134. It is a general rule, that, when a proposition is regularly before a deliberative assembly, for its consideration, no other proposition or motion can regularly be made or arise, so as to take the place of the former, and be first acted upon, unless it be either, first, a privileged question; 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 themselves, 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, [p80] 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.
136. There are certain motions or questions, 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 necessity 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 assembly. These are called privileged questions, because they are entitled to precedence 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, motions for the orders of the day.
137. A motion to adjourn takes the place of all other questions whatsoever;[Footnote 18] for, otherwise, the assembly might be kept sitting against its will, and for an indefinite 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 addition of a particular day, or in any other manner; though, if a motion to adjourn is made, when no other business is before the assembly, it may be amended like other questions.
[p82]
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 resolution, 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 reassembling, would, in the case of any other than a legislative assembly, be equivalent to a dissolution.[Footnote 19]
140. When a question is interrupted by an adjournment, before any vote or question has been taken upon it, it is thereby removed from before the assembly, and will not stand before it, as a matter of course, as its next meeting, but must be brought forward in the usual way.
141. The questions, next in relative importance, and which supersede all others for the [p83] time being except that of adjournment, are those which concern the rights and privileges of the assembly, or of its individual members; as, for example, when the proceedings of the assembly are disturbed or interrupted, whether by strangers or members; or where a quarrel arises between two members; and, in these cases, the matter of privilege supersedes the question pending at the time, together with all subsidiary and incidental ones, and must be first disposed of. When settled, the question interrupted by it is to be resumed, at the point where it was suspended.
142. When the consideration of a subject 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 legislative assemblies, there are several subjects 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 consideration on a particular day, is thereby made a privileged question for that day; the order being a [p84] repeal, as to this special case, of the general rule as to business. If, therefore, any other proposition (with the exception of the two preceding[Footnote 20] ) is moved or arises, on the day assigned for the consideration of a particular subject, a motion for the order of the day will supersede the question first made, together with all subsidiary and incidental questions connected with it, and must be first put and decided; for if the debate or consideration of that subject were allowed to proceed, it might continue through the day and thus defeat the order.
144. But this motion, to entitle it to precedence, must be for the orders generally, if there is more than one, and not for any particular one; and, if decided in the affirmative, that is, that the assembly will now proceed to the orders of the day, they must then be read and gone through with, in the order in which they stand; priority of order being considered to give priority of right.
145. If the consideration of a subject is assigned for a particular hour on the day named, [p85] a motion to proceed to it is not a privileged motion, until that hour has arrived; but, if no hour is fixed, the order is for the entire day and every part of it.
146. Where there are several orders of the day, and one of them is fixed for a particular hour, if the orders are taken up before that hour, they are to be proceeded with as they stand, until that hour, and then the subject assigned for that hour is the next in order; but, if the orders are taken up at that time or afterwards, 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 original 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 interfere with the consideration of the subject then before it, and entitles that subject to be first disposed of.
[p86]
149. Orders of the day, unless proceeded
in and disposed of on the day assigned, fall,
of course, and must be renewed for some
other day. It may be provided, however, by
a special rule, as in the legislative assemblies
of Massachusetts, that the orders for a particular
day shall hold for every succeeding day,
until disposed of.
150. Incidental questions are such as arise out of other questions, and are consequently to be decided before the questions which give rise to them. Of this nature are, first, questions of order; second, motions for the reading of papers, etc.; third, leave to withdraw a motion; fourth, suspension of a rule: and, fifth, amendment of an amendment.
151. It is the duty of the presiding officer of a deliberative assembly, to enforce the rules and orders of the body over which he presides, in all its proceedings; and this without question, debate, or delay, in all cases, in which the breach of order, or the departure from rule, is manifest. It is also the right [p87] of every member, 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 departure from them, so long as any member 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 questions must be decided before a case can arise for the enforcement of the rules. Questions of this kind are denominated questions of order.
153. When any question of this nature arises, in the course of any other proceeding, it necessarily supersedes the further consideration of the subject out of which it arises, until that question is disposed of; then the original motion or proceeding revives, and resumes its former position, unless it has been itself disposed of by the question of order.
154. 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, [p88] like other questions; but is decided, in the first instance, by the presiding officer, without any previous debate or discussion by the assembly. If the decision of the presiding officer, is not satisfactory, any one member may object to it, and have the question decided by the assembly. This is called appealing from the decision of the chair. The question is then stated by the presiding officer on the appeal, namely: shall the 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 presiding officer is allowed to take a part in the debate, which; on ordinary occasions, he is prohibited from doing.
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, consequently, when the reading of any paper, relative to a question before the assembly, is called for under this [p89] rule, no question need be made as to the reading; the paper is read by the clerk, under the direction of the presiding officer, as a matter of course.
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 whatever, without the leave of the assembly, upon a motion made and a question put for the purpose. The delay and interruption, which would otherwise ensue from reading every paper that might be called for, show the absolute necessity of restricting the rule within the narrowest possible 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 assembly; or desires to read any such paper, book, or document, in his place, in the course of a debate, or otherwise; or even to read his own speech which he has prepared beforehand and [p90] committed to writing; in all these cases, if any objection is made, he must obtain leave of the assembly, for the reading, by a motion and vote for the purpose.
158. When the reading of a paper is evidently for information, and not for delay, it is the usual practice for the presiding officer to allow of it, unless objection is made, in which case leave must be asked; and this is seldom refused, where there is no intentional or gross abuse of the time and patience of the assembly.
159. It is not now the practice, as it once was, in legislative assemblies, to read all papers that are presented, especially when they are referred to committees immediately on their presentation; though the right of every member to insist upon one reading is still admitted. It would be impossible, with the amount of business done by legislative bodies, at the present day, to devote much of their time to the reading of papers.
160. When in the course of a debate or other proceeding, the reading of a paper is called for, and a question is made upon it, this question is incidental to the former, and must be first decided.
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 a vote; hence, if the mover of a question wishes to modify it, or to substitute a different one in its place, he must obtain the leave of the assembly for that purpose; which leave can only be had, if objection is made, by a motion[Footnote 21] 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 assembly, as if it had never been moved; if in the negative, the business proceeds as before.
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 become an established practice in this country, to suspend [p92] or dispense with the rule, for the purpose of admitting the proceeding or motion which is desired. This can only be done by a motion and question; and, where this course is taken in order to a motion having reference to a proposition then under consideration, a motion to suspend the rule supersedes the original question for the time being, and is first to be decided.[Footnote 22]
164. It is usual, in the code of rules adopted by deliberative assemblies, and especially legislative bodies, to provide that a certain number exceeding a majority, as two thirds or three fourths, shall be competent to the suspension of a rule in a particular case; where this is not provided, there seems to be no other mode of suspending or dispensing with a rule than by general consent.
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 before putting the [p93] question on the amendment. The former is incidental to the latter, and supersedes it for the time being.
166. Subsidiary, or secondary, questions or motions, as has already been stated, are those which relate to a principal motion, and are made use of to enable the 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 different degrees among themselves, and, according to their several natures, supersede, and sometimes dispose of, one another.
167. The subsidiary motions in common use are the following, namely:—lie on the table,—the previous question,—postponement, either indefinite or to a day certain,—commitment,—and, amendment.
168. It is a general rule, with certain exceptions which will be immediately mentioned, that subsidiary motions cannot be applied to one another; as for example, suppose a motion to postpone, commit or amend a principal question, it cannot be moved to suppress [p94] the motion to postpone, etc., by putting a previous question on it; or, suppose the previous question is moved, or a commitment, or amendment, of a main question, it cannot be moved to 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 allowed; and 3, The same result may be reached more simply by voting against the motion which it is attempted to dispose of by another secondary motion.
169. The exceptions to the rule above stated are, that motions to postpone (either to a day certain or indefinitely), to commit, or to amend, a principal question, may be amended, for the reason, that the useful character of amendment gives it a privilege of attaching itself to a secondary and privileged motion; that is, a subsidiary motion to carry out and improve another may be applied to that other, but a subsidiary motion to dispose of or suppress another is not admissible. Hence, the subsidiary motions above mentioned may be amended.
[p95]
170. A previous question, however, cannot
be amended; the nature of it not admitting of
any change. Parliamentary usage has fixed
its form to be, shall the main question be now
put? that is at this instant; and, as the present
instant is but one, it cannot admit of
any modifications; and to change it to the
next day or any other moment is without example
or utility. For the same reasons, also,
that the form of it is fixed by parliamentary
usage, and is already as simple as it can be,
a motion to lie on the table cannot be
amended.
171. This motion is usually resorted to, when the assembly has something else before it, which claims its present attention, and therefore desires to lay aside a proposition for a short but indefinite time, reserving to itself the power to take it up when convenient. This motion takes precedence of and supersedes all the other subsidiary motions.
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, [p96] 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.
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 motions, 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 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 [p97] out of the possession of the assembly, for the day, so that there is then nothing before it to postpone, commit, or amend.[Footnote 23]
176. The motion to postpone is either indefinite, or to a day certain; and, in both these forms, maybe 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, propositions to substitute different days for that originally named, bear more resemblance to propositions for filling blanks, 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 desired, it may be moved as an amendment to the amendment; or it may be moved as an independent motion, when the amendment has been rejected.
[p98]
178. If a motion is made for a postponement
to a day certain, it may be amended by
the substitution of a different day; but in
this case, a more simple and effectual mode
of proceeding is to consider the day as a
blank, to be filled in the usual manner, beginning
with the longest time.
179. This motion stands in the same degree with motions for the previous question,—to commit,—and to amend; and, if first made, is not susceptible of being superseded by them.
180. If a motion for postponement is decided affirmatively, the proposition to which it is applied is removed from before the assembly, with all its appendages and incidents, and consequently there is no ground for either of the other subsidiary motions; if decided negatively, that the proposition shall not be postponed, that question may then be suppressed by the previous question, or committed, or amended.
181. A motion to commit, or recommit (which is the term used when the proposition has already been once committed), may be [p99] amended, by the substitution of one kind of committee for another, or be enlarging or diminishing the number of the members of the committee, as originally proposed, or by instructions to the committee.
182. This motion stands in the same degree with the previous question and postponement—and, if first made, is not superseded by them—but it takes precedence of a motion to amend.
183. If decided affirmatively, the proposition is removed from before the assembly; and, consequently, there is no ground for the previous question, or for postponement, or amendment; if negatively, to wit, that the principal question shall not be committed, that question may then be suppressed by the previous question, or postponed, or amended.
184. A motion to amend, as has been seen, may be itself amended. It stands in the same degree only with the previous question and indefinite postponement, and neither, if first moved, is superseded by the other.
185. But this motion is liable to be superseded by a motion to postpone to a day [p100] certain; so that amendment and postponement competing, the latter is to be first put. The reason is, that a question for amendment is not suppressed by postponing or adjourning the principal question, but remains before the assembly, whenever the main question is resumed; for otherwise, it might happen, that the occasion for other urgent business might go by and be lost by length of debate on the amendment, if the assembly had no power to postpone the whole subject.
186. A motion to amend may also be 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 motion to amend.”
187. The effect of both a negative and an affirmative decision of amendments has already been considered (94 to 127).
[Footnote 18: It is commonly said, that a motion to adjourn is always in order, but this is not precisely true. The question of adjournment may be moved repeatedly on the same day; yet, in strictness, not without 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 reading of some paper. The reason of this is, that, until some other proceeding has intervened, the question already decided is the same as that newly moved.] Return to text
[Footnote 19: It is quite common, when the business of a deliberative 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 contradiction in terms.] Return to text
[Footnote 20: “A motion to adjourn and a question of privilege, take precedence of a motion for the orders of the day.”—Ed.] Return to text
[Footnote 21: “This motion is not debatable.”—Ed.] Return to text
[Footnote 22: “A motion to suspend the rules is not debatable.”—Ed.] Return to text
[Footnote 23: In the house of representatives of Massachusetts, as the effect of a negative decision of the previous question is not to remove the principal question from before the house, that question is still open to postponement, commitment, or amendment, notwithstanding such negative decision.] Return to text
188. When several subjects are before the assembly; that is, on the table for consideration (for there can be but a single subject under consideration at the same time), and no priority has been given to any one over another, the presiding officer is not precisely bound to any order, as to what matters 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, however, where the proceedings of an assembly 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 directing the discretion of the assembly, when [p102] 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 established in virtue of some general rule, or by special orders relating to each particular subject, and must, of course, necessarily depend upon the nature and amount of the matters before the assembly.
191. The natural order, in considering and amending any paper, which consists of several distinct propositions, is, to begin at the beginning, and proceed through it by paragraphs; and this order of proceeding, if strictly adhered to, as it should always be in numerous assemblies, would prevent any amendment in a former part, from being admissible, after a latter part had been 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 [p103] or series of resolutions, or other paper, has a preamble or title, in which case, the preamble or title is postponed, until the residue of the paper is gone through with.
193. In considering a proposition consisting of several paragraphs, the course is, for the whole paper to be read entirely through, in the first place by the clerk; then a second time, by the presiding officer, by paragraphs; 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 referred to a committee, and reported back to the assembly, is taken up for consideration, 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 exception of an amendment to an amendment. When the amendments reported by the committee have been thus [p104] disposed of, the presiding officer pauses, and gives time for amendments to be proposed in the assembly to the body of the paper (which he also does, if the paper has been reported without amendments, putting no questions but on amendments proposed); and when through the whole, he puts the question on agreeing to or adopting the paper, as the resolution, order, etc., of the assembly.
195. The final question is sometimes stated merely on the acceptance of the report, but a better form is on agreeing with the committee in the resolution, order, or whatever else the conclusion of the report may be, as amended, or without amendment, and the resolution or order is then to be entered in the journal as the resolution, etc., of the assembly, and not as the report of the committee accepted.
196. When the paper referred to a committee is reported back, as amended, in a new draft (which may be and often is done, where the amendments are numerous and comparatively unimportant), the new draft is to be considered, as an amendment, and is to be first amended, if necessary, and then put to the question as an amendment reported by the committee; or, the course may be, first to [p105] 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 others 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 negatived, the question of privilege is then settled; after that comes the question of order; then the question of commitment; if that is negatived, the question of amendment is taken; and, lastly, the main question. This example will sufficiently illustrate the manner in which questions may grow out of one another, and in what order they are to be decided.[Footnote 24]
[p106]
198. When a motion is made and seconded,
it is the duty of the presiding officer to propose
it to the assembly; until this is done,
it is not a question before the assembly, to be
acted upon or considered in any manner; and
consequently it is not then in order for any
member to rise either to debate it, or to make
any motion in relation to it whatever.
199. It is therefore a most unparliamentary and abusive proceeding to allow a principal motion and a subsidiary one relating to it to be proposed and stated together, and to be put to the question in their order; as is done, when a member moves a principal question, a resolution, for example, and, at the same time, the previous question, or that the resolution lie on the table. In such a case, the presiding officer should take no notice whatever of the subsidiary motion, but should propose the principal one by itself in the usual manner, before allowing any other to be made. Other members, then, would not be deprived of their rights of debate, etc., 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, [p107] 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 interrupted, but by a call to order; and the question of order being decided, he is still to be heard through. A call for an adjournment, or for the orders of the day, or for the question, by gentlemen in their seats, is not a motion; as no motion can be made, without rising and addressing the chair, and being called to by the presiding officer. Such calls for the question are themselves breaches of order, which, though the member who has risen may respect them, as an expression of the impatience of the assembly at further debate, do not prevent him from going on if he pleases.
[Footnote 24: The order of motions, for the disposal of any question, is usually fixed by a special rule, in legislative assemblies. See note to paragraph 61.] Return to text
201. Debate in a deliberative assembly must be distinguished from forensic debate, or that which takes place before a judicial tribunal; the former being, in theory, at least, more the expression of individual opinions among the members of the same body; the latter more a contest for victory, between the disputants, before a distinct and independent body; the former not admitting of replies; the latter regarding reply as the right of one of the parties.[Footnote 25]
202. It is a general rule, in all deliberative assemblies, that the presiding officer shall not participate in the debate, or other proceedings, in any other capacity than as such officer. [p109] He is only allowed, therefore, to state matters of fact within his knowledge; to inform the assembly on points of order or the course of proceeding, when called upon for that purpose, or when he finds it necessary to do so; and on appeals from his decision on questions of order, to address the assembly in debate.
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 presiding officer, who, on hearing him, calls to him by his name, that the assembly may take notice who it is that speaks, and give their attention accordingly. If any question arises, as to who shall be entitled to the floor, where several members rise at or nearly at the same time, it is decided in the manner already described (47), 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 [p110] the mover,[Footnote 26] in preference to others, if he rises to speak; or, on resuming a debate, after an adjournment, to give the floor, if he desires it, to the mover of the adjournment, in preference to other members; or, where two or more members claim the floor, to prefer him who is opposed to the measure in question; but, in all these cases, the determination of the presiding officer may be overruled by the assembly.
205. It is sometimes thought, that, when a member, in the course of debate, breaks off his speech, and gives up the floor to another for a particular purpose, he is entitled to it again, as of right, when that purpose is accomplished; but, though this is generally conceded, yet, when a member gives up the floor for one purpose, he does so for all; and it is not possible for the presiding officer to take notice of and enforce agreements of this nature between members.
206. No person, in speaking, is to mention [p111] a member then present by his name; but to describe him by his seat in the assembly, or as the member who spoke last, or last but one, or on the other side of the question, or by some other equivalent expression. The purpose of this rule is to guard as much as possible against the excitement of all personal feeling, either of favor or of hostility, by separating, as it were, the official from the personal character of each member, and having regard to the former only in the debate.
207. If the presiding officer rises up to speak, any other member, who may have risen for the same purpose, ought to sit down, in order that the former may be first heard; but this rule does not authorize the presiding officer to interrupt a member, whilst speaking, or to cut off one to whom he has given the floor; he must wait like other members until such member has done speaking.
208. A member, whilst speaking, must 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 infirmity, he may be indulged to speak sitting.
209. Every question, that can be made in a deliberative assembly, is susceptible of being debated,[Footnote 27] according to its nature; that is, every member has the right of expressing his opinion upon it. Hence, it is a general rule, and the principal one relating to this matter, that, in debate, those who speak are to confine themselves to the question, and not to speak impertinently, or beside the subject. So long as a member has the floor, and keeps 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 dissatisfaction 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 [p113] upon any of its prior determinations, unless he means to conclude his remarks with a motion to rescind such determination; but while a proposition under consideration is still pending, and not adopted, though it may have been reported by a committee, reflections on it are no reflections on the assembly. The rule applies equally to the proceedings of committees; which are, indeed, the proceedings 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 reviling, 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 difficult 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 [p114] of the assembly; or the member speaking digresses from or manifestly mistakes the question.
213. It often happens in the consideration of a subject, that, whilst the general question remains the same, the particular question before the assembly is constantly changing; thus, while, for example, the general question is on the adoption of a series of resolutions, the particular question may, at one moment, be on an amendment; at another on postponement; and, again, on the previous question. In all these cases, the particular question supersedes, for the time, the main question; and those who speak to it must confine their remarks accordingly. The enforcement of order, in this respect, requires the closest attention on the part of the presiding officer.
214. When a member is interrupted by the presiding officer, or called to order by a member,[Footnote 28] for irrelevancy or departing from [p115] 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, that is, abandoning the objectionable course of remark.
215. The general rule, in all deliberative assemblies, unless it is otherwise specially provided, is, that no member shall speak more than once to the same question;[Footnote 29] 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 question, [p116] technically considered; for, if a resolution 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 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 debate, in order to clear a matter of fact; or merely to explain himself in some material part of his speech; or to the orders of the assembly, if they be transgressed (although no question may be made), but carefully keeping within that line and not falling into the matter itself.
[p117]
219. It is sometimes supposed, that, because
a member has a right to explain himself,
he therefore has a right to interrupt another
member whilst speaking, in order to
make the explanation: but this is a mistake;
he should wait until the member speaking
has finished; and if a member, on being requested,
yields the floor for an explanation,
he relinquishes it altogether.
220. The only mode in use, in this country, until recently, for the purpose of putting an end to an unprofitable or tiresome debate, was by moving the previous question; the effect of which motion, as already explained, if decided in the affirmative, is to require the main or principal question to be immediately taken. When this question is moved, therefore, it necessarily suspends all further consideration of the main question, and precludes all further debate or amendment of it; though, as has been seen, it stands in the same degree with postponement, amendment, and commitment; and, unless in virtue of a special rule, cannot be moved while either of those motions is pending.
[p118]
221. The other mode of putting an end to
debate, which has recently been introduced
into use, is for the assembly to adopt beforehand
a special order in reference to a particular
subject, that, at such a time specified,
all debate upon it shall cease, and all motions
or questions pending in relation to it
shall be decided.
222. Another rule, which has lately been introduced for the purpose of shortening rather than stopping debate, is, that no 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 announces the fact, and the member speaking resumes his seat.[Footnote 30]
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 between the presiding officer and the member speaking; by going across the assembly-room, or walking up and down in it; or by any other disorderly deportment, which tends to disturb or disconcert a member who is speaking.
224. But, if a member speaking finds, that he is not regarded with that respectful attention, which his equal right demands,—that it is not the inclination of the assembly to hear him,—and that by conversation or any other noise they endeavor to drown his voice,—it is his most prudent course to submit himself to the pleasure of the assembly, and to sit down; for it scarcely ever happens, that the members of the assembly are guilty of this piece of ill-manners, without some excuse or provocation, or that they are so [p120] wholly inattentive to one, who says anything worth their hearing.
225. It is the duty of the presiding officer, in such a case, to endeavor to reduce the assembly to order and decorum; but, if his repeated calls to order, and his appeals to the good sense and decency of the members, prove ineffectual, it then becomes his duty to call by name any member who obstinately persists in irregularity; whereupon the assembly may require such member to withdraw; who is then to be heard, if he desires it, in exculpation, and to withdraw; then the presiding officer states the offence committed, and the assembly considers of the kind and degree of punishment to be inflicted.
226. If, on repeated trials, the presiding officer finds that the assembly will not support him in the exercise of his authority, he will then be justified, but not till then, in permitting, without censure, every kind of disorder.
227. If a member, in speaking, makes use of language, which is personally offensive to another, or insulting to the assembly, and the [p121] member offended, or any other, thinks proper to complain of it to the assembly, the course of proceedings is as follows:
228. The member speaking is immediately 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 words, is then called upon by the presiding 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 complaining, without being so called upon, may proceed at once to state the words either verbally or in writing, and desire that the clerk may take them down at the table. The presiding officer may then direct the clerk to take them down; but if he sees the objection to be a trivial one, and thinks there is no foundation for their being thought disorderly, he will prudently delay giving any such directions, in order not unnecessarily to interrupt the proceedings; though if the members generally seem to be in favor of having the words taken down, by calling out to that effect, or by a vote, which the assembly may doubtless pass, [p122] the presiding officer should certainly order the clerk to take them down, in the form and manner in which they are stated by the member who objects.
229. The words objected to being thus written down, and forming a part of the minutes in the clerk’s book, they are next to be read to the member who was speaking, who may deny that those are the words which he spoke, in which case, the assembly must decide by a question, whether they are the words or not.[Footnote 31] If he does not deny that he spoke those words, or when the assembly has itself determined what the words are, then the member may either justify them, or explain the sense in which he used them, so as to remove the objection of their being disorderly; or he may make an apology for them.
230. If the justification, or explanation, or apology, of the member, is thought sufficient by the assembly, no further proceeding is necessary; the member may resume and go on with his speech, the assembly being [p123] presumed, unless some further motion is made, to be satisfied; but if any two members (one to make and the other to second the motion) think it necessary to state a question, so as to take the sense of the assembly upon the words, and whether the member in using them has been guilty of any offence towards the assembly, the member must withdraw before that question is stated; and then the sense of the assembly must be taken, and such further proceedings had in relation to punishing the member, as may be thought necessary and proper.
231. The above is the course of proceeding established by the writers of greatest authority,[Footnote 32] and ought invariably to be pursued; it might however be improved, by the member who objects to words writing them down at once, and thereupon moving that they be made a part of the minutes; by which means, the presiding officer would be relieved from the responsibility of determining, in the first instance, upon the character of the words.
232. If offensive words are not taken notice [p124] of at the time they are spoken,[Footnote 33] but the member is allowed to finish his speech, and then any other person speaks, or any other matter of business intervenes, before notice is taken of the words which gave offence, the words are not to be written down, or the member using them censured. This rule is established for the common security of all the members; and to prevent the mistakes which must necessarily happen, if words complained of are not immediately reduced to writing.
[Footnote 25: 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.] Return to text
[Footnote 26: 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 may be allowed to proceed.] Return to text
[Footnote 27: 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.] Return to text
[Footnote 28: “In the latter event, the member will rise, and addressing himself to the presiding officer, will say, ‘I rise to a point of order.’ When requested by the chair to state it, he will specify the thing he objects to. If the chair rules that the member is out of order in his remarks, and no appeal is taken from the decision, he will abandon the line of remark condemned, and, if permitted, proceed in order.
“Should an appeal be taken, it will be decided without debate.”—Ed.] Return to text
[Footnote 29: 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 members to address the assembly.] Return to text
[Footnote 30: “In the House of Commons, England, ever since the Irish Parliamentary Party proved strong enough to combat with the Opposition by obstructing all bills in the endeavor to procure ‘Home Rule’ for Ireland there has been nothing but turmoil over every bill proposed; to stop this the ‘Government Party’ passed a rule which was applied whenever obstruction or debate was carried too far; this was called ‘Cloture.’ It is used as a ‘gag’ law, as when ‘Cloture’ is moved every thing or motion is subordinated to the motion in favor of which ‘Cloture’ was applied.”—Ed.
—Also see note on page 163.] Return to text
[Footnote 31: The words, as written down, may be amended, so as to conform to what the assembly thinks to be the truth.] Return to text
[Footnote 32: Mr. Hatsell, in England, and Mr. Jefferson, in this country.] Return to text
[Footnote 33: Mr. Jefferson (§ 17) lays it down, that “disorderly words are not to be noticed till the member has finished his speech.” But in this, he is contradicted by Hatsell, as well as by the general practice of legislative bodies.] Return to text