 
 SECT. II. Rules and Orders 22 
 
 SECT. III. Time of Meeting 23 
 
 SECT. IV. Principle of Decision '& 
 
 CHAPTER II. Of the Officers 25 
 
 SECT. I. The Presiding Officer 26 
 
 SECT. II. The Recording Officer 28 
 
 CHAPTER III Of the Bights and Duties of Mem- 
 bers 31 
 
 CHAPTER IV. Of the Introduction of Business .... 36 
 
 CHAPTER V. Of Motions in General 45 
 
 CHAPTER VI Of Motions to Suppress 49 
 
 SECT. I Previous Questions 49 
 
 SECT. II Indefinite Postponement 54 
 
 CH AFTER VII.- Of Motions to Postpone 55 
 
 CHAPTER VIII. Of Motions to Commit 57 
 
 CHAPTER IX. Of Motions to Amend 59 
 
 SECT. I. Division of a Question GO 
 
 SECT. II. Filling Blanks 62 
 
 SECT. III. Addition Separation Transposition 65 
 
 SECT. IV. Modification, etc., by the Mover - 66 
 
 SECT. V. General Rules relating to Amendments 68 
 
 SECT. VI. Amendments, by striking out 71 
 
 SECT. VII. Amendments, by inserting 75 
 
 SECT. VIII Amendments, by striking out and inserting. 78 
 SECT IX. Amendments, changing the nature of a 
 
 question .- 81 
 
 CHAPTER X. Of the Order and Succession of 
 
 Questions 86 
 
 SECT. I. Privileged Questions 87 
 
 Adjournment 88 
 
 Questions of Privilege 90 
 
 Orders of the Day 91 
 
 SECT. II. Incidental Questions 94 
 
 Questions of Order 94 
 
 Reading of Papers 97 
 
 Withdrawal of a Motion 99 
 
 Suspension of a Rule 100 
 
 Amendment of Amendments 101 
 
TABLE OF CONTENTS. 
 
 SECT. III. Subsidiary Questions 101 
 
 Lie on the Table 104 
 
 Previous Question 105 
 
 Postponement 106 
 
 .. . Commitment 308 
 
 Amendment 109 
 
 CHAPTER XI. Of tlie Order of Proceeding- 110 
 
 CHAPTER XII Of Order in Debate 118 
 
 SECT. I. As to the Manner of Sreakiug 119 
 
 SECT. II. As to the Matter in Speaking . . . 122 
 
 SECT. III. As to Times of Speaking 126 
 
 SECT. IV. As to Stopping Debate 128 
 
 SECT. V. As to Decorum in Debate 130 
 
 SECT. VI. As to Disorderly Words 132 
 
 CHAPTER XIII. Of the Question 136 
 
 CHAPTER XIV. Of Reconsideration 148 
 
 CHAPTER XV. Of Committees 152 
 
 SECT. I. Their Nature and Functions 152 
 
 SECT. II. Their Appointment 154 
 
 SECT. III. Their Organization, etc 159 
 
 SECT. IV. Their Report 164 
 
 SECT. V. Committee of the Whole 170 
 
 CONCLUDING REMARKS 177 
 
 CONSTITUTION OF THE UNITED STATES 180 
 
 DECLARATION OF INDEPENDENCE 204 
 
PARLIAMENTARY PRACTICE, 
 
 INTRODUCTION. 
 
 1. THE purposes, whatever they maybe, 
 for which a deliberative assembly of any 
 kind is constituted, can only be effected 
 by ascertaining the sense or will of the 
 assembly, in reference to the several sub- 
 jects submitted to it, and by embodying 
 that sense or will in an intelligible, au- 
 thentic, and authoritative form. To do 
 this, it is necessary, in the first place, that 
 the assembly should be promptly con- 
 stituted and organized; and, secondly, 
 that it should conduct ifcs proceedings ac 
 cording to certain rules, and agreeably to 
 certain forms, which experience has shown 
 to be the best adapted to the purpose. 
 
 2. Some deliberative assemblies, espe- 
 cially those which consist of permanently 
 established bodies, such as municipal and 
 other corporations, are usually consti- 
 
10 tAPilAMR^T^Y f>KACTICE. 
 
 tuted and organized, at least, in part, in 
 virtue of certain legal provisions ; while 
 others, of an occasional or temporary 
 character, such as conventions and politi- 
 cal meetings, constitute and organize 
 themselves on their assembling together 
 for the purposes of their appointment. 
 
 3. The most usual and convenient mode 
 of organizing a deliberative assembly is 
 the following : The members being as- 
 sembled together, in the place, and at the 
 time appointed for their meeting, one of 
 them, addressing himself to the others, re- 
 quests them to come to order ; the mem- 
 bers thereupon seating themselves and 
 giving their attention to him, he suggests 
 the propriety and necessity of their being 
 organized, before proceeding to business, 
 and requests the members to nominate 
 some person to act as chairman of the 
 meeting ; a name or names being there- 
 upon mentioned, he declares that such a 
 person (whose name was first heard by 
 him) is nominated for chairman, and puts 
 a question that the person so named be 
 requested to take the chair. If this ques- 
 
ORGANIZATION. 11 
 
 tion should be decided in the negative, 
 another nomination is then to be called 
 for, and a question put upon the name 
 mentioned (being that of some other per- 
 son) as before, and so on until a choice is 
 effected. When a chairman is elected, he 
 takes the chair, and proceeds in the same 
 manner to complete the organization of 
 the assembly, by the choice of a secretary 
 and such other officers, if any, as may be 
 deemed necessary. 
 
 4. An organization, thus effected, may 
 be, and frequently is, sufficient for all the 
 purposes of the meeting ; but if, for any 
 reason, it is desired to have a greater 
 number of officers, or to have them se- 
 lected with more deliberation, it is the 
 practice to organize temporarily, in the 
 manner above mentioned, and then to re- 
 fer the subject of a permanent organiza- 
 tion, and the selection of persons to be 
 nominated for the several offices, to a 
 committee ; upon whose report, the meet- 
 ing proceeds to organize itself, conform- 
 ably thereto, or in such other manner as 
 it thinks proper. 
 
lH PARLIAMENTARY PRACTICE. 
 
 5. The presiding officer is usually de- 
 nominated the president, and the record- 
 ing officer, the secretary; though, some- 
 times, these officers are designated, re- 
 spectively, as the chairman and cleric. It 
 is not unusual, besides a president, to 
 have one or more vice-presidents, who 
 take the chair, occasionally, in the ab- 
 sence of the president from the assem- 
 bly, or when he withdraws from the chair 
 to take part in the proceedings as a mem- 
 ber ; but who, at other times, though oc- 
 cupying seats with the president, act 
 merely as members. It is frequently the 
 case, also, that several persons are ap- 
 pointed secretaries, in which case, the 
 first named is considered as the principal 
 officer. All the , officers are, ordinarily, 
 members of the assembly* ; and, as such 
 entitled to participate in the proceedings ; 
 except that the presiding officer does not 
 
 * In legislative bodies, the clerk is seldom or never 
 a member ; and, in some, the presiding officer is not a 
 member ; as, for example, in the Senate of the United 
 States, the Senate of New York, and in some other 
 State senates. 
 
ORGANIZATION. 13 
 
 usually engage in the debate, and votes 
 only when the assembly is equally di- 
 vided. 
 
 6. In all deliberative assemblies, the 
 members of which are chosen or appointed 
 to represent others, it is necessary, be- 
 fore proceeding to business, to ascertain 
 who are duly elected and returned as 
 members ; in order not only that no per- 
 son may be admitted to participate in the 
 proceedings who is not regularly author- 
 ized to do so, but also that a list of the 
 members may be made for the use of the 
 assembly and its officers. 
 
 7. The proper time for this investigation 
 is after the temporary and before the per- 
 manent organization ; or, when the as- 
 sembly is permanently organized, in the 
 first instance, before it proceeds to the 
 transaction of any other business ; and the 
 most convenient mode of conducting it is 
 by the appointment of a committee, to re- 
 ceive and report upon the credentials of 
 the members. The same committee may 
 also be charged with the investigation of ri- 
 val claims, where any such are presented. 
 
14 PARLIAMENTARY PRACTICE. 
 
 8. When a question arises, involving the 
 right of a member to his seat, such mem- 
 ber is entitled to be heard on the ques- 
 tion, and he is then to withdraw from the 
 assembly until it is decided ; but if, by 
 the indulgence of the assembly, he re- 
 mains in his place, during the discussion, 
 he ought neither to take any further part 
 in it, nor to vote when the question is 
 proposed ; it being a fundamental rule of 
 all deliberative assemblies, that those 
 members whose rights as such are not 
 yet set aside, constitute a judicial tribu- 
 nal to decide upon the cases of those 
 whose rights of membership are called in 
 question. Care should always be taken, 
 therefore, in the selection of the officers, 
 and in the appointment of committees, to 
 name only those persons whose rights as 
 members are not objected to. 
 
 9. The place where an assembly is 
 held being in its possession, and right- 
 fully appropriated to its use, no person is 
 entitled to be present therein, but by the 
 consent of the assembly; and, conse- 
 quently, if any person refuse to withdraw, 
 
RULES OF PROCEEDING. 15 
 
 when ordered to do so, or conduct himself 
 in a disorderly or improper manner, the 
 assembly may unquestionably employ 
 sufficient force to remove such person 
 from the meeting. 
 
 10. Every deliberative assembly, by 
 the mere fact of its being assembled and 
 constituted, does thereby necessarily 
 adopt and become subject to those rules 
 and forms of proceeding, without which 
 it would be impossible for it to accom- 
 plish the purposes of its creation. It is 
 perfectly competent, however, for every 
 such body and where the business is of 
 considerable interest and importance, or 
 likely to require some time for its accom- 
 plishment, it is not unusual to adopt also 
 certain special rules for the regulation of 
 its proceedings. Where this is the case, 
 these latter supersede the ordinary parlia- 
 mentary rules, in reference to all points to 
 which they relate ; or add to them in those 
 particulars in reference to which there is 
 no parliamentary rule ; leaving what may 
 be called the common parliamentary law 
 in full force in all other respects. 
 
16 PARLIAMENT ART PRACTICE. 
 
 11, The rules of parliamentary pro- 
 ceedings in this country are derived from, 
 and essentially the same with, those of 
 the British parliament ; though, in order 
 to adapt these rules to the circumstances 
 and wants of our legislative assemblies, 
 they have, in some few respects, been 
 changed, in others, differently applied, 
 and in others, again, extended beyond 
 their original intention. To these rules, 
 each legislative assembly is accustomed 
 to add a code of its own, by which, in 
 conjunction with. the former, its proceed- 
 ings are regulated. The rules, thus 
 adopted by the several legislative as- 
 semblies, having been renewed in suc- 
 cessive legislatures, with such exten- 
 sions, modifications and additions as have 
 been from time to time, thought necessary, 
 the result is, that a system of parlia- 
 mentary rules has been established in 
 each state, different in some particulars 
 from those of every other state, but yet 
 founded in and embracing all the essential 
 rules of the common parliamentary law. 
 
 12. The rules of proceeding, in each 
 
RULES OF PROCEEDING. 17 
 
 state, being of course best known by the 
 citizens of that state, it has sometimes 
 happened in deliberative assemblies, that 
 the proceedings have been conducted not 
 merely according to the general parlia- 
 mentary law, but also in conformity with 
 the peculiar system of the state in which 
 the assembly was sitting, or of whose 
 citizens it was composed. This, however, 
 is erroneous ; as no occasional assembly 
 can ever be subject to any other rules, 
 than those which are of general applica- 
 tion, or which it specially adopts for its 
 own government ; and the rules adopted 
 and practiced upon by a legislative as- 
 sembly do not thereby acquire the charac- 
 ter of general laws. 
 
 13. The judgment, opinion, sense, or 
 will of a deliberate assembly is expressed, 
 according to the nature of the subject, 
 either by a resolution, order, or vote. 
 When it commands, it is by an order ; but 
 facts, principles, its own opinions, or pur- 
 poses, are most properly expressed in the 
 form of a resolution : the term vote may be 
 applied to the result of every question 
 
18 PAKLIAMENTAKY PRACTICE. 
 
 decided by the assembly. In whatever 
 form, however, a question is proposed, 
 or by whatever name it may be called, the 
 mode of proceeding is the same. 
 
 14. The judgment or will of any num- 
 ber of persons, considered as an aggre- 
 gate body, is that which is evidenced by 
 the consent or agreement of the greater 
 number of them ; and the only mode by 
 which this can be ascertained, in reference 
 to any particular subject, is for some one 
 of them to begin by submitting to the 
 others a proposition, expressed in such a 
 form of words, that, if assented to by the 
 requisite number, it will purport to ex- 
 press the judgment or will of the as- 
 sembly. This proposition will then form 
 a basis for the further proceedings of 
 the assembly; to be assented to, rejected, 
 or modified, according as it expresses or 
 not, or may be made to express the sense 
 of a majority of the members. The dif- 
 ferent proceedings which take place, from 
 the first submission of a proposition, 
 through all the changes it may undergo, 
 until the final decision of the assembly 
 
PUNISHMENT OF MEMBERS. 35 
 
 concern his private interest, or relate to 
 his conduct as a member, as for a breach 
 of order, or for matter arising in debate, 
 as soon as it is fairly before the assembly, 
 the member is to be heard in exculpation 
 and then to withdraw, until the matter is 
 settled. If, notwithstanding, a member 
 should remain in the assembly and vote, 
 his vote may and ought to be disallowed ; 
 it being contrary, not only to the laws of 
 decency, but to the fundamental principle 
 of the social compact, that a man should 
 sit and act as a judge in his own case. 
 42. The only punishments, which can 
 be inflicted upon its members by a delib- 
 erative assembly of the kind now under 
 consideration, consist of reprimanding, 
 exclusion from the assembly, a prohibi- 
 tion to speak or vote, for a specified time, 
 and expulsion ; to which are to be added 
 such other forms of punishment, as by 
 apology, begging pardon, <fec., as the as- 
 sembly may see fit to impose, and to re- 
 quire the offender to submit to, on pain of 
 expulsion, 
 
36 PARLIAMENTARY PRACTICE. 
 
 CHAPTEE IV. 
 Of the Introduction of Business. 
 
 43. The proceedings of a deliberative 
 assembly, in reference to any particular 
 subject, are ordinarily set in motion, in 
 the first instance, by some one of the 
 members either presenting a communica- 
 tion from persons not members, or him- 
 self submitting a proposition to the as- 
 sembly. 
 
 44. Communications made to the assem- 
 bly are of two kinds, namely, those which 
 are merely for its information in matters 
 of fact, and those which contain a request 
 for some action on the part of the assem- 
 bly, either of a general nature, or for the 
 benefit of an individual. The latter only, 
 as they alone constitute a foundation for 
 future proceedings, require to be noticed. 
 
 45. Propositions*made by members are 
 drawn up and introduced, by motion, in 
 the form which they are intended by the 
 
OBTAINING THE FLOOR. 37 
 
 mover to bear, as orders, resolutions, or 
 votes, if they should be adopted by the 
 assembly. These propositions, of what- 
 ever nature they may be, are usually 
 denominated motions, until they are 
 adopted ; they then take the name which 
 properly belongs to them. 
 
 46. When a member has occasion to 
 make any communication whatever to the 
 assembly, whether to present a petition 
 or other paper, or to make or second a 
 motion of any kind, or merely to make a 
 verbal statement, as well as when one 
 desires to address the assembly in debate, 
 he must in the first place, as the expres- 
 sion is, " obtain the floor " for the pur- 
 pose he has in view. In order to do this, 
 he must rise in his place,* and, standing 
 uncovered, address himself to the pre- 
 siding officer by his title ; the latter, on 
 hearing himself thus addressed, calls to 
 
 * In the House of Representatives of Massachusetts, 
 where each member's seat is regularly assigned to him, 
 and numbered, it has been found useful, in deciding 
 upon the claims of several competitors for the floor, 
 to prefer one who rises in his place, to a member who 
 addresses the speaker from the area, the passageways, 
 or the seat of any other member. 
 
38 PAKLIAMENTAEY PRACTICE, 
 
 the member by his name ; and the mem- 
 ber may then, but not before, proceed 
 with his business. 
 
 47. If two or more members rise and 
 address themselves to the presiding offi- 
 cer, at the same time, or nearly so, he 
 should give the floor to the member, whose 
 voice he first heard. If his decision 
 should not be satisfactory, any member 
 may call it in question, saying that in his 
 opinion such a member (not the one 
 named) was first up, and have the sense 
 of the assembly taken thereon, as to which 
 of the members should be heard. In this 
 case, the question should be first taken 
 upon the name of the member announced 
 by the presiding officer ; and, if this ques- 
 tion should be decided in the negative, 
 then upon the name of the member for 
 whom the floor was claimed in opposition 
 to him. 
 
 48. The mode of proceeding upon such 
 communications from persons not mem- 
 bers, as are above alluded to, may be ex- 
 plained by that adopted on the presenta- 
 tion of a petition, which may be consid- 
 
PRESENTATION OF PETITIONS, 39 
 
 ered as the representative of the whole 
 class to which it belongs. 
 
 49. A petition, in order to be received, 
 should be subscribed by the petitioner 
 himself, with his own hand, either by 
 name or mark, except in case of inability 
 from sickness, or because the petitioner 
 is attending in person; and should be 
 presented or offered, not by the petitioner 
 himself, but by some member to whom it 
 is intrusted for that purpose. 
 
 50. The member, who presents a peti- 
 tion, should previously have informed 
 himself of its contents, so as to be able to 
 state the substance of it, on offering it to 
 the assembly, and also to be prepared to 
 say, if any question should be made, that 
 in his judgment it is couched in proper 
 language, and contains nothing intention- 
 ally disrespectful to the assembly. 
 
 51. Being thus prepared, the member 
 rises in his place, with the petition in his 
 hand, and informs the assembly that he 
 has a certain petition, stating the sub- 
 stance of it, which he thereupon presents 
 or offers to the assembly, and, at the same 
 
40 PARLIAMENTARY PRACTICE. 
 
 time moves (which, however, may be done 
 by any other member) that it be received ; 
 this motion being seconded, the question 
 is put whether the assembly will receive 
 the petition or not. This is the regular 
 course of proceeding ; but, in practice 
 tnere is seldom any question made on 
 receiving a petition ; the presiding officer 
 usually taking it for granted that there is 
 no objection to the reception, unless it be 
 stated. If, however, any objection is made 
 to a petition, before it has been otherwise 
 disposed of, the presiding officer ought to 
 retrace his steps and require a, motion of re- 
 ception to be regularly made and seconded. 
 52. If the question of reception is de- 
 termined in the affirmative, the petition 
 is brought up to the table by the member 
 presenting it; and is there read as of 
 course by the clerk. Ifc is then regularly 
 before the assembly, to be dealt with as 
 it thinks proper ; the usual course being 
 either to proceed to consider the subject 
 of it immediately, or to assign some future 
 time for its consideration, or to order it to 
 lie on the table for the examination and 
 
PRESENTATION OF PETITIONS. 41 
 
 consideration of the members individ- 
 ually. 
 
 53. Whenever a member introduces a 
 proposition of his own, for the consider- 
 ation of the assembly, he puts it into the 
 form he desires it should have, and then 
 moves that it be adopted as the resolu- 
 tion, order, or vote of the assembly. If 
 this proposition so far meets the appro- 
 bation of other members, that one of them 
 rises in his place and seconds it, it may 
 then be put to the question ; and the re- 
 sult, whether affirmative or negative, be- 
 comes the judgment of the assembly. 
 
 54. A motion must be submitted ID, 
 writing ; otherwise the presiding officer 
 will be justified in refusing to receive it ; 
 he may do so, however, if he pleases, and 
 is willing to take the trouble himself to 
 reduce it to writing. This rule extends 
 only to principal motions, which, when 
 adopted, become the act and express the 
 sense of the assembly ; but not to sub- 
 sidiary or incidental motions* which 
 
 * Such as. to adjourn, lie on the table, for the pre- 
 vious question, for postponement, commitment, &c. 
 
4:2 PARLIAMENTARY PRACTICE. 
 
 merely enable the assembly to dispose of 
 the former in the manner it desires, and 
 which are always in the same form. In 
 the case of a motion to amend, which is a 
 subsidiary motion, the rule admits of an 
 exception, so far as regards the insertion 
 of additional words, which, as well as 
 the principal motion, must be in writing. 
 55. A motion must also be seconded, 
 that is, approved by some one member, 
 at least, expressing his approval by rising 
 and saying, that he seconds the motion ; 
 and if a motion be not seconded, no no- 
 tice whatever is to be taken of it by the 
 presiding officer; though, in practice, 
 very many motions, particularly those 
 which occur in the ordinary routine of 
 business, are admitted without being sec- 
 onded. This rule applies as well to sub- 
 sidiary as principal motions. The second- 
 ing of a motion seems to be required, on 
 the ground that the time of the assembly 
 ought not to be taken up by a question, 
 which, for any thing that appears, has no 
 one in its favor but the mover. There 
 are some apparent exceptions to this rule, 
 
THE MAKING OF MOTIONS. 43 
 
 which will be stated hereafter, in those 
 cases, in which one member alone has the 
 right of instituting or giving direction to 
 a particular proceeding ; and an actual 
 exception is sometimes made by a special 
 rule, xequiring certain motions to be sec- 
 onded by more than one member. 
 
 56. When a motion has been made and 
 seconded, it is then to be stated by the 
 presiding officer to the assembly, and thus 
 becomes a question for its decision ; and, 
 until so stated, it is not in order for any 
 other motion to be made, or for any mem- 
 ber to speak to it ; but, when moved, sec- 
 onded, and stated from the chair, a motion 
 is in the possession of the assembly, and 
 cannot be withdrawn by the mover, but 
 by special leave of the assembly, which 
 must be obtained by a motion made and 
 seconded as in other cases. [This ruling 
 must not be interpreted as precluding all 
 right to proceed with or allude to a mo- 
 tion, until such time as it has been stated 
 by the presiding officer. 
 
 But, on the other hand, after a motion 
 has been made, or even after it has been 
 
44 PAKLIAMENTAEY PKACTICE, 
 
 seconded, provided it has not yet been 
 stated as a question, it is allowable for the 
 maker of the motion, either of his own 
 choice, or at the instance of the presiding 
 officer, or even of some other member, 
 and without any motion or vote fr the 
 purpose, to modify or withdraw his mo- 
 tion. 
 
 The rule merely demands, that up to 
 the time that a motion is regularly sec- 
 onded and stated, it must not be spoken 
 to as a question for the decision of the 
 meeting, or be made the subject of any 
 motion or proceeding as such. 
 
 The chair may, therefore, allow members 
 to make observations or suggestions for 
 the purposes mentioned, so far as they 
 relate to motions not yet stated, but he 
 should effectively check and prevent all 
 remarks which would lead to debate ; it 
 being an inflexible rule, that no debate can 
 be had on any subject, unless there is a 
 question pending at the time.] 
 
 57. When a motion is regularly before 
 the assembly, it is the duty of the presid- 
 ing officer to state it, if it be not in writing, 
 
THE MAKING OF MOTIONS. 45 
 
 or to cause it to be read, if it be, as of ten 
 as any member desires to have it stated 
 or read for his information. 
 
 58. When a motion or proposition is reg- 
 ularly before the assembly, no other mo- 
 tion can be received, unless it be one which 
 is previous in its nature to the question un- 
 der consideration, and consequently en- 
 titled to take its place for the time be- 
 ing, and be first decided. 
 
 CHAPTEE V. 
 Of Motions In General. 
 
 59, When a proposition is made to a de- 
 liberative assembly, for its adoption, the 
 proposition may be in such a form as to be 
 put to the question, and the assembly may 
 be in such a state as to be willing to come 
 to a decision upon it, at once ; and when 
 this is the case nothing more can be neces- 
 sary than to take the votes of the members, 
 and ascertain the result. But a different 
 state of things may and commonly does ex- 
 ist ; the assembly may prefer some other 
 
46 PARLIAMENTARY PRACTICE. 
 
 course of proceeding to an immediate de- 
 cision of the question in the form in which 
 it is presented ; and, as it is proper, that 
 every parliamentary body should have the 
 means of fitly disposing of every proposi- 
 tion which may be made to it, certain forms 
 of question have from time to time been in- 
 vented, and are now in general use, for 
 that purpose. These forms of question may 
 properly be called subsidiary, in order to 
 distinguish them from the principal mo- 
 tion or question to which they relate. 
 
 60. The different states of mind, in which 
 a proposition may be received by a delib- 
 erative assembly, and the corresponding 
 forms of proceeding, or subsidiary motions, 
 to which they give rise, in order to ascer- 
 tain the sense of the assembly, are the fol- 
 lowing : 
 
 first. The assembly may look upon the 
 proposition as useless or inexpedient; and 
 may therefore desire to suppress it, either 
 for a time, or altogether. The subsidiary 
 motions, for this purpose, are the previous 
 question, and indefinite postponement. 
 
 Second. The assembly may be willing to 
 
SUBSIDIARY MOTIONS. 47 
 
 entertain and consider of a proposition, 
 but not at the time when it is made ; 
 either because more information is wanted 
 by the members individually ; or because 
 they desire further time for reflection and 
 examination ; or because the assembly is 
 then occupied with some other matter, 
 which has more pressing claims upon its 
 present attention. The usual motions, 
 under such circumstances, are postpone- 
 ment to some future day or time, and to 
 lie on the table. 
 
 Third. The subject-matter of a proposi- 
 tion may be regarded with favor, but the 
 form in which it is introduced may be so 
 defective, that a more careful and delib- 
 erate consideration, than can conveniently 
 be given to it in the assembly itself, may 
 be necessary to put it into a satisfactory 
 form. In this case, it is most proper to 
 refer the proposition to a committee. 
 
 Fourth. The proposition may be ac- 
 ceptable, and the form in which it is 
 presented so far satisfactory, that the as- 
 sembly may be willing to consider and 
 act upon it, with such alterations and 
 
4:8 PARLIAMENTARY PRACTICE. 
 
 amendments as may be thought proper. 
 The motion adapted to this case is to 
 amend. 
 
 61. It is not to be supposed that the 
 subsidiary motions above specified are 
 the only ones that have at any time been 
 adopted or used ; or that it is not compe- 
 tent to a deliberative assembly to frame 
 new motions at pleasure ; but these are 
 the forms in most common use, and are 
 entirely sufficient for all practical pur- 
 poses-* Neither is it to be supposed, that 
 these motions are always applied strictly 
 to the cases to which they most appro- 
 priately belong ; several of them are 
 frequently used to effect purposes, for 
 which others would be more proper. 
 
 * It is usual, in legislative assemblies, to provide 
 by a special rule, both as to the particular motions to 
 be used, and the order in which they may be made. 
 Thus, the rule in the House of Representatives of Con- 
 gress, (which is also adopted in the House of Represen- 
 tatives of Massachusetts,) is, that, " when a question 
 is under debate, no motion shall be received, but to 
 adjourn, to lie on the table, for the previous question, 
 to postpone to a day certain, to commit, to amend, to 
 postpone indefinitely, which several motions shall 
 have precedence in the order in which they are ar- 
 ranged." 
 
MOTIONS TO SUPPRESS. 4:9 
 
 These misapplications will be taken 
 notice of, under the heads of the several 
 motions. 
 
 CHAPTER VI. 
 Of Motions to Suppress. 
 
 62. When a proposition is moved, 
 which it is supposed, may be regarded by 
 the assembly as useless or inexpedient, 
 and which it may therefore be desirous to 
 get rid of, such proposition may be sup- 
 pressed for a time by means of the pre- 
 vious question, or altogether by a motion 
 for indefinite postponement. 
 
 Sect, I. Previous Question. 
 
 63. The original and proper parliamen- 
 tary use of the previous question being, 
 as above stated, the suppression of amain 
 question, it seems proper to consider it as 
 one of the subsidiary motions for that 
 purpose ; although, in this country, it has 
 been perverted to a wholly different use, 
 
50 PAKLIAMENTAKY PBACTICE. 
 
 namely, the suppression of debate. This 
 consideration, in connection with the dif- 
 ficulty of the subject, and the importance 
 of a correct understanding of it, makes it 
 proper to devote more room to the pre- 
 vious question, than needs to be given to 
 most of the other subsidiary motions. It 
 will first be considered according to its 
 original use and intention ; and, after- 
 wards, as used in this country. 
 
 61. There are several motions, which 
 give rise to questions previous in their 
 nature to other questions to which they 
 relate ; but the term previous has been ap- 
 plied exclusively to a motion denominated 
 the previous question, which has for its ob- 
 ject the suppression of a principal motion 
 or question. This motion was introduced 
 into the House of Commons in England, 
 more than two centuries ago, for the pur- 
 pose of suppressing subjects of a delicate 
 nature, relating to high personages, or 
 the discussion of which might call forth 
 observations of an injurious tendency. 
 When first made use of, the form of the 
 motion was, shall the main question be put? 
 
PREVIOUS QUESTION. 51 
 
 and the effect of a decision of it in the 
 negative was to suppress the main ques- 
 tion for the whole session. The form of 
 it was afterwards changed to that which 
 it has at present, namely, shall the main 
 question be now put ? and the effect of a 
 negative decision of it now is to suppress 
 the main question for the residue of the 
 day only. The operation of this motion, 
 in suppressing the question to which it- 
 is applied, results from the principle, 
 that no further consideration or discus- 
 sion can regularly be had of a subject, 
 which it has been decided shall not be put 
 to the question ; and, therefore, when on 
 the motion of the previous question, it has 
 been decided, that the principal question 
 shall not now be put, that question 
 is disposed of for the day, and cannot 
 be renewed until the next or some suc- 
 ceeding day. This is the purpose for 
 which the previous question was origi- 
 nally invented, and for which it is still used 
 in the British parliament. 
 
 65. But the previous question may be 
 decided in the affirmative, as well as the 
 
52 PARLIAMENTARY PRACTICE. 
 
 negative, that is, that the main question 
 shall now be put; in which case, that 
 question is to be put immediately, with- 
 out any further debate, and in the form 
 in which it then exists. This operation 
 of the previous question, when decided 
 affirmatively, has led to the use of it for 
 the purpose of suppressing debate on a 
 principal question, and coming to a vote 
 upon it immediately ; and this is ordinar- 
 ily the only object of the previous ques- 
 tion as made use of in the legislative as- 
 semblies of the United States.* The op- 
 eration of a negative decision is different 
 in different assemblies ; in some, as, for 
 example, in the House of Eepresentatives 
 of Congress, it operates to dispose of the 
 principal or main question by suppress- 
 ing or removing it from before the house 
 
 * Mr. Jefferson (Manual, xxxiv.) considers this ex- 
 tension of the previous question as an abuse. He is 
 of opinion that "its uses would be as well answered by 
 other more simple parliamentary forms, and therefore 
 it should not be favored, but restricted within as nar- 
 row limits as possible." Notwithstanding this sug- 
 gestion, however, the use of the previous question, as 
 above stated, has become so firmly established, that 
 it cannot now be disturbed or unsettled. 
 
PREVIOUS QUESTION. 53 
 
 for the day ; but in others, as in the 
 House of Representatives of Massachu- 
 setts, and in the House of Assembly of 
 New York, (in the former by usage only, 
 and in the latter by a rule,) the effect of a 
 negative decision of the previous question 
 is to leave the main question under de- 
 bate for the residue of the sitting, unless 
 sooner disposed of by taking the question, 
 or in some other manner. 
 
 66. In England, the previous question 
 is used only for suppressing a main ques- 
 tion ; the object of the mover is to obtain 
 a decision of it in the negative ; and the 
 effect of such a decision, though in strict- 
 ness only to suppress the question for the 
 day, is, practically and by parliamentary 
 usage, to dispose of the subject altogether. 
 In this country, the previous question is 
 used chiefly for suppressing debate on a 
 main question ; the object of the mover is 
 to obtain a decision of it in the affirmative; 
 and the effect of a decision the other way, 
 though in some assemblies operating 
 technically to suppress the main question 
 for the day only, is, in general, merely to 
 
54 PARLIAMENTARY PRACTICE. 
 
 suspend the taking of the question for 
 that day ; either leaving the debate to go 
 on during the residue of the day, or the 
 subject to be renewed on the next or 
 some other day. The operation of an 
 affirmative decision is the same, in both 
 countries, namely, the putting of the main 
 question immediately, and without further 
 debate, delay, or consideration. 
 
 Sect. II. Indefinite Postponement. 
 
 67. In order to suppress a question 
 altogether, without coming to a direct 
 vote upon it, in such a manner that it can- 
 not be renewed, the proper motion is for 
 indefinite postponement ; that is, a post- 
 ponement or adjournment of the question, 
 without fixing any day for resuming it. 
 The effect of this motion, if decided in the 
 affirmative, is to quash the proposition 
 entirely ; as an indefinite adjournment 
 is equivalent to a dissolution, or the con- 
 tinuance of a suit without day, is a dis- 
 continuance of it. A negative decision 
 has no effect whatever. 
 
MOTIONS TO POSTPONE. 55 
 
 CHAPTEE VII. 
 
 Of Motions to Postpone. 
 
 68. If the assembly is willing to enter- 
 tain and consider a question, but not at 
 the time when it is moved, the proper 
 course is either to postpone the subject 
 to another day, or to order it to lie ou 
 the table. 
 
 69. When the members individually 
 want more information than they possess, 
 at the time a question is moved, or desire 
 further time for reflection and examina- 
 tion, the proper motion is, to postpone 
 the subject to such future day as will an- 
 swer the views of the assembly. 
 
 70. This motion is sometimes used im- 
 properly, to get rid of a proposition alto- 
 gether, as would be done by an indefinite 
 postponement. This is effected by fixing 
 upon a day, which, according to the com- 
 mon course of things, will not arrive until 
 after the assembly has been brought to a 
 
56 PARLIAMENTARY PRACTICE. 
 
 close. But a motion, worded in this man- 
 ner, is precisely equivalent to a motion 
 for indefinite postponement, and should 
 be so considered and treated. 
 
 71. If the assembly has something else 
 before it, which claims its present atten- 
 tion, and is therefore desirous to post- 
 pone a particular proposition, until 
 that subject is disposed of, such post- 
 ponement may be effected by means 
 of a motion that the matter in question 
 lie on the table. If this motion prevails, 
 the subject so disposed of may be taken 
 up, at any time afterwards, and considered, 
 when it may suit the convenience of the 
 assembly. 
 
 72. This motion is also sometimes 
 made use of for the final disposition of a 
 subject; and it always has that effect, 
 when no motion is afterwards made to 
 take it up. 
 
 [Debate is_not allowed, in deliberative 
 assemblies, on a motion to lay on the 
 table, or to postpone to a certain day; 
 because such motions suspend action 
 only for a short time and full discussion 
 
MOTIONS TO COMMIT. 57 
 
 may be had later. Members may speak 
 strictly to the motion but not cts to the 
 merits of the question postponed. A 
 motion to lay on the table cannotbe 
 amended.] 
 
 CHAPTER VIII. 
 Of Motions to Commit. 
 
 73. The third case for the use of a sub- 
 sidiary motion, as already stated, occurs 
 when the subject-matter of a proposition 
 is regarded with favor, but the form in 
 which it is introduced is so defective, 
 that a more careful and deliberate con- 
 sideration is necessary, than can con- 
 veniently be given to it in the assembly 
 itself, in order to put it into a satisfactory 
 form. The course of proceeding then is, 
 to refer the subject to a committee ; which 
 is called a commitment, or, if the subject 
 has already been in the hands of a com- 
 mittee, a recommitment. 
 
 74. If there is a standing committee of 
 the assembly, whose functions embrace 
 
58 PAELIAMENTAHY PRACTICE. 
 
 the subject in question, the motion should 
 be to refer it to that committee ; if there 
 is no such committee, then the motion 
 should be to refer to a select committee. 
 If it is a matter of doubt, whether a par- 
 ticular standing committee is appropriate 
 or not, and propositions are made for a 
 reference to that committee, and also for 
 a reference to a select committee, the for- 
 mer proposition should be first put to 
 the question. 
 
 75. When a subject is referred or re- 
 committed, the committee may be in- 
 structed or ordered by the assembly, as 
 to any part or the whole of the duties as- 
 signed them ; or the subject may be left 
 with them without instructions. In the 
 former case, the instructions must be 
 obeyed, of course ; in the latter, the com- 
 mittee have full power over the matter, 
 and may report upon it, in any manner 
 they please, provided they keep within 
 the recognized forms of parliamentary 
 proceedings. 
 
 76. A part only of a subject may be 
 committed, without the residue ; or dif- 
 
MOTIONS TO AMEND. 59 
 
 ferent parts may be committed to different 
 committees. 
 
 77. A commitment with instructions is 
 sometimes made' use of, as a convenient 
 mode of procuring further information, 
 and at the same time, of postponing the 
 consideration of a subject to a future, 
 though uncertain day. 
 
 CHAPTEE IX. 
 
 Of Motions to Amend. 
 
 78. The last case, for the introduction 
 of subsidiary motions, is when the as- 
 sembly is satisfied with the subject-matter 
 of a proposition, but not with the form of 
 it, or with all its different parts, or desires 
 to make some addition to it. The course 
 of proceeding then is, to bring the pro- 
 position into the proper form, and make 
 its details satisfactory, by means of amend- 
 ments, or of certain proceedings of a sim- 
 ilar character, and having the same gen- 
 eral purpose in view. The latter will be 
 first considered. 
 
60 PARLIAMENTARY PRACTICE. 
 
 Sect. I, Division of a Question. 
 
 79. When a proposition or motion is 
 complicated, that is, composed of two or 
 more parts, which are so far independent 
 of each other, as to be susceptible of 
 division into several questions, and it is 
 supposed that the assembly may approve 
 of some but not of all these parts, it is a 
 compendious mode of amendment, to 
 divide the motion into separate questions, 
 to be separately voted upon and decided 
 by the assembly. This division may take 
 place by the order of the assembly, on a 
 motion regularly made and seconded for 
 the purpose. 
 
 80. When a motion is thus divided, it 
 becomes a series of questions, to be con- 
 sidered and treated each by itself, as an 
 independent proposition, in the order in 
 which they stand ; and when they have all 
 been gone through with and decided, the 
 result will be the same, as if motions to 
 amend by striking out the several parts 
 had been made and put to the question. 
 When a motion for a division is made, the 
 
DIVISION OF A QUESTION. 61 
 
 mover ought to specify in liis motion the 
 manner in which he proposes to make the 
 division ; and this motion, like every other 
 of the nature o'f an amendment, is itself 
 susceptible of amendment. 
 
 81. It is sometimes asserted, that it is 
 the right of every individual member to 
 have a complicated question (provided it 
 is susceptible of division) divided into its 
 several parts, and a question put sepa- 
 rately on each, on his mere demand, and 
 without any motion or anv vote of the as- 
 sembly for that purpose. But this is a 
 mistake ; there is no such rule of parlia- 
 mentary proceedings ; a complicated ques- 
 tion can only be separated by moving 
 amendments to it in the usual manner, or 
 by moving for a division of it in the man- 
 ner above stated. 
 
 '82. It is not unusual, however, for a 
 deliberative assembly to have a rule pro- 
 viding for the division of a complicated 
 question (provided it is susceptible of 
 division) into its several parts, upon the 
 demand of a member. When this is the 
 case, it is for the presiding officer (subject 
 
62 PARLIAMENTARY PRACTICE. 
 
 of course to the revision of the assembly) 
 to decide, when the division of a motion 
 is demanded, first, whether the proposi- 
 tion is susceptible of division, and, sec- 
 ondly, into how many and what parts 
 it may be divided. 
 
 83. A proposition, in order to be divisi- 
 ble, must comprehend points so distinct 
 and entire, that if one or more of them be 
 taken away, the others may stand entire 
 and by themselves ; but a qualifying 
 paragraph, as, for example, an exception 
 or a proviso, if separated from the general 
 assertion or statement to which it belongs, 
 does not contain an entire point or 
 proposition. 
 
 Sect. II. Filling Blanks. 
 
 84. It often happens, that a proposition 
 is introduced with blanks purposely left 
 by the mover to be filled by the assembly, 
 either with times and numbers, or with 
 provisions analogous to those of the 
 proposition itself. In the latter case, 
 blanks are filled in the same way, that 
 other amendments by the insertion of 
 
FELLING BLANKS. 63 
 
 words are made. In the former, proposi- 
 tions to fill blanks are not considered as 
 amendments to the question, but as origi- 
 nal motions, to be made and decided 
 before the principal question. 
 
 .85. When a blank is left to be filled 
 with a time or number, motions may be 
 made for that purpose, and the question 
 taken on each by itself, and before another 
 is made ; or several motions may be made 
 and pending before any of them are put to 
 the question. This last mode of proceed- 
 ing, which is the most usual as well as 
 convenient, requires that the several 
 propositions should be arranged, and the 
 question taken on them, in such order as 
 will the soonest and with the most cer- 
 tainty enable the assembly to come to an 
 agreement. 
 
 86. In determining upon the order to 
 be adopted, the object is not to begin at 
 that extreme, which and more being 
 within every man's wish, no one can vote 
 against it, and, yet, if it should be carried 
 in the affirmative, every question for more 
 would be precluded ; but, at that extreme, 
 
64 PARLIAMENTARY PRACTICE. 
 
 which will be likely to unite the fewest, 
 and then to advance or recede, until a 
 number or time is reached, which will 
 unite a majority. 
 
 87. Hence, when several different pro- 
 positions are made for filling blanks with 
 a time or number, the rule is, that if the 
 larger comprehends the lesser, as in a 
 question to what day a postponement 
 shall take place, the number of which a 
 committee shall consist, the amount of 
 a fine to be imposed, the term of an im- 
 prisonment, the term of irredeernability 
 of a loan, or the terminus in quern in 
 any other case, the question must begin a 
 maxima, and be first taken upon the great- 
 est or farthest, and so on to the least or 
 nearest, until the assembly comes to a 
 vote : but, if the lesser includes the greater, 
 as in questions on the limitation of the 
 rate of interest, on the amount of a tax, 
 on what day the session of a legislative 
 assembly shall be closed, by adjourn- 
 ment, on what day the next session shall 
 commence, or the terminus a quo in any 
 other case, the question must begin a 
 
ADDITION, SEPARATION, TRANSPOSITION. 65 
 
 mi^imo, and be first taken on the least or 
 nearest, and so on to the greatest or most 
 remote, until the assembly comes to a 
 vote.* 
 
 Sect. III. Addition, Separation, Trans- 
 position 
 
 88. When the matters contained in two 
 separate propositions might be better put 
 into one, the mode of proceeding is to re- 
 ject one of them, and then to incorporate 
 the substance of it with the other by way 
 of amendment. A better mode, however, 
 if the business of the assembly will admit 
 of its being adapted, is to refer both pro- 
 positions to a committee, with instruc- 
 tions to incorporate them together in one. 
 
 89. So, on the other hand, if the matter 
 of one proposition would be more pro- 
 
 * The above is tlie rule as laid down by Mr. Jeffer- 
 son ( 33), and holds where it is not superseded by a 
 special rule, which is generally the case in our legis- 
 lative assemblies ; as, for example, in the Senate of 
 the United States, the rule is, that in filling blanks, 
 the largest sum and longest time shall be first put. In 
 the House of Commons, in England, the rule estab- 
 lished by usage is, that the smallest sum and the 
 longest time shall be first put. 
 
66 PARLIAMENTARY PRACTICE. 
 
 perly distributed into two, any part of it 
 may be struck out by way of amendment, 
 and put into the form of a new and dis- 
 tinct proposition. But in this, as in the 
 former case, a better mode would gen- 
 erally be to refer the subject to a com- 
 mittee. 
 
 90. In like manner, if a paragraph or 
 section requires to be transposed, a ques- 
 tion must be put on striking it out where 
 it stands, and another for inserting it in 
 the place desired. 
 
 91. The numbers prefixed to the sev- 
 eral sections, paragraphs, -or resolutions, 
 which constitute a proposition, are merely 
 marginal indications, and no part of the 
 text of the proposition itself; and, if nec- 
 essary, they may be altered or regulated 
 by the clerk, without any vote or order of 
 the assembly. 
 
 Sect. IV. Modification or Amendment by 
 the Mover. 
 
 92. The mover of a proposition is some- 
 times allowed to modify it, after it has 
 
MOVER OF A PROPOSITION. 67 
 
 been stated as a question by the presid- 
 ing officer ; but, as this is equivalent to a 
 withdrawal of the motion, in order to sub- 
 stitute another in its place ; and, since, 
 as has already been seen, a motion reg- 
 ularly made, seconded, and proposed, can- 
 not be withdrawn without leave ; it is 
 clear that the practice alluded to rests 
 only upon general consent ; and, that, if 
 objected to, the mover of a proposition 
 must obtain the permission of the as- 
 sembly, by a motion and question, for the 
 purpose, in order to enable him to modify 
 his proposition. 
 
 93. So, too, when an amendment has 
 been regularly moved and seconded, it is 
 sometimes the practice for the mover of 
 the proposition to which it relates to 
 signify his consent to it, and for the 
 the amendment to be thereupon made, 
 without any question being taken upon it 
 by the assembly. As this proceeding, 
 however, is essentially the same with that 
 described in the preceding paragraph, it, 
 of course, rests upon the same foundation, 
 and is subject to the same rule. 
 
68 PARLIAMENTARY PRACTICE. 
 
 Sect. V. General Rules Relating to 
 Amendments. 
 
 94. All amendments, of which a prop- 
 osition is susceptible, so far as form is 
 concerned, may be effected in one of three 
 ways, namely, either by inserting or add- 
 ing certain words ; or by striking out cer- 
 tain words; or by striking out certain 
 words, and inserting or adding others. 
 These several forms of amendment are 
 subject to certain general rules, which, 
 being equally applicable to them all, re- 
 quire to be stated beforehand. 
 
 95. First Eule. "When a proposition 
 consists of several sections, paragraphs, or 
 resolutions, the natural order of consider- 
 ing and amending it is to begin at the be- 
 ginning, and to proceed through it in 
 course by paragraphs ; and when a latter 
 part has been amended, it is not in order 
 to recur back, and make any alteration or 
 amendment of a former part. 
 
 96. Second Rule. Every amendment, 
 which can be proposed, whether by strik- 
 ing out, or inserting, or striking out and 
 
AMENDMENTS. 69 
 
 inserting, is itself susceptible of amend- 
 ment ; but there can be no amendment 
 of an amendment, to an amendment; this 
 would be such a piling of questions one 
 upon another, as would lead to great em- 
 barrassment; and as the line must be drawn 
 somewhere, it has been fixed by usage 
 after the amendment to the amendment. 
 The object, which is proposed to be 
 effected by such a proceeding, must be 
 sought by rejecting the amendment to the 
 amendment, in the form in which it is 
 proposed, and then moving it again in 
 the form in which it is wished to 
 be amended, in which it is only an 
 amendment to an amendment; and in 
 order to accomplish this, he who desires 
 to amend an amendment should give 
 notice, that, if rejected, in the form in 
 which it is presented, he shall move it 
 again in the form in which he desires to 
 have it adopted. 
 
 97. Thus, if a proposition consists of 
 A B, and it is proposed to amend by in- 
 serting C D, it may be moved to amend the 
 amendment by inserting E F ; but it can 
 
70 PARLIAMENTARY PRACTICE. 
 
 not be moved to amend this amendment, 
 as, for example, by inserting G. The only 
 mode, by which this can be reached, is to 
 reject the amendment in the form in which 
 it is presented, namely, to insert E F, and 
 to move it in the form in which it is de- 
 siredtobe amended,namely.to insertEFG. 
 
 98. Third Rule. Whatever is agreed to 
 by the assembly, on a vote, either adopt- 
 ing or rejecting a proposed amendment, 
 cannot be afterwards altered or amended. 
 
 99. Thus, if a proposition consists 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. 
 
 100. Fourth Rule. Whatever is disagreed 
 to by the assembly, on a vote, cannot be 
 afterwards moved again. This rule is the 
 converse of the preceeding, and maybe il- 
 lustrated in the same manner. 
 
AMENDMENTS BY STRIKING OUT. 71 
 
 101. Thus, if it is moved to amend A B 
 by inserting C, and the amendment is re- 
 jected, C cannot be moved again; or, if ifc 
 is moved to .amend A B by striking out B, 
 and the amendment prevails, B cannot be 
 restored; because, in the first case, C, and, 
 in the other, B, have been disagreed to by 
 a vote. 
 
 102. Fifth Rule. The inconsistency or in- 
 compatibility of a proposed amendment 
 with one which has already been adopted, 
 is a fit ground for its rejection by the as- 
 sembly, but not for the suppression of it by 
 the presiding officer, as against order; for, 
 if questions of this nature were allowed 
 to be brought within the jurisdiction of 
 the presiding officer, as matters of order, 
 he might usurp a negative on important 
 modifications, and suppress or embarrass 
 instead of subserving the will of the assem- 
 bly. 
 
 Sect. TI. Amendments by Striking Out. 
 
 103. If an amendment is proposed by 
 striking out a particular paragraph or cer- 
 
72 PAKLIAMENTAKY PRACTICE. 
 
 tain words, and the amendment is rejected, 
 it can not be again moved to strike out the 
 same words or a part of them; but it may 
 be moved to strike out the same words 
 with others, or to strike out a part of the 
 same words with others, provided the co- 
 herence to be struck out, be so substantial 
 as to make these, in fact, different proposi- 
 tions from the former. 
 
 104. Thus, if a proposition consist of 
 A B C D, and it is moved to strike out B C ; 
 if this amendment is rejected ; it cannot be 
 moved again; but it may be moved to strike 
 out A B, or A B C, or B C D or C D. 
 
 105. If an amendment by striking out 
 is agreed to, it cannot be afterwards moved 
 to insert the same words struck out or a 
 part of them ; but it may be moved to in- 
 sert the same words with others, or a part 
 of the same words with others, provided 
 the coherence to be inserted make these 
 propositions substantially different from 
 the first. 
 
 106. Thus, if the proposition A B C D 
 is amended by striking out B 0, it can not 
 be moved to insert B C again ; but it may 
 
AMENDMENTS BY STRIKING OUT. 73 
 
 be moved to insert B C with other words, 
 or B with others or C with others. 
 
 107. When it is proposed to amend by 
 striking out a particular paragraph, it 
 may be moved to amend this amendment, 
 in three different ways, namely, either by 
 striking out a part only of the paragraph, 
 or by inserting or adding words, or by 
 striking out and inserting. 
 
 108. Thus, if it is moved to amend the 
 proposition ABC D, by striking out B 
 C, it may be moved to amend this amend- 
 ment by striking out B only or C only, or 
 by inserting E, or by striking out B or C, 
 and inserting E. 
 
 109. In the case of a proposed amend- 
 ment by striking out, the effect of voting 
 upon it, whether it be decided in the affirm- 
 ative or negative according to the third 
 and fourth rules above mentioned, renders 
 it necessary for those who desire to retain 
 the paragraph to amend it, if any amend- 
 ment is necessary, before the vote is taken 
 on striking out ; as, if struck out, it can- 
 not be restored, and, if retained, it cannot 
 be amended. 
 
74 PARLIAMENTARY PRACTICE. 
 
 110. As an amendment must necessarily 
 be put to the question before the prin- 
 cipal motion ; so the question must be 
 put on an amendment to an amendment 
 before it is put on the amendment ; but, 
 as this is the extreme limit to which mo- 
 tions may be put upon one another, there 
 can be no precedence of one over another 
 among amendments to amendments ; and 
 consequently, they can only be moved, one 
 at a time, or, at all events, must be put to 
 the question in the order in which they 
 are moved. 
 
 111. When a motion for striking out 
 words is put to the question, the parlia- 
 mentary form always is, whether the 
 words shall stand as part of the principal 
 motion, and not whether they shall be 
 struck out. The reason for this form of 
 stating the question probably is, that the 
 question may be taken in the same man- 
 ner on a part as on the whole of the prin- 
 cipal motion ; which would not be the 
 case, if the question was stated on strik- 
 ing out ; inasmuch as the question on the 
 principal motion, when it comes to be 
 
AMENDMENTS BY INSERTING. 75 
 
 stated, will be on agreeing to it, and cot 
 on striking out or rejecting it. Besides, 
 as an equal division of the assembly would 
 produce a different decision of the ques- 
 tion, according to the manner of stating 
 it, it might happen, if the question on the 
 amendment was stated on striking out, 
 that the same question would be decided 
 both affirmatively and negatively by the 
 same vote.* 
 
 112. On a motion to amend by striking 
 out certain words, the manner of stating 
 the question is, first to read the passage 
 proposed to be amended, as it stands ; 
 then the words proposed to be struck out ; 
 and, lastly, the whole passage as it will 
 stand if the amendment is adopted. 
 
 Sect. VII. Amendments by Inserting. 
 
 113. If an amendment is proposed by 
 inserting or adding a paragraph or words, 
 and the amendment is rejected, it cannot 
 be moved again to insert the same words 
 
 * The common, if not the only, mode of stating the 
 question, in the legislative assemblies of this country, 
 is on " striking out." 
 
76 PARLIAMENTARY PRACTICE. 
 
 or a part of them ; but it may be moved 
 to insert the same words with others, or 
 a part of the same words with others, pro- 
 vided the coherence really make them 
 different propositions. 
 
 114. Thus, if it is moved to amend the 
 proposition A B by inserting C D, and 
 the amendment is rejected, C D cannot be 
 again moved ; but it may be moved to in- 
 sert C E, or D E, or C D E. 
 
 115. If it is proposed to amend by in- 
 serting a paragraph, and the amendment 
 prevails, it cannot be afterwards moved 
 to strike out the same words or a part of 
 them ; but it may be moved to strike out 
 the same words with others,* or a part of 
 the same words with others, provided the 
 coherence be such as to make these prop- 
 ositions really different from the first. 
 
 116. Thus, if in the example above sup- 
 posed, the amendment prevails, and C D 
 is inserted it cannot be afterwards moved 
 to strike out C D, but it may be moved to 
 
 * This is the common case of striking out a para- 
 graph, after having amended it by inserting words. 
 
AMENDMENTS BY INSERTING. 77 
 
 strike out A C or A C D, or D B, or 
 CDB. 
 
 117. When it is proposed to amend by 
 inserting a paragraph, this amendment 
 may be amended in three different ways, 
 namely, either by striking out a part of 
 the paragraph ; or by inserting something 
 into it ; or by striking out and inserting. 
 
 118. Thus, if it is proposed to amend 
 A B by inserting C D, this amendment 
 may be amended either by striking out C 
 or D, or inserting E, or by striking out C 
 or D and inserting E. 
 
 119. "When it is proposed to amend by 
 inserting a paragraph, those who are an 
 favor of the amendment should amend it, 
 if necessary, before the question is taken ; 
 because if it is rejected, it cannot be 
 moved again, and, if received, it cannot 
 be amended. 
 
 120. There is no precedence of one over 
 another in amendments to amendments 
 by inserting, any more than in amend- 
 ments to amendments by striking out. 
 
 121. On a motion to amend by insert- 
 ing a paragraph, the manner of stating the 
 
78 PARLIAMENTARY PRACTICE, 
 
 question is, first, to read the passage to be 
 amended, as it stands ; then the words 
 proposed to be inserted ; and lastly, the 
 whole passage as it will stand if the 
 amendment prevails. 
 
 Sect. VIII. Amendments by Striking Out 
 and Inserting. 
 
 122. The third form of amending a prop- 
 osition, namely, by striking out certain 
 words and inserting others in their place, 
 is, in fact, a combination of the other two 
 forms ; and may accordingly be divided 
 into those two forms, either by a vote of 
 the assembly, or on the demand of a mem- 
 ber, under a special rule to that effect.* 
 
 123. If the motion is divided, the ques- 
 tion is first to be taken on striking out ; 
 and if that is decided in the affirmative, 
 then, on inserting ; but if the former is 
 
 *Mr. Jefferson ( xxxv,) says, "the question, if de- 
 sired, is then to be divided," &c. ; but, as he makes no 
 exception of a motion to strike out and insert, when 
 treating of the subject of division, and does not here 
 state it as an exception, he undoubtedly supposes the 
 division in this case to be made in the regular and 
 usual manner. 
 
AMENDMENTS. 79 
 
 decided in the negative, the latter falls, of 
 course. On a division, the proceedings 
 are the same, in reference to each branch 
 of the question, beginning with the strik- 
 ing out, as if each branch had been moved 
 by itself. 
 
 124. If the motion to strike out and in- 
 sert is put to the question undivided, and 
 is decided in the negative, the same mo- 
 tion cannot be made again ; but, it may 
 be moved to strike out the same words, 
 and, 1, insert nothing ; 2, insert other 
 words ; 3, insert the same words with 
 others ; 4, insert a part of the same words 
 with others ; 5, strike out the same words 
 with others, and insert the same ; 6, strike 
 out a part of the same words with others, 
 and insert the same ; 7, strike out other 
 words and insert the same ; and, 8, insert 
 the same words, without striking out any 
 thing. 
 
 125. If the motion to strike out and in- 
 sert is decided in the affirmative, it cannot 
 be then moved to insert the words struck 
 out or a part of them, or to strike out the 
 words inserted, or a part of them ; but, it 
 
80 PAKLIAMENTAKY PKACTICE. 
 
 may be moved, 1, to insert the same words 
 with others; 2, to insert a part of the 
 same words with others ; 3, to strike out 
 the same words with others ; or, 4, to 
 strike out a part of the same words with 
 others. 
 
 126. When it is proposed to amend by 
 striking out and inserting, this amend- 
 ment may be amended in three different 
 ways in the paragraph proposed to be 
 struck out, and also in the paragraph 
 proposed to be inserted, namely, by strik- 
 ing out, or inserting, or striking out and 
 inserting. And those who are in favor of 
 either paragraph must amend it, before 
 the question is taken, for the reasons al- 
 ready stated, namely, that, if decided in 
 the affirmative, the part struck out cannot 
 be restored, nor can the part inserted be 
 amended ; and, if decided in the negative, 
 the part proposed to be struck out cannot 
 be amended, nor can the paragraph pro- 
 posed to be inserted be moved again. 
 
 127. On a motion to amend, by striking 
 out certain words and inserting others, 
 the manner of stating the question is first 
 
AMENDMENTS. 81 
 
 to read the whole passage to be amended, 
 as it stands ; then the words proposed to 
 be struck out ; next those to be inserted ; 
 and, lastly, the whole passage as it will 
 stand when amended. 
 
 Sect. IX. Amendments Changing the 
 Nature of a Question. 
 
 128. The term amendment is in strict- 
 ness applicable only to those changes of 
 a proposition, by which it is improved, 
 that is, rendered more effectual for 'the 
 purpose which it has in view, or made to 
 express more clearly and definitely the 
 sense which it is intended to express. 
 Hence it seems proper, that those only 
 should undertake to amend a proposition, 
 who are friendly to it ; but this is by no 
 means the rule ; when a proposition is 
 regularly moved and seconded, it is in the 
 possession of the assembly, and cannot be 
 withdrawn but by its leave ; it has then 
 become the basis of the future proceed- 
 ings of the assembly, and may be put into 
 any shape, and turned to any purpose, 
 that the assembly may think proper. 
 
82 PARLIAMENTARY PRACTICE. 
 
 129. It is consequently allowable to 
 amsnd a proposition in such a manner as 
 entirely to alter its nature, and to make it 
 bear a sense different from what it was 
 originally intended to bear ; so that the 
 friends of it, as it was first introduced, 
 may themselves be forced to vote against 
 it, in its amended form. 
 
 130. This mode of proceeding is some- 
 times adopted for the purpose of defeat- 
 ing a proposition, by co'mpelling its origi- 
 nal friends to unite with those who are op- 
 posed to it, in voting for its rejection. 
 Thus, in the British House of Commons, 
 Jan. 29, 1765, a resolution being moved, 
 " That a general warrant for apprehend- 
 ing the authors, printers, or publishers of 
 a libel, together with their papers, is not 
 warranted by law, and is an high violation 
 of the liberty of the subject :" it was 
 moved to amend this motion by prefixing 
 the following paragraph, namely : " That 
 in the particular case of libels, it is 
 proper and necessary to fix, by a vote of 
 this house only, what ought to be deemed 
 the law in respect of general warrants ; 
 
AMENDMENTS. 83 
 
 and, for that purpose, at the time when 
 the determination of the legality of such 
 warrants, in the instance of a most sedi- 
 tious and treasonable libel, is actually de- 
 pending before the courts of law, for this 
 house to declare " that a general warrant 
 for apprehending the authors, printers, or 
 publishers of a libel, together ivith their 
 papers, is not warranted by law, and is an 
 high violation of the liberty of the subject. 
 The amendment was adopted, after a long 
 debate, and then the resolution as amend- 
 ed was immediately rejected without a 
 division.* 
 
 131. But sometimes the nature of a 
 proposition is changed by means of 
 amendments, with a view to its adoption 
 
 * This mode of defeating a measure, however, is not 
 always successful. In 1780, Mr. Dunning having 
 made a motion, in the House of Commons, " that, in 
 the opinion of this hou-e, the influence of the crown 
 has increased, is increasing, and ought to be dimin- 
 ished," Dundas, lord-advocate of Scotland, in order 
 to defeat the motion, proposed to amend, by insert- 
 ing, after the words, in ihe opinion of this house, the 
 words it is now necessary to declare that, &c. But this 
 amendment, instead of intimidating the friends of 
 the original motion was at once adopted by them, 
 and the resolution passed as amended. 
 
84 PARLIAMENTARY PRACTICE. 
 
 in a sense the very opposite of what it was 
 originally intended to bear. The follow- 
 ing is a striking example of this mode of 
 proceediDg. In the House of Commons, 
 April 10, 1744, a resolution was moved, 
 declaring, "That the issuing and paying 
 to the Duke of Arembergthe sum of forty 
 thousand pounds, sterling, to put the Aus- 
 trian troops in motion in the year 1742, 
 was a dangerous misapplication of public 
 money, and destructive of the rights of 
 parliament." The object of this reso- 
 lution was to censure the conduct of the 
 ministers ; and the friends of the minis- 
 try, being in a majority, might have voted 
 directly upon the motion and rejected it. 
 But they preferred to turn it into a reso- 
 lution approving of the conduct of min- 
 isters on the occasion referred to ; and 
 it was accordingly moved to amend, by 
 leaving out the words "a dangerous mis- 
 application," &c. to the end of the motion, 
 and inserting instead thereof the words, 
 "necessary for putting the said troops in 
 motion, and of great consequence to the 
 common cause." The amendment being 
 
AMENDMENTS. 85 
 
 adopted, it was resolved (reversing the 
 original proposition) " That the issuing 
 and paying to the Duke of Aremberg the 
 sum of forty thousand pounds, to put the 
 Austrian troops in motion, in the year 
 1742, was necessary for putting the said 
 troops in motion, and of great conse- 
 quence to the common cause." 
 
 132. It is a mode of defeating a propo- 
 sition, somewhat similar to that above 
 mentioned, to carry out or extend the 
 principle of it, by means of amendments, 
 so as to show the inconvenience, absurd- 
 ity, or danger of its adoption, with such 
 evident clearness, that it becomes impos- 
 sible for the assembly to agree to it. 
 Thus, a motion having been made in the 
 House of Commons, " for copies of all the 
 letters written by the lords of the admi- 
 ralty to a certain officer in the navy," it 
 was moved to amend the motion by add- 
 ing these words : " which letters may 
 contain orders, or be relative to orders, 
 not executed, and still subsisting." This 
 amendment being adopted, the motion as 
 amended was unanimously rejected. 
 
86 PARLIAMENTARY PRACTICE. 
 
 133. It will be seen, from the foregoing 
 examples, that as the mover of a proposi- 
 tion is under no restriction as to embracing 
 incongruous matters under the same mo- 
 tion; so, on the other hand, the assembly 
 may engraft upon a motion, by way of 
 amendment, matter which is not only in- 
 congruous with, but entirely opposed to, 
 the motion as originally introduced ; and, 
 in legislative assemblies, it is not unusual 
 to amend a bill by striking out all after 
 the enacting clause, and inserting an en- 
 tirely new bill ; or to amend a resolution 
 by striking out all after the words " Ee- 
 solved that," and inserting a proposition 
 of a wholly different tenor. 
 
 CHAPTEE X. 
 Of the Order and Succession of Questions. 
 
 134. It is a general rule, that, when a 
 proposition is regularly before a deliber- 
 ative assembly for its consideration, no 
 other proposition or motion can regularly 
 be made or arise, so as to take the place 
 
PRIVILEGED QUESTIONS. 87 
 
 of the former, and be first acted upon, un- 
 less it be either, first, a privileged ques* 
 tion ; secondly, a subsidiary question ; or, 
 thirdly, an incidental question or motion. 
 
 135. All these motions take the place 
 of the principal motion, or main question, 
 as it is usually called, and are to be first 
 put to the question; and, among them- 
 selves, also, there are some, which, in like 
 manner, take the place of all the others. 
 Some of these questions merely supersede 
 the principal question, until they have 
 been decided ; and, when decided, whether 
 affirmatively or negatively, leave that 
 question as before. Others of them also 
 supersede the principal question, until 
 they are decided ; and, when decided one 
 way, dispose of the principal question; but, 
 if decided the other way, leave it as before. 
 
 Sect. I. Privileged Questions. 
 
 136. There are certain motions or ques- 
 tions, which, on account of the superior 
 importance attributed to them, either in 
 consequence of a vote of the assembly, or 
 in themselves considered, or of the neces- 
 
88 PARLIAMENTARY PRACTICE. 
 
 sity of the proceedings to which they 
 lead, are entitled to take the place of any 
 other subject or proposition, which may 
 then be under consideration, and to be 
 first acted upon and decided by the as- 
 sembly. These are called privileged ques- 
 tions, because they are entitled to prece- 
 dence over other questions, though they 
 are of different degrees among themselves. 
 Questions of this nature are of three kinds, 
 namely, first, motions to adjourn ; secondly, 
 motions or questions relating to the rights 
 and privileges of the assembly, or of its 
 members individually ; and, thirdly, mo- 
 tions for the orders of the day. 
 
 Adjournment. 
 
 137. A motion to adjourn takes the 
 place of all other questions whatsoever* ; 
 
 * It is commonly said, that a motion to adjourn is 
 always in order, but this is not precisely true. The 
 question of adjournment may, indeed, be moved re- 
 peatedly on the same day ; yet, in strictness, not with- 
 out some intermediate question being proposed, after 
 one motion to adjourn is disposed of, and before the 
 next motion is made for adjourning ; as, for example, 
 an amendment to a pending question, or for the read- 
 ing of some paper. The reason of this is, that, until 
 some other proceeding has intervened, the question 
 already decided id the same as that newly moved. 
 
ADJOURNMENT. 89 
 
 for, otherwise, the assembly might be kept 
 sitting against its will, and for an in- 
 definite time ; but, in order to entitle this 
 motion to precedence, it must be simply 
 to " adjourn," without the addition of any 
 particular day or time. And, as the object 
 of this motion, when made in the midst 
 of some other proceeding, and with a view 
 to supersede a question already proposed, 
 is simply to break up the sitting, it does 
 not admit of any amendment by the ad- 
 dition of a particular day, or in any other 
 manner ; though, if a motion to adjourn 
 is made, when no other business is before 
 the assembly, it may be amended like 
 other questions. 
 
 138. A motion to adjourn is merely, 
 " that this assembly do now adjourn ; " 
 and, if it is carried in the affirmative, the 
 assembly is adjourned to the next sitting 
 day ; unless it has previously come to a 
 vesolution, that, on rising, it will adjourn 
 to a particular day ; in which case, it is 
 adjourned to that day. 
 
 139. An adjournment without day, that 
 is, without any time being fixed for reas- 
 
90 PARLIAMENTARY PRACTICE. 
 
 sembling, would, in the case of any other 
 than a legislative assembly, be equivalent 
 to a dissolution.* 
 
 140. When a question is interrupted by 
 an adjournment, before any vote or ques- 
 tion has been taken upon it, it is thereby 
 removed from before the assembly, and 
 will not stand before it, as a matter of 
 course, at its next meeting, but must be 
 brought forward in the usual way. 
 
 Questions of Privilege. 
 
 141. The questions, next in relative im- 
 portance, and which supersede all others 
 for the time being, except that of adjourn- 
 ment, are those which concern the rights 
 and privileges of the assembly, or of its 
 individual members ; as, for example, 
 when the proceedings of the assembly are 
 disturbed or interrupted, whether by 
 strangers or members ; or where a quar- 
 
 * It is quite common, when the business of a delib- 
 erative assembly has been brought to a close, to 
 adjourn the assembly without day. A better form is 
 to dissolve it ; as an adjournment without day, if we 
 regard the etymology of the word adjourn, is a con- 
 tradiction in terms. 
 
ORDERS OF THE DAT. 91 
 
 rel arises between two members ; and, in 
 these cases, the matter of privilege super- 
 sedes the question pending at the time, 
 together with all subsidiary and inci- 
 dental ones, and must be first disposed of. 
 When settled, the question interrupted 
 by it is to be resumed, at the point where 
 it was suspended. 
 
 Orders of the Day. 
 
 142. When the consideration of a sub- 
 ject has been assigned for a particular 
 day, by an order of the assembly, the 
 matter so assigned is called the order of 
 the day for that day. If, in the course of 
 business, as commonly happens in legis- 
 lative assemblies, there are several sub- 
 jects assigned for the same day, they are 
 called the orders of the day. 
 
 143. A question, which is thus made 
 the subject of an order for its considera- 
 tion on a particular day, is thereby made 
 a privileged question for that day ; the or- 
 der being a repeal, as to this special case, 
 of the general rule as to business. If, 
 
92 PARLIAMENTARY PRACTICE. 
 
 therefore, any other proposition (with the 
 exception of the two preceding) is moved 
 or arises, on the day assigned for the con- 
 sideration of a particular subject, a mo- 
 tion for the order of the day will super- 
 sede the question first made, together 
 with all subsidiary and incidental ques- 
 tions connected with it, and must be first 
 put and decided ; for if the debate or con- 
 sideration of that subject were allowed to 
 proceed, it might continue through the 
 day and thus defeat the order. 
 
 144. But this motion, to entitle it to 
 precedence, must be for the orders gener- 
 ally, if there is more than one, and not for 
 any particular one ; and, if decided in the 
 affirmative, that is, that the assembly will 
 now proceed to the orders of the day, 
 they must then be read and gone through 
 with, in the order in which they stand ; 
 priority of order being considered to give 
 priority cf right. 
 
 145. If the consideration of a subject is 
 assigned for a particular hour on the day 
 named, a motion to proceed to it is not a 
 privileged motion, until that hour has ar- 
 
ORDERS OF THE DAY. 03 
 
 rived ; but, if no hour is fixed, the order is 
 for the entire day and every part of it. 
 
 146. Where there are several orders of 
 the day, and one of them is fixed for a 
 particular hour, if the orders are taken up 
 before that hour, they are to be pro- 
 ceeded with as they stand, until that hour, 
 and then the subject assigned for that 
 hour is the next in order; but, if the or- 
 ders are taken up at that time or after- 
 wards, that particular subject must be 
 considered as the first in order. 
 
 147. If the motion for the orders of the 
 day is decided in the affirmative, the orig- 
 inal question is removed from before the 
 assembly, in the same manner as if it had 
 been interrupted by an adjournment, and 
 does not stand before the assembly, as a 
 matter of course, at its next meeting, but 
 must be renewed in the usual way. 
 
 148. If the motion is decided in the 
 negative, the vote of the assembly is a 
 discharge of the orders, so far as they in- 
 terfere with the consideration of the sub- 
 ject then before it, and entitles that sub- 
 ject to be first disposed of. 
 
94 PARLIAMENT AKY PRACTICE. 
 
 149. Orders of the day, unless pro- 
 ceeded in and disposed of on the day as- 
 signed, fall, of course, and must be re- 
 newed for some other day. It may be 
 provided, however, by a special rule, as 
 in the legislative assemblies of Massachu- 
 setts, that the orders for a particular day 
 shall hold for every succeeding day, until 
 disposed of. 
 
 Sect. II. Incidental Questions. 
 
 150. Incidental questions are such as 
 arise out of other questions, and are con- 
 sequently to be decided before the ques- 
 tions which give rise to them. Of this 
 nature are, first, questions of order ; sec- 
 ond, motions for the reading of papers, 
 etc. ; third, leave to withdraw a motion ; 
 fourth, suspension of a rule ; and, fifth, 
 amendment of an amendment. 
 
 Questions of Order. 
 
 151. It is the duty of the presiding offi- 
 cer of a deliberative assembly, to enforce 
 
QUESTIONS OF ORDER. 95 
 
 the rules and orders of the body over 
 which he presides, in all its proceedings ; 
 and this without question, debate, or de- 
 lay, in all cases, in which the breach of 
 order, or the departure from rule, is mani- 
 fest. It is also the right of every mem- 
 ber, taking notice of the breach of a rule, 
 to insist upon the enforcement of it in the 
 same manner. 
 
 152. But, though no question can be 
 made, as to the enforcement of the rules, 
 when there is a breach or manifest de- 
 parture from them, so long as any mem- 
 ber insists upon their enforcement ; yet 
 questions may and do frequently arise, as 
 to the fact of there being a breach of 
 order, or a violation of the rules in a 
 particular proceeding ; and these ques- 
 tions must be decided before a case can 
 arise for the enforcement of the rules. 
 Questions of this kind are denominated 
 questions of order. 
 
 153. When any question of this nature 
 arises, in the course of any other proceed- 
 ing, it necessarily supersedes the further 
 consideration of the subject out of which 
 
96 PARLIAMENTARY PRACTICE. 
 
 it arises, until that question is disposed 
 of ; then the original motion or proceeding 
 revives, and resumes its former position, 
 unless it has been itself disposed of by 
 the question of order. 
 
 154. When a question of order is raised, 
 as it may be by any one member, it is not 
 stated from the chair, and decided by the 
 assembly, like other questions ; but is de- 
 cided, in the first instance, by the presid- 
 ing officer, without any previous debate 
 or discussion 'by the assembly. If the de- 
 cision of the presiding officer is not satis- 
 factory, any one member may object to it, 
 and have the question decided by the as- 
 sembly. This is called appealing from the 
 decision of the chair. The question is 
 then stated by the presiding officer, on the 
 appeal, namely : shall the decision of the 
 chair stand as the decision of the assembly ? 
 and it is thereupon debated and decided 
 by the assembly, in the same manner as 
 any other question ; except that the pre- 
 siding officer is allowed to take a part in 
 the debate, which, on ordinary occasions, 
 he is prohibited from doing. 
 
BEADING PAPERS. 97 
 
 Reading Papers. 
 
 155. It is, for obvious reasons, a general 
 rule, that, where papers are laid before 
 a deliberative assembly, for its action, 
 every member has a right to have them 
 once read at the table, before he can be 
 compelled to vote on them ; and, conse- 
 quently, when the reading of any paper, 
 relative to a question before the assembly* 
 is called for under this rule, no question 
 need be made as to* the reading ; the pa- 
 per is read by the clerk, under the direc- 
 tion of the presiding officer, as a matter 
 of course. 
 
 156. But, with the exception of papers 
 coming under this rule, it is not the right of 
 any member to read himself, or to have 
 read, any paper, book, or document what- 
 ever, without the leave of the assembly, 
 upon a motion made and a question put 
 for the purpose. The delay and interrup- 
 tion, which would otherwise ensue from 
 reading every paper that might be called 
 for, show the absolute necessity of restrict- 
 ing the rule within the narrowest possible 
 
98 PARLIAMENTAKY PBACTICE. 
 
 limits, consistently with permitting every 
 member to have as much information as 
 possible, on the subjects in reference to 
 which he is about to vote. 
 
 157. When, therefore, a member desires 
 that any paper, book, or document, on the 
 table, whether printed or written (except 
 as above mentioned), should be read for 
 his own information, or that of the as- 
 sembly ; or desires to read any such pa- 
 per, book, or document, in his place, in 
 the course of a debate, or otherwise ; or 
 even to read his own speech which he 
 has prepared beforehand and committed 
 to writing ; in all these cases, if any ob- 
 jection is made, he must obtain leave of 
 the assembly, for the reading, by a mo- 
 tion and vote for the purpose. 
 
 158. When the reading of a paper is 
 evidently for information, and not for de- 
 lay, it is the usual practice for the presid- 
 ing officer to allow of it, unless objection 
 is made, in which case leave must be 
 asked ; and this is seldom refused, where 
 there is no intentional or gross abuse of 
 the time and patience of the assembly. 
 
WITHDRAWAL OF A MOTION. 99 
 
 159. It is not now the practice, as it 
 once was, in legislative assemblies, to 
 read all papers that are presented, espe- 
 cially when they are referred to commit- 
 tees immediately on their presentation ; 
 though the right of every member to in- 
 sist upon one reading is still admitted. It 
 would be impossible, with the amount of 
 business done by legislative bodies, at the 
 present day, to devote much of their time 
 to the reading of papers. 
 
 160. When, in the course of a debate or 
 other proceeding, the reading of a paper 
 is called for, and a question is made upon 
 it, this question is incidental to the form- 
 er, and must be first decided. 
 
 Withdrawal of a Motion. 
 
 161. A motion, when regularly made, 
 seconded, and proposed from the chair, is 
 then in the possession of the assembly, 
 and cannot be withdrawn by the mover, or 
 directly disposed of in any manner, but 
 by vote ; hence, if the mover of a question 
 wishes to modify it, or to substitute a 
 different one in its place, he must obtain 
 
100 PARLIAMENTARY PKACTICE. 
 
 the leave of the assembly for that pur- 
 pose; which leave can only be had, if ob- 
 jection is made, by a motion and question 
 in the usual mode of proceeding. 
 
 162. If this motion is decided in the 
 affirmative, the motion to which it relates 
 is thereby removed from before the as- 
 sembly, as if it had never been moved ; if 
 in the negative, the business proceeds as 
 before. 
 
 Suspension of a Rule. 
 
 163. When any contemplated motion 
 or proceeding is rendered impracticable, 
 by reason of the existence of some special 
 rule by which it is prohibited, it has be- 
 come an established practice in this coun- 
 try, to suspend or dispense with the rule, 
 for the purpose of admitting the proceed- 
 ing or motion which is desired. This can 
 only be done by a motion and question ; 
 and, where this course is taken in order to 
 a motion having reference to a proposition 
 then under consideration, a motion to sus- 
 pend the rule supersedes the original 
 
AMENDMENT OF AMENDMENTS. 101 
 
 question for the time being, and is first to 
 be decided. 
 
 164. It is usual, in the code of rules 
 adopted by deliberative assemblies, and 
 especially legislative bodies, to provide 
 that a certain number exceeding a majority, 
 as two thirds or three fourths,shall be com- 
 petent to the suspension of a rule in a par- 
 ticular case ; where this is not provided, 
 there seems to be no other mode of sus- 
 pending or dispensing with a rule than by 
 general consent. 
 
 Amendment of Amendments. 
 
 165. In treating of amendments, it has 
 already been seen, that it is allowable to 
 amend a proposed amendment ; and that 
 the question on such sub-amendment 
 must necessarily be put and decided be- 
 fore putting the question on the amend- 
 ment. The former is incidental to the lat- 
 ter, and supersedes it for the time being. 
 
 Sect. III. Subsidiary Questions. 
 
 166. Subsidiary, or secondary, ques- 
 tions or motions, as has already been 
 
1(J2 PABlJlA'alflNTAKY PRACTICE. 
 
 stated, are those which relate to a princi- 
 pal motion, and are made use of to enable 
 the assembly to dispose of it in the most 
 appropriate manner. These motions have 
 the effect to supersede, and, in some cases, 
 when decided one way, to dispose of, the 
 principal question. They are also of dif- 
 ferent degrees among themselves, and, ac- 
 cording to their several natures, super- 
 sede, and sometimes dispose of, one an- 
 other. 
 
 167. The subsidiary motions in com- 
 mon use are the following, namely : lie 
 on the table, the previous question, 
 postponement, either indefinite or to a day 
 certain, commitment, and, amendment. 
 
 168. It is a general rule, with certain 
 exceptions which will be immediately 
 mentioned, that subsidiary motions can 
 not be applied to one another ; as, for ex- 
 ample, suppose a motion to postpone, 
 commit or amend a principal question, it 
 can not be moved to suppress the motion 
 to postpone, &c., by putting a previous 
 question on it ; or, suppose the previous 
 question is moved, or a commitment, or 
 
SUBSIDIARY QUESTIONS. 103 
 
 amendment, of a main question, it can 
 not be moved, to postpone the previous 
 question, or the motion for commitment or 
 amendment. The reasons for this rule 
 are : 1. It would be absurd to separate the 
 appendage from its principal ; 2. It would 
 be a piling of questions one on another, 
 which, to avoid embarrassment, is not al- 
 lowed; and 3. The same result may be 
 reached more simply by voting against the 
 motion which it is attempted to dispose 
 of by another secondary motion. 
 
 169. The exceptions to the rule above 
 stated are, that motions to postpone 
 (either to a day certain or indefinitely), to 
 commit, or to amend, a principal question, 
 may be amended, for the reason, that the 
 useful character of amendment gives it a 
 privilege of attaching itself to a second- 
 ary and privileged motion ; that is, a 
 subsidiary motion to carry out and im- 
 prove another may be applied to that 
 other, but a subsidiary motion to dispose 
 of or suppress another is not admissible. 
 Hence, the subsidiary motions above men- 
 tioned may be amended, 
 
104 PARLIAMENTARY PRACTICE. 
 
 170. A previous question, however, 
 can not be amended ; the nature of it not 
 admitting of any change. Parliamentary 
 usage has fixed its form to be, shall the 
 main question be now put ? that is, at this 
 instant; and, as the present instant is but 
 one, it cannot admit of any modification ; 
 and to change it to the next day or any 
 other moment is without example or utili- 
 ty. For the same reasons, also, that the 
 form of it is fixed by parliamentary usage, 
 and is already as simple as it can be, a 
 motion to lie on the table cannot be 
 amended. 
 
 Lie on the Table. 
 
 171. This motion is usually resorted to, 
 when the assembly has something else be- 
 fore it which claims its present attention, 
 and therefore desires to lay aside a propo- 
 sition for a short but indefinite time, 
 reserving to itself the power to take it up 
 when convenient. This motion takes pre- 
 cedence of and supersedes all the other 
 subsidiary motions. 
 
PREVIOUS QUESTION. 105 
 
 172. If decided in the affirmative, the 
 principal motion, together with all the 
 other motions, subsidiary and incidental, 
 connected with it, is removed from before 
 the assembly, until it is again taken up ; 
 which it may be, by motion and vote, at 
 any time, when the assembly pleases. 
 
 173. If decided in the negative, the 
 business proceeds in the same manner as 
 if the motion had never been made. 
 
 Previous Question. 
 
 174. This motion has already been 
 described (63), and the nature and effect 
 of it fully stated. It stands in an equal 
 degree with all the other subsidiary mo- 
 tions, except the motion to lie on the table ; 
 and, consequently, if first moved, is not 
 subject to be superseded by a motion to 
 postpone, commit or amend. 
 
 175. If the previous question is moved 
 before the others above mentioned, and 
 put to the question, it has the effect to 
 prevent those motions from being made 
 at all; for, if decided affirmatively, to 
 wit, that the main question shall now be 
 
106 PAKLIAMENTAKY PRACTICE. 
 
 put, it would of course be contrary to the 
 decision of the assembly, and therefore 
 against order, to postpone, commit or 
 amend ; and if decided negatively, to wit, 
 that the main question shall not now be 
 put, this takes the main question out of 
 the possession of the assembly, for the 
 day, so that there is then nothing before 
 it to postpone, commit, or amend.* 
 
 Postponement. 
 
 176. The motion to postpone is either 
 indefinite, or to a day certain ; and, in 
 both these forms, may be amended ; in 
 the former, by making it to a day certain, 
 in the latter, by substituting one day 
 for another. But, in the latter case, propo- 
 sitions to substitute different days for 
 that originally named, bear more resem- 
 blance to propositions for filling blanks, 
 
 . * In the house of representatives of Massachusetts, 
 as the effect of a negative decision of the previous 
 question is not to remove the principal question from 
 before the house, that question is still open to post- 
 ponement, commitment, or amendment, notwith- 
 standing such negative decision. 
 
POSTPONEMENT. 107 
 
 than they do to amendments, and should 
 be considered and treated accordingly. 
 
 177. If, therefore, a motion is made 
 for an indefinite postponement, it may be 
 moved to amend the motion, by making it 
 to a day certain. If any other day is de- 
 sired, it may be moved as an amendment 
 to the amendment ; or it may be moved as 
 an independent motion, when the amend- 
 ment has been rejected. 
 
 [In some deliberative bodies the cus- 
 tom is different. Motions for indefinite 
 postponement can not be amended, be- 
 cause it is not allowable to change one 
 form of question into another.] 
 
 178. If a motion is made for a post- 
 ponement to a day certain, it may be 
 amended by the substitution of a differ- 
 ent day ; but in this case, a more simple 
 and effectual mode of proceeding is to 
 consider the day as a blank, to be filled 
 in the usual manner, beginning with the 
 longest time. 
 
 179. This motion stands in the same 
 degree with motions for the previous ques- 
 tion, to commit, and to amend ; and, 
 
108 PARLIAMENTARY PRACTICE. 
 
 if first made, is not susceptible of being 
 superseded by them. 
 
 180. If a motion for postponement is 
 decided affirmatively, the proposition to 
 which it is applied is removed from be- 
 fore the assembly, with all its appendages 
 and incidents, and consequently there is 
 no ground for either of the other sub- 
 sidiary motions ; if decided negatively, 
 that the proposition shall not be post- 
 poned, that question may then be sup- 
 pressed by the previous question, or com- 
 mitted, or amended. 
 
 Commitment. 
 
 181. A motion to commit, or recommit 
 (which is the term used when the propo- 
 sition has already been once committed), 
 may be amended, by the substitution of 
 one kind of committee for another, or by 
 enlarging or diminishing the nftftbeT of 
 the members of the committee, as origi- 
 nally proposed, or by instructions to the 
 committee. 
 
 182. This motion stands in the same 
 degree with the previous question and 
 
AMENDMENT. 109 
 
 postponement and, if first made, is not 
 superseded by them but it takes preced- 
 ence of a motion to amend. 
 
 183. If decided affirmatively, the pro- 
 position is removed from before the as- 
 sembly ; and, consequently, there is no 
 ground for the previous question, or for 
 postponement, or amendment ; if nega- 
 tively, to wit, that the principal question 
 shall not be committed, that question may 
 then be suppressed by the previous ques- 
 tion, or postponed, or amended. 
 
 Amendment. 
 
 184. A motion to amend, as has been 
 seen, may be itself amended. It stands 
 in the same degree only with the pre- 
 vious question and indefinite postpone- 
 ment, and neither, if first moved, is super- 
 seded by the other. 
 
 185. But this motion is liable to be 
 superseded by a motion to postpone to a 
 day certain ; so that amendment and post- 
 ponement competing, the latter is to be 
 first put. The reason is, that a question 
 for amendment is not suppressed by post- 
 
110 PARLIAMENT AET PRACTICE. 
 
 poning or adjourning the principal ques- 
 tion, but remains before the assembly, 
 whenever the main question is resumed ; 
 for otherwise, it might happen, that the 
 occasion for other urgent business might 
 go by and be lost by length of debate on 
 the amendment, if the assembly had no 
 power to postpone the whole subject. 
 
 186. A motion to amend may also be 
 superseded by a motion to commit ; so 
 that the latter, though subsequently 
 moved, is to be first put ; because, " in 
 truth, it facilitates and befriends the mo- 
 tion to amend." 
 
 187. The effect of both a negative and 
 an affirmative decision of amendments has 
 already been considered (94 to 127). 
 
 CHAPTEK XL 
 Of the Order of Proceeding. 
 
 188. When several subjects are before 
 the assembly, that is, on their table for 
 consideration (for there can be but a sin- 
 gle subject under consideration at the 
 
OEDEB OF BUSINESS. Ill 
 
 same time), and no priority has been given 
 to any one over another, the presiding 
 officer is not precisely bound to any order, 
 as to what matters shall be first taken up ; 
 but is left to his own discretion, unless 
 the assembly on a question decide to take 
 up a particular subject. 
 
 189. A settled order of business, how- 
 ever, where the proceedings of an assem- 
 bly are likely to last- a considerable time, 
 and the matters before it are somewhat 
 numerous, is useful if not necessary for 
 the government of the presiding officer, 
 and to restrain individual members from 
 calling up favorite measures, or matters 
 under their special charge, out of their 
 just time. It is also desirable, for direct- 
 ing the discretion of the assembly, when a 
 motion is made to take up a particular 
 matter, to the prejudice of others, which 
 are of right entitled to be first attended 
 to, in the general order of business. 
 
 190. The order of business may be es- 
 tablished in virtue of some general rule, 
 or by special orders relating to each par- 
 ticular subject ; and must, of course, nee- 
 
112 PAKLIAMENTAKY PKACTICE. 
 
 essarily depend upon the nature and 
 amount of the matters before the assem- 
 bly. 
 
 191. The natural order, in considering 
 and amending any paper, which consists 
 of several distinct propositions, is, to be- 
 gin at the beginning, and proceed through 
 it by paragraphs ; and this order of pro- 
 ceeding, if strictly adhered to, as it should 
 always be in numeraus assemblies, would 
 prevent any amendment in a former part, 
 
 from being admissible, after a latter part 
 had been amended ; but this rule does not 
 seem to be so essential to be observed in 
 smaller bodies, in which it may often be 
 advantageous to allow of going from one 
 part of a paper to another, for the purpose 
 of amendments. 
 
 192. To this natural order of beginning 
 at the beginning, there is one exception 
 according to parliamentary usage, where 
 a resolution or series of resolutions, or 
 other paper, has a preamble or title ; in 
 which case the preamble or title is post- 
 poned, until the residue of the paper is 
 gone through with. 
 
OREER OF PROCEEDING. 113 
 
 193. In considering a proposition con- 
 sisting of several paragraphs, the course 
 is, for the whole paper to be read entirely 
 through, in the first place, by the clerk ; 
 then, a second time, by the presiding offi- 
 cer, by paragraphs ; pausing at the end of 
 each, and putting questions for amending, 
 if amendments are proposed ; and, when 
 the whole paper has been gone through 
 with, in this manner, the presiding officer 
 puts the final question on agreeing to or 
 adopting the whole paper, as amended, or 
 unamended. 
 
 194. When a paper, which has been re- 
 ferred to a committee, and reported back 
 to the assembly, is taken up for consider- 
 ation, the amendments only are first read, 
 in course, by the clerk. The presiding 
 officer then reads the first, and puts it to 
 the question, and so on until the whole 
 are adopted or rejected, before any other 
 amendment is admitted, with the excep- 
 tion of an amendment to an amendment. 
 When the amendments reported by the 
 committee have been thus disposed of, the 
 presiding officer pauses, and gives time 
 
114 PARLIAMENT AKY PKACTICE, 
 
 for amendments to be proposed in the as- 
 sembly to the body of the paper (which he 
 also does, if the paper has been reported 
 without amendments, putting no questions 
 but on amendments proposed) ; and when 
 through the whole, he puts the question 
 on agreeing to or adopting the paper, as 
 the resolution, order, &c., of the assembly. 
 
 195. The final question is sometimes 
 stated merely on the acceptance of the 
 report, but a better form is on agreeing 
 with the committee in the resolution, or- 
 der, or whatever else the conclusion of 
 the report may be, as amended, or with- 
 out amendment ; and the resolution or 
 order is then to be entered in the journal 
 as the resolution, &c., of the assembly, 
 and not as the report of the committee 
 accepted. 
 
 196. When the paper referred to a com- 
 mittee is reported back, as amended, in a 
 new draft (which may be and often is 
 done, where the amendments are numer- 
 ous and comparatively unimportant), the 
 new draft is to be considered as an amend- 
 ment, and is to be first amended, if neces- 
 
QUESTIONS AND MOTIONS. 115 
 
 sary, and then put to the question as an 
 amendment reported by the committee ; 
 or, the course may be, first to accept the 
 new draft, as a substitute for the original 
 paper, and then to treat it as such. 
 
 197. It often happens, that, besides a 
 principal question, there are several oth- 
 ers connected with it, pending at the same 
 time, which are to be taken in their order; 
 as, for example, suppose, first, a principal 
 motion ; second, a motion to amend ; third, 
 a motion to commit ; fourth, the preceding 
 motions being pending, a question of order 
 arises in the debate, which gives occasion, 
 fifth, to a question of privilege, and this 
 leads, sixth, to a subsidiary motion, as, to 
 lie on the table. The regular course of 
 proceeding requires the motion to lie on 
 the table to be first put ; if this is nega- 
 tived, the question of privilege is then 
 settled; after that comes the question of 
 order ; then the question of commitment ; 
 if that is negatived, the question of amend- 
 ment is taken ; and, lastly, the main ques- 
 tion. This example will sufficiently illus- 
 trate the manner in which questions may 
 
116 PABLIAMENTAKY PRACTICE. 
 
 grow out of one another, and in what 
 order they are to be decided.* 
 
 198. When a motion is made and sec- 
 onded, it is the duty of the presiding offi- 
 cer to propose it to the assembly ; until 
 this is done, it is not a question before 
 the assembly, to be acted upon or consid- 
 ered in any manner ; and consequently it 
 is not then in order for any member to 
 rise either to debate it, or to make any 
 motion in relation to it whatever. 
 
 199. It is therefore a most unparlia- 
 mentary and abusive proceeding to allow 
 a principal motion and a subsidiary one 
 relating to it to be proposed and stated 
 together, and to be put to the question in 
 their order ; as is done when a member 
 moves a principal question, a resolution, 
 for example, and, at the same time, the 
 previous question, or that the resolution 
 lie on the table. In such a case, the pre- 
 siding officer should take no notice what- 
 ever of the subsidiary motion, but should 
 
 * The order of motions, for the disposal of any ques- 
 tion, is usually fixed by a special rule, in legislative 
 assemblies. See note to paragraph 61. 
 
QUESTION OF ORDER. 117 
 
 propose the principal one by itself in the 
 usual manner, before allowing any other 
 to be made. Other members, then, would 
 not be deprived of their rights of debate, 
 &c., in relation to the subject moved. 
 
 200, When a member has obtained the 
 floor, he cannot be cut off from addressing 
 the assembly, on the question before it ; 
 nor, when speaking, can he be interrupted 
 in his speech, by any other member rising 
 and moving an adjournment, or for the 
 orders of the day, or by making any other 
 privileged motion of the same kind ; it 
 being a general rule, that a member in 
 possession of the floor, or proceeding with 
 his speech, cannot be taken down or in- 
 terrupted, but by a call to order ; and the 
 question of order being decided, he is still 
 to be heard through. A call for an ad- 
 journment, or for the orders of the day, 
 or for the question, by gentlemen in their 
 seats, is not a motion ; as no motion can 
 be made, without rising and addressing 
 the chair, and being called to by the pre- 
 siding officer. Such calls for the ques- 
 tion are themselves breaches of order, 
 
118 PAKLIAMENTAKY PBACTICE. 
 
 which, though the member who has risen 
 may respect them, as an expression of the 
 impatience of the assembly at further de - 
 bate, do not prevent him from going on if 
 he pleases. 
 
 CHAPTEE XII. 
 Of Order in Debate. 
 
 201. Debate in a deliberative assembly 
 must be distinguished from forensic de- 
 bate, or that which takes place before a 
 judicial tribunal ; the former being, in 
 theory, at least, more the expression of 
 individual opinions among the members 
 of the same body ; the latter more a con- 
 test for victory, between the disputants, 
 before a distinct and independent body ; 
 the former not admitting of replies ; the 
 latter regarding reply as the right of one 
 of the parties.* 
 
 * An exception to this rule is sometimes made in 
 favor of the mover of a question, who is allowed, at 
 the close of the debate, to reply to the arguments 
 brought against his motion ; but this is a matter of 
 favor and indulgence, and not of right. 
 
MANNER OF SPEAKING. 119 
 
 202. It is a general rule, in all delibera- 
 tive assemblies, that the presiding officer 
 shall not participate in the debate, or 
 other proceedings, in any other capacity 
 than as such officer. He is only allowed, 
 therefore, to state matters of fact within 
 his knowledge ; to inform the assembly 
 on points of order or the course of pro- 
 ceeding, when called upon for that pur- 
 pose, or when he finds it necessary to do 
 so ; and on appeals from his decision on 
 questions of order, to address the assem- 
 bly in debate. 
 
 Sect. I. As to the Manner of Speaking. 
 
 203. When a member desires to address 
 the assembly, on any subject before it (as 
 well as to make a motion), he is to rise 
 and stand up in his place, uncovered, and 
 to address himself not to the assembly, 
 or any particular member, but to the pre- 
 siding officer, who, on hearing him, calls 
 to him by his name, that the assembly 
 may take notice who it is that speaks, 
 and give their attention accordingly, If 
 
120 PAKLIAMENTAKY PRACTICE. 
 
 any question arises, as to who shall be 
 entitled to the floor, where several mem- 
 bers rise at or nearly at the same time, 
 it is decided in the manner already de- 
 scribed (46), as to obtaining the floor to 
 make a motion. 
 
 204. It is customary, indeed, for the 
 presiding officer, after a motion has been 
 made, seconded, and proposed, to give the 
 floor to the mover,* in preference to 
 others, if he rises to speak ; or, on resum- 
 ing a debate, after an adjournment, to 
 give the floor, if he desires it, to the 
 mover of the adjournment, in preference 
 to other members ; or, where two or more 
 members claim the floor, to prefer him 
 who is opposed to the measure in ques- 
 tion ; but, in all these cases, the deter- 
 mination of the presiding officer may be 
 overruled by the assembly. 
 
 205. It is sometimes thought, that, 
 
 * Sometimes a member, instead of proposing his 
 motion, at first, proceeds with his speech ; but in 
 such a case, he is liable to be taken down to order, 
 unless he states that he intends to conclude with a 
 motion, and informs the assembly what that motion 
 is, and then he m&y be allowed to proceed. 
 
MANNER OF SPEAKING. 121 
 
 when a member, in the course of debate, 
 breaks off his speech and gives up the 
 floor to another for a particular purpose, 
 he is entitled to it again, as of right, when 
 that purpose is accomplished ; but, though 
 this is generally conceded, yet, when a 
 member gives up the floor for one pur- 
 pose, he does so for all ; and it is not pos- 
 sible for the presiding officer to take no- 
 tice of and enforce agreements of this 
 nature between members. 
 
 206. No person, in speaking, is to men- 
 tion a member then present by his name ; 
 but to describe him by his seat in the 
 assembly, or as the member who spoke 
 last, or last but one, or on the other side 
 of the question, or by some other equiva- 
 lent expression. The purpose of this rule 
 is to guard as much as possible against 
 the excitement of all personal feeling, 
 either of favor, or of hostility, by separat- 
 ing, as it were, the official from the per- 
 sonal character of each member, and 
 having regard to the former only in the 
 debate. 
 
 207. If the presiding officer rises up to 
 
122 PARLIAMENTARY PRACTICE. 
 
 speak, any other member, who may have 
 risen for the same purpose, ought to sit 
 down, in order that the former may be 
 first heard ; but this rule does not author- 
 ize the presiding officer to interrupt a 
 member, whilst speaking, or to cut off one 
 to whom he has given the floor ; he must 
 wait like other members until such mem- 
 ber has done speaking. 
 
 208. A member, whilst speaking, must 
 remain standing in his place, uncovered ; 
 and, when he has finished his speech, he 
 ought to resume his seat ; but if unable 
 to stand without pain or inconvenience, in 
 consequence of age, sickness, or other in- 
 firmity, he may be indulged to speak sit- 
 ting. 
 
 Sect. II. As to the Matter in Speaking. 
 
 209. Every question, that can be made 
 in a deliberative assembly is susceptible 
 of being debated, * according to its nat- 
 ure ; that is, every member has the right 
 
 * In legislative bodies, it is usual to provide that 
 certain questions, as, for example, to adjourn, to lie 
 on the table, for the previous question, or, as to the 
 order of business, shall be decided without debate. 
 
MATTER IN SPEAKING. 123 
 
 of expressing his opinion upon it. Hence, 
 it is a genera] rule, and the principal one 
 relating to this matter, that, in debate, 
 those who speak are to confine themselves 
 to the question, and not to speak imperti- 
 nently, or beside the subject. So long as 
 a member has the floor, and keeps within 
 the rule, he may speak for as long a time 
 as he pleases ; though, if an uninteresting 
 speaker trespasses too much upon the 
 time and patience of the assembly, the 
 members seldom fail to show their dis- 
 satisfaction in some way or other, which 
 induces him to bring his remarks to a 
 close. 
 
 210. It is also a rule, that no person, 
 in speaking, is to use indecent language 
 against the proceedings of the assembly, 
 or to reflect upon any of its prior deter- 
 minations, unless he means to conclude 
 his remarks with a motion to rescind such 
 determination; but while a proposition 
 under consideration is still pending, and 
 not adopted, though it may have been re- 
 ported by a committee, reflections on it 
 are no reflections on the assembly. The 
 
124 PARLIAMENTARY PRACTICE. 
 
 rule applies equally to the proceedings of 
 committees; which are, indeed, the pro- 
 ceedings of the assembly. 
 
 211. Another rule in speaking is, that 
 no member is at liberty to digress from 
 the matter of the question, to fall upon 
 the person of another, and to speak re- 
 viling, nipping, or unmannerly words of 
 or to him. The nature or consequences 
 of a measure may be reprobated in strong 
 terms; but to arraign the motives of those 
 who advocate it, is a personality and 
 against order. 
 
 212. It is very often an extremely diffi- 
 cult and delicate matter to decide whether 
 the remarks of a member are pertinent or 
 relevant to the question ; but it will, in 
 general, be safe for the presiding officer 
 to consider them so, unless they very 
 clearly reflect, in an improper manner, 
 either upon the person or motives of a 
 member, or upon the proceedings of the 
 assembly; or the member speaking di- 
 gresses from or manifestly mistakes the 
 question. 
 
 213. It often happens in the considera- 
 
MATTER IN SPEAKING. 125 
 
 tion of a subject, tliat, whilst the general 
 question remains the same, the particular 
 question before the assembly is constantly 
 changing; thus, while, for example, the 
 general question is on the adoption of a 
 series of resolutions, the particular ques- 
 tion may, at one moment be on an amend- 
 ment ; at another on, postponement ; and, 
 again, on the previous question. In all 
 these cases, the particular question super- 
 sedes, for the time, the main question; 
 and those who speak to it must confine 
 their remarks accordingly. The enforce- 
 ment of order, in this respect, requires 
 the closest attention on the part of the 
 presiding officer. 
 
 214. When a member is interrupted by 
 the presiding officer, or called to order by 
 a member, for irrelevancy or departing 
 from the question, a question may be 
 made as to whether he shall be allowed 
 to proceed in his remarks, in the manner 
 he was speaking when he was interrupted; 
 but if no question is made, or if one is 
 made and decided in the negative, he is 
 still to be allowed to proceed in order, 
 
123 PABLIAMENTARY PRACTICE. 
 
 that is, abandoning the objectionable 
 course of remark. 
 
 Sect. III. As to Times of Speaking. 
 
 215. The general rule in all delibera- 
 tive assemblies, unless it is otherwise 
 specially provided, is, that no member 
 shall speak more than once to the same 
 question;* although the debate on that 
 question may be adjourned and continued 
 through several days; and although a 
 member, who desires to speak a second 
 time, has in the course of the debate, 
 changed his opinion. 
 
 216. This rule refers to the same ques- 
 tion, technically considered ; for, if a reso- 
 lution is moved and debated, and then 
 referred to a committee, those who speak 
 on the introduction of the motion may 
 speak again on the question presented by 
 the report of the committee, though it is 
 substantially the same question with the 
 
 * The mover and seconder, if they do not speak to 
 the question, at the time when the motion is made 
 and seconded, have the same right with other mem- 
 bers to address the assembly. 
 
TIME OF SPEAKING. 127 
 
 former ; and, so, members, who have 
 spoken on the principal or main question, 
 may speak again on all the subsidiary or 
 incidental questions arising in the course 
 of the debate. 
 
 217. The rule, as to speaking but once 
 on a question, if strictly enforced, will 
 prevent a member from speaking a second 
 time without the general consent of the 
 assembly, so long as there is any other 
 member who himself desires to speak ; 
 but, when all who desire to speak have 
 spoken, a member may speak a second 
 time by leave of the assembly. 
 
 218. A member may also be permitted 
 to speak a second time, in the same de- 
 bate, iii order to clear a matter of fact ; 
 or merely to explain himself in some ma- 
 terial part of his speech ; or to the orders 
 of the assembly, if they be transgressed 
 (although no question may be made), but 
 carefully keeping within that line and not 
 falling into the matter itself. 
 
 219. It is sometimes supposed, that, 
 because a member has a right to explain 
 himself, he therefore has a right to inter- 
 
128 PARLIAMENTARY PRACTICE. 
 
 rupt 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 relinquishes 
 it altogether. 
 
 Sect. IV. As to Stopping Debate. 
 
 220. The only mode in use, in this 
 country, until recently, for the purpose of 
 putting an end to an unprofitable or tire- 
 some debate, was by moving the previous 
 question; the effect of which motion as 
 already explained, if decided in the affir- 
 mative, is to require the main or principal 
 question to be immediately taken. When 
 this question is moved, therefore, it nec- 
 essarily suspends all further consideration 
 of the main question, and precludes all 
 further debate or amendment of it; 
 though, as has been seen, it stands in the 
 same degree with postponement, amend- 
 ment, and commitment ; and, unless in 
 virtue of a special rule, cannot be moved 
 while either of these motions is pending. 
 
STOPPING DEBATE. 129 
 
 221. The other mode of putting an end 
 to debate, which has recently been intro- 
 duced into use, is for the assembly to 
 adopt before-hand a special order in ref- 
 erence to a particular subject, that, at such 
 a time specified, all debate upon it shall 
 cease, and all motions or questions pend- 
 ing in relation to it shall be decided. 
 
 222. Another rule, which has lately 
 been introduced for the purpose of short- 
 ening rather than stopping debate, is, that 
 no member shall be permitted to speak 
 more than a certain specified time on any 
 question ; so that, when the time allotted 
 has expired, the presiding officer an- 
 nounces the fact, and the member speak- 
 ing resumes his seat. 
 
 [A few years since, a rule was adopted, 
 by the British House of Commons 
 (termed " Closure)", that debate may be 
 closed at any time by a majority vote, if 
 the discussion leads to disorder in the 
 House, or hinders its business. When 
 debate is so closed the question may be 
 immediately decided by the House. The 
 U. S. Congress has recently adopted 
 
130 PARLIAMENTARY PRACTICE. 
 
 measures which insure prompt action 
 upon a motion, after reasonable debate. 
 A motion to limit speakers, as to time, in 
 debate must be seconded and a vote taken 
 without debate. 
 
 In societies and most deliberative as- 
 semblies it is in the interests of harmony 
 to require a two- thirds vote to cut off de- 
 bate, but in Congress, where by a general 
 rule, speakers are entitled to the floor for 
 an hour, a motion to cut off debate pre- 
 vails by the vote of a bare majority.] 
 
 Sect. V. As to Decorum in Debate. 
 
 223. Every member having the right to 
 be heard, every other member is bound to 
 conduct himself in such a manner, that 
 this right may be effectual. Hence, it is 
 a rule of order, as well as of decency, that 
 no member is to disturb another in his 
 speech by hissing, coughing, spitting; by 
 speaking, or whispering; by passing be- 
 tween the presiding officer and the mem- 
 ber speaking ; by going across the assem- 
 bly-room, or walking up and down in it ; 
 or by any other disorderly deportment, 
 
DECOKUM IN DEBATE. 131 
 
 which tends to disturb or disconcert a 
 member who is speaking. 
 
 224. But, if a member speaking finds, 
 that he is not regarded with that respect- 
 ful attention, which his equal right de- 
 mands, that it is not the inclination of 
 the assembly to hear him, and that by 
 conversation or any other noise they en- 
 deavor to droTvn his voice, it is his most 
 prudent course to submit himself to the 
 pleasure of the assembly, and to sit down ; 
 for it scarcely ever happens, that the 
 members of an assembly are guilty of 
 this piece of ill manners, without some 
 excuse or provocation, or that they are so 
 wholly inattentive to one, who says any- 
 thing worth their hearing. 
 
 225. It is the duty of the presiding offi- 
 cer, in such a case, to endeavor to reduce 
 the assembly to order and decorum ; but, 
 if his repeated calls to order, and his ap- 
 peals to the good sense and decency of 
 the members, prove ineffectual, it then be- 
 comes his duty to call by name any mem- 
 ber who obstinately persists in irregular- 
 ity ; whereupon the assembly may require 
 
132 PARLIAMENTARY PRACTICE. 
 
 such member to withdraw ; who is then 
 to be heard, if he desires it, in exculpa- 
 tion, and to withdraw ; then the presiding 
 officer states the offence committed, and 
 the assembly considers of the kind and de- 
 gree of punishment to be inflicted. 
 
 226. If, on repeated trials, the presid- 
 ing officer finds that the assembly will not 
 support him in the exercise of his author- 
 ity, he will then be justified, but not till 
 then, in permitting, without censure, every 
 kind of disorder. 
 
 Sect. VI. As to Disorderly Words. 
 
 227. If a member, in speaking, makes 
 use of language, which is personally offen- 
 sive to another, or insulting to the assem- 
 bly, and the member offended, or any 
 other, thinks proper to complain of it to 
 the assembly, the course of proceeding is 
 as follows : 
 
 228. The member speaking is immedi- 
 ately interrupted in the course of his 
 speech, by another or several members 
 rising and calling to order; and, the 
 member, who objects or complains of the 
 
DISORDERLY WORDS. 133 
 
 words, is then called upon by the presid- 
 ing officer to state the words which he 
 complains of, repeating them exactly as 
 he conceives them to have been spoken, 
 in order that they may be reduced to 
 writing by the clerk ; or the member com- 
 plaining, without being so called upon, 
 may proceed at once to state the words 
 either verbally or in writing, and desire 
 that the clerk may take them down at the 
 table. The presiding officer may then di- 
 rect the clerk to take them down ; but if 
 he sees the objection to be a trivial one, 
 and thinks there is no foundation for their 
 being thought disorderly, he will pru- 
 dently delay giving any such directions, 
 in order not unnecessarily to interrupt 
 the proceedings ; though if the members 
 generally see'm to be in favor of having 
 the words taken down, by calling out to 
 that effect, or by a vote, which the assem- 
 bly may doubtless pass, the presiding 
 officer should certainly order the clerk to 
 take them down, in the form and manner 
 in which they are stated by the member 
 who objects. 
 
134: PARLIAMENT AKY PEACTICE. 
 
 229. The words objected to being thus 
 written down, and forming a part of the 
 minutes in the clerk's book, they are next 
 to be read to the member who was speak- 
 ing, who may deny that those are the 
 words which he spoke, in which case the 
 assembly must decide by a question, 
 whether they are the words or not.* If 
 he does not deny that he spoke those 
 words, or when the assembly has itself 
 determined what the words are, then the 
 member may either justify them, or ex- 
 plain the sense in which he used them, 
 so as to remove the objection of their 
 being disorderly ; or he may make an 
 apology for them. 
 
 230. If the justification, or explana- 
 tion, or apology, of the member, is thought 
 sufficient by the assembly, no further pro- 
 ceeding is necessary; the member may re- 
 sume and go on with his speech, the 
 assembly being presumed, unless some 
 further motion is made, to be satisfied; 
 
 * The words, as written down, may be amended, so 
 as to conform to what the assembly thinks to be the 
 truth. 
 
DISORDERLY WORDS, 135 
 
 but if any two members (one to make and 
 the other to second the motion) think it 
 necessary to state a question, so as to 
 take the sense of the assembly upon the 
 words, and whether the member in using 
 them has been guilty of any offence to- 
 wards the assembly, the member must' 
 withdraw before that question is stated; 
 and then the sense of the assembly must 
 be taken, and such further proceedings 
 had in relation to punishing the member, 
 as may be thought necessary and proper. 
 231. The above is the course of pro- 
 ceeding established by the writers of 
 greatest authority, * and ought invariably 
 to be pursued ; it might, however, be im- 
 proved, by the member who objects to 
 words writing them down at once, and 
 thereupon moving that they be made a 
 part of the minutes ; by which means, the 
 presiding officer would be relieved from 
 the responsibility of determining, in the 
 first instance, upon the character of the 
 words. 
 
 * Mr. Hatsell, in England, and Mr. Jefferson, in this 
 country. 
 
136 PAELIAMENTAKY PKACTICE. 
 
 232. If offensive words are not taken no- 
 tice of at the time they are spoken,t but the 
 member is allowed to finish his speech, and 
 then any other person speaks, or any otlier 
 matter of business intervenes, before 
 notice is taken of the words which gave 
 offence, the words are not to be written 
 down, or the member using them cen- 
 sured. This rule is established for the 
 common security of all the members; and 
 to prevent the mistakes which must nec- 
 essarily happen if words complained of 
 are not immediately reduced to writing. 
 
 CHAPTER XIII. 
 Of the Question. 
 
 233, When any proposition is made to 
 a deliberative assembly, it is called a mo- 
 tion ; when it is stated or propounded to 
 
 f Mr. Jefferson ( 17) lays it down, that "disor- 
 derly words are not to be noticed till the member has 
 finished his speech." But in this he is contradicted 
 by Hatsell, as well as by the general practice of legis- 
 lative bodies. 
 
OF THE QUESTION. 137 
 
 the assembly, for their acceptance or re- 
 jection, it is denominated a question ; and, 
 when adopted, it becomes the order, reso- 
 lution, or vote, of the assembly. 
 
 234. All the proceedings which have 
 thus far been considered, have only had 
 for their object to bring a proposition into 
 a form to be put to the question ; that is, 
 to be adopted as the sense, will or judg- 
 ment of the assembly, or to be rejected; 
 according as such proposition may be 
 found to unite in its favor, or to fail of 
 uniting, a majority of the members. 
 
 235. When any proposition, whether 
 principal, subsidiary, or incidental, or of 
 whatever nature it may be, is made, sec- 
 onded, and stated, if no alteration is pro- 
 posed, or if it admits of none, or if it is 
 amended, and the debate upon it, if any, 
 appears to be brought to a close, the pre- 
 siding officer then inquires, whether the 
 assembly is ready for the question, and, 
 if no person rises, the question is then 
 stated, and the votes of the assembly 
 taken upon it. 
 
 236. The question is not always stated 
 
13B PARLIAMENTARY PRACTICE. 
 
 to the assembly, in the precise form in 
 which it arises or is introduced ; thus, for 
 example, when a member presents a peti- 
 tion, or the chairman of a committee 
 offers a report, the question which arises, 
 if no motion is made, is, Shall the petition 
 or tlie report be received ? and, so, when the 
 previous question is moved, it is stated in 
 this form, Shall the main question be now 
 put? the question being stated, in all 
 cases, in the form in which it will ap- 
 pear on the journal, if it passes in the 
 affirmative. 
 
 237. In matters of trifling importance, 
 or which are generally of course, such as 
 receiving petitions and reports, withdraw- 
 ing motions, reading papers, &c., the pre- 
 siding officer most commonly supposes or 
 takes for granted the consent of the as- 
 sembly, where no objection is expressed, 
 and does not go through the formality of 
 taking the question by a vote. But if, 
 after a vote has been taken in this 
 informal way and declared, any member 
 rises to object, the presiding officer should 
 consider everything that has passed as 
 
OF THE QUESTION. 139 
 
 nothing, and, at once, go back and pursue 
 the regular course of proceeding. Thus, 
 if a-petition is received, without a ques- 
 tion, and the clerk is proceeding to read 
 it, in the usual order of business, if any 
 one rises to object, it will be the safest 
 and most proper course, for the presiding 
 officer to require a motion for receiving it 
 to be regularly made and seconded. 
 
 238. The question being stated by the 
 presiding officer, he first puts it in the 
 affirmative, namely : As many as are of 
 opinion that repeating the words of the 
 question, say aye; and, immediately, all 
 the members who are of that opinion an- 
 swer aye ; the presiding officer then puts 
 the question negatively : As many a<? are 
 of a different opinion, say no ; and, there- 
 upon, all the members who are of that 
 opinion answer no. The presiding officer 
 judges by his ear which side has " the 
 more voices," and decides accordingly, 
 that the ayes have it, or tJie noes have it, 
 as the case may be. If the presiding 
 officer is doubtful as to the majority 
 of voices, he may put the question a 
 
140 PARLIAMENTARY PRACTICE. 
 
 second time, and if he is still unable to 
 decide, or, if, having decided according 
 to his judgment, any member rises and 
 declares that he believes the ayes or the noes 
 (whichever it may be) have it, contrary to 
 the declaration of the presiding officer,* 
 then the presiding officer directs the 
 assembly to divide, in order that the 
 members on the one side and the other 
 may be counted. 
 
 239. If, however, any new motion 
 should be made, after the presiding offi- 
 cer's declaration, or, if a member, who 
 was not in the assembly-room when the 
 question was taken, should come in, it 
 will then be too late to contradict the 
 presiding officer, and have the assembly 
 divided. 
 
 240. The above is the parliamentary 
 form of taking a question, and is in gen- 
 eral use in this country ; but, in some of 
 our legislative assemblies, and especially 
 in those of the New England States, the 
 suffrages are given by the members hold- 
 
 * The most common expression is : "I doubt the 
 vote," or, "that vote is doubted." 
 
OF THE QUESTION. 141 
 
 ing up their right hands, first, those in 
 the affirmative, and then those in the 
 negative, of the question. If the presid- 
 ing officer can not determine, by the show 
 of hands, which side has the majority, 
 he may call upon the members to vote 
 again, and if he is still in doubt, or if his 
 declaration is questioned, a division takes 
 place. When the question is taken in 
 this manner, the presiding officer directs 
 the members, first on the affirmative side, 
 and then on the negative, to manifest 
 their opinion by holding up the right 
 hand. 
 
 241. When a division of the assembly 
 takes place, the presiding officer some- 
 times directs the members to range them- 
 selves on different sides of the assembly- 
 room, and either counts them himself, or 
 they are counted by tellers appointed by 
 him for the purpose, or by monitors per- 
 manently appointed for that and other 
 purposes ; or the members rise in their 
 seats, first on the affirmative and then on 
 the negative, and (standing uncovered) 
 are counted in the same manner. When 
 
142 PABLIAMENTAKY PKACTICE. 
 
 the members are counted by the presid- 
 ing officer, he announces the numbers 
 and declares the result. When they are 
 counted by tellers or monitors, the tellers 
 must first agree among themselves, and 
 then the one who has told for the major- 
 ity reports the numbers to the presiding 
 officer, who, thereupon, declares the 
 result. 
 
 242. The best mode of dividing an as- 
 sembly, that is at all numerous, is for the 
 presiding officer to appoint tellers for each 
 division or section of the assembly-room, 
 and then to require the members, first 
 those in the affirmative, and then those in 
 the negative, to rise, stand uncovered, and 
 be counted ; this being done, on each side, 
 the tellers of the several divisions make 
 their returns, and the presiding officer de- 
 clares the result. 
 
 243. If the members are equally divided, 
 the presiding officer may, if he pleases, 
 give the casting vote ; or, if he chooses, he 
 may refrain from voting, in which case, 
 the motion does not prevail, and the decis- 
 ion is in the negative. 
 
OF THE QUESTION. 143 
 
 . It is a general rule, that every 
 member, who is in the assembly-room at 
 the time when the question is stated, has 
 not only the right but is bound to vote; 
 and, on the other hand, that no member 
 can vote, who was not in the room at that 
 time. 
 
 245. The only other form of taking the 
 question, which requires to be described, 
 is one in general use in this country, by 
 means of which the names of the members 
 voting on the one side and on the other are 
 ascertained and entered in the journal of 
 the assembly. This mode, which is pecul- 
 iar to the legislative bodies of the United 
 States, is called taking the question by 
 yeas and nays. In order to take a ques- 
 tion in this manner, it is stated on both 
 sides at once, namely : As many as are of 
 opinion, that, etc., will, wlien their names are 
 called, answer yes; and, As many as are of 
 a different opinion ivill, ivhen their names are 
 called, answer no; the roll of the assembly 
 is then called over by the clerk, and each 
 member, as his name is called, rises in 
 his place, and answers yes or no, and the 
 
144 PAKLIAMENTABY PRACTICE. 
 
 clerk notes the answer as the roll is 
 called. When the roll has been gone 
 through the clerk reads over first the 
 names of those who have answered in the 
 affirmative and then the names of those 
 who have answered in the negative, in 
 order that if he has made any mistake in 
 noting the answer, or if any member has 
 made a mistake in his answer, the mistake 
 of either may be corrected. The names 
 having been thus read over, and the mis- 
 takes, if any, corrected, the clerk counts 
 the numbers on each side, and reports 
 them to the presiding officer, who declares 
 the result to the assembly. 
 
 246. The following is the mode prac- 
 tised in the house of representatives of 
 Massachusetts (which is by far the most 
 numerous of all the legislative bodies in 
 this country), of taking a question by yeas 
 and nays. The names of the members 
 being printed on a sheet, the clerk calls 
 them in their order; and as each one 
 answers, the clerk (responding to the 
 member, at the same time) places a figure 
 in pencil, expressing the number of the 
 
TO THE QUESTION. 145 
 
 answer, at the left or right of the name, 
 according as the answer is yes or no; so 
 that the last figure or number, on each 
 side, shows the number of the answers on 
 that side ; and the two last numbers or 
 figures represent the respective numbers 
 of the affirmatives and negatives on the 
 division. Thus, at the left hand of the 
 name of the member who first answers, 
 yes, the clerk places a figure 1 ; at the 
 right hand of the first member who an- 
 swers no, he also places a figure 1 ; the 
 second member that answers yes is marked 
 2; and so on to the end of the list; the 
 side of the name, on which the figure is 
 placed, denoting whether the answer is 
 yes or no, and the figure denoting the num- 
 ber of the answer on that side. The 
 affirmatives and negatives are then read 
 separately, if necessary, though this is 
 usually omitted, and the clerk is then pre- 
 pared, by means of the last figure on each 
 side, to give the numbers to the speaker 
 to be announced to the house. The names 
 and answers are afterwards recorded on 
 the journal. 
 
146 PAKLIAMENTAKY PEACTICE. 
 
 247. In any of the modes taking a 
 question, in which it is first put on one 
 side, and then on the other, it is no full 
 question, until the negative as well as the 
 affirmative has been put. Consequently, 
 until the negative has been put, it is in 
 order for any member, in the same man- 
 ner as if the division had not commenced, 
 to rise and speak, make motions for 
 amendment, or otherwise, and thus renew 
 the debate ; and this, whether such mem- 
 ber was in the assembly-room or not when 
 the question was put and partly taken. 
 In such a case, the question must be put 
 over again on the affirmative as well as 
 the negative side ; for the reason that 
 members who were not in the assembly- 
 room, when the question was first put, 
 may have since come in, and also that 
 some of those who voted, may have 
 since changed their minds. When a ques- 
 tion is taken by yeas and nays, and the 
 negative as well as the affirmative of the 
 question is stated, and the voting on each 
 side begins and proceeds at the same time, 
 the question can not be opened and the 
 
OF THE QUESTION. 147 
 
 debate renewed, after the voting has 
 commenced. 
 
 248. If any question arises, in a point 
 of order, as, for example, as to the right 
 or the duty of a member to vote, during 
 a division, the presiding officer must de- 
 cide it peremptorily, subject to the revis- 
 ion and correction of the assembly, after 
 the division is over. In a case of this 
 kind, there can be no debate, though the 
 presiding officer may if he pleases receive 
 the assistance of members with their ad- 
 vice, which they are to give sitting, in or- 
 der to avoid even the appearance of a de- 
 bate ; but this can only be with the leave 
 of the presiding officer, as otherwise the 
 division might be prolonged to an incon- 
 venient length ; nor can any question be 
 taken, for otherwise there might be divis- 
 ion upon division without end. 
 
 249. When, from counting the assembly 
 on a division, it appears that there is not 
 a quorum 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, 
 
148 PAKLIAMENTAKY PKACTICE. 
 
 whether on the same or on some future 
 day, it must be taken up at that precise 
 point. 
 
 CHAPTEE XIV. 
 Of Reconsideration. 
 
 250. It is a principle of parliamentary 
 law, upon which many of the rules and 
 proceedings previously stated are founded, 
 that when a question has been once put 
 to a deliberative assembly, and decided, 
 whether in the affirmative or negative, 
 that decision is the judgment of the as- 
 sembly, and can not be again brought into 
 question. 
 
 251. This principle holds equally, al- 
 though the question proposed is not the 
 identical question which has already been 
 decided, but only its equivalent ; as, for 
 example, where the negative of one ques- 
 tion amounts to the affirmative of the 
 other, and leaves no other alternative, 
 these questions are the equivalents of one 
 another, and a decision of the one neces- 
 sarily concludes the other. 
 
RECONSIDERATION. 149 
 
 252. A common application of the rule 
 as to equivalent questions occurs in the 
 case of an amendment proposed by strik- 
 ing out words ; in which it is the invari- 
 able practice to consider the negative of 
 striking out as equivalent to the affirma- 
 tive of agreeing ; so that to put a question 
 on agreeing, after a question 011 striking 
 out is negatived, would be, in effect, to 
 put the same question twice over. 
 
 253. The principle above stated does 
 not apply so as to prevent putting the 
 same question in the different stages of 
 any proceeding, as, for example, in legis- 
 lative bodies, the different stages of a bill ; 
 so, in considering reports of committees, 
 questions already taken and decided, be- 
 fore the subject was referred, may be 
 again proposed ; and, in like manner, or- 
 ders of the assembly, and instructions or 
 references to committees, may be dis- 
 charged or rescinded. 
 
 254. The inconvenience of this rule, 
 which is still maintained in all its strict- 
 ness in the British parliament (though 
 divers expedients are there resorted to, to 
 
150 PARLIAMENT ART PRACTICE. 
 
 counteract or evade it), has led to the in- 
 troduction into the parliamentary practice 
 of this country of the motion for reconsider- 
 ation ; which, while it recognizes and up- 
 holds the rule in all its ancient strictness, 
 yet allows a deliberative assembly, for 
 sufficient reasons, to relieve itself from 
 the embarrassment and inconvenience, 
 which would occasionally result from a 
 strict enforcement of the rule in a partic- 
 ular case. 
 
 255. It has now come to be a common 
 practice in all our deliberative assemblies, 
 and may consequently be considered as a 
 principle of the common parliamentary 
 law of this country, to reconsider a vote 
 already passed, whether affirmatively or 
 negatively. 
 
 256. For this purpose, amotionis made 
 and seconded, in the usual manner, that 
 such a vote be reconsidered ; and, if this 
 motion prevails, the matter stands before 
 the assembly in precisely the same state 
 and condition, and tliQ same questions are 
 to be put in relation to it, as if the vote 
 reconsidered had never been passed. 
 
RECONSIDERATION. 151 
 
 Thus, if an amendment, by inserting 
 words is moved and rejected, the same 
 amendment cannot be moved again ; but, 
 the assembly may reconsider the vote by 
 which it was rejected, and then the ques- 
 tion will recur on the amendment, pre- 
 cisely as if the former vote had never 
 been passed. 
 
 257. It is usual in legislative bodies, to 
 regulate by a special rule the time,manner, 
 and by whom, a motion to reconsider may 
 be made ; thus, for example, that it shall 
 be made only on the same or succeeding 
 day, by a member who voted with the 
 majority, or at a time when there are as 
 many members present as there were 
 when the vote was passed ; but, where 
 there is no special rule on the subject, a 
 motion to reconsider must be considered 
 in the same light as any other motion, 
 and as subject to no other rules. 
 
152 PARLIAMENTARY PRACTICE. 
 
 CHAPTEE XV. 
 
 OF COMMITTEES. 
 
 Sect I. Their Nature and Functions. 
 
 258. It is usual in all deliberative 
 assemblies, to take the preliminary (some- 
 times, also, the intermediate) measures, 
 and to prepare matters to be acted upon, 
 in the assembly, by means of committees, 
 composed either of members specially 
 selected for the particular occasion, or 
 appointed beforehand for all matters of 
 the same nature. 
 
 259. Committees of the first kind are 
 usually called select, the others standing ; 
 though the former appellation belongs 
 with equal propriety to both, in order to 
 distinguish them from another form of 
 committee, constituted either for a par- 
 ticular occasion, or for all cases of a cer- 
 tain kind, which is composed of all the 
 members of the assembly, and therefore 
 denominated a committee of the whole. 
 
COMMITTEES. 153 
 
 260. The advantages of proceeding in 
 this mode are manifold. It enables a de- 
 liberative assembly to do many things, 
 which, from its members, it would other- 
 wise be unable to do ; to accomplish a 
 much greater quantity of business, by di- 
 viding it among the members, than could 
 possibly be accomplished, if the whole 
 body were obliged to devote itself to each 
 particular subject ; and to act in the pre- 
 liminary and preparatory steps, with a 
 greater degree of freedom, than is com- 
 patible with the forms of proceeding usu- 
 ally observed in full assembly. 
 
 261. Committees are appointed to con- 
 sider a particular subject, either at large 
 or under special instructions: to obtain 
 information in reference to a matter be- 
 fore the assembly, either by personal in- 
 quiry and inspection, or by the examina- 
 tion of witnesses ; and to digest and put 
 into the proper form, for the adoption of 
 the assembly, all resolutions, votes, or- 
 ders, and other papers, with which they 
 may be charged. Committees are com- 
 monly said to be the "eyes and ears" of 
 
154 PARLIAMENTARY PRACTICE. 
 
 the assembly ; it is equally true, that, for 
 certain purposes, they are also its "head 
 and hands." 
 
 262. The powers and functions of com- 
 mittees depend chiefly upon the general 
 authority and particular instructions given 
 them by the assembly, at the time of their 
 appointment; but they may also be, and 
 very often are, further instructed, whilst 
 they are in the exercise of their functions ; 
 and, sometimes, it even happens, that 
 these additional instructions wholly 
 change the nature of a committee, by 
 charging, it with inquiries quite different 
 from those for which it was originally 
 established. 
 
 Sect. II. Their Appointment. 
 
 263. In the manner of appointing com- 
 mittees, there is no difference between 
 standing and other select committees, as 
 to the mode of selecting the members to 
 compose them ; and, in reference to com- 
 mittees of the whole, as there is no selec- 
 tion of members, they are appointed sim- 
 ply by the order of the assembly. 
 
APPOINTMENT OF COMMITTEES. 155 
 
 264. In the appointment of select com- 
 mittees, the first thing to be done is to fix 
 upon the number. This is usually ef- 
 fected in the same manner that blanks are 
 filled, namely, by members proposing, 
 without the formality of a motion, such 
 numbers as they please, which are then 
 separately put to the question, beginning 
 with the largest and going regularly 
 through to the smallest, until the assem- 
 bly comes to a vote. 
 
 265. The number being settled, there 
 are three modes of selecting the members, 
 to wit, by the appointment of the presid- 
 ing officer, by ballot, and by nomina- 
 tion and vote of the assembly ; the first, 
 sometimes in virtue of a standing rule, 
 sometimes in pursuance of a vote of the 
 assembly in a particular case ; the second 
 always in pursuance of a vote ; the last is 
 the usual course where no vote is taken. 
 
 266. In deliberative assemblies, whose 
 sittings are of considerable length, as leg- 
 islative bodies, it is usual to provide by a 
 standing rule, that, unless otherwise or- 
 dered in a particular case, all committees 
 
156 PARLIAMENTARY PRACTICE, 
 
 shall be named by the presiding officer. 
 Where this is the case, whenever a com- 
 mittee is ordered, and the number settled, 
 the presiding officer at once names the 
 members to compose it. Sometimes, also, 
 the rule fixes the number, of which, un- 
 less otherwise ordered, committees shall 
 consist. This mode of appointing a com- 
 mittee is frequently resorted to, where 
 there is no rule on the subject. 
 
 267. When a committee is ordered to 
 be appointed by ballot, the members are 
 chosen by the assembly, either singly or 
 all together, as may be ordered, in the 
 same manner that other elections are 
 made ; and, in such elections, as in other 
 cases of the election of the officers of the 
 assembly, a majority of all the votes given 
 in is necessary to a choice. 
 
 268. When a committee is directed to 
 be appointed by nomination and vote, the 
 names of the members proposed are put 
 to the question singly, and approved or 
 rejected by the assembly, by a vote taken 
 in the usual manner. If the nomination 
 is directed to be made by the presiding 
 
APPOINTMENT OF COMMITTEES. 157 
 
 officer, he may propose the names in the 
 same manner, or all at once ; the former 
 mode being the most direct and simple ; 
 the latter enabling the assembly to vote 
 more understandingly upon the several 
 names proposed. When the nomination 
 is directed to be made at large, the pre- 
 siding officer calls upon the assembly to 
 nominate, and names being mentioned ac- 
 cordingly, he puts to vote the first name 
 he hears. 
 
 269. It is also a compendious mode of 
 appointing a committee, to revive one 
 which has already discharged itself by a 
 report ; or by charging a committee ap- 
 pointed for one purpose with some addi- 
 tional duty, of the same or a different 
 character. 
 
 270. In regard to the appointment of 
 committees, so far as the selection of the 
 members is concerned, it is a general rule 
 in legislative bodies, when a bill is to be 
 referred, that none who speak directly 
 against the body of it are to be of the 
 committee, for the reason, that he who 
 would totally destroy will not amend ; but, 
 
158 PARLIAMENTARY PRACTICE. 
 
 that, for the opposite reason, those who 
 only take exceptions to some particulars 
 in the bill are to be of the committee. This 
 rule supposes the purpose of the commit- 
 ment to be, not the consideration of the 
 general merits of the bill, but the amend- 
 ment of it in its particular provisions, so 
 as to make it acceptable to the assembly. 
 
 271. This rule, of course, is only for the 
 guidance of the presiding officer, and the 
 members, in the exercise of their discre- 
 tion ; as the assembly may refuse to ex- 
 cuse from serving, or may itself appoint, 
 on a committee, persons who are opposed 
 to the subject referred. It is customary, 
 however, in all deliberative assemblies, to 
 constitute a committee of such persons, 
 (the mover and seconder of a measure 
 being of course appointed,) a majority of 
 whom, at least, are favorably inclined to 
 the measure proposed. 
 
 272. When a committee has been ap- 
 pointed, in reference to a particular sub- 
 ject, it is the duty of the secretary of the 
 assembly to make out a list of the mem- 
 bers, together with a certified copy of the 
 
MANNER OF PROCEEDING. 159 
 
 authority or instructions under which 
 they are to act, and to givQ the papers to 
 the member first named on the list of the 
 committee, if convenient, but, otherwise, 
 to any other member of the committee. 
 
 Sect. 1IL Their Organization and Man- 
 ner of Proceeding. 
 
 273. The person first named on a com- 
 mittee acts as its chairman, or presiding 
 officer, so far as relates to the preliminary 
 steps to be taken, and is usually permitted 
 to do so, through the whole proceedings ; 
 but this is a matter of courtesy; every 
 committee having a right to elect its own 
 chairman, who presides over it, and makes 
 the report of its proceedings to the as- 
 sembly. 
 
 274. A committee is properly to receive 
 directions from the assembly, as to the 
 time and place of its meeting, and can not 
 regularly sit at any other time or place ; 
 and it may be ordered to sit immediately, 
 whilst the assembly is sitting, and make 
 its report forthwith. 
 
160 PARLIAMENT ABY PRACTICE. 
 
 275. When no directions are given, a 
 committee may select its own time and 
 place of meeting; but, without a special 
 order to that effect, it is not at liberty to 
 sit whilst the assembly sits; and, if a 
 committee is sitting, when the assembly 
 comes to order after an adjournment, it is 
 the duty of the chairman to rise, instantly, 
 on being certified of it, and, with the other 
 members, to attend the service of the 
 assembly. 
 
 276. In regard to its forms of proceed- 
 ing, a committee is essentially a miniature 
 assembly ; it can only act when regularly 
 assembled together, as a committee, and 
 not by separate consultation and consent 
 of the members ; nothing being the agree- 
 ment or report of a committee, but what 
 is agreed to in that manner ; a vote taken 
 in committee is as binding as a vote of 
 the assembly ; a majority of the mem- 
 bers is necessary to constitute a quorum 
 for business, unless a larger or smaller 
 number has been fixed by the Assembly 
 itself; and a committee has full power 
 over whatever may be committed to it, 
 
MANNER OF PROCEEDING. 161 
 
 except that it is not at liberty to change 
 the title or subject. 
 
 277. A committee, which is under no 
 directions as to the time and place of 
 meeting, may meet when and where it 
 pleases, and adjourn itself from day to 
 day, or otherwise, until it has gone 
 through with the business committed to 
 it; but, if it is ordered to meet at a par- 
 ticular time, and it fails of doing so, for 
 any cause, the committee is closed, and 
 can not act without being newly directed 
 to sit. 
 
 278. Disorderly words spoken in a 
 committee must be written down in the 
 same manner as in the assembly ; but the 
 committee, as such, can do nothing more 
 than report them to the assembly for its 
 animadversion; neither can a committee 
 punish disorderly conduct of any other 
 kind, but must report it to the assembly. 
 
 279. When any paper is before a com- 
 mittee, whether select or of the whole, 
 it may either have originated with the 
 committee, or have been referred to them ; 
 and, in either case, when the paper comes 
 
162 PAKLIAMENTAKY PKACTICE. 
 
 to be considered, the course is for it to be 
 first read entirely through, by the clerk 
 of the committee, if there is one, other- 
 wise by the chairman; and then to be 
 read through again by paragraphs by the 
 chairman, pausing at the end of each 
 paragraph, and putting questions for 
 amending, either by striking out or in- 
 serting, if proposed. This is the natural 
 order of proceeding in considering and 
 amending any paper, and is to be strictly 
 adhered to in the assembly ; but the same 
 strictness does not seem necessary in a 
 committee. 
 
 280. If the paper before a committee is 
 one which has originated with the com- 
 mittee, questions are put on amendments 
 proposed, but not on agreeing to the sev- 
 eral paragraphs of which it is composed, 
 separately, as they are gone through with ; 
 this being reserved for the close, when a 
 question is to be put on the whole, for 
 agreeing to the paper, as amended, or 
 unamended. 
 
 281. If the paper be one, which has 
 been referred to the committee, they pro- 
 
MANNER OF PROCEEDING. 163 
 
 ceed as in the other case to put questions 
 of amendment, if proposed, but no final 
 questions on the whole ; because all the 
 parts of the paper, having been passed 
 upon if not adopted by the assembly as 
 the basis of its action, stand, of course, 
 unless altered or struck out by a vote 
 of the assembly. And even if the com- 
 mittee are opposed to the whole paper, 
 and are of opinion that it can not be made 
 good by amendments, they have no au- 
 thority to reject it; they must report it 
 back to the assembly, without amend- 
 ments, (specially stating their objections, 
 if they think proper,) and there make 
 their opposition as individual members.* 
 
 282. In the case of a paper originating 
 with a committee, they may erase or inter- 
 line it as much as they please ; though, 
 when finally agreed to, it ought to be re- 
 ported in a clear draft, fairly written, 
 without erasure or interlineation. 
 
 283. But, in the case of a paper re- 
 
 * This rule is not applicable, of course, to those 
 cases in which the subject, as well as the form or details 
 of a paper, is referred to the committee. 
 
164 PARLIAMENTARY PRACTICE. 
 
 ferred to a committee, they are not at 
 liberty to erase, interline, blot, disfigure, 
 or tear it, in any manner ; but they must, 
 in a separate paper, set down the amend- 
 ments they have agreed to report, stating 
 the words which are to be inserted or 
 omitted, and the places where the amend- 
 ments are to be made, by references to 
 the paragraph or section, line, and word. 
 
 284. If the amendments agreed to are 
 very numerous and minute, the committee 
 may report them altogether, in the form of 
 a new and amended draft. 
 
 285. When a committee has gone through 
 the paper, or agreed upon a report on the 
 subject, which has been referred to them, 
 it is then moved by some member, and 
 thereupon voted, that the committee rise, 
 and that the chairman,or some other mem- 
 ber, make their report to the assembly. 
 
 Sect. IV. Their Report- 
 
 286. When the report of a committee 
 is to be made, the chairman, or member 
 appointed to make the report, standing in 
 his place, informs the assembly, that the 
 
KEPORT OF COMMITTEE. 165 
 
 committee, to whom was referred such a 
 subject or paper, have, according to order, 
 had the same under consideration, and 
 have directed him to make a report there- 
 on, or to report the same with sundry 
 amendments, or without amendment, as 
 the case may be,' which he is ready to do, 
 when the assembly shall please ; and he 
 or any other member may then move 
 that the report be now received. On this 
 motion being made, the question is put 
 whether the assembly will receive the re- 
 port at that time ; and a vote passes, ac- 
 cordingly, either to receive it then, or fix- 
 ing upon some future time for its reception. 
 
 287. At the time, when, by the order of 
 the assembly, the report is to be received, 
 the chairman reads it in his place, and 
 then delivers it, together with all the 
 papers, connected with it, to the clerk at 
 the table ; where it is again read, and then 
 lies on the table, until the time assigned, 
 or until it suits the convenience of the as- 
 sembly, to take it up for consideration. 
 
 288. If the report of the committee is 
 of a paper with amendments, the chair- 
 
166 PAKLIAMENTAKY PBACTICE. 
 
 man reads the amendments with the co- 
 herence in the paper, whatever it may be, 
 and opens the alterations, and the reasons 
 of the committee for the amendments, 
 until he has gone through the whole ; and, 
 when the report is read at the clerk's table, 
 the amendments only are read without 
 the coherence. 
 
 289. In practice, however, the formality 
 of a motion and vote on the reception of a 
 report is usually dispensed with ; though, 
 if any objection is made, or if the presid- 
 ing officer sees any informality in the re- 
 port, he should decline receiving it with- 
 out a motion and vote ; and a report, if 
 of any considerable length, is seldom 
 read, either by the chairman in his place, 
 or by the clerk at the table, until it is 
 taken up for consideration. In legisla- 
 tive assemblies, the printing of reports 
 generally renders the reading of them un- 
 necessary. 
 
 290. The report of a committee being 
 made and received, the committee is dis- 
 solved, and can act no more without a new 
 power; but their authority may be re- 
 
REPORT OF COMMITTEE. 167 
 
 vived by a vote, and the same matter 
 recommitted to them. If a report, 
 when offered to the assembly, is not 
 received, the committee is not thereby 
 discharged, but may be ordered to sit 
 again, and a time and place appointed 
 accordingly. 
 
 291. When a subject or paper has been 
 once committed, and a report made upon 
 it, it may be recommitted either to the 
 same or a different committee ; and if a re- 
 port is recommitted, before it has been 
 agreed to by the assembly, what has here- 
 tofore passed in the committee is of no 
 validity ; the whole question being again 
 before the committee, as if nothing had 
 passed there in relation to it. 
 
 292. The report of a committee may bo 
 made in three different forms, namely : 
 
 first, it may contain merely a statement of 
 facts, reasoning, or opinion, in relation to 
 the subject of it, without any specific con- 
 clusion; or, second, a statement of facts, 
 reasoning, or opinion, concluding with a 
 resolution, or series of resolutions, or 
 some other specific proposition ; or, third, 
 
168 PARLIAMENTARY PRACTICE. 
 
 it may consist merely of such resolutions, 
 or propositions, without any introductory 
 part. 
 
 293. The first question on a report, is, 
 in strictness, on receiving it; though in 
 practice, this question is seldom or never 
 made; the consent of the assembly, es- 
 pecially in respect to the report of a com- 
 mittee of the whole, being generally pre- 
 sumed, unless objection is made. When 
 a report is received, whether by general 
 consent, or upon a question and vote, the 
 committee is discharged, and the report 
 becomes the basis of the future proceed- 
 ings of the assembly, on the subject to 
 which it relates. 
 
 294. At the time assigned for the con- 
 sideration of a report, it may be treated 
 and disposed of precisely like any other 
 proposition (59 to 77); and may be 
 amended, in the same manner (78 to 133), 
 both in the preliminary statement, rea- 
 soning, or opinion, if it contain any, and 
 in the resolutions, or other propositions 
 with which it concludes; so if it consist 
 merely of a statement, &c., without reso- 
 
BEPORT OF COMMITTEE. 169 
 
 lutions, or of resolutions, &c., without 
 any introductory part. 
 
 295. The final question on a report, 
 whatever form it may have, is usually 
 stated on its acceptance ; and, when ac- 
 cepted, the whole report is adopted by 
 the assembly, and becomes the statement, 
 reasoning, opinion, resolution, or other 
 act, as the case may be, of the assembly ; 
 the doings of a committee, when agreed 
 to, adopted, or accepted, becoming the 
 acts of the assembly, in the same manner 
 as if done originally by the assembly 
 itself, without the intervention of a com- 
 mittee. 
 
 296. It would be better, however, and 
 in stricter accordance with parliamentary 
 rules, to state the final question on a re- 
 port, according to the form of it. If the 
 report contain merely a statement of 
 facts, reasoning, or opinion, the question 
 should be on acceptance ; if it also con- 
 clude with resolutions, or other specific 
 propositions, of any kind, the introduc- 
 tory part being consequently merged in 
 the conclusion, the question should be 
 
170 PARLIAMENTARY PRACTICE. 
 
 on agreeing to the resolutions, or on adopt- 
 ing the order, or other proposition, or on 
 passing or coming to the vote, recom- 
 mended by the committee ; and the same 
 should be the form of the question when 
 the report consists merely of resolutions, 
 &c., without any introductory part. 
 
 Sect. V. Committee of the Whole. 
 
 297. When a subject has been ordered 
 to be referred to a committee of the 
 whole, the form of going from the assem- 
 bly into committee, is, for the presiding 
 officer, at the time appointed for the com- 
 mittee to sit, on motion made and sec- 
 onded for the purpose, to put the ques- 
 tion that the assembly do now resolve 
 itself into a committee of the whole, to 
 take under consideration such a matter, 
 naming it. If this question is determined 
 in the affirmative, the result is declared 
 by the presiding officer, who, naming 
 some member to act as chairman of the 
 committee, then leaves the chair, and 
 takes a seat elsewhere, like any other 
 member ; and the person appointed chair- 
 
COMMITTEE OF THE WHOLE. . 171 
 
 man seats himself (not in the chair of the 
 assembly but) at the clerk's table. 
 
 298. The chairman named by the pre- 
 siding officer is generally acquiesced in 
 by the committee ; though, like all other 
 committees, a committee of the whole 
 have a right to elect a chairman for them- 
 selves, some member, by general consent, 
 putting the question. 
 
 299. The same number of members is 
 necessary to Constitute a quorum of a 
 committee of the whole, as of the assem- 
 bly; and if the members present fall 
 below a quorum, at any time, in the 
 course of the proceedings, the chairman, 
 on a motion and question, rises, the 
 presiding officer thereupon resumes the 
 chair, and the chairman informs the 
 assembly (he can make no other report) 
 of the cause of the dissolution of the 
 committee. 
 
 300. When the assembly is in commit- 
 tee of the whole, it is the duty of the 
 presiding officer to remain in the assem- 
 bly-room, in order to be at hand to re- 
 sume the chair, in case the committee 
 
172 PARLIAMENTARY PRACTICE. 
 
 should be broken up by some disorder, 
 or for want of a quorum, or should rise, 
 either to report progress, or to make their 
 final report upon the matter committed 
 to them. 
 
 301. The clerk of the assembly does 
 not act as clerk of the committee (this is 
 the duty of the assistant clerk in legisla- 
 tive bodies), or record in his journal any 
 of the proceedings or votes of the com- 
 mittee, but only their report as made to 
 the assembly. 
 
 302. The proceedings in a committee 
 of the whole, though, in general, similar 
 to those in the assembly itself, and in 
 other committees, are yet different in some 
 respects, the principal of which are the 
 following : 
 
 303. First. The previous question can 
 not be moved in a committee of the whole. 
 The only means of avoiding an improper 
 discussion is, to move that the committee 
 rise ; and, if it is apprehended, that the 
 same discussion will be attempted on 
 returning again into committee, the as- 
 sembly can discharge the committee, and 
 
COMMITTEE OF THE WHOLE. 173 
 
 proceed itself with the business, keeping 
 down any improper discussion by means 
 of the previous question.* 
 
 304. Second. A committee of the whole 
 can not adjourn, like other committees, to 
 some other time or place, for the purpose 
 of going on with and completing the con- 
 sideration of the subject referred to them; 
 but if their business is unfinished, at the 
 usual time for the assembly to adjourn, 
 or, for any other reason, they wish to 
 proceed no further at a particular time, 
 the form of proceeding is, for some mem- 
 ber to move that the committee rise, re- 
 port progress, and ask leave to sit again ; 
 and, if this motion prevails, the chairman 
 rises, the presiding officer resumes the 
 chair of the assembly, and the chairman 
 of the committee informs him that the 
 committee of the whole have, according 
 to order, had under their consideration 
 such a matter, and have made some pro- 
 
 * If the object be to stop debate, that can only be 
 effected, in the same manner, unless there is a special 
 rule, as to the time of speaking, or to taking a subject 
 out of committee. 
 
174 PARLIAMENT ABY PRACTICE. 
 
 gress therein* ; but, not having had time 
 to go through with the same, have directed 
 him to ask leave for the committee to sit 
 again. The presiding officer thereupon 
 puts a question on giving the committee 
 leave to sit again, and also on the time 
 when the assembly will again resolve 
 itself into a committee. If leave to sit 
 again is not granted, the committee is of 
 course dissolved. 
 
 305. Third. In a committee of the whole, 
 every member may speak as often as he 
 pleases, provided he can obtain the floor ; 
 whereas in the assembly itself, no mem- 
 ber can speak more than once. 
 
 306. Fourth. A committee of the whole 
 can not refer any matter to another com- 
 mittee ; but other committees may and do 
 frequently exercise their functions, and 
 expedite their business by means of sub- 
 committees of their own members. 
 
 307. Fifth. In a committee of the whole, 
 the presiding officer of the assembly has a 
 right to take a part in the debate and pro- 
 
 * If it is a second time, the expression is, " some fui> 
 ther progress," &c. 
 
COMMITIEE OF THE WHOLE. 175 
 
 ceedings, in the same manner as any other 
 member. 
 
 308. Sixth. A committee of the whole, 
 like a select committee, has no authority 
 to punish a breach of order whether of a 
 member, or stranger; but can only rise 
 and report the matter to the assembly, 
 who may proceed to punish the offender. 
 Disorderly words must be written down in 
 committee, in the same manner as in the 
 assembly, and reported to the assembly 
 for their animadversion. 
 
 309. The foregoing are the principal 
 points of difference between proceedings 
 in the assembly and in committees of the 
 whole ; in most other respects they are 
 precisely similar. It is sometimes said, 
 that in a committee of the whole, it is not 
 necessary that a motion should be sec- 
 onded. There is no foundation, however, 
 either in reason or parliamentary usage, 
 for this opinion. 
 
 310. When a committee of the whole 
 have gone through with the matter re- 
 ferred to them, a member moves that the 
 committee rise, and that the chairman (or 
 
176 PARLIAMENTARY PRACTICE. 
 
 some other member) report tlieir proceed- 
 ings to the assembly ; which being re- 
 solved, the chairman rises and goes to his 
 place, the presiding officer resumes the 
 chair of the assembly, and the chairman 
 informs him, that the committee have gone 
 through with the business referred to 
 them, and that he is ready to make their 
 report, when the assembly shall think 
 proper to receive it. The time for receiv- 
 ing the report is then agreed upon ; and, 
 at the time appointed, it is made and re- 
 ceived in the same manner as that of any 
 other committee (286). 
 
 311, It sometimes happens, that the 
 formality of a motion and question as to 
 the time of receiving a report is dispensed 
 with. If the assembly are ready to re- 
 ceive it, at the time, they cry out, "'now,' 
 now," whereupon the chairman proceeds ; 
 if not then ready, some other time is 
 mentioned, as " to-morrow," or "Mon- 
 day," and that time is fixed by general 
 consent. But, when it is not the 
 general sense of the assembly to receive 
 the report at the time, it is better to 
 
CONCLUDING KEMAEKS. 177 
 
 agree upon and fix tLe time by a motion 
 and question. 
 
 CONCLUDING EEMAEKS. 
 
 312. In bringing this treatise to a close, 
 it will not be deemed out of place, to 
 make a suggestion or two for the benefit 
 of those persons, who may be called upon 
 to act as presiding officers, for the first 
 time. 
 
 313. One of the most essential parts of 
 the duty of a presiding officer is, to give 
 the closest attention to the proceedings 
 of the assembly, and, especially, to what 
 is said by every member who speaks. 
 "Without the first, confusion will be almost 
 certain to occur; wasting the time, per- 
 haps disturbing the harmony, of the as- 
 sembly. The latter is not merely a de- 
 cent manifestation of respect for those 
 who have elevated him to an honorable 
 station ; but it tends greatly to encourage 
 timid or diffident members, and to secure 
 
178 PAKLIAMENTAEY PKACTICE. 
 
 them a patient and attentive hearing; and 
 it often enables the presiding officer, by a 
 timely interference, to check offensive 
 language, in season to prevent scenes of 
 tumult and disorder, such as have some- 
 times disgraced our legislative halls. 
 
 314. It should be constantly kept in 
 mind by a presiding officer, that, in a de- 
 liberative assembly, there can regularly 
 be but one thing done or doing, at the 
 same time. This caution he will find 
 particularly useful to him, whenever a 
 quarrel arises between two members, in 
 consequence of words spoken in debate. 
 In such a case, he will do well to require 
 that the regular course of proceeding 
 shall be strictly pursued; and will take 
 care to restrain members from interfering 
 in any other manner. In general, the 
 solemnity and deliberation, with which 
 this mode is attended, will do much to 
 allay heat and excitement, and to restore 
 harmony and order to the assembly. 
 
 315. A presiding officer will often find 
 himself embarrassed, by the difficulty, as 
 well as the delicacy, of deciding points of 
 
CONCLUDING REMARKS. 179 
 
 order, or giving directions as to the man- 
 ner of proceeding. In such cases, it will 
 be useful for him to recollect, that 
 
 THE GREAT PURPOSE OF ALL RULES AND 
 FORMS, IS TO SUBSERVE THE WILL OF THE AS- 
 SEMBLY RATHER THAN TO RESTRAIN IT; TO 
 FACILITATE, AND NOT TO OBSTRUCT, THE EX- 
 PRESSION OF THEIR DELIBERATE SENSE. 
 
APPENDIX. 
 
 CONSTITUTION OF THE UNITED STATES.* 
 
 We, the people of the United States, in order to 
 form ii more perfect union, establish justice, insure 
 domestic tranquility, provide for the common defence, 
 promote the general welfare, and secure the blessings 
 of liberty to ourselves and our posterity, do ordain 
 and establish this Constitution for the United States 
 of America. 1 
 
 ARTICLE I. 
 
 Section I. All legislative powers herein granted 
 shall be vested in a Congress of the United States, 
 which shall consist of a Senate and a House of Repre- 
 sentatives. 2 
 
 Sect, II. The House of Representatives shall be com- 
 posed of members chosen every second year by the 
 people of the several States, and the electors in each 
 
 * The Constitution of the United States was adopted by a 
 convention of the several States, September 17, 1787. It was 
 ratified by the States, as follows : Delaware, December 7, 1787; 
 Pennsylvania, December 12, 1787 ; New Jersey, December 18, 
 1787 ; Georgia, Jaruary 2, 1788 : Connecticut, January 9, 1788 ; 
 Massachusetts, February 6, 1788 ; Maryland, April 28, 1^8 ; 
 South Carolina, May 23, 1788; New Hampshire, June 21, 1788 ; 
 Virginia, June 26. 1788 ; and New York, July 26, 1788. 
 
 Thus, on the 4th of March, 1789, the day fixed for commenc- 
 ing the operations of government under the new Constitution, 
 it had been ratified by more than the required number of 
 States. 
 
 North Carolina ratified it November 21, 1789 ; Rhode Island, 
 on May 29, 3789; and Vermont, on January 10, 1791. 
 
 1 Chisholm v. Georgia, Dall. ( 41^; McCtilloch v. State of 
 Maryland, 4 Wh., 316 ; Brown v. Maryland, 12 Wh., 419; Barren 
 v. Mayor and City Council of Baltimore, 7 Pet., 243; Lane 
 County v. Oregon, 7 Wall., 71 ; Texas v. White, 7 Wall., 700. 
 
 2 Eayburn's case (notes) 'J Dall., 409. 
 
CONSTITUTION OF THE UNITED STATES. 181 
 
 State shall have the qualifications requisite for elect- 
 ors of the most numerous branch of the State legisla- 
 ture. 
 
 No person shall be a Representative who shall not 
 have attained the age of twenty-live years, and been 
 seven years a citizen of the United States, and who 
 shall not, when elected, be an inhabitant of that State 
 in which he shall be chosen. 
 
 [Representatives and direct taxes shall be appor- 
 tioned among the several States which may be in- 
 cluded within this Union, according to their respec- 
 tive numbers, which shall be determined by adding 
 to the whole number of free persons, including those 
 bound to service for a term of years, and excluding 
 Indians not taxed, three-fifths of all other persons.] 1 
 The actual enumeration shall be made within three 
 years after the first meeting of the Congress of the 
 United States, and within every subsequent term of 
 ten years, in such manner as they shall by law direct. 
 Tho number of Representatives shall not exceed one 
 for every thirty thousand, but each State shall have 
 at least one Representative ; and until such enumera- 
 tion shall be made, the State of New Hampshire shall 
 be entitled to choose three, Massachusetts eight, 
 Rhode Island and Providence Plantations one, Con- 
 necticut five, New York six, New Jersey four, Penn- 
 sylvania eight, Delaware one, Maryland six, Virginia 
 ten, North Carolina five, South Carolina five, and 
 Georgia three. 2 
 
 When vacancies happen in the representation from 
 any State, the executive authority thereof shall issue 
 writs of election to fill such vacancies. 
 
 The House of Representatives shall choose their 
 speaker and other officers ; and shall have the sole 
 power of impeachment. 
 
 Sect. TIL The Senate of the United States shall be 
 composed of two Senators from each State, chosen by 
 
 1 The clause included in brackets is amended by the xivth 
 Amendment, 2d section. 
 
 2 Veazie Bank v. Fenno, 8 Wall., 533 ; Scholey v. Rew, 23 
 Wall., 331. 
 
182 CONSTITUTION OF THE UNITED STATES. 
 
 the legislature thereof, for six years ; and each Sen- 
 ator shall have one vote. 
 
 Immediately after they shall be assembled in con- 
 sequence of the first election, they shall be divided 
 as equally as may be into three classes. The seats of 
 the Senators of the first class shall be vacated at the 
 expiration of the second year, of the second class at 
 the expiration of the fourth year, and of the third 
 class, at the expiration of the sixth year, so that one- 
 third may be chosen every second year ; and if vacan- 
 cies happen by resignation, or otherwise, during the 
 recess of the legislature of any State, the executive 
 thereof may make temporary appointments until the 
 next meeting of the legislature, which shall then fill 
 such vacancies. 
 
 No person shall be a Senator who shall not have at- 
 tained to the age of thirty years, and been nine years a 
 citizen of the United States, and who shall not, when 
 elected, be an inhabitant of that State for which he 
 shall be chosen. 
 
 The Vice-President of the United States shall be 
 President of the Senate, but shall have no vote, unless 
 they be equally divided. 
 
 The Senate shall chose their other officers, and also 
 a President pro tempore, in the absence of the Vice- 
 President, or when he shall exercise the office of Pres- 
 ident of the United States. 
 
 The Senate shall have sole power to try all impeach- 
 ments. When sitting for that purpose, they shall be 
 on oath or affirmation. When the President of the 
 United States is tried, the Chief Justice shall preside: 
 and no person shall be convicted without the concur- 
 rence of two thirds of the members present. 
 
 Judgmentin cases of impeachment sluall not extend 
 further than to removal from office, and disqualifica- 
 tion to hold and enjoy any office of honor, trust or 
 profit, under the United States : but the party con- 
 victed shall nevertheless be liable and subject to in- 
 dictment, trial, judgment and punishment, according 
 to law. 
 
 Sect. IV. The times, places and manner of holding 
 elections for Senators and Representatives, shall be 
 
CONSTITUTION OF THE UNITED STATES. 183 
 
 prescribed in each State by the legislature thereof ; 
 but the Congress may at any time by law make or alter 
 such regulations, except as to the places of choosing 
 Senators. 1 
 
 The Congress shall assemble at least once in every 
 year, and such meeting shall be on the first Monday 
 in December, unless they shall by law appoint a dif- 
 ferent day. 
 
 Sect, V. Each house shall be the judge of the elect- 
 ions, returns and qualifications of its own members, 
 and a majority of each shall constitute a quorum to do 
 business ; but a smaller number may adjourn from 
 day to day, and may be authorized to compel the at- 
 tendance of absent members, in such manner, and un- 
 der such penalties as each house may provide. 
 
 Each house may determine the rules of its proceed- 
 ings, punish its members for disorderly behavior, 
 and, with the concurrence of two thirds, expel a mem- 
 ber. 2 
 
 Each house shall keep a journr.l of its proceedings, 
 and from time to time publish the same, excepting 
 such parts as may in their judgment require secrecy ; 
 and the yeas and nays of the members of either house 
 on any question shall. at the desire of one fifth of those 
 present, be entered on the journal. 
 
 Neither house, during the session of Congress, shall, 
 without the consent of the other, adjourn for more 
 than three days, nor to any other place than that in 
 which the two houses shall be sitting. 
 
 Sect. VI. The Senators and Representatives shall 
 receive a compensation for their services, to be ascer- 
 tained by law, and paid out of the Treasury of the 
 United *States. They shall in fill cases, except trea- 
 son, felony and breach of the peace, be privileged 
 from arrest during their attendance at the session of 
 their respective houses, and in going to and returning 
 from tLe same ; and for any speech or debate in either 
 
 1 Exparte Slebold, 100 U. S , 371 ; Ex parte Yarborough, 110 U. 
 S., 651. 
 
 2 Anderson v. Dunn, 6 Wh.. 104 ; Kilbouru v. Thompson. 103 
 U. S , 168. 
 
184 CONSTITUTION OF THE UNITED STATES. 
 
 house, they shall not be questioned in any other 
 place. 1 
 
 No Senator or Representative shall, during the time 
 for which he was elected, be appointed to any civil 
 office under the authority of the United States, which 
 shall have been created, or the emoluments whereof 
 shall have been increased during such time ; and no 
 person holding any office under the United States, shall 
 be a member of either house during his continuance 
 in office. 
 
 Sect. VII. All bills for raising revenue shall originate 
 in the House of Representatives ; but the Senate may 
 propose or concur with amendments as on other bills. 
 
 Every bill which shall have passed the House of 
 Representatives and the Senate, shall, before it be- 
 comes a law, be presented to the President of the 
 United States ; if he approve he shall sign it, but if 
 not he shall return it, with his objections, to that 
 house in which it shall have originated, who shall en- 
 ter the objections at large on their journal, and 
 proceed to reconsider it. If after such reconsidera- 
 tion two-thirds of that house shall agree to pass the 
 bill, it shall be sent, together with the objections, to 
 the other house, by which it shall likewise be recon- 
 sidered, and if approved by two-thirds of that house, 
 it shall become a law. But in all cases the votes of 
 both houses shall be determined by yeas and nays, 
 and the names of-the persons voting for and against 
 the bill shall be entered on the journal of each house 
 respectively. If any bill shall not be returned by the 
 President within ten days (Sundays excepted) after it 
 shall have been presented to him, the same shall be a 
 law, in like manner as if he* had signed it, unless the 
 Congress by their adjournment prevent its return, in 
 which case it shall not be a law. 
 
 Every order, resolution, or vote to which the con- 
 currence of the Senate and the House of Representa- 
 tives may be necessary (except on a question ot ad- 
 journment) shall be presented to the President of the 
 United States ; and before the same shall take effect, 
 
 i Cox v. McClenachan, 3 Dall., 478. 
 
CONSTITUTION OF THE UNITED STATES. 185 
 
 shall be approved by him, or being disapproved by 
 him, shall be repassed by two-thirds of the Senate 
 and House of Representatives, according to the rules 
 and limitations prescribed in the case of a bill. 
 
 Sect. VIII. The Congress shall have power to lay 
 and collect taxes, duties, imposts and excises, to pay 
 the debts and provide for the common defence and 
 general welfare of the United States ; but all duties, 
 i rnposts and excises shall be uniform throughout the 
 United States ; ' 
 
 To borrow money on the credit of the United 
 States ; 2 
 
 To regulate commerce with foreign nations, and 
 among the several States, and with the Indian tribes; 3 
 
 To establish an uniform rule of naturalization, and 
 uniform laws on the subject of bankruptcies through- 
 out the United States ; 4 
 
 To coin money, regulate the value thereof, and of 
 foreign coin, and fix the standard of weights and 
 measures ; 5 
 
 To provide for the punishment of counterfeiting 
 the securities and current coin of the United States ; 6 
 
 l., 171; 4 Wh., 316; 5 Wh., 317 ; 9 Wh.. 738; 2 Pet., 
 449 ; 16 Pet., 435 ; 5 How., 504 ; 12 How., 299 ; 3 Wall., 387, 573; 
 
 4 Wall., 459 ; License Tax Cases. 5 Wall., 4B2, 475 ; 8 Wall., 123, 
 148.533; 11 Wall., 113; 15 Wall., Ill, 300; 17 Wall., 322; 18 Wall., 
 
 5 ; 23 Wall., 331 ; 102 U. S., 586; Legal Tender Case. 110 U.S., 421. 
 
 2 4 Wh., 31f> ; 2 Pet., 449 ; 2 Black., 620 ; 2 Wall. 200 ; 7 Wall., 
 16, 26 ; 8 Wall., 6<)3 ; 9 Wall., 353 ; 12 Wall., 457. 
 
 3 9 Wh., 1 ; 12 Wh., 419 ; 2 Pet., 245 ; 6 Pet., 615 ; 11 Pet., 102; 
 12 Pet., 72 ; 14 Pet., 540 ; 5 How., 504 ; 7 How., 283 ; 8 How , 73, 
 490; 9 How.. 560; 12 How., 299, 443; 13 How., 518; 14 How , 
 568; 18 How., 71, 421 ; 22 How. 227, 244 ; 1 Black., 603 ; 3 Wall.. 
 407, 713, 782; 6 Wall., 31.35; 7 Wall.. 646; 8 Wall., 110, 168; 
 9 Wall., 579 ; 10 Wall., 173, 454, 557, 566 ; 11 Wall., 411 ; 13 Wall., 
 236 ; 15 Wall , 232, 284 ; 16 Wall , 479 ; 17 Wall., 560 ; 18 Wall.; 
 129,206; 19 Wall., 581, 584 ; 21 Wall., 4.16, Bf-8; 92 U.S., 259, 
 275; 93 U. S., 4, 99, 188; 94 U. S, 246; 95 U. S., 465; 96 U. S., 1; 
 97 U.S., 25, 566; 100 U. S , 423 ; 102 U. S , 572 ; 112 U. S.. 69. 
 580 ; 113 U S., 727 ; 114 U. S., 196, 622. 
 
 * 4 Wh., 122, 209 ; 6 Wh., 131 ; 12 Wh., 213 ; 6 Pet., 348, 761 ; 
 9 Pet., 329; 14 Pet., 67 ; 5 How., 295 ; 19 How., 393. 
 6 11 Pet., 257 ; 5 How., 410 ; 9 How., 560. 
 6 5 How., 410 ; 9 How., 560. 
 
186 CONSTITUTION OF THE UNITED STATES. 
 
 To establish post-offices and post-roads ; J 
 
 To promote the progress of science and useful arts, 
 by securing for limited times to authors and inventors 
 the exclusive right to their respective writings and 
 discoveries ; 2 
 
 To constitute tribunals inferior to the Supreme 
 Court ; 
 
 To define and punish piracies and felonies com- 
 mitted on the high seas, and offences against the law 
 of nations ; 3 
 
 To declare war, grant letters of marque and reprisal, 
 and make rules concerning captures on land and 
 water ; 4 
 
 To raise and support armies, but no appropriation 
 of money to that use shall be for a longer term than 
 two years : 5 
 
 To provide and maintain a navy ; 
 
 To make rules for the government and regulation 
 of the land and naval forces ; 6 
 
 To provide for calling forth the militia to execute 
 the laws of the Union, suppress insurrections, and re- 
 pel invasions ; 7 
 
 To provide for organizing, arming, and disciplining, 
 the militia, and for governing such part of them as 
 may be employed in the service of the United States, 
 reserving to the States respectively, the appointment 
 of the officers, and the authority of training the 
 militia according to the discipline prescribed by Con- 
 gress ; 8 
 
 To exercise exclusive legislation in all cases what-^ 
 soever, over such district (not exceeding ten miles 
 square) as may, by session of particular States, and 
 
 1 State of Perm. v. Wheeling and Belmont Bridge Co., 18 
 How., 421. 
 
 2 Grant v. Raymond, 6 Pet., 218 ; Wheaton v. Peters, 8 Pet., 91. 
 
 3 3 Wh., 610 ; 5 Wh., 76, 153, 184. 
 
 4 8 Cr., 110; 1 Pet., 511 ; 2 Wall., 404 ; 11 Wall., 268, 331, 493 ; 
 21 Wall., 73, 92; U. S., 187. 
 
 5 Crandall u. State of Nevada, 6 Wall., 35 . 
 
 6 U. S. v. Bevaius. 3 Wh., 336 ; Dynes v. Hoover, 20 How., 65. 
 
 7 5 Wh., 1 ; 12 Wh., 19 ; 7 How , 1 ; 6 Wall., 35 ; 7 Wall., 700. 
 
 8 5 Wh., 1 ; 12 Wh., 19 ; 7 How., 1. 
 
CONSTITUTION OF THE UNITED STATES. 187 
 
 the acceptance of Congress, become the seat of the 
 Government of the United States, and to exercise like 
 authority over all places purchased by the consent of 
 the legislature of the State in which the same shall be, 
 for the erection of forts, magazines, arsenals, dock- 
 yards, and other needful buildings ; ] and 
 
 To make all laws which shall be necessary and 
 proper for carrying into execution the foregoing 
 powers, and all other powers vested by this Constitu- 
 tion in the Government of the United States, or in any 
 department or officer thereof. 2 
 
 Sect. IX. The migration or importation of such per- 
 bous as any of the States now existing shall think 
 proper to admit, shall not be prohibited by the Con- 
 gress prior to the year one thousand eight hundred 
 and eight, but a tax or duty may be imposed on such 
 importation, not exceedingten dollars for each person. 3 
 
 The privilege of the writ of habeas corpus shall not 
 be suspended, unless when in cases of rebellion or 
 invasion the public safety may require it. 4 
 
 No bill of attainder or ex post facto law shall be 
 passed. 5 
 
 No capitation, or other direct tax shall be laid, un- 
 less in proportion to the census or enumeration here- 
 inbefore directed to be taken. 6 
 
 No tax or duty shall be laid on articles exported 
 from any State. 7 
 
 No preference shall be given by any regulation of 
 
 12 Or.. 444; 5 Wh., 3.7; 6 Wh,, 264; 1 Pet., 511 ; 12 Pet., 524; 
 9 Wall., 41 ; 11 Wall., 010 ; 14 Wall., 676 ; 92 U. S., 13U ; 94 U 8., 
 315 ; 101 U. S., 129. 
 
 2 4 Wh , 316 ; 10 Wh. ,1,51; 8 Wall., 603 ; 9 Wall., 353, 579 ; 
 12 Wall , 457 ; 15 Wall. 195 ; 18 Wall., 5 ; 110 U. S., 4^1. 
 
 3 Dred Scott v Sanford, 19 How., 393. 
 
 43 Dall., 17 ; 2 Cr., 44 . ; 4 Cr., 75 ; 7 Wh.. 33 ; 3 Pet., 192 ; 
 9 Pet.. 704 ; 14 Pet.. 540 ; 3 How.. 103 ; 7 How , 1 ; 21 How., 506 ; 
 1 Wall.. 243; 4 Wall., 2; 7 Wall., 506; Wall., 85; 13 Wall., 
 397 ; 18 Wall., 163 ; 93 U. S., 18, 390 ; JCtt U. S., 339. 
 
 56Cr..87; 1-2 Wh., 213; S Pet., 88 ; 17 How., 456 ; 4 Wall., 
 172. 277, 333; 8 Wall., 595; 13 Wall., 257 ; 16 Wall., 234. 
 
 6 License Tax Cases, 5 Wall., 462 ; Springer v. United States, 
 102 U. S.. 586. 
 
 7 12 How., 299; 92 U. S., 372. 
 
188 CONSTITUTION OF THE UNITED STATES. 
 
 commerce or revenue to the ports of one State over 
 those of another ; nor shall vessels bound to, or 
 from, one State, be obliged to enter, clear, or pay 
 duties in another. l 
 
 No money shall be drawn from the Treasury, but 
 in consequence of appropriations made by law ; and 
 a regular statement and account of the receipts and 
 the expenditures of all public money shall be pub- 
 lished from time to time. 
 
 No title of nobility shall be granted by the United 
 States : and no person holding any office of profit or 
 trust Tinder them, shall, without the consent of the 
 Congress, accept of any present, emolument, office, or 
 title, of any kind whatever, from any king, prince, or 
 foreign state. 
 
 Sect. X, No State shall enter into any treaty, alli- 
 ance, or confederation ; grant letters of marque and 
 reprisal ; coin money ; emit bills of credit ; make any- 
 thing but gold and silver coin a tender in payment of 
 debts ; pass any bill of attainder, ex post facto law, or 
 law impairing the oblig<Uion of contracts, or grant 
 any title of nobility. 2 
 
 No State shall, without the consent of the Congress, 
 lay any imposts or duties on imports or exports, ex- 
 cept what may be absolutely necessary for executing 
 
 1 12 How., 299 ; 18 How., 421 ; 94 U. S., 113 ; 100 U. S., 413 ; 
 105 U S., 659. 
 
 2 3 Dall.. 386 ; 6 Cr., 87 ; 7 Cr., 164 ; 4 Wh., 122, 209, 518; 5 
 Wh., 420 ; 6 Wh., 131 ; 8 Wh., 1 ; 12 Wh., 213, 370 ; 2 Pet., 380 ; 
 3 Pet., 280 ; 4 Pet., 410, 514 ; 8 Pet., 40, 88, 281 ; 9 Pet., 329 ; 11 
 ret., 257, 420 ; 16 Pet., 281 ; 1 How., 311 ; 2 How., 608 ; 3 How., 
 ]33, 534, 720 ; 5 How., 295 ; 6 How., 301, 607 ; 7 How , 279 ; 10 
 How.. 190, 218, 395, 402; 13 How., 12, 71 ; 14 How., 268 ; 15 How., 
 304 ; 16 How., 369 ; 17 How., 456 ; 18 How., 331 ; 20 How., 627 ; 
 22How., 364; 24 How., 300. 461; 1 Black., 436, 474 ; 2 Black, 
 448, 510; 1 Wall., 116 ; 2 Wall., 10; 3 Wall., 51, 210 ; 4 Wall., 
 172, 177, 277, 333, 535 ; 7 Wall., 487 ; 8 Wall , 44, 430, 439, 575, 
 695, 603; 9 Wall., 35 ; 10 Wall., 511 ;12 Wall., 457; 13 Wall., 68,190, 
 264, 373, 646, (-54 ; 15 Wall., 195, 300, 454, 460, 478 500, 610; 16 
 Wall., 244, 314; 17 Wall., 59(5; 19 Wall., 1, 526 ; 20 Wall., 36 ; 21 
 Wall., 196, 2*9 ; 91 U.S., 3 ; 92 U. S., 631 ; 93 U. S., 116, 595 ; 96 
 U S., 432, 595 ; 97 U. S., 454 ; 98 U. S., 359 ; 101 U. S., 203, 337, 
 791,814, 832; 103 U. S., 5, 714 ; 105 U. S., 622, 13; 107 U. S., 
 221 ; 109 U. S., 285, 401 ; 111 U S., 716. 
 
CONSTITUTION OF THE UNITED STATES. 189 
 
 its inspection laws and the net produce of all duties 
 and imposts, laid by any State on imports or exports, 
 shall be for the use of the Treasury of the United 
 States ; and all such laws shall be subject to the re- 
 vision and control of the Congress. > 
 
 No State shall, without the consent of Congress, lay 
 any duty or tonnage, keep troops, or ships of war in 
 time of peace, enter into any agreement or compact 
 with another State, or with a foreign power, or engage 
 in war, unless actually invaded, or in such imminent 
 danger as will not admit of delay. 2 
 
 ARTICLE II. 
 
 Section I. The executive power shall be vested in 
 a President of the United States of America. He shall 
 hold his office during the term of four years, and, to- 
 gether with the Vice-President, chosen for the same 
 term, be elected as follows : 
 
 Each State shall appoint, in such manner as the 
 legislature thereof may direct, a number of electors 
 equal to the whole number of Senators and Represent- 
 atives to which the State may be entitled in the Con- 
 gress : but no Senator or Representative, or person 
 holding an office of trust or profit under the 'United 
 States, shall be appointed an elector. 3 
 
 [The electors shall meet in their respective States, 
 and vote by ballot for two persons, of whom one at 
 least shall not be an inhabitant of the same State with 
 themselves. And they shall make a list of all the per- 
 sons voted for, and of the number of votes for each ; 
 which list they shall sign and certify, and transmit 
 sealed to the seat of the Government of the United 
 
 1 4Wh., 316; 9 Wh. f 1 ; 12 Wh., 419 ; 8 How , 490 ; 12 How., 
 299 ; 24 How., 169 ; License Tax Cases, 5 Wall., 462 ; 6 Wall.. 35; 
 8 Wall., 110, 123, 148 ; 12 Wall., 204 ; State Tax on Railway 
 Gross Receipts, 15 Wall., 284 ; 94 U. S , 238 ; 95 U. S., 80 ; 97 
 U. S., 566 ; 107 U S., 59 ; 114 U S , 622. 
 
 2 8 Wh., 1 ; 11 Pet., 185 12 How., 299 ; 19 Wall., 581 ; 20 Wall., 
 577 ; 94 U. S., 238 ; 95 U. S., 80 ; 100 U. S., 423, 430 ; 105 U. S., 
 559. 
 
 3 2 Ball., 419 ; 20 How., 176 ; 100 U. S., 271. 
 
190 CONSTITUTION OF THE UNITED STATES. 
 
 States, directed to the President of the Senate. The 
 President of the .Senate shall, in the presence of the 
 Senate and House of JiepresentMtives, open all the cer- 
 tificates, and ihe votes shall then be counted. The 
 person having the greatest number of votes shall be the 
 President, if such number be a majority of the whole 
 number of electors appointed ; and if there be more 
 than one who have such majority, and have an equal 
 number of votes, then the House of Representatives 
 shall immediately choose by ballot one of i hem for 
 President ; and if no person have a majority, then 
 from the five highest on the list the said House shall 
 in like manner choose the President. liut in choosing 
 the President, the votes shall be taken by Sta'es. the 
 representation from each State having one vote ; a quo- 
 rum for this purpose shall consist of a member or 
 members from two-thirds of the States, and a majority 
 of all the States shall be necessary to a choice. In 
 every case, after the choice of the President, the person 
 having the greatest number of votes of the electors 
 shall be the Vice-president. But if there should re- 
 main two or more who have equal votes, the Senate 
 shall choose from them by ballot the Vice-President.] 1 
 
 The Congress may del ermine the time of choosing 
 the elec'ors, and the day on which they shall give their 
 votes ; which day shall be the same throughout the 
 U tiited States. 
 
 No person except a natural-born citizen, or a citizen 
 of the United States, at the time of tbe adoption of this 
 Constitution, shall be eligible to the office of Presi- 
 dent ; neither shall any person be eligible to that of- 
 iic ) who shall not have attain- d the age of thirty-five 
 years, and been fourteen y< ars a resident witbin the 
 United States. 2 
 
 In case of the removal of the President from office 
 or of his death, resignation, or inability to discharge 
 the powers and duties of the said office, the same shall 
 devolve on the Vice-President, and the Congress may 
 
 1 This clause in brackets lias been superseded by the Xllth 
 Amendment. 
 
 2 English v. Trustees of Sailors' Snug Harbor, 3 Pet., 89. 
 
CONSTITUTION OF THE UNITED STATES. 191 
 
 by law provide for the case of removal, death, resigna- 
 tion or inability, both of the President and Vice-PrcS- 
 iclent, declaring what officer shall then act as Prt si- 
 dent, and such officer shall act accordingly, until the 
 disability be removed, or a President shallbe elected. 
 
 The President shall, at stated times, receive for bis 
 services a compensation, which shall neither be in- 
 creased nor diminished during the period for which 
 he shall have been elected, and he shall not receive 
 within that period any other emolument from the 
 United States, or any of them. 
 
 Before he enter on the execution of his office, he 
 shall take the following oath or affirmation : 
 
 " I do solemnly swear (or affirm) that I will faith- 
 fully execute the office of President of the United 
 States, and will to the best of my ability, preserve, 
 protect and defend the Constitution of the United 
 States." 
 
 Sect. II, The President shall be Commander-in- 
 Clnef of the Army and Navy of the United States, and 
 ot the militia of the several States, when called into 
 actual service of the United States ; he may require 
 the opinion, in writing, of the principal officer in 
 each of the executive departments, upon anv subject 
 relating to the duties of their respective offices, nnd 
 he shall have power to grant reprieves and pardouy 
 for offences against the United States, except in cases 
 of impeachment. l 
 
 He shall have power, by and with the advice and 
 consent of the Senate, to 'make treaties, provided two 
 thirds of the Senators present concur ; and he shall 
 nominate, and by and with the advice and consent of 
 the Senate, shall appoint ambassadors, other public 
 ministers and consuls, judges of the Supreme Court, 
 and all other officers of the United States, whose ap- 
 pointments are not herein other wise provided for, and 
 which shall be established by law ; but the Congress 
 may by law vest the appointment of such inferior 
 
 i 7 Pet., 150; 18 How., 307; 4 Wall., 333; 6 Wall.. 766 ; 9 
 Wall., 129,542; 13 Wall., 128, 152, 156; 21 Wall., 73; 22 Wall., 
 276 ; 92 U. S., 187, 202. 
 
192 CONSTITUTION OF THE UNITED STATES. 
 
 officers, as they think proper, in the President alone, 
 in the courts of laws, or in the heads of departments. l 
 
 The President shall have power to fill up all vacan- 
 cies that may happen during the recess of the Senate, 
 by granting commissions which shall expire at the end 
 of their next session. 2 
 
 Sect. III. He shall from time to time give to the 
 Congress information of the state of the Union, and 
 recommend to their consideration such measures as 
 he shall judge necessary and expedient ; he may, on 
 extraordinary occasions, convene both houses, or 
 either of them, and in case of disagreement between 
 them, with respect to the time of adjournment, he 
 may adjourn them to such time as he shall think 
 proper ; he shall receive ambassadors and other pub- 
 lic ministers ; he shall take care that the laws be 
 faithfully executed, and shall commission all the 
 officers of the United States. 3 
 
 Sect IV. The President, Vice-President and all 
 civil officers of the United States, shall be removed 
 from office on impeachment for, and conviction of, 
 treason, bribery, or other high crimes and misde- 
 meanors. 
 
 ARTICLE III. 
 
 Section I. The judicial power of the United States, 
 shall be vested in one Supreme Court, and in such in- 
 ferior courts ns the Congress may from time to time 
 ordain and establish. The judges, both of the Su- 
 preme and inferior courts, shall hold their offices dur- 
 ing good behavior, and shall, at stated times, receive 
 for their services, a compensation, which shall not be 
 diminished during their continuance in office. 4 
 
 Sect. II. The judicial power shall extr nd to all cases, 
 
 13 Ball., 199; 1 Cr., 137; 9 Wh.. 720; 1 Pet. 511; 2 Pet., 
 253 ; 5 Pet . 1. 233 ; 6 Pet.. 515 ; 9 Pet, 224 : 17 Wall., 211. 
 
 2 United States v. Kirkpatrick. P Wh., 720. 
 
 3Cr.,137; 12 Pet., 524; 7 How., 1; 4 Wall., 475; 11 Wall., 
 493 
 
 4 2 Dall., 419 ; 1 Cr., 299 ; 5 Cr , 115 ; 6 Cr., 264 ; 1 Wh., 304 ; 
 Wh., 738; 9 How., 235; 17 How., 525; 18 How., 272 : 1 Wall. 
 243; 111 U.S. ,449. 
 
CONSTITUTION OF THE UNITED STATES. 193 
 
 in law and equity, arising under this Constitution, 
 the laws of the United States, and treaties made, or 
 which shall be made, under their authority ; to all 
 cases affecting ambassadors, other public ministers, 
 and consuls ; to all cases of admiralty, and maritime 
 jurisdiction ; to controversies to which the United 
 States shall be a party ; to controversies between two 
 or more States ; between a State and citizens of 
 another State ; between citizens of different States 
 between citizens of the same State claiming lands un- 
 der grants of different States, and between a State, or 
 the citizens thereof, and foreign states, citizens, or 
 subjects. l 
 
 In all cases affecting ambassadors, other public 
 ministers and consuls, and those in which a State shall 
 be a party, the Supreme Court shall have original 
 jurisdiction. In all the other cases before mentioned, 
 the Supreme Court shall have appellate jurisdiction, 
 both as to law and fact, with such exceptions, and un- 
 der such regulations as the Congress shall make. 2 
 
 The trial of all crimes, except in cases of impeach- 
 ment, shall be by jury ; and such trial shall be held 
 in the State where the said crimes shall have been 
 committed ; but when not committed within any 
 
 1 2 Dall., 410, 419 ; 3 Dall., 6, 297, 378 ; 4 Ball., 12 ; 1 Cr., 
 137 ; 2 Cr., 444; 3 Cr.. 159. 267 ; 4 Cr., 75, 241 305 ; 5 Cr , 57. 
 61. 303, 344 ; 6 Cr., 307 ; 7 Cr., 32 ; 1 Wh., 304 ; 2 Wh., 377 ; 3 
 Wh., 336 ; Wh., 264 ; 7 Wh , 38, 164 ; 9 Wh., 738 ; 11 Wh , 467 ; 
 
 I Pet., 511 ; 2 Pet., 136 ; 5 Pet., 1. 283 ; 6 Pet., 41, 691 ; 7 Pet., 
 276, 413 ; 8 Pet., 112, 312 ; 9 Pet., 224 ; 12 Pet., 657 ; 13 Pet., 
 519; 14 Pet, CO, 67 ; 16 Pet., 529 ; 2 How., 497 ; 3 How., 236; 
 5 How., 441 ; 7 How , 1 ; 8 How., 441 ; 12 How., 443, 466 ; 13 
 How., 268, 518 ; 16 How., 314 ; 17 How. 284 ; 18 How., 71, 76, 
 272 ; CO How., 170, 558 ; 21 How., 481 ; 23 How., 491 ; 24 How., 
 66 ; 1 Black , 286, 522. 574 ; 1 Wall., 243 ; 4 Wall., 1, 411, 475. 
 555 ; 5 Wall., 720 ; (5 Wall.. 50 ; 7 Wall., 425, 571 ; 8 Wall., 85 
 
 II Wall., 1, 39. 172; 13W 7 all., 270,397,581; 16 Wall., 203; 18 
 Wall , 553 ; 20. Wall., 445 r 21 Wall.. 41, 528 ; 92 U. S., 10 ; 94 U. 
 S., 444. 535; 100 U. S.,257. 
 
 2 2 Dall., 419; 3 Dall., 321; 1 Cr.. 137; 6 Cr.. 307 ; 1 Wh., 
 *304 ; 6 Wh.. 234 ; 7 Wh., 38 ; 10 Wh., 1, 51 ; 11 Wh,, 467 ; 5 Pet. 
 
 1, 189, 2F3 ; 12 Pet, 48H, 657 ; 13 How., 518 ; 14 How.. 103 ; 21 
 How., 506 ; 2 Wall., 160 ; 6 Wall., 318 ; 7 Wall., 506 ; 8 Wall., 85, 
 307 ; 9 Wall., 274 ; 10 Wall., 553 ; 20 Wall., 590 ; 111 U. S., 
 252, 449. 
 
194 CONSTITUTION OF THE UNITED STATES, 
 
 State, the trial shall be at such place or places as the 
 Congress may by law have directed. l 
 
 Sect, HI. Treason against the United Stales, shall 
 consist only in levying war against them, or in adher- 
 ing to their enemies, giving them aid and comfort. 
 No person shall be convicted of treason unless on the 
 testimony of two witnesses to the same overt act, or 
 on confession in open court. 2 
 
 The Congress shall have power to declare the pun- 
 ishment of treason, but no attainder of treason shall 
 work corruption of blood, or forfeiture, except during 
 the life of the person attainted. 3 
 
 AETICLE IV. 
 
 Section L Full faith and credit shall be given in 
 each State to the public acts, records, and judicial 
 proceedings of every. other State. And the Congress 
 may by general laws prescribe the manner in which 
 such acts, records and proceedings shall be proved, 
 and the effect thereof. 4 
 
 Sect, II. The citizens of each State shall be entitled 
 to all privileges and immunities of citizens in the 
 several States. 6 
 
 A person charged in any State with treason, felony, 
 or other crime, who shall flee from justice, and be 
 found in another State, shall on demand of the execu- 
 tive authority of the State from which he fled, be de- 
 livered up, to be removed to the State having juris- 
 diction of the crime. 6 
 
 No person held to service or labor in one State, un- 
 
 -D, 4 Wall., 2. 
 
 2 2 Ball., 335, 348 ; 4 Cr , 75, 469. 
 
 3 9 Wall., 339 ; 18 Wall., 1F-6, 163 ; 92 U. 8., 202. 
 
 4 7 Cr , 481 ; 3 Wh , 234 ; 6 Wh., 329 ; 10 Wh., 465 ; 11 Wb., 
 392 ; 9 Pet., 86 ; 13 Pet.. 312, 519 ; 9 How., 522 : 11 How., 165 ; 
 5 Wall., 290; 7 Wall., 139; 8 Wall., 168; 17 Wall., 521; 18 
 Wall., 457 ; 104 U. S., 592. 
 
 5 5 Cr., 61, 761 ; 12 Pet., 657 ; 13 Pet., 519 ; 14 How., 13 ; 18 
 How., 591 ; 19 How., 393 ; 6 Wall.. 35 ; 8 Wall., 123, 168 ; 10 
 Wall., 173, 566 ; 12 Wall., 418 ; 16 Wa L, 36, 130 ; 93 U. S , 72 ; 
 94 U. S., 391 ; 114 U. S., 622. 
 
 6 14 Pet., 540 ; 24 How., 66 ; 16 Wall., 366. 
 
^CONSTITUTION OF THE UNITED STATES. 195 
 
 der the laws thereof, escaping into another, shall, in 
 consequence of any law or regulation therein, be dis- 
 charged from such service or labor, but shall be de- 
 livered up on claim of the party to whom such service 
 or labor may be due. l 
 
 Sect. III. New States may be admitted by the Con- 
 gress into this Union ; but no new State shall be 
 formed or erected within the jurisdiction of any other 
 State ; nor any State be formed by the junction of two 
 or more States, or parts of States, without the consent 
 of the legislatures of the States concerned as well as 
 of the Congress. 2 
 
 The Congress shall have power to dispose of and 
 make all needful rules and regulations respecting the 
 territory or other property belonging to the United 
 States ; and nothing in this Constitution shall be so 
 construed as to prejudice any claims of the United 
 States, or of any particular State. 3 
 
 Sect. IV. The United States shall guarantee to every 
 State in this Union a republican form of government, 
 and shall protect each of them against invasion ; and 
 on application of the legislature, or of the executive 
 (when the legislature cannot be convened) against 
 domestic violence. 4 
 
 ARTICLE Y. 
 
 The Congress, whenever two-thirds of both houses 
 shall deem it necessary, shall propose amendments to 
 this Constitution, or, on the application of the legis- 
 latures of two-thirds of the several States, sh;ill call a 
 convention for proposing amendments, which, in 
 either case, shall be valid to all intents and purposes, 
 as part of this Constitution, when ratified by the legis- 
 latures of three-fourths of the several States, or by 
 
 1 16 Pet., 539 ; 6 How., 215 ; 10 How., 82 ; 14 How., 13 ; 19 
 How., 393 ; 21 How., 506. 
 
 2 1 Pet., 511 ; 3 How., 212 ; 16 How., 164. 
 
 3 4 Wh., 316 ; 1 Pet., 511 ; 14 Pet., 526 ; 4 How., 567 ; 16 How,, 
 164 ; 18 How., 100 ; 13 How., 92, 434 ; 16 How., 535. 
 
 * Luther v. Borden, 7 How., 1 ; Texas v. White, 7 Wall., 700. 
 
196 CONSTITUTION OF THE UNITED STATES. 
 
 conventions in three-fourths thereof, as the one or the 
 other mode of ratification maybe proposed by the 
 Congress ; provided that no amendments which may 
 be made prior to the year one thousand eight hnndre 1 
 and eight shall in any manner affect the rirst an -I 
 fourth clauses in the ninth section of the first arti-'l- ; 
 and that no State, without its consent, shall betu- 
 prived of its equal suffrage in the Senate. 
 
 ARTICLE VI. 
 
 All debts contracted and engagements entered into, 
 before the adoption of this Constitution, shall he a-; 
 valid against the United States under this Constitu- 
 tion, as under the Confederation. 
 
 This Constitution, and the lawsof theUnited States 
 which shall be made in pursuance thereof; and all 
 Treaties made, or which shall be made, under the 
 authority of the United States. Khali be the supreme 
 law of the land ; and the judges in every Stati shall 
 be bound thereby, anything in the constituted or 
 laws of any State to the contrary notwithstanding. 
 
 The Senators and Representatives before men- 
 tioned, and the members of the several State legi^la- 
 tures, and all executive and judicial officers, both of 
 the United States and of the several States, shall be 
 bound by oath or affirmation, to support this Consti- 
 tution ; but no religious test shall ever be required as 
 a qualification to any office or public trust under the 
 United States. 2 
 
 ARTICLE VII. 
 
 The ratification of the conventions of nine States, 
 shall be sufficient for the establishment of this Con- 
 stitution between the States so ratifying the same. 3 
 
 1 2 Ball., 409 ; 3 Dall., 199, 336 ; 1 Or., 137 ; 2 Wh., 259 ; 4 Wh , 
 316; 8 Wh , 461; 9 Wh., 1; 2 Pet., 253.586; 6 Pet., 515; It How., 
 38 ; 18 How., 331 ; 21 How , 366, 500 ; 22 How., 227, 244 ; 9 Wall , 
 32. 
 
 2 Expartf Garland. 4 Wall., 333. 
 
 3 The text, and punctuation, of the Constitution, as above, 
 conform to the document in the custody of the State Depart- 
 ment. 
 
CONSTITUTION OF THE UNITED STATES. 197 
 
 AKTICLES IN ADDITION TO, AND AMENDMENT OF, THE 
 CONSTITUTION OF THE UNITED STATES OF AMERICA, 
 PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGIS- 
 LATURES OF THE SEVERAL STATES PURSUANT TO THE 
 FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION. l 
 
 ARTICLE I. 
 
 Congress shall make no law respecting an establish- 
 ment of religion, or prohibiting the free exercise there- 
 of ; or abridging the freedom of speech, or of tl e 
 press ; or the right of the people peaceably to assem- 
 ble, and to petition the Government for u redress of 
 grievances. 2 
 
 ARTICLE II. 
 
 A well-regulated militia, being ne -essary to the se- 
 curity of a free State, the right of the people to keep 
 and bear arms, shall not be infringed. 
 
 ARTICLE III. 
 
 No soldier shall, in time of peace be quartered in 
 any house, without the consent of the owner, nor in 
 the time of war, but m a manner to be prescribed by 
 law. 
 
 ARTICLE IV. 
 
 The right of the people to be secure in their per- 
 sons, houses, papers, and effects, against unreason- 
 able searches and seizures, shall not be violated, and 
 
 ^Vl> ... .. - ' 
 
 1 The first teu amendments to the Constitution were pro- 
 posed to the legislatures of the several States by the First Cou- 
 gress, on the 25th of September. 1789, and were ratified by the 
 States between that date and December 15, 1791. There is no 
 evidence on the journals of Congress that the legislatures of 
 Connecticut Georgia, and Massachusetts ratified them. 
 
 2 9 Cr., 43 ; 2 How., 127 ; 4 Wall., 333 ; 92 U. 8., 542 ; 98 U, S., 
 
198 CONSTITUTION OF THE UNITED STATES. 
 
 no warrants shall issue, but upon probable cause, 
 supported by oath or affirmation, and particularly de- 
 scribing the place to be searched, and the person or 
 things to be seized. J 
 
 ARTICLE V. 
 
 No person shall be held to answer for a capital, or 
 otherwise infamous crime, unless on a presentment or 
 indictment of a grand jury, except in cases arising in 
 the land or naval forces, or in the militia, when in ac- 
 tual service in time of war or public danger ; nor shall 
 any person be subject for the same offence to be twice 
 put in jeopardy of life or limb ; nor shall be compelled 
 in any criminal case to ba a witness against himself, 
 nor be deprived of life, liberty, or property, without 
 due process of law ; nor shall private property be 
 taken for public use, without just compensation. 2 
 
 ARTICLE VI. 
 
 In all criminal prosecutions, the accused shall enjoy 
 the right to a speedy an 1 public trial, by an impartial 
 jury of the State and district wherein the crime shall 
 have been committed, which district shall have been 
 previously ascertained by law, ancl to be informed of 
 the nature and cause of the accusation ; to be con- 
 fronted with the witnesses against him ; to have com- 
 pulsory process for obtaining witnesses in his favor 
 and to have the assistance of counsel for his defence. 3 
 
 ARTICLE VII. 
 
 In suits at common law, where the value in contro- 
 versy shall exceed twenty dollars, the right of trial by 
 
 1 18 How., 71, 572 ; 4 Wall., 2. 
 
 2 9 Wh., 579 ; 7 Pet., 243 ; 5 How.. 410 ; 6 How., 507 ; 13 How.. 
 115 ; 14 How.. 13; 18 How., 272 ; 20 How.. 65 84; 2 Black, 510; 
 4 Wall., 2 ; 7 Wall., 321 ; 8 Wall.. 603 : 11 Wall., 268; ]2 Wall., 
 457 ; 13 Wall., 166, 6S4 ; 18 Wall., 163 ; 91 U. S., 367 ; 114 U S. 
 417. 
 
 3 ] Wh., 412 ; 7 Wh., 33 ; 7 Pet.. 142, 243 ; 5 How., 410 : 20 
 How.. 84; 4 Wall. 2; 7 Wall.. 321 ; 11 Wall., 268; 17 Wall,, 168; 
 92 U. S., 542. 
 
CONSTITUTION OF THE UNITED STATES. 199 
 
 jury shall be preserved, nnd no fact tried by a jury 
 shall be otherwise re-examined in any court of the 
 United States, than according to the rules of the com- 
 mon law. 
 
 ARTICLE VIII. 
 
 Excessive bail shall not be required, nor excessive 
 fines imposed, nor cruel and unusual punishment in- 
 flicted. 2 
 
 ARTICLE IX. 
 
 The enumeration in the Constitution, of certain 
 rights, shall not be construed to deny or disparage 
 others retained by the people. 3 
 
 ARTICLE X. 
 
 The powers not delegated to the United States by 
 the Constitution, nor prohibited by it to the States, 
 are reserved to the States respectively, or to the 
 people, 4 
 
 ARTICLE XI. 
 
 The judicial power of the United States shall not 
 be construed to extend to any suit in law or equity, 
 commenced or prosecuted against one of the United 
 States by citizens of another State, or by citizens or 
 subjects of any foreign state. 5 
 
 1 3 Dall., 297 ; 4 Wh., 235 ; 3 Pet., 433 ; 7 Pet., 469 ; 11 How., 
 437 ; 13 How., 518 ; 9 Wall., 274 ; 21 Wall., 532 ; 92 U. S., 294 ; 
 102 U S., 426. 
 
 2 Pervear v. Commonwealth, 5 Wall., 475. 
 
 3 Lessee of Livingston v. Moore, 7 Pet., 469. 
 
 4 2 Ball., 419 ; 3 Ball., 378 ; 1 Wh., 304 ; 4 Wh., 316 ; 6 Wh , 
 204, 264 ; 9 Wh., 738 ; 2 Pet., 586 ; 21 How., 506 ; 11 Wall., 113 ; 
 93 U.S., 130: 9t U. S., 238 
 
 6 2 Dall., 402, 419 ; 3 Ball., 378 ; 6 Wh.. 264 ; 9 Wh.. 738, 904 ; 
 1 Pet., 110 ; 5 Pet , 1 ; 11 Pet., 257 ; 15 How., 304 ; 108 U. 8., 76; 
 114 U. S., 270. 
 
 The Eleventh Amendment was proposed to the legislatures 
 of the several States by the Third Congress, on the 5th of Sep- 
 tember, 1794 ; and was declared in a message from the Presi- 
 dent to Congress, dated the 8th of January. 1798, to have been 
 ratified by the legislatures of three-fourths of the States. 
 
200 CONSTITUTION OF THE UNITED STATES. 
 
 ARTICLE XII. 
 
 The electors shall meet in their respective States, 
 and vote by ballot for President and Vice-President, 
 one of whom, at least, shall not be an inhabitant of 
 the same State with themselves ; they shall name in 
 their ballots the person voted for as President, and in 
 distinct ballots the person voted for as Vice-Presi- 
 deut, and they shall make distinct lists of all persons 
 voted for as President, and of all persons voted for as 
 Vice-President, and of the number of votes for each, 
 which lists they shall sign and certify, and transmit 
 sealed to the seat of the government of the United 
 St ites, directed tothe President of the Senate ; The 
 President of _the Senate shall, in the presence of the 
 Senate and House of Representatives, open all the 
 certificates and the votes shall then be counted ; The 
 person having the greatest number of votes for Presi- 
 dent, shall be the President, if such number be a ma- 
 jority of the whole number of electors appointed ; and 
 if no person have such majority, then from the per- 
 sons having the highest numbers not exceeding three 
 on the list of those voted for as President, the House 
 of Representatives shall choose immediately, by bal- 
 lot, the President. But in choosing the President, 
 the votes shall be taken by States, the representation 
 from each State having one vote ; a quorum for this 
 purpose shall consist of a member or members from 
 two thirds of the States, and a majority of all the 
 States shall be necessary to a choice. And if the 
 House of Representatives shall not choose a President 
 whenever the right of choice shall devolve upon them, 
 before the fourth day of March next following, th^n 
 the Vice-President shall act as President, as in the 
 case of the death or other constitutional disability of 
 the President. 
 
 The person having the greatest number of votes as 
 Vice-President, shall be the Vice-President, if such 
 number be a majority of the whole number of electors 
 appointed, and if no person have a majority, then 
 from the two highest numbers on the list, the Senate 
 shall choose the Vice-President ; a quorum for the 
 
CONSTITUTION OF THE UNITED STATES. 201 
 
 purpose shall consist of two thirds of the whole num- 
 ber of Senators, and a majority of the whole number 
 shall be necessary to a choice. But no person consti- 
 tutionally ineligible to the office of President shall be 
 eligible to that of Vice-President of the United 
 States. J 
 
 ARTICLE XIII. 
 
 Section 1. Neither slavery nor involuntary servi- 
 tude, except as a punishment for crime whereof the 
 party shall'have been duly convicted, shall exist with- 
 in the United States, or any place subject to their ju- 
 risdiction. 
 
 Sect. II. Congress shall have power to enforce this 
 article by appropriate legislation. 2 
 
 ARTICLE XIV. 
 
 Section I, All persons born or naturalized in the 
 United States, and subject to the jurisdiction thereof, 
 are citizens of the United States and of the State 
 wherein they reside. No State shall make or enforce 
 any law which shall abridge the privileges or immu- 
 nities of citizens of the United States ; nor shall any 
 State deprive a'ny person of life, liberty, or property, 
 without due process of law ; nor deny to any person 
 
 i The Twelfth Amendment was proposed to the legislatures 
 of the several States by the Eighth Congress, on the 12th of 
 December, 1803, in lieu of the original third paragraph of Sec- 
 tion I. of Article II., and was declared in a proclamation of the 
 Secretary of State, dated the 25th of September, 1804, to have 
 been ratified by the legislatures of three-fourths of the States. 
 
 219 How., 393; 13 Wall,, 646, 654; 16 Wall., 36; 100 U. S., 
 339 ; 109 U. S , 3. 
 
 The Thirteenth Amendment was proposed to the legislatures 
 of the several States by the Thirty-eighth Congress, on the 1st 
 of Pebruary, 1865, and was declared, in a proclamation of the 
 Secretary of State, dated the 18th of December, 1865 to have 
 been ratified by the legislatures of twenty -seven of the thirty- 
 six States, viz. : Illinois, Khode Island, Michigan, Maryland, 
 New York, West Virginia, Maine, Kansas, Massachusetts. Penn- 
 sylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, 
 Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Con- 
 necticut, New Hampshire, South Carolina, Alabama, North 
 Carolina, and Georgia. 
 
202 CONSTITUTION OF THE UNITED STATES. 
 
 within its jurisdiction the equal protection of the 
 laws. * 
 
 Sect. II. Eepresentatives shall be apportioned 
 among the several States according to their respective 
 numbers, counting the whole number of persons in 
 each State, excluding Indians not taxed. But when the 
 right lo vote at any election for the choice of electors 
 for President and Vice-President of the United States, 
 Representatives in Congress, the executive and ju- 
 dicial officers of the State, or the members of the 
 legislature thereof, is denied to any of the male in- 
 habitants of such State, being twenty-one years of 
 age, and citizens of the United States, or in any way 
 abridged, except for participation in rebellion, or 
 other crime, the basis of representation therein shall 
 be reduced in the proportion which the* number of 
 such male citizens shall bear to the whole number of 
 male citizens twenty-one years of age in such State. 
 
 Sect. III. No person shall be a Senator or Repre- 
 sentative in Congress, or elector of President and 
 Vice-President, or hold any office, civil or military, 
 tinder the United States, or under any State, who, 
 having previously taken an oath, as a member of Con- 
 gress, or as an officer of the United States, or as a 
 member of any State legislature, or as an executive or 
 judicial officer of any State to support the Constitu- 
 tion of the United States, shall have engaged in in- 
 surrection or rebellion against the same, or given aid 
 or comfort to the enemies thereof. But Congress 
 may, by a vote of two thirds of each House, remove 
 such disability. 
 
 Sect. IV. The validity of the public debt of the 
 United States, authorized by law, including debts in- 
 curred for payment of pensions and bounties for ser- 
 vices in suppressing insurrection or rebellion, shall 
 not be questioned. But neither the United States 
 nor any State shall assume or pay any debt or obliga- 
 tion incurred in aid of insurrection or rebellion 
 
 l 100 U. S.. 303, 313, 339 ; 101 U. S., 22 ; 109 U. S., 3, 285 ; 110 
 U. S., 516 ; 111 U. S., 701 ; 112 U. S., 94 ; 113 U. S., 9, 27, 506 
 370 ; 1U U. S., 606. 
 
CONSTITUTION OF THE UNITED STATES. 203 
 
 against the United States or any claim for the loss or 
 emancipation of any slave ; but all such debts, obliga- 
 tions and claims shall be held illegal and void. 
 
 Sect. V. The Congress shall have power to enforce, 
 by appropriate legislation, the provisions of this ar- 
 ticle. 
 
 ARTICLE XV. 
 
 Section I. The right of citizens of the United 
 States to vote shall not be denied or abridged by the 
 United States or any State on account of race, color, 
 or previous condition of servitude. 
 
 Sect. II. The Congress shall have power to enforce 
 this article.by appropriate legislation. 2 
 
 l 6 Wall., 35 ; 8 Wall., 168 ; 12 Wall., 418 ; 16 Wall., 36, 130 ; 18 
 Wall., 129 ; 21 Wall., 102 ; 92 U. 8., 90, 480, 542 ; 94 U. S., 113. 
 
 The Fourteenth Amendment was proposed to the legisla- 
 tures of the several States by the Thirty-ninth Congress, on 
 the 16th of June. 1S66. On the 28th of July, 1868, the Secre 
 tary of State issued a proclamation declaring that this amend- 
 ment had been ratified by the legislatures of thirty of the 
 thirty-six States. 
 
 292U. S. 214, 542 ; 110 U. S., 651. 
 
 The Fifteenth Amendment was proposed to the legislatures 
 of the several States by the Fortieth Congress, on the 27th of 
 February, 1869, and was declared, in a proclamation of the 
 Secretary of State, dated March 30, 1870, to have been ratified 
 by the legislatures of twenty-nine of the thirty-seven States. 
 
204 
 DECLARATION OF INDEPENDENCE. 
 
 WHEN, in the course of human events, it becomes 
 necessary for one people to dissolve the political 
 bands which have connected them with another, and 
 to assume, among the powers of the earth, the sepa- 
 rate and equal station to which the laws of Na- 
 ture and Nature's God entitle them, a decent re- 
 spect to the opinions of mankind requires that they 
 should declare the causes which impel them to the 
 separation. 
 
 We hold these truths to be self-evident ; that all 
 men ai e created equal ; that they are endowed by 
 their Creator with certain inalienable rights ; that 
 among these are life, liberty, and the pursuit of hap- 
 piness. That to secure these rights, governments are 
 instituted among men, deriving their just powers from 
 the consent of the governed ; that whenever any 
 form of government becomes destructive of these 
 ends, it is the right of the people to alter or to abolish 
 it, and to institute a new government, laying its foun- 
 dation on such principles, and organizing its powers 
 in such form as to them shall seem most likely to 
 effect their safety and happiness. Prudence, indeed, 
 will dictate that governments long established should 
 not be changed for light and transient causes ; and 
 accordingly all experience hath shown that mankind 
 are more disposed to suffer, while evils are sufferable, 
 than to right themselves, by abolishing the forms to 
 which they are accustomed. But when a long train 
 of abuses and usurpations, pursuing invariably the 
 same object, evinces a design to reduce them under 
 absolute despotism, it is their right, it is their duty, to 
 throw off such government, and to provide new guards 
 for their future security. Such has been the patient 
 sufferance of these colonies, and such is now the ne- 
 cessity which constrains them to alter their former 
 systems of government. The history of the present 
 king of Great Britain is a history of repeated injuries 
 and usurpations, all having in direct object the estab- 
 
DECLAKATION OF INDEPENDENCE. 205 
 
 lishment of an absolute tyranny over these States. To 
 prove tuis, let facts be submitted to a candid world : 
 
 He has refused his assent to laws the most whole- 
 some and necessary forthe public good. 
 
 He lias forbidden his governors to pass laws of im- 
 mediate and pressing importance, unless suspended 
 in their operation till his assent should be obtained ; 
 jind when so suspended he has utterly neglected to 
 attend to them. He has refused to pass other laws 
 lor the accommodation of large districts of people, 
 unless those people would relinquish the right of rep- 
 resentation in the legislature a right inestimable to 
 them, and formidable to tyrants only. 
 
 He has called together legislative bodies at places 
 unusual, uncomfortable, and distant from the re- 
 pository of tbe public records, for the sole purpose 
 of fatiguing them into compliance with his measures. 
 
 He has dissolved representative houses repeatedly 
 for opposing, with manly firmness, his invasions on 
 the rights of the people. 
 
 He has refused for a long time after such dissolu- 
 tion to cause others to be elected ; whereby the legis- 
 lative powers, incapable of annihilation, have returned 
 to the people at large for their exercise, tbe State re- 
 maining, in the meantime, exposed to all the dangers 
 of invasion from without and convulsions within. 
 
 He has endeavored to prevent the population of 
 these States, for that purpose obstructing tbe laws 
 of naturalization of foreigners; refusing to pass others 
 to encourage their migration hither, and raising the 
 conditions of new appropriations of lands. 
 
 He has obstructed the administration of justice by 
 refusing his assent to laws for establishing judiciary 
 powers. 
 
 He has made judges dependent on his will alone 
 for the tenure of their offices and the amount of paj r - 
 ment of their salaries. 
 
 He has erected a multitude of new offices, and sent 
 hither swarms of officers to harass our people, and 
 eat out their substance. 
 
 He has kept among us, in times of peace, standing 
 armies, without the consent of our legislatures. 
 
20G DECLARATION OF INDEPENDENCE. 
 
 He has affected to render the military independent 
 of and superior to the civil power. 
 
 He has combined with others to subject us to a ju- 
 risdiction foreign to our Constitution, and unacknowl- 
 edged by our laws ; giving his assent to their acts of 
 pretended legislation : 
 
 For quartering large bodies of armed troops among us : 
 For protecting them by a mock trial from punish- 
 ment for any murders which they should commit on 
 the inhabitants of these States : 
 
 For cutting off our trade with all parts of the world : 
 
 For imposing taxes on us without our consent : 
 
 For depriving us, in many cases, of the benefits of 
 trial by jury : 
 
 For transporting us beyond seas to be tried for pre- 
 tended offences : 
 
 For abolishing the free system of English laws in a 
 neighboring province, establishing therein an arbitra- 
 ry government, and enlarging its boundaries, so as to 
 render it at once an example and lit instrument for 
 introducing the same absolute rule into these colonies : 
 
 For taking away our charters, abolishing our most 
 valuable laws, and altering, fundamentally, the forms 
 of our government : 
 
 For suspending our own legislatures, and declaring 
 themselves invested with power to legislate for us in 
 all cases whatsoever. 
 
 He has abdicated government here by declaring us 
 out of his protection, and waging war against us : 
 
 He has plundered our seas, ravaged our coasts, 
 burnt our towns, and destroyed the lives of our people. 
 
 He is at this time transporting large armies of foreign 
 mercenaries to complete the works of death, desola- 
 tion, and tyranny already begun, with circumstances 
 of cruelty and perfidy scarcely paralleled in the most 
 barbarous ages, and totally unworthy the head of a 
 civilized nation. 
 
 He has constrained our fellow-citizens, taken cap- 
 tive on the high seas, to bear arms against their coun- 
 try, to become the executioners of their friends and 
 brethren, or to fall themselves by their hands. 
 
 He has excited domestic insurrections among us, 
 
DECLARATION OF INDEPENDENCE. 207 
 
 and has endeavored to bring on the inhabitants of our 
 frontiers the merciless Indian savages, whose known 
 rule of warfare is an undistinguished destruction of 
 all ages, sexes, and conditions. 
 
 In every stage of these oppressions we have peti- 
 tioned for redress in the most humble terms ; our re- 
 peated petitions have been answered only by re- 
 peated injury. A prince whose character is thus 
 marked by every act which may define a tyrant is un- 
 fit to be the ruler of a free people. 
 
 Nor have we been wauling in attentions to our 
 British brethren. We have warned them, from time 
 to time, of attempts by their legislature to extend an 
 unwarranted jurisdiction over us. We have reminded 
 them of the circumstances of our emigration and set- 
 tlement here. We have appealed to their native jus- 
 tice and magnanimity, and we have conjured them by 
 the ties of our common kindred to disavow these usur- 
 pations, which would inevitably interrupt our connec- 
 tions and correspondence. They, too, have been deaf 
 to the voice of justice and consanguinity. We must, 
 therefore, acquiesce in tli^ necessity which denounces 
 our separation, and hold them, as we hold the rest of 
 mankind, euernies in war, in peace friends. 
 
 We therefore, the representatives of the United 
 States of America, in General Congress assembled, 
 appaaling to the Supreme Judge of the world for the 
 rectitude of our intentions, do, in the name and by 
 the authority of the good people of these colonies, 
 solemnly publish and declare that these United Colo- 
 nies are, and by right ought to be, free and independ- 
 ent States ; that they are absolved from all allegiance 
 to the British crown, and that all political connection 
 between them and the State of Great Britain is, and 
 ought to be, totally dissolved ; find that, as free and 
 independent States, they have full power to levy war, 
 conclude peace, contract alliances, establish com- 
 merce, and do all other acts and things which inde- 
 pendent States may of right do. And for the support 
 of this declaration, with a firm reliance on the pro- 
 tpction of Divine Providence, we mutually pledge to 
 each other our lives, our fortunes, and our sacred honor. 
 
INDEX. 
 
 The figures refer to the numbers of the paragraphs. 
 
 Acceptance by the maker of a motion, of an amendment, 
 
 92, 93. 
 
 Addition of propositions, how effected, 88. 
 Adjournment, without day, equivalent to a dissolution, 139. 
 effect of, on business under consideration, 14O. 
 motion for, takes precedence of all other motions, 137. 
 when it may be amended, 137. 
 form of, 138, 2OO. 
 
 Amendment, purposes of motions for, 6O, 78. 
 order of proceeding in, 95, 191. 
 acceptance of by mover of proposition, 92, 93. 
 of amendments by striking out and inserting, 107, 1O8. 
 of amendment, to be put before the original amendment, 
 
 no. 
 
 of an amendment to an amendment, not allowed, 96. 
 
 object ot Buch motion, how attained, 96, 97. 
 cannot be made to what has been agreed to on a question, 
 
 98, 99, 100, 101. 
 
 inconsistency of, with one already adopted, 1O2. 
 may show the absurdity of the original object of the 
 
 proposition, 132. 
 
 Amendment, may change the object, 128, 129, 133. 
 or may defeat the object, 13O, 131. 
 by addition, 88. 
 by separation, 89. 
 by transposition, 9O. 
 by striking out, 94, 1O3 to 112. 
 by inserting or adding, 94, 113 to 121. 
 by striking out and inserting, 94, 122 to 127. 
 motion for, by striking out and inserting, 1O3, 1O4, 111, 
 122. 
 
 may be divided, 122. 
 
 may be amended, 126. 
 
 manner of stating question on, 112, 121, 127. 
 
 precedence of question on, 123. 
 
 to strike out, decided in the negative, equivalent to the 
 affirmative of agreeing. 98, 1OO, 252. 
 
 if passed may not be renewed, 1O3 to 1O6, 113 to 
 
 116,119, 124,125. 
 stands in the same degree with the previous question, ami 
 
 indefinite postponement 184. 
 superseded by a motion to postpone to a day or to commit, 
 
 185. 
 
 may be amended, 96, 1O7, 117, 126, 184. 
 effect of vote on, 94 to 127, 187. 
 to be put before the original motion, HO, 12O. 
 
INDEX. 209 
 
 Apology, 42. 
 
 Assembly, Deliberative, purposes of, how effected, 1. 
 how organized, 2, 3. 
 judgment of, how expressed, 13. 
 Assembling-, time of, to be fixed beforehand. 23. 
 
 place or', in possession of assembly, 9. 
 Authentication of acts, etc., of a deliberative assembly, 27, 
 
 32. 
 Blanks, filling of, 84. 
 
 with times or numbers, rule for, 85, 86, 87. 
 
 See Precedence. 
 Chairman preliminary election of, 3. 
 
 See Presiding Officer. 
 Clerk, 5. 
 
 See Recording Officer. 
 
 Committees, objects and advantages of, 258, 260, 261. 
 who to compose, 258, 27O. 
 
 usually those favorable to the proposed measure, 271. 
 mode of appointm nt of, 263, 267, 268, 269. 
 when by the presiding officer, under a standing rule, 266. 
 how notified of their appointment, 32, 272. 
 when and where to sit, 274, 275, 277. 
 select, 259. 
 
 how appointed, 264 to 269. 
 standing, 259. 
 
 what to be referred to. 74. 
 instructions to, 65, 76, 77, 262. 
 
 list of. etc., given by the clerk to the member first ap- 
 pointed. 272. 
 persons first appointed on, acts as chairman by courtesy. 
 
 273. 
 
 proceed like other assemblies, 276, 279. 
 may proceed by sub-committees, 3O6. 
 mode of proceeding on a paper which has been referred to 
 
 them, 279, 281, 283. 
 
 mode of proceeding on a paper originating in the commit- 
 tee, 279, 280, 282. 
 manner of closing session of. 285. 
 
 report of, how made. 282, 283, 284, 286, 287, 292. 
 form of report of, 286, 292. 
 mode of proceeding on report of, 292, 293, 294, 295. 
 
 296. 
 
 acceptance of report of, 295. 
 form of stating questions on report of, 295, 296. See 
 
 Report. 
 
 Committee of the Whole, of whom composed, 259. 
 how constituted, 297. 
 what a quorum of, 299. 
 who presides over, 297, 298. 
 who is clerk of, 3O1. 
 
 proceedings of, similar to those of the assembly itsalf, 
 302, 309. 
 
210 
 
 Committee of the Whole, mode of proceeding if one session 
 
 does not complete the bn iness, 3O4. 
 who may speak in. and how often 3O5. 
 caimot refer any matter to another committee, 3O6 . 
 cannot punish for breaches of order. 308. 
 disorderly words in, how noticed, 308. 
 differences between and other committees, 3O2 to 308. 
 presiding officer of assembly to remain in the room, during 
 
 the session of ,3OO. 
 See Reports Disorderly Words. 
 Commitment, definition and purposes of, 73. 
 when a proper coarse, 6O. 
 what may be committed. 75. 76. 77. 
 affect of a vote on a motion for. 18 3. 
 motion for, may be amended. 181. 
 
 supersedes a motion to ameud 185. 
 
 is of the same degree with motions for the previous 
 
 question and postponement. 182. 
 See Committees. 
 Communications to the assembly, how made, 44, 46, 48, 
 
 49. 
 Consent of the assembly, in what cases, and how far to be 
 
 presumed by the presiding officer, 35, 237, 293. 
 Contested Elections. 7. 
 
 Credentials of members, 7. 
 Debate, proper character of. 2O1. 
 
 should be confined to the qn< stion 209 . 
 
 usual mode of putting an end to, 22O, 221. 
 of shortening, 222. 
 
 .. . 
 
 Decorum; Breaches oC 37, 38. 39, 4O, 41, 223, 224. 
 how to be noticed. 4O. 
 remedy for. 224, 225, 226. 
 how a member is to proceed to exculpate himself from 
 
 a charge of. 4O. 
 See Disorderiy Words. Order. 
 Disorderly Words, cause of proceedings, when cpoken. 
 
 227 to 231. 
 
 to be written down by the clerk, as spoken, 928. 229. 
 members not to be censured for, unless complained of at 
 
 the time. 232. 
 spoken in a committee during its- session, 278. * 
 
 in committee of the whole to be written down, and 
 reported to the assembly. 308. 
 Disorderly Condnct. 9, 37 t-> 4O. 313. 
 Division : * -r>-:: : 79 : 83, 122, 123. 
 effect of, 80. 
 
 motion for. how made. 8O. 
 right to demand, 81, 82. 
 when it may take place. 83. 
 
INDEX. 
 
 Elections and Returns. 6, 7, 8. 
 
 Expulsion, 42. 
 
 Floor, how to obtain . 46. 
 
 who has a right tc . 47, 2O3, 2O4, 2O5. 
 
 member in possession of, to be interrupted only by a call 
 to order. 2OO. 
 
 when usually allowed to the mover of a motion. 2O4. 
 
 when one relinquishes, for one purpose, he does so for all 
 
 purposes. 2O5, 219. 
 Forms of proceeding, 1O, 59, 315. 
 
 See Order, Knits. 
 Incidental Questions, 150 to 165. 
 
 questions of order, 151 to 154. 
 
 reading papers, 155 to 160. 
 
 withdrawal of a m .ion 161, 162. 
 
 suspension of a rule, 163, 164. 
 
 amendment of amendments, 165. 
 
 Introduction of business, how accomplished, 43. 
 
 Journal of a deliberate assembly, what and how kept, 32, 
 
 33. 
 
 Judgrment of an aggregate body, how evidenced. 14. 
 Iiie on tlie Table, purpose of motion for, SO, 71, 72. 
 Motion for, cannot be amended, 17O. 
 when to be resorted to, 171. 
 effect of vote on, 71, 72, 172, 173. 
 takes precedence of all other subsidiary motions, 171. 
 List of members, 6. 
 Main Question, 63, 64, 135, 213. 
 Majority, u vision by, on questions and elections, 24. 
 Members, rights and duties of, 36. 
 punishments of, 42. 
 not to be present at debates on matters concerning thera- 
 
 >. 41, 225, 230. 
 
 proceedings on quarrels between, caution relating to. 314. 
 Membership, rights of. how decided, 8. 
 Modification of a motion by the mover, 92. 
 Motion, definition of, 45, 59, 233. 
 to be in writing, 54. 
 to be seconded, 53 to 55. 
 how seconded, 55. 
 when in order, 247. 
 subsidiary, need not be in writing, 54. 
 
 but must be seconded, 55. 
 to suppress a proposition. 62. 
 to be stated or read for the information of any member, 
 
 57. 
 
 can be withdrawn only by leave, 56, 92. 
 when before the assembly, none other can be received, 
 except privileged motions, 58. 
 
212 INDEX. 
 
 Motion, is not before the assembly, until stated by its presid- 
 ing officer 198. 
 not in order unless the maker be called to by the presiding 
 
 officer, 2OO. 
 
 by one seated, or not addressing the chair, not to be re- 
 ceived. 2OO. 
 
 principal and subsidiary, cannot be made together, 199. 
 Naming* a member, what. 4O, 225. 
 Numbers prefixed to paragraphs of a proposition, not a part 
 
 of it, 91. 
 
 Officers of an assembly, titles of, 5. 
 who are, usually, 26. 
 how appointed, and removable, 26. 
 a majority, necessary to elect, 26. 
 when not members of the assembly, 5. 
 pro tempore. when to be chosen, 29. 
 
 See Presiding officer, Recording Officer. 
 Order of a deliberate assembly, what, 13. 
 of business, 188 to 2OO. 
 
 how established, 19O. 
 questions of, what, 152. 
 
 how decided. 154, 248. 
 form of, on appeal, 154. 
 
 no debate upon, allowed during divisions, 248. 
 rules of, to be enforced without delay, 151. 
 call to, effect of, 214. 
 who may make, 151. 
 
 interrupts the business under consideration, 153. 
 See Disorderly Conduct, Disorderly Words. 
 Orders of the day, definition of, 142. 
 
 motion for, a privileged question for the day, 143, 144, 
 
 145, 146. 
 motion for, generally supersedes other propositions, 143, 
 
 144. 
 
 being taken up, the business interrupted thereby is sus- 
 pended, 147. 
 fall, if not taken up on the day fixed, 149. 
 
 unless by special rule, 149. 
 Organization, necessity for. 1. 
 usual mode of 3. 
 on report of a committee, 4. 
 
 Papers and Documents, in whose custody, 33. 
 Parliamentary Law, common, what, 6, 1O. 
 
 See Rules. 
 
 Parliamentary Rules, whence derived, 11. 
 in each State, how formed, 11. 
 
 See Rules. 
 Petitions, requisites to. 49. 
 
 to be offered by members, 49, 5O. 
 
 mode of offering, 51. 
 
 to be read by the clerk, if received. 52. 
 
 regular and usual action on presenting, 51, 52. 
 
INDEX, 213 
 
 Petitions, couteuts of, to be known by member presenting, 
 
 5O. 
 
 to be in respectful language, SO. 
 Postponement, effect of vote 011 motion for, 18O. 
 motion for, may be amended. 176. 
 how amended, 177, 178. 
 supersedes a motion to amend, 185. 
 is not superseded by a motion to commit or to amend, 
 
 179. 
 is of the same degree with a motion for the previous 
 
 question' 179. 
 indefinite, purpose of motion for, GO, 67. 
 
 effect of vote on motion for. 67. 
 to a day certain, purpose of motion for, 68, 69. 
 an improper use of, 7O. 
 Power of assembly to eject strangers. 9. 
 Preamble, or title, usually considered after the paper is gone 
 
 through with, 192. 
 
 Precedence of motions, 171, 174, 179, 182, 186, 197, 22O. 
 of questions, 123, 134, 135, 153. 
 
 as to reference to a committee, 74. 
 on motions to fill blanks, 85, 86, 87. 
 
 questions of privilege take precedence of all motions but 
 for adjournment, 141. 
 President, 5. 
 
 See Presiding Officer. 
 
 Presiding- Officer, duties of, 27, 3O, 4O, 225, 313, 314. 
 to be first heard on que tions of order, 2O7. 
 how far member of an assembly, 5. 
 iiot usually to take part in debate. 5, 2O2. 
 but in committees of the whole, 3O7. 
 or on point of order, 154. 
 to give a casting vote, 5, 243. 
 effect of not giving casting vote, 243. 
 
 may not interrupt on -speaking, biit to call to order, 2O7. 
 may not decide upon inconsistency of a proposed amend- 
 ment with one already adopted, 1O2. 
 Previous Question, motion for, purpose of. 6O. 
 form of 64, 17O. 
 original use of, 63, 64, 65. 
 present use of, 65, 66, 22O. 
 use of in England. 66. 
 canuot be amended, 17O. 
 effect of vote on, 64, 66, 175. 
 effect of negative decision of, 65. 
 cannot be made in committee of the whole, 3O3. 
 stands in same degree with other subsidiary motions* 
 
 except to lie on the table, 174. 
 Privileged Questions, 136 to 149. 
 adjournment. 137 to!4O. 
 questions of privilege, 141. 
 orders of the day, 142 to 149. 
 
214 INDEX. 
 
 Privileged Questions, take precedence of all motions but 
 for adjournments, 141. 
 when settled, business thereby interrupted to be resumed, 
 
 Proceeding's, how set in motion, 43. 
 Punishment of members, 41, 42. 
 
 a question of, pending, the member to withdraw, 23O. 
 Quarrel between members, 38, 314. 
 
 See Disorderly Words. 
 Question, definition of, 233. 
 forms of, in use, 15, 6O, 61. 
 when to be put, 235. 
 mode of putting 236. 
 
 on a series of propositions. 193. 
 on amendments reported by a committee, 194. 
 mode of taking. 238, 24O, 24i, 242, 245. 
 when and how decision of may be questioned. 238, 239. 
 all the members in the room when a question is put are 
 
 bound to vote upon it, 244. 
 members not in the room cannot vote on, 244. 
 when taken by yeas and nays, 245. 
 mode of taking, in Massachusetts 246. 
 when and how to be divided, 79. 
 how taken when divided, 8O. 
 motion to divide, may be amended, 8O. 
 what may be divided, 83. 
 who may divide, 81, 122. 
 
 usually regulated by rule, 82. 
 incidental, defined and enumerated 15O to 165. 
 subsidiary, or secondary, defined and enumerated, 166 to 
 
 17O. 
 privileged, defined and enumerated, 136. 
 
 See Incidental Questions, Privileged Questions, Subsidiary 
 
 Questions. 
 
 Quorum, necessity for, 17, 19. 
 what constitutes, 16. 
 
 effect of want of. on pending question, 249. 
 necessary on a division of the assembly, 249. 
 want of, how ascertained. 19. 
 consequences of want of, 19, 249. 
 Beading" of Papers by the clerk, 155. 
 
 by members not allowed, without leave obtained by motion 
 
 and vote, 157, 158. 
 when to be omitted, 159. 
 when necessary, if called for, 155. 
 question on. to be first decided, 16O. 
 Reception, question of, on petition, 51. 
 
 on report, 286, 293. 
 Recommitment, what, 73, 29O, 291. 
 
 RecDiisideration, general principle relating to, 25O to 253. 
 motion for, allowed in this country, 254, 255. 
 
TXDEX. 215 
 
 Reconsideration, motion for, effect of, 256. 
 
 usually regulated by rule, 257. 
 Recording* Officer, duties of, 31, 32, 33, 35. 
 how his absence is to be s applied, 34. 
 how elected, 3, 4. 
 precedence of, if more than one, 5. 
 papers and documents to be in his charge, 33. 
 Recurrence of Business, when interrupted by want of 
 
 quorum, 249. 
 
 by motion for the previous question, 66. 
 for indefinite postponement, 67. 
 to lie on the table, 71, 72. 
 for adjournment, 14O. 
 for the orders of the day. 147, 148. 
 by a question of privilege, 141. 
 by a question of order, 153, 23O, 
 by a call of a member to order, 2OO, 214. 
 Reports of Committees, how made and received, 286 to 
 
 289. 
 
 how treated and disposed of, 292 to 296. 
 of a paper with amendments, 288. 
 action upon. 194, 195, 292 to 296. 
 when a new draft of a paper, 196. 
 acceptance of, 295, 296. 
 of committees of the whole, 31O. 
 
 when to be received. 311. 
 Reprimand, 42. See Punishment. 
 Resolution, what, 13, 233. 
 Returns, 6. 
 
 time for investigating, 7. 
 mode of investigating, 7. 
 who to be on the investigating committee, 8. 
 who to be heard on a question on, 8. 
 Roll, calling of, 32, 35, 245. 
 
 Rules of debate and proceeding, subject of, 14, 15. 
 general purpose of, 315. 
 
 what are necessarily adopted by assembly, 1O, 2O. 
 the same in this country and in England, 11. 
 usage does not give them the character of general laws, 12. 
 to be enforced without delay or debate 22, 151, 152. 
 who may notice an infringement of. 22. 
 special, each assembly may adopt. 1O, 2O. 
 
 supersede ordinai'y parliamentary rules, 1O. 
 usually provide for their own amendment, 21. 
 may be suspended on motion, 21, 163, 164. 
 motion to suspend, supersedes the original question, 
 
 163. 
 
 suspended only by general consent, 21, 164. 
 usually provide for their own suspension, 164. 
 may determine the number necessary to express the 
 
 will of the assembly, 25. 
 See Reading of Papers, Speaking. 
 
216 INDEX. 
 
 Secondary Questions, 166. See Subsidiary Questions. 
 Seconding* of motions, 55, 3O9. 
 Secretary, 5. See Recording Officer. 
 Separation of prop sitions, how effected. 89. 
 Speaking*, rules as to manner of, 2O3 to 208. 
 as to matter in, 2O9 to 214. 
 as to times of. 215 to 219. 
 
 member, to stand uncovered, 2O3, 2O8. 
 
 not to make personal remarks, 211. 
 
 not to mention names of members, 2O6. 
 
 not to reflect on the assembly, or on its prior determin 
 atioiiH, 21O. 
 
 confined to the subject. 2O9, 213. 
 
 not to be interrupted, 219. 
 
 to speak but once on the same question, 215, 216. 
 
 except by leave. 217. 
 
 or to explain himself in matter of fact, 218. 
 
 See Debate, Presiding Officer. 
 Speech, reading of. by member, 157. 
 Subsidiary Questions, 166 to 187. 
 
 nature and effect of, 166. 
 
 enumeration of, 167. 
 
 cannot be applied to one another, 168. 
 
 exceptions to this rule, 169. 
 
 lie on the table. 171, 172, 173. 
 
 amendment, 184 to 187. 
 
 previous question, 174, 175. 
 
 postponement, 176 to ISO. 
 
 commitment, 181, 182, 183. 
 Suspension of a rule, 21, 163, 164. See Rules. 
 Transposition of proposition, how effected, 9O. 
 Vice -President, duties of, 5, 28. See Officers, 
 Vote, what, 13, 233. 
 Voting 1 , right aud duty of, 41, 244. 
 
 prohibition from, 42. See Members. 
 Will of assembly, majority necessary to express, 24, special 
 
 rule may determine what proportion may express, 25. 
 Withdrawal of motion can be only by leave, 161, effect of 
 
 vote upon motion for leave for, 162. 
 Yeas and Nays, how taken, 32, 245. 
 
 in Massachusetts, 246. 
 
 what number of members may require, 25. 
 
 form of putting question, 245. 
 
INDEX TO THE CONSTITUTION. 
 
 Abridged, immunities of citizens, not to be, 201. 
 
 Accused to have a speedy trial, 198. 
 
 Actions at common law, 198. 
 
 Acts and proceedings of another State, faith and credit given 
 to, 194. 
 
 Adjournment President may convene and adjourn Con- 
 gress, 192. ^ 
 
 Admitted, new States may be, 195. 
 
 Advice and consent of the Senate, 191. 
 
 Age of Representatives and Senators, 181. 
 
 Aid and comfort to enemies, 194. 
 
 Alliance or confederation, 188. 
 
 Ambassadors, President may appoint, 191. 
 
 Amendments to the Constitution, 195, 196. 
 
 Answer for crimes, 198. 
 
 Appellate jurisdiction, Supreme Court shall have, 192, 193. 
 
 Appointment of Itepresentatiou, 181, 202. 
 
 Appropriate legislation Congress has power, etc., 186, 187. 
 
 Annies land and naval forces, 186. 
 
 Attainder -ex poste facto law, 187. 
 
 Authors and inventors, 186. 
 
 Ballot for President and Vice-President, 189, 190. 
 
 Bankruptcies, 185. 
 
 Bills of credit, 188. 
 
 Capital crimes, 198. 
 
 Census, 181, 187. 
 
 Chief-Justice shall preside, when, 182. 
 
 Citizens of the United States, 182, 194 ; who are included 
 as, 201. 
 
 Classification of Senators, 181, 182. 
 
 Coin a tender in payment of debts, 188. 
 
 Color, or previous condition of servitude, 203. 
 
 Commander in-Chief of the Army and Navy, the President, 
 when, 191. 
 
 Commerce or revenue, 187, 188. 
 
 Compact with another State, 189. 
 
 Compensations, 183, 191,192. 
 
 Congress, powers vested in, 185, 191, 192, 195, 201. 
 
218 INDEX TO THE CONSTITUTION. 
 
 Constitution, executive and legislative powers under the, 
 186, 190, 193, ]95, 196. 
 
 Convention for proposing amendments, 195. 
 
 Copyright 1,0 authors. Ib6. 
 
 Courts of law, 191, 192. 
 
 Crimes capital or otherwise, 192, 198, 
 
 Death Resignation, etc , of President, 190. 
 
 Debts of the United States, 196. 
 
 Defence and general welfare, 185. 
 
 Departments, 191, 192. 
 
 District of Columbia, 186, 187. 
 
 Domestic violence, 195. 
 
 Due process of law, 198. 
 
 Duties, imposts and excises, 188, 189. 
 
 Election of President and Vice-President, 189, 190, 191 ; of 
 Senators and Representatives, 189, 190. 
 
 Electors, 189, 200. 
 
 Establishment of this Constitution between the States, 196. 
 
 Executive departments, 189, 190. 
 
 Expel a member, 183. 
 
 Exports or imports, 188. 
 
 Ex post facto law, 187. 
 
 Foreign nations regulation of commerce, 185. 
 
 Forfeiture for treason, 194. 
 
 For n of government, a republican, guaranteed, 195. 
 
 Freedom of speech or press, 197. 
 
 Fugitives from crime, 194, 195. 
 
 General welfare (preamble), 180. 
 
 Gold and silver a tender, 188. 
 
 Habeas corpus, 187. 
 
 House of Representatives, 180, 183. 200. 
 
 Immunities from arrest, etc., 183, 198, 201. 
 
 Impeachment, 182, 192. 
 
 Imports and exports. 188. 
 
 Indictments, 183, 198. 
 
 Insurrection or rebellion, 186, 202. 
 
 Inventors and authors, 186. 
 
 Judges of courts, 192. 
 
 Judicial powers, 192, 199. 
 
 Jury, trial by, 193. 
 
 Laws and treaties, 193. 
 
 Legal tender, 188. 
 
 Legislation in all cases in power of Congress, 187. 
 
 Letters of marque and reprisal, 188. 
 
 Liberty (preamble), 180. 
 
 Marque and reprisal, 188. 
 
 Measures, 185. 
 
 Meeting of Congress, 183. 
 
 Misdemeanor, high crimes, etc., 192. 
 
 Naturalization, Congress to establish rules of, 185. 
 
 Navy, Congress to provide a, 186. 
 
 New States, 195, 
 
INDEX TO THE CONSTITUTION. 219 
 
 Nobility, no title of, shall be granted, 188 
 
 Nominations for office by the President, 191, 192. 
 
 Number of electors, 189. 
 
 Oath of office of the President, 191. 
 
 Obligation of contracts, 188. 
 
 Offences against the United States, 191. 
 
 Pardons, the President may grant reprieves and, 191. 
 
 Pensions and bounties, 202. 
 
 Powers not delegated. 199. 
 
 Powers vested in Congress, 180, 185. 
 
 President and Vice-President, manner of choosing, 189, 200. 
 
 President of the United States, 182, 184, 189, 192. 
 
 President, pro tempore. 182. 
 
 Privileges and immunities of citizens, 194, 197. 
 
 Property ot the United Stales, 195. 
 
 Prosecutions, 198. 
 
 Punishment according to law, 182. 
 
 Qualifications for office, 181, 183, 189. 
 
 Quorum to do business, a majority, 183. 
 
 Kace, color, etc., 203. 
 
 Ratification of amendments, 195, 196. 
 
 Ratio of representation, 202. 
 
 Rebellion. 186, 202. 
 
 Redress of grievances. 197. 
 
 Regulations of commerce, 187, 188. 
 
 Religious test, no, 196. 
 
 Representation in any State, 180, 181. 
 
 Representatives in Congress, 181. 
 
 Reprieves and pardons, 191. 
 
 Republican form of government, 195. 
 
 Resignation of the President, 190. 
 
 Revenue, etc., of one State over another, 187, 188. 
 
 Rights in the Constitution, etc, 199. 
 
 Science and useful arts, 186. 
 
 Seat of government, 186, 187. 
 
 Senate and House of Representatives, 180. 
 
 Senate of the United States, 181, 183, 184. 
 
 Senators, 181 182, 202. 
 
 Servitude, 203. 
 
 Ships of war, 189 
 
 Slavery, 201. 
 
 State of the Union, 192 
 
 States what they may not do, 189, 190. 
 
 Suits at common law, 198. 
 
 Supreme Court, 193. 
 
 Supreme law of the land, 196. 
 
 Suppression of insurrection, 186. 
 
 Tax or duty, 181, 187. 
 
 Tender in payment of debts, 188. 
 
 Term of four years, 189. 
 
 Territory of the United States, 195. 
 
 Title of nobility, 188. 
 
220 INDEX TO THE CONSTITUTION. 
 
 Treason, what to consist of, 194. 
 Treaties, power to make, in the President, 191. 
 Union, to establish a more perfect, 180, 192. 
 Unreasonable searches and seizures. 198. 
 Useful arts securing to authors and inventors, 186. 
 Vacancies, 181, 192. 
 
 Veto power in the President, 184, 185. 
 
 Vice-Fresident, President of the Senate, 182 ; manner of 
 choosing, 200. 
 
 Vote, each Senator shall have one, 181, 182. 
 Vote of two-thirds of each house to expel a member, 183. 
 War agiinst the United States of what consists, 194. 
 Weights and measures, 185. 
 Witnesses in criminal prosecutions, 194. 
 Writ of habeas corpus, 187. * 
 
 Writ of election, 181. 
 Written opinion of principal officers, 191. 
 Yeas and nays, when to be entered on the journals, 183. 
 
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