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 THE BLUE BOOK OF PRACTICAL INFORMATIOH.By Logan Marshall. 
 Corers the widest range ol contents. Logically and conveniently 
 ananged for ready referenca. 368 PAGES 
 
 THE BLUE BOOK OF PARLIAMENTARY LAVV. By Luthek S. Ocshins. 
 With additional notes by PROFESSOR ALBBKT S. BOLLES, of the 
 University of Pennsylvania. Covers the whole field of Parliamentary 
 procedtue and debate. 239 PAGES 
 
 THE BLUEBOOKFORGIRL. WIFE AND MOTHER, Bt H. Solis-Cohen, 
 A. B., M. 1). Explaining all the important periods of a woman's life, 
 including childbirth and the months immediately preceding and fol- 
 lowing It. Recommended by the leading medical journals as the best 
 book for home use, 
 
 THE BLUE BOOK OF NURSING, By J. Q. Gbiffith, M.D., Ph.D. A 
 
 Jiractioal and sensible book which may be commended for use in 
 amilles, and by all who have to do with Illness, as a guide in times of 
 sickness, for caring for infants and children and for preserving the 
 health. 480 PAGES 
 
 PRICE PER VOLUME, $0.76 POSTAGE PAID 
 
 THE JOHN C. WINSTON COMPANY, Publishtrs 
 
 1006-1016 ARCH STREET PHILADELPHIA, PA. 
 
The BLUE BOOK of 
 
 PARLIAMENTARY LAW 
 
 RULES OF PROCEEDING 
 AND DEBATE IN DELIB- 
 ERATIVE ASSEMBLIES 
 
 BY 
 
 LUTHER S. GUSHING 
 NEW EDITION 
 
 WITH MANY ADDITIONAL 
 NOTES BY ALBERT S. BOLLES 
 
 INCLUDING THE DECLARATION OF INDEPENDENCE 
 AND THE CONSTITUTION OF THE UNITED STATES 
 
 Cornell Unlveralty Library 
 JF515.C98 B6 1907 
 
 The blue book of parliamentary law: 
 3 1924 030 487 759 
 
 olin 
 
 THE JOHN C. WINSTON COMPANY 
 PHILADELPHIA. U. S. A. 
 
Copyright, 1907, by The John C. Winston Co. 
 Copyright, 1901, by Henry T. Coates & Co. 
 
 X 
 
TABLE OF CONTENTS 
 
 INTRODUCTION i-iS 
 
 CHAPTER I. — Oe CSRTAiN Preliminary Mattsrs 16-25 
 
 Sect. I. Quorum 17-19 
 
 Sect. II. Rules and Orders 20-2^ 
 
 Sect. III. Time of Meeting 23 
 
 Sect. IV. Principle of Decision 24,25 
 
 CHAPTER II. — Of the Ofbicers 26-35 
 
 Sect. I. The Presiding Officer 27-30 
 
 Sect. II. The Recording Officer 31-35 
 
 CHAPTER III. — 0» the Rights and Duties oe 
 
 Members 36-42 
 
 CHAPTER IV. — Oe the iNTRODtrciiON or Bnsi- 
 
 SESs 43-58 
 
 CHAPTER v.— Oe Motions in General 59-61 
 
 CHAPTER VI.— Oe Motions to Suppress 62-67 
 
 Sect. I. Previous Question 63-66 
 
 Sect. II. Indefinite Postponement 67 
 
 CHAPTER VII. — Oe Motions to Postpone 68-72 
 
 CHAPTER VIII. — Oe Motions to Commit 73-77 
 
 CHAPTER IX. — Op Motions to Amend 78-133 
 
 Sect I. Division of a Question 79-83 
 
 Sect. II. Filling Blanks 84-87 
 
 Sect. III. Addition — Separation — ^Transposi- 
 tion ....'. 88-gi 
 
 Sect. IV. Modification, etc., by the Mover.. 92-93 
 Sect. V. General Rules relating to Amend- 
 
 ments 94-102 
 
 Sect. VI. Amendments, by striking out. . . .ioi-ti2 
 
 Sect. VII. Amendments, by inserting 113-121 
 
 Sect. VIII. Amendments, by striking out and 
 
 inserting 122-127 
 
 Sect. IX. Amendments, changing the nature 
 
 of a question 128-133 
 
 (3) 
 
, TABLE OF CONTENTS. 
 
 4 
 
 CHAPTER X. — Op the Order and SuccESSIOB 
 
 Of Business 134-187 
 
 SecT. 1. Privileged Questions 136-149 
 
 Aajournment 137-140 
 
 Quescions of Privilege 141 
 
 Orders of the Day 142-149 
 
 SSCT. II. Incidental Questions 150-165 
 
 Questions of Order 151-154 
 
 Reading of Papers 1 55-160 
 
 Withdrawal of a Motion 161,162 
 
 Suspension of a Rule 163,164 
 
 Amendment of Amendments.... 165 
 
 Sect. III. Subsidiary Queatiins 166-187 
 
 Lie on the Table 171-173 
 
 Previous Question i74,i7S 
 
 Postponement 176-180 
 
 Commitment 181-183 
 
 Amendment 184-1S7 
 
 CHAPTER ^^I- — O? TH8 Oedek oe Peoceeding. ..188-200 
 
 CHAPTER XII. — Op Okdee in Debate 201-232 
 
 Sect. I. As to the Manner of Speaking. .. .203-208 
 
 Sect, II. As to tiie Matter in Speaking .209-214 
 
 Sect. III. As to Times of Speaking 215-219 
 
 Sect. IV. As to Stopping Debate 220-222 
 
 Sect. V. As to Decorum in Debate 223-226 
 
 Sect. VI. As to Disorderly Words 227-232 
 
 CHAPTER XIII. — Ot THE Question 233-249 
 
 CHAPTER XIV. — Op Reconsid^ation 250-257 
 
 CHAPTER XV. — Of Committees 258-31 1 
 
 Sect. I. Their Nature and Functions 258-262 
 
 Sect. II. Their Appointment 263-272 
 
 Sect. III. Their Organization, Etc 273-285 
 
 Sect. IV. Their Report 286-296 
 
 Sect. V. Committee of the Whole 297-311 
 
 CONCLUDING REMARKS 3i2-'3i5 
 
 CONSTITUTION OF THE UNITED STATES.. 189 
 
 DECI^ARATION OF INDEPENDENCE 217 
 
PARLIAMENTARY PRACTICE 
 
 INTRODUCTION. 
 
 1. Organization. — The purposes, whatever 
 they may be, for which a deliberate assembly 
 of any kind is constituted, can only be effected 
 by ascertaining the sense or will of the assem- 
 bly, in reference to the several subjects sub- 
 mitted to it, and by embodying that sense or 
 will in an intelligible, authentic, and authori- 
 tative form. To do this, it is necessary, in the 
 first place, that the assembly should be promptly 
 constituted and organized ; and, secondly, that 
 it should conduct its proceedings according to 
 certain rules, and agreeably to certain forms, 
 which experience has shown to be the best 
 adapted to the purpose. 
 
 2. Municipal and Corporate Organiza- 
 tion. — Some deliberative assemblies, especially 
 those which consist of permanently established 
 bodies, such as municipal and other corpora- 
 tions, are usually constituted and organized, at 
 
 I CO 
 
2 PARLIAMENTARY PRACTICE. 
 
 least in part, in virtue of certain legal provis- 
 ions; while others, of an occasional or tem- 
 porary character, such as conventions and 
 political meetings, constitute and organize 
 themselves on their assembling together foi the 
 purposes of their appointment. 
 
 3. Temporary Organization. — ^The most 
 usual and convenient mode of organizing a de- 
 liberative assembly is the following : — The mem- 
 bers being assembled together, in the place, 
 and at the time appointed for their meeting, 
 one of them, addressing himself to the others, 
 requests them to come to order ; the members 
 thereupon seating themselves, and giving their 
 attention to him, he suggests the propriety and 
 necessity of their being organized, before pro- 
 ceeding 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 nomi- 
 nated for chairman, and puts a question that 
 the person so named be requested to take the 
 chair. If this question 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 person) 
 
OFFICESS. 3 
 
 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. Permanent Organization, — An organ- 
 ization, thus effected, may be, and frequently 
 is, sufficient for all the purposes of the meet- 
 ing; but if, for any reason, it is desired to 
 have a greater number of officers, or to have 
 them selected with more deliberation, it is the 
 practice to organize temporarily, in the man- 
 ner above mentioned, and then to refer the sub- 
 ject of a permanent organization, and the se- 
 lection of persons to be nominated for the 
 several offices, to a committee ; upon whose 
 report the meeting proceeds to organize itself, 
 conformably thereto, or in such other manner 
 as it thinks proper. 
 
 5. Officers. — The presiding officer is usually 
 denominated the president, and the recording 
 officer the secretary ; though sometimes these 
 officers are designated, respectively, as the 
 chairman and clerk. It is not unusual, be- 
 sides a president, to have one or more vice- 
 presidents, who take the chair, occasionally, in 
 
4 PARLIAMENTARY PSACTICE. 
 
 the absence of the president from the assembly, 
 or when he withdraws from the chair to take 
 part in the proceedings as a member ; but who, 
 at other times, though occupying seats with 
 the president, act merely as members. It is 
 frequently the case, also, that several persons 
 are appointed secretaries, in which case the 
 first named is considered as the principal offi- 
 cer. 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 usually engage in the 
 debate, and votes only when the assembly is 
 equally divided. (See note, p. 148.) 
 
 6. Membership. — In all deliberative as- 
 semblies, the members of which are chosen or 
 appointed to represent others, it is necessary, 
 before proceeding to business, to ascertain who 
 are duly elected and returned as members ; in 
 order not only that no person may be admitted 
 to participate in the proceedings who is not 
 regularly authorized to do so, but also that a 
 
 * 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. 
 
Q VESTtON OP MEMBERSBIP. ^ 
 
 list of the members may be made for the use 
 of the assembly and its officers. 
 
 7. Reports on Membership. — The pro- 
 per time for this investigation is after the tem- 
 porary and before the permanent organization ; 
 or, when the assembly is permanently organ- 
 ized, 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 receive and 
 report upon the credentials of the members.* 
 The same committee may also be charged with 
 the investigation of rival claims, where any 
 such are presented. 
 
 8. Question of Membership. — When a 
 question arises, involving the right of a mem- 
 ber to his seat, such member is entitled to be 
 heard on the question, and he is then to with- 
 draw 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 
 
 * In reporting the list of members with proper creden- 
 tials, the committee may report the names of contestants 
 with recommendations for the action of the assembly, and 
 these may be followed, modified, or rejected. — B. 
 
6 PASLIA MENTAR Y PSA CTICE. 
 
 being a fundamental rule of all deliberative as- 
 semblies, that those members, whose rights as 
 such are not yet set aside, constitute a judi- 
 cial tribunal to decide upon the cases of those 
 whose rights of membership are called in ques- 
 tion.* Care should always be taken, therefore, 
 in the selection of the officers, and in the ap- 
 pointment of committees, to name only those 
 persons whose rights as members are not ob- 
 jected to. 
 
 9. Right of Membership. — The place 
 where an assembly is held, being in its posses- 
 sion, and rightfully 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, 
 when ordered to do so, or conduct himself in 
 a disorderly or improper manner, the assem- 
 bly may unquestionably employ sufficient force 
 to remove such person from the meeting. 
 
 10. Established Rules. — Every delibera- 
 tive assembly, by the mere fact of its being 
 assembled and constituted, does thereby neces- 
 sarily adopt and become subject to those rules 
 
 * By the federal constitution and the constitution of the 
 States, each House acts as a judge of the elections, re- 
 turns and qualifications of its own members, — B. 
 
SVLES OF PROCEEDINQ. 7 
 
 and forms of proceeding, without which it 
 would be impossible for it to accomplish the 
 purposes of its creation. It is perfectly com- 
 petent, however, for every such body — and 
 where the business is of considerable interest 
 and importance, or likely to require some time 
 for its accomplishment, it is not unusual — to 
 adopt also certain special rules for the regula- 
 tion of its proceedings. Where this is the case, 
 these latter supersede the ordinary parliamen- 
 tary 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 re- 
 spects. 
 
 II. Rules of Proceeding. — The rules of 
 parliamentary proceedings 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 inten- 
 tion. To these rules, each legislative assembly 
 is accustomed to add a code of its own, by 
 
8 PARLIAMENTARY PRACTICE. 
 
 which, in conjunction with the former, its pro- 
 ceedings are regulated. The rules, thus adopted 
 by the several legislative assemblies, having 
 been renewed in successive legislatures, — with 
 such extensions, modifications and additions 
 as have been from time to time thought neces- 
 sary, — the result is, that a system of parliamen- 
 tary 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 parliamen- 
 tary law. 
 
 12. Parliamentary Practice in Force. 
 — The rules of proceeding, in each State, 
 being of course best known by the citizens of 
 that State, it has sometimes happened, in de- 
 liberative assemblies, that the proceedings have 
 been conducted not merely according to the 
 general parliamentary law, but also in con- 
 formity 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 application, or which it specially 
 adopts for its own government ; and the rules 
 adopted and practised upon by a legislative 
 
TBJS WILL OF THE ASSEMBLY. g 
 
 assembly do not thereby acquire the character 
 of general laws. 
 
 13. Orders, Resolutions and Votes. — 
 The judgment, opinion, sense, or will of a 
 deliberative assembly is expressed, according 
 to the nature of the subject, either by a reso- 
 lution, order, or vote. When it commands, it 
 is by an order; but facts, principles, its own 
 opinions or purposes, are most properly ex- 
 pressed in the form of a resolution ; the term 
 vote may be applied to the result of every ques- 
 tion 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. Ascertaining the Will of the As- 
 sembly. — ^The judgment or will of any num- 
 ber of persons, considered as an aggregate body, 
 is that which is evidenced by the consent or 
 agreement of the greater number of them ; and 
 the only mode by which this can be ascer- 
 tained, 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 express the 
 judgment or will of the assembly. This Drop- 
 
lO PARLIAMENTAR Y PRACTICE. 
 
 osition will then form a basis for the further 
 proceedings of the assembly ; to be assented 
 to, rejected, or modified, according as it ex- 
 presses 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 upon it, constitute the 
 subject of the rules of debate and proceeding 
 in deliberative assemblies. 
 
 15. Motions and Forms of Question. 
 — If the proceedings of a deliberative assem- 
 bly were confined to the making of propo- 
 sitions by the individual members, and their 
 acceptance or rejection by the votes of the 
 assembly, there would be very little occasion 
 for rules in such a body. But this is not the 
 case. The functions of the members are not 
 limited to giving an affirmative or negative to 
 such questions as are proposed to them. When 
 a proposition is made, if it be not agreed to or 
 rejected at once, the assembly may be unwill- 
 ing to consider and act upon it at all ; or it 
 may wish to postpone the consideration of the 
 subject to a future time ; or it may be willing 
 <o adopt the proposition with certain modifica- 
 
OBJECT OF MEMTINO. 1 1 
 
 tions; or, lastly, approving the subject-matter, 
 but finding it presented in so crude, imperfect, 
 or objectionable a form, that it cannot in that 
 state be considered at all, the assembly may 
 desire to have the proposition further exam- 
 ined and digested before being presented. In 
 order to enable the assembly to take whichever 
 of the courses above indicated it may think, 
 proper, and then to dispose of every propo- 
 sition in a suitable manner, certain motions 
 or forms of question have been invented, 
 which are perfectly adapted to the purpose, 
 and are in common use in all deliberative as- 
 semblies. 
 
 15 a. Object of Meeting. — Rules of pro- 
 cedure somewhat differ with the object of 
 association. If the association is to be per- 
 manent, then its rules of procedure are either 
 established by law, or by the association itself, 
 at an early meeting. If the association is of 
 a temporary character, then as soon as the or- 
 ganization is completed the chairman inquires 
 what is the object of the meeting, often using 
 the well-known phrase, " What is the further 
 pleasure of the meeting?" The meeting may 
 be a public one, at which some person offers 
 a series of resolutions that have been pre- 
 
1 2 PASLIAMENTAE Y PEACTICM. 
 
 viously prepared ; or if none have been, some 
 person may state the object of the meeting^ 
 and move the appointment of a committee to 
 prepare and report resolutions. — B. 
 
 15 b. Methods of Procedure. — In every 
 case, when one rises to address the chair, the 
 chairman responds, calling the speaker by 
 name, or, if not knowing it, inquiring of the 
 speaker himself for his name. Sometimes the 
 speaker on rising will state his name, if he 
 thinks it is not known by the chairman, or per- 
 haps some one else will announce the name. 
 When he has thus obtained the floor and been 
 recognized, he may, if having resolutions to 
 offer, preface them with an explanation, and 
 then move their adoption and immediately 
 hand them to the chairman or secretary. In 
 legislative bodies all resolutions and other 
 papers are sent to the secretary's desk, but in 
 temporary bodies it is proper to deliver the 
 resolutions to the chairman himself. — B. 
 
 15 c. Resolutions. — When resolutions have 
 thus been presented, one of several courses may 
 be taken. The chairman may direct the secre- 
 tary to read them again, or such a request may 
 be made to him ; if so, they are usually read 
 again for the better understanding of all pres- 
 
FUSPOSE OF MEETING. 
 
 13 
 
 ent. When their reading is completed, the 
 chairman states that the question is on the 
 adoption of the resolutions just read, and, 
 pausing for a moment, he adds: "Are you 
 ready for the question ?' ' His action does not 
 signify that he intends to put the question at 
 once. This is simply a formal manner of 
 bringing the resolutions before the body for 
 consideration. Now, therefore, is the time for 
 discussing them, and a discussion often follows. 
 If the resolutions are important, some one 
 usually wishes to say something, or to offer an 
 amendment. But if there is silence, the chair- 
 man then puts the question by saying, " As 
 many as are in favor of the adoption of the 
 resolutions just read will say aye;" and often 
 after the ayes have voted, he says, "As many 
 as are of a contrary mind will say no." Then 
 he announces the result by saying, if the ayes 
 have prevailed, "The resolutions are adopted;" 
 or, " The ayes have it, the resolutions are 
 adopted."— B. 
 
 15 d. Purpose of Meeting. — It may be 
 that a meeting is called for a well-known pur- 
 pose, but no resolutions have been prepared as 
 the probable expression of its action. In such 
 a case, after an organization has been effected, 
 
14 PARLIAMENTARY PRACTICE. 
 
 and the chairman has inquired what is the 
 pleasure of the meeting, some one rises and, 
 either after making a further explanation than 
 was made at the outset, or perhaps none at all, 
 moves the appointment of a committee to draft 
 resolutions expressive of the sense of the meet- 
 ing on the subject before it. After the second- 
 ing of the motion, the chairman asks, "Are 
 you ready for the question?" and if no one 
 discusses the motion ,the question is put and 
 the result is announced. — B. 
 
 15 e. Committee on Resolutions. — He 
 next inquires, "Of how many shall the com- 
 mittee consist ?" Sometimes only one number 
 is mentioned ; if so, he is governed by the 
 seeming will of those present. If more than 
 one number is mentioned, he states them all ; 
 and then asks for a vote on each, beginning 
 either with the smallest or the largest number, 
 and continuing until a number is determined. 
 The next inquiry relates to their manner of 
 appointment. The chairman asks, ' ' How shall 
 they be appointed?" and in many cases those 
 present say, "By the chair," and if no objec- 
 tion is heard to this method, he makes a selec- 
 tion. Usually the person who makes the 
 motion is appointed first, and thereby becomes 
 
COMMITTEE BEPOSTS. 
 
 IS 
 
 chairman. The chair may appoint the commit- 
 tee at once, or ask for delay. Not unfrequently 
 the work of these meetings is well-arranged 
 beforehand, — the selection of a chairman, sec- 
 retary and members of committees, — and the 
 chairman is merely a part of the machinery, 
 and in appointing committees is merely an- 
 nouncing names selected by others behind the 
 scene. — B. 
 
 15 f. Naming the Committee. — If, how- 
 ever, some persons in the meeting favor the 
 other method, " By nomination," then the 
 chairman must follow their wishes, unless there 
 is a vote on the matter, which is rarely taken. 
 In naming members of a committee, no per- 
 son, except by unanimous consent, can name 
 more than one, and a vote is taken on each 
 nomination. When the chairman appoints, 
 there is one vote on all the appointees. — B. 
 
 15 g. Committee Reports. — The member 
 first nominated or appointed then requests the 
 other members to meet him at a designated 
 place, or this request may be made through the 
 chairman. While they are considering what 
 to report, the meeting may adjourn "subject 
 to the call of the chairman," or remain in 
 session entertaining itself as best it can. When 
 
l6 PARLIAMENTARY PBACTIce. 
 
 the report is ready the chairman of the com- 
 mittee, addressing the chairman, says: "The 
 committee appointed to draft resolutions are 
 prepared to report." To this the chairman 
 responds by saying that " the meeting will now 
 listen to the report of the committee," which 
 is usually read by the chairman of the com- 
 mittee, and afterward handed to the presiding 
 of&cer or to the secretary. This done, the 
 committee is dissolved without action by the 
 meeting. — B. 
 
 15 h. Action on Report. — Action is now 
 taken on the report. Some one moves its 
 " adoption " or " acceptance." In assemblies 
 more strictly governed there are two processes, 
 the acceptance of the report and its adoption, 
 for a report can be received and the committee 
 fie discharged without adopting the report, and 
 thus making it the sense of all. Of course, 
 the report is now before the meeting for 
 debate, modification, acceptance, or rejection. 
 When final action is taken there is nothing 
 further to do, and a motion "to adjourn" is 
 made, and the result is announced by the chair- 
 man. — B. 
 
 15 i. Organization of Continuous Bodies. 
 — The organizing of some other bodies may be 
 
ORGANIZA TION OF CONTItfVO VS BODIES. 1 7 
 
 briefly considered. One of these is a body the 
 membership of which consists partly of existing 
 or continuing members, and new ones. "In 
 all cases where part of the public body remains, 
 and is to be completed by the reception of new 
 members, it remains as an organized nucleus, 
 and in its organized form it receives the new 
 members, and then proceeds to the election of 
 new officers, if any are to be elected. The old 
 nucleus is not dissolved by the incoming ele- 
 ments, but these are added to it, and then the 
 whole body proceeds to the exercise of all its 
 functions."* Thus an ordinance of the com- 
 mon council of a city provided that the clerk 
 and his assistant should continue in office until 
 the organization of the new council and until 
 their successors should be duly elected. At the 
 organization of the new council there were pres- 
 ent twenty-three members whose term did not 
 end for a year, among whom was the president. 
 The president and clerks were in their usual 
 places on the day and at the hour appointed by 
 law for organizing the new council. Two 
 bodies organized, but it was declared by the 
 court that it was the right of the officers above 
 
 * Chief Justice Lowrie in Kerr v. Trego, 57 Pa., 297. 
 2 
 
1 8 PARLIAMENTAR Y PEA CTICE. 
 
 mentioned to organize the council by first call- 
 ing the roll of members whose terms had not 
 expired, and then requiring the new members 
 to present their certificates, that their names 
 might also be enrolled. Such a mode of pro- 
 ceeding, said the court, " has the sanction of 
 the common usage of every public body into 
 which only a portion of new members is an- 
 nually infused. It is the periodical form of 
 reorganizing the Select Council [of Phila- 
 delphia] and Senate of the State [of Penn- 
 sylvania], and also the form of organizing 
 the Senate of the United States on the meet- 
 ing of a new Congress, where the vice-presi- 
 dent does not appear, and the last president 
 pro tern, does ; ' and we understand this cus- 
 tom to be uniform throughout the United 
 States.' "*— B. 
 
 15 j. Corporate Organization. — Two 
 cases of organizing meetings may be given in 
 which the courts considered the question 
 whether or not proper organizations had been 
 effected. In one of these a corporation in New 
 Jersey held a stockholders' meeting for the 
 purpose of authorizing the issue of some 
 
 * 57 Pa. Rep., 292. 
 
CORPORATE OSQANIZATION. ig 
 
 bonds. A by-law provided that five-eighths 
 of its stock should be represented ■ at such a 
 meeting. The stock was divided into three 
 thousand shares, and at the meeting above 
 mentioned only four stockholders were present, 
 who represented 469 shares. But the wives of 
 two of them owned 2000 shares ; the minutes, 
 however, did not show either that they were 
 present, or that their husbands were authorized 
 to act for them. Notwithstanding this defect 
 in the minutes, the proof showed that their 
 husbands did present proxies for them and 
 voted on their stock. As the proof was com- 
 plete, the court declared that the bonds issued 
 were valid. In another case a disorder occurred 
 at a corporate meeting in which all parties par- 
 ticipated. After the disorder had ceased, sev- 
 eral of the stockholders withdrew for the pur- 
 pose of carrying out a preconceived scheme to 
 organize and conduct the meeting in their own 
 interests. Their call to withdraw was not 
 made to all the stockholders, but only to 
 members of their own faction. They organ- 
 ized another meeting, but before voting sent 
 an invitation to the other stockholders to come 
 and vote. Nevertheless, the acts of the meet- 
 ing were illegal, and the invitation to the other 
 
20 PARLIAMENTAEY PRACTICE. 
 
 Stockholders was ineffectual to cure the radical 
 defects of organization* — B. 
 
 * 158 Pa. Rep., 476. 
 
 " The violation of parliamentary law does not of itself 
 make void the proceedings of a deliberative body." 
 — Pleasants, J. , 48 Southwestern Rep. , 790. 
 
 If in electing corporate officers no particular mode of 
 proceeding is prescribed by law, and the wishes of the 
 corporators have been fairly expressed, and the election 
 has been conducted in good faith, it will not be set aside 
 for any informality in the manner of conducting it. — I 
 Paige's Rep., 598. 
 
OF CERTAIN PRELIUINAHY MATTERS. 21 
 
 CHAPTER I. 
 Of Certain Preliminary Matters. 
 
 16. Preliminary Matters. — Before enter- 
 ing upon the subject of the forms and rules of 
 proceeding, in the transaction of business, it 
 will be convenient to consider certain matters 
 of a preliminary nature, which are more or 
 less essential to the regularity, despatch and 
 efficiency of the proceedings. 
 
 Section I. Quorum.* 
 
 17. Need of. — In all councils, and other 
 collective bodies of the same kind, it is neces- 
 
 * "The term quorum (literally, of whom) is one of 
 the words used in England in the Latin form of the com- 
 mission to justices of the peace. The part of the docu- 
 ment wherein the word occurs reads thus : ' We have 
 assigned you, and every two or more of you, quorum 
 aliquem vestrum. A, B, C, D, etc., unum esse volumus, 
 — i.e., of whom we will that any one of you. A, B or C, 
 etc. , shall be one. ' This made it necessary that certain 
 individuals, who, in the language of the commission, were 
 sa'd to be of the quorum, should be present during the 
 transaction of business." — Blackstone's Commentaries, 
 I-, 352. 
 
22 PARLIA.MENTABY PRACTICE. 
 
 sary that a certain number, called a quorum, 
 of the members should meet and be present, 
 in order to the transaction of business. This 
 regulation has been deemed essential to secure 
 fairness of proceeding, and to prevent matters 
 from being concluded in a hasty manner, or 
 agreed to by so small a number of the members 
 as not to command a due and proper respect. 
 
 i8. Number and How Fixed. — The num- 
 ber necessary to constitute a quorum of any 
 assembly may be iixed by law, as is the case 
 with most of our legislative assemblies ; or by 
 usage, as in the English House of Commons ;* 
 or it may be fixed by the assembly itself; but 
 if no rule is established on the subject, in any 
 of these ways, a majority of the members com- 
 posing the assembly is the requisite number. 
 
 i8 a. Federal Rule. — The Constitution 
 of the United States provides that " a majority 
 of each [house] shall constitute a quorum to 
 do business." "In other words," says Mr. 
 Justice Brewer, ' ' when a majority are present 
 the house is in a position to do business. Its 
 capacity to transact business is then established, 
 
 * In the House of Commons, forty constitute a quorum. 
 In the House of Lords, three. 
 
QUORUM. 
 
 23 
 
 created by the mere presence of a majority, 
 and does not depend upon the disposition or 
 assent or action of any single member or frac- 
 tion of the majority present." — [B.] 
 
 18 b. When a Quorum Consists of a 
 Majority. — A quorum, unless a specific rule 
 has been established by positive law, consists 
 of a majority of the members of the body, and 
 a quorum possesses all the powers of all. Fur- 
 thermore, a majority of the quorurn govern. 
 Thus, if a body consists of twelve councilmen, 
 seven is the least number that can constitlite a 
 valid meeting, though the action of four of 
 the seven may bind the rest. In other 
 words, action by the four binds the twelve. 
 -CB.] 
 
 18 c. Quorum of a Voluntary Associa- 
 tion. — When a voluntary association composed 
 of an indefinite number of members has no 
 rule prescribing the number that shall consti- 
 tute a quorum, but has been accustomed to 
 hold meetings pursuant to notices published in 
 the newspapers and to transact its business re- 
 gardless of the number in attendance, the 
 members attending any meeting constitute a 
 quorum. Those who do not attend impliedly 
 assent that those who do should by a majority 
 
24 PARLIAMENTARY PRACTICE. 
 
 vote transact the business of the association.* 
 And when the members attending such a meet- 
 ing constitute a quorum, the withdrawal from 
 it of a minority does not affect the right of 
 those remaining to proceed with the transaction 
 of business.! — [B.] 
 
 i8 d. Quorum of Directors. — With re- 
 spect to directors, a majority of a board form a 
 quorum, unless a positive regulation exists ; and 
 a majority of the quorum determine the action 
 of the board. " It has been held that if a 
 quorum of the directors of a company meet 
 and unite in any determination, the company 
 is bound thereby, whether the other directors 
 were notified or not. But this view is certainly 
 not correct. The shareholders in a corporation 
 are entitled not only to the votes of the direc- 
 tors, but also to their influence and argument 
 in the discussion which leads to the passage of 
 their resolutions. While it may not be the 
 duty of every director to be present at every 
 meeting of the board, yet it is certainly the 
 intention of the shareholders that every di- 
 rector shall have a right to be present at every 
 meeting in order to acquire full information 
 
 * 43 New York Supp., 852. -1; lb. 
 
QDOXVM. 25 
 
 concerning the affairs of the corporation, and 
 to give the other directors the benefit of his 
 judgment and advice. If meetings could be 
 held by a bare quorum, without notifying the 
 other directors, the majority might virtually 
 exclude the minority from all participation in 
 the management of the company. If it appears 
 that a meeting of the directors was attended by 
 a quorum, it will be presumed, in the absence 
 of the contrary, that due notice of the meeting 
 was given to all the directors, and that all 
 necessary formalities have been complied with.* 
 -[B.] 
 
 i8 e. Number Necessary at Meetings 
 of Shareholders. — It is not necessary for a 
 majority of all the shareholders of a corpora- 
 tion to be present at a meeting to render effec- 
 tive and binding any resolutions that may be 
 passed. Unless there be an express provision 
 to the contrary, the rule is that the stockhold- 
 ers who actually assemble at a properly con- 
 vened meeting constitute a quorum for the 
 transaction of business, and a majority of that 
 quorum have authority to represent the corpo- 
 ration. f — [B.] 
 
 * Morawetz on Private Corporations, §532. 
 j- Morawetz on Corporations, §476. 
 
26 PASLIAMENTABY PRACTICE. 
 
 i8 f. Force of By-law Fixing Quorum 
 of Shareholders. ^-A by-law providing that 
 a quorum shall consist of one-third of the 
 stockholders holding at least one-third of the 
 shares does not require that one-third of the 
 authorized shares of stock be represented, but 
 only that those present shall hold one-third of 
 the shares actually issued.* — [B.] 
 
 19. Must be Present. — No business can 
 regularly be entered upon until a quorum is 
 present ; nor can any business be regularly pro- 
 ceeded with when it appears that the members 
 present are reduced below that number ; conse- 
 quently, the presiding officer ought not to take 
 the chair until the proper number is ascertained 
 to be present; and if, at any time, in the 
 course of the proceedings, notice is taken that 
 a quorum is not present, and, upon the mem- 
 bers being counted by the presiding officer, 
 such appears to be the fact, the assembly must 
 be immediately adjourned. 
 
 19 a. How Presence of May be Deter- 
 mined. — In determining the presence of a 
 majority the Constitution has prescribed no 
 method of doing it. As it is silent, Mr. Jus- 
 
 * SoCt. Rep., ss8. 
 
EVLES AND OBDEES. 
 
 27 
 
 tice Brewer has declared that it is " within the 
 competency of the house to prescribe any 
 method which shall be reasonably certain to as- 
 certain the fact." Consequently Rule XV. of 
 the House of Representatives of the fifty-first 
 Congress, that " on the demand of any mem- 
 ber, or at the suggestion of the speaker, the 
 names of members sufficient to make a quorum 
 in the hall of the house who do not vote shall 
 be noted by the clerk and recorded in the 
 journal, and reported to the speaker with the 
 names of the members voting, and be counted 
 and announced in determining the presence of 
 a quorum to do business," is a constitutional 
 mode of ascertaining the presence of a quo- 
 rum.* — [B.] 
 
 Sect. II. Rules and Orders. 
 
 20. Power of Assembly to Provide 
 Rules. — Every deliberative assembly, as hag 
 already been observed, is, by the fact alone of 
 its existence, subject to those rules of proceed- 
 ing, without which it could not accomplish the 
 purposes of its creation. It may also provide 
 rules for itself, either in the form of a general 
 
 * United States v. Ballin, 144 U. S. Rep., I. 
 
28 FASLIAMEiXTAE Y PRACTICE. 
 
 code established beforehand, or by the adop- 
 tion, from time to time, during its sitting, of 
 such special rules as it may find necessary. 
 
 21. How Amended. — When a code of 
 rules is adopted beforehand, it is usual also to 
 provide therein as to the mode in which they 
 may be amended, repealed, or dispensed with. 
 Where there is no such provision, it will be 
 competent for the assembly to act at any time, 
 and in the usual manner, upon questions of 
 amendment or repeal ; but in reference to dis- 
 pensing with a rule, or suspending it, in a par- 
 ticular case, if there is no express provision on 
 the subject, it seems that it can only be done 
 by general consent. 
 
 22. Hov^ Enforced. — When any of the 
 rules, adopted by the assembly, or in force, 
 relative to its manner of proceeding, is disre- 
 garded or infringed, every member has the 
 right to take notice thereof and to require that 
 the presiding officer, or any other whose duty 
 it is, shall carry such rule into execution ; and, 
 in that case, the rule must be enforced, at once, 
 without debate or delay. It is then too late to 
 alter, repeal, or suspend the rule ; so long as 
 any one member insists upon its execution, it 
 must be enforced. 
 
PRINCIPLE OF DECISION. 
 
 29 
 
 Sect. III. Time of Meeting. 
 
 23. Time of Meeting. — Every assembly, 
 which is not likely to finish its business at one 
 sitting, will find it convenient to come to some 
 order or resolution beforehand, as to the time 
 of reassembling, after an adjournment ; it being 
 generally embarrassing to fix upon the hour for 
 this purpose, at the time when the sitting is 
 about to close, and in connection with the 
 motion to adjourn. 
 
 Sect. IV. Principle of Decision. 
 
 24. Rule of Majority. — The principle, 
 upon which the decisions of all aggregate 
 bodies, such as councils, corporations, and de- 
 liberative assemblies, are made, is that of the 
 majority of votes or suffrages ; and this rule 
 holds not only in reference to questions and 
 subjects which admit only of an affirmative on 
 one side and a negative on the other, but also 
 in reference to elections in which more than 
 two persons may receive the suffrages. 
 
 24 a. A Proposition is Carried by Ma- 
 jority of Votes Cast. — Unless there be a 
 regulation to the contrary, when a quorum of a 
 body is present and its journal properly shows 
 
30 PARLIAMENTARY PRACTICE. 
 
 their presence, a proposition is carried by a 
 majority of the votes cast. " The exercise of 
 law-making power is not stopped by the mere 
 silence and inaction of some of the law-makers 
 who are present. An abitrary, technical and 
 exclusive method of ascertaining whether a 
 quorum is present operating to prevent the per- 
 formance of official duty and obstruct the busi- 
 ness of government is no part of our common 
 law."— [B.]* 
 
 25. Rule of Majority Qualified. — But 
 this rule may be controlled by a special rule in 
 reference to some particular subject or ques- 
 tion, by which any less number than a majority 
 may be admitted, or any greater number re- 
 quired to express the will of the assembly. 
 Thus, it is frequently provided, in legislative 
 assemblies, that one-third or one-fourth only 
 of the members shall be sufficient to require 
 the taking of a question by yeas and nays, and, 
 on the other hand, that no alteration shall 
 take place in any of the rules and orders, with- 
 out the consent of at least two-thirds, or even 
 a larger number. 
 
 25 a. Rights of Minority of Stock- 
 holders. — The rights of a minority at a stock- 
 
 • 6s New Hamp. Rep., 383. 
 
PRINCIPLE OF DECISION. 3 1 
 
 holders' meeting is often a question of the 
 utmost importance. It has been decided that 
 a stockholder owning a majority of the sub- 
 scribed capital stock of a corporation who has 
 acquiesced in the organization of a stock- 
 holders' meeting and participated in its busi- 
 ness, for example, nominating persons for 
 directors, cannot withdraw from the meeting 
 and organize another at the same time and in 
 the same place, and elect the same persons 
 directors for whom he had voted at the other 
 meeting. A case of this kind arose in North 
 Dakota in which the court remarked that it was 
 the duty of the principal stockholder who thus 
 withdrew and attempted to hold another meet- 
 ing " to remain at the stockholders' meeting 
 as organized, and vote his stock at that meet- 
 ing. This he did not do, and we are of opinion 
 that voting the stock at another meeting, which 
 he held with others in the same room, at the 
 same time, was of no effect. A minority must 
 have a right to insist that, after a meeting is 
 organized, the majority shall not withdraw from 
 it and organize another meeting, at which the 
 minority must appear and lose their rights. 
 Once concede the right, and there is no limit 
 to the number of wrecked meetings which may, 
 
32 
 
 PARLIAMENTARY PRACTICE. 
 
 at the caprice of a majority, precede the trans- 
 action of any business." — [B.]* 
 
 25 b. Rights of Minority of Commit- 
 tee. — "As a general rule, it may be stated, 
 that not only where the corporate power resides 
 in a select body, as a city council, but where it 
 has been delegated to a committee or agents, 
 then, in the absence of special provisions other- 
 wise, a minority of the select body, or of the 
 committee or agents, are powerless to bind the 
 majority or do any valid act. If all the mem- 
 bers of the select body or committee or if all 
 of the agents are assembled, or if all have been 
 duly notiiied, and the minority refuse or neglect 
 to meet with the others, a majority of those 
 present may act, provided those present con- 
 stitute a majority of the whole number. In 
 other words, in such a case, a major part of the 
 whole is necessary to constitute a quorum, and 
 a majority of the quorum may act. If the 
 major part withdraw so as to leave no quorum, 
 the power of the minority to act is, in general, 
 considered to cease." — [B.]f 
 
 * North Dak. Rep., 434. 
 
 t Dillon on Municioal Corporations, ^283. 
 
OF TEE OFFICERS. 33 
 
 CHAPTER II. 
 
 Of the Officers. 
 
 26. Officers. — The usual and necessary offi- 
 cers of a deliberative assembly are those already 
 mentioned, namely, a presiding and a record- 
 ing officer, both of whom are elected or ap- 
 pointed by the assembly itself, and removable 
 at its pleasure. These officers are always to 
 be elected by absolute majorities, even in those 
 States in which elections are usually effected by a 
 plurality, for the reason that, being removable 
 at the pleasure of the assembly, if any number 
 short of a majority were to elect, a person elected 
 by such less number would not be able to retain 
 his office for a moment ; inasmuch as he might 
 be instantly removed therefrom, on a question 
 made for that purpose, by the votes of those 
 who had voted for other persons on the elec- 
 tion ; and it is essential to the due and satis- 
 factory performance of the functions of these 
 officers that they should possess the confidence 
 of the assembly, which they cannot be said to 
 3 
 
34 
 
 PARLIAMENTARY PRACTICE. 
 
 do, unless they have the suffrages of at least a 
 majority. 
 
 Sect. I. The Presiding Officer. 
 
 27. Duties of. — The principal duties of 
 this officer are the following : — ■ 
 
 To open the sitting, at the time to which the 
 assembly is adjourned, by taking the chair and 
 calling the members to order ; 
 
 To announce the business before the assem- 
 bly in the order in which it is to be acted 
 upon ; 
 
 To receive and submit, in the proper man- 
 ner, all motions and propositions presented by 
 the members ; 
 
 To put to vote all questions, which are regu- 
 larly moved, or necessarily arise in the course 
 of the proceedings, and to announce the result ; 
 
 To restrain the members, when engaged in 
 debate, within the rules of order ; 
 
 To enforce on all occasions the observance 
 of order and decorum among the members ; 
 
 To receive all messages and other communi- 
 cations and announce them to the assembly ; 
 
 To authenticate, by his signature, when 
 necessary, all the acts, orders, and proceedings 
 of the assembly ; 
 
THE PBESIDINO OFFICER. 
 
 35 
 
 To inform the assembly, when necessary, or 
 when referred to for the purpose, in a point of 
 order or practice ; 
 
 To name the members (when directed to do 
 so in a particular case, or when it is made a 
 part of his general duty by a rule,) who are to 
 serve on committees ; and, in general. 
 
 To represent and stand for the assembly, de- 
 claring its will, and in all things obeying im- 
 plicitly its commands. 
 
 28. When the Vice-President Pre- 
 sides. — If the assembly is organized by the 
 choice of a president and vice-presidents, it is 
 the duty of one of the latter to take the chair, 
 in case of the absence of the president from 
 the assembly, or of his withdrawing from the 
 chair for the purpose of participating in the 
 proceedings. 
 
 29. Fro Tempore President. — Where 
 but one presiding officer is appointed, in the 
 first instance, his place can only be supplied, 
 in case of his absence, by the appointment of 
 a president or chairman pre? tempore ; and in 
 the choice of this officer, who ought to be 
 elected before any other business is done, it is 
 the duty of the secretary to conduct the pro- 
 ceedings. 
 
36 PABLIAMENTASY PRACTICE. 
 
 29 a. When Speaker Can Appoint a 
 Substitute. — The speaker of the National 
 House of Representatives may appoint a sub- 
 stitute for one day, or, if sick for a longer 
 period, not exceeding ten days, provided the 
 House approves his choice. If the speaker 
 omits to make an appointment, or is absent, the 
 House elects a speaker /^^ tem. — [B.] 
 
 29 b. Election of Federal and State 
 Presidents Pro Tempore. — The president 
 pro tempore of the United States Senate is 
 elected for a Congress, and of a State Senate 
 for a session. He is sometimes elected at the 
 close of a session of a State legislature to 
 serve at the next session. During the absence 
 of the regular officers of the two Houses of 
 Parliament, the chairman of the committee of 
 ways and means of each house serves as 
 speaker. — [B.] 
 
 30. When He Should Sit or Stand.— 
 The presiding officer may read sitting, but 
 should rise to state a motion or put a question 
 to the assembly. 
 
 30 a. Power of President of Corporate 
 Meeting. — A person who has been chosen to 
 preside at a corporate meeting is entitled to 
 call an adjourned meeting to order, and to 
 
TBE BECORDING OFFICER. 
 
 37 
 
 continue to preside unless superseded in some 
 orderly and recognized parliamentary manner. 
 [B.] 
 
 30 b. 'When He Cannot Adjourn It. — 
 A president of a corporation cannot adjourn a 
 stockholders' meeting without day against their 
 will. Otherwise he could prevent the annual 
 election of directors, and perpetuate in office 
 indefinitely, at his own pleasure, himself and 
 the other directors.* — [B.] 
 
 Sect. II. The Recording Officer. 
 
 31. Duties of. — The principal duties of 
 this officer consists in taking notes of all the 
 proceedings, and in making true entries in 
 his journal of all " the things done and past " 
 in the assembly ; but he is not, in general, re- 
 quired to take minutes of "particular men's 
 speeches," or to make entries of things merely 
 proposed or moved, without coming to a vote. 
 He is to enter what is done and past, but not 
 what is said or moved. This is the rule in 
 legislative assemblies. In others, though the 
 spirit of the rule ought to be observed, it is 
 generally expected, of the secretary, that his 
 
 * 49 Pacific Rep., 41. 
 
3 8 PASLIAMENTASY PRACTICE. 
 
 record shall be both a journal and in some sort 
 a report of the proceedings. 
 
 31 a. His Duty to Make Roll of Mem- 
 bers. — The clerk of the lower House of Con- 
 gress makes up the roll of membership, pre- 
 sides until the speaker is elected, and announces 
 his election. — [B.] 
 
 31 b. Entering of Minutes of Corpora- 
 tion, — The minutes of a corporation need not 
 be entered up in the handwriting of the secre- 
 tary, or "approved by the board." Indeed, 
 a resolution passed by a board, if the fact l^ 
 proved, would be valid though never entered 
 on the minutes. — [B.]* 
 
 32. Duties of Secretary. — It is also the 
 duty of the secretary to read all papers, etc., 
 which may be ordered to be read ; to call the 
 roll of the assembly, and take note of those 
 who are absent when a call is ordered ; to call 
 the roll and note the answers of the members 
 when a question is taken by yeas and nays j to 
 notify committees of their appointment and of 
 the business. referred to them; and to authenti- 
 cate by his signature (sometimes alone and 
 sometimes in conjunction with the president) 
 
 * New Jersey Eq. Rep., 402. 
 
THE RECORDING OFFICER. 
 
 39 
 
 all the acts, orders, and proceedings of the 
 assembly. [The clerk may, on motion, enter 
 the protest of any member, and his reason 
 therefor, against a measure, on the journal. In 
 some States this right is secured to members by 
 constitutional provision. In 1834 President 
 Jackson sent a protest to the Senate against 
 some condemnatory resolutions passed against 
 him by that body, but it refused to receive his 
 protest, declaring that it was a breach of privi- 
 lege.-B.] 
 
 33. Custody of Papers, etc, — The clerk is 
 also charged with the custody of all the papers 
 and documents of every description belonging 
 to the assembly, as well as the journal of its pro- 
 ceedings, and is to let none of them be taken 
 from the table by any member or other person, 
 without the leave or order of the assembly. 
 
 34. Secretary Pro Tempore. — When but 
 a single secretary or clerk is appointed, his place 
 can only be supplied, during his absence, by 
 the appointment of some one to dsXpro tempore. 
 When several persons are appointed, this in- 
 convenience is not likely to occur. 
 
 35. When He Should Stand.— The clerk 
 should stand while reading or calling the as- 
 sembly. 
 
40 
 
 PABLIAMENTARY PRACTICE. 
 
 CHAPTER III. 
 
 Of the Rights and Duties of the 
 Members. 
 
 36. Equality. — The rights and duties of 
 the members of a deliberative assembly, as re- 
 gards one another, are founded in and derived 
 from the principle of their absolute equality 
 among themselves. Every member, however 
 humble he may be, has the same right, with every 
 other, to submit his propositions to the assembly, 
 to explain and recommend them in discussion, 
 and to have them patiently examined and de- 
 liberately decided upon by the assembly ; and, 
 on the other hand, it is the duty of every one 
 so to conduct himself, both in debate and in 
 his general deportment in the assembly, as not 
 to obstruct any other member in the enjoy- 
 ment of his equal rights. The rights and duties 
 of the members require to be explained only in 
 reference to words spoken in debate (whether 
 spoken of a member or otherwise) and to gen- 
 eral deportment. The first will be most con- 
 
RIGHTS AND D VTIES OF KEHBEBS. 4 1 
 
 veniently noticed in the chapter on Debate; 
 the other will be considered in this place. 
 
 37. Decorum. — The observance of deco- 
 rum by the members of a deliberative assembly 
 is not only due to themselves and to one 
 another, as gentlemen assembled together to 
 deliberate on matters of common importance 
 and interest, but is also essential to the regular 
 and satisfactory proceeding of such an assembly. 
 The rules on this subject, though generally laid 
 down with reference to decorum in debate, are 
 equally applicable whether the assembly be at 
 the time engaged in debate or not ; and, there- 
 fore, it may be stated, generally, that no mem- 
 ber is to disturb another, or the assembly itself, 
 by hissing, coughing, or spitting; by speaking 
 or whispering to other members ; by standing 
 up to the interruption of others; by passing 
 between the presiding officer and a member 
 speaking ; going across the assembly room, or 
 walking up and down in it ; taking books or 
 papers from the table, or writing there. 
 
 38. Breaches of Decorum. — ^AU these 
 breaches of decorum are doubtless aggravated by 
 being committed while the assembly is engaged 
 in debate, though equally contrary to the rules 
 of propriety under any other circumstances. 
 
42 
 
 p&RZiAMEyTAR Y PB.A CTICE: 
 
 Assaults, by one member upon another, — 
 threats, — challenges, — affrays, etc., are also 
 breaches of decorum. 
 
 39. Wearing of the Hat. — It is also a 
 breach of decorum for a member to come into 
 the assembly room with his head covered, or to 
 remove from one place to another with his hat 
 on, or to put his hat on in coming in or remov- 
 ing, or until he has taken his seat ; and in 
 many assemblies, especially those which consist 
 of a small number of members, it is not the 
 custom to have the head covered at all. 
 
 40. Proceedings When One is Disor- 
 derly. — In all instances of irregular and dis- 
 orderly deportment, it is competent for every 
 member, and is the special duty of the presid- 
 ing officer, to complain to the assembly, or to 
 take notice of the offence, and call the atten. 
 tion of the assembly to it. When a complaint 
 of this kind is made by the presiding officer, he 
 is said to name the member offending ; that is, 
 he declares to the assembly that such a member, 
 calling him by name, is guilty of certain irreg- 
 ular or improper conduct. The member who 
 is thus charged with an offence against the as- 
 sembly is entitled to be heard in his place in 
 exculpation, and is then to withdraw. Being 
 
BIGHTS AND DUTIES OF MEMBERS. 43 
 
 withdrawn, the presiding officer states the of- 
 fence committed, and the assembly proceeds to 
 consider the degree and amount of punishment 
 to be inflicted. The assembly may allow the 
 member complained of to remain, when he 
 offers to withdraw ; or, on the other hand, it 
 may require him to withdraw, if he do not offer 
 to do so of his own accord. The proceedings 
 are similar when the complaint is made by a 
 member, except that the offence is stated by 
 such member, instead of being stated by the 
 presiding officer. 
 
 41. 'When Disorderly Member Should 
 Not be Present. — No member ought to be 
 oresent in the assembly when any matter or 
 business concerning himself is debating ; nor, 
 if present by the indulgence of the assembly, 
 ought he to vote on any such question. 
 Whether the matter in question concern his 
 private interest, or relate to his conduct as a 
 member, — as for a breach of order, or for mat- 
 ter arising in debate, — as soon as it is fairly be- 
 fore the assembly the member is to be heard 
 in exculpation, and then to withdraw until the 
 matter is settled. If, notwithstanding, a mem- 
 ber should remain in the assembly and vote, 
 his vote may and ought to be disallowed ; it 
 
44 PASLIAMENTAB Y PSA CTTCE. 
 
 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. Punishments. — The only punishments 
 which can be inflicted upon its members by a 
 deliberative assembly of the kind now under 
 consideration consist of reprimanding, — ex- 
 clusion from the assembly, — a prohibition to 
 speak or vote, for a specified time, — and expul- 
 sion ; to which are to be added such other forms 
 of punishment, as by apology, begging pardon, 
 etc., as the assembly may see fit to impose, and 
 to require the offender to submit to, on pain 
 of expulsion. - 
 
 CHAPTER IV. 
 Of the Introduction of Business. 
 
 43. How Business is Set in Motion. — 
 
 The proceedings of a deliberative assembly, in 
 reference to any particular subject, are ordi- 
 narily set in motion, in the first instance, by 
 some one of the members either presenting a 
 communication from persons not members, or 
 
OF THE INTRODUCTION OF BUSINESS. 
 
 45 
 
 himself submitting a proposition to the as- 
 sembly. 
 
 44. Communications. — Communications 
 made to the assembly are of two kinds, namely, 
 those which are merely for its information in 
 matters of fact, and those which contain a re- 
 quest for some action on the part of the as- 
 sembly, 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. Motions. — Propositions made by mem- 
 bers are drawn up and introduced, by motion, 
 in the form which they are intended by the 
 mover to bear, as orders, resolutions, or votes, 
 if they should be adopted by the assembly. 
 These propositions, of whatever nature they 
 may be, are usually denominated motions, until 
 they are adopted ; they then take the name 
 which properly belongs to them. 
 
 46. Hov^ to Obtain the Floor. — ^When a 
 member has occasion to make any communica- 
 tion 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 
 
^6 PARLIAMENTARY PRACTICE. 
 
 must in the first place, as the expression is, 
 " obtain the floor " for the purpose he has in 
 view. In order to do this, he must rise in his 
 place,* and, standing uncovered, address him- 
 self to the presiding officer by his title; the 
 latter, on hearing himself thus addressed, calls 
 to the member by his name ; and the member 
 may then, but not before, proceed with his 
 business. 
 
 47. Conflicting Claims to Floor. — If 
 two or more members rise and address them- 
 selves to the presiding officer at the same time, 
 or nearly so, he should give the floor to the 
 member whose voice he first heard. If his decis- 
 ion 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 
 
 * In tlie 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 ad- 
 dresses the speaker from the area, the passageways, or 
 tbe seat of any other member. 
 
OF THE INTSOD VCTION OF S VSINESS. 47 
 
 first taken upon the name of the member an- 
 nounced by the presiding ofScer ; and, if this 
 question should be decided in the negative, 
 then upon the name of the member for whom 
 the floor was claimed in opposition to him. 
 . 48. Proceedings on Communications 
 from Non-Members. — The mode of pro- 
 ceeding upon such communications from per- 
 sons not members as are above alluded to may 
 be explained by that adopted on the presenta- 
 tion of a petition, which may be considered as 
 the representative of the whole class to which 
 it belongs. 
 
 49. Petition. — 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. Statement of Substance of Peti- 
 tion. — The member who presents a petition 
 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 
 
48 PARLIAMENTARY PRACTICE. 
 
 made, that in his judgment it is couched in 
 proper language, and contains nothing inten- 
 tionally disrespectful to the assembly. 
 
 51. Mode of Presenting Petition, — 
 Being thus prepared, the member rises in his 
 place, with the petition in his hand, and in- 
 forms the assembly that he has a certain petition, 
 stating the substance of it, which he thereupon 
 presents or offers to the assembly, and at the 
 same time moves (which, however, may be 
 done by any other member) that 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 proceed- 
 ing ; but in practice there is seldom any ques- 
 tion made on receiving a petition, the presid- 
 ing 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 dis- 
 posed of, the presiding officer ought to retrace 
 his steps and require a motion of reception to 
 be regularly made and seconded. 
 
 52. Action on Petition. — If the question 
 of reception is determined in the affirmative, the 
 petition is brought up to the table by the mem- 
 ber presenting it, and is there read as of course 
 
OF THE INTROD VCTION OF B USINESS. 49 
 
 by the clerk. It is then regularly before the as- 
 sembly, 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 
 consideration of the members individually. 
 
 53. Motions and Resolutions. — When- 
 ever a member introduces a proposition of his 
 own, for the consideration of the assembly, he 
 puts it into the form he desires it should have, 
 and then moves that it be adopted as the reso- 
 lution, order, or vote of the assembly. If this 
 proposition so far meets the approbation of 
 other members that one of them rises in his 
 place and seconds it, it may then be put to the 
 question ; and the result, whether affirmative or 
 negative, becomes the judgment of the assem- 
 bly. 
 
 54. Motion Must be in Writing. — A 
 motion must be submitted in writing ; other- 
 wise the presiding officer will be justified in re- 
 fusing 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 ex- 
 tends only to principal motions, which, when 
 adopted, become the act and express the sense 
 
 4 
 
5 O PABLIAMENTAB Y PR A CTICE. 
 
 of the assembly ; but not to subsidiary or inci- 
 dental motions,* which merely enable the as- 
 sembly 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 princi- 
 pal motion, must be in writing. 
 
 55. Motion Must be Seconded. — A mo- 
 tion must be seconded, that is, approved by 
 some one member, at least, expressing his ap- 
 proval by rising and saying that he seconds the 
 motion ; and if a motion be not seconded, no 
 notice whatever is to be taken of it by the pre- 
 siding officer ; though, in practice, very many 
 motions, particularly those which occur in the 
 ordinary routine of business, are admitted 
 without being seconded. This rule applies as 
 well to subsidiary as principal motions. The 
 seconding of a motion seems to be required, 
 on the ground that the time of the assembly 
 ought not to be taken up by a question which, 
 for anything that appears, has no one in its 
 
 * Such as, to adjourn, — lie on the table, — for the pre- 
 vious question, — for postponement, — commitment, etc. 
 
OF THE INTEOD UCTION OF B VSINESS. 5 I 
 
 favor but the mover. There are some apparent 
 exceptions to this rule, which will be stated 
 hereafter, in those cases in which one member 
 alone has the right of instituting or giving di- 
 rection to a particular proceeding ; and an ac- 
 tual exception is sometimes made by a special 
 rule requiring certain motions to be seconded 
 by more than one member. 
 
 55 a. ^Vhen Motion Need Not be Sec- 
 onded. — At a meeting of shareholders of an 
 English company a motion may be put by the 
 chairman that has not been seconded. On one 
 occasion Lord Justice James said : " In my 
 opinion, if the chairman put the question 
 without its having been either proposed or 
 seconded by anybody, that would be perfectly 
 good."— [B.]* 
 
 56. Statement of Motion by Presiding 
 Officer. — When a motion has been made and 
 seconded, it is then to be stated by the presid- 
 ing officer to the assembly, and thus becomes 
 a question for its decision ; and, until so stated, 
 it is not in order for any other motion to be 
 made, or for any member to speak of it ; but, 
 when moved, seconded, and stated from the 
 
 * Law Rep., n Ch. Div., no, 117. 
 
5 2 FARLIAMENTAE Y PEA CTICE. 
 
 chair, a motion is in the possession of the assem- 
 bly, and cannot be withdrawn by the mover 
 but by special leave of the assembly, which 
 must be obtained by a motion made and sec- 
 onded as in other cases. 
 
 56 a. Modification of Previous Rule. — 
 This rule has been modified in later practice. 
 By the rule of the United States Senate, " any 
 motion or resolution may be withdrawn or 
 modified by the mover at any time before a de- 
 cision, amendment, or ordering of the yeas and 
 nays, except a motion to reconsider, which 
 shall not be withdrawn without leave of the 
 Senate." By the rule of the House, a motion 
 "may be withdrawn at any time before a de- 
 cision or amendment." But after a motion 
 has been amended, or any minor decision has 
 been made thereon, it cannot be withdrawn by 
 the mover without leave of the majority, ascer- 
 tained in the regular manner. — [B.J 
 
 57. When Motion May be Debated. — 
 When a motion is regularly before the assem- 
 bly, it is the duty of the presiding officer to 
 state it, if it be not in writing, or to cause it 
 to be read, if it be, as often as any member 
 desires to have it stated or read for his infor- 
 mation. 
 
OF THE INTRODUCTION OF BUSINESS. 
 
 53 
 
 58. When Pending Motion Cuts Off 
 Another Motion. — When a motion or prop- 
 osition is regularly before the assembly, no other 
 motion can be received, unless it be one which 
 is previous in its nature to the question under 
 consideration, and consequently entitled to 
 take its place for the time being, and be first 
 decided. 
 
 58 a. Proper Action \Vhen Presiding 
 Officer Refuses to Put Motion. — Some- 
 times a presiding officer refuses to put a mo- 
 tion, either because he thinks it is out of order, 
 illegal, or otherwise improper. One of these 
 occasions was a meeting held by five trustees, 
 at which a motion was made and seconded, but 
 not put because the chairman declared that it 
 was illegal. It was therefore put by the trustee 
 who made the motion, and it received the vote 
 of three of the five members, the other two re- 
 fusing to vote. This was legal and effective. 
 The court remarked," It is perhaps true that this 
 presents a case of a failure to pursue the prac- 
 tice which ordinarily obtains when persons 
 gathered together as a body are acting as a 
 body. But it cannot be said that every viola- 
 tion of ■ parliamentary usage will annul the 
 action of the body guilty of such irregularity. 
 
54 
 
 FABLIAMENTARY PEACTICE. 
 
 The course of procedure rests largely with the 
 discretion of the majority, provided the course 
 adopted affords a reasonable guaranty that the 
 sense of the body on the particular measure 
 before it has been fairly taken. In large bodies, 
 slight deviations from established practice 
 might be fatal. But in smaller bodies, — one, for 
 instance, composed of five members sitting 
 around the same table, each under the eye and 
 within reach of the voice of every other mem- 
 ber, — a strict observance of all the formalities 
 prescribed by parliamentary usages is not nec- 
 essary."*— [B.] 
 
 CHAPTER V. 
 
 Of Motions in General. 
 
 59. Subsidiary Motions. — When a propo- 
 sition is made to a deliberative assembly for its 
 adoption, the proposition may be in such a 
 form as to be put to the question, and the as- 
 sembly may be in such a state as to be willing 
 
 * 65 Northwestern Rep., 234, 243. 
 
OF MOTIONS IN GENERAL. 
 
 55 
 
 to come to a decision upon it at once ; and 
 when this is the case, nothing more can be 
 necessary than to take the votes of the members 
 and ascertain the result. But a different state 
 of things may and commonly does exist ; the 
 assembly may prefer some other course of pro- '; 
 ceeding to an immediate decision of the ques- 
 tion in the form in which it is presented ; and, 
 as it is proper that every parliamentary body 
 should have the means of fitly disposing of 
 every proposition which may be made to it, 
 certain forms of question have from time to 
 time been invented, and 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 motion or 
 question to which they relate. 
 
 60. Different Kinds of Subsidiary Mo- 
 tions. — The different states of mind in which 
 a proposition may be received by a deliberative 
 assembly, and the corresponding forms of pro- 
 ceeding, or subsidiary motions, to which they 
 give rise, in order to ascertain the sense of the 
 assembly, are the following : 
 
 First. The assembly may look upon the 
 proposition as useless or inexpedient, and may 
 therefore desire to suppress it, either for a time 
 
5 6 PARLIAMENTAR Y PEA CTICE. 
 
 or altogether. The subsidiary motions, for this 
 purpose, are the previous question and indefi- 
 nite postponement. 
 
 Second. The assembly may be willing to 
 entertain and consider a proposition, but not 
 at the time when it is made, — either because 
 more information is wanted by the members 
 individually, or because they desire further 
 time for reflection and examination, or 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 postponement 
 to some future day or time, and to lie on the 
 table. 
 
 Third. The subject-matter of a proposition 
 may be regarded with favor, but the form in 
 which it is introduced may be so defective that 
 a more careful and deliberate 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 acceptable, 
 and the form in which it is presented so far 
 satisfactory that the assembly may be willing 
 to consider and act upon it, with such altera- 
 
OF MOTIONS IN GENERAL. 57 
 
 tions and amendments as may be thought 
 proper. The motion adapted to this case is to 
 amend. 
 
 61. Other Kinds of Subsidiary Mo- 
 tions. — It is not to be supposed that the sub- 
 sidiary motions above specified are the only 
 ones that have at any time been adopted or 
 used, or that it is not competent for a delibera- 
 tive 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 appropriately belong ; sev- 
 eral of them are frequently used to effect pur- 
 poses for which others would be more proper. 
 These misapplications will be taken notice of 
 under the heads of the several motions. 
 
 * It is usual, in legislative assemblies, to specify the 
 particular motions that are to be used, and the order in 
 which they may be made. Thus, the rule in the House 
 of Representatives of Congress is, that "when a question 
 is under debate, no motion shall be received but to ad- 
 journ, to lie on the table, for the previous question, to 
 postpone to a day certain, to commit, to amend, to post- 
 pone indefinitely, which several motions shall have 
 precedence in the order in which they are arranged." 
 
5 8 PABLIAMENTAE Y PRACTICE. 
 
 6i a. Parliamentary Usages in Cor- 
 porate Meetings. — It cannot be expected 
 that corporate meetings will follow parliament- 
 ary usages so closely as legislative bodies. In 
 a case before Lord Justice Chitty he remarked ; 
 "It appears to be that meetings of this kind 
 are not bound to model all their proceedings 
 strictly on the rules of the House of Com- 
 mons. They are too complex for the appre- 
 hension of ordinary shareholders. . . . I think 
 the chairman is not to be caught suddenly by 
 an expression of opinion when he, without very 
 much experience, on the spur of the moment 
 has to come to some conclusion upon some 
 proposal before the meeting, and I am prepared 
 to hold, and do hold, that he is allowed to ex- 
 plain his opinion in a deliberative way." In 
 the case in which this opinion was stated, H., 
 a proprietor, attended a meeting of the pro- 
 prietors, and proposed that, to qualify a person 
 for the directory, he must have held shares for 
 a specified period. The chairman ruled this 
 motion out of order. H. then moved an 
 amendment, that the time-period for qualifying 
 shareholders to vote for directors be expunged. 
 This was seconded, and the chairman was 
 about to ask for a vote on the amendment, 
 
OF MOTIONS TO SUPPRESS. 
 
 59 
 
 when the solicitor of the company told him 
 that this could not be done, and that the origi- 
 nal resolution must be put, and accepted or 
 rejected. The original resolution was then 
 passed, H. moving its rejection and voting 
 against it. The court decided that the chair- 
 man was wrong in refusing to put the amend- 
 ment, that H. was under no obligation to con- 
 test the ruling or to leave the meeting, but was 
 justified in voting against the resolution, and 
 that by doing so he had not acquiesed in the 
 ruling, and was not prevented from taking ac- 
 tion to have the proceedings set aside as im- 
 proper. — [B.] 
 
 CHAPTER VI. 
 Of Motions to Suppress. 
 
 62. Previous Question and Indefinite 
 Postponement. — When a proposition is 
 moved which it is supposed may be regarded by 
 the assembly as useless and inexpedient, and 
 which it may therefore be desirous to get rid 
 of, such proposition may be suppressed for a 
 time by means of the previous question, or al- 
 
6o PAELIAUENTARY PRACTICE. 
 
 together by a motion for indefinite postpone- 
 ment. 
 
 Sect. I. Previous Question. 
 
 63. Use of Previous Question. — The 
 original and proper parliamentary use of the 
 previous question being, as above stated, the 
 suppression of a main question, it seems proper 
 to consider it as one of the subsidiary motions 
 for that purpose ; although, in this country, it 
 has been perverted to a wholly different use, 
 namely, the suppression of debate. This con- 
 sideration, in connection with the difficulty of 
 the subject, and the importance of a correct 
 understanding of it, makes it proper to devote 
 more room to the previous question than needs 
 to be given to most of the other subsidiary 
 motions. It will first be considered according 
 to its original use and intention j and, after- 
 wards, as used in this country. 
 
 64. Origin of Previous Question. — 
 There are several motions which give rise 
 to questions previous in their nature to other 
 questions to which they relate ; but the term 
 previous has been applied exclusively to a mo- 
 tion denominated ths previous question, which 
 has for its object tht suppression of a principal 
 motion or question This motion was intro- 
 
PREVIOUS QUESTION.] 6l 
 
 duced into the House of Commons in England 
 more than two centuries ago, for the purpose 
 of suppressing subjects of a delicate nature re- 
 lating to high personages, or the discussion of 
 which might call forth observations of an in- 
 jurious tendency. When first made use of, 
 the form of motion was. Shall the main question 
 be put? and the eifect of a decision of it in the 
 negative was to suppress the main question for 
 the whole session. The form of it was after- 
 wards 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 ap- 
 plied results from the principle that no further 
 consideration or discussion can regularly be 
 had of a subject which it has been decided 
 shall not be put to the question ; and, there- 
 fore, when on the motion of the previous 
 question it has been decided that the prin- 
 cipal question shall not now be put, that 
 question is disposed of for the day, and can- 
 not be renewed until the next or some suc- 
 ceeding day. This is the purpose for which 
 the previous question was originally invented, 
 
62 PARLIAMENTARY PBACTICE. 
 
 and for which it is still used in the British par- 
 liament. 
 
 65. Effect of Deciding Previous Ques- 
 tion in the Negative. — But the previous 
 question may be decided in the affirmative, as 
 well as the negative, that is, that the main 
 question shall now be put ; in which case that 
 question is to be put immediately, without any 
 further debate, and in the form in which it 
 then exists. This operation of the previous 
 question, when decided affirmatively, has led 
 to the use of it for the purpose of suppressing 
 debate on a principal question, and coming to 
 a vote on it immediately ; and this is ordinarily 
 the only object of the previous question as 
 made use of in the legislative assemblies of the 
 United States.* The operation of a negative 
 decision is different in different assemblies j in 
 some, as, for example, in the House of Represen- 
 tatives of Congress, it operates to dispose of the 
 principal or main question by suppressing or 
 removing it from before the house for the day ; 
 
 * Mr. Jefferson (Manual, g xxxiv. ) is of the opinion 
 that "the uses of the previous question would be as well 
 answered by other more simple parliamentary forms, and 
 therefore it should not be favored, but restricted within 
 as narrow limits as possible." 
 
PREVIOUS QUESTION. 63 
 
 but in others, as in the House of Representatives 
 of Massachusetts, and in the House of Assembly 
 of New York (in the former by usage only, and 
 in the latter by a rule), the effect of a negative 
 decision of the previous question is to leave the 
 main question under debate for the residue of 
 the sitting, unless sooner disposed of by taking 
 the question, or in some other manner. 
 
 66. In England the previous question is used 
 only for suppressing a main question; the 
 object of the mover is to obtain a decision of it 
 in the negative ; and the effect of such a decis- 
 ion, though in strictness only to suppress the 
 question for the day, is, practically and by 
 parliamentary usage, to dispose of the subject 
 altogether. In this country the previous ques- 
 tion is used chiefly for suppressing debate on a 
 main question ; the object of the mover is to 
 obtain a decision of it in the 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 suspend the taking of the 
 question for that day; either leaving the de- 
 bate 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 
 
64 PARLIAMENTARY PRACTICE. 
 
 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. Motion for Indefinite Postpone- 
 ment. — In order to suppress a question alto- 
 gether, without coming to a direct vote upon 
 it, in such a manner that it cannot be renewed, 
 the proper motion is for indefinite postpone- 
 ment ; that is, a postponement or adjournment 
 of the question, without fixing any date for re- 
 suming it. The effect of this motion, if decided 
 in the affirmative, is to quash the proposition 
 entirely ; as an indefinite adjournment is equiv- 
 alent to a dissolution, or the continuance of a 
 suit without day is a discontinuance of it. A 
 negative decision has no effect whatever. 
 
 67 a. When this Motion Cannot be 
 Made. — This motion cannot be made while 
 any motion except the main question, either 
 in its original or amended form, is pending. 
 As the merits of the main question are still 
 open for consideration on this motion, it is less 
 useful for closing debate than a motion " that 
 the question lie on the table." The motion to 
 indefinitely postpone cannot be amended. — [B.] 
 
OF MOTIONS TO POSTPONS. 65 
 
 CHAPTER VII. 
 Of Motions to Postpone. 
 
 68. Motions to Postpone and Lay't)n 
 Table. — 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 on the table. 
 
 69. Postponement to a Future Day. — 
 When the members individually want more in- 
 formation than they possess at the time a ques- 
 tion is moved, or desire further time for reflec- 
 tion and examination, the proper motion is to 
 postpone the subject to such future day as will 
 answer the views of the assembly. 
 
 70. Improper Use of Motion to Post- 
 pone. — This motion is sometimes used im- 
 properly, to get rid of a proposition altogether, 
 as would be done by an indefinite postpone- 
 ment. This is effected by fixing upon a day 
 which, according to the common course of 
 things, will not arrive until after the assembly 
 
 5 
 
66 PARLIAMENTARY PRACTICE. 
 
 has been brought to a close. But a motion 
 worded in this manner is precisely equivalent 
 to a motion for indefinite postponement, and 
 should be so considered and treated. 
 
 70 a. ^Vhen Motion to Postpone Can 
 be Made. — A motion to postpone to a certain 
 time can be made during the pendency of a 
 motion to amend, commit, or postpone indefi- 
 nitely. It is subject to amendment, and the 
 previous question may be applied to it without 
 affecting any other motion that may be pend- 
 ing. The time for postponing must not be be- 
 yond the life of that particular legislative body. 
 Debate on this motion must be limited to such 
 explanations as are needful for the members to 
 judge of the propriety of passing it. — [B.] 
 
 71. Motion to Lay Matter on Table. — 
 If the assembly has something else before it 
 which claims its present attention, and is there- 
 fore desirous to postpone a particular proposi- 
 tion 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 conveni- 
 ence of the assembly. 
 
OF MOTIONS TO COMMIT. 67 
 
 72. Other Uses of Motion to Lay on 
 Table. — 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. 
 
 CHAPTER VIII. 
 Of Motions to Commit. 
 
 73. Motion to Commit. — The third case 
 for the use of a subsidiary 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 considera- 
 tion is necessary than can conveniently be 
 given to it in the assembly itself, in order to 
 put it into a satisfactory form. The course of 
 proceeding then is to refer the subject to a 
 committee, which is called a commitment, or, 
 if the subject has already been in the hands of 
 a committee, a recommitment. 
 
 74. Reference of Motion to Standing 
 Committee. — If there is a standing commit- 
 
68 PARLIAMENTARY PRACTICE. 
 
 tee of the assembly whose functions embrace 
 the subject in question, the motion should be 
 to refer it to that committee ; if there is no 
 such committee, then the motion should be to 
 refer it to a select committee. If it is a matter 
 of doubt whether a particular standing com- 
 mittee is appropriate or not, and propositions 
 are made for a reference to that committee, 
 and also for a reference to a select committee, 
 the former proposition should be first put to the 
 question. 
 
 75. Motion May be Without Instruc- 
 tions. — When a subject is referred or recom- 
 mitted, the committee may be instructed or 
 ordered by the assembly as to any part or the 
 whole of the duties assigned them, or the sub- 
 ject may be left with them without instructions. 
 In the former case the instructions must be 
 cieyed, of course ; in the latter, the commit- 
 tee have full power over the matter, and may 
 report upon it in any manner they please, pro- 
 vided they keep within the recognized forms 
 of parliamentary proceedings. 
 
 76. Part May be Committed. — A part 
 only of a subject may be committed, without 
 the residue; or different parts may be com- 
 mitted to different committees. 
 
6f motions to amend. 6^ 
 
 77. Use of Motion to Commit with 
 Instructions. — A commitment with instruc- 
 tions is sometimes made use of as a convenient 
 mode of procuring information, and, at the 
 same time, of postponing the consideration of 
 a subject to a future though uncertain day. 
 
 CHAPTER IX. 
 Of Motions to Amend. 
 
 78. Motions to Amend. — The last case, 
 for the introduction of subsidiary motions, is 
 when the assembly 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 proposition 
 into the proper form and make its details satis- 
 factory by means of amendments, or of certain 
 proceedings of a similar character and having 
 the same general purpose in view. The latter 
 will be first considered. 
 
 Sect. I. Division of a Question. 
 
 79. Motion May be Divided. — When a 
 proposition or motion is complicated, that is. 
 
70 
 
 FARLIAMENTAR Y PSA CTICE. 
 
 composed of two or more parts, which are so 
 far independent of each other as to be suscep- 
 tible 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 com- 
 pendious 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 as- 
 sembly, on a motion regularly made and sec- 
 onded for the purpose. 
 
 80. Divided Motion Becomes a Series 
 of Questions. — When a motion is thus di- 
 vided it becomes a series of questions, to be con- 
 sidered and treated, each by itself, as an inde- 
 pendent proposition, in tKe order in which 
 they stand ; and when they have all been gone 
 through with and decided, the result will be 
 the same as if motions to amend by striking 
 out the several parts had been made and put to 
 the question. When a motion for a division 
 is made, the mover ought to specify in his mo- 
 tion the manner in which he proposes to make 
 the division ; and this motion, like ever other 
 of the nature of an amendment, is itself suscep- 
 tible of amendment. 
 
 81. Division of Question is Not a 
 
DIVISION OFAQ VESTION. 7 1 
 
 Member's Right. — 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 separately on each, 
 on his mere demand, and without any motion 
 or any vote of the assembly for that purpose. 
 But this is a mistake ; there is no such rule of 
 parliamentary proceeding ; a complicated ques- 
 tion can only be separated by moving amend- 
 ments to it in the usual manner, or by moving 
 for a division of it in the manner above stated. 
 
 82. Rule for Dividing. — It is not unusual, 
 however, for a deliberative assembly to have 
 a rule providing for the division of a compli- 
 cated 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, cf course, to the 
 revision of the assembly) to decide, when the 
 division of a motion is demanded, first, whether 
 the proposition is susceptible of division, and, 
 secondly, into how many and what parts it 
 may be divided. 
 
 83. What Proposition Can be Divided. 
 — A proposition, in order to be divisible, must 
 comprehend points so distinct and entire that, 
 
72 
 
 PARLIAMENTABY PRACTICE. 
 
 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 be- 
 longs, does not contain an entire point or 
 proposition. 
 
 Sect. II. Filling Blanks. 
 
 84. Blanks. — It often happens that a prop- 
 osition is introduced with blanks purposely left 
 by the mover to be filled by the assembly, 
 either with times and numbers, or with provi- 
 sions 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 words are made. In the former, 
 propositions to fill blanks are not considered as 
 amendments to the question, but as original 
 motions, to be made and decided before the 
 principal question. 
 
 85. Motions to Fill. — 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 
 
FILLING BLANKS. 73 
 
 question. This last mode of proceeding, 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 certainty 
 enable the assembly to come to an agreement. 
 
 86. Order of Filling. — In determining 
 upon the order to be adopted, the object is not 
 to begin at that extreme which, and more be- 
 ing 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 which will 
 be likely to unite the fewest, and then to ad- 
 vance or recede until a number or time is 
 reached which will unite a majority. 
 
 87. When Longest Time is First Put 
 In. — Hence, when several different proposi- 
 tions are made for filling blanks with a time or 
 number, the rule is that if the larger compre- 
 hends the /esser, as in a question to what day f^ 
 postponement shall take place, — the number 
 of which a committee shall consist, — the 
 amount of a fine to be imposed, — the term of 
 an imprisonment, — the term of irredeemability 
 of a loan, — or the terminus in quern in any other 
 case, the question must begin a maximo, and 
 
74 
 
 PASLIAMENTABY PRACTICE. 
 
 be first taken upon the greatest or farthest, and 
 so on to the least or nearest, until the assembly 
 comes to a vote ; but, if the lesser includes the 
 greater, as in questions on the limitation of the 
 rate of interest, — on the amount of a tax, — on 
 what day the session of a legislative assembly 
 shall be closed by adjournment, — on what day 
 the next session shall commence, — or the ter- 
 minus a quo in any other case, the question 
 must begin a minimo, and be first taken on the 
 least or nearest, and so on to the greatest or 
 most remote, until the assembly comes to a 
 vote.* 
 
 Sect. III. Addition, — Separation, — 
 Transposition. 
 
 88. Condensing. — When the matters con- 
 tained in two separate propositions might be 
 better put into one, the mode of proceeding is 
 to reject one of them, and then to incorporate 
 
 * In the Senate of the United States, the rule is, the 
 LARGEST sum and longest time shall be first put. In 
 the House of Commons, in England, the rule established 
 by usage is, that the SMALLEST sum and the longest 
 time shall be first put. 
 
NVMBEEINQ SECTIONS. 
 
 75 
 
 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 
 adopted, is to refer both propositions to a com- 
 mittee, with instructions to incorporate them 
 together in one. 
 
 89. Distributing. — So, on the other hand, 
 if the matter of one proposition would be more 
 properly distributed into two, any part of it 
 may be struck out by way of amendment, and 
 put into the form of a new and distinct propo- 
 sition. But in this, as in the former case, a 
 better mode would generally be to refer the 
 subject to a committee. 
 
 90. Transposition. — In like manner, if a 
 paragraph or section requires to be transposed, 
 a question must be put on striking it out where 
 it stands, amd another for inserting it in the 
 place desired. 
 
 gi. Numbering Sections, etc. — The 
 numbers prefixed to the several sections, para- 
 graphs or resolutions which constitute a prop- 
 osition are merely marginal indications, and 
 no part of the text of the proposition itself; 
 and, if necessary, they may be altered or regu- 
 lated by the clerk, witho'it any vote or order 
 of the assembly. 
 
76 PARLIAMENTASr PRACTICE. 
 
 Sect. IV. Modification of Amend- 
 ment by the Mover. 
 
 92. Amending Motion. — The mover of a 
 proposition is sometimes allowed to modify it, 
 after it has been stated as a question by the 
 presiding officer ; but, as this is equivalent to a 
 withdrawal of the motion, in order to substitute 
 another in its place, and since, as has already 
 been seen, a motion regularly made, seconded, 
 and proposed, cannot be withdrawn without 
 leave, it is clear that the practice alluded to 
 rests only upon general consent ; and that, if 
 objected to, the mover of a proposition must 
 obtain the permission of the assembly, by a 
 motion and question, for the purpose, in order 
 to enable him to modify his proposition. 
 
 93. Acceptance of Amendment. — So, 
 too, when an amendment has been regularly 
 moved and seconded, it is sometimes the prac- 
 tice for the mover of the proposition to which 
 it relates to signify his consent to it, and for 
 the ameiidment to be thereupon made, with- 
 out 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 
 
RULES RELATINO To AMENDKENTS. -J J 
 
 the same foundation, and is subject to the same 
 rule. 
 
 Sect. V. General Rules Relating to 
 Amendments. 
 
 94. Different Forms of Amendments. 
 
 — All amendments,- of which a proposition is 
 susceptible, so far as form is concerned, may 
 be effected in one of three ways, namely : either 
 by inserting or adding certain words j or by 
 striking out certain words ; or by striking out 
 certain words and inserting or adding others. 
 These several forms of amendment are subject 
 to certain general rules, which, being equally 
 applicable to them all, require to be stated 
 beforehand. 
 
 95. Numerical Sequence. — First Rule. 
 When a proposition consists of several sections, 
 paragraphs, or resolutions, the natural order of 
 considering and amending it is to begin at the 
 beginning, and to proceed through it in course 
 by paragraphs ; and when a latter part has 
 been amended, it is not in order to recur back 
 and make any alteration or amendment of a 
 former part. 
 
 96. Limitation of Amendment. — Second 
 Rule. Every amendment which can be pro- 
 
78 PARLIAMENTARY PRACTICE. 
 
 posed, whether by striking oiit, or inserting, 
 or striking out and inserting, is itself suscepti- 
 ble of amendment ; but there can be no amend- 
 ment of an amendment to an amendment; 
 this would be such a piling of questions one 
 upon another as would lead to great embarrass- 
 ment ; and as the line must be drawn some- 
 where, 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. Rule Explained. — Thus, if a propo- 
 sition consists of A B, and it is proposed to 
 amend by inserting C D, it may be moved to 
 amend the amendment by inserting E F ; but 
 it cannot be moved to amend this amendment, 
 as, for example, by inserting G. The only . 
 
It VIES RELATING TO AMENDMENTS. 
 
 79 
 
 mode by which this can be reached is to reject 
 the amendment in the form in which it is pre- 
 sented, namely, to insert E F, and to move it 
 in the form in which it is desired to be 
 amended, namely, to insert E G F. 
 
 98. Agreement of Assembly Cannot be 
 Amended. — Third Rule. Whatever is agreed 
 to by the assembly, on a vote, either adopting 
 or rejecting a proposed amendment, cannot be 
 afterwards altered or amended. 
 
 gg. Rule Explained. — Thus, if a proposi- 
 tion consists of A B, and it is moved to insert 
 C ; if the amendment prevail, C cannot be af- 
 terwards amended, because it has been agreed 
 to in that form ; and so, if it is moved to strike 
 outB, 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. disagreement Cannot be Moved 
 Again. — Fourth Rule. Whatever is disagreed 
 to by the assembly, on a vote, cannot be after- 
 wards moved again. This rule is the converse 
 of the preceding, and may be illustrated in the 
 same manner. 
 
 loi. Rule Explained. — Thus, if it is 
 moved to amend A B by inserting C, and the 
 
So TABtlAHENTAR Y PEA CTICR 
 
 amendment is rejected, C cannot be moved 
 again ; or, if it is moved to amend A B by 
 striking out B, and the amendment prevails, B 
 cannot be restored, because in the first case 
 C, and in the other B, have been disagreed to 
 by a vote. 
 
 102. Inconsistency. — Fi/fA Rule. The 
 inconsistency or incompatibility of a proposed 
 amendment with one which has already been 
 adopted is a fit ground for its rejection by the 
 assembly, but not for the suppression of it by 
 the presiding officer as against order; for, if 
 questions of this nature were allowed to be 
 brought within the jurisdiction of the presid- 
 ing officer as matters of order, he might usurp 
 a negative on important modifications, and 
 suppress or embarrass instead of subserving the 
 will of the assembly. 
 
 Sect. VI. Amendments by Striking Out. 
 
 103. Striking Out Amendments. — If an 
 amendment is proposed by striking out a par- 
 ticular paragraph or certain words, and the 
 amendment is rejected, it cannot be again 
 moved to strike out the same words or a part 
 of themj but it may be moved to strike out 
 the same words with others, or to strike out a 
 
AinSNDMENTS B Y STBIKINO OVT. 8 1 
 
 part of the same words with others, provided 
 the coherence to be struck out be so substantial 
 as to make these, in fact, different propositions 
 from the former. 
 
 104. Rule Explained. — Thus, if a propo- 
 sition 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. Agreement to Strike Out. — If an 
 amendment by striking out is agreed to, it can- 
 not be afterwards moved to insert the same 
 words struck out, or a part of them ; but it may 
 be moved to insert the same words with others, 
 or a part of the same words with others, pro- 
 vided the coherence to be inserted make these 
 propositions substantially different from the first. 
 
 106. Rule Explained. — ^Thus, if the prop- 
 osition A B C D is amended by striking out B 
 C, it cannot be moved to insert B C again; 
 but it may be moved to insert B C with other 
 words, or B with others, or C with others. 
 
 107. How Motion to Strike Out May 
 be Amended. — 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 
 
 6 
 
8 2 PAZLIAMENTAE Y PEACTICB- 
 
 a part only of the paragraph, or by inserting or 
 adding words, or by striking out and inserting. 
 
 io8. Rule Explained. — Thus, if it is 
 moved to amend the proposition A B C D by 
 striking out B C, it may be moved to amend 
 this amendment by striking out B only, or C 
 only, or by inserting E, or by striking out B or 
 C and inserting E. 
 
 109. When Motion to Retain Amended 
 Paragraph Must be Made if Motion to 
 Strike Out is Pending. — In the case of a 
 proposed amendment by striking out, the effect 
 of voting upon it, whether it be decided in the 
 affirmative 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 amendment is 
 necessary, before the vote is taken on striking ' 
 out ; as, if struck out, it cannot be restored, and 
 if retained it cannot be amended. 
 
 no. Precedence of Motions to Amend. 
 — ^As an amendment must necessarily be put to 
 the question before the principal motion, so 
 the question must be put on an amendment to 
 an amendment before it is put on the amend- 
 ment ; but, as this is the extreme limit to which 
 motions may be put upon one another, there 
 
AUMKDMENTS B Y STEIKINO OUT. 83 
 
 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. 
 III. Form of Motions to Strike Out. — 
 When a motion for striking out words is put 
 to the question, the parliamentary form always 
 is, whether the words shall stand as part of the 
 principal motion, and not whether they shall 
 he struck out. The reason for this form of stat- 
 ing the question probably is that the question 
 may be taken in the same manner on a part as 
 on the whole of the principal motion, which 
 would not be the case if the question was stated 
 on striking out ; inasmuch as the question on the 
 principal motion, when it comes to be stated, 
 will be on agreeing to it, and not on striking out 
 or rejecting it. Besides, as an equal division of 
 the assemby would produce a different decision 
 of the question, 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 affirma- 
 tively and negatively by the same vote.* 
 
 • The common mode of stating the question in the leg- 
 islative assemblies of this country is on " striking out." 
 
84 PASLIAMENTAB Y PBA CTICE. 
 
 112. Mode of Stating Motion to Strike 
 Out. — On a motion to amend by striking out 
 certain words, the manner of stating the ques- 
 tion is, first to read the passage proposed to be 
 amended as it stands ; then the words 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. Insertion of Rejected Amend- 
 ment. — If an amendment is proposed by in- 
 serting or adding a paragraph or words, and 
 the amendment is rejected, it cannot be moved 
 again to insert the same words or a part of 
 them ; but it may be moved to insert the same 
 words with others, or a part of the same words 
 with others, provided the coherence really 
 make them different propositions. 
 
 114. Rule Explained.— Thus, if it is 
 moved to amend the proposition A B by in- 
 serting C D, and the amendment is rejected, 
 C D cannot be again moved ; but it may be 
 moved to insert C E, or D E, or C D E. 
 
 115. Agreeing to Motion to Insert,— 
 If it is proposed to amend by inserting a para- 
 graph, and the amendment prevails, it cannot 
 be afterwards moved to strike out the same 
 
AMENDMENTS BY INSESriNQ. 85 
 
 words or a part of them ; but it may be moved 
 to stfike out the same words with others,* or a 
 part of the same words with others, provided 
 the coherence be such as to make these propo- 
 sitions really different from the first. 
 
 116. Rule Explained. — Thus, if, in the ex- 
 ample above supposed, the amendment prevails 
 and C D is inserted, it cannot be afterwards 
 moved to strike out C D, but it may be moved 
 to strike out A C or A C D, or D B or C D 
 B. 
 
 117. Different Motions to Insert. — 
 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 in- 
 serting something into it, or by striking out and 
 inserting. 
 
 118. Rule Explained. — Thus, if it is pro- 
 posed 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. Amending Motion to Insert. — 
 When it is proposed to amend by inserting a 
 
 * This is the common case of striking out a paragraph 
 after having amended it by inserting words. 
 
86 BABLIAMENTABY PBACTICE. 
 
 paragraph, those who are in favor of the amend- 
 ment should amend it, if necessary, before the 
 question is taken ; because, if it is rejected, it 
 cannot be moved again, and if received it can- 
 not be amended. 
 
 120. No Priority in Amendments. — 
 There is no precedence of one over another in 
 amendments to amendments by inserting, any 
 more than in amendments to amendments by 
 striking out. 
 
 121. Mode of Stating Question. — On a 
 motion to amend by inserting a paragraph, the 
 manner of stating the question is, first, to read 
 the passage to be amended, as it stands ; then 
 the words proposed to be inserted ; and, lastly, 
 the whole passage as it will stand if the amend- 
 ment prevails. 
 
 Sect. VIII. Amendments by Striking 
 Out and Inserting. 
 
 122. Motion to Strike Out and Insert. 
 
 — The third form of amending a proposition, 
 namely, by striking out certain words and in- 
 serting others in their place, is, in fact, a com- 
 bination of the other two forms, and may ac- 
 cordingly be divided into those two forms, 
 either by a vote of the assembly or on the de- 
 
AliENDMENTS-STRIEINQ OUT AND INSERTING. 87 
 
 mand of a member, under a special rule to that 
 effect. 
 
 123. Proceedings 'When Motion is Di- 
 vided. — If the motion is divided, the question 
 is first to be taken on striking out ; and if that 
 is decided in the affirmative, then on inserting; 
 but if the former is decided in the negative, the 
 latter falls, of course. On a division the pro- 
 ceedings are the same in reference to each 
 branch of the question, beginning with the 
 striking out, as if each branch had been moved 
 by itself. 
 
 124. Proceedings When Motion to 
 Strike Out and Insert is Not Divided. — 
 If the motion to strike out and insert is put to 
 the question undivided, and is decided in the 
 negative, the same motion cannot be made 
 again ; but it may be moved to strike out the 
 same words, and, i, 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 with- 
 out striking out anything. 
 
8g FABLIAMENTAEY PRACTICE. 
 
 125. Effect of Affirmative Decision 
 of Motion to Strike Out and Insert.— 
 If the motion to strike out and insert is decided 
 in the affirmative, it cannot be then moved 
 to insert the words struck out, or a part of 
 them, or to strike out the words inserted, or 
 a part of them ; but it may be moved, i, to 
 insert the same words with others ; 2, to in- 
 sert 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. How Motion to Amend by Strik- 
 ing Out and Inserting May be Amended. 
 — When it is proposed to amend by striking out 
 and inserting, this amendment may be amended 
 in three different ways in the paragraph pro- 
 posed to be struck out, and also in the para- 
 graph proposed to be inserted, namely, by 
 striking 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 already stated, namely, 
 that if decided in the affirmative, the part struck 
 out cannot be restored, nor can the part in- 
 serted be amended ; and if decided in the nega- 
 tive, the part proposed to be struck out cannot 
 
CBANGINO NATURE OF QUESTION. go 
 
 be amended, nor can the paragraph proposed 
 to be inserted be moved again. 
 
 127. Mode of Stating Motion to Amend 
 by Striking Out and Inserting. — On a mo- 
 tion to amend by striking out certain words 
 and inserting others, the manner of stating the 
 question is first to read the whole passage to be 
 amended, as it stands ; then the words proposed 
 to be struck out ; and, lastly, the whole passage 
 as it will stand when amended. 
 
 Sect. IX. Amendments Changing fn^ 
 Nature of a Question. 
 
 128. 'Who May Make Motion to 
 Amend. — The term "amendment" is in 
 strictness applicable only to those changes of 
 a proposition by which it is improved, that is, 
 rendered more effectual for the 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 as- 
 sembly [_Far. 56, 92, F.'\, and cannot be with- 
 drawn but by its leave ; it has then become the 
 
90 
 
 PARLIAMENTARY PRACTICE. 
 
 basis of the future proceedings of the assembly, 
 and may be put into any shape and turned 
 to any purpose that the assembly may think 
 proper. 
 
 129. How Far an Amendment May 
 Go. — It is consequently allowable to amend a 
 proposition in such a manner as entirely to 
 alter its nature, and to make it bear a sense 
 diiferent 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, Rule Explained. — This mode of pro- 
 ceeding is sometimes adopted for the purpose 
 of defeating a proposition by compelling its 
 original friends to unite with th'ose who are op- 
 posed to it in voting for its rejection. Thus, 
 in the British House of Commons, January 29, 
 1765, a resolution being moved, " That a gen- 
 eral warrant for apprehending 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 prefix- 
 ing 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, 
 
CHANOINQ NA TVRE OF QUESTION: 91 
 
 what ought to be deemed the law in respect of 
 general warrants ; 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 depend- 
 ing before the courts of law, for this House to 
 declare" — fhat a general warrant for appre- 
 hending the authors, printers, or publishers of a 
 libel, together with their papers, is not warranted 
 by law, and is an high violation of the liberty of 
 the subject. The amendment wsis adopted after 
 a long debate, and then the resolution as 
 amended was immediately rejected without a 
 division. 
 
 131. Effect of Amendment. — But some- 
 times the nature of a proposition is changed by 
 means of amendments, with a view to its 
 adoption 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 pro- 
 ceeding. In the House of Commons, April 
 10, 1744, a resolution was moved, declaring 
 "That the issuing and paying to the Duke of 
 Aremberg the sum of forty thousand pounds, 
 sterling, to put the Austrian troops in motion 
 in 1742, was a dangerous misapplication of 
 public money, and destructive of the rights of 
 
92 PARLLAMENTASY PBACTICK 
 
 parliament." The object of this resolution 
 was to censure the conduct of the ministers ; 
 and the friends of the ministry, being in a ma- 
 jority, might have voted directly upon the 
 motion and rejected it. But they preferred to 
 turn it into a resolution approving of the con- 
 duct of ministers on the occasion referred to ; 
 and it was accordingly moved to amend by leav- 
 ing out the words " a dangerous misapplica- 
 tion," etc., to the end of the motion, and in- 
 serting instead thereof the words " necessary 
 for putting the said troops in motion, and of 
 great consequence to the common cause." The 
 amendment being adopted, it was resolved (re- 
 versing 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 consequence to the com- 
 mon cause." 
 
 132. Amendment a Mode of Defeating 
 Proposition. — It is a mode of defeating a 
 proposition somewhat similar to that above 
 mentioned to carry out or extend the principle 
 of it, by means of amendments, so as to show 
 the inconvenience, absurdity or danger of its 
 
CHANGINQ NATURE OF QUESTION. Q3 
 
 adoption, with such evident clearness that it 
 becomes impossible for the assembly to agree 
 to it. Thus, a motion having been made in 
 the House of Commons " for copies of all the 
 letters written by the lords of the admiralty to 
 a certain officer in the navy," it was moved to 
 amend the motion by adding these words : — 
 " which letters may contain orders, or be rela- 
 tive to orders not executed and still subsist- 
 ing." This amendment being adopted, the 
 motion as amended was unanimously rejected. 
 133. What Matters May be Added by 
 Amendment. — It will be seen, from the fore- 
 going examples, that as the mover of a propo- 
 sition is under no restriction as to embracing 
 incongruous matters under the same motion, 
 so, on the other hand, the assembly may en- 
 graft upon a motion, by way of amendment, 
 matter which is not only incongruous with but 
 entirely opposed to the motion as originally 
 introduced ; and in legislative assemblies it is 
 not unusual to amend a bill by striking out all 
 after the enacting clause and inserting an en- 
 tirely new bill, or to amend a resolution by 
 striking out all after the words " Resolved 
 that ' ' and inserting a proposition of a wholly 
 different tenor. 
 
94 
 
 PARLIA.UENTARY PRAmiOE. 
 
 CHAPTER X. 
 
 Of the Order and Succession of Ques- 
 tions. 
 
 134. Questions that Can be Taken Up 
 Before Main Question. — 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 
 eitherj^/frj/", a privileged question ; secondly, a 
 subsidiary question ; or, thirdly, an incidental 
 question or motion. 
 
 135. They Take Place of Main Ques- 
 tion. — 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, t3,ke the place of 
 all the others. Some of these questions 
 merely supersede the principal question until 
 they have been decided ; and, when decided, 
 
PRIVILEGED QUESTIOtrS. g^ 
 
 whether affirmatively or negatively, leave that 
 question as before. Others of them also super- 
 sede the principal question until they are de- 
 cided, 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. Privileged Questions. — 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 enti- 
 tled to take the place of any other subject or 
 proposition which may then be under considera- 
 tion, and to be first acted upon and decided by 
 the assembly. These are called privileged ques- 
 tions, because they are entitled to precedence 
 over other questions, though they are of differ- 
 ent degrees among themselves. Questions of 
 this nature are of three kinds, namely : ^rsf, 
 motions to adjourn ; secondly, motions or ques- 
 tions relating to the rights and privileges of 
 the assembly, or of its members individually ; 
 and, thirdly, motions for the orders of the day. 
 
96 PARLIAUENTAR Y PRACTICE. 
 
 Adjournment. 
 
 137. Motion to Adjourn. — A motion to 
 adjourn takes the place of all other questions 
 whatsoever, for otherwise the assembly might 
 be kept sitting against its will and for an in- 
 definite time ; but in order to entitle this mo- 
 tion to precedence, it must be simply to "ad- 
 journ," without the addition of any particular 
 day or time. And as the object of this motion, 
 when made in the midst of some other proceed- 
 ing, and with a view to supersede a question al- 
 ready 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 man- 
 ner ; though, if a motion to adjourn is made 
 when no other business is before the assembly, 
 it may be amended like other questions. 
 
 137 a. When a Motion to Adjourn is 
 Not in Order. — The common saying that a 
 motion to adjourn is always in order is not 
 quite true. Such a motion may be made un- 
 less the assembly has just decided against it, or 
 has already fixed the time for the presiding 
 officer to declare an adjournment, or is consid- 
 ering the time or place of the next meeting, or 
 is engaged in voting, or a member is speaking. 
 When made frequently, after the assembly has 
 
ADJO URNMENT. gj 
 
 repeatedly refused to adjourn, and for the pur- 
 pose of hindering business, the presiding officer 
 is justified in treating it as frivolous and out of 
 order.— [B.] 
 
 137 b. Motion to Adjourn is Not De- 
 batable. — If the motion is simply to adjourn, 
 it is not debatable, nor subject to any sub- 
 sidiary motion. But if another element is added 
 to the motion, — for example, that the meeting 
 adjourn to a specified time, or sine die, — it would 
 be susceptible of division, and in that case would 
 be debatable.— [B.] 
 
 138. How Motion to Adjourn Should 
 be Put. — 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. 
 
 138 a. How Presiding Officer Should 
 State Vote. — When the question has been 
 voted, the presiding officer should first say, 
 "The ayes," or "the noes," as the case may 
 be, " seem to have it,' ' unless the entire vote 
 is one way ; otherwise, if he should declare 
 the assembly adjourned when the members 
 
 7 
 
gS PARLIAMENTASY PRACTICE. 
 
 doubted that such action had been taken, there 
 would be no corrective. Having made the 
 above-mentioned declaration, he should an- 
 nounce his decision, if no division or other test 
 of the action of the members is demanded. 
 
 138 b. Effect of Chairman's Conduct 
 in Declining to Put Motion.— An article 
 of association provided that "the chairman 
 may, with the consent of the members present 
 at any meeting, adjourn the same. At a meet- 
 ing a motion for adjournment was made and 
 seconded, but the chairman declined to put the 
 motion, and in considering the propriety of 
 his conduct the court declared that the chair- 
 man was not bound to adjourn the meeting 
 even though a majority of those present de- 
 sired an adjournment. It was contended that 
 there was an inherent power in any meeting 
 to determine on an adjournment if it pleased, 
 and that it was the duty of the chairman to 
 put any motion for that purpose made and 
 seconded. But this power, so the court 
 maintained, was not possessed in those cases 
 in which articles have expressly prescribed 
 the conditions under which an adjournment 
 may take place. In the above case the court 
 remarked that the article vested in the chair- 
 
Q UESTIONS OF PBIVILEQE. gg 
 
 man large powers which might conceivably be 
 used improperly by him; but, on the other 
 hand, if there were no check upon the power 
 of those present at a meeting to adjourn it to a 
 future date, it was equally conceivable that a 
 small minority of the shareholders might seri- 
 ously prejudice the interests of the company 
 and defy the wishes of the majority of its 
 members.* 
 
 139. Effect of Adjournment Without 
 Day. — An adjournment without day, that is, 
 without any time being fixed for reassembling, 
 would, in the case of any other than a legisla- 
 tive assembly, be equivalent to a dissolution. 
 
 140. Effect of Adjournment on Pend- 
 ing Question. — When a question is inter- 
 rupted by an adjournment before any vote or 
 question has been taken upon it, it is thereby 
 removed from before the assembly, and will not 
 stand before it, as a matter of course, at its next 
 meeting, but must be brought forward in the 
 usual way. 
 
 Questions of Privilege. 
 
 141. What These Are. — The questions 
 next in relative importance, and which super- 
 
 * Law Rep. App. Cases, 1897, 268. 
 
IpO PASLTAMENTABY PRACTICE. 
 
 sede all others for the time being except that 
 of adjournment, are those which concern the 
 rights and privileges of the assembly, or of its 
 individual members ; as, for example, when the 
 proceedings of the assembly are disturbed or in- 
 terrupted, whether by strangers or members ; oi 
 where a quarrel 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 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. 
 
 Orders of the Day. 
 
 142. What These Are. — When the con- 
 sideration 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. Their Precedence. — 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 
 
OSDEES OF TBE DAY. IQI 
 
 order being a repeal, as to this special cm^, of 
 the general rule as to business. If, therefore, 
 any other proposition (with the exception of 
 the two preceding) is moved or arises on the 
 day assigned for the consideration of a particu- 
 lar 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. A Motion to Proceed to Orders 
 of the Day Must be General. — 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. ^A^hen Motion to Proceed to Order 
 of the Day is Privileged. — If the considera- 
 tion of a subject is assigned for a particular 
 hour on the day named, a motion to proceed 
 
1 02 PASLIAMENTAE Y PEA CTICE. 
 
 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. Priority of Orders. — 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 orders are 
 taken up at that time or afterwards, that par- 
 ticular subject must be considered as the first 
 in order. 
 
 147. How Pending Question is Af- 
 fected by Orders. — 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 re- 
 newed in the usual way. 
 
 148. Effect of Negative Decision on 
 Motion to Proceed With Orders. — 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 
 
Q VESTIONS OF ORDER. 1 03 
 
 subject then before it, and entitles that subject 
 ♦o be first disposed of. 
 
 149. Effect of Failure to Dispose of 
 Orders. — 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 Massa- 
 chusetts, that the orders for a particular day 
 shall hold for every succeeding day until dis- 
 posed of. 
 
 Sect. II. Incidental Questions. 
 
 150. Definition of. — Incidental questions 
 are such as arise out of other questions, and 
 are consequently to be decided before the ques- 
 tions 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. 
 
 Questions of Order. 
 
 151. Enforcement of Questions of 
 Order. — 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 
 
I04 PARLIAMENTARY PRACTICE. 
 
 in all its proceedings, and this without ques- 
 tion, debate or delay, in all cases in which the 
 breach of order or the departure from rule is 
 manifest. It is also the right of every member 
 taking notice of the breach of a rule to insist 
 upon the enforcement of it in the same manner. 
 
 152. Fact of Breach Must First be 
 Determined. — 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. Supersedes the Subject Out of 
 Which it Arises. — 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. 
 
BEADINO PAPERS. I O 5 
 
 154. How Question of Order is Raised. 
 
 —When a question of order is raised, as it may- 
 be by any one member, it is not stated from 
 the chair and decided by the assembly, like 
 other questions, but is decided, in the first in- 
 stance, by the presiding oiEcer, without any 
 previous debate or discussion by the assembly. 
 If the decision of the presiding oiEcer 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. 
 
 Reading Papers. 
 
 155. Reading 'Without Leave. — ^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. 
 
»06 PARLIAMENTARY PBACTICE. 
 
 when the reading of any paper relative to a 
 question before the assembly is called for under 
 this rule, no question need be made as to the 
 reading ; the paper is read by the clerk under 
 the direction of the presiding ofHcer, as a mat- 
 ter of course. 
 
 156. Reading With Leave, — 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 interrup- 
 tion 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 in- 
 formation as possible on the subjects in refer- 
 ence to which he is about to vote. 
 
 157. How Leave is Obtained. — 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 
 
READING PAPERS. I07 
 
 a debate, or otherwise ; or even to read his 
 own speech, which he has prepared beforehand 
 and committed to writing ; in all these cases, 
 if any objection is made, he must obtain leave 
 of the assembly for the reading by a motion 
 and vote for the purpose. 
 
 158. Leave Rarely Refused. — 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 ob- 
 jection 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. Member's Right to Insist on 
 Reading. — 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 ad- 
 mitted. It would be impossible, with the 
 amount of business done by legislative bodies 
 of the present day, to devote much of their time 
 to the reading of papers. 
 
 160. Priority of Motion to Read a 
 Paper. — When in the course of a debate or 
 
1 08 PARLIAMENTAR Y PRACTICE. 
 
 Other proceeding the reading of a paper is called 
 for, and a question is made upon it, this ques- 
 tion is incidental to the former, and must be 
 first decided. 
 
 Withdrawal of a Motion. 
 
 161. When Motion Cannot be W^ith- 
 drawn. — 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 dis- 
 posed 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 ob- 
 jection is made, by a motion and question in 
 the usual mode of proceeding. 
 
 162. Effect of Decision. — 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. 
 
 Suspension of a Rule. 
 
 163. V/hen a Rule is Suspended. — 
 
 When any contemplated motion or proceeding 
 
AMENDMENT OF AMENDMENTS. 
 
 109 
 
 is rendered impracticable by reason of the ex- 
 istence of some special rule by which it is pro- 
 hibited, it has become an established practice 
 in this country 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 consid- 
 eration, a motion to suspend the rule super- 
 sedes the original question for the time being, 
 and is first to be decided. 
 
 164. Rules Providing for Suspension. 
 — It is usual, in the code of rules adopted by 
 deliberative assemblies, and especially legisla- 
 tive 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. 
 
 Amendment of Amendments. 
 
 165. Which Must be Put First.— In 
 treating of amendments, it has already been 
 seen that it is allowable to amend a proposed 
 
no PARLIAMENTARY PRACTICE. 
 
 amendment, and that the question on such sub- 
 amendment must necessarily be put and decided 
 before putting the question on the amendment. 
 The former is incidental to the latter, and super- 
 sedes it for the time being. 
 
 Sect. III. Subsidiary Questions. 
 
 i66. What Are. — Subsidiary, or second- 
 ary, 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 appro- 
 priate manner. These motions have the effect 
 to supersede, and in some cases, when de- 
 cided one way, to dispose of the principal 
 question. They are also of different degrees 
 among themselves, and, according to their sev- 
 eral natures, supersede, and sometimes dispose 
 of, one another. 
 
 167. Names of. — The subsidiary motions 
 in common use are the following, namely ; lie 
 on the table, — the previous question, — post- 
 ponement, either indefinite or to a day certain, 
 — commitment, — and amendment. 
 
 168. Are Applied Only to the Main 
 Question. — It is a general rule, with certain 
 exceptions which will be immediately men- 
 
SUBSIDTARY QUESTIONS. HI 
 
 tioned, that subsidiary motions cannot be ap- 
 plied to one another ; as, for example, suppose 
 a motion to postpone, commit or amend a 
 principal question, it cannot be moved to sup- 
 press the motion to postpone, etc., by putting 
 a previous question on it ; or, suppose the pre- 
 vious 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 : i. 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 embarrass- 
 ment, is hot 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. 
 
 i6g. Exceptions. — The exceptions to the 
 rule above stated are, that motions to postpone 
 (either to a day certain or indefinitely), to com- 
 mit, or to amend a principal question, may be 
 amended, for the reason that the useful char- 
 acter of amendment gives it a privilege of at- 
 taching itself to a secondary and privileged 
 motion ; that is, a subsidiary motion to carry 
 out and improve another may be applied to that 
 
112 PARLIAMENTARY PRACTICE. 
 
 Other, but a subsidiary motion to dispose of or 
 suppress another is not admissible. Hence the 
 subsidiary motions above mentioned may be 
 amended. 
 
 170. Previous Question Cannot be 
 Amended. — A previous question, however, 
 cannot be amended, the nature of it not ad- 
 mitting 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 
 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. 
 
 Lie on the Table, 
 
 171. 'When Made. — 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 super- 
 sedes all the other subsidiary motions. 
 
LIE ON TEE TABLE. I I 3 
 
 171 a. When Made it Becomes the 
 Only Question. — As soon as the motion is 
 made it becomes the only question und.er con- 
 sideration, all debate on whatever motion was 
 before the body ceases, and the question must 
 be immediately decided, for the motion is not 
 debatable.— [B.] 
 
 172. Effect of Affirmative Decision. — 
 If decided in the affirmative, the principal mo- 
 tion, together with all the other motions, sub- 
 sidiary and incidental, connected with it, is re- 
 moved 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. Effect of Negative Decision. — If 
 decided in the negative, the business proceeds 
 in the same manner as if the motion had never 
 been made. 
 
 173 a. Motion to Table the Main Ques- 
 tion Subject to Call. — A motion may be 
 made to table the main question subject to 
 call. Like the other motion to table, this is 
 not debatable, but the effect is very different, 
 for the motion tabled may be taken up for 
 consideration, when the way is open, on the 
 mere call of a member, and no motion is re- 
 quired for that purpose. — [B.] 
 S 
 
I 1 4 PARLIAMSNTAB Y PRACTICE. 
 
 Previous Question. 
 
 174. Relative Standing of Previous 
 Question. — This motion has already been de- 
 scribed, 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. Effect of Previous Question. — If 
 the previous question is moved before the 
 others above mentioned, and put to the ques- 
 tion, it has the effect to prevent those motions 
 from being made at all ; for if decided affirma- 
 tively, 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 ques- 
 tion shall not now be put, this takes the main 
 question out of the possession of the assembly 
 for tlie day, so that there is then nothing before 
 it to postpone, commit or amend. 
 
 Postponement. 
 175. Amendment of Motion. — The mo- 
 tion to postpone is either indefinite or to a day 
 
POSTPONEMENT. 
 
 "5 
 
 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, proposi- 
 tions to substitute different days for that origi- 
 nally named bear more resemblance to propo- 
 sitions for filling blanks than they do to 
 amendments, and should be considered and 
 treated accordingly. 
 
 177. Amendment May be to a Certain 
 Day. — If, therefore, a motion is made for an 
 indefinite postponement, it may be moved to 
 amend the motion by making it to a day cer- 
 tain. 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. 
 
 178. Motion to Postpone to Certain 
 Day May be Amended. — If a motion is 
 made for a postponement to a day certain, it 
 may be amended by the substitution of a dif- 
 ferent day ; but in this case a more simple and 
 effectual mode of proceeding is to consider the 
 day as a blank, to be filled in the usual man- 
 ner, beginning with the longest time. 
 
 179. Rank of Motion. — This motion 
 stands in the same degree with motions for the 
 
1 16 PARLIAMENTARY PRACTICE. 
 
 previous question, — to commit, and to amend ; 
 and, if first made, is not susceptible of being 
 superseded by them. 
 
 i8o. Effect of Decision of Motion. — 
 If a motion for postponement is decided af- 
 firmatively, the proposition to which it is ap- 
 plied 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 nega- 
 tively, that the proposition shall not be post- 
 poned, that question may then be suppressed 
 by the previous question, or committed or 
 
 amended. 
 
 Commitment. 
 
 i8i. How it May be Amended. — A mo- 
 tion to commit, or recommit (which is the term 
 used when the proposition has already been 
 once committed), may be amended by the sub- 
 stitution of one kind of committee for another, 
 or by enlarging or diminishing the number of 
 the members of the committee as originally 
 proposed, or by instructions to the committee. 
 
 i8i a. Origin of. — A motion to commit is 
 often the result of debate in which it appears 
 that the bill under consideration is defective in 
 form or substance, and a committal is desired 
 
AMENDMENT. 
 
 117 
 
 for the purpose of removing objections and 
 making improvements. Such a motion is debat- 
 able, and involves the merits of the bill itself. 
 -[B.] 
 
 182. Rank of Motion. — This motion 
 stands in the same degree with the previous 
 question and postponement ; and, if first made, 
 is not superseded by them, but it takes pre- 
 cedence of a motion to amend. 
 
 183. Effect of Decision of Motion. — 
 If decided affirmatively, the proposition is re- 
 moved from before the assembly ; and conse- 
 quently there is no ground for the previous 
 question, or for the postponement, or amend- 
 ment; if negatively, 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. Rank of Motion. — 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 post- 
 ponement, and neither, if first moved, is super- 
 seded by the other. 
 
 185. May be Superseded. — But this mo- 
 
1 1 8 PARLIAMENTAB Y PRACTICE. 
 
 tion is liable to be superseded by a motion to 
 postpone to a day 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 ques- 
 tion 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. 
 
 i86. Maybe Superseded by Motion to 
 Commit. — 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 be- 
 friends the motion to amend." 
 
 187. Effect of Decision. — The effect of 
 both a negative and an affirmative decision of 
 amendments has already been considered. 
 
OF THE ORDER OF PSOCEEDINQ. Hg 
 
 CHAPTER XI. 
 Of the Order of Proceeding. 
 
 i88. When the Presiding Officer has 
 Discretion. — When several subjects are before 
 the assembly, that is, on their table for con- 
 sideration (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 left to his own discretion, unless the 
 assembly on a question decide to take up a par- 
 ticular subject. 
 
 189. Fixed Order is Desirable. — A set- 
 tled order of business, however, where the pro- 
 ceedings of an assembly are likely to last a con- 
 siderable 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 desir- 
 able for directing the discretion of the as- 
 
I20 PARLIAMENTARY PRACTICE. 
 
 sembly 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. How Order May be Established. 
 — 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. Natural Order. — 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 amend- 
 ment 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 ob- 
 served 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. Exception to Natural Order. — To 
 this natural order of beginning at the beginning 
 there is one exception, according to parliamen- 
 
OF THE ORDER OF PROCEEDING. 121 
 
 tary usage, where a resolution or series of reso- 
 lutions 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. Consideration of a Several Para- 
 graph Proposition. — In considering a prop- 
 osition 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 para- 
 graphs, 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 presid- 
 ing pfficer.puts the final question on agreeing 
 to or adopting the whole paper as amended or 
 unamended. 
 
 194. Order of Committee Reports. — 
 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 amend- 
 rnent is admitted, with the exception of an 
 
122 PASLIAMENTAR T PBA CTICE. 
 
 amendment to an amendment. When the 
 amendments reported by the committee have 
 been thus 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, Statement of Final Question. — 
 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 conclu- 
 sion of the report may be, as amended, or 
 without amendment, and the resolution or or- 
 der 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. How Amended Report is to be 
 Treated. — 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 numerous and compara- 
 tively unimportant), the new draft is to be con- 
 
OF TBE OBDEB OF PROCEEDINO. 
 
 123 
 
 sidered as an amendment, and is to be first 
 amended, if necessary, and then put to the 
 question as an amendment reported by the com- 
 mittee ; 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. Several Questions Pending at the 
 Same Time. — 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 de- 
 bate, which gives occs&\oi\, fifth, to a question 
 of privilege, and this leads, sixth, to a sub- 
 sidiary motion, as to lie on the table. The 
 regular course of proceeding requires the 
 motion to lie on the table to be first put ; if 
 this is negatived, the question of privilege 
 is then settled ; after that comes the question 
 of order, then the . question of commitment ; 
 if that is negatived, the question of amend- 
 ment is taken, and, lastly, the main question. 
 This example will sufficiently illustrate the 
 manner in which questions may grow out of 
 
124 FABLIAMENTAR Y PSA CTICE. 
 
 one another, and in what order they are to be 
 decided. 
 
 ig8. Question Must be Stated Before 
 Action. — When a motion is made and sec- 
 onded, it is the duty of the presiding oiificer 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. 
 
 ig8 a. President Cannot Refuse to Put 
 Motions. — The president of an association 
 cannot prevent the transaction of business at a 
 meeting by refusing to put motions, or by leav- 
 ing the meeting. And if he does refuse or 
 leave, the vice-president may put a motion 
 which is properly made.* — [B.] 
 
 199. Principal and Subsidiary Motion 
 Cannot be Stated Together.^ — It is there- 
 fore a most unparliamentary and abusive pro- 
 ceeding to allow a principal motion and a sub- 
 sidiary one relating to it to be proposed and 
 stated together, and to be put to the question 
 in their order, as is done when a member 
 
 * 43 New York Supp., 852. 
 
OT TEE OEDES OF PEOCEEDINO. 1 2 J 
 
 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 mual 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. Right to Floor. — 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 inter- 
 rupted 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 adjourn- 
 ment, 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 
 
126 FARLIAMENTAB Y PRACTICE. 
 
 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 impa- 
 tience of the assembly at further debate, do not 
 prevent him from going on if he pleases. 
 
 CHAPTER XII. 
 
 Of Order in Debate. 
 
 201. Difference Between Assembly 
 and Forensic Debate. — Debate in a delib- 
 erative 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 indepen- 
 dent 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 
 
AS TO TRE MANNER OF SPEAKING. 12/ 
 
 202. Presiding Officer. — It is a general 
 rule in all deliberative assemblies that the pre- 
 siding oflScer 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 proceeding when called 
 upon for that purpose, or when he finds it neces- 
 sary to do so ; and on appeals from his decision, 
 on questions of order, to address the assembly 
 in debate. 
 
 Sect. I. As to the Manner of Speaking. 
 
 203. Recognition of Member. — ^When 
 a member desires to address the assembly on 
 any subject before it J^as well as to make a mo- 
 tion), he is to rise and stand up in his place, 
 uncovered, and to address himself, not to the 
 assembly, nor any particular member, but to the 
 presiding officer, who, on hearing him, calls 
 him by his name, that the assembly may take 
 notice who it is that speaks, and give their at- 
 
 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. 
 
128 PARLIAMENTARY PSACTICE. 
 
 tention accordingly. If any question arises as 
 to who shall be entitled to the floor where sev- 
 eral members rise at or nearly at the same time, 
 it is decided in the manner already described 
 (46) as to obtaining the floor to make a motion. 
 
 204. Preference in Recognizing. — It is 
 customary, indeed, for the presiding ofiicer, 
 afl:er 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 resuming a debate after an adjournment, to 
 give the floor, if he desires it, to the mover of 
 the adjournment in preference to other mem- 
 bers ; 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. 
 
 105. Floor Cannot be Given Up at all 
 ■Without Losing It. — It is sometimes 
 thought that when a member, in the course 
 
 * 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. 
 
A.i TO THE MANNER OF SPEAKING. 
 
 129 
 
 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. Mention of Names in Debate. — 
 No person, in speaking, is to mention a mem- 
 ber then present by his name, but to describe 
 him by his seat in the assembly, or as the mem- 
 ber 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 ex- 
 citement of all personal feeling, either of favor 
 or of hostility, by separating, as it were, the 
 official from the personal character of each 
 member, and having regard to the former only 
 in the debate. 
 
 207. Presiding Officer. — 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 
 
 9 
 
I30 
 
 PARLIAMENTARY PRACTICE. 
 
 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. Member's Position While Speak- 
 ing. — A member while 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, sick- 
 ness, or other infirmity, he may be indulged to 
 speak sitting. 
 
 Sect. II. As to the Matter in Speaking. 
 
 209. Debate Must Relate to Question. 
 
 — Every question that can be made in a delib- 
 erative assembly is susceptible of being debated, 
 according to its nature ; that is, every member 
 has the right of expressing his opinion upon it. 
 Hence it is a general rule, and the principal 
 one relating to this matter, that in debate those 
 who speak are to confine themselves to the 
 question, and not to speak impertinently or be- 
 side 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 
 
AS TO THE MATTER IN SPEAKING. 1 3 I 
 
 the time and patience of the assembly, the 
 members seldom fail to show their dissatisfac- 
 tion in some way or other, which induces him 
 to bring his remarkes to a close. 
 
 210. Indecent Language. — It is also a 
 rule that no person, in speaking, is to use inde- 
 cent language against the proceedings of the 
 assembly, or to reflect upon any of its prior 
 determinations, unless he means to conclude 
 his remarks with a motion to rescind such deter- 
 mination ; but while a proposition under con- 
 sideration is still pending, and not adopted, 
 though it may have been reported by a com- 
 mittee, 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. W^hen Are Remarks Pertinent. — 
 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 nati;re or conse- 
 quences 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. 
 
132 
 
 PASLIAMENTARY PRACTICE. 
 
 212. Presumption in Favor of Perti- 
 nency. — It is very often an extremely difficult 
 and delicate matter to decide whether the re- 
 marks of a member are pertinent or relevant 
 to the 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 digresses 
 from or manifestly mistakes the question. 
 
 213. Subordinate Supersede Main 
 Questions. — It often happens, in the consid- 
 eration of a subject, that whilst the general 
 question remains the same, the particular ques- 
 tion before the assembly is constantly chang- 
 ing; thus, while, for example, the general 
 question is on the adoption of a series of reso- 
 lutions, 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 ques- 
 tion 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 atten- 
 tion on the part of the presiding officer. 
 
AS TO TIMES OF SPEAKlNQ. 
 
 133 
 
 214. How Member Proceeds After 
 Called to Order.— When a member is in- 
 terrupted 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, 
 that is, abandoning the objectionable course 
 of remark. 
 
 Sect. III. As to Times of Speaking. 
 
 215. Member Can Speak Once. — The 
 
 general rule in all deliberative assemblies, un- 
 less 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 mem- 
 ber who desires to speak a second time has, in 
 the course of the debate, changed his opinion. 
 215 a. Rule in Congress. — The rule of 
 the lower house of Congress is : " No member 
 shall speak more than once to the same ques- 
 tion without leave of the House, unless he be 
 
134 PARLIAMENTARY PRACTICE. 
 
 the mover, proposer or introducer of the mat- 
 ter pending, in which case he shall be permitted 
 to speak in reply, but not until every member 
 choosing to speak shall have spoken.' ' — [B.] 
 
 2i6. Previous Rule Construed. — This 
 rule refers to the same question, 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 pre- 
 sented 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 ques- 
 tions arising in the course of the debate. 
 
 217. ^Vhen He May Speak a Second 
 Time. — 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. May Speak a Second Time to 
 Explain. — A member may also be permitted 
 
AS TO ST0PPIN9 DUB A TE. 1 3 J 
 
 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. 
 
 219. How Long He Must 'Wait Before 
 Explaining. — It is sometimes supposed that, 
 because a member has a right to explain him- 
 self 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. 
 
 Sect. IV. As to Stopping Debate. 
 
 220. Ordering of Previous Question 
 Ends Debate. — The only mode in use in this 
 country, until recently, for the purpose of put- 
 ting an end to an unprofitable or tiresome de- 
 bate, 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 
 
I 36 PARLIAMENTAR Y PRACTICE. 
 
 taken. When this question is moved, there- 
 fore, it necessarily suspends all further consider- 
 ation 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 these motions is pending. 
 
 221. Assembly May Fix Time. — The 
 other mode of putting an end to debate, which 
 has recently been introduced into use, is for the 
 assembly to adopt beforehand a special order 
 in reference to a particular subject, that at 
 such a time specified all debate upon it shall 
 cease, and all motions or questions pending in 
 relation to it shall be decided. 
 
 222. Speaking More than Once. — An- 
 other 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. 
 
 222 a. Closure in House of Commons, 
 — In 1882 the House of Commons adopted an 
 order allowing the Speaker when, in his judg- 
 
AS TO DECORUM m DEBATE. 
 
 137 
 
 ment, a subject had been fully considered, to 
 inform the House that the question should be 
 put. Until the adoption of this order the 
 only limitation on debate was an order passed 
 in 1604, "That if any man speak imperti- 
 nently, or beside the question in hand, it 
 stands with the orders of the House for the 
 Speaker to interrupt him, and to have the pleas- 
 ure of the House, whether they will further 
 hear him." That speakers have long wished 
 that there was some way of closing debate may 
 be learned from Hatsell's Precedents, who de- 
 scribes one of the speakers as saying, after 
 listening to a long debate : "I am tired, I am 
 weary, I am heartily sick of this."* 
 
 Sect. V. As to Decorum in Debate. 
 223. Speaker Must Not be Disturbed. 
 
 — Every member having the right to be heard, 
 
 * In the lower House in Belgium, the President of the 
 Chamber and Prime Minister consult concerning the ad- 
 visability of clSture ; in Denmark, if the President of 
 the Danish Chamber thinks the debate has been improp- 
 erly prolonged, he can propose the cloture, which is de- 
 cided by the Chamber without debate ; in Spain, the 
 clSture may be moved by the President of the House. 
 Dickinson's Rules and Procedure of Foreign Parlia- 
 ments, 222, 102, 224, 266. 
 
138 PARLIAMENTARY PRACTICE. 
 
 every other member is bound to conduct him- 
 self 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 pass- 
 ing between the presiding officer and the mem- 
 ber speaking; by going across the assembly- 
 room, or walking up and down in it ; or by any 
 other disorderly deportment which tends to dis- 
 turb or disconcert a member who is speaking. 
 
 224. When He Should Sit Down.^ 
 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 in- 
 clination 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 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 anything 
 worth their hearing. 
 
 225. Presiding Officer Must Maintain 
 Order. — It is the duty of the presiding officer, in 
 
AS TO mSOSDEELY WORDS. 
 
 139 
 
 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 mem- 
 ber 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. 'When He May Permit Disorder. 
 — If, on repeated trials, the presiding ofificer 
 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, with- 
 out censure, every kind of disorder. 
 
 Sect. VI. As to Disorderly AVords. 
 
 227. Offensive Language. — If a member, 
 in speaking, makes use of language which is 
 personally offensive to another, or insulting to 
 the assembly, and the member offended, or any 
 other, thinks proper to complain of it to the 
 assembly, the course of proceeding is as fol- 
 lows : ■ , 
 
I40 
 
 PAJRLIAlfENTASY PRACTICE. 
 
 228. How Offending Member Should 
 be Treated. — The member speaking is im- 
 mediately 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 
 ■sirhich 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 not foundation for their being 
 thought disorderly, he will prudently delay 
 giving any such directions, in order not unne- 
 cessarily to interrupt the proceedings, though, 
 if the members generally seem to be in favor 
 of having the words taken down by calling 
 out to that effect, or by a vote, which the 
 assembly may doubtless pass, the presiding 
 officer should certainly order the clerk to 
 take them down in the form and manner in 
 
AS TO mSORDESLY WORDS. I4I 
 
 which they are stated by the member who 
 objects. 
 
 229. Effect of Denying Offensive Lan- 
 guage. — The words objected to being thus 
 written down, and forming a part of the minutes 
 in the clerk's book, they are next to be read 
 to the member who was speaking, who may 
 deny that those are the words which he spoke, 
 in which case the assembly must decide by a 
 question whether they are the words or not. 
 If he does not deny 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. Explanation or Apology. — If the 
 justification, or explanation, or apology, of the 
 member is thought sufficient by the assembly, 
 no further proceeding is necessary ; the mem- 
 ber may resume and go on with his speech, the 
 assembly being 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 ques- 
 tion, so as to take the sense of the assembly 
 
142 
 
 PASLIAMENTARY PRACTICE. 
 
 upon the words, and whether the member in 
 using them has been guilty of any offence 
 towards the assembly, the member must with- 
 draw 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 neces- 
 sary and proper. 
 
 231. Offensive Language Should be 
 Written Down. — The above is the course 
 of proceeding established by the writers of 
 greatest authority, and ought invariably to be 
 pursued ; it might, however, be improved by 
 the member who objects to words writing them 
 down at once, and thereupon moving that they 
 be made a part of the minutes ; by which means 
 the presiding officer would be relieved from the 
 responsibility of determining, in the first in- 
 stance, upon the character of the words. 
 
 232. Offensive Words Should be No- 
 ticed at Once. — If offensive words are not 
 taken notice of at the time they are spoken, 
 but the member is allowed to finish his speech, 
 and then any other person speaks, or any other 
 matter of business intervenes before notice is 
 taken of the words which gave offence, the 
 words are not to be written down, or the 
 
Of THE QUESTION. 1 43 
 
 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. 
 
 CHAPTER XIII. 
 
 Of the Question. 
 
 233. Difference Between Motion, 
 Question, etc. — When any proposition is 
 made to a deliberative assembly, it is called a 
 motion ; when it is stated or propounded to the 
 assembly for their acceptance or rejection, it is 
 denominated a question; and, when adopted, 
 it becomes the order, resolution, or vote of the 
 assembly. 
 
 234. Object of Prior Proceedings. — 
 All the proceedings which have thus far been 
 considered have only had for their object to 
 bring a proposition into a form to be put to 
 the question, that is, to be adopted as the 
 sense, will, or judgment of the assembly, or to 
 be rejected, according as such proposition may 
 
144 PARLIAMENTARY PRACTICE. 
 
 be found to unite in its favor, or to fail of 
 uniting, a majority of the members. 
 
 235. Final Vote. — 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 proposed, 
 — or if it admits of none, or if it is amended, — 
 and the debate upon it, if any, appears to be 
 brought to a close, the presiding officer 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. Statement of the Question. — The 
 question is not always stated to the assembly in 
 the precise form in which it arises or is intro- 
 duced ; thus, for example, when a member pre- 
 sents a petition, or the chairman of a commit- 
 tee offers a report, the question which arises, 
 if no motion is made, is. Shall the petition or 
 the report be received? and so, when the pre- 
 vious 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 appear on the journal, if it 
 passes in the affirmative. 
 
 236 a. Methods of Voting. — There are 
 
OF THE Q VESTION. 1 4 5 
 
 several methods of voting : by silent assent, by- 
 voice, by a show of hands, by division, by roll- 
 call or by yeas and nays, by ballot. — [B.] 
 
 237. Informal Consent. — In matters of 
 trifling importance, or which are generally of 
 course, such' as receiving petitions and reports, 
 withdrawing motions, reading papers, etc., the 
 presiding officer most commonly supposes or 
 takes for granted the consent of the assembly, 
 where no objection is expressed, and does not 
 go through the formality of taking the question 
 by a vote. But if, after a vote has been taken 
 in this informal way and declared, any member 
 rises to object, the presiding officer should con- 
 sider everything that has passed as nothing, 
 and at once go back and pursue the regular 
 course of proceeding. Thus, if a petition is 
 received without a question, and the clerk is 
 proceeding to read it, in the usual order of 
 business, if any one rises to object, it will be 
 the safest and most proper course for the pre- 
 siding officer to require a motion for receiving 
 it to be regularly made and seconded. 
 
 238. Putting of Final Question.— The 
 questior" Deing stated by the presiding officer, 
 he first puts it in the affirmative, namely: As 
 many as are of opinion that — repeating the 
 
 10 
 
146 PARLIAMENTARY PRACTICE. 
 
 words of the question, — say aye, and immedi- 
 ately all the members who are of that opinion 
 answer aye ; the presiding officer then puts the 
 question negatively : As many as are of a differ- 
 ent opinion, say no, and thereupon all the mem- 
 bers 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 the noes have it, as the 
 case may be. If the presiding officer is doubt- 
 ful as to the majority of voices he may put the 
 question a second time, and if he is still unable 
 to decide, or if, having decided according to 
 his judgment, any member rises and declares 
 that he believes the ayes or the «^« (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. Division. — If, however, any new mo- 
 tion 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 +00 late to 
 contradict the presiding officer and have the 
 assembly divided. 
 
OF THE QUESTION. 1 47 
 
 240. Mode of Voting. — The above is the 
 parliamentary form of taking a question, and 
 is in general use in this country ; but in some 
 of our legislative assemblies, and especially in 
 those of the New England States, the suffrages 
 are given by the members holding up their 
 right hands, first those in the affirmative, and 
 then those in the negative, of the question. 
 If the presiding officer cannot 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 pre- 
 siding 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. Division by Count. — When a di- 
 vision of the assembly takes place, the presid- 
 ing officer sometimes directs the members to 
 range themselves on different sides of the as- 
 sembly-room, and either counts them himself 
 or they are counted by tellers appointed by him 
 for the purpose, or by monitors permanently 
 appointed for that and other purposes; or the 
 members rise in their seats, first on the affirmar 
 
148 PARLIAMENTARY PRACTICE. 
 
 tive and then on the negative, and (standing 
 uncovered) are counted in the same manner. 
 When the members are counted by the presid- 
 ing officer, he announces the numbers and de- 
 clares the result. When they are counted by 
 tellers or monitors, the tellers must first agree 
 among themselves, and then the one who has 
 taled for the majority reports the numbers to 
 the presiding officer, who thereupon declares 
 the result. 
 
 242. Division by Tellers. — The best 
 method of dividing an assembly that is at all 
 numerous is for the presiding officer to appoint 
 tellers for each division or section of the as- 
 sembly-room, and then to require the mem- 
 bers, first those in the affirmative, and then those 
 in the negative, to rise, stand uncovered, and be 
 counted; this being done on each side,the tellers 
 of the several divisions make their returns, and 
 the presiding officer declares the result. 
 
 243. When Presiding Officer Can 
 Vote. — If the members are equally divided 
 the presiding officer may, if he pleases, give 
 the casting vote ; or, if he chooses, he may re- 
 frain from voting, in which case the motion 
 does not prevail, and the decision is in the 
 negative. 
 
OF THE QUESTION. 1 49 
 
 243 a. When Speaker Must Vote. — 
 Concerning the right or duty of the Speaker to 
 vote, the question is not altogether settled. For 
 many years it was unsettled in the lower branch 
 of Congress. Now, however, the law requires 
 the Speaker to vote when it would be decisive. 
 "By the practice of the House," so Follet re- 
 marks, " this rule obliges the Speaker to vote : 
 (i) to break a tie, (2) to make a tie, (3) to 
 complete a two-thirds vote, and (4) when his 
 vote is necessary to make a quorum. It has 
 been claimed, however, that the spirit of the 
 rule does not include a negative vote on an 
 even division, and when Mr. Speaker White in 
 the Twenty-Seventh Congress gave such a vote, 
 it was said to be unnecessary. But the ruling 
 now in Congress, and nearly all public assem- 
 blies, is that the Speaker should vote on an 
 equal division, even although his vote may be 
 cast in the negative."* — [B.] 
 
 243 b. His Right to Vote as Affected 
 by Positive Lfa'W. — It seems desirable to 
 state the Speaker's right to vote more fully. 
 If he is not a member of the body over which 
 he presides, he has no right to vote unless this 
 
 * Speaker of the House of Rep., 1 50. 
 
ISO 
 
 PARLIAMENTARY PRACTICE. 
 
 is given to him by positive law, as in the case 
 of the Vice-President of the United States, 
 whose right to give a casting vote is prescribed 
 by the Constitution. The same may be said 
 of the Lieutenant-Governor of many of the 
 States ; their right to vote is a constitutional 
 one, otherwise they would have none, because 
 they are not members of the bodies over which 
 they preside. If a Speaker is a member, then 
 he can vote, and no rule of the body would be 
 legal preventing him from exercising it. In 
 other words, his right to vote as a member is 
 not impaired by his election and exercise of 
 the functions of Speaker. From motives of 
 delicacy many prefer not to vote, except in the 
 case of a tie, or to make a tie, and thus pre- 
 vent a motion from prevailing, but his right to 
 vote in all cases is unquestioned. If he does 
 nor vote in the regular order, as the rules pre- 
 scribed for members require, nevertheless his 
 vote is not lost, and he may afterward insist on 
 his right to vote and exercise it. — [B.] 
 
 244. Who Must Vote. — It is a general 
 rule that every member who is in the assem- 
 bly-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 mem- 
 
Of THE Q VESTION. I J I 
 
 ber can vote who was not in the room at that 
 time. 
 
 244 a. Effect of Silence. — The effect of 
 remaining silent is well understood. At a valid 
 meeting of stockholders, if no contrary rule is 
 established by the charter or by-laws, a majority' 
 of those voting prevails. Those who have an 
 opportunity to vote and refrain, though they 
 have a majority of the stock, must be held to 
 acquiesce in the result of the votes actually 
 cast.*— [B.] 
 
 244 b. Silence is Acquiescence. — When 
 a question is put by the presiding ofHcer, silence 
 is acquiescence with the majority, because each 
 member is supposed to have assented before- 
 hand to the process established to ascertain the 
 general will. But this rule of implied assent 
 does not apply to a measure which is essentially 
 revolutionary, and based on no pre-established 
 process of ascertainment whatever. f — [B.] 
 
 244 c. Silence of the ^A^hole Assembly. 
 — Again, if silence of the whole assembly is 
 equivalent to a unanimous vote in the affirma- 
 tive, silence of a part of the members not voting 
 
 * 34 Minn. Rep., 135. 
 \ 4 Wharton, 531. 
 
153 PARLIAMENTARY PRACTICE. 
 
 cannot be counted against the express voice of 
 another part voting. If those present having 
 the right and opportunity to vote refuse to 
 exercise it, and witness without objection the 
 passage of a by-law or other act by the usual 
 mode of voting, counting, and declaring, the 
 objection of an insufficient or invalid vote by 
 reason of not counting non-votes present can- 
 not afterwards be made.* — [B.] 
 
 245. Yea and Nay Vote. — The only other 
 form of taking the question which requires to 
 be described is one in general use in this coun- 
 try, by means of which the names of the mem- 
 bers voting on the one side and on the other 
 are ascertained and entered in the journal of 
 the assembly. This mode, which is peculiar to 
 the legislative bodies of the United States, is 
 called taking the question by yeas and nays. 
 In order to take a question in this manner it is 
 stated on both sides at once, namely : As many 
 as are of opinion that, etc., will, when theirnames 
 are called, answer Yes; and. As many as are of 
 a different opinion will, when their names are 
 called, answer No ; the roll of the assembly is 
 then called over by the clerk, and each mem- 
 
 * 58 New Hamp. Rep., 187. 
 
OF THE Q VESTION. I 5 3 
 
 ber, as his name is called, rises in his place, 
 and answers yes or no, and the clerk notes the 
 answer as the roll is called. When the roll has 
 been gone through, the clerk reads over first the 
 names of those who have answered in the affir- 
 mative, 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. 
 
 245 a. Requirement of Federal Con- 
 stitution. — ^By the Constitution of the United 
 States "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.'.' And in voting .for 
 and against a bill that has been vetoed, the 
 entry must be made without any order. In 
 some of the State legislatures five members are 
 enough to second the call for the yeas and nays ; 
 in others three; in no case is a majority re- 
 quired. The reason for requiring only a small 
 
154 
 
 PARLIAMENTAB Y PEA CTICE. 
 
 number is, that the wish of the minority for 
 such a record of the action of the members is 
 obviously just. — [B.J 
 
 246. Yea and Nay Vote in Mass. — The 
 following is the mode practised 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 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 numbers of answers on that side ; 
 and the two last numbers or figures represent 
 the respective numbers of the afiSrmatives and 
 negatives on the division. Thus, at the left 
 hand of the name of the member who first an- 
 swers yes the clerk places a figure i ; at the 
 right hand of the first member who answers ?w 
 he also places a figure i ; the second member 
 that answers yes is marked 2 ; and so on to the 
 end of the list ; the side of the name on which 
 the figure is placed denoting whether the an- 
 
OF THE d VESTION. 1 5 J 
 
 answer is yes or no, and the figure denoting 
 the number of the answer on that side. The 
 affirmatives and negatives are then read sep- 
 arately, if necessary, though this is usually 
 omitted, and the clerk is then prepared, by 
 means of the last figure on each side, to give 
 the numbers to the speaker to be announced 
 to the house. The names and answers are 
 afterwards recorded on the journal. 
 
 247. How Long Debate May Con- 
 tinue. — In any of the modes of taking a ques- 
 tion, in which it is first put on one side, and 
 then on the other, it is no full question until 
 the negative as well as the affirmative has been 
 put. Consequently, until the negative has 
 been put it is in order for any member, in the 
 same manner as if the division had not com- 
 menced, to rise and speak, make motions for 
 amendment or otherwise, and thus renew the 
 debate ; and this whether such member was 
 in the assembly-room or not when the question 
 was put and partly taken. In such a case the 
 question must be put over again on the affirma- 
 tive 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 
 
156 PARLIAMENTAB Y PRA CTICE. 
 
 voted may have since changed their minds. 
 When a question is taken by yeas and nays, 
 and the negative as well as the affirmative of 
 the question is stated, and the voting on each 
 side begins and proceeds at the same time, the 
 question cannot be opened and the debate re- 
 newed after the voting has commenced. 
 
 247 a. Changing Vote, — A member may 
 change his vote, unless it be a ballot, at any 
 time before the result has been declared ; but 
 in the United States Senate a Senator, by unani- 
 mous consent, may change or withdraw his vote. 
 -[B.] 
 
 248. Questions Arising During Divis- 
 ion. — 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 pre- 
 siding officer must decide it peremptorily, sub- 
 ject to the revision and correction of the 
 assembly after the division is over. In a case 
 of this kind there can be no debate, though the 
 presiding officer may, if he pleases, receive the 
 assistance of members with their advice, which 
 they are to give sitting, in order to avoid even 
 the appearance of a debate ; but this can only 
 be with the leave of the presiding officer, as 
 Otherwise the division might be prolonged to 
 
OF SECONSIVESATION. 1 57 
 
 an inconvenient length ; nor can any question 
 be taken, for otherwise there might be division 
 upon division without end. 
 
 249. No Decision Without Quorum. — 
 When, from counting the assembly on a divis- 
 ion, it appears that there is not a quorum pres- 
 ent, there is no decision, but the matter in 
 question continues in the same state in which 
 it was before the division ; and when after- 
 wards resumed, whether on the same or on 
 some future day, it must be taken up at that 
 precise point. 
 
 CHAPTER XIV. 
 
 Of Reconsideration. 
 
 250. Decision Usually is Final. — It is 
 
 a principle of parliamentary law, upon which 
 many of the rules and proceedings are founded, 
 that when a question has been once put to a 
 deliberative assembly, and decided, whether in 
 the af&rmative or negative, that decision is the 
 judgment of the assembly, and cannot be 
 again brought into question. 
 
158 PARLIAMENTARY PRACTICE. 
 
 251. Applies to Equivalent Questions. 
 
 — This principle holds equally although the 
 question proposed is not the identical question 
 which has already been decided, but only its 
 equivalent ; as, for example, where the nega- 
 tive of one question amounts to the affirmative 
 of the other, and leaves no other alternative, 
 these questions are the equivalents of one an- 
 other, and a decision of the one necessarily 
 concludes the other. 
 
 252. Rule Explained. — A common appli- 
 cation of the rule as to equivalent questions 
 occurs in the case of an amendment proposed 
 by striking out words, in which it is the in- 
 variable practice to consider the negative of 
 striking out as equivalent to the affirmative of 
 agreeing ; so that to put a question on agree- 
 ing, after a question on striking out is nega- 
 tived, would be, in effect, to put the same 
 question twice over. 
 
 253. When Question Can be Re- 
 peated. — The principle above stated does not 
 apply so as to prevent putting the same ques- 
 tion in the different stages of any proceeding, 
 as, for example, in legislative bodies, the dif- 
 ferent stages of a bill ; so, in considering re- 
 ports of committees, questions already taken 
 
OF RECONSIDERATION. 
 
 159 
 
 and decided before the subject was referred 
 may be again proposed ; and, in like manner, 
 orders of the assembly and instructions or ref- 
 erences to committees may be discharged or 
 rescinded. 
 
 254. Reasons for Reconsidering. — The 
 inconvenience of this rule, which is still 
 maintained in all its strictness in the British 
 Parliament (though divers expedients are there 
 resorted to [as an explanatory or amending act] 
 to counteract or evade it), has led to the intro- 
 duction into the parliamentary practice of this 
 country of the motion for reconsideration ; 
 which, while it recognizes and upholds the rule 
 in all its ancient strictness, yet allows a delib- 
 erative assembly, for sufficient reasons, to re- 
 lieve itself from the embarrassment and incon- 
 venience which would occasionally result from 
 a strict enforcement of the rule in a particular 
 case. 
 
 255. Common Practices. — It has now 
 come to be a common practice in all our de- 
 liberative assemblies, and may consequently be 
 considered as a principle of the common par- 
 liamentary law of this country, to reconsider a 
 vote already passed, whether affirmatively or 
 negatively. 
 
1 6o PARLIAMENTAB Y PSA CTICB. 
 
 255 a. How Long the Right Exists. — 
 
 All deliberative assemblies have a right, during 
 the same session, to reconsider any vote which 
 they may have taken, and only the final result 
 is operative. — [B.]* 
 
 256. Form of. — For this purpose a motion 
 is made and seconded, in the usual manner, 
 that such a vote be reconsidered ; and if this 
 motion prevails, the matter stands before the 
 assembly in precisely the same state and condi- 
 tion, and the same questions are to be put in 
 relation to it as if the vote reconsidered had 
 never been passed. Thus, if an amendment 
 by inserting words is moved and rejected, the 
 same amendment cannot be moved again ; but 
 the assembly may reconsider the vote by which 
 it was rejected, and then the question will recur 
 on the amendment, precisely as if the former 
 vote had never been passed. 
 
 257. Rules of Assemblies for Recon- 
 sidering. — It is usual, in legislative bodies, to 
 regulate by a special rule the time; manner, 
 and by whom a motion to reconsider may b^ 
 made ; thus, for example, that it shall be maae 
 only on the same or a succeeding day, — ^by a 
 
 * 7 New Jersey Law Rep., loi. 
 
OF RECONSIDESA TION. 1 6 f 
 
 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. 
 
 257 a. Senate and House Rules of 
 Congress. — In the lower House of Congress, 
 when a motion has been made and carried, or 
 lost, any member of the majority, on the same 
 or succeeding day, may move its reconsidera- 
 tion, and this takes precedence of all other 
 questions except the consideration of a confer- 
 ence report, a motion to adjourn, or take a 
 recess. Furthermore, such amotion cannot be 
 withdrawn after the " succeeding day " with- 
 out the consent of the House, and any member 
 may call it up for consideration. If made 
 during the last week of the session, action 
 thereon must be immediate. The Senate rule 
 differs in sonie respects. If a motion to recon- 
 sider is lost, or if carried, and the first decision 
 of the reconsidered question is affirmed, a 
 motion to reconsider cannot be renewed with- 
 out unanimous consent. — [B.] 
 II 
 
PABLIAMENTASr PRACTICE. 
 
 CHAPTER XV. 
 Of Committees. 
 
 Sect. I. Their Nature and Functions. 
 
 258. How Formed. — It is usual in all de- 
 liberative assemblies to take the preliminary 
 (sometimes, also, the intermediate) measures, 
 and to prepare matters to be acted upon in the 
 assembly, by committees composed either of 
 memb.ers specially selected for the particular 
 occasion, or appointed beforehand for all mat- 
 ters of the same nature. 
 
 259. How Designated.^ — 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 dis- 
 tinguish them from another form of committee 
 constituted either for a particular occasion, or 
 for all cases of a certain kind, which is com- 
 posed of all the members of the assembly, and 
 therefore denominated a committee of the whole. 
 
 260. Advantages. — The advantages of 
 proceeding in this mode are manifold. It en- 
 
OF COMMITTEES. 1 6 3 
 
 ables a deliberative assembly to do many things 
 which, from its numbers, it would otherwise be 
 unable to do, — to accomplish a much greater 
 quantity of business, by dividing 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 
 preliminary and preparatory steps with a greater 
 degree of freedom than is compatible with the 
 forms of proceeding usually observed in full 
 assembly. 
 
 261. Why Appointed. — Committees are 
 appointed to consider a particular subject, 
 either at large or under special instructions: 
 to obtain information in reference to a matter 
 before the assembly, either by personal inquiry 
 and inspection or by the examination of wit- 
 nesses ; and to digest and put into proper form, 
 for the adoption of the assembly, all resolutions, 
 votes, orders, and other papers with which they 
 may be charged. Committees are commonly 
 said to be the "eyes and ears" of the assem- 
 bly; it is equally true that, for certain pur- 
 poses, they are also its " head and hands." 
 
 262. Powers and Functions. — The 
 powers and functions of committees depend 
 chiefly upon the general authority and particu- 
 
164 PARLIAMENTARY PBACTIOE. 
 
 lar 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 func- 
 tions ; and sometimes it even happens that these 
 additional instructions wholly change the na- 
 ture of a committee by charging it with inqui- 
 ries quite different from those for which it was 
 originally established. 
 
 Sect. II. Their Appointment. 
 
 263. Standing and Select Committees 
 Appointed Same Way. — In the manner of 
 appointing committees there is no difference 
 between standing and other select committees 
 as to the mode of selecting the members to 
 compose them ; and in reference to committees 
 of the whole, as there is no selection of mem- 
 bers, they are appointed simply by the order 
 of the assembly. 
 
 264. Number. — In the appointment of 
 select committees, the first thing to be done is to 
 fix upon the number. This is usually effected 
 in the same manner that blanks are filled, 
 namely, by members proposing, without the 
 formality of a motion, such numbers as they 
 please, which are then separately put to the 
 
THEIR APPOINTMENT. l6$ 
 
 question, beginning with the largest and going 
 regularly through to the smallest, until the as- 
 sembly comes to a vote. 
 
 265. Selecting Committees. — The num- 
 ber being settled, there are three modes of se- 
 lecting the members, to wit, by the appointment 
 of the presiding officer, — by ballot, — and by 
 nomination and vote of the assembly ; the first 
 sometimes in virtue of a standing rule, some- 
 times in pursuance of a vote of the assembly in 
 a particular case ; the second always in pursu- 
 ance of a vote ; the last is the usual course 
 where no vote is taken. 
 
 266. Usually Named by Presiding Offi- 
 cer. — In deliberative assemblies, whose sittings 
 are of considerable length as legislative bodies, 
 it is usual to provide by a standing rule that, 
 unless otherwise ordered in a particular case, 
 all committees shall be named by the presiding 
 officer. Where this is the case, whenever a 
 committee is ordered, and the number settled, 
 the presiding officer at once names the mem- 
 bers to compose it. Sometimes, also, the rule 
 fixes the number of which, unless otherwise or- 
 dered, committees shall consist. This mode 
 of appointing a committee is frequently re- 
 sorted to where there is no rule on the subject. 
 
1 66 PABLIAMENTAB YPRA CTICE. 
 
 267. Selection by Ballot. — When a com- 
 mittee 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 ma- 
 jority of all the votes given in is necessary to a 
 choice. 
 
 268. Selection by Vote. — When a com- 
 mittee is directed to be appointed by nomina- 
 tion and vote, the names of the members pro- 
 posed 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 officer, 
 he may propose the names in the same man- 
 ner or all at once ; the former mode being the 
 most direct and simple, the latter enabling the 
 assembly to vote more understandingly upon 
 the several names proposed. When the nomi- 
 nation is directed to be made at large, the 
 presiding officer calls upon the assembly to 
 nominate ; and, names being mentioned accord- 
 ingly, he puts to vote the first name he hears. 
 
 269. Revival of Committee. — It is also a 
 compendious mode of appointing a committee 
 
THEIB APPOINTMENT. 
 
 167 
 
 to revive one which has already discharged 
 itself by a report ; or by charging a commit- 
 tee appointed for one purpose with some ad- 
 ditional duty, of the same or of a different 
 character. 
 
 270. "Why Bill Should be Referred to 
 Friendly Committee. — In regard to the 
 appointment of committees, so far as the selec- 
 tion of the members is concerned, it is a gen- 
 eral 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 commit- 
 tee, for the reason that he who would totally 
 destroy will not amend ; but that, for the op- 
 posite reason, those who only take exceptions to 
 some particulars in the bill are to be of the 
 committee. This rule supposes the purpose of 
 the commitment to be not the consideration of 
 the general merits of the bill, but the amend- 
 ment of it in its particular provisions, so as to 
 make it acceptable to the assembly. 
 
 271. Majority Should be Friendly. — 
 This rule, of course, is only for the guidance 
 of the presiding officer and the members, in 
 the exercise of their discretion ; as the assem- 
 bly may refuse to excuse from serving, or may 
 itself appoint on a committee, persons who are 
 
l68 PAELIAMENTAEY PRACTICE. 
 
 opposed to the subject referred. It is custom- 
 ary, 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. 
 [Practically the majority is taken from the po- 
 litical party dominant in the assembly, because 
 a partisan measure is expected and desired. — 
 Ed.] 
 
 272. Notification of Appointment. — 
 When a committee has been appointed in refer- 
 ence to a particular object, it is the duty of the 
 secretary of the assembly to make out a list of 
 the members, together with a certified copy of 
 the authority or instructions under which they 
 are to act, and to give the papers to the mem- 
 ber first named on the list of the committee, 
 if convenient, but, otherwise, to any other 
 member of the committee. 
 
 Sect. III. Their Organization and 
 Manner of Proceeding. 
 
 273. Who is Chairman. — The person 
 first named on a committee acts as its chair- 
 man, or presiding officer, so far as relates to 
 the preliminary steps to be taken, and is usually 
 
ORQANIZA TION— MANNER OF FROCEEDINQ. 1 69 
 
 permitted to do so through the whole proceed- 
 ings; but this is a matter of courtesy, every 
 committee having a right to elect its own chair- 
 man, who presides over it, and makes the report 
 of its proceedings to the assembly. 
 
 274. Meetings. — A committee is properly 
 to receive directions from the assembly as to 
 the time and place of its meeting, and cannot 
 regularly sit at any other time or place ; and it 
 may be ordered to sit immediately, whilst the 
 assembly is sitting, and make its report forth- 
 with. 
 
 275. When Committee Cannot Sit. — 
 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 as- 
 sembly 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. Manner of Proceeding. — In regard 
 to its forms of proceeding, a committee is essen- 
 tially a miniature assembly — it can only act 
 when regularly assembled together as a com- 
 mittee, and not by separate consultation and 
 
1 70 PARLIAMENTAJtY PRACTICE. 
 
 consent of the members; nothing being the 
 agreement 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 assem- 
 bly ; a majority of the members is necessary to 
 constitute a quorum for business, unless a larger 
 or smaller number has been fixed by the as- 
 sembly itself; and a committee has full power 
 over whatever may be committed to it, except 
 that it is not at liberty to change the title or 
 subject. 
 
 277. Time and Place of Meeting. — A 
 committee which is under no directions as to 
 the time and place of meeting may meet when 
 and where it pleases, and adjourn itself from 
 day to day, or otherwise, until it has gone 
 through with the business committed to it ; but 
 if it is ordered to meet at a particular time, and 
 it fails of doing so for any cause, the committee 
 is closed, and cannot act without being newly 
 directed to sit. 
 
 278. Disorder. — Disorderly words spoken 
 in a committee must be written down in the 
 same manner as in the assembly ; but the com- 
 mittee, as such, can do nothing more than 
 report them to the assembly for its animadver- 
 sion ; neither can a committee punish disorderly 
 
OSOANIZA TION—MANNUE OF PBOCEEDlNO. 1 7 1 
 
 conduct of any kind, but must report it to the 
 assembly. 
 
 279. Proceedings in. — When any paper 
 is before a committee, whether select or of the 
 whole, it may either have originated with the 
 committee or have been referred to them ; and 
 in either case, when the paper comes to be con- 
 sidered, the course is for it to be first read 
 entirely through by the clerk of the committee, 
 if there is one, otherwise by the chairman ; and 
 then to be read through again by paragraphs by 
 the chairman, pausing at the end of each para- 
 graph, and putting questions for amending, 
 either by striking out or inserting, if proposed. 
 This is the natural order of proceeding in con- 
 sidering 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. Treatment of Original Paper. — 
 If the paper before a committee is one which 
 has originated with the committee, questions 
 are put on amendments proposed, but not on 
 agreeing to the several paragraphs of which it 
 is composed, separately, as they are gone 
 through with ; this being reserved for the close, 
 when a question is to be put on the whole for 
 
1/2 
 
 PARLIA UENTAR Y PSA CTICE. 
 
 agreeing to the paper as amended or un- 
 amended. 
 
 281. Treatment of Referred Papers. — 
 If the paper be one which has been referred 
 to the committee, they proceed as in the other 
 case to put questions of amendment, if pro- 
 posed, but no final question 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 committee are op- 
 posed to the whole paper, and are of opinion 
 that it cannot be made good by amendments, 
 they have no authority to reject it ; they must 
 report it back to the assembly, without amend- 
 ments (specially stating their objections, if 
 they think proper), and there make their oppo- 
 sition as individual members. 
 
 282. Report on Original Paper. — In the 
 case of a paper originating with a committee, 
 they may erase or interline it as much as they 
 please ; though, when finally agreed to, it ought 
 to be reported in a clear draft, fairly written, 
 without erasure or interlineation. 
 
 283. Report on Referred Paper. — But, 
 in the case of a paper referred to a committee, 
 
THEIB REPORT. 
 
 173 
 
 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 amendments are to be 
 made, by references to the paragraph or sec- 
 tion, line, and word. 
 
 284. Amendments by Committee. — If 
 the amendments agreed to are very numerous 
 and minute, the committee may report them 
 all together, in the form of a new and amended 
 draft. 
 
 285. Final Action in Committee. — 
 When a committee has gone through the paper, 
 or agreed upon a report on the subject which 
 has bien referred to them, it is then moved by 
 some member, and thereupon voted, that the 
 committee rise, and that the chairman, or some 
 other member, make their report to the assem- 
 bly. 
 
 Sect. IV. Their Report. 
 
 286. Making Report in the Assembly. 
 
 — 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 committee to whom was 
 
174 
 
 PARLIAMENTARY PRACTICE. 
 
 referred such a subject or paper have, accord- 
 ing to order, had the same under consideration, 
 and have directed him to make a report thereon, 
 or to report the same with sundry amendments, 
 or without amendment, as the case may be, 
 which he is ready to do when the assembly 
 shall please ; and he or any 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 report at 
 that time; and a vote passes, accordingly, either 
 to receive it then, or fixing upon some future 
 time for its reception. 
 
 287. Delivery to Clerk.. — 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 assembly to take it 
 up for consideration. 
 
 288. Amendments. — If the report of the 
 committee is of a paper with amendments, the 
 chairman reads the amendments with the co- 
 herence in the paper, whatever it may be, and 
 opens the alterations, and the reasons of the 
 
THEIR SEPOBT. 175 
 
 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. Reports Received Without Mo- 
 tion. — In practice, however, the formality of 
 a motion and vote on the reception of a report 
 is usually dispensed with ; though, if any ob- 
 jection is made, or if the presiding officer sees 
 any informality in the report, he should decline 
 receiving it without a motion and vote ; and a 
 report, if of any considerable length, is seldom 
 read, either by the chairman in his place or by 
 the clerk at the table, until it is taken up for 
 consideration. In legislative assemblies the 
 printing of reports generally renders the read- 
 ing of them unnecessary. 
 
 290. Dissolution of Committee, — The 
 report of a committee being made and received, 
 the committee is dissolved, and can act no 
 more without a new power ; but their authority 
 may be revived 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. 
 
1 jS PARLIAMENTAR Y PR A CTICE. 
 
 291. Report May be Recommitted. — 
 When a subject or paper has been once com- 
 mitted and a report made upon it, it may be 
 recommitted either to the same or a different 
 committee; and if a report is recommitted 
 before it has been agreed to by the assembly, 
 what has heretofore passed in the committee is 
 of no validity ; the whole question being again 
 before the committee as if nothing had passed 
 there in relation to it. 
 
 292. Forms of Report. — The report of a 
 committee may be made in three different 
 forms, namely : first, it may contain merely a 
 statement of facts, reasoning, or opinion, in re- 
 lation to the subject of it, without any specific 
 conclusion ; or, second, a statement of facts, 
 reasoning, or opinion, concluding with a resolu- 
 tion, or series of resolutions, or some other 
 specific proposition ; or, third, it may consist 
 merely of such resolutions, or propositions, 
 without any introductory part. 
 
 293. Question on Receiving The first 
 
 question on a report is, in strictness, on receiving 
 it, though in practice this question is seldom 
 or never made ; the consent of the assembly, 
 especially in respect to the report of a com- 
 mittee of the whole, being generally presumed, 
 
TKEIE REPORT. 1 77 
 
 unless objection is made. When a report is 
 received, whether by general consent or upon 
 a question and vote, the committee is dis- 
 charged, and the report becomes the basis of 
 the future proceedings of the assembly on the 
 subject to which it relates. 
 
 294. Treated Like Other Questions.T- 
 At the time assigned for the consideration of a 
 report, it may be treated and disposed of pre- 
 cisely like any other proposition, and may be 
 amended in the same manner, both in the pre- 
 liminary statement, reasoning, 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, etc., without 
 resolutions, or of resolutions, etc., without any 
 introductory part. 
 
 295. Adoption. — The final question on 
 a report, whatever form it may have, is usu- 
 ally stated on its acceptance ; and, when ac- 
 cepted, the whole report is adopted by the 
 assembly, and becomes the statement, reason- 
 ing, opinion, resolution, or other act, as the 
 case may be, of the assembly ; the doings of 
 a committee, when agreed to, adopted, or ac- 
 cepted, becoming the acts of the assembly, in 
 the same manner as if done originally by the 
 
 12 
 
178 PARLIAMENTARY PRACTICE. 
 
 assembly itself, without the intervention of a 
 committee. 
 
 296. Statement of Final Question. — It 
 would be better, however, and in stricter ac- 
 cordance with parliamentary rules, to state the 
 final question on a report 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 
 conclude with resolutions, or other specific 
 propositions of any kind, — the introductory 
 part being consequently merged in the conclu- 
 sion, — the question should be on agreeing to 
 the resolutions, or on adopting the order or 
 other proposition, or on passing or coming to 
 the vote recommended by the committee ; and 
 the same should be the form of the question 
 when the report consists merely of resolutions, 
 etc., without any introductory part. 
 
 Sect. V. Committee of the Whole. 
 
 297. How Formed. — When a subject has 
 been ordered to be referred to a committee of 
 the whole, the form of going from the assembly 
 into committee is for the presiding officer, at 
 the time appointed for the committee to sit, on 
 motion made and seconded for the purpose, to 
 
COMMITTEE OF THE WBOLE. 1 79 
 
 put the question that the assembly do now re- 
 solve itself into a committee of the whole to 
 take under consideration such a matter, naming 
 it. If this question is determined in the affirm- 
 ative, the result is declared by the presiding 
 officer, who, naming some member to act as 
 chairman of the committee, then leaves the 
 chair and takes a seat elsewhere like any other 
 member, and the person appointed chairman 
 seats himself (not in the chair of the assembly, 
 but) at the clerk's table. 
 
 298. Presiding Officer Names Chair- 
 man. — The chairman named by the presid- 
 ing officer is generally acquiesced in by the 
 committee; though, like all other commit- 
 tees, a committee of the whole have a right 
 to elect a chairman for themselves, some 
 member, by general consent, putting the ques- 
 tion. 
 
 299. Quorum. — The same number of mem- 
 bers is necessary to constitute a quorum of a 
 committee of the whole as of the assembly ; and 
 if the members present fall below a quorum at 
 any time in the course of the proceedings, the 
 chairman, on a motion and question, rises, — 
 the presiding officer thereupon resumes the 
 chair, — and the chairman informs the assembly 
 
l8o PABLJAMENTARYPBACTICE. 
 
 (he can make no other report) of the cause of 
 the dissolution of the committee. 
 
 300. Presence of Presiding Officer. — 
 When the assembly is in committee of the 
 whole, it is the duty of the presiding oflScer 
 to remain in the assembly-room, in order to 
 be at hand to resume the chair in case thd 
 committee should be broken up by some dis- 
 order, or for want of a quorum, or should 
 rise, either to report progress or to make 
 their final report upon the matter committed 
 to them. 
 
 300 a. Speaker May Resume Chair to 
 Suppress Disorder. — Though the speaker 
 has a right to resume the chair to suppress dis- 
 order, he hesitates to do so unless clearly au- 
 thorized by the standing rules or an order of 
 the House. In 1880 the House was in com- 
 mittee of the whole on the refunding of the 
 national debt, and two of the members fiercely 
 denounced each other, and nearly came to 
 blows. For the purpose of restoring order Mr. 
 Speaker Randall took the chair, asserting that 
 he was justified by parliamentary propriety and 
 practice in doing so, and by his direction the 
 sergeant-at-arms went among the members with 
 his mace of office and restored order. The 
 
COMMITTEE OF TBE WHOLE. l8l 
 
 speaker then yielded the chair to the chairman 
 of the committee.— [B.] 
 
 301. Duty of Clerk.— 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 committee, but only 
 their report as made to the assembly. 
 
 302. Proceedings in. — The proceedings 
 in a committee of the whole, though, in gen- 
 eral, similar to those in the assembly itself and 
 in other committees, are yet different in some 
 respects, the principal of which are the follow- 
 ing : 
 
 303. Previous Question Cannot be 
 Moved. — First. The previous question can- 
 not be moved in a committee of the whole. 
 The only means of avoiding an improper dis- 
 cussion is to move that the committee rise; 
 and, if it is apprehended that the same discus- 
 sion will be attempted on returning again into 
 committee, the assembly can discharge the 
 committee and proceed itself with the business, 
 keeping down any improper discussion by 
 means of the previous question. 
 
 304. Cannot Adjourn. — Second. A com- 
 mittee of the whole cannot adjourn, like other 
 
1 8 2 PARLIAMENTAE Y PRACTICE. 
 
 committees, to some other time or place, for the 
 purpose of going on with and completing the 
 consideration of the subject referred to them ; 
 but if their business is unfinished at the usual 
 time for 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 member to move that the committee 
 rise, report progress, and ask leave to sit again; 
 and if this motion prevails, the chairman rises, 
 — the presiding officer resumes the chair of the 
 assembly, — and the chairman of the committee 
 informs him that the committee of the whole 
 have, according to order, had under their con- 
 sideration such a matter, and have made some 
 progress therein ; but, not having had time to 
 go through with the same, have directed him to 
 ask leave for the committee to sit again. The 
 presiding officer thereupon puts a question on 
 giving the 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. Unlimited 'DehaXe.— Third. In a 
 committee of the whole every member may 
 speak as often as he pleases, provided he can 
 
CQUMITTEE OF THE WHOLE. 
 
 183 
 
 obtain the floor ; whereas, in the assembly itself, 
 no member can speak more then once. 
 
 306. Refepences to Other Committees. 
 — Fourth. A committee of the whole cannot 
 refer any matter to another committee ; but 
 other committees may and do frequently exer- 
 cise their functions, and expedite their business 
 by means of sub-committees of their own mem- 
 bers. 
 
 307. Presiding Officer May Debate. — 
 Fifth. In a committee of the whole the pre- 
 siding officer of the assembly has a right to 
 take a part in the debate and proceedings in 
 the same manner as any other member. 
 
 308. Punishment for Disorderly Con- 
 duct. — 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. Motion Need Not be Seconded. — 
 The foregoing are the principal points of differ- 
 ence between proceedings in the assembly and 
 
1 84 FABLIAMENTAR Y FBACTICE. 
 
 in committees of the whole ; in most other 
 respects they are precisely similar. It is some- 
 times 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. Rising of Committee. — When a 
 committee of the whole have gone through with 
 the matter referred to them, a member moves 
 that the committee rise, and that the chairman 
 (or some other member) report their proceed- 
 ings to the assembly ; which being resolved, 
 the chairman rises and goes to his place, — the 
 presiding officer resumes the chair of the as- 
 sembly, — 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 received, in the 
 same manner as that of any other committee 
 (286). 
 
 311. Receiving a Report. — It sometimes 
 happens that the formality of a motion and 
 question as to the time of receiving a report is 
 
COKCL VDING BEMAEKS. 1 g J 
 
 dispensed with. If the assembly are ready to 
 receive it at the time, they cry out, "now, 
 now," whereupon the chairman proceeds; if 
 not then ready, some other time is mentioned, 
 as "to-morrow," or "Monday," and that time 
 is fixed by general consent. But when it is not 
 the general sense of the assembly to receive the 
 report at the time, it is better to agree upon 
 and fix the time by a motion and question. 
 
 Concluding Remarks. 
 
 312. Suggestions. — In bringing this trea- 
 tise to a close, it will not be deemed out of 
 place to make a suggestion or two for the bene- 
 fit of those persons who may be called upon to 
 act as presiding officers for the first time. 
 
 313. Presiding Officer Should be At- 
 tentive. — One of the most essential parts of 
 the duty of a presiding officer is to give the 
 closest attention to the proceedings of the as- 
 sembly, and especially to what is said by every 
 member who speaks. Without the first, con- 
 fusion will be almost certain to occur, wasting 
 the time, perhaps disturbing the harmony, of 
 the assembly. The latter is not merely a de- 
 
1 86 rARLIAliENTAltr PRACTICE. 
 
 cent manifestation of respect for those who 
 have elevated him to an honorable station, but 
 it tends greatly to encourage timid or diflBdent 
 members, and to secure them a patient and at- 
 tentive hearing ; and it often enables the pre- 
 siding officer, by a timely interference, to 
 check offensive language in season to prevent 
 scenes of tumult and disorder, such as have 
 sometimes disgraced our legislative halls. 
 
 314. Observing Rules. — It should be con- 
 stantly kept in mind by a presiding officer that 
 in a deliberative 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 proceedings 
 shall be strictly pursued, and will take care to 
 restrain members from interfering in any other 
 manner. In general, the solemnity and de- 
 liberation with which this mode is attended will 
 do much to allay heat and excitement, and to 
 restore harmony and order in the assembly. 
 
 315. Object of Rules. — A presiding 
 officer will often find himself embarrassed by 
 the difficulty, as well as the delicacy, of decid- 
 
coNCLVDiafs aeuaRks. 187 
 
 ing points of order, or giving directions as to 
 the manner of proceeding. In such cases it 
 will be useful for him to recollect that — 
 
 The great purpose of all rules and 
 forms is to subserve the will of the 
 assembly, rather than to restrain it ; to 
 facilitate, and not to obstruct, the ex- 
 pression of their deliberate sense. 
 
CONSTITUTION 
 
 OF THE 
 
 UNITED STATES. 
 
 PREAMBLE. 
 
 We, the People of the United States, in 
 order to form a more perfect union, establish 
 justice, insure domestic tranquillity, provide 
 for the common defence, promote the general 
 welfare, and secure the blessings of liberty to 
 ourselves and our posterity, do ordain and 
 establish this Constitution for the United 
 States of America. 
 
 ARTICLE I. 
 
 THE LEGISLATIVE DEPARTMENT. 
 
 Section I. — All legislative powers herein 
 granted shall be vested in a Congress of the 
 United States, which shall consist of a Senate 
 and House of Representatives. 
 
 Sec. II. — I. The House of Representatives 
 shall be composed of members chosen every 
 second year by the people of the several 
 States ; and the electors in each State shall 
 have the qualifications requisite for electors 
 of the most numerous branch of the State 
 
 legislature, 
 
 (189) 
 
igO CONSTITUTION OF THE UNITED STATES. 
 
 2. No person shall be a representative who 
 shall not have attained to the age of twenty- 
 five years, and been seven years a citizen of 
 the United States, and who shall not, when 
 elected, be an inhabitant of that State in which 
 he shall be chosen. 
 
 3. Representatives and direct taxes shall be 
 apportioned among the several States which 
 may be included within this Union, according 
 to their respective numbers, which shall be de- 
 termined 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. The 
 actual enumeration shall be made within three 
 years after the first meeting of the Congress of 
 the United States, and within every subsequent 
 term of ten years, in such manner as they shall 
 by law direct. The number of representatives 
 shall not exceed one for every thirty thousand, 
 but each State shall have at least one represen- 
 tative; and until such enumeration shall be 
 made, the State of New Hampshire shall be 
 entitled to choose three ; Massachusetts, eight j 
 Rhode Island and Providence Plantations, one ; 
 Connecticut, five ; New York, six ; New Jer- 
 sey, four ; Pennsylvania, eight ; Delaware, 
 one ; Maryland, six ; Virginia, ten ; North 
 Carolina, five; South Carolina, five; and 
 Georgia, three. 
 
 4. When vacancies happen in the represen- 
 tation from any State, the executive authority 
 
CONSTITUTION OP THE UNITED STATES. 
 
 191 
 
 thereof shall issue writs of election to fill such 
 vacancies. 
 
 5 . The House of Representatives shall choose 
 their Speaker dnd other officers, and shall have 
 the sole power of impeachment. 
 
 Sec. III. — I. The Senate of the United 
 States shall be composed of two Senators from 
 each State, chosen by the legislature thereof 
 for six years ; and each Senator shall have one 
 vote. 
 
 2. Immediately after they shall be assembled 
 in consequence of the first election, they shall 
 be divided as equally as may be into three 
 classes. The seats of the Senators of the first 
 class shall be vacated at the expiration of the 
 second year, of the second class at the expira- 
 tion of the fourth year, and of the third class 
 at the expiration of the sixth year, so that one- 
 third may be chosen every second year ; and 
 if vacancies happen, by resignation or other- 
 wise, during the recess of the legislature of any 
 State, the executive thereof may make tempo- 
 rary appointments until the next meeting of 
 the legislature, which shall then fill such vacan- 
 cies. 
 
 3. No person shall be a Senator who shall 
 not have attained 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. 
 
 4. The Vice-President of the United States 
 
192 CONSTITUTION OF THE UNITED STATES. 
 
 shall be President of the Senate, but shall have 
 no vote unless they be equally divided. 
 
 5. The Senate shall choose their other offi- 
 cers, and also a President pro tempore in the 
 absence of the Vice-President, or when he 
 shall exercise the office of President of the 
 United States. 
 
 6. The Senate shall have the sole power to 
 try all impeachments. When sitting for that 
 purpose, they shall be on oath or affirmation. 
 When the President of the United States is 
 tried, the Chief Justice shall preside : and no 
 person shall be convicted without the concur- 
 rence of two-thirds of the members present. 
 
 7. Judgment in cases of impeachment shall 
 not extend further than to removal from office, 
 and disqualification to hold and enjoy any 
 office of honor, trust, or profit under the 
 United States ; but the party convicted shall 
 nevertheless be liable and subject to indict- 
 ment, trial, judgment, and punishment, accord- 
 ing to law. 
 
 Sec. IV. — I. The times, pilaces, and manner 
 of holding elections for Senators and Repre- 
 sentatives shall be 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. 
 
 2. The Congress shall assemble at least once 
 in every year ; and such meeting shall be on 
 the first Monday in December, unless they shall 
 by law appoint a different day. 
 
CONSTITUTION OF THE UNITED STATES. 
 
 193 
 
 Sec. V. — I. Each house shall be the judge 
 of the elections, 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 attend- 
 ance of absent members, in such manner and 
 under such penalties as each house may pro- 
 vide. 
 
 2. Each house may determine the rules of 
 its proceedings, punish its members for disor- 
 derly behavior, and with the concurrence of 
 two-thirds, expel a niember. 
 
 3. Each house shall keep a journal of its 
 proceedings, and from time to time publish 
 the same, excepting such parts as may in their 
 judgment require secrecy; and the yeas and 
 nays of the members of either house on any 
 question shall, at the desire of one-fifth of those 
 present, be entered on the journal. 
 
 4. Neither house, during the session of Con- 
 gress, 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. 
 
 Sec. VI. — I. The Senators and Representa- 
 tives shall receive a compensation for their 
 services, to be ascertained by law, and paid out 
 of the treasury of the United States. They 
 shall, in all cases, except treason, felony, and 
 breach of the peace, be privileged from arrest 
 during their attendance at the session of their 
 
 13 
 
194 CONSTITUTIOIT OF THE VlflTED STATES. 
 
 respective houses, and in going to and return- 
 ing from the same ; and for any speech or de- 
 bate in either house they shall not be questioned 
 in any other place. 
 
 2. 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 oflfice under the United States 
 shall be a member of either house during his 
 continuance in office. 
 
 Sec. VIL — i. 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. 
 
 2. Every bill which shall have passed the 
 House of Representatives and the Senate, shall, 
 before it become a law, be presented to the 
 President of the United States ; if he approve, 
 he shall sign it ; but if not, he shall return it, 
 with his objections, to that house in which it 
 shall have originated ; who shall enter the ob- 
 jections at large on their journal, and proceed 
 to reconsider it. If, after such reconsideration, 
 two-thirds of that house shall agree to pass the 
 bill, it shall be sent, together with the objec- 
 tions, to the other house, by which it shall 
 likewise be reconsidered ; and if approved by 
 two-thirds of that house, it shall become a law. 
 But in all such cases the votes of both houses 
 
CONSTITUTION OF THE UNITED STATES. IgS 
 
 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, un- 
 less the Congress by their adjournment pre- 
 vent its return, in which case it shall not be a 
 law. 
 
 3. Every order, resolution, or vote, to which 
 the concurrence of the Senate and House of 
 Representatives may be necessary (except on a 
 question of adjournment), shall be presented 
 to the President of the United States; and 
 before the same shall take effect, shall be ap- 
 proved by him ; or being disapproved by him, 
 shall be re-passed by two-thirds of the Senate 
 and House of Representatives, according to 
 the rules and limitations prescribed in the case 
 of a bill. 
 
 Sec. VIII. — The Congress shall have power : 
 
 1. To lay and collect taxes, duties, imposts, 
 and excises ; to pay the debts and provide for 
 the common defense and general welfare of the 
 United States ; but all duties, imposts, and 
 excises shall be uniform throughout the United 
 States : 
 
 2. To borrow money on the credit of the 
 United States : 
 
 3i To regulate commerce with foreign na- 
 
196 CONSTITUTION OF THE UNITED STATES. 
 
 tions, and among the several States, and with 
 the Indian tribes : 
 
 4. To establish a uniform rule of naturaliza- 
 tion, and uniform laws on the subject of bank- 
 ruptcies throughout the United States : 
 
 5. To coin money, regulate the value thereof 
 and of foreign coin, and to fix the standard of 
 weights and measures : 
 
 6. To provide for the punishment of counter- 
 feiting the securities and current coin of the 
 United States : 
 
 7. To establish post-offices and post-roads : 
 
 8. To promote the ' progress of science and 
 useful arts, by securing for limited times, 
 to authors and inventors, the exclusive right 
 to their, respective writings and discover- 
 ies: 
 
 9. To constitute tribunals inferior to the 
 Supreme Court : 
 
 10. To define and punish piracies and felon- 
 ies committed on the high seas, and ofiences 
 against the law of nations : 
 
 11. To declare war, grant letters of marque 
 and reprisal, and make rules concerning cap- 
 tures on land and water : 
 
 12. To raise and support armies; but no ap- 
 propriation of money to that use shall be for a 
 longer term than two years : 
 
 13. To provide and maintain a navy : 
 
 14. To make rules for the government and 
 regulation of the land and naval forces : 
 
 15. To provide for calling forth the militia 
 
CONSTITUTION OF THE UNITED STATES. 
 
 197 
 
 to execute the laws of the Union, suppress in- 
 surrections, and repel invasions : 
 
 16. To provide for organizing, arming, and 
 disciplining the militia, and for governing such 
 parts of them as may be employed in the ser- 
 vice of the United States : reserving to the 
 States respectively the appointment of the offi- 
 cers and the authority of training the militia 
 according to the discipline prescribed by Con- 
 gress. 
 
 17. To exercise exclusive legislation in all 
 cases whatsoever, over such district (not ex- 
 ceeding ten miles square) as may, by cessioa 
 of particular States, and the acceptance of Con- 
 gress, become the seat of government of the 
 United States : and to exercise like authority 
 over all places purchased by the consent of the 
 legislature of the State in which the same shall 
 be, for the erection of forts, magazines, arsenals, 
 dockyards, and other needful buildings : — and 
 
 18. To make all laws which shall be neces- 
 sary and proper for carrying into execution the 
 foregoing powers, and all other powers vested 
 by this Constitution in the government of the 
 United States, or in any department or officer 
 thereof. 
 
 Sec. IX. — I. The immigration or importa- 
 tion of such persons as any of the States now 
 existing shall think proper to admit, shall not 
 be prohibited by the Congress prior to the 
 year one thousand eight hundred and eight; 
 but a tax or duty may be imposed on such im- 
 
iq8 constitution op the united states. 
 
 portation not exceeding ten dollars for each 
 person. 
 
 2. 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. 
 
 3. No bill of attainder or ex post facto law 
 shall be passed. 
 
 4. No capitation or other direct tax shall be 
 laid, unless in proportion to the census or enu- 
 meration hereinbefore directed to be taken. 
 
 5. No tax or duty shall be laid on articles 
 exported from any State. No preference shall 
 be given by any regulation of 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. 
 
 6. No money shall be drawn from the treas- 
 ury, but in consequence of appropriations made 
 by law ; and a regular statement and account 
 of the receipts and expenditures of all public 
 money shall be published from time to time. 
 
 7. No title of nobility shall be granted by 
 the United States : and no person holding any 
 office of profit or trust under them, shall, 
 without the consent of Congress, accept of any 
 present, emolument, office, or title, of any kind 
 whatever, from any king, prince, or foreign 
 State. 
 
 Sec. X. — I. No State shall enter into any 
 treaty, alliance, or confederation ; grant letters 
 
CON8TITVTI0N OF THE VNITED STATES. IQO 
 
 of marque and reprisal ; coin money ; emit 
 bills of credit ; make anything but gold and 
 silver coin a tender in payment of debts ; pass 
 any bill of attainder, ex post facto law, or law 
 impairing the obligation of contracts ; or grant 
 any title of nobility. 
 
 2. No State shall, without the consent of 
 Congress, lay any imposts or duties on imports 
 or exports, except what may be absolutely 
 necessary for executing 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 
 revision and control of Congress. 
 
 3. No State shall, without the consent of 
 Congress, lay any duty on tonnage, keep troops 
 or ships of war in time of peace, enter into any 
 agreement or compact with another State, or 
 with a foreign power, or engage in war, unless 
 actually invaded, or in such imminent danger 
 as will not admit of delay. 
 
 ARTICLE II. 
 
 THE EXECUTIVE DEPARTMENT. 
 
 .SECTio>f I. — 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, together with the 
 Vice-President, chosen for the same term, be 
 elected as follows : 
 
200 CONSTITUTION OF THE UNITED STATES. 
 
 2. Each State shall appoint, in such manner 
 as the legislature thereof may direct, a number 
 of electors equal to the whole number of Sena- 
 tors and Representatives to which the State 
 may be entitled in Congress : 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 persons voted for, and of 
 the number of votes for each ; which list they 
 shall sign and certify, and transmit sealed to the 
 seat of the government of the United States, di- 
 rected to the President of the Senate. The Presi- 
 dent of the Senate shall, in the presence of the 
 Senate and House of Representatives, open all 
 the certificates, and the votes shall then be 
 counted. The person having the greatest 
 number of votes shall be President, if such 
 number be a majority of the whole number of 
 electors appointed ; and if there be more than 
 one who have such a majority, and have an 
 equal number of votes, then the House of Rep- 
 resentatives shall immediately choose, by bal- 
 lot, one of them 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 a President. But in choosing 
 the President, the votes shall be taken by States, 
 
CONSTITUTION OF THS UNITED STATES. 20I 
 
 the representation from each State having one 
 vote : a quorum for this purpose shall consist 
 of a member or members from two-thirds of 
 the States, and a majority of all the States 
 shall be necessary to a choice. In every case, 
 after choice of the President, the person having 
 the greatest number of votes of the electors 
 shall be Vice-President. But if there should 
 remain tvo or more who have equal votes, the 
 Senate shall choose from them, by ballot, the 
 Vice-President. 
 
 4. The Congress may determine the time 
 of choosing the electors, and the day on which 
 they shall give their votes, which day shall be 
 the same throughout the United States. 
 
 5. No person except a natural born citizen, 
 or a citizen of the United States at the time 
 of the adoption of this Constitution, shall be 
 eligible to the office of President : neither 
 shall any person be eligible to that office who 
 shall not have attained to the age of thirty-five 
 years, and been fourteen years a resident within 
 the United States. 
 
 6. In case of the removal of the President 
 from office, or of his death, resignation, or 
 inability to discharge the powers and duties of 
 the said office, the same shall devolve on the 
 Vice-President ; and the Congress may, by law, 
 provide for the case of removal, death, resig- 
 nation, or inability, both of the President and 
 Vice-President, declaring what officer shall 
 then act as President ; and such officer shall 
 
202 CONSTITUTION OF THE UNITED STATES. 
 
 act accordingly until the disability be removed, 
 or a President shall be elected. 
 
 7. The President shall, at stated times, re- 
 ceive for his services a compensation, which 
 shall neither be increased nor diminished dur- 
 ing 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. 
 
 8. Before he enters on the execution of his 
 office, he shall take the following oath or 
 affirmation : 
 
 " I do solemnly swear (or affirm) that I will 
 faithfully execute the office of President of the 
 United States; and will, to the best of my 
 ability, preserve, protect, and defend the Con- 
 stitution of the United States." 
 
 Sec. II. — I. The President shall be Com- 
 mander-in-chief of the army and navy of the 
 United-States, and of the militia of the several 
 States, when called into the actual service of 
 the United States. He may require the opinion, 
 in writing, of the principal officer in each of 
 the executive departments, upon any subject 
 relating to the duties of their respective offices ; 
 and he shall have power to grant reprieves and 
 pardons for offenses against the United States, 
 except in cases of impeachment. 
 
 2. He shall have power, by and with the 
 advice and consent of the Senate, to make 
 treaties, provided two-thirds of the Senators 
 present concur; and he shall nominate, and, 
 
CONSTITUTION OF THE UNITED STATES. 
 
 203 
 
 by and with the advice and consent of the 
 Senate, shall appoint ambassadors and other 
 public ministers and consuls, judges of the 
 Supreme Court, and all other officers of the 
 United States whose appointments are not 
 herein otherwise provided for, and which shall 
 be established by law. But the Congress may, 
 by law, vest the appointment of such inferior 
 officers as they think proper, in the President 
 alone, in the courts of law, or in the heads of 
 departments. 
 
 3. The President shall have power to fill 
 up all vacancies that may happen during the 
 recess of the Senate, by granting commissions, 
 which shall expire at the end of their next 
 session. 
 
 Sec. III. — I. He shall, from time to time, 
 give to Congress information of the state of 
 the Union, and recommend to their considera- 
 tion such measures as he shall judge necessary 
 and expedient. He may, on extraordinary oc- 
 casions, 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 public ministers. He shall take care 
 that the laws be faithfully executed ; and shall 
 commission all officers of the United States. 
 
 Sec. IV. — The President, Vice-President, 
 and all civil officers of the United States, shall 
 be removed from office on impeachment for, 
 
204 CONSTITUTION OF THE UNITED STATES. 
 
 and conviction of, treason, bribery, or other 
 high crimes and misdemeanors. 
 
 ARTICLE III. 
 
 THE JUDICIAL DEPARTMENT. 
 
 Section I. — The judicial power of the United 
 States shall be vested in one Supreme Court, 
 and in such inferior courts as Congress may, 
 from time to time, ordain and establish. The 
 judges, both of the supreme and inferior courts, 
 shall hold their offices during good behavior ; 
 and shall, at stated times, receive for their ser- 
 vices a compensation, which shall not be di- 
 minished during their continuance in office. 
 
 Sec. II.^ — i. The judicial power shall extend 
 to all cases in law and equity arising under 
 this Constitution, the lawsof the United States, 
 and treaties made or which shall be made, under 
 their authority ; to all cases affecting ambassa- 
 dors, 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 Slates ; between a State and citizens 
 of another State j between citizens of different 
 States ; between citizens of the same State 
 claiming lands under grants of different States ; 
 and between a State, or the citizens thereof, 
 and foreign states, citizens, or subjects. 
 
 2. In all cases affecting ambassadors, other 
 public ministers, and consuls, and those in 
 
CONSTITUTION OF THE UNITED STATES. 20 5 
 
 ■which a State shall be a party, the Supreme 
 Court shall have original jurisdiction. In all 
 the other cases before mentioned, the Supreme 
 Court shall have appellate jurisdiction, both as 
 to law and fact, with such exceptions and under 
 such regulations as Congress shall make. 
 
 3. The trial of all crimes, except in cases of 
 impeachment, shall be by jury, and such trial 
 shall be held in the State where the said crimes 
 shall have been committed ; but when not 
 committed within any State, the trial shall be 
 at such place or places as Congress may by law 
 have directed. 
 
 Sec. III. — I. Treason against the United 
 States shall consist only in levying war against 
 them, or in adhering to their enemies, giving 
 them aid and comfort. No person shall be 
 convicted of treason, unless on the testimony 
 of two witnesses to the same overt act, or on 
 confession in open court. 
 
 2. Congress shall have power to declare the 
 punishment of treason ; but no attainder of 
 treason shall work corruption of blood, or for- 
 feiture, except during the life of the person at- 
 tainted. 
 
 ARTICLE IV. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Section I. — Full faith and credit shall be 
 given in each State to the public acts, records, 
 and judicial proceedings of every other State ; 
 and Congress may, by general laws, prescribe 
 
206 CONSTITUTION OF THE UNITED STATES, 
 
 the manner in which such acts, records, and 
 proceedings shall be proved, and the eflfect 
 thereof. 
 
 Sec II. — I. The citizens of each State shall 
 be entitled to all the privileges and immunities 
 of citizens in the several States. 
 
 2. A person charged in any State with trea- 
 son, felony, or other crime, who shall flee 
 from justice, and be found in another State, 
 shall, on demand of the executive authority of 
 the State from which he fled be delivered up, 
 to be removed to the State having jurisdiction 
 of the crime. 
 
 3. No person held to service or labor in one 
 State, under the laws thereof, escaping into 
 another, shall, in consequence of any law or 
 regulation therein, be discharged from such 
 service or labor ; but shall be delivered up on 
 claim of the party to whom such service or 
 labor may be due. 
 
 Sec. III. — I. New States may be admitted 
 by Congress into this Union ; but no new 
 State shall be formed or erected within the 
 jurisdiction of any other State, or any State be 
 formed by the junction of two or more States, 
 or parts of States, without the consent of the 
 legislatures of the States concerned, as well as 
 of Congress. 
 
 2. Congress shall have power to dispose of, 
 and make all needful rules and regulations re- 
 specting the territory or other property belong- 
 ing to the United States ; and nothing in this 
 
CONSTITUTION OP THE UNITED STATES. 20/ 
 
 Constitution shall be so construed as to preju- 
 dice any claims of the United States, or of any- 
 other particular State. 
 
 Sec. 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 legis- 
 lature cannot be convened), against domestic 
 violence. 
 
 ARTICLE V. 
 
 The Congress, whenever two-thirds of both 
 houses shall deem it necessary, shall propose 
 amendments to this Constitution ; or, on the 
 application of the legislatures of two-thirds of 
 the several States, shall call a convention for 
 proposing amendments, which, in either case, 
 shall be valid, to all intents and purposes, as 
 parts of this Constitution, when ratified by- 
 the legislatures of three-fourths of the sev- 
 eral States, or by conventions in three-fourths 
 thereof, as the one or the other mode of ratifi- 
 cation may be proposed by Congress ; provided 
 that no amendment which may be made prior 
 to the year one thousand eight hundred and 
 eight shall in any manner affect the first and 
 fourth clauses in the ninth section of the first 
 article; and that no State, without its consent, 
 shall be deprived of its equal suffrage in the 
 Senate. 
 
2o8 CONSTITVTIOH OF THE UNITED STATES. 
 
 ARTICLE VI. 
 
 1. All debts contracted, and engagements 
 entered into, before the adoption of this Con- 
 stitution, shall be as valid against the United 
 States under this Constitution as under the 
 Confederation. 
 
 2. This Constitution, and the laws of the 
 United States which shall be made in pursu- 
 ance thereof, and all treaties made, or which 
 shall be made, under the authority of the 
 United States, shall be the supreme law of the 
 land ; and the Judges in every State shall te 
 bound thereby, anything in the constitution or 
 laws of any State to the contrary notwithstand- 
 ing. 
 
 3. The Senators and Representatives before 
 mentioned, and the members of the several 
 State legislatures, and all executive and judicial 
 officers, both of the United States and of the . 
 several States, shall be bound by oath or affir- 
 mation to support this Constitution ; but no 
 religious test shall ever be required as a qualifi- 
 cation to any office or public trust under the 
 United States. 
 
 ARTICLE VII. 
 
 The ratification of the conventions of nine 
 States shall be sufficient for the establishment 
 of this Constitutioiv between the States so ratify- 
 ing the same. 
 
CONSTITUTION OF THE UNITED STATES. 
 
 209 
 
 Done in convention by the unanimous consent 
 of the States present, the seventeenth day 
 of September, in the year of our Lord one 
 thousand seven hundred and eighty-seven, 
 and of the Independence of the United States 
 of America the twelfth. In witness whereof 
 we have hereunto subscribed our names. 
 George Washington, 
 President, and Deputy from Virginia. 
 
 AMENDMENTS TO THE CONSTITUTION 
 OF THE UNITED STATES. 
 
 Article I. — Congress shall make no law 
 respecting an establishment of religion, or pro- 
 hibiting the free exercise thereof; or abridging 
 the freedom of speech or of the press ; or the 
 right of the people peaceably to assemble, and 
 to petition the government for a redress of 
 grievances. 
 
 Art. II. — A well-regulated militia being nec- 
 essary to the security of a free State, the right 
 of the people to keep and bear arms shall not 
 be infringed. 
 
 Art. III. — No soldier shall, in time of peace, 
 be quartered in any house without the consent 
 of the owner; nor in time of war, but in a 
 manner to be prescribed by law. 
 
 Art. IV. — The right of the people to be 
 secure in their persons, houses, papers, and 
 effects, against unreasonable searches and sei- 
 zures, shall not be violated ; and no warrants 
 H 
 
2 lO CONSTITUTION OF THE UNITED STATES. 
 
 shall issue but upon probable cause, supported 
 by oath or affirmation, and particularly de- 
 scribing the place to be searched, and the per- 
 sons or things to be seized. 
 
 Art. V. — No person shall be held to answer 
 for a capital or otherwise infamous crime, un- 1 
 less 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 actual 
 service in time of war or public danger ; nor 
 shall any person be subject for the same offense 
 to be put twice in jeopardy of life or limb ; nor 
 shall be compelled in any criminal case to be 
 witness against himself; nor be deprived of 
 life, liberty, or property, without due process 
 of law; nor shall private property be taken for 
 public use without just compensation. 
 
 Art. VI. — In all criminal prosecutions the 
 accused shall enjoy the right to a speedy and 
 public trial, by an impartial jury of the State 
 and district wherein the crime shall have been 
 committed, which district shall have been pre- 
 viously ascertained by law ; and to be informed 
 of the nature and cause of the accusation ; to 
 be confronted with the witnesses against him ; 
 to have compulsory process for obtaining wit- 
 nesses in his favor; and to have the assistance 
 of counsel for his defense. 
 
 Art. VII. — In suits at common law, where 
 the value in controversy shall exceed twenty 
 dollars, the right of trial by jury shall be pre- 
 served ; and no fact tried by a jury shall be 
 
CONSTITUTION OF THE UNITED STATES. 211 
 
 Otherwise re-examined in any court of the 
 United States, than according to the rules of 
 the common law. 
 
 Art. VIII. — Excessive bail shall not be re- 
 quired, nor excessive fines imposed, nor cruel 
 and unusual punishments inflicted. 
 
 Art. IX. — The enumeration in the Consti- 
 tution of certain rights shall not be construed 
 to deny or disparage others retained by the 
 people. 
 
 Art. X. — The powers not delegated to the 
 United States by the Constitution, nor pro- 
 hibited by it to the States, are reserved to the 
 States respectively, or to the people. - 
 
 Art. 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. 
 
 Art. XII. — I. The electors shall meet in 
 their respective States, and vote by ballot for 
 President and Vice-President, one of whom, at 
 least, shall not be an inhabitant of the same 
 State with themselves. They shall name in 
 their ballots the person voted for as President, 
 and in distinct ballots the person voted for as 
 Vice-President; and they shall make distinct 
 lists of all persons voted for as President, and 
 of all persons voted for as Vice-President, and 
 of the number of votes for each ; which lists 
 they shall sign and certify, and transmit sealed 
 
212 CONSTITUTION OF TKE UNITED STATES. 
 
 to the seat of the government of the United 
 States, directed to the President of the Senate. 
 The President of the Senate shall, in the pres- 
 ence of the Senate and House of Representa- 
 tives, open all the certificates, and the votes shall 
 then be counted. The person having the great- 
 est number of votes for President shall be the 
 President, if such number be a majority of the 
 whole number of electors appointed : and if no 
 person have such majority, then from the per- 
 sons having the highest numbers, not exceed- 
 ing three, on the list of those voted for as 
 President, the House of Representatives shall 
 choose immediately, by ballot, the President. 
 But, in choosing the President, the votes shall 
 be taken by States, the representation from 
 each State having one vote : a quorum for this 
 purpose shall consist of a member or members 
 from two-thirds of the States, and a majority 
 of all the States shall be necessary to a choice. 
 And if 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, then the Vice-Presi- 
 dent shall act as President, as in the case of 
 the death or other constitutional d;3fc.bility of 
 the President. 
 
 2. 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 
 
CONSTITUTION OF TBE UNITED STATES. 
 
 213 
 
 highest numbers on the list the Senate shall 
 choose the Vice-President. A quorum for the 
 purpose shall consist of two-thirds of the whole 
 number of Senators, and a majority of the 
 whole number shall be necessary to a choice. 
 
 3. But no person constitutionally ineligible 
 to the office of President shall be eligible to 
 that of Vice-President of the United States. 
 
 Art. XIII. — Section I. — Neither slavery nor 
 involuntary servitude, except as a punishment 
 for crime, whereof the party shall have been 
 duly convicted, shall exist within the United 
 States, or any place subject to their jurisdiction. 
 
 Sec. II. — Congress shall have power to en- 
 force this Article by appropriate legislation. 
 
 Art. XIV. — Section I. — All persons born or 
 naturalized in the United States, and subject to 
 the jurisdiction thereof, are citizens of the 
 United States, and of the State wherein they 
 reside. No State shall make or enforce any law 
 which shall abridge the privileges or immunities 
 of citizens of the United States ; nor shall any 
 State deprive any person of life, liberty, or 
 property, without due process of law ; nor deny 
 to any person within its jurisdiction the equal 
 protection of the laws. 
 
 Sec. II. — Representatives shall be appor- 
 tioned 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 to vote 
 at any election for the choice of electors for 
 
214 CONSTITUTION OF THE UNITED STATES. 
 
 President or Vice-President of the United 
 States, Representatives in Congress, the execu- 
 tive and judicial officers of a State, or the 
 members of the legislature thereof, is denied 
 to any of the male inhabitants of such State, 
 being twenty-one years of age, and citizens of 
 the United States, or in any way abridged, 
 except for participation in rebellion or other 
 crime, the basis of representation therein shall 
 be reduced in the proportion which the num- 
 ber of such male citizens shall bear to the whole 
 number of male citizens twenty-one years of 
 age in such State. 
 
 Sec. III. — No person shall be a Senator or 
 Representative in Congress, or elector of Presi- 
 dent and Vice-President, or hold any office, 
 civil or military, under the United States, or 
 under any State, who, having previously taken 
 an oath as a member of Congress, or as an 
 officer of the United States, or as a member of 
 any State legislature, or as an executive or 
 judicial officer of any State, to support the 
 Constitution of the United States, shall have 
 engaged in insurrection or rebellion against the 
 same, or given aid or comfort to the enemies 
 thereof. But Congress may, by a vote of two- 
 thirds of each house, remove such disability. 
 
 Sec. IV. — The validity of the public debt 
 of the United States, authorized by law, in- 
 cluding debts incurred for payment of pensions 
 and bounties for services in suppressing insur- 
 rection or rebellion, shall not be questioned. 
 
CONSTITUTION OF THE UNITED STATES. 
 
 215 
 
 But neither the United States nor any State 
 shall assume or pay any debt or obligation in- 
 curred in aid of insurrection or rebellion 
 against the United States, or any claim for the 
 loss or emancipation of any slave ; but all such . 
 debts, obligations, and claims shall be held 
 illegal and void. » 
 
 Sec. V. — The Congress shall have power to 
 enforce, by appropriate legislation, the provi- 
 sions of this Article. 
 
 Art. XV. — Section I. — The right of citizens 
 of the United States to vote shall not be denied 
 or abridged by the United States or by any State 
 on account of race, color, or previous condition 
 of servitude. 
 
 Sec. II. — The Congress shall have power to 
 enforce this Article by appropriate legislation. 
 
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 separate and equal station to 
 which the laws of Nature and Nature's God 
 entitle them, a decent respect to the opinions 
 of mankind requires that they should declare 
 the causes which impel them to the separation. 
 
 We hold these truths to be self-evident ; that 
 all men are created equal ; that they are en- 
 dowed by their Creator with certain inalienable 
 rights ; that among these are life, liberty, and 
 the pursuit of happiness. 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 gov- 
 ernment 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 foundations on such principles, and organ- 
 izing its powers in such form as to them shall 
 
 (217) 
 
2 1 8 BECLABATION OF INDEPENDENCE. 
 
 seem most likely to effect their safety and happi- 
 ness. Prudence, indeed, will dictate that gov- 
 ernments 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 ac- 
 customed. 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 necessity 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 establishment of an absolute tyranny 
 over these States. To prove this, let facts be 
 submitted to a candid world : 
 
 He has refused his assent to laws the most 
 wholesome and necessary for the public good. 
 
 He has forbidden his governors to pass laws 
 of immediate and pressing importance, unless 
 suspended in their operation till his assent 
 should be obtained ; and when so suspended he 
 has utterly neglected to attend to them. He 
 has refused to pass other laws for the accom- 
 modation of large districts of people, unless 
 
DECLARA TION OF INDEPENDENCE. 2 1 9 
 
 those people would relinquish the right of rep- 
 resentation in the legislature — a right inestima- 
 ble to them, and formidable to tyrants only. 
 
 He has called together legislative bodies at 
 places unusual, uncomfortable, and distant 
 from the repository of the public records, for 
 the sole purpose of fatiguing them into com- 
 pliance with his measures. 
 
 He has dissolved representative houses re- 
 peatedly for opposing, with manly firmness, 
 his invasions on the rights of the people. 
 
 He has refused for a long time after such 
 dissolution to cause others to be elected ; 
 whereby the legislative powers, incapable of 
 annihilation, have returned to the people at 
 large for their exercise, the State remaining, 
 in the mean time, exposed to all the dangers 
 of invasion from without and convulsions 
 within. 
 
 He has endeavored to prevent the population 
 of these States ] for that purpose obstructing 
 the laws of naturalization of foreigners ; refus- 
 ing to pass others to encourage their migration 
 hither, and raising the conditions of new ap- 
 propriations of lands. 
 
 He has obstructed the administration of jus- 
 tice by refusing his assent to laws for establish- 
 ing judiciary powers. 
 
 He has naade judges dependent on his will 
 alone for the tenure of their offices and the 
 amount of payment of their salaries. 
 
 He has erected a multitude of new o£Sce5, 
 
2 20 DECLABA TION OF INDEPENDENCE. 
 
 and sent hither swarms of officers to harass our 
 people, and eat out their substance. 
 
 He has kept among us, in times of peace, 
 standing armies, without the consent of our 
 legislatures. 
 
 He has affected to render the military inde- 
 pendent of and superior to the civil power. 
 
 He has combined with others to subject us 
 to a jurisdiction foreign to our Constitution, 
 and unacknowledged 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 
 punishment for any murders which they should 
 commit on the inhabitants of these States: 
 
 For cutting off our trade with all parts of the 
 world : 
 
 For imposing taxes on us without our consent : 
 
 For depriving us, in many cases, of the bene- 
 fits of trial by jury : 
 
 For transporting us beyond seas to be tried 
 for pretended offenses : 
 
 For abolishing the free system of English 
 laws in a neighboring province, establishing 
 therein an arbitrary government, and enlarg- 
 ing its boundaries, so as to render it at once an 
 example and fit instrument for introducing the 
 same absolute rule into these colonies : 
 
 For taking away our charters, abolishing our 
 most valuable laws, and altering, fundament- 
 ally, the forms of our government : 
 
DECLARA TION OF INDEPENDENCE. 221 
 
 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 declar- 
 ing 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, desolation, and tyranny already begun, 
 with circumstances of cruelty and perfidy 
 scarcely paralleled in the most barbarous ages, 
 and totally unworthy the head of a civilized 
 nation. 
 
 He has constrained our fellow-citizens, taken 
 captive on the high seas, to bear arras against 
 their country, to become the executioners of 
 their friends and brethren, or to fall themselves 
 by their hands. 
 
 He has excited domestic insurrections among 
 us, and has endeavored to bring on the inhabi- 
 tants of our frontiers the merciless Indian sav- 
 ages, whose known rule of warfare is an undis- 
 tinguished destruction of all ages, sexes, and 
 conditions. 
 
 In every stage of these oppressions we have 
 petitioned for redress in the most humble 
 terms ; our repeated petitions have been an- 
 swered only by repeated injury. A prince 
 whose character is thus marked by every act 
 
222 DECLARA TION OF INDEPENDENCE. 
 
 which may define a tyrant is unfit to be the 
 ruler of a free people. 
 
 Nor have we been wanting in attentions to 
 our British brethren. We have warned them, 
 from time to time, of attempts by their legisla- 
 ture to extend an unwarrantable jurisdiction 
 over us. We have reminded them of the cir- 
 cumstances of our emigration and settlement 
 here. We have appealed to their native justice 
 and magnanimity, and we have conjured them 
 by the ties of our common kindred to disavow 
 these usurpations, which would inevitably in- 
 terrupt our connections and correspondence. 
 They, too, have been deaf to the voice of jus- 
 tice and consanguinity. We must, therefore, 
 acquiesce in the necessity which denounces our 
 separation, and hold them, as we hold the rest 
 of mankind, enemies in war, in peace friends. 
 
 We, therefore, the representatives of the 
 United States of America, in General Con- 
 gress assembled, appealing to the Supreme 
 Judge of the world for the rectitude of our in- 
 tentions, do, in the name and by the authority 
 of the good people of these colonies, solemnly 
 publish and declare that these United Colonies 
 are, and of right ought to be, free and inde- 
 pendent 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 j and that, as free and independent 
 States, they have full power to levy war, con- 
 
DECLARATION OF INDEPENDENCE. 223 
 
 elude peace, contract alliances, establish com- 
 merce, and do all other acts and things which 
 independent States may of right do. And for 
 the support of this declaration, with a firm re- 
 liance on the protection of Divine Providence, 
 we mutually pledge to each other our lives, our 
 fortunes, and our sacred honor. 
 
INDEX. 
 
 TJiefiffures refer to the nwnbers of the paragrap\». 
 
 AccKPTANCE by the maker of a motion, of an amend- 
 ment, 92, 93 
 
 Addition of propositions, how effected, 88 
 
 Adjotjenmbnt, without day, equivalent to a dissolu- 
 tion, 139 
 effect of, on business under consideration, 140 
 motion for, takes precedence of all other motions, 
 137 
 
 when it may be amended, 137 
 form of, 138, 200 
 
 Amendment, purposes of motions for, 60, 78 
 order of proceeding in, 95, 191 
 acceptance of by mover of proposition, 92, 93 
 of amendments by striking out and inserting, 
 
 107,108 
 of amendment, to be put before the original 
 
 amendment, 110 
 of an amendment to an amendment not allowed, 
 96 
 object of such motion, how attained, 96, 97 
 cannot be made to what has been agreed to on a 
 question, 98, 99, 100, 101 
 
 15 ( 226 ) 
 
226 INDEX. 
 
 Amendment, inconsistency of, with one already- 
 adopted, 102 
 may show the absurdity of the original object of 
 the proposition, 132 
 
 or may change the object, 128,129, 133 
 or may defeat the object, 130 131 
 by addition, 88 
 by separation, 89 
 by transposition, 90 
 by striking out, 94, 103 to 112 
 by inserting or adding, 94, 113 to 121 
 by striking out and inserting, 94, 122 to 127 
 Molimifor, by striking out and inserting, 103, 104, 
 111, 122 
 may be divided, 122 
 may be amended, 126 
 
 manner of stating question on, 112, 121, 127 
 precedence of question on, 123 
 to strike out, decided in the negative, equivalent 
 to the affirmative of agreeing, 98, 100, 252 
 if passed may not be renewed, 103 to 106, 113 
 to 116, 119, 124, 125 
 stands in the same degree with the previous ques- 
 tion, and indefinite postponement, 184 
 superseded by a motion to postpone to a day cer- 
 tain, or to commit, 185 
 may be amended, 96, 107, 117, 126, 184 
 effect of vote on, 94 to 127, 187 
 to be put before the original motion, 1 10, 120 
 
 Apology, 42 
 
 Assembly, Delibbeative, purposes of, how effected, 1 
 how organized, 2, 3 
 judgment of, how expressed, 12 
 
 Assembling, time of, to be fixed beforehand, 23 
 place of, in possession of assembly, 9 
 
INDEX. 
 
 227 
 
 A.UTHENTiCATlOlf of acts, etc., of a deliberative as- 
 sembly, 27, 32 
 
 BijAKKS, filling of, 84 
 
 with times or numbers, rule for, 85, 86, 87 
 See Precedence. 
 
 Chairman, preliminary election of, 3 
 See Presiding Officer. 
 
 Clebk, 5 
 
 See Recording Officer. 
 
 Committees, objects and advantages of, 258, 260, 261 
 who to compose, 258, 270 
 usually those favorable to the proposed measure, 
 
 271 
 mode of appointment of, 263, 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, 75, 76, 77, 262 
 list of, etc., given by the clerk to the member 
 
 first appointed, 272 
 person first appointed on, acts as chairman by 
 
 courtesy, 273 
 proceed like other assemblies, 276, 279 
 may proceed by sub-committees, 306 
 mode of proceeding on a paper which has been 
 
 referred to them, 279, 281, 283 
 mode of proceeding on a paper originating in the 
 
 committee, 279, 280, 282 
 manner of closing session of, 285 
 report of, how made, 282, 283, 284, 286, 287, 292 
 
228 INDEX. 
 
 Committees, form of report of, 286, 292 
 
 mode of proceeding on report of, 292, 293, 294, 
 
 295, 296. 
 acceptance of report of, 295 
 form of stating questions on report of, 295, 296 
 
 See Report. 
 
 Committee op the Whole, of whom composed, 259 
 
 how constituted, 297 
 
 what a quorum of, 299 
 
 who presides over, 297, 298 
 
 who is clerk of, 301 
 
 proceedings of, similar to those of the assembly 
 itself, 302, 309 
 
 mode of proceeding if one session does not com- 
 plete the business, 304 
 
 who may speak in, and how often, 305 
 
 cannot refer any matter to another committee, 306 
 
 Committee op the Whole, cannot punish for, 
 breaches of order, 308 
 disorderly words in, how noticed, 308 
 differences between and other committees, 302 to 
 
 308 _ 
 presiding officer of assembly to remain in the 
 room during the session of, 300 
 See Reports, Disorderly Words. 
 
 Commitment, definition and purposes of, 73 
 when a proper course, 60 
 what may be committed, 75, 76, 77 
 effect of a vote on a motion for, 183 
 motion for, may be amended, 181 
 supersedes a motion to amend, 185 
 is of the same degree with motions for the 
 
 previous question and postponement, 182 
 See Oommittees. 
 
 CoMMTTNicATiONS to the assembly, how made. 44, 46, 
 48,49 
 
INDEX. 229 
 
 Consent of the assembly, in what cases, and how far, 
 to be presumed by the presiding officer, 35, 237, 293 
 
 CoiiTESTED Elections, 7 
 See Returns. 
 
 Cbedentials of members, 7 
 
 Debate, proper character of, 201 
 
 should be confined to the question, 209 
 usual mode of putting an end to^ 220, 221 
 shortening, 222 
 See Speaking. 
 
 Decobtjm, Bbeaches of, 37, 38, 39, 40, 41, 223, 224 
 how to be noticed, 40 
 remedy for, 224, 225, 226 
 
 how a member is to proceed to exculpate him- 
 self ixova a charge of, 40 
 See Disorderly Words, Order. 
 
 Disorderly Words, course of proceeding when 
 spoken, 227 to 231 
 to be written down by the clerk, as spoken,' 228, 
 229 
 
 Disorderly Words, 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 Conduct, 9, 37 to 40, 313 ■ 
 
 Division of a question, 79 to 83, 122, 123 
 effect of, 80 
 
 motion for, how made, 80 
 right to demand, 81, 82 
 when it may take place, 83 
 See Qu/esticn. 
 
230 
 
 INDEX. 
 
 Elections and Ebttjbns, 6, 7, 8 
 
 Expulsion, 42 
 
 Floob, how to obtain, 46 
 
 who has a right to, 47, 203, 204, 205 
 
 member in possession of, to be interrupted only 
 
 by a call to order, 200 
 when usually allowed to the mover of a motion, 
 
 204 
 when one relinquishes, for one purpose, he does 
 
 so for all purposes, 205, 219 
 
 Forms of proceeding, 10, 59, 315 
 See Order, Rules. 
 
 Incidental Questions, 150 to 165 
 questions of order, 151 to 154 
 reading papers, 155 to 160 
 withdrawal of a motion, 161, 162 
 suspension of a rule, 163, 164 
 amendment of amendments, 165 
 See Qaestian. 
 
 Introduction of business, how accomplished, 43 
 See Rules. 
 
 Journal of a deliberative assembly, what and how 
 kept, 32, 33 
 
 Judgment of an aggregate body, how evidenced, 24 
 
 Lib on the table, purpose of motion for, 60, 71, 72 
 Motion, for, cannot be amended, 170 
 when to be resorted to, 171 
 effect of vote on, 71, 72, 172, 173 
 takes precedence of all other subsidiary mo- 
 tions, 171 
 
INDEX. 23 1 
 
 List of members, 6 
 
 Main Question, 63, 64, 135, 213 
 
 Majority, decision by, on questions and elections, 24 
 
 Members, rights and duties of, 36 
 
 punishments of, 42 
 
 not to be present at debates on matters concern- 
 ing themselves, 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, nole. 
 
 when before the assembly, none other can be re- 
 ceived, except privileged motions, 58 
 
 is not before the assembly until stated by ite 
 presiding officer, 198 
 
 not in order unless the maker be called to by the 
 presiding officer, 200 
 
 by one seated, or not addressing the chair, not to 
 be received, 200 
 
 principal and subsidiary, cannot be made to- 
 gether, 199 
 
232 INDEX. 
 
 Naming a member, what, 40, 225 
 
 Numbers prefixed to paragraphs of a proposition, 
 not a part of it, 91 
 
 Oppicers 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 Offijcer. 
 
 Order of a deliberative assembly, what, 13 
 0/ business, 188 (o 200 
 
 how established, 190 
 qiiestions of, what, 152 
 
 how decided, 154, 248 
 form of, on appeal, 154 
 no debate upon, allowed during division, 248 
 rules of, to be enforced without delay, 157 
 call to, effect of, 214 
 who may make, 151 
 
 interrupts the business under consideration, 
 163 
 See Disorderly Conduct, Disorderly Words. 
 
 Orders op the Day, definition of, 142 
 
 motion for, a privileged question for the day, 143 
 
 to 145, 146 
 motion for, generally supersedes other proposi- 
 tions, 143, 144 
 being taken up, the business interrupted thereby 
 
 is suspended, 147 
 fall, if not taken up on the day fixed, 149 
 unless by special rule, 149 
 
 Orgaotzation, necessity for, 1 
 usual mode of, 3 
 on report of a committee, 4 
 
INDEX. . 233 
 
 Papebs and Documents, in whose custody, 83 
 
 PABLiAMENTABy Law, Common, what, 6, 10 
 See Rules. 
 
 Paeuamentaky Rules, whence derived, 11 
 in each State how formed, 11 
 See Rules. 
 
 Petitions, requisites to, 49 
 
 to be offered by members, 49, 50 
 
 mode of offering, 51 
 
 to be read by the clerk, if received, 52' 
 
 regular and usual action on presenting, 51, 52 
 
 contents of, to be known by member presenting, 
 
 50. 
 to be in respectful language, 50 
 
 Postponement, effect of vote on motion for, 180 
 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, 60, 67 
 
 effect of vote on motion for, 67 
 to a day certain, purpose of motion for, 68, 69 
 an improper use of, 70 
 debate on it not allowed in Congress, 72 
 
 Power of assembly to eject strangers, 9 
 
 Pkeambi^, or title, usually considered after the paper 
 is gone through with, 192 
 
 Precedence of motions, 171, 174, 179, 182, 186, 197, 
 220 
 
234 
 
 INDEX. 
 
 Precedence of questions, 123, 134, 135, 153 
 as tx) reference to a committee, 74 
 on motions to fill blanks, 85, 86, 87 
 questions of privilege take precedence of all mo- 
 tions but for adjournment, 141 
 
 President, 5 
 
 See Presiding Officer. 
 
 Presiding Officer, duties of, 27, 30, 40, 225, 313, 
 
 314 
 to be first heard on questions of order, 207 
 how far member of an assembly, 5 
 not usually to take part in debate, 5, 202 
 but in committees of the whole, 307 
 or on point of order, 154 
 to give a casting vote, 5, 243 
 may not interrupt one speaking, but to call to 
 
 order, 207 
 may not decide upon inconsistency of a proposed 
 
 amendment with one already adopted, 102 
 
 Previous Question, motion for, purpose of, 60 
 form of, 64, 170 
 original use of, 63, 64, 65 
 present use of, 65, 66, 220 
 use of in England, 66 
 cannot be amended, 170 
 efiect of vote on, 64, 65, 175 
 effect of negative decision of, 65 
 cannot be made in committee of the whole, 303 
 stands in same degree with other subsidiary mo- 
 tions, except to lie on the table, 174 
 
 PBIVII.EGED Questions, 136 to 149 
 adjournment, 137 to 140 
 questions of privilege, 141 
 orders of the day, 142 to 149 
 
INDEX. 23 s 
 
 Privileged Questions take precedence of all mo- 
 tions but for adjournments, 141 
 when settled, business thereby interrupted to be 
 resumed, 141 
 
 Proceedings, how set in motion, 43 
 
 Punishment of members, 41, 42 
 
 a question of, pending, the member to withdraw, 
 230 
 
 Qttarrbl between members, 38, 314 
 See Disorderly Words. 
 
 Question, definition of, 233 
 forms of, in use, 15, 60, 61 
 when to be put, 235 
 mode of putting, 236 
 
 on a series of propositions, 193 
 on amendments reported by a committee, 194 
 mode of taking, 238, 240, 241, 242, 245 
 when and how decision of may be questioned, 
 
 238, 239 
 all the members in the room, when a question ia 
 
 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 dirided, 80 
 motion to divide, may be amended, 80 
 what may be divided, 83 
 who may divide, 81, 122 
 
 usually regulated by rule, 82 
 incidental, defined and enumerated, 150 to 165 
 suteidiary, or secondary, defined and enumerated, 
 
 166 to 170 
 
 See laeidemtai Qiieslions, Privileged Questiom, 
 Subsidiary Questions. 
 
336 INDEX. 
 
 QtroBUM, necessity for, 17, 19 
 what constitvites, 18 
 
 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, 160 
 
 Beception, question of, on petition, 51 
 on report, 286, 293 
 
 Eecommitment, what, 73, 290, 291 
 
 Beconsideration, general principle relating to, 250 
 to 253 
 motion for, allowed in this country, 254, 255 
 effect of, 256 
 
 usually regulated by rule, 257 
 made by the friends of the proposition, not by the 
 minority, note, 254, 271 
 
 Eecobding Officer, duties of, 31, 32, 33, 35 
 how his absence is to be supplied, 34 
 how elected, 3, 4 
 
 precedence of, if more than one, 5 
 papers and documents to be in his charge, 33 
 
 Becurkence 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 
 f or ad journment, 140 
 for the orders of the day, 147, 148 
 
INDEX. 237 
 
 KiicuRBENCi!: OP BUSINESS, by a question of privi- 
 lege, 141 
 of order, 153, 230 
 \>j a call of a member to order, 200, 214 
 
 Eepokts of Committees, bow made and received, 
 286 to 289 
 how treated and disposed of, 292 to 296 
 of a paper with amendments, 288 
 action upon, 194, 195, 292 to 296 
 acceptance of, 295, 296 
 when a new draft of a paper, 196 
 of committees of the whole, 310 
 when to be received, 311 
 
 Befbimakd, 42 
 
 Kesolution, what, 13, 233, 149 
 
 Kettjrns, 6 
 
 time for investigating, 7 
 
 mode of investigating, 7 
 
 who to be on the investigating committee, 8 
 
 who to be beard on a question on, 8 
 
 KoLL, calling of, 32, 35, 245 
 
 S.ui<i£ of debate and proceeding, subject of, 14, 15 
 general purpose of, 315 
 what are necessarily adopted by an assembly, 10, 
 
 20 
 the same in this country and in England, 11 
 usage does not give them the character of general 
 
 laws, 12 
 to be enforced without delay or debate, 22, 151, 
 
 152 
 who may notice an infringement of, 22 
 
238 INDEX. 
 
 Rules, special, each assembly may adopt, 1 0, 20 
 
 supersede ordinary parliamentary rules, 10 
 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 ex- 
 press the will of the assembly, 25 
 See Beading of papers, Speaking, 
 
 Secondaey Questions, 166 
 
 See Subsidiary Questions. 
 
 Seconding of motions, 55, 309 
 
 Secretary, 5 
 
 See Recording Officer. 
 
 Secret Session, sometimes necessary, but to be 
 avoided if possible, 316 
 
 Separation of propositions, how effected, 89 
 
 Speaking, rules as to manner of, 203 to 208 
 
 as to matter in, 209 to 214 
 
 as to times of, 215 to 219 
 
 member to stand uncovered, 203, 208 
 
 not to make personal remarks, 211 
 
 not to mention names of members, 206 
 
 not to reflect on the assembly, or on its prior de- 
 terminations, 210 
 
 confined to the subject, 209, 213 
 
 not to be interrupted, 219 
 
 to speak but once on the same question, 215, 216, 
 except by leave, ll7 
 
 or to explain himself in a matter of fact, 218 
 See Debate, Presiding Officer. 
 
 Speech, reading of, by member, 157 
 
INDEX. 
 
 SuBsiDiABY 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 180 
 commitment, 181, 182, 183 
 
 Suspension of a rule, 21, 163, 164 
 See Rules. 
 
 Transposition of propositions, how effected, 90 
 
 Vice-President, duties of, 5, 28 
 
 239 
 
 Vote, what, 13, 233 
 
 Voting, right and duty of, 41, 244 
 prohibition from, 42 
 See Members. 
 
 Will of an assembly, majority necessary to express, 
 24 
 special rule may determine what proportion may 
 express, 25 
 
 Withdrawal of a motion, can be only by leave, 161 
 effect of vote upon motion for leave for, 162 
 
 Yeas and Nays, how taken, 32, 245 
 in Massachusetts, 246 
 what number of members may require, 25 
 form of putting question, 245 
 rule of the Senate of the United States, requir- 
 ing each member to vote without debate ; en- 
 forcement of this rule to secure a quorum, note, 
 25 
 
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